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                                                                                                                                  December 7, 2007 

                                                                                                                                  Part IV

                                                                                                                                  Protection Agency
                                                                                                                                  40 CFR Parts 9 and 94
                                                                                                                                  Control of Emissions From New Marine
                                                                                                                                  Compression-Ignition Engines at or Above
                                                                                                                                  30 Liters per Cylinder; Proposed Rule
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                                             69522                       Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules

                                             ENVIRONMENTAL PROTECTION                                          ADDRESSES:    Submit your comments,                 or viruses. For additional information
                                             AGENCY                                                            identified by Docket ID No. EPA–HQ–                 about EPA’s public docket visit the EPA
                                                                                                               OAR–2007–0121, by one of the                        Docket Center homepage at http://
                                             40 CFR Parts 9 and 94                                             following methods:                                  www.epa.gov/epahome/dockets.htm.
                                             [EPA–HQ–OAR–2007–0121; FRL–8502–5]                                   • www.regulations.gov: Follow the                   Docket: All documents in the docket
                                                                                                               on-line instructions for submitting                 are listed in the www.regulations.gov
                                             RIN 2060–AO38                                                     comments.                                           index. Although listed in the index,
                                                                                                                  • E-mail: a-and-r-docket@epa.gov                 some information is not publicly
                                             Control of Emissions From New Marine                                 • Fax: (202) 566–9744
                                             Compression-Ignition Engines at or                                                                                    available, e.g., CBI or other information
                                                                                                                  • Mail: Environmental Protection                 whose disclosure is restricted by statute.
                                             Above 30 Liters per Cylinder                                      Agency, Mail Code: 6102T, 1200                      Certain other material, such as
                                             AGENCY: Environmental Protection 
                                Pennsylvania Ave., NW., Washington,                 copyrighted material, will be publicly
                                             Agency (EPA). 
                                                   DC, 20460. Please include two copies.               available only in hard copy. Publicly
                                             ACTION: Advance notice of proposed 
                                 • Hand Delivery: EPA Docket Center               available docket materials are available
                                                     (Air Docket), U.S. Environmental                    either electronically in
                                                                                                               Protection Agency, EPA West Building,               www.regulations.gov or in hard copy at
                                             SUMMARY: EPA is issuing this Advance                              1301 Constitution Avenue, NW., Room:                the EPA Docket Center, EPA/DC, EPA
                                             Notice of Proposed Rulemaking                                     3334 Mail Code: 2822T, Washington,                  West, Room 3334, 1301 Constitution
                                             (ANPRM) to invite comment from all                                DC. Such deliveries are only accepted               Avenue, NW., Washington, DC. The
                                             interested parties on our plan to propose                         during the Docket’s normal hours of                 Public Reading Room is open from 8:30
                                             new emission standards and other                                  operation, and special arrangements                 a.m. to 4:30 p.m., Monday through
                                             related provisions for new compression-                           should be made for deliveries of boxed              Friday, excluding legal holidays. The
                                             ignition marine engines with per                                  information.                                        telephone number for the Public
                                             cylinder displacement at or above 30                                 Instructions: Direct your comments to            Reading Room is (202) 566–1744, and
                                             liters per cylinder. We refer to these                            Docket ID No. EPA–HQ–OAR–2007–                      the telephone number for the Air Docket
                                             engines as Category 3 marine engines.                             0121. EPA’s policy is that all comments             is (202) 566–1742.
                                             We are considering standards for                                  received will be included in the public
                                             achieving large reductions in oxides of                           docket without change and may be                    FOR FURTHER INFORMATION CONTACT:
                                             nitrogen (NOX) and particulate matter                             made available online at                            Michael Samulski, Assessment and
                                             (PM) through the use of technologies                              www.regulations.gov, including any                  Standards Division, Office of
                                             such as in-cylinder controls,                                     personal information provided, unless               Transportation and Air Quality, 2000
                                             aftertreatment, and low sulfur fuel,                              the comment includes information                    Traverwood Drive, Ann Arbor, MI,
                                             starting as early as 2011.                                        claimed to be Confidential Business                 48105; telephone number: (734) 214–
                                                Category 3 marine engines are                                  Information (CBI) or other information              4532; fax number: (734) 214–4050;
                                             important contributors to our nation’s                            whose disclosure is restricted by statute.          e-mail address:
                                             air pollution today and these engines                             Do not submit information that you                  samulski.michael@epa.gov.
                                             are projected to continue generating                              consider to be CBI or otherwise                     SUPPLEMENTARY INFORMATION:
                                             large amounts of NOX, PM, and sulfur                              protected through www.regulations.gov
                                             oxides (SOX) that contribute to                                   or e-mail. The www.regulations.gov Web              I. General Information
                                             nonattainment of the National Ambient                             site is an ‘‘anonymous access’’ system,             A. Does This Action Apply to Me?
                                             Air Quality Standards (NAAQS) for                                 which means EPA will not know your
                                             PM2.5 and ozone across the United                                 identity or contact information unless                 This action will affect companies that
                                             States. Ozone and PM2.5 are associated                            you provide it in the body of your                  manufacture, sell, or import into the
                                             with serious public health problems                               comment. If you send an e-mail                      United States new marine compression-
                                             including premature mortality,                                    comment directly to EPA without going               ignition engines for use on vessels
                                             aggravation of respiratory and                                    through www.regulations.gov your e-                 flagged or registered in the United
                                             cardiovascular disease, aggravation of                            mail address will be automatically                  States; companies and persons that
                                             existing asthma, acute respiratory                                captured and included as part of the                make vessels that will be flagged or
                                             symptoms, chronic bronchitis, and                                 comment that is placed in the public                registered in the United States and that
                                             decreased lung function. Category 3                               docket and made available on the                    use such engines; and the owners or
                                             marine engines are of concern as a                                Internet. If you submit an electronic               operators of such U.S. vessels. Owners
                                             source of diesel exhaust, which has                               comment, EPA recommends that you                    and operators of vessels flagged
                                             been classified by EPA as a likely                                include your name and other contact                 elsewhere may also be affected, to the
                                             human carcinogen. A program such as                               information in the body of your                     extent they use U.S. shipyards or
                                             the one under consideration would                                 comment and with any disk or CD–ROM                 maintenance and repair facilities; see
                                             significantly reduce the contribution of                          you submit. If EPA cannot read your                 also Section VII.E regarding potential
                                             Category 3 marine engines to national                             comment due to technical difficulties               application of the standards to foreign
                                             inventories of NOX, PM, and SOX, as                               and cannot contact you for clarification,           vessels that enter U.S. ports. Finally,
                                             well as air toxics, and would reduce                              EPA may not be able to consider your                this action may also affect companies
                                             public exposure to those pollutants.                              comment. Electronic files should avoid              and persons that rebuild or maintain
                                             DATES: Comments must be received on                               the use of special characters, any form             these engines. Affected categories and
                                             or before March 6, 2008.                                          of encryption, and be free of any defects           entities include the following:
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                                                      Category                      NAICS code a                                             Examples of potentially affected entities

                                             Industry ......................   333618 ......................   Manufacturers of new marine diesel engines.
                                             Industry ......................   336611 ......................   Manufacturers of marine vessels.
                                             Industry ......................   811310 ......................   Engine repair and maintenance.

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                                                                     Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules                                              69523

                                                    Category                   NAICS code a                                           Examples of potentially affected entities

                                             Industry ......................
 483 ............................
 Water transportation, freight and passenger.
                                             Industry ......................
 324110 ......................
 Petroleum Refineries.
                                             Industry ......................
 422710, 422720 ........
 Petroleum Bulk Stations and Terminals; Petroleum and Petroleum Products Wholesalers.
                                                a North   American Industry Classification System (NAICS).

                                             This table is not intended to be                           • Make sure to submit your                            2. Inventory Calculation Methodology
                                             exhaustive, but rather provides a guide                  comments by the comment period                          B. Potential Costs
                                             for readers regarding entities likely to be              deadline identified.                                  IX. Statutory and Executive Order Reviews
                                                                                                                                                              A. Executive Order 12866: Regulatory 

                                             regulated by this action. To determine
                                                                                                      II. Additional Information About This                      Planning and Review 

                                             whether particular activities may be                                                                             B. Paperwork Reduction Act
                                             affected by this action, you should                                                                              C. Regulatory Flexibility Act
                                             carefully examine the regulations. You                      The current emission standards for                   D. Unfunded Mandates Reform Act
                                             may direct questions regarding the                       new compression-ignition marine                         E. Executive Order 13132: Federalism
                                             applicability of this action as noted in                 engines with per cylinder displacement                  F. Executive Order 13175: Consultation
                                             FOR FURTHER INFORMATION CONTACT.                         at or above 30 liters per cylinder were                    and Coordination With Indian Tribal
                                                                                                      adopted in 2003 (see 68 FR 9746,                           Governments
                                             B. What Should I Consider as I Prepare                   February 28, 2003). This ANPRM relies                   G. Executive Order 13045: Protection of
                                             My Comments for EPA?                                                                                                Children From Environmental Health
                                                                                                      in part on information that was obtained                   and Safety Risks
                                                1. Submitting CBI. Do not submit this                 for that rule, which can be found in                    H. Executive Order 13211: Actions That
                                             information to EPA through                               Public Docket EPA–HQ–OAR–2003–                             Significantly Affect Energy Supply,
                                             www.regulations.gov or e-mail. Clearly                   0045. This docket is incorporated into                     Distribution, or Use
                                             mark the part or all of the information                  the docket for this action, EPA–HQ–                     I. National Technology Transfer 

                                             that you claim to be CBI. For CBI                        OAR–2007–0121.                                             Advancement Act 

                                             information in a disk or CD–ROM that                                                                             J. Executive Order 12898: Federal Actions
                                                                                                      Table of Contents                                          To Address Environmental Justice in
                                             you mail to EPA, mark the outside of the                                                                            Minority Populations and Low-Income
                                                                                                      I. Overview
                                             disk or CD–ROM as CBI and then                              A. Background: EPA’s Current Category 3                 Populations
                                             identify electronically within the disk or                     Standards
                                             CD–ROM the specific information that                        B. Program Under Consideration                     I. Overview
                                             is claimed as CBI. In addition to one                    II. Why Is EPA Considering New Controls?                 In recent years, EPA has adopted
                                             complete version of the comment that                        A. Ozone and PM Attainment                         major new programs designed to reduce
                                             includes information claimed as CBI, a                      B. Public Health Impacts                           emissions from diesel engines. When
                                             copy of the comment that does not                           1. Particulate Matter                              fully phased in, these new programs for
                                                                                                         2. Ozone
                                             contain the information claimed as CBI                                                                         highway 1 and land-based nonroad 2
                                                                                                         3. Air Toxics
                                             must be submitted for inclusion in the                      C. Other Environmental Effects                     diesel engines will lead to the
                                             public docket. Information so marked                        1. Visibility                                      elimination of over 90 percent of
                                             will not be disclosed except in                             2. Plant and Ecosystem Effects of Ozone            harmful regulated pollutants from these
                                             accordance with procedures set forth in                     3. Acid Deposition                                 sources. The public health and welfare
                                             40 CFR part 2.                                              4. Eutrophication and Nitrification                benefits of these actions are very
                                                2. Tips for Preparing Your Comments.                     5. Materials Damage and Soiling                    significant, projected at over $70 billion
                                             When submitting comments, remember                       III. Relevant Clean Air Act Provisions                and $83 billion for our highway and
                                                                                                      IV. International Regulation of Air Pollution
                                             to:                                                                                                            land-based nonroad diesel programs,
                                                                                                            From Ships
                                                • Identify the rulemaking by docket                   V. Potential Standards and Effective Dates            respectively. In contrast, the
                                             number and other identifying                                A. NOX Standards                                   corresponding cost of these programs
                                             information (subject heading, Federal                       B. PM and SOX Standards                            will be a small fraction of this amount.
                                             Register date and page number).                          VI. Emission Control Technology                       We have estimated the annual cost at
                                                • Follow directions—The agency may                       A. Engine-Based NOX Control                        $4.2 billion and $2 billion, respectively
                                             ask you to respond to specific questions                    1. Traditional In-Cylinder Controls                in 2030. These programs are being
                                             or organize comments by referencing a                       2. Water-Based Technologies                        implemented over the next decade.
                                             Code of Federal Regulations (CFR) part                      3. Exhaust Gas Recirculation                          We have also recently proposed a new
                                             or section number.                                          B. NOX Aftertreatment
                                                                                                                                                            emission control program for
                                                                                                         C. PM and SOX Control
                                                • Explain why you agree or disagree,                                                                        locomotives and marine diesel engines.3
                                                                                                         1. In-Cylinder Controls
                                             suggest alternatives, and substitute                        2. Fuel Quality                                    The proposed standards would address
                                             language for your requested changes.                        3. Exhaust Gas Scrubbers                           all types of diesel locomotives (line-
                                                • Describe any assumptions and                        VII. Certification and Compliance                     haul, switch, and passenger rail) and all
                                             provide any technical information and/                      A. Testing                                         types of marine diesel engines below 30
                                             or data that you used.                                      1. PM Sampling                                     liters per cylinder displacement
                                                • If you estimate potential costs or                     2. Low Power Operation                             (including propulsion engines used on
                                             burdens, explain how you arrived at                         3. Test Fuel                                       vessels from recreational and small
                                             your estimate in sufficient detail to                       B. On-off Technologies
                                                                                                                                                            fishing boats to super-yachts, tugs and
                                             allow for it to be reproduced.                              C. Parameter Adjustment
                                                                                                                                                            Great Lakes freighters, and auxiliary
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                                                                                                         D. Certification of Existing Engines
                                                • Provide specific examples to                                                                              engines ranging from small generator
                                                                                                         E. Other Compliance Issues
                                             illustrate your concerns, and suggest                       1. Engines on Foreign-Flagged Vessels              sets to large generators on ocean-going
                                             alternatives.                                               2. Non-Diesel Engines
                                                • Explain your views as clearly as                    VIII. Potential Regulatory Impacts                      1 66 FR 5001, January 18, 2001. 

                                             possible, avoiding the use of profanity                     A. Emission Inventory                                2 69 FR 38957, June 29, 2004. 

                                             or personal threats.                                        1. Estimated Inventory Contribution                  3 72 FR 15937, April 3, 2007. 

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                                             69524                  Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules

                                             vessels).4 The proposal consists of a                   carcinogenic to humans by inhalation at                   and gives an overview of the program
                                             three-part program. First, we are                       environmental exposures.5 Recent                          we are considering. Section II provides
                                             proposing more stringent standards for                  studies are showing that populations                      a brief discussion of the health and
                                             existing locomotives that would apply                   living near large diesel emission sources                 human impacts of emissions from
                                             when they are remanufactured; we are                    such as major roadways,6 rail yards, and                  Category 3 marine diesel engines.
                                             also requesting comment on a program                    marine ports 7 are likely to experience                   Section III identifies relevant Clean Air
                                             that would apply a similar requirement                  greater diesel exhaust exposure levels                    Act provisions and Section IV
                                             to existing marine diesel engines up to                 than the overall U.S. population, putting                 summarizes our interactions with the
                                             30 liters per cylinder displacement                     them at greater health risks. We are                      International Maritime Organization
                                             when they are remanufactured. Second,                   currently studying the size of the U.S.                   (IMO). In Sections V and VI, we
                                             we are proposing a set of near-term                     population living near a sample of                        describe the potential emission limits
                                             emission standards, referred to as Tier 3,              approximately 50 marine ports and will                    and the emission control technologies
                                             for newly-built locomotives and marine                  place this information in the docket for                  that can be used to meet them. Section
                                             engines up to 30 liters per cylinder                    this ANPRM upon completion.                               VII discusses several compliance issues.
                                             displacement that reflect the application                  Category 3 marine engines are                          In Section VIII, we summarize the
                                             of in-cylinder technologies to reduce                   currently subject to emission standards                   contribution of these engines to current
                                             engine-out NOX and PM. Third, we are                    that rely on engine-based technologies                    mobile source NOX and PM inventories
                                             proposing longer-term standards for                     to reduce emissions. These standards,                     in the United States and describe our
                                             locomotive engines and certain marine                   which were adopted in 2003 and went                       plans for our future cost analysis.
                                             diesel engines, referred to as Tier 4                   into effect in 2004, are equivalent to the                Finally, Section IX contains information
                                             standards, that reflect the application of              NOX limits in Annex VI to the MARPOL                      on statutory and executive order
                                             high-efficiency catalytic aftertreatment                Convention, adopted by a Conference of                    reviews covering this action. We are
                                             technology enabled by the availability of               the Parties to the Convention in 1997.                    interested in comments covering all
                                             ultra-low sulfur diesel (ULSD) fuel.                    The opportunity to gain large additional                  aspects of this ANPRM.
                                               Marine diesel engines above 30 liters                 public health benefits through the
                                             per cylinder, called Category 3 marine                                                                            A. Background: EPA’s Current Category
                                                                                                     application of advanced emission
                                             diesel engines, are significant                                                                                   3 Standards
                                                                                                     control technologies, including
                                             contributors to our national mobile                     aftertreatment, lead us to consider more                     EPA currently has emission standards
                                             source emission inventory. Category 3                   stringent standards for these engines. In                 for Category 3 marine diesel engines.
                                             marine engines are predominantly used                   order to achieve these emission                           The standards, adopted in 2003, are
                                             in ocean-going vessels (OGV). The                       reductions on the ship, however, it may                   equivalent to the MARPOL Annex VI
                                             contribution of these engines to national               be necessary to control the sulfur                        NOX limits. They apply to any Category
                                             inventories is described in section                     content of the fuel used in these                         3 engine installed on a vessel flagged or
                                             VIII.A of this preamble. These                          engines. Finally, because of the                          registered in the United States,
                                             inventories are expected to grow                        international nature of ocean-going                       beginning in 2004.
                                             significantly due to expected increases                 marine transportation, and the very                          In our 2003 final rule, we considered
                                             in foreign trade. Without new controls,                 large inventory contribution from                         adopting standards that would achieve
                                             we anticipate that their overall                        foreign-flagged vessels, we may also                      greater emission reductions through
                                             contribution to mobile source oxides of                 consider the applicability of federal                     expanding the use and optimization of
                                             nitrogen (NOX) and fine diesel                          standards to foreign vessels that enter                   in-cylinder controls as well as through
                                             particulate matter (PM2.5) emissions will               U.S. ports (see Section VII.E).                           the use of advanced emission control
                                             increase to about 34 and 45 percent                        In this ANPRM, we describe the                         technologies including water
                                             respectively by 2030. Their contribution                emission program we are considering                       technologies (water injection,
                                             to emissions in port areas on a                         for Category 3 marine diesel engines and                  emulsification, humidification) and
                                             percentage basis would be expected to                   technologies we believe can be used to                    selective catalytic reduction (SCR).
                                             be significantly higher.                                achieve those standards. The remainder                    However, we determined that it was
                                               Reducing emissions from these                         of this section provides background on                    appropriate to defer a final decision on
                                             engines can lead to improvements in                     our current emission control program                      the longer-term Tier 2 standards to a
                                             public health and would help states and                                                                           future rulemaking. While there was a
                                             localities attain and maintain the PM                      5 U.S. EPA (2002) Health Assessment Document           certain amount of information available
                                             and ozone national ambient air quality                  for Diesel Engine Exhaust. EPA/600/8–90/057F.             at the time about the advanced
                                             standards. Both ozone and PM2.5 are                     Office of Research and Development, Washington            technologies, there were several
                                                                                                     DC. This document is available electronically at          outstanding technical issues concerning
                                             associated with serious public health                   http://cfpub.epa.gov/ncea/cfm/
                                             problems, including premature                           recordisplay.cfm?deid=29060. This document is
                                                                                                                                                               the widespread commercial use of those
                                             mortality, aggravation of respiratory and               available in Docket EPA–HQ–OAR–2007–0121.                 technologies. Deferring the Tier 2
                                             cardiovascular disease (as indicated by                    6 Kinnee, E.J.; Touman, J.S.; Mason, R.; Thurman,      standards to a second rulemaking
                                             increased hospital admissions and                       J.; Beidler, A.; Bailey, C.; Cook, R. (2004) Allocation   allowed us the opportunity to obtain
                                                                                                     of onroad mobile emissions to road segments for air       important additional information on the
                                             emergency room visits, school absences,                 toxics modeling in an urban area. Transport. Res.
                                             lost work days, and restricted activity                 Part D 9: 139–150.                                        use of these advanced technologies that
                                             days), changes in lung function and                        7 State of California Air Resources Board.             we expected to become available over
                                             increased respiratory symptoms, altered                 Roseville Rail Yard Study. Stationary Source              the next few years. This new
                                                                                                     Division, October 14, 2004. This document is              information was expected to include: (1)
                                             respiratory defense mechanisms, and                     available electronically at: http://www.arb.ca.gov/
                                             chronic bronchitis. In addition, diesel                                                                           New developments as manufacturers
jlentini on PROD1PC65 with PROPOSALS2

                                                                                                     diesel/documents/rrstudy.htm and State of
                                             exhaust is of special public health                     California Air Resources Board. Diesel Particulate        continue to make various improvements
                                             concern. Since 2002 EPA has classified                  Matter Exposure Assessment Study for the Ports of         to the technology and address any
                                                                                                     Los Angeles and Long Beach, April 2006. This              remaining concerns, (2) data or
                                             diesel exhaust as likely to be                          document is available electronically at: http://
                                                                                                                                                               experience from recently initiated in-
                                               4 Marine diesel engines at or above 30 l/cyl          portstudy0406.pdf. This document is available in          use installations using the advanced
                                             displacement are not included in this program.          Docket EPA–HQ–OAR–2007–0121.                              technologies, and (3) information from

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                                                                    Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules                                          69525

                                             longer-term in-use experience with the                  term, these emissions can be decreased                to believe that the focus of the emission
                                             advanced technologies that would be                     by using fuel with a reduced sulfur                   control program should be on
                                             helpful for evaluating the long-term                    content or through the use of exhaust                 meaningful long-term standards that
                                             durability of emission controls. An                     gas cleaning technology; this is the idea             would apply high-efficiency catalytic
                                             additional reason to defer the adoption                 behind the SOX Emission Control Areas                 aftertreatment to these engines, short-
                                             of long-term standards for Category 3                   (SECAs) provided for in Annex VI. More                term emission reductions could be
                                             engines was to allow the United States                  significant reductions can be obtained                achieved through incremental
                                             to pursue further negotiations in the                   by using distillate fuel, and at least one            improvements to existing engine
                                             international arena to achieve more                     company has been voluntarily switching                designs. These design improvements
                                             stringent global emission standards for                 from residual fuel to distillate fuel while           can be consistent with a long-term, after
                                             marine diesel engines.8                                 their ships are operating within 24                   treatment-based Tier 3 program. The
                                                Finally, because the standards                       nautical miles of certain California                  recent experience of engine
                                             adopted in our 2003 rulemaking were                     ports.10 Their experience demonstrates                manufacturers in applying advanced
                                             equivalent to the international                         that this type of fuel switching can be               control technologies to other mobile
                                             standards, we determined that it was                    done safely and efficiently, although the             sources suggests that incremental
                                             appropriate to defer a decision on the                  higher price of distillate fuel may limit             changes of the type that would be used
                                             application of federal standards to                     this approach to near-coast and port                  to achieve the Tier 2 standards may also
                                             engines on foreign-flagged vessels that                 areas. In addition, emission scrubbing                be used in strategies to achieve the Tier
                                             enter U.S. ports. We indicated that we                  techniques are improving, which have                  3 standards. For example, Tier 2
                                             would consider this issue again in our                  the potential for significant PM                      technologies may allow engine
                                             future rulemaking, and we intend to                     reductions from Category 3 engines.                   manufacturers to size their
                                             evaluate how best to address emissions                     We are currently considering an                    aftertreatment control systems smaller.
                                             from foreign vessels in this action. We                 emission control program for new                      A more stringent Tier 2 control program,
                                             expect our proposal to reflect an                       Category 3 marine diesel engines that                 however, may risk diverting resources
                                             approach similar to the emission                        takes advantage of these new emission                 away from Tier 3 and may result in the
                                             program recently proposed by the                        reduction approaches. The program we                  application of emission reduction
                                             United States in the current discussions                are considering, described in more                    strategies that are not consistent with
                                             at the IMO to amend the MARPOL                          detail in Section V, would focus on                   high-efficiency catalytic aftertreatment-
                                             Annex VI standards to a level that                      NOX, PM, and SOX control from new                     based controls.
                                             achieves significant reductions in NOX,                 and existing engines. This program is
                                             PM, and SOX emissions from Category                                                                              For PM and SOX control, we are
                                                                                                     similar to the one recently proposed at               considering a performance standard that
                                             3 marine diesel engines.9 We will                       the IMO by the U.S. government.
                                             evaluate progress at the IMO and, as                                                                          would reflect the use of low-sulfur
                                                                                                        For NOX control for new engines, we                distillate fuels or the use of exhaust gas
                                             appropriate, consider the application of                are considering a two-phase approach.
                                             new EPA national standards to engines                                                                         cleaning technology (e.g., scrubbers), or
                                                                                                     In the first phase, called Tier 2, we are             a combination of both. These standards
                                             on foreign-flagged vessels that enter U.S.              considering a NOX emission limit for
                                             ports under our Clean Air Act authority.                                                                      would apply as early as 2011 and would
                                                                                                     new engines that would be 15 to 25                    potentially achieve SOX reductions as
                                             B. Program Under Consideration                          percent below the current NOX limits as               high as 95 percent and substantial PM
                                                                                                     defined by the NOX curve in the current               reductions as well. We believe a
                                                As described in Section VI,
                                                                                                     Tier 1 standards. These standards would               performance standard would be a cost-
                                             continuing advancements in diesel
                                                                                                     apply at all times. In the second phase,              effective approach for PM emission
                                             engine control technology support the
                                             adoption of long-term technology-                       called Tier 3, we are considering a NOX               reductions since it allows ship owners
                                             forcing standards for Category 3 engines.               emission limit that would achieve an                  to choose from a variety of mechanisms
                                             With regard to NOX control, SCR has                     additional 80 percent reduction from                  to achieve the standard, including fuel
                                             been applied to many land-based                         the Tier 2 limits. We are considering the             switching or the use of emission
                                             applications, and the technology                        Tier 2 limits as early as 2011 and Tier               scrubbers. Compliance with the PM and
                                             continues to be refined and improved.                   3 limits in the 2016 time frame. Because              SOX emissions could be limited to
                                             More propulsion engines have been                       Tier 3 standards are likely to be                     operation in a defined geographical
                                             fitted with the technology, especially on               achieved using aftertreatment                         area. For example, ships operating in
                                             vessels operating in the Baltic Sea, and                technologies, the application of the                  the defined coastal areas (i.e., within a
                                             it is being found to be very effective and              standards could be geographically-based               specified distance from shore) would be
                                             durable in-use. These improvements, in                  thereby allowing operators to turn the                required to meet the requirements while
                                             addition to better optimization of                      system off while they are outside of a                operating within the area, but could
                                             engine-based controls, have the                         specified geographic area. That area                  ‘‘turn off’’ the control mechanism while
                                             potential for significant NOX reductions.               could be the same as the compliance                   on the open sea. This type of
                                             PM and SOX emissions from Category 3                    area for PM and SOX reductions (see                   performance standard could apply to all
                                             engines are primarily due to the sulfur                 below). This two-part approach would                  vessels, new or existing, that operate
                                             content of the fuel they use. In the short              permit near-term emission reductions                  within the designated area. An
                                                                                                     while achieving deeper reductions                     important advantage of a geographic
                                               8 68FR 9748, February 28, 2003.                       through long-term standards.                          approach for PM and SOX control, as
                                               9 ‘‘Revision
                                                          of the MARPOL Annex VI, the NOX               We believe a two-phase approach                    well as the Tier 3 standards, is that it
                                             Technical Code and Related Guidelines;                  under consideration is an effective way               would result in emission reductions that
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                                             Development of Standards for NOX, PM, and SOX,’’        to maximize NOX emission reductions
                                             submitted by the United States, BLG 11/5, Sub-                                                                are important for health and human
                                             Committee on Bulk Liquids and Gases, 11th               from these engines. While we continue                 welfare while reducing the costs of the
                                             Session, Agenda Item 5, February 9, 2007, Docket                                                              program since ships will not be required
                                             ID EPA–HQ–OAR–2007–0121–0034. This                        10 See ‘‘Maersk Line Announces Fuel Switch for

                                             document is also available on our Web site: http://     Vessels Calling California’’ at http://
                                                                                                                                                           to comply with the limits while they are
                                             www.epa.gov/otaq/oceanvessels.com.                      www.maerskline.com/globalfile/?path=/pdf/             operating across large areas of the open
                                                                                                     environment_fuel_initiative.                          sea.

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                                             69526                  Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules

                                               We are also considering NOX                           are located in nonattainment areas for                million tons a year or 34 percent of U.S.
                                             emission controls for existing Category                 ozone and/or PM2.5 (See Figure II–1).                 mobile source NOX emissions while
                                             3 engines that would begin in 2012.                        The health and environmental effects               PM2.5 emissions are expected to almost
                                             There are at least two approaches that                  associated with these emissions are a                 triple to 170,000 tons annually
                                             could be used for setting NOX emission                  classic example of a negative externality             comprising 45 percent of U.S. mobile
                                             limits for existing engines. The first                  (an activity that imposes                             source PM2.5 emissions.13 In 2007
                                             would be to set a performance standard,                 uncompensated costs on others). With a                annual emission of SOX from Category
                                             for example a reduction of about 20                     negative externality, an activity’s social            3 engines totaled almost 530,000 tons or
                                             percent from the Tier 1 NOX limits; how                 cost (the cost borne by society imposed               more than half of mobile source SOX
                                             this reduction is achieved would be left                as a result of the activity taking place)             and by 2030 these emissions are
                                             up to the ship owner. Alternatively, the                exceeds its private cost (the cost to those           expected to increase to 1.3 million tons
                                             second approach would be to express                     directly engaged in the activity). In this            or 94 percent of mobile source
                                             the requirement as a specified action,                  case, emissions from Category 3 marine                emissions.
                                             for example an injector change known                    engines impose public health and                         Both ozone and PM2.5 are associated
                                             to achieve a particular reduction; this                 environmental costs on society.                       with serious public health problems,
                                             approach would simplify verification,                   However, these added costs to society                 including premature mortality,
                                             but the emission reduction results may                  are not reflected in the costs of those               aggravation of respiratory and
                                             vary across engines. We will be                         using these engines and equipment. The                cardiovascular disease (as indicated by
                                             exploring both of these alternative                     market system itself cannot correct this              increased hospital admissions and
                                             approaches and seek comment on the                      negative externality because firms in the             emergency room visits, school absences,
                                             relative merits of each.                                market are rewarded for minimizing                    lost work days, and restricted activity
                                                                                                     their operating costs, including the costs            days), increased respiratory symptoms,
                                             II. Why Is EPA Considering New                          of pollution control. In addition, firms              altered respiratory defense mechanisms,
                                             Controls?                                               that may take steps to use equipment                  and chronic bronchitis. Diesel exhaust
                                                                                                     that reduces air pollution may find                   is of special public health concern, and
                                                Category 3 marine engines subject to                 themselves at a competitive economic                  since 2002 EPA has classified it as likely
                                             today’s ANPRM generate significant                      disadvantage compared to firms that do                to be carcinogenic to humans by
                                             emissions of fine particulate matter                    not. The emission standards that EPA is               inhalation at environmental
                                             (PM2.5), nitrogen oxides (NOX) and                      considering for Category 3 marine diesel              exposures.14
                                             sulfur oxides (SOX) that contribute to                  engines would help address this market                   Recent studies are showing that
                                             nonattainment of the National Ambient                   failure and reduce the negative                       populations living near large diesel
                                             Air Quality Standards for PM2.5 and                     externality from these emissions by                   emission sources such as major
                                             ozone. NOX is a key precursor to ozone                  providing a positive incentive for engine             roadways 15, railyards, and marine
                                             and secondary PM formation while SOX                    manufacturers to produce engines that                 ports 16 are likely to experience greater
                                             is a significant contributor to ambient                 emit fewer harmful pollutants and for                 diesel exhaust exposure levels than the
                                             PM2.5. These engines also emit volatile                 vessel builders and owners to use those               overall U.S. population, putting them at
                                             organic compounds (VOCs), carbon                        cleaner engines.                                      greater health risks. As part of our
                                             monoxide (CO), and hazardous air                           When considering vessel operations                 current locomotive and marine diesel
                                             pollutants or air toxics, which are                     in the United States’ Exclusive                       engine rulemaking (72 FR 15938, April
                                             associated with adverse health effects.                 Economic Zone (EEZ), emissions from                   3, 2007), we are studying the U.S.
                                             Diesel exhaust is of special public                     Category 3 marine engines account for a               population living near a sample of 47
                                             health concern, and since 2002 EPA has                  substantial portion of the United States’             marine ports which are located along
                                             classified it as likely to be carcinogenic              ambient PM2.5 and NOX mobile source                   the entire east and west coasts of the
                                             to humans by inhalation at                              emissions.12 We estimate that annual                  U.S. as well as the Gulf of Mexico and
                                             environmental exposures. In addition,                   emissions in 2007 from these engines                  the Great Lakes region. This information
                                             emissions from these engines also cause                 totaled more than 870,000 tons of NOX
                                             harm to public welfare, contributing to                 emissions and 66,000 tons of PM2.5. This                13 These projections are based on growth rates

                                             visibility impairment, and other                        represents more than 8 percent of U.S.                ranging from 1.7 to 5.0 percent per year, depending
                                             detrimental environmental impacts                                                                             on the geographic region. The growth rates are
                                                                                                     mobile source NOX and 15 percent of                   described in Section VIII.A.
                                             across the U.S.                                         U.S. mobile source PM2.5 emissions.                     14 U.S. EPA (2002) Health Assessment Document

                                             A. Ozone and PM Attainment                              These numbers are projected to increase               for Diesel Engine Exhaust. EPA/600/8–90/057F.
                                                                                                     significantly through 2030 due to                     Office of Research and Development, Washington
                                                                                                                                                           DC. This document is available electronically at
                                               Many of our nation’s most serious                     growth in the use of Category 3 marine                http://cfpub.epa.gov/ncea/cfm/
                                             ozone and PM2.5 nonattainment areas                     engines to transport overseas goods to                recordisplay.cfm?deid=29060. This document is
                                             are located along our coastlines where                  U.S. markets and U.S. produced goods                  available in Docket EPA–HQ–OAR–2007–0121.
                                                                                                                                                             15 Kinnee, E.J.; Touman, J.S.; Mason, R.;
                                             vessels using Category 3 marine engine                  overseas. Furthermore, their proportion
                                                                                                                                                           Thurman,J.; Beidler, A.; Bailey, C.; Cook, R. (2004)
                                             emissions contribute to air pollution in                of the emission inventory is projected to             Allocation of onroad mobile emissions to road
                                             or near urban areas where significant                   increase significantly as regulatory                  segments for air toxics modeling in an urban area.
                                             numbers of people are exposed to these                  controls on other major emission                      Transport. Res. Part D 9: 139–150.
                                             emissions. The contribution of these                    categories take effect. By 2030, NOX                    16 State of California Air Resources Board.

                                             engines to air pollution is substantial                 emissions from these ships are projected              Roseville Rail Yard Study. Stationary Source
                                                                                                                                                           Division, October 14, 2004. This document is
                                             and is expected to grow in the future.                  to more than double, growing to 2.1                   available electronically at: http://www.arb.ca.gov/
                                             Currently more than 40 major U.S.
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                                                                                                                                                           diesel/documents/rrstudy.htm and State of
                                             ports 11 along our Atlantic, Great Lakes,                  12 In general, the United States Exclusive         California Air Resources Board. Diesel Particulate
                                             Gulf of Mexico, and Pacific coast lines                 Economic Zone (EEZ) extends to 200 nautical miles     Matter Exposure Assessment Study for the Ports of
                                                                                                     from the U.S. coast. Exceptions include geographic    Los Angeles and Long Beach, April 2006. This
                                                                                                     regions near Canada, Mexico and the Bahamas           document is available electronically at: http://
                                               11 American Association of Port Authorities           where the EEZ extends less than 200 nautical miles    www.arb.ca.gov/regact/marine2005/
                                             (AAPA), Industry Statistics, 2005 port rankings by      from the U.S. coast. See map in Figure VIII–1,        portstudy0406.pdf. These documents are available
                                             cargo tonnage.                                          below.                                                in Docket EPA–HQ–OAR–2007–0121.

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                                                                    Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules                                         69527

                                             will be placed in the docket for this                   federal areas for visibility.                         percent, contributing 61 percent of
                                             rulemaking when the study is                            Superimposed on this map are top U.S.                 Santa Barbara’s total NOX emissions.
                                             completed. The PM2.5 and NOX                            ports many of which receive significant               This mix of emission sources led Santa
                                             reductions which would occur as a                       port stops from ocean going vessels                   Barbara to point out that they will be
                                             result of applying advanced emissions                   operating with Category 3 marine                      unable to meet air quality standards for
                                             control strategies to Category 3 marine                 engines. Currently more than 40 major                 ozone without significant emission
                                             engines could both reduce the amount                    U.S. deep sea ports are located in these              reductions from these vessels, even if
                                             of emissions that populations near these                nonattainment areas. Many ports are                   they completely eliminate all other
                                             sources are exposed to and assist state                 located in areas rated as class I federal             sources of pollution. Interport emissions
                                             and local governments as they work to                   areas for visibility impairment and                   from OGV also contribute to other
                                             reduce NOX and PM2.5 inventories.                       regional haze. It should be noted that                environmental problems, affecting
                                               Today millions of Americans                           emissions from ocean-going vessels are                sensitive marine and land ecosystems.
                                             continue to live in areas that do not                   not simply a localized problem related                As discussed above, EPA recently
                                             meet existing air quality standards. As                 only to cities that have commercial                   completed estimates of the contribution
                                             of June 2007 there are approximately 88                 ports. Virtually all U.S. coastal areas are           of Category 3 engines to emission
                                             million people living in 39 designated                  affected by emissions from ships that                 inventories. We recognize that air
                                             areas (which include all or part of 208                 transit between those ports, using                    quality effects may vary from one port/
                                             counties) that either do not meet the                   shipping lanes that are close to land.
                                                                                                                                                           coastal area to another with differences
                                             current PM2.5 NAAQS or contribute to                    Many of these coastal areas also have
                                                                                                                                                           in meteorology, because of spatial
                                             violations in other counties, and 149                   high population densities. For example,
                                                                                                                                                           differences in emissions with ship
                                             million people living in 94 areas (which                Santa Barbara, which has no
                                                                                                                                                           movements within regional areas. In
                                             include all or part of 391 counties)                    commercial port, estimates that engines
                                                                                                     on ocean-going marine vessels currently               addition, these emissions may also
                                             designated as not in attainment for the
                                                                                                     contribute about 37 percent of total NOX              affect adjacent coastal areas. For these
                                             8-hour ozone NAAQS. These numbers
                                                                                                     in their area.17 These emissions are from             reasons, we plan to study several
                                             do not include the people living in areas
                                             where there is a significant future risk                ships that transit the area, and ‘‘are                different port areas to better assess the
                                             of failing to maintain or achieve either                comparable to (even slightly larger than)             air quality effects of emissions from
                                             the PM2.5 or ozone NAAQS.                               the amount of NOX produced onshore                    Category 3 engines. We believe that
                                               Figure II–1 illustrates the widespread                by cars and truck.’’ By 2015 these                    there are additional port and adjacent
                                             nature of these problems and depicts                    emissions are expected to increase 67                 coastal areas affected by emissions from
                                             counties which are currently (as of                                                                           Category 3 marine engines. We will be
                                             March 2007) designated nonattainment                      17 Memorandum to Docket A–2001–11 from Jean-        performing air quality modeling specific
                                             for either or both the 8-hour ozone                     Marie Revelt, Santa Barbara County Air Quality        to this issue to better assess these
                                                                                                     News, Issue 62, July–August 2001 and other            impacts.
                                             NAAQS and PM2.5 NAAQS. It also                          materials provided to EPA by Santa Barbara
                                             shows the location of mandatory class I                 County,’’ March 14, 2002.                             BILLING CODE 6560–50–P
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                                             69528                  Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules
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                                             BILLING CODE 6560–50–C

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                                                                    Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules                                                 69529

                                                Emissions from Category 3 marine                     PM2.5 emissions within marine ports                   that in 2015 up to 52 counties with 53
                                             engines account for a substantial and                   contribute significantly to elevated                  million people may violate the daily,
                                             growing portion of the U.S.’s coastal                   ambient concentrations near these                     annual, or both standards for PM2.5
                                             ambient PM2.5 and NOX levels. The                       sources. A substantial number of people               while an additional 27 million people in
                                             emission reductions from tightened                      experience exposure to Category 3                     54 counties may live in areas that have
                                             Category 3 marine engine standards                      marine engine emissions, raising                      air quality measurements within 10
                                             could play an important part in states’                 potential health concerns. Additional                 percent of the revised NAAQS. Even in
                                             efforts to attain and maintain the                      information on marine port emissions                  2020 up to 48 counties, with 54 million
                                             NAAQS in the coming decades,                            and ambient exposures can be found in                 people, may still not be able to meet the
                                             especially in coastal nonattainment                     section II.B.3 of this ANPRM.                         revised PM2.5 NAAQS and an additional
                                             areas, where these engines comprise a                      In addition to public health impacts,
                                                                                                     there are serious public welfare and                  25 million people, living in 50 counties,
                                             large portion of the remaining NOX and
                                             PM2.5 emissions inventories. For                        environmental impacts associated with                 are projected to have air quality
                                             example, 2001 emission inventories for                  ozone and PM2.5. Specifically, ozone                  measurements within 10 percent of the
                                             California’s South Coast ozone and PM                   causes damage to vegetation which                     revised standards. The PM2.5 inventory
                                             nonattainment areas 18 indicate that                    leads to crop and forestry economic                   reductions that would be achieved from
                                             ocean-going vessels (OGVs) contribute                   losses, as well as harm to national parks,            applying advanced emissions control
                                             about 30 tons per day (tpd) of NOX and                  wilderness areas, and other natural                   strategies to Category 3 engines could be
                                             21⁄2 tpd of PM2.5 to regional                           systems. NOX, SOX and PM2.5 can                       useful in helping coastal nonattainment
                                             inventories—and absent additional                       contribute to the substantial impairment              areas, to both attain and maintain the
                                             emission controls, this number would                    of visibility in many parts of the U.S.,              revised PM2.5 NAAQS.
                                             almost triple in 2020 to 86 tpd of NOX                  where people live, work, and recreate,                   State and local governments are
                                             and 8 tpd of PM2.5 as port-related                      including national parks, wilderness                  working to protect the health of their
                                             activities continue to grow. The                        areas, and mandatory class I federal
                                                                                                                                                           citizens and comply with requirements
                                             Houston-Galveston-Beaumont area is                      areas. The deposition of airborne
                                                                                                                                                           of the Clean Air Act (CAA or ‘‘the Act’’).
                                             also faced with growing OGV                             particles can also reduce the aesthetic
                                                                                                     appeal of buildings and culturally                    As part of this effort they recognize the
                                             inventories which continue to hamper
                                                                                                     important articles through soiling, and               need to secure additional major
                                             their area’s effort to achieve and
                                                                                                     can contribute directly (or in                        reductions in both PM2.5 and NOX
                                             maintain clean air. Today, OGVs in the
                                             Houston nonattainment area annually                     conjunction with other pollutants) to                 emissions by undertaking state level
                                             contribute about 27 tpd of NOX                          structural damage by means of corrosion               action.23 However, they also seek
                                             emissions and this is projected to climb                or erosion. Finally, NOX and SOX                      further Agency action for national
                                             to 30 tpd by 2009.19 In the Corpus                      emissions from diesel engines                         standards, including the setting of
                                             Christi area, OGVs in 2001 were                         contribute to the acidification,                      stringent new Category 3 marine engine
                                             responsible for about 16 tpd of NOX.20                  nitrification, and eutrophication of                  standards since states are preempted
                                             Finally, in the New York/Northern New                   water bodies.                                         from setting new engine emissions
                                             Jersey nonattainment area, 2000                            While EPA has already adopted many                 standards for this class of engines.24
                                             inventories 21 indicated that OGVs                      emission control programs that are
                                                                                                     expected to reduce ambient ozone and                  B. Public Health Impacts
                                             contributed 12 tpd of NOX emissions
                                             and about 0.75 tpd of PM2.5 emissions                   PM2.5 levels, including the Clean Air                 1. Particulate Matter
                                             to PM inventories. We request comment                   Interstate Rule (CAIR) (70 FR 25162,
                                             on the impact Category 3 marine                         May 12, 2005), the Clean Air Nonroad                    The emission control program for
                                             engines have on state and local emission                Diesel Rule (69 FR 38957, June 29,                    Category 3 marine engines has the
                                             inventories as well as their efforts to                 2004), the Heavy Duty Engine and                      potential to significantly reduce their
                                             meet the ozone and PM2.5 NAAQS.                         Vehicle Standards and Highway Diesel                  contribution to PM2.5 inventories. In
                                                Recently, new studies 22 from the                    Fuel Sulfur Control Requirements (66                  addition, these engines emit high levels
                                             State of California provide evidence that               FR 5002, Jan. 18, 2001), and the Tier 2               of NOX which react in the atmosphere
                                                                                                     Vehicle and Gasoline Sulfur Program                   to form secondary PM2.5, ammonium
                                                18 California Air Resources Board (2006).            (65 FR 6698, Feb. 10, 2000), the PM2.5                nitrate. Category 3 marine engines also
                                             Emission Reduction Plan for Ports and Goods             and NOX emission reductions resulting                 emit large amounts of SO2 and HC
                                             Movements, (April 2006) Appendix B–3, Available         from tightened standards for Category 3
                                             electronically at http://www.arb.ca.gov/gmp/docs/                                                             which react in the atmosphere to form
                                                                                                     marine diesel engines would greatly
                                             finalgmpplan090905.pdf.                                                                                       secondary PM2.5 composed of sulfates
                                                19 Texas Commission On Environmental Quality         assist nonattainment areas, especially
                                                                                                                                                           and organic carbonaceous PM2.5. The
                                             (2006) Houston-Galveston-Brazoria 8-Hour Ozone          along our nation’s coasts, in attaining
                                                                                                                                                           emission control program being
                                             State Implemental Plan & Rules, Informational           and maintaining the ozone and the
                                             Meeting Presentation, Kelly Keel, Air Quality           PM2.5 NAAQS in the near term and in                   considered would reduce the
                                             Planning Section.
                                                                                                     the decades to come.                                  contribution of Category 3 engines to
                                                20 Air Consulting and Engineering Solutions,
                                                                                                        In September 2006, EPA finalized                   both directly emitted diesel PM and
                                             Final Report Phase II Corpus Christi Regional
                                             Airshed, (August 2001) Project Number 21–01–            revised PM2.5 NAAQS. Nonattainment                    secondary PM emissions.
                                             0006.                                                   areas will be designated with respect to
                                                21 The Port Authority of New York & New Jersey,                                                               23 For example, see: California Air Resources
                                                                                                     the revised PM2.5 NAAQS in early 2010.
                                             (2003), The New York, Northern New Jersey, Long                                                               Board (2006). Emission Reduction Plan for Ports
                                             Island Nonattainment Area Commercial Marine
                                                                                                     EPA modeling, conducted as part of                    and Goods Movements, (April 2006), Available
                                                                                                     finalizing the revised NAAQS, projects
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                                             Vessel Emissions Inventory, Prepared by Starcrest                                                             electronically at http://www.arb.ca.gov/gmp/docs/
                                             Consulting Group, LLC.                                                                                        finalgmpplan090905.pdf.
                                                22 State of California Air Resources Board.          Matter Exposure Assessment Study for the Ports of        24 For example, see letter dated November 29,

                                             Roseville Rail Yard Study. Stationary Source            Los Angeles and Long Beach, April 2006. This          2006 from California Environmental Protection
                                             Division, October 14, 2004. This document is            document is available electronically at: ftp://       Agency to Administrator Stephen L. Johnson and
                                             available electronically at: http://www.arb.ca.gov/     ftp.arb.ca.gov/carbis/msprog/offroad/marinevess/      January 20, 2006 letter from Executive Director,
                                             diesel/documents/rrstudy.htm and State of               documents/portstudy0406.pdf. These documents          Puget Sound Clean Air Agency to Administrator
                                             California Air Resources Board. Diesel Particulate      are available in Docket EPA–HQ–OAR–2007–0121.         Stephen L. Johnson.

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                                             69530                  Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules

                                             (a) Background                                          the Federal Register on October 17,                      Health effects associated with short-
                                                Particulate matter (PM) represents a                 2006, addressed revisions to the primary              term exposures (hours to days) to
                                             broad class of chemically and physically                and secondary NAAQS for PM to                         ambient PM include premature
                                             diverse substances. It can be principally               provide increased protection of public                mortality, increased hospital
                                             characterized as discrete particles that                health and welfare, respectively. The                 admissions, heart and lung diseases,
                                             exist in the condensed (liquid or solid)                level of the 24-hour PM2.5 NAAQS was                  increased cough, adverse lower-
                                             phase spanning several orders of                        revised from 65µg/m3 to 35µg/m3 to                    respiratory symptoms, decrements in
                                             magnitude in size. PM is further                        provide increased protection against                  lung function and changes in heart rate
                                             described by breaking it down into size                 health effects associated with short-term             rhythm and other cardiac effects.
                                             fractions. PM10 refers to particles                     exposures to fine particles. The current              Studies examining populations exposed
                                             generally less than or equal to 10                      form of the 24-hour PM2.5 standard was                to different levels of air pollution over
                                             micrometers (µm). PM2.5 refers to fine                  retained (e.g., based on the 98th                     a number of years, including the
                                             particles, those particles generally less               percentile concentration averaged over                Harvard Six Cities Study and the
                                             than or equal to 2.5 µm in diameter.                    three years). The level of the annual                 American Cancer Society Study, show
                                             Inhalable (or ‘‘thoracic’’) coarse particles            PM2.5 NAAQS was retained at 15µg/m3,                  associations between long-term
                                             refer to those particles generally greater              continuing protection against health                  exposure to ambient PM2.5 and both
                                             than 2.5 µm but less than or equal to 10                effects associated with long-term                     total and cardiovascular and respiratory
                                             µm in diameter. Ultrafine PM refers to                  exposures. The current form of the                    mortality.29 In addition, a reanalysis of
                                             particles less than 100 nanometers (0.1                 annual PM2.5 standard was retained as                 the American Cancer Society Study
                                             µm). Larger particles tend to be removed                an annual arithmetic mean averaged                    shows an association between fine
                                             by the respiratory clearance                            over three years, however, the following              particle and sulfate concentrations and
                                             mechanisms (e.g. coughing), whereas                     two aspects of the spatial averaging                  lung cancer mortality.30 The Category 3
                                             smaller particles are deposited deeper in               criteria were narrowed: (1) The annual                marine engines covered in this proposal
                                             the lungs.                                              mean concentration at each site shall be              contribute to both acute and chronic
                                                Fine particles are produced primarily                within 10 percent of the spatially                    PM2.5 exposures.
                                             by combustion processes and by                          averaged annual mean, and (2) the daily                  The health effects of PM2.5 have been
                                             transformations of gaseous emissions                    values for each monitoring site pair                  further documented in local impact
                                             (e.g., SOX, NOX and VOCs) in the                        shall yield a correlation coefficient of at           studies which have focused on health
                                             atmosphere. The chemical and physical                   least 0.9 for each calendar quarter.                  effects due to PM2.5 exposures measured
                                             properties of PM2.5 may vary greatly                       With regard to the secondary PM2.5                 on or near roadways.31 Taking account
                                             with time, region, meteorology, and                     standards, EPA has revised these                      of all air pollution sources, including
                                             source category. Thus, PM2.5, may                       standards to be identical in all respects             both spark-ignition (gasoline) and diesel
                                             include a complex mixture of different                  to the revised primary standards.                     powered vehicles, these latter studies
                                             pollutants including sulfates, nitrates,                Specifically, EPA has revised the                     indicate that exposure to PM2.5
                                             organic compounds, elemental carbon                     current 24-hour PM2.5 secondary                       emissions near roadways, dominated by
                                             and metal compounds. These particles                    standard by making it identical to the                mobile sources, are associated with
                                             can remain in the atmosphere for days                   revised 24-hour PM2.5 primary standard                potentially serious health effects. For
                                             to weeks and travel through the                         and retained the annual PM2.5 secondary               instance, a recent study found
                                             atmosphere hundreds to thousands of                     standard. This suite of secondary PM2.5               associations between concentrations of
                                             kilometers.                                             standards is intended to provide                      cardiac risk factors in the blood of
                                                The primary PM2.5 NAAQS includes a                   protection against PM-related public                  healthy young police officers and PM2.5
                                             short-term (24-hour) and a long-term                    welfare effects, including visibility                 concentrations measured in vehicles.32
                                             (annual) standard. The 1997 PM2.5                       impairment, effects on vegetation and                 Also, a number of studies have shown
                                             NAAQS established by EPA set the 24-                    ecosystems, and material damage and                   associations between residential or
                                             hour standard at a level of 65µg/m3                     soiling.                                              school outdoor concentrations of some
                                             based on the 98th percentile
                                             concentration averaged over three years.                   The 2006 standards became effective
                                                                                                                                                           No. EPA600/P–99/002bF. This document is
                                             (This air quality statistic compared to                 on December 18, 2006. As a result of the              available in Docket EPA–HQ–OAR–2007–0121.
                                             the standard is referred to as the ‘‘design             2006 PM2.5 standard, EPA will designate                  28 U.S. EPA (2005) Review of the National

                                             value.’’) The annual standard specifies                 new nonattainment areas in early 2010.                Ambient Air Quality Standard for Particulate
                                             an expected annual arithmetic mean not                  The timeframe for areas attaining the                 Matter: Policy Assessment of Scientific and
                                                                                                     2006 PM NAAQS will likely extend                      Technical Information, OAQPS Staff Paper. EPA–
                                             to exceed 15µg/m3 averaged over three                                                                         452/R–05–005. This document is available in
                                             years. EPA has recently finalized PM2.5                 from 2015 to 2020.                                    Docket EPA–HQ–OAR–2007–0121.
                                                                                                                                                              29 Dockery, DW; Pope, CA III: Xu, X; et al. 1993.
                                             nonattainment designations for the 1997                 (b) Health Effects of PM2.5
                                                                                                                                                           An association between air pollution and mortality
                                             standard (70 FR 943, Jan 5, 2005).25 All                                                                      in six U.S. cities. N Engl J Med 329:1753–1759.
                                             areas currently in nonattainment for                      Scientific studies show ambient PM is                  30 Pope Ca, III; Thun, MJ; Namboodiri, MM;
                                             PM2.5 will be required to meet these                    associated with a series of adverse                   Docery, DW; Evans, JS; Speizer, FE; Heath, CW.
                                             1997 standards between 2009 and 2014.                   health effects. These health effects are              1995. Particulate air pollution as a predictor of
                                                EPA has recently amended the                         discussed in detail in the 2004 EPA                   mortality in a prospective study of U.S. adults. Am
                                             NAAQS for PM2.5 (71 FR 61144, October                   Particulate Matter Air Quality Criteria               J Respir Crit Care Med 151:669–674.
                                                                                                                                                              31 Riekider, M.; Cascio, W.E.; Griggs, T.R.; Herbst,
                                             17, 2006). The final rule, signed on                    Document (PM AQCD), and the 2005
                                                                                                                                                           M.C.; Bromberg, P.A.; Neas, L.; Williams, R.W.;
                                             September 21, 2006 and published in                     PM Staff Paper.26 27 28                               Devlin, R.B. (2003) Particulate Matter Exposures in
jlentini on PROD1PC65 with PROPOSALS2

                                                                                                                                                           Cars is Associated with Cardiovascular Effects in
                                                25 U.S. EPA, Air Quality Designations and              26 U.S. EPA (1996) Air Quality Criteria for         Healthy Young Men. Am. J. Respir. Crit. Care Med.
                                             Classifications for the Fine Particles (PM2.5)          Particulate Matter, EPA 600–P–95–001aF, EPA 600–      169: 934–940.
                                             National Ambient Air Quality Standards, December        P–95–001bF. This document is available in Docket         32 Riediker, M.; Cascio, W.E.; Griggs, T.R.; et al.

                                             17, 2004. (70 FR 943, Jan 5, 2005) This document        EPA–HQ–OAR–2007–0121.                                 (2004) Particulate matter exposure in cars is
                                             is available in Docket EPA–HQ–OAR–2007–0121.              27 U.S. EPA (2004) Air Quality Criteria for         associated with cardiovascular effects in healthy
                                             This document is also available on the Web at:          Particulate Matter (Oct 2004), Volume I Document      young men. Am J Respir Crit Care Med 169: 934–
                                             http://www.epa.gov/pmdesignations/.                     No. EPA600/P–99/002aF and Volume II Document          940.

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                                                                     Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules                                                  69531

                                             constituents of fine particles found in                  produced and destroyed in a cyclical set                The current ozone NAAQS has an 8-
                                             motor vehicle exhaust and adverse                        of chemical reactions, many of which                  hour averaging time. The 8-hour ozone
                                             respiratory outcomes, including asthma                   are sensitive to temperature and                      NAAQS is met at an ambient air quality
                                             prevalence in children who live near                     sunlight. When ambient temperatures                   monitoring site when the average of the
                                             major roadways.33 34 35 Although the                     and sunlight levels remain high for                   annual fourth-highest daily maximum 8-
                                             engines considered in this proposal                      several days and the air is relatively                hour average ozone concentration over
                                             differ with those in these studies with                  stagnant, ozone and its precursors can                three years is less than or equal to 0.084
                                             respect to their applications and fuel                   build up and result in more ozone than                ppm. On June 20, 2007 EPA proposed
                                             qualities, these studies provide an                      typically would occur on a single high-               to strengthen the ozone NAAQS. The
                                             indication of the types of health effects                temperature day. Ozone also can be                    proposed revisions reflect new scientific
                                             that might be expected to be associated                  transported from pollution sources into               evidence about ozone and its effects on
                                             with personal exposure to PM2.5                          areas hundreds of miles downwind,                     public health and welfare.37 The final
                                             emissions from Category 3 marine                         resulting in elevated ozone levels even               ozone NAAQS rule is scheduled for
                                             engines. By reducing their contribution                  in areas with low local VOC or NOX                    March 2008.
                                             to PM2.5 inventories, the emissions                      emissions.                                            (b) Health Effects of Ozone
                                             controls under consideration also would                     The highest levels of ozone are
                                             reduce exposure to these emissions,                      produced when both VOC and NOX                           The health and welfare effects of
                                             specifically exposure near marine ports                  emissions are present in significant                  ozone are well documented and are
                                             and shipping routes.                                     quantities on clear summer days.                      assessed in EPA’s 2006 ozone Air
                                                                                                      Relatively small amounts of NOX enable                Quality Criteria Document (ozone
                                             2. Ozone                                                                                                       AQCD) and EPA staff papers.38 39 Ozone
                                                                                                      ozone to form rapidly when VOC levels
                                               The emissions reduction program                        are relatively high, but ozone                        can irritate the respiratory system,
                                             under consideration for Category 3                       production is quickly limited by                      causing coughing, throat irritation, and/
                                             marine engines would reduce the                          removal of the NOX. Under these                       or uncomfortable sensation in the chest.
                                             contribution of these engines NOX                                                                              Ozone can reduce lung function and
                                                                                                      conditions NOX reductions are highly
                                             inventories. These engines currently                                                                           make it more difficult to breathe deeply,
                                                                                                      effective in reducing ozone while VOC
                                             have high NOX emissions due to the size                                                                        and breathing may become more rapid
                                                                                                      reductions have little effect. Such
                                             of the engine and because they are                                                                             and shallow than normal, thereby
                                                                                                      conditions are called ‘‘NOX-limited’’.
                                             relatively uncontrolled. NOX contributes                                                                       limiting a person’s activity. Ozone can
                                                                                                      Because the contribution of VOC
                                             to the formation of ground-level ozone                                                                         also aggravate asthma, leading to more
                                                                                                      emissions from biogenic (natural)
                                             pollution or smog. People in many areas                                                                        asthma attacks that require a doctor’s
                                                                                                      sources to local ambient ozone
                                             across the U.S. continue to be exposed                                                                         attention and/or the use of additional
                                                                                                      concentrations can be significant, even
                                             to unhealthy levels of ambient ozone.                                                                          medication. Animal toxicological
                                                                                                      some areas where man-made VOC
                                                                                                                                                            evidence indicates that with repeated
                                             (a) Background                                           emissions are relatively low can be NOX
                                                                                                                                                            exposure, ozone can inflame and
                                                Ground-level ozone pollution is                                                                             damage the lining of the lungs, which
                                                                                                         When NOX levels are relatively high                may lead to permanent changes in lung
                                             formed by the reaction of VOCs and                       and VOC levels relatively low, NOX
                                             NOX in the atmosphere in the presence                                                                          tissue and irreversible reductions in
                                                                                                      forms inorganic nitrates (i.e., particles)            lung function. People who are more
                                             of heat and sunlight. These two                          but relatively little ozone. Such
                                             pollutants, often referred to as ozone                                                                         susceptible to effects associated with
                                                                                                      conditions are called ‘‘VOC-limited.’’
                                             precursors, are emitted by many types of                 Under these conditions, VOC reductions                   37 EPA proposes to set the 8-hour primary ozone
                                             pollution sources, such as highway and                   are effective in reducing ozone, but NOX              standard to a level within the range of 0.070–0.075
                                             nonroad motor vehicles and engines,                      reductions can actually increase local                ppm. The agency also requests comments on
                                             power plants, chemical plants,                           ozone under certain circumstances.                    alternative levels of the 8-hour primary ozone
                                             refineries, makers of consumer and                       Even in VOC-limited urban areas, NOX                  standard, within a range from 0.060 ppm up to and
                                             commercial products, industrial                                                                                including retention of the current standard (0.084
                                                                                                      reductions are not expected to increase               ppm). EPA also proposes two options for the
                                             facilities, and smaller ‘‘area’’ sources.                ozone levels if the NOX reductions are                secondary ozone standard. One option would
                                                The science of ozone formation,                       sufficiently large.                                   establish a new form of standard designed
                                             transport, and accumulation is                                                                                 specifically to protect sensitive plants from damage
                                                                                                         Rural areas are usually NOX-limited,               caused by repeated ozone exposure throughout the
                                             complex.36 Ground-level ozone is                         due to the relatively large amounts of                growing season. This cumulative standard would
                                               33 Van Vliet, P.; Knape, M.; de Hartog, J.; Janssen,
                                                                                                      biogenic VOC emissions in many rural                  add daily ozone concentrations across a three
                                                                                                      areas. Urban areas can be either VOC- or              month period. EPA is proposing to set the level of
                                             N.; Harssema, H.; Brunekreef, B. (1997). Motor                                                                 the cumulative standard within the range of 7 to 21
                                             vehicle exhaust and chronic respiratory symptoms         NOX-limited, or a mixture of both, in                 ppm-hours. The other option would follow the
                                             in children living near freeways. Env. Research 74:      which ozone levels exhibit moderate                   current practice of making the secondary standard
                                             122–132.                                                 sensitivity to changes in either                      equal to the proposed 8-hour primary standard.
                                               34 Brunekreef, B., Janssen, N.A.H.; de Hartog, J.;                                                              38 U.S. EPA Air Quality Criteria for Ozone and
                                                                                                      pollutant. Ozone concentrations in an
                                             Harssema, H.; Knape, M.; van Vliet, P. (1997). Air                                                             Related Photochemical Oxidants (Final). U.S.
                                             pollution from truck traffic and lung function in        area also can be lowered by the reaction              Environmental Protection Agency, Washington,
                                             children living near roadways. Epidemiology              of nitric oxide with ozone, forming                   D.C., EPA 600/R–05/004aF–cF, 2006. This
                                             8:298–303.                                               nitrogen dioxide (NO2); as the air moves              document is available in Docket EPA–HQ–OAR–
                                               35 Kim, J.J.; Smorodinsky, S.; Lipsett, M.; Singer,                                                          2007–0121. This document may be accessed
                                                                                                      downwind and the cycle continues, the
                                             B.C.; Hodgson, A.T.; Ostro, B (2004). Traffic-related                                                          electronically at: http://www.epa.gov/ttn/naaqs/
                                             air pollution near busy roads: The East Bay
                                                                                                      NO2 forms additional ozone. The                       standards/ozone/s_o3_cr_cd.html.
                                                                                                      importance of this reaction depends, in
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                                             children’s respiratory health study. Am. J. Respir.                                                               39 U.S. EPA (2006) Review of the National
                                             Crit. Care Med. 170: 520–526.                            part, on the relative concentrations of               Ambient Air Quality Standards for Ozone, Policy
                                               36 U.S. EPA Air Quality Criteria for Ozone and
                                                                                                      NOX, VOC, and ozone, all of which                     Assessment of Scientific and Technical
                                             Related Photochemical Oxidants (Final). U.S.             change with time and location.                        Information. OAQPS Staff Paper Second Draft.EPA–
                                             Environmental Protection Agency, Washington,                                                                   452/D–05–002. This document is available in
                                             D.C., EPA 600/R–05/004aF–cF, 2006. This                                                                        Docket EPA–HQ–OAR–2007–0121. This document
                                             document may be accessed electronically at:              s_o3_cr_cd.html. This document is available in        is available electronically at: http://www.epa.gov/
                                             http://www.epa.gov/ttn/naaqs/standards/ozone/            Docket EPA–HQ–OAR–2007–0121.                          ttn/naaqs/standards/ozone/s_o3_cr_sp.html.

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                                             69532                  Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules

                                             exposure to ozone include children, the                 was indicated by a hazard index (HI)                     associated with nonroad engines,
                                             elderly, and individuals with                           greater than 1.40 Mobile sources were                    including Category 3 marine engines,
                                             respiratory disease such as asthma. As                  responsible for 74 percent of the                        and provides a discussion of the health
                                             of the 2006 review, there was suggestive                potential noncancer hazard from                          risks associated with each air toxic.
                                             evidence that certain people may have                   outdoor air toxics in 1999. About 91
                                                                                                                                                              (a) Diesel Exhaust (DE)
                                             greater genetic susceptibility. Those                   percent of this potential noncancer
                                             with greater exposures to ozone, for                    hazard was from acrolein; 41 however,                       Category 3 marine engines emit diesel
                                             instance due to time spent outdoors                     the confidence in the RfC for acrolein is                exhaust (DE), a complex mixture
                                             (e.g., children and outdoor workers), are               medium 42 and confidence in NATA                         comprised of carbon dioxide, oxygen,
                                             also of concern.                                        estimates of population noncancer                        nitrogen, water vapor, carbon monoxide,
                                                The recent ozone AQCD also                           hazard from ambient exposure to this                     nitrogen compounds, sulfur compounds
                                             examined relevant new scientific                        pollutant is low.43 It is important to note              and numerous low-molecular-weight
                                             information which has emerged in the                    that NATA estimates of noncancer                         hydrocarbons. A number of these
                                             past decade, including the impact of                    hazard do not include the adverse                        gaseous hydrocarbon components are
                                             ozone exposure on such health effect                    health effects associated with                           individually known to be toxic
                                             indicators as changes in lung structure                 particulate matter identified in EPA’s                   including aldehydes, benzene and 1,3-
                                             and biochemistry, inflammation of the                   Particulate Matter Air Quality Criteria                  butadiene. The diesel particulate matter
                                             lungs, exacerbation and causation of                    Document. Gasoline and diesel engine                     (DPM) present in diesel exhaust consists
                                             asthma, respiratory illness-related                     emissions contribute significantly to                    of fine particles (< 2.5 µm), including a
                                             school absence, hospital admissions and                 with particulate matter concentration.                   subgroup with a large number of
                                             premature mortality. Animal                               It should be noted that the NATA                       ultrafine particles (< 0.1 µm). These
                                             toxicological studies have suggested                    modeling framework has a number of                       particles have large surface area which
                                             potential interactions between ozone                    limitations which prevent its use as the                 makes them an excellent medium for
                                             and PM with increased responses                         sole basis for setting regulatory                        adsorbing organics and their small size
                                             observed to mixtures of the two                         standards. These limitations and                         makes them highly respirable and able
                                             pollutants compared to either ozone or                  uncertainties are discussed on the 1999                  to reach the deep lung. Many of the
                                             PM alone. The respiratory morbidity                     NATA Web site.44 Even so, this                           organic compounds present on the
                                             observed in animal studies along with                   modeling framework is very useful in                     particles and in the gases are
                                             the evidence from epidemiologic studies                 identifying air toxic pollutants and                     individually known to have mutagenic
                                             supports a causal relationship between                  sources of greatest concern, setting                     and carcinogenic properties. Diesel
                                             acute ambient ozone exposures and                       regulatory priorities, and informing the                 exhaust varies significantly in chemical
                                             increased respiratory-related emergency                 decision making process.                                 composition and particle sizes between
                                             room visits and hospitalizations in the                   The following section provides a brief                 different engine types (heavy-duty,
                                             warm season. In addition, there is                      overview of air toxics which are                         light-duty), engine operating conditions
                                             suggestive evidence of a contribution of                                                                         (idle, accelerate, decelerate), and fuel
                                             ozone to cardiovascular-related                            40 To express chronic noncancer hazards, we used      formulations (high/low sulfur fuel).45
                                             morbidity and non-accidental and                        the RfC as part of a calculation called the hazard       After being emitted in the engine
                                                                                                     quotient (HQ), which is the ratio between the
                                             cardiopulmonary mortality.                              concentration to which a person is exposed and the
                                                                                                                                                              exhaust, diesel exhaust undergoes
                                                                                                     RfC. (RfC is defined by EPA as, ‘‘an estimate of a       dilution as well as chemical and
                                             3. Air Toxics                                           continuous inhalation exposure to the human              physical changes in the atmosphere.
                                                People experience elevated risk of                   population, including sensitive subgroups, with          The lifetime for some of the compounds
                                                                                                     uncertainty spanning perhaps an order of
                                             cancer and other noncancer health                       magnitude, that is likely to be without appreciable      present in diesel exhaust ranges from
                                             effects from exposure to air toxics.                    risks of deleterious noncancer effects during a          hours to days.
                                             Mobile sources are responsible for a                    lifetime.’’) A value of the HQ less than one indicates
                                             significant portion of this exposure.                   that the exposure is lower than the RfC and that no      (1) Diesel Exhaust: Potential Cancer
                                             According to the National Air Toxic                     adverse health effects would be expected.                Effect of Diesel Exhaust
                                                                                                     Combined noncancer hazards were calculated using
                                             Assessment (NATA) for 1999, mobile                      the hazard index (HI), defined as the sum of hazard         In EPA’s 2002 Diesel Health
                                             sources, including Category 3 marine                    quotients for individual air toxic compounds that        Assessment Document (Diesel HAD),46
                                             engines, were responsible for 44 percent                affect the same target organ or system. As with the      diesel exhaust was classified as likely to
                                                                                                     hazard quotient, a value of the HI at or below 1.0       be carcinogenic to humans by inhalation
                                             of outdoor toxic emissions and almost                   will likely not result in adverse effects over a
                                             50 percent of the cancer risk among the                 lifetime of exposure. However, a value of the HI         at environmental exposures, in
                                             133 pollutants quantitatively assessed in               greater than 1.0 does not necessarily suggest a          accordance with the revised draft 1996/
                                             the 1999 NATA. Benzene is the largest                   likelihood of adverse effects. Furthermore, the HI       1999 EPA cancer guidelines. A number
                                                                                                     cannot be translated into a probability that adverse     of other agencies (National Institute for
                                             contributor to cancer risk of all the                   effects will occur and is not likely to be
                                             assessed pollutants and mobile sources                  proportional to risk.                                    Occupational Safety and Health, the
                                             were responsible for about 68 percent of                   41 U.S. EPA. U.S. EPA (2006) National-Scale Air       International Agency for Research on
                                             all benzene emissions in 1999. Although                 Toxics Assessment for 1999. This material is
                                                                                                     available electronically at http://www.epa.gov/ttn/         45 U.S. EPA (2002) Health Assessment Document
                                             the 1999 NATA did not quantify cancer                   atw/nata1999/risksum.html.                               for Diesel Engine Exhaust. EPA/600/8–90/057F
                                             risks associated with exposure to diesel                   42 U.S. EPA (2003) Integrated Risk Information
                                                                                                                                                              Office of Research and Development, Washington
                                             exhaust, EPA has concluded that diesel                  System File of Acrolein. National Center for             DC. Pp1–1 1–2. This document is available in
                                             exhaust ranks with the other air toxic                  Environmental Assessment, Office of Research and         Docket EPA–HQ–OAR–2007–0121. This document
                                                                                                     Development, Washington, DC 2003. This material          is available electronically at http://cfpub.epa.gov/
                                             substances that the national-scale                      is available electronically at http://www.epa.gov/       ncea/cfm/recordisplay.cfm?deid=29060.
                                             assessment suggests pose the greatest                   iris/subst/0364.htm.
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                                                                                                                                                                 46 U.S. EPA (2002) Health Assessment Document
                                             relative risk.                                             43 U.S. EPA (2006) National-Scale Air Toxics          for Diesel Engine Exhaust. EPA/600/8–90/057F
                                                According to the 1999 NATA, nearly                   Assessment for 1999. This material is available          Office of Research and Development, Washington
                                             the entire U.S. population was exposed                  electronically at http://www.epa.gov/ttn/atw/            DC. This document is available in Docket EPA–HQ–
                                                                                                     nata1999/risksum.html.                                   OAR–2007–0121.
                                             to an average level of air toxics that has                 44 U.S. EPA (2006) National-Scale Air Toxics             This document is available electronically at
                                             the potential for adverse respiratory                   Assessment for 1999. http://www.epa.gov/ttn/atw/         http://cfpub.epa.gov/ncea/cfm/
                                             noncancer health effects. This potential                nata1999.                                                recordisplay.cfm?deid=29060.

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                                                                     Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules                                                     69533

                                             Cancer, the World Health Organization,                   in the EPA Diesel HAD. The outcome                      (3) Ambient PM2.5 Levels and Exposure
                                             California EPA, and the U.S.                             was that environmental risks from                       to Diesel Exhaust PM
                                             Department of Health and Human                           diesel exhaust exposure could range
                                             Services) have made similar                              from a low of 10¥4 to 10¥5 to as high                      The Diesel HAD briefly summarizes
                                             classifications. However, EPA also                       as 10¥3, reflecting the range of                        health effects associated with ambient
                                             concluded in the Diesel HAD that it is                   occupational exposures that could be                    PM and discusses the EPA’s annual
                                             not possible currently to calculate a                    associated with the relative and absolute               NAAQS of 15 µg/m3. In addition, both
                                             cancer unit risk for diesel exhaust due                  risk levels observed in the occupational                the 2004 AQCD and the 2005 Staff Paper
                                             to a variety of factors that limit the                   studies. Because of uncertainties, the                  for PM2.5 have more recent information.
                                             current studies, such as limited                         analysis acknowledged that the risks                    There is a much more extensive body of
                                             quantitative exposure histories in                       could be lower than 10¥ or 10¥5, and                    human data showing a wide spectrum of
                                             occupational groups investigated for                     a zero risk from diesel exhaust exposure                adverse health effects associated with
                                             lung cancer.                                             was not ruled out.                                      exposure to ambient PM, of which
                                                For the Diesel HAD, EPA reviewed 22                                                                           diesel exhaust is an important
                                             epidemiologic studies on the subject of                     Retrospective health studies of
                                                                                                                                                              component. The PM2.5 NAAQS is
                                             the carcinogenicity of workers exposed                   railroad workers have played an
                                                                                                                                                              designed to provide protection from the
                                             to diesel exhaust in various                             important part in determining that
                                                                                                                                                              noncancer and premature mortality
                                             occupations, finding increased lung                      diesel exhaust is a likely human
                                                                                                                                                              effects of PM2.5 as a whole, of which
                                             cancer risk, although not always                         carcinogen. Key evidence of the diesel
                                                                                                                                                              diesel PM is a constituent.
                                             statistically significant, in 8 out of 10                exhaust exposure linkage to lung cancer
                                             cohort studies and 10 out of 12 case-                    comes from two retrospective case-                      (4) Diesel Exhaust PM Exposures
                                             control studies within several                           control studies of railroad workers
                                             industries, including railroad workers.                  which are discussed at length in the                      Exposure of people to diesel exhaust
                                             Relative risk for lung cancer associated                 Diesel HAD.                                             depends on their various activities, the
                                             with exposure ranged from 1.2 to 1.5,                                                                            time spent in those activities, the
                                             although a few studies show relative                     (2) Diesel Exhaust: Other Health Effects                locations where these activities occur,
                                             risks as high as 2.6. Additionally, the                    Noncancer health effects of acute and                 and the levels of diesel exhaust
                                             Diesel HAD also relied on two                            chronic exposure to diesel exhaust                      pollutants in those locations. The major
                                             independent meta-analyses, which                         emissions are also of concern to the                    difference between ambient levels of
                                             examined 23 and 30 occupational                                                                                  diesel particulate and exposure levels
                                                                                                      Agency. EPA derived an RfC from
                                             studies respectively, which found                                                                                for diesel particulate is that exposure
                                                                                                      consideration of four well-conducted
                                             statistically significant increases in                                                                           accounts for a person moving from
                                                                                                      chronic rat inhalation studies showing
                                             smoking-adjusted relative lung cancer                                                                            location to location, proximity to the
                                             risk associated with diesel exhaust, of                  adverse pulmonary effects.50 51 52 53 The
                                                                                                      RfC is 5 µg/m3 for diesel exhaust as                    emission source, and whether the
                                             1.33 to 1.47. These meta-analyses                                                                                exposure occurs in an enclosed
                                             demonstrate the effect of pooling many                   measured by diesel PM. This RfC does
                                                                                                      not consider allergenic effects such as                 environment.
                                             studies and in this case show the
                                             positive relationship between diesel                     those associated with asthma or                         Occupational Exposures
                                             exhaust exposure and lung cancer                         immunologic effects. There is growing
                                             across a variety of diesel exhaust-                      evidence, discussed in the Diesel HAD,                     Occupational exposures to diesel
                                             exposed occupations.47 48 49                             that exposure to diesel exhaust can                     exhaust from mobile sources, including
                                                In the absence of a cancer unit risk,                 exacerbate these effects, but the                       Category 3 marine engines, can be
                                             the Diesel HAD sought to provide                         exposure-response data were found to                    several orders of magnitude greater than
                                             additional insight into the significance                 be lacking to derive an RfC. The EPA                    typical exposures in the non-
                                             of the diesel exhaust-cancer hazard by                   Diesel HAD states, ‘‘With DPM [diesel                   occupationally exposed population.
                                             estimating possible ranges of risk that                  particulate matter] being a ubiquitous                     Over the years, diesel particulate
                                             might be present in the population. An                   component of ambient PM, there is an                    exposures have been measured for a
                                             exploratory analysis was used to                         uncertainty about the adequacy of the                   number of occupational groups resulting
                                             characterize a possible risk range by                    existing DE [diesel exhaust] noncancer                  in a wide range of exposures from 2 to
                                             comparing a typical environmental                        database to identify all of the pertinent               1,280 µg/m3 for a variety of occupations.
                                             exposure level for highway diesel                        DE-caused noncancer health hazards. (p.                 Studies have shown that miners and
                                             sources to a selected range of                           9–19).                                                  railroad workers typically have higher
                                             occupational exposure levels. The                                                                                diesel exposure levels than other
                                             occupationally observed risks were then                    50 Ishinishi, N; Kuwabara, N; Takaki, Y; et al.
                                                                                                                                                              occupational groups studied, including
                                             proportionally scaled according to the                   (1988) Long-term inhalation experiments on diesel
                                                                                                                                                              firefighters, truck dock workers, and
                                             exposure ratios to obtain an estimate of                 exhaust. In: Diesel exhaust and health risks. Results
                                                                                                      of the HERP studies. Ibaraki, Japan: Research           truck drivers (both short and long
                                             the possible environmental risk. A                       Committee for HERP Studies; pp. 11–84.                  haul).54 As discussed in the Diesel HAD,
                                             number of calculations are needed to                       51 Heinrich, U; Fuhst, R; Rittinghausen, S; et al.
                                                                                                                                                              the National Institute of Occupational
                                             accomplish this, and these can be seen                   (1995) Chronic inhalation exposure of Wistar rats
                                                                                                      and two different strains of mice to diesel engine
                                                                                                                                                              Safety and Health (NIOSH) has
                                               47 U.S. EPA (2002) Health Assessment Document          exhaust, carbon black, and titanium dioxide. Inhal.     estimated a total of 1,400,000 workers
                                             for Diesel Engine Exhaust. EPA/6008–90/057F              Toxicol. 7:553–556.                                     are occupationally exposed to diesel
                                                                                                        52 Mauderly, JL; Jones, RK; Griffith, WC; et al.
                                             Office of Research and Development, Washington                                                                   exhaust from on-road and nonroad
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                                             DC. This document is available in Docket EPA–HQ–         (1987) Diesel exhaust is a pulmonary carcinogen in
                                             OAR–2007–0121.                                           rats exposed chronically by inhalation. Fundam.
                                               48 Bhatia, R., Lopipero, P., Smith, A. (1998) Diesel   Appl. Toxicol. 9:208–221.
                                             exposure and lung cancer. Epidemiology 9(1):84–            53 Nikula, KJ; Snipes, MB; Barr, EB; et al. (1995)      54 Diesel HAD Page 2–110, 8–12; Woskie, SR;

                                             91.                                                      Comparative pulmonary toxicities and                    Smith, TJ; Hammond, SK: et al. (1988a) Estimation
                                               49 Lipsett, M: Campleman, S; (1999) Occupational       carcinogenicities of chronically inhaled diesel         of the DE exposures of railroad workers: II. National
                                             exposure to diesel exhaust and lung cancer: a meta-      exhaust and carbon black in F344 rats. Fundam.          and historical exposures. Am J Ind Med 12:381–
                                             analysis. Am J Public Health 80(7): 1009–1017.           Appl. Toxicol. 25:80–94.                                394.

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                                             Elevated Concentrations and Ambient                     substantially elevated over an area                   known or likely to pose a cancer hazard
                                             Exposures in Mobile Source-Impacted                     exceeding 200,000 acres. Because the                  in humans. Many of these compounds
                                             Areas                                                   ports are located near heavily-populated              also cause adverse noncancer health
                                                Regions immediately downwind of                      areas, the modeling indicated that over               effects resulting from inhalation
                                             marine ports and shipping channels                      700,000 people lived in areas with at                 exposures. These include neurological,
                                             experience elevated ambient                             least 0.3 µg/m3 of port-related diesel PM             cardiovascular, liver, kidney, and
                                             concentrations of directly-emitted PM2.5                in ambient air, about 360,000 people                  respiratory effects as well as effects on
                                             from Category 3 marine engines. Due to                  lived in areas with at least 0.6 µg/m3 of             the immune and reproductive systems.
                                             the unique nature of marine ports,                      diesel PM, and about 50,000 people
                                             emissions from a large number of                        lived in areas with at least 1.5 ug/m3 of             C. Other Environmental Effects
                                             Category 3 marine engines are                           ambient diesel PM directly from the
                                                                                                     port. The study found that impacts                       There are a number of public welfare
                                             concentrated in a relatively small area.                                                                      effects associated with the presence of
                                                A recent study conducted by the                      could be discerned up to 15 miles from
                                                                                                     the marine port.                                      ozone and PM2.5 in the ambient air
                                             California Air Resources Board (CARB)
                                             examined the air quality impacts of                        Overall, while these studies focus on              including the impact of PM2.5 on
                                             railroad operations at the J.R. Davis Rail              only two large marine port and railroad               visibility and materials and the impact
                                             Yard, the largest service and                           facilities, they highlight the substantial            of ozone on plants, including trees,
                                             maintenance rail facility in the western                contribution these facilities make to                 agronomic crops and urban
                                             United States.55 This is relevant in that               elevated ambient concentrations in                    ornamentals.
                                             locomotives use diesel engines similar                  populated areas.
                                                                                                        We initiated a study in 2006 to better             1. Visibility
                                             to those used in marine vessels. The
                                             yard occupies 950 acres along a one-                    understand the populations that are
                                                                                                                                                              Visibility can be defined as the degree
                                             quarter mile wide and four mile long                    living near rail yards and marine ports
                                                                                                     nationally. As part of this effort, a                 to which the atmosphere is transparent
                                             section of land in Roseville, CA. The                                                                         to visible light. Visibility impairment
                                             study developed an emissions inventory                  computer geographic information
                                                                                                     system (GIS) is being used to identify                manifests in two principal ways: as
                                             for the facility for the year 2000 and                                                                        local visibility impairment and as
                                             modeled ambient concentrations of                       the locations and property boundaries of
                                                                                                     these facilities nationally, and to                   regional haze.57 Local visibility
                                             diesel PM using a well-accepted                                                                               impairment may take the form of a
                                             dispersion model (ISCST3). The study                    determine the size and demographic
                                                                                                     characteristics of the population living              localized plume, a band or layer of
                                             estimated substantially elevated
                                                                                                     near these facilities. We anticipate that             discoloration appearing well above the
                                             concentrations in an area 5,000 meters
                                                                                                     the results of this study will be                     terrain as a result of complex local
                                             from the facility, with higher
                                                                                                     completed in late 2007 and we intend                  meteorological conditions.
                                             concentrations closer to the rail yard.
                                                                                                     to add this report to the public docket.              Alternatively, local visibility
                                             Using local meteorological data, annual
                                             average contributions from the rail yard                (b) Other Air Toxics-Benzene, 1,3-                    impairment may manifest as an urban
                                             to ambient diesel PM concentrations                     butadiene, Formaldehyde,                              haze, sometimes referred to as a ‘‘brown
                                             under prevailing wind conditions were                   Acetaldehyde, Acrolein, POM,                          cloud.’’ This urban haze is largely
                                             1.74, 1.18, 0.80, and 0.25 µg/m3 at                     Naphthalene                                           caused by emissions from multiple
                                             receptors located 200, 500, 1000, and                                                                         sources in the urban areas and is not
                                                                                                        Category 3 marine engine emissions
                                             5000 meters from the yard, respectively.                contribute to ambient levels of other air             typically attributable to only one nearby
                                             Several tens of thousands of people live                toxics known or suspected as human or                 source or to long-range transport. The
                                             within the area estimated to experience                 animal carcinogens, or that have non-                 second type of visibility impairment,
                                             substantial increases in annual average                 cancer health effects. These other                    regional haze, usually results from
                                             ambient PM2.5 as a result of rail yard                  compounds include benzene, 1,3-                       multiple pollution sources spread over
                                             emissions.                                              butadiene, formaldehyde, acetaldehyde,                a large geographic region. Regional haze
                                                Another study from CARB evaluated                    acrolein, polycyclic organic matter                   can impair visibility in large regions and
                                             air quality impacts of diesel engine                    (POM), and naphthalene. All of these                  across states.
                                             emissions within the Ports of Long                      compounds, except acetaldehyde, were                     Visibility is important because it has
                                             Beach and Los Angeles in California,                    identified as national or regional risk               direct significance to people’s
                                             one of the largest ports in the U.S.56 The              drivers in the 1999 National-Scale Air
                                             study found that ocean going vessels                                                                          enjoyment of daily activities in all parts
                                                                                                     Toxics Assessment (NATA). That is, for                of the country. Individuals value good
                                             comprised 53% of the diesel PM                          a significant portion of the population,
                                             emissions while ship auxiliary engines’                                                                       visibility for the well-being it provides
                                                                                                     these compounds pose a significant                    them directly, where they live and
                                             hoteling comprised another 20% of PM                    portion of the total cancer and
                                             emissions for the marine ports. Like the                                                                      work, and in places where they enjoy
                                                                                                     noncancer risk from breathing outdoor                 recreational opportunities. Visibility is
                                             earlier rail yard study, the port study                 air toxics. Furthermore, a significant
                                             employed the ISCST3 dispersion model.                                                                         also highly valued in significant natural
                                                                                                     portion of total nationwide emissions of
                                             Also using local meteorological data,                                                                         areas such as national parks and
                                                                                                     these pollutants result from mobile
                                             annual average concentrations were                      sources. However, EPA does not have                   wilderness areas and special emphasis
                                                                                                     high confidence in the NATA data for                  is given to protecting visibility in these
                                               55 Hand, R.; Pingkuan, D.; Servin, A.; Hunsaker,
                                                                                                     all these compounds. Reducing the                     areas. For more information on visibility
                                             L.; Suer, C. (2004) Roseville rail yard study.
                                                                                                     emissions from Category 3 marine
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                                             California Air Resources Board. [Online at http://                                                              57 See discussion in U.S. EPA , National Ambient
                                             www.arb.ca.gov/diesel/documents/rrstudy.htm]            engines would help reduce exposure to
                                                                                                                                                           Air Quality Standards for Particulate Matter;
                                               56 Di, P.; Servin, A.; Rosenkranz, K.; Schwehr, B.;
                                                                                                     these harmful substances.
                                             Tran, H. (2006) Diesel particulate matter exposure                                                            Proposed Rule; January 17, 2006, Vol71 p 2676.
                                                                                                        Air toxics can cause a variety of                  This document is available in Docket EPA–HQ–
                                             assessment study for the Ports of Los Angeles and
                                             Long Beach. California Air Resources Board.
                                                                                                     cancer and noncancer health effects. A                OAR–2007–0121. This information is available
                                             [Online at http://www.arb.ca.gov/msprog/offroad/        number of the mobile source air toxic                 electronically at http://epa.gov/fedrgstr/EPA-AIR/
                                             marinevess/marinevess.htm]                              pollutants described in this section are              2006/January/Day-17/a177.pdf.

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                                             see the final 2004 PM AQCD 58 as well                   areas, and remote mandatory class I                   3. Acid Deposition
                                             as the 2005 PM Staff Paper.59                           federal areas.61 62                                      Acid deposition, or acid rain as it is
                                                Fine particles are the major cause of                2. Plant and Ecosystem Effects of Ozone               commonly known, occurs when NOX
                                             reduced visibility in parts of the United                                                                     and SO2 react in the atmosphere with
                                             States. EPA is pursuing a two-part                         Ozone contributes to many                          water, oxygen and oxidants to form
                                             strategy to address visibility. First, to               environmental effects, with impacts to                various acidic compounds that later fall
                                             address the welfare effects of PM on                    plants and ecosystems being of most                   to earth in the form of precipitation or
                                             visibility, EPA set secondary PM2.5                     concern. Ozone can produce both acute                 dry deposition of acidic particles. It
                                             standards which would act in                            and chronic injury in sensitive species               contributes to damage of trees at high
                                             conjunction with the establishment of a                 depending on the concentration level                  elevations and in extreme cases may
                                             regional haze program. In setting this                  and the duration of the exposure. Ozone               cause lakes and streams to become so
                                             secondary standard EPA concluded that                   effects also tend to accumulate over the              acidic that they cannot support aquatic
                                             PM2.5 causes adverse effects on visibility              growing season of the plant, so that even             life. In addition, acid deposition
                                             in various locations, depending on PM                   lower concentrations experienced for a                accelerates the decay of building
                                             concentrations and factors such as                      longer duration have the potential to                 materials and paints, including
                                             chemical composition and average                        create chronic stress on vegetation.                  irreplaceable buildings, statues, and
                                             relative humidity. Second, section 169                  Ozone damage to plants includes visible               sculptures that are part of our nation’s
                                             of the Clean Air Act provides additional                injury to leaves and a reduction in food              cultural heritage.
                                             authority to address existing visibility                production through impaired                              The proposed NOX and SOX standards
                                             impairment and prevent future visibility                photosynthesis, both of which can lead                would help reduce acid deposition,
                                             impairment in the 156 national parks,                   to reduced crop yields, forestry                      thereby helping to reduce acidity levels
                                             forests and wilderness areas categorized                production, and use of sensitive                      in lakes and streams throughout the
                                             as mandatory class I federal areas (62 FR               ornamentals in landscaping. In addition,              coastal areas of our country and help
                                             38680–38681, July 18, 1997).60 In July                  the reduced food production in plants                 accelerate the recovery of acidified lakes
                                             1999 the regional haze rule (64 FR                      and subsequent reduced root growth                    and streams and the revival of
                                             35714) was put in place to protect the                  and storage below ground, can result in               ecosystems adversely affected by acid
                                             visibility in mandatory class I federal                 other, more subtle plant and ecosystems               deposition. Reduced acid deposition
                                             areas. Visibility can be said to be                     impacts. These include increased                      levels will also help reduce stress on
                                             impaired in both PM2.5 nonattainment                    susceptibility of plants to insect attack,            forests, thereby accelerating
                                             areas and mandatory class I federal                     disease, harsh weather, interspecies                  reforestation efforts and improving
                                             areas.                                                  competition and overall decreased plant               timber production. Deterioration of
                                                                                                     vigor. The adverse effects of ozone on                historic buildings and monuments,
                                                Category 3 marine engines contribute
                                                                                                     forest and other natural vegetation can               vehicles, and other structures exposed
                                             to visibility concerns in these areas
                                                                                                     potentially lead to species shifts and                to acid rain and dry acid deposition also
                                             through their primary PM2.5 emissions
                                                                                                     loss from the affected ecosystems,                    will be reduced, and the costs borne to
                                             and their NOX and SO2 emissions which
                                                                                                     resulting in a loss or reduction in                   prevent acid-related damage may also
                                             contribute to the formation of secondary
                                                                                                     associated ecosystem goods and                        decline. While the reduction in nitrogen
                                                                                                     services. Lastly, visible ozone injury to             acid deposition will be roughly
                                                Recently designated PM2.5                            leaves can result in a loss of aesthetic              proportional to the reduction in NOX
                                             nonattainment areas indicate that, as of                value in areas of special scenic                      emissions, the precise impact of new
                                             June 20, 2007, almost 90 million people                 significance like national parks and                  standards would differ across different
                                             live in nonattainment areas for the 1997                wilderness areas. The final 2006 ozone                areas.
                                             PM2.5 NAAQS. Thus, at least these                       Air Quality Criteria Document (ozone
                                             populations would likely be                             AQCD) 63 presents more detailed                       4. Eutrophication and Nitrification
                                             experiencing visibility impairment, as                  information on ozone effects on                         The NOX standards discussed in this
                                             well as many thousands of individuals                   vegetation and ecosystems.                            action would help reduce the airborne
                                             who travel to these areas. In addition,                    As discussed above, Category 3                     nitrogen deposition that contributes to
                                             while visibility trends have improved in                marine engine emissions of NOX                        eutrophication of watersheds,
                                             mandatory Class I federal areas the most                contribute to ozone and therefore the                 particularly in aquatic systems where
                                             recent data show that these areas                       NOX standards discussed in this action                atmospheric deposition of nitrogen
                                             continue to suffer from visibility                      would help reduce crop damage and                     represents a significant portion of total
                                             impairment. In summary, visibility                      stress on vegetation from ozone.                      nitrogen loadings. Eutrophication is the
                                             impairment is experienced throughout                                                                          accelerated production of organic
                                             the U.S., in multi-state regions, urban                    61 U.S. EPA, Air Quality Designations and          matter, particularly algae, in a water
                                                                                                     Classifications for the Fine Particles (PM2.5)        body. This increased growth can cause
                                               58 U.S. EPA (2004) Air Quality Criteria for           National Ambient Air Quality Standards, December      numerous adverse ecological effects and
                                             Particulate Matter (Oct 2004), Volume I Document        17, 2004. (70 FR 943, Jan 5. 2005) This document
                                             No. EPA600/P–99/002aF and Volume II Document            is available in Docket EPA–HQ–OAR–2007–0121.
                                                                                                                                                           economic impacts, including nuisance
                                             No. EPA600/P–99/002bF. This document is                 This document is also available on the web at:        algal blooms, dieback of underwater
                                             available in Docket EPA–HQ–OAR–2007–0121.               http://www.epa.gov/pmdesignations/.                   plants due to reduced light penetration,
                                               59 U.S. EPA (2005) Review of the National                62 U.S. EPA. Regional Haze Regulations, July 1,
                                                                                                                                                           and toxic plankton blooms. Algal and
                                             Ambient Air Quality Standard for Particulate            1999. (64 FR 35714, July 1, 1999) This document       plankton blooms can also reduce the
                                             Matter: Policy Assessment of Scientific and             is available in Docket EPA–HQ–OAR–2007–0121.
                                                                                                                                                           level of dissolved oxygen, which can
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                                             Technical Information, OAQPS Staff Paper. EPA–             63 U.S. EPA Air Quality Criteria for Ozone and
                                             452/R–05–005. This document is available in             Related Photochemical Oxidants (Final). U.S.          adversely affect fish and shellfish
                                             Docket EPA–HQ–OAR–2007–0121.                            Environmental Protection Agency, Washington, DC,      populations. In recent decades, human
                                               60 These areas are defined in section 162 of the      EPA 600/R–05/004aF–cF, 2006. This document is         activities have greatly accelerated
                                             Act as those national parks exceeding 6,000 acres,      available in Docket EPA–HQ–OAR–2007–0121.
                                             wilderness areas and memorial parks exceeding           This document may be accessed electronically at:
                                                                                                                                                           nutrient impacts, such as nitrogen and
                                             5,000 acres, and all international parks which were     http://www.epa.gov/ttn/naaqs/standards/ozone/         phosphorus, causing excessive growth
                                             in existence on August 7, 1977.                         s_o3_cr_cd.html.                                      of algae and leading to degraded water

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                                             69536                  Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules

                                             quality and associated impairment of                    reduce the airborne particles that                    addressing air emissions from ocean-
                                             freshwater and estuarine resources for                  contribute to materials damage and                    going vessels. It reduces costs for ship
                                             human uses.64                                           soiling.                                              owners, since they would not be
                                                Severe and persistent eutrophication                                                                       required to comply with a patchwork of
                                             often directly impacts human activities.                III. Relevant Clean Air Act Provisions
                                                                                                                                                           different standards that could occur if
                                             For example, losses in the nation’s                        Section 213 of the Clean Air Act (the              each country was setting its own
                                             fishery resources may be directly caused                Act) gives us the authority to establish              standards, and it can simplify
                                             by fishkills associated with low                        emission standards for nonroad engines                environmental protection for port and
                                             dissolved oxygen and toxic blooms.                      and vehicles. Section 213(a)(3) requires              coastal states.
                                             Declines in tourism occur when low                      the Administrator to set (and from time                  The significance of international
                                             dissolved oxygen causes noxious smells                  to time revise) standards for NOX, VOCs,              shipping to the United States can be
                                             and floating mats of algal blooms create                or carbon monoxide emissions from                     illustrated by port entrance statistics. In
                                             unfavorable aesthetic conditions. Risks                 new nonroad engines, to reduce ambient                1999, according to U.S. Maritime
                                             to human health increase when the                       levels of ozone and carbon monoxide.                  Administration (MARAD) data, about 90
                                             toxins from algal blooms accumulate in                  That section specifies that the                       percent of annual entrances to U.S.
                                             edible fish and shellfish, and when                     ‘‘standards shall achieve the greatest                ports were made by foreign-flagged
                                             toxins become airborne, causing                         degree of emission reductions                         vessels (75,700 total entrances; 67,500
                                             respiratory problems due to inhalation.                 achievable through the application of                 entrances by foreign vessels; entrances
                                             According to the NOAA report, more                      technology which the Administrator                    are for vessels engaged in foreign trade
                                             than half of the nation’s estuaries have                determines will be available for the                  and do not include Jones Act 68 vessels).
                                             moderate to high expressions of at least                engines or vehicles.’’ As part of this                At the same time, however, only a small
                                             one of these symptoms—an indication                     determination, the Administrator must                 portion of those vessels account for
                                             that eutrophication is well developed in                give appropriate consideration to lead                most of the visits. In 1999, of the 7,800
                                             more than half of U.S. estuaries.65                     time, noise, energy, and safety factors               foreign vessels that visited U.S. ports,
                                             5. Materials Damage and Soiling                         associated with the application of such               about 12 percent accounted for about 50
                                                                                                     technology. Section 213(a)(4) authorizes              percent of total vessel entrances; about
                                                The deposition of airborne particles                 the Administrator to establish standards
                                             can reduce the aesthetic appeal of                                                                            30 percent accounted for about 75
                                                                                                     on new engines to control emissions of                percent of the vessel entrances.69
                                             buildings and culturally important                      pollutants, such as PM, which ‘‘may
                                             articles through soiling, and can                                                                                The emission control program
                                                                                                     reasonably be anticipated to endanger                 contained in Annex VI was the first step
                                             contribute directly (or in conjunction                  public health and welfare.’’ In setting
                                             with other pollutants) to structural                                                                          for the international control of air
                                                                                                     appropriate standards, EPA is instructed              pollution from ships. However, as early
                                             damage by means of corrosion or                         to take into account costs, noise, safety,
                                             erosion.66 Particles affect materials                                                                         as the 1997 conference, many countries
                                                                                                     and energy factors.                                   ‘‘already recognized that the NOX
                                             principally by promoting and                               Section 211(c) of the CAA allows us
                                             accelerating the corrosion of metals, by                                                                      emission limits established in
                                                                                                     to regulate fuels where emission                      Regulation 13 were very modest when
                                             degrading paints, and by deteriorating                  products of the fuel either: (1) Cause or
                                             building materials such as concrete and                                                                       compared with current technology
                                                                                                     contribute to air pollution that                      developments.’’ 70 Consequently, a
                                             limestone. Particles contribute to these                reasonably may be anticipated to
                                             effects because of their electrolytic,                                                                        Conference Resolution was adopted at
                                                                                                     endanger public health or welfare, or (2)             the 1997 conference that invited the
                                             hygroscopic, and acidic properties, and                 will impair to a significant degree the
                                             their ability to adsorb corrosive gases                                                                       Marine Environment Protection
                                                                                                     performance of any emission control                   Committee (MEPC) to review the NOX
                                             (principally sulfur dioxide). The rate of               device or system which is in general
                                             metal corrosion depends on a number of                                                                        emission limits at a minimum of five-
                                                                                                     use, or which the Administrator finds                 year intervals after entry into force of
                                             factors, including the deposition rate                  has been developed to a point where in
                                             and nature of the pollutant; the                                                                              the protocol and, if appropriate, amend
                                                                                                     a reasonable time it will be in general
                                             influence of the metal protective                       use were such a regulation to be
                                             corrosion film; the amount of moisture                  promulgated.
                                                                                                                                                             68 46  USCS Appx § 688.
                                                                                                                                                             69 Final  Regulatory Support Document: Control of
                                             present; variability in the
                                                                                                     IV. International Regulation of Air                   Emissions from New Marine Compression-Ignition
                                             electrochemical reactions; the presence                                                                       Engines at or Above 30 Liters per Cylinder.
                                             and concentration of other surface                      Pollution From Ships                                  EPA420–R–03–004, January 2003, pg. 3–50. This
                                             electrolytes; and the orientation of the                  Annex VI to the International                       document is available at http://www.epa.gov/otaq/
                                             metal surface. The PM standards                                                                               regs/nonroad/marine/ci/r03004.pdf. We will update
                                                                                                     Convention for the Prevention of                      these statistics for more recent years; however,
                                             discussed in this action would help                     Pollution from Ships (MARPOL)                         these results are not expected to change
                                                                                                     addresses air pollution from ships.                   significantly given the U.S. share of the ownership
                                               64 Deposition of Air Pollutants to the Great
                                                                                                     Annex VI was adopted by the Parties to                of ocean-going vessels. MARAD data from 2005
                                             Waters, Third Report to Congress, June 2000, EPA–                                                             indicates that while about 4.7 percent of all ocean-
                                             453/R–00–005. This document is available in             MARPOL at a Diplomatic Conference on                  going vessels are owned by citizens of the United
                                             Docket EPA–HQ–OAR–2007–0121. It is also                 September 26, 1997, and it went into                  States (5th largest fleet) only about 1.9 percent of
                                             available at http://www.epa.gov/oar/oaqps/              force May 20, 2005. As of July 31, 2007,              all ocean-going vessels are flagged here. Also
                                             gr8water/3rdrpt/obtain.html.                            the Annex has been ratified by 44                     according to that data, while Greece, Japan, China,
                                               65 Bricker, Suzanne B., et al., National Estuarine                                                          and Germany account for the largest fleets in terms
                                             Eutrophication Assessment, Effects of Nutrient
                                                                                                     countries, representing 74.1 percent of               of ownership (15.3, 13.0, 11, and 8.9 percent,
                                             Enrichment in the Nation’s Estuaries, National          the world’s merchant shipping                         respectively), Panama and Liberia account for the
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                                             Ocean Service, National Oceanic and Atmospheric                                                               largest fleets by flag (21.6 and 8.9 percent,
                                             Administration, September, 1999.                          Globally harmonized regulation of                   respectively).
                                               66 U.S. EPA (2005) Review of the National                                                                      70 Proposal to Initiate a Revision Process,
                                                                                                     ship emissions is generally recognized
                                             Ambient Air Quality Standards for Particulate                                                                 Submitted by Finland, Germany, Italy, the
                                             Matter: Policy Assessment of Scientific and             to be the preferred approach for                      Netherlands, Norway, Sweden and the United
                                             Technical Information, OAQPS Staff Paper. This                                                                Kingdom. MEPC 53/4/4, 15 April 2005. Marine
                                             document is available in Docket EPA–HQ–OAR–               67 See http://www.imo.org Go to Conventions,        Environment Protection Committee, 53rd Session,
                                             2007–0121.                                              Status of Conventions—Summary.                        Agenda Item 4.

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                                                                    Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules                                          69537

                                             the NOX limits to reflect more stringent                can be achieved through the use of                    achieving these limits due to the impact
                                             controls.                                               exhaust gas cleaning or low sulfur fuel.              of sulfur on catalyst operation; however,
                                                The United States began advocating a                 To reduce the costs of the international              we do not believe low sulfur fuel is
                                             review of the NOX emission limits in                    program, the long-term new engine NOX                 necessary to achieve these reductions.
                                             1999.71 However, MEPC did not                           limits and the PM/SOX limits would not                SCR systems have been used on residual
                                             formally consider the issue until 2005,                 apply while ships are operating on the                fuel, with sulfur levels as high as 2.5 to
                                             after the Annex went into effect.                       open ocean; instead, they would in                    3 percent. However low sulfur distillate
                                             Negotiations for amendments to the                      specified geographic areas to be defined              fuel would allow SCR systems to be
                                             Annex VI standards, including NOX and                   under the treaty.                                     smaller, more efficient, less costly, and
                                             SOX emission limits, officially began in                  This section describes in greater detail            simpler to operate.
                                             April 2006, with the most recent round                  how we are considering that emission                    NOX limits for existing engines: Due to
                                             of negotiations taking place in April                   control program for our federal action                the very long life of ocean-going vessels
                                             2007. The United States submitted a                     under the Clean Air Act.                              and the availability of known in-
                                             paper to that meeting (April 2007 Bulk                                                                        cylinder technical modifications that
                                                                                                     A. NOX Standards
                                             Liquids and Gases Sub-Committee                                                                               provide significant and cost-effective
                                             meeting, referred to as BLG–11) setting                    Tier 2 NOX limits: We are considering              NOX reductions, the U.S. proposal to
                                             out an approach for new international                   new NOX emission standards for                        IMO presents potential NOX emission
                                             engine and fuel standards. That                         Category 3 marine diesel engines. As                  limits for engines on vessels built prior
                                             approach forms the basis of the program                 discussed in Section VI, emission                     to the Tier 1 limits. We are requesting
                                             outlined in this ANPRM.72 Discussions                   control technology for Category 3                     comment on requiring engines on these
                                             are expected to continue through                        marine engines has progressed                         vessels to be retrofitted to meet the Tier
                                             Summer 2008 and are expected to                         substantially in recent years. Significant            1 standard. The U.S. submittal proposed
                                             conclude at the October 2008 MEPC                       reductions can be achieved in the near                that this requirement would start in
                                             meeting. We will continue to coordinate                 term through in-cylinder controls with                2012. Although the Tier 1 standards
                                             our national rule for Category 3                        little or no impact on overall vessel                 went into effect in the United States in
                                             emission limits with our activities at                  performance. These technologies                       2004, manufacturers have been building
                                             IMO.                                                    include traditional engine-out controls               engines with emissions that meet this
                                                                                                     such as electronically controlled high                limit since 2000 due to the MARPOL
                                             V. Potential Standards and Effective                    pressure common-rail fuel systems,                    Annex VI NOX standard. Although the
                                             Dates                                                   turbocharger optimization,                            Annex VI standards did not go into
                                                Over the past several years,                         compression-ratio changes, and                        force until 2005, they apply to engines
                                             remarkable progress has been made for                   electronically controlled exhaust valves.             installed on vessels built on or after
                                             land-based highway and nonroad diesel                   Further emission reductions could be                  January 1, 2000.
                                             engines in reducing NOX and PM                          achieved through the use of water-based                 Engines may be retrofitted to achieve
                                             emissions. Current EPA standards for                    technologies such as water                            meaningful emission reduction by
                                             those land-based sources are anticipated                emulsification, direct water injection, or            applying technology used by
                                             to achieve emission reductions of more                  intake-air humidification or through                  manufacturers to meet the Tier 1 limits.
                                             than 90 percent relative to uncontrolled                exhaust gas recirculation. We request                 These technologies include slide-valve
                                             NOX and PM levels. In contrast,                         comment on setting a near term NOX                    fuel injectors and injection timing
                                             Category 3 marine engines are subject to                emission standard requiring a reduction               retard. Manufacturers have indicated
                                             modest NOX standards only. In this                      of 15 to 25 percent below the current                 that they can reduce NOX emissions by
                                             rulemaking, we are considering a                        Tier 1 standard. We are considering                   approximately 20 percent using this
                                             comprehensive program that would set                    applying this near term standard to new               technology. However, some engines
                                             long-term standards based on the use of                 engines as early as 2011.                             have higher baseline emissions than
                                             high-efficiency catalytic aftertreatment.                  Tier 3 NOX limits: In the longer term,             average and would require more than a
                                             These standards would achieve                           we believe that much greater emission                 20 percent emission reduction to meet
                                             substantial reductions in NOX, PM, and                  reductions could be achieved through                  Tier 1 standards. Manufacturers have
                                             SOX exhaust emissions.                                  the use of selective catalytic reduction              expressed concerns that they would not
                                                The program we are considering is                    (SCR). More than 300 SCR systems have                 necessarily be able to reduce emissions
                                             based on the the U.S. Government                        been installed on marine vessels, some                to the Tier 1 standards for such engines
                                             proposal to IMO, which consists of near-                of which have been in operation for                   through a simple retrofit. Therefore, the
                                             and long-term NOX limits for new                        more than 10 years and have                           U.S. proposal to IMO considers a
                                             engines based on engine controls and                    accumulated 80,000 hours of operation.                standard based on percent reduction
                                             aftertreatment technology; NOX limits                   While many of these applications have                 rather than an absolute numerical limit.
                                             for certain existing engines based on                   been limited to certain vessel classes,               Specifically, these engines would need
                                             engine controls; and PM/SOX limits that                 we believe that the technology is                     to be modified to reduce NOX emissions
                                                                                                     feasible for application to most engines              by 20 percent from their existing
                                               71 Revision of the NO Technical Code, Tier 2
                                                                     X                               given adequate lead time. As discussed                baseline emission rate. Alternatively, we
                                             Emission Limits for Diesel Marine Engines At or         in Section VI, SCR systems are capable
                                             Above 130 kW, submitted by the United States.
                                                                                                                                                           request comment on requiring vessel
                                             MEPC 44/11/7, 24 December 1999. Marine                  of reducing NOX on the order of 90 to                 operators to perform a specific action,
                                             Environment Protection Committee, 44th Session,         95 percent compared to current                        such as a valve or injector change, that
                                             Agenda Item 11.                                         emission levels. We further believe that              would be known to achieve a particular
                                               72 ‘‘Revision of the MARPOL Annex VI, the NO
                                                                                                     an 80 percent reduction from the Tier 2               NOX reduction. In this case, the
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                                             Technical Code and Related Guidelines;
                                             Development of Standards for NOX, PM, and SOX,’’        levels discussed above is achievable                  certification and compliance provisions
                                             submitted by the United States, BLG 11/5, Sub-          throughout the life of the vessel. We are             would be based on the completion of
                                             Committee on Bulk Liquids and Gases, 11th               requesting comment on setting a NOX                   this action rather than achieving a
                                             Session, Agenda Item 5, February 9, 2007, Docket
                                             ID EPA–HQ–OAR–2007–0121–0034. This
                                                                                                     standard 80 percent below the Tier 2                  specified emission reduction.
                                             document is also available on our Web site:             standards in the 2016 timeframe. Low                    Over time, engine manufacturers have
                                             http://www.epa.gov/otaq/oceanvessels.com.               sulfur distillate fuel would help in                  changed their engine platforms as new

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                                             69538                  Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules

                                             technologies have become available.                     appropriate implementation date. We                   load smoke and thermal load, PM and
                                             Many of the technologies that can be                    also request comment on allowing                      CO2 emissions, fuel consumption, and
                                             used to reduce NOX emissions on                         vessel operators the option to comply                 concerns about engine reliability and
                                             modern engines may not be easily                        with the standards by simply using a                  load acceptance. We request comment
                                             applied to older engine designs. Based                  distillate fuel with a maximum                        on potential emission reductions
                                             on conversations with engine                            allowable sulfur level, such as 1,000                 beyond the Tier 1 NOX standards that
                                             manufacturers we believe that engines                   ppm. Under this option, no exhaust                    may be achieved through traditional in-
                                             built in the mid-1980s and later are                    emission testing would be required to                 cylinder technology and what the
                                             compatible with the lower NOX                           demonstrate compliance with the                       impact of the low NOX designs would
                                             components. Therefore we are                            standard.                                             be on fuel consumption, maintenance,
                                             requesting comment on excluding                                                                               and on PM exhaust emissions.
                                                                                                     VI. Emission Control Technology
                                             engines installed on a vessel prior to                                                                           Many of the same in-cylinder control
                                             1985 from this requirement. We request                  A. Engine-Based NOX Control                           technologies used to meet the Tier 1
                                             comment on what generation of engines                                                                         NOX standards can be used as retrofit
                                                                                                     1. Traditional In-Cylinder Controls
                                             can be retrofitted to achieve NOX                                                                             technology on existing engines built
                                             reductions. Also, we request comment                       Engine manufacturers are meeting the               prior to the Tier 1 standards. An
                                             on the feasibility, costs, and other                    Tier 1 NOX standards 73 for Category 3                example of this is retrofitting older fuel
                                             business impacts that would result from                 marine engines today through                          injectors with new injectors using slide-
                                             retrofitting existing engines to meet a                 traditional in-cylinder fuel and air                  valve nozzle tips. The slide-valve in the
                                             NOX standard as discussed above.                        management approaches. These in-                      nozzle tip limits fuel ‘‘dripping’’ which
                                                                                                     cylinder emission control technologies                leads to higher HC, PM, and smoke
                                             B. PM and SOX Standards                                 include electronic controls, optimizing               emissions and engine fouling. This fuel
                                                For PM and SOX emission control, we                  the turbocharger, higher compression                  nozzle can be combined with low-NOX
                                             are considering emission performance                    ratio, valve timing, and optimized fuel               engine calibration to achieve about a 20
                                             standards that would reflect the use of                 injection which may include common                    percent reduction in NOX emissions
                                             low-sulfur distillate fuels or the use of               rail systems, timing retard, increased                through an engine retrofit.75 This retrofit
                                             exhaust gas cleaning technology, or a                   injection pressure, rate shaping, and                 is relatively simple on engine platforms
                                             combination of both. As discussed in                    changes to the number and size of                     similar to those used for the Tier 1
                                             Section VI, SOX emissions and the                       injector holes to increase fuel                       compliant engines, but the slide-valve
                                             majority of the direct PM emissions                     atomization. Although U.S. standards                  injectors may not be compatible with
                                             from Category 3 marine engines                          became effective in 2004, most                        older engines. We request comment on
                                             operated on residual fuels are a direct                 manufacturers began selling marine                    the costs and other business impacts of
                                             result of fuel quality, most notably the                engines in 2000 that met the MARPOL                   retrofitting Category 3 marine engines
                                             sulfur in the fuel. In addition, SOX                    Annex VI NOX standard in anticipation                 built before 2000 to meet the Tier 1 NOX
                                             emissions form secondary PM in the                      of its ratification.                                  standard.
                                             atmosphere. Other components of                            Manufacturers have indicated that
                                             residual fuel, such as ash and heavy                    they would be able to use in-cylinder                 2. Water-Based Technologies
                                             metals, also contribute directly to PM.                 engine control strategies to achieve                     NOX emissions from Category 3
                                             Significant PM and SOX reductions                       further NOX emission reductions                       marine engines can be reduced by
                                             could be achieved by using low sulfur                   beyond the Tier 1 standards.                          introducing water into the combustion
                                             fuel residual fuel or distillate fuel.                  EUROMOT, which is an association of                   process in combination with
                                             Alternatively, direct and indirect sulfur-              engine manufacturers, submitted a                     appropriate in-cylinder controls. Water
                                             based PM can be reduced through the                     proposal to the International Maritime                can be used in the combustion process
                                             use of a seawater scrubber in the                       Organization for new Category 3 marine                to lower the maximum combustion
                                             exhaust system. Recent demonstration                    engine NOX standards 2 g/kW-hr below                  temperature, and therefore lower NOX
                                             projects have shown that scrubbers are                  the Tier 1 NOX standard.74 In this                    formation without a significant increase
                                             capable of reducing SOX emissions on                    submission, they pointed to the                       in fuel consumption. Water has a high
                                             the order of 95 percent and can achieve                 following technologies for Category 3                 heat capacity which allows it to absorb
                                             substantial reductions in PM as well.                   marine engines operating on residual                  enough of the energy in the cylinder to
                                                We request comment on setting a PM                   fuel: Fuel injection timing, high                     reduce peak combustion temperatures.
                                             standard on the order of 0.5 g/kW-hr                    compression ratio, modified valve                     Data from engine manufacturers suggest
                                             and a SOX standard on the order of 0.4                  timing on 4-stroke engines, late exhaust              that, depending on the amount of water
                                             g/kW-hr. We believe that the                            valve closing on 2-stroke engines, and                and how it is introduced into the
                                             combination of these two performance-                   optimized fuel injection system and                   combustion chamber, a 30 to 80 percent
                                             based standards would be a cost-                        combustion chamber. EUROMOT stated                    reduction in NOX can be achieved from
                                             effective way to approach both primary                  that the limiting factors for NOX design              Category 3 marine engines.76 77 78
                                             and secondary PM emission reductions                    and optimization are increases in low
                                             because ship owners would have a                                                                                75 Henningsen, S., ‘‘2007 Panel Discussion on
                                             variety of mechanisms to achieve the                      73 This NOX standard is the same as the             Emission Reduction Solutions for Marine Vessels;
                                             standard, including fuel switching or                   internationally negotiated NOX standards              Engine Technologies’’ presentation by MAN B&W at
                                             the use of emission scrubbers. This                     established by the International Maritime             the Clean Ships: Advanced Technology for Clean
                                                                                                     Organization (IMO) in Annex VI to the International   Air Conference, February 8, 2007, Docket ID EPA–
                                             standard would apply as early as 2011                                                                         HQ–OAR–2007–0121–0031.
                                                                                                     Convention on the Prevention of Pollution from
                                             and would result in more than a 90
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                                                                                                     Ships, 1973, as Modified by the Protocol of 1978        76 Heim, K., ‘‘Future Emission Legislation and
                                             percent reduction in SOX and                            Relating Thereto (MARPOL).                            Reduction Possibilities,’’ presentation by Wartsila at
                                             approximately a 50–70 percent                             74 ‘‘MARPOL Annex VI Revision—Proposals             the CIMAC Circle 2006, September 28, 2006, Docket
                                             reduction in PM. We request comment                     Related to Future Emission Limits and Issues for      ID EPA–HQ–OAR–2007–0121–0017.
                                                                                                     Clarification,’’ Submitted by EUROMOT to the IMO        77 Aabo, K., Kjemtrup, N., ‘‘Latest on Emission
                                             on performance based PM and SOX                         Subcommittee on Bulk Liquids and Gases, BLG 10/       Control Water Emulsion and Exhaust Gas Re-
                                             standards for Category 3 marine engines,                14/12, January 26, 2006, Docket ID EPA–HQ–OAR–        Circulation,’’ MAN B&W, CIMAC paper number
                                             what the standards should be, and an                    2007–0121–0014.                                       126, presented at International Council on

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                                                                    Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules                                                    69539

                                             However, some increase in PM may                        exhaust is used to generate fresh water                manufacturers are using this technology
                                             result due to the lower combustion                      for on-board use. We request comment                   to meet Euro 5 emissions limits and
                                             temperatures, depending on the water                    on the capabilities of marine vessels,                 several heavy-duty truck engine
                                             introduction strategy.79 We request                     especially ocean-going ships, to generate              manufacturers have indicated that they
                                             comment on the potential NOX                            sufficient fresh water on-board to                     will use SCR technology to meet
                                             reductions achievable from water-based                  support the use of water-based NOX                     stringent U.S. NOX limits beginning in
                                             technologies and what the impact on                     control technologies. For vessels making               2010. Collaborative research and
                                             other pollutants or fuel consumption                    shorter trips, we request comment on                   development activities between diesel
                                             may be.                                                 the costs associated with storing fresh                engine manufacturers and SCR catalyst
                                                Water may be introduced into the                     water on board and replenishing the                    suppliers suggest that SCR is a mature,
                                             combustion process through                              water supply when at port. We also                     cost-effective solution for NOX
                                             emulsification with the fuel, direct                    request comment on the hardware and                    reduction on diesel engines.
                                             injection into the combustion chamber,                  operating costs associated with this                      SCR has also been demonstrated for
                                             or saturating the intake air with water                 emission control technology.                           use with marine diesel engines. More
                                             vapor. Water emulsification refers to                                                                          than 300 SCR systems have been
                                             mixing the fuel and water prior to                      3. Exhaust Gas Recirculation
                                                                                                                                                            installed on marine vessels, some of
                                             injection. This strategy is limited by the                 Exhaust gas recirculation (EGR) is a                which have been in operation for more
                                             instability of the water in the fuel, but               strategy similar to water-based NOX                    than 10 years and have accumulated
                                             can be improved by mixing the water                     reduction approaches in that a non-                    80,000 hours of operation.83 84 85 86 These
                                             into the fuel just prior to injection into              combustible fluid (in this case exhaust                systems are used in a wide range of ship
                                             the cylinder. More effective control can                gas) is added to the combustion process.               types including ferries, supply ships, ro
                                             be achieved through the use of an                       The exhaust gas is inert and reduces                   ros (roll-on roll-off), tankers, container
                                             independent injection nozzle in the                     peak combustion temperatures, where                    ships, icebreakers, cargo ships,
                                             cylinder for the water. Using a separate                NOX is formed, by slowing reaction                     workboats, cruise ships, and foreign
                                             injector nozzle for water allows larger                 rates and absorbing some of the heat                   navy vessels for both propulsion and
                                             amounts of water to be added to the                     generated during combustion. One                       auxiliary engines. These SCR units are
                                             combustion process because the water is                 study concluded that EGR could be used                 being used successfully on slow and
                                             injected simultaneously with the fuel,                  to achieve similar NOX emission                        medium speed Category 3 propulsion
                                             and larger injection pumps and nozzles                  reductions as water emulsion.80                        engines and on Category 2 propulsion
                                             can be used for the water injection. In                 However, due to the risk of carbon                     and auxiliary engines. The fuel used on
                                             addition, the fuel injection timing and                 deposits and deterioration due to                      ships with SCR systems ranges from low
                                             water flow rates can be better optimized                sulfuric acid in the exhaust gas when                  sulfur distillate fuel to high sulfur
                                             at different engine speeds and loads.                   high sulfur fuel is used, any exhaust                  residual fuel. SCR is capable of reducing
                                             Even higher water-to-fuel ratios can be                 gases recirculated to the cylinder intake              NOX emissions in marine diesel exhaust
                                             achieved through the use of combustion                  would have to be cleaned before being                  by more than 90 percent and can have
                                             air humidification and steam injection.                 routed back into the cylinder. One                     other benefits as well.87 88 89 Fuel
                                             With combustion air humidification, a                   method of cleaning the exhaust would                   consumption improvements may also be
                                             water nozzle is placed in the engine                    be to use a seawater scrubber.81 Another               gained with the use of an SCR system.
                                             intake and an air heater is used to offset              alternative is to use internal EGR where               By relying on the SCR unit for NOX
                                             condensation. With steam injection,                     a portion of the exhaust gases is held in              emissions control, the engine can be
                                             waste heat is used to vaporize water,                   the cylinder after combustion based on                 optimized for better fuel consumption,
                                             which is then injected into the                         the cylinder scavenging design.82                      rather than for low NOX emissions.
                                             combustion chamber during the                           B. NOX Aftertreatment                                  When an oxidation catalyst is used in
                                             compression stroke.                                                                                            conjunction with the SCR unit,
                                                Depending on the targeted NOX                          NOX emissions can be reduced
                                                                                                     substantially using selective catalytic                significant reductions in HC, CO, and
                                             emission reduction, the amount of water
                                             used can range from half as much as the                 reduction (SCR), which is a commonly-                     83 ‘‘DEC SCR Convertor System,’’ Muenters, May
                                             fuel volume to more than three times as                 used technology reducing NOX                           1, 2006, Docket ID EPA–HQ–OAR–2007–0121–
                                             much. Fresh water is necessary for the                  emissions standards in diesel                          0013.
                                             water-based NOX reduction techniques.                   applications worldwide. Stationary                                  ¨
                                                                                                                                                               84 Hagstrom, U., ‘‘Humid Air Motor (HAM) and

                                             Introducing saltwater into the engine                   power plants fueled with coal, diesel,                 Selective Catalytic Reduction (SCR),’’ Viking Line,
                                                                                                                                                            presented at Air Pollution from Ships, May 24–26,
                                             could result in serious deterioration due               and natural gas have used SCR for three                2005, Docket ID EPA–HQ–OAR–2007–0121–0027.
                                             to corrosion and fouling. For this                      decades as a means of controlling NOX                     85 ‘‘Reference List—SINO  Systems,’’ Argillon,
                                             reason, a ship using water strategies                   emissions. European heavy-duty truck                   December 2006, Docket ID EPA–HQ–OAR–2007–
                                             would need either to produce fresh                                                                             0121–0035.
                                                                                                                                                               86 ‘‘Reference List January 2005 Marine
                                             water through the use of a desalination                   80 Aabo, K., Kjemtrup, N., ‘‘Latest on Emission

                                                                                                     Control Water Emulsion and Exhaust Gas Re-             Applications,’’ Hug Engineering, January 2005,
                                             or distillation system or to store fresh                                                                       Docket ID EPA–HQ–OAR–2007–0121–0036.
                                                                                                     Circulation,’’ MAN B&W, CIMAC paper number
                                             water on-board. Often, waste heat in the                126, presented at International Council on                87 Heim, K., ‘‘Future Emission Legislation and

                                                                                                     Combustion Engines Congress, 2004, Docket ID                                         ¨    ¨
                                                                                                                                                            Reduction Possibilities,’’ Wartsila, presented at
                                             Combustion Engines Congress, 2004, Docket ID            EPA–HQ–OAR–2007–0121–0005.                             CIMAC Circle 2006, September 28, 2006, Docket ID
                                             EPA–HQ–OAR–2007–0121–0005.                                81 Henningsen, S., ‘‘2007 Panel Discussion on        EPA–HQ–OAR–2007–0121–0017.
                                               78 Hagstrm, U., ‘‘Humid Air Motor (HAM) and           Emission Reduction Solutions for Marine Vessels;          88 Argillon, ‘‘Exhaust Gas Aftertreatment Systems;

                                             Selective Catalytic Reduction (SCR) Viking Line,’’      Engine Technologies’’ presentation by MAN B&W at       SCR—The Most Effective Technology for NOX
jlentini on PROD1PC65 with PROPOSALS2

                                             presented by Viking Line at Swedish Maritime            the Clean Ships: Advanced Technology for Clean         Reduction,’’ presented at Motor Ship Marine
                                             Administration Conference on Emission Abatement         Air Conference, February 8, 2007, Docket ID EPA–       Propulsion Conference, May 7–8, 2003, Docket ID
                                             Technology on Ships, May 24–26, 2005, Docket ID         HQ–OAR–2007–0121–0031.                                 EPA–HQ–OAR–2007–0121–0010.
                                             EPA–HQ–OAR–2007–0121–0027.                                82 Weisser, G., ‘‘Emission Reduction Solutions for                  ¨
                                                                                                                                                               89 Holmstrom, Per, ‘‘Selective Catalytic
                                               79 Koehler, H., ‘‘Field Experience with               Marine Vessels—Wartsila Perspective’’ presentation     Reduction,’’ presentation by Munters at Clean
                                             Considerably Reduced NOX and Smoke Emissions,’’         by Wartsila at the Clean Ships: Advanced               Ships: Advanced Technology for Clean Air,
                                             MAN B&W, 2004, Docket ID EPA–HQ–OAR–2007–               Technology for Clean Air Conference, February 8,       February 7–9, 2007, Docket ID EPA–HQ–OAR–
                                             0121–0019.                                              2007, Docket ID EPA–HQ–OAR–2007–0121–0032.             2007–0121–0013.

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                                             69540                   Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules

                                             PM may also be achieved. The SCR unit                    sulfates and poisoning of the oxidation               near the coast.93 Exhaust temperatures
                                             attenuates sound, so it may use the                      catalyst. When operating on marine                    could be increased by adjusting engine
                                             space on the vessel that would normally                  distillate fuel with a sulfur level of                parameters, such as reduced charge air
                                             hold a large muffler generally referred to               1,000 ppm, the minimum exhaust                        cooling and modified injection timing.
                                             as an exhaust gas silencer. To the extent                temperature for effective reductions                  In one case, SCR was used on a short
                                             that SCR has been used in additional                     through a current SCR system would be                 passage car ferry which originally had
                                             marine applications, we request further                  on the order of 270 °C. On typical heavy              exhaust temperatures below 200 °C
                                             information on the emission reductions                   fuel oils, which have sulfur                          when the engine was operated at low
                                             that have been achieved. We also                         concentrations on the order of 2.5                    load.94 When the SCR unit was
                                             request comment on the durability,                       percent, the exhaust temperature would                installed, controls were placed on the
                                             packaging, and cost of these systems.                    need to be about 300°C due to high                    intercooler in the air intake system. By
                                                An SCR catalyst reduces nitrogen                      sulfur concentrations. We request                     reducing the cooling on the intake air,
                                             oxides to elemental nitrogen (N2) and                    comment on the relationship between                   the exhaust temperature was increased
                                             water by using a small amount of                         SCR operating temperatures and the                    to be within the operating range of the
                                             ammonia (NH3) as the reducing agent.                     quality of the fuel used.                             SCR unit, even during low power
                                             The most-common method for                                                                                     operation. In a ship using multiple
                                             supplying ammonia to the SCR catalyst                       SCR can be operated in exhaust
                                                                                                                                                            propulsion engines, one or more engines
                                             is to inject an aqueous urea-water                       streams at or above 500 °C before heat-
                                                                                                                                                            could be shut down such that the
                                             solution into the exhaust stream. In the                 related degradation of the catalyst
                                                                                                                                                            remaining engine or engines are
                                             presence of high-temperature exhaust                     becomes significant. This maximum
                                                                                                                                                            operating at higher power. Another
                                             gases (>200 °C), the urea in the injected                exhaust temperature is sufficient for use
                                                                                                                                                            approach to increase the exhaust
                                             solution hydrolyzes to form NH3. The                     with Category 3 marine engines.
                                                                                                                                                            temperature could be to use burner
                                             NH3 is stored on the surface of the SCR                  Exhaust valve temperatures are
                                                                                                                                                            systems during low power operation. If
                                             catalyst where it is used to complete the                generally maintained below 450°C to
                                                                                                                                                            commenters have additional
                                             NOX reduction reaction. In theory, it is                 minimize high temperature corrosion
                                                                                                                                                            information on using SCR at low power
                                             possible to achieve 100 percent NOX                      and fouling caused by vanadium and
                                                                                                                                                            operation, we request that this
                                             conversion if the exhaust temperature is                 sodium present in residual fuel.
                                                                                                                                                            information be submitted for our
                                             high enough and the catalyst is large                       Modern SCR systems should be able                  consideration as we continue
                                             enough. Low temperature NOX                              to achieve very high NOX conversion for               developing proposed standards for
                                             conversion efficiency can be improved                    all operation covered by the E3 test                  Category 3 marine engines.
                                             through use of an oxidation catalyst                     cycle, which includes power levels from                 SCR grade urea is a widely used
                                             upstream of the SCR catalyst to promote                  25 to 100 percent. A properly designed                industrial chemical around the world.
                                             the conversion of NO to NO2. Because                     system can generally maintain exhaust                 Although an infrastructure for
                                             the reduction of NOX can be rate limited                 temperatures high enough at these                     widespread transportation, storage, and
                                             by NO reductions, converting some of                     power levels to ensure proper                         dispensing of SCR-grade urea does not
                                             the NO to NO2 also allows                                functioning of the improved SCR                       currently exist in most places, we
                                             manufacturers to use a smaller reactor.                  catalysts. However, exhaust                           believe that it would develop as needed
                                                Manufacturers report minimum                          temperatures at lower power levels on                 based on market forces. Concerning urea
                                             exhaust temperatures for SCR units to                    current vessels may be below the                      production capacity, the U.S. has more-
                                             be in the range of 250 to 300 °C,                        minimum temperature threshold for                     than-sufficient capacity to meet the
                                             depending on the catalyst system design                  SCR systems, especially when operated                 additional needs of the marine engines.
                                             and fuel sulfur level.90 91 92 Below this                on high sulfur fuels. We believe that it              Currently, the U.S. consumes 14.7
                                             temperature, the vanadium-oxide                          is important that NOX emission control                million tons of ammonia resources per
                                             catalyst in the SCR unit would not be                    is achieved even at low power due to                  year, and relies on imports for 41
                                             hot enough to efficiently reduce NOX.                    the concern that much of the engine                   percent of that total (of which, urea is
                                             With very low sulfur fuels, a highly                     operation that occurs near the shore                  the principal derivative). In 2005,
                                             reactive oxidation catalyst can be used                  may be at less than 25 percent power.                 domestic ammonia producers operated
                                             upstream of the SCR reactor to convert                   As described in Section VII.A.2, we are               their plants at 66 percent of rated
                                             NO to NO2. NO2 reacts in the SCR                         considering the need for changes to the               capacity, resulting in 4.5 million tons of
                                             catalyst at lower temperatures than NO;                  test cycle or other supplemental                      reserve production capacity.95 Thus we
                                             therefore, the oxidation catalyst lowers                 requirements to account for the fact that             do not project that urea cost or supply
                                             the exhaust temperature at which the                     the current test cycle does not include               will be an issue. As an alternative, one
                                             SCR unit is effective. However, as the                   any operation below 25 percent power.                 study looked at using hydrocarbons
                                             sulfur concentration increases, a less                   We request comment on engine power                    distilled from the marine fuel oil as a
                                             reactive oxidation catalyst must be used                 levels, and corresponding exhaust                     reductant for an SCR unit.96 We request
                                             to prevent excessive formation of                        temperature profiles, when
                                                                                                      maneuvering, operating at low speeds,                   93 MAN B&W, ‘‘Emission Control Two-Stroke
                                               90 Rasmussen,   K., Ellegasrd, L., Hanafusa, M.,       or during other operation near shore.                 Low-Speed Diesel Engines,’’ December 1996,
                                             Shimada, K., ‘‘Large Scale SCR Application on                                                                  Docket ID EPA–HQ–OAR–2007–0121–0020.
                                             Diesel Power Plant,’’ CIMAC paper number 179,               We believe there are several                         94 ‘‘NO Emissions from M/V Hamlet,’’ Data
                                             presented at International Council on Combustion         approaches that can be used to ensure                 provided to W. Charmley, U.S. EPA. by P.
                                             Engines Congress, 2004, Docket ID EPA–HQ–OAR–            that the exhaust temperature during low                        ¨
                                                                                                                                                            Holmstrom, DEC Marine, February 5, 2007, Docket
                                             2007–0121–0007.                                                                                                ID EPA–HQ–OAR–2007–0121–0015.
                                                                                                      power operation is sufficiently high for
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                                               91 ‘‘Munters SCR ConverterTM System,’’                                                                         95 U.S. Department of the Interior, ‘‘Mineral

                                             downloaded from www.munters.com, November 21,            the SCR unit to function properly. By                 Commodity Summaries 2006,’’ page 118, U.S.
                                             2006, Docket ID EPA–HQ–OAR–2007–0121–0023.               positioning the SCR system ahead of the               Geological Survey, January 13, 2006, Docket ID
                                               92 Argillon, ‘‘Exhaust Gas Aftertreatment Systems;     turbocharger, the heat to the SCR system              EPA–HQ–OAR–2007–0121–0022.
                                             SCR—The Most Effective Technology for NOX                can be maximized. This approach was                     96 Tokunaga, Y., Kiyotaki, G., ‘‘Development of

                                             Reduction,’’ presented at Motor Ship Marine                                                                    NOX Reduction System for Marine Diesel Engines
                                             Propulsion Conference, May 7–8, 2003, Docket ID
                                                                                                      used with vessels equipped with slow-                 by SCR using Liquid Hydrocarbon Distilled from
                                             EPA–HQ–OAR–2007–0121–0010.                               speed engines that operated at low loads              Fuel Oil as Reductant,’’ CIMAC paper number 63,

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                                                                    Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules                                                      69541

                                             comment on any issues related using                     case, the majority of the PM from the                    of sulfur in the fuel, a given percent
                                             urea, or any other reductant, on ships                  engine is made up of sulfur, metal, and                  reduction in sulfur in the fuel would be
                                             such as costs, on-board storage                         ash components originating from the                      expected to result in about the same
                                             requirements, and supply infrastructure.                fuel itself. On a mass basis, the vast                   percent reduction in SOX emissions
                                                                                                     majority of this fuel-based PM is due to                 from the engine. We request comment
                                             C. PM and SOX Control
                                                                                                     the sulfur which oxidizes in the                         on the potential PM and SOX emission
                                                As discussed above, we are                           combustion process and associates with                   reductions that could be achieved
                                             considering PM and SOX emission                         water to form an aqueous solution of                     through the use of lower sulfur residual
                                             control approaches based on both fuel                   sulfuric acid, known as sulfate PM. Data                 fuel or through the use of distillate fuel
                                             sulfur limits and performance based                     suggest that about two percent of the                    in Category 3 marine engines.
                                             requirements. This section discusses                    sulfur in the fuel is converted directly                    In general, engines that are designed
                                             traditional in-cylinder emission                        to sulfate PM.100 101 The rest of the                    to operate on residual fuel are capable
                                             controls, fuel quality, and exhaust gas                 sulfur in the fuel forms SOX emissions.                  of operating on distillate fuel. For
                                             scrubbing technology.                                   These SOX emissions lead to indirect                     example, if the engine is to be shut
                                             1. In-Cylinder Controls                                 PM formation in the atmosphere.                          down for maintenance, distillate fuel is
                                                                                                        We believe that substantial PM and                    typically used to flush out the fuel
                                                For typical diesel engines operating                 SOX reductions could be achieved                         system. There are some issues that
                                             on distillate fuel, particulate matter                  through the use of lower sulfur fuel.                    would need to be addressed for
                                             formation is primarily the result of                    Using a residual fuel with a lower sulfur                operating engines on distillate fuel that
                                             incomplete combustion of the fuel and                   content would reduce the fraction of PM                  were designed primarily for use on
                                             lube oil. The traditional in-cylinder                   from sulfate formation. One study                        residual fuel. Switching to distillate fuel
                                             technologies discussed above for NOX                    showed a decrease of PM emissions                        requires 20 to 60 minutes, depending on
                                             emission control can be optimized for                   from more than 1.0 g/kW-hr on 2.4                        how slowly the operator wants to cool
                                             PM control while simultaneously                         percent sulfur fuel to less than                         the fuel temperatures. According to
                                             reducing NOX emissions. If                              0.5 g/kW-hr with 0.8 percent sulfur fuel                 engine manufacturers, switching from a
                                             aftertreatment, such as SCR, is used to                 for a medium-speed generator engine on                   heated residual fuel to an unheated
                                             control NOX, then the in-cylinder                       a ship.102 Using distillate fuel would                   distillate too quickly could cause
                                             technologies can be used primarily for                                                                           damage to fuel pumps. These fuel
                                                                                                     likely have further reduced sulfur-based
                                             PM reductions. However, the PM                                                                                   pumps would need to be designed to
                                                                                                     emissions and PM emissions from ash
                                             reduction through in-cylinder                                                                                    operate on both fuels if a fuel-switching
                                                                                                     and metals. Another study compared
                                             technologies is limited for engines                                                                              strategy were employed. Separate fuel
                                                                                                     PM emissions from a large 2-stroke
                                             operating on high-sulfur fuel because                                                                            tanks would be needed for distillate fuel
                                                                                                     marine engine on both low sulfur
                                             the majority of the PM emissions in this                                                                         with sufficient capacity for potentially
                                                                                                     residual fuel oil and marine distillate oil
                                             case are due to compounds in the fuel                                                                            extended operation on this fuel. It is
                                                                                                     and reported about a 70 percent
                                             rather than due to incomplete                                                                                    common for ships to have several fuel
                                                                                                     reduction in PM.103 The simpler
                                             combustion, as discussed below.                                                                                  tanks today to accommodate the variety
                                                                                                     molecular structure of distillate fuel
                                             2. Fuel Quality                                         may result in more complete                              in different grades of residual fuel
                                                                                                     combustion and reduced levels of                         which may be incompatible with each
                                                The majority of Category 3 engines are                                                                        other and, therefore, require segregation.
                                             designed to run on residual fuel which                  carbonaceous PM (soot and heavy
                                                                                                     hydrocarbons). Because SOX emissions                     Also, different lubricating oil is used
                                             has the highest viscosity and lowest                                                                             with each fuel type. We believe that
                                             price of the petroleum fuel grades.                     are directly related to the concentration
                                                                                                                                                              properly designed ships would be able
                                             Residual fuels are known by several                                                                              to operate on distillate fuel either under
                                             names including heavy fuel oil (HFO),                   Propulsion Engines,’’ presentation from Wartsila to
                                                                                                     EPA on September 6, 2001, Docket ID EPA–HQ–              a fuel-switching strategy or for extended
                                             bunker C fuel, and marine fuel oil. This                OAR–2007–0121–0028.                                      use. We request comment on the
                                             fuel is made from the very end products                    98 Koehler, H., ‘‘Field Experience with
                                                                                                                                                              practical implications of operating ships
                                             of the oil refining process, formulated                 Considerably Reduced NOX and Smoke Emissions,’’
                                                                                                                                                              on either lower sulfur residual or
                                             from residues remaining in the primary                  MAN B&W, 2004, Docket ID EPA–HQ–OAR–2007–
                                                                                                     0121–0019.                                               distillate fuel for extended use.
                                             distilling stages of the refining process.                 99 Heim, K., ‘‘Future Emission Legislation and           Fuel quality may also affect NOX
                                             It has high content of ash, metals,                     Reduction Possibilities,’’ presentation by Wartsila at   emissions. Residual fuels have nitrogen
                                             nitrogen, and sulfur that increase                      the CIMAC Circle 2006, September 28, 2006, Docket        bound into the fuel at a concentration
                                             emissions of exhaust PM pollutants.                     ID EPA–HQ–OAR–2007–0121–0017.
                                                                                                                                                              on the order of 0.3 to 0.4 weight percent.
                                                                                                        100 ‘‘Emission Factors for Compression Ignition
                                             Typical residual fuel contains about 2.7                                                                         In contrast, marine distillate fuel has
                                                                                                     Nonroad Engines Operated on No. 2 Highway and
                                             percent sulfur, but may have a sulfur                   Nonroad Diesel Fuel,’’ U.S. EPA, EPA420–R–98–            about a 0.02 to 0.06 weight percent
                                             content as high as 4.5 percent.                         001, March 1998, Docket ID EPA–HQ–OAR–2007–              concentration of nitrogen in the fuel.
                                                When a diesel engine is operating on                 0121–0025.                                               Approximately half of nitrogen in the
                                             very low sulfur distillate fuel, 80 to 90                  101 Lyyranen, J., Jokiniemi, J., Kauppinen, E.,
                                                                                                                                                              fuel will oxidize to form NOX in a
                                             percent of the PM in the exhaust is                     Joutsensaari, J., ‘‘Aerosol Characterization in
                                                                                                     Medium-Speed Diesel Engines Operating with               marine diesel engine.104 In addition, the
                                             unburned hydrocarbons from the fuel                     Heavy Fuel Oils,’’ Aerosol Science Vol. 30, No. 6,       ignition quality of the fuel may be worse
                                             and lubricating oil and carbon soot.                    pp. 771–784, 1999, Docket ID EPA–HQ–OAR–2007–            for residual fuel than for distillate fuel
                                             When residual fuel is used, only about                  0121–0009.                                               which can affect NOX emissions. These
                                             25 to 35 percent of the PM from the                        102 Maeda, K., Takasaki, K., Masuda, K., Tsuda,
                                                                                                                                                              effects are reflected in the MARPOL
                                             engine is made up of unburned                           M., Yasunari, M., ‘‘Measurement of PM Emission
                                                                                                                                                              NOX technical code which allows an
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                                                                                                     from Marine Diesel Engines,’’ CIMAC paper number
                                             hydrocarbon compounds.97 98 99 In this                  107 presented at International Council on
                                                                                                     Combustion Engines Congress, 2004, Docket ID               104 Takasaki, K., Tayama, K., Tanaka, H., Baba, S.,
                                             presented at International Council on Combustion        EPA–HQ–OAR–2007–0121–0004.                               Tajima, H., Strom, A., ‘‘NOX Emission from Bunker
                                             Engines Congress, 2004, Docket ID EPA–HQ–OAR–              103 Kasper, A., Aufdenblatten, S., Forss, A., Mohr,   Fuel Combustion,’’ CIMAC paper number 87,
                                             2007–0121–0002.                                         M., Burtscher, H., ‘‘Particulate Emissions from a        presented at International Council on Combustion
                                               97 Paro, D., ‘‘Effective, Evolving, and Envisaged     Low-Speed Marine Diesel Engine,’’ Aerosol Science        Engines Congress, 2004, Docket ID EPA–HQ–OAR–
                                             Emission Control Technologies for Marine                and Technology, 41:24–32, 2007.                          2007–0121–0003.

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                                             69542                  Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules

                                             upward adjustment of 10 percent for                     stack, demisters are used to separate                 particulate matter and condensable
                                             NOX, under certain circumstances,                       water droplets that may be entrained in               organics in diesel exhaust.107 Although
                                             when the engine is tested on residual                   the exhaust. The cleaned exhaust passes               exhaust gas scrubbers are only used in
                                             fuel. We request comment on the effect                  out of the scrubber through the top                   a few demonstration vessels today, this
                                             of using residual fuel on NOX emissions,                while the water, containing sulfates, is              technology is widely used in land-based
                                             both due to nitrogen in the fuel and any                drained out through the bottom. Recent                applications. We request comment on
                                             impacts of fuel quality on ignition-delay               demonstration projects have shown                     how scrubber design impacts the
                                             or other combustion characteristics.                    scrubbers are capable of reducing SOX                 amount of PM that is removed from the
                                               There are several types of processes                  emissions on the order of 95 percent.105              exhaust.
                                             refineries use to remove sulfur from                    Today, exhaust gas silencers are used on                 It may be possible to achieve NOX
                                             fuels. Traditional sulfur removal                       ships to muffle noise from the exhaust.               reductions through the use of seawater
                                             technologies include installing a                       Seawater scrubbers would act as                       scrubbers. In a typical scrubber, the
                                             hydrocracker upstream, or a                             mufflers making the exhaust gas                       water-soluble fraction of NOX (NO2) can
                                             hydrotreater upstream or downstream,                    silencers unnecessary. New seawater                   combine with the water to form nitrates
                                             of the fluidized catalytic cracker (FCC)                scrubber designs are not much larger                  which are scrubbed out of the exhaust.
                                             unit. Due to high refinery production                   than exhaust gas silencers already used               However, because NO2 makes up only a
                                             costs, it is not likely that much new                   on ships, and could be packaged in the                small fraction of total NOX, this results
                                             volume of residual fuel will be                         space formerly used by an exhaust gas                 in less than a 10 percent reduction in
                                             desulfurized to create 1,000 ppm heavy                  silencer.106 We request comment on                    NOX emissions exhausted to
                                             fuel oil. It is more likely that additional             further experience with seawater                      atmosphere.108 Seawater electrolysis
                                             distillate fuel may be produced by                      scrubbers and on the practical issues                 systems have been developed which
                                             cracking existing residual fuels or that                related to installing scrubbers on ships,             increase the adsorption rate of NOX in
                                             blends of high and low sulfur fuels will                including space constraints and costs.                the water by oxidizing NO to NO2,
                                             be used. Some existing low sulfur                          Exhaust gas scrubbers can achieve                  which is water-soluble.109 One study
                                             residual fuel is already produced,                      reductions in particulate matter as well.             used electrolysis in an experimental
                                             though the volume is probably                           By removing sulfur from the exhaust,                  scrubbing system to remove 90 percent
                                             insufficient to fully meet fuel volume                  the scrubber removes most of the direct               of the NO and nearly all of the NO2 in
                                             requirements for both ships and land-                   sulfate PM. As discussed above, sulfates              the feed gas.110 We request comment on
                                             based applications subject to local                     are a large portion of the PM from ships              the feasibility of achieving significant
                                             sulfur emission requirements. We                        operating on high sulfur fuels. By                    NOX reductions from Category 3 marine
                                             request comment on the availability of                  reducing the SOX emissions, the                       engines through the use of seawater
                                             low sulfur marine fuels.                                scrubber will also control much of the                scrubbers. We also request comment on
                                             3. Exhaust Gas Scrubbers                                secondary PM formed in the atmosphere                 the impact of this technology on nitrate
                                                                                                     from SOX emissions.                                   loading and eutrophication of
                                                Another approach to reduce PM and                       Simply mixing alkaline water in the                surrounding waters.
                                             SOX emissions is to use seawater                        exhaust does not necessarily remove                      Water-soluble components of the
                                             scrubbers. Seawater scrubbers are an                    much of the carbonaceous PM, ash, or                  exhaust gas such as SO2, SO3, and NO2
                                             aftertreatment technology that uses the                 metals in the exhaust. While SO2                      form sulfates and nitrates that are
                                             seawater’s ability to absorb SO2. In the                associates with the wash water, particles             dumped overboard in the discharge
                                             scrubber, the exhaust gases are brought                 can only be washed out of the exhaust                 water. Scrubber wash water also
                                             into contact with seawater. The SO2 in                  through direct contact with the water. In             includes suspended solids, heavy
                                             the exhaust reacts with oxygen to                       simple scrubber designs, much of the                  metals, hydrocarbons and PAHs. Before
                                             produce sulfur trioxide that                            mass of particles can hide in gas bubbles             the scrubber water is discharged, it may
                                             subsequently reacts with water to yield                 and escape out the exhaust.                           be processed to remove solid particles
                                             sulfuric acid. The sulfuric acid in the                 Manufacturers have been improving                     through several approaches. Heavier
                                             water then reacts with carbonate (and                   their scrubber designs to address                     particles may be trapped in a settling or
                                             other salts) in the seawater to form                    carbonaceous soot and other fine                      sludge tank for disposal. The removal
                                             sulfates which may be removed from the                  particles. Finer water sprays, longer                 process may include cyclone technology
                                             exhaust. The carbonate also                             mixing times, and turbulent action                    similar to that used to separate water
                                             directionally neutralizes the pH of the                 would be expected to directionally                    from residual fuel prior to delivery to
                                             sulfuric acid.                                          reduce PM emissions through contact                   the engine. However, depending on
                                                A scrubber system does not
                                                                                                     impactions. One scrubber design uses
                                             necessarily need to use sea water. An
                                                                                                     an electric charge on the water to attract              107 ‘‘Cloud Chamber Scrubber Performance
                                             alternative approach is to circulate fresh                                                                    Results for Diesel Exhaust,’’ Tri-Mer Corporation,
                                                                                                     particles in the exhaust to the water.
                                             water through the scrubber system. In                                                                         April 14, 2005, Docket ID EPA–HQ–OAR–2007–
                                                                                                     Two chambers are used so that both a                  0121–0026.
                                             this design, the pH of the wash water is
                                                                                                     positive and a negative charge can be                   108 Skawinski, C., ‘‘Seawater Scrubbing
                                             monitored and additional caustic
                                                                                                     used to attract both negatively-charged               Advantage,’’ Presentation by Marine Exhaust
                                             solution is added as necessary. If the pH                                                                     Solutions at the Conference for Emission Abatement
                                                                                                     and positively-charged particles. The
                                             becomes too low, the water will not                                                                           Technology on Ships held by the Swedish Maritime
                                                                                                     manufacturer reports an efficiency of
                                             absorb any further sulfur. During typical                                                                     Administration, May 24–26, 2005, Docket ID EPA–
                                                                                                     more than 99 percent for the removal for              HQ–OAR–2007–0121–0021.
                                             operation, a small amount of wash water                                                                         109 An, S., Nishida, O., ‘‘Marine Air Pollution
                                             is bled out of the system and fresh water                  105 Skawinski, C., ‘‘Seawater Scrubbing            Control System Development Applying Seawater
                                             is added to maintain volume. This
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                                                                                                     Advantage,’’ Presentation by Marine Exhaust           and Electrolyte,’’ SAE Paper 2002–01–2295, July
                                             prevents excessive build-up of                          Solutions at the Conference for Emission Abatement    2002, Docket ID EPA–HQ–OAR–2007–0121–0024.
                                             contaminants in the wash water.                         Technology on Ships held by the Swedish Maritime        110 Houng-Soo, K., ‘‘Development of Diesel

                                                Water may be sprayed into the                        Administration, May 24–26, 2005, Docket ID EPA–       Engine Emission Control System on NOX and SOX
                                                                                                     HQ–OAR–2007–0121–0021.                                by Seawater Electrolysis,’’ CIMAC paper number 25
                                             exhaust stream, or the exhaust gasses                      106 ‘‘Krystallon Seawater Scrubber,’’ downloaded   presented at International Council on Combustion
                                             may be routed through a water bath. As                  from http://www.krystallon.com on February 14,        Engines Congress, 2004, Docket ID EPA–HQ–OAR–
                                             the cooled exhaust gas rises out the                    2007, Docket ID EPA–HQ–OAR–2007–0121–0018.            2007–0121–0001.

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                                                                    Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules                                           69543

                                             particle size distribution and particle                 comment on these procedures for                       consistent with the in-use fuel with
                                             density, settling tanks and                             accurately measuring PM emissions                     which engines will operate in service.
                                             hydrodynamic separation may not                         from Category 3 marine engines                        This is especially true for PM
                                             effectively remove all suspended solids.                operating on residual fuel.                           measurements. We request comment on
                                             Other approaches include filtration and                                                                       the appropriate test fuel for emission
                                                                                                     2. Low Power Operation
                                             flocculation techniques. Flocculation,                                                                        testing and if this fuel should be
                                             which is used in many waste water                          We are concerned about emission                    representative on the fuel on which a
                                             treatment plants, refers to adding a                    control performance when the engine is                specific engine is designed to operate.
                                             chemical agent to the water that will                   operated at low power. Category 3                       For any NOX measurements from
                                             cause the fine particles to aggregate so                engines operate at relatively low power               engines operating on residual fuel we
                                             that they may be filtered out. Sludge                   levels when they are operating in port                recognize that there may be emission-
                                             separated from the scrubber water                       areas. Ship pilots generally operate                  related effects due to fuel quality,
                                             would be stored on board until it is                    engines at reduced power for several                  specifically fuel-bound nitrogen. If the
                                             disposed of at proper facilities. We                    miles to approach a port, with even                   standards were based on distillate fuel,
                                             request comment on appropriate waste                    lower power levels very close to shore.               we would consider a NOX correction
                                             discharge limits for scrubber water and                 The ISO E3 and E2 test cycles are used                factor to account for the impact of fuel
                                             how these limits should be defined. We                  for emission testing of propulsion                    quality when testing on residual fuel.
                                             are concerned that if limits are based on               marine engines. These test cycles are                 This correction would be useful because
                                             the concentration of the pollutants in                  heavily weighted towards high power.                  of the high levels of nitrogen contained
                                             the water, then the standards could be                  Therefore, it is very possible that                   in residual fuel. Such a correction factor
                                             met simply by diluting the effluent                     manufacturers could meet the cycle-                   would likely involve measuring fuel-
                                             before it is discharged. Although                       weighted average emission standards                   bound nitrogen and correcting measured
                                             diluting the discharge water may have                   without significantly reducing                        values to what would occur with a
                                             some local benefits near the vessel, it                 emissions at low-power modes. Because                 nitrogen concentration of 0.4 weight
                                             would not change the total pollutant                    low power operation is more prevalent                 percent. This corrected value would be
                                             load on a given body of water. We                       for propulsion engines when they                      used to determine whether the engine
                                             request comment on basing limits for                    operate close to commercial ports, it is              meets emission standards or not. We
                                             waste water pollutants on engine load,                  important that the emission control                   request comment on the need for
                                             similar to exhaust emission standards.                  strategy be effective at low power                    corrections and, if so, how the
                                                                                                     operation to maximize on-shore                        appropriate corrections would be
                                             VII. Certification and Compliance                       emission benefits. This issue would                   developed.
                                                In general, we expect to retain the                  generally not apply to vessels that rely
                                                                                                     on multiple engines providing electric-               B. On-Off Technologies
                                             certification and compliance provisions
                                             finalized with the Tier 1 standards.                    drive propulsion, because these engines                  One of the features of the emission
                                             These include testing, durability,                      can be shut down as needed to maintain                control technologies that could be used
                                             labeling, maintenance, prohibited acts,                 the desired engine loading and therefore              to achieve significant NOX and PM
                                             etc. However, we believe additional                     may not operate at low power settings.                reductions from C3 engines is that they
                                             testing and compliance provisions will                  We request comment on the need for                    are not integral to the engine and the
                                             be necessary for new standards                          addressing emissions at low power                     engine can be operated without them.
                                             requiring more advanced technology                      operation and whether and how the test                Aftertreatment systems such as SCR or
                                             and more challenging calibrations.                      procedure should be changed to                        emission scrubbing, or the use of lower
                                             These changes, as well as other                         accommodate this operation. See                       sulfur fuel, require a positive action on
                                             modifications to our certification and                  section VI.B for additional discussion of             the part of the ship owner to make sure
                                             compliance provisions, are discussed                    low power NOX emissions for engines                   the emission control system is in
                                             below.                                                  equipped with exhaust aftertreatment.                 operation or that the appropriate fuel is
                                                                                                                                                           used. These types of technologies are
                                             A. Testing                                              3. Test Fuel
                                                                                                                                                           often called ‘‘on-off’’ technologies.
                                                                                                        Appropriate test procedures need to                   The increased operating costs of such
                                             1. PM Sampling
                                                                                                     represent in-use operating conditions as              controls associated with urea or other
                                                In the past, there has been some                     much as possible, including                           catalysts or with distillate usage suggest
                                             concern regarding the use of older PM                   specification of test fuels consistent                that it may be reasonable to allow these
                                             measurement procedures with high                        with the fuels that compliant engines                 systems to be turned off while a ship is
                                             sulfur residual fuels. The primary issue                will use over their lifetimes. For the Tier           operated on the open ocean, far away
                                             of concern was variability of the PM                    1 standards, we allow engine testing                  from sensitive areas that are affected by
                                             measurement, which was strongly                         using distillate fuel, even though vessels            ship emissions. In other words, EPA
                                             influenced by the amount of water                       with Category 3 marine engines                        could elect to set geographically-based
                                             bound to sulfur. However, we believe                    primarily use the significantly less                  NOX and PM standards, with one limit
                                             improvements in PM measurement                          expensive residual fuel. This provision               that would apply when ships are
                                             procedures, such as those specified in                  is consistent with the specifications of              operated within a specified distance
                                             40 CFR 1065, have addressed these                       the NOX Technical Code. Also, most                    from U.S. coasts, and another that
                                             issues of measurement variability. The                  manufacturers have test facilities                    would apply when ships are operated
                                             U.S. government recently submitted                      designed to test engines using distillate             outside those limits.
                                             proposed procedures for PM                              fuel. Distillate fuel is easier to test with             If EPA were to adopt such an
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                                             measurement to IMO.111 We request                       because it does not need to be heated to              approach, we would need to determine
                                                                                                     remain a liquid and manufacturers have                the areas in which ships would have to
                                               111 Measurement Method for Particulate Matter
                                                                                                     indicated that it is difficult to obtain              comply with the standards. We are
                                             Emitted from Marine Engines, submitted by the
                                             United States. BLG–WGAP 2, October 2007.
                                                                                                     local permits for testing with residual               currently exploring this issue through
                                             Intersessional Meeting of the BLG Working Group         fuel. However, we believe it is                       the air quality modeling for our
                                             on Air Pollution, 2nd Session.                          important to specify a test fuel that is              proposed standards. There are other

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                                             69544                  Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules

                                             issues associated with such an                          certification procedures for in-use                   68 FR 9759, February 28, 2003). This
                                             approach, including: The technological                  engines:                                              section summarizes the discussion from
                                             feasibility of by-pass systems and their                   • Basing certification for any engine              that 2003 Final Rule. We will continue
                                             impacts on the emission control systems                 on a pre-existing certificate if the engine           to evaluate this issue as we develop the
                                             when they are not in use; the level of                  is modified to be the same as a later                 proposal for this rule.
                                             the standard that would apply when the                  engine that is already certified to the                  Section 213 of the Clean Air Act (42
                                             system is turned off; and how                           Tier 1 NOX standard.                                  U.S.C. 7547), authorizes regulation of
                                             compliance would be demonstrated.                          • Testing in-use engines using                     ‘‘new nonroad engine’’ and ‘‘new
                                             There may also be additional                            portable emission measurement                         nonroad vehicle.’’ However, Title II of
                                             certification requirements for ships                    equipment, with appropriate                           the Clean Air Act does not define either
                                             equipped with such systems.                             consideration for any necessary                       ‘‘new nonroad engine’’ or ‘‘new nonroad
                                                We request comment on all aspects of                 deviations in the engine test cycle.                  vehicle.’’ Section 216 defines a ‘‘new
                                             this alternative, especially with regard                   • Broadening the engine family                     motor vehicle engine’’ to include an
                                             to how such systems could be designed                   concept for in-use engines to reduce the              engine that has been ‘‘imported.’’ EPA
                                             to ensure no loss of emission                           amount of testing necessary to certify a              modeled the current regulatory
                                             reductions.                                             range of engines. This would require the              definitions of ‘‘new nonroad engine’’
                                                                                                     same or similar hardware and                          and ‘‘new marine engine’’ at 40 CFR
                                             C. Parameter Adjustment                                 calibration requirements to ensure that               89.2 and 40 CFR 94.2, respectively, after
                                                Given the broad range of ignition                    a single test engine can properly                     the statutory definitions of ‘‘new motor
                                             properties for in-use residual fuels, we                represent all the engines in the broader              vehicle engine’’ and ‘‘new motor
                                             expect that our in-use adjustment                       engine family.                                        vehicle.’’ This was a reasonable exercise
                                             allowance for Category 3 engines would                     • Developing alternatives to the NOX               of the discretion provided to EPA by the
                                             result in a broad range of adjustment.                  Technical File 112 to simplify the                    Clean Air Act to interpret ‘‘new nonroad
                                             We are therefore considering a                          certification burdens for existing vessels            engine’’ or ‘‘new nonroad vehicle.’’ See
                                             requirement for operators to perform a                  while ensuring that the modified                      Engine Manufacturers Assoc. v. EPA, 88
                                             simple field measurement test to                        engines and emission components may                   F.3d 1075, 1087 (DC Cir. 1996).
                                                                                                     be appropriately surveyed and                            The 1999 marine diesel engine rule
                                             confirm emissions after parameter
                                                                                                     inspected.                                            did not apply to marine engines on
                                             adjustments or maintenance operations,
                                                                                                        We request comment on the best                     foreign vessels. 40 CFR 94.1(b)(3). At
                                             using onboard emission measurement
                                                                                                     approach for ensuring compliance from                 that time, we concluded that engines
                                             systems with electronic-logging
                                                                                                     existing engines. We also request                     installed on vessels flagged or registered
                                             equipment. We expect this issue will be
                                                                                                     comment on the simplified certification               in another country, that come into the
                                             equally important for more advanced                                                                           United States temporarily, will not be
                                             engines that rely on water injection or                 procedures listed above.
                                                                                                                                                           subject to the emission standards. At
                                             aftertreatment for emission reductions.                 E. Other Compliance Issues                            that time, we believed that they were
                                             Onboard verification systems could add                                                                        not considered imported under the U.S.
                                                                                                       We intend to apply the same
                                             significant assurance that engines have                                                                       customs law. As a result, we did not
                                                                                                     exemptions to any new tier of Category
                                             properly operating emission controls.                                                                         apply the standards adopted in that rule
                                                                                                     3 marine diesel engine standards as
                                                We envision a simpler measurement                    currently apply under our Tier 1                      to those vessels (64 FR 73300, Dec. 29,
                                             system than the type specified in                       program. These exemptions, including                  1999).
                                             Chapter 6 of the NOX Technical Code.                    the national security exemption, are set                 The May 29, 2002 proposed rule for
                                             As we described in the 2003 final rule,                 out in 40 CFR part 94, subpart J. We will             Category 3 marine diesel engines
                                             we believe that onboard emission                        also consider whether to include                      solicited comment on whether to
                                             equipment that is relatively inexpensive                engines on foreign vessels in the                     exercise our discretion and modify the
                                             and easy to use could verify that an                    program and whether we should also                    definition of a ‘‘new marine engine’’ to
                                             engine is properly adjusted and is                      adopt standards for non-diesel engines                find that engine emission standards
                                             operating within the engine                             such as gas turbine engines.                          apply to foreign vessels that enter U.S.
                                             manufacturer’s specifications. Note that                                                                      ports. However, in the February 28,
                                             Annex VI includes specifications                        1. Engines on Foreign-Flagged Vessels                 2003 final rule we determined that we
                                             allowing operators to choose to verify                     Our current federal marine diesel                  did not need to determine whether we
                                             emissions through onboard testing,                      engine standards do not apply to                      have the discretion to interpret ‘‘new’’
                                             which suggests that Annex VI also                       Category 1, 2, and 3 marine diesel                    nonroad engine or vessel in such a
                                             envisioned that onboard measurement                     engines installed on foreign-flagged                  manner.
                                             systems could be of value to operators.                 vessels. In our 2003 Final Rule we                       Foreign vessels were expected to
                                             We request comment on requiring                         acknowledged the contribution of                      comply with the MARPOL standards
                                             onboard verification systems on ships                   engines on foreign-flagged vessels to                 whether or not they were also subject to
                                             with Category 3 marine engines and on                   U.S. air pollution but did not apply                  the equivalent Clean Air Act standards
                                             a description of such a system.                         federal standards to foreign vessels (see             being adopted in that final rule.
                                                                                                                                                           Consequently, we concluded that no
                                             D. Certification of Existing Engines
                                                                                                       112 The NO Technical File, required pursuant to
                                                                                                                                                           significant emission reductions would
                                                While we normally require                            Section 2.4 of the Technical Code on Control of       be achieved by treating foreign vessels
                                             certification only for newly built                      Emissions of Nitrogen Oxides from Marine Diesel       as ‘‘new’’ for purposes of the Tier 1
                                                                                                     Engines, is a record containing details of engine
                                             engines, we are considering emission                                                                          standards and there would be no
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                                                                                                     parameters, including components and settings,
                                             standards that would apply to                           which may influence the NOX emissions of the          significant loss in emission reductions
                                             remanufactured engines in the existing                  engine. The NOX Technical File also contains a        by not including them. Therefore, we
                                             fleet. This leads to questions about how                description of onboard NOX verification procedures    did not include foreign engines and
                                                                                                     required for engine surveys. The NOX Technical
                                             one would certify the modified engines.                 File is developed by the engine manufacturer and
                                                                                                                                                           vessels in our 2003 rulemaking and we
                                             We are considering adoption of one or                   must be approved by the authority issuing the         did not revise the definition of ‘‘new
                                             more of the following simplified                        engine certificate.                                   marine engine’’ at that time.

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                                                                                 Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules                                                                  69545

                                               In this rule we will evaluate under                                        engine that provides a means to comply                     significant distances.115 Second, it will
                                             what circumstances we may and should                                         with the low-sulfur fuel requirement.                      be important to analyze the air quality
                                             define new nonroad engine and vessel                                         Natural gas engines are especially                         impacts of these emissions at various
                                             to include foreign engines and vessels.                                      attractive to vessels that carry a cargo of                distances to determine how offshore
                                             As part of that evaluation, we will also                                     liquefied petroleum gas due to the                         emissions affect air quality both along
                                             assess the progress made by the                                              readily available fuel supply. Natural                     the coasts and inland. We will use the
                                             international community toward the                                           gas powered engines are similar to                         CMAQ model, modified to
                                             adoption of new more stringent                                               Category 3 marine engines operating on                     accommodate at-sea emissions, to track
                                             international consensus standards that                                       traditional diesel fuels, and we would                     the impacts of underway emissions and
                                             reflect advanced emission-control                                            consider including these engines in this                   estimate the air quality benefits of the
                                             technologies.                                                                rulemaking.                                                proposal.
                                             2. Non-Diesel Engines                                                           We request comment on fuels and                           This section contains our updated
                                                                                                                          engine types that we should consider in                    inventory estimates for Category 3
                                                Gas turbine engines are internal                                          the scope of this rulemaking. We also                      marine engines in the 200 nautical mile
                                             combustion engines that can operate                                          request comments on test procedure or                      domain and a brief discussion of our
                                             using diesel fuel, residual fuel, or                                         other compliance issues that would                         inventory estimation methodology.
                                             natural gas, but do not operate on a                                         need to be considered for these fuels
                                             compression-ignition or other                                                and engines.                                               1. Estimated Inventory Contribution
                                             reciprocating engine cycle. Power is
                                             extracted from the combustion gas using                                      VIII. Potential Regulatory Impacts                            Category 3 marine engines contribute
                                             a rotating turbine rather than                                                                                                          to the formation of ground level ozone
                                                                                                                          A. Emission Inventory                                      and concentrations of fine particles in
                                             reciprocating pistons. While gas turbine
                                             engines are used primarily in naval                                             The inventory contribution of                           the ambient atmosphere. Based on our
                                             ships, a small number are being used in                                      Category 3 engines consists of two parts:                  current emission inventory analysis of
                                             commercial ships. In addition, we have                                       emissions that occur in port areas and                     U.S. and foreign-flag vessels, we
                                             received indication that their use is                                        emissions that occur at various                            estimate that these engines contributed
                                             growing in some applications such as                                         distances from the coast while vessels                     nearly 6 percent of mobile source NOX,
                                             cruise ships and liquid natural gas                                          are underway. Although the issue of                        over 10 percent of mobile source PM2.5,
                                             carriers. As we develop the proposal for                                     emissions transport is common to all of                    and about 40 percent of mobile source
                                             this rule we will consider whether it is                                     our air pollution control programs, these                  SO2 in 2001. We estimate that their
                                             appropriate to regulate emissions from                                       underway emissions suggest that                            contribution will increase to about 34
                                             gas turbine engines and, if so, whether                                      Category 3 emissions are different from                    percent of mobile source NOX, 45
                                             special provisions would be needed for                                       emissions from other mobile sources                        percent of mobile source PM2.5, and 94
                                             testing and certifying turbine engines.                                      and result in at least two implications                    percent of mobile source SO2 by 2030
                                             For example, since turbine engines have                                      for the analysis we will perform for our                   without further controls on these
                                             no cylinders, we may need to address                                         proposal. First, the definition of the                     engines. Our current estimates for NOX,
                                             how to apply any regulatory provisions                                       inventory modeling domain becomes                          PM2.5, SO2 inventories are set out in
                                             that depend on a specified value for per-                                    important. In the inventory analysis                       Tables VIII–1 through VIII–3. The
                                             cylinder displacement. We would                                              described below we use a distance of                       inventory projections for 2020 and 2030
                                             welcome any emissions information that                                       200 nautical miles from shore (see                         include the impact of existing emission
                                             is available for turbine engines.                                            Figure VIII–1 below and associated                         mobile source and stationary source
                                                Marine engines have been developed                                        text). This distance is reasonable based                   control programs previously adopted by
                                             that can operate either on natural gas or                                    on both particle dynamics114 and results                   EPA (excluding the recently adopted
                                             a dual-fuel.113 In a dual-fuel                                               from air quality modeling for other                        MSAT regulations, signed on February
                                             application, a mixture of marine diesel                                      programs which has shown that PM and                       9, 2007 which will have an impact on
                                             oil and natural gas is used for the main                                     NOX emissions can be transported                           future highway non-diesel PM2.5 levels).
                                                                                                                                2001 a                                   2020                                       2030

                                                                       Category                                                  Percent                                  Percent                                    Percent
                                                                                                                                             Percent                                    Percent                                   Percent
                                                                                                                  Short tons    of mobile                  Short tons    of mobile                    Short tons    of mobile
                                                                                                                                             of total                                   of total                                  of total
                                                                                                                                 source                                   source                                     source

                                             Commercial Marine (C3) b ...........................                     745,224         5.7         3.3        1,368,420          22.8        11.3        2,023,974          33.7       16.7
                                             Locomotive ..................................................          1,118,786         8.6         5.0          860,474          14.3         7.1          854,226          14.1        7.0
                                             Recreational Marine Diesel .........................                      40,437         0.3         0.2           45,477           0.8         0.4           48,102           0.8        0.4
                                             Commercial Marine (C1 & C2) ...................                          834,025         6.4         3.7          676,154          11.3         5.6          680,025          11.3        5.6
                                             Land-Based Nonroad Diesel .......................                      1,548,236        11.9         6.9          678,377          11.3         5.6          434,466           7.2        3.6
                                             Small Nonroad SI ........................................                114,319         0.9         0.5          114,881           1.9         0.9          133,197           2.2        1.1
                                             Recreational Marine SI ...............................                    44,732         0.3         0.2           86,908           1.4         0.7           96,143           1.6        0.8
                                             SI Recreational Vehicles .............................                     5,488         0.0         0.0           17,496           0.3         0.1           20,136           0.3        0.2
                                             Large Nonroad SI (25hp) ............................                     321,098         2.5         1.4           46,319           0.8         0.4           46,253           0.8        0.4
                                             Aircraft .........................................................        83,764         0.6         0.4          105,133           1.7         0.9          118,740           2.0        1.0
                                             Total Off Highway .......................................              4,856,109        37.5        21.8        3,999,640          66.6        33.0        4,455,262          74.2       36.8
                                             Highway Diesel ...........................................             3,750,886        28.9        16.8          646,961          10.8         5.3          260,915           4.3        2.2
                                             Highway non-diesel .....................................               4,354,430        33.6        19.5        1,361,276          22.7        11.2        1,289,780          21.5       10.6
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                                             Total Highway .............................................            8,105,316        62.5        36.3        2,008,237          33.4        16.6        1,550,695          25.8       12.8

                                               113 Nylund, I., ‘‘Status and Potentials of the Gas                           114 U.S. EPA. Air Quality Criteria for Particulate         115 U.S. EPA Technical Support Document for the

                                             Engines,’’ Wartsila, CIMAC paper number 163,                                 Matter (October 2004). U.S. Environmental                  Final Clean Air Interstate Rule Air Quality
                                             presented at International Council on Combustion                             Protection Agency, Washington, DC, EPA 600/P–99/           Modeling (March 2005) U.S. Environmental
                                             Engines Congress, 2004, Docket ID EPA–HQ–OAR–                                002aF-bF, 2004.                                            Protection Agency, Washington, DC.

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                                             69546                               Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules



                                                                                                                                2001 a                                          2020                                           2030

                                                                       Category                                                  Percent            Percent                      Percent           Percent                      Percent           Percent
                                                                                                                  Short tons    of mobile                         Short tons    of mobile                        Short tons    of mobile
                                                                                                                                                    of total                                       of total                                       of total
                                                                                                                                 source                                          source                                         source

                                             Total Mobile Sources ..................................               12,961,425             100           58.1        6,007,877             100          49.6        6,005,957             100          49.6
                                             Stationary Point & Area Sources ................                       9,355,659   ................        41.9        6,111,866   ................       50.4        6,111,866   ................       50.4

                                                   Total Man-Made Sources ....................                     22,317,084   ................         100       12,119,743   ................        100      12,117,823    ................        100
                                                a The  locomotive, commercial marine (C1 & C2), and recreational marine diesel estimates are for calendar year 2002. 

                                                b This category includes emissions from Category 3 (C3) propulsion engines and C2/3 auxiliary engines used on ocean-going vessels. 

                                                                                                                                2001 a                                          2020                                           2030

                                                                       Category                                                  Percent                                         Percent                                        Percent
                                                                                                                                                    Percent                                        Percent                                        Percent
                                                                                                                  Short tons    of mobile                         Short tons    of mobile                        Short tons    of mobile
                                                                                                                                                    of total                                       of total                                       of total
                                                                                                                                 source                                          source                                         source

                                             Commercial Marine (C3) b ...........................                      54,667            10.9            2.2          110,993            33.6           5.2          166,161            45.4           7.6
                                             Locomotive ..................................................             29,660              5.9           1.2           26,301              8.0          1.2           25,109              6.8          1.1
                                             Recreational Marine Diesel .........................                       1,096              0.2           0.0            1,006              0.3          0.0            1,140              0.3          0.1
                                             Commercial Marine (C1 & C2) ...................                           28,730              5.7           1.2           22,236              6.7          1.0           23,760              6.5          1.1
                                             Land-Based Nonroad Diesel .......................                        164,180            32.8            6.7           46,075            13.9           2.1           17,934              4.9          0.8
                                             Small Nonroad SI ........................................                 25,466              5.1           1.0           32,904            10.0           1.5           37,878            10.3           1.7
                                             Recreational Marine SI ...............................                    16,837              3.4           0.7            6,367              1.9          0.3            6,163              1.7          0.3
                                             SI Recreational Vehicles .............................                    12,301              2.5           0.5           11,773              3.6          0.5            9,953              2.7          0.5
                                             Large Nonroad SI (>25hp) ..........................                        1,610              0.3           0.1            2,421              0.7          0.1            2,844              0.8          0.1
                                             Aircraft .........................................................         5,664              1.1           0.2            7,044              2.1          0.3            8,569              2.3          0.4
                                             Total Off Highway .......................................                340,211            68.0           13.8          267,120            80.9          12.4          299,511            81.8          13.7
                                             Highway Diesel ...........................................               109,952            22.0            4.5           15,800              4.8          0.7           10,072              2.7          0.5
                                             Highway non-diesel .....................................                  50,277            10.0            2.0           47,354            14.3           2.2           56,734            15.5           2.6
                                             Total Highway .............................................              160,229            32.0            6.5           63,154            19.1           2.9           66,806            18.2           3.1
                                             Total Mobile Sources ..................................                  500,440             100           20.3          330,274             100          15.4          366,317             100          16.8
                                             Stationary Point & Area Sources ................                       1,963,264   ................        79.7        1,817,722   ................       84.6        1,817,722   ................       83.2

                                                   Total Man-Made Sources ....................                      2,463,704   ................         100        2,147,996   ................        100        2,184,039   ................        100
                                                a The  locomotive, commercial marine (C1 & C2), and recreational marine diesel estimates are for calendar year 2002. 

                                                b This category includes emissions from Category 3 (C3) propulsion engines and C2/3 auxiliary engines used on ocean-going vessels. 

                                                                                                                                2001 a                                          2020                                           2030

                                                                       Category                                                  Percent                                         Percent                                        Percent
                                                                                                                                                    Percent                                        Percent                                        Percent
                                                                                                                  Short tons    of mobile                         Short tons    of mobile                        Short tons    of mobile
                                                                                                                                                    of total                                       of total                                       of total
                                                                                                                                 source                                          source                                         source

                                             Commercial Marine (C3) b ...........................                     457,948            42.4            2.8          932,820            93.2          10.1        1,398,598            94.5          14.4
                                             Locomotive ..................................................             76,727              7.1           0.5              400              0.0          0.0              468              0.0          0.0
                                             Recreational Marine Diesel .........................                       5,145              0.5           0.0              162              0.0          0.0              192              0.0          0.0
                                             Commercial Marine (C1 & C2) ...................                           80,353              7.4           0.5            3,104              0.3          0.0            3,586              0.3          0.0
                                             Land-Based Nonroad Diesel .......................                        167,615            15.5            1.0              999              0.1          0.0            1,078              0.1          0.0
                                             Small Nonroad SI ........................................                  6,710              0.6           0.0            8,797              0.9          0.1           10,196              0.7          0.1
                                             Recreational Marine SI ...............................                     2,739              0.3           0.0            2,963              0.3          0.0            3,142              0.2          0.0
                                             SI Recreational Vehicles .............................                     1,241              0.1           0.0            2,643              0.3          0.0            2,784              0.2          0.0
                                             Large Nonroad SI (25hp) ............................                         925              0.1           0.0              905              0.1          0.0            1,020              0.1          0.0
                                             Aircraft .........................................................         7,890              0.7           0.0            9,907              1.0          0.1           11,137              0.8          0.1
                                             Total Off Highway .......................................                807,293            74.7            5.0          962,700            96.1          10.4        1,432,202            96.8          14.8
                                             Highway Diesel ...........................................               103,632              9.6           0.6            3,443              0.3          0.0            4,453              0.3          0.0
                                             Highway non-diesel .....................................                 169,125            15.7            1.0           35,195              3.5          0.4           42,709              2.9          0.4
                                             Total Highway .............................................              272,757            25.3            1.7           38,638              3.9          0.4           47,162              3.2          0.5
                                             Total Mobile Sources ..................................                1,080,050             100            6.7        1,001,338             100          10.9        1,479,364             100          15.3
                                             Stationary Point & Area Sources ................                      15,057,420   ................        93.3        8,215,016   ................       89.1        8,215,016   ................       84.7

                                                   Total Man-Made Sources ....................                     16,137,470   ................         100        9,216,354   ................        100        9,694,380   ................        100
                                                a The  locomotive, commercial marine (C1 & C2), and recreational marine diesel estimates are for calendar year 2002. 

                                                b This category includes emissions from Category 3 (C3) propulsion engines and C2/3 auxiliary engines used on ocean-going vessels. 

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                                                                             Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules                                                                                   69547

                                               The United States is actively engaged                                    vessels, powered by Category 3 marine                                       were selected to present a sampling over
                                             in international trade and is frequently                                   engines, contribute significantly to the                                    a wide geographic area along the U.S.
                                             visited by ocean-going marine vessels.                                     emissions inventory for many U.S.                                           coasts. In 2005, these twenty ports
                                             As shown in Figure II–1, the ports                                         ports. This is illustrated in Table VIII–                                   received approximately 60 percent of
                                             which accommodate these vessels are                                        4 which presents the mobile source                                          the vessel calls to the U.S. from ships of
                                             located along the entire coastline of the                                  inventory contributions of these vessels                                    10,000 DWT or greater.116
                                             United States. Commercial marine                                           for several ports. The ports in this table

                                                                                           PORTS IN 2002
                                                                                                                                                                                                             NOX              PM2.5            SOX
                                                                                                                   Port area                                                                                percent          percent          percent

                                             Valdez, AK ...............................................................................................................................................                4               10               43
                                             Seattle, WA ..............................................................................................................................................               10               20               56
                                             Tacoma, WA ............................................................................................................................................                  20               38               74
                                             San Francisco, CA ...................................................................................................................................                     1                1               31
                                             Oakland, CA ............................................................................................................................................                  8               14               80
                                             LA/Long Beach, CA .................................................................................................................................                       5               10               71
                                             Beaumont, TX ..........................................................................................................................................                   6               20               55
                                             Galveston, TX ..........................................................................................................................................                  5               12               47
                                             Houston, TX .............................................................................................................................................                 3               10               41
                                             New Orleans, LA .....................................................................................................................................                    14               24               59
                                             South Louisiana, LA ................................................................................................................................                     12               24               58
                                             Miami, FL .................................................................................................................................................              13               25               66
                                             Port Everglades, FL .................................................................................................................................                     9               20               56
                                             Jacksonville, FL .......................................................................................................................................                  5               11               52
                                             Savannah, GA .........................................................................................................................................                   24               39               80
                                             Charleston, SC ........................................................................................................................................                  22               33               87
                                             Wilmington, NC ........................................................................................................................................                   7               16               73
                                             Baltimore, MD ..........................................................................................................................................                 12               27               69
                                             New York/New Jersey .............................................................................................................................                         4                9               39
                                             Boston, MA ..............................................................................................................................................                 4                5               30
                                                a This   category includes emissions from Category 3 (C3) propulsion engines and C2/3 auxiliary engines used on ocean-going vessels.

                                             2. Inventory Calculation Methodology                                       and the Bahamas where the EEZ extends                                          To calculate the mobile fractions in
                                                The exhaust emission inventories                                        less than 200 nautical miles from the                                       Table VIII–4, we compared commercial
                                             presented above for commercial marine                                      U.S. coast.                                                                 marine port inventory estimates
                                             vessels, with Category 3 marine engines,                                     The port inventories are based on                                         described above to county-level mobile
                                             include emissions from vessels in-port                                     detailed emission estimates for eleven                                      source emission estimates developed in
                                             and from vessels engaged in interport                                                                                                                  support of the recent rulemaking for
                                                                                                                        specific ports. The port inventories were
                                             transit. This section gives a general                                                                                                                  national PM ambient air quality
                                                                                                                        estimated using activity data for that
                                             overview of the methodology used to                                                                                                                    standards.119 Both propulsion engines
                                                                                                                        port (number of port calls, vessel types                                    and auxiliary engines are included in
                                             estimate the emission contribution of                                      and typical times in different operating
                                             these vessels. A more detailed                                                                                                                         these estimates. The county-level
                                                                                                                        modes) and an emission factor for each                                      inventories were adjusted to include the
                                             description of this inventory analysis is                                  mode. Emission estimates for all other
                                             available in the public docket.117                                                                                                                     updated emissions estimates for
                                                                                                                        commercial ports were developed by                                          commercial marine vessels.
                                                For the purposes of this analysis, in-
                                             port operation includes cruising,                                          matching each of the other commercial                                          Recently, the California Air Resources
                                             reduced speed zone, maneuvering, and                                       ports to one of the eleven specific ports.                                  Board (ARB) sponsored the
                                             hotelling. The in-port analysis includes                                   Matching was based on characteristics                                       development of new national inventory
                                             operation out to a 25 nautical mile                                        of port activity, such as predominant                                       estimates for Category 3 marine
                                             radius from the entrance to the port.                                      vessel types, harbor craft and region of                                    engines.120 The new approach captures
                                             Interport operation includes ship traffic,                                 the country. The detailed port emissions                                    actual interport activity, by using
                                             within the U.S. Exclusive Economic                                         were then scaled for the other                                              information on ship movements, ship
                                             Zone (EEZ), not included as part of the                                    commercial ports based on relative port                                     attributes, and the distances of routes.
                                             port emissions analysis. In general, the                                   activity.118 An exception to this is that                                   We believe that this methodology is an
                                             EEZ extends to 200 nautical miles from                                     detailed port inventories for fourteen                                      improvement over past evaluations of
                                             the U.S. coast. Exceptions include                                         California ports were provided by the                                       interport shipping emissions which
                                             geographic regions near Canada, Mexico                                     California Air Resources Board (ARB).                                       were based on estimates of ton-miles of
                                               116 ‘‘Vessel Calls at U.S. & World Ports; 2005,’’                        Development; Baseline Inventories,’’ prepared by                              120 Corbett, J., PhD, Wang, C., PhD, Firestone, J.,
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                                             U.S. Maritime Administration, Office of Statistical                        ICF International and Environ for the U.S.                                  PhD., ‘‘Estimation, Validation, and Forecasts of
                                             and Economic Analysis, April 2006, Docket ID                               Environmental Protection Agency, September 2006,                            Regional Commercial Marine Vessel Inventories,
                                             EPA–HQ–OAR–2007–0121–0040.                                                 Docket ID EPA–HQ–OAR–2007–0121–0037.                                        Tasks 1 and 2: Baseline Inventory and Ports
                                               117 ‘‘Development of Inventories for Commercial
                                                                                                                          119 Regulatory Impact Analysis for the Review of                          Comparison; Final Report,’’ University of Delaware,
                                             Marine Vessels with Category 3 Engines,’’ U.S. EPA,
                                                                                                                        the Particulate Matter National Ambient Air Quality                         May 3, 2006, Available electronically at http://
                                             October 2007.
                                               118 Browning, L., Hartley, S., Lindhjem, C., Hoats,                      Standards, EPA Docket: EPA–HQ–OAR–2006–                                     www.arb.ca.gov/research/seca/jctask12.pdf, Docket
                                             A., ‘‘Commercial Marine Port Inventory                                     0834–0048.3.                                                                ID EPA–HQ–OAR–2007–0121–0038.

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                                             69548                  Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules

                                             cargo moved. The new methodology                        regions of the world.123 In contrast, the              emissions from vessels in port. In
                                             captures ship traffic more completely                   ARB-sponsored study looks at a range of                contrast, auxiliary engines only
                                             which results in much higher estimates                  growth rates based on extrapolations of                represent about 4 percent of the exhaust
                                             of total emissions from commercial                      historical growth in installed power.124               emissions from ships engaged in
                                             marine vessels engaged in interport                     The approach used by EPA is more                       interport traffic.
                                             traffic within the U.S. EEZ.                            conservative in that it uses lower growth                 The exhaust emission inventory for
                                                Our emission inventory estimates for                 rate projections.                                      commercial marine vessels with
                                             interport traffic are based on the ARB-                   The inventory estimates include                      Category 3 marine engines includes
                                             sponsored study with four primary                       emissions from both U.S. flagged vessels               operation that extends out to 200
                                             modifications.121 122 First, we use only                and foreign flagged vessels. The                       nautical miles from shore. Considering
                                             the interport traffic estimates from the                majority of the ship operation near the                all emissions from ships operating in
                                             study and rely on our own, more                         U.S. coast is from ships that are not                  the U.S. EEZ, emissions in ports
                                             detailed, analysis of in-port emissions.                registered in the United States.                       contribute to less than 20 percent of the
                                             Second, we modified the geographic                      According to the U.S. Maritime                         total inventory. However, we recognize
                                             boundaries of the inventory to align                    Administration, in 2005, approximately                 that emissions closer to shore are more
                                             with the U.S. EEZ. Third, we use                        87 percent of the calls by ocean-going                 likely to impact human health and
                                             adjusted emission factors for PM                        vessels (10,000 dead weight tons or                    welfare because of their proximity to
                                             emissions to better reflect the sum of                  greater) at U.S. ports were made by                    human populations. We have initiated
                                             available PM emissions data from                        foreign vessels.125                                    efforts to perform air quality modeling
                                             engines on marine vessels.                                This inventory analysis includes                     to quantify these impacts. The air
                                                The detailed inventory studies                       emissions from Category 3 propulsion                   quality modeling will consider transport
                                             described above were performed for                      engines and the Category 2 and 3                       of emissions over the ocean,
                                             2002. To calculate emission inventories                 auxiliary engines used on these vessels.               meteorological data, population
                                             for future years, we applied separate                   Based on our emissions inventory                       densities, emissions from other sources,
                                             growth rates for the West Coast, Gulf                   analysis, auxiliary engines contribute                 and other relevant information. We
                                             Coast, East Coast, and Great Lakes.                     approximately half of the exhaust                      request comment on the methodology
                                             These emission inventory growth                                                                                used to develop exhaust inventory
                                             estimates were determined based on                        123 ‘‘RTI Estimates of Growth in Bunker Fuel
                                                                                                                                                            estimates for ships with Category 3
                                             economic growth projections of trade                    Consumption,’’ memorandum from Michael                 engines operating near the U.S. coast.
                                                                                                     Gallaher and Martin Ross, RTI International, to
                                             between the United States and other                     Barry Garelick and Russ Smith, U.S. EPA, April 24,        As discussed above, the national
                                                                                                     2006, Docket ID EPA–HQ–OAR–2007–0121–0039.             inventories presented here are for the
                                                121 ‘‘Recalculation of Baseline and 2005               124 Corbett, J., PhD, Wang, C., PhD, ‘‘Estimation,   Exclusive Economic Zone around the 50
                                             Emissions and Fuel Consumption,’’ memorandum            Validation, and Forecasts of Regional Commercial       states. Note that the ship traffic in the
                                             from Lou Browning, ICF and Chris Lindhjem and           Marine Vessel Inventories, Tasks 3 and 4: Forecast
                                             Lyndsey Parker, Environ, to Penny Carey, Mike           Inventories for 2010 and 2020; Final Report,’’
                                                                                                                                                            EEZ includes not only direct
                                             Samulski, and Russ Smith, U.S. EPA, July 19, 2007.      University of Delaware, May 3, 2006, Docket ID         movements to and from U.S. ports but
                                                122‘‘U.S. and Regional Totals of Marine Vessel       EPA–HQ–OAR–2007–0121–0012.                             also movements up and down the coast.
                                             Emissions and Fuel Consumption under WA 0–2               125 ‘‘Vessel Calls at U.S. & World Ports; 2005,’’
                                                                                                                                                            The boundaries for the EEZ are
                                             Tasks 6 and 7,’’ draft memorandum from Abby             U.S. Maritime Administration, Office of Statistical    presented in Figure VIII–1.
                                             Hoats and Chris Lindhjem, Environ, to Lou               and Economic Analysis, April 2006, Docket ID
                                             Browning, ICF International, April 23, 2007.            EPA–HQ–OAR–2007–0121–0040.                             BILLING CODE 6560–50–P
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                                             BILLING CODE 6560–50–C                                  regions contribute to roughly one-fifth               Therefore, eastern Alaska, which
                                               Table VIII–5 presents the 2002                        of the national emissions inventory. The              includes most of the state population, is
                                             national exhaust emission inventory for                 inventory for the Alaska EEZ includes                 presented separately in the table below.
                                             commercial marine vessels, with
                                                                                                     emissions from ships on a great circle                The Hawaii EEZ includes major
                                             Category 3 marine engines, subdivided
                                                                                                     route, along the Aleutian Islands,                    shipping lanes across the Pacific that
                                             into the seven regions shown in the
                                                                                                     between Asia and the U.S. West Coast.                 pass near the Hawaiian isles.
                                             above figure. The Alaska and Hawaii
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                                             69550                           Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules

                                                                           TABLE VIII–5.—2002 REGIONAL U.S. EMISSIONS FROM COMMERCIAL MARINE VESSELS a

                                                                                                                                                                                              NOX                     PM2.5           SOX
                                                                                                            Region                                                                         [short tons]            [short tons]    [short tons]

                                             South Pacific ..........................................................................................................................            116,057                   8,283          62,944
                                             North Pacific ..........................................................................................................................             28,941                   2,205          16,469
                                             East Coast .............................................................................................................................            243,261                  17,901         153,597
                                             Gulf Coast ..............................................................................................................................           192,130                  14,374         110,382
                                             Alaska (east) ..........................................................................................................................             20,078                   1,458          11,037
                                             Alaska (west) .........................................................................................................................              66,768                   4,799          35,998
                                             Hawaii ....................................................................................................................................          60,501                   4,372          32,970
                                             Great Lakes (U.S. only) .........................................................................................................                    16,708                   1,207           9,098
                                             Great Lakes (Canada only) ...................................................................................................                         5,621                     405           3,043

                                                   Total (using U.S. only Great Lakes) ...............................................................................                           744,444                  54,599         432,496
                                                a This    category includes emissions from Category 3 (C3) propulsion engines and C2/3 auxiliary engines used on ocean-going vessels.

                                             B. Potential Costs                                                          the use of scrubbers is another method                                organizations, and governmental
                                               The emission-control technologies we                                      that ships may use to comply, in lieu of                              jurisdictions subject to their regulations.
                                             are considering for Category 3 marine                                       using low sulfur fuel. The resulting fuel                             SBREFA amended the RFA to
                                             engines are already in development or                                       cost from our refinery analysis will be                               strengthen its analytical and procedural
                                             in commercial use in some marine                                            compared to the costs from scrubbing                                  requirements and to ensure that small
                                             applications. The draft Regulatory                                          and fuel blending to determine the most                               entities are adequately considered
                                             Impact Analysis 126 for the May 29, 2002                                    economical method for complying with                                  during rule development. The Agency
                                             proposed rulemaking for Category 3                                          the standards for Category 3 marine                                   accordingly requests comment on the
                                             marine engines (67 FR 37548) included                                       engines. We request comment on the                                    potential impacts on a small entity of
                                             an analysis of regulatory alternatives                                      potential costs of low sulfur marine                                  the program described in this notice.
                                             which included advanced technologies.                                       fuels.                                                                These comments will help the Agency
                                             To estimate costs of this prospective                                                                                                             meet its obligations under SBREFA and
                                                                                                                         IX. Statutory and Executive Order                                     will suggest how EPA can minimize the
                                             emissions control program, we expect to                                     Reviews
                                             start with cost estimates that were                                                                                                               impacts of this rule for small entities
                                             developed as part of that regulatory                                        A. Executive Order 12866: Regulatory                                  that may be adversely impacted.
                                             analysis. We will modify these costs as                                     Planning and Review                                                      Depending on the number of small
                                             needed to take into account advances in                                                                                                           entities identified prior to the proposal
                                                                                                                            Under section (3)(f)(1) Executive                                  and the level of any contemplated
                                             technology, changes in cost structure,                                      Order 12866 (58 FR 51735, October 4,
                                             and comments received on this ANPRM.                                                                                                              regulatory action, we may convene a
                                                                                                                         1993), the Agency must determine                                      Small Business Advocacy Review Panel
                                             We encourage commenters to review the                                       whether the regulatory action is
                                             information covering all aspects of                                                                                                               under section 609(b) of the Regulatory
                                                                                                                         ‘‘significant’’ and therefore subject to                              Flexibility Act as amended by SBREFA.
                                             engine costs in the regulatory impact                                       review by the Office of Management and
                                             documents for the earlier Category 3                                                                                                              The purpose of the Panel would be to
                                                                                                                         Budget (OMB) and the requirements of                                  collect the advice and recommendations
                                             rulemaking and to provide comments on                                       this Executive Order. This Advance
                                             cost-related issues. In addition, we are                                                                                                          of representatives of small entities that
                                                                                                                         Notice has been sent to the Office of                                 could be impacted by the eventual rule.
                                             interested in cost information associated                                   Management and Budget (OMB) for
                                             with potential retrofitting concepts and                                                                                                          If we determine that a panel is not
                                                                                                                         review under Executive Order 12866                                    warranted, we would intend to work on
                                             in information about any unique costs                                       and any changes made in response to
                                             associated with equipment redesign for                                                                                                            a less formal basis with those small
                                                                                                                         OMB recommendations have been                                         entities identified.
                                             the marine market.                                                          documented in the docket for this
                                               We will also consider the economics                                                                                                                Although we do not believe that this
                                                                                                                         action.                                                               rule will have a significant economic
                                             of desulfurizing residual fuel, using of
                                             distillate fuel, and blending high and                                      B. Paperwork Reduction Act                                            impact on a substantial number of small
                                             low sulfur fuels. Due to high refinery                                                                                                            entities, we are requesting information
                                                                                                                           We will prepare information                                         on small entities potentially impacted
                                             production costs, it is not likely that                                     collection requirements as part of our                                by this rulemaking. Information on
                                             much new volume of residual fuel will                                       proposed rule and submit them for                                     company size, number of employees,
                                             be desulfurized. We expect to employ a                                      approval to the Office of Management                                  annual revenues and product lines
                                             worldwide refinery modeling analysis to                                     and Budget (OMB) under the Paperwork                                  would be especially useful. Confidential
                                             estimate the cost for desulfurizing                                         Reduction Act, 44 U.S.C. 3501 et seq.                                 business information may be submitted
                                             residual fuel and to estimate the cost for
                                                                                                                         C. Regulatory Flexibility Act                                         as described under SUPPLEMENTARY
                                             the production of additional distillate
                                             fuel in our analysis for different fuel                                       The Regulatory Flexibility Act (RFA)
                                             volume scenarios. Additionally, we will                                     as amended by the Small Business                                      D. Unfunded Mandates Reform Act
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                                             estimate scrubbing costs and potential                                      Regulatory Enforcement Fairness Act                                     Title II of the Unfunded Mandates
                                             scrubber penetration rates for ships, as                                    (SBREFA), requires agencies to                                        Reform Act of 1995 (UMRA), Public
                                               126 ‘‘Draft Regulatory Support Document: Control
                                                                                                                         endeavor, consistent with the objectives                              Law 104–4, establishes requirements for
                                             of Emissions from Compression-Ignition Marine
                                                                                                                         of the rule and applicable statutes, to fit                           Federal agencies to assess the effects of
                                             Diesel Engines at or Above 30 Liters per Cylinder,’’                        regulatory and information                                            their regulatory actions on State, local,
                                             U.S. Environmental Protection Agency, April, 2002.                          requirements to the scale of businesses,                              and tribal governments and the private

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                                                                    Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules                                          69551

                                             sector. Under section 202 of the UMRA,                  that has federalism implications, that                implications’’ is defined in the
                                             EPA generally must prepare a written                    imposes substantial direct compliance                 Executive Order to include regulations
                                             statement, including a cost-benefit                     costs, and that is not required by statute,           that have ‘‘substantial direct effects on
                                             analysis, for proposed and final rules                  unless the Federal government provides                one or more Indian tribes, on the
                                             with ‘‘Federal mandates’’ that may                      the funds necessary to pay the direct                 relationship between the Federal
                                             result in expenditures to State, local,                 compliance costs incurred by State and                government and the Indian tribes, or on
                                             and tribal governments, in the aggregate,               local governments, or EPA consults with               the distribution of power and
                                             or to the private sector, of $100 million               State and local officials early in the                responsibilities between the Federal
                                             or more in any one year. Before                         process of developing the proposed                    government and Indian tribes.’’
                                             promulgating an EPA rule for which a                    regulation. EPA also may not issue a                    As part of the development of our
                                             written statement is needed, section 205                regulation that has federalism                        Notice of Proposed Rulemaking, we will
                                             of the UMRA generally requires EPA to                   implications and that preempts State                  examine the impacts of our proposal
                                             identify and consider a reasonable                      law, unless the Agency consults with                  with respect to tribal implications.
                                             number of regulatory alternatives and                   State and local officials early in the                G. Executive Order 13045: Protection of
                                             adopt the least costly, most cost-                      process of developing the proposed                    Children From Environmental Health
                                             effective or least burdensome alternative               regulation.                                           and Safety Risks
                                             that achieves the objectives of the rule.                  Section 4 of the Executive Order
                                             The provisions of section 205 do not                    contains additional requirements for                    Executive Order 13045, ‘‘Protection of
                                             apply when they are inconsistent with                   rules that preempt State or local law,                Children From Environmental Health
                                             applicable law. Moreover, section 205                   even if those rules do not have                       Risks and Safety Risks’’ (62 FR 19885,
                                             allows EPA to adopt an alternative other                federalism implications (i.e., the rules              April 23, 1997) applies to any rule that:
                                             than the least costly, most cost-effective              will not have substantial direct effects              (1) Is determined to be ‘‘economically
                                             or least burdensome alternative if the                  on the States, on the relationship                    significant’’ as defined under Executive
                                             Administrator publishes with the final                  between the national government and                   Order 12866, and (2) concerns an
                                             rule an explanation why that alternative                the states, or on the distribution of                 environmental health or safety risk that
                                             was not adopted. Before EPA establishes                 power and responsibilities among the                  EPA has reason to believe may have a
                                             any regulatory requirements that may                    various levels of government). Those                  disproportionate effect on children. If
                                             significantly or uniquely affect small                  requirements include providing all                    the regulatory action meets both criteria,
                                             governments, including tribal                           affected State and local officials notice             the Agency must evaluate the
                                             governments, it must have developed                     and an opportunity for appropriate                    environmental health or safety effects of
                                             under section 203 of the UMRA a small                   participation in the development of the               the planned rule on children, and
                                             government agency plan. The plan must                   regulation. If the preemption is not                  explain why the planned regulation is
                                             provide for notifying potentially                       based on express or implied statutory                 preferable to other potentially effective
                                             affected small governments, enabling                    authority, EPA also must consult, to the              and reasonably feasible alternatives
                                             officials of affected small governments                 extent practicable, with appropriate                  considered by the Agency.
                                             to have meaningful and timely input in                  State and local officials regarding the                 This rule is not subject to the
                                             the development of EPA regulatory                       conflict between State law and                        Executive Order because it does not
                                             proposals with significant Federal                      Federally protected interests within the              involve decisions on environmental
                                             intergovernmental mandates, and                         agency’s area of regulatory                           health or safety risks that may
                                             informing, educating, and advising                      responsibility.                                       disproportionately affect children. The
                                             small governments on compliance with                       As part of the development of our                  EPA believes that the emissions
                                             the regulatory requirements.                            Notice of Proposed Rulemaking, we will                reductions from the strategies proposed
                                                As part of the development of our                    examine the impacts of our proposal                   in this rulemaking will further improve
                                             Notice of Proposed Rulemaking, we will                  with respect to the relationship between              air quality and will further improve
                                             examine the impacts of our proposal                     the national government and the States,               children’s health.
                                             with respect to expected expenditures                   or on the distribution of power and                   H. Executive Order 13211: Actions That
                                             by State, local, and tribal governments,                responsibilities among the various                    Significantly Affect Energy Supply,
                                             in the aggregate, or by the private sector              levels of government, as specified in                 Distribution, or Use
                                             of $100 million or more in any one year.                Executive Order 13132.
                                                                                                        In the spirit of Executive Order 13132,               Executive Order 13211, ‘‘Actions
                                             E. Executive Order 13132: Federalism                    and consistent with EPA policy to                     Concerning Regulations That
                                                Executive Order 13132, entitled                      promote communications between EPA                    Significantly Affect Energy Supply,
                                             ‘‘Federalism’’ (64 FR 43255, August 10,                 and State and local governments, EPA                  Distribution, or Use’’ (66 FR 28355 (May
                                             1999), requires EPA to develop an                       specifically solicits comment on this                 22, 2001)) requires that we determine
                                             accountable process to ensure                           proposed rule from State and local                    whether or not there is a significant
                                             ‘‘meaningful and timely input by State                  officials.                                            impact on the supply of energy caused
                                             and local officials in the development of                                                                     by our rulemaking. These impacts
                                             regulatory policies that have federalism                F. Executive Order 13175: Consultation                include: Reductions in supply,
                                             implications.’’ ‘‘Policies that have                    and Coordination With Indian Tribal                   reductions in production, increases in
                                             federalism implications’’ is defined in                 Governments                                           energy usage, increases in the cost of
                                             the Executive Order to include                             Executive Order 13175, entitled                    energy production and distribution, or
                                             regulations that have ‘‘substantial direct              ‘‘Consultation and Coordination with                  other similarly adverse outcomes. We
                                             effects on the States, on the relationship              Indian Tribal Governments’’ (65 FR                    anticipate that our proposal will not be
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                                             between the national government and                     67249, November 9, 2000), requires EPA                a ‘‘significant energy action’’ as defined
                                             the States, or on the distribution of                   to develop an accountable process to                  by this order because we are not
                                             power and responsibilities among the                    ensure ‘‘meaningful and timely input by               reducing the supply or production of
                                             various levels of government.’’                         tribal officials in the development of                any fuels or electricity, nor are we
                                                Under Section 6 of Executive Order                   regulatory policies that have tribal                  increasing the use or cost of energy by
                                             13132, EPA may not issue a regulation                   implications.’’ ‘‘Policies that have tribal           more than the stated thresholds. The

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                                             69552                  Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules

                                             proposed standards will have for their                  examine the availability and use of                   human health or environmental effects
                                             aim the reduction of emissions from                     voluntary consensus standards.                        on any population, including any
                                             certain marine engines using either                                                                           minority or low-income population.
                                                                                                     J. Executive Order 12898: Federal
                                             exhaust gas cleaning technology or an                                                                         Rather the opposite as more low-income
                                                                                                     Actions To Address Environmental
                                             alternative grade of marine fuel, and                                                                         individuals tend to live closer to marine
                                                                                                     Justice in Minority Populations and
                                             will have no effect on fuel formulation.                                                                      ports, and it is these areas that will
                                                                                                     Low-Income Populations
                                             I. National Technology Transfer                                                                               receive the most benefits in this rule
                                                                                                        Executive Order 12898 (59 FR 7629                  that will reduce emissions of large
                                             Advancement Act                                         (Feb. 16, 1994)) establishes federal                  marine engines.
                                                Section 12(d) of the National                        executive policy on environmental
                                             Technology Transfer and Advancement                     justice. Its main provision directs                   List of Subjects
                                             Act of 1995 (‘‘NTTAA’’), Public Law 104                 federal agencies, to the greatest extent              40 CFR Part 9
                                             113, section 12(d) (15 U.S.C. 272 note)                 practicable and permitted by law, to
                                             directs EPA to use voluntary consensus                  make environmental justice part of their                Reporting and recordkeeping
                                             standards in its regulatory activities                  mission by identifying and addressing,                requirements.
                                             unless doing so would be inconsistent                   as appropriate, disproportionately high
                                                                                                                                                           40 CFR Part 94
                                             with applicable law or otherwise                        and adverse human health or
                                             impractical. Voluntary consensus                        environmental effects of their programs,                Environmental protection,
                                             standards are technical standards (e.g.,                policies, and activities on minority                  Administrative practice and procedure,
                                             materials specifications, test methods,                 populations and low-income                            Air pollution control, Confidential
                                             sampling procedures, and business                       populations in the United States.                     business information, Imports,
                                             practices) that are developed or adopted                   EPA has determined that this                       Incorporation by reference, Penalties,
                                             by voluntary consensus standards                        proposed rule will not have                           Reporting and recordkeeping
                                             bodies. NTTAA directs EPA to provide                    disproportionately high and adverse                   requirements, Vessels, Warranties.
                                             Congress, through OMB, explanations                     human health or environmental effects
                                                                                                     on minority or low-income populations                   Dated: November 29, 2007.
                                             when the Agency decides not to use
                                             available and applicable voluntary                      because it increases the level of                     Stephen L. Johnson,
                                             consensus standards.                                    environmental protection for all affected             Administrator.
                                                As part of the development of our                    populations without having any                        [FR Doc. E7–23556 Filed 12–6–07; 8:45 am]
                                             Notice of Proposed Rulemaking, we will                  disproportionately high and adverse                   BILLING CODE 6560–50–P
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