Control of Emissions of Air Pollution From Locomotive Engines and Marine Compression-Ignition Engines Less Than 30 Liters per Cylinder, 15938-16151 [07-1107]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 63 (Tuesday, April 3, 2007)]
[Proposed Rules]
[Pages 15938-16151]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1107]



[[Page 15937]]

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Part II





Environmental Protection Agency





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40 CFR Parts 92, 94, 1033, et al.



Control of Emissions of Air Pollution From Locomotive Engines and 
Marine Compression-Ignition Engines Less Than 30 Liters per Cylinder; 
Proposed Rule

Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / 
Proposed Rules

[[Page 15938]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 92, 94, 1033, 1039, 1042, 1065 and 1068

[EPA-HQ-OAR-2003-0190; FRL-8285-5]
RIN 2006-AM06


Control of Emissions of Air Pollution From Locomotive Engines and 
Marine Compression-Ignition Engines Less Than 30 Liters per Cylinder

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Locomotives and marine diesel engines are important 
contributors to our nation's air pollution today. These sources are 
projected to continue to generate large amounts of particulate matter 
(PM) and nitrogen oxides (NOX) emissions that contribute to 
nonattainment of the National Ambient Air Quality Standards (NAAQS) for 
PM2.5 and ozone across the United States. The emissions of 
PM and ozone precursors from these engines are associated with serious 
public health problems including premature mortality, aggravation of 
respiratory and cardiovascular disease, aggravation of existing asthma, 
acute respiratory symptoms, chronic bronchitis, and decreased lung 
function. In addition, emissions from locomotives and marine diesel 
engines are of particular concern, as diesel exhaust has been 
classified by EPA as a likely human carcinogen.
    EPA is proposing a comprehensive program to dramatically reduce 
emissions from locomotives and marine diesel engines. It would apply 
new exhaust emission standards and idle reduction requirements to 
diesel locomotives of all types--line-haul, switch, and passenger. It 
would also set new exhaust emission standards for all types of marine 
diesel engines below 30 liters per cylinder displacement. These include 
marine propulsion engines used on vessels from recreational and small 
fishing boats to super-yachts, tugs and Great Lakes freighters, and 
marine auxiliary engines ranging from small gensets to large generators 
on ocean-going vessels. The proposed program includes a set of near-
term emission standards for newly-built engines. These would phase in 
starting in 2009. The near-term program also contains more stringent 
emissions standards for existing locomotives. These would apply when 
the locomotive is remanufactured and would take effect as soon as 
certified remanufacture systems are available (as early as 2008), but 
no later than 2010 (2013 for Tier 2 locomotives). We are requesting 
comment on an alternative under consideration that would apply a 
similar requirement to existing marine diesel engines when they are 
remanufactured. We are also proposing long-term emissions standards for 
newly-built locomotives and marine diesel engines based on the 
application of high-efficiency catalytic aftertreatment technology. 
These standards would phase in beginning in 2015 for locomotives and 
2014 for marine diesel engines. We estimate PM reductions of 90 percent 
and NOX reductions of 80 percent from engines meeting these 
standards, compared to engines meeting the current standards.
    We project that by 2030, this program would reduce annual emissions 
of NOX and PM by 765,000 and 28,000 tons, respectively. 
These reductions are estimated to annually prevent 1,500 premature 
deaths, 170,000 work days lost, and 1,000,000 minor restricted-activity 
days. The estimated annual monetized health benefits of this rule in 
2030 would be approximately $12 billion, assuming a 3 percent discount 
rate (or $11 billion assuming a 7 percent discount rate). These 
estimates would be increased substantially if we were to adopt the 
remanufactured marine engine program concept. The annual cost of the 
proposed program in 2030 would be significantly less, at approximately 
$600 million.

DATES: Comments must be received on or before July 2, 2007. Under the 
Paperwork Reduction Act, comments on the information collection 
provisions must be received by OMB on or before May 3, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0190, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Fax: (202) 566-1741
     Mail: Air Docket, Environmental Protection Agency, 
Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. In 
addition, please mail a copy of your comments on the information 
collection provisions to the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for 
EPA, 725 17th St., NW., Washington, DC 20503.
     Hand Delivery: EPA Docket Center, (EPA/DC) EPA West, Room 
3334, 1301 Constitution Ave., NW, Washington DC, 20004. Such deliveries 
are only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0190. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://
www.regulations.gov or e-mail. The https://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through https://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/dockets.htm. For additional instructions on submitting 
comments, go to section I.A. of the SUPPLEMENTARY INFORMATION section 
of this document, and also go to section VIII.A. of the Public 
Participation section of this document.
    Docket: All documents in the docket are listed in the https://
www.regulations.gov index. 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 https://www.regulations.gov or in hard copy at the EPA-EQ-OAR-2003-
0190 Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington,

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DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
EPA-EQ-OAR-2003-0190 is (202) 566-1742.
    Hearing: Two hearings will be held, at 10 a.m. on Tuesday, May 8, 
2007 in Seattle, WA, and at 10 a.m. on Thursday, May 10, 2007 in 
Chicago, IL. For more information on these hearings or to request to 
speak, see section VIII.C. ``WILL THERE BE A PUBLIC HEARING.''

FOR FURTHER INFORMATION CONTACT: John Mueller, U.S. EPA, Office of 
Transportation and Air Quality, Assessment and Standards Division 
(ASD), Environmental Protection Agency, 2000 Traverwood Drive, Ann 
Arbor, MI 48105; telephone number: (734) 214-4275; fax number: (734) 
214-4816; e-mail address: Mueller.John@epa.gov, or Assessment and 
Standards Division Hotline; telephone number: (734) 214-4636.

SUPPLEMENTARY INFORMATION:

General Information

[diams] Does This Action Apply to Me?

[diams] Locomotive
    Entities potentially regulated by this action are those which 
manufacture, remanufacture and/or import locomotives and/or locomotive 
engines; and those which own and operate locomotives. Regulated 
categories and entities include:

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                                                        Examples of
           Category               NAICS Code \1\    potentially affected
                                                          entities
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Industry......................  333618, 336510...  Manufacturers,
                                                    remanufacturers and
                                                    importers of
                                                    locomotives and
                                                    locomotive engines.
Industry......................  482110, 482111,    Railroad owners and
                                 482112.            operators.
Industry......................  488210...........  Engine repair and
                                                    maintenance.
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\1\ North American Industry Classification System (NAICS).

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your company is regulated by this action, you should carefully examine 
the applicability criteria in 40 CFR sections 92.1, 92.801, 92.901, 
92.1001, 1065.1, 1068.1, 85.1601, 89.1, and the proposed regulations. 
If you have questions, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
[diams] Marine
    This proposed action would affect companies and persons that 
manufacture, sell, or import into the United States new marine 
compression-ignition engines, companies and persons that rebuild or 
maintain these engines, companies and persons that make vessels that 
use such engines, and the owners/operators of such vessels. Affected 
categories and entities include:

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                                                        Examples of
           Category               NAICS Code \1\    potentially affected
                                                          entities
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Industry......................  333618...........  Manufacturers of new
                                                    marine diesel
                                                    engines.
Industry......................  33661 and 346611.  Ship and boat
                                                    building; ship
                                                    building and
                                                    repairing.
Industry......................  811310...........  Engine repair,
                                                    remanufacture, and
                                                    maintenance.
Industry......................  483..............  Water transportation,
                                                    freight and
                                                    passenger.
Industry......................  336612...........  Boat building
                                                    (watercraft not
                                                    built in shipyards
                                                    and typically of the
                                                    type suitable or
                                                    intended for
                                                    personal use).
------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS).

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your company is regulated by this action, you should carefully examine 
the applicability criteria in 40 CFR 94.1, 1065.1, 1068.1, and the 
proposed regulations. If you have questions, consult the person listed 
in the preceding FOR FURTHER INFORMATION CONTACT section.

[diams] Additional Information About This Rulemaking

[diams] Locomotive
    The current emission standards for locomotive engines were adopted 
by EPA in 1998 (see 63 FR 18978, April 16, 1998). This notice of 
proposed rulemaking relies in part on information that was obtained for 
that rule, which can be found in Public Docket A-94-31. That docket is 
incorporated by reference into the docket for this action, OAR-2003-
0190.
[diams] Marine
    The current emission standards for new commercial marine diesel 
engines were adopted in 1999 and 2003 (see 64 FR 73300, December 29, 
1999 and 66 FR 9746, February 28, 2003). The current emission standards 
for new recreational marine diesel engines were adopted in 2002 (see 67 
FR 68241, November 8, 2002). The current emission standards for marine 
diesel engines below 37 kW (50 hp) were adopted in 1998 (see 63 FR 
56967, October 23, 1998). This notice of proposed rulemaking relies in 
part on information that was obtained for those rules, which can be 
found in Public Dockets A-96-40, A-97-50, A-98-01, A-2000-01, and A-
2001-11. Those dockets are incorporated by reference into the docket 
for this action, OAR-2003-0190.
[diams] Other Dockets
    This notice of proposed rulemaking relies in part on information 
that was obtained for our recent highway diesel and nonroad diesel 
rulemakings, which can be found in Public Dockets A-99-06 and A-2001-28 
(see also OAR 2003-

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0012).\1\ \2\ Those dockets are incorporated by reference 
into the docket for this action, OAR-2003-0190.
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    \1 2\ Control of Air Pollution From New Motor Vehicles: Heavy-
Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur 
Control Requirements, 66 FR 5002 (January 18, 2001); Control of 
Emissions of Air Pollution From Nonroad Diesel Engines and Fuel, 69 
FR 38958 (June 29, 2004).
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Outline of This Preamble

I. Overview
    A. What Is EPA Proposing?
    B. Why Is EPA Making This Proposal?
II. Air Quality and Health Impacts
    A. Overview
    B. Public Health Impacts
    C. Other Environmental Effects
    D. Other Criteria Pollutants Affected by This NPRM
    E. Emissions From Locomotive and Marine Diesel Engines
III. Emission Standards
    A. What Locomotives and Marine Engines Are Covered?
    B. Existing EPA Standards
    C. What Standards Are We Proposing?
    D. Are the Proposed Standards Feasible?
    E. What Are EPA's Plans for Diesel Marine Engines on Large 
Ocean-Going Vessels?
IV. Certification and Compliance Program
    A. Issues Common to Locomotives and Marine
    B. Compliance Issues Specific to Locomotives
    C. Compliance Issues Specific to Marine Engines
V. Costs and Economic Impacts
    A. Engineering Costs
    B. Cost Effectiveness
    C. EIA
VI. Benefits
    A. Overview
    B. Quantified Human Health and Environmental Effects of the 
Proposed Standards
    C. Monetized Benefits
    D. What Are the Significant Limitations of the Benefit-Cost 
Analysis?
    E. Benefit-Cost Analysis
VII. Alternative Program Options
    A. Summary of Alternatives
    B. Summary of Results
VIII. Public Participation
    A. How Do I Submit Comments?
    B. How Should I Submit CBI to the Agency?
    C. Will There Be a Public Hearing?
    D. Comment Period
    E. What Should I Consider as I Prepare My Comments for EPA?
IX. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    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 That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
X. Statutory Provisions and Legal Authority

I. Overview

    This proposal is an important step in EPA's ongoing National Clean 
Diesel Campaign (NCDC). In recent years, we have adopted major new 
programs designed to reduce emissions from highway and nonroad diesel 
engines.\3\ When fully implemented, these new programs would largely 
eliminate emissions of harmful pollutants from these sources. This 
Notice of Proposed Rulemaking (NPRM) sets out the next step in this 
ambitious effort by addressing two additional diesel sectors that are 
major sources of air pollution nationwide: locomotive engines and 
marine diesel engines below 30 liters per cylinder displacement.\4\ 
This addresses all types of diesel locomotives-- line-haul, switch, and 
passenger rail, and all types of marine diesel engines below 30 liters 
per cylinder displacement (hereafter collectively called ``marine 
diesel engines.''). These include marine propulsion engines used on 
vessels from recreational and small fishing boats to super-yachts, tugs 
and Great Lakes freighters, and marine auxiliary engines ranging from 
small gensets to large generators on ocean-going vessels.\5\
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    \3\ See 65 FR 6698 (February 10, 2000), 66 FR 5001 (January 18, 
2001), and 69 FR 38958 (June 29, 2004) for the final rules regarding 
the light-duty Tier 2, clean highway diesel (2007 highway diesel) 
and clean nonroad diesel (nonroad Tier 4) programs, respectively. 
EPA has also recently promulgated a clean stationary diesel engine 
rule containing standards similar to those in the nonroad Tier 4 
rule. See 71 FR 39153. See also https://www.epa.gov/diesel/ for 
information on all EPA programs that are part of the NCDC.
    \4\ In this NPRM, ``marine diesel engine'' refers to 
compression-ignition marine engines below 30 liters per cylinder 
displacement unless otherwise indicated. Engines at or above 30 
liters per cylinder are being addressed in separate EPA actions, 
including a planned rulemaking, participation on the U.S. delegation 
to the International Maritime Organization's standard-setting work, 
and EPA's new Clean Ports USA Initiative (https://www.epa.gov/
cleandiesel/ports/index.htm).
    \5\ Marine diesel engines at or above 30 l/cyl displacement are 
not included in this program. See Section III.E, below.
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    Emission levels for locomotive and marine diesel engines remain at 
high levels--comparable to the emissions standards for highway trucks 
in the early 1990s--and emit high level of pollutants that contribute 
to unhealthy air in many areas of the U.S. Nationally, in 2007 these 
engines account for about 20 percent of mobile source NOX 
emissions and 25 percent of mobile source diesel PM2.5 
emissions. Absent new emissions standards, we expect overall emissions 
from these engines to remain relatively flat over the next 10 to 15 
years due to existing regulations such as lower fuel sulfur 
requirements and the phase-in of locomotive and marine diesel Tier 1 
and Tier 2 engine standards but starting in about 2025 emissions from 
these engines would begin to grow. Under today's proposed program, by 
2030, annual NOX emissions from locomotive and marine diesel 
engines would be reduced by 765,000 tons and PM2.5 and 
28,000 tons. Without new controls, by 2030, these engines would become 
a large portion of the total mobile source emissions inventory 
constituting 35 percent of mobile source NOX emissions and 
65 percent of diesel PM emissions.
    We followed certain principles when developing the elements of this 
proposal. First, the program must achieve sizeable reductions in PM and 
NOX emissions as early as possible. Second, as we did in the 
2007 highway diesel and clean nonroad diesel programs, we are 
considering engines and fuels together as a system to maximize 
emissions reductions in a highly cost-effective manner. The groundwork 
for this systems approach was laid in the 2004 nonroad diesel final 
rule which mandated that locomotive and marine diesel fuel comply with 
the 15 parts per million sulfur cap for ultra-low sulfur diesel fuel 
(ULSD) by 2012, in anticipation of this rulemaking (69 FR 38958, June 
29, 2004). The costs, benefits, and other impacts of the locomotive and 
marine diesel fuel regulation are covered in the 2004 rulemaking and 
are not duplicated here. Lastly, we are proposing standards and 
implementation schedules that take full advantage of the efforts now 
being expended to develop advanced emissions control technologies for 
the highway and nonroad sectors. As discussed throughout this proposal, 
the proposed standards represent a feasible progression in the 
application of advanced technologies, providing a cost-effective 
program with very large public health and welfare benefits.
    The proposal consists of a three-part program. First, we are 
proposing more stringent standards for existing locomotives that would 
apply when they are remanufactured. The proposed remanufactured 
locomotive program would take effect as soon as certified remanufacture 
systems are available (as early as 2008), but no later than 2010 (2013 
for Tier 2 locomotives). We are also requesting comment on an 
alternative under consideration that would apply a similar requirement 
to existing marine diesel engines when

[[Page 15941]]

they are remanufactured. Second, we are proposing a set of near-term 
emission standards, referred to as Tier 3, for newly-built locomotives 
and marine engines, that reflect the application of technologies to 
reduce engine-out PM and NOX. Third, we are proposing 
longer-term standards, referred to as Tier 4, that reflect the 
application of high-efficiency catalytic aftertreatment technology 
enabled by the availability of ULSD. These standards phase in over 
time, beginning in 2014. We are also proposing provisions to eliminate 
emissions from unnecessary locomotive idling.
    Locomotives and marine diesel engines designed to these proposed 
standards would achieve PM reductions of 90 percent and NOX 
reductions of 80 percent, compared to engines meeting the current Tier 
2 standards. The proposed standards would also yield sizeable 
reductions in emissions of nonmethane hydrocarbons (NMHC), carbon 
monoxide (CO), and hazardous compounds known as air toxics. Table I-1 
summarizes the PM and NOX emission reductions for the 
proposed standards compared to today's (Tier 2) emission standards or, 
in the case of remanufactured locomotives, compared to the current 
standards for each tier of locomotives covered.

                            Table I.-1.--Reductions From Levels of Existing Standards
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                     Sector                               Proposed standards tier             PM         NOX
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Locomotives.....................................  Remanufactured Tier 0..................       60%       15-20%
                                                  Remanufactured Tier 1..................        50
                                                  Remanufactured Tier 2..................        50
                                                  Tier 3.................................        50
                                                  Tier 4.................................        90           80
Marine Diesel Engines \a\.......................  Remanufactured Engines \b\.............     25-60     up to 20
                                                  Tier 3.................................        50           20
                                                  Tier 4.................................        90           80
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\a\ Existing and proposed standards vary by displacement and within power categories. Reductions indicated are
  typical.
\b\ This proposal asks for comment on an alternative under consideration that would reduce emissions from
  existing marine diesel engines. See section VII.A(2).

    Combined, these reductions would result in substantial benefits to 
public health and welfare and to the environment. We project that by 
2030 this program would reduce annual emissions of NOX and 
PM by 765,000 and 28,000 tons, respectively, and the magnitude of these 
reductions would continue to grow well beyond 2030. We estimate that 
these annual emission reductions would prevent 1,500 premature 
mortalities in 2030. These annual emission reductions are also 
estimated to prevent 1,000,000 minor restricted-activity days, 170,000 
work days lost, and other quantifiable benefits. All told, the 
estimated monetized health benefits of this rule in 2030 would be 
approximately $12 billion, assuming a 3 percent discount rate (or $11 
billion assuming a 7 percent discount rate). The annual cost of the 
program in 2030 would be significantly less, at approximately $600 
million.

A. What Is EPA Proposing?

    This proposal is a further step in EPA's ongoing program to control 
emissions from diesel engines, including those used in marine vessels 
and locomotives. EPA's current standards for newly-built and 
remanufactured locomotives were adopted in 1998 and were implemented in 
three tiers (Tiers 0, 1, and 2) over 2000 through 2005. The current 
program includes Tier 0 emission limits for existing locomotives 
originally manufactured in 1973 or later, that apply when they are 
remanufactured. The standards for marine diesel engines were adopted in 
1998 for engines under 37 kilowatts (kW), in 1999 for commercial marine 
engines, and in 2002 for recreational marine engines. These various 
Tier 1 and Tier 2 standards phase in from 1999 through 2009, depending 
on engine size and application. The most stringent of these existing 
locomotive and marine diesel engine standards are similar in stringency 
to EPA's nonroad Tier 2 standards that are now in the process of being 
replaced by Tier 3 and 4 standards.
    The major elements of the proposal are summarized below. We are 
also proposing revised testing, certification, and compliance 
provisions to better ensure emissions control in use. Detailed 
provisions and our justifications for them are discussed in sections 
III and IV and in the draft Regulatory Impact Analysis (RIA). Section 
VII of this preamble describes a number of alternatives that we 
considered in developing this proposal, including a more simplistic 
approach that would introduce aftertreatment-based standards earlier. 
Our analysis shows that such an approach would result in higher 
emissions and fewer health and welfare benefits than we project will be 
realized from the program we are proposing today. After evaluating the 
alternatives, we believe that our proposed program provides the best 
opportunity for achieving timely and very substantial emissions 
reductions from locomotive and marine diesel engines. It best takes 
into account the need for appropriate lead time to develop and apply 
the technologies necessary to meet these emission standards, the goal 
of achieving very significant emissions reductions as early as 
possible, the interaction of requirements in this proposal with 
existing highway and nonroad diesel engine programs, and other legal 
and policy considerations.
    Overall, this comprehensive three-part approach to setting 
standards for locomotives and marine diesel engines would provide very 
large reductions in PM, NOX, and toxic compounds, both in 
the near-term (as early as 2008), and in the long-term. These 
reductions would be achieved in a manner that: (1) Is very cost-
effective, (2) leverages technology developments in other diesel 
sectors, (3) aligns well with the clean diesel fuel requirements 
already being implemented, and (4) provides the lead time needed to 
deal with the significant engineering design workload that is involved. 
We are asking for comments on all aspects of the proposal, including 
standards levels and implementation dates, and on the alternatives 
discussed in this proposal.
    (1) Locomotive Emission Standards
    We are proposing stringent exhaust emissions standards for newly-
built and remanufactured locomotives, furthering the initiative for 
cleaner locomotives started in 2004 with the establishment of the ULSD 
locomotive fuel program, and adding this important category of engines 
to the highway and nonroad

[[Page 15942]]

diesel applications already covered under EPA's National Clean Diesel 
Campaign.\6\
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    \6\ We are not proposing any change to the current definition of 
a ``new locomotive'' in 40 CFR Sec.  92.2. The terms ``new 
locomotive'', ``new locomotive engine'', ``freshly manufactured 
locomotive'', ``freshly manufactured locomotive engine'', 
``repower'', ``remanufacture'', ``remanufactured locomotive'', and 
``remanufactured locomotive engine'' all have formal definitions in 
40 CFR 92.2. In this notice, the term ``newly-built locomotive'' is 
synonymous with ``freshly manufactured locomotive''.
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    In the Advance Notice of Proposed Rulemaking (ANPRM) for this 
proposal (69 FR 39276, June 29, 2004), we suggested a program for 
comment that would bring about the introduction of high-efficiency 
exhaust aftertreatment to this sector in a single step. Although it has 
taken longer than expected to develop, the proposal we are issuing 
today is far more comprehensive than we envisioned in 2004. Informed by 
extensive analyses documented in the draft RIA and numerous discussions 
with stakeholders since then, this proposal goes significantly beyond 
that vision. It sets out standards for locomotives in three steps to 
more fully leverage the opportunities provided by both the already-
established clean fuel programs, and the migration of clean diesel 
technology from the highway and nonroad sectors. It also addresses the 
large and long-lived existing locomotive fleet with stringent new 
emissions requirements at remanufacture starting in 2008. Finally, it 
sets new requirements for idle emissions control on newly-built and 
remanufactured locomotives.
    Briefly, for newly-built line-haul locomotives we are proposing a 
new Tier 3 PM standard of 0.10 grams per brake horsepower-hour (g/bhp-
hr), based on improvements to existing engine designs. This standard 
would take effect in 2012. We are also proposing new Tier 4 standards 
of 0.03 g/bhp-hr for PM and 1.3 g/bhp-hr for NOX, based on 
the evolution of high-efficiency catalytic aftertreatment technologies 
now being developed and introduced in the highway diesel sector. The 
Tier 4 standards would take effect in 2015 and 2017 for PM and 
NOX, respectively. We are proposing that remanufactured Tier 
2 locomotives meet a PM standard of 0.10 g/bhp-hr, based on the same 
engine design improvements as Tier 3 locomotives, and that 
remanufactured Tier 0 and Tier 1 locomotives meet a 0.22 g/bhp-hr PM 
standard. We also propose that remanufactured Tier 0 locomotives meet a 
NOX standard of 7.4 g/bhp-hr, the same level as current Tier 
1 locomotives, or 8.0 g/bhp-hr if the locomotive is not equipped with a 
separate loop intake air cooling system. Section III provides a 
detailed discussion of these proposed new standards, and section IV 
details improvements being proposed to the applicable test, 
certification, and compliance programs.
    In setting our original locomotive emission standards in 1998, the 
historic pattern of transitioning older line-haul locomotives to road- 
and yard-switcher service resulted in our making little distinction 
between line-haul and switch locomotives. Because of the increase in 
the size of new locomotives in recent years, that pattern cannot be 
sustained by the railroad industry, as today's 4000+ hp (3000+ kW) 
locomotives are poorly suited for switcher duty. Furthermore, although 
there is still a fairly sizeable legacy fleet of older smaller line-
haul locomotives that could find their way into the switcher fleet, 
essentially the only newly-built switchers put into service over the 
last two decades have been of radically different design, employing one 
to three smaller high-speed diesel engines designed for use in nonroad 
applications. In light of these trends, we are establishing new 
standards and special certification provisions for newly-built and 
remanufactured switch locomotives that take these trends into account.
    Locomotives spend a substantial amount of time idling, during which 
they emit harmful pollutants and consume fuel. Two ways that idling 
time can be reduced are through the use of automated systems to stop 
idling locomotive engines (restarting them on an as-needed basis), and 
through the use of small low-emitting auxiliary engines to provide 
essential accessory power. Both types of systems are installed in a 
number of U.S. locomotives today for various reasons, including to save 
fuel, to help meet current Tier 0 emissions standards, and to address 
complaints from railyard neighbors about noise and pollution from 
idling locomotives.
    We are proposing that idle control systems be required on all 
newly-built Tier 3 and Tier 4 locomotives. We also propose that they be 
installed on all existing locomotives that are subject to the proposed 
remanufactured engine standards, at the point of first remanufacture 
under the proposed standards, unless already equipped with idle 
controls. We are proposing that automated stop/start systems be 
required, but encourage the use of auxiliary power units by allowing 
their emission reduction to be factored into the certification test 
program as appropriate.
    Taken together, the proposed elements described above constitute a 
comprehensive program that would address the problems caused by 
locomotive emissions from both a near-term and long-term perspective, 
and do so more completely than would have occurred under the concept 
described in the ANPRM. It would do this while providing for an orderly 
and cost-effective implementation schedule for the railroads, builders, 
and remanufacturers.
(2) Marine Engine Emission Standards
    We are also proposing emissions standards for newly-built marine 
diesel engines with displacements under 30 liters per cylinder 
(referred to as Category 1 and 2, or C1 and C2, engines). This would 
include engines used in commercial, recreational, and auxiliary power 
applications, and those below 37 kW (50 hp) that were previously 
regulated separately in our nonroad diesel program. As with 
locomotives, our ANPRM described a one-step marine diesel program that 
would bring about the introduction of high-efficiency exhaust 
aftertreatment in this sector. Just as for locomotives, our subsequent 
extensive analyses (documented in the draft RIA) and numerous 
discussions with stakeholders since then have resulted in this proposal 
for standards in multiple steps, with the longer-term implementation of 
advanced technologies focused especially on the engines with the 
greatest potential for large PM and NOX emission reductions.
    The proposed marine diesel engine standards include stringent 
engine-based Tier 3 standards for newly-built marine diesel engines 
that phase in beginning in 2009. These are followed by aftertreatment-
based Tier 4 standards for engines above 600 kW (800 hp) that phase in 
beginning in 2014. The specific levels and implementation dates for the 
proposed Tier 3 and Tier 4 standards vary by engine sub-groupings. 
Although this results in a somewhat complicated array of emissions 
standards, it will ensure the most stringent standards feasible for 
each group of newly-built marine engines, and will help engine and 
vessel manufacturers to implement the program in a cost effective 
manner that also emphasizes early emission reductions. The proposed 
standards and implementation schedules, as well as their technological 
feasibility, are described in detail in section III of this preamble.
    We are also requesting comment on an alternative we are considering 
to address the considerable impact of emissions from large marine 
diesel

[[Page 15943]]

engines installed in vessels currently in the fleet. We have in the 
past considered but not finalized a program to regulate such engines as 
``new'' engines at the time of remanufacture, similar to the approach 
taken in the locomotive program. We are again considering such a 
program in the context of this rulemaking and are soliciting comments 
on this alternative.
    Briefly summarized, it would consist of two parts. In the first 
part, which could begin as early as 2008, vessel owners and rebuilders 
would be required to install a certified emissions control system when 
the engine is remanufactured, if such a system were available. 
Initially, we would expect the systems installed on remanufactured 
marine engines to be those certified for the remanufactured locomotive 
program, although this alternative would not limit the program to only 
those engines. Eventually manufacturers would be expected to provide 
systems for other large engines as well. In the second part, to take 
effect in 2013, marine diesel engines identified by EPA as high-sales 
volume engine models would have to meet specified emissions standards 
when remanufactured. The rebuilder or owner would be required to either 
use a system certified to meet the standards or, if no certified 
systems were available, to either retrofit an emission reduction 
technology for the engine that demonstrates at least a 25 percent 
reduction or to repower (replace the engine with a new one). The 
alternative under consideration is described in more detail in section 
VII.A(2). We request comment on the elements of this alternative as 
well as other possible approaches to achieve this goal, with the view 
that EPA may adopt a remanufacture program in the final rule if 
appropriate.

B. Why Is EPA Making This Proposal?

(1) Locomotives and Marine Diesels Contribute to Serious Air Pollution 
Problems
    Locomotive and marine diesel engines subject to today's proposal 
generate significant emissions of fine particulate matter 
(PM2.5) and nitrogen oxides (NOX) that contribute 
to nonattainment of the National Ambient Air Quality Standards for 
PM2.5 and ozone. NOX is a key precursor to ozone 
and secondary PM formation. These engines also emit hazardous air 
pollutants or air toxics, which are associated with serious adverse 
health effects. Emissions from locomotive and marine diesel engines 
also cause harm to public welfare, including contributing to visibility 
impairment and other harmful environmental impacts across the US.
    The health and environmental effects associated with these 
emissions are a classic example of a negative externality (an activity 
that imposes uncompensated costs on others). With a negative 
externality, an activity's social cost (the cost borne to society 
imposed as a result of the activity taking place) exceeds its private 
cost (the cost to those directly engaged in the activity). In this 
case, as described below and in Section II, emissions from locomotives 
and marine diesel engines and vessels impose public health and 
environmental costs on society. However, these added costs to society 
are not reflected in the costs of those using these engines and 
equipment. The market system itself cannot correct this externality 
because firms in the market are rewarded for minimizing their 
production costs, including the costs of pollution control. In 
addition, firms that may take steps to use equipment that reduces air 
pollution may find themselves at a competitive disadvantage compared to 
firms that do not. To correct this market failure and reduce the 
negative externality from these emissions, it is necessary to give 
producers the signals for the social costs generated from the 
emissions. The standards EPA is proposing will accomplish this by 
mandating that locomotives and marine diesel engines reduce their 
emissions to a technologically feasible limit. In other words, with 
this proposed rule the costs of the transportation services produced by 
these engines and equipment will account for social costs more fully.
    Emissions from locomotive and marine diesel engines account for 
substantial portions of the country's ambient PM2.5 and 
NOX levels. We estimate that today hese engines account for 
about 20 percent of mobile source NOX emissions and about 25 
percent of mobile source diesel PM 2.5 emissions. Under 
today's proposed standards, by 2030, annual NOX emissions 
from these diesel engines would be reduced by 765,000 tons and 
PM2.5 emissions by 28,000 tons, and those reductions would 
continue to grow beyond 2030 as fleet turnover to the clean engines is 
completed.
    EPA has already taken steps to bring emissions levels from light-
duty and heavy-duty highway, and nonroad diesel vehicles and engines to 
very low levels over the next decade, as well as certain stationary 
diesel engines also subject to these standards, while the emission 
levels for locomotive and marine diesel engines remain at much higher 
levels--comparable to the emissions for highway trucks in the early 
1990s.
    Both ozone and PM2.5 contribute to serious public health 
problems, including premature mortality, aggravation of respiratory and 
cardiovascular disease (as indicated by increased hospital admissions 
and emergency room visits, school absences, lost work days, and 
restricted activity days), changes in lung function and increased 
respiratory symptoms, altered respiratory defense mechanisms, and 
chronic bronchitis. Diesel exhaust is of special public health concern, 
and since 2002 EPA has classified it as likely to be carcinogenic to 
humans by inhalation at environmental exposures.\7\ Recent studies are 
showing that populations living near large diesel emission sources such 
as major roadways,\8\ rail yards, and marine ports \9\ are likely to 
experience greater diesel exhaust exposure levels than the overall U.S. 
population, putting them at greater health risks. We are currently 
studying the size of the U.S. population living near a sample of 
approximately 60 marine ports and rail yards, and will place the 
information in the docket upon completion prior to the final rule.
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    \7\ U.S. EPA (2002) Health Assessment Document for Diesel Engine 
Exhaust. EPA/600/8-90/057F. Office of Research and Development, 
Washington DC. This document is available electronically at https://
cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=29060.
    \8\ Kinnee, E.J.; Touman, J.S.; Mason, R.; Thurman, J.; Beidler, 
A.; Bailey, C.; Cook, R. (2004) Allocation of onroad mobile 
emissions to road segments for air toxics modeling in an urban area. 
Transport. Res. Part D 9: 139-150.
    \9\ State of California Air Resources Board. Roseville Rail Yard 
Study. Stationary Source Division, October 14, 2004. This document 
is available electronically at: https://www.arb.ca.gov/diesel/
documents/rrstudy.htm and State of California Air Resources Board. 
Diesel Particulate Matter Exposure Assessment Study for the Ports of 
Los Angeles and Long Beach, April 2006. This document is available 
electronically at: https://www.arb.ca.gov/regact/marine2005/
portstudy0406.pdf.
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    Today millions of Americans continue to live in areas that do not 
meet existing air quality standards. Currently, ozone concentrations 
exceeding the 8-hour ozone NAAQS occur over wide geographic areas, 
including most of the nation's major population centers. As of October 
2006 there are approximately 157 million people living in 116 areas 
(461 full or partial counties) designated as not in attainment with the 
8-hour ozone NAAQS. These numbers do not include people living in areas 
where there is a potential that the area may fail to maintain or 
achieve the 8-hour ozone NAAQS. With regard to PM2.5 
nonattainment, EPA has recently finalized nonattainment designations

[[Page 15944]]

(70 FR 943, Jan 5, 2005), and as of October 2006 there are 88 million 
people living in 39 areas (which include all or part of 208 counties) 
that either do not meet the PM2.5 NAAQS or contribute to 
violations in other counties. These numbers do not include individuals 
living in areas that may fail to maintain or achieve the 
PM2.5 NAAQS in the future.
    In addition to public health impacts, there are public welfare and 
environmental impacts associated with ozone and PM2.5 
emissions which are also serious. Specifically, ozone causes damage to 
vegetation which leads to crop and forestry economic losses, as well as 
harm to national parks, wilderness areas, and other natural systems. 
NOX and direct emissions of PM2.5 can contribute 
to the substantial impairment of visibility in many part of the U.S., 
where people live, work, and recreate, including national parks, 
wilderness areas, and mandatory class I federal areas. The deposition 
of airborne particles can also reduce the aesthetic appeal of buildings 
and culturally important articles through soiling, and can contribute 
directly (or in conjunction with other pollutants) to structural damage 
by means of corrosion or erosion. Finally, NOX emissions 
from diesel engines contribute to the acidification, nitrification, and 
eutrophication of water bodies.
    While EPA has already adopted many emission control programs that 
are expected to reduce ambient ozone and PM2.5 levels, 
including the Clean Air Interstate Rule (CAIR) (70 FR 25162, May 12, 
2005) and the Clean Air Nonroad Diesel Rule (69 FR 38957, June 29, 
2004), the Heavy Duty Engine and Vehicle Standards and Highway Diesel 
Fuel Sulfur Control Requirements (66 FR 5002, Jan. 18, 2001), and the 
Tier 2 Vehicle and Gasoline Sulfur Program (65 FR 6698, Feb. 10, 2000), 
the additional PM2.5 and NOX emission reductions 
resulting from the standards proposed in this action would assist 
states in attaining and maintaining the Ozone and the PM2.5 
NAAQS near term and in the decades to come.
    In September 2006, EPA finalized revised PM2.5 NAAQS 
standards and over the next few years the Agency will undergo the 
process of designating areas that are not able to meet this new 
standard. EPA modeling, conducted as part of finalizing the revised 
NAAQS, projects that in 2015 up to 52 counties with 53 million people 
may violate either the daily, annual, or both standards for 
PM2.5 while an additional 27 million people in 54 counties 
may live in areas that have air quality measurements within 10 percent 
of the revised NAAQS. Even in 2020 up to 48 counties, with 54 million 
people, may still not be able to meet the revised PM2.5 
NAAQS and an additional 25 million people, living in 50 counties, are 
projected to have air quality measurements within 10 percent of the 
revised standards. The locomotive and marine diesel PM2.5 
reductions resulting from this proposal will be needed by states to 
both attain and maintain the revised PM2.5 NAAQS.
    State and local governments are working to protect the health of 
their citizens and comply with requirements of the Clean Air Act (CAA 
or ``the Act''). As part of this effort they recognize the need to 
secure additional major reductions in both diesel PM2.5 and 
NOX emissions by undertaking numerous state level 
actions,\10\ while also seeking Agency action, including the setting of 
stringent new locomotive and marine diesel engine standards being 
proposed today.\11\ The emission reductions in this proposal will play 
a critical part in state efforts to attain and maintain the NAAQS 
through the next two decades.
---------------------------------------------------------------------------

    \10\ Two examples of state and local actions are: California Air 
Resources Board (2006). Emission Reduction Plan for Ports and Goods 
Movements, (April 2006). Available electronically at www.arb.ca.gov/
gmp/docs/finalgmpplan090905.pdf; Connecticut Department of 
Environmental Protection. (2006). Connecticut's Clean Diesel Plan, 
(January 2006). See https://www.dep.state.ct.us/air2/diesel/index.htm 
for description of initiative.
    \11\ For example, see letter dated September 23, 2006 from 
Northeast States for Coordinated Air Use Management to Administrator 
Stephen L. Johnson; September 7, 2006 letter from Executive Officer 
of the California Air Resources Board to Acting Assistant 
Administrator William L. Wehrum; August 9, 2006 letter from State 
and Territorial Air Pollution Program Administrators and Association 
of Local Air Pollution Control Officials (and other organizations) 
to Administrator Stephen L. Johnson; January 20, 2006 letter from 
Executive Director, Puget Sound Clean Air Agency to Administrator 
Stephen L. Johnson; June 30, 2005 letter from Western Regional Air 
Partnership to Administrator Stephen L. Johnson.
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    While the program we are proposing today will help many states and 
communities achieve cleaner air, for some areas, the reductions will 
not be large enough or early enough to assist them in meeting near term 
ozone and PM air quality goals. More can be done, beyond what we are 
proposing today, to address the emissions from locomotive and marine 
diesel engines. For example, as part of this proposal we are requesting 
comment on a concept to set emission standards for existing large 
marine diesel engines when they are remanufactured. Were we to finalize 
such a concept, it could provide substantial emission reductions, 
beginning in the next few years, from some of the large legacy fleets 
of dirtier diesel engines.
    At the time of our previous locomotive rulemaking, the State of 
California worked with the railroads operating in southern California 
to develop and implement a corollary program, ensuring that the 
cleanest technologies are expeditiously introduced in these areas with 
greatest air quality improvement needs. Today's proposal includes 
provisions, such as streamlined switcher locomotive certification using 
clean nonroad engines, that are well-suited to encouraging early 
deployment of cleaner technologies through the development of similar 
programs.
    In addition to regulatory programs, the Agency has a number of 
voluntary programs that partner government, industry, and local 
communities together to help address challenging air quality problems. 
The EPA SmartWay program has initiatives to reduce unnecessary 
locomotive idling and to encourage the use of idle reduction 
technologies that can substantially reduce locomotive emissions while 
reducing fuel consumption. EPA's National Clean Diesel Campaign, 
through its Clean Ports USA program, is working with port authorities, 
terminal operators, and trucking and rail companies to promote cleaner 
diesel technologies and strategies today through education, incentives, 
and financial assistance for diesel emissions reductions at ports. Part 
of these efforts involves voluntary retrofit programs that can further 
reduce emissions from the existing fleet of diesel engines. Finally, 
many of the companies operating in states and communities suffering 
from poor air quality have voluntarily entered into Memoranda of 
Understanding (MOUs) designed to ensure that the cleanest technologies 
are used first in regions with the most challenging air quality issues.
    Together, these approaches can augment the regulations being 
proposed today helping states and communities achieve larger reductions 
sooner in the areas of our country that need them the most. The Agency 
remains committed to furthering these programs and others so that all 
of our citizens can breathe clean healthy air.
(2) Advanced Technology Solutions
    Air pollution from locomotive and marine diesel exhaust is a 
challenging problem. However, we believe it can be addressed 
effectively through the use of existing technology to reduce engine-out 
emissions combined with high-efficiency catalytic aftertreatment 
technologies. As discussed in greater detail in section III.D, the 
development of these aftertreatment technologies for

[[Page 15945]]

highway and nonroad diesel applications has advanced rapidly in recent 
years, so that very large emission reductions in PM and NOX 
(in excess of 90 and 80 percent, respectively) can be achieved.
    High-efficiency PM control technologies are being broadly used in 
many parts of the world, and in particular to comply with EPA's heavy-
duty truck standards now taking effect with the 2007 model year. These 
technologies are highly durable and robust in use, and have also proved 
extremely effective in reducing exhaust hydrocarbon (HC) emissions. 
However, as discussed in detail in section III.D, these emission 
control technologies are very sensitive to sulfur in the fuel. For the 
technology to be viable and capable of controlling an engine's 
emissions over the long term, we believe it will require diesel fuel 
with sulfur content capped at the 15 ppm level.
    Control of NOX emissions from locomotive and marine 
diesel engines can also be achieved with high-efficiency exhaust 
emission control technologies. Such technologies are expected to be 
used to meet the stringent NOX standards included in EPA's 
heavy-duty highway diesel and nonroad Tier 4 programs, and have been in 
production for heavy duty trucks in Europe since 2005, as well as in 
many stationary source applications throughout the world. These 
technologies are also sensitive to sulfur.
    Section III.D discusses additional engineering challenges in 
applying these technologies to newly-built locomotive and marine 
engines, as well as the development steps that we expect to be taken to 
resolve the challenges. With the lead time available and the assurance 
of ULSD for the locomotive and marine sectors in 2012, as provided by 
our 2004 final rule for nonroad engines and fuel, we are confident the 
proposed application of advanced technology to locomotives and marine 
diesels will proceed at a reasonable rate of progress and will result 
in systems capable of achieving the proposed standards on the proposed 
schedule.
(3) Basis for Action Under the Clean Air Act
    Authority for the actions promulgated in this documents is granted 
to the Environmental Protections Agency (EPA) by sections 114, 203, 
205, 206, 207, 208, 213, 216, and 301(a) of the Clean Air Act as 
amended in 1990 (CAA or ``the Act'') (42 U.S.C. 7414, 7522, 7524, 7525, 
7541, 7542, 7547, 7550 and 7601(a)).
    EPA is promulgating emissions standards for new marine diesel 
engines pursuant to its authority under section 213(a)(3) and (4) of 
the Clean Air Act (CAA). EPA is promulgating emission standards for new 
locomotives and new engines used in locomotives pursuant to its 
authority under section 213(a)(5) of the CAA.
    CAA section 213(a)(3) directs the Administrator to set 
NOX, VOCs, or carbon monoxide, standards for classes or 
categories of engines that contribute to ozone or carbon monoxide 
concentrations in more than one nonattainment area, like marine diesel 
engines. These ``standards shall achieve the greatest degree of 
emission reduction achievable through the application of technology 
which the Administrator determines will be available for the engines or 
vehicles, giving appropriate consideration to cost, lead time, noise, 
energy, and safety factors associated with the application of such 
technology.''
    CAA section 213(a)(4), authorizes the Administrator to establish 
standards to control emissions of pollutants which ``may reasonably be 
anticipated to endanger public health and welfare,'' where the 
Administrator determines, as it has done for emissions of PM, that 
nonroad engines as a whole contribute significantly to such air 
pollution. The Administrator may promulgate regulations that are deemed 
appropriate, taking into account costs, noise, safety, and energy 
factors, for classes or categories of new nonroad vehicles and engines 
which cause or contribute to such air pollution, like diesel marine 
engines.
    Finally, section 213(a)(5) directs EPA to adopt emission standards 
for new locomotives and new engines used in locomotives that achieve 
the ``greatest degree of emissions reductions achievable through the 
use of technology that the Administrator determines will be available 
for such vehicles and engines, taking into account the cost of applying 
such technology within the available time period, the noise, energy, 
and safety factors associated with the applications of such 
technology.'' Section 213(a)(5) does not require any review of the 
contribution of locomotive emissions to pollution, though EPA does 
provide such information in this proposal. As described in section III 
of this Preamble and in Chapter 4 of the draft RIA, EPA has evaluated 
the available information to determine the technology the will be 
available for locomotives and engines proposed to be subject to EPA 
standards.
    EPA is also acting under its authority to implement and enforce 
both the marine diesel emission standards and the locomotive emissions 
standards. Section 213(d) provides that the standards EPA adopts for 
both new locomotive and marine diesel engines ``shall be subject to 
sections 206, 207, 208, and 209'' of the Clean Air Act, with such 
modifications that the Administrator deems appropriate to the 
regulations implementing these sections. In addition, the locomotive 
and marine standards ``shall be enforced in the same manner as [motor 
vehicle] standards prescribed under section 202'' of the Act. Section 
213(d) also grants EPA authority to promulgate or revise regulations as 
necessary to determine compliance with, and enforce, standards adopted 
under section 213.
    As required under section 213(a)(3), (4), and (5) we believe the 
evidence provided in section III.D of this Preamble and in Chapter 4 of 
draft RIA indicates that the stringent emission standards proposed 
today for newly-built and remanufactured locomotive engines and newly-
built marine diesel engines are feasible and reflect the greatest 
degree of emission reduction achievable through the use of technology 
that will be available in the model years to which they apply. We also 
believe this may be the case for the alternative identified for 
existing marine engines in section VII.A(2) of this preamble. We have 
given appropriate consideration to costs in proposing these standards. 
Our review of the costs and cost-effectiveness of these standards 
indicate that they will be reasonable and comparable to the cost-
effectiveness of other emission reduction strategies that have been 
required. We have also reviewed and given appropriate consideration to 
the energy factors of this rule in terms of fuel efficiency as well as 
any safety and noise factors associated with these proposed standards.
    The information in section II of this Preamble and Chapter 2 of the 
draft RIA regarding air quality and public health impacts provides 
strong evidence that emissions from marine diesel engines and 
locomotives significantly and adversely impact public health or 
welfare. EPA has already found in previous rules that emissions from 
new marine diesel engines contribute to ozone and carbon monoxide (CO) 
concentrations in more than one area which has failed to attain the 
ozone and carbon monoxide NAAQS (64 FR 73300, December 29, 1999). EPA 
has also previously determined that it is appropriate to establish 
standards for PM from marine diesel engines under section 213(a)(4), 
and the additional information on diesel exhaust carcinogenicity noted 
above reinforces

[[Page 15946]]

this finding. In addition, we have already found that emissions from 
nonroad engines as a whole significantly contribute to air pollution 
that may reasonably be anticipated to endanger public welfare due to 
regional haze and visibility impairment (67 FR 68241, Nov. 8, 2002). We 
propose to find here, based on the information in section II of this 
preamble and Chapters 2 and 3 of the draft RIA that emissions from the 
new marine diesel engines likewise contribute to regional haze and to 
visibility impairment.
    The PM and NOX emission reductions resulting from the 
standards proposed in this action would be important to states' efforts 
in attaining and maintaining the Ozone and the PM2.5 NAAQS 
in the near term and in the decades to come. As noted above, the risk 
to human health and welfare would be significantly reduced by the 
standards proposed today.

II. Air Quality and Health Impacts

    The locomotive and marine diesel engines subject to today's 
proposal generate significant emissions of particulate matter (PM) and 
nitrogen oxides (NOX) that contribute to nonattainment of 
the National Ambient Air Quality Standards (NAAQS) for PM2.5 
and ozone. These engines also emit hazardous air pollutants or air 
toxics which are associated with serious adverse health effects. 
Finally, emissions from locomotive and marine diesel engines cause harm 
to the public welfare, contribute to visibility impairment, and 
contribute to other harmful environmental impacts across the U.S.
    By 2030, the proposed standards are expected to r