with a maximum engine power less than 500 HP manufactured on July 1,
2008. Engines with a maximum engine power greater than or equal to 500
HP (except lean burn engines greater than or equal to 500 HP and less
than 1,350 HP) and a date of manufacture prior to July 1, 2007 must
comply with the emission standards specified in paragraph (e) of this
section for stationary landfill/digester gas ICE with a maximum engine
power greater than or equal to 500 HP (except lean burn engines greater
than or equal to 500 HP and less than 1,350 HP) manufactured on July 1,
2007. Lean burn engines greater than or equal to 500 HP and less than
1,350 HP with a date of manufacture prior to January 1, 2008 must
comply with the emission standards specified in paragraph (e) of this
section for stationary landfill/digester gas ICE that are lean burn
engines greater than or equal to 500 HP and less than 1,350 HP and
manufactured on January 1, 2008.
* * * * *
    24. Section 60.4241 is amended by revising the first sentence in
paragraph (b) to read as follows:

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

* * * * *
    (b) Manufacturers of engines other than those certified to
standards in 40 CFR part 90 or 40 CFR part 1054 must certify their
stationary SI ICE using the certification procedures required in 40 CFR
part 1048, subpart C, and must follow the same test procedures that
apply to large SI nonroad engines under 40 CFR part 1048, but must use
the D-1 cycle of International Organization of Standardization 8178-4:
1996(E) (incorporated by reference, see 40 CFR 60.17) or the test cycle
requirements specified in Table 3 to 40 CFR 1048.505, except that Table
3 of 40 CFR 1048.505 applies to high load engines only. * * *
* * * * *
    25. Section 60.4243 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (a)(1);
    c. Revising paragraph (d); and
    d. Adding paragraph (i) to read as follows:

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

    (a) If you are an owner or operator of a stationary SI internal
combustion engine that is manufactured after July 1, 2008, and must
comply with the emission standards specified in Sec.  60.4233(a)
through (c), you must comply by purchasing an engine certified to the
emission standards in Sec.  60.4231(a) through (c), as applicable, for
the same engine class and maximum engine power. In addition, you must
meet one of the requirements specified in (a)(1) and (2) of this
section.
    (1) If you operate and maintain the certified stationary SI
internal combustion engine and control device according to the
manufacturer's emission-related written instructions, you must keep
records of conducted maintenance to demonstrate compliance, but no
performance testing is required if you are an owner or operator. You
must also meet the requirements as specified in 40 CFR part 1068,
subparts A through D, as they apply to you. If you adjust engine
settings according to and consistent with the manufacturer's
instructions, your stationary SI internal combustion engine will not be
considered out of compliance.
* * * * *
    (d) If you own or operate an emergency stationary ICE, you must

operate the engine according to the conditions described in paragraphs
(d)(1) through (4) of this section.
    (1) For owners and operators of emergency ICE, any operation other
than emergency operation, maintenance and testing, and operation in
non-emergency situations for 50 hours per year, as permitted in this
section, is prohibited.
    (2) There is no time limit on the use of emergency stationary ICE
in emergency situations.
    (3) You may operate your emergency stationary ICE for the purpose
of maintenance checks and readiness testing, provided that the tests
are recommended by Federal, State or local government, the
manufacturer, the vendor, or the insurance company associated with the
engine. Maintenance checks and readiness testing of such units is
limited to 100 hours per year. The owner or operator may petition the
Administrator for approval of additional hours to be used for
maintenance checks and readiness testing, but a petition is not
required if the owner or operator maintains records indicating that
Federal, State, or local standards require maintenance and testing of
emergency ICE beyond 100 hours per year.
    (4) You may operate your emergency stationary ICE up to 50 hours
per year in non-emergency situations, but those 50 hours are counted
towards the 100 hours per year provided for maintenance and testing.
The 50 hours per year for non-emergency situations cannot be used for
peak shaving or to generate income for a facility to supply power to an
electric grid or otherwise supply power as part of a financial
arrangement with another entity; except that owners and operators may
operate the emergency engine for a maximum of 15 hours per year as part
of a demand response program if the regional transmission organization
or equivalent balancing authority and transmission operator has
determined there are emergency conditions that could lead to a
potential electrical blackout, such as unusually low frequency,
equipment overload, capacity or energy deficiency, or unacceptable
voltage level. The engine may not be operated for more than 30 minutes
prior to the time when the emergency condition is expected to occur,
and the engine operation must be terminated immediately after the
facility is notified that the emergency condition is no longer
imminent. The 15 hours per year of demand response operation are
counted as part of the 50 hours of operation per year provided for non-
emergency situations. The supply of emergency power to another entity
or entities pursuant to financial arrangement is not limited by this
paragraph (d)(4), as long as the power provided by the financial
arrangement is limited to emergency power.
* * * * *
    (i) If you are an owner or operator of a modified or reconstructed
stationary SI internal combustion engine and must comply with the
emission standards specified in Sec.  60.4233(f), you must demonstrate
compliance according to one of the methods specified in paragraphs
(i)(1) or (2) of this section.
    (1) Purchasing, or otherwise owning or operating, an engine
certified to the emission standards in Sec.  60.4233(f), as applicable.
    (2) Conducting a performance test to demonstrate initial compliance
with the emission standards according to the requirements specified in
Sec.  60.4244. The test must be conducted within 60 days after the
engine commences operation after the modification or reconstruction.
    26. Section 60.4248 is amended by:
    a. Revising the definition of ``Certified emissions life'';
    b. Adding a definition for ``Date of manufacture'' in alphabetical
order;
    c. Revising the definition of ``Emergency stationary internal
combustion engine'';
    d. Adding a definition for ``Freshly manufactured engine'' in
alphabetical order;
    e. Adding a definition for ``Installed'' in alphabetical order;
    f. Revising the definition of ``Model year'';
    g. Adding a definition of ``Reconstruct'' in alphabetical order;
    h. Revising the definition of ``Stationary internal combustion
engine''; and
    i. Revising the definition of ``Stationary internal combustion
engine test cell/stand'' to read as follows:

Sec.  60.4248  What definitions apply to this subpart?

* * * * *
    Certified emissions life means the period during which the engine
is designed to properly function in terms of reliability and fuel
consumption, without being remanufactured, specified as a number of
hours of operation or calendar years, whichever comes first. The values
for certified emissions life for stationary SI ICE with a maximum
engine power less than or equal to 19 KW (25 HP) are given in 40 CFR
90.105, 40 CFR 1054.107, and 40 CFR 1060.101, as appropriate. The
values for certified emissions life for stationary SI ICE with a
maximum engine power greater than 19 KW (25 HP) certified to 40 CFR
part 1048 are given in 40 CFR 1048.101(g). The certified emissions life
for stationary SI ICE with a maximum engine power greater than 75 KW
(100 HP) certified under the voluntary manufacturer certification
program of this subpart is 5,000 hours or 7 years, whichever comes
first. You may request in your application for certification that we
approve a shorter certified emissions life for an engine family. We may
approve a shorter certified emissions life, in hours of engine
operation but not in years, if we determine that these engines will
rarely operate longer than the shorter certified emissions life. If
engines identical to those in the engine family have already been
produced and are in use, your demonstration must include documentation
from such in-use engines. In other cases, your demonstration must
include an engineering analysis of information equivalent to such in-
use data, such as data from research engines or similar engine models
that are already in production. Your demonstration must also include
any overhaul interval that you recommend, any mechanical warranty that
you offer for the engine or its components, and any relevant customer
design specifications. Your demonstration may include any other
relevant information. The certified emissions life value may not be
shorter than any of the following:
    (1) 1,000 hours of operation.
    (2) Your recommended overhaul interval.
    (3) Your mechanical warranty for the engine.
* * * * *
    Date of manufacture means one of the following things:
    (1) For freshly manufactured engines and modified engines, date of
manufacture means the date the engine is originally produced.
    (2) For reconstructed engines, date of manufacture means the date
the engine was originally produced, except as specified in paragraph
(3) of this definition.
    (3) Reconstructed engines are assigned a new date of manufacture if
the crankshaft is removed as part of the reconstruction or if the fixed
capital cost of the new and refurbished components exceeds 75 percent
of the fixed capital cost of a comparable new engine (see the
definition of ``reconstruct''). An engine that is produced from a
previously used engine block does not retain the date of manufacture of
the engine in which the engine block was previously used if the engine
serial number was removed (or the engine otherwise loses its identity),
or the engine is produced using all new components except for the
engine block.

In all these cases, the date of manufacture is the date of
reconstruction or the date the new engine is produced.
* * * * *
    Emergency stationary internal combustion engine means any
stationary internal combustion engine whose operation is limited to
emergency situations and required testing and maintenance. Examples
include stationary ICE used to produce power for critical networks or
equipment (including power supplied to portions of a facility) when
electric power from the local utility (or the normal power source, if
the facility runs on its own power production) is interrupted, or
stationary ICE used to pump water in the case of fire or flood, etc.
Stationary SI ICE used for peak shaving are not considered emergency
stationary ICE. Stationary SI ICE used to supply power to an electric
grid or that supply non-emergency power as part of a financial
arrangement with another entity are not considered to be emergency
engines, except as permitted under Sec.  60.4243(d).
* * * * *
    Freshly manufactured engine means an engine that has not been
placed into service. An engine becomes freshly manufactured when it is
originally produced. Note that this includes an engine that is produced
using some previously used parts if it does not retain its original
identity.
* * * * *
    Installed means the engine is placed and secured at the location
where it is intended to be operated; piping and wiring for exhaust,
fuel, controls, etc., is installed and all connections are made; and
the engine is capable of being started.
* * * * *
    Model year means the calendar year in which an engine is
manufactured (see ``date of manufacture''), except as follows:
    (1) Model year means the annual new model production period of the
engine manufacturer in which an engine is manufactured (see ``date of
manufacture''), if the annual new model production period is different
than the calendar year and includes January 1 of the calendar year for
which the model year is named. It may not begin before January 2 of the
previous calendar year and it must end by December 31 of the named
calendar year.
    (2) For an engine that is converted to a stationary engine after
being placed into service as a nonroad or other non-stationary engine,
model year means the calendar year or new model production period in
which the engine was manufactured (see ``date of manufacture'').
* * * * *
    Reconstruct means to replace or refurbish components of an existing
engine to such an extent that the fixed capital cost of the new and
refurbished components exceeds 50 percent of the fixed capital cost of
a comparable new engine. The fixed capital cost of the new and
refurbished components includes the capital cost of each component plus
the labor cost for the replacement or refurbishment. For purposes of
reconstruction, an existing stationary engine is defined as including
those components mounted to or within the cylinder block, the engine
housings, and engine mounted components, but excluding ancillary
components such as external cooling for fuel supply.
* * * * *
    Stationary internal combustion engine means any internal combustion
engine, except combustion turbines, that converts heat energy into
mechanical work and is not mobile. Stationary ICE differ from mobile
ICE in that a stationary internal combustion engine is not a nonroad
engine as defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of
that definition), and is not used to propel a motor vehicle, aircraft,
or a vehicle used solely for competition. Stationary ICE include
reciprocating ICE, rotary ICE, and other ICE, except combustion
turbines.
    Stationary internal combustion engine test cell/stand means an
engine test cell/stand, as defined in 40 CFR part 63 subpart PPPPP,
that tests stationary ICE.
* * * * *
    27. Table 2 to Subpart JJJJ of Part 60 is revised to read as
follows:

                     Table 2 to Subpart JJJJ of Part 60--Requirements for Performance Tests
  [As stated in Sec.   60.4244, you must comply with the following requirements for performance tests within 10
                         percent of 100 percent peak (or the highest achievable) load:]
----------------------------------------------------------------------------------------------------------------
                                                                                According to the
            For each             Complying with the        You must              Using             following
                                    requirement to                                               requirements
----------------------------------------------------------------------------------------------------------------
1. Stationary SI internal        a. Limit the        i. Select the        (1) Method 1 or 1A  (a) If using a
 combustion engine                concentration of    sampling port        of 40 CFR part      control device,
 demonstrating compliance         NOX in the          location and the     60, Appendix A or   the sampling site
 according to Sec.   60.4244.     stationary SI       number of traverse   ASTM Method D6522-  must be located
                                  internal            points;              00(2005) \a\.       at the outlet of
                                  combustion engine  ii. Determine the    (2) Method 3, 3A,    the control
                                  exhaust.            O2 concentration     or 3B \b\ of 40     device.
                                                      of the stationary    CFR part 60,       (b) Measurements
                                                      internal             appendix A or       to determine O2
                                                      combustion engine    ASTM Method D6522-  concentration
                                                      exhaust at the       00(2005) \a\.       must be made at
                                                      sampling port                            the same time as
                                                      location;                                the measurements
                                                                                for NOX
                                                                                concentration.
                                                     iii. Determine the   (3) Method 2 or 19  ..................
                                                      exhaust flowrate     of 40 CFR part 60.
                                                      of the stationary
                                                      internal
                                                      combustion engine
                                                      exhaust;
                                                     iv. If necessary,    (4) Method 4 of 40  (c) Measurements
                                                      measure moisture     CFR part 60,        to determine
                                                      content of the       appendix A,         moisture must be
                                                      stationary           Method 320 of 40    made at the same
                                                      internal             CFR part 63,        time as the
                                                      combustion engine    appendix A, or      measurement for
                                                      exhaust at the       ASTM D 6348-03      NOX
                                                      sampling port        (incorporated by    concentration.
                                                      location; and        reference, see
                                                                           Sec.   60.17).

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

                                                     v. Measure VOC at    (5) Methods 25A     (d) Results of
                                                      the exhaust of the   and 18 of 40 CFR    this test consist
                                                      stationary           part 60, appendix   of the average of
                                                      internal             A, Method 25A       the three 1-hour
                                                      combustion engine    with the use of a   or longer runs.
                                                                           methane cutter as
                                                                           described in 40
                                                                           CFR 1065.265,
                                                                           Method 18 or 40
                                                                           CFR part 60,
                                                                           appendix A c d,
                                                                           Method 320 of 40
                                                                           CFR part 63,
                                                                           appendix A, or
                                                                           ASTM D 6348-03
                                                                           (incorporated by
                                                                           reference, see
                                                                           Sec.   60.17).
----------------------------------------------------------------------------------------------------------------

    28. Table 3 to Subpart JJJJ of Part 60 is revised to read as
follows:

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

PART 1039 --[AMENDED]

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

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

    30. Section 1039.20 is amended by revising paragraph (a)
introductory text and paragraph (c) to read as follows:

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, 94 or 1042, that are equivalent to the requirements
applicable to marine or land-based nonroad engines for the same model
year. To meet labeling requirements, you must do the following things:
* * * * *
    (c) Stationary engines required by 40 CFR part 60, subpart IIII, to
meet the requirements of this part 1039, or part

89, 94 or 1042, must meet the labeling requirements of 40 CFR 60.4210.

PART 1042 --[AMENDED]

    31. The authority citation for part 1042 continues to read as
follows:

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

    32. Section 1042.1 is amended by adding paragraph (h) to read as
follows:

Sec.  1042.1  Applicability

* * * * *
    (h) Starting with the model years noted in Table 1 of this section,
all of the subparts of this part, except subpart I, apply as specified
in 40 CFR part 60, subpart IIII, to freshly manufactured stationary
compression-ignition engines subject to the standards of 40 CFR part
60, subpart IIII, that have a per-cylinder displacement at or above 10
liters and below 30 liters per cylinder. Such engines are considered
Category 2 engines for purposes of this part 1042.

PART 1065--[AMENDED]

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

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

    34. Section 1065.1 is amended by revising paragraphs (a)(3) and
(a)(4) to read as follows:

Sec.  1065.1  Applicability

    (a) * * *
    (3) Nonroad diesel engines we regulate under 40 CFR part 1039 and
stationary compression-ignition engines that are certified to the
standards in 40 CFR part 1039, as specified in 40 CFR part 60, subpart
IIII. For earlier model years, manufacturers may use the test
procedures in this part or those specified in 40 CFR part 89 according
to Sec.  1065.10.
    (4) Marine diesel engines we regulate under 40 CFR part 1042 and
stationary compression-ignition engines that are certified to the
standards in 40 CFR part 1042, as specified in 40 CFR part 60, subpart
IIII. For earlier model years, manufacturers may use the test
procedures in this part or those specified in 40 CFR part 94 according
to Sec.  1065.10.
* * * * *

PART 1068--[AMENDED]

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

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

    36. Section 1068.1 is amended by revising paragraph (a)(3) to read
as follows:

Sec.  1068.1  Does this part apply to me?

    (a) * * *
    (3) Stationary compression-ignition engines certified using the
provisions of 40 CFR parts 1039 or 1042, as indicated in 40 CFR part
60, subpart IIII.
* * * * *
[FR Doc. 2010-12911 Filed 6-7-10; 8:45 am]
BILLING CODE 6560-50-P