32612 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

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

1068 

[EPA–HQ–OAR–2010–0295, FRL–9156–4] 

RIN 2060–AP67 

Standards of Performance for 

Stationary Compression Ignition and 

Spark Ignition Internal Combustion 

Engines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing revisions to 

the standards of performance for new 

stationary compression ignition internal 

combustion engines under section 

111(b) of the Clean Air Act. The 

proposed rule would implement more 

stringent standards for stationary 

compression ignition engines with 

displacement greater than or equal to 10 

liters per cylinder and less than 30 liters 

per cylinder, consistent with recent 

revisions to standards for similar mobile 

source marine engines. The action also 

proposes to provide additional 

flexibility to owners and operators of 

affected engines, and would correct 

minor mistakes in the initial standards 

of performance. In addition, the action 

proposes revisions to the requirements 

for engines with displacement at or 

above 30 liters per cylinder to align 

more closely with recent standards for 

similar mobile source marine engines, 

and for engines in rural portions of 

Alaska that are not accessible by the 

Federal Aid Highway System. Finally, 

the proposal would make minor 

revisions to the standards of 

performance for new stationary spark 

ignition internal combustion engines to 

mirror certain revisions proposed for 

compression ignition engines, which 

would provide consistency where 

appropriate for the regulation of 

stationary internal combustion engines. 

The proposed standards would reduce 

nitrogen oxides by an estimated 1,100 

tons per year, particulate matter by an 

estimated 38 tons per year, and 

hydrocarbons by an estimated 18 tons 

per year by the year 2030. 

DATES: Comments must be received on 

or before August 9, 2010. 

Public Hearing. If anyone contacts us 

requesting to speak at a public hearing 

by June 28, 2010, a public hearing will 

be held beginning at 10 am on July 8, 

2010. If you are interested in attending 

the public hearing, contact Ms. Pamela 

Garrett at (919) 541–7966 to verify 

whether or not a hearing will be held. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2010–0295, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. Please include a 

total of two copies. EPA requests a 

separate copy also be sent to the contact 

person identified below (see FOR

FURTHER INFORMATION CONTACT). In 

addition, please mail a copy of your 

comments on the information collection 

provisions to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, Attn: Desk 

Officer for EPA, 735 17th St., NW., 

Washington, DC 20503. 

• Hand Delivery: Air and Radiation 

Docket and Information Center, U.S. 

EPA, Room B102, 1301 Constitution 

Avenue, NW., Washington, DC. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2010– 

0295. We also rely on documents in 

Docket ID Nos. EPA–HQ–OAR–2005– 

0029 and EPA–HQ–OAR–2003–0190 

and incorporate those dockets into the 

record for this proposed rule. EPA’s 

policy is that all comments received 

will be included in the public docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Public Hearing: If a public hearing is 

held, it will be held at EPA’s campus 

located at 109 T.W. Alexander Drive in 

Research Triangle Park, NC or an 

alternate site nearby. 

Docket: EPA has established a docket 

for this action under Docket ID No. 

EPA–HQ–OAR–2010–0295. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

We also rely on documents in Docket ID 

Nos. EPA–HQ–OAR–2005–0029 and 

EPA–HQ–OAR–2003–0190, and 

incorporate those dockets into the 

record for this proposed rule. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA/DC, 

EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Melanie King, Energy Strategies Group, 

Sector Policies and Programs Division 

(D243–01), U.S. EPA, Research Triangle 

Park, North Carolina 27711; telephone 

number (919) 541–2469; facsimile 

number (919) 541–5450; e-mail address 

king.melanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulated Entities. Categories and 

entities potentially regulated by this 

action include: 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32613 

Category NAICS1 Examples of regulated entities 

Any manufacturer that produces or any industry using a stationary internal combustion engine as defined in the proposed 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 in § 60.4200 of the 

proposed rule. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

Worldwide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of the proposed rule 

will be available on the WWW through 

the Technology Transfer Network Web 

site (TTN). Following signature, EPA 

will post a copy of the proposed rule on 

the TTN’s policy and guidance page for 

newly proposed or promulgated rules at 

http://www.epa.gov/ttn/oarpg. The TTN 

provides information and technology 

exchange in various areas of air 

pollution control. 

What should I consider as I prepare my 

comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through EDOCKET, 

regulations.gov or e-mail. Send or 

deliver information identified as CBI to 

only the following address: Ms. Melanie 

King, c/o OAQPS Document Control 

Officer (Room C404–02), U.S. EPA, 

Research Triangle Park, NC 27711, 

Attention Docket ID No. EPA–HQ– 

OAR–2010–0295. Clearly mark the part 

or all of the information that you claim 

to be CBI. For CBI information in a disk 

or CD–ROM that you mail to EPA, mark 

the outside of the disk or CD–ROM as 

CBI and then identify electronically 

within the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions. The EPA may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

Docket. The docket number for the 

proposed new source performance 

standards (NSPS) is Docket ID No. EPA– 

HQ–OAR–2010–0295. We will also rely 

on documents in Docket Nos. EPA–HQ– 

OAR–2005–0029 and EPA–HQ–OAR– 

2003–0190. 

Organization of This Document. The 

following outline is provided to aid in 

locating information in the preamble. 

I. Background 

A. Initial New Source Performance 

Standards 

B. Events Following Promulgation of Initial 

NSPS 

II. Summary of Proposed Amendments 

A. Standards for New Engines With 

Displacement Greater Than or Equal to 

10 l/cyl and Less Than 30 l/cyl 

B. Compliance Requirements for Owners 

and Operators 

C. Temporary Replacement Engines 

D. Standards for Engines With 

Displacement Greater Than or Equal to 

30 l/cyl 

E. Requirements for Engines Located in 

Rural Alaska 

F. Reconstruction 

G. Minor Corrections and Revisions 

III. Summary of Environmental, Energy and 

Economic Impacts 

A. What are the air quality impacts? 

B. What are the cost impacts? 

C. What are the economic impacts? 

D. What are the non-air health, 

environmental and energy impacts? 

IV. Solicitation of Public Comments and 

Participation 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act of 1995 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. Background 

A. Initial New Source Performance 

Standards 

This action proposes revisions to 

NSPS for new compression ignition (CI) 

stationary internal combustion engines 

(ICE). The NSPS were initially 

published on July 11, 2006 (71 FR 

39153). New source performance 

standards implement section 111(b) of 

the Clean Air Act (CAA), and are issued 

for categories of sources which cause, or 

contribute significantly to, air pollution 

which may reasonably be anticipated to 

endanger public health or welfare. The 

standards apply to new stationary 

sources of emissions, i.e., sources whose 

construction, reconstruction, or 

modification begins after a standard for 

those sources is proposed. 

For the first time, the NSPS put 

Federal restrictions on emissions of 

particulate matter (PM), oxides of 

nitrogen (NOX), non-methane 

hydrocarbons (NMHC) and carbon 

monoxide (CO) from new stationary CI 

engines. The NSPS also restricted the 

level of sulfur permitted in diesel fuel 

used in new stationary CI engines. The 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
32614 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

levels in the NSPS were generally based 

on standards promulgated in previous 

rules for similar nonroad (i.e., mobile 

off-highway) engines. For larger engines 

with displacement greater than or equal 

to 10 liters per cylinder (l/cyl) and less 

than 30 l/cyl, the levels were based on 

standards for similar marine engines. 

EPA noted in the proposed rule (70 FR 

39870) that it was reviewing the 

possibility of promulgating more 

stringent standards for such marine 

engines in the near future and would 

review whether to revise the standards 

for stationary engines with 

displacement greater than or equal to 10 

l/cyl and less than 30 l/cyl when the 

more stringent standards for marine 

engines with displacement greater than 

or equal to 10 l/cyl and less than 30 l/ 

cyl were promulgated. For engines with 

displacement greater than or equal to 30 

l/cyl, the standards were based on 

evidence collected for those specified 

engines. 

The standards for emergency engines 

were less stringent than those for nonemergency engines, given questions 

regarding the use of emission reduction 

aftertreatment technologies for such 

engines and the fact that such engines 

are rarely used, except in case of 

emergency. EPA also promulgated less 

stringent standards, and no fuel sulfur 

restrictions, for engines in U.S. Pacific 

territories where low sulfur fuel may be 

difficult to receive. However, these less 

stringent standards did not apply to 

engines at or above 30 l/cyl. Similarly, 

EPA delayed the low sulfur fuels 

requirement until December 1, 2010, for 

rural areas of Alaska not accessible by 

the Federal Aid Highway System 

(FAHS), and allowed the Governor of 

Alaska to submit an alternative plan for 

implementing the NSPS for public 

utilities located in these rural areas of 

Alaska. 

EPA estimated that the NSPS would 

reduce NOX emissions from stationary 

CI ICE by an estimated 38,000 tons per 

year (tpy), PM emissions by about 3,000 

tpy, NMHC emissions by about 600 tpy, 

sulfur dioxide (SO2) emissions by an 

estimated 9,000 tpy, and CO emissions 

by approximately 18,000 tpy in the year 

2015. EPA estimated that emissions of 

hazardous air pollutants would be 

reduced by approximately 93 tons in the 

year 2015. EPA estimated the NSPS 

would reduce NOX emissions from 

stationary CI ICE by an estimated 

270,000 tpy, PM emissions by about 

17,000 tpy, NMHC emissions by about 

8,000 tpy, SO2 emissions by an 

estimated 24,000 tpy, and CO emissions 

by approximately 95,000 tpy in the year 

2030. 

For the vast majority of engines, 

compliance requirements, particularly 

testing requirements, are primarily 

geared towards the manufacturers of the 

engines, not the owners and operators of 

engines. The engines had to be tested, 

certified and labeled prior to 

installation. Owners and operators are, 

however, required to operate and 

maintain their engines according to the 

written instructions of the engine 

manufacturers or according to 

procedures developed by the owner/ 

operators and approved by the 

manufacturer. 

B. Events Following Promulgation of 

Initial NSPS 

Following promulgation of the initial 

NSPS, EPA received several comments 

from interested parties regarding aspects 

of the final rule. In particular, engine 

manufacturers stated their belief that the 

standards promulgated for engines with 

displacement greater than or equal to 30 

l/cyl were not feasible, especially those 

located at areas without requirements 

for low sulfur diesel fuel. Engine 

manufacturers also noted some minor 

errors in the standards as published. 

The American Petroleum Institute 

(API) petitioned for review of the final 

NSPS, and stated to EPA that, among 

other concerns, API believed that the 

compliance requirements did not allow 

owner and operators enough flexibility 

to use operation and maintenance 

procedures, different from those 

recommended by manufacturers, that 

would provide good emission control 

practice for minimizing emissions. API 

also had other comments regarding the 

final rule, including concern regarding 

use of the term ‘‘useful life’’ in the 

stationary engine context, and concern 

that temporary portable engines would 

be treated as subject to NSPS 

requirements beyond the requirements 

for nonroad engines. 

On January 18, 2008, EPA published 

a final rule containing separate 

standards of performance for stationary 

spark ignition (SI) engines. (73 FR 3567) 

While these regulations are distinct 

from the standards of performance for CI 

engines, certain aspects of these 

regulations, particularly regarding 

compliance and definitions, are 

intended to be consistent with the 

regulations promulgated for CI engines. 

Additionally, on June 30, 2008, EPA 

published more stringent standards for 

new locomotives and for new CI marine 

vessels under 40 CFR parts 1033 and 

1042, respectively, including marine 

vessel engines with displacement 

greater than or equal to 10 l/cyl and less 

than 30 l/cyl. (73 FR 37095) The rule 

promulgated two new tiers of standards 

for newly manufactured marine CI 

engines at or above 600 kilowatt (KW) 

(800 horsepower (HP)), the second of 

which was based on the application of 

catalytic aftertreatment technology. 

Further, on April 30, 2010, EPA 

promulgated final fuel requirements and 

standards regulating emissions from 

marine engines with displacement 

above 30 l/cyl. (75 FR 22896) These 

requirements are equivalent to the limits 

adopted by the International Maritime 

Organization (IMO) in October 2008 as 

an amendment to Annex VI of the 

International Convention for the 

Prevention of Pollution from Ships (also 

called MARPOL Annex VI). 

Finally, on October 31, 2008, the State 

of Alaska, pursuant to the provision in 

the final rule allowing it to request 

alternative provisions for rural Alaska, 

requested that EPA make certain 

changes in its requirements to account 

for circumstances in rural Alaska that 

are different from those in the rest of the 

United States. Alaska’s specific 

recommendations are discussed below. 

II. Summary of Proposed Amendments 

A. Standards for New Engines With 

Displacement Greater Than or Equal to 

10 l/cyl and Less Than 30 l/cyl 

We are proposing to incorporate the 

recently-promulgated standards for new 

marine engines into our standards for 

new stationary engines with 

displacement greater than or equal to 10 

l/cyl and less than 30 l/cyl. The 

standards were found to be feasible for 

the marine engines covered by those 

requirements. As we discussed in the 

original NSPS final rule, stationary 

engines in this displacement range are 

similar in design to marine CI engines 

and are generally certified to marine 

standards. EPA is, therefore, basing the 

proposed revised standards for nonemergency stationary CI ICE with a 

displacement between 10 l/cyl and 30 l/ 

cyl on the technologies identified in the 

recent rulemaking to be used to meet the 

emission standards for marine CI 

engines. 

The proposed standards would not 

take effect until 2013, at the earliest. 

The standards are summarized in the 

tables in this preamble. The first tier of 

standards divides these engines by 

displacement. The second divides the 

engines by maximum engine power. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32615 

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

CYLINDER a

Engine size—liters per cylinder, rated power 

PM 

g/HP-hr 

(g/KW-hr) 

NOX + HC b

g/HP-hr 

(g/KW-hr) 

Year 

10.0 ≤ displacement <15.0, <3,700 KW .......................................................................... 0.10 (0.14) 4.6 (6.2) 2013 

15.0 ≤ displacement <20.0, <3,700 KW .......................................................................... c 0.20 (0.27) 5.2 (7.0) 2014 

20.0 ≤ displacement <25.0, <3,700 KW .......................................................................... 0.20 (0.27) 7.3 (9.8) 2014 

25.0 ≤ displacement <30.0, <3,700 KW .......................................................................... 0.20 (0.27) 8.2 (11.0) 2014 

aSee note (c) of Table II–2 for optional standards. 

b NOX + HC standards do not apply to 2,000 KW to 3,700 KW engines. cFor engines below 3,300 KW in this group, the PM standard is 0.25 g/HP-hr (0.34 g/KW-hr). 

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

CYLINDER

Engine size, rated power 

PM 

g/HP-hr 

(g/KW-hr) 

NOX + HC b

g/HP-hr 

(g/KW-hr) 

HC 

g/HP-hr 

(g/KW-hr) 

Year 

≥ 3,700 KW ...................................................................................... a0.09 (0.12) 1.3 (1.8) 0.14 (0.19) c 2014 

0.04 (0.06) 1.3 (1.8) 0.14 (0.19) b c 2016 

2,000 ≤ KW < 3,700 ........................................................................ 0.03 (0.04) 1.3 (1.8) 0.14 (0.19) c d 2014 

1,400 ≤ KW < 2,000 ........................................................................ 0.03 (0.04) 1.3 (1.8) 0.14 (0.19) c 2016 

600 ≤ KW < 1,400 ........................................................................... 0.03 (0.04) 1.3 (1.8) 0.14 (0.19) b 2017 

aThis standard is 0.19 g/HP-hr (0.25 g/KW-hr) for engines with 15–30 liter/cylinder displacement. 

bOptional compliance start dates can be used within these model years. 

cOption: 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. dThe 1st Tier PM standards continue to apply for these engines in model years 2014 and 2015 only. 

The first tier of standards is based on 

engine-based technologies already in 

use or expected to be used for other 

mobile and stationary engines (e.g., 

improved fuel injection, engine 

mapping, and calibration optimization), 

as well as the use of ultra low sulfur 

(i.e., 15 parts per million (ppm) sulfur) 

diesel (ULSD). The second tier of 

standards is expected to be met with the 

use of catalytic exhaust aftertreatment 

that have already been used for other 

similar mobile and stationary engines, 

like catalyzed diesel particulate filters 

(CDPF) and selective catalytic reduction 

(SCR). 

B. Compliance Requirements for Owners 

and Operators 

In the original final NSPS, EPA 

required all engines to be installed, 

configured, operated, and maintained 

according to the specifications and 

instructions provided by the engine 

manufacturer. EPA also allowed the 

option for owners and operators to 

follow procedures developed by the 

owner or operator that have been 

approved by the engine manufacturer 

for cases where site-specific conditions 

may require changes to the 

manufacturer’s typical guidelines. 

Several parties objected to this 

requirement. According to the parties, 

this requirement restricts owners and 

operators from using the most 

appropriate methods for installing, 

operating and maintaining engines in 

the field. The parties claim that owners 

and operators are in the best position to 

determine the most appropriate method 

of installing, operating and maintaining 

engines in the field and have more 

experience in doing so than engine 

manufacturers, and that operation and 

maintenance provisions in manufacturer 

manuals are often too stringent and 

inflexible to be required in binding 

regulations. 

Based on the comments and 

information received during and after 

the rulemakings for both the CI and SI 

NSPS, EPA believes it is not appropriate 

to require owners and operators to 

follow manufacturer operation and 

maintenance procedures without 

allowing alternative options for owners 

and operators. Therefore, we are 

proposing to revise the regulations to 

allow owners and operators to develop 

their own operation and maintenance 

plans as an alternative to following 

manufacturer operation and 

maintenance procedures. However, if an 

owner/operator decides to take this 

approach, EPA will need greater 

assurance that the engine is meeting 

emission requirements. Thus, owner/ 

operators using this approach will 

generally be subject to further testing of 

their engines and will be required to 

keep maintenance plans and records. 

EPA will consider such engines to be 

operating in a non-certified manner. 

Engines greater than 500 HP will be 

required to conduct a performance test 

within 1 year of startup (or within 1 

year of changing the manufacturer’s 

recommended configuration or settings 

for the engine) to demonstrate 

compliance with the emission 

standards, and will also have to conduct 

subsequent performance testing every 

8,760 hours or 3 years (whichever 

comes first) thereafter. These engines 

will in addition be required to keep a 

maintenance plan and records of 

conducted maintenance. 

Engines greater than or equal to 100 

HP and less than or equal to 500 HP will 

be required to conduct a performance 

test within 1 year of startup (or within 

1 year of changing the manufacturer’s 

recommended configuration or settings 

for the engine) to demonstrate 

compliance with the emission standards 

and will in addition be required to keep 

a maintenance plan and records of 

conducted maintenance. Engines below 

100 HP operating in a non-certified 

manner will not have to conduct further 

performance testing, but are required to 

keep a maintenance plan and records. 

Owners and operators will also have 

the ability to adjust engine settings 

outside of manufacturer settings as long 

as they ensure the engines comply with 

the standards at those settings with a 

performance test. 

Parties also noted that the operation 

and maintenance requirements 

extended beyond emission-related 

operation and maintenance and 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
32616 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

extended to operation and maintenance 

of all aspects of the engine, which the 

parties believed should be beyond the 

scope of the regulation. EPA agrees that 

the operation and maintenance 

requirements of the NSPS should be 

restricted to emission-related operation 

and maintenance, and is proposing to 

revise the regulations accordingly. 

Finally, one party has reported that 

owners and operators of engines in 

marine locations often need to use 

engines that meet the marine nonroad 

engine standards, but that the current 

NSPS requires the engine, if the engine 

is on a stationary platform rather than 

a ship, to meet the standards for landbased engines, rather than marine 

engines. EPA has not proposed to 

change the current regulation, but 

requests comment on the need for 

stationary engines in marine offshore 

settings to use engines meeting the 

marine engine standards, rather than 

land-based engine standards. Based on 

the comments received, EPA may 

decide to revise this requirement in the 

final rule. 

C. Temporary Replacement Engines 

EPA received comments during and 

after the initial CI NSPS rule and during 

the SI NSPS rule indicating that there 

was some confusion regarding the status 

of temporary engines (i.e., generally 

engines in one location for less than 1 

year) under EPA’s regulations. Further, 

there was concern that for those 

temporary engines that were considered 

stationary under the definitions of 

stationary and nonroad engine, because 

they replaced other stationary engines 

during periods when the main engines 

were off-line (e.g., for maintenance 

work), owners and operators of major 

sources would have little or no ability 

to oversee the operations of these 

temporary engines, as they were 

generally owned and maintained by 

other entities. 

EPA notes that except for certain 

instances (e.g., engines at seasonal 

sources or engines that replace 

stationary engines at a site), engines in 

one location for less than 1 year are 

generally considered to be mobile 

nonroad engines under EPA’s regulatory 

definitions of nonroad engine and 

stationary engine, and, therefore, the 

NSPS and other regulations applicable 

to stationary engines are not applicable 

to such engines. Examples of such 

nonroad engines are engines that are 

brought to a major source stationary 

source for less than 1 year for purposes 

of general maintenance or construction. 

Portable engines that replace existing 

stationary engines on a temporary basis 

are considered stationary engines. This 

provision allows the permitting 

authority to count the emissions of the 

temporary unit in the emissions from 

the stationary source, as it would for the 

permanent unit. This prevents sources 

from avoiding the counting of such 

units in its projected or actual 

emissions. EPA agrees with comments 

that with regard to temporary 

replacement engines, which are 

generally portable and moved from 

place to place, it is most appropriate 

that these engines, though considered 

stationary, should be allowed under the 

NSPS to meet requirements for mobile 

nonroad engines. These sources are not 

under the long-term control (or in many 

cases the short-term control) of the local 

source, and, therefore, it is appropriate 

to hold them to the requirements for 

similar sources that are mobile in 

character. EPA also notes that under the 

pre-existing general provisions for 40 

CFR part 60, the fact that an engine 

moves from place to place does not, by 

the sole basis of that movement, make 

the engine a ‘‘new’’ engine for the 

purposes of the NSPS. 

D. Standards for Engines With 

Displacement Greater Than or Equal to 

30 l/cyl 

In the final NSPS, EPA required 

owners and operators of stationary CI 

ICE with a displacement of greater than 

or equal to 30 l/cyl to reduce NOX

emissions by 90 percent or more, or 

alternatively they had to limit the 

emissions of NOX in the stationary CI 

internal combustion engine exhaust to 

1.6 grams per KW-hour (g/KW-hr) (1.2 

grams per HP-hour (g/HP-hr)). They 

were also required to reduce PM 

emissions by 60 percent or more, or 

alternatively they had to limit the 

emissions of PM in the stationary CI 

internal combustion engine exhaust to 

0.15 g/KW-hr (0.11 g/HP-hr). These 

standards were applicable in all areas, 

including areas in the Pacific (e.g., 

Guam) and rural Alaska that were 

exempted, at least temporarily, from 

using low sulfur fuel. The standards 

were also applicable to all engines in 

this displacement category, whether 

they were used for emergency or nonemergency purposes. 

Following completion of the original 

rule, EPA received comments from 

engine manufacturers stating that the 

standards would be infeasible in areas 

where low sulfur fuel was not used. The 

engine manufacturers recommended 

less stringent standards for areas where 

low sulfur fuel is not required. EPA also 

received later comments indicating that 

the standards were also infeasible for 

engines in areas with access to lower 

sulfur fuel, and that the standards 

should instead be harmonized with the 

IMO standards for similar engines in 

marine vessels. These comments also 

requested that EPA take the same 

approach to emergency engines with 

displacement greater than or equal to 30 

l/cyl as EPA takes for smaller emergency 

engines. For other emergency engines, 

EPA promulgated emission standards 

that do not require the use of 

aftertreatment, given the limited use of 

the engines, the ineffectiveness of the 

aftertreatment during startup, and the 

need for safe, reliable and immediate 

operation of the engine during 

emergencies. The comments state that 

engines of this size have been used as 

emergency generators at nuclear power 

plants in order to assure the safe shutdown of the reactor in case of 

emergency due to their excellent 

performance and reliability. 

Regarding the NOX standard for these 

engines, EPA agrees that it is 

appropriate to adjust the stringency of 

the NOX standard to match the 

worldwide NOX standard approved in 

the IMO’s Annex VI and promulgated by 

EPA for marine engines with 

displacement above 30 l/cyl. While the 

technology required by the existing 

NSPS has been used on other stationary 

engines, EPA realizes the need to 

provide lead time for the technology to 

transfer to the largest of engines. The 

final IMO NOX standard is comparable 

to the existing NSPS NOX standard, but 

provides more leadtime for final 

implementation. Revising the standard 

to match the standard for marine 

engines allows manufacturers to design 

a single type of engine for both uses. 

This standard has been substantially 

reviewed by EPA and other 

governments and has been found to be 

feasible in the time provided. For 

engines installed prior to January 1, 

2012, the standard is proposed to be 

17.0 g/KW-hr (12.7 g/HP-hr) when 

maximum engine speed is less than 130 

revolutions per minute (rpm); 45 · n¥0.2

g/KW–hr (34 · n¥0.2 g/KW-hr) when n 

(maximum engine speed) is 130 or more 

but less than 2,000 rpm; 9.8 g/KW-hr 

(7.3 g/HP-hr) when maximum engine 

speed is 2,000 rpm or more. For engines 

installed after January 1, 2012, we are 

proposing a more stringent standard of 

14.4 g/KW-hr (10.7 g/HP-hr) when 

maximum engine speed is less than 130 

rpm; 44 · n¥0.23 g/KW-hr (33 · n¥0.23 g/ 

KW-hr) where n (maximum engine 

speed) is 130 or more but less than 

2,000 rpm; and 7.7 g/KW-hr (5.7 g/HPhr) where maximum engine speed is 

greater than or equal to 2,000 rpm. For 

engines installed after January 1, 2016, 

we are proposing a more stringent 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32617 

standard that presumes the use of 

aftertreatment. The levels are proposed 

to be 3.4 g/KW-hr (2.5 g/HP-hr) when 

maximum engine speed is less than 130 

rpm; 9.0 · n¥0.20 g/KW-hr (6.7 · n¥0.20

g/KW-hr) where n (maximum engine 

speed) is 130 or more but less than 

2,000 rpm; and 2.0 g/KW-hr (1.5 g/HPhr) where maximum engine speed is 

greater than or equal to 2,000 rpm. 

For engines installed in Pacific island 

areas that are not required to use lower 

sulfur fuel, while EPA believes that SCR 

can be installed on such engines even 

where high sulfur fuel is being used, 

EPA agrees that the use of high sulfur 

fuel, and the presence of other 

impurities in this type of fuel (i.e., 

heavy fuel oil), as well as different 

density and viscosity, make it difficult 

to achieve similar results from SCR as 

would occur with lower sulfur fuel. 

Maintenance of high NOX reduction 

levels is also more difficult when using 

high sulfur fuel. The use of higher sulfur 

heavy fuel oil also increases engine-out 

NOX emissions because of the increased 

levels of contaminants in the fuel. EPA 

also notes that the areas in question do 

not have any significant ozone problem. 

We, therefore, are proposing not to 

require the more stringent standards 

that would otherwise apply beginning 

in 2016 in these areas. 

Similarly, we are proposing not to 

require the more stringent, 

aftertreatment-forcing NOX standards for 

emergency engines with displacement at 

or above 30 l/cyl. As the commenters 

noted, EPA did not require 

aftertreatment-forcing requirements for 

other emergency engines due to the 

limited use of the engines, the 

ineffectiveness of the aftertreatment 

during startup, and the need for safe, 

reliable and immediate operation of the 

engine during emergencies. EPA agrees 

that similar concerns are present for 

emergency engines in this power 

category. 

EPA is also modifying its fuel 

requirements for engines with 

displacement at or above 30 l/cyl. The 

final rule promulgated by EPA for 

marine engines with displacement 

above 30 l/cyl required those engines to 

use fuel meeting a 1,000 ppm sulfur 

level beginning in 2014, and also made 

other revisions to the mobile source fuel 

requirements that will likely have the 

effect of making 1,000 ppm sulfur fuel 

the outlet for diesel fuel that does not 

meet the 15 ppm sulfur standard 

generally required for mobile source 

fuel. Therefore, EPA is revising the fuel 

sulfur standards for stationary CI 

engines with displacement at or above 

30 l/cyl to a 1,000 ppm sulfur level 

beginning in 2014. 

EPA agrees that the numerical 

standards for PM promulgated in the 

final rule would be very difficult, if not 

impossible, to achieve using high sulfur 

fuel. EPA therefore agrees that it is 

appropriate to revise the concentration 

limit for PM for stationary CI ICE with 

a displacement of greater than or equal 

to 30 l/cyl in areas where low sulfur fuel 

is not required. EPA is proposing a 

standard of 0.40 g/KW-hr (0.30 g/HP-hr). 

Given the substantial health concerns 

associated with diesel PM emissions, 

EPA believes it is appropriate to require 

this level for all engines where low 

sulfur fuel is not required. Similarly, we 

are proposing to revise the PM standard 

for emergency engines to 0.40 g/kW-hr 

(0.30 g/HP-hr), for the reasons provided 

above regarding NOX standards for such 

engines. 

EPA is not proposing to change the 

PM standard for non-emergency engines 

in areas where the lower sulfur fuel is 

available. As EPA explained in the 

original NSPS, EPA believes this 

standard is achievable for engines using 

existing technology and low sulfur fuel. 

The substantial health risks associated 

with diesel PM require that these 

stringent standards remain in place. 

E. Requirements for Engines Located in 

Rural Alaska 

In the initial final NSPS, EPA agreed 

to delay the sulfur requirements for 

diesel fuel intended for stationary ICE in 

rural areas of Alaska not accessible by 

the FAHS (‘‘rural Alaska’’) until 

December 1, 2010, except that any 2011 

model year and later stationary CI 

engines operating in rural Alaska prior 

to December 1, 2010, would be required 

to meet the 15 parts per million (ppm) 

sulfur requirement for diesel fuel. This 

approach was consistent with the 

approach that was used for nonroad and 

highway engines in rural Alaska. EPA 

also included a special section in the 

final rule that specified that until 

December 1, 2010, owners and operators 

of stationary CI engines located in 

Alaska should refer to 40 CFR part 69 

to determine the diesel fuel 

requirements applicable to such 

engines. 

In addition, the final regulations 

included language that allows Alaska to 

submit for EPA approval through 

rulemaking process an alternative plan 

for implementing the requirements of 

this regulation for public-sector 

electrical utilities located in rural areas 

of Alaska not accessible by the FAHS. 

The alternative plan must be based on 

the requirements of section 111 of the 

CAA including any increased risks to 

human health and the environment and 

must also be based on the unique 

circumstances related to remote power 

generation, climatic conditions, and 

serious economic impacts resulting from 

implementation of the final NSPS. 

EPA also included an option in the 

final rule for owners and operators of 

pre-2011 model year engines located in 

remote areas of Alaska to petition the 

Administrator to use any fuels mixed 

with used oil that do not meet the fuel 

requirements in § 60.4207 of the final 

rule beyond the required fuel deadlines. 

The owner or operator must show that 

there is no other place to burn the used 

oil. Each petition, if approved, is valid 

for a period of up to 6 months. 

EPA communicated with officials 

from the State of Alaska on several 

occasions following the promulgation of 

the final rule, and gave the State of 

Alaska an extension from the original 

deadline of January 11, 2008, to provide 

its alternative plan for rural Alaska to 

EPA. On October 31, 2008, EPA 

received Alaska’s request for several 

revisions to the NSPS as it pertains to 

engines located in the rural part of 

Alaska not served by the FAHS. 

In particular, the State of Alaska 

requested the following: 

• Allow NSPS owner-operator 

requirements to apply only to model 

year 2011 and later engines. 

• Maintain a December 1, 2010 

deadline for transition of regulated 

engines to ULSD. 

• Authorize continued use of single 

circuit jacketwater marine diesel 

engines for prime power applications. 

• Remove limitations on using fuels 

mixed with used lubricating oil that do 

not meet the fuel requirements of 40 

CFR part 60, subpart IIII. 

• Review emission control design 

requirements needed to meet new NSPS 

emission standards, including the 

possibility of removing or delaying 

emissions standards requiring advanced 

exhaust gas emissions aftertreatment 

technologies until the technology is 

proven for remote and arctic 

applications. 

EPA agrees that the circumstances in 

rural Alaska require special rules. EPA 

is, therefore, proposing several 

amendments for engines used in rural 

Alaska: 

1. Exempting all pre-2011 model year 

engines from diesel fuel sulfur 

requirements; 

2. Allowing owners and operators of 

stationary CI engines located in rural 

areas of Alaska to use engines certified 

to marine engine standards, rather than 

land-based nonroad engine standards; 

3. Removing requirements to use 

aftertreatment devices for NOX, in 

particular, SCR, for engines used in 

rural Alaska. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
32618 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

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 

EPA has less ability to enforce such an approach 

for mobile sources, where EPA does not regulate the 

owner or operator directly. 

In proposing these revisions, EPA 

notes the following information 

provided by the State of Alaska. In 

general, the State notes that over 180 

rural communities in Alaska that are not 

accessible by the FAHS rely on diesel 

engines and fuel for electricity. These 

communities are scattered over long 

distances in remote areas and are not 

connected to population centers by road 

or power grid. These communities are 

located in the most severe arctic 

environments in the United States. 

Regarding the request that owners and 

operator requirements apply only to 

model year 2011 and later engines, the 

State of Alaska focused on two 

particular requirements for pre-2011 

engines: the requirement that pre-2011 

engines that are manufactured after 

April 1, 2006 use ULSD beginning on 

December 1, 2010; and the requirement 

that after December 31, 2008, owners 

and operators may not install engines 

that do not meet the applicable 

requirements for 2007 model year 

engines. 

The State of Alaska noted that Alaska 

village power plants are typically 

operated by a single part-time operator 

with an alternate, that there is a high 

rate of turnover among plant operators, 

and that operators have limited training, 

expertise or resources. The State of 

Alaska notes that pre-2011 engines will 

all be fueled, prior to December 1, 2011, 

with the same fuel. The State of Alaska 

believes that it would greatly simplify 

operations to coordinate the fuel 

requirements with the introduction of 

2011 model year engines, rather than 

retroactively requiring some, but not all, 

earlier engines to meet the fuel 

requirements. It would also facilitate the 

smoother transition to ULSD fuel, rather 

than requiring numerous engines to all 

meet the requirements at the same time. 

The State of Alaska noted that there is 

no technological requirement for premodel year 2011 engines to use 

aftertreatment, and thus no 

technological need to use ULSD. EPA 

agrees that the requested revision will 

reduce the complexity of the regulations 

and that ULSD is not technologically 

necessary prior to model year 2011. EPA 

also notes that the requirement to use 

ULSD for 2011 and later model year 

engines will eventually lead to a 

complete turnover of the fuel used in 

the remote villages. Therefore, EPA is 

proposing this revision. 

The State of Alaska notes that the 

planning, construction and operation of 

engines in rural Alaska is complex. The 

timeframe for these projects, which are 

coordinated among several 

governmental entities, typically exceeds 

3 years. The State of Alaska notes that 

several projects that were designed and 

funded based on pre-2007 model year 

engines will not be installed prior to 

December 31, 2008. Therefore, the State 

of Alaska requests that the deadline be 

moved to December 2010. While EPA 

understands that some extra time may 

be needed to allow for these pre-existing 

projects to go forward with pre-2007 

engines, EPA does not believe the State 

of Alaska has justified a 2-year 

extension, beyond the 2 years already 

provided in the regulations. However, 

EPA believes that a 1-year extension 

would be appropriate. EPA is, therefore, 

proposing a 1-year extension for owners 

and operators in rural Alaska to install 

pre-2007 model year engines. 

Regarding its request for continued 

use of single circuit jacketwater marine 

diesel engines for prime power 

applications, the State of Alaska notes 

that rural villages in Alaska use 

combined heat and power cogeneration 

plants, which are vital to their economy, 

given the high cost of fuel and the 

substantial need for heat in that climate. 

Heat recovery systems are used with 

diesel engines in rural communities to 

provide heat to community facilities 

and schools. Marine-jacketed diesel 

engines are used wherever possible 

because of their superior heat recovery 

and thermal efficiency. The State of 

Alaska has noticed great reductions in 

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

reductions in fuel efficiency will lead to 

greater fuel use and greater emissions 

from burning extra heating oil. EPA 

agrees with the State that there are 

significant benefits from using marine 

engines, and is proposing a revision that 

will allow engines in rural Alaska to use 

marine-certified engines. However, as 

the State of Alaska notes, 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, EPA is proposing 

to require that owners and operators of 

engines manufactured in model years 

that would otherwise be certified to Tier 

4 PM standards (e.g., model years 2011 

and later for engines greater than or 

equal to 130 KW (175 HP) and less than 

or equal to 560 KW (750 HP)) must 

either be certified to Tier 4 standards 

(whether land-based nonroad or marine) 

or must install PM reduction 

technologies on their engines to achieve 

at least 85 percent reduction in PM. 

Regarding the issue of using 

aftertreatment technologies that the 

State of Alaska says has not been tested 

in remote arctic climates, EPA notes that 

the State of Alaska is particularly 

concerned with NOX standards that 

would likely entail the use of SCR in 

rural Alaska. NOX reductions are 

particularly important in areas where 

ozone is a concern, because NOX is a 

precursor to ozone. However, the State 

of Alaska, and rural Alaska in 

particular, does not have any significant 

ozone problems. Moreover, the use of 

SCR entails the supply, storage and use 

of a chemical reductant, usually urea, 

that needs to be used properly in order 

to achieve the expected emissions 

reductions, and that may have 

additional operational problems in 

remote arctic climates. As noted above, 

these villages are not accessible by the 

Federal Aid Highway System and are 

scattered over long distances in remote 

areas and are not connected to 

population centers by road or power 

grid. They are located in the most severe 

arctic environments in the United States 

and they rely on stationary diesel 

engines and fuel for electricity and 

heating, and these engines need to be in 

working condition, particularly in the 

winter. While the availability of 

reductant is not a problem in the areas 

on the highway system, its availability 

in remote villages, particularly in the 

early years of the Tier 4 program, may 

be an issue, which is notable given the 

importance of the stationary engines in 

these villages. Furthermore, the costs for 

the acquisition, storage and handling of 

the chemical reductant would be greater 

than for engines located elsewhere in 

the United States due to the remote 

location and severe arctic climate of the 

villages. In order to maintain proper 

availability of the chemical reductant 

during the harsh winter months, new 

heated storage vessels may be needed at 

each engine facility, further increasing 

the compliance costs for these remote 

villages. Given the issues that would 

need to be addressed if SCR were 

required, and the associated costs of this 

technology when analyzed under NSPS 

guidelines, EPA understands the State 

of Alaska’s argument that it is 

inappropriate to require such standards 

for stationary engines in rural Alaska.1

Therefore, EPA is proposing not to 

require owners and operators of new 

stationary engines to meet the Tier 4 

standards for NOX in these areas and is 

soliciting comment on this decision. 

However, owners and operators of 2011 

and later model year engines that do not 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32619 

meet the Tier 4 PM standards would be 

required to use PM aftertreatment, as 

discussed above. The use of PM 

aftertreatment will also achieve 

reductions in CO and hydrocarbons. 

Finally, regarding allowing owners 

and operators to blend up to 1.75 

percent used oil into the fuel system, 

the State notes that there are no 

permitted used oil disposal facilities in 

rural Alaskan communities. The State 

believes that it has developed a costeffective and reliable used-oil blending 

system that is currently being used in 

many rural Alaskan communities, 

disposing of the oil in an 

environmentally beneficial manner and 

capturing the energy content of the used 

oil. The absence of allowable blending 

would, according to the State, 

necessitate the shipping out of the used 

oil and would risk improper disposal 

and storage, as well as spills. 

According to the State, blending 

waste oil at 1.75 percent or less will 

keep the fuel within American Society 

for Testing and Materials (ASTM) 

specifications if the sulfur content of the 

waste oil is below 200 ppm. The State 

acknowledges the need for engines 

equipped with aftertreatment devices to 

use fuel meeting the sulfur 

requirements. 

EPA agrees that the limited blending 

of used oil into the diesel fuel used by 

stationary engines can be an 

environmentally beneficial manner of 

disposing of such oil and may be of 

little to no concern when kept within 

appropriate limits. In fact, in EPA’s 

highway diesel regulations (40 CFR 

80.522), we allow for the blending of 

used motor oil into fuel burned in 

highway engines if the engine was 

certified to the emission standards with 

the addition of the used oil, and if the 

oil is added in a manner consistent with 

the engine certificate. Nevertheless, EPA 

believes that there are certain issues that 

need to be further reviewed if EPA is to 

include in the final rule a provision 

allowing used oil to be mixed with 

diesel fuel in remote areas of Alaska. 

First, while any provision allowing used 

oil to be mixed with diesel fuel would 

need to be carefully circumscribed (e.g., 

the used oil could be no more than 1.75 

percent of mixture and could not have 

a sulfur level above 200 ppm), EPA 

would like to have further information 

on whether, even at such circumscribed 

levels, mixing used oil into the fuel will 

have an effect on the operation or 

maintenance requirements for such 

engines, particularly engines using PM 

aftertreatment, and if so, how such 

changes will be managed by the 

operators. 

Second, on April 29, 2010, EPA 

proposed a set of regulatory actions 

under the CAA that address emissions 

from boilers, process heaters, and 

certain solid waste incinerators. On the 

same day, in a related action under the 

Resource Conservation and Recovery 

Act (RCRA), EPA proposed to define 

which non-hazardous secondary 

materials are ‘‘solid waste’’ for purposes 

of subtitle D (non-hazardous waste) of 

RCRA when burned in a combustion 

unit, since section 129(g)(5) of the CAA 

provides that ‘‘solid waste’’ shall have 

the meaning established by the 

Administrator under RCRA. Under the 

proposed solid waste rule, used oil that 

does not meet the on-specification (‘‘onspec’’) levels and properties of 40 CFR 

279.11 (‘‘off-spec used oil’’) would be 

considered a solid waste, unless it is 

processed to meet the on-spec used oil 

limits specified in 40 CFR 279.11, and 

a combustion unit that burns off-spec 

used oil would be a solid waste 

incineration unit and would be subject 

to emission standards under section 129 

of the CAA. 

Due to these issues, EPA believes that 

it would not be appropriate at this time 

to propose to allow the blending of used 

oil for stationary diesel engines under 

the NSPS. EPA solicits comment on 

whether to allow the blending of used 

oil into diesel fuel under the NSPS in 

rural areas of Alaska. 

F. Reconstruction 

EPA is proposing to add a definition 

for ‘‘reconstruct’’ that is specific for the 

NSPS for stationary CI ICE and 

stationary SI ICE. EPA is also proposing 

to add provisions to the NSPS that 

require reconstructed engines to meet 

the emission standards for the model 

year in which the reconstruction occurs 

if the reconstructed engine meets any of 

the following criteria: 

• The crankshaft is removed as part of 

the reconstruction; or 

• The fixed capital cost of the new 

and refurbished components exceeds 50 

percent of the fixed capital cost of a 

comparable new engine; or 

• The serial number of the engine is 

removed as part of the reconstruction; or 

• The reconstructed engine consists 

of a previously used engine block with 

all new components. 

The proposed rule also clarifies that the 

provisions for modified and 

reconstructed engines apply to anyone 

who modifies or reconstructs an engine, 

including engine owners/operators, 

engine manufacturers, and anyone else. 

The proposed rule also adds additional 

clarification regarding what standards 

are applicable for modified or 

reconstructed engines. 

G. Minor Corrections and Revisions 

EPA is proposing several minor 

revisions in this rule to correct mistakes 

in the initial rule or to clarify the rule. 

The revisions being proposed are listed 

below: 

• Replacing the term ‘‘useful life’’ 

with ‘‘certified emissions life,’’ for 

purposes of clarity; 

• Revising Table 3 in the in 40 CFR 

part 60, subpart IIII to account for a 

mistake in how Table 3 characterized 

the certification requirements for high 

speed fire pump engines in the initial 

final rule; 

• Revising the definition of 

‘‘emergency stationary internal 

combustion engine,’’ and the allowance 

for maintenance checks and readiness 

testing for such engines, to be consistent 

with the provisions promulgated in the 

recently completed requirements for 

existing stationary engines in 40 CFR 

part 63, subpart ZZZZ; 

• Revising the requirement for 

emergency engines to install 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 EPA’s 

requirement that all owners and 

operators of new sources must meet the 

deadlines for installation of compliant 

stationary engines; 

• Revising certain provisions of the 

NSPS for stationary SI engines, 

particularly concerning definitions and 

compliance by owners and operators of 

such engines, to ensure consistency 

where appropriate for the regulation of 

stationary ICE; and 

• Adding a definition of ‘‘installed’’ to 

provide clarity to the provisions 

regarding installing engines produced in 

previous model years. 

III. Summary of Environmental, Energy 

and Economic Impacts 

A. What are the air quality impacts? 

The proposed rule would reduce NOX

emissions from stationary CI ICE 

between 10 and 30 l/cyl by an estimated 

300 tpy, PM emissions by about 8 tpy, 

and NMHC emissions by about 4 tpy, in 

the year 2018. EPA estimated emissions 

reductions for the year 2018 because the 

year 2018 is the first year the emission 

standards would be fully implemented 

for stationary CI engines between 10 and 

30 l/cyl. In the year 2030, the proposed 

rule would reduce NOX emissions from 

stationary CI ICE between 10 and 30 l/ 

cyl by an estimated 1,100 tpy, PM 

emissions by about 38 tpy, and NMHC 

emissions by about 18 tpy. Emissions 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
32620 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

reductions were estimated for the year 

2030 to provide an estimate of what the 

reductions would be once there has 

been substantial turnover in the engine 

fleet. EPA expects very few stationary CI 

ICE with a displacement of 30 l/cyl or 

more to be installed per year, and no 

emissions or emissions reductions have 

been estimated for these engines. 

B. What are the cost impacts? 

The total costs of the proposed rule 

are mostly based on the cost associated 

with purchasing and installing controls 

on non-emergency stationary CI ICE. 

The costs of aftertreatment were based 

on information developed for CI marine 

engines. Further information on how 

EPA estimated the total costs of the 

proposed rule can be found in a 

memorandum included in the docket 

(Docket ID. No. EPA–HQ–OAR–2010– 

0295). 

The total national capital cost for the 

proposed rule is estimated to be 

approximately $236,000 in the year 

2018, with a total national annual cost 

of $142,000 in the year 2018. The year 

2018 is the first year the emission 

standards would be fully implemented 

for stationary CI engines between 10 and 

30 l/cyl. The total national capital cost 

for the proposed rule in the year 2030 

is $235,000, with a total national annual 

cost of $711,000. 

C. What are the economic impacts? 

EPA expects that there will be less 

than a 0.03 percent increase in price and 

a similar decrease in product demand 

associated with this proposal for 

producers and consumers in 2018. For 

more information, please refer to the 

economic impact analysis for this 

rulemaking in the docket. 

D. What are the non-air health, 

environmental and energy impacts? 

EPA does not anticipate any 

significant non-air health, 

environmental or energy impacts as a 

result of this proposed rule. 

IV. Solicitation of Comments and Public 

Participation 

EPA seeks full public participation in 

arriving at its final decisions, and 

strongly encourages comments on all 

aspects of this proposed rule from all 

interested parties. Whenever applicable, 

full supporting data and detailed 

analysis should be submitted to allow 

EPA to make maximum use of the 

comments. The Agency invites all 

parties to coordinate their data 

collection activities with EPA to 

facilitate mutually beneficial and cost 

effective data submissions. A redline/ 

strikeout version of the complete 

standards of performance for stationary 

compression ignition engines and for 

stationary spark ignition engines which 

shows the changes that are being 

proposed in this action is available from 

the rulemaking docket. 

EPA is seeking specific comment on 

the appropriate test method for 

measuring PM emissions from 

stationary engines with a displacement 

greater than or equal to 30 l/cyl. 

Currently, the NSPS for stationary CI 

engines requires these engines to be 

tested using EPA Method 5, which 

requires the cooling of the engine flue 

gas to 120 degrees C (248 degrees F). In 

a letter from the Engine Manufacturers 

Association (EMA) to EPA dated 

December 4, 2008 (see docket number 

EPA–HQ–OAR–2010–0295), EMA stated 

that cooling the flue gas for large 

stationary engines to the filter holder 

temperature required by EPA Method 5 

will result in measurement results that 

are non-reproducible. The letter stated 

that the condensation of semi-volatile 

organic components from the exhaust 

gas on the cold surfaces needed to cool 

the gas will lead to results that are not 

repeatable. The letter from EMA 

recommended that engine owners and 

operators be allowed to use EPA Method 

17 or EPA Method 5B in lieu of EPA 

Method 5. EPA does not believe that the 

use of EPA Method 5 will lead to nonreproducible results because the 

particulate deposited on the internal 

walls of the sampling probe are 

recovered for weighing; the recovery 

and inclusion of the particulate 

deposited in the probe addresses the 

issue of variations in the deposition 

location of the condensed semi-volatile 

compounds. EPA seeks comment on 

whether EPA Method 5 is the 

appropriate test method for stationary CI 

engines with a displacement greater 

than or equal to 30 l/cyl, and any data 

to support the claim that the use of 

Method 5 to test these engines results in 

large uncertainties and nonreproducible emissions data. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the EO. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

action does not impose an information 

collection burden because the Agency is 

not requiring any additional 

recordkeeping, reporting, notification or 

other requirements in this proposed 

rule. The changes being proposed in this 

action do not affect information 

collection, but include revisions to 

emission standards and other minor 

issues. However, the Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing regulations (40 CFR part 60 

subpart A) under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. and has assigned OMB 

control number 2060–0590. The OMB 

control numbers for EPA’s regulations 

in 40 CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this proposed rule on small entities, 

small entity is defined as: (1) A small 

business as defined by the Small 

Business Administration’s (SBA) 

regulations at 13 CFR 121.201; (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and 

(3) a small organization that is any notfor-profit enterprise which is 

independently owned and operated and 

is not dominant in its field. The 

companies owning facilities with 

affected stationary ICE can be grouped 

into small and large categories using 

Small Business Administration (SBA) 

general size standard definitions. Size 

standards are based on industry 

classification codes (i.e., North 

American Industrial Classification 

System, or NAICS) that each company 

uses to identify the industry or 

industries in which they operate in. The 

SBA defines a small business in terms 

of the maximum employment, annual 

sales, or annual energy-generating 

capacity (for electricity generating 

units—EGUs) of the owning entity. 

These thresholds vary by industry and 

are evaluated based on the primary 

industry classification of the affected 

companies. In cases where companies 

are classified by multiple NAICS codes, 

the most conservative SBA definition 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32621 

(i.e., the NAICS code with the highest 

employee or revenue size standard) was 

used. 

In addition, for the electric power 

generation industry, the small business 

size standard is an ultimate parent 

entity defined as having a total electric 

output of 4 million megawatt-hours 

(MW-hr) in the previous fiscal year. The 

specific SBA size standard is identified 

for each affected industry within the 

economic impact analysis for the 

proposal. In this case, we presume the 

affected engines will all be located in 

the electric power generation industry. 

After considering the economic 

impacts of this proposed rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities 

(SISNOSE). We estimate that only one 

small entity is expected to incur costs 

associated with this proposed rule, and 

the annualized costs are less than 0.02 

percent of their sales. Hence, we 

conclude that there is no SISNOSE for 

this rule. 

For more information on the small 

entity impacts associated with the 

proposed rule, please refer to the 

Economic Impact Analysis in the public 

docket. Although the proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities, EPA nonetheless tried to reduce 

the impact of the proposed rule on small 

entities. When developing the revised 

standards, EPA took special steps to 

ensure that the burdens imposed on 

small entities were minimal. EPA 

conducted several meetings with 

industry trade associations to discuss 

regulatory options and the 

corresponding burden on industry, such 

as recordkeeping and reporting. The 

proposed rule requires the minimum 

level of testing, monitoring, 

recordkeeping, and reporting to affected 

stationary ICE sources necessary to 

ensure compliance. We continue to be 

interested in the potential impacts of the 

proposed rule on small entities and 

welcome comments on issues related to 

such impacts. 

D. Unfunded Mandates Reform Act of 

1995 

This rule does not contain a Federal 

mandate that may result in expenditures 

of $100 million or more for State, local, 

and Tribal governments, in the 

aggregate, or the private sector in any 1 

year. Only minimal changes are being 

proposed by the Agency in this action 

and where compliance costs are 

incurred, only a nominal number of 

stationary CI engines will experience a 

compliance cost expense. Thus, this 

rule is not subject to the requirements 

of sections 202 or 205 of UMRA. 

This rule is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. The 

changes being proposed in this action 

by the Agency are minimal and mostly 

affect stationary CI engine manufactures 

and will not affect small governments. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This proposed 

action primarily affects private industry, 

and does not impose significant 

economic costs on State or local 

governments. Thus, Executive Order 

13132 does not apply to this action. In 

the spirit of Executive Order 13132, and 

consistent with EPA policy to promote 

communications between EPA and State 

and local governments, EPA specifically 

solicits comment on this proposed 

action from State and local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed rule does not have 

Tribal implications, as specified in 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). It will not have 

substantial direct effects on Tribal 

governments, on the relationship 

between the Federal government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian Tribes, 

as specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this proposed rule. EPA 

specifically solicits additional comment 

on this proposed action from Tribal 

officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that are based on health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This proposed rule is not 

subject to Executive Order 13045 

because it is based solely on technology 

performance. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

Feb. 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. The changes the 

Agency is proposing in this action will 

reduce emissions from certain stationary 

CI engines, which were previously not 

controlled as stringently as now. Other 

changes the Agency is proposing to 

make have minimal effect on emissions. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
32622 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

List of Subjects 

40 CFR Part 60 

Administrative practice and 

procedure, Air pollution control, 

Incorporation by reference, 

Intergovernmental relations, Particulate 

matter, Reporting and recordkeeping. 

40 CFR Part 1039 

Administrative practice and 

procedure, Air pollution control. 

40 CFR Part 1042 

Administrative practice and 

procedure, Air pollution control. 

40 CFR Part 1065 

Administrative practice and 

procedure, Air pollution control, 

Reporting and recordkeeping 

requirements, Research. 

40 CFR Part 1068 

Administrative practice and 

procedure, Air pollution control, 

Imports, Motor vehicle pollution, 

Penalties, reporting and recordkeeping 

requirements, Warranties. 

Dated: May 21, 2010. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is proposed to be 

amended as follows: 

PART 60—[AMENDED] 

1. The authority citation for part 60 

continues to read as follows: 

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

Subpart IIII—[AMENDED] 

2. Section 60.4200 is amended by 

revising paragraph (a) and adding 

paragraph (e) to read as follows: 

§ 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 internal combustion engines that 

are acting as temporary replacement 

units and that are located at a stationary 

source for less than 1 year and that have 

been properly certified as meeting the 

standards that would be applicable to 

such engine under the appropriate 

nonroad engine provisions, are not 

required to meet any other provisions 

under this subpart with regard to such 

engines. 

3. Section 60.4201 is amended by 

revising paragraph (d) and adding 

paragraphs (e) and (f) to read as follows: 

§ 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, 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 (e) of this 

section, stationary CI internal 

combustion engine manufacturers are 

not required to certify reconstructed 

engines; however they may elect to do 

so. The reconstructed engine must be 

certified to the emission standards 

specified in paragraphs (a) through (e) of 

this section that are applicable to the 

model year, maximum engine power, 

and displacement of the reconstructed 

stationary CI ICE. 

4. Section 60.4202 is amended by 

removing and reserving paragraph (c) 

and adding paragraphs (e) through (g) to 

read as follows: 

§ 60.4202 What emission standards must I 

meet for emergency engines if I am a 

stationary CI internal combustion engine 

manufacturer? 

* * * * * 

(e) Stationary CI internal combustion 

engine manufacturers must certify the 

following emergency stationary CI ICE 

that are not fire pump engines to the 

certification emission standards for new 

marine CI engines in 40 CFR 94.8, as 

applicable, for all pollutants, for the 

same displacement and maximum 

engine power: 

(1) Their 2007 model year through 

2012 emergency stationary CI ICE with 

a displacement of greater than or equal 

to 10 liters per cylinder and less than 30 

liters per cylinder; 

(2) Their 2013 model year emergency 

stationary CI ICE with a maximum 

engine power greater than or equal to 

3,700 KW (4,958 HP) and a 

displacement of greater than or equal to 

10 liters per cylinder and less than 15 

liters per cylinder; and 

(3) Their 2013 model year emergency 

stationary CI ICE with a displacement of 

greater than or equal to 15 liters per 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32623 

cylinder and less than 30 liters per 

cylinder. 

(f) Stationary CI internal combustion 

engine manufacturers must certify the 

following emergency stationary CI ICE 

to the certification emission standards 

and other requirements applicable to 

Tier 3 new marine CI engines in 40 CFR 

1042.101, 40 CFR 1042.107, 40 CFR 

1042.115, 40 CFR 1042.120, and 40 CFR 

1042.145, for all pollutants, for the same 

displacement and maximum engine 

power: 

(1) Their 2013 model year emergency 

stationary CI ICE with a maximum 

engine power less than 3,700 KW (4,958 

HP) and a displacement of greater than 

or equal to 10 liters per cylinder and 

less than 15 liters per cylinder; and 

(2) Their 2014 model year and later 

emergency stationary CI ICE with a 

displacement of greater than or equal to 

10 liters per cylinder and less than 30 

liters per cylinder. 

(g) Notwithstanding the requirements 

in paragraphs (a) through (f) of this 

section, stationary CI internal 

combustion engine manufacturers are 

not required to certify reconstructed 

engines; however they may elect to do 

so. The reconstructed engine must be 

certified to the emission standards 

specified in paragraphs (a) through (f) of 

this section that are applicable to the 

model year, maximum engine power 

and displacement of the reconstructed 

emergency stationary CI ICE. 

5. Section 60.4203 is revised to read 

as follows: 

§ 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 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 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 

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 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) 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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
32624 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

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 (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? 

* * * * * 

(d) Beginning January 1, 2014, owners 

and operators of stationary CI ICE 

subject to this subpart with a 

displacement of greater than or equal to 

30 liters per cylinder are not subject to 

the requirements of paragraph (a) of this 

section and must use fuel that meets a 

maximum per-gallon sulfur content of 

1,000 ppm. 

* * * * * 

10. Section 60.4208 is amended by 

revising paragraphs (g) and (h) and 

adding paragraph (i) to read as follows: 

§ 60.4208 What is the deadline for 

importing or installing stationary CI ICE 

produced in the previous model year? 

* * * * * 

(g) After December 31, 2018, owners 

and operators may not install 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 

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 (f) of this 

section: 

(1) Operate and maintain the 

stationary CI internal combustion 

engine and control device according to 

the manufacturer’s emission-related 

written instructions; 

(2) Change only those 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. 

* * * * * 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32625 

(c) * * * The engine must be installed 

and configured according to the 

manufacturer’s emission-related 

specifications, except as permitted in 

paragraph (f) of this section. 

* * * * * 

(e) If you are an owner or operator of 

a modified or reconstructed stationary 

CI internal combustion engine and must 

comply with the emission standards 

specified in § 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. The 

test must be conducted within 60 days 

after the engine commences operation 

after the modification or reconstruction. 

(f) If you own or operate an 

emergency stationary ICE, you must 

operate the engine according to the 

conditions described in paragraphs (f)(1) 

through (4) of this section. 

(1) For owners and operators of 

emergency ICE, any operation other 

than emergency operation, maintenance 

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

year, as permitted in this section, is 

prohibited. 

(2) There is no time limit on the use 

of emergency stationary ICE in 

emergency situations. 

(3) You may operate your emergency 

stationary ICE for the purpose of 

maintenance checks and readiness 

testing, provided that the tests are 

recommended by Federal, State or local 

government, the manufacturer, the 

vendor, or the insurance company 

associated with the engine. Maintenance 

checks and readiness testing of such 

units is limited to 100 hours per year. 

The owner or operator may petition the 

Administrator for approval of additional 

hours to be used for maintenance checks 

and readiness testing, but a petition is 

not required if the owner or operator 

maintains records indicating that 

Federal, State, or local standards require 

maintenance and testing of emergency 

ICE beyond 100 hours per year. 

(4) You may operate your emergency 

stationary ICE up to 50 hours per year 

in non-emergency situations, but those 

50 hours are counted towards the 100 

hours per year provided for 

maintenance and testing. The 50 hours 

per year for non-emergency situations 

cannot be used for peak shaving or to 

generate income for a facility to supply 

power to an electric grid or otherwise 

supply power as part of a financial 

arrangement with another entity; except 

that owners and operators may operate 

the emergency engine for a maximum of 

15 hours per year as part of a demand 

response program if the regional 

transmission organization or equivalent 

balancing authority and transmission 

operator has determined there are 

emergency conditions that could lead to 

a potential electrical blackout, such as 

unusually low frequency, equipment 

overload, capacity or energy deficiency, 

or unacceptable voltage level. The 

engine may not be operated for more 

than 30 minutes prior to the time when 

the emergency condition is expected to 

occur, and the engine operation must be 

terminated immediately after the facility 

is notified that the emergency condition 

is no longer imminent. The 15 hours per 

year of demand response operation are 

counted as part of the 50 hours of 

operation per year provided for nonemergency situations. The supply of 

emergency power to another entity or 

entities pursuant to financial 

arrangement is not limited by this 

paragraph (f)(4), as long as the power 

provided by the financial arrangement is 

limited to emergency power. 

(g) Unless you operate, maintain, 

install and configure your engine and 

control device according to the 

manufacturer’s emission-related written 

instructions and change only those 

emission-related settings that are 

permitted by the manufacturer, you 

must demonstrate compliance as 

follows: 

(1) If you are an owner or operator of 

a stationary CI internal combustion 

engine with maximum engine power 

less than 100 HP, you must keep a 

maintenance plan and records of 

conducted maintenance to demonstrate 

compliance and must, to the extent 

practicable, maintain and operate the 

engine in a manner consistent with good 

air pollution control practice for 

minimizing emissions, but performance 

testing is required only if you do not 

install and configure your engine and 

control device according to the 

manufacturer’s emission-related written 

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

permitted by the manufacturer, in either 

of which case you must conduct an 

initial performance test within 1 year of 

such action. 

(2) If you are an owner or operator of 

a stationary CI internal combustion 

engine greater than or equal to 100 HP 

and less than or equal to 500 HP, you 

must keep a maintenance plan and 

records of conducted maintenance and 

must, to the extent practicable, maintain 

and operate the engine in a manner 

consistent with good air pollution 

control practice for minimizing 

emissions. In addition, you must 

conduct an initial performance test 

within 1 year of engine startup, or 

within 1 year following the change in 

emission-related settings or 

configuration indicated in this 

paragraph (g)(1)(ii), to demonstrate 

compliance. 

(3) If you are an owner or operator of 

a stationary CI internal combustion 

engine greater than 500 HP, you must 

keep a maintenance plan and records of 

conducted maintenance and must, to 

the extent practicable, maintain and 

operate the engine in a manner 

consistent with good air pollution 

control practice for minimizing 

emissions. In addition, you must 

conduct an initial performance test 

within 1 year of engine startup and 

conduct subsequent performance testing 

every 8,760 hours of engine operation or 

3 years, whichever comes first, 

thereafter to demonstrate compliance. 

14. Section 60.4212 is amended by 

revising the introductory text and 

paragraph (a) and adding paragraph (e) 

to read as follows: 

§ 60.4212 What test methods and other 

procedures must I use if I am an owner or 

operator of a stationary CI internal 

combustion engine with a displacement of 

less than 30 liters per cylinder? 

Owners and operators of stationary CI 

ICE with a displacement of less than 30 

liters per cylinder who conduct 

performance tests pursuant to this 

subpart must do so according to 

paragraphs (a) through (e) of this 

section. 

(a) The performance test must be 

conducted according to the in-use 

testing procedures in 40 CFR part 1039, 

subpart F, for stationary CI ICE with a 

displacement of less than 10 liters per 

cylinder, and according to 40 CFR part 

1042, subpart F, for stationary CI ICE 

with a displacement of greater than or 

equal to 10 liters per cylinder and less 

than 30 liters per cylinder. 

* * * * * 

(e) Exhaust emissions from stationary 

CI ICE that are complying with the 

emission standards for new CI engines 

in 40 CFR part 1042 must not exceed the 

NTE standards for the same model year 

and maximum engine power as required 

in 40 CFR 1042.101(c)(i). 

15. Section 60.4215 is amended by 

revising paragraph (a) and adding 

paragraph (c) to read as follows: 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
32626 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

§ 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). 

16. Section 60.4216 is amended by 

revising paragraph (b) and adding 

paragraphs (c) through (e) to read as 

follows: 

§ 60.4216 What requirements must I meet 

for engines used in Alaska? 

* * * * * 

(b) Except as indicated in paragraph 

(c) of this section, manufacturers, 

owners and operators of stationary CI 

engines located in areas of Alaska not 

accessible by the Federal Aid Highway 

System (FAHS) with a displacement of 

less than 10 liters per cylinder may meet 

the requirements of this subpart by 

manufacturing and installing engines 

meeting the requirements of 40 CFR 

parts 94 or 1042, as appropriate, rather 

than the otherwise applicable 

requirements of 40 CFR parts 89 and 

1039. Except as indicated in paragraph 

(c) of this section, the requirements of 

40 CFR parts 94 and 1042 that are 

applicable to manufacturers, owners 

and operators of stationary CI engines 

located in areas of Alaska not accessible 

by the FAHS with a displacement of less 

than 10 liters per cylinder are the same 

as the requirements of 40 CFR parts 94 

and 1042 indicated in this subpart that 

are applicable to manufacturers, owners 

and operators of engines with a 

displacement of greater than or equal to 

10 liters per cylinder and less than 30 

liters per cylinder. 

(c) Stationary CI ICE with a 

displacement of less than 30 liters per 

cylinder that are located in areas of 

Alaska not accessible by the FAHS may 

choose to meet the applicable emission 

standards for emergency engines in 

§ 60.4202 and § 60.4205, and not those 

for non-emergency engines in § 60.4201 

and § 60.4204, except that for all of the 

following engines, the owner or operator 

of any such engine that was not certified 

as meeting Tier 4 PM standards, must 

meet the applicable requirements for 

PM in § 60.4201 and § 60.4204 or install 

a PM emission control device that 

achieves PM emission reductions of 85 

percent compared to engine-out 

emissions: 

(1) Model year 2011 and later model 

year non-emergency engines with a 

maximum engine power greater than or 

equal to 130 KW (175 HP) and less than 

or equal to 560 KW (750 HP); 

(2) Model year 2012 and later model 

year non-emergency engines with a 

maximum engine power greater than or 

equal to 56 KW (75 HP) and less than 

130 KW (175 HP); 

(3) Model year 2013 and later model 

year non-emergency engines with a 

maximum engine power greater than or 

equal to 19 KW (25 HP) and less than 

56 KW (75 HP); 

(4) Model year 2015 and later model 

year non-emergency engines with a 

maximum engine power greater than 

560 KW (750 HP). 

(d) The provisions of § 60.4207 do not 

apply to owners and operators of pre2011 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. 

17. 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. 

18. Section 60.4219 is amended by: 

a. Adding definitions of ‘‘Certified 

emissions life’’ and ‘‘Date of 

manufacture’’ in alphabetical order; 

b. Revising the definition of 

‘‘Emergency stationary internal 

combustion engine’’; 

c. Adding a definition of ‘‘Freshly 

manufactured engine’’ in alphabetical 

order; 

d. Adding a definition of ‘‘Installed’’ 

in alphabetical order; 

e. Revising the definition of ‘‘Model 

year’’; 

f. Adding a definition of ‘‘Reconstruct’’ 

in alphabetical order; 

g. Revising the definition of 

‘‘Stationary internal combustion 

engine’’; and 

h. Removing the definition of ‘‘Useful 

life’’. 

The revisions and additions read as 

follows. 

§ 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). 

* * * * * 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32627 

Date of manufacture means one of the 

following things: 

(1) For freshly manufactured engines 

and modified engines, date of 

manufacture means the date the engine 

is originally produced. 

(2) For reconstructed engines, date of 

manufacture means the date the engine 

was originally produced, except as 

specified in paragraph (3) of this 

definition. 

(3) Reconstructed engines are 

assigned a new date of manufacture if 

the crankshaft is removed as part of the 

reconstruction or if the fixed capital cost 

of the new and refurbished components 

exceeds 75 percent of the fixed capital 

cost of a comparable new engine (see 

the definition of ‘‘reconstruct’’). An 

engine that is produced from a 

previously used engine block does not 

retain the date of manufacture of the 

engine in which the engine block was 

previously used if the engine serial 

number was removed (or the engine 

otherwise loses its identity), or the 

engine is produced using all new 

components except for the engine block. 

In all these cases, the date of 

manufacture is the date of 

reconstruction or the date the new 

engine is produced. 

* * * * * 

Emergency stationary internal 

combustion engine means any stationary 

internal combustion engine whose 

operation is limited to emergency 

situations and required testing and 

maintenance. Examples include 

stationary ICE used to produce power 

for critical networks or equipment 

(including power supplied to portions 

of a facility) when electric power from 

the local utility (or the normal power 

source, if the facility runs on its own 

power production) is interrupted, or 

stationary ICE used to pump water in 

the case of fire or flood, etc. Stationary 

CI ICE used for peak shaving are not 

considered emergency stationary ICE. 

Stationary CI ICE used to supply power 

to an electric grid or that supply nonemergency power as part of a financial 

arrangement with another entity are not 

considered to be emergency engines, 

except as permitted under § 60.4211(e). 

* * * * * 

Freshly manufactured engine means 

an engine that has not been placed into 

service. An engine becomes freshly 

manufactured when it is originally 

produced. Note that this includes an 

engine that is produced using some 

previously used parts if it does not 

retain its original identity. 

Installed means the engine is placed 

and secured at the location where it is 

intended to be operated; piping and 

wiring for exhaust, fuel, controls, etc., is 

installed and all connections are made; 

and the engine is capable of being 

started. 

* * * * * 

Model year means the calendar year 

in which an engine is manufactured (see 

‘‘date of manufacture’’), except as 

follows: 

(1) Model year means the annual new 

model production period of the engine 

manufacturer in which an engine is 

manufactured (see ‘‘date of 

manufacture’’), if the annual new model 

production period is different than the 

calendar year and includes January 1 of 

the calendar year for which the model 

year is named. It may not begin before 

January 2 of the previous calendar year 

and it must end by December 31 of the 

named calendar year. 

(2) For an engine that is converted to 

a stationary engine after being placed 

into service as a nonroad or other nonstationary engine, model year means the 

calendar year or new model production 

period in which the engine was 

manufactured (see ‘‘date of 

manufacture’’). 

* * * * * 

Reconstruct means to replace or 

refurbish components of an existing 

engine to such an extent that the fixed 

capital cost of the new and refurbished 

components exceeds 50 percent of the 

fixed capital cost of a comparable new 

engine. The fixed capital cost of the new 

and refurbished components includes 

the capital cost of each component plus 

the labor cost for the replacement or 

refurbishment. For purposes of 

reconstruction, an existing stationary 

engine is defined as including those 

components mounted to or within the 

cylinder block, the engine housings, and 

engine mounted components, but 

excluding ancillary components such as 

external cooling for fuel supply. 

* * * * * 

Stationary internal combustion engine 

means any internal combustion engine, 

except combustion turbines, that 

converts heat energy into mechanical 

work and is not mobile. Stationary ICE 

differ from mobile ICE in that a 

stationary internal combustion engine is 

not a nonroad engine as defined at 40 

CFR 1068.30 (excluding paragraph 

(2)(ii) of that definition), and is not used 

to propel a motor vehicle, aircraft, or a 

vehicle used solely for competition. 

Stationary ICE include reciprocating 

ICE, rotary ICE, and other ICE, except 

combustion turbines. 

* * * * * 

19. Table 3 to Subpart IIII of Part 60 

is revised to read as follows: 

TABLE 3 TO SUBPART IIII OF PART 60—CERTIFICATION REQUIREMENTS FOR STATIONARY FIRE PUMP ENGINES

[As stated in § 60.4202(d), you must certify new stationary fire pump engines beginning with the following model years] 

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 

1 Manufacturers of fire pump stationary CI ICE with a maximum engine power greater than or equal to 37 KW (50 HP) and less than 450 KW 

(600 HP) and a rated speed of greater than 2,650 revolutions per minute (rpm) are not required to certify such engines until three model years 

following the model year indicated in this Table 3 for engines in the applicable engine power category. 

20. Table 8 to subpart IIII of part 60 

is revised to read as follows: 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
32628 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

TABLE 8 TO SUBPART IIII OF PART 60—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART IIII 

[As stated in § 60.4218, you must comply with the following applicable General Provisions] 

General provisions citation Subject of citation Applies to 

subpart Explanation 

§ 60.1 ................ General applicability of the General Provisions ........ Yes. 

§ 60.2 ................ Definitions .................................................................. Yes Additional terms defined in § 60.4219. 

§ 60.3 ................ Units and abbreviations ............................................. Yes. 

§ 60.4 ................ Address ..................................................................... Yes. 

§ 60.5 ................ Determination of construction or modification ........... Yes. 

§ 60.6 ................ Review of plans ......................................................... Yes. 

§ 60.7 ................ Notification and Record-keeping ............................... Yes Except that § 60.7 only applies as specified in 

§ 60.4214(a). 

§ 60.8 ................ Performance tests ..................................................... Yes § 60.8 only applies to stationary CI ICE in the specific instances, and with the specific timing, that 

performance tests are contemplated under this 

subpart IIII. 

§ 60.9 ................ Availability of information .......................................... Yes. 

§ 60.10 .............. State Authority ........................................................... Yes. 

§ 60.11 .............. Compliance with standards and maintenance requirements.No Requirements are specified in subpart IIII. 

§ 60.12 .............. Circumvention ............................................................ Yes. 

§ 60.13 .............. Monitoring requirements ............................................ Yes Except that § 60.13 only applies to stationary CI 

ICE with a displacement of ≥30 liters per cylinder. 

§ 60.14 .............. Modification ............................................................... Yes. 

§ 60.15(a) .......... Reconstruction ........................................................... Yes. 

§ 60.15(b)–(c) .... Reconstruction ........................................................... No For purposes of this subpart, reconstruct is defined 

in § 60.4219. 

§ 60.15(d)–(g) ... Reconstruction ........................................................... Yes. 

§ 60.16 .............. Priority list .................................................................. Yes. 

§ 60.17 .............. Incorporations by reference ...................................... Yes. 

§ 60.18 .............. General control device requirements ........................ No. 

§ 60.19 .............. General notification and reporting requirements ....... Yes. 

Subpart JJJJ—[Amended] 

21. Section 60.4230 is amended by 

revising paragraphs (a) introductory text 

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

read as follows: 

§ 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 they may elect to do 

so. The reconstructed engine must be 

certified to the emission standards 

specified in paragraphs (a) through (e) of 

this section that are applicable to the 

model year, maximum engine power 

and displacement of the reconstructed 

stationary SI ICE. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32629 

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; 

(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. 

(5) Owners and operators of stationary 

SI landfill/digester gas ICE engines with 

a maximum engine power greater than 

19 KW (25 HP), that are modified or 

reconstructed after June 12, 2006, must 

comply with the same emission 

standards as those specified in 

paragraph (e) of this section for 

stationary landfill/digester gas engines. 

Engines with maximum engine power 

less than 500 HP and a date of 

manufacture prior to July 1, 2008 must 

comply with the emission standards 

specified in paragraph (e) of this section 

for stationary landfill/digester gas ICE 

with a maximum engine power less than 

500 HP manufactured on July 1, 2008. 

Engines with a maximum engine power 

greater than or equal to 500 HP (except 

lean burn engines greater than or equal 

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

a date of manufacture prior to July 1, 

2007 must comply with the emission 

standards specified in paragraph (e) of 

this section for stationary landfill/ 

digester gas ICE with a maximum engine 

power greater than or equal to 500 HP 

(except lean burn engines greater than 

or equal to 500 HP and less than 1,350 

HP) manufactured on July 1, 2007. Lean 

burn engines greater than or equal to 

500 HP and less than 1,350 HP with a 

date of manufacture prior to January 1, 

2008 must comply with the emission 

standards specified in paragraph (e) of 

this section for stationary landfill/ 

digester gas ICE that are lean burn 

engines greater than or equal to 500 HP 

and less than 1,350 HP and 

manufactured on January 1, 2008. 

* * * * * 

24. Section 60.4241 is amended by 

revising the first sentence in paragraph 

(b) to read as follows: 

§ 60.4241 What are my compliance 

requirements if I am a manufacturer of 

stationary SI internal combustion engines 

participating in the voluntary certification 

program? 

* * * * * 

(b) Manufacturers of engines other 

than those certified to standards in 40 

CFR part 90 or 40 CFR part 1054 must 

certify their stationary SI ICE using the 

certification procedures required in 40 

CFR part 1048, subpart C, and must 

follow the same test procedures that 

apply to large SI nonroad engines under 

40 CFR part 1048, but must use the D– 

1 cycle of International Organization of 

Standardization 8178–4: 1996(E) 

(incorporated by reference, see 40 CFR 

60.17) or the test cycle requirements 

specified in Table 3 to 40 CFR 1048.505, 

except that Table 3 of 40 CFR 1048.505 

applies to high load engines only. * * * 

* * * * * 

25. Section 60.4243 is amended by: 

a. Revising paragraph (a) introductory 

text; 

b. Revising paragraph (a)(1); 

c. Revising paragraph (d); and 

d. Adding paragraph (i) to read as 

follows: 

§ 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. 

* * * * * 

(d) If you own or operate an 

emergency stationary ICE, you must 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
32630 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

operate the engine according to the 

conditions described in paragraphs 

(d)(1) through (4) of this section. 

(1) For owners and operators of 

emergency ICE, any operation other 

than emergency operation, maintenance 

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

year, as permitted in this section, is 

prohibited. 

(2) There is no time limit on the use 

of emergency stationary ICE in 

emergency situations. 

(3) You may operate your emergency 

stationary ICE for the purpose of 

maintenance checks and readiness 

testing, provided that the tests are 

recommended by Federal, State or local 

government, the manufacturer, the 

vendor, or the insurance company 

associated with the engine. Maintenance 

checks and readiness testing of such 

units is limited to 100 hours per year. 

The owner or operator may petition the 

Administrator for approval of additional 

hours to be used for maintenance checks 

and readiness testing, but a petition is 

not required if the owner or operator 

maintains records indicating that 

Federal, State, or local standards require 

maintenance and testing of emergency 

ICE beyond 100 hours per year. 

(4) You may operate your emergency 

stationary ICE up to 50 hours per year 

in non-emergency situations, but those 

50 hours are counted towards the 100 

hours per year provided for 

maintenance and testing. The 50 hours 

per year for non-emergency situations 

cannot be used for peak shaving or to 

generate income for a facility to supply 

power to an electric grid or otherwise 

supply power as part of a financial 

arrangement with another entity; except 

that owners and operators may operate 

the emergency engine for a maximum of 

15 hours per year as part of a demand 

response program if the regional 

transmission organization or equivalent 

balancing authority and transmission 

operator has determined there are 

emergency conditions that could lead to 

a potential electrical blackout, such as 

unusually low frequency, equipment 

overload, capacity or energy deficiency, 

or unacceptable voltage level. The 

engine may not be operated for more 

than 30 minutes prior to the time when 

the emergency condition is expected to 

occur, and the engine operation must be 

terminated immediately after the facility 

is notified that the emergency condition 

is no longer imminent. The 15 hours per 

year of demand response operation are 

counted as part of the 50 hours of 

operation per year provided for nonemergency situations. The supply of 

emergency power to another entity or 

entities pursuant to financial 

arrangement is not limited by this 

paragraph (d)(4), as long as the power 

provided by the financial arrangement is 

limited to emergency power. 

* * * * * 

(i) If you are an owner or operator of 

a modified or reconstructed stationary 

SI internal combustion engine and must 

comply with the emission standards 

specified in § 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. 

26. Section 60.4248 is amended by: 

a. Revising the definition of ‘‘Certified 

emissions life’’; 

b. Adding a definition for ‘‘Date of 

manufacture’’ in alphabetical order; 

c. Revising the definition of 

‘‘Emergency stationary internal 

combustion engine’’; 

d. Adding a definition for ‘‘Freshly 

manufactured engine’’ in alphabetical 

order; 

e. Adding a definition for ‘‘Installed’’ 

in alphabetical order; 

f. Revising the definition of ‘‘Model 

year’’; 

g. Adding a definition of 

‘‘Reconstruct’’ in alphabetical order; 

h. Revising the definition of 

‘‘Stationary internal combustion 

engine’’; and 

i. Revising the definition of 

‘‘Stationary internal combustion engine 

test cell/stand’’ to read as follows: 

§ 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: 

(1) 1,000 hours of operation. 

(2) Your recommended overhaul 

interval. 

(3) Your mechanical warranty for the 

engine. 

* * * * * 

Date of manufacture means one of the 

following things: 

(1) For freshly manufactured engines 

and modified engines, date of 

manufacture means the date the engine 

is originally produced. 

(2) For reconstructed engines, date of 

manufacture means the date the engine 

was originally produced, except as 

specified in paragraph (3) of this 

definition. 

(3) Reconstructed engines are 

assigned a new date of manufacture if 

the crankshaft is removed as part of the 

reconstruction or if the fixed capital cost 

of the new and refurbished components 

exceeds 75 percent of the fixed capital 

cost of a comparable new engine (see 

the definition of ‘‘reconstruct’’). An 

engine that is produced from a 

previously used engine block does not 

retain the date of manufacture of the 

engine in which the engine block was 

previously used if the engine serial 

number was removed (or the engine 

otherwise loses its identity), or the 

engine is produced using all new 

components except for the engine block. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32631 

In all these cases, the date of 

manufacture is the date of 

reconstruction or the date the new 

engine is produced. 

* * * * * 

Emergency stationary internal 

combustion engine means any stationary 

internal combustion engine whose 

operation is limited to emergency 

situations and required testing and 

maintenance. Examples include 

stationary ICE used to produce power 

for critical networks or equipment 

(including power supplied to portions 

of a facility) when electric power from 

the local utility (or the normal power 

source, if the facility runs on its own 

power production) is interrupted, or 

stationary ICE used to pump water in 

the case of fire or flood, etc. Stationary 

SI ICE used for peak shaving are not 

considered emergency stationary ICE. 

Stationary SI ICE used to supply power 

to an electric grid or that supply nonemergency power as part of a financial 

arrangement with another entity are not 

considered to be emergency engines, 

except as permitted under § 60.4243(d). 

* * * * * 

Freshly manufactured engine means 

an engine that has not been placed into 

service. An engine becomes freshly 

manufactured when it is originally 

produced. Note that this includes an 

engine that is produced using some 

previously used parts if it does not 

retain its original identity. 

* * * * * 

Installed means the engine is placed 

and secured at the location where it is 

intended to be operated; piping and 

wiring for exhaust, fuel, controls, etc., is 

installed and all connections are made; 

and the engine is capable of being 

started. 

* * * * * 

Model year means the calendar year 

in which an engine is manufactured (see 

‘‘date of manufacture’’), except as 

follows: 

(1) Model year means the annual new 

model production period of the engine 

manufacturer in which an engine is 

manufactured (see ‘‘date of 

manufacture’’), if the annual new model 

production period is different than the 

calendar year and includes January 1 of 

the calendar year for which the model 

year is named. It may not begin before 

January 2 of the previous calendar year 

and it must end by December 31 of the 

named calendar year. 

(2) For an engine that is converted to 

a stationary engine after being placed 

into service as a nonroad or other nonstationary engine, model year means the 

calendar year or new model production 

period in which the engine was 

manufactured (see ‘‘date of 

manufacture’’). 

* * * * * 

Reconstruct means to replace or 

refurbish components of an existing 

engine to such an extent that the fixed 

capital cost of the new and refurbished 

components exceeds 50 percent of the 

fixed capital cost of a comparable new 

engine. The fixed capital cost of the new 

and refurbished components includes 

the capital cost of each component plus 

the labor cost for the replacement or 

refurbishment. For purposes of 

reconstruction, an existing stationary 

engine is defined as including those 

components mounted to or within the 

cylinder block, the engine housings, and 

engine mounted components, but 

excluding ancillary components such as 

external cooling for fuel supply. 

* * * * * 

Stationary internal combustion engine 

means any internal combustion engine, 

except combustion turbines, that 

converts heat energy into mechanical 

work and is not mobile. Stationary ICE 

differ from mobile ICE in that a 

stationary internal combustion engine is 

not a nonroad engine as defined at 40 

CFR 1068.30 (excluding paragraph 

(2)(ii) of that definition), and is not used 

to propel a motor vehicle, aircraft, or a 

vehicle used solely for competition. 

Stationary ICE include reciprocating 

ICE, rotary ICE, and other ICE, except 

combustion turbines. 

Stationary internal combustion engine 

test cell/stand means an engine test cell/ 

stand, as defined in 40 CFR part 63 

subpart PPPPP, that tests stationary ICE. 

* * * * * 

27. Table 2 to Subpart JJJJ of Part 60 

is revised to read as follows: 

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

[As stated in § 60.4244, you must comply with the following requirements for performance tests within 10 percent of 100 percent peak (or the 

highest achievable) load:] 

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; 

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

the sampling port location; 

(1) Method 1 or 1A of 40 

CFR part 60, Appendix 

A or ASTM Method 

D6522–00(2005) a.

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

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. 

(b) Measurements to determine O2 concentration 

must be made at the 

same time as the measurements for NOX concentration. 

iii. 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. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
32632 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

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

[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:] 

For each Complying with the 

requirement to You must Using According to the following requirements 

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. 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. 

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. 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. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32633 

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

[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:] 

For each Complying with the 

requirement to You must Using According to the following requirements 

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. 

28. Table 3 to Subpart JJJJ of Part 60 

is revised to read as follows: 

TABLE 3 TO SUBPART JJJJ OF PART 60—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART JJJJ 

[As stated in § 60.4246, you must comply with the following applicable General Provisions] 

General provisions citation Subject of citation Applies to subpart Explanation 

§ 60.1 ....................................................... General applicability of the General Provisions.Yes.

§ 60.2 ....................................................... Definitions .............................................. Yes ................... Additional terms defined in § 60.4248. 

§ 60.3 ....................................................... Units and abbreviations ......................... Yes.

§ 60.4 ....................................................... Address .................................................. Yes.

§ 60.5 ....................................................... Determination of construction or modification.Yes.

§ 60.6 ....................................................... Review of plans ..................................... Yes.

§ 60.7 ....................................................... Notification and Recordkeeping ............. Yes ................... Except that § 60.7 only applies as specified in § 60.4245. 

§ 60.8 ....................................................... Performance tests .................................. Yes ................... Except that § 60.8 only applies to owners and operators who are subject to 

performance testing in subpart JJJJ. 

§ 60.9 ....................................................... Availability of information ....................... Yes.

§ 60.10 ..................................................... State Authority ....................................... Yes.

§ 60.11 ..................................................... Compliance with standards and maintenance requirements.Yes ................... Requirements are specified in subpart 

JJJJ. 

§ 60.12 ..................................................... Circumvention ........................................ Yes.

§ 60.13 ..................................................... Monitoring requirements ........................ No.

§ 60.14 ..................................................... Modification ............................................ Yes.

§ 60.15(a) ................................................. Reconstruction ....................................... Yes.

§ 60.15(b)–(c) .......................................... Reconstruction ....................................... No ..................... For purposes of this subpart, reconstruct is defined in § 60.4248 

§ 60.15(d)–(g) .......................................... Reconstruction ....................................... Yes.

§ 60.16 ..................................................... Priority list .............................................. Yes.

§ 60.17 ..................................................... Incorporations by reference ................... Yes.

§ 60.18 ..................................................... General control device requirements ..... No.

§ 60.19 ..................................................... General notification and reporting requirements.Yes.

PART 1039 —[AMENDED] 

29. The authority citation for part 

1039 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

30. Section 1039.20 is amended by 

revising paragraph (a) introductory text 

and paragraph (c) to read as follows: 

§ 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 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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3
32634 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

89, 94 or 1042, must meet the labeling 

requirements of 40 CFR 60.4210. 

PART 1042 —[AMENDED] 

31. The authority citation for part 

1042 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

32. Section 1042.1 is amended by 

adding paragraph (h) to read as follows: 

§ 1042.1 Applicability 

* * * * * 

(h) Starting with the model years 

noted in Table 1 of this section, all of 

the subparts of this part, except subpart 

I, apply as specified in 40 CFR part 60, 

subpart IIII, to freshly manufactured 

stationary compression-ignition engines 

subject to the standards of 40 CFR part 

60, subpart IIII, that have a per-cylinder 

displacement at or above 10 liters and 

below 30 liters per cylinder. Such 

engines are considered Category 2 

engines for purposes of this part 1042. 

PART 1065—[AMENDED] 

33. The authority citation for part 

1065 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

34. Section 1065.1 is amended by 

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

read as follows: 

§ 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] 

35. The authority citation for part 

1068 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

36. Section 1068.1 is amended by 

revising paragraph (a)(3) to read as 

follows: 

§ 1068.1 Does this part apply to me? 

(a) * * * 

(3) Stationary compression-ignition 

engines certified using the provisions of 

40 CFR parts 1039 or 1042, as indicated 

in 40 CFR part 60, subpart IIII. 

* * * * * 

[FR Doc. 2010–12911 Filed 6–7–10; 8:45 am] 

BILLING CODE 6560–50–P 


emcdonald on DSK2BSOYB1PROD with PROPOSALS3