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* * * * * lead time for qualifying engines and service via email, phone, and webform. vessels. The telephone number for the Public Timothy J. Shea, Reading Room is (202) 566–1744, and DATES: This final rule is effective on Acting Administrator. the telephone number for the Air Docket November 2, 2020. [FR Doc. 2020–19305 Filed 10–1–20; 8:45 am] is (202) 566–1742. For further BILLING CODE 4410–09–P ADDRESSES: The EPA has established a information on EPA Docket Center docket for this action under Docket ID services and the current status, go to No. EPA–HQ–OAR–2018–0638. All https://www.epa.gov/dockets. ENVIRONMENTAL PROTECTION documents in the docket are listed on FOR FURTHER INFORMATION CONTACT: AGENCY the www.regulations.gov website. Although listed in the index, some Alan Stout, Office of Transportation and 40 CFR Part 1042 information is not publicly available, Air Quality, Assessment and Standards e.g., CBI or other information whose Division (ASD), Environmental [EPA–HQ–OAR–2018–0638; FRL–10013–36– Protection Agency, 2000 Traverwood OAR] disclosure is restricted by statute. Certain other material, such as Drive, Ann Arbor, MI 48105; telephone RIN 2060–AU30 copyrighted material, is not placed on number: (734) 214–4805; email address: the internet and will be publicly [email protected]. Amendments Related to Marine Diesel available only in hard copy form. SUPPLEMENTARY INFORMATION: Engine Emission Standards Publicly available docket materials are Does this action apply to me? AGENCY: Environmental Protection available either electronically in Agency (EPA). www.regulations.gov or in hard copy at This action relates to marine diesel ACTION: Final rule. Air and Radiation Docket and engines with rated power between 600 Information Center, EPA Docket Center, and 1,400 kW intended for installation SUMMARY: The Environmental Protection EPA/DC, EPA WJC West Building, 1301 on vessels flagged or registered in the Agency (EPA) is amending the national Constitution Ave. NW, Room 3334, United States, vessels that use those marine diesel engine program with Washington, DC. Note that the EPA engines, and companies that relief provisions to address concerns Docket Center and Reading Room were manufacture, repair, or rebuild those associated with finding and installing closed to public visitors on March 31, engines and vessels. certified Tier 4 marine diesel engines in 2020, to reduce the risk of transmitting Categories and business entities that certain high-speed commercial vessels. COVID–19. The Docket Center staff will might be affected by this rule include This relief is in the form of additional continue to provide remote customer the following:

a Examples of potentially affected Category NAICS code entities

Industry ...... 333618 Marine engine manufacturing. Industry ...... 336611 Shipbuilding and repairing. a North American Industry Classification System (NAICS).

This table is not intended to be from 2014 to 2017, depending on engine 1042.505, and 1042.901 that we are exhaustive, but rather provides a guide power.1 After the Tier 4 standards were making in this final rule. Each of these for readers regarding entities likely fully in effect for all engine sizes, some elements is discussed in more detail in covered by these rules. This table lists boat builders informed EPA that there this final rule. the types of entities that we are aware were no certified Tier 4 engines The September 2019 proposed rule may be regulated by this action. Other available with suitable performance also included provisions related to in- types of entities not listed in the table characteristics for the vessels they use fuel sulfur standards that apply for could also be regulated. To determine needed to build, specifically for high- global marine fuel. We adopted those whether your activities are regulated by speed commercial vessels that rely on regulatory amendments to 40 CFR part this action, you should carefully engines with rated power between 600 80 in a separate rule (84 FR 69335, examine the applicability criteria in the and 1,400 kW that have high power December 18, 2019). referenced regulations. You may direct density. The regulatory changes EPA is questions regarding the applicability of To address these concerns, EPA this action to the persons listed in the adopting in this final rule are largely the proposed, and through this rule is same as we proposed, with a few preceding FOR FURTHER INFORMATION adopting, provisions to provide CONTACT section. adjustments to address concerns raised additional lead time for implementing by commenters. Several commenters I. Summary the Tier 4 standards for engines used in also suggested that we broaden the certain high-speed vessels (84 FR 46909, EPA’s 2008 Final Rule for Control of scope of the rule to provide additional September 6, 2019). We are also relief—either for a longer period or for Emissions of Air Pollution from finalizing the proposed approaches for Locomotive Engines and Marine a wider range of vessels. We are streamlining certification requirements considering further rulemaking action to Compression-Ignition Engines Less than to facilitate or accelerate certification of 30 Liters per Cylinder adopted Tier 4 address these concerns, as described in Tier 4 marine engines with high power Section VII. emission standards for commercial density. These changes are reflected in marine diesel engines at or above 600 amendments to 40 CFR. 1042.145, EPA adopted emission standards for kilowatts (kW) (73 FR 37096, June 30, marine diesel engines under Clean Air 2008). These standards, which were 1 For engines up to 1,000 kW, compliance could Act authority (42 U.S.C. 7401–7671q). expected to require the use of exhaust be delayed for up to nine months, but no later than The amendments in this rule are aftertreatment technology, phased in October 1, 2017. covered by that same authority.

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II. Background standards. However, engine whale-strike avoidance rules that are In 2008, EPA adopted Tier 3 and Tier manufacturers commented that a vessel- designed to protect migrating and 4 emission standards for new marine based approach would be unworkable calving right whales. In designated areas diesel engines with per-cylinder because they would then need to certify off the coast of Georgia, for example, displacement less than 30 liters (73 FR engines for a range of vessel types. vessels 65 feet and longer may not 37096, June 30, 2008). The Tier 3 Several commenters affirmed the 600 exceed an operating speed of 10 knots 3 standards were based on engine kW threshold as appropriate, and no from November 1 to April 30 each year. manufacturers’ capabilities to reduce commenters suggested a higher The whale-strike avoidance rules particulate matter (PM) and oxides of threshold. As a result, EPA finalized the increase the demand for pilot boats that 600 kW threshold without further are less than 65 feet long. This nitrogen (NOX) emissions with recalibration and other engine-based limiting the Tier 4 standards to additional constraint further technologies. The Tier 4 standards were particular types of commercial vessels. complicates the challenge to design In the intervening years, only one based on achieving emission reductions vessels with Tier 4 engines as the SCR engine manufacturer certified Tier 4 through the application of catalytic emission control system takes up a engines below 1,400 kW, and none of aftertreatment technology, including significant amount of already limited those had a power density greater than space. Here again, the use of Tier 4 selective catalytic reduction (SCR). 35 kW per liter total engine These Tier 4 standards currently apply engines will require significant boat displacement.2 Engine manufacturers changes and more time is needed to to commercial marine diesel engines pointed to the cost of product with rated power at or above 600 kW. resolve these challenges. development and certification rather These concerns led us to propose The Tier 3 standards phased in for than technological feasibility as the different engine sizes and power ratings provisions to allow additional lead time reason for delaying certification of Tier for implementing the Tier 4 standards from 2009 to 2014. The Tier 4 phase-in 4 engines. We also heard from schedule applied these more stringent for engines used in certain high-speed manufacturers of high-speed vessels that vessels, and to streamline Tier 4 standards starting in 2014 to engines at the lack of certified Tier 4 engines with or above 2,000 kW, which are most certification requirements. The proposal high power density was preventing identified several vessel and engine prevalent on large workboats that are them from building new vessels. Most of less sensitive to engine size and weight parameters that served as criteria to these concerns were related to lobster limit the additional lead time to concerns. The Tier 4 standards started boats and pilot boats. Boat builders also to apply at the start of model year 2017 qualifying vessels, rather than naming told us that there would be greater certain vessel types. for engines from 1,000 to 1,400 kW, and challenges when installing SCR- on October 1, 2017 for engines from 600 EPA benefitted from extensive input equipped engines in these high-speed from engine manufacturers, boat kW to 999 kW. The schedule for vessels. applying the Tier 4 standards was builders, and other stakeholders before When we adopted the Tier 4 publishing the proposed rule and in the intended to give engine manufacturers standards in 2008, most if not all lobster time to redesign and certify compliant comments submitted during the boats used engines below 600 kW. comment period. This information engines, and to give boat builders time Targeted lobster beds were typically to redesign their vessels to helped to clarify the constraints, located relatively close to shore. Lobster capabilities, processes, and concerns for accommodate the Tier 4 engines. boats navigating in these areas have size The 600 kW threshold for applying engine manufacturers, vessel and performance requirements that do manufacturers, and others affected by the Tier 4 standards was intended to not call for engines above 600 kW. Since avoid aftertreatment-based standards for the Tier 4 standards. 2008, however, it has become common Since the middle of 2019, four small vessels used for certain to navigate to lobster beds 40 miles or applications that were most likely to be additional engine manufacturers have farther from shore. The greater traveling certified Tier 4 engines with rated designed for high-speed operation with distance necessitates more cargo space very compact engine installations. Most power between 600 and 1,400 kW. This for a greater catch, and more speed to expands the list of Tier 4 engine models engines above 600 kW provide power complete a day’s work in a reasonable for various types of workboats and that are available to provide power for time. These factors caused a demand for a wider range of vessel types. However, larger passenger vessels. We were aware larger vessels and more engine power, that there would be some high-speed these new engine certifications and the which led boat builders to install comments received do not change EPA’s vessels with engines above 600 kW, but engines above 600 kW in lobster boats. expected that engine manufacturers concerns as stated in the proposed rule Prior to the Tier 4 standards taking that manufacturers of vessels for certain would be able to certify 600–1,400 kW effect in 2017, engines for these lobster engines and vessel manufacturers would high-speed commercial applications boats were subject to Tier 3 standards continue to face important challenges be able to make the necessary vessel and thus required no aftertreatment design changes during the nine-year associated with the availability of technology. As a result, the lobster-boat engines certified to the Tier 4 engine period between the final rule and the engines needed for high speed and implementation of the Tier 4 standards. standards. These vessels have ocean navigation could fit into fiberglass performance needs for achieving In response to the proposal preceding hulls with minimal changes to fiberglass the 2008 final rule, some commenters substantial propulsion power from a molds, or vessel design generally. light-weight engine. In short, these recommended that the Tier 4 standards A complicating factor for pilot boats apply to engines as small as 37 kW, vessel manufacturers have been unable is other federal, state, or local programs to find certified Tier 4 engines meeting because small land-based nonroad that impose speed restrictions on diesel engines were subject to similar their requirements for maximum power, vessels for certain vessel lengths. power density, and weight. See Section aftertreatment-based standards. Other Specifically, pilot boats that operate in commenters at that time advocated a certain coastal areas are subject to 3 The whale-strike avoidance rule was originally vessel-based approach, for example adopted by the National Marine Fisheries Service exempting engines installed on patrol 2 Tier 4 engines in 2017 and 2018 were limited on October 10, 2008 (73 FR 60173). See 50 CFR boats and ferries from the Tier 4 to Caterpillar’s 32-liter and 57-liter engines. 224.105.

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V for a more detailed discussion of the control program for certain high-speed Phase 1, commenters requested some newly certified engines and the vessels and the associated engines with additional years to redesign vessels, and relationship to designing vessels with rated power between 600 and 1,400 kW. to find customers needing vessels those Tier 4 engines. These changes provide more time for during the relief period. Our intent in In response to these concerns, and engine manufacturers to certify the proposed rule was to allow boat consistent with the proposed rule, EPA additional engine models and for vessel builders to address the dilemma of not is adopting amendments to our marine manufacturers to design and build boats being able to fill orders for building new diesel engine program to provide with Tier 4 engines. We are also making boats because Tier 4 engines were not additional lead time to address these changes to our certification available. We did not intend, and do not concerns for certain high-speed vessels. requirements to facilitate certification, support, a longer time frame that would The new provisions allow engines especially related to demonstrating the allow boat builders to seek out installed on qualifying high-speed durability of emission controls. expanded opportunities based on vessels to continue to meet Tier 3 The regulatory changes in this final marketing the cost-saving advantages of standards during a relief period, which rule are largely the same as we Tier 3 compliant vessels for additional in turn will allow time for engine proposed, with a few adjustments in customers. The additional lead time manufacturers to certify additional response to concerns raised by associated with this proposed rule will engine models, and for vessel commenters. Several commenters also allow vessel manufacturers to manufacturers to implement design suggested that we broaden the scope of reconfigure vessels, create new tooling, changes to their vessels to accommodate the rule to provide additional relief— and start producing compliant vessels. new Tier 4 engines as they become either for a longer period or for a wider Commenters representing the available. range of vessels. We are considering lobstering industry described their The Tier 4 relief in this final rule further rulemaking action to address concerns that Tier 4 standards would be addresses the concerns that led to the these concerns, as noted in Section VII. more challenging and may never be proposed rule. In particular, absent appropriate for vessels meeting the A. Adjusted Implementation Dates relief, boat builders would be unable to Phase 2 criteria. The types of lobster build the types of high-speed vessels EPA is revising the Tier 4 boats that need engines with more than identified in the proposed rule in the implementation dates for certain types 600 kW have size and performance near term. This could result in boat of marine diesel engines for installation characteristics that are best met with purchasers sourcing new boats that are in qualifying high-speed vessels. The 15–18 liter engines. Larger engines, underpowered or prolonging the service additional time will allow vessel especially with SCR aftertreatment, are life of older boats, perhaps including manufacturers to redesign their vessels too large and heavy to provide a suitable replacement of original engines with to accommodate engines with the Tier 4 alternative power source for these Tier 3 or dirtier engines. As more Tier technology. Engine manufacturers have lobster boats. We are therefore adopting 4 engines become available, boat also indicated that the additional time the Phase 2 relief, as proposed, to allow builders will be able to design and build will allow them to certify more engine two additional years of lead time high-speed vessels that comply with models with high power density to the beyond the Phase 1 criteria, and a Tier 4 requirements, consistent with the Tier 4 standards. waiver process to address the possibility schedule we are specifying in this final The new lead time provisions have that Tier 4 engines will continue to be rule. Section IV evaluates the cost and two phases. The first phase sets model unavailable. environmental impact of the relief year 2022 as the Tier 4 implementation Vigor, Gladding-Hearn, and Ray Hunt provisions in this final rule. deadline for engines installed in high- Design requested that EPA clarify Note that the new provisions allowing speed vessels meeting a specific set of whether they would need to take certain additional lead time for EPA’s Tier 4 criteria. The second phase sets model steps before the end of the relief period marine diesel engine standards are year 2024 as the Tier 4 implementation for their vessels to qualify for the distinct from the international engine deadline for engines installed in a additional lead time. Implementation of emission standards that apply under narrower set of high-speed vessels that new emission standards is based on a Annex VI to the International are facing a different set of compliance combination of build dates for the Convention for the Prevention of challenges. engines and the vessels. For example, Pollution from Ships (MARPOL Annex We are applying the model year 2022 Phase 1 relief expires in 2021, which VI). Because the domestic and implementation date for Phase 1 relief, means that engines qualifying for relief international emission standards are as proposed. This will allow boat must have a date of manufacture in adopted under different legal builders time to redesign qualifying model year 2021 or earlier; i.e., authorities, this rule has no bearing on vessels to install certified Tier 4 crankshafts must be installed in those the international standards. It is also the engines. Available engines include engine blocks on or before December 31, case that U.S. vessels operating only currently certified models with total 2021.4 Similarly, vessels qualify for domestically are not subject to the displacements of 24 and 32 liters. relief only if their keels are laid on or standards adopted under MARPOL Engine manufacturers are also before December 31, 2021.5 Annex VI (see 40 CFR 1043.10(a)(2)). As continuing to develop additional Tier 4 At the same time, however, we are a result, the high-speed commercial engine models. concerned that boat builders may lay vessels that are the subject of this rule The second phase addresses the keels and order engines speculatively to will not be subject to emission different needs of manufacturers of allow them to sell Tier 3 vessels for standards under MARPOL Annex VI as fiberglass and other nonmetal vessels up several years beyond the relief period. long as they do not operate to 50 feet long that need additional time This practice would be contrary to the internationally. to redesign their boats to use 600–1,000 kW engines certified to Tier 4 standards. 4 See the prohibition in 40 CFR 1068.101(a)(1) III. Regulatory Changes in This Final Boat builders and boat owners and the definitions of ‘‘Date of manufacture’’ and Rule ‘‘Model year’’ in 40 CFR 1068.30. expressed a concern that the proposed 5 See the prohibition in 40 CFR 1068.101(a)(1) In this rule, EPA is adopting revisions additional lead time for both Phase 1 and paragraph (8) of the definition of ‘‘Model year’’ to the marine diesel engine emission and Phase 2 was not adequate. For in 40 CFR 1042.901.

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intent of the proposed relief. The implementation dates for the Tier 4 (to accommodate vessels with multiple program is intended to allow boat standards. propulsion engines). The combination builders to meet existing demand for Both phases of relief will be available of the limit on maximum power for each certain high-speed vessels where they to both inspected and uninspected engine with the limit on the total are currently unable to supply those commercial vessels. This is different nameplate propulsion power has the vessels. To prevent building up from our proposal, which would have practical effect of limiting relief to inventories of vessels during the relief limited both phases of relief provisions vessels with one or two propulsion period to circumvent the Tier 4 to vessels classified as uninspected engines. These criteria are intended to standards, we are adopting a vessels by the U.S. Coast Guard.6 Coast target relief from the Tier 4 standards for requirement to limit the relief to vessels Guard designates all commercial vessels the engines and vessels identified in the for which the boat builder has a written as either inspected or uninspected. proposed rule as needing additional contract from a buyer to purchase a Inspected vessels carry freight-for-hire lead time. vessel. The contract must be signed or any hazardous or dangerous cargo. The second phase of relief is limited before the end of the relief period. Towing and most passenger vessels are to engines that will be installed on also inspected. In contrast, uninspected vessels with a single propulsion engine B. Relief Criteria vessels include recreational vessels not with maximum power output up to Vessels qualify for relief if they meet engaged in trade, non-industrial fishing 1,000 kW and power density of at least certain criteria, as specified in the vessels, very small cargo vessels (less 35.0 kW per liter displacement, where proposal and updated for this final rule. than 15 gross tons), and miscellaneous the vessel is made with a nonmetal hull Both phases of relief will be available vessels such as pilot boats, patrol and and has a maximum waterline length of only to engines installed on high-speed other law-enforcement vessels, fire 50 feet. As noted in the proposed rule, vessels. High-speed vessels may boats, and research vessels, among we limited Phase 2 relief to fiberglass generally be characterized as planing others. The Passenger Vessel and other nonmetal hulls because of the vessels based on a hull design that Association, All American Marine, cost of creating new hull forms, and causes the vessel to rise up out of the Gladding-Hearn, and Savannah Bar because there is no option for a twin- water and experience lower Pilots indicated that there are examples engine installation for lobster boats or hydrodynamic drag (with a of inspected vessels that face the same similar vessels less than 50′. corresponding decrease in required issues related to engine availability and Gladding-Hearn and Ray Hunt Design propulsion power) when operating at design constraints that apply for requested that the regulation clearly high speed. This contrasts with uninspected vessels. For example, pilot state how to determine vessel length, displacement hulls, for which boats may be inspected or uninspected, and suggested referencing the U.S. Coast propulsion power continuously depending on the owner’s interest in Guard regulations at 46 CFR 175.400. increases with increasing vessel speed. expanding the use of a pilot boat to We agree with these comments and are Vessels with displacement hulls do not carrying some paying passengers. We adding a regulatory definition of experience the same design and agree that limiting relief to uninspected ‘‘waterline length’’ in 40 CFR 1042.901 installation challenges compared to vessels may unnecessarily exclude some that references the Coast Guard planing hulls. While this distinction is vessels for which relief was intended. regulation. This includes language straightforward, there is no generally We have therefore revised the final rule defining a worst-case condition accepted way to draw a clear line to remove this as a qualifying criterion. representing maximum vessel loading between the two types of vessels. This This change is necessary to accomplish and minimum water density. This is is illustrated by ‘‘semi-planing’’ vessels, the goal of the intended relief. We do intended to prevent a situation in which which have operating characteristics not think this change will significantly a vessel could exceed specified length that fall between planing and expand the range or number of vessels limits as a result of changing conditions. displacement vessels. We are adopting a that will qualify for relief, because other We proposed power density criteria of vessel speed criterion, as proposed, that engine and vessel qualifying criteria 35.0 and 40.0 kW per liter displacement is consistent with industry practice. We will continue to limit the number of for Phase 1 and Phase 2, respectively. are limiting relief to high-speed vessels qualifying vessels. The proposed criteria were intended to that have a maximum operating speed Vessels qualify for additional lead focus the relief on lightweight engines (in knots) at or above 3.0 · L1⁄2, where L time based on engine characteristics in needed for the affected high-speed is the vessel’s waterline length, in feet. addition to the vessel characteristics vessels. However, boat builders This includes an upward adjustment of described above. Qualifying engines expressed a concern that the proposed about 40 percent compared to published would need to be certified to EPA’s Tier value might reduce the number of definitions to draw a clearer line to 3 standards and have certain available Tier 3 engines to the point that identify high-speed vessels. As an characteristics related to power density the relief provisions would not allow example, 45-foot vessels would need to and maximum power output. them to build the vessels as have a maximum speed of at least 23 Specifically, the first phase of relief is contemplated in the proposed rule. knots to qualify for relief using the limited to propulsion engines with Vigor and Savannah Bar Pilots specified threshold. Vessels not meeting maximum power output up to 1,400 identified 27 kW/liter as an alternative the speed criterion either (1) are large kW, and power density of at least 27.0 qualifying threshold to allow a wider enough to not have the same sensitivity kW per liter displacement, rather than range of engines that could be used with to engine size and weight that should the proposed 35.0 kW per liter vessels qualifying for relief. Similarly, qualify them for relief from using Tier displacement. In addition, we are Gladding-Hearn and Ray Hunt Design 4 engines or (2) do not need engines limiting relief to engines that will be identified 24 kW/liter as an alternative with more than 600 kW. In particular, installed on vessels with a waterline qualifying threshold. The 24 kW/liter vessels with displacement hulls that are length up to 65 feet with total nameplate value was based on an engine model ′ less than 65 long generally do not have propulsion power at or below 2,800 kW with 57 liters total displacement, and engines with rated power above 600 kW. the 27 kW/liter value was based on an The vessel speed criterion applies 6 See Title 46, Chapter I, of the Code of Federal engine model with 38 liters total equally to both phases of adjusted Regulations. displacement. We agree that a wider

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range of power density values is These commenters suggesting lower conclude that space and packaging appropriate to accomplish the rule’s power density thresholds made clear rather than engine weight are the objectives and are therefore adjusting that weight considerations are a limiting factor in designing compliant the power density thresholds for the secondary engine parameter in high-speed vessels. This helps us to final rule. We selected the 27 kW/liter designing high-speed vessels. For understand the range of engine threshold because the 38-liter engine is example, a 38-liter engine at 27 kW/liter characteristics that will be suitable for a viable option for vessels qualifying for provides about 1,100 kW of propulsion these vessels when the Tier 4 standards Phase 1 relief, while the 57-liter engine power. An engine could achieve the apply. is much too large to be a viable option same power output with only 29 liters for these vessels. If we consider relief total displacement if the engine had Table 1 summarizes the provisions we for additional types of vessels in a power density at 35 kW/liter. The are adopting for additional lead time in future rulemaking, as described in incremental engine weight of adding this rule. This takes the form of a Section VII, we may reconsider the SCR to a 29-liter engine is probably less revised Tier 4 implementation schedule appropriate qualifying criteria for than the added weight of the larger for propulsion engines with high power engines installed on those vessels. engine without SCR. We therefore density.

TABLE 1—SUMMARY OF QUALIFYING CRITERIA FOR ADJUSTED TIER 4 IMPLEMENTATION DATES

Criteria 1 Phase 1 Phase 2

Vessel speed (knots) ...... >3.0 · (feet)1⁄2 ...... >3.0 · (feet)1⁄2. Engine power density ...... >27.0 kW/liter ...... >35.0 kW/liter. Engine power rating ...... ≤1,400 kW ...... ≤1,000 kW. Total vessel propulsion power ...... ≤2,800 kW ...... ≤1,000 kW. Vessel’s waterline length ...... ≤65 feet ...... ≤50 feet. Vessel hull construction ...... Any ...... nonmetal. Model years for continued use of Tier 3 En- through 2021 ...... through 2023. gines. 1 The specified engine criteria apply for the Tier 3 engines installed in vessels that qualify for relief.

Only those engines and vessels that replacement engines, or as engines for period, we expect boat builders to have meet the criteria we are finalizing in this export. In most cases, engine several available Tier 3 engine models. rule qualify for the revised Tier 4 manufacturers can resubmit information Several manufacturers indicated implementation dates. An engine from their earlier Tier 3 application for publicly that they intend to pursue installed in a nonqualifying vessel, or a certification to cover the new certification for Tier 3 commercial nonqualifying engine installed on any production. engines above 600 kW during the relief vessel, is subject to the prohibitions set Vigor, Gladding-Hearn, Ray Hunt period, including Caterpillar (18-liter out in 40 CFR 1068.101(a)(1) for new Design, Savannah Bar Pilots, and and 32-liter), MTU (22-liter and 27-liter) engines and vessels introduced into U.S. Columbia River Pilots asked EPA to and Scania (16-liter). We are aware of commerce, and would therefore be in allow installation of recreational Tier 3 additional engine manufacturers that violation. engines in commercial vessels during may also pursue Tier 3 certification for In addition to the above provisions, the relief period. We are not adjusting engines above 600 kW. several commenters suggested other our program to allow this. Since the D. Relief Through Waivers for adjustments to the proposed criteria to beginning of our emission control Qualifying Engines and Vessels broaden the scope of relief. Section V program for marine diesel engines, we includes our response to those have prohibited installation of EPA is adopting waiver provisions comments. recreational engines in commercial that start to apply in 2024 for vessels vessels. Recreational engines have a meeting the Phase 2 specifications C. Availability of Tier 3 Engines During much shorter useful life and therefore described in Table 1. These waiver Relief Period cannot provide reliable emission control provisions are intended to allow boat Engine manufacturers will need to in a commercial application. However, builders to continue building boats with certify engines above 600 kW to the Tier engine manufacturers can consider Tier 3 engines if engine manufacturers 3 commercial standards for installation qualifying their recreational marine have not yet certified suitable engines in newly constructed vessels that meet engines as light-commercial marine for those vessels. the qualifying criteria before vessel engines meeting a reduced useful life of Starting in 2024, manufacturers of manufacturers can utilize the additional 5,000 hours, as described in Section vessels meeting the Phase 2 lead time provided in this final rule. III.E.2. Except for that accommodation, qualifications described in Table 1 have Boat builders may need these Tier 3 we still find it important to disallow the option to request that EPA approve engines very soon after we finalize this installation of recreational engines in an exemption from the Tier 4 standards. rule. To do this, engine manufacturers commercial vessels. For manufacturers EPA will evaluate these requests based would generally need to restart using the new provision for a reduced on the availability of suitable certified production of engine configurations that useful life, we will be ready to work Tier 4 engines at the time of the request were already certified to the Tier 3 with engine manufacturers to apply the for the intended vessel design. EPA may commercial standards. Engine provisions of 40 CFR 1042.245(b) to approve requests covering multiple manufacturers may still be producing determine appropriate deterioration vessels, but any approval will apply these or substantially equivalent engine factors (see Section III.E.1). only for the number of vessels approved configurations as certified Tier 3 Based on input received from engine for relief. The waiver authority does not recreational engines, as exempt manufacturers after the comment expire, so EPA would be able to

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continue approving manufacturers’ future requests for relief; the approval which could accelerate the schedule for requests to install Tier 3 engines in process with the approval criteria certifying, and may lead manufacturers qualifying vessels until suitable certified adequately define the terms of the to decide to pursue Tier 4 certification Tier 4 engine models become available. waiver to avoid arbitrary decision- in light of the expected low sales The Passenger Vessel Association, making that would be disruptive for volumes for recovering the associated Vigor, Savannah Bar Pilots, and engine manufacturers and their product development costs. Columbia River Pilots suggested that the planning. To encourage development of waiver process should also apply for all E. Revised Certification Requirements additional engine options for high-speed vessels meeting the Phase 1 qualifying vessels, we will allow assigned Engine manufacturers told us that one criteria. As noted above, the waiver deterioration factors for engines with of the biggest factors delaying their provisions are intended to allow for power density above 30.0 kW/liter plans to certify Tier 4 engines in the 600 continued boat building in case there displacement. This applies through to 1,400 kW power range is the expected continue to be no suitable Tier 4 engines 2024 for 1,000–1,400 kW engines, and low sales volumes that make it harder for the targeted vessels. In 2022 and through model year 2026 for 600–1,000 to recover the investment needed to later, we expect boat builders to be able kW engines. These dates are set to apply to choose from several Tier 4 engine develop marine-specific calibrations for the first three years after the Tier 4 models between 20 and 40 liters total and perform the testing needed to standards start to apply on the adjusted displacement. It will take time to certify engines under 40 CFR part 1042. schedule, with the expectation that modify vessel designs to accommodate We understand engine manufacturers’ engine manufacturers could accumulate Tier 4 engine technologies, but it is concerns to recover their investment in information on the durability reasonable to expect the available Tier designing and certifying compliant characteristics of engines during those 4 engines to be suitable for the Phase 1 engines. The market for compliant three model years before needing to vessels. As mentioned above and engines is expected to grow as more develop family-specific deterioration described in Section VII, we are engines are needed internationally to factors. considering a separate rulemaking comply with the stringent emission proposal to address remaining questions standards adopted for NOX Emission The proposal specified that assigned about the availability of Tier 4 engines Control Areas under MARPOL Annex deterioration factors would be available for other types of high-speed vessels VI. Manufacturers are also expected to for two years for engines with power where there may not yet be suitable Tier redesign their engines to comply with density above 35.0 kW/liter. Engine 4 engines. the stringent marine diesel engine manufacturers’ comments requested that EMA stated that they do not support emission requirements for vessels we allow assigned deterioration factors extending Tier 4 relief for a longer operating on inland waterways in down to 30.0 kW/liter, and for a year period than we proposed. They Europe. The stringency of the European longer than we proposed. They specifically objected to specifying 2028 standards is similar to EPA’s Tier 4 suggested the changes to ensure that the as the year for applying the Tier 4 standards for NOX emissions and is amended provisions would together standards for Phase 2 relief based on more stringent for PM emissions. These create the appropriate reduction in engine manufacturers’ need to start standards will therefore contribute to development costs needed to achieve selling Tier 4 engines to recover their further development and installation of the objective of getting additional development costs. They also expressed advanced emission controls. engines certified to the Tier 4 standards. a concern that waiver provisions could To facilitate certification of engines We had selected the proposed be disruptive for product planning if the meeting the EPA Tier 4 standards, we thresholds for power density mostly to waiver approval would not be well are adopting revised engine certification prevent adverse competitive effects for defined or if it extended more than one requirements aimed at reducing engine manufacturers that had already certified year beyond the adjusted starting date of manufacturer compliance and to Tier 4 standards. We realize, the Tier 4 standards. We agree that certification costs for the affected however, that even those manufacturers adding several years of lead time would engines. These provisions are intended with certified engines can benefit from not be an effective way to support the to help accelerate the market entry of the new flexibility for certifying engine manufacturers’ development and additional Tier 4 marine engines, and additional engine families. certification programs for Tier 4 additional power ratings for engines We have reviewed available data to engines. The waiver process is already certified to Tier 4 standards. support default values for assigned preferable because it allows us to limit 1. Deterioration Factors deterioration factors. The deterioration relief in 2024 and later to cases in which factors are multiplicative values of 1.1 We are adopting a temporary there are no suitable engines certified to for NO and 1.4 for HC and CO, and an provision allowing engine X the Tier 4 standards. For example, additive value of 0.003 g/kW-hr for PM.7 manufacturers to certify specific engines engine manufacturers have not These are the same values specified for to Tier 4 standards based on assigned committed to certifying Tier 4 engines the proposed rule. Where an individual deterioration factors. Engine below 20 liters, and if that is still the engine manufacturer has existing data manufacturers rely on deterioration case and raised in a request for a waiver, available, such as from certified land- factors so they can test a new engine it may be appropriate not to limit a based versions of its marine engines, and adjust the test results waiver to a single year beyond the EPA would consider that information, mathematically to represent emission adjusted start date for the Tier 4 consistent with 40 CFR 1042.245(b), and levels at full useful life. Before this rule, standards. Conversely, if an engine may adjust the value of one or more manufacturer certifies an engine model the regulations for certifying marine default assigned deterioration factors that is suitable for powering vessels that diesel engines have allowed assigned accordingly. would otherwise meet the specified deterioration factors only for small- Phase 2 criteria, it would be appropriate volume engine manufacturers and post- 7 ‘‘Technical Analysis for Amendments Related to to deny the waiver request. The waiver manufacture marinizers. Assigned Marine Diesel Engine Emission Standards,’’ EPA provisions spell out the approval deterioration factors reduce the cost and memorandum from Cheryl Caffrey to Docket EPA– criteria needed for EPA to evaluate any time to certify to Tier 4 standards, HQ–OAR–2018–0638, August 1, 2019.

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Engine manufacturers would need to aftertreatment technology will meet Tier life also for Tier 3 engines below 600 certify using family-specific 4 standards over the full regulatory kW. However, there are several such deterioration factors in the first model useful life. engine models currently certified to the year after the assigned deterioration Vigor and Savannah Bar Pilots Tier 3 standards over a useful life of factors are no longer available. supported the proposal to adopt a 10,000 hours with power density Manufacturers could determine new shorter useful life for engines with high between 45 and 55 kW/liter. As a result, deterioration factors from a power density as a way to increase the allowing engines less than 600 kW to conventional durability demonstration number of certified engines, but stated qualify for a shorter useful life would based on emission measurements before that 40 kW/liter would be the relax the stringency of standards that and after an extended period of service appropriate qualifying threshold. The manufacturers are already meeting. We accumulation in the laboratory. Truck and Engine Manufacturers are therefore not reducing the useful life The proposal included a request for Association also supported adopting a for engines below 600 kW. comment to allow at-sea emission shorter useful life, but stopped short of Manufacturers certifying engines to measurement in addition to lab-based making a recommendation on the Tier 4 standards using a reduced useful measurement to establish deterioration threshold that should apply. life can use assigned deterioration We are adopting a shorter regulatory factors. We contemplated this change in factors as described in Section III.E.1. In useful life for commercial engines above the context of engine manufacturers’ the proposal, we considered adjusting 600 kW with very high power density as interest in an alternative to the the values of the assigned deterioration conventional durability demonstration. proposed, except that the qualifying threshold is 45.0 kW/liter (see factors to account for the shorter useful In their comments, engine life. However, this final rule applies the manufacturers did not support changing § 1042.145). If manufacturers opt for the shorter useful life for qualifying engines, same assigned deterioration factors for the program to require deterioration the shorter useful life, because we factors based on emission measurement we consider those to be ‘‘light- commercial marine engines’’ (see expect those engines to experience the for engines installed in vessels. We will same amount of wear and degradation not adopt this as a requirement. With § 1042.901). The newly certified 24-liter engine from MAN meets the Tier 4 in 5,000 hours that other engines would respect to alternative durability experience in 10,000 hours. demonstration, we note that 40 CFR standards for a useful life of 10,000 1042.245(b) allows manufacturers to hours at a top rating of about 44 kW/ 3. Engine Duty Cycle for Certification determine deterioration factors using an liter. This engine serves as an important Testing engineering analysis based on emission benchmark for decision-making about measurements from highway or nonroad the limits of a 10,000 hour useful life in Engine manufacturers certify their engines that are similar to the marine an engine with very high power density. engines to the relevant emission engine being certified. First, the engine demonstrates the standards by measuring emissions at feasibility of meeting the Tier 4 test points on the applicable duty cycle 2. Reduced Regulatory Useful Life for standards for 10,000 hours. Second, it specified in 40 CFR 1042.505 and Light Commercial Engines demonstrates the feasibility limits of contained in Appendix II of 40 CFR part We proposed to reduce the useful life meeting Tier 4 standards over a useful 1042, and summing the weight-adjusted from 10,000 hours to 5,000 hours for life of 10,000 hours. MAN makes this emission results. As described in 40 commercial marine engines that have same engine with higher power ratings CFR 1042.505(b)(1) and (2), commercial power density above 50.0 kW/liter for recreational applications. We propulsion engines with fixed-pitch displacement. There are currently no therefore understand 44 kW/liter to be propellers are tested on the 4-mode E3 engines certified to Tier 4 standards the upper bound for meeting the Tier 4 duty cycle, and recreational engines are with power density above 44 kW per standards without a reduced useful life. tested on the 5-mode E5 duty cycle. liter. We acknowledge that increasing an Setting the threshold at 45.0 kW/liter While engine speed and power at the engine’s power rating comes from creates an incentive for other test modes are substantially the same for higher intake air pressures and greater manufacturers to pursue engine both duty cycles, the E5 duty cycle has fuel flow into the engine, which can certification for higher-output light- an extra test point at idle and also cause some engine and aftertreatment commercial ratings to create additional includes different weighting to calculate components to wear out sooner. Engines power alternatives for boat builders that overall emissions. These duty cycles are with lower power density are designed need to meet the most demanding intended to represent in-use operation for continuous operation for very long performance specifications. for the different applications: periods with minimal downtime. The reduced useful life for light- Commercial engines are expected to Engines with high power density are commercial engines also applies for Tier operate more time at 75% load and inherently lighter weight for a given 3 engines with maximum power above above while doing work (engaged in power rating and have a shorter time 600 kW, consistent with the proposed commercial activity) while recreational before scheduled rebuilding. Under our rule. This may increase the number of engines are expected to operate at high current regulations, the same regulatory engine models available during the load only occasionally. Recreational useful life applies for commercial relief period to the extent that engine engines have much less operation engines without regard to power manufacturers certify recreational overall, and they spend more time at density. However, the performance engine models for light-commercial idle and low engine loads. demands associated with high power applications. The Truck and Engine Table 2 reproduces the speed and density make it more difficult to Manufacturers Association commented power settings for the E3 and E5 duty demonstrate that engines with asking that we specify the shorter useful cycles.

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TABLE 2—SPEED AND POWER SETTINGS FOR THE ISO E3 AND E5 DUTY CYCLES

Percent of maximum test E3 weighting E5 weighting Mode No. Engine speed power factors factors (percent)

1 ...... Maximum test speed ...... 100 0.20 0.08 2 ...... 91% ...... 75 0.50 0.13 3 ...... 80% ...... 50 0.15 0.17 4 ...... 63% ...... 25 0.15 0.32 5 ...... Warm idle ...... 0 ...... 0.30

In response to EPA’s request for Clean Air Act marine diesel engine imposes no additional economic costs comment on duty cycles, engine standards and MARPOL Annex VI above those included in our 2008 manufacturers asked that EPA allow the Regulation 13 NOX limits, rulemaking. Instead, the additional lead option of using the E5 duty cycle to manufacturers may submit test data time is expected to result in cost certify commercial marine diesel from both duty cycles. The reported savings. We estimate cost reductions of engines with power density above 30.0 data would need to show that engines about $3.9 million, using a behavioral kW/liter. Engines above 30 kW/liter may meet emission standards over each duty modeling approach, or $4.2 million, be used in applications that are more cycle. using a full-cost pass-through approach like high-speed recreational boats (e.g., These changes to the program will not (2015$). These are the estimated cost planing boats) than low-speed require new testing for engines that are reductions from installing less commercial boats (e.g., river boats). We already certified to our Tier 3 or Tier 4 expensive Tier 3 engines in new vessels agree with engine manufacturers that standards, and certification based on the during the relief period (2020 through this change is appropriate. We are E3 duty cycle will continue to be valid 2023) and the associated operating cost therefore amending 40 CFR 1042.505 to for demonstrating compliance with reductions during the 13-year lifetime of allow manufacturers to certify engines standards for any engines certified to a those engines (2020 through 2035). above 30.0 kW/liter using the E5 duty useful life of 10,000 hours. With respect to emission inventory cycle. The reasons for this change are impacts, this rule changes the IV. Economic and Environmental the same as the reasons supporting the implementation date of the Tier 4 Impacts reduced useful life revision described standards for qualifying engines and above. These engines are likely to be The economic impact, emission vessels, which will delay the emission operated in a way more reflective of the inventory, and human health and and air quality benefits of those E5 duty cycle, particularly those welfare assessments performed for this standards. The estimated annual 9 installed on planing or semi-planing final rule use the same methodologies as increase in NOX and PM10 emissions vessels like lobster boats or pilot boats. were used for the proposal. The associated with the relief is about 108 The option to certify engines above 30.0 inventory and costs assessments rely on and 2.3 short tons, respectively, in 2020 kW/liter applies equally to Tier 3 and the data and methodologies developed and 2021, when both sets of engines are Tier 4 engines. to support our 2008 Final Rule. The affected, decreasing to 37 and 1 ton, As noted above, engines with power benefits assessment uses a simplified respectively, in 2022 and 2023, when density above 45.0 kW/liter may certify health benefits estimation method. The only those engine up to 1,000 kW with a reduced useful life of 5,000 results of these analyses are set out in engines are affected. The lifetime hours. These engines are inherently a technical memorandum prepared for inventory increase is estimated to be 8 limited to installation in vessels whose this rule, are summarized below, and about 3,764 tons of NOX and 79 tons of operation is shifted toward light-load are contained in Table 3 below. The PM10, assuming a 13-year lifetime. This operation. We are therefore requiring Technical memorandum also contains represents less than one-tenth of one engines to be certified using the E5 duty the Executive Order 13771, Reducing percent of the national annual emissions cycle if they have the shorter useful life. Regulation and Controlling Regulatory for these pollutants from commercial This may require development of engine Costs analysis prepared for this rule. Category 1 marine diesel engines (i.e., calibrations and control strategies Consistent with the economic impact engines below 7.0 liters per cylinder optimized to maintain low NOX analysis prepared for EPA’s 2008 displacement). emissions at idle and low-load rulemaking, the costs for this final rule The estimated impacts on emissions operation to ensure that in-use engines were estimated using both a behavioral and costs presented in Table 3 do not will control emissions as effectively as approach (in the intermediate-run after include the use of waivers. If engine the prototype engine tested for the adoption of new standards, manufacturers apply for and receive certification. producers pass only some compliance waivers post-2023, the estimated cost We will not require testing with both through to consumers), and a full-cost reductions and emission inventory E3 and E5 duty cycles for any engine pass-through approach (in the long-run impacts would increase and would families certified to EPA standards after the adoption of new standards, extend for a longer period of time (the under 40 CFR part 1042. However, to producers pass all compliance costs useful life of the engines produced simplify dual certification to both our through to consumers). This rule subject to the waiver).

8 See ‘‘Final Assessment Analysis: Amendments Revelt, EPA, Kenneth Davidson, PS, and Margaret 9 Consistent with the 2008 Rule, this inventory Related to Marine Diesel Engine Emission Zawacki, EE, to Docket EPA–HQ–OAR–2018–0638, analysis is for PM10. In the 2008 rule, PM2.5 was Standards,’’ EPA memorandum from Jean Marie August 12, 2020. estimated at 97% of PM10.

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TABLE 3—ESTIMATED IMPACTS ON EMISSIONS AND COSTS

Affected NOX increase PM10 increase Compliance cost reduction Operating cost Year engines per year per year (2005$) * reduction per year (short tons) (short tons) (2005$)

2020 ...... 25 108.1 2.3 $455,667 to $531,177 ...... $36,000 2021 ...... 25 216.3 4.6 $455,913 to $531,689 ...... 72,000 2022 ...... 21 252.9 5.3 $301,749 to $359,562 ...... 102,240 2023 ...... 21 289.5 6.1 $301,686 to $359,499 ...... 132,480 2024 ...... 0 289.5 6.1 0...... 132,480

Lifetime Impacts (sum of 2020– 92 3,764 79.2 $3.2 to $3.5 million (2005$) 2035). ($3.9 to $4.2 million 2015$) * Costs were modeled in 2005$; lifetime impacts were converted in the final step of the analysis. Lower value of costs impacts estimated with a behavioral modeling approach, upper value estimated with a full-cost pass-through modeling approach. See ‘‘Assessment Analysis: Final Marine CI Tier 4 Rule,’’ EPA memorandum from Jean Marie Revelt, to Docket EPA–HQ–OAR–2018–0638 for details.

These forgone emission reductions are rule for additional discussion regarding • Allows boat builders to build associated with forgone improvements reduced form benefit per ton values.12 vessels qualifying for relief based on a less challenging requirement for in human health. Using reduced form V. Response to Comments health benefit per-ton values,10 we minimum power density. • estimate that the annual PM -related As described in Section II, the Specifies a lower power density to 2.5 proposed rule focused on providing forgone benefits do not exceed a high- qualify for a reduced useful life for relief for specific applications where certifying Tier 4 ‘‘light-commercial’’ end estimate of $3.0 million in any limited engine availability may be given year (2015$, 3% discount rate, engines. preventing boat builders from making • Adds an option to certify certain mortality effect estimate derived from certain types of high-speed vessels. The commercial engines with the E5 duty Lepeule et al., 2012). The total present proposed rule accordingly described cycle that previously was used only for value of the stream of forgone benefits regulatory amendments to allow certifying recreational engines. ranges from $9.8 million to $31 million. additional lead time only for certain Each of these minor modifications from Reduced form tools, by their nature, types of vessels, based on several the proposal is intended to ensure that are subject to uncertainty.11 In addition engine-related and vessel-related the relief provisions will accomplish the to the uncertainties present across the qualifying criteria. intended objective. entire emissions-to-impact modeling Section III describes the regulatory B. Commenters Wanting To Expand the pathway, it is important to note that the amendments for this final rule and addresses comments that relate directly Scope of Relief for High-Speed Vessels monetized benefit per ton estimates to those provisions. This Section V used here reflect the geographic patterns Several boat builders and boat addresses comments that apply more of the underlying emissions and air operators suggested that we broaden the generally, or that are outside the scope scope of the rule to provide additional quality modeling assumptions used to of the proposed rule. create the reduced form health benefit relief for a wider range of high-speed per ton values. Those assumptions do A. Commenters Generally Supporting vessels for which certified Tier 4 not necessarily reflect the conditions of the Rule engines were not available. This included general recommendations to the policy scenario in which they are The Truck and Engine Manufacturers allow relief for all high-speed vessels applied, which can lead to an over- or Association (EMA) and multiple state ′ organizations commented in support of longer than 65 and for all emergency- underestimate of benefits. In this rule, response vessels (or all publicly owned for example, the forgone benefits may be the proposed rule to provide Tier 4 relief for certain high-speed vessels. vessels). Some commenters also overstated in a location like Maine, described the need for relief for very because there will be some transport of Maritime Partners stated that they did not oppose the proposed rule. Each of specific applications, such as hovercraft emissions offshore or to areas external and catamarans with certain to the United States with different these comments also noted that EPA should not expand the relief beyond characteristics. Commenters also population and geographic what was proposed. advocated for allowing Phase 2 relief for characteristics. See the Final In line with these comments, we are vessels with metal hulls. Assessment Analysis prepared for this taking the approach of finalizing the To prepare the proposed rule, we did narrowly crafted relief from the an in-depth investigation of 10 PM2.5-related health benefits are estimated by proposed rule. Section III describes how information, perspectives, constraints, applying sector-specific (C1/C2 marine vessel we made several minor adjustments and prospects for developments related engine) benefit per ton values for NOX and directly- to the vessels and engines that we emitted PM2.5 using a source apportionment following the proposal. For example, the approach that is similar to what has been used in final rule— identified in the proposed rule. That led past EPA analyses. See: Wolfe, P., Davidson, K. • Includes vessels that are subject to us to carefully construct the qualifying Fulcher, C., Fann, N., Zawacki, M., Baker, K.R. Coast Guard inspections as qualifying criteria to allow relief where the need (2018). Monetized health benefits attributable to mobile source emission reductions across the for relief. was evident, and to disallow relief United States in 2025. STOTEN, 650 (2019) 2490– where we expected vessel 2498, September. 12 See ‘‘Final Assessment Analysis: Amendments manufacturers to have access to Tier 4 11 See EPA (2018). Technical Support Document: Related to Marine Diesel Engine Emission engines that were suitable for those Estimating the Benefit per Ton of Reducing PM2.5 Standards,’’ EPA memorandum from Jean Marie applications. We also used available Precursors from 17 Sectors. Office of Air and Revelt, EPS, Kenneth Davidson, PS, and Margaret Radiation, Office of Air Quality Planning and Zawacki, EE, to Docket EPA–HQ–OAR–2018–0638, information to determine the Standards, Research Triangle Park, February. August 12, 2020. appropriate duration of the relief period

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and to quantify the economic and standards did not involve unreasonable EPA notes that MAN has recently environmental impacts of providing costs. certified a 24-liter engine with high relief for qualifying vessels and engines. Regarding ALA’s comments on the power density for use in commercial The result was the proposed forgone environmental benefits, we boat applications, and that some arrangement of Phase 1 and Phase 2 quantified the estimated environmental additional lead time will be necessary qualifying criteria and the impacts of this rule using the methods for vessel builders to incorporate this corresponding schedule for delaying and data we used in our 2008 final rule; engine into their designs. We anticipate implementation of the Tier 4 standards. see Section IV. Allowing boat builders that further developments in certifying It is appropriate to focus this final to use Tier 4 engines for a longer phase- additional engine models to Tier 4 rule on solving the problems that were in period is expected to increase annual standards will make it possible to 13 the basis of the proposed rule. This will in NOx and PM10 emissions by about eventually realize most or all of the allow us to quickly finalize the relief for 108 and 2.3 short tons, respectively, in anticipated emission reductions the vessels targeted in the proposed 2020 and 2021, when both sets of anticipated in the 2008 rule. engines are affected, decreasing to 37 rule. Repeating the process of defining 2. Availability of Suitable Tier 4 Engines qualifying criteria and setting an and 1 ton, respectively, in 2022 and appropriately revised implementation 2023, when only engines 600–1,000 kW MAN objected to EPA acknowledging schedule for additional vessel types are affected. EPA talked with several widespread use of SCR in marine would require additional information boat builders who indicated that they applications, and then providing relief gathering and stakeholder outreach. simply cannot build boats at this time based on SCR not being available for marine engines. More specifically, MAN Commenters raised several concerns because certified Tier 4 engines in the argued that they and other about boat builders’ ability to find and necessary power range are unavailable. manufacturers have certified a range of install Tier 4 engines in certain types of This means that at least some part of the fleet of commercial boats with high Tier 4 engines that provide suitable vessels. As described in Section VII, we power options for the vessels EPA are not adopting relief in this rule to power density engines is prevented from turning over to cleaner Tier 4 identified as needing relief. MAN address these concerns, but we are emphasized that EPA’s relief provisions rather intending to further investigate engines, and that in at least some of these cases unregulated engines or Tier would prevent them from being able to the need additional relief. If we pursue sell their Tier 4 engines after investing additional relief for certain types of 1 or Tier 2 engines with higher emission levels will continue to operate in the substantially to certify their engines. vessels, this would be in the form of a EPA was not suggesting that SCR is new proposal that would consider the fleet. While it is not possible to know how many of these previous-tier vessels not an appropriate technology for comments we received in the context of marine engines. However, boat builders this rule. are not being replaced, it is reasonable to observe that replacing these boats need engine manufacturers to develop A similar assessment applies for the with new boats powered by Tier 3 properly sized compliant engines and comments describing a need for lobster engines is preferable to having the older certify them to Tier 4 standards before boats to be permanently excluded from vessels continue in the fleet. This is they do the necessary design work to Tier 4 requirements. We are adopting because the older vessels that need to be install those engines into their vessels. the Phase 2 relief consistent with the replaced are likely to have engines that In this rule, EPA is responding to the proposed rule to address what we know pre-date the Tier 3 standards: Tier 2 or, engine manufacturers’ delayed schedule about concerns for building boats with even more likely, pre-control engines. for certifying Tier 4 engines. Tier 4 engines. In any subsequent As such, these vessels are likely to have Specifically, before the Tier 4 standards proposal, we would also consider much higher emissions than vessels went into effect in 2017, engine revisiting the decision in this rule to powered by Tier 3 engines. Replacing manufacturers offered several marine require installation of Tier 4 engines in these vessels with vessels powered by diesel engine models for use in a wide lobster boats and other vessels meeting Tier 3 engines would reduce air variety of commercial boats. However, the Phase 2 criteria starting in 2024. emissions from the sector. when the Tier 4 standards went into C. Commenters Opposed to the Rule Regarding MAN’s comment on costs, effect, the market was characterized by the basis for the proposed changes to the the absence of certified engines. For Some commenters objected to program was to respond to the concerns whatever reason, engine manufacturers providing any relief from the Tier 4 of boat builders that they could not chose not to carry out the development standards. We address each of these build new boats due to the non- programs necessary to apply SCR or comments in the following sections availability of compliant engines. EPA other Tier 4 technology to these smaller based on the main arguments presented. was aware of the challenges of certifying engines and to certify those engines in 1. General Issues 600–1400 kW engines when we adopted large enough quantities to maintain this the 2008 rule, which was the basis for section of the marine diesel market. Our The American Lung Association allowing the greatest lead time for these decision to propose relief was (ALA) and an anonymous commenter engines. It is straightforward to accordingly based on the availability of stated that EPA should keep the Tier 4 conclude that boat builders have not certified engines, not on a judgment as standards as adopted to realize the been able to build the identified types to whether SCR is an inappropriate important environmental gains from of vessels because engine manufacturers technology for marine installations. improved emission control. They argued Engine manufacturers have now had not produced many of the same that manufacturers have had enough certified 20-liter, 24-liter and 32-liter engine models in a Tier 4 configuration time to produce compliant engines and engines to the Tier 4 standards (Table 4 that they had previously produced in a vessels, and that EPA should not revise identifies the Tier 4 engines that are Tier 3 configuration for use in these the rules to reduce costs to industry. available). Currently certified Tier 4 vessel types. MAN objected to EPA providing relief engines larger than 32-liter reach high based on the increased cost of Tier 4 13 Consistent with the 2008 Rule, this inventory power density only for ratings well engines in light of their understanding analysis is for PM10. In the 2008 rule, PM2.5 was above 1,400 kW. We anticipate that that certifying engines to Tier 4 estimated at 97% of PM10. engine manufacturers will certify

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additional engine models with different with 24-liter engines. Previous designs changes to be able to build a boat that displacements and power ratings in the for this type of vessel included a pair of meets performance specifications with years ahead. The 65′ pilot boat that 32-liter engines, which may give an the Tier 4 engine configuration. In Savannah Bar Pilots want to build appropriate balance of power, weight, recognition that additional certified Tier illustrates the need for relief. Vigor, the and durability, but 32-liter engines with 4 engines are now becoming available boat builder for Savannah Bar Pilots, after treatment and associated hardware for consideration by boat builders, EPA commented that this boat would not would require the boat builder to is providing only temporary, limited meet performance specifications related substantially redesign the vessel. Boat relief from the Tier 4 standards. to speed and annual operating hours builders need time to make those

TABLE 4—CURRENTLY CERTIFIED TIER 4 ENGINES BELOW 1400 KW

Maximum Manufacturer Displacement power Power density (liters) (kW) (kW/liter)

Yanmar ...... 20.4 670–749 33–37 MAN ...... 24.2L 746–1,066 31–44 Baudouin ...... 32.1L 900–1,215 28–38 Caterpillar ...... 32L 746–1,082 23–35 Mitsubishi ...... 49L 940 19 Caterpillar ...... 57.6L 1,000–1,772 17–31

3. Vessel Redesign for Lobster Boats 4 engines, may choose instead to build D. River Towing MAN described their 24-liter engine a boat with a smaller engine certified to The American Waterways Operators as being a suitable option for lobster Tier 3 standards. Other boat owners may and some of its members commented on boats if boat builders make a reasonable choose to keep their older boats running the proposed rule to suggest that river effort to redesign vessels to account for instead of buying new boats with Tier pushboats also needed additional time the additional size and heat rejection 4 engines, and possibly repowering with to comply with Tier 4 standards. associated with exhaust after treatment. previous tier engines when needed.14 Commenters mainly cited reliability We have learned that a full-size The purpose of the relief provisions we concerns for Tier 4 engines operating in lobster boat is normally 45–50′ long are adopting in this rule is to avoid a river environment (i.e., operating at with a single 16–18 liter engine that has these unintended consequences by high load when pushing against the a power rating of 700–750 kW. These giving engine manufacturers more time river current, low load when operating Tier 4 engines with exhaust to address the power needs for high- with the river current), the challenge of aftertreatment will require boat builders speed vessels while allowing boat redesigning this type of vessel to use to substantially redesign their vessels builders to continue to build boats with Tier 4 engines, the additional just to make room for a larger engine Tier 3 engines in the interim. To the complexity of operating and package. That would be a considerable extent these unintended consequences maintaining Tier 4 engines with challenge with 16–18 liter engines. Boat would play out in the marketplace in advanced electronic controls and builders would not be able to install the the absence of this rulemaking, there aftertreatment, the limited available Tier larger 24-liter engine with exhaust could be associated cost and emission 4 engine models, and access to diesel aftertreatment in these vessels without impacts in the absence of this exhaust fluid on inland rivers. They also extensive structural changes. The vessel rulemaking. However, these costs are expressed concerns about the aggregate redesign would also need to address unclear and EPA’s impacts assessment costs of purchasing, installing, and concerns about higher engine room described in Section IV only models using Tier 4 engines. temperatures, water reversion that could costs and disbenefits directly related to These comments contrasted with damage SCR catalysts, and storing this rule. those from Maritime Partners, who said Diesel Exhaust Fluid (DEF), among that engine manufacturers and multiple other things. Boat builders may be able 4. DEF Availability boat builders are actively engaged with to redesign their vessels to address all substantial investments to design and MAN commented that DEF is widely these concerns, but they need to have build river pushboats with Tier 4 available and EPA should therefore not clear specifications from the engine engines. extend compliance deadlines based on manufacturers before they undertake We did not propose to make any limited access to DEF. such redesign and, in any event, are not changes to the Tier 4 standards or likely to be able to successfully As described above, the proposed implementation schedule for river accomplish this for building boats in relief is based on the limited availability pushboats and are therefore not in a 2023 or earlier. They may even need of certified Tier 4 engines suitable for position to adopt relief provisions for more lead time than we are adopting in use in certain high-speed vessels. Some those vessels in this rule. We may take this rule. This is the basis to allow for commenters advocated for relief from further action to address these concerns the possibility that boat builders will Tier 4 emission standards based on in any follow-on action we consider as not be able to install Tier 4 engines in limited access to DEF, but DEF supply described in Section VII. 2024 and later model years by providing and infrastructure were not considered E. Replacement Engines the waiver provisions discussed in in the proposed rule. These issues are Section III.D. therefore outside the scope of this rule. Gladding-Hearn Shipbuilding and the It should be noted that some lobster Passenger Vessel Association requested boat builders (and boat purchasers), 14 See EPA–HQ–OAR–2018–0638–0054 and EPA– that we revise the regulation to allow faced with a requirement to install Tier HQ–OAR–2018–0638–0055. vessel owners to replace old engines

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under the replacement engine engine must be considered, and then a The National Association of Clean Air exemption under 40 CFR 1068.240, but Tier 1 engine. Because new replacement Agencies (NACAA) encouraged us to keep the old engine as a spare to engines prolong the life of older vessels prioritize and take action to establish minimize downtime in anticipation of and delay the turnover of the fleet to more stringent marine emission an emergency engine failure. The cleaner engines, this requirement is an standards for engines below 600 kW, commenters stated that such an engine important means of making incremental and to consider adopting emission failure without a spare engine could be improvements in emission controls from standards that harmonize with more economically devastating. the marine fleet. stringent standards that apply outside These commenters are describing In the context of swing engines, if an the United States where possible. Our ‘‘swing’’ engines. EPA clarified our engine in the fleet experiences engine 2008 final rule described the challenges approach to swing engines in our 2008 failure, the owner would remove the associated with applying Tier 4 rulemaking in response to the concerns failed engine, install the swing engine, standards to commercial marine engines of commenters on that rule (73 FR and use the exemption for new below 600 kW and the boats that use 37158, June 30, 2008). Some ship replacement engines to become the next them and, to our knowledge, these owners said that they currently use swing engine. This would require challenges have not been resolved. EPA swing engines in their regular returning the failed engine to the engine does not have plans to revisit those operations and that the application of manufacturer as a core exchange. The emission standards at this time; our replacement engine provisions engine manufacturer may restore the however, we will continue to evaluate would prevent them from continuing failed engine to a working condition and whether or when it is appropriate to this practice. In our 2008 rule, we resell it, subject to the conditions that apply more stringent emission standards clarified that we allow swing engines as apply under 40 CFR 1068.240. The for engines below 600 kW. Similarly, we a maintenance practice when the swing regulation does not allow the owner to will continue to evaluate whether or engines are additional engines retain ownership of the original engine when it is appropriate to adopt more purchased at the time the vessel is after it has been replaced with an stringent emission standards that would constructed and are clearly intended to exempted engine under 40 CFR allow engine manufacturers to make a be part of an engine maintenance 1068.240, even if it could otherwise be single low-emission engine that strategy for that vessel. In a qualifying rebuilt for use as a swing engine. simultaneously complies with emission swing engine fleet, when one of the Note that if the owner is replacing the standards adopted by multiple vessel’s engines is due for rebuild, it is old engine with a used engine, rather regulating agencies. removed from the vessel and replaced than a new engine, the only regulatory EMA commented that dedicated with an engine from the swing engine constraint is that the replacement direct-drive fire pumps should be group. The removed engine is rebuilt engine may not be certified to a lesser permanently exempted from Tier 4 and then becomes the next swing standards because their use is limited to engine. The swing engine must be the tier of standards than the engine it is replacing (see 40 CFR 1068.120). emergency operations (plus limited same emission tier as the original engine maintenance and testing). EMA on the vessel, and it is subject to EPA’s However, that used engine may be subject to EPA’s marine diesel engine provided no detailed justification for marine diesel engine remanufacturing not meeting Tier 4 standards and requirements when it is rebuilt. Note remanufacture program when it is rebuilt (see 40 CFR part 1042, subpart I). provided no information that would that if a swing engine is replaced with help us assess the economic or a new engine, both engines are subject These comments on replacement environmental impacts of such a change to the engine replacement provisions in engines are outside the scope of the to the regulation. This comment is 40 CFR 1042.615 and 1068.240. proposed rule. However, we want to The commenters are requesting that take the opportunity to emphasize that outside the scope of this rulemaking. they be allowed to designate an engine EPA’s swing engine program is well We are not taking action in this final as a swing engine at the time the engine established and that the Agency has no rule to address the request. is replaced, by retaining the rebuilt plans to revise those regulatory NACAA recommended that we original engine, thus exempting the provisions. provide a more geographically resolved estimation of the lost emission engine from the provisions for new F. Other Comments replacement engines. We disagree with reductions, at least on the regional level. this request, as it undermines the State groups submitted comments We have concluded that it is not purpose of the replacement engine stating that EPA would need to adopt possible to provide a more provisions in our marine diesel engine alternative control measures to make up geographically resolved estimation of program. Currently, if an owner installs for forgone emission reductions that are the forgone emission reductions without a new replacement engine, the new already in state plans for meeting air knowing the precise location of the engine must meet the most stringent tier quality standards. We originally boats that take advantage of the of standards feasible for installation on adopted emission standards for marine additional lead time. As explained in a boat.15 Thus, a new replacement diesel engines to comply with our Clean the economic and environmental engine for a vessel built in 1995 would Air Act authority to set emission impacts analysis prepared for this rule, need to meet at least Tier 3, unless it can standards requiring the greatest we estimate that if all the annual be established that a Tier 3 engine achievable degree of emission control. emissions for the 600–1,000 kW engines cannot be used in the vessel because of The relief provisions we are adopting are attributed to Maine, the forgone the physical or performance needs of are based on this same assessment of emissions from Tier 4 relief would the vessel, at which point a Tier 2 what is feasible. We will consider every amount to about 0.4 percent and 0.1 opportunity to require emission percent of those state-wide NOX and 15 As stated in 40 CFR 1042.615, EPA has reductions from marine diesel engines PM10 emissions, respectively. Similarly, determined that engines certified to Tier 4 and other sectors, but emissions if all the annual emissions for 600–1,000 standards do not have the appropriate physical or kW engines are attributed to Georgia, performance characteristics to replace uncertified accounting does not change our engines or engines certified to emission standards assessment of what boat builders can do the forgone emissions from Tier 4 relief that are less stringent than the Tier 4 standards. to comply with the Tier 4 standards. would amount to about 0.13 percent and

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0.03 percent of those state-wide NOX million. The estimated cost savings available engines, both to determine 16 and PM10 emissions, respectively. would increase by $3.3 million, using a which vessels warrant relief and to behavioral modeling approach, or $3.6 VI. Regulatory Alternatives determine how long the relief period million, using a full-cost, pass-through should be. The proposed rule described the basis approach (2015$), over the estimated for pursuing additional lead time for Finally, we will also consider whether cost savings associated with the final further changes to certification meeting Tier 4 requirements for certain adopted program. engines and vessels where it was requirements are necessary to encourage apparent that there was no feasible path VII. Plans for Further Action greater availability of relevant engines. for compliance. The relief provisions in In response to our proposal, we This is of particular concern for engines this rule are narrowly crafted to address received several comments from with total displacement below 20 liters, the concerns communicated by boat industry stakeholders who indicated where the absence of Tier 4 certified builders leading up to the proposed that relief is also needed for other vessel engines is most pronounced. In our rule. These provisions include a waiver types. These include catamarans, assessment, we will also consider the process for vessels meeting the Phase 2 hovercraft, some types of emergency progress that engine manufacturers have criteria as described in Section III.B for response boats, and push boats. made toward certifying marine diesel 2024 and beyond. In the proposal, we Specifically, hovercraft have design engines to the IMO Tier III or EU Stage also requested comment on an specifications for lifting the vessel up V standards. Our assessment may also alternative approach of adopting a new out of the water that require engines to include consideration of adjusting NOX, Tier 4 start date of 2028 for vessels fall into a narrow range of power, size, HC, CO, or PM standards, revising the meeting the Phase 2 criteria. and weight. Similarly, catamarans with durability testing provisions for As described in Section V, adding hydrofoils need to use light-weight certification, and expanding the scope several years of lead time would not be components and materials to achieve of Tier 4 to apply to engines below 600 an effective way to support the engine the lift necessary to operate properly. kW. manufacturers’ development and Also, fire boats and other emergency In any future action, we would also certification programs for Tier 4 response vessels sometimes need to consider whether to make further engines. The waiver process is achieve very high speeds, which in turn regulatory changes to address the preferable because it allows us to limit requires very compact and light-weight request for a long-term and sustainable relief in 2024 and later to cases in which engines with very high power output. set of requirements for lobster boats and there are no suitable engines certified to For these and similar applications, boat similarly affected vessels. the Tier 4 standards. If an engine builders indicated that they may not be manufacturer certifies an engine model able to move ahead with new As described in Section V, some that is suitable for powering vessels that construction with available Tier 4 operators of river boats continue to be would otherwise meet the specified engines. concerned about complying with Tier 4 Phase 2 criteria, it would be appropriate The issues raised by these requirements. These concerns are very to deny the waiver request. commenters are complex. It will take different than those that apply to We have calculated the emission some time to carefully consider an installing Tier 4 engines in high-speed impacts associated with an alternative appropriate policy direction and, if vessels. Rather, boat builders and 2028 Tier 4 start date for vessels necessary, prepare a new proposal with operators will need time to work out meeting the Phase 2 criteria.17 Adopting specific additional relief provisions. design, installation, and operational this regulatory alternative would have Rather than delay the relief as described issues with newly configured engines in increased the estimated total forgone in the proposed rule, we will consider a river environment. We will continue inventory benefits of the proposal by the issues raised by these stakeholders to monitor progress toward compliance about 1,760 additional short tons of separately. As a result, we will continue for river pushboats that are subject to NOX and 37 additional short tons of to consider whether and how to Tier 4 requirements. We will also learn, PM10 above the estimated inventory formulate Tier 4 relief provisions for along with the industry, how Tier 4 increases associated with the final these vessels. We will be reaching out compliance requirements are affecting program adopted in this final rule. to stakeholders to better understand the ability of operators to safely and Using reduced form health benefit per their concerns and determine whether effectively deliver products on the ton values, we estimate that the annual we can develop a set of narrow inland waterway system. PM2.5-related forgone benefits for this qualifying criteria to allow relief where regulatory alternative could be up to a it is needed while continuing to require VIII. Statutory and Executive Order high-end estimate of $4.4 million in any installation of Tier 4 engines where Reviews relief is not needed. The appropriate given year (2015$, 3% discount rate, Additional information about these measure for evaluating the need for mortality effect estimate derived from statutes and Executive Orders can be Lepeule et al., 2012). The total present relief is whether certified Tier 4 engines found at http://www2.epa.gov/laws- value of the stream of forgone benefits will be available with the appropriate regulations/laws-and-executive-orders. ranges from $13.5 million to $44.6 power characteristics to meet performance specifications, after A. Executive Order 12866: Regulatory 16 See ‘‘Final Assessment Analysis: Amendments accounting for reasonable measures to Planning and Review and Executive Related to Marine Diesel Engine Emission redesign vessels to account for engines Order 13563: Improving Regulation and Standards,’’ EPA memorandum from Jean Marie with exhaust aftertreatment. Revelt, EPA, Kenneth Davidson, PS, and Margaret Regulatory Review Zawacki, EE, to Docket EPA–HQ–OAR–2018–0638, In this future assessment, we will August 12, 2020. need to take into consideration This is a significant regulatory action 17 See ‘‘Final Assessment Analysis: Amendments currently certified engines and the that was submitted to the Office of Related to Marine Diesel Engine Emission efforts that engine manufacturers intend Management and Budget (OMB) for Standards,’’ EPA memorandum from Jean Marie review. Any changes made in response Revelt, EPA, Kenneth Davidson, PS, and Margaret to make to certify relevant engines in Zawacki, EE, to Docket EPA–HQ–OAR–2018–0638, the foreseeable future. We will need to to OMB recommendations have been August 12, 2020. carefully assess the expected range of documented in the docket.

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B. Executive Order 13771: Reducing substantial number of small entities have a significant adverse effect on the Regulations and Controlling Regulatory under the RFA. In making this supply, distribution, or use of energy. Costs determination, the impact of concern is This action provides relief from current This action is considered an any significant adverse economic emission standards for a small number Executive Order 13771 deregulatory impact on small entities. An agency may of vessels and streamlines the process action. Details on the estimated cost certify that a rule will not have a for certifying engines. None of these savings of this final rule can be found significant economic impact on a changes are expected to significantly in EPA’s analysis of the projected costs substantial number of small entities if affect energy supply, distribution, or and benefits associated with this action. the rule relieves regulatory burden, has use. Section IV describes how we expect no net burden, or otherwise has a this rule to have a small overall C. Paperwork Reduction Act (PRA) positive economic effect on the small environmental impact. entities subject to the rule. This rule is The information collection activities J. National Technology Transfer and expected to provide regulatory in this rule have been submitted for Advancement Act (NTTAA) approval to the Office of Management flexibility to small owners and operators and Budget (OMB) under the PRA. The of U.S. vessels. We have therefore This rulemaking does not involve Information Collection Request (ICR) concluded that this action will have no technical standards. document that the EPA prepared has net regulatory burden for any directly K. Executive Order 12898: Federal been assigned EPA ICR number 2602.02. regulated small entities. Actions To Address Environmental You can find a copy of the ICR in the E. Unfunded Mandates Reform Act Justice in Minority Populations, and docket for this rule, and it is briefly (UMRA) Low-Income Populations summarized here. The information This action does not contain any This action does not have collection requirements are not unfunded mandate as described in disproportionately high and adverse enforceable until OMB approves them. UMRA, 2 U.S.C. 1531–1538, and does human health or environmental effects OMB has previously approved the not significantly or uniquely affect small on minority populations, low-income information collection activities related governments. The action imposes no populations or indigenous peoples, as to marine diesel engine emission enforceable duty on any state, local, or specified in Executive Order 12898 (59 standards in 40 CFR part 1042 under tribal governments or the private sector. FR 7629, February 16, 1994). Section IV OMB control number 2060–0287. describes how this action will have a Information collection is limited to F. Executive Order 13132: Federalism very small impact on all populations. manufacturers of qualifying high-speed This action does not have federalism vessels requesting a waiver from the implications. It will not have substantial L. Congressional Review Act (CRA) Tier 4 standards after the standards direct effects on the states, on the This action is subject to the CRA, and restart in model year 2024. We are relationship between the national EPA will submit a rule report to each adopting this as a precaution, in case government and the states, or on the House of the Congress and to the engine certification and further distribution of power and Comptroller General of the United technology development for installing responsibilities among the various States. This action is not a ‘‘major rule’’ Tier 4 engines does not allow for levels of government. as defined by 5 U.S.C. 804(2). complying with standards in 2024. We will protect confidential business G. Executive Order 13175: Consultation List of Subjects in 40 CFR Part 1042 information as described in 40 CFR part and Coordination With Indian Tribal Environmental protection, 2. Governments Administrative practice and procedure, Respondents/affected entities: This action does not have tribal Air pollution control, Confidential Manufacturers of high-speed vessels. implications as specified in Executive business information, Imports, Labeling, Respondent’s obligation to respond: Order 13175. This rule will be Penalties, Reporting and recordkeeping Response is required to get EPA’s implemented at the Federal level and requirements, Vessels, Warranties. approval for a waiver from Tier 4 affects owners and operators of U.S. Andrew Wheeler, standards. vessels. Thus, Executive Order 13175 Estimated number of respondents: 0. does not apply to this action. Administrator. Frequency of response: There are no For the reasons set forth above, EPA recurring responses. H. Executive Order 13045: Protection of amends 40 CFR part 1042 as follows: Total estimated burden: 0 hours (per Children From Environmental Health year). Burden is defined at 5 CFR Risks and Safety Risks PART 1042—CONTROL OF EMISSIONS 1320.3(b). This action is not subject to Executive FROM NEW AND IN-USE MARINE Total estimated cost: $0 per year, Order 13045 because it is not COMPRESSION-IGNITION ENGINES including $0 per year in annualized economically significant as defined in AND VESSELS capital or operation & maintenance Executive Order 12866, and because the ■ 1. The authority citation for part 1042 costs. EPA does not believe the environmental continues to read as follows: An agency may not conduct or health or safety risks addressed by this sponsor, and a person is not required to action present a disproportionate risk to Authority: 42 U.S.C. 7401–7671q. respond to, a collection of information children. This action’s health and risk ■ 2. Section 1042.145 is amended by unless it displays a currently valid OMB assessments are described in Section IV. adding paragraphs (k) through (o) to control number. The OMB control read as follows: numbers for the EPA’s regulations in 40 I. Executive Order 13211: Actions CFR are listed in 40 CFR part 9. Concerning Regulations That § 1042.145 Interim provisions. Significantly Affect Energy Supply, * * * * * D. Regulatory Flexibility Act (RFA) Distribution, or Use (k) Adjusted implementation dates for I certify that this action will not have This action is not a ‘‘significant Tier 4 standards. Engines and vessels a significant economic impact on a energy action’’ because it is not likely to may qualify for delaying the Tier 4

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standards specified in § 1042.101 as (1) The subject vessels and engines and 1.4 for HC and CO, and an additive follows: must meet the qualifications of value of 0.003 g/kW-hr for PM, unless (1) The delay is limited to model year paragraph (k)(2) of this section. we approve your request to use different 2021 and earlier engines and vessels (2) Vessel manufacturers must send a values. We will approve your proposed that meet all the following written request for the exemption to the values if we determine based on data characteristics: Designated Compliance Officer. The from similar engines and supporting (i) Category 1 propulsion engines with request must describe efforts taken to rationale you submit with your request specific power density above 27.0 kW/ identify available engines certified to that they better represent your engines. liter, up to maximum engine power of the Tier 4 standards, describe design (o) Useful life for light-commercial 1,400 kW. efforts for installing engines in the engines. You may certify commercial (ii) Vessels have total propulsion subject vessels, identify the number of Category 1 engines at or above 600 kW power at or below 2,800 kW. vessels needing exempt engines, with power density above 45.00 kW/ (iii) Vessel waterline length is at or demonstrate that the vessel cannot meet liter to the exhaust emission standards below 65 feet. essential performance specifications of this part over a full useful life of 10 (iv) Vessels have a maximum speed using available Tier 4 engines, and state years or 5,000 hours of operation (in knots) at or above 3.0 · L1/2, where L that engine and vessel manufacturers instead of the useful-life values is the vessel’s waterline length, in feet. will meet all the terms and conditions specified in § 1042.101(e). Engines (2) The delay also applies through that apply. We may approve an certified to this shorter useful life must model year 2023 for engines and vessels exemption from the Tier 4 standards be in their own engine family. that meet all the following based on the submitted information. ■ 3. Section 1042.505 is amended by characteristics: (3) Engine manufacturers may ship revising paragraphs (b) introductory text (i) Category 1 propulsion engines with exempt engines under this paragraph and (b)(2) to read as follows: specific power density above 35.0 kW/ (m) only after receiving a written liter, up to maximum engine power of request from a vessel manufacturer who § 1042.505 Testing engines using discrete- mode or ramped-modal duty cycles. 1,000 kW. has received our written approval to (ii) Vessels have total propulsion build a specific number of vessels. The * * * * * power at or below 1,000 kW. prohibitions in 40 CFR 1068.101(a)(1) (b) Measure emissions by testing the (iii) Vessel waterline length is at or do not apply to a new engine that is engine on a dynamometer with the below 50 feet. subject to Tier 4 standards, subject to following duty cycles (as specified) to (iv) Vessels have a maximum speed the following conditions: determine whether it meets the (in knots) at or above 3.0 · L1/2, where L (i) The engine meets the appropriate emission standards in § 1042.101 or is the vessel’s waterline length, in feet. Tier 3 emission standards in § 1042.101 § 1042.104: (v) Vessels have fiberglass or other consistent with the provisions specified * * * * * nonmetal hulls. in 40 CFR 1068.265. (2) Duty cycle for engines with high (ii) The engine is installed on a vessel (3) Vessel manufacturers must have a power density. Except as specified in consistent with the conditions of this contract or purchase agreement signed paragraph (b)(3) of this section, use the paragraph (m). before the end of the relief period for 5-mode duty cycle or the corresponding (iii) The engine meets the labeling ramped-modal cycle described in each vessel produced under this requirements in § 1042.135, with the paragraph (k). paragraph (b) of Appendix II of this part following statement instead of the for light-commercial engines and (4) Affected engines must instead be compliance statement in certified to the appropriate Tier 3 recreational marine engines with § 1042.135(c)(10): maximum engine power at or above 37 emission standards specified in THIS MARINE ENGINE DOES NOT § 1042.101. Engine manufacturers may kW. You may also use this duty cycle COMPLY WITH CURRENT U.S. EPA for other commercial engines instead of include engine configurations with EMISSION STANDARDS UNDER 40 maximum engine power below 600 kW the duty cycle specified in paragraph CFR 1042.145(m). ANY OTHER (b)(1) of this section if the power density in the same engine family even if the INSTALLATION OR USE OF THIS power density is below the value for every configuration in an engine ENGINE MAY BE A VIOLATION OF family is above 30.0 kW/liter. specified in paragraph (k)(1) or (2) of FEDERAL LAW SUBJECT TO CIVIL this section. PENALTY. * * * * * (5) If you introduce an engine into (n) Assigned deterioration factors. ■ 4. Section 1042.901 is amended by U.S. commerce under this section, you Engine manufacturers may use assigned adding definitions in alphabetical order must meet the labeling requirements in deterioration factors for certifying Tier 4 for ‘‘Light-commercial marine engine’’ § 1042.135, but add the following engines with maximum power up to and ‘‘Waterline length’’ to read as statement instead of the compliance 1,400 kW, as follows: follows: statement in § 1042.135(c)(10): (1) For engine families that have at § 1042.901 Definitions. THIS MARINE ENGINE COMPLIES least one configuration with maximum WITH U.S. EPA TIER 3 EMISSION engine power at or below 1,400 kW and * * * * * STANDARDS UNDER 40 CFR power density above 30.0 kW/liter, you Light-commercial marine engine 1042.145(k). ANY OTHER may use assigned deterioration factors means a Category 1 propulsion marine INSTALLATION OR USE OF THIS through model year 2024. engine at or above 600 kW with power ENGINE MAY BE A VIOLATION OF (2) For engine families that have at density above 45.0 kW/liter that is FEDERAL LAW SUBJECT TO CIVIL least one configuration with maximum certified with a shorter useful life based PENALTY. engine power at or below 1,000 kW and on its high power density. (l) [Reserved] power density above 30.0 kW/liter, you * * * * * (m) Tier 4 waiver. Starting with model may use assigned deterioration factors Waterline length means the horizontal year 2024, vessel manufacturers may through model year 2026. distance measured between request an exemption from the Tier 4 (3) The assigned deterioration factors perpendiculars taken at the forwardmost standards as follows: are multiplicative values of 1.1 for NOX and aftermost points on the waterline

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corresponding to the deepest operating This applies for a worst-case combination of a fully loaded vessel in draft (see ‘‘Length between freshwater in summer. perpendiculars’’ at 46 CFR 175.400). * * * * * [FR Doc. 2020–18621 Filed 10–1–20; 8:45 am] BILLING CODE 6560–50–P

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