What I found are the regulatory cites that would support a request
for an exemption for a Bio/Diesel Engine for Stationery use only. With
that you don't need to meet EPA Tier 4 to import them. Granted, you have
to get EPA Admin approval. But these cites would indeed support such a
request for exemption.
(It was these cites that I assumed CMD and DES were using to continue
importing as their labels reflected some of this info.)
One note: there is still a bit of a debate going on among those that
I've shared this with and it is a valid concern. Even if you get The EPA
approval to import the engines, the end-user would most likely still be
responsible to make the engines meet EPA standards, and could indeed be
fined if they don't. The issue at hand would be the paper trail that the
EPA could follow.
Perhaps this is nothing new to some of you but, I believe it opens the
door.
I'm going to color code the points that are key.
_______________________________________
PART 1039—CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD
COMPRESSION-IGNITION ENGINES
§ 1039.20 What requirements from this part apply to excluded
stationary engines?
(a) You must add a permanent label or tag to each new engine you produce
or import that is excluded under §1039.1(c)
as a stationary engine and is not required by 40
CFR part 60, subpart IIII, to meet the requirements of this part
1039, or the requirements of parts 89 or 94, that are equivalent to the
requirements applicable to nonroad or marine engines for the same model
year. To meet labeling requirements, you must do the following things:
(1) Attach the label or tag in one piece so no one can remove it without
destroying or defacing it.
(2) Secure it to a part of the engine needed for normal operation and
not normally requiring replacement.
(3) Make sure it is durable and readable for the engine's entire life.
(4) Write it in English.
(5) Follow the requirements in §1039.135(g) regarding duplicate labels
if the engine label is obscured in the final installation.
(b) Engine labels or tags required under this section must have the
following information:
(1) Include the heading “EMISSION CONTROL INFORMATION.”
(2) Include your full corporate name and trademark. You may instead
include the fill corporate name and trademark of another company you
choose to designate.
(3) State the engine displacement (in liters) and maximum engine power
(or in the case of fire pumps, NFPA nameplate engine power).
(4) State: “THIS ENGINE IS EXEMPTED FROM THE REQUIREMENTS OF 40 CFR
PARTS 89 AND 1039 AS A “STATIONARY ENGINE.” INSTALLING OR USING THIS
ENGINE IN ANY OTHER APPLICATION MAY BE A VIOLATION OF FEDERAL LAW
SUBJECT TO CIVIL PENALTY.”
(c) Stationary engines required by 40 CFR part 60, subpart IIII, to meet
the requirements of this part 1039, or parts 89 or 94, must meet the
labeling requirements of 40 CFR 60.4210.
[69 FR 39213, June 29, 2004, as amended at 71 FR 39185, July 11, 2006]
(§ 1039.1 Does this part apply for my
engines?
(c) The definition of nonroad engine in 40 CFR 1068.30 excludes certain
engines used in stationary applications. These engines may be required
by subpart IIII of 40 CFR part 60 to
comply with some of the provisions of this part 1039; otherwise, these
engines are only required to comply with the requirements in §1039.20.
In addition, the prohibitions in 40 CFR 1068.101 restrict the use of
stationary engines for nonstationary purposes unless they are certified
under this part 1039, or under the provisions of 40 CFR part 89 or 40
CFR part 94, to the same standards that would apply to nonroad engines
for the same model year.
(d) In certain cases, the regulations in this part 1039 apply to engines
at or above 250 kW that would otherwise be covered by 40 CFR part 1048.
See 40 CFR 1048.620 for provisions related to this allowance.
[69 FR 39213, June 29, 2004, as amended at 70 FR 40462, July 13, 2005;
71 FR 39184, July 11, 2006]
PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
Subpart IIII—Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines
(Within this section you find:)
§ 60.4217 What emission standards must I meet if I am an owner or
operator of a stationary internal combustion engine using special fuels?
(a) Owners and
operators of stationary CI ICE that do not use diesel fuel, or
who have been given authority by the Administrator under §60.4207(d) of
this subpart to use fuels that do not meet the fuel requirements of
paragraphs (a) and (b) of §60.4207, may petition the Administrator for
approval of alternative emission standards, if they can demonstrate that
they use a fuel that is not the fuel on which the manufacturer of the
engine certified the engine and that the engine cannot meet the
applicable standards required in §60.4202 or §60.4203 using such
fuels.
(b) [Reserved]
_____________________________________
I believe that all this does is open the door for the engines to be
imported. However as stated in § 60.4217: Owners and operators. . . may
petition the Administrator for approval of alternative emission
standards. . . This doesn't mean the engines are certified or legal to
operate, but, their in the country.
Murph'
Compliance is achievable. The fees and the certification procedure
annually is another matter entirely. Here are a few EPA fee schedules
and the certification procedure. Notice that the application fee is now
over $2200.00 and the annual permit is around half a million. Like I
said, its all about the money. If you think this is bad wait until Cap
and Trade kicks in!
http://www.epa.gov/otaq/cert/documents/nr2009feeform.pdf
http://www.epa.gov/dis/display_file.jsp?docid=16936&flag=1
http://www.epa.gov/otaq/cert/cfeis/mfrcode.pdf
http://www.epa.gov/otaq/regs/nonroad/equip-hd/420b98002.pdf
Mike Montieth
Oops, got a typo. The application fee is $2022.00 not 2200.00. I may also have read the annual fee wrong IIRC from a couple of years ago it was high but $486,000 seems a bit too high. I need to check the current stats if I can find them. EPA doesn't give a small fellow a break. EPA is like a maze, it is a wonder that anyone can comply. Since this would be a new type engine for EPA they would probably require that the engine be tested in their own facility or one approved by them which would also be an additional expense.
I don't think particulates will be a problem. When I did my testing the lab I used did the particulate testing. We used an approved HEPA filter (99%) and ran the engine at a 2500 watt load for a half hour. The filter was then weighed and the original weight was deducted. The particulates were well within limits. HC and CO were handled with a simple $40 aftermarket catcon. A Ferret 16 5 gas analyzer showed that the HC and CO barely registered after the catcon. The only major bug was NOx, which registered at around 700 ppm. I built up a control system that lowered the NOx to 139 ppm, which was an 80% reduction. Later slight engine mods lowered the NOx even more. An EPA approved opacity meter also showed that the smoke levels were well within limits. Back in 2006 the level was Tier 2 which we easily passed. Money was the only problem, at the time the application fee was $1960 and the facility testing would have been $43,000. The certification would only apply to a specific size and rpm engine (an exception could be had if the next size engine was within 15% of the certified engine). This means that EACH engine, 6/1, 8/1, 12/2, 16/2 ect. would have needed separate tests. Once certification was achieved however, subsequent years could use the same information from the testing and only the annual certification fee paid. So once the engine is actually certified the the annual fee of $2022 per year would apply unless the model or the testing methods changed. On Tier 1 the importer could do his own testing, now the EPA requires an authorized test facility do the testing. All in all, I spent around $20,000 on testing and test equipment in 2005-06. I just ran out of money and ended up selling all of my test equipment and ending engine importation.
Well this is a great thread, except that in the end it sure is
depressing.
Listeroidsusa1 says the engines could easily meet tier2 BUT I believe we
are now into tier3 who knows if they could be cheaply modified to meet
that set of regulations?
But some day into the near future tier4 rules will kick in and then if
you had tier 3 acceptance you would have to then up grade to tier 4
which will be VERY hard to meet. Just because inquiring minds want to
know I went to the EPA site and searched around for Tier 4 diesel engine
rules. Well that site is one big BEHEMOTH and the tier 4 regs were 317
pages long!
In my estimation the government either by design or through ignorance (
caused by over educated people and lawyer types that are so smart they
are common sense stupid) have created a system of environmental engine
emission rules that will eventually bring down all except largest
manufactures of engines
And
further more with rules like, if you overhaul an earlier engine tier
wise you will have to upgrade to the current emissions rules, I am even
more depressed. So in my estimation anyone starting down the road to
legalizing the import of these engines better have hundreds of thousands
of dollars for testing and modifications probably for every model and
make!! We need to face facts The government man wants it his way and
that is eventually no pollution from anything and in our case that thing
is a listeroid!!!!
2010 is the year that teir 4 comes in on trucks, and i assume for
every other purpose as well.
with the economy what it is, and truck sales already in the toilet, my
bet is there will be a few hd truck manufactures
that collapse next year under the weight of all this added epa
regulation.
I think because the EPA Standards are so out of line with reality that there is a good chance they could start another industrial revolution! Your right the economic impact of these regs is going to be massive. I know a number of business owners who are running older equipment that will not meet Tier 4. When you stop and think about it there's a massive number of operations across the country that will be affected by this. Take a drive through any of the industrial areas of our nation, chances are you'd find more machinery out of compliance than in.
I hope someone here figures out something. But I have very little
hope.
I can't do much of anything without a team of lawyers to deal with the
government. Listeroid engines, AC, hydro elect, grey water collection,
cross a creek with a tractor, soup up a car, all run afoul of some
government agency. And the rules are not even against doing so called
harm, your new engine runs on raw sewage and its exhaust is pure water?
Still illegal without fees.
I downloaded a ebook from the early 1900 written by MIT or Harvard on
"Practical Farming" and there is a whole chapter on using dynamite on
the farm, I asked my neighbour and he remembers when you could still buy
it. It was just a tool.
Now the ability to buy or own certain kinds of guns is constantly in
jeopardy, with some completely illegal to make at all. Outlawed by an
insertion to a bill by a unrecorded verbal vote during 'off hours' The
days of merely having the authority to tax them out of existence are
long over.
A government that has decided that someone growing and smoking pot in
their own home effects interstate commerce and can be forbidden.
Now the local government here has decided that putting DUI check point
on the interstate at 1 PM on a Thrusday afternoon is a good idea. All
because the Supreme court decided 5-4 that while it did violate the 4th
amendment, it was worth the cost. Next time I hit a DUI check point, the
only thing I'm going to say is" Heil Hitler, Comrade" hand over any
'traveling papers' and refuse to speak. Take me to jail, I need free
dental work anyway. I just hope he don't say something stupid like
"just doing my job" or I might be there long enough to get my hiatal
hernia fixed for free too.
I wish you all the best of luck getting anywhere with these people, But
I've had it.
Sorry for the rant, but I have found myself hoping this country falls
apart big time. IMO America is dead. Maybe we'll get some common
sense in our new government, after we divide up and ship the current
government off to our debtors so the people responsible can work off
their debt.
http://www.microcogen.info
I have become so disillusioned by how the govt operates on the inside
that it make me sick. AND, I know the internal process of how to get
things accomplished. I can only imagine being some poor shmuck on the
outside trying to deal with the borg....
Government has transitioned from a body that supplies needed structure
to society to a money grubbing mafia organization. I no longer want any
part of it. Not to work for it, not to be ruled by it, not even to
interact with it. And I consider myself a very mellow guy!
I am sick to death of the never-ending political hot air rants, not
backed by logic or anything remotely resembling common sense, nor any
liability later when what they've said is found out to be untrue.
I am SO tired of do-gooders, and the opposite extreme, selfish, take
advantage types, taking up space in the gene pool who are adding nothing
in return. These are the same people who have structured this
consumption based society based around their needs on one side or the
other. These same types that are unable to figure out how to repair
anything, are driving all of us straight into the ground.
Please explain to me why I need a permit for a fence IN MY OWN BACK
YARD! Or a permit to re-roof my house when an inspector doesn't even
inspect the job when finished!
The problem is, how to get away from it? Even if I move to literally
the middle of nowhere, completely off-grid and totally remote, some
dick-wad will be charging me property taxes to pay for services that
will never be rendered to me.
It infuriates me that the few folks who are trying to be energy
independent have stumbling blocks put in their way by blithering idiots
who are unable or unwilling to understand that the entire big picture in
unsustainable. We as a nation should be pushing energy conservation
and alternative supplies as our #1, most important priority. Instead,
we are sitting back riding the train right over the cliff. We are
going to be caught with our pants down in a huge way.
I want to be far, far away from the masses because I don't want to deal
with the stupid f*cks and their handguns when they realize that they
have run out of food and their mercedes benz in the garage can't take
them anywhere to buy any; and even if it could, their paycheck is
worthless because inflation has rendered it worth mere cents.
The whole thing makes me ill!!!!
And I don't mind paying taxes!!!
Steve
PS - I apologize for the rant. Some meth-heads decided that they liked
my mobile welding unit on Friday during the day while I was at work.
They didn't get it because it was chained to a tree. So, they came
back at 12:30am to try again and proceeded to cut the hitch lock off and
were going for the chain when I woke up and scared them off...
I pay $3400 a year in taxes and all the police are willing to do is file
paperwork. The guy lives down the street, the house has been busted for
meth twice and they're still there...
I am so, so tired of this whole picture. apogeeman