\185\ Clean Ports USA (see http://www.epa.gov/cleandiesel/ports
for further information).
---------------------------------------------------------------------------

    In addition, we evaluated several programmatic alternatives
including mandating the use of shoreside power in our CAA program,
pulling the effective date of the CAA Tier 3 standards ahead, and
various options for addressing emissions from existing engines. We also
considered action under the Clean Air Act to apply the Tier 3 standards
to foreign vessels that operate in the United States. However, as
explained in more detail in Section V.D, foreign vessels will be
required to comply with the Annex VI NOX and fuel sulfur
limits through U.S. ECA designation and therefore it is unnecessary to
take action under the Act at this time.
    The remainder of this section presents a summary of our analysis of
these alternative control scenarios. We are interested in comments on
each of these programmatic alternatives.

A. Mandatory Cold Ironing Requirement

    To provide earlier air quality benefits, some commenters suggested
adopting earlier Tier 3 NOX standards and fuel sulfur
limits, requiring standards for existing engines, and/or requiring the
use of shoreside power while ships are at dock (called ``cold-
ironing''). Shoreside power is an effective way to reduce emissions
from ships while they are at berth. The U.S. Navy is a pioneer and has
used cold-ironing successfully for many years. However, to be
successful, this strategy requires changes to both the ship and the
port. First, the ship must be equipped to use shore power through
changes to its equipment and electrical systems. The IMO, working with
the International Organization for Standardization (ISO), is currently
developing harmonized requirements for these systems, and we believe it
would be more effective for EPA to consider requiring such systems once
the technology is better defined.\186\ Second, the port terminal must
ensure that the electricity is available at the berths. This is a
significant barrier to the adoption of shoreside power on a national
basis. However, some port authorities already require cold-ironing for
frequent-calling vessels and are pursuing additional reductions from
shoreside port equipment. The Ports of Los Angeles, Long Beach,
Seattle, and Tacoma are among those with cold-ironing programs. EPA is
working with East Coast ports to develop plans for shoreside power as
part of port development plans.
---------------------------------------------------------------------------

    \186\ See MEPC 59/4/3 (9 April 2009), Response to IMO
Secretariat's invitation to ISO to make recommendations regarding
fuel characteristics and parameters addressing air quality, ship
safety, engine performance and crew health, Submitted by the
International Organization for Standardization (ISO).
---------------------------------------------------------------------------

B. Earlier Adoption of CAA Tier 3 Standards

    We considered a programmatic alternative that would pull ahead the
CAA Tier 3 NOX standard from 2016 to 2014. This would
require engine manufacturers to apply SCR two years earlier than they
would be required to under the MARPOL Annex VI program.
    This option presents serious technical feasibility challenges.
Beginning in 2011, manufacturers will be introducing

new engine-based technologies to meet the Tier 2 standards. We believe
that these new NOX-reducing technologies and emission
control approaches will also be the basis for Tier 3 engine designs. It
will be necessary for manufacturers to design, develop, and validate
these engine-based technologies before they can be used in conjunction
with exhaust aftertreatment or additional engine-based technologies
required to meet Tier 3 standards. Once these Tier 2 technologies are
mature and well-understood, they can be further refined and developed
for use with the additional NOX control technologies. The
original five-year period between Tier 2 and Tier 3 was deemed
challenging but feasible for engine manufacturers to design the Tier 3
engines and incorporate those engines into new vessel designs. For this
reason, we do not believe it is technically feasible to advance the
Tier 3 standards for new engines earlier.
    Nevertheless, if such an alternative were feasible, we can estimate
the inventory benefits associated with those earlier NOX
reductions. Cumulative NOX emission reductions for the
period 2014 to 2023 as a result of the coordinated strategy presented
in this Federal Register notice are estimated to be 3 million short
tons NOX reduction beyond the Tier 1 standards (Table IX-1).
Introducing the CAA Tier 3 standards two years earlier than proposed
would affect only U.S. vessels and would reduce an additional 0.07
million short tons of reduction of NOX beyond our
coordinated strategy through 2023. The method we used to estimate these
inventory impacts are presented in the draft RIA, Appendix 3B.

 Table IX-1--Comparison of NOX Reductions Through 2023 With Adoption of
                     CAA Tier 3 in 2016 Versus 2014
------------------------------------------------------------------------
                                                        NOX Emissions
                     Scenario                        through 2023 (short
                                                            tons)
------------------------------------------------------------------------
Base Case.........................................            10,494,636
(Tier 1 only NOX standards).......................
Primary Case......................................             7,515,389
(2016 NOX standards)..............................
Alternative 1.....................................             7,444,866
(2014 NOX standards for U.S. Vessels).............
------------------------------------------------------------------------

    Due to the technical concerns described above, our review of this
alternative leads us to conclude that advancing the introduction of the
Tier 3 NOX standards is not a feasible way to improve 2023
NOX reductions and could create significant problems for
implementation of the overall coordinated strategy. Nevertheless, we
request comment on this alternative and whether it could be modified to
improve its feasibility.

C. Standards for Existing Engines

    We examined a third programmatic alternative, including
improvements in NOX emissions from pre-2016 engines. A
control program for existing engines would help many areas, notably the
South Coast of California, to achieve their ozone and PM NAAQS goals
through Category 3 engine NOX reductions sooner than fleet
turnover would allow. In this section we describe several methods to
control emissions from existing engines. We request comment on all
aspects of these alternatives.
(1) Clean Air Act Remanufacturing Program
    Our recently-finalized emission control program for marine diesel
engines up to 30 liters per cylinder displacement includes standards
that will apply to existing engines at the time they are remanufactured
(73 FR 25098, May 6, 2008, at 25130). In that program, we define ``new
marine engine'' to include an engine that has been remanufactured,
which is defined as replacement of all cylinder liners, either in one
event or over a five-year period. Vessel owners/operators and engine
rebuilders who remanufacture those engines would be required to use a
certified remanufacture system when an engine is remanufactured if such
a certified system is available; if there is no certified kit, there is
no requirement until the time of the next remanufacture event. The
program applies to engines with maximum engine power greater than 600
kW and manufactured in 1973 or later, through Tier 2 (2012-14,
depending on engine size). A certified marine remanufacture system must
achieve a 25 percent reduction in PM emissions compared to the engine's
measured baseline emissions level without increasing NOX
emissions.
    The program, which is similar to locomotive remanufacture program,
was possible to adopt under the Clean Air Act because many commercial
Category 1 and 2 engines undergo periodic full like-new rebuilds to
ensure their dependability by returning the engine to as-new condition.
Many manufacturers provide guidance for a full rebuild to as-new
condition, which might include replacing piston rings, heads, bearings,
and gear train/camshaft as well as piston liners. Based on discussions
with engine manufacturers, we determined that replacing all cylinder
liners is a simple and clear indicator that the servicing being done is
extensive enough for the engine to be considered functionally
equivalent to a freshly manufactured engine, both mechanically and in
terms of how it is used. Therefore, we defined remanufacture as the
removal and replacement of all cylinder liners, either during a single
maintenance event or over a five-year period. Marine diesel engines are
not considered to be remanufactured if the rebuilding process falls
short of this definition (i.e., the cylinder liners are removed and
replaced over more than a five-year period).
    We do not think it is possible to adopt a similar program for
Category 3 engines at this time. Even though Category 3 engines may
remain in the fleet for several decades, they are not maintained in the
same way as Category 1 or Category 2 engines. Category 3 engines are
very large, with cylinder sizes of 90 liters not uncommon. Maintenance
for these engines is very different than that for Category 1 or
Category 2 engines. Specifically, piston liners, as well as other
engine components, are not replaced unless there is a catastrophic
failure. Our analysis of available information suggests that cylinder
liners for engines this large are inspected based on hours of
operation, with the standard interval being about 6,000 to 12,000 hours
for engines operating on residual fuel and up to 25,000 hours for
engines operating on distillate fuel.

Engine manufacturers specify how this inspection is to be performed.
Typically, the liner is inspected, measured, dressed, honed or replaced
if beyond specifications. As each cylinder has individual wear
characteristics, the complete engine liner replacement is not normally
done on all cylinders at one time, since this would be much more
expensive than the maintenance according to the manufacturer
specifications. If there is an extended drydock, it is possible that a
ship owner may take advantage of this time to inspect and work on
several or all cylinders, but it is doubtful that a complete cylinder
liner replacement would be done due to the expense. These engines are
an integral part of the vessel design, and it would be difficult to
replace the cylinder liners if it is not absolutely necessary.
    Other maintenance occurs on a cylinder-specific basis and is not
comprehensive enough to return the engine to as-new condition. Finally,
engine manufacturers have informed us that these engines are built to
last, with most vessels being scrapped before the engine is worn out.
Operating at lower speeds (130 rpm) also reduces wear on the cylinders.
    Based on the above information and because there is no specific
maintenance action common to all Category 3 engines that (1) would
return an engine to as-new condition and (2) could be used to identify
engines as being remanufactured and therefore ``new,'' we conclude it
is not possible to extend the marine remanufacture program to Category
3 engines at this time.
(2) MARPOL Annex VI Existing Engine Program
    MARPOL Annex VI has two sets of NOX provisions that
apply to existing engines. These requirements will apply to engines on
U.S. vessels through the Act to Prevent Pollution from Ships and are
briefly described in this section. In addition to these NOX
requirements, MARPOL Annex VI will provide significant PM reductions
from existing vessels through its fuel sulfur requirements,
particularly in a U.S. ECA. These PM benefits are described elsewhere
in this Federal Register notice.
    First, Annex VI requires any engine above 130 kW that undergoes a
major conversion to comply with the standards that are in effect at the
time that major conversion takes place. Major conversion means the
engine is replaced by a non-identical engine, an engine is added to the
vessel, the engine's maximum continuous rating is increased by more
than 10 percent, or the engine undergoes any modification that would
increase its emissions.
    Second, the recent amendments to Annex VI add a provision that
requires all engines at or above 90 liters per cylinder displacement
and above 5,000 kW that were built between 1990 through 1999 to comply
with the Tier I NOX limits if there is a certified Approved
Method (remanufacture system) for that engine. This kit-based approach
is similar to our domestic program except it is triggered solely by the
existence of a certified remanufacture system and does not also require
a specific remanufacture event (i.e., replacing all cylinder liners
either all at once or within a period of five years). The Tier 1
NOX limits are appropriate for this group of engines because
they often are based on the same or a similar engine platform as the
Tier 1 engines and the emission control techniques that apply to Tier 1
engines should also be applicable to many of the pre-Tier 1 engines.
Pre-1990 engines were excluded from this program because their base
engine platforms can be very different from Tier 1 engines; because
many of the original engine manufacturers of these engines are no
longer in business; and because the population of these engines is
expected to be too small in 2010 to warrant emission controls. Engine
manufacturers are expected to begin certifying Approved Methods when
the Annex amendments go into force in July 2010; owners will be
required to install the kits at the time of the first renewal survey
that occurs 12 months after the kit is certified.
    The combination of the Annex VI existing engine program to reduce
NOX emissions from very large Category 3 engines and the
Annex VI fuel sulfur program will significantly reduce NOX
and PM emissions from existing vessels. Because these requirements will
apply to Category 3 engines on U.S. and foreign vessels through APPS,
it is not necessary to adopt these same requirements under our Clean
Air Act authority to protect U.S. air quality or to implement Annex VI.
(3) Voluntary Marine Verification Program
    We are considering a programmatic alternative to encourage
additional NOX reductions from Category 3 engines on ocean-
going vessels. In combination with state or local incentives, this
program would provide incentives for owners to achieve, on a voluntary
basis, greater emission reductions earlier than required for new
Category 3 engines, and to retrofit existing Category 3 engines with
more advanced NOX emission control technologies.
    In this approach, States, localities, and ports would encourage
vessel owners to participate in this program through specially-designed
incentive plans. This would allow States, localities, and ports the
flexibility to tailor use of the program to their specific needs.
    To facilitate such state or local programs, EPA would set up a
voluntary Marine Verification Program as an extension of our current
diesel retrofit program. Under this program, we would provide a
verification, based on simplified emission testing, for any vessel
owner who provides data to show that the Category 3 propulsion engines
on the relevant vessel achieve a more stringent tier of NOX
limits, Tier 2 or Tier 3, than otherwise applies to those engines.
While verification would not be equivalent to EPA certification (the
base engine certification would remain the same), it would provide
assurance to the states and localities that adopt such programs that
the emission reductions are occurring. The test methods used to make
this demonstration would be the same as those that would be used to
comply with the production testing requirements for new engines (see
Section VI.A.1.d, above). The verification could be periodically
reviewed to ensure the engine continues to meet the verified emission
levels. This could occur at the time of the vessel certification
surveys required by MARPOL Annex VI, either the intermediate survey
(every two and a half years) or the renewal survey (every five years).
    The voluntary Marine Verification Program would be available to
Category 3 propulsion engines on new or existing vessels, and would be
based on achieving the Tier 2 or Tier 3 NOX limits and not
on a percent reduction from a baseline. Owners could achieve these
NOX limits by adjusting the engine, retrofitting engine
components, or retrofitting with an aftertreatment device. However, we
would not consider an exhaust gas scrubber to be an acceptable control
strategy for reducing NOX emissions (see Section V.C.2.b,
above).
    Unlike a remanufacture program, which relies on the certification
of remanufacture systems that would apply to all specified engines, the
Marine Verification Program would apply to Category 3 propulsion
engines on a vessel-specific basis. It would be up to the individual
vessel owner to determine how to reduce the NOX emissions
from the engines on a vessel, and to demonstrate, per the testing

protocols outlined above, that the relevant engines achieve the more
stringent NOX limit. Note that an engine verification would
not create the presumption that a verified retrofit constitutes a
remanufacture system or Certified Approved Method that must be applied
to all engines of the same model. However, we seek comment on whether
there are ways to approve groups of engine in a verification to reduce
the cost of the program by spreading design costs over more engines.
    Participation in the Marine Verification Program would be
completely voluntary: no state, locality, or port authority would be
required to adopt this program, and no vessel owner would be required
to retrofit a NOX emission control technology.
    We request comment on whether such a voluntary program would be
beneficial to states and localities that seek earlier NOX
reductions, and whether port authorities would take advantage of it in
the context of various incentive programs.
    We also seek comment on how such a program could be applied in the
context of the MARPOL Annex VI requirements for major conversions.
Specifically, Regulation 13 of Annex VI requires that an engine that
undergoes a major conversion be certified to the NOX limits
in effect at the time of the major conversion. A major conversion is
defined as replacing an existing engine or adding an engine to a
vessel, increasing the maximum continuous power of a vessel by more
than ten percent, or by substantially modifying an engine. The
NOX Technical Code defines substantial modification as any
modification that ``could potentially cause the engine to exceed'' the
Regulation 13 NOX limits. The NOX Technical Code
further specifies that, in the case of engines installed on vessels
constructed before January 1, 2000, the impact on emissions must be
shown by an emissions test. We do not think that participation in a
Voluntary Marine Verification Program would trigger these requirements
since ships would not be making adjustments that would increase
emissions. However, we seek comment on whether they imply that a
Portable Emissions Measurement System (PEMS)-based emission measurement
should not be used and the simplified measurement methods contained in
the NOX Technical Code should be used instead in order to be
in compliance with Annex VI and the NOX Technical Code. If
the latter is the case, we also seek comment on the cost of such
emission measurement.
    We seek comment on how the MARPOL Annex VI documentation for an
engine, including its technical file, would need to be adjusted for a
verified engine. We also seek comment on how this program would apply
to foreign-flagged vessels. Specifically, if the Substantial
Modification provisions of the NOX Technical Code are
triggered by the Voluntary Marine Verification Program, it could also
be necessary that vessels built before 2000 obtain an Engine
International Air Pollution Prevention certificate from its flag state
Administration. The ship could also be required to obtain and maintain
the documentation that goes with it (Engine Technical File, Record Book
of Engine Parameters). EPA would not be able to re-issue an EIAPP for
vessels not flagged in the United States. It would be up to
participating vessel owners to obtain a new EIAPP or a revised EIAPP
from their flag Administration. We seek comment on whether this would
prevent owners from participating in the program.

X. Public Participation

    We request comment on all aspects of the emission control program
that we are proposing under the CAA. This section describes how you can
participate in this process.

A. How Do I Submit Comments?

    We are opening a formal comment period by publishing this document.
We will accept comments during the period indicated in the DATES
section at the beginning of this document. If you have an interest in
the proposed emission control program described in this document, we
encourage you to comment on any aspect of this rulemaking. We also
request comment on specific topics with respect to our CAA proposal
identified throughout this document.
    Your comments will be most useful if you include appropriate and
detailed supporting rationale, data, and analysis. Commenters are
especially encouraged to provide specific suggestions for any changes
to any aspect of the regulations that they believe need to be modified
or improved. You should send all comments, except those containing
proprietary information, to our Air Docket (see ADDRESSES located at
the beginning of this document) before the end of the comment period.
    You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments. If you wish to submit
Confidential Business Information (CBI) or information that is
otherwise protected by statute, please follow the instructions in
Section X.B.

B. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI
electronically through the electronic public docket, http://
www.regulations.gov, or by e-mail. Send or deliver information
identified as CBI only to the following address: U.S. Environmental
Protection Agency, Assessment and Standards Division, 2000 Traverwood
Drive, Ann Arbor, MI 48105, Attention Docket ID EPA-HQ-OAR-2007-0121.
You may claim information that you submit to EPA as CBI by marking any
part or all of that information as CBI (if you submit CBI on disk or CD
ROM, mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket. If you submit the copy that does not contain CBI
on disk or CD ROM, mark the outside of the disk or CD ROM clearly that
it does not contain CBI. Information not marked as CBI will be included
in the public docket without prior notice. If you have any questions
about CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section at the
beginning of this document.

C. Will There Be a Public Hearing?

    We intend to hold two public hearings, one in the New York area and
one in the Los Angeles area. We will publish information about the
hearings on our Website, http://www.epa.gov/otaq/oceanvessels.htm.
    If you would like to present testimony at the public hearings, we
ask that you notify the contact person listed under FOR FURTHER
INFORMATION CONTACT at least ten days before the hearing. You should
estimate the time you will need for your presentation and identify any
needed audio/visual equipment. We

suggest that you bring copies of your statement or other material for
the EPA panel and the audience. It would also be helpful if you send us
a copy of your statement or other materials before the hearing.
    We will make a tentative schedule for the order of testimony based
on the notifications we receive. This schedule will be available on the
morning of the hearing. In addition, we will reserve a block of time
for anyone else in the audience who wants to give testimony.
    We will conduct the hearing informally, and technical rules of
evidence will not apply. We will arrange for a written transcript of
the hearing and keep the official record of the hearing open for 30
days to allow you to submit supplementary information. You may make
arrangements for copies of the transcript directly with the court
reporter.

D. Comment Period

    The comment period for this rule will end on September 28, 2009.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
     Explain your views as clearly as possible.
     Describe any assumptions that you used.
     Provide any technical information and/or data you used
that support your views.
     If you estimate potential burden or costs, explain how you
arrived at your estimate.
     Provide specific examples to illustrate your concerns.
     Offer alternatives.
     Make sure to submit your comments by the comment period
deadline identified.
     To ensure proper receipt by EPA, identify the appropriate
docket identification number in the subject line on the first page of
your response. It would also be helpful if you provided the name, date,
and Federal Register citation related to your comments.

XI. Statutory and Executive Order Reviews

    As explained in Section I.A, the program we are proposing is part
of a coordinated strategy to address emissions from ocean-going
vessels. That coordinated strategy includes, among other actions, the
combination the global Tier 2 NOX standards included in the
amendments to Annex VI and the ECA Tier 3 NOX limits and
fuel sulfur limits that will apply when the U.S. coasts are designated
as an ECA through an additional amendment to Annex VI. These engine and
fuel standards will be enforceable for all vessels, U.S. and foreign,
operating in the United States through the Act to Prevent Pollution
from Ships. Because the coordinated strategy in its entirety is
economically significant (see cost analysis in Section V), the
components we are adopting in this rule (engine controls for Category 3
engines on U.S. vessels under our Clean Air Act program, as required by
section 213 of the Act that are identical to the MARPOL Annex VI
NOX limits; limits on hydrocarbon and carbon monoxide
emissions for Category 3 engines; PM measurement requirement; changes
to our Clean Air Act diesel fuel program to allow production and sale
of ECA-compliant fuel; changes to our emission control program for
smaller marine diesel engines to harmonize with the Annex VI
NOX requirements, for U.S. vessels that operate
internationally) may also be considered to be economically significant.

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action'' because it raises
novel legal or policy issues due to the international nature of the use
of Category 3 marine diesel engines. Accordingly, EPA submitted this
action to the Office of Management and Budget (OMB) for review under EO
12866 and any changes made in response to OMB recommendations have been
documented in the docket for this action.
    In addition, EPA prepared an analysis of the potential costs and
benefits associated with our coordinated strategy for controlling
emissions from ocean-going vessels. While the costs of the coordinated
strategy are ``significant,'' the costs of the CAA program described in
this proposal are minimal, as explained above in the introduction to
this section. This analysis is contained in the draft Regulatory Impact
Analysis that was prepared, and is available in the docket for this
rulemaking and at the docket Internet address listed under ADDRESSES
above.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR) document prepared by EPA has been
assigned EPA ICR Number 2345.01.
    Section 208(a) of the Clean Air Act requires that manufacturers
provide information the Administrator may reasonably require to
determine compliance with the regulations; submission of the
information is therefore mandatory. We will consider confidential all
information meeting the requirements of section 208(c) of the Clean Air
Act. Recordkeeping and reporting requirements for manufacturers would
be pursuant to the authority of section 208 of the Clean Air Act.
    The data we require in this ICR is necessary to comply with Title
II of the Clean Air Act, as amended in 1990. The Act directs us to
adopt regulations for nonroad engines if we determine those engines
contribute significantly to air pollution in the U.S. Now that we have
made this determination, the Act directs us to set emission standards
for any category of nonroad engines that contribute to air quality
nonattainment in two or more areas in the U.S. We can only meet the
requirements of the Act by collecting data from the regulated industry.
Also, we will only have an effective program if we know that these
engines maintain their certified emission level throughout their
operating lives.
    The burden for certification testing is generally based on
conducting two engine tests for each engine family, then using that
test data for several years. The manufacturer's application for
certification involves an extensive effort the first year, followed by
relatively little effort in subsequent years. We estimate that
manufacturers will conduct new certification testing every five years;
the costs have been estimated on an annual average basis. In addition
to testing, manufacturers must prepare the application for
certification and maintain appropriate records. We have estimated the
cost of these combined activities, which include engineering and
clerical effort, to be about $20,000 for each Category 3 marine diesel
engine per certification cycle. As with the testing costs, we are
presenting annual average costs. The burden for production-line testing
is based on an industry-wide calculation. Rebuilders, including
operators of marine vessels with Category 3 engines, must keep records
as needed to show that rebuilt engines continue to meet emission
standards, consistent with the manufacturer's original design. In
addition, owners and operators of marine vessels with Category 3
engines must record information about their location when rebuilding
engines or

making other adjustments and send minimal annual notification to EPA to
show that engine maintenance and adjustments have not caused engines to
be noncompliant. Burden is defined at 5 CFR 1320.3(b).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
    To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, EPA has established a public docket for
this rule, which includes this ICR, under Docket ID number EPA-HQ-OAR-
2007-0121. Submit any comments related to the ICR to EPA and OMB. See
the ADDRESSES section at the beginning of this notice for where to
submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Office for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after August 28, 2009, a comment to OMB is best
assured of having its full effect if OMB receives it by September 28,
2009. The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business that is
primarily engaged in manufacture of large diesel marine engines as
defined by NAICS code 333618 with 1,000 or fewer employees (based on
Small Business Administration size standards) or a small business
primarily engaged in the shipbuilding and repairing as defined by NAICS
code 336611 with 1,000 or fewer employees (based on Small Business
Administration size standards); (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any requirements on small entities. There
are no small entities in this regulated industry. We continue to be
interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
While the costs of the coordinated strategy exceed the $100 million per
year threshold for the private sector, the costs of the components of
that strategy that are the subject of this rule are less than $100
million per year, as explained in the introduction to this section and
in Section VII. Therefore, this action is not subject to the
requirements of Sections 202 or 205 of the UMRA. This action is also
not subject to the requirements of Section 203 of UMRA because it
contains no regulatory requirements that might significantly or
uniquely affect small governments.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The proposed rule will be
implemented at the Federal level and impose compliance obligations only
on private industry. Thus, Executive Order 13132 does not apply to this
rule.
    Although Section 6 of Executive Order 13132 does not apply to this
rule, EPA did consult with representatives of various State and local
governments in developing this rule. EPA consulted with representatives
from the National Association of Clean Air Agencies (NACAA, formerly
STAPPA/ALAPCO), the Northeast States for Coordinated Air Use Management
(NESCAUM), and the California Air Resources Board (CARB).
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This proposed rule does not have tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 9, 2000). The rule will
be implemented at the Federal level and impose compliance costs only on
manufacturers of marine engines and marine vessels. Tribal governments
will be affected only to the extent they purchase and use the regulated
engines and vehicles. Thus, Executive Order 13175 does not apply to
this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in EO
12866. While the costs of the coordinated strategy are ``significant,''
the costs of the CAA program described in this proposal are minimal, as
explained above in the introduction to this section. The health and
risk assessments associated with the coordinated strategy for
controlling emissions from ocean-going vessels are contained in Section
II.A of the preamble and Chapter 2 of the draft RIA, which has been
placed in the public docket under Docket ID number EPA-HQ-OAR-2007-
0121.
    The public is invited to submit or identify peer-reviewed studies
and data, of which EPA may not be aware, that assessed results of early
life exposure to the pollutants addressed by this proposed rule.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)), requires EPA to prepare and submit a Statement of
Energy Effects to the Administrator of the Office of Information and
Regulatory Affairs, Office of Management and Budget, for certain
actions identified as ``significant energy actions.'' Section 4(b) of
Executive Order 13211 defines ``significant energy actions'' as ``any
action by an agency (normally published in the Federal Register) that
promulgates or is expected to lead to the promulgation of a final rule
or regulation, including notices of inquiry, advance notices of
proposed rulemaking, and notices of proposed rulemaking: (1)(i) That is
a significant regulatory action under Executive Order 12866 or any
successor order, and (ii) is likely to have a significant adverse
effect on the supply, distribution, or use of energy; or (2) that is
designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action.'' We have prepared a
Statement of Energy Effects for this action as follows.
    This rule's potential effects on energy supply, distribution, or
use have been analyzed and are discussed in detail in Section 4.6 of
the RIA. In summary, while we project that this rule would result in an
energy effect that exceeds the 10,000 barrel per day change in crude
oil production threshold noted in E.O. 13211, this rule does not
significantly affect the energy use, production, or distribution beyond
what is required by Annex VI of the International Convention for the
Prevention of Pollution from Ships.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    The proposed rulemaking involves technical standards. Therefore,
the Agency conducted a search to identify potentially applicable
voluntary consensus standards. The International Organization for
Standardization has a voluntary consensus standard that can be used to
test engines. However, the test procedures in this proposal reflect a
level of development that goes substantially beyond the ISO or other
published procedures. The proposed procedures incorporate new
specifications for steady-state emission measurements and measuring
emissions using field-testing procedures. The procedures we adopt in
this rule will form the working template for ISO and national and state
governments to define test procedures for measuring engine emissions.
As such, we have worked extensively with the representatives of other
governments, testing organizations, and the affected industries.
    EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially-
applicable voluntary consensus standards and to explain why such
standards should be used in this regulation.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.
    Together, this proposed rule which addresses emissions from
domestic-flagged vessels and the joint U.S./Canada ECA application to
the IMO which addresses emissions from foreign-flagged vessels
(referred to as the ``coordinated strategy'') will achieve significant
reductions of various emissions from Category 3 marine diesel engines,
including NOX, SOX, and direct PM. Exposure to
these pollutants raises concerns regarding environmental health for the
U.S. population in general including the minority populations and low-
income populations that are the focus of the environmental justice
executive order.
    The emission reductions from the new standards in the coordinated
strategy will have large beneficial effects on communities in proximity
to port, harbor, and waterway locations, including low-income and
minority communities. In addition to exhaust emission standards for
freshly manufactured and remanufactured engines, the coordinated
strategy, if finalized, would further reduce emissions from regulated
engines that directly impact low-income and minority communities.
    EPA recently updated its initial screening-level analysis of
selected marine port areas to better understand the populations,
including minority and low-income populations, that are exposed to
diesel PM emission sources from these facilities.187, 188
This screening-level analysis is an inexact tool and should only be
considered for illustrative purposes to help understand potential
impacts. The analysis included all emission sources as well as ocean-
going marine diesel engines, and focused on a representative selection
of national marine ports (45 ports total).189, 190
Considering only ocean-going marine engine diesel PM emissions, the
results indicate that 6.5 million people are exposed to ambient diesel
PM levels that are 2.0 [mu]g/m\3\ and 0.2 [mu]g/m\3\ above levels found
in areas further from these facilities. This population includes a
disproportionate

number of low-income households, African-Americans, and Hispanics. The
results from all emission sources show that nearly 18 million people
are exposed to higher levels of diesel PM from all sources at the
marine port areas than urban background levels. Because those living in
the vicinity of marine ports are more likely to be low-income
households and minority residents, these populations would receive a
significant benefit from the combined coordinated strategy. See Section
VIII of this preamble and Chapter 6 of the draft RIA for a discussion
on the benefits of this rule, including the benefits to minority and
low-income communities.
---------------------------------------------------------------------------

    \187\ ICF International. December 1, 2008. Estimation of diesel
particulate matter concentration isopleths near selected harbor
areas with revised emissions (revised). Memorandum to EPA under Work
Assignment Number 1-9, Contract Number EP-C-06-094. This memo is
available in Docket EPA-HQ-OAR-2007-0121.
    \188\ ICF International. December 10, 2008. Estimation of diesel
particulate matter population exposure near selected harbor areas
with revised harbor emissions (revised). Memorandum to EPA under
Work Assignment Number 2-9, Contract Number EP-C-06-094. This memo
is available in Docket EPA-HQ-OAR-2007-0121.
    \189\ The emissions inventories used as inputs for the analyses
are not official estimates and likely underestimate overall
emissions because they are not inclusive of all emission sources at
the individual ports in the sample.
    \190\ The Agency selected a representative sample from the top
150 U.S. ports including coastal, inland and Great Lake ports.
---------------------------------------------------------------------------

XII. Statutory Provisions and Legal Authority

    Statutory authority for the controls in this final rule can be
found in sections 203-209, 211, 213 (which specifically authorizes
controls on emissions from nonroad engines and vehicles), 216, and 301
of the Clean Air Act (CAA), 42 U.S.C. 7414, 7522, 7523, 7424, 7525,
7541, 7542, 7543, 7545, 7547, 7550, and 7601.

List of Subjects

40 CFR Part 80

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Diesel Fuel,
Fuel Additives, Imports, Labeling, Penalties, Reporting and
recordkeeping requirements.

40 CFR Part 85

    Confidential business information, Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements, Research,
Warranties.

40 CFR Part 86

    Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements, Motor
vehicle.

40 CFR Part 94

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Vessels, Reporting and
recordkeeping requirements, Warranties.

40 CFR Part 1027

    Environmental protection, Administrative practice and procedure,
Air pollution control, Imports, Reporting and recordkeeping
requirements.

40 CFR Part 1033

    Environmental protection, Administrative practice and procedure,
Confidential business information, Incorporation by reference,
Labeling, Penalties, Railroads, Reporting and recordkeeping
requirements.

40 CFR Part 1039

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Reporting and
recordkeeping requirements, Warranties.

40 CFR Part 1042

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Vessels, Reporting and
recordkeeping requirements, Warranties.

40 CFR Part 1043

    Environmental protection, Administrative practice and procedure,
Air pollution control, Imports, Vessels, Reporting and recordkeeping
requirements.

40 CFR Parts 1045, 1048, 1051, 1054, and 1060

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Reporting and
recordkeeping requirements, Warranties.

40 CFR Part 1065

    Environmental protection, Administrative practice and procedure,
Incorporation by reference, Reporting and recordkeeping requirements,
Research.

40 CFR Part 1068

    Environmental protection, Administrative practice and procedure,
Confidential business information, Imports, Incorporation by reference,
Motor vehicle pollution, Penalties, Reporting and recordkeeping
requirements, Warranties.

    Dated: June 26, 2009.
Lisa P. Jackson,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as set forth
below.

PART 80--REGULATION OF FUEL AND FUEL ADDITIVES

    1. The authority citation for part 80 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7542, 7545, and 7601.

    2. Section 80.2 is amended as follows:
    a. By revising paragraph (ccc).
    b. By revising paragraph (nnn).
    c. By adding paragraph (ttt).

Sec.  80.2  Definitions.

* * * * *
    (ccc) Heating Oil means any 1, 2, or non-
petroleum diesel blend that is sold for use in furnaces, boilers, and
similar applications and which is commonly or commercially known or
sold as heating oil, fuel oil, and similar trade names, and that is not
jet fuel, kerosene, or MVNRLM diesel fuel.
* * * * *
    (nnn) Nonroad, locomotive, or marine (NRLM) diesel fuel means any
diesel fuel or other distillate fuel that is used, intended for use, or
made available for use, as a fuel in any nonroad diesel engines,
including locomotive and marine diesel engines, except the following:
Distillate fuel with a T90 at or above 700 [deg]F that is used only in
Category 2 and 3 marine engines is not NRLM diesel fuel, and ECA marine
fuel is not NRLM diesel fuel. Use the distillation test method
specified in 40 CFR 1065.1010 to determine the T90 of the fuel. NR
diesel fuel and LM diesel fuel are subcategories of NRLM diesel fuel.
    (1) Any diesel fuel that is sold for use in stationary engines that
are required to meet the requirements of Sec.  80.510(a) and/or (b),
when such provisions are applicable to nonroad engines, shall be
considered NRLM diesel fuel.
    (2) [Reserved]
* * * * *
    (ttt) ECA marine fuel is distillate or residual fuel that is used,
intended for use, or made available for use in Category 3 marine
vessels operating within an Emission Control Area (ECA).
    3. Revise the heading to Subpart I of part 80 to read as follows:

Subpart I--Motor Vehicle Diesel Fuel; Nonroad, Locomotive, and
Marine Diesel Fuel; and ECA Marine Fuel

    4. Section 80.501 is amended as follows:
    a. By revising paragraph (a)(5).
    b. By revising paragraph (a)(6).
    c. By adding paragraph (a)(7).

Sec.  80.501  What fuel is subject to the provisions of this subpart?

    (a) * * *

    (5) ECA marine fuel.
    (6) Other distillate fuels.
    (7) Motor oil that is used as or intended for use as fuel in diesel
motor vehicles or nonroad diesel engines or is blended with diesel fuel
for use in diesel motor vehicles or nonroad diesel engines, including
locomotive and marine diesel engines, at any downstream location.
* * * * *
    5. Section 80.502 is amended as follows:
    a. By revising paragraph (a).
    b. By revising paragraph (b) introductory text and paragraph (b)(1)
introductory text.
    c. By revising paragraph (c).
    d. By revising paragraph (d) introductory text.
    e. By adding paragraph (g).
    f. By adding paragraph (h).

Sec.  80.502  What definitions apply for purposes of this subpart?

* * * * *
    (a) Entity means any refiner, importer, distributor, retailer or
wholesale-purchaser consumer of any distillate fuel (or other product
subject to the requirements of this subpart I).
    (b) Facility means any place, or series of places, where an entity
produces, imports, or maintains custody of any distillate fuel (or
other product subject to the requirements of this subpart I) from the
time it is received to the time custody is transferred to another
entity, except as described in paragraphs (b)(1) through (4) of this
section:
    (1) Where an entity maintains custody of a batch of diesel fuel (or
other product subject to the requirements of this subpart I) from one
place in the distribution system to another place (e.g., from a
pipeline to a terminal), all owned by the same entity, both places
combined are considered to be one single aggregated facility, except
where an entity chooses to treat components of such an aggregated
facility as separate facilities. The choice made to treat these places
as separate facilities may not be changed by the entity during any
applicable compliance period. Except as specified in paragraph (b)(2)
of this section, where compliance requirements depend upon facility-
type, the entire facility must comply with the requirements that apply
to its components as follows:
* * * * *
    (c) Truck loading terminal means any facility that dyes NRLM diesel
fuel or ECA marine fuel, pays taxes on motor vehicle diesel fuel per
IRS code (26 CFR part 48), or adds a fuel marker pursuant to Sec.
80.510 to heating oil and delivers diesel fuel or heating oil into
trucks for delivery to retail or ultimate consumer locations.
    (d) Batch means a quantity of diesel fuel (or other product subject
to the requirements of this subpart I) which is homogeneous with regard
to those properties that are specified for MVNRLM diesel fuel or ECA
marine fuel under this subpart I of this part, has the same designation
under this subpart I (if applicable), and whose custody is transferred
from one facility to another facility.
* * * * *
    (g) Emission Control Area. An Emission Control Area (ECA), for the
purposes of this Part, is defined as the area delineated in section 2
of the document ``CONSIDERATION AND ADOPTION OF AMENDMENTS TO MANDATORY
INSTRUMENTS'' submitted by the governments of the United States and
Canada to the International Maritime Organization on March 27, 2009,
and all internal waters of the United States.
    (h) Marine diesel engine. For the purposes of this subpart I only,
marine diesel engine means a diesel engine installed on a Category 1
(C1) or Category 2 (C2) marine vessel.
    6. Section 80.510 is amended as follows:
    a. By revising the section heading.
    b. By revising paragraph (f) introductory text and adding paragraph
(f)(6).
    c. By revising paragraph (g)(1).
    d. By adding paragraph (k).

Sec.  80.510  What are the standards and marker requirements for NRLM
diesel fuel and ECA marine fuel?

* * * * *
    (f) Marking provisions. From June 1, 2012 through May 31, 2014:
* * * * *
    (6) Marker solvent yellow 124 shall not be used in any MVNRLM or
heating oil after May 31, 2014.
    (g) * * *
    (1) Northeast/Mid-Atlantic Area, which includes the following
states and counties, through May 31, 2014: North Carolina, Virginia,
Maryland, Delaware, New Jersey, Connecticut, Rhode Island,
Massachusetts, Vermont, New Hampshire, Maine, Washington D.C., New York
(except for the counties of Chautauqua, Cattaraugus, and Allegany),
Pennsylvania (except for the counties of Erie, Warren, McKean, Potter,
Cameron, Elk, Jefferson, Clarion, Forest, Venango, Mercer, Crawford,
Lawrence, Beaver, Washington, and Greene), and the eight eastern-most
counties of West Virginia (Jefferson, Berkeley, Morgan, Hampshire,
Mineral, Hardy, Grant, and Pendleton).
* * * * *
    (k) Beginning June 1, 2014. Except as otherwise specifically
provided in this subpart, all ECA marine fuel is subject to a maximum
per-gallon sulfur content of 1,000 ppm.
    7. Section 80.511 is amended as follows:
    a. By revising the section heading.
    b. By revising paragraph (a).
    c. By revising paragraphs (b)(4) and (b)(9).
    d. By adding paragraph (b)(10).

Sec.  80.511  What are the per-gallon and marker requirements that
apply to NRLM diesel fuel, ECA marine fuel, and heating oil downstream
of the refiner or importer?

    (a) Applicable dates for marker requirements. Beginning June 1,
2006, all NRLM diesel fuel and ECA marine fuel shall contain less than
0.10 milligrams per liter of the marker solvent yellow 124, except for
LM diesel fuel subject to the marking requirements of Sec.  80.510(e).
    (b) * * *
    (4) Except as provided in paragraphs (b)(5) through (b)(8) of this
section, the per-gallon sulfur standard of Sec.  80.510(c) shall apply
to all NRLM diesel fuel beginning August 1, 2014 for all downstream
locations other than retail outlets or wholesale purchaser-consumer
facilities, shall apply to all NRLM diesel fuel beginning October 1,
2014 for retail outlets and wholesale purchaser-consumer facilities,
and shall apply to all NRLM diesel fuel beginning December 1, 2014 for
all locations.
* * * * *
    (9) The per-gallon sulfur standard of Sec.  80.510(k) shall apply
to all ECA marine fuel beginning August 1, 2014 for all downstream
locations other than retail outlets or wholesale purchaser-consumer
facilities, shall apply to all ECA marine fuel beginning October 1,
2014 for retail outlets and wholesale purchaser-consumer facilities,
and shall apply to all ECA marine fuel beginning December 1, 2014 for
all locations.
    (10) For the purposes of this section, distributors that have their
own fuel storage tanks and deliver only to ultimate consumers shall be
treated the same as retailers and their facilities treated the same as
retail outlets.
    8. Section 80.513 is amended by revising paragraph (e) to read as
follows:

Sec.  80.513  What provisions apply to transmix processing facilities?

* * * * *
    (e) From June 1, 2014 and beyond, NRLM diesel fuel produced by a
transmix processor is subject to the standards of Sec.  80.510(c).

    9. Section 80.525 is amended by revising paragraphs (b) and (d) to
read as follows:

Sec.  80.525  What requirements apply to kerosene blenders?

* * * * *
    (b) Kerosene blenders are not subject to the requirements of this
subpart applicable to refiners of diesel fuel, but are subject to the
requirements and prohibitions applicable to downstream parties.
* * * * *
    (d) Kerosene that a kerosene blender adds or intends to add to
diesel fuel subject to the 15 ppm sulfur content standard must meet the
15 ppm sulfur content standard, and either of the following
requirements:
    (1) The product transfer document received by the kerosene blender
indicates that the kerosene is diesel fuel that complies with the 15
ppm sulfur content standard.
    (2) The kerosene blender has test results indicating the kerosene
complies with the 15 ppm sulfur standard.
    10. Section 80.551 is amended by revising paragraph (f) to read as
follows:

Sec.  80.551  How does a refiner obtain approval as a small refiner
under this subpart?

* * * * *
    (f) Approval of small refiner status for refiners who apply under
Sec.  80.550(d) will be based on all information submitted under
paragraph (c) of this section, except as provided in Sec.  80.550(e).
* * * * *
    11. Section 80.561 is amended by revising the section heading to
read as follows:

Sec.  80.561  How can a refiner or importer seek temporary relief from
the requirements of this subpart in case of extreme unforeseen
circumstances?

* * * * *
    12. Section 80.570 is amended by revising paragraph (a) to read as
follows:

Sec.  80.570  What labeling requirements apply to retailers and
wholesale purchaser-consumers of diesel fuel beginning June 1, 2006?

    (a) From June 1, 2006 through September 30, 2010, any retailer or
wholesale purchaser-consumer who sells, dispenses, or offers for sale
or dispensing, motor vehicle diesel fuel subject to the 15 ppm sulfur
standard of Sec.  80.520(a)(1), must affix the following conspicuous
and legible label, in block letters of no less than 24-point bold type,
and printed in a color contrasting with the background, to each pump
stand:
ULTRA-LOW SULFUR HIGHWAY DIESEL FUEL (15 ppm Sulfur Maximum)
    Required for use in all model year 2007 and later highway diesel
vehicles and engines. Recommended for use in all diesel vehicles and
engines.
* * * * *
    13. Section 80.571 is amended by revising paragraphs (b) and (d) to
read as follows:

Sec.  80.571  What labeling requirements apply to retailers and
wholesale purchaser-consumers of NRLM diesel fuel or heating oil
beginning June 1, 2007?

* * * * *
    (b) From June 1, 2007 through September 30, 2010, for pumps
dispensing NRLM diesel fuel meeting the 500 ppm sulfur standard of
Sec.  80.510(a):
LOW SULFUR NON-HIGHWAY DIESEL FUEL (500 ppm Sulfur Maximum)
WARNING
    Federal Law prohibits use in highway vehicles or engines.
* * * * *
    (d) From June 1, 2007 and beyond, for pumps dispensing non-motor
vehicle diesel fuel for use other than in nonroad, locomotive, or
marine engines, such as for use as heating oil:
HEATING OIL (May Exceed 500 ppm Sulfur)
WARNING
    Federal law prohibits use in highway vehicles or engines, or in
nonroad, locomotive, or marine diesel engines.
    Its use may damage these diesel engines.
* * * * *
    14. Section 80.572 is amended by revising paragraphs (a) and (b) to
read as follows:

Sec.  80.572  What labeling requirements apply to retailers and
wholesale purchaser-consumers of NR and NRLM diesel fuel and heating
oil beginning June 1, 2010?

* * * * *
    (a) From June 1, 2010 through September 31, 2014, any retailer or
wholesale purchaser-consumer who sells, dispenses, or offers for sale
or dispensing, motor vehicle diesel fuel subject to the 15 ppm sulfur
standard of Sec.  80.520(a)(1), must affix the following conspicuous
and legible label, in block letters of no less than 24-point bold type,
and printed in a color contrasting with the background, to each pump
stand:
ULTRA-LOW SULFUR HIGHWAY DIESEL FUEL (15 ppm Sulfur Maximum)
    Required for use in all highway diesel vehicles and engines.
    Recommended for use in all diesel vehicles and engines.
    (b) From June 1, 2010 through September 30, 2012, for pumps
dispensing NR diesel fuel subject to the 15 ppm sulfur standard of
Sec.  80.510(b):
ULTRA-LOW SULFUR NON-HIGHWAY DIESEL FUEL (15 ppm Sulfur Maximum)
    Required for use in all model year 2011 and later nonroad diesel
engines. Recommended for use in all other non-highway diesel engines.
WARNING
    Federal law prohibits use in highway vehicles or engines.
* * * * *
    15. Section 80.573 is amended by revising paragraph (a) to read as
follows:

Sec.  80.573  What labeling requirements apply to retailers and
wholesale purchaser-consumers of NRLM diesel fuel and heating oil
beginning June 1, 2012?

* * * * *
    (a) From June 1, 2012 through September 30, 2014, for pumps
dispensing NRLM diesel fuel subject to the 15 ppm sulfur standard of
Sec.  80.510(c):
ULTRA-LOW SULFUR NON-HIGHWAY DIESEL FUEL (15 ppm Sulfur Maximum)
    Required for use in all model year 2011 and later nonroad diesel
engines.
    Recommended for use in all other non-highway diesel engines.
WARNING
    Federal law prohibits use in highway vehicles or engines.
* * * * *
    16. Section 80.574 is revised to read as follows:

Sec.  80.574  What labeling requirements apply to retailers and
wholesale purchaser-consumers of ECA marine fuel beginning June 1,
2014?

    (a) Any retailer or wholesale purchaser-consumer who sells,
dispenses, or offers for sale or dispensing ECA marine fuel must
prominently and conspicuously display in the immediate area of each
pump stand from which ECA marine fuel is offered for sale or
dispensing, one of the following legible labels, as applicable, in
block letters of no less than 24-point bold type, printed in a color
contrasting with the background:

    (1) From June 1, 2014 and beyond, for pumps dispensing ECA marine
fuel subject to the 1,000 ppm sulfur standard of Sec.  80.510(k):
1,000 ppm SULFUR ECA MARINE FUEL (1,000 ppm Sulfur Maximum).
    For use in Category 3 (C3) marine vessels only.
WARNING
    Federal law prohibits use in any engine that is not installed on a
C3 marine vessel; use of fuel oil with a sulfur content greater than
1,000 ppm in the U.S. Emission Control Area and all U.S. internal
waters is illegal.
    (2) The labels required by paragraph (a)(1) of this section must be
placed on the vertical surface of each pump housing and on each side
that has gallon and price meters. The labels shall be on the upper two-
thirds of the pump, in a location where they are clearly visible.
    (b) Alternative labels to those specified in paragraph (a) of this
section may be used as approved by EPA.
    (1) For US Mail: U.S. EPA, Attn: Diesel Sulfur Alternative Label
Request, 6406J, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
    (2) For overnight or courier services: U.S. EPA, Attn: Diesel
Sulfur Alternative Label Request, 6406J, 1310 L Street, NW., 6th floor,
Washington, DC 20005.<PHONE_NUMBER>.
    17. Section 80.580 is amended by adding paragraphs (b)(1) and
(c)(1) to read as follows:

Sec.  80.580  What are the sampling and testing methods for sulfur?

* * * * *
    (b) * * *
    (1) For ECA marine fuel subject to the 1,000 ppm sulfur standard of
Sec.  80.510(k)(1), sulfur content may be determined using ASTM D2622
(incorporated by reference, see paragraph (e) of this section).
* * * * *
    (c) * * *
    (1) Options for testing sulfur content of 1,000 ppm diesel fuel.
(i) For ECA marine fuel subject to the 1,000 ppm sulfur standard of
Sec.  80.510(k), sulfur content may be determined using ASTM D4294,
ASTM D5453, or ASTM D6920 (all incorporated by reference, see paragraph
(e) of this section), provided that the refiner or importer test result
is correlated with the appropriate method specified in paragraph (b)(1)
of this section; or
    (ii) For ECA marine fuel subject to the 1,000 ppm sulfur standard
of Sec.  80.510(k), sulfur content may be determined using any test
method approved under Sec.  80.585.
* * * * *
    18. Section 80.581 is amended by revising the section heading and
paragraphs (a) and (c)(1) to read as follows:

Sec.  80.581  What are the batch testing and sample retention
requirements for motor vehicle diesel fuel, NRLM diesel fuel, and ECA
marine fuel?

    (a) Beginning on June 1, 2006 or earlier pursuant to Sec.  80.531
for motor vehicle diesel fuel, beginning June 1, 2010 or earlier
pursuant to Sec.  80.535 for NRLM diesel fuel, and beginning June 1,
2014 for ECA marine fuel, each refiner and importer shall collect a
representative sample from each batch of motor vehicle or NRLM diesel
fuel produced or imported and subject to the 15 ppm sulfur content
standard, or ECA marine fuel subject to the 1,000 ppm sulfur content
standard. Batch, for the purposes of this section, means batch as
defined under Sec.  80.2 but without the reference to transfer of
custody from one facility to another facility.
* * * * *
    (c)(1) Any refiner who produces motor vehicle, NRLM diesel fuel, or
ECA marine fuel using computer-controlled in-line blending equipment,
including the use of an on-line analyzer test method that is approved
under the provisions of Sec.  80.580, and who, subsequent to the
production of the diesel fuel batch tests a composited sample of the
batch under the provisions of Sec.  80.580 for purposes of designation
and reporting, is exempt from the requirement of paragraph (b) of this
section to obtain the test result required under this section prior to
the diesel fuel leaving the refinery, provided that the refiner obtains
approval from EPA. The requirement of this paragraph (c)(1) that the
in-line blending equipment must include an on-line analyzer test method
that is approved under the provisions of Sec.  80.580 is effective
beginning June 1, 2006.
* * * * *
    19. Section 80.583 is amended by revising the section heading to
read as follows:

Sec.  80.583  What alternative sampling and testing requirements apply
to importers who transport motor vehicle diesel fuel, NRLM diesel fuel,
or ECA marine fuel by truck or rail car?

* * * * *
    20. Section 80.584 is amended by revising the section heading and
adding paragraphs (a)(3) and (b)(3) to read as follows:

Sec.  80.584  What are the precision and accuracy criteria for approval
of test methods for determining the sulfur content of motor vehicle
diesel fuel, NRLM diesel fuel, and ECA marine fuel?

    (a) * * *
    (3) For ECA marine fuel subject to the 1,000 ppm sulfur standard of
Sec.  80.510(k), of a standard deviation less than 18.07 ppm, computed
from the results of a minimum of 20 repeat tests made over 20 days on
samples taken from a single homogeneous commercially available diesel
fuel with a sulfur content in the range of 700-1,000 ppm. The 20
results must be a series of tests with a sequential record of the
analyses and no omissions. A laboratory facility may exclude a given
sample or test result only if the exclusion is for a valid reason under
good laboratory practices and it maintains records regarding the sample
and test results and the reason for excluding them.
    (b) * * *
    (3) For ECA marine fuel subject to the 1,000 ppm sulfur standard of
Sec.  80.510(k):
    (i) The arithmetic average of a continuous series of at least 10
tests performed on a commercially available gravimetric sulfur standard
in the range of 300-400 ppm sulfur shall not differ from the ARV of
that standard by more than 13.55 ppm sulfur;
    (ii) The arithmetic average of a continuous series of at least 10
tests performed on a commercially available gravimetric sulfur standard
in the range of 900-1,000 ppm sulfur shall not differ from the ARV of
that standard by more than 13.55 ppm sulfur; and
    (iii) In applying the tests of paragraphs (b)(3)(i) and (ii) of
this section, individual test results shall be compensated for any
known chemical interferences.
    21. Section 80.585 is amended by revising the section heading and
paragraphs (e)(2) and (e)(4) to read as follows:

Sec.  80.585  What is the process for approval of a test method for
determining the sulfur content of diesel or ECA marine fuel?

* * * * *
    (e) * * *
    (2) Follow paragraph 7.3.1 of ASTM D 6299-02 to check standards
using a reference material at least monthly or following any major
change to the laboratory equipment or test procedure. Any deviation
from the accepted reference value of a check standard greater than 1.44
ppm (for diesel fuel subject to the 15 ppm sulfur standard), 19.36 ppm
(for diesel fuel subject to the 500 ppm sulfur standard), or 36.14 ppm

(for ECA marine fuel subject to the 1,000 ppm sulfur standard must be
investigated.
* * * * *
    (4) Upon discovery of any quality control testing violation of
paragraph A <IP_ADDRESS> or A <IP_ADDRESS> of ASTM D 6299-02, or any check
standard deviation greater than 1.44 ppm (for diesel fuel subject to
the 15 ppm sulfur standard), 19.36 ppm (for diesel fuel subject to the
500 ppm sulfur standard), or 36.14 ppm (for ECA marine fuel subject to
the 1,000 ppm sulfur standard), conduct an investigation into the cause
of such violation or deviation and, after restoring method performance
to statistical control, retest retained samples from batches originally
tested since the last satisfactory quality control material or check
standard testing occasion.
    22. Section 80.590 is amended as follows:
    a. By revising the section heading.
    b. By revising paragraphs (a) introductory text, (a)(5), (a)(6)
introductory text, and (a)(6)(ii).
    c. By adding paragraph (a)(7)(vii).
    d. By redesignating paragraphs (e) through (i) as paragraphs (f)
through (j), respectively.
    e. By adding a new paragraph (e).

Sec.  80.590  What are the product transfer document requirements for
motor vehicle diesel fuel, NRLM diesel fuel, heating oil, ECA marine
fuel, and other distillates?

    (a) This paragraph (a) applies on each occasion that any person
transfers custody or title to MVNRLM diesel fuel, heating oil, or ECA
marine fuel (including distillates used or intended to be used as
MVNRLM diesel fuel, heating oil, or ECA marine fuel) except when such
fuel is dispensed into motor vehicles or nonroad, locomotive, or marine
equipment or C3 vessels. Note that 40 CFR part 1043 specifies
requirements for documenting fuel transfers to certain marine vessels.
For all fuel transfers subject to this paragraph (a), the transferor
must provide to the transferee documents which include the following
information:
* * * * *
    (5) For transfers of MVNRLM diesel fuel or ECA marine fuel
(beginning June 1, 2014), the sulfur content standard the transferor
represents the fuel to meet.
    (6) Beginning June 1, 2006, when an entity, from a facility at any
point in the distribution system, transfers custody of a distillate or
residual fuel designated under Sec.  80.598, the following information
must also be included:
* * * * *
    (ii) An accurate and clear statement of the applicable designation
and/or classification under Sec.  80.598(a) and (b), for example, ``500
ppm sulfur NRLM diesel fuel'', or ``jet fuel''; and whether the fuel is
dyed or undyed, and for heating oil, whether marked or unmarked where
applicable.
    (7) * * *
    (vii) ECA marine fuel. For ECA marine fuel produced or imported
beginning June 1, 2014, ``1,000 ppm sulfur (maximum) ECA marine fuel.
For use in Category 3 marine vessels only. Not for use in engines not
installed on C3 marine vessels.''
* * * * *
    (e) Beginning June 1, 2014. For ECA marine fuel only (except for
transfers to truck carriers, retailers or wholesale purchaser-
consumers), product codes may be used to convey the information
required under this section if such codes are clearly understood by
each transferee. ``1000'' must appear clearly on the product transfer
document, and may be contained in the product code. If the designation
is included in the code, codes used to convey the statement in
paragraph (a)(7)(vii) of this section must contain the number ``1000''.
If another letter, number, or symbol is being used to convey the
statement in paragraph (a)(7)(vii) of this section, it must be clearly
defined and denoted on the product transfer document.
* * * * *
    23. Section 80.593 is amended by revising the introductory text to
read as follows:

Sec.  80.593  What are the reporting requirements for refiners and
importers of motor vehicle diesel fuel subject to temporary refiner
relief standards?

    Beginning with 2006, or the first compliance period during which
credits are generated under Sec.  80.531(b) or (c), whichever is
earlier, any refiner or importer who produces or imports motor vehicle
diesel fuel subject to the 500 ppm sulfur standard under Sec.
80.520(c), or any refiner or importer who generates, uses, obtains, or
transfers credits under Sec. Sec.  80.530 through 80.532, and
continuing for each year thereafter, must submit to EPA annual reports
that contain the information required in this section, and such other
information as EPA may require:
* * * * *
    24. Section 80.597 is amended by revising paragraphs (c), (d), (e),
and (f) and adding paragraph (g) to read as follows:

Sec.  80.597  What are the registration requirements?

* * * * *
    (c) Registration for ECA marine fuel. Refiners and importers that
intend to produce or supply ECA marine fuel beginning June 1, 2014,
must provide EPA the information under Sec.  80.76 no later than
December 31, 2012, if such information has not been previously provided
under the provisions of this part. In addition, for each import
facility, the same identifying information as required for each
refinery under Sec.  80.76(c) must be provided.
    (d) Entity registration. (1) Except as prescribed in paragraph
(d)(6) of this section, each entity as defined in Sec.  80.502 that
intends to deliver or receive custody of any of the following fuels
from June 1, 2006 through May 31, 2010 must register with EPA by
December 31, 2005 or six months prior to commencement of producing,
importing, or distributing any distillate listed in paragraphs
(d)(1)(i) through (d)(1)(iii) of this section:
    (i) Fuel designated as 500 ppm sulfur MVNRLM diesel fuel under
Sec.  80.598 on which taxes have not been assessed pursuant to IRS code
(26 CFR part 48).
    (ii) Fuel designated as 15 ppm sulfur MVNRLM diesel fuel under
Sec.  80.598 on which taxes have not been assessed pursuant to IRS code
(26 CFR part 48).
    (iii) Fuel designated as NRLM diesel fuel under Sec.  80.598 that
is undyed pursuant to Sec.  80.520.
    (iv) Fuel designated as California Diesel fuel under Sec.  80.598
on which taxes have not been assessed and red dye has not been added
(if required) pursuant to IRS code (26 CFR part 48) and that is
delivered by pipeline to a terminal outside of the State of California
pursuant to the provisions of Sec.  80.617(b).
    (2) Except as prescribed in paragraph (d)(6) of this section, each
entity as defined in Sec.  80.502 that intends to deliver or receive
custody of any of the following fuels from June 1, 2007 through May 31,
2014 must register with EPA by December 31, 2005 or six months prior to
commencement of producing, importing, or distributing any distillate
listed in paragraph (d)(1) of this section:
    (i) Fuel designated as 500 ppm sulfur MVNRLM diesel fuel under
Sec.  80.598 on which taxes have not been assessed pursuant to IRS code
(26 CFR part 48).
    (ii) Fuel designated as NRLM diesel fuel under Sec.  80.598 that is
undyed pursuant to Sec.  80.520.
    (iii) Fuel designated as heating oil under Sec.  80.598 that is
unmarked pursuant to Sec.  80.510(d) through (f).

    (iv) Fuel designated as LM diesel fuel under Sec.
80.598(a)(2)(iii) that is unmarked pursuant to Sec.  80.510(e).
    (3) Except as prescribed in paragraph (d)(6) of this section, each
entity as defined in Sec.  80.502 that intends to deliver or receive
custody of any of the following fuels beginning June 1, 2014 must
register with EPA by December 31, 2012 or prior to commencement of
producing, importing, or distributing any distillate or residual fuel
listed in this paragraph (d):
    (i) Fuel designated as 1,000 ppm sulfur ECA marine fuel under Sec.
80.598.
    (ii) [Reserved]
    (4) Registration shall be on forms prescribed by the Administrator,
and shall include the name, business address, contact name, telephone
number, e-mail address, and type of production, importation, or
distribution activity or activities engaged in by the entity.
    (5) Registration shall include the information required under
paragraph (e) of this section for each facility owned or operated by
the entity that delivers or receives custody of a fuel described in
paragraphs (d)(1), (d)(2), and (d)(3) of this section.
    (6) Exceptions for Excluded Liquids. An entity that would otherwise
be required to register pursuant to the requirements of paragraphs
(d)(1) through (3) of this section is exempted from the registration
requirements under this section provided that:
    (i) The only diesel fuel or heating oil that the entity delivers or
receives on which taxes have not been assessed or which is not received
dyed pursuant to Internal Revenue Service (IRS) code 26 CFR part 48 is
an excluded liquid as defined pursuant to IRS code 26 CFR 4081-1(b).
    (ii) The entity does not transfer the excluded liquid to a facility
which delivers or receives diesel fuel other than an excluded liquid on
which taxes have not been assessed pursuant to IRS code (26 CFR part
48).
    (e) Facility registration. (1) List for each separate facility of
an entity required to register under paragraph (d) of this section, the
facility name, physical location, contact name, telephone number, e-
mail address and type of facility. For facilities that are aggregated
under Sec.  80.502, provide information regarding the nature and
location of each of the components. If aggregation is changed for any
subsequent compliance period, the entity must provide notice to EPA
prior to the beginning of such compliance period.
    (2) If facility records are kept off-site, list the off-site
storage facility name, physical location, contact name, and telephone
number.
    (3) Mobile facilities: (i) A description shall be provided in the
registration detailing the types of mobile vessels that will likely be
included and the nature of the operations.
    (ii) Entities may combine all mobile operations into one facility;
or may split the operations by vessel, region, route, waterway, etc.
and register separate mobile facilities for each.
    (iii) The specific vessels need not be identified in the
registration, however information regarding specific vessel contracts
shall be maintained by each registered entity for its mobile
facilities, pursuant to Sec.  80.602(d).
    (f) Changes to registration information. Any company or entity
shall submit updated registration information to the Administrator
within 30 days of any occasion when the registration information
previously supplied for an entity, or any of its registered facilities,
becomes incomplete or inaccurate.
    (g) Issuance of registration numbers. EPA will supply a
registration number to each entity and a facility registration number
to each of an entity's facilities that is identified, which shall be
used in all reports to the Administrator.
    25. Section 80.598 is amended as follows:
    a. By revising paragraphs (a)(2)(i)(A), (a)(2)(i)(B), (a)(2)(i)(C),
(a)(2)(i)(D), (a)(2)(i)(E), and (a)(2)(i)(F).
    b. By adding paragraph (a)(2)(i)(H).
    c. By revising paragraph (a)(2)(v).
    d. By adding paragraph (a)(3)(xv).
    e. By revising paragraphs (b)(4)(i), (b)(4)(ii), (b)(7)(i),
(b)(7)(ii), (b)(8) introductory text, (b)(8)(i), (b)(8)(ii),
(b)(9)(ii), (b)(9)(vii), and (b)(9)(x).
    f. By removing and reserving paragraph (e).

Sec.  80.598  What are the designation requirements for refiners,
importers, and distributors?

    (a) * * *
    (2) * * *
    (i) * * *
    (A) Motor vehicle, nonroad, locomotive or marine (MVNRLM) diesel
fuel.
    (B) Heating oil.
    (C) Jet fuel.
    (D) Kerosene.
    (E) No. 4 fuel.
    (F) Distillate fuel for export only.
* * * * *
    (H) ECA marine fuel. This designation may be used beginning June 1,
2014, and fuel designated as such is subject to the restriction in
paragraph (a)(3)(xv) of this section.
* * * * *
    (v) From June 1, 2006 through May 31, 2010, any batch designated as
motor vehicle diesel fuel must also be designated according to one of
the following distillation classifications that most accurately
represents the fuel:
* * * * *
    (3) * * *
    (xv) Beginning June 1, 2014, any fuel designated as ECA marine fuel
will be subject to all the following restrictions:
    (A) Such fuel may not exceed a sulfur level of 1,000 ppm.
    (B) Such fuel may only be produced, distributed, sold, and
purchased for use in C3 marine vessels.
    (b) * * *
    (4) * * *
    (i) 1D 500 ppm sulfur motor vehicle diesel fuel.
    (ii) 2D 500 ppm sulfur motor vehicle diesel fuel.
* * * * *
    (7) * * *
    (i) 500 ppm sulfur NRLM diesel fuel.
    (ii) Heating oil.
* * * * *
    (8) Beginning June 1, 2014, whenever custody of a batch of
distillate or residual fuel (other than jet fuel, kerosene, No. 4 fuel,
fuel for export, or fuel intended for use outside an ECA) having a
sulfur content greater than 15 ppm is transferred to another facility,
the entity transferring custody must accurately and clearly designate
the batch as one of the following and specify its volume:
    (i) ECA marine fuel.
    (ii) Heating oil.
* * * * *
    (9) * * *
    (ii) Until June 1, 2014, any distillate fuel containing greater
than or equal to 0.10 milligrams per liter of marker solvent yellow 124
required under Sec.  80.510(d), (e), or (f) must be designated as
heating oil except that from June 1, 2010 through October 1, 2012 it
may also be designated as LM diesel fuel as specified under Sec.
80.510(e).
* * * * *
    (viii) For facilities in areas other than those specified in Sec.
80.510(g)(1) and (2), batches or portions of batches of unmarked
distillate received designated as heating oil may be re-designated as
NRLM or LM diesel fuel only if all the following restrictions are met:
    (A) From June 1, 2007 through May 31, 2010, for any compliance
period, the volume of high sulfur NRLM diesel fuel delivered from a
facility cannot be greater than the volume received, unless the volume
of heating oil delivered from the facility is also greater than the
volume it received by an equal or greater proportion, as calculated in
Sec.  80.599(c)(2).

    (B) From June 1, 2010 through May 31, 2014, for any compliance
period, the volume of fuel designated as heating oil delivered from a
facility cannot be less than the volume of fuel designated as heating
oil received, as calculated in Sec.  80.599(c)(4).
* * * * *
    (x) Notwithstanding the provisions of paragraphs (b)(5) and (8) of
this section, beginning October 1, 2007:
* * * * *
    (e) [Reserved]
* * * * *
    26. Section 80.599 is amended as follows:
    a. By revising paragraph (a)(1).
    b. By removing and reserving paragraph (a)(2).
    c. By revising paragraph (e)(4).

Sec.  80.599  How do I calculate volume balances for designation
purposes?

    (a) * * *
    (1) The annual compliance periods before the period beginning July
1, 2016 are shown in the following table:

------------------------------------------------------------------------
                                                Ending date of annual
Beginning date of annual compliance period        compliance period
------------------------------------------------------------------------
June 1, 2006..............................  May 31, 2007.
June 1, 2007..............................  June 30, 2008.
July 1, 2008..............................  June 30, 2009.
July 1, 2009..............................  May 31, 2010.
June 1, 2010..............................  June 30, 2011.
July 1, 2011..............................  May 31, 2012.
June 1, 2012..............................  June 30, 2013.
July 1, 2013..............................  May 31, 2014.
------------------------------------------------------------------------

     (2) [Reserved]
* * * * *
    (e) * * *
    (4) The following calculation may be used to account for wintertime
blending of kerosene and the blending of non-petroleum diesel:

2MV500O< = 2MV500I +
2MV500P - 2MV500INVCHG + 0.2 *
(1MV15I + 2MV15I +
NPMV15I)

Where:

1MV15I = the total volume of fuel received
during the compliance period that is designated as 1D 15
ppm sulfur motor vehicle diesel fuel. Any motor vehicle diesel fuel
produced by or imported into the facility shall not be included in
this volume.
NPMV15I = the total volume of fuel received during the
compliance period that is designated as NP15 ppm sulfur motor
vehicle diesel fuel. Any motor vehicle diesel fuel produced by or
imported into the facility shall not be included in this volume.
1MV15P = the total volume of fuel produced by or
imported into the facility during the compliance period that was
designated as 1D 15 ppm sulfur motor vehicle diesel fuel
when it was delivered.
* * * * *
    27. Section 80.600 is amended as follows:
    a. By revising paragraphs (a)(5) and (a)(12).
    b. By revising paragraphs (b)(1)(v) and (b)(3).
    c. By revising paragraph (i).
    d. By revising paragraphs (o)(1) and (o)(2).

Sec.  80.600  What records must be kept for purposes of the designate
and track provisions?

    (a) * * *
    (5) Any refiner or importer shall maintain the records specified in
paragraphs (a)(6) through (10) of this section for each batch of
distillate or residual fuel that it transfers custody of and designates
from June 1, 2014 and later as any of the following categories:
    (i) Heating oil.
    (ii) ECA marine fuel.
* * * * *
    (12) Records must be maintained that demonstrate compliance with a
refiner's compliance plan required under Sec.  80.554, for distillate
fuel designated as high sulfur NRLM diesel fuel and delivered from June
1, 2007 through May 31, 2010, for distillate fuel designated as 500 ppm
sulfur NR diesel fuel and delivered from June 1, 2010 through May 31,
2012, and for distillate fuel designated as 500 ppm sulfur NRLM diesel
fuel and delivered from June 1, 2012 through May 31, 2014 in the areas
specified in Sec.  80.510(g)(2).
* * * * *
    (b) * * *
    (1) * * *
    (v) For each facility that receives fuel designated as heating oil,
records for each batch of distillate or residual fuel with any of the
following designations for which custody is received or delivered as
well as any batches produced from June 1, 2014 and beyond:
    (A) 1,000 ppm sulfur ECA marine fuel.
    (B) Heating oil.
* * * * *
    (3) Records that clearly and accurately identify the total volume
in gallons of each designated fuel identified under paragraph (b)(1) of
this section transferred over each of the compliance periods, and over
the periods from June 1, 2006 to the end of each compliance period. The
records shall be maintained separately for each fuel designated under
paragraph (b)(1) of this section, and for each EPA entity and facility
registration number from whom the fuel was received or to whom it was
delivered. For batches of fuel received from facilities without an EPA
facility registration number:
    (i) Any batches of fuel received marked pursuant to Sec.  80.510(d)
or (f) shall be deemed designated as heating oil.
    (ii) Any batches of fuel received marked pursuant to Sec.
80.510(e) shall be deemed designated as heating oil or LM diesel fuel.
    (iii) Any batches of fuel received on which taxes have been paid
pursuant to Section 4082 of the Internal Revenue Code (26 U.S.C. 4082)
shall be deemed designated as motor vehicle diesel fuel.
    (iv) Any 500 ppm sulfur diesel fuel dyed pursuant to Sec.
80.520(b) and not marked pursuant to Sec.  80.510(d) or (f) shall be
deemed designated as NRLM diesel fuel.
    (v) Any diesel fuel with less than or equal to 500 ppm sulfur which
is dyed pursuant to Sec.  80.520(b) and not marked pursuant to Sec.
80.510(e) shall be deemed to be NR diesel fuel.
    (vi) Beginning June 1, 2014, any batches of fuel with greater than
15 ppm sulfur, but less than or equal to 1,000 ppm sulfur, and not
designated as heating oil shall be deemed to be 1,000 ppm ECA marine
fuel.
* * * * *
    (i) Additional records that must be kept by mobile facilities. Any
registered mobile facility must keep records of all contracts from any
contracted components (e.g., tank truck, barge, marine tanker, rail
car, etc.) in each of its registered mobile facilities.
* * * * *
    (o) * * *
    (1) Any aggregated facility consisting of a refinery and truck
loading terminal shall maintain records of all the following
information for each batch of distillate fuel (and/or residual fuel
with a sulfur level of 1,000 ppm or less that is intended for use in an
ECA) produced by the refinery and sent over the aggregated facility's
truck loading terminal rack:
    (i) The batch volume.
    (ii) The batch number, assigned under the batch numbering
procedures under Sec. Sec.  80.65(d)(3) and 80.502(d)(1).
    (iii) The date of production.
    (iv) A record designating the batch as distillate or residual fuel
meeting the 500 ppm, 15 ppm, or 1,000 ppm ECA marine sulfur standard.
    (v) A record indicating the volumes that were either taxed, dyed,
or dyed and marked.
    (2) Volume reports for all distillate fuel (and/or residual fuel
with a sulfur level of 1,000 ppm or less that is

intended for use in an ECA) from external sources (i.e., from another
refiner or importer), as described in Sec.  80.601(f)(2), sent over the
aggregated facility's truck rack.
    28. Section 80.601 is amended by revising paragraph (b)(3)(x) to
read as follows:

Sec.  80.601  What are the reporting requirements for purposes of the
designate and track provisions?

* * * * *
    (b) * * *
    (3) * * *
    (x) Beginning with the report due August 31, 2011 and ending with
the report due August 31, 2012, the volume balance under Sec. Sec.
80.598(b)(9)(ix) and 80.599(d)(2).
* * * * *
    29. Section 80.602 is amended as follows:
    a. By revising the section heading.
    b. By revising paragraphs (a) introductory text, (a)(2)
introductory text, and (a)(3).
    c. By revising paragraphs (b) introductory text, (b)(4)(i),
(b)(4)(ii).
    d. By revising paragraphs (g)(1) and (g)(2).

Sec.  80.602  What records must be kept by entities in the NRLM diesel
fuel, ECA marine fuel, and diesel fuel additive production,
importation, and distribution systems?

    (a) Records that must be kept by parties in the NRLM diesel fuel,
ECA marine fuel and diesel fuel additive production, importation, and
distribution systems. Beginning June 1, 2007, or June 1, 2006, if that
is the first period credits are generated under Sec.  80.535, any
person who produces, imports, sells, offers for sale, dispenses,
distributes, supplies, offers for supply, stores, or transports
nonroad, locomotive or marine diesel fuel, or ECA marine fuel
(beginning June 1, 2014) subject to the provisions of this subpart,
must keep all the following records:
* * * * *
    (2) For any sampling and testing for sulfur content for a batch of
NRLM diesel fuel produced or imported and subject to the 15 ppm sulfur
standard or any sampling and testing for sulfur content as part of a
quality assurance testing program, and any sampling and testing for
cetane index, aromatics content, marker solvent yellow 124 content or
dye solvent red 164 content of NRLM diesel fuel, ECA marine fuel, NRLM
diesel fuel additives or heating oil:
* * * * *
    (3) The actions the party has taken, if any, to stop the sale or
distribution of any NRLM diesel fuel or ECA marine fuel found not to be
in compliance with the sulfur standards specified in this subpart, and
the actions the party has taken, if any, to identify the cause of any
noncompliance and prevent future instances of noncompliance.
    (b) Additional records to be kept by refiners and importers of NRLM
diesel fuel and ECA marine fuel. Beginning June 1, 2007, or June 1,
2006, pursuant to the provisions of Sec.  80.535 or Sec.  80.554(d) (or
June 1, 2014, pursuant to the provisions of Sec.  80.510(k)), any
refiner producing distillate or residual fuel subject to a sulfur
standard under Sec.  80.510, Sec.  80.513, Sec.  80.536, Sec.  80.554,
Sec.  80.560, or Sec.  80.561, for each of its refineries, and any
importer importing such fuel separately for each facility, shall keep
records that include the following information for each batch of NRLM
diesel fuel, ECA marine fuel, or heating oil produced or imported:
* * * * *
    (4) * * *
    (i) NRLM diesel fuel, NR diesel fuel, LM diesel fuel, ECA marine
fuel, or heating oil, as applicable.
    (ii) Meeting the 500 ppm sulfur standard of Sec.  80.510(a), the 15
ppm sulfur standard of Sec.  80.510(b) and (c), the 1,000 ppm sulfur
standard of Sec.  80.510(k), or other applicable standard.
* * * * *
    (g) * * *
    (1) All the following information for each batch of distillate fuel
(or residual fuel with a sulfur level of 1,000 ppm or less if such fuel
is intended for use in an ECA) produced by the refinery and sent over
the aggregated facility's truck rack:
    (i) The batch volume.
    (ii) The batch number, assigned under the batch numbering
procedures under Sec. Sec.  80.65(d)(3) and 80.502(d)(1).
    (iii) The date of production.
    (iv) A record designating the batch as one of the following:
    (A) NRLM diesel fuel, NR diesel fuel, LM diesel fuel, ECA marine
fuel, or heating oil, as applicable.
    (B) Meeting the 500 ppm sulfur standard of Sec.  80.510(a), the 15
ppm sulfur standard of Sec.  80.510(b) and (c), the 1,000 ppm sulfur
standard of Sec.  80.510(k), or other applicable standard.
    (C) Dyed or undyed with visible evidence of solvent red 164.
    (D) Marked or unmarked with solvent yellow 124.
    (2) Hand-off reports for all distillate fuel (or residual fuel with
a sulfur level of 1,000 ppm or less if such fuel is intended for use in
an ECA) from external sources (i.e., from another refiner or importer),
as described in Sec.  80.601(f)(2).
    30. Section 80.606 is amended as follows:
    a. By revising the section heading.
    b. By revising paragraph (a) introductory text and paragraph
(a)(1).
    c. By revising paragraph (b).
    d. By adding paragraph (c).

Sec.  80.606  What national security exemption applies to fuels covered
under this subpart?

    (a) The standards of all the fuels listed in paragraph (b) of this
section do not apply to fuel that is produced, imported, sold, offered
for sale, supplied, offered for supply, stored, dispensed, or
transported for use in any of the following:
    (1) Tactical military motor vehicles or tactical military nonroad
engines, vehicles or equipment, including locomotive and marine, having
an EPA national security exemption from the motor vehicle emissions
standards under 40 CFR 85.1708, or from the nonroad engine emission
standards under 40 CFR part 89, 92, 94, or 1068.
* * * * *
    (b)(1) The motor vehicle diesel fuel standards of Sec.
80.520(a)(1), (a)(2), and (c).
    (2) The nonroad, locomotive, and marine diesel fuel standards of
Sec.  80.510(a), (b), and (c).
    (3) The 1,000 ppm ECA marine fuel standards of Sec.  80.510(k).
    (c) The exempt fuel must meet all the following conditions:
    (1) It must be accompanied by product transfer documents as
required under Sec.  80.590.
    (2) It must be segregated from non-exempt MVNRLM diesel fuel and
ECA marine fuel at all points in the distribution system.
    (3) It must be dispensed from a fuel pump stand, fueling truck or
tank that is labeled with the appropriate designation of the fuel, such
as ``JP-5'' or ``JP-8''.
    (4) It may not be used in any motor vehicles or nonroad engines,
equipment or vehicles, including locomotive and marine, other than the
vehicles, engines, and equipment referred to in paragraph (a) of this
section.
    31. Section 80.607 is amended as follows:
    a. By revising the section heading.
    b. By revising paragraph (a).
    c. By revising paragraphs (c)(3)(iv) and (c)(4).
    d. By revising paragraphs (d)(2), (d)(3), and (d)(4).
    e. By revising paragraph (e)(1).
    f. By revising paragraph (f).

Sec.  80.607  What are the requirements for obtaining an exemption for
diesel fuel or ECA marine fuel used for research, development or
testing purposes?

    (a) Written request for a research and development exemption. Any
person may receive an exemption from the provisions of this subpart for
diesel fuel or ECA marine fuel used for research, development, or
testing purposes by submitting the information listed in paragraph (c)
of this section to: Director, Transportation and Regional Programs
Division (6406J), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460 (postal mail); or
Director, Transportation and Regional Programs Division, U.S.
Environmental Protection Agency, 1310 L Street, NW., 6th floor,
Washington, DC 20005 (express mail/courier); and Director, Air
Enforcement Division (2242A), U.S. Environmental Protection Agency,
Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC
20460.
* * * * *
    (c) * * *
    (3) * * *
    (iv) The quantity of fuel which does not comply with the
requirements of Sec. Sec.  80.520 and 80.521 for motor vehicle diesel
fuel, or Sec.  80.510 for NRLM diesel fuel or ECA marine fuel.
    (4) With regard to control, a demonstration that the program
affords EPA a monitoring capability, including all the following:
    (i) The site(s) of the program (including facility name, street
address, city, county, state, and zip code).
    (ii) The manner in which information on vehicles and engines used
in the program will be recorded and made available to the Administrator
upon request.
    (iii) The manner in which information on the fuel used in the
program (including quantity, fuel properties, name, address, telephone
number and contact person of the supplier, and the date received from
the supplier), will be recorded and made available to the Administrator
upon request.
    (iv) The manner in which the party will ensure that the research
and development fuel will be segregated from motor vehicle diesel fuel,
NRLM diesel fuel, or ECA marine fuel, as applicable, and how fuel pumps
will be labeled to ensure proper use of the research and development
fuel.
    (v) The name, address, telephone number and title of the person(s)
in the organization requesting an exemption from whom further
information on the application may be obtained.
    (vi) The name, address, telephone number and title of the person(s)
in the organization requesting an exemption who is responsible for
recording and making available the information specified in this
paragraph (c), and the location where such information will be
maintained.
    (d) * * *
    (2) The research and development fuel must be designated by the
refiner or supplier, as applicable, as research and development fuel.
    (3) The research and development fuel must be kept segregated from
non-exempt MVNRLM diesel fuel and ECA marine fuel at all points in the
distribution system.
    (4) The research and development fuel must not be sold,
distributed, offered for sale or distribution, dispensed, supplied,
offered for supply, transported to or from, or stored by a fuel retail
outlet, or by a wholesale purchaser-consumer facility, unless the
wholesale purchaser-consumer facility is associated with the research
and development program that uses the fuel.
* * * * *
    (e) * * *
    (1) The volume of fuel subject to the approval shall not exceed the
estimated amount under paragraph (c)(3)(iv) of this section, unless EPA
grants a greater amount in writing.
* * * * *
    (f) Effects of exemption. Motor vehicle diesel fuel, NRLM diesel
fuel, or ECA marine fuel that is subject to a research and development
exemption under this section is exempt from other provisions of this
subpart provided that the fuel is used in a manner that complies with
the purpose of the program under paragraph (c) of this section and the
requirements of this section.
* * * * *
    32. Section 80.608 is revised to read as follows:

Sec.  80.608  What requirements apply to diesel fuel and ECA marine
fuel for use in the Territories?

    The sulfur standards of Sec.  80.520(a)(1) and (c) related to motor
vehicle diesel fuel, of Sec.  80.510(a), (b), and (c) related to NRLM
diesel fuel, and of Sec.  80.510(k) related to ECA marine fuel, do not
apply to fuel that is produced, imported, sold, offered for sale,
supplied, offered for supply, stored, dispensed, or transported for use
in the Territories of Guam, American Samoa or the Commonwealth of the
Northern Mariana Islands, provided that such diesel fuel is all of the
following:
    (a) Designated by the refiner or importer as high sulfur diesel
fuel only for use in Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands.
    (b) Used only in Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands.
    (c) Accompanied by documentation that complies with the product
transfer document requirements of Sec.  80.590(b)(1).
    (d) Segregated from non-exempt MVNRLM diesel fuel and/or non-exempt
ECA marine fuel at all points in the distribution system from the point
the fuel is designated as exempt fuel only for use in Guam, American
Samoa, or the Commonwealth of the Northern Mariana Islands, while the
exempt fuel is in the United States (or the United States Emission
Control Area) but outside these Territories.
    33. Section 80.610 is amended as follows:
    a. By revising paragraph (a)(1) and adding paragraph (a)(4).
    b. By revising paragraph (b).
    c. By revising paragraph (c).
    d. By revising paragraphs (e)(3)(iii) and (e)(4)(iii) and adding
paragraph (e)(6).
    e. By revising paragraph (g).

Sec.  80.610  What acts are prohibited under the diesel fuel sulfur
program?

* * * * *
    (a) * * *
    (1) Produce, import, sell, offer for sale, dispense, supply, offer
for supply, store or transport motor vehicle diesel fuel, NRLM diesel
fuel, ECA marine fuel or heating oil that does not comply with the
applicable standards, dye, marking or any other product requirements
under this subpart I and 40 CFR part 69.
* * * * *
    (4) Beginning June 1, 2014, produce, import, sell, offer for sale,
dispense, supply, offer for supply, store or transport any fuel with a
sulfur content above 1,000 ppm for use in an ECA or U.S. internal
waters.
    (b) Designation and volume balance violation. Produce, import,
sell, offer for sale, dispense, supply, offer for supply, store or
transport motor vehicle diesel fuel, NRLM diesel fuel, ECA marine fuel,
heating oil or other fuel that does not comply with the applicable
designation or volume balance requirements under Sec. Sec.  80.598 and
80.599.
    (c) Additive violation. (1) Produce, import, sell, offer for sale,
dispense, supply, offer for supply, store or transport any fuel
additive for use at a downstream location that does not comply with the
applicable requirements of Sec.  80.521.
    (2) Blend or permit the blending into motor vehicle diesel fuel,
NRLM diesel fuel, or ECA marine fuel at a downstream location, or use,
or permit

the use, in motor vehicle diesel fuel, NRLM diesel fuel, or ECA marine
fuel, of any additive that does not comply with the applicable
requirements of Sec.  80.521.
* * * * *
    (e) * * *
    (3) * * *
    (iii) This prohibition begins December 1, 2014 in all other areas.
    (4) * * *
    (iii) This prohibition begins December 1, 2014 in all other areas.
* * * * *
    (6) Beginning January 1, 2015 introduce (or permit the introduction
of) any fuel with a sulfur content greater than 1,000 ppm for use in a
Category 3 marine vessel within an ECA or U.S. internal waters.
* * * * *
    (g) Cause violating fuel or additive to be in the distribution
system. Cause motor vehicle diesel fuel, NRLM diesel fuel, or ECA
marine fuel to be in the diesel fuel distribution system which does not
comply with the applicable standard, dye or marker requirements or the
product segregation requirements of this Subpart I, or cause any fuel
additive to be in the fuel additive distribution system which does not
comply with the applicable sulfur standards under Sec.  80.521.
    34. Section 80.612 is amended by revising paragraph (b)
introductory text to read as follows:

Sec.  80.612  Who is liable for violations of this subpart?

* * * * *
    (b) Persons liable for failure to comply with other provisions of
this subpart. Any person who:
* * * * *
    35. Section 80.613 is amended by revising paragraph (a)(1)(iv)
introductory text to read as follows:

Sec.  80.613  What defenses apply to persons deemed liable for a
violation of a prohibited act under this subpart?

    (a) * * *
    (1) * * *
    (iv) For refiners and importers of diesel fuel subject to the 15
ppm sulfur standard under Sec.  80.510(b) or (c) or Sec.  80.520(a)(1),
the 500 ppm sulfur standard under Sec.  80.510(a) or Sec.  80.520(c),
and/or the 1,000 ppm sulfur standard under Sec.  80.510(k), test
results that--
* * * * *
    36. Section 80.615 is amended by revising paragraphs (b)(2) and
(b)(4) to read as follows:

Sec.  80.615  What penalties apply under this subpart?

* * * * *
    (b) * * *
    (2) Any person liable under Sec.  80.612(a)(2) for causing motor
vehicle diesel fuel, NRLM diesel fuel, ECA marine fuel, heating oil, or
other distillate fuel to be in the distribution system which does not
comply with an applicable standard or requirement of this Subpart I is
subject to a separate day of violation for each and every day that the
non-complying fuel remains any place in the diesel fuel distribution
system.
* * * * *
    (4) For purposes of this paragraph (b):
    (i) The length of time the motor vehicle diesel fuel, NRLM diesel
fuel, ECA marine fuel, heating oil, or other distillate fuel in
question remained in the diesel fuel distribution system is deemed to
be 25 days, except as further specified in paragraph (b)(4)(ii) of this
section.
    (ii) The length of time is deemed not to be 25 days if a person
subject to liability demonstrates by reasonably specific showings, by
direct or circumstantial evidence, that the non-complying motor
vehicle, NR diesel fuel, NRLM diesel fuel, ECA marine fuel, heating
oil, or distillate fuel remained in the distribution system for fewer
than or more than 25 days.
* * * * *

PART 85-- CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

    37. The authority citation for part 85 continues to read as
follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart R--[Amended]

    38. Section 85.1703 is amended by revising the section heading and
paragraph (a) introductory text to read as follows:

Sec.  85.1703  Definition of motor vehicle.

    (a) For the purpose of determining the applicability of section
216(2), a vehicle which is self-propelled and capable of transporting a
person or persons or any material or any permanently or temporarily
affixed apparatus shall be deemed a motor vehicle, unless any one or
more of the criteria set forth below are met, in which case the vehicle
shall be deemed not a motor vehicle and excluded from the operation of
the Act:
* * * * *
    39. A new Sec.  85.1715 is added to subpart R to read as follows:

Sec.  85.1715  Aircraft meeting the definition of motor vehicle.

    This section applies for aircraft meeting the definition of motor
vehicle in Sec.  85.1703.
    (a) For the purpose of this section, aircraft means any vehicle
capable of sustained air travel above treetop heights.
    (b) The standards, requirements, and prohibitions of 40 CFR part 86
do not apply for aircraft or aircraft engines. Standards apply
separately to certain aircraft engines, as described in 40 CFR part 87.

Subpart X--[Amended]

    40. A new Sec.  85.2306 is added to subpart X to read as follows:

Sec.  85.2306  Inventory and stockpiling provisions related to new
emission standards for heavy-duty engines.

    (a) Notwithstanding any other provision of this subpart, a vehicle
manufacturer may not sell, offer for sale, or introduce or deliver into
commerce in the United States or import into the United States any new
heavy-duty engine or vehicle equipped with a new heavy-duty engine
after emission standards take effect for that engine or vehicle, unless
the engine has an appropriate certificate of conformity or exemption.
An appropriate certificate of conformity is one that applies for the
same model year as the model year of the vehicle or that shows
conformity with the same standards as engines manufactured in the model
year of the vehicle (except as provided in paragraph (b) of this
section).
    (b) If new emission standards apply in a given model year, a new
vehicle in that model year must be powered by an engine that is
certified to the new standards, except that a manufacturer may continue
to use up its normal inventory of earlier engines that were built
before the date of the new or changed standards. For example, if a
manufacturer's normal inventory practice is to keep on hand a one-month
supply of engines based on its upcoming production schedule, a
manufacturer may order engines in anticipation of the 2010 emission
standards based on its normal inventory requirements late in the engine
manufacturer's 2009 model year and install those engines in the
manufacturer's vehicle, regardless of the date of installation. Also,
if an equipment manufacturer's model year starts before the end of the
calendar year preceding new standards, the equipment manufacturer may
use engines from the previous model year for equipment produced before
January

1 of the year that new standards apply. If emission standards for the
engine do not change in a given model year, an equipment manufacturer
may continue to install engines from the previous model year without
restriction. Vehicle and engine manufacturers may not circumvent the
provisions in paragraph (a) of this section by stockpiling engines
(i.e., acquiring more engines than normal for inventory) that were
built before new or changed standards take effect or stockpiling
engines that otherwise fail to have an appropriate certificate of
conformity as provided in paragraph (a) of this section. Note that this
allowance does not apply for vehicles subject to vehicle-based
standards.
    (c) A heavy-duty engine manufacturer, who otherwise produces
engines covered by an appropriate certificate of conformity, may not
cause or otherwise aid a vehicle manufacturer to fail to comply with
paragraphs (a) and (b) of this section.
    (d) Exemptions from certification requirements are described in
subpart R of this part and apply as appropriate to this section.

PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES

    41. The authority citation for part 86 continues to read as
follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart A--[Amended]

    42. Subpart A is amended by removing the following sections:
86.000-15, 86.000-21, 86.000-23, 86.000-25, 86.001-1, 86.087-38,
86.090-8, 86.091-10, 86.094-1, 86.094-15, 86.094-17, 86.094-23, 86.094-
9, 86.096-9, 86.096-10, 86.096-11, 86.096-14, 86.096-23, 86.098-7,
86.098-8, 86.098-11, 86.098-15, 86.098-17, 86.098-21, 86.098-22,
86.099-1, 86.099-30.

Sec.  86.000-28--[Amended]

    43. Section 86.000-28 is amended as follows:
    a. By removing the introductory text.
    b. By removing and reserving paragraph (a)(3).
    c. By removing paragraph (a)(4) introductory text.
    d. By removing and reserving paragraphs (a)(4)(i)(A) through
(a)(4)(i)(B)(2)(i).
    e. By removing paragraphs (a)(4)(i)(B)(2)(iii) through
(a)(4)(i)(D)(2).
    f. By removing and reserving paragraph (a)(4)(ii)(B).
    g. By removing paragraphs (a)(4)(ii)(C) and (a)(4)(iv) through (v).
    h. By removing and reserving paragraphs (a)(5) through (6).
    i. By removing paragraph (a)(7) introductory text.
    j. By removing and reserving paragraphs (a)(7)(ii) through
(b)(4)(i).
    k. By removing paragraphs (b)(7) through (h).
    44. Section 86.008-10 is amended by revising paragraph (a)(2) to
read as follows:

Sec.  86.008-10  Emission standards for 2008 and later model year Otto-
cycle heavy-duty engines and vehicles.

* * * * *
    (a) * * *
    (2) The standards set forth in paragraph (a)(1) of this section
refer to the exhaust emitted over the operating schedule set forth in
paragraph (f)(1) of appendix I to this part, and measured and
calculated in accordance with the procedures set forth in subpart N or
P of this part:
    (i) Perform the test interval set forth in paragraph (f)(1) of
Appendix I of this part with a cold-start according to 40 CFR part
1065, subpart F. This is the cold-start test interval.
    (ii) Shut down the engine after completing the test interval and
allow 20 minutes to elapse. This is the hot soak.
    (iii) Repeat the test interval. This is the hot-start test
interval.
    (iv) Calculate the total emission mass of each constituent, m, and
the total work, W, over each test interval according to 40 CFR
1065.650.
    (v) Determine your engine's brake-specific emissions using the
following calculation, which weights the emissions from the cold-start
and hot-start test intervals:
[GRAPHIC] [TIFF OMITTED] TP28AU09.007

* * * * *
    45. Section 86.010-38 is amended by revising paragraphs (j)
introductory text and (j)(15)(i) introductory text to read as follows:

Sec.  86.010-38  Maintenance instructions.

* * * * *
    (j) The following provisions describe requirements related to
emission control diagnostic service information for heavy-duty engines
used in vehicles over 14,000 pounds gross vehicle weight (GVW):
* * * * *
    (15) * * *
    (i) By July 1, 2013, manufacturers shall make available for sale to
the persons specified in paragraph (j)(3)(i) of this section their own
manufacturer-specific diagnostic tools at a fair and reasonable cost.
These tools shall also be made available in a timely fashion either
through the manufacturer Web site or through a manufacturer-designated
intermediary. Upon Administrator approval, manufacturers will not be
required to make available manufacturer-specific tools with
reconfiguration capabilities if they can demonstrate to the
satisfaction of the Administrator that these tools are not essential to
the completion of an emissions-related repair, such as recalibration.
As a condition of purchase, manufacturers may request that the
purchaser take all necessary training offered by the engine
manufacturer. Any required training materials and classes must comply
with the following:
* * * * *

Sec.  86.091-7--[Amended]

    46. Section 86.091-7 is amended by removing paragraph (a)(3) and
removing and reserving paragraphs (c)(3) and (d)(2)

Sec.  86.094-7--[Amended]

    47. Section 86.094-7 is amended as follows:
    a. By removing the introductory text.
    b. By removing paragraph (a) introductory text.
    c. By removing and reserving paragraphs (a)(1) through (2), (b)
through (c)(2), (c)(4) through (d)(1)(v), (d)(3) through (g), and
(h)(1).
    d. By removing paragraphs (h)(6) and (i).

Sec.  86.094-14--[Amended]

    48. Section 86.094-14 is amended as follows:
    a. By removing paragraph (c)(7)(i)(C)(4).
    b. By removing and reserving paragraph (c)(11)(ii)(B)(1).

    c. By removing paragraphs (c)(11)(ii)(B)(16) through (18).
    d. By removing and reserving paragraphs (c)(11)(ii)(C) and
(c)(11)(ii)(D)(1) through (6)

Sec.  86.094-21--[Amended]

    49. Section 86.094-21 is amended by removing and reserving
paragraph (b)(6).

Sec.  86.094-22--[Amended]

    50. Section 86.094-22 is amended by removing and reserving
paragraph (d)(1).

Sec.  86.094-26--[Amended]

    51. Section 86.094-26 is amended as follows:
    a. By removing and reserving paragraph (a)(2).
    b. By removing the text of paragraphs (a)(3) introductory text and
(a)(3)(i) introductory text.
    c. By removing and reserving paragraphs (a)(3)(i)(A), (a)(3)(i)(C),
(a)(3)(ii)(C), and (a)(4)(i)(C).
    d. By removing paragraph (a)(6)(iii).
    e. By removing and reserving paragraphs (a)(9)(ii) and (b)(2)(i)
through (ii).
    f. By removing paragraphs (b)(2)(iv) and (b)(4)(i)(C) through (D).
    g. By removing and reserving paragraphs (b)(4)(ii), (c), and
(d)(2)(ii).

Sec.  86.094-28--[Amended]

    52. Section 86.094-28 is amended as follows:
    a. By removing and reserving paragraphs (a)(1) through (2).
    b. By removing the text of paragraphs (a)(4) introductory text and
(a)(4)(i) introductory text.
    c. By removing and reserving paragraph (a)(4)(i)(B)(2)(ii).
    d. By removing paragraph (a)(4)(i)(C).
    e. By removing and reserving paragraph (a)(4)(ii) and(iii).
    f. By removing paragraph (a)(4)(v).
    g. By removing the text of paragraph (a)(7) introductory text.
    h. By removing and reserving paragraphs (a)(7)(i), (b)(1) through
(2), and (b)(4)(ii).
    i. By removing paragraphs (b)(4)(iii) through (iv), (b)(5) through
(8), and (c) through (d).

Sec.  86.094-30--[Amended]

    53. Section 86.094-30 is amended as follows:
    a. By removing and reserving paragraphs (a)(3) and (a)(4)(i)
through (ii).
    b. By removing the text of paragraph (a)(4)(iv) introductory text.
    c. By removing and reserving paragraphs (a)(10) through (11),
(a)(13), (b)(1)(ii)(B), (b)(1)(ii)(D), and (b)(2).
    d. By removing the text of paragraph (b)(4)(ii) introductory text.
    e. By removing and reserving paragraph (b)(4)(ii)(B).
    f. By removing paragraphs (b)(4)(iii) through (iv) and (f).

Sec.  86.095-14--[Amended]

    54. Section 86.095-14 is amended by removing the introductory text
and removing and reserving paragraphs (a) through (c)(11)(ii)(B)(15)
and (c)(11)(ii)(D)(7) through (c)(15).

Sec.  86.095-23--[Amended]

    55. Section 86.095-23 is amended to read as follows:
    a. By removing and reserving paragraphs (a) and (b).
    b. By removing and reserving paragraph (c)(2).
    c. By removing and reserving paragraphs (d) and (e).
    d. By removing and reserving paragraphs (h) through (k).

Sec.  86.095-26--[Amended]

    56. Section 86.095-26 is amended as follows:
    a. By removing the introductory text.
    b. By removing and reserving paragraphs (a) through (b)(4)(i)(C)
and (b)(4)(ii)(C).
    c. By removing paragraphs (b)(4)(iii) through (d).

Sec.  86.095-30--[Amended]

    57. Section 86.095-30 is amended as follows:
    a. By removing the introductory text.
    b. By removing and reserving paragraphs (a)(1) through (a)(3) and
(a)(4)(i) through (iii).
    c. By removing paragraphs (a)(4)(iv)(A) through (C).
    d. By removing and reserving paragraphs (a)(5) through (12).
    e. By removing paragraph (a)(14).
    f. By removing and reserving paragraph (b).
    g. By removing paragraphs (c) through (f).

Sec.  86.095-35--[Amended]

    58. Section 86.095-35 is amended as follows:
    a. By removing the introductory text.
    b. By removing the text of paragraph (a)(2) introductory text.
    c. By removing and reserving paragraphs (a)(2)(i) through (ii).
    d. By removing the text of paragraph (a)(2)(iii) introductory text.
    e. By removing and reserving paragraphs (a)(2)(iii)(A) through (C)
and (c).

Sec.  86.096-7--[Amended]

    59. Section 86.096-7 is amended as follows:
    a. By removing the introductory text.
    b. By removing and reserving paragraphs (a) through (h) (5).
    c. By removing the text of paragraph (h)(6) introductory text.
    d. By removing and reserving paragraph (h)(6)(i).
    e. By removing paragraph (h)(7)(vii).

Sec.  86.096-8--[Amended]

    60. Section 86.096-8 is amended as follows:
    a. By removing paragraph (a)(1)(iii).
    b. By removing and reserving paragraph (a)(2).
    c. By removing paragraph (a)(3).
    d. By removing the text of paragraph (b) introductory text.
    e. By removing and reserving paragraphs (b)(1) through (b)(4).

Sec.  86.096-21--[Amended]

    61. Section 86.096-21 is amended by removing the introductory text
and removing and reserving paragraphs (a) through (j).

Sec.  86.096-24--[Amended]

    62. Section 86.096-24 is amended as follows:
    a. By removing and reserving paragraphs (a)(5) through (7),
(b)(1)(i) through (ii), and (b)(1)(vii).
    b. By removing the text of paragraph (b)(1)(viii) introductory
text.
    c. By removing and reserving paragraphs (b)(1)(viii)(A) and (f).
    d. By removing paragraph (g)(3).

Sec.  86.096-26--[Amended]

    63. Section 86.096-26 is amended as follows:
    a. By removing the introductory text.
    b. By removing and reserving paragraphs (a) and (b).
    c. By removing and reserving paragraphs (c)(1) through (c)(3).
    d. By removing paragraph (d).

Sec.  86.096-30--[Amended]

    64. Section 86.096-30 is amended as follows:
    a. By removing the introductory text.
    b. By removing and reserving paragraphs (a)(1) through (14).
    c. By removing paragraphs (a)(19) through (24).
    d. By removing and reserving paragraph (b).
    e. By removing paragraphs (c) through (f).

Sec.  86.097-9--[Amended]

    65. Section 86.097-9 is amended as follows:
    a. By removing paragraph (a)(1)(iv).
    b. By removing and reserving paragraph (a)(2).
    c. By removing paragraph (a)(3).
    d. By removing and reserving paragraphs (b) and (d) through (f).

Sec.  86.098-10  [Amended]

    66. Section 86.098-10 is amended by removing and reserving
paragraph (b).

Sec.  86.098-23  [Amended]

    67. Section 86.098-23 is amended as follows:
    a. By removing the introductory text.
    b. By removing and reserving paragraphs (b)(2), (c), and (d)(2).
    c. By removing paragraph (d)(3).
    d. By removing and reserving paragraphs (f) through (g) and (l).

Sec.  86.098-24  [Amended]

    68. Section 86.098-24 is amended as follows:
    a. By removing the introductory text.
    b. By removing paragraph (a) introductory text.
    c. By removing and reserving paragraphs (a)(1) through (4).
    d. By removing paragraph (a)(8) through (15).
    e. By removing paragraphs (b) introductory text and (b)(1)
introductory text.
    f. By removing and reserving paragraphs (b)(1)(i) through (vi) and
(b)(1)(viii)(B).
    g. By removing paragraphs (b)(1)(ix) through (xii).
    h. By removing and reserving paragraph (b)(2).
    i. By removing paragraphs (b)(3) and (c) through (h).

Sec.  86.098-25  [Amended]

    69. Section 86.098-25 is amended as follows: