[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Proposed Rules]
[Pages 68808-68815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28342]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2014-0866; FRL-9935-90-OAR]
RIN 2060-AS43
Standards of Performance for Stationary Compression Ignition
Internal Combustion Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing
amendments to the standards of performance for stationary compression
ignition (CI) internal combustion engines to allow manufacturers to
design the engines so that operators can temporarily override
performance inducements related to the emission control system for
stationary CI internal combustion engines operating during emergency
situations where the operation of the engine or equipment is needed to
protect human life, and to require compliance with Tier 1 emission
standards during such emergencies. The EPA is also proposing to amend
the standards of performance for certain stationary CI internal
combustion engines located in remote areas of Alaska.
DATES: Comments must be received on or before December 21, 2015.
Public hearing. If anyone contacts us requesting to speak at a
public hearing by November 13, 2015, a public hearing will be held on
November 23, 2015. If you are interested in attending the public
hearing, contact Ms. Melanie King at (919) 541-2469 or
[email protected] to verify that a hearing will be held.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0866, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. The
EPA may publish any comment received to its public docket. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
The EPA requests that you also submit a separate copy of your
comments to the contact person identified below (see FOR FURTHER
INFORMATION CONTACT). If the comment includes information you consider
to be CBI or otherwise protected, you should send a copy of the comment
that does not contain the information claimed as CBI or otherwise
protected.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. The EPA also relies on materials in Docket
ID Nos. EPA-HQ-OAR-2008-0708, EPA-HQ-OAR-2010-0295, and EPA-HQ-OAR-
2011-1032, and incorporates those dockets into the record for this
proposed rule.
Although listed in the index, some information is not publicly
available (e.g., CBI or other information whose disclosure is
restricted by statute). Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
http://www.regulations.gov or in hard copy at the EPA Docket Center,
EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding federal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Air Docket is (202) 566-1742. Visit the EPA Docket
Center homepage at http://www.epa.gov/epahome/dockets.htm for
additional information about the EPA's public docket.
In addition to being available in the docket, an electronic copy of
this proposed rule will be available on the World Wide Web (WWW).
Following signature, a copy of this proposed rule will be posted at the
following address: http://www.epa.gov/ttn/atw/icengines/.
Public hearing: If anyone contacts the EPA requesting a public
hearing by November 13, 2015, the public hearing will be held on
November 23, 2015 at the EPA's campus at 109 T.W. Alexander Drive,
Research Triangle Park, North Carolina. Please contact Ms. Melanie King
at (919) 541-2469 or at [email protected] to register to speak at
the hearing or to inquire as to whether or not a hearing will be held.
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: (919) 541-2469; facsimile number: (919) 541-5450;
email address: [email protected].
SUPPLEMENTARY INFORMATION:
Organization of this document. The information presented in this
preamble is organized as follows:
I. General Background
II. Temporary Override of Inducements in Emergency Situations
A. Background
B. Proposed Amendments
III. Remote Areas of Alaska
A. Background
B. Proposed Amendments
IV. Impacts of the Proposed Action
A. Economic Impacts
B. Environmental Impacts
V. 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 (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
I. National Technology Transfer and Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. General Background
On July 11, 2006, the EPA promulgated standards of performance
[[Page 68809]]
for stationary CI internal combustion engines (71 FR 39154). These
standards, known as new source performance standards (NSPS), implement
section 111(b) of the Clean Air Act (CAA), and are issued for
categories of sources that cause, or contribute significantly to, air
pollution that may reasonably be anticipated to endanger public health
or welfare. The standards apply to new stationary sources of emissions,
i.e., sources whose construction, reconstruction, or modification
begins after a standard for those sources is proposed. The NSPS for
stationary CI internal combustion engines established limits on
emissions of particulate matter (PM), nitrogen oxides (NOX),
carbon monoxide (CO) and non-methane hydrocarbons (NMHC). The emission
standards are generally modeled after the EPA's standards for nonroad
and marine diesel engines. The nonroad CI engine standards are phased
in over several years and have Tiers with increasing levels of
stringency. The engine model year in which the Tiers take effect varies
for different size ranges of engines. The Tier 4 final standards for
new stationary non-emergency and nonroad CI engines generally begin
with either the 2014 or 2015 model year.
In 2011, the EPA finalized revisions to the NSPS for stationary CI
engines that amended the standards for engines with a displacement
greater than 10 liters per cylinder, and also for engines located in
remote areas of Alaska (76 FR 37954). In this action, the EPA is
proposing amendments to the NSPS regarding performance inducements for
Tier 4 engines and the criteria for defining remote areas of Alaska.
The proposed amendments are discussed below.
II. Temporary Override of Inducements in Emergency Situations
A. Background
Many Tier 4 final engines are equipped by the engine manufacturer
with selective catalytic reduction (SCR) to reduce emissions of
NOX. The consumable reactant in an SCR system is typically
supplied as a solution of urea in water known as diesel exhaust fluid
(DEF). Engines equipped with SCR generally include controls that limit
the function of the engines if they are operated without DEF, or if the
engine's electronic control module cannot otherwise confirm that the
SCR system is properly operating. Such controls are generally called
``inducements'' because they induce the operator to properly maintain
the SCR emission control system. In normal circumstances, if
inducements begin, the engine operator is expected to perform any
necessary maintenance to avoid shutdown. Manufacturers as well as
owners and operators of nonroad and stationary CI Tier 4 certified
engines have raised concerns regarding the inducements being triggered
and engines shutting down during emergency situations. Triggers could
include a temporary supply shortage of DEF, a freeze warning, a blocked
DEF hose, or a disconnected or faulty DEF pump or sensor. These
inducements can be triggered because of an actual emission problem
(such as a blocked DEF line or an empty DEF tank), or because of a
sensor problem that reports a false positive problem even though the
emission controls are still functioning properly. While the EPA is
confident that DEF is now widely available and easily obtainable across
the United States, the EPA is concerned that in emergency
circumstances, such as the aftermath of storms like Hurricane Sandy or
Hurricane Katrina, there may be a possibility of temporary disruptions
in DEF supply, disruptions in communications between operators and
service centers, or delays in response time for engine repair service.
In an emergency situation, allowing inducements to impact engine
performance may endanger human lives for engines that are providing
life-saving emergency service, such as engines providing emergency
power for a hospital. As an example, the Johns Hopkins Health System
indicated that the availability of emergency power ``can be the
difference between life and death for critically ill patients.
Disruption of emergency power for any reason could have catastrophic
results for patients in surgery, for patients on respirators, and for
patients receiving medical gases, to name a few.'' (See Docket ID No.
EPA-HQ-OAR-2014-0866.)
The EPA's existing nonroad and stationary engine compliance
regulations in 40 CFR 1068.101(b)(1)(ii) allow operators to temporarily
disable or remove emission controls to address emergency situations,
with a limited exemption from the prohibition that normally applies for
tampering with certified engines.\1\ However, until recently, the
regulations did not allow manufacturers to design the emission controls
to be disabled or removed in emergency situations. With modern
electronically controlled engines, many emission controls are
integrated into the engine's control software, and there is no way for
the operator to selectively disable emission control software, while
maintaining engine function. In order to permit engine manufacturers to
design the emission controls to be disabled or removed in emergency
situations, the EPA amended the emission standards for nonroad CI
engines to allow manufacturers of nonroad CI engines to give operators
the means to temporarily override inducements while operating in
emergency situations (79 FR 46356, August 8, 2014). At that time, the
EPA indicated that the amendments did not apply to stationary CI
engines. Engine manufacturers and owners and operators of stationary CI
engines have indicated that it would be appropriate to extend the
provisions to stationary CI engines, since they can also be used in
emergency situations, and many engines are dual-certified for both
nonroad and stationary use. To address concerns about stationary CI
engines shutting down during emergency situations and endangering human
lives, the EPA is proposing in this action to allow manufacturers of
stationary CI engines certified to the Tier 4 standards to give
operators the means to temporarily override inducements while operating
in qualified emergency situations. The EPA is also proposing to require
engine operators to meet the Tier 1 emission standard in 40 CFR 89.112
that applies to the engine's rated power during the qualified emergency
situation. The specific amendments the EPA is proposing are discussed
in more detail below. If adopted, these provisions will make available
stationary engines that will allow operators to use the flexibility
already provided under 40 CFR 1068.101(b)(1)(ii) to ensure that
emission controls will not impede the engine from providing life-saving
emergency service. The flexibility the EPA is adopting is very narrow
and contains several provisions to ensure the need for the relief.
---------------------------------------------------------------------------
\1\ ``This [tampering] prohibition does not apply in any of the
following situations: . . . (ii) You need to modify the engine/
equipment to respond to a temporary emergency and you restore it to
proper functioning as soon as possible.'' 40 CFR 1068.101(b)(1)(ii).
---------------------------------------------------------------------------
B. Proposed Amendments
As discussed previously, on August 8, 2014, the EPA promulgated
provisions allowing manufacturers of nonroad engines certified to the
emission standards in 40 CFR part 1039 to give operators the means to
temporarily override emission control inducements while operating in
emergency situations, such as those where operation of the engine is
needed to protect human life (79 FR 46356). These provisions, which are
codified in 40 CFR 1039.665, allow for auxiliary emission control
devices (AECDs) that help to ensure proper function of
[[Page 68810]]
engines in emergency situations. AECDs are any element of design that
senses temperature, motive speed, engine revolutions per minute,
transmission gear, or any other parameter for the purpose of
activating, modulating, delaying, or deactivating the operation of any
part of the emission control system. The provisions of 40 CFR 1039.665
allow the engine manufacturer to include a dormant feature in the
engine's control software that could be activated to override emission
control inducements. In this action, the EPA is proposing to adopt
those same provisions for stationary CI engines certified to the
standards in 40 CFR part 1039 and used in qualified emergency
situations. It is important to emphasize that the EPA is confident that
Tier 4 engines will function properly in the vast majority of emergency
situations. Thus, the EPA expects that AECDs allowed under this
proposed provision will rarely be activated. The EPA is proposing this
provision merely as a precaution to ensure that stationary CI engines
can continue to operate in emergencies.
The proposed amendments allow engine manufacturers to design into
their stationary CI engines a dormant AECD that can be activated for up
to 120 engine hours per use during a qualified emergency situation to
prevent emission controls from interfering with engine operation. The
EPA is proposing that engine manufacturers can offer, and operators can
request, re-activations of the AECD for additional time in increments
of 120 engine hours in cases of a prolonged emergency situation. During
the emergency situation, the engine must meet the Tier 1 emission
standard in 40 CFR 89.112 that applies to the engine's rated power.
Operators activating the AECD will be required to report the incident
to the engine manufacturers, and engine manufacturers will submit an
annual report to the EPA summarizing the use of these AECDs during the
prior year. These proposed amendments are discussed in more detail
below.
1. Definition of Qualified Emergency Situation
The EPA is proposing to use the definition of qualified emergency
situation established in the August 8, 2014, amendments for nonroad
engines. This definition is found in the introductory text to 40 CFR
1039.665, and specifies that a qualified emergency situation is one in
which the condition of an engine's emission controls poses a
significant direct or indirect risk to human life. An example of a
direct risk would be an emission control condition that inhibits the
performance of an engine being used to rescue a person from a life-
threatening situation (for example, providing power to a medical
facility during an emergency situation). An example of an indirect risk
would be an emission control condition that inhibits the performance of
an engine being used to provide electrical power to a data center that
routes ``911'' emergency response telecommunications.
2. Basic AECD Criteria
Section 1039.665 specifies provisions allowing for AECDs that are
necessary to ensure proper function of engines and equipment in
emergency situations. It also includes specific criteria that the
engine manufacturer must meet to ensure that any adverse environmental
impacts are minimized. These criteria are:
The AECD must be designed so that it cannot be activated
more than once without the specific permission of the certificate
holder. Reactivation of the AECD must require the input of a temporary
code or equivalent security feature.
The AECD must become inactive within 120 engine hours of
becoming active. The engine must also include a feature that allows the
operator to deactivate the AECD once the emergency is over.
The manufacturer must show that the AECD deactivates
emission controls (such as inducement strategies) only to the extent
necessary to address the expected emergency situation.
The engine controls must be configured to record in non-
volatile electronic memory the total number of activations of the AECD
for each engine.
The manufacturer must take appropriate additional steps to
induce operators to report AECD activation and request resetting of the
AECD. The EPA recommends including one or more persistent visible and/
or audible alarms that are active from the point when the AECD is
activated to the point when it is reset.
The manufacturer must provide purchasers with instructions
on how to activate the AECD in emergency situations, as well as
information about penalties for abuse.
3. Emission Standards During Qualified Emergency Situations
The EPA is proposing to require stationary CI engines to meet
different emission standards for the very narrow period of operation
where there is an emergency situation with a risk to human life and the
owner or operator is warned that the inducement is about to occur. The
EPA is proposing that the emission standards that apply when the AECD
is activated during the qualified emergency situation are the Tier 1
standards in 40 CFR 89.112. Engine manufacturers indicated that meeting
the Tier 2 or 3 standards in 40 CFR 89.112 is not feasible because the
base engine used in Tier 4 configurations does not have exhaust gas
recirculation (EGR), which is the engine design technology used to meet
the Tier 2 and 3 standards. The EGR is not needed for Tier 4 because
NOX is controlled by the SCR.\2\ The Tier 1 requirement
applies only when there is a qualified emergency situation and bypass
of inducements is necessary to ensure continued operation of the
engine. Once the emergency situation has ended and the AECD is
deactivated, the engine must comply with the otherwise applicable
emission standard specified in 40 CFR 60.4202. Engine manufacturers
must provide data demonstrating that the engine complies with the Tier
1 standard when the AECD is activated when applying for certification
of an engine equipped with an AECD.
---------------------------------------------------------------------------
\2\ See Docket Id No. EPA-HQ-OAR-2014-0866.
---------------------------------------------------------------------------
4. Approval, Recordkeeping and Reporting for Engine Manufacturers
Manufacturers may ask for approval of the use of emergency AECDs at
any time; however, the EPA encourages manufacturers to obtain
preliminary approval before submitting an application for
certification. Otherwise, the EPA's review of the AECD, which may
include many unique features, may delay the approval of the application
for certification.
The manufacturer is required to keep records to document the use of
emergency AECDs until the end of the calendar year 5 years after the
onset of the relevant emergency situation. The manufacturer must submit
an annual compliance report to the EPA within 90 calendar days of the
end of each calendar year in which it authorizes use of an AECD. The
annual report must include a description of each AECD activation and
copies of the reports submitted by owners or operators (or statements
that an owner or operator did not submit a report, to the extent of the
manufacturer's knowledge). If an owner or operator fails to report the
use of an emergency AECD to the manufacturer, the manufacturer, to the
extent it has been made aware of the AECD activation, must send written
notification to the operator that failure to meet the submission
requirements may subject the operator to penalties.
[[Page 68811]]
5. Engine Owner or Operator Requirements
Owners or operators who purchase engines with this dormant feature
will receive instructions from the engine manufacturer on how to
activate the AECD in qualified emergency situations, as well as
information about penalties for abuse. The EPA would consider
appropriate use of this feature to be during a situation where
operation of a stationary CI engine is needed to protect human life (or
where impaired operation poses a significant direct or indirect risk to
human life), and temporarily overriding emission controls enables full
operation of the equipment. The EPA is adopting this provision to give
operators the means to obtain short-term relief one time without the
need to contact the engine manufacturer or the EPA. In a qualified
emergency situation, delaying the activation to obtain approval could
put lives at risk, and would be unacceptable. However, the EPA retains
the authority to evaluate, after the fact, whether it was reasonable to
judge that there was a significant risk to human life to justify the
activation of the AECD. Where the EPA determines that it was not
reasonable to judge (1) that there was a significant risk to human
life; or (2) that the emission control strategy was curtailing the
ability of the engine to perform, the owner or operator may be subject
to penalties for tampering with emission controls. The owner or
operator requirements also include a specific prohibition on operating
the engine with the AECD beyond the time reasonably needed for such
operation. The owner or operator may also be subject to penalties for
tampering if they continue to operate the engine with the AECD once the
emergency situation has ended or the problem causing the emission
control strategy to interfere with the performance of the engine has
been or can reasonably be fixed. Nevertheless, the EPA will consider
the totality of the circumstances when assessing penalties, and retain
discretion to reduce penalties where the EPA determines that an owner
or operator acted in good faith.
The owner or operator must send a written report to the engine
manufacturer within 60 calendar days after activating an emergency
AECD. If any consecutive reactivations occur, this report is still due
60 calendar days from the first activation. The report must include:
Contact name, mail and email addresses, and telephone
number for the responsible company or entity.
A description of the emergency situation, the location of
the engine during the emergency, and the contact information for an
official who can verify the emergency situation (such as a county
sheriff, fire marshal, or hospital administrator).
The reason for AECD activation during the emergency
situation, such as the lack of DEF, or the failure of an emission-
related sensor when the engine was needed to respond to an emergency
situation.
The engine's serial number (or equivalent).
A description of the extent and duration of the engine
operation while the AECD was active, including a statement describing
whether or not the AECD was manually deactivated after the emergency
situation ended.
Paragraph 1039.665(g) specifies that failure to provide this
information to the engine manufacturer within the deadline is improper
use of the AECD and is prohibited.
III. Remote Areas of Alaska
A. Background
1. Original Request From the State of Alaska
The 2006 final NSPS for CI internal combustion engines included a
provision that allowed the state of Alaska to submit for EPA approval
through rulemaking process an alternative plan for implementing the
requirements of the NSPS for public-sector electric utilities located
in rural areas of Alaska not accessible by the Federal Aid Highway
System (FAHS). The alternative plan was required to be based on the
requirements of section 111 of the CAA, including any increased risks
to human health and the environment, and was also required 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 communicated with officials from the state of Alaska on
several occasions following the promulgation of the 2006 final rule. On
October 31, 2008, the EPA received Alaska's request for several
revisions to the NSPS as it pertained to engines located in the remote
part of Alaska not served by the FAHS.\3\ After reviewing the
information provided by the state of Alaska, the EPA agreed that the
circumstances in remote Alaska required special rules. On June 28,
2011, the EPA promulgated several amendments for engines used in remote
Alaska (76 FR 37954). The amendments of relevance for this action are
as follows:
---------------------------------------------------------------------------
\3\ Docket item No. EPA-HQ-OAR-2010-0295-0012.
---------------------------------------------------------------------------
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;
Removing requirements to meet emission standards that
would necessitate the use of aftertreatment devices for NOX,
in particular, SCR, for engines used in remote Alaska (emission
standards that are not based on the use of aftertreatment devices for
NOX do apply);
Removing requirements to meet emission standards that
would necessitate the use of 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 parts per million (ppm) and the
used lubricating oil is ``on-spec,'' i.e., it meets the on-
specification levels and properties of 40 CFR 279.11.
In support of its October 31, 2008, request, the state of Alaska
noted that 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.
The state of Alaska noted 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 indicated that they have noticed great reductions in heat
recovery when using Tier 3 non-marine engines. The state noted that
reductions in fuel efficiency will lead to greater fuel use and greater
emissions from burning extra heating oil. The EPA agreed with the state
that there are significant benefits from using marine engines, and
finalized a revision allowing engines in remote Alaska to use marine-
certified engines. However, as the state of Alaska noted, marine-
certified engines,
[[Page 68812]]
particularly those below 800 horsepower (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 required that owners and operators of 2014 model year and later
engines in remote areas of Alaska 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.
The original request from the state of Alaska noted particular
concern 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 DEF 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 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. The
availability of DEF in remote villages 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 DEF are 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 DEF
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 agreed with the
state of Alaska's argument that it is inappropriate to require such
standards for stationary engines in remote Alaska \4\ and amended the
NSPS for stationary CI internal combustion engines to specify that
owners and operators of new stationary engines in remote areas of
Alaska do not have to meet the Tier 4 standards for NOX.
However, owners and operators of model year 2014 and later engines that
do not meet the Tier 4 p.m. standards would be required to use PM
aftertreatment that achieves PM reductions of at least 85 percent. The
use of PM aftertreatment will also achieve reductions in CO and NMHC.
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
Finally, regarding allowing owners and operators to blend up to
1.75 percent used oil into the fuel system, the state noted 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 acknowledged the need for engines equipped
with aftertreatment devices to use fuel meeting the sulfur
requirements. The EPA agreed 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 finalized 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.
2. New Request From the State of Alaska
On November 28, 2014, the EPA received a new request from the state
of Alaska, which can be found in the docket for this rulemaking. The
request asked that the EPA revise the criteria for remote areas of
Alaska, which were established in the 2011 amendments as areas that are
not accessible by the FAHS, to also include areas that are accessible
by the FAHS, but face similar challenges to areas that are not
accessible. The letter recommended that the EPA adopt the same
definition for remote areas of Alaska in the NSPS that was adopted in
the 2013 amendments to the National Emission Standards for Hazardous
Air Pollutants (NESHAP) for Reciprocating Internal Combustion Engines
(RICE), which can be found at 40 CFR part 63, subpart ZZZZ. The RICE
NESHAP definition specifies that engines in areas that are accessible
by the FAHS can be considered remote if each of the following
conditions is met: (1) The only connection to the FAHS is through the
Alaska Marine Highway System, or the stationary CI engine operation is
within an isolated grid in Alaska that is not connected to the
statewide electrical grid referred to as the Alaska Railbelt Grid; (2)
at least 10 percent of the power generated by the engine on an annual
basis is used for residential purposes; and (3) the generating capacity
of the facility is less than 12 megawatts, or the engine is used
exclusively for backup power for renewable energy.\5\
---------------------------------------------------------------------------
\5\ See 40 CFR 63.6603(b).
---------------------------------------------------------------------------
The state of Alaska provided information in a March 2, 2015, letter
to the EPA to show that the communities in these additional FAHS-
accessible areas face similar challenges to the communities in areas
that are not accessible by the FAHS, and that the concerns that led to
the 2011 amendments to the NSPS are also valid for the additional
areas. As discussed previously, these challenges include
inaccessibility, expense for DEF transport and storage, risk of engine
shutdown, shortage of trained operators, and availability and cost of
Tier 4 engines. The state noted that some of the communities are only
accessible by road for a few months each year, or only by weekly ferry
service; the alternative travel method is by floatplane. Thus, the
delivery of DEF and the travel for engine service technicians to these
areas would be much more costly than for areas that are not remote. The
need to heat the DEF in the communities with a severe arctic climate
would divert heat that is routinely used for space heating. Communities
in these areas rely on diesel engines for electricity and heating,
similar to the communities that are in areas that are not accessible by
the FAHS, and failure of the engine to operate due to a shortage of DEF
could present a risk to human life. The communities also have
difficulty finding and retaining trained operators for the engines and
aftertreatment devices, according to the state of Alaska.\6\
---------------------------------------------------------------------------
\6\ The state noted in its letter that nonroad engines are
typically brought in temporarily by contractors and, therefore, the
concerns raised for stationary engines are not necessarily
applicable for nonroad engines.
---------------------------------------------------------------------------
[[Page 68813]]
Based on the information provided by the state, the EPA agrees that
the circumstances that warranted different emission standards for new
stationary CI internal combustion engines in areas of Alaska that are
not accessible by the FAHS are also present in the additional FAHS-
accessible remote areas identified in the RICE NESHAP definition.
B. Proposed Amendments
The EPA is proposing an amendment to the NSPS for stationary CI
internal combustion engines that would align the definition of remote
areas of Alaska with the definition currently used in the RICE NESHAP.
The amendments specify that engines in areas that are accessible by the
FAHS can be considered remote if each of the following conditions is
met: (1) The only connection to the FAHS is through the Alaska Marine
Highway System, or the stationary CI engine operation is within an
isolated grid in Alaska that is not connected to the statewide
electrical grid referred to as the Alaska Railbelt Grid; (2) at least
10 percent of the power generated by the engine on an annual basis is
used for residential purposes; and (3) the generating capacity of the
facility is less than 12 megawatts, or the engine is used exclusively
for backup power for renewable energy. The Alaska Railbelt Grid is
defined as the service areas of the six regulated public utilities that
extend from Fairbanks to Anchorage and the Kenai Peninsula. These
utilities are Golden Valley Electric Association; Chugach Electric
Association; Matanuska Electric Association; Homer Electric
Association; Anchorage Municipal Light & Power; and the City of Seward
Electric System.
The following provisions that are currently present in the NSPS for
stationary CI internal combustion engines for engines that are located
in areas of Alaska that are not accessible by the FAHS will be extended
to stationary CI internal combustion engines located in the areas
identified above:
Exemption for all pre-2014 model year engines from diesel
fuel sulfur requirements;
Allowance for owners and operators of stationary CI
engines to use engines certified to marine engine standards, rather
than land-based nonroad engine standards;
No requirement to meet emission standards that would
necessitate the use of aftertreatment devices for NOX, in
particular, SCR (emission standards that are not based on the use of
aftertreatment devices for NOX will apply);
No requirement to meet emission standards that would
necessitate the use of aftertreatment devices for PM until the 2014
model year; and
Allowance for 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.
IV. Impacts of the Proposed Action
A. Economic Impacts
The EPA does not expect any significant economic impacts as a
result of this proposed rule. A significant economic impact for the
amendment allowing the temporary override of inducements in emergency
situations is not anticipated because AECDs are expected to be
activated rarely (if ever), and, thus, the impacts to affected sources
and consumers of affected output will be minimal.
The economic impact from the change to the criteria for remote
areas of Alaska will be a cost savings for owners or operators of
engines that are located in the additional areas that will now be
considered remote. The precise savings depends on the number and size
of engines that will be installed each year. Information provided by
the Alaska Energy Authority indicated that one to two new engines are
expected to be installed each year. Information provided by the state
of Alaska indicated that the expected initial capital cost savings per
engine ranges from $28,000 to $163,000, depending on the size of the
engine. There will also be annual operating and maintenance cost
savings due to avoidance of the need to obtain and store DEF.
B. Environmental Impacts
The EPA does not expect any significant environmental impacts as a
result of the proposed amendment to allow a temporary override of
inducements in emergency situations. The AECDs are expected to be
activated rarely (if ever) and will only affect emissions for a very
short period.
The EPA also does not expect significant environmental impacts as a
result of the proposed amendments to the criteria for remote areas of
Alaska. As an example, allowing the use of a Tier 3 engine instead of a
Tier 4 engine would result in less reductions for a 250 HP stationary
CI engine of 5.4 tons per year (tpy) of NOX, 0.1 tpy of
NMHC, 1.6 tpy of CO, and 0.3 tpy of PM, assuming the engine operates
full time (8,760 hours per year).\7\ As stated previously, the state of
Alaska estimates that only one to two new engines will be installed
each year in the additional remote areas.
---------------------------------------------------------------------------
\7\ Estimates are based on Tier 3 and Tier 4 emission factors
for a 175-300 HP engine provided in Table A4 of Exhaust and
Crankcase Emission Factors for Nonroad Engine Modeling--Compression-
Ignition. NR-009d. Assessment and Standards Division, Office of
Transportation and Air Quality. U.S. Environmental Protection
Agency. EPA-420-R-10-018. July 2010. http://www.epa.gov/otaq/models/nonrdmdl/nonrdmdl2010/420r10018.pdf.
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
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 and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2060-0590. The proposed regulatory relief for stationary
CI engines would be voluntary and optional.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. As mentioned earlier in this preamble,
the EPA is harmonizing the NSPS for stationary CI engines in this
action with an existing rule issued by the EPA for nonroad CI engines.
Thus, this action is reducing regulatory impacts to small entities as
well as other affected entities. The EPA is also including additional
remote areas of Alaska in the regulatory flexibility provisions already
in the rule for remote areas of Alaska, which further reduces the
burden of the existing rule on small entities and other
[[Page 68814]]
affected entities. We have, therefore, concluded that this action will
relieve regulatory burden for all directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector. This action does
not contain a federal mandate that may result in expenditures of $100
million or more for the private sector in any one year. Engine
manufacturers have the flexibility to choose whether or not to use
optional AECDs.
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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, on the relationship between the federal government
and Indian tribes, or on the distribution of power and responsibilities
between the federal government and Indian tribes, as specified in
Executive Order 13175. This proposed rule would impose compliance costs
primarily on engine manufacturers, depending on the extent to which
they take advantage of the flexibilities offered. The proposed
amendments to expand the areas that are considered remote areas of
Alaska would reduce the compliance costs for owners and operators of
stationary engines in those areas. Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes this action will not have potential
disproportionately high and adverse human health or environmental
effects on minority, low-income, or indigenous populations. The
provisions being proposed in this action are designed to eliminate
risks to human life and are expected to be used rarely, if at all, and
will only affect emissions for a very short period. Other changes the
EPA is proposing to make have minimal effect on emissions.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: October 30, 2015.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
60 of the Code of the Federal Regulations is proposed to be amended as
follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart IIII--Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines
0
2. Amend Sec. 60.4201 by revising paragraph (f)(1) and adding
paragraph (h) 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?
* * * * *
(f) * * *
(1) Remote areas of Alaska; and
* * * * *
(h) Stationary CI ICE certified to the standards in 40 CFR part
1039 and equipped with auxiliary emission control devices (AECDs) as
specified in 40 CFR 1039.665 must meet the Tier 1 certification
emission standards for new nonroad CI engines in 40 CFR 89.112 while
the AECD is activated during a qualified emergency situation. When the
qualified emergency situation has ended and the AECD is deactivated,
the engine must resume meeting the otherwise applicable emission
standard specified in this section.
0
3. Amend Sec. 60.4202 by revising paragraph (g)(1) 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?
* * * * *
(g) * * *
(1) Remote areas of Alaska; and
* * * * *
0
4. Amend Sec. 60.4204 by adding paragraph (f) 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?
* * * * *
(f) Owners and operators of stationary CI ICE certified to the
standards in 40 CFR part 1039 and equipped with AECDs as specified in
40 CFR 1039.665 must meet the Tier 1 certification emission standards
for new nonroad CI engines in 40 CFR 89.112 while the AECD is activated
during a qualified emergency situation. A qualified emergency situation
is defined in 40 CFR 1039.665. When the qualified emergency situation
has ended and the AECD is deactivated, the engine must resume meeting
the otherwise applicable emission standard specified in this section.
0
5. Amend Sec. 60.4210 by adding paragraph (j) to read as follows:
Sec. 60.4210 What are my compliance requirements if I am a stationary
CI internal combustion engine manufacturer?
* * * * *
(j) Stationary CI ICE manufacturers may equip their stationary CI
internal combustion engines certified to the emission standards in 40
CFR part 1039 with AECDs for qualified emergency situations according
to the requirements
[[Page 68815]]
of 40 CFR 1039.665. Manufacturers of stationary CI ICE equipped with
AECDs as allowed by 40 CFR 1039.665 must meet all of the requirements
in 40 CFR 1039.665 that apply to manufacturers. Manufacturers must
provide data demonstrating that the engine complies with the Tier 1
standard in 40 CFR 89.112 when the AECD is activated when applying for
certification of an engine equipped with an AECD as allowed by 40 CFR
1039.665.
0
6. Amend Sec. 60.4211 by adding paragraph (h) 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?
* * * * *
(h) The requirements for operators and prohibited acts specified in
40 CFR 1039.665 apply to owners or operators of stationary CI ICE
equipped with AECDs for qualified emergency situations as allowed by 40
CFR 1039.665.
0
7. Amend Sec. 60.4214 by adding paragraph (e) to read as follows:
Sec. 60.4214 What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary CI internal
combustion engine?
* * * * *
(e) Owners or operators of stationary CI ICE equipped with AECDs
pursuant to the requirements of 40 CFR 1039.665 must report the use of
AECDs as required by 40 CFR 1039.665(e).
0
8. Amend Sec. 60.4216 by revising paragraphs (b) through (d) and (f)
as follows:
Sec. 60.4216 What requirements must I meet for engines used in
Alaska?
* * * * *
(b) Except as indicated in paragraph (c) of this section,
manufacturers, owners and operators of stationary CI ICE with a
displacement of less than 10 liters per cylinder located in remote
areas of Alaska may meet the requirements of this subpart by
manufacturing and installing engines meeting the requirements of 40 CFR
parts 94 or 1042, as appropriate, rather than the otherwise applicable
requirements of 40 CFR parts 89 and 1039, as indicated in sections
Sec. Sec. 60.4201(f) and 60.4202(g) of this subpart.
(c) Manufacturers, owners and operators of stationary CI ICE that
are located in remote areas of Alaska may choose to meet the applicable
emission standards for emergency engines in Sec. Sec. 60.4202 and
60.4205, and not those for non-emergency engines in Sec. Sec. 60.4201
and 60.4204, except that for 2014 model year and later non-emergency CI
ICE, the owner or operator of any such engine that was not certified as
meeting Tier 4 p.m. standards, must meet the applicable requirements
for PM in Sec. Sec. 60.4201 and 60.4204 or install a PM emission
control device that achieves PM emission reductions of 85 percent, or
60 percent for engines with a displacement of greater than or equal to
30 liters per cylinder, compared to engine-out emissions.
(d) The provisions of Sec. 60.4207 do not apply to owners and
operators of pre-2014 model year stationary CI ICE subject to this
subpart that are located in remote areas of Alaska.
* * * * *
(f) The provisions of this section and Sec. 60.4207 do not prevent
owners and operators of stationary CI ICE subject to this subpart that
are located in remote areas of Alaska from using fuels mixed with used
lubricating oil, 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
parts per million. The used lubricating oil must meet the on-
specification levels and properties for used oil in 40 CFR 279.11.
0
9. Amend Sec. 60.4219 by adding in alphabetical order the definitions
for ``Alaska Railbelt Grid'' and ``Remote areas of Alaska'' to read as
follows:
Sec. 60.4219 What definitions apply to this subpart?
* * * * *
Alaska Railbelt Grid means the service areas of the six regulated
public utilities that extend from Fairbanks to Anchorage and the Kenai
Peninsula. These utilities are Golden Valley Electric Association;
Chugach Electric Association; Matanuska Electric Association; Homer
Electric Association; Anchorage Municipal Light & Power; and the City
of Seward Electric System.
* * * * *
Remote areas of Alaska means areas of Alaska that meet either
paragraph (1) or (2) of this definition.
(1) Areas of Alaska that are not accessible by the Federal Aid
Highway System (FAHS).
(2) Areas of Alaska that meet all of the following criteria:
(i) The only connection to the FAHS is through the Alaska Marine
Highway System, or the stationary CI ICE operation is within an
isolated grid in Alaska that is not connected to the statewide
electrical grid referred to as the Alaska Railbelt Grid.
(ii) At least 10 percent of the power generated by the stationary
CI ICE on an annual basis is used for residential purposes.
(iii) The generating capacity of the source is less than 12
megawatts, or the stationary CI ICE is used exclusively for backup
power for renewable energy.
* * * * *
[FR Doc. 2015-28342 Filed 11-5-15; 8:45 am]
BILLING CODE 6560-50-P