Press Release

The US EPA has Published New Rules Regarding the Use of Non-Certified Fire Pump Engines as a "Replacement".
Date: September 1, 2006

The CI NSPS stationary engine final rule published August 10th, 2006, 40 CFR 60.4210(i) states:

"The replacement engine provisions of 40 CFR 89.1003(b)(7) [the Tiers 1-3 nonroad rule]...[and in other rules]...are applicable to stationary CI engines replacing existing equipment that is less than 15 years old."

From the Tiers 1-3 nonroad rule: 40 CFR 89.1003(b)(7)

"A new nonroad engine intended solely to replace a nonroad engine in a piece of nonroad equipment, where the engine requiring replacement is not certified or is certified to emission standards that are less stringent than those in effect when the replacement engine is built, shall not be subject to the prohibitions of paragraph (a)(1) of this section or to the requirements of § 89.105 and paragraph (b)(4) of this section, provided that:
(i) The engine manufacturer has ascertained that no engine produced by itself or by the manufacturer of the engine that is being replaced, if different, and certified to the requirements of this subpart, is available with the appropriate physical or performance characteristics to repower the equipment [this is being interpreted by the customer or distributor...if you determine that available certified engines don't have the appropriate physical or performance characteristics (e.g., different bolt patterns, clearance issues, need for a non-electronic engine, wrong torque curve or speed, etc.), the replacement engine provision can be used], and
(ii) The engine manufacturer or its agent takes ownership and possession of the engine being replaced in partial exchange for the replacement engine; and
(iii) The replacement engine is clearly labeled with the following language, or similar alternate language approved by the Administrator: THIS ENGINE DOES NOT COMPLY WITH FEDERAL NONROAD OR ON-HIGHWAY EMISSION REQUIREMENTS. SALE OR INSTALLATION OF THIS ENGINE FOR ANY PURPOSE OTHER THAN AS A REPLACEMENT ENGINE FOR AN ENGINE MANUFACTURED PRIOR TO JANUARY 1 [INSERT APPROPRIATE YEAR] IS A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY; and
(iv) In cases where an engine is to be imported for replacement purposes under the provisions of this paragraph (b)(7), the term "engine manufacturer" shall not apply to an individual or other entity that does not possess a current Certificate of Conformity issued by EPA under this part; and (v) Where the replacement engine is intended to replace an engine that is certified to emission standards that are less stringent than those in effect when the replacement engine is built, the replacement engine shall be identical in all material respects to a certified configuration of the same or later model year as the engine being replaced; and
(vi) Engines sold pursuant to the provisions of this paragraph (b)(7) will neither generate nor use emission credits and will not be part of any accounting under the averaging, banking and trading program."

Summary of requirements:

• Failed engine is less than 15 years old
• New "certified" engine would require significant change to the installation
• Failed engine must be traded in and parted out
• Only for repowers - not new pump installations