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Tier 4 Standards in the Indicated Model Year Tuesday, June 29, 2004 Part II Environmental Protection Agency 40 CFR Parts 9, 69, et al. Control of Emissions of Air Pollution From Nonroad Diesel Engines and Fuel; Final Rule VerDate jul<14>2003 17:54 Jun 28, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\29JNR2.SGM 29JNR2 38958 Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules and Regulations ENVIRONMENTAL PROTECTION these devices are damaged by sulfur. in the index, some information is not AGENCY These fuel controls will be phased-in publicly available, i.e., CBI or other starting in mid-2007. Today’s nonroad information whose disclosure is 40 CFR Parts 9, 69, 80, 86, 89, 94, 1039, final rule is largely based on the restricted by statute. Certain other 1048, 1051, 1065, and 1068 Environmental Protection Agency’s material, such as copyrighted material, [OAR–2003–0012; FRL–7662–4] 2007 highway diesel program. is not placed on the Internet and will be To better ensure the benefits of the publicly available only in hard copy RIN 2060–AK27 standards are realized in-use and form. Publicly available docket throughout the useful life of these materials are available either Control of Emissions of Air Pollution engines, we are also adopting new test electronically in EDOCKET or in hard From Nonroad Diesel Engines and Fuel procedures, including not-to-exceed copy at the Air Docket in the EPA AGENCY: Environmental Protection requirements, and related certification Docket Center, EPA/DC, EPA West, Agency (EPA). requirements. The rule also includes Room B102, 1301 Constitution Ave., ACTION: Final rule. provisions to facilitate the transition to NW, Washington, DC. The Public the new engine and fuel standards and Reading Room is open from 8:30 a.m. to SUMMARY: Nonroad diesel engines to encourage the early introduction of 4:30 p.m., Monday through Friday, contribute considerably to our nation’s clean technologies and clean nonroad excluding legal holidays. The telephone air pollution. These engines, used diesel fuel. We have also developed number for the Public Reading Room is primarily in construction, agricultural, provisions for both the engine and fuel (202) 566–1744, and the telephone and industrial applications, are programs designed to address small number for the Air Docket is (202) 566– projected to continue to contribute large business considerations. 1742. amounts of particulate matter, nitrogen The requirements in this rule will FOR FURTHER INFORMATION CONTACT: oxides, and sulfur oxides, all of which result in substantial benefits to public contribute to serious public health health and welfare through significant Carol Connell, Assessment and problems in the United States. These reductions in emissions of nitrogen Standards Division, Office of problems include premature mortality, oxides and particulate matter, as well as Transportation and Air Quality, aggravation of respiratory and nonmethane hydrocarbons, carbon Environmental Protection Agency, 2000 cardiovascular disease, aggravation of monoxide, sulfur oxides, and air toxics. Traverwood Drive, Ann Arbor, MI existing asthma, acute respiratory We are now projecting that by 2030, this 48105; telephone number: (734) 214– symptoms, chronic bronchitis, and program will reduce annual emissions 4349; fax number: (734) 214–4050; e- decreased lung function. We believe of nitrogen oxides and particulate mail address: [email protected], or that diesel exhaust is likely to be matter by 738,000 and 129,000 tons, Assessment and Standards Division carcinogenic to humans by inhalation. respectively. These emission reductions Hotline; telephone number: (734) 214– Today, EPA is adopting new emission will prevent 12,000 premature deaths, 4636; e-mail address: [email protected]. standards for nonroad diesel engines over 8,900 hospitalizations, and almost SUPPLEMENTARY INFORMATION: and sulfur reductions in nonroad diesel a million work days lost, and will fuel that will dramatically reduce achieve other quantifiable benefits every Does This Action Apply To Me? harmful emissions and will directly year. The total benefits of this rule will help States and local areas recently This action may affect you if you be approximately $80 billion annually designated as 8-hour ozone produce or import new diesel engines by 2030. The substantial health and nonattainment areas to improve their air which are intended for use in nonroad welfare benefits we are projecting for quality. This comprehensive national vehicles or equipment, such as this final action exceed those we program regulates nonroad diesel agricultural and construction anticipated at the time of this proposal. engines and diesel fuel as a system. New equipment, or if you produce or import Costs for both the engine and fuel engine standards will begin to take such nonroad vehicles or equipment. It requirements will be many times less, at effect in the 2008 model year, phasing may also affect you if you convert approximately $2 billion annually. in over a number of years. These nonroad vehicles or equipment, or the standards are based on the use of DATES: This final rule is effective on engines used in them, to use alternative advanced exhaust emission control August 30, 2004. fuels. It may also affect you if you devices. We estimate particulate matter The incorporation by reference of produce, import, distribute, or sell reductions of 95 percent, nitrogen certain publications listed in this nonroad diesel fuel. oxides reductions of 90 percent, and the regulation is approved by the Director of The following table gives some virtual elimination of sulfur oxides from the Federal Register as of August 30, examples of entities that may have to nonroad engines meeting the new 2004. follow the regulations. But because standards. Nonroad diesel fuel sulfur ADDRESSES: EPA has established a these are only examples, you should reductions of more than 99 percent from docket for this action under Docket ID carefully examine the regulations in 40 existing levels will provide significant Nos. OAR–2003–0012 and A–2001–28. CFR parts 80, 89, 1039, 1065, and 1068. health benefits as well as facilitate the All documents in the docket are listed If you have questions, call the person introduction of high-efficiency catalytic in the EDOCKET index at http:// listed in the FOR FURTHER INFORMATION exhaust emission control devices as www.epa.gov/edocket. Although listed CONTACT section of this preamble: Category NAICS SIC Examples of potentially regulated entities codesa codesb Industry ............................................. 333618 3519 Manufacturers of new nonroad diesel engines. Industry ............................................. 333111 3523 Manufacturers of farm machinery and equipment. Industry ............................................. 333112 3524 Manufacturers of lawn and garden tractors (home). Industry ............................................. 333924 3537 Manufacturers of industrial trucks. Industry ............................................. 333120 3531 Manufacturers of construction machinery. VerDate jul<14>2003 17:54 Jun 28, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\29JNR2.SGM 29JNR2 Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules and Regulations 38959 NAICS Category SIC Examples of potentially regulated entities codesa codesb Industry ............................................. 333131 3532 Manufacturers of mining machinery and equipment. Industry ............................................. 333132 3533 Manufacturers of oil and gas field machinery and equipment. Industry ............................................. 811112 7533 Commercial importers of vehicles and vehicle components. 811198 7549 Industry ............................................. 324110 2911 Petroleum refiners. Industry ............................................. 422710 5171 Diesel fuel marketers and distributors. 422720 5172 Industry ............................................. 484220 4212 Diesel fuel carriers. 484230 4213 Notes: a North American Industry Classification System (NAICS). b Standard Industrial Classification (SIC) system code. How Can I Get Copies of This Outline of This Preamble B. Additional Requirements for Refiners Document and Other Related I. Overview and Importers Information? A. What Is EPA Finalizing? C. Requirements for Parties Downstream of B. Why Is EPA Taking This Action? the Refinery or Import Facility Docket. EPA has established an II. Nonroad Engine Standards D. Diesel Fuel Sulfur Sampling and Testing official public docket for this action A. What Are the New Engine Standards? Requirements under Docket ID No. OAR–2003–0012 at B. Are the New Standards Feasible? E. Selection of the Marker for Heating Oil http://www.epa.gov/edocket. The C. Why Do We Need 15ppm Sulfur Diesel F. Fuel Marker Test Method official public docket consists of the Fuel? G. Requirements for Record-keeping, Reporting, and PTDs III. Requirements for Engine and Equipment documents specifically referenced in H. Liability and Penalty Provisions for Manufacturers this action, any public comments Noncompliance A. Averaging, Banking, and Trading received, and other information related I. How Will Compliance With the Sulfur B. Transition Provisions for Equipment to this action. Although a part of the Standards Be Determined? Manufacturers VI. Program Costs and Benefits official docket, the public docket does C. Engine and Equipment Small Business A. Refining and Distribution Costs not include Confidential Business Provisions (SBREFA)
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