[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Proposed Rules]
[Page 32611-32634]
[DOCID:fr08jn10-39]

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Part III

Environmental Protection Agency

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

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

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ENVIRONMENTAL PROTECTION AGENCY

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

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

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0295, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. Please include a total of two copies.
EPA requests a separate copy also be sent to the contact person
identified below (see FOR FURTHER INFORMATION CONTACT). In addition,
please mail a copy of your comments on the information collection
provisions to the Office of Information and Regulatory Affairs, Office
of Management and Budget, Attn: Desk Officer for EPA, 735 17th St.,
NW., Washington, DC 20503.
     Hand Delivery: Air and Radiation Docket and Information
Center, U.S. EPA, Room B102, 1301 Constitution Avenue, NW., Washington,
DC. Such deliveries are only accepted during the Docket's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2010-0295. We also rely on documents in Docket ID Nos. EPA-HQ-OAR-2005-
0029 and EPA-HQ-OAR-2003-0190 and incorporate those dockets into the
record for this proposed rule. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available on-line at http://www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. The http://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an e-mail comment directly to EPA
without going through http://www.regulations.gov, your e-mail address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Public Hearing: If a public hearing is held, it will be held at
EPA's campus located at 109 T.W. Alexander Drive in Research Triangle
Park, NC or an alternate site nearby.
    Docket: EPA has established a docket for this action under Docket
ID No. EPA-HQ-OAR-2010-0295. All documents in the docket are listed in
the http://www.regulations.gov index. We also rely on documents in
Docket ID Nos. EPA-HQ-OAR-2005-0029 and EPA-HQ-OAR-2003-0190, and
incorporate those dockets into the record for this proposed rule.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
http://www.regulations.gov or in hard copy at the Air and Radiation
Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ms. Melanie King, Energy Strategies
Group, Sector Policies and Programs Division (D243-01), U.S. EPA,
Research Triangle Park, North Carolina 27711; telephone number (919)
541-2469; facsimile number<PHONE_NUMBER>; e-mail address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Regulated Entities. Categories and entities potentially regulated
by this action include:

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                                                  Examples of regulated
            Category                NAICS \1\            entities
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Any manufacturer that produces             2211  Electric power
 or any industry using a                          generation,
 stationary internal combustion                   transmission, or
 engine as defined in the                         distribution.
 proposed rule.
                                         622110  Medical and surgical
                                                  hospitals.
                                         335312  Motor and generator
                                                  manufacturing.
                                          33391  Pump and compressor
                                                  manufacturing.
                                         333992  Welding and soldering
                                                  equipment
                                                  manufacturing.
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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 in Sec.  60.4200 of the
proposed rule. If you have any questions regarding the applicability of
this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
    Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the proposed rule will be available on the WWW
through the Technology Transfer Network Web site (TTN). Following
signature, EPA will post a copy of the proposed rule on the TTN's
policy and guidance page for newly proposed or promulgated rules at
http://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.

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

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

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

I. Background

A. Initial New Source Performance Standards

    This action proposes revisions to NSPS for new compression ignition
(CI) stationary internal combustion engines (ICE). The NSPS were
initially published on July 11, 2006 (71 FR 39153). New source
performance standards implement section 111(b) of the Clean Air Act
(CAA), and are issued for categories of sources which cause, or
contribute significantly to, air pollution which may reasonably be
anticipated to endanger public health or welfare. The standards apply
to new stationary sources of emissions, i.e., sources whose
construction, reconstruction, or modification begins after a standard
for those sources is proposed.
    For the first time, the NSPS put Federal restrictions on emissions
of particulate matter (PM), oxides of nitrogen (NOX), non-
methane hydrocarbons (NMHC) and carbon monoxide (CO) from new
stationary CI engines. The NSPS also restricted the level of sulfur
permitted in diesel fuel used in new stationary CI engines. The

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

B. Events Following Promulgation of Initial NSPS

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

II. Summary of Proposed Amendments

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

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

 Table II-1--First Tier Standards for Stationary CI Engines With a Displacement >=10 and <30 Liters per Cylinder
                                                       \a\
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                                                             PM g/HP-hr  (g/   NOX + HC \b\ g/
       Engine size--liters per cylinder, rated power             KW-hr)       HP-hr  (g/KW-hr)        Year
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10.0 <= displacement <15.0, <3,700 KW.....................       0.10 (0.14)         4.6 (6.2)              2013
15.0 <= displacement <20.0, <3,700 KW.....................   \c\ 0.20 (0.27)         5.2 (7.0)              2014
20.0 <= displacement <25.0, <3,700 KW.....................       0.20 (0.27)         7.3 (9.8)              2014
25.0 <= displacement <30.0, <3,700 KW.....................       0.20 (0.27)        8.2 (11.0)              2014
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\a\ See note (c) of Table II-2 for optional standards.
\b\ NOX + HC standards do not apply to 2,000 KW to 3,700 KW engines.
\c\ For engines below 3,300 KW in this group, the PM standard is 0.25 g/HP-hr (0.34 g/KW-hr).

Table II-2--Second Tier Standards for Stationary CI Engines With a Displacement >=10 and <30 Liters per Cylinder
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                                           PM g/HP-hr  (g/   NOX + HC \b\ g/   HC g/HP-hr  (g/
        Engine size, rated power               KW-hr)       HP-hr  (g/KW-hr)       KW-hr)             Year
----------------------------------------------------------------------------------------------------------------
>= 3,700 KW.............................    \a\0.09 (0.12)         1.3 (1.8)       0.14 (0.19)          \c\ 2014
                                               0.04 (0.06)         1.3 (1.8)       0.14 (0.19)          b c 2016
2,000 <= KW < 3,700.....................       0.03 (0.04)         1.3 (1.8)       0.14 (0.19)          c d 2014
1,400 <= KW < 2,000.....................       0.03 (0.04)         1.3 (1.8)       0.14 (0.19)          \c\ 2016
600 <= KW < 1,400.......................       0.03 (0.04)         1.3 (1.8)       0.14 (0.19)          \b\ 2017
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\a\ This standard is 0.19 g/HP-hr (0.25 g/KW-hr) for engines with 15-30 liter/cylinder displacement.
\b\ Optional compliance start dates can be used within these model years.
\c\ Option: 1st Tier PM/NOX + HC at 0.10/5.8 g/HP-hr (0.14/7.8 g/KW-hr) in 2012, and 2nd Tier in 2015.
\d\ The 1st Tier PM standards continue to apply for these engines in model years 2014 and 2015 only.

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

B. Compliance Requirements for Owners and Operators

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

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

C. Temporary Replacement Engines

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

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

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

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

E. Requirements for Engines Located in Rural Alaska

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

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

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

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

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

F. Reconstruction

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

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

G. Minor Corrections and Revisions

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

III. Summary of Environmental, Energy and Economic Impacts

A. What are the air quality impacts?

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

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

B. What are the cost impacts?

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

C. What are the economic impacts?

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

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

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

IV. Solicitation of Comments and Public Participation

    EPA seeks full public participation in arriving at its final
decisions, and strongly encourages comments on all aspects of this
proposed rule from all interested parties. Whenever applicable, full
supporting data and detailed analysis should be submitted to allow EPA
to make maximum use of the comments. The Agency invites all parties to
coordinate their data collection activities with EPA to facilitate
mutually beneficial and cost effective data submissions. A redline/
strikeout version of the complete standards of performance for
stationary compression ignition engines and for stationary spark
ignition engines which shows the changes that are being proposed in
this action is available from the rulemaking docket.
    EPA is seeking specific comment on the appropriate test method for
measuring PM emissions from stationary engines with a displacement
greater than or equal to 30 l/cyl. Currently, the NSPS for stationary
CI engines requires these engines to be tested using EPA Method 5,
which requires the cooling of the engine flue gas to 120 degrees C (248
degrees F). In a letter from the Engine Manufacturers Association (EMA)
to EPA dated December 4, 2008 (see docket number EPA-HQ-OAR-2010-0295),
EMA stated that cooling the flue gas for large stationary engines to
the filter holder temperature required by EPA Method 5 will result in
measurement results that are non-reproducible. The letter stated that
the condensation of semi-volatile organic components from the exhaust
gas on the cold surfaces needed to cool the gas will lead to results
that are not repeatable. The letter from EMA recommended that engine
owners and operators be allowed to use EPA Method 17 or EPA Method 5B
in lieu of EPA Method 5. EPA does not believe that the use of EPA
Method 5 will lead to non-reproducible results because the particulate
deposited on the internal walls of the sampling probe are recovered for
weighing; the recovery and inclusion of the particulate deposited in
the probe addresses the issue of variations in the deposition location
of the condensed semi-volatile compounds. EPA seeks comment on whether
EPA Method 5 is the appropriate test method for stationary CI engines
with a displacement greater than or equal to 30 l/cyl, and any data to
support the claim that the use of Method 5 to test these engines
results in large uncertainties and non-reproducible emissions data.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

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

B. Paperwork Reduction Act

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

C. Regulatory Flexibility Act

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

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

D. Unfunded Mandates Reform Act of 1995

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

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This proposed action primarily
affects private industry, and does not impose significant economic
costs on State or local governments. Thus, Executive Order 13132 does
not apply to this action. In the spirit of Executive Order 13132, and
consistent with EPA policy to promote communications between EPA and
State and local governments, EPA specifically solicits comment on this
proposed action from State and local officials.

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

    This proposed rule does not have Tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 9, 2000). It will not
have substantial direct effects on Tribal governments, on the
relationship between the Federal government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian Tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule. EPA
specifically solicits additional comment on this proposed action from
Tribal officials.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that are based on health
or safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
proposed rule is not subject to Executive Order 13045 because it is
based solely on technology performance.

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

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

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.

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

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

List of Subjects

40 CFR Part 60

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

40 CFR Part 1039

    Administrative practice and procedure, Air pollution control.

40 CFR Part 1042

    Administrative practice and procedure, Air pollution control.

40 CFR Part 1065

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

40 CFR Part 1068

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

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

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:

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

Subpart IIII--[AMENDED]

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

Sec.  60.4200  Am I subject to this subpart?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec.  60.4219  What definitions apply to this subpart?

* * * * *
    Certified emissions life means the period during which the engine
is designed to properly function in terms of reliability and fuel
consumption, without being remanufactured, specified as a number of
hours of operation or calendar years, whichever comes first. The values
for certified emissions life for stationary CI ICE with a displacement
of less than 10 liters per cylinder are given in 40 CFR 1039.101(g).
The values for certified emissions life for stationary CI ICE with a
displacement of greater than or equal to 10 liters per cylinder and
less than 30 liters per cylinder are given in 40 CFR 94.9(a).
* * * * *

    Date of manufacture means one of the following things:
    (1) For freshly manufactured engines and modified engines, date of
manufacture means the date the engine is originally produced.
    (2) For reconstructed engines, date of manufacture means the date
the engine was originally produced, except as specified in paragraph
(3) of this definition.
    (3) Reconstructed engines are assigned a new date of manufacture if
the crankshaft is removed as part of the reconstruction or if the fixed
capital cost of the new and refurbished components exceeds 75 percent
of the fixed capital cost of a comparable new engine (see the
definition of ``reconstruct''). An engine that is produced from a
previously used engine block does not retain the date of manufacture of
the engine in which the engine block was previously used if the engine
serial number was removed (or the engine otherwise loses its identity),
or the engine is produced using all new components except for the
engine block. In all these cases, the date of manufacture is the date
of reconstruction or the date the new engine is produced.
* * * * *
    Emergency stationary internal combustion engine means any
stationary internal combustion engine whose operation is limited to
emergency situations and required testing and maintenance. Examples
include stationary ICE used to produce power for critical networks or
equipment (including power supplied to portions of a facility) when
electric power from the local utility (or the normal power source, if
the facility runs on its own power production) is interrupted, or
stationary ICE used to pump water in the case of fire or flood, etc.
Stationary CI ICE used for peak shaving are not considered emergency
stationary ICE. Stationary CI ICE used to supply power to an electric
grid or that supply non-emergency power as part of a financial
arrangement with another entity are not considered to be emergency
engines, except as permitted under Sec.  60.4211(e).
* * * * *
    Freshly manufactured engine means an engine that has not been
placed into service. An engine becomes freshly manufactured when it is
originally produced. Note that this includes an engine that is produced
using some previously used parts if it does not retain its original
identity.
    Installed means the engine is placed and secured at the location
where it is intended to be operated; piping and wiring for exhaust,
fuel, controls, etc., is installed and all connections are made; and
the engine is capable of being started.
* * * * *
    Model year means the calendar year in which an engine is
manufactured (see ``date of manufacture''), except as follows:
    (1) Model year means the annual new model production period of the
engine manufacturer in which an engine is manufactured (see ``date of
manufacture''), if the annual new model production period is different
than the calendar year and includes January 1 of the calendar year for
which the model year is named. It may not begin before January 2 of the
previous calendar year and it must end by December 31 of the named
calendar year.
    (2) For an engine that is converted to a stationary engine after
being placed into service as a nonroad or other non-stationary engine,
model year means the calendar year or new model production period in
which the engine was manufactured (see ``date of manufacture'').
* * * * *
    Reconstruct means to replace or refurbish components of an existing
engine to such an extent that the fixed capital cost of the new and
refurbished components exceeds 50 percent of the fixed capital cost of
a comparable new engine. The fixed capital cost of the new and
refurbished components includes the capital cost of each component plus
the labor cost for the replacement or refurbishment. For purposes of
reconstruction, an existing stationary engine is defined as including
those components mounted to or within the cylinder block, the engine
housings, and engine mounted components, but excluding ancillary
components such as external cooling for fuel supply.
* * * * *
    Stationary internal combustion engine means any internal combustion
engine, except combustion turbines, that converts heat energy into
mechanical work and is not mobile. Stationary ICE differ from mobile
ICE in that a stationary internal combustion engine is not a nonroad
engine as defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of
that definition), and is not used to propel a motor vehicle, aircraft,
or a vehicle used solely for competition. Stationary ICE include
reciprocating ICE, rotary ICE, and other ICE, except combustion
turbines.
* * * * *
    19. Table 3 to Subpart IIII of Part 60 is revised to read as
follows:

   Table 3 to Subpart IIII of Part 60--Certification Requirements for
                      Stationary Fire Pump Engines
  [As stated in Sec.   60.4202(d), you must certify new stationary fire
         pump engines beginning with the following model years]
------------------------------------------------------------------------
                                             Starting model year engine
                                             manufacturers must certify
               Engine power                   new stationary fire pump
                                              engines according to Sec.
                                                    60.4202(d) 1
------------------------------------------------------------------------
KW < 75 (HP < 100)........................                          2011
75 <= KW < 130 (100 <= HP < 175)..........                          2010
130 <= KW <= 560(175 <= HP <= 750)........                          2009
KW > 560 (HP > 750).......................                          2008
------------------------------------------------------------------------
\1\ Manufacturers of fire pump stationary CI ICE with a maximum engine
  power greater than or equal to 37 KW (50 HP) and less than 450 KW (600
  HP) and a rated speed of greater than 2,650 revolutions per minute
  (rpm) are not required to certify such engines until three model years
  following the model year indicated in this Table 3 for engines in the
  applicable engine power category.

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

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

Subpart JJJJ--[Amended]

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

Sec.  60.4230  Am I subject to this subpart?

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

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

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

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

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

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

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

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