requirements that may significantly or uniquely affect small

governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    EPA has determined that this final 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. Thus, this final rule is not subject to the
requirements of sections 202 and 205 of the UMRA. In addition, EPA has
determined that the final rule contains no regulatory requirements that
might significantly or uniquely affect small governments because it
contains no requirements that apply to such governments or impose
obligations upon them. Therefore, the final rule is not subject to the
requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

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

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

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000)
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.''
    The final rule does not have tribal implications. 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 the final rule.

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

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

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

    The final rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. The basis
for this determination is provided below.
    The economic impact analysis (EIA) estimates changes in prices and
production levels for all energy markets (i.e., petroleum, natural gas,
electricity, and coal). We also estimate how changes in the energy
markets will impact other users of energy, with a focus on those that
would employ the non-emergency stationary CI engines affected by the
final rule. The estimated increase in demand for ULSD in 2015 (the year
for which the impacts of the final rule are estimated) associated with
the final rule is 63.2 million gallons, or 1.505 million barrels for
that year. This amount is equivalent to 4,123 barrels per day
additional demand of ULSD. The expected increase in demand for ULSD
will not likely be a difficulty for refiners to meet in 2015. Hence, no
significant adverse effect on the supply of this fuel is expected from
implementation of the final rule. All impact estimates for other types
of energy are below the thresholds that must be evaluated under this
Executive Order, and no adverse effects are expected to the
distribution and use of energy. The estimates contained within the EIA
thus show that there is no significant adverse effect on the supply,
distribution, or use of energy associated with the final rule.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104-113, Section 12(d), 15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in their
regulatory and procurement 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, business practices)
developed or adopted by one or more voluntary consensus bodies. The
NTTAA directs EPA to provide Congress, through annual reports to OMB,
with explanations when an agency does not use available and applicable
voluntary consensus standards.
    This final rule involves technical standards. EPA cites the
standard test procedures in 40 CFR part 1039, subpart F, which in turn
cites the procedures in 40 CFR part 1065, 40 CFR 86.1310 for full flow
dilution, 40 CFR 89.412 to 89.418 for raw-gas sampling using steady-
state tests, 40 CFR 89.112(c) for partial-flow sampling for gaseous
emissions during steady-state tests,

California Regulations for New 1996 and Later Heavy-duty Off-Road
Diesel Cycle Engines, 40 CFR 89.112(c), 40 CFR part 86, subpart N (7/1/
99), and 40 CFR 86.1309 for non-petroleum diesel fuel. The procedures
in 40 CFR part 1065 also allow any CA ARB or International Organization
for Standardization (ISO) standard if shown to be equivalent.
    Consistent with the NTTAA, EPA conducted searches to identify
voluntary consensus standards in addition to these methods. One
voluntary consensus standard was found that is potentially applicable
to the methods cited. This standard is not acceptable as an alternative
for the indicated test procedures, as discussed below.
    The voluntary consensus standard ISO IS0 8178-l:1996,
``Reciprocating Internal Combustion Engines--Exhaust Emission
Measurement--Part 1: Test-bed Measurement of Gaseous and Particulate
Exhaust Emissions,'' is not acceptable as an alternative to the test
procedures in Sec. Sec.  60.4212 and 60.4213 of the final rule
(specifically 40 CFR 86.1310) for the following reasons. Although ISO
8178-1:1996 has many of the features of EPA test procedures, the ISO
standard allows the gaseous measurements to be made in an undiluted
sample whereas EPA procedures in 40 CFR 86.1310 require at least one
dilution of the sample. The ISO method does allow the gaseous
measurements to be made during the double diluted sampling procedures
for PM, but it is not required by the ISO method. Also, in the
measurement of hydrocarbons, the ISO method only specifies that the
sample lines are to be maintained above 70[deg]C and advises that the
flow capacity of the sample lines is used to prevent condensation. In
EPA procedures in 40 CFR 86.1310, the sample lines must be maintained
at 191[deg]C during the hydrocarbon tests to prevent condensation.
    Sections 60.4212 and 60.4213 of the final rule list the testing
method included in the regulation. Under Sec.  63.7(f) and Sec.
63.8(f) of subpart A of the General Provisions, a source may apply to
EPA for permission to use alternative test methods or alternative
monitoring requirements in place of any required testing methods,
performance specifications, or procedures.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this final rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is a ``major rule'' as defined by 5 U.S.C.
804(2). The final rule will be effective on September 11, 2006.

List of Subjects

40 CFR Part 60

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

40 CFR Part 85

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

40 CFR Part 89

    Administrative practice and procedure, Imports, Labeling, Motor
vehicle pollution, Reporting and recordkeeping requirements, Research,
Vessels, Warranties.

40 CFR Part 94

    Administrative practice and procedure, Air pollution control,
Imports, Penalties, Reporting and recordkeeping requirements, Vessels,
Warranties.

40 CFR Part 1039

    Administrative practice and procedure, Air pollution control.

40 CFR Part 1065

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

40 CFR Part 1068

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

    Dated: June 28, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended to read as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart A--[AMENDED]

0
2. Section 60.17(a) is amended by redesignating paragraphs (a)(84)
through (a)(91) as paragraphs (a)(85) through (a)(92), respectively and
adding a new paragraph (a)(84) to read as follows:

Sec.  60.17  Incorporations by Reference.

* * * * *
    (a) * * *
    (84) ASTM D6348-03, Standard Test Method for Determination of
Gaseous Compounds by Extractive Direct Interface Fourier Transform
Infrared (FTIR) Spectroscopy, IBR approved for table 7 of Subpart IIII
of this part.
* * * * *

0
3. Part 60 is amended by adding subpart IIII to read as follows:

Subpart IIII--Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines

What This Subpart Covers

Sec.
60.4200 Am I subject to this subpart?

Emission Standards for Manufacturers

60.4201 What emission standards must I meet for non-emergency
engines if I am a stationary CI internal combustion engine
manufacturer?
60.4202 What emission standards must I meet for emergency engines if
I am a stationary CI internal combustion engine manufacturer?
60.4203 How long must my engines meet the emission standards if I am
a stationary CI internal combustion engine manufacturer?

Emission Standards for Owners and Operators

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

Fuel Requirements for Owners and Operators

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?

Other Requirements for Owners and Operators

60.4208 What is the deadline for importing and installing stationary
CI ICE produced in the previous model year?
60.4209 What are the monitoring requirements if I am an owner or
operator of a stationary CI internal combustion engine?

Compliance Requirements

60.4210 What are my compliance requirements if I am a stationary CI
internal combustion engine manufacturer?
60.4211 What are my compliance requirements if I am an owner or
operator of a stationary CI internal combustion engine?

Testing Requirements for Owners and Operators

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?
60.4213 What test methods and other procedures must I use if I am an
owner or operator of a stationary CI internal combustion engine with
a displacement of greater than or equal to 30 liters per cylinder?

Notification, Reports, and Records for Owners and Operators

60.4214 What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary CI
internal combustion engine?

Special Requirements

60.4215 What requirements must I meet for engines used in Guam,
American Samoa, or the Commonwealth of the Northern Mariana Islands?
60.4216 What requirements must I meet for engines used in Alaska?
60.4217 What emission standards must I meet if I am an owner or
operator of a stationary internal combustion engine using special
fuels?

General Provisions

60.4218 What parts of the General Provisions apply to me?

Definitions

60.4219 What definitions apply to this subpart?

Tables to Subpart IIII of Part 60

Table 1 to Subpart IIII of Part 60--Emission Standards for
Stationary Pre-2007 Model Year Engines with a displacement of < 10
liters per cylinder and 2007-2010 Model Year Engines >2,237 KW
(3,000 HP) and with a displacement of < 10 liters per cylinder
Table 2 to Subpart IIII of Part 60--Emission Standards for 2008
Model Year and Later Emergency Stationary CI ICE < 37 KW (50 HP) and
with a Displacement of < 10 liters per cylinder
Table 3 to Subpart IIII of Part 60--Certification Requirements for
Stationary Fire Pump Engines
Table 4 to Subpart IIII of Part 60--Emission Standards for
Stationary Fire Pump Engines
Table 5 to Subpart IIII of Part 60--Labeling and Recordkeeping
Requirements for New Stationary Emergency Engines
Table 6 to Subpart IIII of Part 60--Optional 3-Mode Test Cycle for
Stationary Fire Pump Engines
Table 7 to Subpart IIII of Part 60--Requirements for Performance
Tests for Stationary CI ICE with a displacement of >=30 liters per
cylinder
Table 8 to Subpart IIII of Part 60--Applicability of General
Provisions to Subpart IIII

Subpart IIII--Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines

What This Subpart Covers

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) as specified in paragraphs (a)(1) through (3)
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 stationary CI ICE that modify or
reconstruct their stationary CI ICE after July 11, 2005.
    (b) The provisions of this subpart are not applicable to stationary
CI ICE being tested at a stationary CI ICE test cell/stand.
    (c) If you are an owner or operator of an area source subject to
this subpart, you are exempt from the obligation to obtain a permit
under 40 CFR part 70 or 40 CFR part 71, provided you are not required
to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason
other than your status as an area source under this subpart.
Notwithstanding the previous sentence, you must continue to comply with
the provisions of this subpart applicable to area sources.
    (d) Stationary CI ICE may be eligible for exemption from the
requirements of this subpart as described in 40 CFR part 1068, subpart
C (or the exemptions described in 40 CFR part 89, subpart J and 40 CFR
part 94, subpart J, for engines that would need to be certified to
standards in those parts), except that owners and operators, as well as
manufacturers, may be eligible to request an exemption for national
security.

Emission Standards for Manufacturers

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

    (a) Stationary CI internal combustion engine manufacturers must
certify their 2007 model year and later non-emergency stationary CI ICE
with a maximum engine power less than or equal to 2,237 kilowatt (KW)
(3,000 horsepower (HP)) and a displacement of less than 10 liters per
cylinder to the certification emission standards for new nonroad CI
engines in 40 CFR 89.112, 40 CFR 89.113, 40 CFR 1039.101, 40 CFR
1039.102, 40 CFR 1039.104, 40 CFR 1039.105, 40 CFR 1039.107, and 40 CFR
1039.115, as applicable, for all pollutants, for the same model year
and maximum engine power.
    (b) Stationary CI internal combustion engine manufacturers must
certify their 2007 through 2010 model year non-emergency stationary CI
ICE with a maximum engine power greater than 2,237 KW (3,000 HP) and a
displacement of less than 10 liters per cylinder to the emission
standards in table 1 to this subpart, for all pollutants, for the same
maximum engine power.
    (c) Stationary CI internal combustion engine manufacturers must
certify their 2011 model year and later non-emergency stationary CI ICE
with a maximum engine power greater than 2,237 KW (3,000 HP) and a
displacement of less than 10 liters per cylinder to the certification
emission standards for new nonroad CI engines in 40 CFR 1039.101, 40
CFR 1039.102, 40 CFR 1039.104, 40 CFR 1039.105, 40 CFR 1039.107, and 40
CFR 1039.115, as applicable, for all pollutants, for the same maximum
engine power.
    (d) Stationary CI internal combustion engine manufacturers must
certify their 2007 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 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.

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

    (a) Stationary CI internal combustion engine manufacturers must
certify their 2007 model year and later emergency stationary CI ICE
with a maximum engine power less than or equal to 2,237 KW (3,000 HP)
and a displacement of less than 10 liters per cylinder that are not
fire pump engines to the emission standards specified in paragraphs
(a)(1) through (2) of this section.
    (1) For engines with a maximum engine power less than 37 KW (50
HP):
    (i) The certification emission standards for new nonroad CI engines
for the same model year and maximum engine power in 40 CFR 89.112 and
40 CFR 89.113 for all pollutants for model year 2007 engines, and
    (ii) The certification emission standards for new nonroad CI
engines in 40 CFR 1039.104, 40 CFR 1039.105, 40 CFR 1039.107, 40 CFR
1039.115, and table 2 to this subpart, for 2008 model year and later
engines.
    (2) For engines with a maximum engine power greater than or equal
to 37 KW (50 HP), the certification emission standards for new nonroad
CI engines for the same model year and maximum engine power in 40 CFR
89.112 and 40 CFR 89.113 for all pollutants beginning in model year
2007.
    (b) Stationary CI internal combustion engine manufacturers must
certify their 2007 model year and later emergency stationary CI ICE
with a maximum engine power greater than 2,237 KW (3,000 HP) and a
displacement of less than 10 liters per cylinder that are not fire pump
engines to the emission standards specified in paragraphs (b)(1)
through (2) of this section.
    (1) For 2007 through 2010 model years, the emission standards in
table 1 to this subpart, for all pollutants, for the same maximum
engine power.
    (2) For 2011 model year and later, the certification emission
standards for new nonroad CI engines for engines of the same model year
and maximum engine power in 40 CFR 89.112 and 40 CFR 89.113 for all
pollutants.
    (c) Stationary CI internal combustion engine manufacturers must
certify their 2007 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 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.
    (d) Beginning with the model years in table 3 to this subpart,
stationary CI internal combustion engine manufacturers must certify
their fire pump stationary CI ICE to the emission standards in table 4
to this subpart, for all pollutants, for the same model year and NFPA
nameplate power.

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

    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 useful life of the engines.

Emission Standards for Owners and Operators

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?

    (a) Owners and operators of pre-2007 model year non-emergency
stationary CI ICE with a displacement of less than 10 liters per
cylinder must comply with the emission standards in table 1 to this
subpart. Owners and operators of pre-2007 model year 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 must comply
with the emission standards in 40 CFR 94.8(a)(1).
    (b) Owners and operators of 2007 model year and later non-emergency
stationary CI ICE with a displacement of less than 30 liters per
cylinder must comply with the emission standards for new CI engines in
Sec.  60.4201 for their 2007 model year and later stationary CI ICE, as
applicable.
    (c) Owners and operators of non-emergency stationary CI ICE with a
displacement of greater than or equal to 30 liters per cylinder must
meet the requirements in paragraphs (c)(1) and (2) of this section.
    (1) Reduce nitrogen oxides (NOX) emissions by 90 percent
or more, or 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)).
    (2) 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).

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 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 that are not fire pump engines must comply with the
emission standards in 40 CFR 94.8(a)(1).
    (b) Owners and operators of 2007 model year and later emergency
stationary CI ICE with a displacement of less than 30 liters per
cylinder that are not fire pump engines must comply with the emission
standards for new nonroad CI engines in Sec.  60.4202, for all
pollutants, for the same model year and maximum engine power for their
2007 model year and later emergency stationary CI ICE.
    (c) Owners and operators of fire pump engines with a displacement
of less than 30 liters per cylinder must comply with the emission
standards in table 4 to this subpart, for all pollutants.
    (d) Owners and operators of emergency stationary CI ICE with a
displacement of greater than or equal to 30 liters per cylinder must
meet the requirements in paragraphs (d)(1) and (2) of this section.
    (1) Reduce NOX emissions by 90 percent or more, or limit
the emissions of NOX in the stationary CI internal
combustion engine exhaust to 1.6 grams per KW-hour (1.2 grams per HP-
hour).
    (2) Reduce 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).

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 according to the manufacturer's written
instructions or procedures developed by the owner or operator that are
approved by the engine manufacturer, over the entire life of the
engine.

Fuel Requirements for Owners and Operators

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?

    (a) Beginning October 1, 2007, owners and operators of stationary
CI ICE subject to this subpart that use diesel fuel must use diesel
fuel that meets the requirements of 40 CFR 80.510(a).
    (b) Beginning October 1, 2010, owners and operators of stationary
CI ICE subject to this subpart with a displacement of less than 30
liters per cylinder that use diesel fuel must use diesel fuel that
meets the requirements of 40 CFR 80.510(b) for nonroad diesel fuel.
    (c) Owners and operators of pre-2011 model year stationary CI ICE
subject to this subpart may petition the Administrator for approval to
use remaining non-compliant fuel that does not meet the fuel
requirements of paragraphs (a) and (b) of this section beyond the dates
required for the purpose of using up existing fuel inventories. If
approved, the petition will be valid for a period of up to 6 months. If
additional time is needed, the owner or operator is required to submit
a new petition to the Administrator.
    (d) 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 Federal Aid Highway System may petition the
Administrator for approval to use any fuels mixed with used lubricating
oil that do not meet the fuel requirements of paragraphs (a) and (b) of
this section. Owners and operators must demonstrate in their petition
to the Administrator that there is no other place to use the
lubricating oil. If approved, the petition will be valid for a period
of up to 6 months. If additional time is needed, the owner or operator
is required to submit a new petition to the Administrator.
    (e) Stationary CI ICE that have a national security exemption under
Sec.  60.4200(d) are also exempt from the fuel requirements in this
section.

Other Requirements for Owners and Operators

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

    (a) After December 31, 2008, owners and operators may not install
stationary CI ICE (excluding fire pump engines) that do not meet the
applicable requirements for 2007 model year engines.
    (b) After December 31, 2009, owners and operators may not install
stationary CI ICE with a maximum engine power of less than 19 KW (25
HP) (excluding fire pump engines) that do not meet the applicable
requirements for 2008 model year engines.
    (c) After December 31, 2014, owners and operators may not install
non-emergency stationary CI ICE with a maximum engine power of greater
than or equal to 19 KW (25 HP) and less than 56 KW (75 HP) that do not
meet the applicable requirements for 2013 model year non-emergency
engines.
    (d) After December 31, 2013, owners and operators may not install
non-emergency stationary CI ICE with a maximum engine power of greater
than or equal to 56 KW (75 HP) and less than 130 KW (175 HP) that do
not meet the applicable requirements for 2012 model year non-emergency
engines.
    (e) After December 31, 2012, owners and operators may not install
non-emergency stationary CI ICE with a maximum engine power of greater
than or equal to 130 KW (175 HP), including those above 560 KW (750
HP), that do not meet the applicable requirements for 2011 model year
non-emergency engines.
    (f) After December 31, 2016, owners and operators may not install
non-emergency stationary CI ICE with a maximum engine power of greater
than or equal to 560 KW (750 HP) that do not meet the applicable
requirements for 2015 model year non-emergency engines.
    (g) 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 (f) of this section after the dates specified in
paragraphs (a) through (f) of this section.
    (h) 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.

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

    If you are an owner or operator, you must meet the monitoring
requirements of this section. In addition, you must also meet the
monitoring requirements specified in Sec.  60.4211.
    (a) If you are an owner or operator of an emergency stationary CI
internal combustion engine, you must install a non-resettable hour
meter prior to startup of the engine.
    (b) If you are an owner or operator of a stationary CI internal
combustion engine equipped with a diesel particulate filter to comply
with the emission standards in Sec.  60.4204, the diesel particulate
filter must be installed with a backpressure monitor that notifies the
owner or operator when the high backpressure limit of the engine is
approached.

Compliance Requirements

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

    (a) Stationary CI internal combustion engine manufacturers must
certify their stationary CI ICE with a displacement of less than 10
liters per cylinder to the emission standards specified in Sec.
60.4201(a) through (c) and Sec.  60.4202(a), (b) and (d) using the
certification procedures required in 40 CFR part 89, subpart B, or 40
CFR part 1039, subpart C, as applicable, and must test their engines as
specified in those parts. For the purposes of this subpart, engines
certified to the standards in table 1 to this subpart shall be subject
to the same requirements as engines certified to the standards in 40
CFR part 89. For the purposes of this subpart, engines certified to the
standards in table 4 to this subpart shall be subject to the same
requirements as engines certified to the standards in 40 CFR part 89,
except that engines with NFPA nameplate power of less than 37 KW (50
HP) certified to model year 2011 or later standards shall be subject to
the same requirements as engines certified to the standards in 40 CFR
part 1039.
    (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 Sec.
60.4202(c) using the certification procedures required in 40 CFR part
94 subpart C, and must test their engines as specified in 40 CFR part
94.
    (c) Stationary CI internal combustion engine manufacturers must
meet the requirements of 40 CFR 1039.120, 40 CFR 1039.125, 40 CFR
1039.130, 40 CFR 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 or 40 CFR part 94 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.
    (1) Stationary CI internal combustion engines manufactured from
January 1, 2006 to March 31, 2006 (January 1, 2006 to June 30, 2006 for
fire pump engines), other than those that are part of certified engine
families under the nonroad CI engine regulations, must be labeled
according to 40 CFR 1039.20.
    (2) Stationary CI internal combustion engines manufactured from
April 1, 2006 to December 31, 2006 (or, for fire pump engines, July 1,
2006 to December 31 of the year preceding the year listed in table 3 to
this subpart) must be labeled according to paragraphs (c)(2)(i) through
(iii) of this section:
    (i) Stationary CI internal combustion engines that are part of
certified engine families under the nonroad regulations must meet the
labeling requirements for nonroad CI engines, but do not have to meet
the labeling requirements in 40 CFR 1039.20.
    (ii) Stationary CI internal combustion engines that meet Tier 1
requirements (or requirements for fire pumps) under this subpart, but
do not meet the requirements applicable to nonroad CI engines must be
labeled according to 40 CFR 1039.20. The engine manufacturer may add
language to the label clarifying that the engine meets Tier 1
requirements (or requirements for fire pumps) of this subpart.
    (iii) Stationary CI internal combustion engines manufactured after
April 1, 2006 that do not meet Tier 1 requirements of this subpart, or
fire pumps engines manufactured after July 1, 2006 that do not meet the
requirements for fire pumps under this subpart, may not be used in the
U.S. If any such engines are manufactured in the U.S. after April 1,
2006 (July 1, 2006 for fire pump engines), they must be exported or
must be brought into compliance with the appropriate standards prior to
initial operation. The export provisions of 40 CFR 1068.230 would apply
to engines for export and the manufacturers must label such engines
according to 40 CFR 1068.230.
    (3) Stationary CI internal combustion engines manufactured after
January 1, 2007 (for fire pump engines, after January 1 of the year
listed in table 3 to this subpart, as applicable) must be labeled
according to paragraphs (c)(3)(i) through (iii) of this section.
    (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 part 89, 94 or 1039, 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 part 89, 94 or
1039, 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.
    (iii) Stationary CI internal combustion engines that do not meet
the requirements of this subpart must be labeled according to 40 CFR
1068.230 and must be exported under the provisions of 40 CFR 1068.230.
    (d) An engine manufacturer certifying an engine family or families
to standards under this subpart that are identical to standards
applicable under parts 89, 94, or 1039 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.
    (e) Manufacturers of engine families discussed in paragraph (d) of
this section may meet the labeling requirements referred to in
paragraph (c) of this section for stationary CI ICE by either adding a
separate label containing the information required in paragraph (c) of
this section or by adding the words ``and stationary'' after the word
``nonroad'' or ``marine,'' as appropriate, to the label.
    (f) Starting with the model years shown in table 5 to this subpart,
stationary CI internal combustion engine manufacturers must add a
permanent label stating that the engine is for stationary emergency use
only to each new emergency stationary CI internal combustion engine
greater than or equal to 19 KW (25 HP) that meets all the emission
standards for emergency engines in Sec.  60.4202 but does not meet all
the emission standards for non-emergency engines in Sec.  60.4201. The
label must be added according to the labeling requirements specified in
40 CFR 1039.135(b). Engine manufacturers must specify in the owner's
manual that operation of emergency engines is limited to emergency
operations and required maintenance and testing.
    (g) Manufacturers of fire pump engines may use the test cycle in
table 6 to this subpart for testing fire pump engines and may test at
the NFPA certified nameplate HP, provided that the engine is labeled as
``Fire Pump Applications Only''.
    (h) Engine manufacturers, including importers, may introduce into
commerce uncertified engines or engines certified to earlier standards
that were manufactured before the new or changed standards took effect
until inventories are depleted, as long as such engines are part of
normal inventory. For example, if the engine manufacturers' normal
industry practice is to keep on hand a one-month supply of engines
based on its projected sales, and a new tier of standards starts to
apply for the 2009 model year, the engine manufacturer may manufacture
engines based on the normal inventory requirements late in the 2008
model year, and sell those engines for installation. The engine
manufacturer may not circumvent the provisions of Sec. Sec.  60.4201 or
60.4202 by stockpiling engines that are built before new or changed
standards take effect. Stockpiling of such engines beyond normal
industry practice is a violation of this subpart.
    (i) The replacement engine provisions of 40 CFR 89.1003(b)(7), 40
CFR 94.1103(b)(3), 40 CFR 94.1103(b)(4) and 40 CFR 1068.240 are
applicable to stationary CI engines replacing existing equipment that
is less than 15 years old.

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 operate and
maintain the stationary CI internal combustion engine and control
device according to the manufacturer's written instructions or
procedures developed by the owner or operator that are approved by the
engine manufacturer. In addition, owners and operators may only change
those settings that are permitted by the manufacturer. You must also
meet the requirements of 40 CFR parts 89, 94 and/or 1068, as they apply
to you.
    (b) If you are an owner or operator of a pre-2007 model year
stationary CI internal combustion engine and must comply with the
emission standards specified in Sec. Sec.  60.4204(a) or 60.4205(a), or
if you are an owner or operator of a CI fire pump engine that is
manufactured prior to the model years in table 3 to this subpart and
must comply with the emission standards

specified in Sec.  60.4205(c), you must demonstrate compliance
according to one of the methods specified in paragraphs (b)(1) through
(5) of this section.
    (1) Purchasing an engine certified according to 40 CFR part 89 or
40 CFR part 94, as applicable, for the same model year and maximum
engine power. The engine must be installed and configured according to
the manufacturer's specifications.
    (2) Keeping records of performance test results for each pollutant
for a test conducted on a similar engine. The test must have been
conducted using the same methods specified in this subpart and these
methods must have been followed correctly.
    (3) Keeping records of engine manufacturer data indicating
compliance with the standards.
    (4) Keeping records of control device vendor data indicating
compliance with the standards.
    (5) Conducting an initial performance test to demonstrate
compliance with the emission standards according to the requirements
specified in Sec.  60.4212, as applicable.
    (c) If you are an owner or operator of a 2007 model year and later
stationary CI internal combustion engine and must comply with the
emission standards specified in Sec.  60.4204(b) or Sec.  60.4205(b),
or if you are an owner or operator of a CI fire pump engine that is
manufactured during or after the model year that applies to your fire
pump engine power rating in table 3 to this subpart and must comply
with the emission standards specified in Sec.  60.4205(c), you must
comply by purchasing an engine certified to the emission standards in
Sec.  60.4204(b), or Sec.  60.4205(b) or (c), as applicable, for the
same model year and maximum (or in the case of fire pumps, NFPA
nameplate) engine power. The engine must be installed and configured
according to the manufacturer's specifications.
    (d) If you are an owner or operator and must comply with the
emission standards specified in Sec.  60.4204(c) or Sec.  60.4205(d),
you must demonstrate compliance according to the requirements specified
in paragraphs (d)(1) through (3) of this section.
    (1) Conducting an initial performance test to demonstrate initial
compliance with the emission standards as specified in Sec.  60.4213.
    (2) Establishing operating parameters to be monitored continuously
to ensure the stationary internal combustion engine continues to meet
the emission standards. The owner or operator must petition the
Administrator for approval of operating parameters to be monitored
continuously. The petition must include the information described in
paragraphs (d)(2)(i) through (v) of this section.
    (i) Identification of the specific parameters you propose to
monitor continuously;
    (ii) A discussion of the relationship between these parameters and
NOX and PM emissions, identifying how the emissions of these
pollutants change with changes in these parameters, and how limitations
on these parameters will serve to limit NOX and PM
emissions;
    (iii) A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the limits on these
parameters in the operating limitations;
    (iv) A discussion identifying the methods and the instruments you
will use to monitor these parameters, as well as the relative accuracy
and precision of these methods and instruments; and
    (v) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.
    (3) For non-emergency engines with a displacement of greater than
or equal to 30 liters per cylinder, conducting annual performance tests
to demonstrate continuous compliance with the emission standards as
specified in Sec.  60.4213.
    (e) Emergency stationary ICE may be operated for the purpose of
maintenance checks and readiness testing, provided that the tests are
recommended by Federal, State, or local government, the manufacturer,
the vendor, or the insurance company associated with the engine.
Maintenance checks and readiness testing of such units is limited to
100 hours per year. There is no time limit on the use of emergency
stationary ICE in emergency situations. Anyone 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. For owners and operators of
emergency engines meeting standards under Sec.  60.4205 but not Sec.
60.4204, any operation other than emergency operation, and maintenance
and testing as permitted in this section, is prohibited.

Testing Requirements for Owners and Operators

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 (d) of
this section.
    (a) The performance test must be conducted according to the in-use
testing procedures in 40 CFR part 1039, subpart F.
    (b) Exhaust emissions from stationary CI ICE that are complying
with the emission standards for new CI engines in 40 CFR part 1039 must
not exceed the not-to-exceed (NTE) standards for the same model year
and maximum engine power as required in 40 CFR 1039.101(e) and 40 CFR
1039.102(g)(1), except as specified in 40 CFR 1039.104(d). This
requirement starts when NTE requirements take effect for nonroad diesel
engines under 40 CFR part 1039.
    (c) Exhaust emissions from stationary CI ICE that are complying
with the emission standards for new CI engines in 40 CFR 89.112 or 40
CFR 94.8, as applicable, must not exceed the NTE numerical
requirements, rounded to the same number of decimal places as the
applicable standard in 40 CFR 89.112 or 40 CFR 94.8, as applicable,
determined from the following equation:

[GRAPHIC] [TIFF OMITTED] TR11JY06.000

Where:

STD = The standard specified for that pollutant in 40 CFR 89.112 or 40
CFR 94.8, as applicable.

    Alternatively, stationary CI ICE that are complying with the
emission standards for new CI engines in 40 CFR 89.112 or 40 CFR 94.8
may follow the testing procedures specified in Sec.  60.4213 of this
subpart, as appropriate.
    (d) Exhaust emissions from stationary CI ICE that are complying
with the emission standards for pre-2007 model

year engines in Sec.  60.4204(a), Sec.  60.4205(a), or Sec.  60.4205(c)
must not exceed the NTE numerical requirements, rounded to the same
number of decimal places as the applicable standard in Sec.
60.4204(a), Sec.  60.4205(a), or Sec.  60.4205(c), determined from the
equation in paragraph (c) of this section.

Where:

STD = The standard specified for that pollutant in Sec.  60.4204(a),
Sec.  60.4205(a), or Sec.  60.4205(c).

    Alternatively, stationary CI ICE that are complying with the
emission standards for pre-2007 model year engines in Sec.  60.4204(a),
Sec.  60.4205(a), or Sec.  60.4205(c) may follow the testing procedures
specified in Sec.  60.4213, as appropriate.

Sec.  60.4213  What test methods and other procedures must I use if I
am an owner or operator of a stationary CI internal combustion engine
with a displacement of greater than or equal to 30 liters per cylinder?

    Owners and operators of stationary CI ICE with a displacement of
greater than or equal to 30 liters per cylinder must conduct
performance tests according to paragraphs (a) through (d) of this
section.
    (a) Each performance test must be conducted according to the
requirements in Sec.  60.8 and under the specific conditions that this
subpart specifies in table 7. The test must be conducted within 10
percent of 100 percent peak (or the highest achievable) load.
    (b) You may not conduct performance tests during periods of
startup, shutdown, or malfunction, as specified in Sec.  60.8(c).
    (c) You must conduct three separate test runs for each performance
test required in this section, as specified in Sec.  60.8(f). Each test
run must last at least 1 hour.
    (d) To determine compliance with the percent reduction requirement,
you must follow the requirements as specified in paragraphs (d)(1)
through (3) of this section.
    (1) You must use Equation 2 of this section to determine compliance
with the percent reduction requirement:
[GRAPHIC] [TIFF OMITTED] TR11JY06.001

Where:

Ci = concentration of NOX or PM at the control
device inlet,
Co = concentration of NOX or PM at the control
device outlet, and
R = percent reduction of NOX or PM emissions.

    (2) You must normalize the NOX or PM concentrations at
the inlet and outlet of the control device to a dry basis and to 15
percent oxygen (O2) using Equation 3 of this section, or an
equivalent percent carbon dioxide (CO2) using the procedures
described in paragraph (d)(3) of this section.
[GRAPHIC] [TIFF OMITTED] TR11JY06.002

Where:

Cadj = Calculated NOX or PM concentration
adjusted to 15 percent O2.
Cd = Measured concentration of NOX or PM,
uncorrected.
5.9 = 20.9 percent O2-15 percent O2, the
defined O2 correction value, percent.
%O2 = Measured O2 concentration, dry basis,
percent.

    (3) If pollutant concentrations are to be corrected to 15 percent
O2 and CO2 concentration is measured in lieu of
O2 concentration measurement, a CO2 correction
factor is needed. Calculate the CO2 correction factor as
described in paragraphs (d)(3)(i) through (iii) of this section.
    (i) Calculate the fuel-specific Fo value for the fuel
burned during the test using values obtained from Method 19, Section
5.2, and the following equation:
[GRAPHIC] [TIFF OMITTED] TR11JY06.003

Where:

Fo = Fuel factor based on the ratio of O2
volume to the ultimate CO2 volume produced by the fuel at
zero percent excess air.
0.209 = Fraction of air that is O2, percent/100.
Fd = Ratio of the volume of dry effluent gas to the gross
calorific value of the fuel from Method 19, dsm3/J (dscf/
106 Btu).
Fc = Ratio of the volume of CO2 produced to
the gross calorific value of the fuel from Method 19,
dsm3/J (dscf/106 Btu).

    (ii) Calculate the CO2 correction factor for correcting
measurement data to 15 percent O2, as follows:

[GRAPHIC] [TIFF OMITTED] TR11JY06.004

Where:

XCO2 = CO2 correction factor, percent.
5.9 = 20.9 percent O2-15 percent O2, the
defined O2 correction value, percent.

    (iii) Calculate the NOX and PM gas concentrations
adjusted to 15 percent O2 using CO2 as follows:
[GRAPHIC] [TIFF OMITTED] TR11JY06.005

Where:

Cadj = Calculated NOX or PM concentration
adjusted to 15 percent O2.
Cd = Measured concentration of NOX or PM,
uncorrected.
%CO2 = Measured CO2 concentration, dry basis,
percent.

    (e) To determine compliance with the NOX mass per unit
output emission limitation, convert the concentration of NOX
in the engine exhaust using Equation 7 of this section:

[GRAPHIC] [TIFF OMITTED] TR11JY06.006

Where:

ER = Emission rate in grams per KW-hour.
Cd = Measured NOX concentration in ppm.
1.912x10-3 = Conversion constant for ppm NOX
to grams per standard cubic meter at 25 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meter per
hour.
T = Time of test run, in hours.
KW-hour = Brake work of the engine, in KW-hour.

    (f) To determine compliance with the PM mass per unit output
emission limitation, convert the concentration of PM in the engine
exhaust using Equation 8 of this section:
[GRAPHIC] [TIFF OMITTED] TR11JY06.007

Where:

ER = Emission rate in grams per KW-hour.
Cadj = Calculated PM concentration in grams per standard
cubic meter.
Q = Stack gas volumetric flow rate, in standard cubic meter per
hour.
T = Time of test run, in hours.
KW-hour = Energy output of the engine, in KW.

Notification, Reports, and Records for Owners and Operators

Sec.  60.4214  What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary CI internal
combustion engine?

    (a) Owners and operators of non-emergency stationary CI ICE that
are greater than 2,237 KW (3,000 HP), or have a displacement of greater
than or equal to 10 liters per cylinder, or are pre-2007 model year
engines that are greater than 130 KW (175 HP) and not certified, must
meet the requirements of paragraphs (a)(1) and (2) of this section.
    (1) Submit an initial notification as required in Sec.  60.7(a)(1).
The notification must include the information in paragraphs (a)(1)(i)
through (v) of this section.
    (i) Name and address of the owner or operator;
    (ii) The address of the affected source;
    (iii) Engine information including make, model, engine family,
serial number, model year, maximum engine power, and engine
displacement;
    (iv) Emission control equipment; and
    (v) Fuel used.
    (2) Keep records of the information in paragraphs (a)(2)(i) through
(iv) of this section.
    (i) All notifications submitted to comply with this subpart and all
documentation supporting any notification.
    (ii) Maintenance conducted on the engine.
    (iii) If the stationary CI internal combustion is a certified
engine, documentation from the manufacturer that the engine is
certified to meet the emission standards.
    (iv) If the stationary CI internal combustion is not a certified
engine, documentation that the engine meets the emission standards.
    (b) If the stationary CI internal combustion engine is an emergency
stationary internal combustion engine, the owner or operator is not
required to submit an initial notification. Starting with the model
years in table 5 to this subpart, if the emergency engine does not meet
the standards applicable to non-emergency engines in the applicable
model year, the owner or operator must keep records of the operation of
the engine in emergency and non-emergency service that are recorded
through the non-resettable hour meter. The owner must record the time
of operation of the engine and the reason the engine was in operation
during that time.
    (c) If the stationary CI internal combustion engine is equipped
with a diesel particulate filter, the owner or operator must keep
records of any corrective action taken after the backpressure monitor
has notified the owner or operator that the high backpressure limit of
the engine is approached.

Special Requirements

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 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.  60.4205. Non-emergency
stationary CI ICE with a displacement of greater than or equal to 30
liters per cylinder, must meet the applicable emission standards in
Sec.  60.4204(c).
    (b) Stationary CI ICE that are used in Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands are not required to meet
the fuel requirements in Sec.  60.4207.

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

    (a) Prior to December 1, 2010, owners and operators of stationary
CI engines located in areas of Alaska not accessible by the Federal Aid
Highway System should refer to 40 CFR part 69 to determine the diesel
fuel requirements applicable to such engines.
    (b) The Governor of Alaska may submit for EPA approval, by no later
than January 11, 2008, an alternative plan for implementing the
requirements of 40 CFR part 60, subpart IIII, for public-sector
electrical utilities located in rural areas of Alaska not accessible by
the Federal Aid Highway System. This alternative plan must be based on
the requirements of section 111 of the Clean Air Act 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 40 CFR part 60, subpart IIII. If EPA approves by
rulemaking process an alternative plan, the provisions as approved by
EPA under that plan shall apply to the diesel engines used in new
stationary internal combustion engines subject to this paragraph.

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?

    (a) Owners and operators of stationary CI ICE that do not use
diesel fuel, or who have been given authority by the Administrator
under Sec.  60.4207(d) of this subpart to use fuels that do not meet
the fuel requirements of paragraphs (a) and (b) of Sec.  60.4207, 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.
60.4202 or Sec.  60.4203 using such fuels.
    (b) [Reserved]

General Provisions

Sec.  60.4218  What parts of the General Provisions apply to me?

    Table 8 to this subpart shows which parts of the General Provisions
in Sec. Sec.  60.1 through 60.19 apply to you.

Definitions

Sec.  60.4219  What definitions apply to this subpart?

    As used in this subpart, all terms not defined herein shall have
the meaning given them in the CAA and in subpart A of this part.
    Combustion turbine means all equipment, including but not limited
to the turbine, the fuel, air, lubrication and exhaust gas systems,
control systems (except emissions control equipment), and any ancillary
components and sub-components comprising any simple cycle combustion
turbine, any regenerative/recuperative cycle combustion turbine, the
combustion turbine portion of any cogeneration cycle combustion system,
or the combustion turbine portion of any combined cycle steam/electric
generating system.
    Compression ignition means relating to a type of stationary
internal combustion engine that is not a spark ignition engine.
    Diesel fuel means any liquid obtained from the distillation of
petroleum with a boiling point of approximately 150 to 360 degrees
Celsius. One commonly used form is number 2 distillate oil.
    Diesel particulate filter means an emission control technology that
reduces PM emissions by trapping the particles in a flow filter
substrate and periodically removes the collected particles by either
physical action or by oxidizing (burning off) the particles in a
process called regeneration.
    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 to supply power to an electric grid or that
supply power as part of a financial arrangement with another entity are
not considered to be emergency engines.
    Engine manufacturer means the manufacturer of the engine. See the
definition of ``manufacturer'' in this section.
    Fire pump engine means an emergency stationary internal combustion
engine certified to NFPA requirements that is used to provide power to
pump water for fire suppression or protection.
    Manufacturer has the meaning given in section 216(1) of the Act. In
general, this term includes any person who manufactures a stationary
engine for sale in the United States or otherwise introduces a new
stationary engine into commerce in the United States. This includes
importers who import stationary engines for sale or resale.
    Maximum engine power means maximum engine power as defined in 40
CFR 1039.801.
    Model year means either:
    (1) The calendar year in which the engine was originally produced,
or
    (2) The annual new model production period of the engine
manufacturer if it is different than the calendar year. This must
include January 1 of the calendar year for which the model year is
named. It may not begin before January 2 of the previous calendar year
and it must end by December 31 of the named calendar year. For an
engine that is converted to a stationary engine after being placed into
service as a nonroad or other non-stationary engine, model year means
the calendar year or new model production period in which the engine
was originally produced.
    Other internal combustion engine means any internal combustion
engine, except combustion turbines, which is not a reciprocating
internal combustion engine or rotary internal combustion engine.
    Reciprocating internal combustion engine means any internal
combustion engine which uses reciprocating motion to convert heat
energy into mechanical work.
    Rotary internal combustion engine means any internal combustion
engine which uses rotary motion to convert heat energy into mechanical
work.
    Spark ignition means relating to a gasoline, natural gas, or
liquefied petroleum gas fueled engine or any other type of engine with
a spark plug (or other sparking device) and with operating
characteristics significantly similar to the theoretical Otto
combustion cycle. Spark ignition engines usually use a throttle to
regulate intake air flow to control power during normal operation.
Dual-fuel engines in which a liquid fuel (typically diesel fuel) is
used for CI and gaseous fuel (typically natural gas) is used as the
primary fuel at an annual average ratio of less than 2 parts diesel
fuel to 100 parts total fuel on an energy equivalent basis are spark
ignition engines.
    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 or a
vehicle used solely for competition. Stationary ICE include
reciprocating ICE, rotary ICE, and other ICE, except combustion
turbines.
    Subpart means 40 CFR part 60, subpart IIII.
    Useful 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 useful 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 useful 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).

Tables to Subpart IIII of Part 60

    Table 1 to Subpart IIII of Part 60.--Emission Standards for Stationary Pre-2007 Model Year Engines With a
    Displacement of <10 Liters per Cylinder and 2007-2010 Model Year Engines >2,237 KW (3,000 HP) and With a
                                     Displacement of < 10 Liters per Cylinder
     [As stated in Sec.  Sec.   60.4201(b), 60.4202(b), 60.4204(a), and 60.4205(a), you must comply with the
                                          following emission standards]
----------------------------------------------------------------------------------------------------------------
                                                  Emission standards for stationary pre-2007 model year engines
                                                   with a displacement of < 10 liters per cylinder and 2007-2010
                                                 model year engines >2,237 KW (3,000 HP) and with a displacement
              Maximum engine power                       of < 10 liters per cylinder in g/KW-hr (g/HP-hr)
                                                ----------------------------------------------------------------
                                                  NMHC + NOX       HC          NOX           CO           PM
----------------------------------------------------------------------------------------------------------------
KW< 8 (HP< 11)...................................   10.5 (7.8)  ...........  ...........    8.0 (6.0)   1.0 (0.75)
8< =KW< 19 (11< =HP< 25)...........................    9.5 (7.1)  ...........  ...........    6.6 (4.9)  0.80 (0.60)
19< =KW< 37 (25< =HP< 50)..........................    9.5 (7.1)  ...........  ...........    5.5 (4.1)  0.80 (0.60)
37< =KW< 56 (50< =HP< 75)..........................  ...........  ...........    9.2 (6.9)  ...........  ...........
56< =KW< 75 (75< =HP< 100).........................  ...........  ...........    9.2 (6.9)  ...........  ...........
75< =KW< 130 (100< =HP< 175).......................  ...........  ...........    9.2 (6.9)  ...........  ...........
130< =KW< 225 (175< =HP< 300)......................  ...........    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
225< =KW< 450 (300< =HP< 600)......................  ...........    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
450< =KW< =560 (600< =HP< =750)....................  ...........    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
KW>560 (HP>750)................................  ...........    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
----------------------------------------------------------------------------------------------------------------

  Table 2 to Subpart IIII of Part 60.--Emission Standards for 2008 Model Year and Later Emergency Stationary CI
                        ICE < 37 KW (50 HP) With a Displacement of < 10 Liters per Cylinder
           [As stated in Sec.   60.4202(a)(1), you must comply with the following emission standards]
----------------------------------------------------------------------------------------------------------------
                                                               Emission standards for 2008 model year and later
                                                               emergency stationary CI ICE < 37 KW (50 HP) with a
                                                              displacement of < 10 liters per cylinder in g/KW-hr
                        Engine power                                               (g/HP-hr)
                                                             ---------------------------------------------------
                                                                 Model
                                                                year(s)     NOX + NMHC       CO           PM
----------------------------------------------------------------------------------------------------------------
KW< 8 (HP< 11)................................................        2008+    7.5 (5.6)    8.0 (6.0)  0.40 (0.30)
8< =KW< 19 (11< =HP< 25)........................................        2008+    7.5 (5.6)    6.6 (4.9)  0.40 (0.30)
19< =KW< 37 (25< =HP< 50).......................................        2008+    7.5 (5.6)    5.5 (4.1)  0.30 (0.22)
----------------------------------------------------------------------------------------------------------------

   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 new
                  Engine power                     stationary fire pump
                                                   engines according to
                                                    Sec.   60.4202(d)
------------------------------------------------------------------------
KW< 75 (HP< 100).................................                     2011
75< =KW< 130 (100< =HP< 175).......................                     2010
130< =KW< =560 (175< =HP< =750)....................                     2009
KW>560 (HP>750)................................                     2008
------------------------------------------------------------------------

            Table 4 to Subpart IIII of Part 60.--Emission Standards for Stationary Fire Pump Engines
 [As stated in Sec.  Sec.   60.4202(d) and 60.4205(c), you must comply with the following emission standards for
                                          stationary fire pump engines]
----------------------------------------------------------------------------------------------------------------
           Maximum engine power                     Model year(s)           NMHC + NOX       CO           PM
----------------------------------------------------------------------------------------------------------------
KW< 8 (HP< 11)..............................  2010 and earlier.............   10.5 (7.8)    8.0 (6.0)   1.0 (0.75)
                                            2011+........................    7.5 (5.6)  ...........  0.40 (0.30)
8< =KW< 19 (11< =HP< 25)......................  2010 and earlier.............    9.5 (7.1)    6.6 (4.9)  0.80 (0.60)
                                            2011+........................    7.5 (5.6)  ...........  0.40 (0.30)
19< =KW< 37 (25< =HP< 50).....................  2010 and earlier.............    9.5 (7.1)    5.5 (4.1)  0.80 (0.60)
                                            2011+........................    7.5 (5.6)  ...........  0.30 (0.22)
37< =KW< 56 (50< =HP< 75).....................  2010 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2011+ \1\....................    4.7 (3.5)  ...........  0.40 (0.30)
56< =KW< 75 (75< =HP< 100)....................  2010 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2011+ \1\....................    4.7 (3.5)  ...........  0.40 (0.30)
75< =KW< 130 (100< =HP< 175)..................  2009 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2010+ \2\....................    4.0 (3.0)  ...........  0.30 (0.22)
130< =KW< 225 (175< =HP< 300).................  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009+ \3\....................    4.0 (3.0)  ...........  0.20 (0.15)
225< =KW< 450 (300< =HP< 600).................  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009+ \3\....................    4.0 (3.0)  ...........  0.20 (0.15)
450< =KW< =560 (600< =HP< =750)...............  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009+........................    4.0 (3.0)  ...........  0.20 (0.15)
KW>560 (HP>750)...........................  2007 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2008+........................    6.4 (4.8)  ...........  0.20 (0.15)
----------------------------------------------------------------------------------------------------------------
\1\ For model years 2011-2013, manufacturers, owners and operators of fire pump stationary CI ICE in this engine
  power category with a rated speed of greater than 2,650 revolutions per minute (rpm) may comply with the
  emission limitations for 2010 model year engines.
\2\ For model years 2010-2012, manufacturers, owners and operators of fire pump stationary CI ICE in this engine
  power category with a rated speed of greater than 2,650 rpm may comply with the emission limitations for 2009
  model year engines.
\3\ In model years 2009-2011, manufacturers of fire pump stationary CI ICE in this engine power category with a
  rated speed of greater than 2,650 rpm may comply with the emission limitations for 2008 model year engines.

     Table 5 to Subpart IIII of Part 60.--Labeling and Recordkeeping
            Requirements for New Stationary Emergency Engines
[You must comply with the labeling requirements in Sec.   60.4210(f) and
  the recordkeeping requirements in Sec.   60.4214(b) for new emergency
       stationary CI ICE beginning in the following model years:]
------------------------------------------------------------------------
                  Engine power                     Starting model year
------------------------------------------------------------------------
19< =KW< 56 (25< =HP< 75)..........................                     2013
56< =KW< 130 (75< =HP< 175)........................                     2012
KW>=130 (HP>=175)..............................                     2011
------------------------------------------------------------------------

        Table 6 to Subpart IIII of Part 60.--Optional 3-Mode Test Cycle for Stationary Fire Pump Engines
[As stated in Sec.   60.4210(g), manufacturers of fire pump engines may use the following test cycle for testing
                                               fire pump engines:]
----------------------------------------------------------------------------------------------------------------
                                                                                Torque         Weighting
                   Mode No.                             Engine speed \1\           (percent) \2\      factors
----------------------------------------------------------------------------------------------------------------
1.............................................  Rated...........................             100            0.30
----------------------------------------------------------------------------------------------------------------
2.............................................  Rated...........................              75            0.50
----------------------------------------------------------------------------------------------------------------
3.............................................  Rated...........................              50            0.20
----------------------------------------------------------------------------------------------------------------
\1\ Engine speed: 2 percent of point.
\2\ Torque: NFPA certified nameplate HP for 100 percent point. All points should be 2 percent of
  engine percent load value.

      Table 7 to Subpart IIII of Part 60.--Requirements for Performance Tests for Stationary CI ICE With a
                                  Displacement of [gteqt]30 Liters per Cylinder
     [As stated in Sec.   60.4213, you must comply with the following requirements for performance tests for
                    stationary CI ICE with a displacement of [gteqt]30 liters per cylinder:]
----------------------------------------------------------------------------------------------------------------
                                                                                According to the
            For each              Complying with the       You must              Using             following
                                     requirement to                                              requirements
----------------------------------------------------------------------------------------------------------------
1. Stationary CI internal         a. Reduce NOX       i. Select the       (1) Method 1 or 1A  (a) Sampling sites
 combustion engine with a          emissions by 90     sampling port       of 40 CFR part      must be located
 displacement of [gteqt]30         percent or more.    location and the    60, appendix A.     at the inlet and
 liters per cylinder.                                  number of                               outlet of the
                                                       traverse points;                        control device.
                                                      ii. Measure O2 at   (2) Method 3, 3A,   (b) Measurements
                                                       the inlet and       or 3B of 40 CFR     to determine O2
                                                       outlet of the       part 60, appendix   concentration
                                                       control device;     A.                  must be made at
                                                                                the same time as
                                                                                the measurements
                                                                                for NOX
                                                                                concentration.
                                                      iii. If necessary,  (3) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content at the      appendix A,         moisture content
                                                       inlet and outlet    Method 320 of 40    must be made at
                                                       of the control      CFR part 63,        the same time as
                                                       device; and,        appendix A, or      the measurements
                                                                           ASTM D 6348-03      for NOX
                                                                           (incorporated by    concentration.
                                                                           reference, see
                                                                           Sec.   60.17).
                                                      iv. Measure NOX at  (4) Method 7E of    (d) NOX
                                                       the inlet and       40 CFR part 60,     concentration
                                                       outlet of the       appendix A,         must be at 15
                                                       control device.     Method 320 of 40    percent O2, dry
                                                                           CFR part 63,        basis. Results of
                                                                           appendix A, or      this test consist
                                                                           ASTM D 6348-03      of the average of
                                                                           (incorporated by    the three 1-hour
                                                                           reference, see      or longer runs.
                                                                           Sec.   60.17).
                                  b. Limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   NOX in the          location and the    60, Appendix A.     the sampling site
                                   stationary CI       number of                               must be located
                                   internal            traverse points;                        at the outlet of
                                   combustion engine                                           the control
                                   exhaust.                                                    device.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B of 40 CFR     to determine O2
                                                       of the stationary   part 60, appendix   concentration
                                                       internal            A.                  must be made at
                                                       combustion engine                       the same time as
                                                       exhaust at the                          the measurement
                                                       sampling port                           for NOX
                                                       location; and,                          concentration.
                                                      iii. If necessary,  (3) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A,         moisture content
                                                       stationary          Method 320 of 40    must be made at
                                                       internal            CFR part 63,        the same time as
                                                       combustion engine   appendix A, or      the measurement
                                                       exhaust at the      ASTM D 6348-03      for NOX
                                                       sampling port       (incorporated by    concentration.
                                                       location; and,      reference, see
                                                                           Sec.   60.17).
                                                      iv. Measure NOX at  (4) Method 7E of    (d) NOX
                                                       the exhaust of      40 CFR part 60,     concentration
                                                       the stationary      appendix A,         must be at 15
                                                       internal            Method 320 of 40    percent O2, dry
                                                       combustion engine.  CFR part 63,        basis. Results of
                                                                           appendix A, or      this test consist
                                                                           ASTM D 6348-03      of the average of
                                                                           (incorporated by    the three 1-hour
                                                                           reference, see      or longer runs.
                                                                           Sec.   60.17).
                                  c. Reduce PM        i. Select the       (1) Method 1 or 1A  (a) Sampling sites
                                   emissions by 60     sampling port       of 40 CFR part      must be located
                                   percent or more.    location and the    60, appendix A.     at the inlet and
                                                       number of                               outlet of the
                                                       traverse points;                        control device.

                                                      ii. Measure O2 at   (2) Method 3, 3A,   (b) Measurements
                                                       the inlet and       or 3B of 40 CFR     to determine O2
                                                       outlet of the       part 60, appendix   concentration
                                                       control device;     A.                  must be made at
                                                                                the same time as
                                                                                the measurements
                                                                                for PM
                                                                                concentration.
                                                      iii. If necessary,  (3) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine and
                                                       content at the      appendix A.         moisture content
                                                       inlet and outlet                        must be made at
                                                       of the control                          the same time as
                                                       device; and                             the measurements
                                                                                for PM
                                                                                concentration.
                                                      iv. Measure PM at   (4) Method 5 of 40  (d) PM
                                                       the inlet and       CFR part 60,        concentration
                                                       outlet of the       appendix A.         must be at 15
                                                       control device.                         percent O2, dry
                                                                                basis. Results of
                                                                                this test consist
                                                                                of the average of
                                                                                the three 1-hour
                                                                                or longer runs.
                                  d. Limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   PM in the           location and the    60, Appendix A.     the sampling site
                                   stationary CI       number of                               must be located
                                   internal            traverse points;                        at the outlet of
                                   combustion engine                                           the control
                                   exhaust.                                                    device.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B of 40 CFR     to determine O2
                                                       of the stationary   part 60, appendix   concentration
                                                       internal            A.                  must be made at
                                                       combustion engine                       the same time as
                                                       exhaust at the                          the measurements
                                                       sampling port                           for PM
                                                       location; and                           concentration.
                                                      iii. If necessary,  (3) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A.         moisture content
                                                       stationary                              must be made at
                                                       internal                                the same time as
                                                       combustion engine                       the measurements
                                                       exhaust at the                          for PM
                                                       sampling port                           concentration.
                                                       location; and
                                                      iv. Measure PM at   (4) Method 5 of 40  (d) PM
                                                       the exhaust of      CFR part 60,        concentration
                                                       the stationary      appendix A.         must be at 15
                                                       internal                                percent O2, dry
                                                       combustion engine.                      basis. Results of
                                                                                this test consist
                                                                                of the average of
                                                                                the three 1-hour
                                                                                or longer runs.
----------------------------------------------------------------------------------------------------------------

            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            Yes..................  Except that Sec.   60.7
                                     Recordkeeping.                                     only applies as
                                                                                specified in Sec.
                                                                                60.4214(a).
Sec.   60.8.......................  Performance tests.........  Yes..................  Except that Sec.   60.8
                                                                                only applies to
                                                                                stationary CI ICE with a
                                                                                displacement of (>=30
                                                                                liters per cylinder and
                                                                                engines that are not
                                                                                certified.
Sec.   60.9.......................  Availability of             Yes..................
                                     information.
Sec.   60.10......................  State Authority...........  Yes..................
Sec.   60.11......................  Compliance with standards   No...................  Requirements are
                                     and maintenance                                    specified in subpart
                                     requirements.                                      IIII.
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......................  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.
----------------------------------------------------------------------------------------------------------------

PART 85--[AMENDED]

0
4. The authority citation for part 85 continues to read as follows:

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

0
5. Section 85.2401 is amended by revising paragraphs (a)(6), (a)(11),
and (a)(12) and adding paragraph (a)(13) to read as follows:

Sec.  85.2401  To whom do these requirements apply?

    (a) * * *
    (6) Nonroad compression-ignition engines (See 40 CFR parts 89 and
1039);
* * * * *
    (11) Heavy-duty highway gasoline vehicles (evaporative emissions
certification only) (See 40 CFR part 86);
    (12) Large nonroad spark-ignition engines (engines >19 KW) (See 40
CFR part 1048); and
    (13) Stationary internal combustion engines (See 40 CFR part 60,
subpart IIII).
* * * * *

0
6. Section 85.2403 is amended by revising the definition for ``Federal
certificate'' in paragraph (a), revising paragraphs (b)(8) and (b)(9),
and adding paragraphs (b)(10) and (b)(11) to read as follows:

Sec.  85.2403  What definitions apply to this subpart?

    (a) * * *
* * * * *
    Federal certificate is a Certificate of Conformity issued by EPA
which signifies compliance with emission requirements in any of the
parts specified in paragraph (b) of this section.
* * * * *
    (b) * * *
    (8) 40 CFR part 1039;
    (9) 40 CFR part 1048;
    (10) 40 CFR part 1051; and
    (11) 40 CFR part 60, subpart IIII.

0
7. Section 85.2405 is amended by adding paragraph (e) to read as
follows:

Sec.  85.2405  How much are the fees?

* * * * *
    (e) Fees for stationary CI internal combustion engine certificate
requests shall be calculated in the same manner as for NR CI
certificate requests for engines with a displacement less than 10
liters per cylinder, and in the same manner as for marine engine
certificate requests for engines with a displacement greater than or
equal to 10 liters per cylinder. Fees for certificate requests where
the certificate would apply to stationary and mobile engines shall be
calculated in the same manner as fees for the certificate requests for
the applicable mobile source engines.

PART 89--[AMENDED]

0
8. The authority citation for part 89 continues to read as follows:

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

0
9. Section 89.1 is amended by adding paragraph (d) to read as follows:

Sec.  89.1  Applicability.

* * * * *
    (d) This part applies as specified in 40 CFR part 60 subpart IIII,
to compression-ignition engines subject to the standards of 40 CFR part
60, subpart IIII.

0
10. Section 89.115 is amended by adding paragraph (d)(11) to read as
follows:

Sec.  89.115  Application for certificate.

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

0
11. Section 89.201 is revised to read as follows:

Sec.  89.201  Applicability.

    Nonroad compression-ignition engines subject to the provisions of
subpart A of this part are eligible to participate in the averaging,
banking, and trading program described in this subpart. To the extent
specified in 40 CFR part 60, subpart IIII, stationary engines certified
under this part and subject to the standards of 40 CFR part 60, subpart
IIII, may participate in the averaging, banking, and trading program
described in this subpart.

PART 94--[AMENDED]

0
12. The authority citation for part 94 continues to read as follows:

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

0
13. Section 94.1 is amended by adding paragraph (d) to read as follows:

Sec.  94.1  Applicability.

* * * * *
    (d) This part applies as specified in 40 CFR part 60, subpart IIII,
to compression-ignition engines subject to the standards of 40 CFR part
60, subpart IIII.

0
14. Section 94.301 is revised to read as follows:

Sec.  94.301  Applicability.

    Marine engine families subject to the standards of subpart A of
this part are eligible to participate in the certification averaging,
banking, and trading program described in this subpart. The provisions
of this subpart apply to manufacturers of new engines that are subject
to the emission standards of Sec.  94.8. To the extent specified in 40
CFR part 60, subpart IIII, stationary engines certified under this part
and subject to the standards of 40 CFR part 60, subpart IIII, may
participate in the averaging, banking, and trading program described in
this subpart.

PART 1039--[AMENDED]

0
15. The authority citation for part 1039 continues to read as follows:

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

0
16. Section 1039.1 is amended by revising paragraph (c) to read as
follows:

Sec.  1039.1  Does this part apply for my engines?

* * * * *
    (c) The definition of nonroad engine in 40 CFR 1068.30 excludes
certain engines used in stationary applications. These engines may be
required by subpart IIII of 40 CFR part 60 to comply with some of the
provisions of this part 1039; otherwise, these engines are only
required to comply with the requirements in Sec.  1039.20. In addition,
the prohibitions in 40 CFR 1068.101 restrict the use of stationary
engines for nonstationary purposes unless they are certified under this
part 1039, or under the provisions of 40 CFR part 89 or 40 CFR part 94,
to the same standards that would apply to nonroad engines for the same
model year.
* * * * *

0
17. Section 1039.20 is amended by revising paragraphs (a) and (b) and
adding paragraph (c) to read as follows:

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

* * * * *
    (a) You must add a permanent label or tag to each new engine you
produce or import that is excluded under Sec.  1039.1(c) as a
stationary engine and is not required by 40 CFR part 60, subpart IIII,
to meet the requirements of this part 1039, or the requirements of
parts 89 or 94, that are equivalent to the requirements applicable to
nonroad or marine engines for the same model year. To meet labeling
requirements, you must do the following things:
    (1) Attach the label or tag in one piece so no one can remove it
without destroying or defacing it.
    (2) Secure it to a part of the engine needed for normal operation
and not normally requiring replacement.
    (3) Make sure it is durable and readable for the engine's entire
life.
    (4) Write it in English.
    (5) Follow the requirements in Sec.  1039.135(g) regarding
duplicate labels if the engine label is obscured in the final
installation.
    (b) Engine labels or tags required under this section must have the
following information:
    (1) Include the heading ``EMISSION CONTROL INFORMATION.''
    (2) Include your full corporate name and trademark. You may instead
include the fill corporate name and trademark of another company you
choose to designate.
    (3) State the engine displacement (in liters) and maximum engine
power (or in the case of fire pumps, NFPA nameplate engine power).
    (4) State: ``THIS ENGINE IS EXEMPTED FROM THE REQUIREMENTS OF 40
CFR PARTS 89 AND 1039 AS A ``STATIONARY ENGINE.'' INSTALLING OR USING
THIS ENGINE IN ANY OTHER APPLICATION MAY BE A VIOLATION OF FEDERAL LAW
SUBJECT TO CIVIL PENALTY.''
    (c) Stationary engines required by 40 CFR part 60, subpart IIII, to
meet the requirements of this part 1039, or parts 89 or 94, must meet
the labeling requirements of 40 CFR 60.4210.

0
18. Section 1039.205 is amended by revising paragraph (v) to read as
follows:

Sec.  1039.205  What must I include in my application?

* * * * *
    (v) State whether your certification is intended to include engines
used in stationary applications. State whether your certification is
limited for certain engines. If this is the case, describe how you will
prevent use of these engines in applications for which they are not
certified. This applies for engines such as the following:
    (1) Constant-speed engines.
    (2) Engines used for transportation refrigeration units that you
certify under the provisions of Sec.  1039.645.
    (3) Hand-startable engines certified under the provisions of Sec.
1039.101(c).
    (4) Engines above 560 KW that are not certified to emission
standards for generator-set engines.
* * * * *

0
19. Section 1039.705 is amended by revising paragraph (c) to read as
follows:

Sec.  1039.705  How do I generate and calculate emission credits?

* * * * *
    (c) In your application for certification, base your showing of
compliance on projected production volumes for engines whose point of
first retail sale is in the United States. As described in Sec.
1039.730, compliance with the requirements of this subpart is
determined at the end of the model year based on actual production
volumes for engines whose point of first retail sale is in the United
States. Do not include any of the following engines to calculate
emission credits:
    (1) Engines exempted under subpart G of this part or under 40 CFR
part 1068.
    (2) Exported engines.
    (3) Engines not subject to the requirements of this part, such as
those excluded under Sec.  1039.5.
    (4) Engines in families that include only stationary engines,
except for engines in families certified to standards that are
identical to standards applicable under this part 1039 to nonroad
engines of the same type for the same model year.
    (5) Any other engines, where we indicate elsewhere in this part
1039 that they are not to be included in the calculations of this
subpart.

PART 1065--[AMENDED]

0
20. The authority citation for part 1065 continues to read as follows:

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

0
21. Section 1065.1 is amended by adding paragraph (a)(5) to read as
follows:

Sec.  1065.1  Applicability.

    (a) * * *
    (5) Stationary compression-ignition engines certified using the
provisions of 40 CFR part 1039, as indicated under 40 CFR part 60,
subpart IIII, the standard-setting part for these engines.
* * * * *

PART 1068--[AMENDED]

0
22. The authority citation for part 1068 continues to read as follows:

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

0
23. Section 1068.1 is amended by adding paragraph (a)(4) to read as
follows:

Sec.  1068.1  Does this part apply to me?

    (a) * * *
    (4) Stationary compression-ignition engines certified to the
provisions of 40 CFR part 1039, as indicated under 40 CFR part 60,
subpart IIII.
* * * * *
0
24. Section 1068.310 is amended by revising paragraph (b) to read as
follows:

Sec.  1068.310  What are the exclusions for imported engines?

* * * * *
    (b) Stationary engines. The definition of nonroad engine in 40 CFR
1068.30 does not include certain engines used in stationary
applications. Such engines may be subject to the standards of 40 CFR
part 60. Engines that are excluded from the definition of nonroad
engine in this part and not required to be certified to standards under
40 CFR part 60 are not subject to the restrictions on imports in Sec.
1068.301(b), but only if they are properly labeled. Section 1068.101
restricts the use of stationary engines for non-stationary purposes
unless they are certified under 40 CFR Part 60 to the same standards
that would apply to nonroad engines for the same model year.
* * * * *
[FR Doc. 06-5968 Filed 7-10-06; 8:45 am]

BILLING CODE 6560-50-P