[Federal Register: June 28, 2011 (Volume 76, Number 124)]
[Rules and Regulations]
[Page 37953-37978]
[DOCID:fr28jn11-24]

Vol. 76

Tuesday,

No. 124

June 28, 2011

Part III

Environmental Protection Agency

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40 CFR Parts 60, 1039, 1042 et al.

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

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ENVIRONMENTAL PROTECTION AGENCY

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

[EPA-HQ-OAR-2010-0295, FRL-9319-5]
RIN 2060-AP67

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

AGENCY: The Environmental Protection Agency (EPA).

ACTION: Final rule.

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

DATES: This final rule is effective on August 29, 2011.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2010-0295. The EPA also relies on materials in
Docket ID Nos. EPA-HQ-OAR-2005-0029 and EPA-HQ-OAR-2003-0190, and
incorporates those dockets into the record for this final rule. All
documents in the docket are listed on the http://www.regulations.gov
Web site. Although listed in the index, some information is not
publicly available, e.g., Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at EPA Headquarters
Library, Room Number 3334, EPA West Building, 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through
Friday. The telephone number for the Public Reading Room is (202) 566-
1744, and the telephone number for the Air and Radiation Docket and
Information Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ms. Melanie King, Energy Strategies
Group, Sector Policies and Programs Division (D243-01), Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone number<PHONE_NUMBER>; facsimile number<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Background Information Document. On June 8,
2010 (75 FR 32612), the EPA proposed amendments to the standards of
performance for stationary compression ignition and spark ignition
engines. A summary of the public comments on the proposal and the EPA's
responses to the comments, as well as the Economic Impact and Small
Business Analysis Report, are available in Docket ID No. EPA-HQ-OAR-
2010-0295.
    Organization of This Document. The following outline is provided to
aid in locating information in the preamble.

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document?
    C. Judicial Review
II. Background
III. Summary of the Final Amendments
    A. Standards for New Engines With Displacement Greater Than or
Equal to 10 l/cyl and Less Than 30 l/cyl
    B. Standards for Engines With Displacement Greater Than or Equal
to 30 l/cyl
    C. Compliance Requirements for Owners and Operators
    D. Temporary Replacement Engines
    E. Requirements for Engines Located in Remote Areas of Alaska
    F. Reconstruction
    G. Minor Corrections and Revisions
IV. Summary of Significant Changes Since Proposal
    A. Definitions
    B. Emission Standards and Fuel Requirements
    C. Requirements for Emergency Engines
    D. Other
V. Summary of Responses to Major Comments
    A. Fuel Requirements for Engines With a Displacement Greater
Than or Equal to 30 Liters/Cylinder
    B. Operating and Maintenance Requirements
    C. Engines Located in Remote Alaska
    D. Emission Standards for Marine Engines
    E. Test Methods
    F. Definitions
VI. Summary of Environmental, Energy and Economic Impacts
    A. What are the air quality impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the non-air health, environmental and energy
impacts?
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. General Information

A. Does this action apply to me?

    Regulated Entities. Categories and entities potentially regulated
by this action include:

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                                                     NAICS
                     Category                         \1\               Examples of regulated entities
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Any manufacturer that produces or any industry         2211  Electric power generation, transmission, or
 using a stationary internal combustion engine as             distribution.
 defined in the final rule.
                                                     622110  Medical and surgical hospitals.
                                                     335312  Motor and generator manufacturing.
                                                      33391  Pump and compressor manufacturing.
                                                     333992  Welding and soldering equipment manufacturing.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.

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

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

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

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of this final rule is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit by
August 29, 2011. Under section 307(d)(7)(B) of the CAA, only an
objection to this final rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Moreover, under section 307(b)(2) of the CAA, the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by the EPA to
enforce these requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an
objection to a rule or procedure which was raised with reasonable
specificity during the period for public comment (including any public
hearing) may be raised during judicial review.'' This section also
provides a mechanism for the EPA to convene a proceeding for
reconsideration, ``[i]f the person raising an objection can demonstrate
to the EPA that it was impracticable to raise such objection within
[the period for public comment] or if the grounds for such objection
arose after the period for public comment (but within the time
specified for judicial review) and if such objection is of central
relevance to the outcome of the rule.'' Any person seeking to make such
a demonstration to us should submit a Petition for Reconsideration to
the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a
copy to both the person(s) listed in the preceding FOR FURTHER
INFORMATION CONTACT section, and the Associate General Counsel for the
Air and Radiation Law Office, Office of General Counsel (Mail Code
2344A), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

II. Background

    This action promulgates revisions to the new source performance
standards (NSPS) for new compression ignition (CI) stationary internal
combustion engines (ICE). The NSPS were originally promulgated on July
11, 2006 (71 FR 39153). New source performance standards implement
section 111(b) of the CAA, and are issued for categories of sources
which cause, or contribute significantly to, air pollution which may
reasonably be anticipated to endanger public health or welfare. The
standards apply to new stationary sources of emissions, i.e., sources
whose construction, reconstruction, or modification begins after a
standard for those sources is proposed.
    For the first time, the NSPS put Federal restrictions on emissions
of particulate matter (PM), oxides of nitrogen (NOX), non-
methane hydrocarbons (NMHC) and carbon monoxide (CO) from new
stationary CI engines. The NSPS also restricted the level of sulfur
permitted in diesel fuel used in new stationary CI engines. The levels
in the NSPS were generally based on standards promulgated in previous
rules for similar nonroad (i.e., mobile off-highway) engines. For
larger engines with displacement greater than or equal to 10 liters per
cylinder (l/cyl) and less than 30 l/cyl, the levels were based on
standards for similar marine engines. For engines with displacement
greater than or equal to 30 l/cyl, the standards were based on evidence
collected for those specified engines.
    Following promulgation of the initial NSPS, the EPA received
several comments from interested parties regarding aspects of the final
rule. In particular, the Engine Manufacturers Association (EMA) stated
its belief that the standards promulgated for engines with displacement
greater than or equal to 30 l/cyl were not feasible, especially for
those engines located in areas without requirements for low sulfur
diesel fuel. Engine manufacturers also noted some minor errors in the
standards as published. The American Petroleum Institute (API)
petitioned for review of the final NSPS, and stated to the EPA that,
among other concerns, API believed that the compliance requirements did
not allow owner and operators enough flexibility to use operation and
maintenance procedures that were different from those recommended by
manufacturers, yet would still provide good emission control practice
for minimizing emissions. API also had other comments regarding the
final rule, including concerns regarding use of the term ``useful
life'' in the stationary engine context, and concerns that temporary
portable engines would be treated as subject to NSPS requirements
beyond the requirements for nonroad engines. These amendments address
the comments received from EMA and API.
    Additionally, on June 30, 2008, the EPA published more stringent
standards for new locomotives and for new CI marine vessels under 40
CFR parts 1033 and 1042, respectively, including marine vessel engines
with displacement greater than or equal to 10 l/cyl and less than 30 l/
cyl (73 FR 37095). The rule promulgated two new tiers of standards for
newly manufactured marine CI engines at or above 600 kilowatt (KW) (800
horsepower (HP)), the second of which was based on the application of
catalytic aftertreatment technology. Further, on April 30, 2010, the
EPA promulgated final fuel requirements and standards regulating
emissions from marine

engines with displacement above 30 l/cyl (75 FR 22896). These
requirements are equivalent to the limits adopted by the International
Maritime Organization (IMO) in October 2008 as an amendment to Annex VI
of the International Convention for the Prevention of Pollution from
Ships (also called MARPOL Annex VI). The EPA is revising the NSPS for
stationary CI engines with a displacement greater than or equal to 10
l/cyl to align them with the standards for similar marine engines.
    Also, on October 31, 2008, the State of Alaska, pursuant to the
provision in the final NSPS for CI engines allowing it to request
alternative provisions for remote Alaska, requested that the EPA make
certain changes in its requirements to account for circumstances in
remote Alaska that are different from those in the rest of the United
States. These amendments revise the NSPS for stationary CI engines to
address issues raised by the State of Alaska in its request.
    On January 18, 2008, the EPA published a final rule containing
separate standards of performance for stationary spark ignition (SI)
engines (73 FR 3567). While these regulations are distinct from the
standards of performance for CI engines, certain aspects of these
regulations, particularly regarding compliance and definitions, are
intended to be consistent with the regulations promulgated for CI
engines. Therefore, the EPA is making minor revisions to the NSPS for
stationary SI engines to maintain consistency with the NSPS for
stationary CI engines. In addition, the EPA received comments
indicating minor errors in the regulations for SI engines. While the
EPA is not making any significant changes to the SI regulations in this
rule, except for those to maintain consistency, the EPA is correcting
certain minor errors in the NSPS for stationary SI engines in this
rule.

III. Summary of the Final Amendments

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

    The EPA is incorporating the standards for new marine engines that
were promulgated on June 30, 2008 (73 FR 37095), into the NSPS for new
stationary CI ICE with displacement greater than or equal to 10 l/cyl
and less than 30 l/cyl. The standards were found to be feasible for the
marine engines covered by those requirements. As discussed in the
original NSPS final rule, stationary engines in this displacement range
are similar in design to marine CI engines and are generally certified
to marine standards. The EPA is, therefore, basing the standards for
non-emergency stationary CI ICE with a displacement between 10 l/cyl
and 30 l/cyl on the technologies identified in the June 30, 2008,
rulemaking that are expected to be used to meet the emission standards
for marine CI engines.
    The final standards would not take effect until 2013, at the
earliest. The standards are summarized in Tables 1 and 2 in this
preamble.

Table 1--First Tier Standards for Stationary CI Engines With a Displacement >=10 and <30 Liters per Cylinder \a\
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                                                                              NOX+HC g/HP-
   Engine displacement (liters per       Maximum engine power     PM g/HP-hr   hr  (g/KW-        Model year
              cylinder)                                           (g/KW-hr)       hr)
----------------------------------------------------------------------------------------------------------------
10.0<=displacement<15.0..............  <2,000 KW...............         0.10          4.6  2013+
                                                                      (0.14)        (6.2)
10.0<=displacement<15.0..............  2,000<=KW<3,700.........         0.10          5.8  2013+
                                                                      (0.14)        (7.8)
15.0<=displacement<20.0..............  <2,000 KW...............         0.25          5.2  2014+
                                                                      (0.34)        (7.0)
20.0<=displacement<25.0..............  <2,000 KW...............         0.20          7.3  2014+
                                                                      (0.27)        (9.8)
25.0<=displacement<30.0..............  <2,000 KW...............         0.20          8.2  2014+
                                                                      (0.27)       (11.0)
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\a\ See note (b) of Table 2 for optional standards.

  Table 2--Second Tier Standards for Stationary CI Engines With a Displacement >=10 and <30 Liters per Cylinder
----------------------------------------------------------------------------------------------------------------
 Engine displacement (liters per      Maximum engine     PM g/HP-hr  NOX g/HP-hr   HC g/HP-hr
            cylinder)                     power          (g/KW-hr)     (g/KW-hr)   (g/KW-hr)       Model year
----------------------------------------------------------------------------------------------------------------
All..............................  600<=KW<1,400......         0.03          1.3         0.14  2017+ \a\
                                                             (0.04)        (1.8)       (0.19)
All..............................  1,400<=KW<2,000....         0.03          1.3         0.14  2016+ \b\
                                                             (0.04)        (1.8)       (0.19)
All..............................  2,000<=KW<3,700....      0.03\c\          1.3         0.14  2014+ \b\
                                                             (0.04)        (1.8)       (0.19)
<15.0............................                              0.09          1.3         0.14  2014-2015 \b\
                                                             (0.12)        (1.8)       (0.19)
15.0<=displacement <30.0.........  >=3,700 KW.........         0.19          1.3         0.14  2014-2015 \b\
                                                             (0.25)        (1.8)       (0.19)
All..............................                              0.04          1.3         0.14  2016+ \a\
                                                             (0.06)        (1.8)       (0.19)
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\a\ Optional compliance start dates can be used within these model years; see 40 CFR 1042.101(a)(8).
\b\ Option: 1st Tier PM/NOX+HC at 0.10/5.8 g/HP-hr (0.14/7.8 g/KW-hr) in 2012, and 2nd Tier in 2015.

\c\ Interim Tier 4 PM standards for 2014 and 2015 model year engines with a displacement at or above 15 liters
  per cylinder are 0.25 g/HP-hr (0.34 g/KW-hr) for engines 2,000<=KW<3,300 and 0.20 g/HP-hr (0.27 g/KW-hr) for
  engines 3,300<=KW<3,700.

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

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

    In the initial final NSPS, the EPA required owners and operators of
stationary CI ICE with a displacement of greater than or equal to 30 l/
cyl to reduce NOX emissions by 90 percent or more, or
alternatively they had to limit the emissions of NOX in the
stationary CI internal combustion engine exhaust to 1.6 grams per KW-
hour (g/KW-hr) (1.2 grams per HP-hour (g/HP-hr)). Owners and operators
were also required to reduce PM emissions by 60 percent or more, or
alternatively they had to limit the emissions of PM in the stationary
CI internal combustion engine exhaust to 0.15 g/KW-hr (0.11 g/HP-hr).
These standards were applicable in all areas, including areas in the
Pacific (e.g., Guam) and remote areas of Alaska that were exempted, at
least temporarily, from using low sulfur fuel. The standards were also
applicable to all engines in this displacement category, whether they
were used for emergency or non-emergency purposes.
    Following completion of the original rule, the EPA received
comments from engine manufacturers stating that the standards would be
infeasible in areas where low sulfur fuel was not used. The engine
manufacturers recommended less stringent standards for areas where low
sulfur fuel is not required. The EPA also received later comments
indicating that the standards were also infeasible for engines in areas
with access to lower sulfur fuel, and that the standards should instead
be harmonized with the IMO standards for similar engines in marine
vessels. These comments also requested that the EPA take the same
approach to emergency engines with displacement greater than or equal
to 30 l/cyl as the EPA takes for smaller emergency engines. For other
emergency engines, the EPA promulgated emission standards that do not
require the use of aftertreatment, given the limited use of the
engines, the ineffectiveness of the aftertreatment during startup, and
the need for safe, reliable and immediate operation of the engine
during emergencies. The comments stated that engines of this size have
been used as emergency generators at nuclear power plants in order to
assure the safe shut-down of the reactor in case of emergency due to
their excellent performance and reliability.
    Regarding the NOX standard for these engines, the EPA
agrees that it is appropriate to adjust the stringency of the
NOX standard to match the worldwide NOX standard
approved in the IMO's Annex VI and promulgated by the EPA on April 30,
2010 (75 FR 22896), for marine engines with displacement at or above 30
l/cyl. While the technology required by the existing NSPS has been used
on other stationary engines, the EPA realizes the need to provide lead
time for the technology to transfer to the largest of engines. The
final IMO NOX standard is comparable to the existing NSPS
NOX standard, but provides more lead time for final
implementation. Revising the standard to match the standard for marine
engines allows manufacturers to design a single type of engine for both
uses. This standard has been substantially reviewed by the EPA and
other governments and has been found to be feasible in the time
provided. For engines installed prior to January 1, 2012, the standard
is 17.0 g/KW-hr (12.7 g/HP-hr) when maximum engine speed is less than
130 revolutions per minute (rpm); 45 [middot] n-\0.2\ g/KW-
hr (34 [middot] n-\0.2\ g/HP-hr) when n (maximum engine
speed) is 130 or more, but less than 2,000 rpm; 9.8 g/KW-hr (7.3 g/HP-
hr) when maximum engine speed is 2,000 rpm or more. For engines
installed after January 1, 2012, the EPA is finalizing a more stringent
standard of 14.4 g/KW-hr (10.7 g/HP-hr) when maximum engine speed is
less than 130 rpm; 44 [middot] n-\0.23\ g/KW-hr (33 [middot]
n-\0.23\ g/HP-hr) where n (maximum engine speed) is 130 or
more but less than 2,000 rpm; and 7.7 g/KW-hr (5.7 g/HP-hr) where
maximum engine speed is greater than or equal to 2,000 rpm. For engines
installed after January 1, 2016, the EPA is finalizing a more stringent
standard that presumes the use of aftertreatment. The levels are 3.4 g/
KW-hr (2.5 g/HP-hr) when maximum engine speed is less than 130 rpm; 9.0
[middot] n-\0.20\ g/KW-hr (6.7 [middot] n-\0.20\
g/HP-hr) where n (maximum engine speed) is 130 or more but less than
2,000 rpm; and 2.0 g/KW-hr (1.5 g/HP-hr) where maximum engine speed is
greater than or equal to 2,000 rpm.
    For engines installed in Pacific island areas that are not required
to use lower sulfur fuel, while the EPA believes that SCR can be
installed on such engines even where high sulfur fuel is being used,
the EPA agrees that the use of high sulfur fuel, and the presence of
other impurities in this type of fuel (i.e., heavy fuel oil), as well
as different density and viscosity, make it difficult to achieve
similar results from SCR as would occur with lower sulfur fuel.
Maintenance of high NOX reduction levels is also more
difficult when using high sulfur fuel. The use of higher sulfur heavy
fuel oil also increases engine-out NOX emissions because of
the increased levels of contaminants in the fuel. The EPA also notes
that the areas in question do not have any significant ozone problem.
The EPA, therefore, is not requiring the more stringent standards that
would otherwise apply beginning in 2016 in these areas.
    Similarly, the EPA is not requiring the more stringent,
aftertreatment-forcing NOX standards for emergency engines
with displacement at or above 30 l/cyl. As the commenters noted, the
EPA did not require aftertreatment-forcing requirements for other
emergency engines due to the limited use of the engines, the
ineffectiveness of the aftertreatment during startup, and the need for
safe, reliable and immediate operation of the engine during
emergencies. The EPA agrees that similar concerns are present for
emergency engines in this power category.
    The EPA is also modifying its fuel requirements for engines with
displacement at or above 30 l/cyl. The final rule promulgated by the
EPA for marine engines with displacement above 30 l/cyl required those
engines to use fuel meeting a 1,000 ppm sulfur level beginning in 2014,
and also made other revisions to the mobile source fuel requirements
that will likely have the effect of making 1,000 ppm sulfur fuel the
outlet for diesel fuel that does not meet the 15 ppm sulfur standard
generally required for mobile source fuel. The EPA is revising the fuel
sulfur standards for stationary CI engines with displacement at or
above 30 l/cyl to a 1,000 ppm sulfur level beginning on June 1, 2012.

    The EPA agrees that the numerical standards for PM promulgated in
the original final rule would be very difficult, if not impossible, to
achieve using high sulfur fuel. The EPA therefore agrees that it is
appropriate to revise the concentration limit for PM for stationary CI
ICE with a displacement of greater than or equal to 30 l/cyl in areas
where low sulfur fuel is not required. The EPA is finalizing a standard
of 0.40 g/KW-hr (0.30 g/HP-hr). Given the substantial health concerns
associated with diesel PM emissions, the EPA believes it is appropriate
to require this level for all engines where low sulfur fuel is not
required. Similarly, the EPA is revising the PM standard for emergency
engines to 0.40 g/kW-hr (0.30 g/HP-hr), for the reasons provided above
regarding NOX standards for such engines.
    The EPA is not changing the PM standard for non-emergency engines
in areas where the lower sulfur fuel is available. As the EPA explained
in the original NSPS, the EPA believes this standard is achievable for
engines using existing technology and low sulfur fuel. The substantial
health risks associated with diesel PM require that these stringent
standards remain in place.

C. Compliance Requirements for Owners and Operators

    In the original final NSPS for stationary CI ICE, the EPA required
all engines to be installed, configured, operated, and maintained
according to the specifications and instructions provided by the engine
manufacturer. The EPA also allowed the option for owners and operators
to follow procedures developed by the owner or operator that have been
approved by the engine manufacturer for cases where site-specific
conditions may require changes to the manufacturer's typical
guidelines.
    Several parties objected to this requirement. According to the
parties, this requirement restricts owners and operators from using the
most appropriate methods for installing, operating and maintaining
engines in the field. The parties claim that owners and operators are
in the best position to determine the most appropriate method of
installing, operating and maintaining engines in the field and have
more experience in doing so than engine manufacturers, and that
operation and maintenance provisions in manufacturer manuals are often
too stringent and inflexible to be required in binding regulations.
    Based on the comments and information received during and after the
rulemakings for NSPS for both CI and SI ICE, the EPA believes in this
circumstance and with certain safeguards, it is appropriate to provide
flexibility to owners and operators to follow alternative operation and
maintenance procedures. Therefore, the EPA is revising the regulations
to allow owners and operators to develop their own operation and
maintenance plans as an alternative to following manufacturer operation
and maintenance procedures. However, if an owner/operator decides to
take this approach, the EPA will need greater assurance that the engine
is meeting emission requirements because the owner/operator will not be
operating according to the operation and maintenance instructions
included in the engine manufacturer's certification. Thus, owner/
operators using this approach will generally be subject to further
testing of their engines and will be required to keep maintenance plans
and records. Engines greater than 500 HP are required to conduct a
performance test within 1 year of startup (or within 1 year after an
engine and control device is no longer installed, configured, operated,
and maintained in accordance with the manufacturer's emission-related
written instructions) to demonstrate compliance with the emission
standards, and also have to conduct subsequent performance testing
every 8,760 hours or 3 years (whichever comes first) thereafter. These
engines are also required to keep a maintenance plan and records of
conducted maintenance.
    Engines greater than or equal to 100 HP and less than or equal to
500 HP are required to conduct a performance test within 1 year of
startup (or within 1 year after an engine and control device is no
longer installed, configured, operated, and maintained in accordance
with the manufacturer's emission-related written instructions) to
demonstrate compliance with the emission standards and in addition are
required to keep a maintenance plan and records of conducted
maintenance. Engines below 100 HP operating in a non-certified manner
do not have to conduct further performance testing, but are required to
keep a maintenance plan and records, and if the owner/operator does not
install and configure the engine and control device according to the
manufacturer's emission-related written instructions, then the owner/
operator must conduct a performance test to demonstrate compliance with
the applicable emission standards within 1 year of such action.
    Owners and operators have the ability to adjust engine settings
outside of manufacturer settings as long as they demonstrate the
engines comply with the standards at those settings with a performance
test. Parties also noted that the operation and maintenance
requirements extended beyond emission-related operation and maintenance
and extended to operation and maintenance of all aspects of the engine,
which the parties believed should be beyond the scope of the
regulation. The EPA agrees that the operation and maintenance
requirements of the NSPS should be restricted to emission-related
operation and maintenance, and is revising the regulations accordingly.
    The EPA notes that if the engine settings are adjusted outside of
the manufacturer's specifications, the engine is no longer considered
to be a certified engine. The engine manufacturer is no longer
considered responsible for the engine being in compliance with the
applicable emission standards, and the emissions warranty for the
engine becomes void.

D. Temporary Replacement Engines

    The EPA received comments during and after the initial CI NSPS
rulemaking and during the SI NSPS rulemaking indicating that there was
some confusion regarding the status of temporary engines (i.e.,
generally engines in one location for less than 1 year) under the EPA's
regulations. Further, there was concern that for those temporary
engines that were considered stationary under the definitions of
stationary and nonroad engine, because they replaced other stationary
engines during periods when the main engines were off-line (e.g., for
maintenance work), owners and operators of major sources would have
little or no ability to oversee the operations of these temporary
engines, as they were generally owned and maintained by other entities.
    The EPA notes that except for certain instances (e.g., engines at
seasonal sources or engines that replace stationary engines at a
location), engines in one location for less than 1 year are generally
considered to be mobile nonroad engines under the EPA's regulatory
definitions of nonroad engine and stationary engine, and, therefore,
the NSPS and other regulations applicable to stationary engines are not
applicable to such engines. Examples of such nonroad engines are
engines that are brought to a stationary major source for less than 1
year for purposes of general maintenance or construction.
    Portable engines that replace existing stationary engines at the
same location on a temporary basis and that are intended to perform the
same or similar

functions are considered stationary engines. This provision allows the
permitting authority to count the emissions of the temporary unit in
the emissions from the stationary source, as it would for the permanent
unit. This prevents sources from avoiding the counting of such units in
its projected or actual emissions. The EPA agrees with comments that
with regard to temporary replacement engines, which are generally
portable and moved from place to place, it is most appropriate that
these engines, though considered stationary, should be allowed under
the NSPS to meet requirements for mobile nonroad engines. These sources
are not under the long-term control (or in many cases the short-term
control) of the local source, and, therefore, it is appropriate to hold
them to the requirements for similar sources that are mobile in
character. The EPA also notes that under the pre-existing general
provisions for 40 CFR part 60, the fact that an engine moves from place
to place does not, by the sole basis of that movement, make the engine
a ``new'' engine for the purposes of the NSPS.

E. Requirements for Engines Located in Remote Areas of Alaska

    In the original final NSPS, the EPA agreed to delay the sulfur
requirements for diesel fuel intended for stationary ICE in remote
areas of Alaska not accessible by the Federal Aid Highway System (FAHS)
(``remote Alaska'') until December 1, 2010, except that any 2011 model
year and later stationary CI engines operating in remote Alaska prior
to December 1, 2010, would be required to meet the 15 ppm sulfur
requirement for diesel fuel. This approach was consistent with the
approach that was used for nonroad and highway engines in remote
Alaska. The EPA also included a special section in the final rule that
specified that until December 1, 2010, owners and operators of
stationary CI engines located in Alaska should refer to 40 CFR part 69
to determine the diesel fuel requirements applicable to such engines.
    In addition, the original final regulations included language that
allowed Alaska to submit for the EPA approval through rulemaking
process an alternative plan for implementing the requirements of this
regulation for public-sector electrical utilities located in remote
areas of Alaska not accessible by the FAHS. The alternative plan needed
to be based on the requirements of section 111 of the CAA including any
increased risks to human health and the environment, and also needed to
be based on the unique circumstances related to remote power
generation, climatic conditions, and serious economic impacts resulting
from implementation of the final NSPS.
    The EPA also included an option in the original final NSPS for
stationary CI engines that allowed owners and operators of pre-2011
model year engines located in remote areas of Alaska to petition the
Administrator to use any fuels mixed with used oil that do not meet the
fuel requirements in Sec.  60.4207 of the final rule beyond the
required fuel deadlines. The owner or operator was required to show
that there is no other place to burn the used oil. Each petition, if
approved, was valid for a period of up to 6 months.
    The EPA communicated with officials from the State of Alaska on
several occasions following the promulgation of the final rule, and
gave the State of Alaska an extension from the original deadline of
January 11, 2008, to provide its alternative plan for remote Alaska to
the EPA. On October 31, 2008, the EPA received Alaska's request for
several revisions to the NSPS as it pertains to engines located in the
remote part of Alaska not served by the FAHS.
    In particular, the State of Alaska requested the following:
     Allow NSPS owner/operator requirements to apply only to
model year 2011 and later engines.
     Maintain a December 1, 2010, deadline for transition of
regulated engines to ULSD.
     Authorize continued use of single circuit jacketwater
marine diesel engines for prime power applications.
     Remove limitations on using fuels mixed with used
lubricating oil that do not meet the fuel requirements of 40 CFR part
60, subpart IIII.
     Review emission control design requirements needed to meet
new NSPS emission standards, including the possibility of removing or
delaying emissions standards requiring advanced exhaust gas emissions
aftertreatment technologies until the technology is proven for remote
and arctic applications.
    The EPA notes the following information provided by the State of
Alaska in its request. In general, the State noted that over 180 remote
communities in Alaska that are not accessible by the FAHS rely on
diesel engines and fuel for electricity. These communities are
scattered over long distances in remote areas and are not connected to
population centers by road or power grid. These communities are located
in the most severe arctic environments in the United States.
    Regarding the request that owners and operator requirements apply
only to model year 2011 and later engines, the State of Alaska focused
on two particular requirements for pre-2011 engines: The requirement
that pre-2011 engines that are manufactured after April 1, 2006, use
ULSD beginning on December 1, 2010; and the requirement that after
December 31, 2008, owners and operators may not install engines that do
not meet the applicable requirements for 2007 model year engines.
    The State of Alaska noted that Alaska village power plants are
typically operated by a single part-time operator with an alternate,
that there is a high rate of turnover among plant operators, and that
operators have limited training, expertise or resources. The State of
Alaska notes that pre-2011 engines will all be fueled, prior to
December 1, 2011, with the same fuel. The State of Alaska stated that
it would greatly simplify operations to coordinate the fuel
requirements with the introduction of 2011 model year engines, rather
than retroactively requiring some, but not all, earlier engines to meet
the fuel requirements. It would also facilitate the smoother transition
to ULSD fuel, rather than requiring numerous engines to all meet the
requirements at the same time. The State of Alaska noted that there is
no technological requirement for pre-model year 2011 engines to use
aftertreatment, and thus no technological need to use ULSD. The EPA
agrees that the requested revision will reduce the complexity of the
regulations and that ULSD is not technologically necessary for engines
that are not required to meet the Tier 4 emission standards for PM. As
discussed in section V.C., in response to comments during this
rulemaking requesting relief from the requirement to meet Tier 4-
equivalent PM standards, the EPA is requiring new engines in remote
areas of Alaska to meet the more stringent PM standards and use ULSD
beginning with 2014 model year engines. Therefore, the EPA is
finalizing a requirement that 2014 model year and later engines use
ULSD, rather than 2011 model year and later that was proposed. The EPA
also notes that the requirement to use ULSD for 2014 and later model
year engines will eventually lead to a complete turnover of the fuel
used in the remote villages.
    The State of Alaska notes that the planning, construction and
operation of engines in remote Alaska is complex. The timeframe for
these projects, which are coordinated among several governmental
entities, typically exceeds 3 years. The State of Alaska notes that
several projects that were designed and funded based on pre-2007 model
year

engines were not installed prior to December 31, 2008. Therefore, the
State of Alaska requested that the deadline be moved to December 2010.
While the EPA understands that some extra time may be needed to allow
for these pre-existing projects to go forward with pre-2007 engines,
the EPA does not believe the State of Alaska has justified a 2-year
extension, beyond the 2 years already provided in the regulations.
However, the EPA believes that a 1-year extension would be appropriate.
The EPA is, therefore, finalizing a 1-year extension for owners and
operators in remote Alaska to install pre-2007 model year engines.
    Regarding its request for continued use of single circuit
jacketwater marine diesel engines for prime power applications, the
State of Alaska notes that remote villages in Alaska use combined heat
and power cogeneration plants, which are vital to their economy, given
the high cost of fuel and the substantial need for heat in that
climate. Heat recovery systems are used with diesel engines in remote
communities to provide heat to community facilities and schools.
Marine-jacketed diesel engines are used wherever possible because of
their superior heat recovery and thermal efficiency. The State of
Alaska has noticed great reductions in heat recovery when using Tier 3
non-marine engines. The State notes that reductions in fuel efficiency
will lead to greater fuel use and greater emissions from burning extra
heating oil. The EPA agrees with the State that there are significant
benefits from using marine engines, and is finalizing a revision that
will allow engines in remote Alaska to use marine-certified engines.
However, as the State of Alaska notes, marine-certified engines,
particularly those below 800 HP, are not required to meet more
stringent requirements for reduction of PM emissions, which is the most
significant pollutant of concern in these areas. Therefore, the EPA is
requiring that owners and operators of 2014 model year and later
engines must either be certified to Tier 4 standards (whether land-
based nonroad or marine) or must install PM reduction technologies on
their engines to achieve at least 85 percent reduction in PM.
    Regarding the issue of using aftertreatment technologies that the
State of Alaska says have not been tested in remote arctic climates,
the EPA notes that the original request from the State of Alaska was
particularly concerned with NOX standards that would likely
entail the use of SCR in remote Alaska. NOX reductions are
particularly important in areas where ozone is a concern, because
NOX is a precursor to ozone. However, the State of Alaska,
and remote Alaska in particular, does not have any significant ozone
problems. Moreover, the use of SCR entails the supply, storage and use
of a chemical reductant, usually urea, that needs to be used properly
in order to achieve the expected emissions reductions, and that may
have additional operational problems in remote arctic climates. As
noted above, these villages are not accessible by the FAHS and are
scattered over long distances in remote areas and are not connected to
population centers by road or power grid. The villages are located in
the most severe arctic environments in the United States and they rely
on stationary diesel engines and fuel for electricity and heating, and
these engines need to be in working condition, particularly in the
winter. While the availability of reductant is not a problem in the
areas on the highway system, its availability in remote villages,
particularly in the early years of the Tier 4 program, may be an issue,
which is notable given the importance of the stationary engines in
these villages. Furthermore, the costs for the acquisition, storage and
handling of the chemical reductant would be greater than for engines
located elsewhere in the United States due to the remote location and
severe arctic climate of the villages. In order to maintain proper
availability of the chemical reductant during the harsh winter months,
new heated storage vessels may be needed at each engine facility,
further increasing the compliance costs for these remote villages.
Given the issues that would need to be addressed if SCR were required,
and the associated costs of this technology when analyzed under NSPS
guidelines, the EPA understands the State of Alaska's argument that it
is inappropriate to require such standards for stationary engines in
remote Alaska.\1\ Therefore, the EPA is not requiring owners and
operators of new stationary engines to meet the Tier 4 standards for
NOX in these areas. However, owners and operators of model
year 2014 and later engines that do not meet the Tier 4 PM standards
would be required to use PM aftertreatment, as discussed above. The use
of PM aftertreatment will also achieve reductions in CO and
hydrocarbons (HC).
---------------------------------------------------------------------------

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

    Finally, regarding allowing owners and operators to blend up to
1.75 percent used oil into the fuel system, the State notes that there
are no permitted used oil disposal facilities in remote Alaskan
communities. The State has developed a cost-effective and reliable
used-oil blending system that is currently being used in many remote
Alaskan communities, disposing of the oil in an environmentally
beneficial manner and capturing the energy content of the used oil. The
absence of allowable blending would necessitate the shipping out of the
used oil and would risk improper disposal and storage, as well as
spills.
    According to the State, blending waste oil at 1.75 percent or less
will keep the fuel within American Society for Testing and Materials
(ASTM) specifications if the sulfur content of the waste oil is below
200 ppm. The State acknowledges the need for engines equipped with
aftertreatment devices to use fuel meeting the sulfur requirements. The
EPA agrees that the limited blending of used oil into the diesel fuel
used by stationary engines in remote Alaska is an environmentally
beneficial manner of disposing of such oil and is of little to no
concern when kept within appropriate limits. Therefore, the EPA is
finalizing amendments that permit the blending of fuel oil at such
levels for engines in remote Alaska. The used oil must be ``on-spec,''
i.e., it must meet the on-specification levels and properties in 40 CFR
279.11.
    The EPA agrees that the circumstances in remote Alaska require
special rules. The EPA is, therefore, promulgating several amendments
for engines used in remote Alaska:
     Exempting all pre-2014 model year engines from diesel fuel
sulfur requirements;
     Allowing owners and operators of stationary CI engines
located in remote areas of Alaska to use engines certified to marine
engine standards, rather than land-based nonroad engine standards; and
     Removing requirements to use aftertreatment devices for
NOX, in particular, SCR, for engines used in remote Alaska;
     Removing requirements to use aftertreatment devices for PM
until the 2014 model year; and
     Allowing the blending of used lubricating oil, in volumes
of up to 1.75 percent of the total fuel, if the sulfur content of the
used lubricating oil is less than 200 ppm and the used lubricating oil
is ``on-spec,'' i.e., it meets the on-specification levels and
properties of 40 CFR 279.11.

F. Reconstruction

    The EPA is also finalizing amendments to the NSPS that require
reconstructed engines to meet the emission standards for the model year
in which the reconstruction occurs if the reconstructed engine meets
either of the following criteria:
     The fixed capital cost of the new and refurbished
components exceeds 75 percent of the fixed capital cost of a comparable
new engine; or
     The reconstructed engine consists of a previously used
engine block with all new components.
    The final rule also clarifies that the provisions for modified and
reconstructed engines apply to anyone who modifies or reconstructs an
engine, including engine owners/operators, engine manufacturers, and
anyone else. The final rule also adds additional clarification
regarding what standards are applicable for modified or reconstructed
engines.

G. Minor Corrections and Revisions

    The EPA is making several minor revisions in this rule to correct
mistakes in the initial rule or to clarify the rule. The revisions are
listed below:
     Replacing the term ``useful life'' with ``certified
emissions life,'' for purposes of clarity;
     Revising Table 3 in the in 40 CFR part 60, subpart IIII to
account for a mistake in how Table 3 characterized the certification
requirements for high speed fire pump engines in the original final
rule;
     Revising the definition of ``emergency stationary internal
combustion engine'' in the NSPS for stationary CI ICE to include the
allowance for 50 hours of non-emergency operation, to be consistent
with the definition of emergency stationary internal combustion engine
in the NSPS for stationary SI ICE and the National Emission Standards
for Hazardous Air Pollutants (NESHAP) for Stationary Reciprocating
Internal Combustion Engines (RICE) (40 CFR part 63, subpart ZZZZ);
     Revising the requirement for emergency engines to install
non-resettable hour meters such that emergency engines that meet the
requirements for non-emergency engines do not have to install the hour
meters;
     Revising the applicability provisions to make clearer the
EPA's requirement that all owners and operators of new sources must
meet the deadlines for installation of compliant stationary engines;
     Revising certain provisions of the NSPS for stationary SI
engines, particularly concerning definitions and compliance by owners
and operators of such engines, to correct clear errors and to ensure
consistency where appropriate for the regulation of stationary ICE; and
     Adding a definition of ``installed'' to provide clarity to
the provisions regarding installing engines produced in previous model
years.

IV. Summary of Significant Changes Since Proposal

A. Definitions

    The EPA proposed to add a definition for ``reconstruct'' that was
specific for the NSPS for stationary ICE. In the final rule, the EPA is
not including the proposed definition for reconstruct, and, instead,
will continue to use the definition for reconstruction found in the
General Provisions of 40 CFR part 60, specifically at 60.15 of that
part. The EPA also proposed to add a definition for ``date of
manufacture'' that would have assigned a new date of manufacture for
reconstructed engines if any of the following criteria were met: the
crankshaft was removed as part of the reconstruction; the fixed capital
cost of the new and refurbished components exceeded 75 percent of the
fixed capital cost for a comparable new engine; the engine serial
number was removed; or the engine was produced using all new components
except for the engine block. The definition for ``date of manufacture''
that the EPA is finalizing specifies that a new date of manufacture is
assigned for a reconstructed engine if the fixed capital cost of the
new and refurbished components exceeded 75 percent of the fixed capital
cost for a comparable entirely new facility, or if the engine was
produced using all new components except for the engine block.
    The definition for ``installed'' that the EPA is finalizing is also
different from the proposed definition. The definition that the EPA
proposed stated that an engine is considered installed when it is
placed and secured at the location where it is intended to be operated;
piping and wiring for exhaust, fuel, controls, etc. are installed and
all connections are made; and the engine is capable of being started.
The definition for ``installed'' in the final rule does not include the
conditions that the piping and wiring are installed and the engine is
capable of being started.
    The EPA is also correcting a typographical error in the definition
for ``liquefied petroleum gas'' in the NSPS for stationary SI ICE, 40
CFR part 60, subpart JJJJ. The definition should have the word ``or''
instead of the word ``of'' after the phrase ``* * * obtained as a by-
product in petroleum refining. * * *'' This final rule corrects that
typographical error.

B. Emission Standards and Fuel Requirements

    In the final rule, the EPA is revising the fuel requirements for
engines subject to the NSPS for stationary CI ICE. The rule as
originally promulgated required owners and operators of stationary CI
ICE to use diesel fuel that meets the requirements of 40 CFR 80.510(b)
for nonroad diesel fuel beginning on October 1, 2010. Facilities could
petition for approval to use existing inventories of non-compliant fuel
for a period of up to 6 months at a time. Facilities were required to
submit a new petition if additional time was needed. The EPA received a
number of petitions for extensions of the October 1, 2010, deadline
from facilities that operate emergency engines that are subject to the
NSPS for stationary CI ICE. In the petitions, the facilities indicated
that they only operate the engines for a few hours each year, and that
it may take a period of years to use up the existing fuel in their
tanks, since they keep a supply of fuel on hand that would be adequate
for the engines in the event of an emergency. Petitioners also noted
the great expense of draining the remaining fuel and purchasing
replacement fuel, while the drained fuel would likely be used in other
applications that did not need to meet the fuel requirements of the
NSPS. A petitioner requested that the EPA change the rule so that
facilities were required to purchase diesel fuel that was compliant
with 40 CFR 80.510(b) after October 1, 2010, but could use any fuel
remaining in its tanks until it was depleted. Based on the information
provided in the petitions, the EPA is revising the fuel requirement for
stationary CI ICE subject to the NSPS. The final rule amends the
requirement to specify that owners and operators must purchase fuel
that meets the requirements of 40 CFR 80.510(b) beginning on October 1,
2010.
    The EPA is also finalizing a different deadline than proposed for
engines with a displacement greater than or equal to 30 l/cyl to
transition to fuel with a sulfur content of 1,000 ppm. The EPA proposed
to allow owners and operators of these engines to begin using 1,000 ppm
sulfur content fuel beginning on January 1, 2014. The final rule allows
owners and operators to begin using 1,000 ppm sulfur content fuel
beginning June 1, 2012.
    Finally, the EPA is finalizing a different deadline for new engines
in remote areas of Alaska to begin using ULSD than was proposed. The
EPA proposed to require the use of ULSD

beginning with 2011 model year engines; the final rule requires the use
of ULSD beginning with 2014 model year engines. The EPA is also
providing additional time before requiring stationary engines located
in remote areas of Alaska to meet more stringent PM standards that are
based on the use of aftertreatment.

C. Requirements for Emergency Engines

    The EPA proposed to amend the definition for ``emergency stationary
internal combustion engine'' and the allowances for maintenance/testing
and non-emergency operation for such engines to be consistent with the
provisions promulgated in the NESHAP for existing stationary RICE at 40
CFR part 63, subpart ZZZZ. The EPA is only finalizing a portion of the
proposed revisions to the emergency engine definition. The EPA is
finalizing the provision allowing 50 hours of non-emergency service for
stationary CI engines subject to the NSPS, in order to make the
emergency engine provisions for new CI engines consistent with those
for new SI engines and existing CI and SI engines. At this time, the
EPA is not finalizing the proposed provision allowing 15 hours for
demand response operation for emergency stationary engines. The EPA
included a similar provision for emergency engines in the March 3,
2010, amendments to the stationary RICE NESHAP (75 FR 9648), and
subsequently proposed to amend the stationary engine NSPS to be
consistent with the stationary RICE NESHAP. The EPA received two
petitions for reconsideration of the 15-hour allowance for demand
response in the stationary RICE NESHAP, and is currently reconsidering
its decision to allow emergency engines to operate for 15 hours per
year as part of an emergency demand response program. The EPA is
deferring taking final action on including this provision in the
stationary ICE NSPS pending the resolution of the reconsideration
process on the stationary RICE NESHAP. The EPA will address this issue
as it affects the CI and SI engine NSPS emergency engine provisions as
part of that reconsideration process.

D. Other

    In the proposed rule, the EPA requested comment on the need for
stationary engines in marine offshore settings to use engines meeting
the marine engine standards, rather than land-based engine standards.
The comments that were received in response to the EPA's request all
supported allowing stationary engines in marine offshore settings to
use engines meeting the marine engine standards. In the final rule, the
EPA is including provisions that would allow stationary engines used in
marine offshore settings to meet marine engine standards.
    The EPA received comments on the proposed amendments requesting
several changes to 40 CFR part 60, subpart JJJJ that were not related
to this rule. While the EPA is generally not making these changes, as
they are beyond the scope of this rule and would require substantive
analysis, the EPA is making certain revisions to correct clear errors
(e.g., changing > signs to < signs where appropriate) and clarifying
that determining the exhaust flowrate is not required if the engine is
being tested to show compliance with the concentration-based (ppm)
standards for NOX, CO, and VOC.

V. Summary of Responses to Major Comments

A. Fuel Requirements for Engines With a Displacement Greater Than or
Equal to 30 L/Cyl

    Comment: One commenter supported a fuel limit of 1,000 ppm sulfur
content for engines with a displacement at or above 30 l/cyl. The
commenter agreed that it is appropriate to align fuel requirements for
stationary engines with a displacement at or above 30 l/cyl with those
that are in the IMO marine engine standards, since the stationary
engine emission standards are also being aligned with IMO marine engine
standards. However, the commenter asked that the EPA require that this
limit become effective immediately and not in 2014, as proposed. The
commenter claimed that 500 ppm sulfur fuel, which is the sulfur level
stationary engines at or above 30 l/cyl currently must meet for the
fuel they use, will become very limited and perhaps unavailable after
the 15 ppm sulfur fuel requirements take effect in October 2010 for
most mobile and stationary engines. Engines of large displacement are
not designed to operate on 15 ppm sulfur fuel, the commenter argued,
therefore, appropriate fuel for these engines may not be available, or
if it is, will be significantly more costly. To ensure the availability
of appropriate fuel, the commenter asked that the EPA allow engines
with a displacement at or above 30 l/cyl to use 1,000 ppm sulfur fuel
immediately.
    Response: The EPA agrees that it would be appropriate to require
that stationary engines with a displacement of 30 l/cyl or more limit
the sulfur content in the fuel to 1,000 ppm beginning earlier than
2014, which is the timeframe that was proposed. However, the EPA
disagrees with the commenter's logic and that the requirement should
become effective immediately. Diesel fuel containing 500 ppm sulfur
will be the designated off-spec fuel within the diesel stream until
2014 and should be available at least for locomotives and marine
engines until June 1, 2012. Therefore, the EPA believes it is
appropriate to finalize the 1,000 ppm fuel requirement for large
displacement engines, but require that these engines begin using this
fuel on June 1, 2012.

B. Operating and Maintenance Requirements

    Comment: One commenter expressed concern about the proposal that
for certified engines, owners and operators would be allowed to develop
and follow their own operation and maintenance (O&M) procedures as an
alternative to following the manufacturer's O&M procedures. The
commenter recommended that engines that do not follow the
manufacturer's O&M procedures be considered as operating in a non-
certified manner and subject to initial performance testing
requirements. The commenter indicated that it is supportive of
providing additional flexibility, but that in those cases where an
owner or operator opts to take an alternative O&M approach, which
differs from what the manufacturer recommends for the engine, the
engine manufacturer or certificate holder should no longer be
responsible for emissions compliance. According to the commenter, the
EPA should make that clarification as to who is responsible for the
emissions from the engine and if operated differently than recommended
by the manufacturer, the engine should no longer be classified as a
certified engine.
    Response: The EPA agrees that the engine manufacturer should not be
held responsible once owners and operators of a certified engine no
longer operate and maintain the engine and control device according to
the manufacturer's O&M procedures. This is consistent with the language
in section 207 of the CAA and 40 CFR 1068.505, regarding mobile source
engines, that specifies the EPA not require a recall of engines by the
manufacturer unless the EPA determines that a substantial number of
engines, although properly maintained and used, do not conform to
emission regulations. The EPA thinks that it is clear in the rule
language that the owner/operator, not the manufacturer, is required to
show compliance in such situations, as was specifically laid out in
60.4211(g) of the proposed rule. Further,

the EPA stated in the preamble to the proposed rule that engines
operated in this manner would be considered non-certified engines and
generally subject to performance testing (see 75 FR 32615, middle
column).

C. Engines Located in Remote Alaska

    Comment: One commenter supported allowing used oil blending under
the CI NSPS. Blending used oil for burning in the facility's own engine
is important and decreases risks related to disposal and spills in
areas that have limited resources available to deal with such costs,
the commenter said. According to the commenter, a significant
environmental concern in remote Alaska is the improper disposal of used
oil. In most remote Alaska communities, there are no permitted used oil
disposal facilities and the cost of exporting used oil is burdensome
and can be the same price or more than purchasing new oil, the
commenter noted. The commenter recommended that used fuel blending be
allowed in the rule at a maximum blend level of 1.75 percent.
    Response: The EPA agrees that the limited blending of used oil into
the diesel fuel used by stationary engines in remote areas of Alaska is
an environmentally beneficial manner of disposing of such oil.
Therefore, the EPA has included a provision in the final rule that
allows the blending of fuel oil for engines in remote Alaska, in
volumes of up to 1.75 percent of the total fuel. The sulfur content of
the used lubricating oil must be less than 200 ppm, and the used
lubricating oil must be is ``on-spec,'' i.e., it must meet the on-
specification levels and properties in 40 CFR 279.11.
    Comment: One commenter expressed concern over the proposed
requirements for small remote power plants in Alaska that would
necessitate aftertreatment in order to meet the PM limits. The
commenter's concern regarding aftertreatment for PM is based on the
majority of small remote power plans being un-staffed and the technical
capability of staff being minimal and including only basic maintenance
tasks such as maintaining the oil, filter, belts and hoses. In
addition, the commenter was concerned that the exhaust aftertreatment
used to reduce PM would limit the ability to burn used oil in the
engine, and could also pose a risk to the reliability of the engine.
The commenter also believed that the installation and maintenance costs
for PM aftertreatment were unreasonable.
    Response: The EPA disagrees with the commenter that PM limits that
necessitate the use of aftertreatment like CDPF should not be required
at all for stationary CI engines located in remote areas of Alaska. The
need for PM control was in the commenter's original request to the EPA,
noting that PM is the most significant pollutant of concern in remote
areas of Alaska. Stationary CI engines are often in very close
proximity to the towns and the diesel PM emissions, which are highly
toxic, can fall on the towns. Substantial health impacts are associated
with diesel PM emissions and the EPA does not believe it is appropriate
to reduce the stringency of PM requirements in remote Alaska.
    Regarding the concerns raised by the State of Alaska regarding the
feasibility and cost of installing and operating CDPF in remote
villages, the EPA is providing additional time in the final rule before
new stationary engines in remote areas of Alaska are required to meet
PM standards that would require CDPF. The use of CDPF for new nonroad
and stationary diesel engines in the United States will be phased in
from 2011 to 2015. Waiting until there is more widespread experience
with operating and maintaining CDPF would allow time for Alaska's
concerns regarding the feasibility of maintaining CDPF on engines in
remote areas to be addressed. The type of engines most often used to
power the remote villages is currently required by the NSPS to meet PM
standards based on the use of CDPF beginning with the 2011 or 2012
model year, depending on the engine size. Providing a delay until the
2014 model year for engines located in remote Alaskan villages would
provide State with 2 to 3 years to gain experience with the operation
of the controls and develop the equipment infrastructure needed to
properly operate and maintain the CDPF. In response to this comment,
the EPA consulted with vendors of CDPF, who indicated that the
installation and maintenance costs for the systems are not as high as
the estimates provided by the State of Alaska.\2\
---------------------------------------------------------------------------

    \2\ See memorandum titled ``Summary of Calls with Vendors of
Diesel Particulate Filters (DPF)'' in docket EPA-HQ-OAR-2010-0295.
---------------------------------------------------------------------------

    The EPA recognizes that the blending of used oil into diesel fuel
is a concern for engines equipped with CDPF; however, the EPA believes
that given the restrictions in the rule for used oil blending (no more
than 1.75 percent of total fuel and no more than 200 ppm sulfur in the
oil), the increase in sulfur caused by the blending should not be a
significant concern for the operation of CDPF-equipped engines.

D. Emission Standards for Marine Engines

    Comment: Several commenters provided recommendations on how to
treat stationary engines used in marine offshore settings. The
commenters said that marine engines should not be subject to land-based
standards and indicated support for revisions to allow the use of
marine based standards as opposed to NSPS for offshore platform
installations. The commenters indicated that these engines are normally
nonroad engines that are subject to marine engine standards. The
commenters said that if the marine engine is used in a stationary
manner, the commenters were supportive of language being added to
indicate that stationary engines in marine offshore settings may comply
with applicable marine engine standards as opposed to the land-based
standards.
    Response: The EPA requested comment on the need for stationary
engines in marine offshore settings to use engines meeting the marine
engine standards, rather than land-based engine standards. Based on
comments received on this issue, the EPA agrees that it would be
appropriate to allow stationary engines used in marine offshore
settings to meet marine engine standards. The EPA understands that
engines used in these settings are generally certified to marine
standards and that it may not be possible to know how an engine will be
used throughout its life when it is first used. The EPA does not see a
need to require engines utilized in the same marine offshore setting to
be certified to different standards based solely on the time an engine
remains in one location. It therefore is appropriate to require engines
used in both mobile and stationary marine offshore applications to be
able to meet the same standard.

E. Test Methods

    Comment: One commenter said that the test method for stationary
engines with a displacement at or above 30 l/cyl needs to be changed
from Method 5 to Method 5B or Method 17. The main reason the commenter
believes Method 5 is not suitable is because it requires the use of
glass fiber filters maintained at 120 degrees Celsius ([deg]C) [250
degrees Fahrenheit ([deg]F)]. The method also requires that in sources
that have sulfur dioxide (SO2) or sulfur trioxide
(SO3) that the filter material be unreactive to these
pollutants and International Organization for Standardization (ISO)
method 9096 2003 does not recommend glass fiber filter use where this
reaction occurs. The commenter went on to say

that the temperature required by Method 5 is generally much lower than
normal exhaust temperatures from large displacement engines. This
necessitates cooling of the exhaust gas in order to use Method 5, the
commenter said, which would lead to the formation of additional
condensation particles that would affect the sampling results. The
commenter argued that the method would not yield reproducible results
and recommended that due to inconsistencies, the EPA should allow
alternative methods. The commenter recommended that the EPA raise the
PM sampling temperature in Method 5 to a minimum of 160 [deg]C, which
essentially means changing Method 5 to Method 5B, and also allow
stationary engines to use Method 17 as an alternative.
    Response: The EPA disagrees with the comment that EPA Method 5 does
not provide accurate and precise measurements of PM. The statements in
EPA Method 5 and ISO 9096 2003 regarding the selection of filtration
media that are unreactive to SO3 are intended to ensure that
the proper filter media are used. When acceptable filter media are
selected, including glass fiber filters that are unreactive to
SO2 or SO3, EPA Method 5 has been shown to
provide reproducible results irrespective of the filtration temperature
chosen.
    The EPA also disagrees that EPA Method 5 cannot achieve a
filtration temperature of 120 [deg]C (250 [deg]F) since there are no
procedures for cooling the sample gas from the stack temperature to the
required filtration temperature. EPA Method 5 is silent on the method
for cooling the sample gas, as this is left to the discretion of the
source test individual. The method employed depends upon the stack gas
temperature, the required filtration temperature, and the equipment
available to the individual test contractor. In most situations, no
special procedures are required since sufficient cooling is achieved by
normal air exposure of the probe and filter holder. Where filtration
temperature is likely to exceed the method specified temperature,
contractors have used specially constructed air cooled or water cooled
probes to achieve the proper temperature.

F. Definitions

    Comment: Several commenters were concerned with the proposed
definition of ``reconstruct.'' According to the commenters, the
proposed definition would result in stationary engines currently not
subject to the rule becoming subject to NSPS after conducting routine
maintenance, repair, rework, and overhaul. Several commenters stated
that the EPA has not provided sufficient rationale for adding this new
definition and the term is significantly different from other NSPS
definitions and applicability determinations regarding reconstruction.
Two commenters said that the proposed definition excludes the cost of
fundamental components from the fixed capital costs, such as the
engineering costs, construction and site installation and startup
costs, and the costs associated with auxiliary components that service
or that are critical to the engine's operation. Commenters requested
that the EPA maintain the definitions in 40 CFR 60.15(b) and 40 CFR
60.15(c), for reconstruction and fixed capital cost, respectively, in
the final NSPS for stationary CI and SI engines.
    Response: The EPA proposed to add a definition of ``reconstruct''
to the CI and SI NSPS as an attempt to clarify the meaning of
reconstruction. The EPA's objective with the proposal was to provide a
more specific definition applicable to stationary engines rather than
the broader definition provided in the General Provisions of 40 CFR
part 60. The proposed definition was intended to clarify how to conduct
the reconstruction analysis by specifically proposing to include a
definition that would be applicable to stationary engines subject to
NSPS. The EPA believed that providing a specific definition applicable
only to stationary engines would be beneficial by bringing clarity to
how reconstruction is determined in the stationary engine setting.
    The EPA did not expect the proposed change to be controversial nor
did the EPA anticipate that the proposed change would cause such
significant concern among affected sources. However, as illustrated in
the summary of comments on this issue, several affected stakeholders
strongly opposed the EPA's suggested changes to the historical
definition of reconstruction. Based on the extensive concerns provided
by commenters and subsequent information the EPA has received from
stakeholders after the proposal, the EPA determined that it is
appropriate to not include the proposed definition of ``reconstruct''
in the final rule. Instead, the EPA is finalizing the rule using the
definition of ``reconstruction'' from the General Provisions of 40 CFR
part 60. Again, the EPA intended to provide more guidance than what was
originally provided in the rule on reconstruction; however, it is
nearly impossible to capture all potential situations in a definition.
The EPA believes it is appropriate to continue to rely on the
definition in 40 CFR 60.15. Therefore, the EPA is not finalizing the
proposed definition of ``reconstruct.''
    Comment: A number of commenters took issue with the criteria in the
proposed definition of the ``date of manufacture'' and asked that the
definition either be removed or revised. Commenters said that the
proposed changes to the date of manufacture definition constitute
significant concern for industry because of the cost and operational
impacts, plus regulatory confusion the commenters believe the changes
create. Commenters indicated that the criteria in the definition are
flawed and inconsistent with previous definitions of reconstruction.
Several commenters were of the opinion that it is not appropriate to
include the removal of the crankshaft as criteria for designating an
engine being subject to new standards. This component is frequently
removed during inspection and maintenance, according to the commenters,
who suggested that the criteria related to the crankshaft be removed
entirely. According to the commenters, removal of the crankshaft is
sometimes necessary to access components, but this should not
constitute replacement. Commenters said that the removal of the serial
number from the engine should not necessitate the need to comply with
new engine standards. Commenters indicated that the serial number could
be inadvertently knocked off during transportation or use, and asked
that it also not be included as a criterion in the final rule.
    Response: As with the EPA's proposed definition of ``reconstruct,''
the proposal to add a definition for the ``date of manufacture'' led to
a significant concern with affected stakeholders as reflected in this
comment summary. Commenters were generally not opposed to having a
definition for the ``date of manufacture,'' but were against some of
the criteria used in the proposed definition.
    Based on the comments related to removal of the crankshaft, the EPA
agrees that including the engine crankshaft language in the definition
of ``date of manufacture'' would not be appropriate. The EPA does not
wish to trigger more stringent standards for engines that are simply
undergoing regular maintenance. Notably, solely removing the engine
crankshaft is not an indication that a substantial amount of work has
been conducted on the engine to the extent that it should have to meet
to more stringent emission standards. Consequently, the EPA is not
including the crankshaft criteria in the definition

of ``date of manufacture'' in the final rule.
    Regarding comments opposing the inclusion of the serial number in
the definition of ``date of manufacture,'' the EPA agrees that it would
be appropriate to exclude that specific criterion in the final rule.
The EPA does not wish to require more stringent standards for
reconstructed engines solely due to the possibility that in some cases,
the serial number might not be available, for instance, it may have
been knocked off during transportation, use or maintenance, or if the
engine was acquired and it did not have a tag. The EPA is not
interested in penalizing affected sources, where information simply is
not available or missing based on a technicality, by subjecting them to
more stringent standards. Importantly, the lack of the engine serial
number is not an indicator that the engine has undergone significant
modification to the point where it should be subject to more stringent
standards. Therefore, in the final rule, the EPA has not included the
serial number criteria in the definition of ``date of manufacture.''
    The EPA believes that finalizing a cost threshold of 75 percent of
the cost of a new facility in the definition of ``date of manufacture''
is appropriate. Based on the comments received, it appears that the
majority of the issues surrounding the date of manufacture concept were
related to the crankshaft being included in the definition. Since the
EPA is not including the engine crankshaft as a determining factor for
assigning an engine a new date of manufacture, the EPA believes that
most of the issues brought up by commenters would be resolved.
    Comment: One commenter thought that the definition of ``installed''
in sections 60.4248 and 60.4219 of the proposed NSPS amendments should
be modified. The commenter indicated that part of the definition is
appropriate, i.e., in terms of having the engine ``placed and secured
at a location where it is intended to operate'' for defining
``installed.'' However, the commenter did not agree with the rest of
the definition as that states ``* * * the piping and wiring for
exhaust, fuel, controls, etc., is installed and all connections are
made; and the engine is capable of being started.'' The commenter
recommended that the final definition read as follows: ``Installed
means the engine is placed and secured at the location where it is
intended to be operated.'' According to the commenter, because
stationary engines are often part of a larger facility, the engines may
be placed at the location in advance of completing the rest of the
facility and this could be significantly prior to utilities being
completed (including local permits and building inspections). In the
commenter's opinion, creating the foundation and placing the engine at
the location indicates major commitment by the owner, and the commenter
did not believe that it is necessary to finalize the remaining
connections in order to demonstrate the owner's intent, and such
connections are typically more related to the larger construction
project than the engine itself.
    Response: The EPA agrees with the commenter's recommendations
regarding the definition of ``installed.'' The EPA agrees that
installation should be defined as the engine has been placed and
secured where it is intended to be operated, and that the engine does
not have to be capable of being started before it can be considered
installed, since the final piping and wiring may not be completed until
well after the engine is secured in its permanent location.

VI. Summary of Environmental, Energy and Economic Impacts

A. What are the air quality impacts?

    The final rule would reduce NOX emissions from
stationary CI ICE with a displacement between 10 and 30 l/cyl by an
estimated 300 tons per year (tpy), PM emissions by about 8 tpy, and HC
emissions by about 4 tpy, in the year 2018. The EPA estimated emissions
reductions for the year 2018 because the year 2018 is the first year
the emission standards would be fully implemented for stationary CI
engines between 10 and 30 l/cyl. In the year 2030, the final rule would
reduce NOX emissions from stationary CI ICE between 10 and
30 l/cyl by an estimated 1,100 tpy, PM emissions by about 38 tpy, and
HC emissions by about 18 tpy. Emissions reductions were estimated for
the year 2030 to provide an estimate of what the reductions would be
once there has been substantial turnover in the engine fleet. The EPA
expects very few stationary CI ICE with a displacement of 30 l/cyl or
more to be installed per year, and no emissions reductions have been
estimated for these engines.

B. What are the cost impacts?

    The total costs of the final rule are based on the cost associated
with purchasing and installing controls on non-emergency stationary CI
ICE with a displacement between 10 and 30 l/cyl. The costs of
aftertreatment were based on information developed for CI marine
engines. Further information on how the EPA estimated the total costs
of the final rule can be found in a memorandum included in the docket
(Docket ID. No. EPA-HQ-OAR-2010-0295).
    The total national capital cost for the final rule is estimated to
be approximately $236,000 in the year 2018, with a total national
annual cost of $142,000 in the year 2018. The year 2018 is the first
year the emission standards would be fully implemented for stationary
CI engines between 10 and 30 l/cyl. The total national capital cost for
the final rule in the year 2030 is $235,000, with a total national
annual cost of $711,000. All of these costs are in 2009 dollars.

C. What are the economic impacts?

    The EPA expects that there will be less than a 0.001 percent
increase in price and a similar decrease in product demand associated
with this final rule for producers and consumers in 2018. For more
information, please refer to the economic impact analysis for this
rulemaking in the docket.

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

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

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

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

control numbers for the EPA's regulations in 40 CFR are listed in 40
CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
    For purposes of assessing the impacts of this final rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    For the electric power generation industry (NAICS 2211), the small
business size standard is an ultimate parent entity defined as having a
total electric output of 4 million megawatt-hours in the previous
fiscal year. The specific SBA size standard is identified for each
affected industry within the Economic Impact Analysis for the final
rule. In this case, the EPA presumes the affected engines will all be
located in the electric power generation industry.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities (SISNOSE).
The EPA estimates that only three firms are expected to incur costs
associated with this final rule, and only one of these firms is a small
entity. This small entity is expected to have annualized costs that are
less than 0.001 percent of its sales. Hence, the EPA concludes that
there is no SISNOSE for this rule.
    Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. When
developing the revised standards, EPA conducted several meetings with
industry trade associations to discuss regulatory options and the
corresponding burden on industry, such as recordkeeping and reporting.
The final rule requires the minimum level of testing, monitoring,
recordkeeping, and reporting to affected stationary ICE sources
necessary to ensure compliance. For more information on the small
entity impacts associated with the final rule, please refer to the
Economic Impact Analysis in the public docket at http://
www.regulations.gov. (Docket ID No. EPA-HQ-OAR-2010-0295).

D. Unfunded Mandates Reform Act of 1995

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

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action primarily affects
private industry, and does not impose significant economic costs on
State or local governments. Thus, Executive Order 13132 does not apply
to this action.

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

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

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

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

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

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

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs the EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, the
EPA did not consider the use of any voluntary consensus standards.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,

policies, and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The changes the Agency is finalizing in this action will
reduce emissions from certain stationary CI engines, which were
previously not controlled as stringently as now. Other changes the
Agency is finalizing have minimal effect on emissions.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The 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 this final 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 not a ``major rule'' as defined by 5 U.S.C.
804(2). This final rule will be effective on August 29, 2011.

List of Subjects

40 CFR Part 60

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

40 CFR Part 1039

    Administrative practice and procedure, Air pollution control.

40 CFR Part 1042

    Administrative practice and procedure, Air pollution control.

40 CFR Part 1065

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

40 CFR Part 1068

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

    Dated: June 8, 2011.
Lisa P. Jackson,
Administrator.
    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 IIII--[AMENDED]

0
2. Section 60.4200 is amended by revising paragraph (a) and adding
paragraph (e) to read as follows:

Sec.  60.4200  Am I subject to this subpart?

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

0
3. Section 60.4201 is amended by revising paragraph (d) and adding
paragraphs (e) through (g) to read as follows:

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

* * * * *
    (d) Stationary CI internal combustion engine manufacturers must
certify the following non-emergency stationary CI ICE to the
certification emission standards for new marine CI engines in 40 CFR
94.8, as applicable, for all pollutants, for the same displacement and
maximum engine power:
    (1) Their 2007 model year through 2012 non-emergency stationary CI
ICE with a displacement of greater than or equal to 10 liters per
cylinder and less than 30 liters per cylinder;
    (2) Their 2013 model year non-emergency stationary CI ICE with a
maximum engine power greater than or equal to 3,700 KW (4,958 HP) and a
displacement of greater than or equal to 10 liters per cylinder and
less than 15 liters per cylinder; and
    (3) Their 2013 model year non-emergency stationary CI ICE with a
displacement of greater than or equal to 15 liters per cylinder and
less than 30 liters per cylinder.
    (e) Stationary CI internal combustion engine manufacturers must
certify the following non-emergency stationary CI ICE to the
certification emission standards and other requirements for new marine
CI engines in 40 CFR 1042.101, 40 CFR 1042.107, 40 CFR 1042.110, 40 CFR
1042.115, 40 CFR 1042.120, and 40 CFR 1042.145, as applicable, for all
pollutants, for the same displacement and maximum engine power:
    (1) Their 2013 model year non-emergency stationary CI ICE with a
maximum engine power less than 3,700 KW (4,958 HP) and a displacement
of greater than or equal to 10 liters per cylinder and less than 15
liters per cylinder; and
    (2) Their 2014 model year and later non-emergency stationary CI ICE
with a displacement of greater than or equal to 10 liters per cylinder
and less than 30 liters per cylinder.
    (f) Notwithstanding the requirements in paragraphs (a) through (c)
of this section, stationary non-emergency CI ICE identified in
paragraphs (a) and (c) may be certified to the provisions of 40 CFR
part 94 or, if Table 1 to 40 CFR 1042.1 identifies 40 CFR part 1042 as

being applicable, 40 CFR part 1042, if the engines will be used solely
in either or both of the following locations:
    (1) Areas of Alaska not accessible by the Federal Aid Highway
System (FAHS); and
    (2) Marine offshore installations.
    (g) Notwithstanding the requirements in paragraphs (a) through (f)
of this section, stationary CI internal combustion engine manufacturers
are not required to certify reconstructed engines; however
manufacturers may elect to do so. The reconstructed engine must be
certified to the emission standards specified in paragraphs (a) through
(e) of this section that are applicable to the model year, maximum
engine power, and displacement of the reconstructed stationary CI ICE.
    4. Section 60.4202 is amended by removing and reserving paragraph
(c) and adding paragraphs (e) through (h) to read as follows:

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

* * * * *
    (c) [RESERVED]
* * * * *
    (e) Stationary CI internal combustion engine manufacturers must
certify the following emergency stationary CI ICE that are not fire
pump engines to the certification emission standards for new marine CI
engines in 40 CFR 94.8, as applicable, for all pollutants, for the same
displacement and maximum engine power:
    (1) Their 2007 model year through 2012 emergency stationary CI ICE
with a displacement of greater than or equal to 10 liters per cylinder
and less than 30 liters per cylinder;
    (2) Their 2013 model year and later emergency stationary CI ICE
with a maximum engine power greater than or equal to 3,700 KW (4,958
HP) and a displacement of greater than or equal to 10 liters per
cylinder and less than 15 liters per cylinder;
    (3) Their 2013 model year emergency stationary CI ICE with a
displacement of greater than or equal to 15 liters per cylinder and
less than 30 liters per cylinder; and
    (4) Their 2014 model year and later emergency stationary CI ICE
with a maximum engine power greater than or equal to 2,000 KW (2,682
HP) and a displacement of greater than or equal to 15 liters per
cylinder and less than 30 liters per cylinder.
    (f) Stationary CI internal combustion engine manufacturers must
certify the following emergency stationary CI ICE to the certification
emission standards and other requirements applicable to Tier 3 new
marine CI engines in 40 CFR 1042.101, 40 CFR 1042.107, 40 CFR 1042.115,
40 CFR 1042.120, and 40 CFR 1042.145, for all pollutants, for the same
displacement and maximum engine power:
    (1) Their 2013 model year and later emergency stationary CI ICE
with a maximum engine power less than 3,700 KW (4,958 HP) and a
displacement of greater than or equal to 10 liters per cylinder and
less than 15 liters per cylinder; and
    (2) Their 2014 model year and later emergency stationary CI ICE
with a maximum engine power less than 2,000 KW (2,682 HP) and a
displacement of greater than or equal to 15 liters per cylinder and
less than 30 liters per cylinder.
    (g) Notwithstanding the requirements in paragraphs (a) through (d)
of this section, stationary emergency CI internal combustion engines
identified in paragraphs (a) and (c) may be certified to the provisions
of 40 CFR part 94 or, if Table 2 to 40 CFR 1042.101 identifies Tier 3
standards as being applicable, the requirements applicable to Tier 3
engines in 40 CFR part 1042, if the engines will be used solely in
either or both of the following locations:
    (1) Areas of Alaska not accessible by the FAHS; and
    (2) Marine offshore installations.
    (h) Notwithstanding the requirements in paragraphs (a) through (f)
of this section, stationary CI internal combustion engine manufacturers
are not required to certify reconstructed engines; however
manufacturers may elect to do so. The reconstructed engine must be
certified to the emission standards specified in paragraphs (a) through
(f) of this section that are applicable to the model year, maximum
engine power and displacement of the reconstructed emergency stationary
CI ICE.

0
5. Section 60.4203 is revised to read as follows:

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

    Engines manufactured by stationary CI internal combustion engine
manufacturers must meet the emission standards as required in
Sec. Sec.  60.4201 and 60.4202 during the certified emissions life of
the engines.

0
6. Section 60.4204 is amended by revising paragraph (c) and adding
paragraphs (d) and (e) to read as follows:

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

* * * * *
    (c) Owners and operators of non-emergency stationary CI engines
with a displacement of greater than or equal to 30 liters per cylinder
must meet the following requirements:
    (1) For engines installed prior to January 1, 2012, limit the
emissions of NOX in the stationary CI internal combustion
engine exhaust to the following:
    (i) 17.0 grams per kilowatt-hour (g/KW-hr) (12.7 grams per
horsepower-hr (g/HP-hr)) when maximum engine speed is less than 130
revolutions per minute (rpm);
    (ii) 45 [middot] n-0.2 g/KW-hr (34 [middot]
n-0.2 g/ HP-hr) when maximum engine speed is 130 or more but
less than 2,000 rpm, where n is maximum engine speed; and
    (iii) 9.8 g/KW-hr (7.3 g/HP-hr) when maximum engine speed is 2,000
rpm or more.
    (2) For engines installed on or after January 1, 2012 and before
January 1, 2016, limit the emissions of NOX in the
stationary CI internal combustion engine exhaust to the following:
    (i) 14.4 g/KW-hr (10.7 g/HP-hr) when maximum engine speed is less
than 130 rpm;
    (ii) 44 [middot] n-0.23 g/KW-hr (33 [middot]
n-0.23 g/HP-hr) when maximum engine speed is greater than or
equal to 130 but less than 2,000 rpm and where n is maximum engine
speed; and
    (iii) 7.7 g/KW-hr (5.7 g/HP-hr) when maximum engine speed is
greater than or equal to 2,000 rpm.
    (3) For engines installed on or after January 1, 2016, limit the
emissions of NOX in the stationary CI internal combustion
engine exhaust to the following:
    (i) 3.4 g/KW-hr (2.5 g/HP-hr) when maximum engine speed is less
than 130 rpm;
    (ii) 9.0 [middot] n-0.20 g/KW-hr (6.7 [middot]
n-0.20 g/HP-hr) where n (maximum engine speed) is 130 or
more but less than 2,000 rpm; and
    (iii) 2.0 g/KW-hr (1.5 g/HP-hr) where maximum engine speed is
greater than or equal to 2,000 rpm.
    (4) Reduce particulate matter (PM) emissions by 60 percent or more,
or limit the emissions of PM in the stationary CI internal combustion
engine exhaust to 0.15 g/KW-hr (0.11 g/HP-hr).
    (d) Owners and operators of non-emergency stationary CI ICE with a
displacement of less than 30 liters per cylinder who conduct
performance tests

in-use must meet the not-to-exceed (NTE) standards as indicated in
Sec.  60.4212.
    (e) Owners and operators of any modified or reconstructed non-
emergency stationary CI ICE subject to this subpart must meet the
emission standards applicable to the model year, maximum engine power,
and displacement of the modified or reconstructed non-emergency
stationary CI ICE that are specified in paragraphs (a) through (d) of
this section.

0
7. Section 60.4205 is amended by revising paragraphs (a) and (d) and
adding paragraphs (e) and (f) to read as follows:

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

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

0
8. Section 60.4206 is revised to read as follows:

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

    Owners and operators of stationary CI ICE must operate and maintain
stationary CI ICE that achieve the emission standards as required in
Sec. Sec.  60.4204 and 60.4205 over the entire life of the engine.

0
9. Section 60.4207 is amended by revising paragraph (b), removing and
reserving paragraph (c), and revising paragraph (d) to read as follows:

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

* * * * *
    (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 purchase diesel fuel that
meets the requirements of 40 CFR 80.510(b) for nonroad diesel fuel.
    (c) [RESERVED]
    (d) Beginning June 1, 2012, owners and operators of stationary CI
ICE subject to this subpart with a displacement of greater than or
equal to 30 liters per cylinder are no longer subject to the
requirements of paragraph (a) of this section, and must use fuel that
meets a maximum per-gallon sulfur content of 1,000 parts per million
(ppm).
* * * * *

0
10. Section 60.4208 is amended by revising the section heading,
revising paragraphs (g) and (h), and adding paragraph (i) to read as
follows:

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

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

0
11. Section 60.4209 is amended by revising paragraph (a) to read as
follows:

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

* * * * *
    (a) If you are an owner or operator of an emergency stationary CI
internal combustion engine that does not meet the standards applicable
to non-emergency engines, you must install a non-resettable hour meter
prior to startup of the engine.
* * * * *

0
12. Section 60.4210 is amended by:
0
(a) Revising paragraph (b);
0
(b) Revising paragraph (c) introductory text;
0
(c) Revising paragraph (c)(3)(i);
0
(d) Revising paragraph (c)(3)(ii); and
0
(e) Revising paragraph (d) to read as follows:

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

* * * * *
    (b) Stationary CI internal combustion engine manufacturers must
certify their stationary CI ICE with a displacement of greater than or
equal to 10 liters per cylinder and less than 30 liters per

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

0
13. Section 60.4211 is amended:
0
(a) By revising paragraph (a);
0
(b) By revising the second sentence in paragraph (c);
0
(c) By redesignating paragraph (e) as paragraph (f);
0
(d) By adding a new paragraph (e);
0
(e) By revising newly redesignated paragraph (f); and
0
(f) By adding paragraph (g) to read as follows:

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

    (a) If you are an owner or operator and must comply with the
emission standards specified in this subpart, you must do all of the
following, except as permitted under paragraph (g) of this section:
    (1) Operate and maintain the stationary CI internal combustion
engine and control device according to the manufacturer's emission-
related written instructions;
    (2) Change only those emission-related settings that are permitted
by the manufacturer; and
    (3) Meet the requirements of 40 CFR parts 89, 94 and/or 1068, as
they apply to you.
* * * * *
    (c) * * * The engine must be installed and configured according to
the manufacturer's emission-related specifications, except as permitted
in paragraph (g) of this section.
* * * * *
    (e) If you are an owner or operator of a modified or reconstructed
stationary CI internal combustion engine and must comply with the
emission standards specified in Sec.  60.4204(e) or Sec.  60.4205(f),
you must demonstrate compliance according to one of the methods
specified in paragraphs (e)(1) or (2) of this section.
    (1) Purchasing, or otherwise owning or operating, an engine
certified to the emission standards in Sec.  60.4204(e) or Sec.
60.4205(f), as applicable.
    (2) Conducting a performance test to demonstrate initial compliance
with the emission standards according to the requirements specified in
Sec.  60.4212 or Sec.  60.4213, as appropriate. The test must be
conducted within 60 days after the engine commences operation after the
modification or reconstruction.
    (f) Emergency stationary ICE may be operated for the purpose of
maintenance checks and readiness testing, provided that the tests are
recommended by Federal, State or local government, the manufacturer,
the vendor, or the insurance company associated with the engine.
Maintenance checks and readiness testing of such units is limited to
100 hours per year. There is no time limit on the use of emergency
stationary ICE in emergency situations. The owner or operator may
petition the Administrator for approval of additional hours to be used
for maintenance checks and readiness testing, but a petition is not
required if the owner or operator maintains records indicating that
Federal, State, or local standards require maintenance and testing of
emergency ICE beyond 100 hours per year. Emergency stationary ICE may
operate up to 50 hours per year in non-emergency situations, but those
50 hours are counted towards the 100 hours per year provided for
maintenance and testing. The 50 hours per year for non-emergency
situations cannot be used for peak shaving or to generate income for a
facility to supply power to an electric grid or otherwise supply non-
emergency power as part of a financial arrangement with another entity.
For owners and operators of emergency engines, any operation other than
emergency operation, maintenance and testing, and operation in non-
emergency situations for 50 hours per year, as permitted in this
section, is prohibited.
    (g) If you do not install, configure, operate, and maintain your
engine and control device according to the manufacturer's emission-
related written instructions, or you change emission-related settings
in a way that is not permitted by the manufacturer, you must
demonstrate compliance as follows:
    (1) If you are an owner or operator of a stationary CI internal
combustion engine with maximum engine power less than 100 HP, you must
keep a maintenance plan and records of conducted maintenance to
demonstrate compliance and must, to the extent practicable, maintain
and operate the engine in a manner consistent with good air pollution
control practice for minimizing emissions. In addition, if you do not
install and configure the engine and control device according to the
manufacturer's emission-related written instructions, or you change the
emission-related settings in a way that is not permitted by the
manufacturer, you must conduct an initial performance test to
demonstrate compliance with the applicable emission standards within 1
year of such action.
    (2) If you are an owner or operator of a stationary CI internal
combustion engine greater than or equal to 100 HP and less than or
equal to 500 HP, you must keep a maintenance plan and records of
conducted maintenance and must, to the extent practicable, maintain

and operate the engine in a manner consistent with good air pollution
control practice for minimizing emissions. In addition, you must
conduct an initial performance test to demonstrate compliance with the
applicable emission standards within 1 year of startup, or within 1
year after an engine and control device is no longer installed,
configured, operated, and maintained in accordance with the
manufacturer's emission-related written instructions, or within 1 year
after you change emission-related settings in a way that is not
permitted by the manufacturer.
    (3) If you are an owner or operator of a stationary CI internal
combustion engine greater than 500 HP, you must keep a maintenance plan
and records of conducted maintenance and must, to the extent
practicable, maintain and operate the engine in a manner consistent
with good air pollution control practice for minimizing emissions. In
addition, you must conduct an initial performance test to demonstrate
compliance with the applicable emission standards within 1 year of
startup, or within 1 year after an engine and control device is no
longer installed, configured, operated, and maintained in accordance
with the manufacturer's emission-related written instructions, or
within 1 year after you change emission-related settings in a way that
is not permitted by the manufacturer. You must conduct subsequent
performance testing every 8,760 hours of engine operation or 3 years,
whichever comes first, thereafter to demonstrate compliance with the
applicable emission standards.

0
14. Section 60.4212 is amended by revising the introductory text and
paragraph (a) and adding paragraph (e) to read as follows:

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

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

0
15. Section 60.4213 is amended by revising the introductory text to
read as follows:

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 (f) of this
section.
* * * * *

0
16. Section 60.4215 is amended by revising paragraph (a) and adding
paragraph (c) to read as follows:

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

    (a) Stationary CI ICE with a displacement of less than 30 liters