Standards of Performance for Stationary Spark Ignition Internal Combustion Engines and National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines

[Federal Register: January 18, 2008 (Volume 73, Number 13)]
[Rules and Regulations]
[Page 3567-3614]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja08-10]
[[Page 3568]]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 63, 85, 90, 1048, 1065, and 1068
[EPA-HQ-OAR-2005-0030, FRL-8512-4]
RIN 2060-AM81

Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines and National Emission Standards for Hazardous Air
Pollutants for Reciprocating Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY: EPA is promulgating new source standards of performance for
stationary spark ignition internal combustion engines. EPA is also
promulgating national emission standards for hazardous air pollutants
for new and reconstructed stationary reciprocating internal combustion
engines that either are located at area sources of hazardous air
pollutant emissions or that have a site rating of less than or equal to
500 brake horsepower and are located at major sources of hazardous air
pollutant emissions.

DATES: This final rule is effective on March 18, 2008. The
incorporation by reference of certain publications listed in the final
rule is approved by the Director of the Federal Register as of March
18, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2005-0030. EPA also relies on materials in Docket ID No.
EPA-HQ-OAR-2005-0029 and incorporates that docket into the record for
the final rule. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
http://www.regulations.gov or in hard copy at the EPA Headquarters Library,
Room Number 3334, EPA West Building, 1301 Constitution Ave., NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation will
be 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through
Friday. The telephone number for the Public Reading Room is (202) 566-
1744, and the telephone number for the Air and Radiation Docket and
Information Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Jaime Pagán, Energy
Strategies Group, Sector Policies and Programs Division (D243-01),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number (919) 541-5340; facsimile number (919) 541-
5450; e-mail address pagan.jaime@epa.gov.

SUPPLEMENTARY INFORMATION:
Background Information Document. EPA proposed new source
performance standards (NSPS) for stationary spark ignition internal
combustion engines, and national emission standards for hazardous air
pollutants (NESHAP) for stationary reciprocating internal combustion
engines that either are located at area sources of hazardous air
pollutant emissions or that have a site rating of less than or equal to
500 brake horsepower and are located at major sources of hazardous air
pollutant emissions, on June 12, 2006 (71 FR 33803), and received 46
comment letters on the proposal. A background information document BID)
(``Response to Public Comments on Proposed Standards of Performance for
Stationary Spark Ignition Internal Combustion Engines and National
Emission Standards for Hazardous Air Pollutants for Stationary
Reciprocating Internal Combustion Engines'') containing EPA's responses
to each public comment and the Economic Impact Analysis Report are
available in Docket ID No. EPA-HQ-OAR-2005-0030.
Organization of This Document. The following outline is provided to
aid in locating information in the preamble.

I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document?
C. Judicial Review
D. Why is EPA not promulgating a final decision on existing
stationary reciprocating internal combustion engines?
II. Background
III. Summary of the Final Rule
A. What is the source category regulated by the final rule?
B. What are the pollutants regulated by the final rule?
C. What are the final standards?
D. What are the requirements for sources that are modified or
reconstructed?
E. What are the requirements for demonstrating compliance?
F. What are the reporting and recordkeeping requirements?
IV. Summary of Significant Changes Since Proposal
A. Compliance Dates
B. Distinguishing Sources Based on Size
C. Hydrocarbon Limit
D. Alternative Limits in Concentration Units
E. Emergency Engine Standards
F. Emergency Engine Definition
G. Manufacturer O&M Requirements
H. Streamlined Compliance Requirements
V. Summary of Responses to Major Comments
A. Compliance Dates
B. Final Hydrocarbon Emission Limits
C. Emergency Engine Standards
D. Emergency Engine Definition
E. Manufacturer O&M Requirements
F. Streamlined Compliance Requirements
VI. Summary of Environmental, Energy and Economic Impacts
A. What are the air quality impacts?
B. What are the cost impacts?
C. What are the benefit estimates?
D. What are the economic impacts?
E. What are the non-air health, environmental and energy impacts?
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income Populations.
K. Congressional Review Act

I. General Information

A. Does this action apply to me?

Categories and entities potentially regulated by this action include:

[[Page 3569]]

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Category NAICS \1\ Examples of regulated entities
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Any manufacturer that produces or any 2211...................... Electric power generation, transmission, or
industry using a stationary internal distribution.
combustion engine as defined in the
final rule.
622110.................... Medical and surgical hospitals.
335312.................... Motor and generator manufacturing.
333912.................... Pump and compressor manufacturing.
333992.................... Welding and soldering equipment
manufacturing.
48621..................... Natural gas transmission.
211111.................... Crude petroleum and natural gas production.
211112.................... Natural gas liquids producers.
92811..................... National security.
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\1\ North American Industry Classification System.

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your engine is regulated by this action,
you should examine the applicability criteria of the final rule. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.

B. Where can I get a copy of this document?

In addition to being available in the docket, an electronic copy of
this final action will also be available on the Worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following signature, a
copy of this final action will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information
and technology exchange in various areas of air pollution control.

C. Judicial Review

Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of these final rules is available only by filing a petition for review
in the U.S. Court of Appeals for the District of Columbia Circuit by
September 14, 2007. Under section 307(d)(7)(B) of the CAA, only an
objection to these final rules that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Moreover, under section 307(b)(2) of the CAA, the
requirements established by these final rules may not be challenged
separately in any civil or criminal proceedings brought by EPA to
enforce these requirements.

D. Why is EPA not promulgating a final decision for existing stationary
reciprocating internal combustion engines?

In the notice of proposed rulemaking for this rule, published on
April 12, 2006, EPA proposed maximum achievable control technology
(MACT) and generally available control technology (GACT) standards of
no emission reductions for existing engines. During the comment period
following the proposal, EPA received several comments indicating that
the proposed emission standards for existing engines were not
appropriate. In addition, since the publication of the proposed
rulemaking, the U.S. Court of Appeals for the District of Columbia
Circuit issued a ruling on March 13, 2007 involving litigation on the
Brick MACT, which set emission standards for major sources. (40 CFR
part 63, subpart JJJJJ) that appears to impact EPA's ability to
finalize its proposed ``no reduction'' MACT standards for existing
sources. Sierra Club v. EPA, 479 F.3d 875 (DC Cir 2007). Among other
things, the D.C. Circuit found unlawful EPA's no emission reduction
control floors, which EPA established for categories in which the best
performers used no emission reduction control technology. Because in
the proposed rule EPA used a MACT floor methodology similar to the
methodology used in the Brick MACT, EPA intends to re-evaluate the MACT
floors for existing major sources that have a site rating of less than
or equal to 500 brake horsepower consistent with the Court's decision
in the Brick MACT case. EPA also intends to re-evaluate the standards
for existing area sources in light of the comments received on the
proposed rule.
For these reasons, this final rule does not promulgate any
standards with regards to existing engines. EPA's plan is to engage in
a separate rulemaking process that will focus on existing sources. EPA
intends to gather further information on existing engines and then
promulgate standards that will take into account the comments it has
received, the intervening court decision, and any new information EPA
receives as a part of the rulemaking process. EPA expects to propose
standards early in 2009.

II. Background

This action promulgates new source performance standards (NSPS)
that would apply to new, modified and reconstructed stationary spark
ignition (SI) internal combustion engines (ICE). New source performance
standards implement section 111(b) of the CAA, and are issued for
categories of sources which cause, or contribute significantly to, air
pollution which may reasonably be anticipated to endanger public health
or welfare. The standards apply to new stationary sources of emissions,
i.e., sources whose construction, reconstruction, or modification
begins after a standard for those sources is proposed. The NSPS for
stationary SI ICE is promulgated under 40 CFR part 60, subpart JJJJ.
This action also promulgates national emission standards for
hazardous air pollutants (NESHAP) from new and reconstructed stationary
reciprocating internal combustion engines (RICE) with a site rating of
less than or equal to 500 horsepower (HP) located at major sources, and
new and reconstructed

[[Page 3570]]

stationary RICE located at area sources. The NESHAP are promulgated
under 40 CFR part 63, subpart ZZZZ.

III. Summary of the Final Rule

A. What is the source category regulated by the final rule?

The final NSPS apply to new stationary SI ICE. A stationary
internal combustion engine means any internal combustion engine, except
combustion turbines, that converts heat energy into mechanical work and
is not mobile. Stationary ICE differ from mobile ICE in that a
stationary internal combustion engine is not a nonroad engine as
defined at 40 CFR 1068.30, and is not used to propel a motor vehicle or
a vehicle used solely for competition. Stationary ICE include
reciprocating ICE, rotary ICE, and other ICE, except combustion
turbines. The final NESHAP apply only to stationary RICE. To our
knowledge, no rotary or other types of stationary ICE exist at this time.
The SI NSPS address emissions from new, modified and reconstructed
stationary SI engines. An SI engine is either a gasoline-fueled engine;
or any other type of engine, with a spark plug (or other sparking
device) and with operating characteristics significantly similar to the
theoretical Otto combustion cycle. Spark ignition engines usually use a
throttle to regulate intake air flow to control power during normal
operation. Dual-fuel engines in which a liquid fuel (typically diesel
fuel) is used for compression ignition and gaseous fuel (typically
natural gas) is used as the primary fuel at an annual average ratio of
less than 2 parts diesel fuel to 100 parts total fuel on an energy
equivalent basis are considered SI engines for purposes of the final rule.
The final NESHAP address emissions from new and reconstructed
stationary engines less than or equal to 500 HP located at major
sources and all new and reconstructed stationary engines located at
area sources. A major source of HAP emissions is a plant site that
emits or has the potential to emit any single hazardous air pollutant
(HAP) at a rate of 10 tons (9.07 megagrams) or more per year or any
combination of HAP at a rate of 25 tons (22.68 megagrams) or more per
year, except that for oil and gas production facilities, a major source
of HAP emissions is determined for each surface site. An area source of
HAP emissions is a source that is not a major source.
If you are an owner or operator of an area source subject to the
final rule, you are exempt from the obligation to obtain a permit under
40 CFR part 70 or 71, provided you are not required to obtain a permit
under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason other than your
status as an area source under the final rule.
1. SI NSPS
New source performance standards for stationary SI engines are
issued under section 111(b) of the CAA. All new, modified and
reconstructed stationary SI engines are covered regardless of size. The
NSPS apply to stationary SI engines combusting any fuel (natural gas,
gasoline, liquefied petroleum gas (LPG), compressed natural gas,
landfill gas, digester gas, and any other applicable fuel). New source
performance standards require these sources to control emissions to the
level achievable by best demonstrated technology (BDT), considering
costs and any non-air quality health and environmental impacts and
energy requirements.
Under section 111 of the CAA, 42 U.S.C. 7411, the Administrator is
required to publish, and periodically update, a list of source
categories that in his or her judgment cause, or contribute
significantly to, air pollution which may reasonably be anticipated to
endanger public health or welfare. This list appears in 40 CFR 60.16.
The list reflects the Administrator's determination that emissions from
the listed source categories contribute significantly to air pollution
that may reasonably be anticipated to endanger public health or
welfare, and it is intended to identify major source categories for
which standards of performance are to be promulgated.
EPA has determined that for purposes of NSPS regulations, the
stationary internal combustion engine source category should be split
into two source categories--SI engines and compression ignition (CI)
engines. Final NSPS for stationary CI engines were published on July
11, 2006 (71 FR 39154).
2. NESHAP
The NESHAP portion of this action is a revision to the regulations
in 40 CFR part 63, subpart ZZZZ, currently applicable to stationary
RICE greater than 500 HP located at major sources, which were
promulgated in 2004. When the subpart ZZZZ of 40 CFR part 63
regulations were promulgated in 2004 (69 FR 33474), EPA deferred
promulgating regulations with respect to stationary engines 500 HP or
less at major sources until further information on the engines could be
obtained and analyzed. It was decided to regulate these smaller engines
at the same time as EPA regulates engines located at area sources.
This action revises 40 CFR part 63, subpart ZZZZ, in order to
address HAP emissions from new and reconstructed stationary RICE less
than or equal to 500 HP located at major sources and new and
reconstructed stationary RICE located at area sources. For stationary
engines less than or equal to 500 HP at major sources, EPA must
determine what is the appropriate MACT for those engines under section
112(d)(3) of the CAA.
For stationary engines located at area sources, EPA has the
flexibility to promulgate standards based on GACT under CAA section
112(d)(5). EPA listed stationary RICE located at area sources under
sections 112(c)(3) and 112(k) of the CAA, and consistent with section
112(c)(3) is establishing standards for the source category in this
final rule. The criteria relevant to EPA's listing of this area source
category is set forth in the Urban Air Toxics Strategy described in the
paragraph below.
On July 19, 1999, EPA announced in the Federal Register its plan
for addressing exposure to air toxics in urban areas. The strategy
addressed sections 112(c)(3) and 112(k)(3)(B)(ii) of the CAA that
instruct EPA to identify not less than 30 HAP which, as the result of
emissions from area sources, present the greatest threat to public
health in the largest number of urban areas, and to list sufficient
area source categories or subcategories to ensure that emissions
representing 90 percent of the 30 listed HAP are subject to regulation.
The strategy included a list of 30 HAP judged to pose the greatest
potential threat to public health in the largest number of urban areas
(the urban HAP). In the strategy, EPA also listed the area source
categories that account for 90 percent of the urban HAP emissions. EPA
listed the stationary internal combustion engine source category under
section 112(c)(3) and (k) for the following urban HAP: 7 PAH,
acetaldehyde, arsenic, benzene, beryllium compounds, cadmium compounds
and formaldehyde. Pursuant to section 112(c), the listed area source
categories shall be subject to standards under section 112(d) of the CAA.
3. Differentiation by Fuel Type
The final rule differentiates between gasoline, LPG, natural gas,
and digester and landfill gas. Gasoline and LPG are fuels more commonly
used in nonroad engines than stationary engines. Nonroad SI engines
less than or equal to 19 kilowatt (KW) (25 HP) typically use gasoline.
It is estimated that about 68 percent of SI nonroad engines above 19 KW
(25 HP) use LPG. A smaller

[[Page 3571]]

percentage of nonroad SI engines above 19 KW (25 HP) use gasoline
(about 23 percent) and even less use compressed natural gas (about 9
percent). Natural gas fuel is more common in larger, stationary
applications. Natural gas engines refer to all gaseous-fueled engines
except those fueled by landfill and digester gas. Natural gas is
primarily composed of methane and typically contains very low levels of
sulfur. Other fuels used with stationary SI engines are landfill and
digester gases. These gases are by-products of wastewater treatment and
land application of municipal reuse. Landfill and digester gases, which
are formed through anaerobic decomposition of organic materials, are
principally comprised of methane and carbon dioxide, but small
quantities of other compounds such as hydrogen sulfide, ammonia,
volatile organic compounds, and particulate matter (PM) may also be
present. Although similar in composition to natural gas, there are some
differences in the emissions from combustion of landfill and digester
gases due to e.g., chlorinated compounds are typically not found in
natural gas. Both landfill and digester gases contain a family of
silicon-based gases collectively called siloxanes. Combustion of
siloxanes forms compounds that have been known to foul fuel systems,
combustion chambers, and post-combustion catalysts.

B. What are the pollutants regulated by the final rule?

The pollutants to be regulated by the final NSPS for stationary SI
engines are nitrogen oxides (NO_X), carbon monoxide (CO), and
volatile organic compounds (VOC). In addition, a sulfur limit on
gasoline is being finalized.
The final NESHAP regulate HAP (for areas sources, the NESHAP
regulates the seven urban HAP listed above) through formaldehyde, CO,
or VOC which EPA has established are appropriate surrogates for HAP
emissions from certain engine types.

C. What are the final standards?

A description of the final standards is provided in the following
sections.
1. SI NSPS
a. Stationary SI Engines < =19 KW (25 HP). The final standards
affect manufacturers, owners, and operators of stationary SI engines.
Engine manufacturers must certify their stationary SI engines with a
maximum engine power less than or equal to 19 KW (25 HP) that are
manufactured after July 1, 2008, to the certification emission
standards for new nonroad SI engines in 40 CFR part 90, as applicable.
The standards applicable to these engines are summarized in Table 1 of
this preamble.

Table 1.--NOX, HC, NMHC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Stationary SI Engines < =19 KW (25
HP)
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Emission standards in g/KW-hr (g/HP-hr) b
Engine class a -----------------------------------------------
HC+NOX NMHC+NOX c CO
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I............................................................... 16.1 14.8 610
(12.0) (11.0) (455)
I-A............................................................. 50 ..............
37 ..............
I-B............................................................. 40 37
(30) (27.6)
II.............................................................. 12.1 11.3
(9.0) (8.4)
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a Class I-A: Engines with displacement less than 66 cubic centimeters (cc); Class I-B: Engines with displacement
greater than or equal to 66 cc and less than 100 cc; Class I: Engines with displacement greater than or equal
to 100 cc and less than 225 cc; Class II: Engines with displacement greater than or equal to 225 cc.
b Modified and reconstructed engines manufactured prior to July 1, 2008, must meet the standards applicable to
engines manufactured after July 1, 2008.
c NMHC+NOX standards are applicable only to natural gas fueled engines at the option of the manufacturer, in
lieu of HC+NOX standards.

b. Stationary Non-Emergency SI Gasoline Engines >19 KW (25 HP) and
Rich Burn LPG Engines >19 KW (25 HP). Engine manufacturers must certify
their stationary non-emergency SI engines with a maximum engine power
greater than 19 KW (25 HP) and less than 500 HP that use gasoline or
rich burn engines greater than 19 KW (25 HP) and less than 500 HP that
use LPG that are manufactured after July 1, 2008, to the certification
emission standards for new nonroad SI engines in 40 CFR part 1048, as
applicable. Engine manufacturers must certify their stationary non-
emergency SI engines with a maximum engine power greater than or equal
to 500 HP that use gasoline or rich burn engines greater than or equal
to 500 HP that use LPG that are manufactured after July 1, 2007, to the
certification emission standards for new nonroad SI engines in 40 CFR
part 1048. The standards applicable to manufacturers of non-emergency
engines greater than 19 KW (25 HP) that are gasoline or rich burn
engines that use LPG are summarized in Table 2 of this preamble.

Table 2.--NOX, HC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Manufacturers of Stationary Non-Emergency
SI Gasoline Engines >19 KW (25 HP) and Rich Burn LPG Engines >19 KW (25 HP)
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Emission requirement in g/KW-hr
(g/HP-hr) a, b
Maximum engine power Manufacture date ---------------------------------
HC+NOX CO
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25< HP< 500 c.................................. July 1, 2008................... 2.7 4.4
(2.0) (3.3)
July 1, 2008................... 2.7 130.0
(severe duty e)................ (2.0) (97.0)

[[Page 3572]]

HP>=500 d.................................... July 1, 2007................... 2.7 4.4
(2.0) (3.3)
July 1, 2007................... 2.7 130.0
(severe duty e)................ (2.0) (97.0)
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a You may optionally certify your engines according to the following formula instead of the standards in Table 2
of this preamble: (HC+NOX) CO0.784< =8.57. The HC+NOX and CO emission levels you select to satisfy this
formula, rounded to the nearest 0.1 g/KW-hr, become the emission standards that apply for those engines. You
may not select an HC+NOX emission standard higher than 2.7 g/KW-hr or a CO emission standard higher than 20.6
g/KW-hr.
b Provisions in 40 CFR part 1048 allow engines with a maximum engine power at or below 30 KW (40 HP) with a
total displacement at or below 1,000 cubic centimeters (cc) to comply with the requirements of 40 CFR part 90.
c Modified and reconstructed engines between 25 and 500 HP manufactured prior to July 1, 2008, must meet the
standards applicable to engines manufactured after July 1, 2008.
d Modified and reconstructed engines greater than or equal to 500 HP manufactured prior to July 1, 2007, must
meet the standards applicable to engines manufactured after July 1, 2007.
e Severe-duty engines are engines used in, for example, concrete saws, concrete pumps, and similar severe
applications where air-cooled engines must be used. There are expected to be very few, if any, severe-duty
stationary engines.

In addition to the emission standards shown in Table 2 of this
preamble, there are separate field testing standards required under 40
CFR part 1048 that are part of the certification requirements for
engine manufacturers.
c. Stationary Non-Emergency SI Natural Gas Engines 19< KW< 75
(25< HP< 100) and Lean Burn LPG Engines 19< KW< 75 (25< HP< 100). Engine
manufacturers have the option to certify their stationary non-emergency
SI natural gas engines between 25 HP and 100 HP and lean burn LPG
engines between 25 HP and 100 HP to the certification emission
standards in 40 CFR part 1048, as shown in Table 2 of this preamble.
However, the certification is only voluntary, and it is up to the
manufacturer to decide if it believes certification is feasible and
beneficial. Engine manufacturers may certify engines between 19 and 30
KW (25 and 40 HP) with a displacement of 1,000 cc or less to the
provisions of 40 CFR part 90 (shown in Table 1 of this preamble), which
is consistent with similar provisions applicable to nonroad engines in
this displacement and size category. In addition, for engines
manufactured prior to January 1, 2011, manufacturers may alternatively
certify to the standards summarized in Table 4 of this preamble
applicable to engines greater than or equal to 100 HP and less than 500 HP.
Owners and operators who purchase stationary SI engines with a
maximum engine power between 19 and 75 KW (25 and 100 HP) that are
natural gas engines or lean burn engines using LPG that are
manufactured after July 1, 2008, must meet the NO_X, HC, and
CO emission standards in 40 CFR 1048.101(c), as summarized in Table 3
of this preamble.

Table 3.--NOX, HC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Owners/Operators of Stationary Non-
Emergency SI Natural Gas Engines 19< KW< 75 (25< HP< 100) and Lean Burn LPG Engines 19< KW< 75 (25< HP< 100)
----------------------------------------------------------------------------------------------------------------
Emission requirement in g/KW-hr
(g/HP-hr) \a, b\
Maximum engine power Manufacture date ---------------------------------
HC+NOX CO
----------------------------------------------------------------------------------------------------------------
25< HP< 100 \c\................................ July 1, 2008................... 3.8 6.5
(2.8) (4.8)
July 1, 2008................... 3.8 200.0
(severe duty).................. (2.8) (149.2)
----------------------------------------------------------------------------------------------------------------
\a\ You may apply the following formula to determine alternate emission standards that apply to your engines
instead of the standards in paragraph in Table 3 of this preamble: (HC+NOX)xCO\0.791\< =16.78. HC+NOX emission
levels may not exceed 3.8 g/kW-hr and CO emission levels may not exceed 31.0 g/kW-hr.
\b\ For natural gas fueled engines, you are not required to measure non-methane hydrocarbon emissions or total
hydrocarbon emissions for testing to show that the engine meets the emission standards of Table 3 of this
preamble; that is, you may assume HC emissions are equal to zero.
\c\ Modified and reconstructed engines between 25 and 100 HP manufactured prior to July 1, 2008, must meet the
standards applicable to engines manufactured after July 1, 2008.

d. Stationary Non-Emergency SI Natural Gas Engines >=100 HP and
Lean Burn LPG Engines >=100 HP. Owners and operators who purchase
stationary SI engines with a maximum engine power between 100 HP and
500 HP that are natural gas engines or lean burn engines using LPG that
are manufactured between July 1, 2008 and January 1, 2011, must limit
their exhaust emissions of NO_X to 2.0 g/HP-hr, emissions of
CO to 4.0 g/HP-hr, and emissions of VOC to 1.0 g/HP-hr. Owners and
operators may as an alternative limit their exhaust emissions of
NO_X to 160 parts per million by volume, dry basis (ppmvd) at
15 percent oxygen (O₂), emissions of CO to 540 ppmvd at 15
percent O₂, and emissions of VOC to 86 ppmvd at 15 percent
O₂ instead of the g/HP-hr limits.

[[Page 3573]]

Stationary SI engines with a maximum engine power between 100 HP
and 500 HP that are natural gas engines or lean burn engines using LPG
that are manufactured after January 1, 2011, must limit their exhaust
emissions of NO_X to 1.0 g/HP-hr, emissions of CO to 2.0 g/
HP-hr, and emissions of VOC to 0.7 g/HP-hr. Again, owners and operators
may as an alternative limit their exhaust emissions of NO_X
to 82 ppmvd at 15 percent O₂, emissions of CO to 270 ppmvd
at 15 percent O₂, and emissions of VOC to 60 ppmvd at 15
percent O₂ instead of the g/HP-hr limits.
Owners and operators who purchase stationary SI engines with a
maximum engine power greater than or equal to 500 HP that are natural
gas engines or lean burn engines using LPG that are manufactured after
July 1, 2007, must limit their exhaust emissions of NO_X to
2.0 g/HP-hr, emissions of CO to 4.0 g/HP-hr, and emissions of VOC to
1.0 g/HP-hr, except that these standards apply to lean burn engines
between 500 and 1,350 HP manufactured after January 1, 2008. Instead of
complying with limits in terms of g/HP-hr, owners and operators may
limit their exhaust emissions of NO_X to 160 ppmvd at 15
percent O₂, emissions of CO to 540 ppmvd at 15 percent
O₂, and emissions of VOC to 86 ppmvd at 15 percent O₂.
Stationary SI engines with a maximum engine power greater than or
equal to 500 HP that are natural gas engines or lean burn engines using
LPG that are manufactured after July 1, 2010, must limit their exhaust
emissions of NO_X to 1.0 g/HP-hr, emissions of CO to 2.0 g/
HP-hr, and emissions of VOC to 0.7 g/HP-hr. Instead of complying with
limits in terms of g/HP-hr, owners and operators may limit their
exhaust emissions of NO_X to 82 ppmvd at 15 percent
O₂, emissions of CO to 270 ppmvd at 15 percent
O₂, and emissions of VOC to 60 ppmvd at 15 percent O₂.
Engine manufacturers may voluntarily certify their stationary non-
emergency SI natural gas engines greater than or equal to 100 HP and
lean burn LPG engines greater than or equal to 100 HP, but the
certification is not required by the rule. Additionally, for natural
gas engines below 500 HP manufactured prior to January 1, 2011, and
natural gas engines greater than or equal to 500 HP manufactured prior
to July 1, 2010, engine manufacturers may choose to certify their
engines to the standards for non-severe duty engines in 40 CFR part
1048 (see Table 2 of this preamble).
A summary of the emission standards that apply to stationary non-
emergency SI natural gas engines greater than or equal to 100 HP and
lean burn LPG engines greater than or equal to 100 HP are shown in
Table 4 of this preamble.
For lean burn LPG engines greater than or equal to 100 HP,
manufacturers may certify these engines to the certification emission
standards in 40 CFR part 1048 instead of the emission standards shown
in Table 4 of this preamble.

Table 4.--NOX, CO, and VOC Emission Standards for Stationary SI Engines >=100 HP (Except Gasoline and Rich Burn
LPG), Stationary SI Landfill/Digester Gas Engines, and Stationary Emergency Engines >25 HP
----------------------------------------------------------------------------------------------------------------
Emission standards \a\
-----------------------------------------------
Engine type and fuel Maximum engine Manufacture g/HP-hr ppmvd at 15% O2
power date -----------------------------------------------
NOX CO VOC NOX CO VOC
----------------------------------------------------------------------------------------------------------------
Non-Emergency SI Natural Gas 100< =HP< 500....... 7/1/2008 2.0 4.0 1.0 160 540 86
and Non-Emergency SI Lean Burn
LPG.
1/1/2011 1.0 2.0 0.7 82 270 60
Non-Emergency SI Lean Burn 500>=HP<1,350..... 1/1/2008 2.0 4.0 1.0 160 540 86
Natural Gas and LPG.
7/1/2010 1.0 2.0 0.7 82 270 60
Non-Emergency SI Natural Gas HP>=500........... 7/1/2007 2.0 4.0 1.0 160 540 86
and Non-Emergency SI Lean Burn
LPG (except lean burn
500>=HP<1,350).
HP>=500........... 7/1/2010 1.0 2.0 0.7 82 270 60
Landfill/Digester Gas (except HP< 500............ 7/1/2008 3.0 5.0 1.0 220 610 80
lean burn 500>=HP<1,350).
1/1/2011 2.0 5.0 1.0 150 610 80
HP>=500........... 7/1/2007 3.0 5.0 1.0 220 610 80
7/1/2010 2.0 5.0 1.0 150 610 80
Landfill/Digester Gas lean burn 500>=HP<1,350..... 1/1/2008 3.0 5.0 1.0 220 610 80
7/1/2010 2.0 5.0 1.0 150 610 80
Emergency...................... 25>HP<130......... 1/1/2009 \b\ 10 387 N/A N/A N/A N/A
HP>=130........... ........... 2.0 4.0 1.0 160 540 86
----------------------------------------------------------------------------------------------------------------
\a\ Owners and operators of stationary non-certified SI engines may choose to comply with the emission standards
in units of either g/HP-hr or ppmvd at 15 percent O2.
\b\ The emission standards applicable to emergency engines between 25 HP and 130 HP are in terms of NOX+HC.

e. Stationary SI Landfill/Digester Gas Engines. Owners and
operators who purchase stationary landfill or digester SI engines that
are manufactured after July 1, 2007, that are greater than or equal to
500 HP must limit their exhaust emissions of NO_X to 3.0 g/
HP-hr, emissions of CO to 5.0 g/HP-hr, and emissions of VOC to 1.0 g/
HP-hr, except that these standards apply to lean burn engines between
500 and 1,350 HP manufactured after January 1, 2008. Instead of
complying with limits in terms of g/HP-hr, owners and operators may
limit their exhaust emissions of NO_X to 220 ppmvd at 15
percent O₂, emissions of CO to 610 ppmvd at 15 percent
O₂, and emissions of VOC to 80 ppmvd at 15 percent O₂.
Stationary landfill and digester gas SI engines greater than or
equal to 500 HP that are manufactured after July 1, 2010, must limit
their exhaust emissions of NO_X to 2.0 g/HP-hr, emissions of
CO to 5.0 g/HP-hr, and emissions of VOC to 1.0 g/HP-hr. Instead of
complying with limits in terms of g/HP-hr, owners and operators may
limit their exhaust emissions of NO_X to 150 ppmvd at 15
percent O₂, emissions of CO to 610 ppmvd at 15 percent
O₂, and emissions of VOC to 80 ppmvd at 15 percent O₂.

[[Page 3574]]

Stationary SI engines that use landfill or digester gas that are
less than 500 HP are given an extra 12 months to comply with the
standards. The first stage of limits of 3.0, 5.0, and 1.0 g/HP-hr, for
NO_X, CO, and VOC, respectively (or 220, 610, and 80 ppmvd at
15 percent O₂), applies to landfill and digester gas engines
manufactured after July 1, 2008. The second stage of limits of 2.0,
5.0, and 1.0 g/HP-hr, for NO_X, CO, and VOC, respectively (or
150, 610, and 80 ppmvd at 15 percent O₂), applies to
landfill and digester gas engines manufactured after January 1, 2011.
The emission standards applicable to stationary SI landfill and
digester gas engines are shown in Table 4 of this preamble.
Engine manufacturers may voluntarily certify their stationary SI
landfill and digester gas engines to the emission standards in Table 4
of this preamble, but the certification is not required by the final rule.
f. Stationary Emergency SI Engines >19 KW (25 HP). For stationary
SI engines greater than 25 HP that are emergency engines, the final
rule sets a single stage of emission limits; however, EPA has
determined that it is appropriate to have separate standards for
stationary emergency engines above and below 130 HP.
Owners and operators who purchase stationary emergency engines
greater than 25 HP and less than 130 HP that are manufactured after
January 1, 2009, must limit their exhaust emissions of
HC+NO_X to 10.0 g/HP-hr and emissions of CO to 387 g/HP-hr.
These standards are consistent with the Phase I emission standards for
Class II nonroad engines in 40 CFR part 90.
Owners and operators who purchase stationary emergency engines
greater than or equal to 130 HP that are manufactured after January 1,
2009, must limit their exhaust emissions of NO_X to 2.0 g/HP-
hr, emissions of CO to 4.0 g/HP-hr, and emissions of VOC to 1.0 g/HP-
hr. Instead of complying with limits in terms of g/HP-hr, owners and
operators may limit the exhaust emissions from their emergency engines
to 160 ppmvd of NO_X at 15 percent O₂, 540 ppmvd
of CO at 15 percent O₂, and 86 ppmvd of VOC at 15 percent O₂.
Engine manufacturers may voluntarily certify their stationary
emergency SI engines greater than 25 HP, but the certification is not
required by the rule, except for manufacturers of gasoline or LPG rich
burn emergency engines, who must certify their engines to the standards
in 40 CFR part 90 (for engines below 130 HP) or 40 CFR part 1048 (for
engines at or above 130 HP--see Table 2 of this preamble).
g. Fuel Requirements. In addition to emission standards, the final
rule requires that owners and operators who use gasoline in their
stationary SI engine must use gasoline that meets the requirements of
40 CFR 80.195. The requirements include a gasoline sulfur per gallon
cap of 80 parts per million (ppm).
2. NESHAP
a. Engines < =500 HP at Major Sources. Owners and operators of new
and reconstructed stationary SI engines with a site rating of equal to
or less than 500 HP located at a major source of HAP emissions (except
new or reconstructed 4-stroke lean burn (4SLB) stationary RICE with a
site rating of greater than or equal to 250 and less than or equal to
500 brake HP located at major source of HAP emissions), must meet the
requirements of the final SI NSPS (40 CFR part 60, subpart JJJJ). Thus,
if the owners and operators are in compliance with 40 CFR part 60,
subpart JJJJ, they would also be in compliance with 40 CFR part 63,
subpart ZZZZ, for engines equal to or less than 500 HP located at a
major source (except for 4SLB engines greater than or equal to 250 and
less than or equal to 500 brake HP located at a major source). The
requirements that apply under 40 CFR part 60, subpart JJJJ, were
discussed in the previous section of this preamble.
Similarly, owners and operators of new and reconstructed stationary
CI engines with a site rating of equal to or less than 500 HP located
at a major source of HAP emissions must meet the requirements of the
final CI NSPS (40 CFR part 60, subpart IIII). If the owners and
operators are in compliance with 40 CFR part 60, subpart IIII, they
would also be in compliance with 40 CFR part 63, subpart ZZZZ, for
engines equal to or less than 500 HP located at a major source.
Owners and operators of new or reconstructed 4SLB SI stationary
engines with a site rating of greater than or equal to 250 and less
than or equal to 500 brake HP located at a major source are required to
either reduce CO emissions by 93 percent or more, or limit the
concentration of formaldehyde in the stationary engine exhaust to 14
ppmvd or less, at 15 percent O₂. These engines would also be
required to meet the requirements in the final SI NSPS, but do not have
to comply with the CO emission standards of the SI NSPS if in
compliance with the NESHAP.
b. Engines at Area Sources. Owners and operators of new and
reconstructed stationary engines located at area sources of HAP
emissions must meet the requirements of the final CI NSPS (40 CFR part
60, subpart IIII) or SI NSPS (40 CFR part 60, subpart JJJJ), as
appropriate. If the owners and operators are in compliance with either
40 CFR part 60, subpart IIII or JJJJ, as appropriate, they would also
be in compliance with 40 CFR part 63, subpart ZZZZ, for new and
reconstructed engines located at an area source.

D. What are the requirements for sources that are modified or reconstructed?

1. SI NSPS
The final standards apply to stationary SI engines subject to the
SI NSPS that are modified or reconstructed after June 12, 2006. The
definitions for modification and reconstruction are given in 40 CFR
60.14 and 40 CFR 60.15, respectively. A stationary engine that is
overhauled as part of a maintenance program is not considered a
modification if there is no increase in emissions.
Stationary SI ICE less than or equal to 19 KW (25 HP) manufactured
prior to July 1, 2008, that are modified or reconstructed after June
12, 2006, are required to meet the standards that apply to engines
manufactured after July 1, 2008 (January 1, 2009 for emergency engines).
Stationary SI gasoline and rich burn LPG engines between 25 HP and
500 HP manufactured prior to July 1, 2008, that are modified or
reconstructed after June 12, 2006, are required to meet the standards
applicable to engines manufactured after July 1, 2008 (January 1, 2009
for emergency engines).
Stationary SI natural gas and lean burn LPG engines greater than 25
HP and less than 100 HP manufactured prior to July 1, 2008, that are
modified or reconstructed after June 12, 2006, are required to meet the
NO_X, HC, and CO emission standards in 40 CFR 1048.101(c), as
summarized in Table 3 of this preamble.
Stationary SI gasoline and rich burn LPG engines greater than or
equal to 500 HP manufactured prior to July 1, 2007, that are modified
or reconstructed after June 12, 2006, are required to meet the
standards applicable to engines manufactured after July 1, 2007.
Stationary SI natural gas and lean burn LPG engines greater than or
equal to 100 HP and less than 500 HP manufactured prior to July 1,
2008, that are modified or reconstructed after June 12, 2006, are
required to meet a NO_X emission standard of 3.0 g/HP-hr, a
CO standard of 4.0 g/HP-hr, and a VOC standard of 1.0 g/HP-hr. Instead
of meeting emission standards in terms of

[[Page 3575]]

g/HP-hr, owners and operators may meet NO_X, CO, and VOC
emission standards of 250, 540, and 86 ppmvd at 15 percent
O₂, respectively.
Stationary non-emergency SI natural gas and lean burn LPG engines
greater than or equal to 500 HP manufactured prior to July 1, 2007, (or
January 1, 2008, for lean burn natural gas engines greater than or
equal to 500 HP and less than 1,350 HP) that are modified after June
12, 2006, are required to meet a NO_X emission standard of
3.0 g/HP-hr, a CO standard of 4.0 g/HP-hr, and a VOC standard of 1.0 g/
HP-hr. Again, instead of meeting emission standards in terms of g/HP-
hr, owners and operators may meet NO_X, CO, and VOC emission
standards of 250, 540, and 86 ppmvd at 15 percent O₂,
respectively.
Stationary SI landfill and digester gas engines less than 500 HP
manufactured prior to July 1, 2008, that are modified or reconstructed
after June 12, 2006, are required to meet a NO_X emission
standard of 3.0 g/HP-hr, a CO standard of 5.0 g/HP-hr, and a VOC
standard of 1.0 g/HP-hr.
Stationary SI landfill and digester gas engines greater than or
equal to 500 HP manufactured prior to July 1, 2007, that are modified
after June 12, 2006, are required to meet a NO_X emission
standard of 3.0 g/HP-hr, a CO standard of 5.0 g/HP-hr, and a VOC
standard of 1.0 g/HP-hr. For all modified and reconstructed SI landfill
and digester gas engines, instead of meeting emission standards in
terms of g/HP-hr, owners and operators may meet NO_X, CO, and
VOC emission standards of 220, 610, and 80 ppmvd at 15 percent O₂.
Stationary SI emergency engines greater than or equal to 130 HP
manufactured prior to January 1, 2009, that are modified or
reconstructed after June 12, 2006, are required to meet a
NO_X emission standard of 3.0 g/HP-hr, a CO standard of 4.0
g/HP-hr, and a VOC standard of 1.0 g/HP-hr. Instead of meeting emission
standards in terms of g/HP-hr, owners and operators may meet
NO_X, CO, and VOC emission standards of 250, 540, and 86
ppmvd at 15 percent O₂. Stationary SI emergency engines
between 25 HP and 130 HP manufactured prior to January 1, 2009, that
are modified or reconstructed after June 12, 2006, are required to meet
a HC+NO_X emission standard of 10.0 g/HP-hr and a CO standard
of 387 g/HP-hr.
2. NESHAP
Similar concepts as those discussed above apply to engines subject
to 40 CFR part 63 regulations; however, the concept of modification is
not included in 40 CFR part 63. The final standards apply to stationary
engines subject to the NESHAP that commence reconstruction on or after
June 12, 2006, and the reconstruction criteria are provided in 40 CFR 63.2.

E. What are the requirements for demonstrating compliance?

The following sections describe the requirements for demonstrating
compliance under the stationary SI NSPS and NESHAP.
1. SI NSPS
Owners and operators subject to the emission standards specified in
the final rule who use stationary SI engines with a maximum engine
power of less than or equal to 19 KW (25 HP) or who use stationary SI
engines with a maximum engine power greater than 19 KW (25 HP) and use
gasoline or are rich burn engines greater than 19 KW (25 HP) using LPG
must demonstrate compliance by using an engine certified to the
emission standards specified in 40 CFR part 90 or 1048, as applicable.
Owners and operators subject to the final rule who use stationary
SI engines with a maximum engine power greater than 19 KW (25 HP) that
use fuels other than gasoline and that are not rich burn engines
greater than 19 KW (25 HP) that use LPG, must demonstrate compliance by
either using an engine certified to the emission standards specified in
Tables 3 or 4 of this preamble, as applicable, or by conducting an
initial performance test (and potentially subsequent performance
testing depending on the engine size) to demonstrate compliance with
the emission standards.
Owners and operators of all stationary engines subject to the
requirements of the SI NSPS must keep records of maintenance conducted
on the engine. Owners and operators of stationary non-certified
engines, which include certified engines operating in a non-certified
manner, must keep a maintenance plan. Owners and operators of certified
engines may demonstrate compliance by operating and maintaining their
stationary engine and aftertreatment control device (if any) according
to the manufacturer's emission-related written instructions and do not
have to conduct any performance testing.
Owners and operators of certified engines who do not follow the
manufacturer's emission-related operation and maintenance procedures
will be considered non-certified engines and will be subject to
performance testing. Certified engines operating in a non-certified
manner that are less than 100 HP do not have to conduct performance
testing to demonstrate compliance. Certified engines operating in a
non-certified manner that are greater than or equal to 100 HP and less
than or equal to 500 HP, however, must conduct an initial performance
test within the first year of engine operation to demonstrate
compliance with the emission standards. Finally, certified engines
operating in a non-certified manner that are greater than 500 HP must
conduct a performance test within the first year of operation and every
8,760 hours of operation or 3 years thereafter to demonstrate
compliance. Owners and operators of engines that have never been
certified that are greater than 25 HP and less than or equal to 500 HP
must conduct an initial performance test to demonstrate compliance with
the emission standards. As mentioned, all engines are subject to
recordkeeping of maintenance, which includes these engines. Owners and
operators of engines that have never been certified that are greater than
500 HP must conduct an initial performance test to demonstrate compliance
and must test every 8,760 hours of operation or 3 years after that.
Manufacturers of stationary SI engines required to certify their
engines must demonstrate compliance by certifying that their stationary
SI engines meet the emission standards, as specified in 40 CFR part 60,
subpart JJJJ, as applicable, using the certification procedures in
subpart B of 40 CFR part 90 or subpart C of 40 CFR part 1048, as
applicable, and must test their engines as specified in those parts.
Manufacturers who conduct voluntary certification must follow the same
test procedures that apply to large SI nonroad engines under 40 CFR
part 1048, but must use the D-1 cycle in International Organization for
Standardization (ISO) 8178-4: 1996(E) for stationary engines or the
test cycle requirements specified in Table 5 to 40 CFR 1048.505, except
that Table 5 to 40 CFR 1048.505 applies to high load engines only.
Manufacturers who opt to voluntarily certify their stationary SI
engines to the emission standards specified in this subpart must
certify their engines using fuel that meets the definition of pipeline-
quality natural gas, which according to the definition must be composed
of at least 70 percent methane by volume or have a gross calorific
value between 950 and 1,100 British thermal units per standard cubic foot.
If the manufacturer chooses to certify its stationary SI engines to
another fuel, the manufacturer must specify the properties of that fuel
and what adjustments the owner or operator must make to the engine
during installation in the field in order to meet the

[[Page 3576]]

emission standards. The manufacturer must also perform certification
testing on the engine on that fuel, as it would if it was certifying to
pipeline-quality natural gas, in order to assure compliance with the
emission standards. Manufacturers who conduct voluntary certification
of stationary SI ICE must also provide instructions to the owner and
operator for configuring the stationary engine to meet the emission
standards on fuels that meet the pipeline-quality natural gas
specifications and fuels that do not meet the pipeline-quality natural
gas specifications. The manufacturer must provide information to the
owner and operator of the certified stationary SI engine regarding the
particular fuels to which the engine is certified, and instructions
regarding configuring the engine in a manner most appropriate for
reducing pollutant emissions for engines operating on such fuels.
EPA allows owners and operators of natural gas engines to use
propane as back up fuel for emergency purposes for no more than 100
hours per year. If propane is used for more than 100 hours per year in
an engine that is not certified to the emission standards when using
propane, the owners and operators are required to conduct a performance
test to demonstrate compliance with the emission standards.
Owners and operators that operate engines that have been certified
by the engine manufacturer are not required to perform any performance
testing unless the engine is operated outside of the fuel properties or
emission-related operation and maintenance procedures specified by the
manufacturer. If the owner or operator uses fuels that are outside of
the fuel specifications or does not follow the emission-related
adjustments or maintenance requirements specified by the manufacturer,
the engine is no longer considered a certified engine and the owner or
operator must test the engine to demonstrate compliance.
Regarding stationary rich burn engines operating with three-way
catalysts or non-selective catalytic reduction, EPA expects that air-
to-fuel ratio controllers will be used in conjunction with the control
device. The AFR controller must be operated in an appropriate manner to
ensure proper operation of the engine and control device in order to
minimize emissions.
2. NESHAP
For most engines (i.e. except those discussed in the following
paragraph), owners and operators of new and reconstructed stationary SI
RICE equal to or less than 500 HP located at a major source of HAP
emissions and stationary RICE located at an area source, will be able
to demonstrate compliance with the NESHAP if they meet the requirements
of the final SI NSPS (40 CFR part 60, subpart JJJJ). Similarly, owners
and operators of new and reconstructed stationary CI engines with a
site rating of equal to or less than 500 HP located at a major source
of HAP emissions, will be able to demonstrate compliance with the
NESHAP if they meet the requirements of the final CI NSPS (40 CFR part
60, subpart IIII). If the owners and operators are in compliance with
40 CFR part 60, subpart JJJJ or IIII, as applicable, they will also be
in compliance with 40 CFR part 63, subpart ZZZZ, for engines equal to
or less than 500 HP located at a major source. The compliance
requirements that apply under 40 CFR part 60, subpart JJJJ, were
discussed in the previous section. For the majority of stationary CI
engines, all that is required under 40 CFR part 60, subpart IIII, is
that the owner or operator purchase a certified stationary CI engine
and operate it properly and according to the manufacturer's specifications.
Owners and operators of new or reconstructed 4SLB stationary RICE
greater than or equal to 250 HP and less than or equal to 500 brake HP
located at major source are required to follow the compliance
requirements specified in 40 CFR part 63, subpart ZZZZ, consistent with
the compliance requirements for 4SLB stationary RICE greater than 500
HP located at a major source. Those compliance requirements include
demonstrating compliance by conducting an initial performance test.
These engines must also conduct a subsequent performance test
semiannually if they are complying with the requirement to reduce CO
emissions and not using a continuous emissions monitoring system, and
if they are complying with the requirement to limit the concentration
of formaldehyde in the stationary engine exhaust. Under the NESHAP,
these engines must either reduce CO emissions or limit the
concentration of formaldehyde. In addition, these engines would be
required to meet the requirements in the final SI NSPS. However, these
engines do not have to comply with the CO emission standards of the SI
NSPS if in compliance with the NESHAP.

F. What are the reporting and recordkeeping requirements?

The following sections describe the reporting and recordkeeping
requirements that are required under the SI NSPS and the NESHAP.
1. SI NSPS
Owners and operators of all engines (certified and non-certified)
are required to maintain records of proper maintenance and non-
certified engines must keep a maintenance plan. An initial notification
is required for owners and operators of engines greater than 500 HP
that are non-certified. Also, owners and operators who conduct
performance testing are required to report the test results within 60
days of each performance test.
Owners and operators of emergency engines are required to keep
records of their hours of operation. For emergency engines greater than
or equal to 130 HP, this requirement starts for engines manufactured
after the point when more stringent emission standards take effect for
non-emergency engines, either in July 2010 or January 2011, depending
on the power rating of the engine. For emergency engines below 130 HP,
the requirement to keep records of the hours of operation begins for
all engines manufactured after January 1, 2009. Owners and operators of
emergency engines must install a non-resettable hour meter on their
engines to record the necessary information. Emergency stationary
engines may be operated for the purpose of maintenance checks and
readiness testing, provided that the tests are recommended by the
Federal, State or local government, the manufacturer, the vendor, or
the insurance company associated with the engine. Maintenance checks
and readiness testing of such units is limited to 100 hours per year.
Owners and operators can petition the Administrator for additional
hours, beyond the allowed 100 hours per year, if such additional hours
should prove to be necessary for maintenance and testing reasons. A
petition is not required if the hours beyond 100 hours per year for
maintenance and testing purposes are mandated by regulation such as
State or local requirements. There is no time limit on the use of
emergency stationary engines in emergency situations, however, the
owner or operator is required to record the length of operation and the
reason the engine was in operation during that time. Records must be
maintained documenting why the engine was operating to ensure the 100
hours per year limit for maintenance and testing operation is not
exceeded. In addition, owners and operators are allowed to operate
their emergency engines for non-emergency purposes for 50 hours per
year, but those 50 hours are counted towards the total 100 hours provided
for operation other than for true emergencies and owners and operators

[[Page 3577]]

may not engage in income-generating activities during those 50 hours.
The 50 hours per year for non-emergency purposes cannot be used to
generate income for a facility, for example, to supply power to an
electric grid or otherwise supply power as part of a financial
arrangement with another entity.
2. NESHAP
In general, owners and operators of new and reconstructed
stationary RICE equal to or less than 500 HP located at a major source
of HAP emissions and stationary RICE located at an area source of HAP
emissions, will be able to demonstrate compliance with the NESHAP if
they meet the requirements of the final SI NSPS (40 CFR part 60,
subpart JJJJ) or the final CI NSPS (40 CFR part 60, subpart IIII), as
appropriate, which includes reporting and recordkeeping requirements.
The reporting and recordkeeping requirements that would apply to
stationary RICE were discussed in the previous section of this preamble
and in the preamble to the final CI NSPS (71 FR 39154). No additional
reporting and recordkeeping requirements are required under the 40 CFR
part 63.
Owners and operators of new or reconstructed 4SLB stationary RICE
greater than or equal to 250 and less than or equal to 500 brake HP
located at major source are required to meet the reporting and
recordkeeping requirements specified in 40 CFR part 63, subpart ZZZZ,
consistent with the compliance requirements for 4SLB stationary RICE
greater than 500 HP located at a major source. The recordkeeping and
reporting requirements that apply to these engines were discussed in
the preamble to the final RICE NESHAP (69 FR 33473).

IV. Summary of Significant Changes Since Proposal

Most of the rationale used to develop the proposed rule remains the
same for the final rule. Therefore, the rationale previously provided
in the preamble to the proposed rule is not repeated in the final rule,
and the rationale sections of the rule, as proposed, should be referred
to. Major changes that have been made to the rule since proposal are
discussed in this section with rationale following in the Summary of
Responses to Major Comments section.

A. Compliance Dates

In the final rule, EPA has extended the compliance dates for all
stationary SI ICE that had a compliance date of January 1, 2008, in the
proposal, by 6 months. These engines have a compliance date of July 1,
2008. In addition, stationary SI lean burn engines between 500 and
1,350 HP that had a compliance date of July 1, 2007, in the proposed
rule, have also been provided with an additional 6 months, i.e., these
engines have a compliance date of January 1, 2008.

B. Distinguishing Sources Based on Size

In the final rule, based on the comments received, EPA is adopting
a size threshold of 100 HP for non-emergency stationary SI engines to
meet nonroad emission standards. That is, non-emergency stationary SI
engines less than 100 HP are subject to the nonroad emission standards
in 40 CFR part 90 (if less than or equal to 25 HP) or 40 CFR part 1048
(if greater than 25 HP). Certification to 40 CFR part 1048 is voluntary
for all stationary SI engines except gasoline and rich burn LPG
engines. Stationary SI engines greater than or equal to 100 HP (except
gasoline and rich burn LPG) are subject to the emission standards
specified in part 60 subpart JJJJ, as shown in Table 4 of this
preamble. Stationary SI lean burn LPG engines have the option of
meeting 40 CFR part 1048 instead of the emission standards specified in
this subpart. EPA has also provided some flexibility on the initial
years of the program for manufacturers to certify to standards in
either 40 CFR part 1048 or as shown in Table 4 of this preamble.

C. Hydrocarbon Limit

EPA proposed emission limits for NO_X, CO, and NMHC. In
the final rule, EPA is adopting a VOC limit in place of the proposed
NMHC limit. The stage 1 and stage 2 emission standards remain as
proposed at 1.0 g/HP-hr and 0.7 g/HP-hr, but the standards are for VOC.
EPA has defined VOC according to 40 CFR part 51, and has noted that
emissions of formaldehyde should not be counted for testing purposes.
That is, the final stage 1 and stage 2 emission limits for VOC
effectively do not include ethane, methane, and formaldehyde.
Formaldehyde was excluded because it cannot be measured by the testing
method used to determine the standard; however, EPA expects
formaldehyde emissions to be reduced using the emission controls
expected for other hydrocarbons and CO. Therefore, we expect
formaldehyde emissions to be reduced comparably to VOCs and CO, which
are used as a surrogate for formaldehyde for the purposes of section 112.

D. Alternative Limits in Concentration Units

EPA proposed NO_X, CO, and NMHC emission limits in terms
of exhaust-based units. Based on various comments and concerns with
finalizing emission standards in terms of these units, EPA finds it
appropriate to include alternative concentration-based emission limits
in the final rule. The concentration-based emission limits, provided in
terms of ppmvd at 15 percent O₂, are equivalent to the g/HP-
hr emission limits. The owners and operators may choose if they wish to
comply with the g/HP-hr standards or the ppmvd standards.

E. Emergency Engine Standards

For stationary emergency engines, EPA proposed that these engines
meet emissions standards of 2.0, 4.0, and 1.0 g/HP-hr for
NO_X, CO, and NMHC, respectively, for all emergency engines.
In the final rule, stationary emergency engines between 25 and 130 HP
are subject to emission standards of reduced stringency of 10 g/HP-hr
for NO_X+HC and 387 g/HP-hr for CO. Stationary emergency
engines greater than or equal to 130 HP are subject to the emission
standards as proposed. Stationary emergency engines less than or equal
to 25 HP are subject to the emission standards in 40 CFR part 90.

F. Emergency Engine Definition

In the final rule, EPA has retained the proposed definition of
stationary emergency engine, except that stationary engines greater
than 500 HP located at major sources that were built prior to the
proposal date of this rule (June 12, 2006), are subject to the
emergency engine definition as finalized in 40 CFR part 60, subpart
ZZZZ, on June 15, 2004. All stationary engines built after the date of
proposal of this rule are subject to the new definition of stationary
emergency engine and are limited to 100 hours per year of maintenance
and readiness testing. There is no limit on the time allowed for
emergency operation. Stationary emergency engines may be operated for
non-emergency purposes for up to 50 hours per year, but those 50 hours
are counted towards the 100 hours per year allowed for maintenance and
readiness testing. The 50 hours per year for non-emergency purposes
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.

[[Page 3578]]

G. Manufacturer O&M Requirements

The proposed rule required that owners and operators operate and
maintain their stationary SI internal combustion engine and control
device according to the manufacturer's written instructions or
procedures developed by the owner or operator that are approved by the
engine manufacturer. The final rule does not require that owners and
operators follow the manufacturer's instructions. Owners and operators
who operate and maintain their certified stationary ICE and control
device according to the manufacturer's emission-related guidelines are
required to keeping records of conducted maintenance and do not have
any performance testing requirements under the final rule.
Owners and operators who operate their certified stationary ICE and
control device in a manner that is inconsistent with the manufacturer's
emission-related guidelines are considered non-certified engines and
must keep a maintenance plan, records of conducted maintenance, and
must conduct performance testing under the final rule if the engine is
greater than or equal to 100 HP. Owners and operators of stationary ICE
that have never been certified must keep a maintenance plan, records of
conducted maintenance, and must conduct performance testing for all
size engines.

H. Streamlined Compliance Requirements

In the final NESHAP, EPA has included a provision that states that
owners and operators of new and reconstructed stationary engines less
than 500 HP located at major sources and new and reconstructed
stationary engines located at area sources (except stationary 4SLB
engines between 250 and 500 HP) will be in compliance with the NESHAP
requirements if they meet the requirements of the SI NSPS (40 CFR part
60, subpart JJJJ) or the CI NSPS (40 CFR part 60, subpart IIII), as
applicable.

V. Summary of Responses to Major Comments

A more detailed summary of comments and EPA's responses can be
found in the Summary of Public Comments document, which is available
from the rulemaking docket (see ADDRESSES section).

A. Compliance Dates

Comment: Several commenters stated that more time is needed to
comply with the final rule for owners, operators, and manufacturers.
Two commenters said that because there are no existing Federal
requirements affecting the vast majority of stationary SI engines and
due to the complexity of the regulation, more time is needed to develop
the testing and compliance systems for the proposed requirements. Also,
two commenters added, that the first compliance date of July 1, 2007,
actually occurs prior to the anticipated publication date of the final
rule. One commenter expressed that such a regulatory mandate is
impractical and unworkable considering the uncertainty of the final
regulatory requirements. One commenter believes that an implementation
date of January 1, 2008, is unreasonable. This commenter believes that
the engine control technology requires significant changes to meet the
proposed standards and recommended the implementation date be January
1, 2009, to allow proper development and application time. This
commenter explained that a minimum of 12 months is required for
manufacturer development and testing such as catalyst configuration
changes and component specification for additional engines and fuel
types not certified to 40 CFR part 1048. In addition, any deterioration
factor service accumulation time required will take 6 months to
complete, according to one commenter. Once the development of the
systems are complete, this commenter said that it will take
manufacturers a minimum of 6 months to apply, or ``roll out,'' this
technology to the equipment manufacturer base. The commenter bases this
comment on the experience in implementing the large SI nonroad engine
regulations (40 CFR part 1048), which began implementation in January
of 2004. One commenter requested that the initial compliance dates be
delayed 9 months from the proposed compliance dates. Another commenter
recommended that the initial compliance dates be delayed until at least
6 to 9 months following publication of the final rule in the Federal
Register. Sufficient lead time is required not only for manufacturers,
but also to allow the many thousands of owners/operators affected by
the regulation to be notified and educated regarding the rule's
requirements, according to a commenter. Finally, commenter 154 said
that subsequent compliance dates also should be delayed by the same
amount to assure that the requisite leadtime and stability periods are
preserved for manufacturers.
Response: Based on comments received on the proposed compliance
dates as summarized in the above comment and on various discussions
post-proposal with engine manufacturers, EPA agrees that it is
appropriate to extend the proposed compliance date of January 1, 2008,
that affected a variety of different engines, many of which are subject
to mandatory certification. In the final rule, EPA has provided an
additional 6 months for engines that had a compliance date of January
1, 2008 in the proposal. The compliance date in the final rule is July
1, 2008, for engines less than 500 HP. EPA believes that July 1, 2008,
will accommodate engine manufacturers and that 6 months will be
sufficient lead-time for both owners/operators and manufacturers. In
particular, EPA believes July 1, 2008, will provide manufacturers
enough time to prepare and complete the certification of new engines.
Although the technology already exists for reducing emissions to the
level required in the rule, an appropriate amount of time should be
provided in order to make the necessary arrangements for engine
manufacturers to obtain certification of their products and otherwise
assist affected parties prepare for the new standards. EPA's approach
is similar to the approach taken in the CI NSPS where sources were
required to comply before the final rule was issued, but some time was
provided prior to the requirement for mandatory certification. Sections
111 and 112 of the CAA define new engines to be all engines for which
construction is commenced following the date of the proposal and it is
routine for sources that commenced construction prior to the final rule
to be subject to standards under these provisions. Also note that the
certification program for large SI engines is voluntary so
manufacturers are not being forced to certify engines by those dates.
Only engines that are 25 HP or smaller or are gasoline or rich burn
LPG-fueled, which are directly related to nonroad engines that are
already subject to certification requirements and are also generally
smaller than 500 HP, must certify. This is one reason why EPA does not
believe that it is necessary to include additional lead-time for large
engines (i.e., those above 500 HP) and the compliance date remains as
proposed for these engines, i.e., July 1, 2007, with the exception that
EPA has granted a delay for certain engines until January 1, 2008,
which EPA discusses below.
Regarding the comparison with the large SI nonroad engine rule, EPA
notes that the proposal for that rule was published in October 2001,
over 2 years from initiation of a mandatory certification program. EPA
believes that the compliance dates provide adequate time for
manufacturers of engines and

[[Page 3579]]

owners/operators to make the necessary preparations and adjustments to
develop engines that comply with the emission standards. Additional
lead-time has been provided for certain engines, as discussed above, as
well as emergency engines. EPA has also provided additional lead-time
in order to meet the Stage 2 emission standards. With that said, EPA
notes that in the final rule that it has provided lean burn engines in
the size range of 500 HP or greater to less than 1,350 HP additional
lead-time. Engine manufacturers have indicated that it would be
problematic to meet the proposed compliance date. EPA believes that
providing engine manufacturers with a later compliance date will make
it possible to complete necessary development and implementation work
necessary in order to prepare these engines for compliance. More
information on this topic can be found in the docket to this rulemaking.

B. Final Hydrocarbon Emission Limits

Comment: Several commenters expressed some concerns with the
proposed non-methane hydrocarbons (NMHC) emission standards. One
commenter initially recommended a 1.0 g/HP-hr NMHC emissions limit as
being technically achievable for most engine applications. However,
several engine manufacturers have clarified that the information
submitted to EPA regarding achievable NMHC numbers did not include
aldehydes and other oxygenated hydrocarbon compounds in the totals.
Three commenters recommended that NMHC limitations exclude aldehydes
and other oxygenated HC. One commenter said that if the standard
includes aldehydes, then the emission standard of 1.0 g/HP-hr is not
achievable for most engines, since the initial recommendation the
commenter submitted was based on excluding aldehydes from the NMHC totals.
Three commenters requested that ethane be excluded from the
calculation of NMHC. They argue that ethane is not a VOC under 40 CFR
51.100(s)(1) and they say that ethane does not contribute to ozone
formation. The commenters also noted that natural gases with a relative
high content of ethane are primarily present in the western part of the
U.S. and commenter 139 provides information indicating that engines are
not able to meet the NMHC standards when using natural gas that is high
in ethane. Two commenters recommended that EPA examine alternative
standards, indices, and testing methods for hydrocarbon emissions.
Three commenters said that the parameter to be used for natural gas
fueled engines should exclude methane and ethane and have suitable
measurement techniques that are applicable in both factory and field
tests. One commenter said, if EPA decides to retain NMHC as the
appropriate parameter, then at a minimum, the level of the proposed
standards needs to be raised or clarification made that the measured HC
do not include aldehydes.
Three commenters recommended that if the NSPS includes an emission
limit for HC species, the limit should be for VOC (or non-methane non-
ethane (NMNEHC)) and not NMHC. Three commenters stated that VOC, not
NMHC, are the National Ambient Air Quality Standards (NAAQS) pollutant
regulated as an ozone precursor for stationary sources. The commenters
believe that most available data are reported as VOC rather than NMHC,
and owners/operators are very limited in their ability to assess
whether the data indicate that the proposed NMHC standard is achievable
for field performance tests. The commenters also believe that before
regulating NMHC for stationary engines, EPA should complete an analysis
to identify the potential benefit and cost of regulating ethane or
using NMHC as a surrogate for VOC for gas-fired engines, and ensure
that emissions data from field tests are available to substantiate the
basis for the standard.
Several commenters also expressed concern over the proposed test
methods for measuring NMHC. Commenters believe that the emissions test
methods should be consistent with the included hydrocarbon species, and
EPA Method 25 of 40 CFR part 60, Appendix A, should not be used for
determination of NMHC or VOC. The commenters support their claim by
saying that NMHC emissions are defined as THC emissions less methane
emissions. However, this definition needs further clarification to
exclude formaldehyde and oxygenates, because the emissions information
provided by manufacturers that serves as the basis of the standard does
NOT include aldehydes or other oxygenated HC. Non-methane hydrocarbon
measurements are typically conducted using a flame ionization detector
(FID) to measure THC and a FID or gas chromatography method to measure
methane. EPA Method 25A of 40 CFR part 60, Appendix A, uses a
continuous FID analyzer to measure exhaust gas THC. Method 18 separates
CH₄ (methane) from other exhaust gas species with a gas
chromatograph, and quantifies the methane with an appropriate detector.
Method 18 of 40 CFR part 60, Appendix A, allows exhaust gas to be
collected in a bag or continuously sampled. A flame ionization detector
poorly quantifies oxygenated hydrocarbon species. Formaldehyde, and to
a lesser extent acetaldehyde, methanol, and acrolein, have been
measured in natural gas-fired engine exhaust. The commenters agree with
EPA's conclusion that NMHC test methods are simpler and less costly to
implement than formaldehyde test methods and that NMHC testing will
reduce the testing burden while maintaining emissions compliance
assurance. Recognizing that measuring NMHC with a FID does not directly
measure formaldehyde and that the emission limits are based on
manufacturer data that do not include formaldehyde and other
oxygenates, it is important to understand that NMHC is used as a
formaldehyde surrogate, but NMHC, the regulated pollutant, does NOT
include formaldehyde under this standard. Thus, it is only appropriate
to allow test methods that do NOT measure formaldehyde or other
oxygenated hydrocarbons; therefore, EPA Method 25 should be excluded
from the final rule.
Response: We agree that the composition of certain western gas
(i.e. the high concentration of ethane) may make compliance with an
NMHC standard more difficult in some cases. As the proposed NMHC
standards were intended to ensure compliance with VOC and HAP reduction
requirements, and pursuant to 51.100(s) ethane is not a VOC, (nor is it
a HAP under CAA section 112(c)) we agree that expressing the standard
in terms of VOC, rather than NMHC is appropriate in this case. EPA's
final hydrocarbon standards for gaseous fueled and lean burn LPG
engines above 100 HP are presented as VOC standards, instead of NMHC
standards. For natural gas engines below 100 HP meeting the NMHC
standards in 40 CFR part 1048, the regulations do not require
measurement of ethane for testing in the field. EPA agrees that EPA
Method 25A does not measure formaldehyde and that all data gathered to
support the emission limit using this method would not have included
formaldehyde. However, EPA Method 25A would measure all other aldehydes
and other oxygenated organic compounds although the measured results
would be less than the actual concentrations in the gas stream. Even
though EPA Method 25A measurements for the other aldehydes and
oxygenated organic compounds would have been less than their true
values, EPA believes that in all cases the measured values would
represent substantially greater than 50 percent of the true value for
these compounds. Because these

[[Page 3580]]

compounds are accounted for to a significant extent in the database
supporting the emission limit it would not be appropriate to exclude
them from the definition of VOC. If EPA Method 25A is used to determine
compliance with the emission limit, the reduced response of the
aldehydes and other oxygenated organics will automatically be taken
into account, and the compliance demonstration will be consistent with
the procedures used to establish the emission limit. However, if one of
the alternative methods, such as EPA Method 18 or EPA Method 320 of 40
CFR part 60, Appendix A, is used, these methods will measure 100
percent of the aldehydes and other oxygenated organic compounds. The
results from these methods should be adjusted to account for the bias
in EPA Method 25A by multiplying the measured values of the aldehydes
and other oxygenated organics by the EPA Method 25A response factor for
each measured compound. In addition, when adding the masses of all of
the measured VOC from either of these two methods, the actual mass of
the aldehydes and oxygenated organics should be reported as the
equivalent mass on a propane basis. This will ensure that the results
from these two methods are reported on a basis that is consistent with
the procedures used to establish the emission limit.
EPA agrees that it is not appropriate to allow EPA Method 25 in the
final rule, and EPA has made this clear in the regulatory text. Since
the final emission standards are based on data that does not include
formaldehyde, it would not be appropriate to include Method 25 since
that method may capture that compound.
Further, the emission standards for VOC are based on data that does
not include formaldehyde and EPA agrees that it is appropriate to
specify that formaldehyde is not included in the final VOC emission
standard. EPA has made this clarification in the testing requirements
for VOC. In the final rule, EPA has replaced the proposed NMHC limits
in g/HP-hr with VOC limits in the same units. In addition, EPA has
specified VOC limits in terms of concentration (ppmvd at 15 percent
O₂). EPA believes, based on evidence, that a final standard
of 1.0 g/HP-hr and 0.7 g/HP-hr for VOC will be achievable for most
engines. (Certain engines, like engines burning landfill gases, are
subject to less stringent final standards.) The proposed NMHC emission
limits are essentially the same as the final VOC emission limits based
on how VOC is defined in the final rule. EPA has defined VOC according
to the definition provided in 40 CFR part 51, and has noted that
formaldehyde is, as discussed, excluded from calculation of VOC
emissions. The magnitude of the final VOC limits is the same as the
proposed NMHC limits and remain unchanged because the test methods used
to capture pollutants are essentially the same.
EPA recognizes that there may be variability in the ethane content
in natural gas and believes it would be appropriate to exclude ethane
from the final standard. Since EPA has replaced the proposed NMHC
standards with VOC standards in the final rule, and since VOC by
definition excludes ethane, this comment is resolved.
As discussed, EPA is finalizing emission standards in terms of VOC
not as NMHC, as proposed. Based on review of the emissions information
used to set the proposed standards for NMHC, comments received on the
proposal from industry, and meetings with various stakeholders post-
proposal, EPA believes it is more appropriate finalize a VOC standard
than an NMHC standard as a measure for HC compounds. Many State
regulations affecting stationary sources use VOC and VOC is a more
familiar term than NMHC to the regulated community. Emissions of NMHC
might be difficult to measure in the field and is a pollutant that has
typically been regulated through the manufacturer. Also, because of the
variability of ethane in natural gas fuel, VOC, since it excludes
ethane, it is more appropriate than NMHC.

C. Emergency Engine Standards

Comment: Several commenters were of the opinion that stationary
emergency engines should be exempt from the rule; at a minimum they
should be exempt from the emission standards. Two commenters were of
the opinion that a size-based exemption threshold or alternative
emission limits should be defined for emergency engines. One commenter
believes that the proposed NSPS notifications and reporting for small
emergency engines will be a cumbersome activity with little
environmental benefit. The commenter noted that in most cases emergency
engines operated less than 500 hours are not permitted or are
considered insignificant due to the limited potential to emit
emissions. The commenter requested that EPA consider exempting all
emergency engines less than 500 HP from the proposed NSPS and NESHAP
regulations. One commenter added that there is little data that show
that by regulating these small emergency engines there will be
significant environmental improvement. This commenter was of the
opinion that as long as hour records are kept to show the engines are
being operated in the manner addressed in the EPA white paper mentioned
above these engines should be considered insignificant emitters. One
commenter requested that EPA exempt stationary emergency engines from
the proposed requirements, other than monitoring and recording annual
operating hours by owners/operators to demonstrate the engines meet the
100-hour annual operating limitation.
One commenter recommended that emergency engines be exempted from
the NSPS and NESHAP. The commenter said that emergency SI engines
provide essential and needed services to owners/operators when the
normal supply of electricity is disrupted and often serve life-critical
functions in times of emergency. The proper operation and function of
emergency engines is an essential service, according to the commenter.
In addition, because emergency engines operate only during times of
emergencies and are limited in hours of operation for maintenance or
testing operation, emergency SI engines add minimal emissions to the
inventory of criteria or HAP emissions, the commenter added. Commenter
154 believes that there will be negligible emission reductions or
environmental benefits from fully applying the requirements of the
proposed rule to emergency SI engines. In addition, the commenter said
that including emergency engines within the regulations adds a
significantly large number of owners/operators to the affected
regulatory community, and thus significantly increases the reporting,
recordkeeping, and compliance costs of the proposed regulation. Since
emissions from emergency SI engines are small and the cost of
regulatory compliance and reporting are large, the imposition of NSPS
and NESHAP controls on emergency SI engines is not cost-effective,
according to the commenter.
Two commenters believe that a 400 HP exemption threshold or
alternative emission limits should be defined for emergency engines.
The commenters said that 4SLB engines are not available below 400 HP, a
size range that comprises the majority of emergency units in the oil
and gas industry. The proposed rules would require non-selective
catalytic reduction (NSCR) to be applied to these small engines;
however NSCR application to an emergency engine has inherent
complications, costs, and reliability issues, according to the commenters.

[[Page 3581]]

The proposed rule requires controls for emergency engines, whereas the
existing RICE MACT concluded controls for emergency units were not
necessary and the commenters believe that the proposed rule is
therefore more stringent than the existing RICE MACT.
Some commenters also requested that EPA provide an exemption for
reconstructed or modified rich burn emergency engines, which would also
require post-combustion control to meet the standards.
Two commenters said that if a size-based exemption is not included
in the rule, separate subcategories will be needed for emergency
engines based on size with emission limits for smaller units
commensurate with an uncontrolled rich burn engine, as well as an
exemption for existing rich burn emergency engines that are
reconstructed or modified.
Response: EPA disagrees that stationary emergency engines should be
completely exempted from the rule and also does not agree that
emergency engines should be exempt from emission standards. Emergency
engines are part of the source category and stationary internal
combustion engines and they represent a significant portion of the
engines being regulated under these combined rules, and their aggregate
emissions are not insignificant. EPA believes that their emissions can
be regulated in a manner that is cost-effective and not disruptive.
Moreover, given that EPA has already promulgated standards for
stationary CI emergency engines, failure to regulate SI emergency
engines may create a loophole in regulation. However, as discussed
below, EPA believes that a distinction in emission standards based on
size is appropriate to include for stationary emergency engines to
account for what types of engines and emission controls are available.
In addition, EPA agrees that alternative emission limits should be
finalized for emergency engines, consistent with the proposal that
recognizes a need for different emission standards for emergency
engines. The final standards do not require a second stage of more
stringent standards for emergency engines. For emergency engines equal
to or greater than 130 HP, the standards remain as proposed at 2.0,
4.0, and 1.0 g/HP-hr for NO_X, CO and VOC, respectively. As
discussed elsewhere in this document, EPA is also including the option
for owners and operators to meet these emission standards in terms of
concentration. However, for emergency engines below 130 HP, EPA has
found it appropriate to adopt less stringent emission standards in the
final rule. Based on information received post-proposal, EPA has
learned that there are lean burn engines currently in the market down
to 130 HP, and EPA, therefore, disagrees with the commenters who
requested a 400 HP exemption threshold or alternative emission limit
for emergency engines claiming that 4SLB engines are not available
below 400 HP. Information on these engines can be found in the docket.
The final emission standards for emergency engines below 130 HP are
commensurate with the emission standards that are achievable for rich
burn engines without aftertreatment and represent the maximum level of
control that is attainable for small emergency engines without using
aftertreatment. EPA agrees that requiring NSCR for these engines raises
complications and reliability issues that are inappropriate for this
subcategory. The final rule requires emergency engines greater than 25
HP and below 130 HP to meet a NO_X+HC standard of 10.0 g/hp-
hr and a CO standard of 387 g/HP-hr. These emission standards are
consistent with the Phase II standards that apply to Class II nonroad
engines.
EPA does not believe that the recordkeeping requirements for
emergency engines will be significantly burdensome. Emergency engines
have to maintain records hours of operation (of emergency and non-
emergency use) to ensure they are not operated beyond the 100-hour
limit of the rule. Small emergency engines, i.e., those less than 130
HP will be required to begin recordkeeping immediately. However, since
there is no difference between the emission standards for emergency and
non-emergency engines above 130 HP until the stage 2 emission standards
become effective for non-emergency engines, these larger emergency
engines do not have to begin recording hours of operation and keep
records of total hours of operation until July 1, 2010 or January 1,
2011, depending on whether the emergency engine is greater than or
equal to 500 HP or below 500 HP, respectively.
EPA has made simplifications in the final rule that would affect
emergency engine compliance requirements. In the final NESHAP, EPA has
included a provision that allows emergency engines subject to the
NESHAP that are new or reconstructed and equal to or less than 500
brake HP located at a major source of HAP emissions or located at an
area source of HAP emissions to meet the requirements of the NESHAP by
demonstrating compliance with the SI NSPS. EPA believes that this
provision greatly reduces the compliance burden for owners and
operators of emergency engines and overall simplifies the compliance
process. Further, under the final SI NSPS, engines less than 100 HP
that are certified or that were certified, but are operated in a non-
certified manner will not be subject to any performance testing. This
would include emergency engines.
EPA recognizes that this final rule is more stringent than the
existing RICE NESHAP covering stationary engines greater than 500 HP at
major sources, but EPA sees nothing improper about adopting more
stringent standards affecting emergency engines under this rule. EPA
often promulgates more stringent requirements in rules subsequent to
initial rules regulating a source category. Emergency engines covered
by the previous NESHAP are not subject to this rule. Only new, modified
or reconstructed engines installed after the publication date of the
notice of proposed rulemaking for this rule are subject to the more
stringent requirements, except that EPA has added explicit limitations
on use of emergency engines for peak shaving and supplying power to an
electric grid or that supply power as part of a financial arrangement
with another entity.
Regarding the request for an exemption for modified and
reconstructed rich burn emergency engines, EPA disagrees that an
exemption should be provided. The overall goal of the statute for
modified and reconstructed engines is that older engines that are being
modified or reconstructed should be subject to relatively the same
standards as new engines. This reduces the incentive for owners and
operators to continue to use older dirtier engines for very long
periods beyond their normal life. It is not impossible to apply add-on
controls to emergency engines.

D. Emergency Engine Definition

Comment: One commenter stated that the proposal sets separate
standards for new emergency engines, but fails to impose enforceable
limits so that these engines will be used only in clearly defined
emergencies. The commenter strongly supports EPA's specification of
emissions standards for emergency engines and to require that emergency
engines be equipped with non-resettable meters. In addition to these
requirements, the commenter said that EPA must require that emergency
engines that do not meet otherwise applicable emissions limits be
labeled as such. Additionally the commenter said that EPA must tighten
the definition of a stationary emergency engine. According to the
commenter, by

[[Page 3582]]

allowing emergency engines to run for an unlimited number of hours
during emergency situations, but failing to provide a clear definition
of what constitutes an emergency situation or emergency operation, the
proposed rule leaves a highly problematic loophole. The commenter
further noted that since the requirements for emergency engines are not
as stringent as those for non-emergency engines, there could be a
positive economic incentive for consumers to purchase an emergency
engine even if that is not the engine's intended use. To close this
loophole and effectuate the rule's intent, the commenter said that EPA
must provide an unequivocal definition of what constitutes an emergency
situation and emergency operation. The commenter advocated that a clear
and stringent definition is needed to prevent operators of emergency
engines from running these engines for an unlimited number of hours
without triggering the more stringent Phase 2 controls required of non-
emergency engines.
EPA's proposed definition does preclude one specific activity from
being classified as an emergency situations (i.e., peak shaving), but
it is otherwise far too general. According to the commenter, by
including only examples of what constitutes an emergency engine, EPA is
leaving the definition open to too much interpretation. The commenter
recommended that at the least, the definition of an emergency engine
should replicate the language used for stationary CI engines in stating
that ``Stationary (CI) ICE used to supply power to an electric grid or
that supply power as part of a financial agreement with another entity
are not considered to be emergency engines.''
The commenter further suggested that the following elements be
incorporated into the definition of an emergency stationary internal
combustion engine:
• The definition should require that the situation be truly
unforeseeable, beyond the control of the owner or operator, and not
part of any contractual obligation. In particular, the definition
should exclude operation for purposes of supplying power for
distribution to the electric grid and operation for training purposes.
• The definition should exclude equipment failure or other
failure to comply with any environmental law caused by improperly
designed equipment, lack of preventive maintenance, careless or
improper operation, or operator error. This will ensure the proper
incentives are in place for care and maintenance of non-backup engines.
The commenter also said that if EPA finalizes its intent to allow
natural gas-fired stationary SI engines to operate on propane fuel for
up to 100 hours per year for emergency operations, a comprehensive
analysis should be undertaken to evaluate the full emissions
implications of what appears to be a somewhat arbitrary relaxation of
the proposed standards.
Response: EPA agrees that requiring emission standards for
stationary emergency engines and requiring that emergency engines be
equipped with non-resettable hour meters, but disagrees that the
definition of emergency engine creates a loophole. EPA believes it
proposed an adequate definition and it is not possible to include every
possible situation that might constitute an emergency in the
definition. EPA agrees that it is important to provide language that
minimizes the possibility of affected sources avoiding more stringent
requirements. EPA believes the definition is clear, and furthermore,
believes that the requirement to keep records of the hours of operation
of the engine in emergency and non-emergency situations will prevent
misuse. EPA does agree with the commenter that it is appropriate to
tighten the definition as far as precluding certain activities and has
included in the definition of emergency engine that stationary SI ICE
used to supply power to an electric grid or that supply power as part
of a financial arrangement with another entity are not considered to be
emergency engines. This language is consistent with the final CI NSPS.
As for the comment related to labeling of emergency engines, EPA
proposed in Sec. 60.4242(d) that manufacturers label their emergency
engines that only meet the emergency engine emission standards as such
and that the engine is for emergency use only. This requirement has
been retained in the final rule, and EPA believes this satisfies the
commenter's concern on this topic.
Regarding the comment on EPA's provision allowing natural gas-fired
stationary SI engines to operate on propane fuel for up to 100 hours
per year for emergency operations, EPA included that provision to
provide flexibility in emergency situations when the main fuel may not
be available. EPA believes such an allowance is appropriate and does
not expect that emissions will be significantly affected by including a
provision to operate on propane for 100 hours per year for emergency
purposes. Numbers EPA has available, which are presented in information
included in the docket to the proposed rule, show that regulated
pollutant emissions (NO_X, CO, and VOC/NMHC/THC) from engines
running on propane are the same or lower than emissions from engines
running on natural gas (rich burn and lean burn), with a few
exceptions. Therefore, for the reasons provided, it is not expected
that the propane allowance will significantly affect emissions and EPA
has retained the propane use allowance in the final rule.
Comment: Two commenters believe that the emergency engine
requirements in the proposed NSPS/NESHAP are more restrictive than the
requirements in the RICE NESHAP. The commenters believe the proposed
rules should be amended to be consistent with the emergency engine
definition and exemption provided in the RICE NESHAP. Two commenters
said that the emergency engine definition in the existing RICE MACT
that was developed based on input and review from a broad stakeholder
group should be retained. The commenters believe that the proposed rule
substantially and materially alters the definition as follows:
• Maintenance and readiness testing limited to 100 hours per
year versus no time limit on the use of emergency stationary RICE for
routine testing and maintenance.
• Elimination of an additional 50 hours per year in non-
emergency situations.
• Requirement to maintain documentation for maintenance and
testing operation to ensure the 100 hour per year limit is not exceeded.
• Maintenance and readiness testing operation provisions as
recommended by third party Federal, State or local government, the
manufacturer, the vendor, or the insurance company associated with the
engine has been introduced.
The commenters believe that the current NESHAP places no
restriction on the use of emergency stationary RICE in emergency
situations and for routine testing and maintenance. In addition, it
offers an additional 50 hours per year in non-emergency situations.
This clause was included as an outcome of the industrial combustion
coordinated rulemaking (ICCR) process to provide adequate time to tests
systems related to the emergency unit. For example, firewater systems
where engine checks are necessary, and a systems check is also required
and may be completed as part of a safety exercise. Commenter 150
believes that EPA has confused the additional non-emergency allocation
with a perceived hour restriction for

[[Page 3583]]

annual maintenance and readiness checks.
Also, the commenter stated that in consideration relative to the
RICE MACT, the proposed NESHAP amendments broaden the category of
affected equipment to include units that are less than or equal to 500
HP and area sources. With more stringent criteria in the proposed rule,
the commenter believes that EPA is requiring more stringency for small
engines and area sources than what was deemed necessary for larger
engines under the existing RICE MACT. Further, the added burden and
cost associated with documenting and maintaining records describing why
the engine was operating must be assessed and the benefit for this
requirement rationalized. As an alternative to continuing with the
revised definition in the proposed rule, the commenters recommend that
the current definition be retained.
Response: It is true that EPA proposed a more stringent emergency
engine definition and requirements as compared to the existing RICE
MACT emergency engine definition. Regarding the commenters' request to
retain the existing RICE MACT definition, EPA believes that keeping the
proposed definition is appropriate for the most part. EPA recognizes
that the existing definition was based on input and review from
industry, and EPA is not ignoring the products of the ICCR process nor
the extensive participation and commitment of industry members.
However, EPA has learned a lot since the ICCR process from 10 years ago
and knows now that there are health consequences for failing to
regulate emergency engines and for having a broad definition that
allows engines that are used for more than emergencies to emit at
higher levels. EPA feels the existing RICE MACT definition of emergency
engines was not given appropriate restrictions and would
unintentionally allow significant operation of an engine in non-
emergency situations such as the unlimited maintenance allowance.
Based on vast information received since the time of the ICCR
process and the RICE MACT rulemaking, EPA has concluded that it is
appropriate to limit the hours of operation during maintenance and
testing to 100 hours per year. The issue of allowable hours for
maintenance and testing was discussed extensively under the CI NSPS
rulemaking and more information can be found in the final CI NSPS rule
(71 FR 39153) and Responses to Comments (RTC) document (see EPA-HQ-OAR-
2005-0029-0324). EPA recognizes that the existing RICE MACT places no
restriction on the use of emergency engines in emergency situations and
for routine maintenance and testing. EPA agrees that is appropriate to
retain a no time limit on the use of emergency stationary engines in
emergency situations; however, does not agree that routine maintenance
and testing should be unlimited. Again, EPA has gained much information
regarding emergency engine operation since the ICCR process a decade
ago and must consider environmental and health consequences for failing
to regulate the operation of emergency engines appropriately and
prevent loop-holes. Numerous comments received during the public
comment period for NSPS for stationary CI engines argued that EPA
should allow 100 hours per year for emergency engines to conduct
necessary maintenance and testing. Based on those comments, EPA
continues to believe that it is appropriate to finalize a 100 hours per
year limit for maintenance and testing operation for emergency engines
under the NSPS. EPA disagrees that maintenance and testing should be
unrestricted. However, EPA believes it is crucial to allow sufficient
hours for maintenance and readiness testing to ensure that the
emergency engine will respond as expected in the event of an emergency,
and EPA believes that 100 hours per year is adequate.
The commenters expressed particular concern over the elimination of
the additional 50 hours per year for non-emergency situations included
in the original RICE MACT emergency engine definition, but excluded
from the proposed requirements affecting emergency engines in this rule
and EPA understands the commenters' concerns. It is true that in the
preamble to the proposed rule, EPA confused the existing 50 hours per
year currently allowed for non-emergency operation in the RICE MACT
with the 100 hours per year for maintenance and readiness checks, and
may be, as the commenters indicated, a result of comparing the SI NSPS
too closely to the CI NSPS that was recently promulgated. Industry has
expressed that it might be forced to use portable emergency engines
instead of stationary emergency engines to avoid certain requirements
of the rule and indicated that the portable engines will be dirtier
than the stationary engines. EPA certainly does not wish to create such
outcome of the rulemaking and therefore believes it is appropriate to
allow owners/operators to operate their engines for 50 hours per year
for non-emergency purposes and has made that clarification in Sec.
60.4243(d) of the final rule. However, EPA is concerned that if
stationary emergency engines are allowed to operate in non-emergency
situations they may be inappropriately used for peaking power. In
response to EPA's concern, industry has noted that its intent is not to
use stationary emergency engines for peaking purposes. Even so, EPA has
specified that the 50 hours allowed for non-emergency situations cannot
be used 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. If this happens, the engine is no
longer considered to be an emergency engine and the engine would be
required to meet the non-emergency engine emission standards, which are
more stringent. In addition, the allowed 50 hours of operation for non-
emergency situations must be within the currently allowable 100-hour
total for purposes of maintenance and testing. In other words, the
total hours of operation per year cannot exceed 100 hours for purposes
of maintenance and testing and for running the engine for non-emergency
purposes.
Regarding the requirement to maintain records to ensure the 100-
hour limit is not exceeded for emergency engines as specified in Sec.
60.4245(b) of the proposed rule, EPA feels this requirement is
necessary and appropriate. This requirement is consistent with the
final CI NSPS (see 40 CFR 60.4214(b)). To ensure compliance with the
100-hour limit, EPA must require recordkeeping for all operation of
emergency engines, emergency situations as well as required testing.
This is a reasonable way to enforce this limit to ensure that the non-
emergency hours of operation are not exceeded beyond allowable limits.
Clearly, this requirement yields environmental benefits since it will
limit the likelihood that sources subject to the rule that operate
emergency engines would exceed the 100-hour annual non-emergency limit.
As noted in the RTC document for the final CI NSPS, many States require
reporting of both emergency and non-emergency use, e.g., the California
ATCM requires a monthly log of all operation by emergency engines.
Also, certain facilities already maintain such documentation, e.g.,
operating hours and operating conditions are currently maintained at
hospitals. EPA wishes to prevent owners/operators from operating
emergency engines illegally and circumventing the regulation and
believes the additional recordkeeping requirements will greatly enhance
EPA's ability to enforce this requirement. The

[[Page 3584]]

requirement will ensure that there is documentation that the engine was
operating in emergency situations when it was running beyond the annual
limits permitted for maintenance and testing. There is no annual cap on
the hours of operation during an emergency situation, but it is
important to have documentation that such operation was indeed for
emergency purposes. As noted, owners/operators of emergency engines
already keep documentation of when and why such engines were operated
so EPA feels the recordkeeping requirement is no significant additional
burden.
However, EPA does believe it is necessary to clarify that emergency
engines above 500 HP at major sources that were installed prior to the
proposal date for this rule (June 12, 2006), but after the proposal
date (December 19, 2002) for the previous RICE MACT (and thus, new
emergency engines under 40 CFR part 63, subpart ZZZZ, and subject to
the old rule) should be governed by the old definition of emergency
engines, except that the definition includes the clarification that
emergency engines do not include engines used for peaking power or to
supply power to an electric grid or otherwise supply power as part of a
financial arrangement with another entity. This clarification has been
made to the definition of emergency stationary RICE in section 63.6675
of the final rule. EPA believes this clarification addresses some of
the commenters' concerns on this issue.
Comment: One commenter stated that by reducing the scope of engines
that qualify as ``emergency engines,'' the proposed revision could
expand the universe of engines that are subject to more stringent
NESHAP requirements. Commenter 145 believes that its member utilities
would be directly affected, since they deploy emergency engines to
support their obligation to deliver energy to customers safely and
reliably. In addition, this revision would impact utility customers who
deploy emergency engines, such as hospitals and nursing homes, since
there is no minimal size threshold on the engines affected by the proposal.
Response: EPA disagrees that the rule necessarily expands the
universe of engines that are subject to the standards applicable to
non-emergency engines. Operation of engines during emergencies is not
restricted by the rule and if an engine is truly an emergency engine,
it would not be subject to more stringent requirements. Available
information indicates that emergency engines operate on average about
50 hours per year, which includes the hours spent for maintenance and
testing purposes. EPA recognizes that there may be stationary emergency
engine applications that operate beyond 50 hours per year for
maintenance and testing purposes, which is why EPA proposed a 100-hour
allowance for such purposes. EPA received numerous comments on the
testing and maintenance allowance on the proposed CI NSPS. Based on the
number of commenters who indicated that the proposed maintenance and
testing allowance of 30 hours per year was not enough, EPA chose to
increase the number to 100 hours per year, which was consistent with
what commenters recommended. Even though the original RICE NESHAP
covering stationary engines greater than 500 HP located at major
sources did not have a time limit on the use of emergency stationary
engines for routine testing and maintenance, EPA believes that
providing 100 hours per year is more than sufficient. In those few
cases where 100 hours is not sufficient, EPA has included the provision
allowing owners/operators to petition for additional hours (unless the
owner/operator maintains records indicating that Federal, State, or
local standards require maintenance and testing of emergency ICE beyond
100 hours per year, in which case, a petition is not necessary.) Note,
however, that in the final rule, EPA has made it clear that ``new''
engines affected by the NESHAP that are installed prior to the proposal
of the NSPS would be covered by the old definition included in the
original NESHAP at 40 CFR part 63, subpart ZZZZ. In addition, EPA has
specified that 50 of the 100 hours allowed for maintenance and testing
can be use for non-emergency purposes.

E. Manufacturer O&M Requirements

Comment: Several commenters expressed concern over the proposed
requirements requiring owners/operators to operate and maintain SI ICE
according to the manufacturer's written instructions or procedures
developed by the owners/operators that are approved by the engine
manufacturer. One commenter believes that compliance requirements
should reflect best practices developed by the owners/operators with
experience with using the engines in the field. Another commenter felt
that the manufacturers do not have the long-term experience in
operating and maintaining these engines in the field and recommended
that the proposed NESHAP allow owners/operators to use the existing
maintenance requirements of the General Provisions of both the NSPS (40
CFR part 60, subpart A) and the NESHAP (40 CFR part 63, subpart A)
rules to meet the requirements of this rule.
One commenter recommended for voluntarily certified engines, the
owners/operators be given a choice of either accepting the
manufacturers certification or opting for a ``verification program''
modeled after the performance testing of Sec. 60.4243(d)(2) of the
proposal.
One commenter expressed that it is in general agreement that
owners/operators should maintain their SI ICE in accordance to the
original manufacturer's specifications for larger engines. However, the
commenter had concerns about imposing these requirements on limited use
and small engines. The commenter believes that this requirement does
not appear to be commensurate with the environmental impact.
One commenter expressed that the operation and maintenance (O&M)
requirements in manufacturer's manuals is too stringent and inflexible
and needs to be changed and stated that engine manufacturers do not
want to become involved in approving or reviewing procedures developed
by owners/operators. The commenter added that in many cases, owners/
operators of stationary engines have developed and follow their own O&M
procedures and have extensive experience in operating their engines to
optimize performance and life in their specific applications within
regulatory emissions limits. Further, the commenter said, owners/
operators of non-certified engines are required to conduct performance
testing to assure compliance. Therefore, since these owners/operators
will use other means to assure compliance, there should not be a
regulatory requirement to follow manufacturer's procedures, the
commenter expressed. However, if EPA includes the requirement to follow
engine manufacturer's procedures in the final rule, the referenced
procedures should be limited to those required to maintain emissions
control, the commenter said, and recommended that EPA develop a suite
of options and requirements to assure compliance as follows:
• For certified engines, owners/operators should be required
to set up the engine and follow manufacturers' recommended maintenance,
but only for systems or components that affect emissions.
• For non-certified engines, appropriate emissions testing
and monitoring should be all that is required.
• In addition, owners/operators should be able to purchase a certified

[[Page 3585]]

engine but operate it according to their own procedures. In that case,
appropriate emissions testing and monitoring should be all that is required.
One commenter's objection to the proposed requirement to follow the
manufacturer's procedures was based on the assertion that most
operators of these engines have developed proprietary procedures for
their engines, varying from region to region and across the broad
spectrum of applications of these engines; that reviewing procedures
would subject engine manufacturers to an administrative burden. This
requirement is unnecessary, the commenter noted, because owners/
operators bear responsibility for compliance, and are already required
to demonstrate such compliance through extensive testing.
Two commenters requested that EPA allow owners/operators to define
O&M requirements for gas-fired engines, rather than the manufacturer
O&M. These two commenters stated that owners/operators have developed
and refined O&M practices to address the specific challenges, rigor,
and accessibility of their application. However, if EPA chooses to
mandate manufacturer O&M, then the commenters requested that the
manufacturers be required to reasonably review and approve
alternatives, and the cost of the program be borne by the manufacturer.
One commenter stated that allowing owners/operators to follow their own
O&M procedures is consistent with the requirements of the subpart A
General Provisions. The commenter stated that the EPA should clearly
indicate that owners/operators of gas-fired engines can choose
compliance monitoring based on owners/operators defined O&M and
periodic tests even if a certified engine is available.
Response: EPA agrees with some of the comments received on the
issue of operating the engine according to manufacturer O&M procedures.
EPA agrees that any requirement to operate and maintain engines
according to manufacturer instructions should be limited to emission-
related operation and maintenance. In addition, in the final rule, EPA
has not included the requirement for owners/operators of non-certified
engines to operate and maintain their engines according to the
manufacturer's written instructions or procedures developed by the
owners/operators that are approved by the engine manufacturer. Instead,
owners/operators will be required to operate and maintain their engines
in a proper manner, consistent with their own maintenance plan. Owners
and operators of non-certified engines will be required to keep records
of the maintenance performed on the engine. In addition, EPA is
requiring performance testing of non-certified engines to demonstrate
compliance with the emission standards, consistent with the proposal.
Based on information received during the final rulemaking and in
public comments, EPA does not believe it is appropriate to require
manufacturer O&M procedures for all owners/operators of certified
engines without allowing alternative procedures and is therefore
providing an alternative option to owners/operators. However, if an
owner/operator has a certified engine that it wishes to operate
according to its own well-established procedures based on its own
experience with operating that engine (or engines), that particular
engine that was originally certified will no longer be considered
certified and the engine must be tested. EPA will consider that engine
to be operating in a non-certified manner, and will require testing if
the engine is greater than or equal to 100 HP. Engines below 100 HP
operating in a non-certified manner will be exempt from performance
testing, but are required to keep a maintenance plan and records. EPA
wishes to encourage the certified route for smaller engines and expects
that the majority of engines in this size group will be certified.
Engines greater than or equal to 100 HP and less than or equal to 500
HP will be required to conduct a performance within 1 year of startup
to demonstrate compliance with the emission standards. These engines
will in addition be required to keep a maintenance plan and records of
conducted maintenance. Engines greater than 500 HP will in addition to
conducting a performance testing within 1 year of startup, also have to
conduct subsequent performance testing every 8,760 hours or 3 years
(whichever comes first) thereafter.

F. Streamlined Compliance Requirements

Comment: Commenters asserted that the proposed rule is complex
partly due to having a combined rulemaking. One commenter stated that
the proposed rule is too complex for most small oil and gas operators
to be able to fully understand and evaluate. The commenter also
believed that the proposed rule requires a person with significant
knowledge and experience with CAA rules and requirements to understand
it. One commenter stated that the proposed rulemaking added much
complexity to the 2004 rulemaking for stationary RICE greater than 500
HP located at major sources, as it combined the adoption of a new NSPS,
the expansion of the 2004 requirements to smaller sources, and the
addition of the section 112(k) of the CAA requirements covering HAP
emissions at area sources. The commenter believed that this complex
interweaving of the area source requirements with the major source
requirements make the rule very difficult to follow relative to area
sources. This commenter recommended that EPA separate the major source
from the area source requirements and suggested that one way of doing
this would be to establish two separate subparts in 40 CFR part 63 for
stationary RICE; one to cover area sources and another to cover major
sources. According to the commenter, this approach would simplify and
clarify the rule for small businesses and the various State and local
agencies. In addition, the commenter recommended that EPA avoid similar
interweaving of requirements, and strive to create simpler, easier to
understand area source rulemakings under section 112(k) of the CAA in
the future.
Two commenters were concerned that there are conflicting or
duplicate requirements between the proposed NSPS, existing nonroad
regulations, the RICE NESHAP, and the currently proposed NESHAP.
Specifically, the existing RICE NESHAP requirements for formaldehyde
and the currently proposed emission limit for non-methane hydrocarbons
(NMHC) to control HAP are duplicative and may lead to conflicting or
impractical reduction requirements for some engines, or may be
technically infeasible, the commenters said. Other commenters noted
that stationary natural gas engines greater than 500 HP located at a
major source are required to comply with 40 CFR part 63, subpart ZZZZ,
and the NSPS NMHC limits. According to one commenter, it also creates
confusion, since it may not be technically feasible to meet the various
standards required in the NSPS and the NESHAP simultaneously. Three
commenters recommended that all engines greater than 500 HP and all
4SLB engines greater than 250 HP located at major sources be exempt
from meeting the NMHC NSPS standards. The emissions controls needed to
meet the NESHAP standards applicable to those engines are sufficient to
reduce HAP and other HC emissions. Elimination of the NMHC standard for
that group of engines in the NSPS will simplify the rules, eliminate
confusing, redundant, and possibly conflicting

[[Page 3586]]

requirements, and will relieve owners/operators from unnecessary
testing and monitoring requirements, according to commenters.
Response: EPA believes that the approach taken to have a combined
rulemaking is more effective than having separate rules for the same
types of facilities and will help reduce burden and EPA also believes
that having a combined rulemaking, as well as regulations that refer to
one another and are promulgated concurrently, actually simplifies
compliance for affected sources. Commenters are reminded that Congress
requires EPA to promulgate standards under both sections 111 and 112 of
the CAA, which requires that owners and operators of sources covered
under both sections are required to meet standards under both sections.
However, EPA has made a major simplification in the final rule and has
included a provision in section 63.6590 of the final NESHAP that
owners/operators of new and reconstructed engines less than 500 HP
located at major sources (except new and reconstructed 4SLB engines
between 250 and 500 HP) and engines located at area sources will be in
compliance with the NESHAP if they are in compliance with the NSPS.
This approach is substantively the same as the approach in the notice
of proposed rulemaking, at least in terms of emission requirements, but
EPA believes this approach more clearly streamlines and simplifies
compliance and greatly reduces the complexity that may be associated
with demonstrating compliance for owners/operators and makes the rule
easy to understand for all parties affected, including small business
owners and State and local agencies. Additionally, for the most part
the only thing required from small engine owners/operators is that they
purchase a certified engine, which EPA believes will be available for
most, if not all, of the smaller engines, and operate the engine
according to the manufacturer's specifications. EPA further notes that
even for non-certified engines, requirements are reduced, especially
for smaller engines. However, EPA appreciates the commenters' concerns
and has made changes to the proposed rule that will further help affected
parties understand and evaluate the requirements, as discussed above.
EPA understands the commenters' concerns and agrees that there may
be some duplication in the proposed rule and has taken steps in the
final rule to simplify the compliance process for owners/operators by
removing potential duplicative and/or conflicting requirements.
Specifically, EPA realizes that certain engines will be subject to two
sets of emission standards and regulations. New engines over 500 HP
located at major sources would be subject to the NESHAP as well as the
NSPS. Stationary 4SLB engines between 250 and 500 HP located at major
sources would also be subject to the NESHAP and NSPS. EPA does not
agree with the commenters that recommend that EPA exempt all engines
greater than 500 HP and 4SLB above 250 HP at major sources from meeting
the NSPS NMHC (now VOC) standard. These stationary engines will be
required to comply with both regulations. One regulation addresses HAP
emissions and the other regulation addresses criteria pollutants. The
commenters provide no data or analysis indicating that it would be
infeasible to meet both regulations, and EPA has shown that the
standards under both regulations are feasible.
For the current 40 CFR part 63, subpart ZZZZ, EPA did not find that
there is a good relationship between CO emission concentration or CO
emission reductions and HAP emission concentrations or HAP emission
reductions from rich burn engines equipped with NSCR. Therefore, in
that rule, EPA could not use CO as a surrogate for HAP for rich burn
engines. For that reason, EPA cannot exempt stationary rich burn
engines from either regulation, and rich burn engines greater than 500
HP located at major sources have to comply with the formaldehyde
emission standard in the RICE NESHAP (percent reduction or
concentration limit) and the NO_X, CO, and VOC emission
standards in the SI NSPS.
However, for SI lean burn engines, under the existing RICE NESHAP,
EPA established a good relationship between CO emission reductions and
HAP emission reductions from 4SLB engines with oxidation catalyst
systems. Therefore, EPA concluded that CO emission reductions could
serve as a surrogate for HAP emission reductions for SI lean burn
engines with oxidation catalysts. Since the existing RICE NESHAP
contains emission standards for CO and formaldehyde that are based on
the application of oxidation catalysts, it makes sense to exempt these
engines from the CO emission standard under the SI NSPS, which would be
less stringent than the NESHAP CO standard. For this group of engines,
and for 4SLB engines between 250 and 500 HP located at major sources,
EPA believes it is more appropriate and reasonable to exempt the
engines from the CO standard in the NSPS, since that is the same
pollutant that they are testing for in the NESHAP, rather than the VOC
standard. Based on comments received and other information analyzed
post-proposal, EPA believes that CO is a more appropriate surrogate for
formaldehyde than VOC for SI lean burn engines and EPA does not believe
VOC should be used as a surrogate for HAP. EPA recognizes that it
proposed exempting 4SLB engines between 250 and 500 HP at major sources
from the NSPS NMHC standard, but based on new information comments
submitted by EUROMOT (EPA-HQ-OAR-2005-0030-0039), EPA now believes that
CO is more appropriate and consistent with the NESHAP for 4SLB engines.
Therefore, SI lean burn engines greater than or equal to 250 HP located
at major sources that comply with the RICE NESHAP only have to comply
with the NO_X and VOC standard in the SI NSPS. EPA has
included this provision in Table 1 to the final NSPS.

VI. Summary of Environmental, Energy and Economic Impacts

A. What are the air quality impacts?

The final rule is estimated to reduce NO_X emissions from
stationary SI ICE by an estimated 77,000 tons per year (tpy), CO
emissions by about 45,000 tpy, VOC emissions by about 2,000 tpy, and
HAP emissions by approximately 800 tpy in the year 2015. Of the 800 tpy
of HAP reduced in 2015, it is expected that about 86 tpy will be the
result of requirements under the RICE NESHAP. The final rule is
estimated to reduce NO_X emissions by 84,000 tpy, CO
emissions by 49,000 tpy, VOC emissions by 2,400 tpy, and HAP emissions
by 900 tpy in the year 2020. Of the 900 tpy of HAP reduced in 2020, it
is expected that about 100 tpy will be the result of requirements under
the RICE NESHAP. The final rule is estimated to reduce NO_X
emissions by 99,000 tpy, CO emissions by 56,000 tpy, VOC emissions by
3,000 tpy, and HAP emissions by 1,000 tpy in the year 2030. Of the
1,000 tpy of HAP reduced in 2030, it is expected that about 120 tpy
will be the result of requirements under the RICE NESHAP.
EPA estimates that a total of about 150,000 stationary SI engines
will be affected by the final rule by the year 2015. A total of 433,000
stationary SI engines will be affected by the year 2030. An estimated
623,000 stationary CI engines will be affected by the final rule by the
year 2015. However, stationary CI engines affected by the final rule
would also be subject to the CI NSPS. Further information regarding the
estimated reductions of the final rule can be found in the memorandum
entitled ``Cost Impacts and Emission Reductions Associated with
Proposed NSPS for Stationary SI ICE and

[[Page 3587]]

NESHAP for Stationary RICE,'' which is available in the docket.

B. What are the cost impacts?

The total national capital cost for the final rule is estimated to
be approximately $44 million in the year 2015, with a total national
annual cost of $19 million in the year 2015. Total national capital
cost for the RICE NESHAP portion of the final rule are $3 million in
2015 with a total annual cost of also $3 million in 2015. In the year
2020, the total national capital and annual costs for the final rule
are estimated to be $47 million and $20 million, respectively. Total
national capital cost for the RICE NESHAP portion of the final rule are
$3.5 million in 2020 with a total annual cost of $3.5 million in 2020.
In the year 2030, the total national capital and annual costs for the
final rule are estimated to be $54 million and $22 million,
respectively. Total national capital cost for the RICE NESHAP portion
of the final rule are $4.2 million in 2030 with a total annual cost of
$4.3 million in 2030.

C. What are the benefit estimates?

EPA estimates the monetized benefits of this final rule to be about
$220 million (2005$). This estimate of benefits reflects the use of the
Pope et al. (2002) PM_2.5 mortality estimate. EPA recognizes
the uncertainty associated with this estimate and readers may refer to
the benefits chapter of the Regulatory Impacts Analysis for a
discussion of the range of benefits estimated for this rule. To
estimate the human health benefits of NO_X emission
reductions from stationary SI engines, EPA followed an approach and
methodology described in the Technical Support Document (TSD)
accompanying EPA's 2007 benefits analysis of the proposed changes to
the National Ambient Air Quality Standards for Ozone. In this analysis,
EPA applied dollar per ton benefit transfer coefficients. These benefit
per ton estimates relate a one-ton reduction in a given
PM_2.5 precursor, such as NO_X emitted by
stationary sources, to an estimate of the total monetized human health
benefits of reduced exposure to PM_2.5. EPA chose these
transfer coefficients as the basis for estimating the benefits from
emission reductions of these two pollutants because the coefficients
were derived for sources that share many of the same key attributes as
those covered here. These elements include the stack height and the
pollutant affected-NO_X. Thus EPA believes that it can
generate a reasonable estimate of benefits for this final rule using a
benefits transfer approach. Specifically, these estimates are based on
application of the benefits scaling approach derived from the benefits
analyses completed for these rulemakings. Readers interested in the
methodology followed to generate these estimates may consult the
Technical Support Document supporting the Proposed Ozone NAAQS RIA.\1\
A summary of the benefits estimates is in Table 5 of this preamble.
---------------------------------------------------------------------------

\1\ Technical Support Document: Calculating Benefit per-Ton
Estimates. EPA-HQ-OAR-2006-0834.

Table 5.--Estimate of Monetized Benefits by 2015 ($2005) a
------------------------------------------------------------------------
Amount of NOX
$ Benefits/ ton emissions reduced Monetized benefits
(tons) (millions of 2005$) b
------------------------------------------------------------------------
$2,800 77,362 $220
------------------------------------------------------------------------
\a\ The results are presented assuming a discount rate of three percent.

\b\ Estimate rounded to two significant figures.

The specific estimates of benefits per ton of pollutant reductions
included in this analysis are largely driven by the concentration
response function for premature mortality, which is based on the
American Cancer Society cohort (ACS) (Pope, C.A. III, et al., ``Lung
Cancer, Cardiopulmonary Mortality, and Long-Term Exposure to Fine
Particulate Air Pollution,'' JAMA, 2002).
Since the publication of Clean Air Interstate Rulemaking (CAIR),
the EPA's Office of Air and Radiation has adopted a different format
for its benefits analysis in which characterization of the uncertainty
in the concentration response function is integrated into the main
benefits analysis. The PM NAAQS RIA analysis prepared last year
provides an indication of the sensitivity of our results to the use of
alternative concentration response functions, including those derived
from the recently completed expert elicitation study. Specifically,
compared to the final PM NAAQS estimate of the mean mortality from the
ACS cohort, the expert-based premature mortality incidence ranged from
50 percent of the mean ACS estimate to more than five times the size of
the ACS mean estimate. The Agency intends to consider using information
to update our benefits estimates as part of an approach similar to that
used in the PM NAAQS Regulatory Impact Analysis (RIA) in the benefits
analyses for future rulemakings.
EPA estimates the annualized benefits of this rulemaking (the NSPS
and NESHAP together) to be about $220 million (2005$) and annualized
costs to be $22 million (2005$). Thus, benefits exceed cost by about to
$200 million in 2015. EPA believes that the benefits are likely to
exceed the costs by a significant margin under this rulemaking even
when taking into account uncertainties in the cost and benefit
estimates. For more information, please refer to the RIA for this final
rule that is available in the docket.

D. What are the economic impacts?

The impacts to producers and consumers affected by this final rule
are higher product prices and outputs. Prices for affected engines that
are larger than 175 HP may increase from 5 to 7 percent, and prices for
engines smaller than 175 HP may increase by 17 to 33 percent.
Production of affected engines, however, should only fall by between
0.5 and 3.3 percent since previous analyses by EPA of engine markets
done for the Final Nonroad Diesel Engine Rule suggest a small reaction
in output due to a large price increase. Hence, the overall economic
impact on affected industries should be small.

E. 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 the final rule.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

Under section 3(f)(1) of Executive Order 12866 (58 FR 51735,
October 4, 1993), this action is an ``economically significant
regulatory action'' because it is likely to have an annual affect on
the economy of $100 million or more. Accordingly, EPA submitted this
action to the Office of Management and Budget (OMB) for review under
Executive Order 12866, and any changes made in response to OMB
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act

The information collection requirements in this final rule have
been submitted for approval to OMB under the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. The information collection requirements are not
enforceable until OMB approves them.
The information requirements are based on notification,
recordkeeping, and reporting requirements in the NSPS General
Provisions (40 CFR part 60, subpart A), which are mandatory for all
operators subject to national emission standards. These recordkeeping
and reporting requirements are specifically

[[Page 3588]]

authorized by section 114 of the CAA (42 U.S.C. 7414). All information
submitted to EPA pursuant to the recordkeeping and reporting
requirements for which a claim of confidentiality is made is
safeguarded according to Agency policies set forth in 40 CFR part 2,
subpart B.
This final rule will require notifications from certain engines and
compliance reports. The recordkeeping requirements require only the
specific information needed to determine compliance.
The annual monitoring, reporting, and recordkeeping burden for this
collection (averaged over the first 3 years after the effective date of
this final rule) is estimated to be 132,164 labor hours per year at a
total annual cost of $17,995,722. This estimate includes a one-time
notification for engines greater than 500 HP that are non-certified,
engine certification, engine performance testing, and recordkeeping.
There are no capital/start-up costs associated with the monitoring
requirements over the 3-year period of the ICR. The operation and
maintenance costs for the monitoring requirements over the 3-year
period of the ICR are estimated to be $8,498,888 per year.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is
approved by OMB, the Agency will publish a technical amendment to 40
CFR part 9 in the Federal Register to display the OMB control number
for the approved information collection requirements contained in this
final rule. In addition, EPA is amending the table in 40 CFR part 9 of
currently approved OMB control numbers for various regulations to list
the regulatory citations for the information requirements contained in
this final rule.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For the purposes of assessing the impacts of this final rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's (SBA) regulations at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule is expected to affect 21 ultimate parent businesses that are
manufacturers of affected SI engines. Five of the parent businesses are
small according to the SBA small business size standard. One of these
five firms would have an annualized cost of more than one percent of
sales associated with meeting the requirements; the estimated cost is
about five percent of the annual sales for this small firm. In
addition, for the industries in which small firms are found that may be
affected by this final rule, either by purchasing a compliant SI engine
or by performing the required testing, the estimated cost of this rule
is 0.10 percent of sales or less. Also, no other adverse impacts are
expected to these affected small businesses.
For more information on the small entity impacts associated with
the final rule, please refer to the Economic Impact and Small Business
Analyses in the public docket. These analyses can be found in the
Regulatory Impact Analysis for this final rule.
Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. When
developing the revised standards, EPA 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.

D. Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least-costly, most cost-effective, or least-burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least-
costly, most cost-effective, or least-burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory requirements.
EPA has determined that this 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 one year. Thus, this final rule is not subject to the
requirements of sections 202 and 205 of

[[Page 3589]]

the UMRA. EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments because it contains no requirements that apply to such
governments or impose obligations upon them.

E. Executive Order 13132: Federalism

Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999) requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This final rule primarily
affects private industry, and does not impose significant economic
costs on State or local governments. Thus, Executive Order 13132 does
not apply to the final rule. In the spirit of Executive Order 13132,
and consistent with EPA policy to promote communications between EPA
and State and local governments, EPA specifically solicited comment on
the proposed rule from State and local officials.

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

Executive Order 13175, entitled ``Consultation and Coordination
With Indian Tribal Governments'' (59 FR 22951, November 9, 2000)
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. 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. Thus, Executive Order 13175 does not
apply to the final rule.

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

Executive Order 13045 ``Protection of Children from Environmental
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
EPA interprets Executive Order 13045 as applying to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This final rule is not subject
to Executive Order 13045 because it is based on technology performance
and not on health or safety risks.

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

This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. EPA has prepared
an analysis of energy impacts that explains this conclusion as follows.
The increase in petroleum product output, which includes increases
in fuel production, is estimated at less than 0.03 percent, or 11.1
trillion BTUs as based on 2007 Annual Energy Outlook data provided by
the U.S. Energy Information Administration. The reduction in coal
production is zero since no coal-fired units will be affected by the
requirements of the final rule. The reduction in electricity output is
estimated at 0.10 percent, or about 15.1 trillion BTUs per year based
on 2007 U.S. electricity production nationwide. Production of natural
gas is expected to decrease by 13.83 trillion BTU, a decrease of 0.07
percent from 2007 U.S. production levels. The maximum of all energy
price increases, which include increases in natural gas prices as well
as those for petroleum products, and electricity, is estimated to be
0.10 percent nationwide. Energy distribution costs may increase by
roughly no more than the same amount as electricity rates. EPA expects
that there will be no discernable impact on the import of foreign
energy supplies, and no other adverse outcomes are expected to occur
with regards to energy supplies. The increase in cost of energy
production should be minimal given the very small increases in energy
prices and outputs shown above. All of the estimates presented above
account for some pass-through of costs to consumers as well as the
direct cost impact to producers. For more information on these
estimated energy effects, please refer to the economic impact analysis
for the final rule. This analysis is available in the public docket.
Therefore, EPA concludes that this rule when implemented will not
have a significant adverse effect on the supply, distribution, or use
of energy.

I. National Technology Transfer and Advancement Act

As noted in the proposed rule, Section 12(d) of the National
Technology Transfer and Advancement Act (NTTAA) of 1995 (Pub. L. 104-
113, Section 12(d), 15 U.S.C. 272 note) directs EPA to use voluntary
consensus standards (VCS) in its regulatory activities, unless to do so
would be inconsistent with applicable law or otherwise impractical. The
VCS are technical standards (e.g., materials specifications, test
methods, sampling procedures, and business practices) that are
developed or adopted by VCS bodies.
The NTTAA directs EPA to provide Congress, through OMB,
explanations when the Agency does not use available and applicable VCS.
These rules involve technical standards. The EPA cites the following
standards: EPA Methods 1, 1A, 2, 3, 3A, 3B, 4, 7E, 10, 18, 19, 25A,
320, and 323 (40 CFR part 60, appendix A); and American Society of
Testing and Materials (ASTM) methods ASTM D6348-03 and ASTM D6522-00 (2005).
Consistent with the NTTAA, EPA conducted searches to identify
voluntary potentially applicable consensus standards in addition to
these EPA methods. No applicable voluntary consensus standards were
identified for EPA Methods 1A, 19, 320, and 323. The search and review
results are in the docket for these rules.
The search identified two voluntary consensus standards as
acceptable alternatives to EPA Methods. In addition, the standards,
ASTM D6348-03 and ASTM D6522-00 (2005) cited in these rules are also VCS.

[[Page 3590]]

The standard ASME PTC 19.10-1981, ``Flue and Exhaust Gas
Analyses,'' is cited in this rule for its manual method for measuring
the oxygen content of the exhaust gas. This part of ASME PTC 19.10-1981
is an acceptable alternative to EPA Method 3B.
The standard ASTM D6420-99 (2004), ``Test Method for Determination
of Gaseous Organic Compounds by Direct Interface Gas Chromatography/
Mass Spectrometry'' is cited in this rule as an alternative to EPA
Method 18 for measuring total nonmethane organic.
Similar to EPA's performance-based Method 18, ASTM D6420-99 is also
a performance-based method for measurement of gaseous organic
compounds. However, ASTM D6420-99 was written to support the specific
use of highly portable and automated GC/MS. While offering advantages
over the traditional Method 18, the ASTM method does allow some less
stringent criteria for accepting GC/MS results than required by Method
18. Therefore, ASTM D6420-99 is a suitable alternative to Method 18
only where:
(1) The target compound(s) are those listed in Section 1.1 of ASTM
D6420-99, and
(2) The target concentration is between 150 ppbv and 100 ppmv.
For target compound(s) not listed in Section 1.1 of ASTM D6420-99,
but potentially detected by mass spectrometry, the regulation specifies
that the additional system continuing calibration check after each run,
as detailed in Section 10.5.3 of the ASTM method, must be followed,
met, documented, and submitted with the data report even if there is no
moisture condenser used or the compound is not considered water
soluble. For target compound(s) not listed in Section 1.1 of ASTM
D6420-99, and not amenable to detection by mass spectrometry, ASTM
D6420-99 does not apply.
As a result, EPA will cite ASTM D6420-99 in this rule. The EPA will
also cite Method 18 as a gas chromatography (GC) option in addition to
ASTM D6420-99. This will allow the continued use of GC configurations
other than GC/MS.
The search for emissions measurement procedures identified 13 other
voluntary consensus standards. The EPA determined that these 13
standards identified for measuring emissions of the HAP or surrogates
subject to emission standards in these rules were impractical
alternatives to EPA test methods for the purposes of these rules.
Therefore, EPA does not intend to adopt these standards for this
purpose. The reasons for the determinations for the 13 methods are
discussed in the dockets to the rules.
Under 63.7(f) and 63.8(f) of subpart A of the General Provisions to
part 63, a source may apply to EPA for permission to use alternative
test methods or alternative monitoring requirements in place of any
required testing methods, performance specifications, or procedures. In
addition, EPA Method 301 describes procedures any source may use to
establish the equivalency of alternatives to any EPA reference method.

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

Executive Order 12898 (59 FR 7629 (February 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. This rule promulgates new source performance
standards and national emission standards for hazardous air pollutants.

K. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this final rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on March 18, 2008.

List of Subjects

40 CFR Part 60

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

40 CFR Part 63

Administrative practice and procedure, Air pollution control,
Hazardous substances, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.

40 CFR Part 85

Imports, Labeling, Motor vehicle pollution, Reporting and
recordkeeping requirements, Research, Warranties.

40 CFR Part 90

Administrative practice and procedure, Air pollution control.

40 CFR Part 1048

Administrative practice and procedure, Air pollution control.

40 CFR Part 1065

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

40 CFR Part 1068

Administrative practice and procedure, Imports, Motor vehicle
pollution, Penalties, Reporting and recordkeeping requirements,
Warranties.

Dated: December 20, 2007.
Stephen L. Johnson,
Administrator.

• For the reasons stated in the preamble, title 40, chapter I of the Code
of Federal Regulations is 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 A--[Amended]

• 2. Section 60.17 is amended as follows:
• a. By revising paragraph (a)(82);
• b. By redesignating paragraphs (a)(85) through (a)(90) as paragraphs
(a)(87) through (a)(92);
• c. By redesignating paragraph (a)(84) as (a)(85);
• d. By adding new paragraph (a)(84);
• e. By adding new paragraph (a)(86);

[[Page 3591]]

• f. By revising paragraph (h)(4); and
• g. By adding paragraph (n).
The revisions and additions read as follows:

Sec. 60.17 Incorporation by Reference

* * * * *
(82) ASTM D6348-03, Standard Test Method for Determination of
Gaseous Compounds by Extractive Direct Interface Fourier Transform
Infrared (FTIR) Spectroscopy, IBR approved for table 7 of Subpart IIII
of this part and table 2 of subpart JJJJ of this part.
* * * * *
(84) ASTM D6420-99 (Reapproved 2004) Standard Test Method for
Determination of Gaseous Organic Compounds by Direct Interface Gas
Chromatography-Mass Spectrometry, IBR approved for table 2 of subpart
JJJJ of this part.
* * * * *
(86) ASTM D6522-00 (Reapproved 2005), Standard Test Method for
Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen
Concentrations in Emissions from Natural Gas-Fired Reciprocating
Engines, Combustion Turbines, Boilers, and Process Heaters Using
Portable Analyzers, IBR approved for table 2 of subpart JJJJ of this part.
* * * * *
(h) * * *
(4) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus], IBR approved for Tables 1 and 3 of
subpart EEEE, Tables 2 and 4 of subpart FFFF, Table 2 of subpart JJJJ,
and Sec. Sec. 60.4415(a)(2) and 60.4415(a)(3) of subpart KKKK of this part.
* * * * *
(n) This material is available for purchase from IHS Inc., 15
Inverness Way East, Englewood, CO 80112.
(1) International Organization for Standards 8178-4: 1996(E),
Reciprocating Internal Combustion Engines--Exhaust Emission
Measurement--Part 4: Test Cycles for Different Engine Applications, IBR
approved for Sec. 60.4241(b).
(2) [Reserved]

Subpart JJJJ--[Amended]

• 3. Part 60 is amended by adding subpart JJJJ to read as follows:

Subpart JJJJ--Standards of Performance for Stationary Spark
Ignition Internal Combustion Engines

Sec.

What This Subpart Covers

60.4230 Am I subject to this subpart?

Emission Standards for Manufacturers

60.4231 What emission standards must I meet if I am a manufacturer
of stationary SI internal combustion engines?
60.4232 How long must my engines meet the emission standards if I am
a manufacturer of stationary SI internal combustion engines?

Emission Standards for Owners and Operators

60.4233 What emission standards must I meet if I am an owner or
operator of a stationary SI internal combustion engine?
60.4234 How long must I meet the emission standards if I am an owner
or operator of a stationary SI internal combustion engine?

Other Requirements for Owners and Operators

60.4235 What fuel requirements must I meet if I am an owner or
operator of a stationary SI gasoline fired internal combustion
engine subject to this subpart?
60.4236 What is the deadline for importing or installing stationary
SI ICE produced in the previous model year?
60.4237 What are the monitoring requirements if I am an owner or
operator of an emergency stationary SI internal combustion engine?

Compliance Requirements for Manufacturers

60.4238 What are my compliance requirements if I am a manufacturer
of stationary SI internal combustion engines < =19 KW (25 HP)?
60.4239 What are my compliance requirements if I am a manufacturer
of stationary SI internal combustion engines >19 KW (25 HP) that use
gasoline?
60.4240 What are my compliance requirements if I am a manufacturer
of stationary SI internal combustion engines >19 KW (25 HP) that are
rich burn engines that use LPG?
60.4241 What are my compliance requirements if I am a manufacturer
of stationary SI internal combustion engines participating in the
voluntary certification program?
60.4242 What other requirements must I meet if I am a manufacturer
of stationary SI internal combustion engines?

Compliance Requirements for Owners and Operators

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

Testing Requirements for Owners and Operators

60.4244 What test methods and other procedures must I use if I am an
owner or operator of a stationary SI internal combustion engine?

Notification, Reports, and Records for Owners and Operators

60.4245 What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary SI
internal combustion engine?

General Provisions

60.4246 What parts of the General Provisions apply to me?

Mobile Source Provisions

60.4247 What parts of the mobile source provisions apply to me if I
am a manufacturer of stationary SI internal combustion engines?

Definitions

60.4248 What definitions apply to this subpart?

Tables to Subpart JJJJ of Part 60

Table 1 to Subpart JJJJ of Part 60--NO_X, CO, and VOC
Emission Standards for Stationary Non-Emergency SI Engines >=100 HP
(except gasoline and rich burn LPG), Stationary SI Landfill/Digester
Gas Engines, and Stationary Emergency Engines >25 HP.
Table 2 to Subpart JJJJ of Part 60--Requirements for Performance
Tests.
Table 3 to Subpart JJJJ of Part 60--Applicability of General
Provisions to Subpart JJJJ.
Table 4 to Subpart JJJJ of Part 60--Applicability of Mobile Source
Provisions for Manufacturers Participating in the Voluntary
Certification Program and Certifying Stationary SI ICE to Emission
Standards in Table 1 of Subpart JJJJ.

What This Subpart Covers

Sec. 60.4230 Am I subject to this subpart?

(a) The provisions of this subpart are applicable to manufacturers,
owners, and operators of stationary spark ignition (SI) internal
combustion engines (ICE) as specified in paragraphs (a)(1) through (5)
of this section. For the purposes of this subpart, the date that
construction commences is the date the engine is ordered by the owner
or operator.
(1) Manufacturers of stationary SI ICE with a maximum engine power
less than or equal to 19 kilowatt (KW) (25 horsepower (HP)) that are
manufactured on or after July 1, 2008.
(2) Manufacturers of stationary SI ICE with a maximum engine power
greater than 19 KW (25 HP) that are gasoline fueled or that are rich
burn engines fueled by liquefied petroleum gas (LPG), where the date of
manufacture is:
(i) On or after July 1, 2008; or
(ii) On or after January 1, 2009, for emergency engines.
(3) Manufacturers of stationary SI ICE with a maximum engine power
greater than 19 KW (25 HP) that are not gasoline fueled and are not
rich burn

[[Page 3592]]

engines fueled by LPG, where the manufacturer participates in the
voluntary manufacturer certification program described in this subpart
and where the date of manufacture is:
(i) On or after July 1, 2007, for engines with a maximum engine
power greater than or equal to 500 HP (except lean burn engines with a
maximum engine power greater than or equal to 500 HP and less than
1,350 HP);
(ii) On or after January 1, 2008, for lean burn engines with a
maximum engine power greater than or equal to 500 HP and less than
1,350 HP;
(iii) On or after July 1, 2008, for engines with a maximum engine
power less than 500 HP; or
(iv) On or after January 1, 2009, for emergency engines.
(4) Owners and operators of stationary SI ICE that commence
construction after June 12, 2006, where the stationary SI ICE are
manufactured:
(i) On or after July 1, 2007, for engines with a maximum engine
power greater than or equal to 500 HP (except lean burn engines with a
maximum engine power greater than or equal to 500 HP and less than
1,350 HP);
(ii) on or after January 1, 2008, for lean burn engines with a
maximum engine power greater than or equal to 500 HP and less than
1,350 HP;
(iii) on or after July 1, 2008, for engines with a maximum engine
power less than 500 HP; or
(iv) on or after January 1, 2009, for emergency engines with a
maximum engine power greater than 19 KW (25 HP).
(5) Owners and operators of stationary SI ICE that commence
modification or reconstruction after June 12, 2006.
(b) The provisions of this subpart are not applicable to stationary
SI ICE being tested at an engine test cell/stand.
(c) If you are an owner or operator of an area source subject to
this subpart, you are exempt from the obligation to obtain a permit
under 40 CFR part 70 or 40 CFR part 71, provided you are not required
to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason
other than your status as an area source under this subpart.
Notwithstanding the previous sentence, you must continue to comply with
the provisions of this subpart as applicable.
(d) For the purposes of this subpart, stationary SI ICE using
alcohol-based fuels are considered gasoline engines.
(e) Stationary SI ICE may be eligible for exemption from the
requirements of this subpart as described in 40 CFR part 1068, subpart
C (or the exemptions described in 40 CFR parts 90 and 1048, for engines
that would need to be certified to standards in those parts), except
that owners and operators, as well as manufacturers, may be eligible to
request an exemption for national security.
(f) 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.

Emission Standards for Manufacturers

Sec. 60.4231 What emission standards must I meet if I am a
manufacturer of stationary SI internal combustion engines?

(a) Stationary SI internal combustion engine manufacturers must
certify their stationary SI ICE with a maximum engine power less than
or equal to 19 KW (25 HP) manufactured on or after July 1, 2008, to the
certification emission standards and other requirements for new nonroad
SI engines in 40 CFR part 90.
(b) Stationary SI internal combustion engine manufacturers must
certify their stationary SI ICE with a maximum engine power greater
than 19 KW (25 HP) (except emergency stationary ICE with a maximum
engine power greater than 25 HP and less than 130 HP) that use gasoline
and that are manufactured on or after the applicable date in Sec.
60.4230(a)(2), or manufactured on or after the applicable date in Sec.
60.4230(a)(4) for emergency stationary ICE with a maximum engine power
greater than or equal to 130 HP, to the certification emission
standards and other requirements for new nonroad SI engines in 40 CFR
part 1048. Stationary SI internal combustion engine manufacturers must
certify their emergency stationary SI ICE greater than 25 HP and less
than 130 HP that are manufactured on or after the applicable date in
Sec. 60.4230(a)(4) to the Phase 1 emission standards in 40 CFR 90.103,
applicable to class II engines, and other requirements for new nonroad
SI engines in 40 CFR part 90. Stationary SI internal combustion engine
manufacturers may certify their stationary SI ICE with a maximum engine
power less than or equal to 30 KW (40 HP) with a total displacement
less than or equal to 1,000 cubic centimeters (cc) to the certification
emission standards and other requirements for new nonroad SI engines in
40 CFR part 90.
(c) Stationary SI internal combustion engine manufacturers must
certify their stationary SI ICE with a maximum engine power greater
than 19 KW (25 HP) (except emergency stationary ICE with a maximum
engine power greater than 25 HP and less than 130 HP) that are rich
burn engines that use LPG and that are manufactured on or after the
applicable date in Sec. 60.4230(a)(2), or manufactured on or after the
applicable date in Sec. 60.4230(a)(4) for emergency stationary ICE
with a maximum engine power greater than or equal to 130 HP, to the
certification emission standards and other requirements for new nonroad
SI engines in 40 CFR part 1048. Stationary SI internal combustion
engine manufacturers must certify their emergency stationary SI ICE
greater than 25 HP and less than 130 HP that are manufactured on or
after the applicable date in Sec. 60.4230(a)(4) to the Phase 1
emission standards in 40 CFR 90.103, applicable to class II engines,
and other requirements for new nonroad SI engines in 40 CFR part 90.
Stationary SI internal combustion engine manufacturers may certify
their stationary SI ICE with a maximum engine power less than or equal
to 30 KW (40 HP) with a total displacement less than or equal to 1,000
cc to the certification emission standards and other requirements for
new nonroad SI engines in 40 CFR part 90.
(d) Stationary SI internal combustion engine manufacturers who
choose to certify their stationary SI ICE with a maximum engine power
greater than 19 KW (25 HP) and less than 75 KW (100 HP) (except
gasoline and rich burn engines that use LPG and emergency stationary
ICE with a maximum engine power greater than 25 HP and less than 130
HP) under the voluntary manufacturer certification program described in
this subpart must certify those engines to the certification emission
standards for new nonroad SI engines in 40 CFR part 1048. Stationary SI
internal combustion engine manufacturers who choose to certify their
emergency stationary SI ICE greater than 25 HP and less than 130 HP,
must certify those engines to the Phase 1 emission standards in 40 CFR
90.103, applicable to class II engines, for new nonroad SI engines in
40 CFR part 90. Stationary SI internal combustion engine manufacturers
may certify their stationary SI ICE with a maximum engine power less
than or equal to 30 KW (40 HP) with a total displacement less than or
equal to 1,000 cc to the certification emission standards for new
nonroad SI engines in 40 CFR part 90. For stationary SI ICE with a maximum
engine power greater than 19 KW (25 HP) and less than 75 KW (100 HP)

[[Page 3593]]

(except gasoline and rich burn engines that use LPG and emergency
stationary ICE with a maximum engine power greater than 25 HP and less
than 130 HP) manufactured prior to January 1, 2011, manufacturers may
choose to certify these engines to the standards in Table 1 to this
subpart applicable to engines with a maximum engine power greater than
or equal to 100 HP and less than 500 HP.
(e) Stationary SI internal combustion engine manufacturers who
choose to certify their stationary SI ICE with a maximum engine power
greater than or equal to 75 KW (100 HP) (except gasoline and rich burn
engines that use LPG) under the voluntary manufacturer certification
program described in this subpart must certify those engines to the
emission standards in Table 1 to this subpart. Stationary SI internal
combustion engine manufacturers may certify their stationary SI ICE
with a maximum engine power greater than or equal to 75 KW (100 HP)
that are lean burn engines that use LPG to the certification emission
standards for new nonroad SI engines in 40 CFR part 1048. For
stationary SI ICE with a maximum engine power greater than or equal to
100 HP (75 KW) and less than 500 HP (373 KW) manufactured prior to
January 1, 2011, and for stationary SI ICE with a maximum engine power
greater than or equal to 500 HP (373 KW) manufactured prior to July 1,
2010, manufacturers may choose to certify these engines to the
certification emission standards for new nonroad SI engines in 40 CFR
part 1048 applicable to engines that are not severe duty engines.

Sec. 60.4232 How long must my engines meet the emission standards if
I am a manufacturer of stationary SI internal combustion engines?

Engines manufactured by stationary SI internal combustion engine
manufacturers must meet the emission standards as required in Sec.
60.4231 during the certified emissions life of the engines.

Emission Standards for Owners and Operators

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

(a) Owners and operators of stationary SI ICE with a maximum engine
power less than or equal to 19 KW (25 HP) manufactured on or after July
1, 2008, must comply with the emission standards in Sec. 60.4231(a)
for their stationary SI ICE.
(b) Owners and operators of stationary SI ICE with a maximum engine
power greater than 19 KW (25 HP) manufactured on or after the
applicable date in Sec. 60.4230(a)(4) that use gasoline must comply
with the emission standards in Sec. 60.4231(b) for their stationary SI ICE.
(c) Owners and operators of stationary SI ICE with a maximum engine
power greater than 19 KW (25 HP) manufactured on or after the
applicable date in Sec. 60.4230(a)(4) that are rich burn engines that
use LPG must comply with the emission standards in Sec. 60.4231(c) for
their stationary SI ICE.
(d) Owners and operators of stationary SI ICE with a maximum engine
power greater than 19 KW (25 HP) and less than 75 KW (100 HP) (except
gasoline and rich burn engines that use LPG) must comply with the
emission standards for field testing in 40 CFR 1048.101(c) for their
non-emergency stationary SI ICE and with the emission standards in
Table 1 to this subpart for their emergency stationary SI ICE. Owners
and operators of stationary SI ICE with a maximum engine power greater
than 19 KW (25 HP) and less than 75 KW (100 HP) manufactured prior to
January 1, 2011, that were certified to the standards in Table 1 to
this subpart applicable to engines with a maximum engine power greater
than or equal to 100 HP and less than 500 HP, may optionally choose to
meet those standards.
(e) Owners and operators of stationary SI ICE with a maximum engine
power greater than or equal to 75 KW (100 HP) (except gasoline and rich
burn engines that use LPG) must comply with the emission standards in
Table 1 to this subpart for their stationary SI ICE. For owners and
operators of stationary SI ICE with a maximum engine power greater than
or equal to 100 HP (except gasoline and rich burn engines that use LPG)
manufactured prior to January 1, 2011 that were certified to the
certification emission standards in 40 CFR part 1048 applicable to
engines that are not severe duty engines, if such stationary SI ICE was
certified to a carbon monoxide (CO) standard above the standard in
Table 1 to this subpart, then the owners and operators may meet the CO
certification (not field testing) standard for which the engine was
certified.
(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 the same emission
standards as those specified in paragraph (a) of this section.
(2) Owners and operators of stationary SI ICE with a maximum engine
power greater than 19 KW (25 HP) that use gasoline engines, that are
modified or reconstructed after June 12, 2006, must comply with the
same emission standards as those specified in paragraph (b) of this section.
(3) Owners and operators of stationary SI ICE with a maximum engine
power greater than 19 KW (25 HP) that are rich burn engines that use
LPG, that are modified or reconstructed after June 12, 2006, must
comply with the same emission standards as those specified in paragraph
(c) of this section.
(4) Owners and operators of stationary SI natural gas and lean burn
LPG engines with a maximum engine power greater than 19 KW (25 HP),
that are modified or reconstructed after June 12, 2006, must comply
with the same emission standards as those specified in paragraph (d) 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 (NO_X) 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
NO_X emission standard of 250 ppmvd at 15 percent oxygen
(O₂), a CO emission standard 540 ppmvd at 15 percent
O₂ (675 ppmvd at 15 percent O₂ for non-emergency
engines less than 100 HP), and a VOC emission standard of 86 ppmvd at
15 percent O₂, where the date of manufacture of the engine is:
(i) Prior to July 1, 2007, for non-emergency engines with a maximum
engine power greater than or equal to 500 HP;
(ii) Prior to July 1, 2008, for non-emergency engines with a
maximum engine power less than 500 HP;
(iii) Prior to January 1, 2009, for emergency engines.
(5) Owners and operators of stationary SI landfill/digester gas ICE
engines with a maximum engine power greater than 19 KW (25 HP), that
are modified or reconstructed after June 12, 2006, must comply with the
same emission standards as those specified in paragraph (e) of this
section for stationary landfill/digester gas engines.
(g) Owners and operators of stationary SI wellhead gas ICE engines
may petition the Administrator for approval on a case-by-case basis to
meet emission standards no less stringent than the emission standards
that apply to

[[Page 3594]]

stationary emergency SI engines greater than 25 HP and less than 130 HP
due to the presence of high sulfur levels in the fuel, as specified in
Table 1 to this subpart. The request must, at a minimum, demonstrate
that the fuel has high sulfur levels that prevent the use of
aftertreatment controls and also that the owner has reasonably made all
attempts possible to obtain an engine that will meet the standards
without the use of aftertreatment controls. The petition must request
the most stringent standards reasonably applicable to the engine using
the fuel.
(h) Owners and operators of stationary SI ICE that are required to
meet standards that reference 40 CFR 1048.101 must, if testing their
engines in use, meet the standards in that section applicable to field
testing, except as indicated in paragraph (e) of this section.

Sec. 60.4234 How long must I meet the emission standards if I am an
owner or operator of a stationary SI internal combustion engine?

Owners and operators of stationary SI ICE must operate and maintain
stationary SI ICE that achieve the emission standards as required in
Sec. 60.4233 over the entire life of the engine.

Other Requirements for Owners and Operators

Sec. 60.4235 What fuel requirements must I meet if I am an owner or
operator of a stationary SI gasoline fired internal combustion engine
subject to this subpart?

Owners and operators of stationary SI ICE subject to this subpart
that use gasoline must use gasoline that meets the per gallon sulfur
limit in 40 CFR 80.195.

Sec. 60.4236 What is the deadline for importing or installing
stationary SI ICE produced in the previous model year?

(a) After July 1, 2010, owners and operators may not install
stationary SI ICE with a maximum engine power of less than 500 HP that
do not meet the applicable requirements in Sec. 60.4233.
(b) After July 1, 2009, owners and operators may not install
stationary SI ICE with a maximum engine power of greater than or equal
to 500 HP that do not meet the applicable requirements in Sec.
60.4233, except that lean burn engines with a maximum engine power
greater than or equal to 500 HP and less than 1,350 HP that do not meet
the applicable requirements in Sec. 60.4233 may not be installed after
January 1, 2010.
(c) For emergency stationary SI ICE with a maximum engine power of
greater than 19 KW (25 HP), owners and operators may not install
engines that do not meet the applicable requirements in Sec. 60.4233
after January 1, 2011.
(d) In addition to the requirements specified in Sec. Sec. 60.4231
and 60.4233, it is prohibited to import stationary SI ICE less than or
equal to 19 KW (25 HP), stationary rich burn LPG SI ICE, and stationary
gasoline SI ICE that do not meet the applicable requirements specified
in paragraphs (a), (b), and (c) of this section, after the date
specified in paragraph (a), (b), and (c) of this section.
(e) The requirements of this section do not apply to owners and
operators of stationary SI ICE that have been modified or
reconstructed, and they do not apply to engines that were removed from
one existing location and reinstalled at a new location.

Sec. 60.4237 What are the monitoring requirements if I am an owner or
operator of an emergency stationary SI internal combustion engine?

(a) Starting on July 1, 2010, if the emergency stationary SI
internal combustion engine that is greater than or equal to 500 HP that
was built on or after July 1, 2010, does not meet the standards
applicable to non-emergency engines, the owner or operator must install
a non-resettable hour meter.
(b) Starting on January 1, 2011, if the emergency stationary SI
internal combustion engine that is greater than or equal to 130 HP and
less than 500 HP that was built on or after January 1, 2011, does not
meet the standards applicable to non-emergency engines, the owner or
operator must install a non-resettable hour meter.
(c) If you are an owner or operator of an emergency stationary SI
internal combustion engine that is less than 130 HP, was built on or
after July 1, 2008, and does not meet the standards applicable to non-
emergency engines, you must install a non-resettable hour meter upon
startup of your emergency engine.

Compliance Requirements for Manufacturers

Sec. 60.4238 What are my compliance requirements if I am a
manufacturer of stationary SI internal combustion engines < =19 KW (25 HP)?

Stationary SI internal combustion engine manufacturers who are
subject to the emission standards specified in Sec. 60.4231(a) must
certify their stationary SI ICE using the certification procedures
required in 40 CFR part 90, subpart B, and must test their engines as
specified in that part.

Sec. 60.4239 What are my compliance requirements if I am a
manufacturer of stationary SI internal combustion engines >19 KW (25
HP) that use gasoline?

Stationary SI internal combustion engine manufacturers who are
subject to the emission standards specified in Sec. 60.4231(b) must
certify their stationary SI ICE using the certification procedures
required in 40 CFR part 1048, subpart C, and must test their engines as
specified in that part. Stationary SI internal combustion engine
manufacturers who certify their stationary SI ICE with a maximum engine
power less than or equal to 30 KW (40 HP) with a total displacement
less than or equal to 1,000 cc to the certification emission standards
and other requirements for new nonroad SI engines in 40 CFR part 90,
and manufacturers of stationary SI emergency engines that are greater
than 25 HP and less than 130 HP who meet the Phase 1 standards in 40
CFR 90.103, applicable to class II engines, must certify their
stationary SI ICE using the certification procedures required in 40 CFR
part 90, subpart B, and must test their engines as specified in that part.

Sec. 60.4240 What are my compliance requirements if I am a
manufacturer of stationary SI internal combustion engines >19 KW (25
HP) that are rich burn engines that use LPG?

Stationary SI internal combustion engine manufacturers who are
subject to the emission standards specified in Sec. 60.4231(c) must
certify their stationary SI ICE using the certification procedures
required in 40 CFR part 1048, subpart C, and must test their engines as
specified in that part. Stationary SI internal combustion engine
manufacturers who certify their stationary SI ICE with a maximum engine
power less than or equal to 30 KW (40 HP) with a total displacement
less than or equal to 1,000 cc to the certification emission standards
and other requirements for new nonroad SI engines in 40 CFR part 90,
and manufacturers of emergency engines that are greater than 25 HP and
less than 130 HP who meet the Phase 1 standards in 40 CFR 90.103,
applicable to class II engines, must certify their stationary SI ICE
using the certification procedures required in 40 CFR part 90, subpart
B, and must test their engines as specified in that part.

Sec. 60.4241 What are my compliance requirements if I am a
manufacturer of stationary SI internal combustion engines participating
in the voluntary certification program?

(a) Manufacturers of stationary SI internal combustion engines with
a maximum engine power greater than 19 KW (25 HP) that do not use
gasoline and

[[Page 3595]]

are not rich burn engines that use LPG can choose to certify their
engines to the emission standards in Sec. 60.4231(d) or (e), as
applicable, under the voluntary certification program described in this
subpart. Manufacturers who certify their engines under the voluntary
certification program must meet the requirements as specified in
paragraphs (b) through (g) of this section. In addition, manufacturers
of stationary SI internal combustion engines who choose to certify
their engines under the voluntary certification program, must also meet
the requirements as specified in Sec. 60.4247.
(b) Manufacturers of engines other than those certified to
standards in 40 CFR part 90 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 5 to 40 CFR 1048.505, except that Table
5 of 40 CFR 1048.505 applies to high load engines only. Stationary SI
internal combustion engine manufacturers who certify their stationary
SI ICE with a maximum engine power less than or equal to 30 KW (40 HP)
with a total displacement less than or equal to 1,000 cc to the
certification emission standards and other requirements for new nonroad
SI engines in 40 CFR part 90, and manufacturers of emergency engines
that are greater than 25 HP and less than 130 HP who meet the Phase 1
standards in 40 CFR 90.103, applicable to class II engines, must
certify their stationary SI ICE using the certification procedures
required in 40 CFR part 90, subpart B, and must test their engines as
specified in that part.
(c) Certification of stationary SI ICE to the emission standards
specified in Sec. 60.4231(d) or (e), as applicable, is voluntary, but
manufacturers who decide to certify are subject to all of the
requirements indicated in this subpart with regard to the engines
included in their certification. Manufacturers must clearly label their
stationary SI engines as certified or non-certified engines.
(d) Manufacturers of natural gas fired stationary SI ICE who
conduct voluntary certification of stationary SI ICE to the emission
standards specified in Sec. 60.4231(d) or (e), as applicable, must
certify their engines for operation using fuel that meets the
definition of pipeline-quality natural gas. The fuel used for
certifying stationary SI natural gas engines must meet the definition
of pipeline-quality natural gas as described in Sec. 60.4248. In
addition, the manufacturer must provide information to the owner and
operator of the certified stationary SI engine including the
specifications of the pipeline-quality natural gas to which the engine
is certified and what adjustments the owner or operator must make to
the engine when installed in the field to ensure compliance with the
emission standards.
(e) Manufacturers of stationary SI ICE that are lean burn engines
fueled by LPG who conduct voluntary certification of stationary SI ICE
to the emission standards specified in Sec. 60.4231(d) or (e), as
applicable, must certify their engines for operation using fuel that
meets the specifications in 40 CFR 1065.720.
(f) Manufacturers may certify their engines for operation using
gaseous fuels in addition to pipeline-quality natural gas; however, the
manufacturer must specify the properties of that fuel and provide
testing information showing that the engine will meet the emission
standards specified in Sec. 60.4231(d) or (e), as applicable, when
operating on that fuel. The manufacturer must also provide instructions
for configuring the stationary engine to meet the emission standards on
fuels that do not meet the pipeline-quality natural gas definition. The
manufacturer must also provide information to the owner and operator of
the certified stationary SI engine regarding the configuration that is
most conducive to reduced emissions where the engine will be operated
on gaseous fuels with different quality than the fuel that it was
certified to.
(g) A stationary SI engine manufacturer may certify an engine
family solely to the standards applicable to landfill/digester gas
engines as specified in Sec. 60.4231(d) or (e), as applicable, but
must certify their engines for operation using landfill/digester gas
and must add a permanent label stating that the engine is for use only
in landfill/digester gas applications. The label must be added
according to the labeling requirements specified in 40 CFR 1048.135(b).
(h) For purposes of this subpart, when calculating emissions of
volatile organic compounds, emissions of formaldehyde should not be
included.

Sec. 60.4242 What other requirements must I meet if I am a
manufacturer of stationary SI internal combustion engines?

(a) Stationary SI internal combustion engine manufacturers must
meet the provisions of 40 CFR part 90 or 40 CFR part 1048, as
applicable, as well as 40 CFR part 1068 for engines that are certified
to the emission standards in 40 CFR part 1048, except that engines
certified pursuant to the voluntary certification procedures in Sec.
60.4241 are subject only to the provisions indicated in Sec. 60.4247
and are permitted to provide instructions to owners and operators
allowing for deviations from certified configurations, if such
deviations are consistent with the provisions of paragraphs Sec.
60.4241(c) through (f). Labels on engines certified to 40 CFR part 1048
must refer to stationary engines, rather than or in addition to nonroad
engines, as appropriate.
(b) An engine manufacturer certifying an engine family or families
to standards under this subpart that are identical to standards
applicable under 40 CFR part 90 or 40 CFR part 1048 for that model year
may certify any such family that contains both nonroad and stationary
engines as a single engine family and/or may include any such family
containing stationary engines in the averaging, banking and trading
provisions applicable for such engines under those parts.
(c) Manufacturers of engine families certified to 40 CFR part 1048
may meet the labeling requirements referred to in paragraph (a) of this
section for stationary SI ICE by either adding a separate label
containing the information required in paragraph (a) of this section or
by adding the words ``and stationary'' after the word ``nonroad'' to
the label.
(d) For all engines manufactured on or after January 1, 2011, and
for all engines with a maximum engine power greater than 25 HP and less
than 130 HP manufactured on or after July 1, 2008, a stationary SI
engine manufacturer that certifies an engine family solely to the
standards applicable to emergency engines must add a permanent label
stating that the engines in that family are for emergency use only. The
label must be added according to the labeling requirements specified in
40 CFR 1048.135(b).
(e) All stationary SI engines subject to mandatory certification
that do not meet the requirements of this subpart must be labeled
according to 40 CFR 1068.230 and must be exported under the provisions
of 40 CFR 1068.230. Stationary SI engines subject to standards in 40
CFR part 90 may use the provisions in 40 CFR 90.909. Manufacturers of
stationary engines with a maximum engine power greater than 25 HP that
are not certified to standards and other requirements under 40 CFR part
1048 are subject to the

[[Page 3596]]

labeling provisions of 40 CFR 1048.20 pertaining to excluded stationary
engines.

Compliance Requirements for Owners and Operators

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

(a) If you are an owner or operator of a stationary SI internal
combustion engine that is manufactured after July 1, 2008, and must
comply with the emission standards specified in Sec. 60.4233(a)
through (c), you must comply by purchasing an engine certified to the
emission standards in Sec. 60.4231(a) through (c), as applicable, for
the same engine class and maximum engine power. 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. 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.
(2) If you do not operate and maintain the certified stationary SI
internal combustion engine and control device according to the
manufacturer's emission-related written instructions, your engine will
be considered a non-certified engine, and you must demonstrate compliance
according to (a)(2)(i) through (iii) of this section, as appropriate.
(i) If you are an owner or operator of a stationary SI internal
combustion engine 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 no performance testing is required if you are
an owner or operator.
(ii) If you are an owner or operator of a stationary SI 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 to
demonstrate compliance.
(iii) If you are an owner or operator of a stationary SI 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 or 3 years, whichever comes first, thereafter to demonstrate
compliance.
(b) If you are an owner or operator of a stationary SI internal
combustion engine and must comply with the emission standards specified
in Sec. 60.4233(d) or (e), you must demonstrate compliance according
to one of the methods specified in paragraphs (b)(1) and (2) of this
section.
(1) Purchasing an engine certified according to procedures
specified in this subpart, for the same model year and demonstrating
compliance according to one of the methods specified in paragraph (a)
of this section.
(2) Purchasing a non-certified engine and demonstrating compliance
with the emission standards specified in Sec. 60.4233(d) or (e) and
according to the requirements specified in Sec. 60.4244, as applicable,
and according to paragraphs (b)(2)(i) and (ii) of this section.
(i) If you are an owner or operator of a stationary SI internal
combustion engine greater than 25 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 to demonstrate compliance.
(ii) If you are an owner or operator of a stationary SI 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 and conduct
subsequent performance testing every 8,760 hours or 3 years, whichever
comes first, thereafter to demonstrate compliance.
(c) If you are an owner or operator of a stationary SI internal
combustion engine that must comply with the emission standards
specified in Sec. 60.4233(f), you must demonstrate compliance
according paragraph (b)(2)(i) or (ii) of this section, except that if
you comply according to paragraph (b)(2)(i) of this section, you
demonstrate that your non-certified engine complies with the emission
standards specified in Sec. 60.4233(f).
(d) Emergency stationary ICE may be operated for the purpose of
maintenance checks and readiness testing, provided that the tests are
recommended by Federal, State or local government, the manufacturer,
the vendor, or the insurance company associated with the engine.
Maintenance checks and readiness testing of such units is limited to
100 hours per year. There is no time limit on the use of emergency
stationary ICE in emergency situations. The owner or operator may
petition the Administrator for approval of additional hours to be used
for maintenance checks and readiness testing, but a petition is not
required if the owner or operator maintains records indicating that
Federal, State, or local standards require maintenance and testing of
emergency ICE beyond 100 hours per year. Emergency stationary ICE may
operate up to 50 hours per year in 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. For owners and
operators of emergency engines, any operation other than emergency
operation, maintenance and testing, and operation in non-emergency
situations for 50 hours per year, as permitted in this section, is
prohibited.
(e) Owners and operators of stationary SI natural gas fired engines
may operate their engines using propane for a maximum of 100 hours per
year as an alternative fuel solely during emergency operations, but
must keep records of such use. If propane is used for more than 100
hours per year in an engine that is not certified to the emission
standards when using propane, the owners and operators are required to
conduct a performance test to

[[Page 3597]]

demonstrate compliance with the emission standards of Sec. 60.4233.
(f) If you are an owner or operator of a stationary SI internal
combustion engine that is less than or equal to 500 HP and you purchase
a non-certified engine or you do not operate and maintain your
certified stationary SI internal combustion engine and control device
according to the manufacturer's written emission-related instructions,
you are required to perform initial performance testing as indicated in
this section, but you are not required to conduct subsequent
performance testing unless the stationary engine is rebuilt or
undergoes major repair or maintenance. A rebuilt stationary SI ICE
means an engine that has been rebuilt as that term is defined in 40 CFR
94.11(a).
(g) It is expected that air-to-fuel ratio controllers will be used
with the operation of three-way catalysts/non-selective catalytic
reduction. The AFR controller must be maintained and operated
appropriately in order to ensure proper operation of the engine and
control device to minimize emissions at all times.
(h) If you are an owner/operator of an stationary SI internal
combustion engine with maximum engine power greater than or equal to
500 HP that is manufactured after July 1, 2007 and before July 1, 2008,
and must comply with the emission standards specified in sections
60.4233(b) or (c), you must comply by one of the methods specified in
paragraphs (h)(1) through (h)(4) of this section.
(1) Purchasing an engine certified according to 40 CFR part 1048.
The engine must be installed and configured according to the
manufacturer's specifications.
(2) Keeping records of performance test results for each pollutant
for a test conducted on a similar engine. The test must have been
conducted using the same methods specified in this subpart and these
methods must have been followed correctly.
(3) Keeping records of engine manufacturer data indicating
compliance with the standards.
(4) Keeping records of control device vendor data indicating
compliance with the standards.

Testing Requirements for Owners and Operators

Sec. 60.4244 What test methods and other procedures must I use if I
am an owner or operator of a stationary SI internal combustion engine?

Owners and operators of stationary SI ICE who conduct performance
tests must follow the procedures in paragraphs (a) through (f) of this
section.
(a) Each performance test must be conducted within 10 percent of
100 percent peak (or the highest achievable) load and according to the
requirements in Sec. 60.8 and under the specific conditions that are
specified by Table 2 to this subpart.
(b) You may not conduct performance tests during periods of
startup, shutdown, or malfunction, as specified in Sec. 60.8(c). If
your stationary SI internal combustion engine is non-operational, you
do not need to startup the engine solely to conduct a performance test;
however, you must conduct the performance test immediately upon startup
of the engine.
(c) You must conduct three separate test runs for each performance
test required in this section, as specified in Sec. 60.8(f). Each test
run must be conducted within 10 percent of 100 percent peak (or the
highest achievable) load and last at least 1 hour.
(d) To determine compliance with the NO_X mass per unit
output emission limitation, convert the concentration of NO_X
in the engine exhaust using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR18JA08.000

Where:

ER = Emission rate of NO_X in g/HP-hr.
C_d = Measured NO_X concentration in parts per
million by volume (ppmv).
1.912x10-\3\ = Conversion constant for ppm NO_X
to grams per standard cubic meter at 20 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meter per
hour, dry basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, horsepower-hour (HP-hr).

(e) To determine compliance with the CO mass per unit output
emission limitation, convert the concentration of CO in the engine
exhaust using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR18JA08.001

Where:

ER = Emission rate of CO in g/HP-hr.
C_d = Measured CO concentration in ppmv.
1.164x10-\3\ = Conversion constant for ppm CO to grams
per standard cubic meter at 20 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meters per
hour, dry basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.

(f) For purposes of this subpart, when calculating emissions of
VOC, emissions of formaldehyde should not be included. To determine
compliance with the VOC mass per unit output emission limitation,
convert the concentration of VOC in the engine exhaust using Equation 3
of this section:
[GRAPHIC] [TIFF OMITTED] TR18JA08.002

Where:

ER = Emission rate of VOC in g/HP-hr.
C_d = VOC concentration measured as propane in ppmv.
1.833x10-\3\ = Conversion constant for ppm VOC measured
as propane, to grams per

[[Page 3598]]

standard cubic meter at 20 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meters per
hour, dry basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.

(g) If the owner/operator chooses to measure VOC emissions using
either Method 18 of 40 CFR part 60, appendix A, or Method 320 of 40 CFR
part 63, appendix A, then it has the option of correcting the measured
VOC emissions to account for the potential differences in measured
values between these methods and Method 25A. The results from Method 18
and Method 320 can be corrected for response factor differences using
Equations 4 and 5 of this section. The corrected VOC concentration can
then be placed on a propane basis using Equation 6 of this section.
[GRAPHIC] [TIFF OMITTED] TR18JA08.003

Where:

RF_i = Response factor of compound i when measured with
EPA Method 25A.
C_M_i = Measured concentration of compound i in
ppmv as carbon.
C_A_i = True concentration of compound i in ppmv
as carbon.
[GRAPHIC] [TIFF OMITTED] TR18JA08.004

Where:

C_i _corr = Concentration of compound i
corrected to the value that would have been measured by EPA Method
25A, ppmv as carbon.
C_i _meas = Concentration of compound i measured
by EPA Method 320, ppmv as carbon.
[GRAPHIC] [TIFF OMITTED] TR18JA08.005

Where:

C_Peq = Concentration of compound i in mg of propane
equivalent per DSCM.

Notification, Reports, and Records for Owners and Operators

Sec. 60.4245 What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary SI internal
combustion engine?

Owners or operators of stationary SI ICE must meet the following
notification, reporting and recordkeeping requirements.
(a) Owners and operators of all stationary SI ICE must keep records
of the information in paragraphs (a)(1) through (4) of this section.
(1) All notifications submitted to comply with this subpart and all
documentation supporting any notification.
(2) Maintenance conducted on the engine.
(3) If the stationary SI internal combustion engine is a certified
engine, documentation from the manufacturer that the engine is
certified to meet the emission standards and information as required in
40 CFR parts 90 and 1048.
(4) If the stationary SI internal combustion engine is not a
certified engine or is a certified engine operating in a non-certified
manner and subject to Sec. 60.4243(a)(2), documentation that the
engine meets the emission standards.
(b) For all stationary SI emergency ICE greater than or equal to
500 HP manufactured on or after July 1, 2010, that do not meet the
standards applicable to non-emergency engines, the owner or operator of
must keep records of the hours of operation of the engine that is
recorded through the non-resettable hour meter. For all stationary SI
emergency ICE greater than or equal to 130 HP and less than 500 HP
manufactured on or after July 1, 2011 that do not meet the standards
applicable to non-emergency engines, the owner or operator of must keep
records of the hours of operation of the engine that is recorded
through the non-resettable hour meter. For all stationary SI emergency
ICE greater than 25 HP and less than 130 HP manufactured on or after
July 1, 2008, that do not meet the standards applicable to non-
emergency engines, the owner or operator of must keep records of the
hours of operation of the engine that is recorded through the non-
resettable hour meter. The owner or operator must document how many
hours are spent for emergency operation, including what classified the
operation as emergency and how many hours are spent for non-emergency
operation.
(c) Owners and operators of stationary SI ICE greater than or equal
to 500 HP that have not been certified by an engine manufacturer to
meet the emission standards in Sec. 60.4231 must submit an initial
notification as required in Sec. 60.7(a)(1). The notification must
include the information in paragraphs (c)(1) through (5) of this section.
(1) Name and address of the owner or operator;
(2) The address of the affected source;
(3) Engine information including make, model, engine family, serial
number, model year, maximum engine power, and engine displacement;
(4) Emission control equipment; and
(5) Fuel used.
(d) Owners and operators of stationary SI ICE that are subject to
performance testing must submit a copy of each performance test as
conducted in Sec. 60.4244 within 60 days after the test has been
completed.

General Provisions

Sec. 60.4246 What parts of the General Provisions apply to me?

Table 3 to this subpart shows which parts of the General Provisions
in Sec. Sec. 60.1 through 60.19 apply to you.

Mobile Source Provisions

Sec. 60.4247 What parts of the mobile source provisions apply to me
if I am a manufacturer of stationary SI internal combustion engines?

(a) Manufacturers certifying to emission standards in 40 CFR part
90, including manufacturers certifying emergency engines below 130 HP,
must meet the provisions of 40 CFR part 90.
(b) Manufacturers certifying to emission standards in 40 CFR part
1048 must meet the provisions of 40 CFR part 1048. Manufacturers of
stationary SI internal combustion engines that are less than 100 HP
participating in the voluntary certification program must meet the
requirements in Table 4 to this subpart.
(c) For manufacturers of stationary SI internal combustion engines
participating in the voluntary certification program and certifying
engines to Table 1 to this subpart, Table 4 to this subpart shows which
parts of the mobile source provisions in 40 CFR parts 1048, 1065, and
1068 apply to you. Compliance with the deterioration factor provisions
under 40 CFR 1048.205(n) and 1048.240 will be required for engines
built new on and after January 1, 2010. Prior to January 1, 2010,
manufacturers of stationary internal combustion engines participating
in the voluntary certification program have the option to develop their
own deterioration factors based on an engineering analysis.

Definitions

Sec. 60.4248 What definitions apply to this subpart?

As used in this subpart, all terms not defined herein shall have
the meaning given them in the CAA and in subpart A of this part.
Certified 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. 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

[[Page 3599]]

given in 40 CFR 1048.101(g). The certified emissions life for
stationary SI ICE with a maximum engine power greater than or equal to
75 KW (100 HP) certified under the voluntary manufacturer certification
program of this subpart is 5,000 hours or 7 years, whichever comes first.
Certified stationary internal combustion engine means an engine
that belongs to an engine family that has a certificate of conformity
that complies with the emission standards and requirements in this
part, or of 40 CFR part 90 or 40 CFR part 1048, as appropriate.
Combustion turbine means all equipment, including but not limited
to the turbine, the fuel, air, lubrication and exhaust gas systems,
control systems (except emissions control equipment), and any ancillary
components and sub-components comprising any simple cycle combustion
turbine, any regenerative/recuperative cycle combustion turbine, the
combustion turbine portion of any cogeneration cycle combustion system,
or the combustion turbine portion of any combined cycle steam/electric
generating system.
Compression ignition means relating to a type of stationary
internal combustion engine that is not a spark ignition engine.
Diesel fuel means any liquid obtained from the distillation of
petroleum with a boiling point of approximately 150 to 360 degrees
Celsius. One commonly used form is number 2 distillate oil.
Digester gas means any gaseous by-product of wastewater treatment
typically formed through the anaerobic decomposition of organic waste
materials and composed principally of methane and carbon dioxide
(CO₂).
Emergency stationary internal combustion engine means any
stationary internal combustion engine whose operation is limited to
emergency situations and required testing and maintenance. Examples
include stationary ICE used to produce power for critical networks or
equipment (including power supplied to portions of a facility) when
electric power from the local utility (or the normal power source, if
the facility runs on its own power production) is interrupted, or
stationary ICE used to pump water in the case of fire or flood, etc.
Stationary SI ICE used for peak shaving are not considered emergency
stationary ICE. Stationary ICE used to supply power to an electric grid
or that supply power as part of a financial arrangement with another
entity are not considered to be emergency engines.
Engine manufacturer means the manufacturer of the engine. See the
definition of ``manufacturer'' in this section.
Four-stroke engine means any type of engine which completes the
power cycle in two crankshaft revolutions, with intake and compression
strokes in the first revolution and power and exhaust strokes in the
second revolution.
Gasoline means any fuel sold in any State for use in motor vehicles
and motor vehicle engines, or nonroad or stationary engines, and
commonly or commercially known or sold as gasoline.
Landfill gas means a gaseous by-product of the land application of
municipal refuse typically formed through the anaerobic decomposition
of waste materials and composed principally of methane and CO₂.
Lean burn engine means any two-stroke or four-stroke spark ignited
engine that does not meet the definition of a rich burn engine.
Liquefied petroleum gas means any liquefied hydrocarbon gas
obtained as a by-product in petroleum refining of natural gas production.
Manufacturer has the meaning given in section 216(1) of the Clean
Air Act. In general, this term includes any person who manufactures a
stationary engine for sale in the United States or otherwise introduces
a new stationary engine into commerce in the United States. This
includes importers who import stationary engines for resale.
Maximum engine power means maximum engine power as defined in 40
CFR 1048.801.
Model year means either: The calendar year in which the engine was
originally produced, or the annual new model production period of the
engine manufacturer if it is different than the calendar year. This
must include January 1 of the calendar year for which the model year is
named. It may not begin before January 2 of the previous calendar year,
and it must end by December 31 of the named calendar year. For an
engine that is converted to a stationary engine after being placed into
service as a nonroad or other non-stationary engine, model year means
the calendar year or new model production period in which the engine
was originally produced.
Natural gas means a naturally occurring mixture of hydrocarbon and
non-hydrocarbon gases found in geologic formations beneath the Earth's
surface, of which the principal constituent is methane. Natural gas may
be field or pipeline quality.
Other internal combustion engine means any internal combustion
engine, except combustion turbines, which is not a reciprocating
internal combustion engine or rotary internal combustion engine.
Pipeline-quality natural gas means a naturally occurring fluid
mixture of hydrocarbons (e.g., methane, ethane, or propane) produced in
geological formations beneath the Earth's surface that maintains a
gaseous state at standard atmospheric temperature and pressure under
ordinary conditions, and which is provided by a supplier through a
pipeline. Pipeline-quality natural gas must either be composed of at
least 70 percent methane by volume or have a gross calorific value
between 950 and 1,100 British thermal units per standard cubic foot.
Rich burn engine means any four-stroke spark ignited engine where
the manufacturer's recommended operating air/fuel ratio divided by the
stoichiometric air/fuel ratio at full load conditions is less than or
equal to 1.1. Engines originally manufactured as rich burn engines, but
modified prior to June 12, 2006, with passive emission control
technology for NO_X (such as pre-combustion chambers) will be
considered lean burn engines. Also, existing engines where there are no
manufacturer's recommendations regarding air/fuel ratio will be
considered a rich burn engine if the excess oxygen content of the
exhaust at full load conditions is less than or equal to 2 percent.
Rotary internal combustion engine means any internal combustion engine
which uses rotary motion to convert heat energy into mechanical work.
Spark ignition means relating to either: a gasoline-fueled engine;
or any other type of engine with a spark plug (or other sparking
device) and with operating characteristics significantly similar to the
theoretical Otto combustion cycle. Spark ignition engines usually use a
throttle to regulate intake air flow to control power during normal
operation. Dual-fuel engines in which a liquid fuel (typically diesel
fuel) is used for compression ignition and gaseous fuel (typically
natural gas) is used as the primary fuel at an annual average ratio of
less than 2 parts diesel fuel to 100 parts total fuel on an energy
equivalent basis are spark ignition engines.
Stationary internal combustion engine means any internal combustion
engine, except combustion turbines, that converts heat energy into
mechanical work and is not mobile. Stationary ICE differ from mobile
ICE in that a stationary internal combustion engine is

[[Page 3600]]

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
or a vehicle used solely for competition. Stationary ICE include
reciprocating ICE, rotary ICE, and other ICE, except combustion turbines.
Stationary internal combustion engine test cell/stand means an
engine test cell/stand, as defined in subpart PPPPP of this part, that
test stationary ICE.
Stoichiometric means the theoretical air-to-fuel ratio required for
complete combustion.
Subpart means 40 CFR part 60, subpart JJJJ.
Two-stroke engine means a type of engine which completes the power
cycle in single crankshaft revolution by combining the intake and
compression operations into one stroke and the power and exhaust
operations into a second stroke. This system requires auxiliary
scavenging and inherently runs lean of stoichiometric.
Volatile organic compounds means volatile organic compounds as
defined in 40 CFR 51.100(s).
Voluntary certification program means an optional engine
certification program that manufacturers of stationary SI internal
combustion engines with a maximum engine power greater than 19 KW (25
HP) that do not use gasoline and are not rich burn engines that use LPG
can choose to participate in to certify their engines to the emission
standards in Sec. 60.4231(d) or (e), as applicable.

Tables to Subpart JJJJ of Part 60

Table 1 to Subpart JJJJ of Part 60.--NOX, CO, and VOC Emission Standards for Stationary Non-Emergency SI Engines
[gteqt]100 HP (Except Gasoline and Rich Burn LPG), Stationary SI Landfill/Digester Gas Engines, and Stationary
Emergency Engines >25 HP
----------------------------------------------------------------------------------------------------------------
Emission standards \a\
-----------------------------------------------
Maximum engine Manufacture g/HP-hr ppmvd at 15% O2
Engine type and fuel power date -----------------------------------------------
VOC
NOX CO VOC\d\ NOX CO \d\
----------------------------------------------------------------------------------------------------------------
Non-Emergency SI Natural Gas\b\ 100< =HP< 500....... 7/1/2008 2.0 4.0 1.0 160 540 86
and Non-Emergency SI Lean Burn 1/1/2011 1.0 2.0 0.7 82 270 60
LPG\b\.
Non-Emergency SI Lean Burn 500>=HP<1,350..... 1/1/2008 2.0 4.0 1.0 160 540 86
Natural Gas and LPG. 7/1/2010 1.0 2.0 0.7 82 270 60
Non-Emergency SI Natural Gas HP[gteqt]500...... 7/1/2007 2.0 4.0 1.0 160 540 86
and Non-Emergency SI Lean Burn HP[gteqt]500...... 7/1/2010 1.0 2.0 0.7 82 270 60
LPG (except lean burn
500=>=HP<1,350).
Landfill/Digester Gas (except HP< 500............ 7/1/2008 3.0 5.0 1.0 220 610 80
lean burn 500[gteqt]HP< 1,350). 1/1/2011 2.0 5.0 1.0 150 610 80
HP[gteqt]500...... 7/1/2007 3.0 5.0 1.0 220 610 80
7/1/2010 2.0 5.0 1.0 150 610 80
Landfill/Digester Gas Lean Burn 500[gteqt]HP< 1,350 1/1/2008 3.0 5.0 1.0 220 610 80
7/1/2010 2.0 5.0 1.0 150 610 80

Emergency...................... 25>HP<130......... 1/1/2009 \c\ 10 387 N/A N/A N/A N/A
2.0 4.0 1.0 160 540 86
HP[gteqt]130......
----------------------------------------------------------------------------------------------------------------
\a\ Owners and operators of stationary non-certified SI engines may choose to comply with the emission standards
in units of either g/HP-hr or ppmvd at 15 percent O₂.
\b\ Owners and operators of new or reconstructed non-emergency lean burn SI stationary engines with a site
rating of greater than or equal to 250 brake HP located at a major source that are meeting the requirements of
40 CFR part 63, subpart ZZZZ, Table 2A do not have to comply with the CO emission standards of Table 1 of this
subpart.
\c\ The emission standards applicable to emergency engines between 25 HP and 130 HP are in terms of NOX+HC.
\d\ For purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of
formaldehyde should not be included.

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

[[Page 3601]]

............................. iv. If necessary, measure (4) Method 4 of 40 CFR part (c) Measurements to
moisture content of the 60, appendix A, Method 320 determine moisture must be
stationary internal of 40 CFR part 63, appendix made at the same time as
combustion engine exhaust at A, or ASTM D6348-03 the measurement for NOX
the sampling port location; (incorporated by reference, concentration.
and see Sec. 60.17).
............................. v. Measure NOX at the exhaust (5) Method 7E of 40 CFR part (d) Results of this test
of the stationary internal 60, appendix A, Method D6522- consist of the average of
combustion engine. 00(2005) \a\, Method 320 of the three 1-hour or longer
40 CFR part 63, appendix A, runs.
or ASTM D6348-03
(incorporated by reference,
see Sec. 60.17).
b. limit the concentration of i. Select the sampling port (1) Method 1 or 1A of 40 CFR (a) If using a control
CO in the stationary SI location and the number of part 60, Appendix A. device, the sampling site
internal combustion engine traverse points; must be located at the
exhaust. outlet of the control
device.
............................. ii. Determine the O2 (2) Method 3, 3A, or 3Bb of (b) Measurements to
concentration of the 40 CFR part 60, appendix A determine O2 concentration
stationary internal or ASTM Method D6522- must be made at the same
combustion engine exhaust at 00(2005) \a\. time as the measurements
the sampling port location; for CO concentration.
............................. iii. Determine the exhaust (3) Method 2 or 19 of 40 CFR ............................
flowrate of the stationary part 60.
internal combustion engine
exhaust;
............................. iv. If necessary, measure (4) Method 4 of 40 CFR part (c) Measurements to
moisture content of the 60, appendix A, Method 320 determine moisture must be
stationary internal of 40 CFR part 63, appendix made at the same time as
combustion engine exhaust at A, or ASTM D6348-03 the measurement for CO
the sampling port location; (incorporated by reference, concentration.
and see Sec. 60.17).
............................. v. Measure CO at the exhaust (5) Method 10 of 40 CFR part (d) Results of this test
of the stationary internal 60, appendix A, ASTM Method consist of the average of
combustion engine. D6522-00(2005) \a\, Method the three 1-hour or longer
320 of 40 CFR part 63, runs.
appendix A, or ASTM D 6348-
03 (incorporated by
reference, see Sec.
60.17).
c. limit the concentration of i. Select the sampling port (1) Method 1 or 1A of 40 CFR (a) If using a control
VOC in the stationary SI location and the number of part 60, Appendix A. device, the sampling site
internal combustion engine traverse points; must be located at the
exhaust. outlet of the control
device.
............................. ii. Determine the O2 (2) Method 3, 3A, or 3B \b\ (b) Measurements to
concentration of the of 40 CFR part 60, appendix determine O2 concentration
stationary internal A or ASTM Method D6522- must be made at the same
combustion engine exhaust at 00(2005) \a\. time as the measurements
the sampling port location; for VOC concentration.
............................. iii. Determine the exhaust (3) Method 2 or 19 of 40 CFR ............................
flowrate of the stationary part 60.
internal combustion engine
exhaust;

[[Page 3602]]

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

[[Page 3603]]

Table 4 to Subpart JJJJ of Part 60.--Applicability of Mobile Source Provisions for Manufacturers Participating
in the Voluntary Certification Program and Certifying Stationary SI ICE to Emission Standards in Table 1 of
Subpart JJJJ
[As stated in Sec. 60.4247, you must comply with the following applicable mobile source provisions if you are
a manufacturer participating in the voluntary certification program and certifying stationary SI ICE to emission
standards in Table 1 of Subpart JJJJ]
----------------------------------------------------------------------------------------------------------------
Mobile source provisions citation Subject of citation Applies to subpart Explanation
----------------------------------------------------------------------------------------------------------------
1048 Subpart A....................... Overview and Yes....................
Applicability.
1048 Subpart B....................... Emission Standards and Yes.................... Except for the specific
Related Requirements. sections below.
1048.101............................. Exhaust Emission No.....................
Standards.
1048.105............................. Evaporative Emission No.....................
Standards.
1048.110............................. Diagnosing Malfunctions No.....................
1048.140............................. Certifying Blue Sky No.....................
Series Engines.
1048.145............................. Interim Provisions..... No.....................
1048 Subpart C....................... Certifying Engine Yes.................... Except for the specific
Families. sections below.
1048.205(b).......................... AECD reporting......... Yes....................
1048.205(c).......................... OBD Requirements....... No.....................
1048.205(n).......................... Deterioration Factors.. Yes.................... Except as indicated in
60.4247(c).
1048.205(p)(1)....................... Deterioration Factor Yes....................
Discussion.
1048.205(p)(2)....................... Liquid Fuels as they No.....................
require.
1048.240(b)(c)(d).................... Deterioration Factors.. Yes....................
1048 Subpart D....................... Testing Production-Line Yes....................
Engines.
1048 Subpart E....................... Testing In-Use Engines. No.....................
1048 Subpart F....................... Test Procedures........ Yes....................
1065.5(a)(4)......................... Raw sampling (refers Yes....................
reader back to the
specific emissions
regulation for
guidance).
1048 Subpart G....................... Compliance Provisions.. Yes....................
1048 Subpart H....................... Reserved...............
1048 Subpart I....................... Definitions and Other Yes....................
Reference Information.
1048 Appendix I and II............... ....................... Yes....................
1065 (all subparts).................. Engine Testing Yes.................... Except for the specific
Procedures. section below.
1065.715............................. Test Fuel No.....................
Specifications for
Natural Gas.
1068 (all subparts).................. General Compliance Yes.................... Except for the specific
Provisions for Nonroad sections below.
Programs.
1068.245............................. Hardship Provisions for No.....................
Unusual Circumstances.
1068.250............................. Hardship Provisions for No.....................
Small-Volume
Manufacturers.
1068.255............................. Hardship Provisions for No.....................
Equipment
Manufacturers and
Secondary Engine
Manufacturers.
----------------------------------------------------------------------------------------------------------------

PART 63--[AMENDED]

• 4. The authority citation for part 63 continues to read as follows:

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

Subpart A--[AMENDED]

• 5. Section 63.14 is amended by revising paragraph (b)(27) and adding
paragraph (b)(64) to read as follows:

Sec. 63.14 Incorporations by reference.

* * * * *
(b) * * *
(27) ASTM D6522-00, Standard Test Method for Determination of
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in
Emissions from Natural Gas Fired Reciprocating Engines, Combustion
Turbines, Boilers, and Process Heaters Using Portable Analyzers,\1\ IBR
approved for Sec. 63.9307(c)(2) and Table 5 to Subpart DDDDD of this part.
* * * * *
(64) ASTM D6522-00 (Reapproved 2005), Standard Test Method for
Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen
Concentrations in Emissions from Natural Gas Fired Reciprocating
Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable
Analyzers,\1\ IBR approved for Table 4 to Subpart ZZZZ of this part.
* * * * *

• 6. Section 63.6580 is revised to read as follows:

Sec. 63.6580 What is the purpose of subpart ZZZZ?

Subpart ZZZZ establishes national emission limitations and
operating limitations for hazardous air pollutants (HAP) emitted from
stationary reciprocating internal combustion engines (RICE) located at
major and area sources of HAP emissions. This subpart also establishes
requirements to demonstrate initial and continuous compliance with the
emission limitations and operating limitations.

• 7. Section 63.6585 is amended by:
• a. Revising the introductory text;
• b. Adding paragraph (c);
• c. Adding paragraph (d); and
• d. Adding paragraph (e).
The revision and additions read as follows:

[[Page 3604]]

Sec. 63.6585 Am I subject to this subpart?

You are subject to this subpart if you own or operate a stationary
RICE at a major or area source of HAP emissions, except if the
stationary RICE is being tested at a stationary RICE test cell/stand.
* * * * *
(c) An area source of HAP emissions is a source that is not a major
source.
(d) If you are an owner or operator of an area source subject to
this subpart, your status as an entity subject to a standard or other
requirements under this subpart does not subject you to the obligation
to obtain a permit under 40 CFR part 70 or 71, provided you are not
required to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for
a reason other than your status as an area source under this subpart.
Notwithstanding the previous sentence, you must continue to comply with
the provisions of this subpart as applicable.
(e) If you are an owner or operator of a stationary RICE used for
national security purposes, you may be eligible to request an exemption
from the requirements of this subpart as described in 40 CFR part 1068,
subpart C.

• 8. Section 63.6590 is amended by revising paragraphs (a) and (b), and
adding paragraph (c), to read as follows:

Sec. 63.6590 What parts of my plant does this subpart cover?

* * * * *
(a) Affected source. An affected source is any existing, new, or
reconstructed stationary RICE located at a major or area source of HAP
emissions, excluding stationary RICE being tested at a stationary RICE
test cell/stand.
(1) Existing stationary RICE.
(i) For stationary RICE with a site rating of more than 500 brake
horsepower (HP) located at a major source of HAP emissions, a
stationary RICE is existing if you commenced construction or
reconstruction of the stationary RICE before December 19, 2002.
(ii) For stationary RICE with a site rating of less than or equal
to 500 brake HP located at a major source of HAP emissions, a
stationary RICE is existing if you commenced construction or
reconstruction of the stationary RICE before June 12, 2006.
(iii) For stationary RICE located at an area source of HAP
emissions, a stationary RICE is existing if you commenced construction
or reconstruction of the stationary RICE before June 12, 2006.
(iv) A change in ownership of an existing stationary RICE does not
make that stationary RICE a new or reconstructed stationary RICE.
(2) New stationary RICE. (i) A stationary RICE with a site rating
of more than 500 brake HP located at a major source of HAP emissions is
new if you commenced construction of the stationary RICE on or after
December 19, 2002.
(ii) A stationary RICE with a site rating of equal to or less than
500 brake HP located at a major source of HAP emissions is new if you
commenced construction of the stationary RICE on or after June 12, 2006.
(iii) A stationary RICE located at an area source of HAP emissions
is new if you commenced construction of the stationary RICE on or after
June 12, 2006.
(3) Reconstructed stationary RICE. (i) A stationary RICE with a
site rating of more than 500 brake HP located at a major source of HAP
emissions is reconstructed if you meet the definition of reconstruction
in Sec. 63.2 and reconstruction is commenced on or after December 19, 2002.
(ii) A stationary RICE with a site rating of equal to or less than
500 brake HP located at a major source of HAP emissions is
reconstructed if you meet the definition of reconstruction in Sec.
63.2 and reconstruction is commenced on or after June 12, 2006.
(iii) A stationary RICE located at an area source of HAP emissions
is reconstructed if you meet the definition of reconstruction in Sec.
63.2 and reconstruction is commenced on or after June 12, 2006.
(b) Stationary RICE subject to limited requirements. (1) An
affected source which meets either of the criteria in paragraph
(b)(1)(i) through (ii) of this section does not have to meet the
requirements of this subpart and of subpart A of this part except for
the initial notification requirements of Sec. 63.6645(h).
(i) The stationary RICE is a new or reconstructed emergency
stationary RICE with a site rating of more than 500 brake HP located at
a major source of HAP emissions; or
(ii) The stationary RICE is a new or reconstructed limited use
stationary RICE with a site rating of more than 500 brake HP located at
a major source of HAP emissions.
(2) A new or reconstructed stationary RICE with a site rating of
more than 500 brake HP located at a major source of HAP emissions which
combusts landfill or digester gas equivalent to 10 percent or more of
the gross heat input on an annual basis must meet the initial
notification requirements of Sec. 63.6645(h) and the requirements of
Sec. Sec. 63.6625(c), 63.6650(g), and 63.6655(c). These stationary
RICE do not have to meet the emission limitations and operating
limitations of this subpart.
(3) A stationary RICE which is an existing spark ignition 4 stroke
rich burn (4SRB) stationary RICE located at an area source, an existing
spark ignition 4SRB stationary RICE with a site rating of less than or
equal to 500 brake HP located at a major source, an existing spark
ignition 2 stroke lean burn (2SLB) stationary RICE, an existing spark
ignition 4 stroke lean burn (4SLB) stationary RICE, an existing
compression ignition (CI) stationary RICE, an existing emergency
stationary RICE, an existing limited use stationary RICE, or an
existing stationary RICE that combusts landfill gas or digester gas
equivalent to 10 percent or more of the gross heat input on an annual
basis, does not have to meet the requirements of this subpart and of
subpart A of this part. No initial notification is necessary.
(c) Stationary RICE subject to Regulations under 40 CFR Part 60. An
affected source that is a new or reconstructed stationary RICE located
at an area source, or is a new or reconstructed stationary RICE located
at a major source of HAP emissions and is a spark ignition 2 stroke
lean burn (2SLB) stationary RICE with a site rating of less than 500
brake HP, a spark ignition 4 stroke lean burn (4SLB) stationary RICE
with a site rating of less than 250 brake HP, or a 4 stroke rich burn
(4SRB) stationary RICE with a site rating of less than or equal to 500
brake HP, a stationary RICE with a site rating of less than or equal to
500 brake HP which combusts landfill or digester gas equivalent to 10
percent or more of the gross heat input on an annual basis, an
emergency or limited use stationary RICE with a site rating of less
than or equal to 500 brake HP, or a compression ignition (CI)
stationary RICE with a site rating of less than or equal to 500 brake
HP, must meet the requirements of this part by meeting the requirements
of 40 CFR part 60 subpart IIII, for compression ignition engines or 40
CFR part 60 subpart JJJJ, for spark ignition engines. No further
requirements apply for such engines under this part.

• 9. Section 63.6595 is amended by revising paragraphs (a) and (b)(2) to
read as follows:

Sec. 63.6595 When do I have to comply with this subpart?

(a) Affected Sources. (1) If you have an existing stationary RICE
with a site rating of more than 500 brake HP located at a major source
of HAP emissions, you must comply with the

[[Page 3605]]

applicable emission limitations and operating limitations no later than
June 15, 2007.
(2) If you start up your new or reconstructed stationary RICE with
a site rating of more than 500 brake HP located at a major source of
HAP emissions before August 16, 2004, you must comply with the
applicable emission limitations and operating limitations in this
subpart no later than August 16, 2004.
(3) If you start up your new or reconstructed stationary RICE with
a site rating of more than 500 brake HP located at a major source of
HAP emissions after August 16, 2004, you must comply with the
applicable emission limitations and operating limitations in this
subpart upon startup of your affected source.
(4) If you start up your new or reconstructed stationary RICE with
a site rating of less than or equal to 500 brake HP located at a major
source of HAP emissions before January 18, 2008, you must comply with
the applicable emission limitations and operating limitations in this
subpart no later than January 18, 2008.
(5) If you start up your new or reconstructed stationary RICE with
a site rating of less than or equal to 500 brake HP located at a major
source of HAP emissions after January 18, 2008, you must comply with
the applicable emission limitations and operating limitations in this
subpart upon startup of your affected source.
(6) If you start up your new or reconstructed stationary RICE
located at an area source of HAP emissions before January 18, 2008, you
must comply with the applicable emission limitations and operating
limitations in this subpart no later than January 18, 2008.
(7) If you start up your new or reconstructed stationary RICE
located at an area source of HAP emissions after January 18, 2008, you
must comply with the applicable emission limitations and operating
limitations in this subpart upon startup of your affected source.
(b)* * *
(2) Any stationary RICE for which construction or reconstruction is
commenced before your area source becomes a major source of HAP must be
in compliance with the provisions of this subpart that are applicable
to RICE located at major sources within 3 years after your area source
becomes a major source of HAP.
* * * * *

• 10. Section 63.6600 is revised to read as follows:

Sec. 63.6600 What emission limitations and operating limitations must
I meet if I own or operate a stationary RICE with a site rating of more
than 500 brake HP located at a major source of HAP emissions?

(a) If you own or operate an existing, new, or reconstructed spark
ignition 4SRB stationary RICE with a site rating of more than 500 brake
HP located at a major source of HAP emissions, you must comply with the
emission limitations in Table 1a to this subpart and the operating
limitations in Table 1b to this subpart which apply to you.
(b) If you own or operate a new or reconstructed 2SLB stationary
RICE with a site rating of more than 500 brake HP located at major
source of HAP emissions, a new or reconstructed 4SLB stationary RICE
with a site rating of more than 500 brake HP located at major source of
HAP emissions, or a new or reconstructed CI stationary RICE with a site
rating of more than 500 brake HP located at a major source of HAP
emissions, you must comply with the emission limitations in Table 2a to
this subpart and the operating limitations in Table 2b to this subpart
which apply to you.
(c) If you own or operate any of the following RICE with a site
rating of more than 500 brake HP located at a major source of HAP
emissions, you do not need to comply with the emission limitations in
Tables 1a and 2a to this subpart or operating limitations in Tables 1b
and 2b to this subpart: an existing 2SLB stationary RICE, an existing
4SLB stationary RICE, or an existing CI stationary RICE; a stationary
RICE that combusts landfill gas or digester gas equivalent to 10
percent or more of the gross heat input on an annual basis; an
emergency stationary RICE; or a limited use stationary RICE.

• 11. Section 63.6601 is added to read as follows:

Sec. 63.6601 What emission limitations must I meet if I own or
operate a 4SLB stationary RICE with a site rating of greater than or
equal to 250 brake HP and less than 500 brake HP located at a major
source of HAP emissions?

If you own or operate a new or reconstructed 4SLB stationary RICE
with a site rating of greater than or equal to 250 and less than or
equal to 500 brake HP located at major source of HAP emissions
manufactured on or after January 1, 2008, you must comply with the
emission limitations in Table 2a to this subpart and the operating
limitations in Table 2b to this subpart which apply to you.

• 12. Section 63.6610 is amended by:
• a. Revising the section heading;
• b. Adding introductory text; and
• c. Revising paragraphs (a) through (c).
The revisions and additions read as follows:

Sec. 63.6610 By what date must I conduct the initial performance
tests or other initial compliance demonstrations if I own or operate a
stationary RICE with a site rating of more than 500 brake HP located at
a major source of HAP emissions?

If you own or operate a stationary RICE with a site rating of more
than 500 brake HP located at a major source of HAP emissions you are
subject to the requirements of this section.
(a) You must conduct the initial performance test or other initial
compliance demonstrations in Table 4 to this subpart that apply to you
within 180 days after the compliance date that is specified for your
stationary RICE in Sec. 63.6595 and according to the provisions in
Sec. 63.7(a)(2).
(b) If you commenced construction or reconstruction between
December 19, 2002 and June 15, 2004 and own or operate stationary RICE
with a site rating of more than 500 brake HP located at a major source
of HAP emissions, you must demonstrate initial compliance with either
the proposed emission limitations or the promulgated emission
limitations no later than February 10, 2005 or no later than 180 days
after startup of the source, whichever is later, according to Sec.
63.7(a)(2)(ix).
(c) If you commenced construction or reconstruction between
December 19, 2002 and June 15, 2004 and own or operate stationary RICE
with a site rating of more than 500 brake HP located at a major source
of HAP emissions, and you chose to comply with the proposed emission
limitations when demonstrating initial compliance, you must conduct a
second performance test to demonstrate compliance with the promulgated
emission limitations by December 13, 2007 or after startup of the
source, whichever is later, according to Sec. 63.7(a)(2)(ix).
* * * * *

• 13. Section 63.6611 is added to read as follows:

Sec. 63.6611 By what date must I conduct the initial performance
tests or other initial compliance demonstrations if I own or operate a
4SLB SI stationary RICE with a site rating of greater than or equal to
250 and less than or equal to 500 brake HP located at a major source of
HAP emissions?

If you own or operate a new or reconstructed 4SLB stationary RICE
with a site rating of greater than or equal to 250 and less than or
equal to 500 brake HP located at a major source of HAP emissions, you
must conduct an

[[Page 3606]]

initial performance test within 240 days after the compliance date that
is specified for your stationary RICE in Sec. 63.6595 and according to
the provisions specified in Table 4 to this subpart, as appropriate.

• 14. Section 63.6625 is amended by adding paragraph (d) to read as follows:

Sec. 63.6625 What are my monitoring, installation, operation, and
maintenance requirements?

* * * * *
(d) If you are operating a new or reconstructed emergency 4SLB
stationary RICE with a site rating of greater than or equal to 250 and
less than or equal to 500 brake HP located at a major source of HAP
emissions, you must install a non-resettable hour meter prior to the
startup of the engine.

• 15. Section 63.6640 is amended by revising paragraph (e) to read as
follows:

Sec. 63.6640 How do I demonstrate continuous compliance with the
emission limitations and operating limitations?

* * * * *
(e) You must also report each instance in which you did not meet
the requirements in Table 8 to this subpart that apply to you. If you
own or operate any stationary RICE with a site rating of less than or
equal to 500 brake HP located at a major source of HAP emissions
(except new or reconstructed 4SLB engines greater than or equal to 250
and less than or equal to 500 brake HP), a stationary RICE located at
an area source of HAP emissions, or any of the following RICE with a
site rating of more than 500 brake HP located at a major source of HAP
emissions, you do not need to comply with the requirements in Table 8
to this subpart: An existing 2SLB stationary RICE, an existing 4SLB
stationary RICE, an existing CI stationary RICE, an existing emergency
stationary RICE, an existing limited use emergency stationary RICE, or
an existing stationary RICE which fires landfill gas or digester gas
equivalent to 10 percent or more of the gross heat input on an annual
basis. If you own or operate any of the following RICE with a site
rating of more than 500 brake HP located at a major source of HAP
emissions, you do not need to comply with the requirements in Table 8
to this subpart, except for the initial notification requirements: a
new or reconstructed stationary RICE that combusts landfill gas or
digester gas equivalent to 10 percent or more of the gross heat input
on an annual basis, a new or reconstructed emergency stationary RICE,
or a new or reconstructed limited use stationary RICE.

• 16. Section 63.6645 is revised to read as follows:

Sec. 63.6645 What notifications must I submit and when?

(a) If you own or operate a stationary RICE with a site rating of
more than 500 brake HP located at a major source of HAP emissions or a
new or reconstructed 4SLB stationary RICE with a site rating of greater
than or equal to 250 HP located at a major source of HAP emissions, you
must submit all of the notifications in Sec. Sec. 63.7(b) and (c),
63.8(e), (f)(4) and (f)(6), 63.9(b) through (e), and (g) and (h) that
apply to you by the dates specified.
(b) As specified in Sec. 63.9(b)(2), if you start up your
stationary RICE with a site rating of more than 500 brake HP located at
a major source of HAP emissions before the effective date of this
subpart, you must submit an Initial Notification not later than
December 13, 2004.
(c) If you start up your new or reconstructed stationary RICE with
a site rating of more than 500 brake HP located at a major source of
HAP emissions on or after August 16, 2004, you must submit an Initial
Notification not later than 120 days after you become subject to this
subpart.
(d) As specified in Sec. 63.9(b)(2), if you start up your
stationary RICE with a site rating of equal to or less than 500 brake
HP located at a major source of HAP emissions before the effective date
of this subpart and you are required to submit an initial notification,
you must submit an Initial Notification not later than July 16, 2008.
(e) If you start up your new or reconstructed stationary RICE with
a site rating of equal to or less than 500 brake HP located at a major
source of HAP emissions on or after March 18, 2008 and you are required
to submit an initial notification, you must submit an Initial Notification
not later than 120 days after you become subject to this subpart.
(f) If you are required to submit an Initial Notification but are
otherwise not affected by the requirements of this subpart, in
accordance with Sec. 63.6590(b), your notification should include the
information in Sec. 63.9(b)(2)(i) through (v), and a statement that
your stationary RICE has no additional requirements and explain the
basis of the exclusion (for example, that it operates exclusively as an
emergency stationary RICE if it has a site rating of more than 500
brake HP located at a major source of HAP emissions).
(g) If you are required to conduct a performance test, you must
submit a Notification of Intent to conduct a performance test at least
60 days before the performance test is scheduled to begin as required
in Sec. 63.7(b)(1).
(h) If you are required to conduct a performance test or other
initial compliance demonstration as specified in Tables 4 and 5 to this
subpart, you must submit a Notification of Compliance Status according
to Sec. 63.9(h)(2)(ii).
(1) For each initial compliance demonstration required in Table 5
to this subpart that does not include a performance test, you must
submit the Notification of Compliance Status before the close of
business on the 30th day following the completion of the initial
compliance demonstration.
(2) For each initial compliance demonstration required in Table 5
to this subpart that includes a performance test conducted according to
the requirements in Table 3 to this subpart, you must submit the
Notification of Compliance Status, including the performance test
results, before the close of business on the 60th day following the
completion of the performance test according to Sec. 63.10(d)(2).

• 17. Section 63.6665 is revised to read as follows:

Sec. 63.6665 What parts of the General Provisions apply to me?

Table 8 to this subpart shows which parts of the General Provisions
in Sec. Sec. 63.1 through 63.15 apply to you. If you own or operate
any stationary RICE with a site rating of less than or equal to 500
brake HP located at a major source of HAP emissions (except new or
reconstructed 4SLB engines greater than or equal to 250 and less than
or equal to 500 brake HP), a stationary RICE located at an area source
of HAP emissions, or any of the following RICE with a site rating of
more than 500 brake HP located at a major source of HAP emissions, you
do not need to comply with any of the requirements of the General
Provisions: An existing 2SLB RICE, an existing 4SLB stationary RICE, an
existing CI stationary RICE, an existing stationary RICE that combusts
landfill gas or digester gas equivalent to 10 percent or more of the
gross heat input on an annual basis, an existing emergency stationary
RICE, or an existing limited use stationary RICE. If you own or operate
any of the following RICE with a site rating of more than 500 brake HP
located at a major source of HAP emissions, you do not need to comply
with the requirements in the General Provisions except for the initial
notification requirements: A new stationary RICE that combusts landfill
gas or digester gas equivalent to 10

[[Page 3607]]

percent or more of the gross heat input on an annual basis, a new
emergency stationary RICE, or a new limited use stationary RICE.

• 18. Section 63.6675 is amended by:
• a. Adding definitions of ``Compression Ignition,'' ``Gasoline,'' and
``Spark ignition'' in alphabetical order;
• b. Removing the definitions for ``Compression ignition engine'' and
``Spark ignition engine;'' and
• c. Revising the definitions of ``Emergency stationary RICE'' and
``Natural gas;'' to read as follows:

Sec. 63.6675 What definitions apply to this subpart?

* * * * *
Compression ignition means relating to a type of stationary
internal combustion engine that is not a spark ignition engine.
* * * * *
Emergency stationary RICE means any stationary RICE whose operation
is limited to emergency situations and required testing and
maintenance. Examples include stationary RICE used to produce power for
critical networks or equipment (including power supplied to portions of
a facility) when electric power from the local utility (or the normal
power source, if the facility runs on its own power production) is
interrupted, or stationary RICE used to pump water in the case of fire
or flood, etc. Stationary RICE used for peak shaving are not considered
emergency stationary RICE. Stationary ICE used to supply power to an
electric grid or that supply power as part of a financial arrangement
with another entity are not considered to be emergency engines.
Emergency stationary RICE with a site-rating of more than 500 brake HP
located at a major source of HAP emissions that were installed prior to
June 12, 2006, may be operated for the purpose of maintenance checks
and readiness testing, provided that the tests are recommended by the
manufacturer, the vendor, or the insurance company associated with the
engine. Required testing of such units should be minimized, but there
is no time limit on the use of emergency stationary RICE in emergency
situations and for routine testing and maintenance. Emergency
stationary RICE with a site-rating of more than 500 brake HP located at
a major source of HAP emissions that were installed prior to June 12,
2006, may also operate an additional 50 hours per year in non-emergency
situations. Emergency stationary RICE with a site-rating of more than
500 brake HP located at a major source of HAP emissions that were
installed on or after June 12, 2006, must comply with requirements
specified in 40 CFR 60.4243(d).
* * * * *
Gasoline means any fuel sold in any State for use in motor vehicles
and motor vehicle engines, or nonroad or stationary engines, and
commonly or commercially known or sold as gasoline.
* * * * *
Natural gas means a naturally occurring mixture of hydrocarbon and
non-hydrocarbon gases found in geologic formations beneath the Earth's
surface, of which the principal constituent is methane. Natural gas may
be field or pipeline quality.
* * * * *
Spark ignition means relating to either: A gasoline-fueled engine;
or any other type of engine a spark plug (or other sparking device) and
with operating characteristics significantly similar to the theoretical
Otto combustion cycle. Spark ignition engines usually use a throttle to
regulate intake air flow to control power during normal operation.
Dual-fuel engines in which a liquid fuel (typically diesel fuel) is
used for CI and gaseous fuel (typically natural gas) is used as the
primary fuel at an annual average ratio of less than 2 parts diesel
fuel to 100 parts total fuel on an energy equivalent basis are spark
ignition engines.
* * * * *

• 19. Table 1a to Subpart ZZZZ of part 63 is revised to read as follows:

Table 1a to Subpart ZZZZ of Part 63.--Emission Limitations for Existing,
New, and Reconstructed Spark Ignition, 4SRB Stationary RICE >500 HP
Located at a Major Source of HAP Emissions
[As stated in Sec. 63.6600, you must comply with the following
emission limitations for existing, new and reconstructed 4SRB stationary
RICE >500 HP located at a major source of HAP emissions at 100 percent
load plus or minus 10 percent]
------------------------------------------------------------------------
You must meet the following
For each... emission limitations...
------------------------------------------------------------------------
1. 4SRB stationary RICE................ a. reduce formaldehyde
emissions by 76 percent or
more. If you commenced
construction or reconstruction
between December 19, 2002 and
June 15, 2004, you may reduce
formaldehyde emissions by 75
percent or more until June 15,
2007;
or
b. limit the concentration of
formaldehyde in the stationary
RICE exhaust 350 ppbvd or less
at 15 percent O2.
------------------------------------------------------------------------

• 20. Table 1b to Subpart ZZZZ of Part 63 is revised to read as follows:

Table 1b to Subpart ZZZZ of Part 63.--Operating Limitations for
Existing, New, and Reconstructed Spark Ignition, 4SRB Stationary RICE
>500 HP Located at a Major Source of HAP Emissions
[As stated in Sec. Sec. 63.6600, 63.6630 and 63.6640, you must comply
with the following operating emission limitations for existing, new and
reconstructed 4SRB stationary RICE >500 HP located at a major source of
HAP emissions]
------------------------------------------------------------------------
You must meet the following
For each... operating limitation...
------------------------------------------------------------------------
1. 4SRB stationary RICE complying with a. maintain your catalyst so
the requirement to reduce formaldehyde that the pressure drop across
emissions by 76 percent or more (or by the catalyst does not change
75 percent or more, if applicable) and by more than 2 inches of water
using NSCR;. at 100 percent load plus or
or..................................... minus 10 percent from the
pressure drop across the
catalyst measured during the
initial performance test; and

[[Page 3608]]

4SRB stationary RICE complying with the b. maintain the temperature of
requirement to limit the concentration your stationary RICE exhaust
of formaldehyde in the stationary RICE so that the catalyst inlet
exhaust to 350 ppbvd or less at 15 temperature is greater than or
percent O2 and using NSCR.. equal to 750[deg]F and less
than or equal to 1250[deg]F.
2. 4SRB stationary RICE complying with Comply with any operating
the requirement to reduce formaldehyde limitations approved by the
emissions by 76 percent or more (or by Administrator.
75 percent or more, if applicable) and
not using NSCR;.
or.....................................
4SRB stationary RICE complying with the
requirement to limit the concentration
of formaldehyde in the stationary RICE
exhaust to 350 ppbvd or less at 15
percent O2 and not using NSCR..
------------------------------------------------------------------------

• 21. Table 2a to Subpart ZZZZ of Part 63 is revised to read as follows:

Table 2a to Subpart ZZZZ of Part 63.--Emission Limitations for New and
Reconstructed 2SLB and Compression Ignition Stationary RICE >500 HP and
4SLB Stationary RICE >=250 HP Located at a Major Source of HAP Emissions
[As stated in Sec. Sec. 63.6600 and 63.6601, you must comply with the
following emission limitations for new and reconstructed lean burn and
new and reconstructed compression ignition stationary RICE at 100
percent load plus or minus 10 percent]
------------------------------------------------------------------------
You must meet the following
For each... emission limitation...
------------------------------------------------------------------------
1. 2SLB stationary RICE................ a. reduce CO emissions by 58
percent or more;
or
b. limit concentration of
formaldehyde in the stationary
RICE exhaust to 12 ppmvd or
less at 15 percent O2. If you
commenced construction or
reconstruction between
December 19, 2002 and June 15,
2004, you may limit
concentration of formaldehyde
to 17 ppmvd or less at 15
percent O2 until June 15,
2007.
2. 4SLB stationary RICE................ a. reduce CO emissions by 93
percent or more;
or
b. limit concentration of
formaldehyde in the stationary
RICE exhaust to 14 ppmvd or
less at 15 percent O2.
3. CI stationary RICE.................. a. reduce CO emissions by 70
percent or more;
or
b. limit concentration of
formaldehyde in the stationary
RICE exhaust to 580 ppbvd or
less at 15 percent O2.
------------------------------------------------------------------------

• 22. Table 2b to Subpart ZZZZ of Part 63 is revised to read as follows:

Table 2b to Subpart ZZZZ of Part 63.--Operating Limitations for New and
Reconstructed 2SLB and Compression Ignition Stationary RICE >500 HP and
4SLB Burn Stationary RICE >=250 HP Located at a Major Source of HAP
Emissions
[As stated in Sec. Sec. 63.6600, 63.6601, 63.6630, and 63.6640, you
must comply with the following operating limitations for new and
reconstructed lean burn and new and reconstructed compression ignition
stationary]
------------------------------------------------------------------------
You must meet the following
For each... operating limitation...
------------------------------------------------------------------------
1. 2SLB and 4SLB stationary RICE and CI a. maintain your catalyst so
stationary RICE complying with the that the pressure drop across
requirement to reduce CO emissions and the catalyst does not change
using an oxidation catalyst; or 2SLB by more than 2 inches of water
and 4SLB stationary RICE and CI at 100 percent load plus or
stationary RICE complying with the minus 10 percent from the
requirement to limit the concentration pressure drop across the
of formaldehyde in the stationary RICE catalyst that was measured
exhaust and using an oxidation during the initial performance
catalyst. test; and
b. maintain the temperature of
your stationary RICE exhaust
so that the catalyst inlet
temperature is greater than or
equal to 450 [deg]F and less
than or equal to 1350 [deg]F.
2. 2SLB and 4SLB stationary RICE and CI Comply with any operating
stationary RICE complying with the limitations approved by the
requirement to reduce CO emissions and Administrator.
not using an oxidation catalyst; or
2SLB and 4SLB stationary RICE and CI
stationary RICE complying with the
requirement to limit the concentration
of formaldehyde in the stationary RICE
exhaust and not using an oxidation
catalyst.
------------------------------------------------------------------------

[[Page 3609]]

• 23. Table 4 to subpart ZZZZ of part 63 is revised to read as follows:

Table 4 to Subpart ZZZZ of Part 63.--Requirements for Performance Tests
[As stated in Sec. Sec. 63.6610, 63.6611, 63.6620, and 63.6640, you must comply with the following
requirements for performance tests for stationary RICE]
----------------------------------------------------------------------------------------------------------------
Complying with the According to the
For each . . . requirement to . . You must . . . Using . . . following
. requirements . . .
----------------------------------------------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI stationary a. Reduce CO i. Measure the O2 (1) Portable CO (a) Using ASTM
RICE. emissions. at the inlet and and O2 analyzer. D6522-00 (2005)
outlet of the \a\ (incorporated
control device; by reference, see
and. Sec. 63.14).
Measurements to
determine O₂ must
be made at the
same time as the
measurements for
CO concentration.
ii. Measure the CO (1) Portable CO (a) Using ASTM
at the inlet and and O2 analyzer. D6522-00 (2005)
the outlet of the \a\ (incorporated
control device. by reference, see
Sec. 63.14) or
Method 10 of 40
CFR, appendix A.
The CO
concentration
must be at 15
percent O₂, dry
basis.
2. 4SRB stationary RICE......... a. Reduce i. Select the (1) Method 1 or 1A (a) Sampling sites
formaldehyde sampling port of 40 CFR part must be located
emissions. location and the 60, appendix A at the inlet and
number of Sec. outlet of the
traverse points; 63.7(d)(1)(i). control device.
and.
ii. Measure O₂ at (1) Method 3 or 3A (a) Measurements
the inlet and or 3B of 40 CFR to determine O₂
outlet of the part 60, appendix concentration
control device; A, or ASTM Method must be made at
and. D6522-00 (2005).. the same time as
the measurements
for formaldehyde
concentration.
iii. Measure (1) Method 4 of 40 (a) Measurements
moisture content CFR part 60, to determine
at the inlet and appendix A, or moisture content
outlet of the Test Method 320 must be made at
control device; of 40 CFR part the same time and
and. 63, appendix A, location as the
or ASTM D 6348-03. measurements for
formaldehyde
concentration.
iv. Measure (1) Method 320 or (a) Formaldehyde
formaldehyde at 323 of 40 CFR concentration
the inlet and the part 63, appendix must be at 15
outlet of the A; or ASTM D6348- percent O₂, dry
control device. 03 \b\, provided basis. Results of
in ASTM D6348-03 this test consist
Annex A5 (Analyte of the average of
Spiking the three 1-hour
Technique), the or longer runs.
percent R must be
greater than or
equal to 70 and
less than or
equal to 130.
3. Stationary RICE.............. a. Limit the i. Select the (1) Method 1 or 1A (a) If using a
concentration of sampling port of 40 CFR part control device,
formaldehyde in location and the 60, appendix A the sampling site
the stationary number of Sec. must be located
RICE exhaust. traverse points; 63.7(d)(1)(i). at the outlet of
and. the control
device.
ii. Determine the (1) Method 3 or 3A (a) Measurements
O₂ concentration or 3B of 40 CFR to determine O₂
of the stationary part 60, appendix concentration
RICE exhaust at A, or ASTM Method must be made at
the sampling port D6522-00 (2005). the same time and
location; and. location as the
measurements for
formaldehyde
concentration.
iii. Measure (1) Method 4 of 40 (a) Measurements
moisture content CFR part 60, to determine
of the stationary appendix A, or moisture content
RICE exhaust at Test Method 320 must be made at
the sampling port of 40 CFR part the same time and
location; and. 63, appendix A, location as the
or ASTM D 6348-03. measurements for
formaldehyde
concentration.

[[Page 3610]]

iv. Measure (1) Method 320 or (a) Formaldehyde
formaldehyde at 323 of 40 CFR concentration
the exhaust of part 63, appendix must be at 15
the stationary A; or ASTM D6348- percent O₂, dry
RICE. 03 \b\, provided basis. Results of
in ASTM D6348-03 this test consist
Annex A5 (Analyte of the average of
Spiking the three 1-hour
Technique), the or longer runs.
percent R must be
greater than or
equal to 70 and
less than or
equal to 130.
----------------------------------------------------------------------------------------------------------------
\a\ You may also use Methods 3A and 10 as options to ASTM-D6522-00 (2005). You may obtain a copy of ASTM-D6522-
00 (2005) from at least one of the following addresses: American Society for Testing and Materials, 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms International, 300 North Zeeb Road,
Ann Arbor, MI 48106.
\b\ You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for
Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms
International, 300 North Zeeb Road, Ann Arbor, MI 48106.

• 24. Table 8 to subpart ZZZZ of part 63 is revised to read as follows:

Table 8 to Subpart ZZZZ of Part 63.--Applicability of General Provisions to Subpart ZZZZ
[As stated in Sec. 63.6665, you must comply with the following applicable general provisions]
----------------------------------------------------------------------------------------------------------------
General provisions citation Subject of citation Applies to subpart Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1.......................... General applicability Yes....................
of the General
Provisions.
Sec. 63.2.......................... Definitions............ Yes.................... Additional terms
defined in Sec.
63.6675.
Sec. 63.3.......................... Units and abbreviations Yes....................
Sec. 63.4.......................... Prohibited activities Yes....................
and circumvention.
Sec. 63.5.......................... Construction and Yes....................
reconstruction.
Sec. 63.6(a)....................... Applicability.......... Yes....................
Sec. 63.6(b)(1)-(4)................ Compliance dates for Yes....................
new and reconstructed
sources.
Sec. 63.6(b)(5).................... Notification........... Yes....................
Sec. 63.6(b)(6).................... [Reserved].............
Sec. 63.6(b)(7).................... Compliance dates for Yes....................
new and reconstructed
area sources that
become major sources.
Sec. 63.6(c)(1)-(2)................ Compliance dates for Yes....................
existing sources.
Sec. 63.6(c)(3)-(4)................ [Reserved].............
Sec. 36.6(c)(5).................... Compliance dates for Yes....................
existing area sources
that become major
sources.
Sec. 63.6(d)....................... [Reserved].............
Sec. 63.6(e)(1).................... Operation and Yes....................
maintenance.
Sec. 63.6(e)(2).................... [Reserved].............
Sec. 63.6(e)(3).................... Startup, shutdown, and Yes....................
malfunction plan.
Sec. 63.6(f)(1).................... Applicability of Yes....................
standards except
during startup
shutdown malfunction
(SSM).
Sec. 63.6(f)(2).................... Methods for determining Yes....................
compliance.
Sec. 63.6(f)(3).................... Finding of compliance.. Yes....................
Sec. 63.6(g)(1)-(3)................ Use of alternate Yes....................
standard.
Sec. 63.6(h)....................... Opacity and visible No..................... Subpart ZZZZ does not
emission standards. contain opacity or
visible emission
standards.
Sec. 63.6(i)....................... Compliance extension Yes....................
procedures and
criteria.
Sec. 63.6(j)....................... Presidential compliance Yes....................
exemption.

[[Page 3611]]

Sec. 63.7(a)(1)-(2)................ Performance test dates. Yes.................... Subpart ZZZZ contains
performance test dates
at Sec. Sec.
63.6610 and 63.6611.
Sec. 63.7(a)(3).................... CAA section 114 Yes....................
authority.
Sec. 63.7(b)(1).................... Notification of Yes....................
performance test.
Sec. 63.7(b)(2).................... Notification of Yes....................
rescheduling.
Sec. 63.7(c)....................... Quality assurance/test Yes....................
plan.
Sec. 63.7(d)....................... Testing facilities..... Yes....................
Sec. 63.7(e)(1).................... Conditions for Yes....................
conducting performance
tests.
Sec. 63.7(e)(2).................... Conduct of performance Yes.................... Subpart ZZZZ specifies
tests and reduction of test methods at Sec.
data. 63.6620.
Sec. 63.7(e)(3).................... Test run duration...... Yes....................
Sec. 63.7(e)(4).................... Administrator may Yes....................
require other testing
under section 114 of
the CAA.
Sec. 63.7(f)....................... Alternative test method Yes....................
provisions.
Sec. 63.7(g)....................... Performance test data Yes....................
analysis,
recordkeeping, and
reporting.
Sec. 63.7(h)....................... Waiver of tests........ Yes....................
Sec. 63.8(a)(1).................... Applicability of Yes.................... Subpart ZZZZ contains
monitoring specific requirements
requirements. for monitoring at Sec.
63.6625.
Sec. 63.8(a)(2).................... Performance Yes....................
specifications.
Sec. 63.8(a)(3).................... [Reserved].............
Sec. 63.8(a)(4).................... Monitoring for control No.....................
devices.
Sec. 63.8(b)(1).................... Monitoring............. Yes....................
Sec. 63.8(b)(2)-(3)................ Multiple effluents and Yes....................
multiple monitoring
systems.
Sec. 63.8(c)(1).................... Monitoring system Yes....................
operation and
maintenance.
Sec. 63.8(c)(1)(i)................. Routine and predictable Yes....................
SSM.
Sec. 63.8(c)(1)(ii)................ SSM not in Startup Yes....................
Shutdown Malfunction
Plan.
Sec. 63.8(c)(1)(iii)............... Compliance with Yes....................
operation and
maintenance
requirements.
Sec. 63.8(c)(2)-(3)................ Monitoring system Yes....................
installation.
Sec. 63.8(c)(4).................... Continuous monitoring Yes.................... Except that subpart
system (CMS) ZZZZ does not require
requirements. Continuous Opacity
Monitoring System
(COMS).
Sec. 63.8(c)(5).................... COMS minimum procedures No..................... Subpart ZZZZ does not
require COMS.
Sec. 63.8(c)(6)-(8)................ CMS requirements....... Yes.................... Except that subpart
ZZZZ does not require
COMS.
Sec. 63.8(d)....................... CMS quality control.... Yes....................
Sec. 63.8(e)....................... CMS performance Yes.................... Except for Sec.
evaluation. 63.8(e)(5)(ii), which
applies to COMS.
Sec. 63.8(f)(1)-(5)................ Alternative monitoring Yes....................
method.
Sec. 63.8(f)(6).................... Alternative to relative Yes....................
accuracy test.
Sec. 63.8(g)....................... Data reduction......... Yes.................... Except that provisions
for COMS are not
applicable. Averaging
periods for
demonstrating
compliance are
specified at Sec.
Sec. 63.6635 and
63.6640.
Sec. 63.9(a)....................... Applicability and State Yes....................
delegation of
notification
requirements.
Sec. 63.9(b)(1)-(5)................ Initial notifications.. Yes.................... Except that Sec.
63.9(b)(3) is
reserved.
Sec. 63.9(c)....................... Request for compliance Yes....................
extension.
Sec. 63.9(d)....................... Notification of special Yes....................
compliance
requirements for new
sources.
Sec. 63.9(e)....................... Notification of Yes....................
performance test.
Sec. 63.9(f)....................... Notification of visible No..................... Subpart ZZZZ does not
emission (VE)/opacity contain opacity or VE
test. standards.
Sec. 63.9(g)(1).................... Notification of Yes....................
performance evaluation.
Sec. 63.9(g)(2).................... Notification of use of No..................... Subpart ZZZZ does not
COMS data. contain opacity or VE
standards.
Sec. 63.9(g)(3).................... Notification that Yes.................... If alternative is in
criterion for use.
alternative to RATA is
exceeded.

[[Page 3612]]

Sec. 63.9(h)(1)-(6)................ Notification of Yes.................... Except that
compliance status. notifications for
sources using a CEMS
are due 30 days after
completion of
performance
evaluations. Sec.
63.9(h)(4) is
reserved.
Sec. 63.9(i)....................... Adjustment of submittal Yes....................
deadlines.
Sec. 63.9(j)....................... Change in previous Yes....................
information.
Sec. 63.10(a)...................... Administrative Yes....................
provisions for record
keeping/reporting.
Sec. 63.10(b)(1)................... Record retention....... Yes....................
Sec. 63.10(b)(2)(i)-(v)............ Records related to SSM. Yes....................
Sec. 63.10(b)(2)(vi)-(xi).......... Records................ Yes....................
Sec. 63.10(b)(2)(xii).............. Record when under Yes....................
waiver.
Sec. 63.10(b)(2)(xiii)............. Records when using Yes.................... For CO standard if
alternative to RATA. using RATA
alternative.
Sec. 63.10(b)(2)(xiv).............. Records of supporting Yes....................
documentation.
Sec. 63.10(b)(3)................... Records of Yes....................
applicability
determination.
Sec. 63.10(c)...................... Additional records for Yes.................... Except that Sec.
sources using CEMS. 63.10(c)(2)-(4) and
(9) are reserved.
Sec. 63.10(d)(1)................... General reporting Yes....................
requirements.
Sec. 63.10(d)(2)................... Report of performance Yes....................
test results.
Sec. 63.10(d)(3)................... Reporting opacity or VE No..................... Subpart ZZZZ does not
observations. contain opacity or VE
standards.
Sec. 63.10(d)(4)................... Progress reports....... Yes....................
Sec. 63.10(d)(5)................... Startup, shutdown, and Yes....................
malfunction reports.
Sec. 63.10(e)(1) and (2)(i)........ Additional CMS reports. Yes....................
Sec. 63.10(e)(2)(ii)............... COMS-related report.... No..................... Subpart ZZZZ does not
require COMS.
Sec. 63.10(e)(3)................... Excess emission and Yes.................... Except that Sec.
parameter exceedances 63.10(e)(3)(i)(C) is
reports. reserved.
Sec. 63.10(e)(4)................... Reporting COMS data.... No..................... Subpart ZZZZ does not
require COMS.
Sec. 63.10(f)...................... Waiver for Yes....................
recordkeeping/
reporting.
Sec. 63.11......................... Flares................. No.....................
Sec. 63.12......................... State authority and Yes....................
delegations.
Sec. 63.13......................... Addresses.............. Yes....................
Sec. 63.14......................... Incorporation by Yes....................
reference.
Sec. 63.15......................... Availability of Yes....................
information.
----------------------------------------------------------------------------------------------------------------

PART 85--[AMENDED]

• 25. The authority citation for part 85 continues to read as follows:

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

• 26. Section 85.2401 is amended by revising paragraph (a)(13) to read as
follows:

Sec. 85.2401 To whom do these requirements apply?

(a) * * *
(13) Stationary internal combustion engines (See 40 CFR part 60,
subparts IIII and JJJJ).
* * * * *

• 27. Section 85.2403 is amended by revising paragraph (b)(11) to read as
follows:

Sec. 85.2403 What definitions apply to this subpart?

* * * * *
(b) * * *
(11) 40 CFR part 60, subparts IIII and JJJJ.

• 28. Section 85.2405 is amended by adding paragraph (f) to read as
follows:

Sec. 85.2405 How much are the fees?

* * * * *
(f) Fees for stationary SI internal combustion engine certificate
requests shall be calculated in the same manner as for NR SI
certificate. Fees for certificate requests where the certificate would
apply to stationary and mobile engines shall be calculated in the same
manner as fees for the certificate requests for the applicable mobile
source engines.

PART 90--[AMENDED]

• 29. The authority citation for part 90 continues to read as follows:

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

• 30. Section 90.1 is amended by adding paragraph (h) to read as follows:

Sec. 90.1 Applicability.

* * * * *
(h) This part applies as specified in 40 CFR part 60 subpart JJJJ,
to spark-ignition engines subject to the standards of 40 CFR part 60,
subpart JJJJ.

• 31. Section 90.107 is amended by adding paragraph (d)(12) to read as
follows:

Sec. 90.107 Application for certificate.

* * * * *
(d) * * *
(12) A statement indicating whether the engine family contains only
nonroad engines, only stationary engines, or both.
* * * * *

[[Page 3613]]

• 32. Section 90.114 is amended by revising paragraph (c)(7) and adding
paragraph (g) to read as follows:

Sec. 90.114 Requirement of certification-engine information label.

* * * * *
(c) * * *
(7) The statement ``THIS ENGINE CONFORMS TO U.S. EPA REGS FOR
[MODEL YEAR].'';
* * * * *
(g) Stationary engines required by 40 CFR part 60, subpart JJJJ, to
meet the requirements of this part 90 must meet the labeling
requirements of 40 CFR 60.4242.

• 33. Section 90.201 is revised to read as follows:

Sec. 90.201 Applicability.

The requirements of this subpart C are applicable to all Phase 2
spark-ignition engines subject to the provisions of subpart A of this
part except as provided in Sec. 90.103(a). These provisions are not
applicable to any Phase 1 engines. Participation in the averaging,
banking and trading program is voluntary, but if a manufacturer elects
to participate, it must do so in compliance with the regulations set
forth in this subpart. The provisions of this subpart are applicable
for HC+NO_X (NMHC+NO_X) emissions but not for CO
emissions. To the extent specified in 40 CFR part 60, subpart JJJJ,
stationary engines certified under this part and subject to the
standards of 40 CFR part 60, subpart JJJJ, may participate in the
averaging, banking, and trading program described in this subpart.

PART 1048--[AMENDED]

• 34. The authority citation for part 1048 continues to read as follows:

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

• 35. Section 1048.1 is amended by revising paragraph (c) to read as
follows:

Sec. 1048.1 Does this part apply to me?

* * * * *
(c) The definition of nonroad engine in 40 CFR 1068.30 excludes
certain engines used in stationary applications. These engines may be
required by 40 CFR part 60, subpart JJJJ, to comply with some of the
provisions of this part 1048; otherwise, these engines are only
required to comply with the requirements in Sec. 1048.20. In addition,
the prohibitions in 40 CFR 1068.101 restrict the use of stationary
engines for nonstationary purposes unless they are certified under this
part 1048 to the same standards that would apply to nonroad engines for
the same model year.
* * * * *

• 36. Section 1048.20 is amended by revising paragraph (a) introductory
text, revising paragraph (b)(4) and adding paragraph (c) to read as
follows:

Sec. 1048.20 What requirements from this part apply to excluded
stationary engines?

(a) You must add a permanent label or tag to each new engine you
produce or import that is excluded under Sec. 1048.1(c) as a
stationary engine and is not required by 40 CFR part 60, subpart JJJJ,
to meet the standards and other requirements of this part 1048 that are
equivalent to the requirements applicable to nonroad SI engines for the
same model year. To meet labeling requirements, you must do the
following things:
* * * * *
(b) * * *
(4) State: ``THIS ENGINE IS EXCLUDED FROM THE REQUIREMENTS OF 40
CFR PART 1048 AS A ``STATIONARY ENGINE'' AND THE OWNER/OPERATOR MUST
COMPLY WITH THE REQUIREMENTS OF 40 CFR PART 60. INSTALLING OR USING
THIS ENGINE IN ANY OTHER APPLICATION MAY BE A VIOLATION OF FEDERAL LAW
SUBJECT TO CIVIL PENALTY.''.
(c) Stationary engines required by 40 CFR part 60, subpart JJJJ, to
meet the requirements of this part 1048 must meet the labeling
requirements of 40 CFR 60.4242.

• 37. Section 1048.101 is amended by adding paragraph (a)(4) to read as
follows:

Sec. 1048.101 What exhaust emission standards must my engines meet?

* * * * *
(a) * * *
(4) For constant-speed engines, the emission standards do not apply
for transient testing if you do both of the following things:
(i) Demonstrate that the specified transient duty-cycle is not
representative of the way your engines will operate in use.
(ii) Demonstrate that the engine's emission controls will function
properly to control emissions during transient operation in use. In
most cases, you may do this by showing that you use the same controls
as a similar variable-speed engine that is certified as complying with
the emission standards during transient testing.
* * * * *

• 38. Section 1048.205 is amended by revising paragraphs (b) and (w) to
read as follows:

Sec. 1048.205 What must I include in my application?

* * * * *
(b) Explain how the emission control systems operate. Describe the
evaporative emission controls, if applicable. Also describe in detail
all system components for controlling exhaust emissions, including all
auxiliary emission control devices (AECDs) and all fuel-system
components you will install on any production or test engine. Identify
the part number of each component you describe. For this paragraph (b),
treat as separate AECDs any devices that modulate or activate
differently from each other. Include sufficient detail to allow us to
evaluate whether the AECDs are consistent with the defeat device
prohibition of Sec. 1048.115.
* * * * *
(w) State whether your certification is intended to include engines
used in stationary applications. Also state whether your certification
is limited for certain engines. If this is the case, describe how you
will prevent use of these engines in applications for which they are
not certified. This applies for engines such as the following:
(1) Constant-speed engines.
(2) Variable-speed engines.
* * * * *

PART 1065--[AMENDED]

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

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

• 40. Section 1065.1 is amended by adding paragraph (a)(6) to read as
follows:

Sec. 1065.1 Applicability.

(a) * * *
(6) Stationary spark-ignition engines certified using provisions in
40 CFR part 1048, as indicated under 40 CFR part 60, subpart JJJJ, the
standard-setting part for these engines.
* * * * *

PART 1068--[AMENDED]

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

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

• 42. Section 1068.1 is amended by adding paragraph (a)(5) to read as
follows:

Sec. 1068.1 Does this part apply to me?

(a) * * *
(5) Stationary spark-ignition engines certified using provisions in
40 CFR part

[[Page 3614]]

1048, as indicated under 40 CFR part 60, subpart JJJJ.
* * * * *
[FR Doc. E7-25394 Filed 1-17-08; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Standards of Performance for Stationary Spark Ignition Internal Combustion Engines and National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines

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