(a) Any stationary reciprocating compression ignition internal combustion engine that is required to obtain a certificate of operation pursuant to section 24-122 of this code for the first time on or after January 1, 2018, shall be equipped with an engine certified to the tier four emissions standards established by the United States environmental protection agency as set forth in 40 CFR § 60.4201 or to any subsequent United States environmental protection agency emissions standard for such engine that is at least as stringent.
(b) On or after January 1, 2025, the certificate of operation for a stationary reciprocating compression ignition internal combustion engine will be renewed only if the owner or operator of such engine can demonstrate in accordance with department rules that the engine meets the tier four emissions standards established by the United States environmental protection agency as set forth in 40 CFR § 60.4201 or any subsequent United States environmental protection agency emissions standard for such engine that is at least as stringent.
(c) The owner or operator of a stationary reciprocating compression ignition internal combustion engine may apply to the commissioner for additional time to comply with the requirements subdivision (a) or (b) of this section. If the owner or operator can show that the timeframes set forth in subdivision (a) or (b) of this section would constitute an undue hardship, the commissioner may enter into a compliance agreement with the owner or operator. In determining whether the owner or operator has demonstrated undue hardship pursuant to this subdivision, the commissioner may consider whether there is a showing of financial hardship, public necessity, or other emergency condition that would make compliance with the requirements of this section impracticable.
(d) This section shall not apply to any emergency stationary internal combustion engine, as such term is defined in 40 CFR § 60.4219, or to any emergency stationary reciprocating internal combustion engine, as such term is defined in 40 CFR § 63.6675.
(L.L. 2015/038, 5/6/2015, eff. 5/6/2016)