C. Crankcase Emissions
D. Smoke Requirements
E. Alternative Fuels
F. Test Procedures
1. Duty Cycles
2. In-Use Testing
3. Test Fuel
4. Adjustable Parameters
5. Determination of Maximum Test Speed
G. Not-to-Exceed Standards and Related Requirements
H. Voluntary Low-Emitting Engine Program
I. Durability
1. Useful Life
2. Warranty Periods
3. Deterioration Factors
4. Rebuilt Engines
5. Replacement Engines
J. Certification
1. Engine Family Definition
2. Emission Data Engine Selection
K. Production-Line Testing
L. Miscellaneous Compliance Issues
M. Averaging, Banking, and Trading Program
N. Special Provisions for Post-Manufacture Marinizers
V. Technological Feasibility
VI. Areas for Future Action
A. Tier 3 Emission Standards
B. Emission Standards for Remanufactured Engines
C. NTE Requirements for Auxiliary Engines
D. Application of Provisions to Marine Diesel Engines Less than 37 kW
E. Category 3 Engines
VII. Projected Impacts
A. Environmental Impacts
B. Noise, Energy, and Safety
C. Economic Impacts
D. Cost-effectiveness
VIII. Direct Final Changes
IX. Public Participation
X. Administrative Requirements
XI. Judicial Review
List of Tables
Table 1 Engine Category Definitions
Table 2 MARPOL Annex VI Emission Limits
Table 3 Final Tier 2 Emission Standards and Dates
Table 4 Voluntary Emission Standards
Table 5 Useful Life and Warranty Periods
Table 6 Category 1 Commercial Propulsion and Auxiliary Emissions Inventory
Table 7 Category 2 Emissions Inventory
Table 8 [Reserved]
Table 9 Emission Reductions From Engines Subject to Tier 2 Standards
Table 10 Projected Cost Impacts by Power Rating
Table 11 Cost-Effectiveness of the Marine Tier 2 Standards for HC and NOx
Table 12 Aggregate Cost-Effectiveness for the Marine Tier 2 Standards for HC and NOx
I. Introduction
A. Background
The Clean Air Act as amended in 1990 mandated that we establish emission regulations for a variety of previously unregulated nonroad mobile sources of emissions, including marine engines. We most recently proposed emission standards and an associated compliance program for commercial marine diesel engines on December 11, 1998 (63 FR 68508).1 At a public hearing on January 19 and in the rest of the comment period we heard from 35 commenters. The program we are finalizing here follows from the approach described in the proposal, though we made numerous adjustments in response to the comments and other information received since the proposal. The proposal included an extensive discussion of the air quality problems we are addressing and the regulatory history of this rulemaking (see Sections I, II, and XI of the proposal). A summary description of the final rule follows in this document. Further discussion of issues and the anticipated impacts of the final rule are in the Final Regulatory Impact Analysis (Final RIA) and the Summary and Analysis of Comments. These documents and all the comments we received are contained in Docket A-97-50.
The International Maritime Organization (IMO) is the Secretariat for the International Convention on the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (better known as MARPOL 73178). Annex VI to that Convention, adopted on September 27, 1997 (but not yet in force) contains, among other provisions, requirements to limit NOx emissions from marine diesel engines, but sets no limits for other engine pollutants (i.e., HC, CO, PM). Other provisions of Annex VI include requirements for ozone-depleting substances, sulfur content of fuel, incineration, VOCs from refueling, and fuel quality. The United States has signed Annex VI, but the Annex has not yet been forwarded to the Senate for its advice and consent.
B. Statutory Authority
We conducted a study of emissions from nonroad engines, vehicles, and equipment in 1991, as directed by the Clean Air Act, section 213(a) (42 U.S.C. 7547(a)). Based on the results of that study, we determined that emissions of NOx, VOCs (including HC), and CO from nonroad engines and equipment contribute significantly to ozone and CO concentrations in more than one nonattainment area (see 59 FR 31306, June 17, 1994). Given this determination, section 213(a)(3) of the Act requires us to establish (and from time to time revise) emission standards for those classes or categories of new nonroad engines, vehicles, and equipment that in our judgment cause or contribute to such air pollution. We have determined that commercial and recreational marine diesel engines rated over 37 kW cause or contribute to such air pollution (See also the preamble to the proposed rule).
Where we determine that other emissions from new nonroad engines, vehicles, or equipment significantly contribute to air pollution that may reasonably be anticipated to endanger public health or welfare, section 213(a)(4) authorizes EPA to establish (and from time to time revise) emission standards from those classes or categories of new nonroad engines, vehicles, and equipment that cause or contribute to such air pollution. We have determined that commercial and recreational marine diesel engines rated over 37 kW cause or contribute to such air pollution (See also the preamble to the proposed rule).
1 The December 1998 proposal superseded earlier proposed emission standards for marine diesel engines (59 FR 55929. November 9, 1994, and 61 FR 4600, February 7, 1996). References in this document to "the proposal" or "the proposed rule" refer only to the December 1998 proposal.
II. Scope of Application
Clean Air Act section 213(a)(3) broadly sets the scope of application of this final rule, instructing us to promulgate regulations containing standards applicable to emissions from those classes or categories of new nonroad engines and new nonroad vehicles that are found to cause or contribute to ozone or carbon monoxide concentrations in more than one nonattainment area. As explained below and in the text of the regulations, the rulemaking generally covers all new diesel engines installed in a marine vessel, and all new marine vessels that use those engines, This includes both propulsion and auxiliary engines.
A. Definition of New
We are extending the definition of "new" contained in 40 CFR 89.2 to marine diesel engines at or above 37 kW. Under that definition, an engine is considered new until its legal or equitable title has been transferred, or the engine has been placed into service. Because the definition of new in 40 CFR 89.2 applies to both engines and equipment, its extension to the marine sector extends as well to vessels. Starting with the implementation dates of the new emission standards, we will consider vessels new until their equitable or legal title has been transferred to an ultimate purchaser. In addition, we will consider a vessel new if it undergoes modifications such that the modified vessel derives at least half of its value from new materials or components. This prevents someone from re-using the hull or other parts from a used vessel to avoid emission standards.
