Federal Register/Vol. 85, No. 192/Friday, October 2, 2020/Rules
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62218 Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Rules and Regulations * * * * * 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. VerDate Sep<11>2014 16:39 Oct 01, 2020 Jkt 253001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Rules and Regulations 62219 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.