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. 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. In total, we
estimate that 12 engine manufacturers and 200 engine rebuilders will
together face an estimated compliance burden of 3,012 hours per year,
which corresponds with annual costs of $191,759 per year. 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. EPA will amend the
table in 40 CFR part 9 to add OMB control number associated with the
new regulations in 40 CFR part 1043 once those are approved.

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 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 business that is primarily
engaged in freight or passenger transportation, either on the Great
Lakes or in coastal areas as defined by NAICS codes 483113 and 483114
with 500 or fewer employees (based on Small Business Administration
size standards); (3) 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 (4) 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 this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. Since
publication of the proposed rulemaking, we have learned that the small
entities directly regulated by this final rule include shipping
companies that use fuel subject to the requirements in this rulemaking.
We have identified four small U.S. companies that are operating
Category 3 engines that currently burn residual fuel, and have
estimated the compliance burden for each of these four small companies
based on available information about the companies and their vessels.
Our analysis indicates that two companies will have an estimated
compliance burden representing less than 1 percent of their operating
revenues, one company will have an estimated compliance burden
representing between 1 and 3 percent of their operating revenues, and
one company will have an estimated compliance burden representing
slightly over 6 percent of their operating revenues.
    Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule by adopting provisions to
reduce the regulatory

burden for these companies. For example, if we would apply the fuel
requirements to steamships, a total of five small businesses would have
an estimated compliance burden representing over 1 percent of their
operating revenues, with the values for some companies reaching 20
percent or higher. However, we have decided to adopt provisions
allowing us to waive the fuel-related requirements for these companies
if it can be demonstrated that a compliant residual fuel is not
available, or that the compliance burden will jeopardize the solvency
of the company. This analysis also does not include cost savings from
increased durability and reliability or decreased maintenance that
occurs when using distillate fuel instead of residual fuel. Our
estimated burden for these companies therefore overestimates the costs
these companies will actually face when complying with the rule.
    Additionally, in some areas, we consider port areas to be internal
waters even though they are directly accessed by vessels that operate
in coastal and international service on the oceans (such as Puget
Sound). We believe it would not be realistic to expect companies
operating such vessels to use distillate fuel as they approach U.S.
ports and then convert the engines to operate on residual fuel for that
portion of their operation that is considered internal waters. Since it
would take about an hour of operation to transition back to the
residual fuel, we believe this would not be commonly practiced whether
or not fuel requirements apply in internal waters. Nevertheless, we
have analyzed this scenario for potential small business impacts. We
found that one U.S. small business with coastal operations would be
affected by this rule, but that they will have costs representing less
than one percent of their revenues. As a result, we have concluded that
all small businesses that own or operate these coastal vessels will see
no significant economic impact in complying with this rule.

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 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

    This action 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. This action 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 solicited comment on the action from
State and local officials.

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

    This action 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, and because the Agency does not believe the environmental health
or safety risks addressed by this action present a disproportionate
risk to children. This action's health and risk assessments are
contained in Section II.A and Section VIII in this document and in
Chapter 2 of the RIA, which has been placed in the public docket under
Docket ID number EPA-HQ-OAR-2007-0121.

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 doing 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 rulemaking involves technical standards. Therefore, the Agency
conducted a search to identify potentially applicable voluntary
consensus standards. The only test procedures outside of EPA that are
written for Category 3 marine diesel engines are in the NOX
Technical Code as part of MARPOL Annex VI. These test procedures have
been adopted by the International Maritime Organization under the
auspices of the United Nations. As such, they are not technically
voluntary consensus standards. We have adopted test procedure
specifications for Category 3 marine diesel engines in 40 CFR part
1042, which rely on the EPA test procedures in 40 CFR part 1065. We
have written the part 1065 test procedures to apply broadly to all
sizes and types of engines. We have coordinated these efforts with a
wide range of manufacturers from every industry over nearly the last
ten years. As a result of this effort, we have reached a point that the
test procedures have been very widely referenced and adopted for use in
various countries and for various applications. We believe that part
1065 is the best path toward global harmonization of emission test
procedures for highway, nonroad, and stationary engines. Nevertheless,
we have included a provision allowing manufacturers to rely on the
procedures specified in the NOX Technical Code. We believe
this appropriately maintains part 1065 as the primary path for adopting
standardized and harmonized test procedures, without precluding the
possibility of testing according to the other widely accepted protocol
for testing Category 3 marine diesel engines.

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 final 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 final 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 will 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.171 172
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).173 174
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 RIA for a
discussion on the benefits of this rule, including the benefits to
minority and low-income communities.
---------------------------------------------------------------------------

    \171\ 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.
    \172\ 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.
    \173\ 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.
    \174\ The Agency selected a representative sample from the top
150 U.S. ports including coastal, inland and Great Lake ports.
---------------------------------------------------------------------------

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective June 29, 2010.

XI. 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, Incorporation by reference, 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 Parts 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: December 18, 2009.
Lisa P. Jackson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as set forth below.

PART 80--REGULATION OF FUEL AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

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

0
2. Section 80.2 is amended as follows:
0
a. By revising paragraph (ccc).
0
b. By revising paragraph (nnn).
0
c. By adding paragraph (ttt).
0
d. By adding paragraph (uuu).

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 (note that fuel that conforms to the
requirements of NRLM diesel fuel is excluded from the definition of
``ECA marine fuel'' in this section without regard to its actual use).
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 diesel, distillate, or residual fuel that
meets the criteria of paragraph (ttt)(1) of this section, but not the
criteria of paragraph (ttt)(2) of this section.
    (1) All diesel, distillate, or residual fuel used, intended for
use, or made available for use in Category 3 marine vessels while the
vessels are operating within an Emission Control Area (ECA) is ECA
marine fuel, unless it meets the criteria of paragraph (ttt)(2) of this
section.
    (2) ECA marine fuel does not include any of the following fuel:
    (i) Fuel that is allowed by 40 CFR part 1043 to exceed the fuel
sulfur limits for operation in an ECA (such as fuel used by excluded
vessels or vessels equipped with equivalent emission controls in
conformance with 40 CFR 1043.55).
    (ii) Fuel that conforms fully to the requirements of this part for
NRLM diesel fuel (including being designated as NRLM).
    (iii) Fuel used, or made available for use, in any diesel engines
not installed on a Category 3 marine vessel.
    (uuu) Category 3 marine vessels, for the purposes of this part 80,
are vessels that are propelled by engines meeting the definition of
``Category 3'' in 40 CFR part 1042.901.

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

0
3. The heading for subpart I is revised as set forth above.

0
4. Section 80.501 is amended as follows:
0
a. By revising paragraph (a)(5).

0
b. By revising paragraph (a)(6).
0
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.
* * * * *

0
5. Section 80.502 is amended as follows:
0
a. By revising paragraph (a).
0
b. By revising paragraph (b) introductory text and paragraph (b)(1)
introductory text.
0
c. By revising paragraph (c).
0
d. By revising paragraph (d) introductory text.
0
e. By adding paragraph (g).
0
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, 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 subpart, means the ``ECA'' as defined in 40 CFR
1043.20 as well as ``ECA associated area'' as defined in 40 CFR
1043.20.
    (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.

0
6. Section 80.510 is amended as follows:
0
a. By revising the section heading.
0
b. By revising paragraph (f) introductory text and adding paragraph
(f)(6).
0
c. By revising paragraph (g)(1).
0
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 DC, 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. All ECA marine fuel is subject to a
maximum per-gallon sulfur content of 1,000 ppm.

0
7. Section 80.511 is amended as follows:
0
a. By revising the section heading.
0
b. By revising paragraph (a).
0
c. By revising paragraphs (b)(4) and (b)(9).
0
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 (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.

0
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).

0
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.

0
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).
* * * * *

0
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?

* * * * *

0
12. Section 80.570 is amended by revising paragraphs (a) and (b) 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 November 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.
    (b) From June 1, 2006, through November 30, 2010, any retailer or
wholesale purchaser-consumer who sells, dispenses, or offers for sale
or dispensing, motor vehicle diesel fuel subject to the 500 ppm sulfur
standard of Sec.  80.520(c), must prominently and conspicuously display
in the immediate area of each pump stand from which motor vehicle fuel
subject to the 500 ppm sulfur standard is offered for sale or
dispensing, the following legible label, in block letters of no less
than 24-point bold type, printed in a color contrasting with the
background:
LOW SULFUR HIGHWAY DIESEL FUEL (500 ppm Sulfur Maximum)
WARNING
    Federal law prohibits use in model year 2007 and later highway
vehicles and engines.
    Its use may damage these vehicles and engines.
* * * * *

0
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.
* * * * *

0
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.
* * * * *

0
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.
* * * * *

0
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 an ECA is prohibited except as allowed by 40 CFR Part
1043.
    (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 U.S. 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>.

0
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), 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.
* * * * *

0
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, and 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.
* * * * *

0
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?

* * * * *

0
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.

0
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.
0
22. Section 80.590 is amended as follows:
0
a. By revising the section heading.
0
b. By revising paragraphs (a) introductory text, (a)(5), (a)(6)
introductory text, and (a)(6)(ii).
0
c. By adding paragraph (a)(7)(vii).
0
d. By redesignating paragraphs (e) through (i) as paragraphs (f)
through (j), respectively.
0
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 equipment,
locomotives, marine diesel engines 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.
* * * * *

0
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:
* * * * *

0
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) through (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 IRS code 26 CFR part 48 is an excluded liquid as
defined pursuant to IRS code 26 CFR 48.4081-1(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.

0
25. Section 80.598 is amended as follows:
0
a. By revising paragraphs (a)(2)(i)(A) through (F).
0
b. By adding paragraph (a)(2)(i)(H).
0
c. By revising paragraph (a)(2)(v) introductory text.
0
d. By adding paragraph (a)(3)(xv).
0
e. By revising paragraphs (b)(4)(i), (b)(4)(ii), (b)(7)(i), (b)(7)(ii),
(b)(8), (b)(9)(ii), (b)(9)(viii), and (b)(9)(x) introductory text.

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 restrictions 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, fuel intended for use outside an ECA, or fuel
otherwise allowed to be used under 40 CFR part 1043) 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.
    (iii) Exempt distillate fuels such as fuels that are covered by a
national security exemption under Sec.  80.606, fuels

that are used for purposes of research and development pursuant to
Sec.  80.607, and fuels used in the U.S. Territories pursuant to Sec.
80.608 (including additional identifying information).
    (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 September 30, 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:
* * * * *

0
26. Section 80.599 is amended as follows:
0
a. By revising paragraph (a)(1).
0
b. By removing and reserving paragraph (a)(2).
0
c. By revising paragraph (e)(4).

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

    (a) * * *
    (1) The annual compliance periods 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.
* * * * *

0
27. Section 80.600 is amended as follows:
0
a. By revising paragraphs (a)(5) and (a)(12).
0
b. By revising paragraphs (b)(1)(v)(A) and (B).
0
c. By revising paragraph (b)(3).
0
d. By revising paragraph (i).
0
e. 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 to be designated as heating oil.
    (ii) Any batches of fuel received marked pursuant to Sec.
80.510(e) shall be deemed to be 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 CFR 48.4082)
shall be deemed to be 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 to be 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.

0
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).
* * * * *

0
29. Section 80.602 is amended as follows:
0
a. By revising the section heading.
0
b. By revising paragraphs (a) introductory text, (a)(2) introductory
text, and (a)(3).
0
c. By revising paragraphs (b) introductory text, (b)(4)(i), and
(b)(4)(ii).
0
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. Sec.  80.535 or 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. Sec.  80.510, 80.513, 80.536, 80.554, 80.560, or
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).

0
30. Section 80.606 is amended as follows:
0
a. By revising the section heading.
0
b. By revising paragraph (a) introductory text and paragraph (a)(1).
0
c. By revising paragraph (b).
0
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 emission
standards under 40 CFR 85.1708, or from the nonroad engine emission
standards under 40 CFR part 89, 92, 94, 1042, or 1068.
* * * * *
    (b) The exempt fuel must meet any of the following:
    (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.

0
31. Section 80.607 is amended as follows:
0
a. By revising the section heading.
0
b. By revising paragraph (a).
0
c. By revising paragraphs (c)(3)(iv) and (c)(4).
0
d. By revising paragraphs (d)(2), (d)(3), and (d)(4).
0
e. By revising paragraph (e)(1).
0
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.
* * * * *

0
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 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.

0
33. Section 80.610 is amended as follows:
0
a. By revising paragraph (a)(1).
0
b. By revising paragraph (b).
0
c. By revising paragraph (c).
0
d. By revising paragraphs (e)(3)(iii) and (e)(4)(iii) and adding
paragraph (e)(6).
0
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, except as allowed
by 40 CFR part 1043 for ECA marine fuel.
* * * * *
    (b) Designation and volume balance violation. Produce, import,
sell, offer for sale, dispense, supply, offer for supply, store or
transport motor vehicle diesel, 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, except as allowed
by 40 CFR part 1043. This prohibition is in addition to other
prohibitions in this section.
* * * * *
    (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.

0
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:
* * * * *

0
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--
* * * * *

0
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,
except as allowed under 40 CFR part 1043, is subject to a separate day
of violation for each and every day that the noncomplying 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

0
37. The authority citation for part 85 continues to read as follows:

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

Subpart R--[Amended]

0
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:
* * * * *

0
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.

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

0
40. The authority citation for part 86 continues to read as follows:

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

Subpart A--[Amended]

Sec. Sec.  86.000-15, 86.000-21, 86000-23, 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, and 86.099-30  [Removed]

0
41. 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]

0
42. Section 86.000-28 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraph (a)(3).
0
c. By removing paragraph (a)(4)(i) introductory text.
0
d. By removing and reserving paragraphs (a)(4)(i)(A) through
(a)(4)(i)(B)(2)(i).
0
e. By removing paragraphs (a)(4)(i)(B)(2)(iii) through (a)(4)(i)(D)(2).
0
f. By removing and reserving paragraph (a)(4)(ii)(B).
0
g. By removing paragraphs (a)(4)(ii)(C) and (a)(4)(iv) and (v).
0
h. By removing and reserving paragraphs (a)(5) and (a)(6).
0
i. By removing paragraph (a)(7)(i) introductory text.
0
j. By removing and reserving paragraphs (a)(7)(ii) through (b)(4)(i).
0
k. By removing paragraphs (b)(7) through (h).

0
43. 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] TR30AP10.000

* * * * *

0
44. 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]

0
45. 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]

0
46. Section 86.094-7 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraphs (a) introductory text through
(a)(2).
0
c. By removing and reserving paragraphs (b) through (c)(2), (c)(4)
through (d)(1)(v), (d)(3) through (g), and (h)(1).
0
d. By removing paragraphs (h)(6) and (i).

Sec.  86.094-14  [Amended]

0
47. Section 86.094-14 is amended as follows:
0
a. By removing paragraph (c)(7)(i)(C)(4).
0
b. By removing and reserving paragraph (c)(11)(ii)(B)(1).
0
c. By removing paragraphs (c)(11)(ii)(B)(16) through (18).
0
d. By removing and reserving paragraphs (c)(11)(ii)(C) and
(c)(11)(ii)(D)(1) through (6)

Sec.  86.094-21  [Amended]

0
48. Section 86.094-21 is amended by removing and reserving paragraph
(b)(6).

Sec.  86.094-22  [Amended]

0
49. Section 86.094-22 is amended by removing and reserving paragraph
(d)(1).

Sec.  86.094-26  [Amended]

0
50. Section 86.094-26 is amended as follows:
0
a. By removing and reserving paragraph (a)(2).
0
b. By removing the text of paragraph (a)(3) introductory text and the
(a)(3)(i) paragraph heading.
0
c. By removing and reserving paragraphs (a)(3)(i)(A), (a)(3)(i)(C),
(a)(3)(ii)(C), and (a)(4)(i)(C).
0
d. By removing paragraph (a)(6)(iii).
0
e. By removing and reserving paragraphs (a)(9)(ii) and (b)(2)(i) and
(ii).
0
f. By removing paragraphs (b)(2)(iv) and (b)(4)(i)(C), and (D).
0
g. By removing and reserving paragraphs (b)(4)(ii), (c), and
(d)(2)(ii).

Sec.  86.094-28  [Amended]

0
51. Section 86.094-28 is amended as follows:
0
a. By removing and reserving paragraphs (a)(1) and (2).
0
b. By removing the text of paragraphs (a)(4) introductory text and
(a)(4)(i) introductory text.
0
c. By removing and reserving paragraph (a)(4)(i)(B)(2)(ii).

0
d. By removing paragraph (a)(4)(i)(C).
0
e. By removing and reserving paragraph (a)(4)(ii) and(iii).
0
f. By removing paragraph (a)(4)(v).
0
g. By removing paragraph and reserving (a)(7) introductory text.
0
h. By removing and reserving paragraphs (a)(7)(i), (b)(1) and (2), and
(b)(4)(ii).
0
i. By removing paragraphs (b)(4)(iii) and (iv), (b)(5) through (8), and
(c) and (d).

Sec.  86.094-30  [Amended]

0
52. Section 86.094-30 is amended as follows:
0
a. By removing and reserving paragraphs (a)(3) and (a)(4)(i) and (ii).
0
b. By removing and reserving paragraph (a)(4)(iv) introductory text.
0
c. By removing and reserving paragraphs (a)(10), (11), (13),
(b)(1)(ii)(B), (b)(1)(ii)(D), and (b)(2).
0
d. By removing and reserving paragraph (b)(4)(ii) introductory text.
0
e. By removing and reserving paragraph (b)(4)(ii)(B).
0
f. By removing paragraphs (b)(4)(iii) and (iv) and (f).

Sec.  86.095-14  [Amended]

0
53. 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]

0
54. Section 86.095-23 is amended as follows:
0
a. By removing and reserving paragraphs (a) and (b).
0
b. By removing and reserving paragraph (c)(2).
0
c. By removing and reserving paragraphs (d) and (e).
0
d. By removing and reserving paragraphs (h) through (k).

Sec.  86.095-26  [Amended]

0
55. Section 86.095-26 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraphs (a) through (b)(4)(i)(C) and
(b)(4)(ii)(C).
0
c. By removing paragraphs (b)(4)(iii) through (d).

Sec.  86.095-30  [Amended]

0
56. Section 86.095-30 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraphs (a)(1) through (a)(3) and
(a)(4)(i) through (iii).
0
c. By removing paragraphs (a)(4)(iv)(A) through (C).
0
d. By removing and reserving paragraphs (a)(5) through (12).
0
e. By removing paragraph (a)(14).
0
f. By removing and reserving paragraph (b).
0
g. By removing paragraphs (c) through (f).

Sec.  86.095-35  [Amended]

0
57. Section 86.095-35 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraphs (a)(2) introductory text
through (a)(2)(iii)(C).
0
c. By removing and reserving paragraph (c).

Sec.  86.096-7  [Amended]

0
58. Section 86.096-7 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraphs (a) through (h)(5).
0
c. By removing the heading for paragraph (h)(6) introductory text and
removing and reserving paragraph (h)(6)(i).
0
d. By removing paragraph (h)(7)(vii).

Sec.  86.096-8  [Amended]

0
59. Section 86.096-8 is amended as follows:
0
a. By removing paragraph (a)(1)(iii).
0
b. By removing and reserving paragraph (a)(2).
0
c. By removing paragraph (a)(3).
0
d. By removing and reserving paragraphs (b) introductory text through
(b)(4).

Sec.  86.096-21  [Amended]

0
60. Section 86.096-21 is amended by removing the introductory text and
removing and reserving paragraphs (a) through (j).

Sec.  86.096-24  [Amended]

0
61. Section 86.096-24 is amended as follows:
0
a. By removing and reserving paragraphs (a)(5) through (7), (b)(1)(i)
and (ii), and (b)(1)(vii).
0
b. By removing and reserving paragraphs (b)(1)(viii) introductory text
and (b)(1)(viii)(A).
0
c. By removing and reserving paragraph (f).
0
d. By removing paragraph (g)(3).

Sec.  86.096-26  [Amended]

0
62. Section 86.096-26 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraphs (a) and (b).
0
c. By removing and reserving paragraphs (c)(1) through (c)(3).
0
d. By removing paragraph (d).

Sec.  86.096-30  [Amended]

0
63. Section 86.096-30 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraphs (a)(1) through (14).
0
c. By removing paragraphs (a)(19) through (24).
0
d. By removing and reserving paragraph (b).
0
e. By removing paragraphs (c) through (f).

Sec.  86.097-9  [Amended]

0
64. Section 86.097-9 is amended as follows:
0
a. By removing paragraph (a)(1)(iv).
0
b. By removing and reserving paragraph (a)(2).
0
c. By removing paragraph (a)(3).
0
d. By removing and reserving paragraphs (b) and (d) through (f).

Sec.  86.098-10  [Amended]

0
65. Section 86.098-10 is amended by removing and reserving paragraph
(b).

Sec.  86.098-23  [Amended]

0
66. Section 86.098-23 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraphs (b)(2), (c), and (d)(2).
0
c. By removing paragraph (d)(3).
0
d. By removing and reserving paragraphs (f) through (g) and (l).

Sec.  86.098-24  [Amended]

0
67. Section 86.098-24 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing paragraph (a) introductory text.
0
c. By removing and reserving paragraphs (a)(1) through (4).
0
d. By removing paragraph (a)(8) through (15).
0
e. By removing and reserving paragraphs (b) introductory text and(b)(1)
introductory text.
0
f. By removing and reserving paragraphs (b)(1)(i) through (vi) and
(b)(1)(viii)(B).
0
g. By removing paragraphs (b)(1)(ix) through (xii).
0
h. By removing and reserving paragraph (b)(2).
0
i. By removing paragraphs (b)(3) and (c) through (h).

Sec.  86.098-25  [Amended]

0
68. Section 86.098-25 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraph (a).
0
c. By removing and reserving paragraph (b) introductory text.

0
d. By removing and reserving paragraphs (b)(1) through (2).
0
e. By removing and reserving paragraph (b)(3) introductory text through
(b)(3)(vi)(D).
0
f. By removing paragraphs (b)(3)(vii), (b)(4) through (7), and (c)
through (h).

Sec.  86.098-26  [Amended]

0
69. Section 86.098-26 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraphs (a)(1) and (2).
0
c. By removing and reserving paragraphs (a)(3) introductory text and
(a)(3)(i)(A) and (B).
0
d. By removing paragraph (a)(3)(i)(D).
0
e. By removing and reserving paragraph (a)(3)(ii)(A) and (B).
0
h. By removing paragraphs (a)(3)(ii)(D) and (a)(4) through (11).
0
i. By removing and reserving paragraph (b).
0
j. By removing paragraphs (c) through (d).

Sec.  86.098-28  [Amended]

0
70. Section 86.098-28 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraphs (a)(1) through (a)(3).
0
c. By removing and reserving paragraphs (a)(4)(i) introductory text,
(a)(4)(i)(A) and (B), and (a)(4)(ii)(A) .
0
d. By removing and reserving paragraphs (a)(4)(iii) and (iv).
0
f. By removing and reserving paragraphs (a)(5) and (6), (a)(7)(i) and
(ii), and (b).
0
g. By removing paragraphs (c) through (h).

Sec.  86.098-30  [Amended]

0
71. Section 86.098-30 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraphs (a)(1) through (18), (b)(1),
and (b)(3).
0
c. By removing and reserving paragraphs (b)(4) introductory text,
(b)(4)(i), and (b)(4)(ii)(A).
0
d. By removing paragraphs (b)(5) through (f).

Sec.  86.099-8  [Amended]

0
72. Section 86.099-8 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraph (a)(1) introductory text.
0
c. By removing and reserving paragraphs (a)(1)(i) and (ii), (b)(5), and
(c).
0
d. By removing paragraphs (e) through (k).

Sec.  86.099-9  [Amended]

0
73. Section 86.099-9 is amended as follows:
0
a. By removing the introductory text.
0
b. By removing and reserving paragraph (a)(1) introductory text.
0
c. By removing and reserving paragraphs (a)(1)(i) through (iii).
0
d. By removing paragraph (c) through (k).

Subpart B--[Amended]

0
74. Section 86.138-96 is amended by revising paragraph (k) to read as
follows:

Sec.  86.138-96  Hot soak test.

* * * * *
    (k) For the supplemental two-diurnal test sequence (see Sec.
86.130-96), perform a hot soak test as described in this section,
except that the test shall be conducted within seven minutes after
completion of the hot start exhaust test and temperatures throughout
the hot soak measurement period must be between 68 [deg] and 86 [deg]F.
This hot soak test is followed by two consecutive diurnal heat builds,
described in Sec.  86.133-96(p).
* * * * *

0
75. Section 86.144-94 is amended by revising paragraph (c)(7)(ii) to
read as follows:

Sec.  86.144-94  Calculations; exhaust emissions.

* * * * *
    (c) * * *
    (7) * * *
    (ii) For methanol-fueled vehicles, where fuel composition is
CxHyOz as measured, or calculated, for
the fuel used:
[GRAPHIC] [TIFF OMITTED] TR30AP10.001

* * * * *

Subpart E--[Amended]

0
76. Section 86.415-78 is amended by revising paragraph (b) to read as
follows:

Sec.  86.415-78  Production vehicles.

* * * * *
    (b) Any manufacturer obtaining certification shall notify the
Administrator of the number of vehicles of each engine family-engine
displacement-emission control system-fuel system-transmission type-
inertial mass category combination produced for sale in the United
States during the preceding year. This report must be submitted every
year within 45 days after the end of the model year.
* * * * *

Subpart G--Selective Enforcement Auditing of New Light-Duty
Vehicles, Light-Duty Trucks, and Heavy-Duty Vehicles

0
77. The heading for subpart G is revised as set forth above.

0
78. Section 86.601-84 is amended by revising the introductory text to
read as follows:

Sec.  86.601-84  Applicability.

    The provisions of this subpart apply to light-duty vehicles, light-
duty trucks, and heavy-duty vehicles. However, manufacturers that
optionally certify heavy-duty vehicles based on chassis testing under
Sec.  86.1863-07 may choose instead to perform selective enforcement
audits using the procedures specified in 40 CFR part 1068, subpart E.
References to ``light-duty vehicle'' or ``LDT'' in this subpart G shall
be deemed to include light-duty trucks and heavy-duty vehicles as
appropriate.
* * * * *

0
79. Subpart K, consisting of Sec.  86.1001, is revised to read as
follows:

Subpart K--Selective Enforcement Auditing of New Heavy-Duty Engines

Sec.  86.1001  Applicability.

    (a) The selective enforcement auditing program described in 40 CFR
part 1068,

subpart E, applies for all heavy-duty engines as described in this
section. In addition, the provisions of 40 CFR 1068.10 and 1068.20
apply for any selective enforcement audits of these engines.
    (b) For heavy-duty engines, the prescribed test procedure is the
Federal Test Procedure as described in subparts I, N, and P of this
part (including provisions of 40 CFR part 1065 as specified in this
part), except that they shall not be subject to the test procedures
specified in Sec. Sec.  86.1360(b)(2) and (f), 86.1370, 86.1372, and
86.1380. The Administrator may, on the basis of a written application
by a manufacturer, approve optional test procedures other than those in
subparts I, N, and P of this part for any heavy-duty vehicle which is
not susceptible to satisfactory testing using the procedures in
subparts I, N, and P of this part.

Subpart N--[Amended]

0
80. Section 86.1305-2010 is amended by revising paragraph (h)(2) to
read as follows:

Sec.  86.1305-2010  Introduction; structure of subpart.

* * * * *
    (h) * * *
    (2) Follow the provisions of 40 CFR 1065.342 to verify the
performance of any sample dryers in your system. Correct your
measurements according to 40 CFR 1065.659, except use the value of
Kw in Sec.  86.1342-90(i) as the value of (1-
xH2Oexh) in Equation 1065.659-1.
* * * * *

Subpart T--[Amended]

0
81. Section 86.1910 is amended by revising paragraph (d) to read as
follows:

Sec.  86.1910  How must I prepare and test my in-use engines?

* * * * *
    (d) You must test the selected engines while they remain installed
in the vehicle. Use portable emission sampling equipment and field-
testing procedures referenced in Sec.  86.1375. Measure emissions of
THC, NMHC (by any method specified in 40 CFR part 1065, subpart J), CO,
NOX, PM (as appropriate), and CO2. Measure or
determine O2 emissions using good engineering judgment.
* * * * *

PART 94--CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION
ENGINES

0
82. The authority citation for part 94 continues to read as follows:

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

Subpart A--[Amended]

0
83. Section 94.1 is amended by revising paragraph (b)(3) to read as
follows:

Sec.  94.1  Applicability.

* * * * *
    (b) * * *
    (3) Marine engines subject to the standards of 40 CFR part 1042,
and marine engines that optionally certify (to the Tier 1 or Tier 2
standards) under the provisions of 40 CFR part 1042. Note that 40 CFR
1042.1 specifies that marine compression-ignition engines that are not
certified under this part are subject to 40 CFR part 1042. Such engines
may also be subject to the standards of this part 94.
* * * * *

0
84. Section 94.12 is amended by adding paragraph (j) to read as
follows:

Sec.  94.12  Interim provisions.

* * * * *
    (j) Transition to new category thresholds. Beginning model year
2012, engines with maximum engine power at or below 3700 kW with per-
cylinder displacement at or above 5.0 liters and below 7.0 liters are
Category 1 engines subject to 40 CFR part 1042. Similarly, beginning
model year 2014, engines with maximum engine power above 3700 kW with
per-cylinder displacement at or above 5.0 liters and below 7.0 liters
are Category 1 engines subject to 40 CFR part 1042. For purposes of
this paragraph (j), maximum engine power has the meaning given in 40
CFR 1042.901.

Subpart J--[Amended]

0
85. Section 94.904 is amended by revising paragraph (a) to read as
follows:

Sec.  94.904  Exemptions.

    (a) Except as specified otherwise in this subpart, the provisions
of Sec. Sec.  94.904 through 94.913 exempt certain new engines from the
standards, other requirements, and prohibitions of this part, except
for the requirements of this subpart and the requirements of Sec.
94.1104. Additional requirements may apply for imported engines; these
are described in subpart I of this part. Engines may also be exempted
from the standards of this part under the provisions of 40 CFR part
1042 or part 1068.
* * * * *

PART 1027--FEES FOR ENGINE, VEHICLE, AND EQUIPMENT COMPLIANCE
PROGRAMS

0
86. The authority citation for part 1027 continues to read as follows:

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

0
87. Section 1027.101 is amended as follows:
0
a. By revising paragraph (a)(2)(iii).
0
b. By adding paragraph (a)(4).
0
c. By revising paragraph (d).

Sec.  1027.101  To whom do these requirements apply?

    (a) * * *
    (2) * * *
    (iii) Marine compression-ignition engines we regulate under 40 CFR
part 94, 1042, or 1043.
* * * * *
    (4) Portable fuel containers we regulate under 40 CFR part 59,
subpart F.
* * * * *
    (d) Paragraph (a) of this section identifies the parts of the CFR
that define emission standards and other requirements for particular
types of engines, vehicles, and fuel-system components. This part 1027
refers to each of these other parts generically as the ``standard-
setting part.'' For example, 40 CFR part 1051 is always the standard-
setting part for recreational vehicles. For some nonroad engines, we
allow for certification related to evaporative emissions separate from
exhaust emissions. In this case, 40 CFR part 1060 is the standard-
setting part for the equipment or fuel system components you produce.

0
88. Section 1027.105 is amended by revising paragraph (b)(3) to read as
follows:

Sec.  1027.105  How much are the fees?

* * * * *
    (b) * * *
    (3) The following fees apply for nonroad and stationary engines,
vehicles, equipment, and components:

------------------------------------------------------------------------
             Category                 Certificate type          Fee
------------------------------------------------------------------------
(i) Locomotives and locomotive      All.................            $826
 engines.
(ii) Marine compression-ignition    All, including EIAPP             826
 engines and stationary
 compression-ignition engines with
 per-cylinder displacement at or
 above 10 liters.

(iii) Other nonroad compression-    All.................           1,822
 ignition engines and stationary
 compression-ignition engines with
 per-cylinder displacement below
 10 liters.
(iv) Large SI engines.............  All.................             826
(v) Stationary spark-ignition       All.................             826
 engines above 19 kW.
(vi) Marine SI engines and Small    Exhaust only........             826
 SI engines.
(vii) Stationary spark-ignition     Exhaust only........             826
 engines at or below 19 kW.
(viii) Recreational vehicles......  Exhaust (or combined             826
                                     exhaust and evap).
(ix) Equipment and fuel-system      Evap (where separate             241
 components associated with          certification is
 nonroad and stationary spark-       required).
 ignition engines, including
 portable fuel containers.
------------------------------------------------------------------------

* * * * *

0
89. Section 1027.115 is amended by revising paragraph (g) to read as
follows:

Sec.  1027.115  What special provisions apply for certification related
to nonroad and stationary engines?

* * * * *
    (g) For marine compression-ignition engines, if you apply for a
Federal certificate and an EIAPP certificate for the same engine
family, a single fee applies for the engine family (see 40 CFR parts
94, 1042, and 1043).
* * * * *

0
89b. Section 1027.150 is amended by revising the section heading to
read as follows and removing the definition of ``Annex VI.''

Sec.  1027.150  What definitions apply to this part?

* * * * *

PART 1033--CONTROL OF EMISSIONS FROM LOCOMOTIVES

0
90. The authority citation for part 1033 continues to read as follows:

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

Subpart A--[Amended]

0
91. Section 1033.15 is amended by revising paragraph (a) to read as
follows:

Sec.  1033.15  Other regulation parts that apply for locomotives.

    (a) Part 1065 of this chapter describes procedures and equipment
specifications for testing engines to measure exhaust emissions.
Subpart F of this part 1033 describes how to apply the provisions of
part 1065 of this chapter to test locomotives to determine whether they
meet the exhaust emission standards in this part.
* * * * *
0
92. A new Sec.  1033.30 is added to subpart A to read as follows:

Sec.  1033.30  Submission of information.

    (a) This part includes various requirements to record data or other
information. Refer to Sec.  1033.925 and 40 CFR 1068.25 regarding
recordkeeping requirements. Unless we specify otherwise, store these
records in any format and on any media and keep them readily available
for one year after you send an associated application for
certification, or one year after you generate the data if they do not
support an application for certification. You must promptly send us
organized, written records in English if we ask for them. We may review
them at any time.
    (b) The regulations in Sec.  1033.255 and 40 CFR 1068.101 describe
your obligation to report truthful and complete information and the
consequences of failing to meet this obligation. This includes
information not related to certification.
    (c) Send all reports and requests for approval to the Designated
Compliance Officer (see Sec.  1033.901).
    (d) Any written information we require you to send to or receive
from another company is deemed to be a required record under this
section. Such records are also deemed to be submissions to EPA. We may
require you to send us these records whether or not you are a
certificate holder.

Subpart B--[Amended]

0
93. Section 1033.101 is amended by revising paragraph (d) to read as
follows:

Sec.  1033.101  Exhaust emission standards.

* * * * *
    (d) Averaging, banking, and trading. You may generate or use
emission credits under the averaging, banking, and trading (ABT)
program as described in subpart H of this part to comply with the
NOX and/or PM standards of this part. You may also use ABT
to comply with the Tier 4 HC standards of this part as described in
paragraph (j) of this section. Generating or using emission credits
requires that you specify a family emission limit (FEL) for each
pollutant you include in the ABT program for each engine family. These
FELs serve as the emission standards for the engine family with respect
to all required testing instead of the standards specified in
paragraphs (a) and (b) of this section. FELs may not be higher than the
following limits:
    (1) FELs for Tier 0 and Tier 1 locomotives originally manufactured
before 2002 may have any value.
    (2) FELs for Tier 1 locomotives originally manufactured 2002
through 2004 may not exceed 9.5 g/bhp-hr for NOX emissions
or 0.60 g/bhp-hr for PM emissions measured over the line-haul duty
cycle. FELs for these locomotives may not exceed 14.4 g/bhp-hr for
NOX emissions or 0.72 g/bhp-hr for PM emissions measured
over the switch duty cycle.
    (3) FELs for Tier 2 and Tier 3 locomotives may not exceed the Tier
1 standards of this section.
    (4) FELs for Tier 4 locomotives may not exceed the Tier 3 standards
of this section.
* * * * *

0
94. Section 1033.115 is amended by revising paragraph (f) to read as
follows:

Sec.  1033.115  Other requirements.

* * * * *
    (f) Defeat devices. You may not equip your locomotives with a
defeat device. A defeat device is an auxiliary emission control device
(AECD) that reduces the effectiveness of emission controls under
conditions that the locomotive may reasonably be expected to encounter
during normal operation and use.
    (1) This does not apply to AECDs you identify in your application
for certification if any of the following is true:
    (i) The conditions of concern were substantially included in the
applicable duty cycle test procedures described in subpart F of this
part.
    (ii) You show your design is necessary to prevent locomotive damage
or accidents.
    (iii) The reduced effectiveness applies only to starting the
locomotive.
    (iv) The locomotive emissions when the AECD is functioning are at
or below the notch caps of Sec.  1033.101.
    (2) This does not apply to AECDs related to hotel mode that conform
to the specifications of this paragraph (f)(2). This provision is
intended for AECDs that have the primary function of operating the
engine at a different speed than would be done to generate

the same propulsive power when not operating in hotel mode. Identify
and describe these AECDs in your application for certification. We may
allow the AECDs to modify engine calibrations where we determine that
such modifications are environmentally beneficial or needed for proper
engine function. You must obtain preliminary approval under Sec.
1033.210 before incorporating such modifications. Otherwise, you must
apply the same injection timing and intake air cooling strategies in
hotel mode and non-hotel mode.
* * * * *

0
95. Section 1033.120 is amended by revising paragraph (c) to read as
follows:

Sec.  1033.120  Emission-related warranty requirements.

* * * * *
    (c) Components covered. The emission-related warranty covers all
components whose failure would increase a locomotive's emissions of any
regulated pollutant. This includes components listed in 40 CFR part
1068, Appendix I, and components from any other system you develop to
control emissions. The emission-related warranty covers the components
you sell even if another company produces the component. Your emission-
related warranty does not need to cover components whose failure would
not increase a locomotive's emissions of any regulated pollutant. For
remanufactured locomotives, your emission-related warranty is required
to cover only those parts that you supply or those parts for which you
specify allowable part manufacturers. It does not need to cover used
parts that are not replaced during the remanufacture.
* * * * *

0
95b. Section 1033.150 amended by revising paragraph (a)(4) and
redesignating paragraph (k)(1) as paragraph (l) to read as follows:

Sec.  1033.150  Interim provisions.

* * * * *
    (a) * * *
    (4) Estimate costs as follows:
    (i) The cost limits described in paragraph (a)(1) of this section
are specified in terms of 2007 dollars. Adjust these values for future
years according to the following equation:

Actual Limit = (2007 Limit) x [(0.6000) x (Commodity Index) + (0.4000)
x (Earnings Index)]

Where:

2007 Limit = The value specified in paragraph (a)(1) of this section
($250,000 or $125,000).
Commodity Index = The U.S. Bureau of Labor Statistics Producer Price
Index for Industrial Commodities Less Fuel (Series WPU03T15M05) for
the month prior to the date you submit your application divided by
173.1.
Earnings Index = The U.S. Bureau of Labor Statistics Estimated
Average Hourly Earnings of Production Workers for Durable
Manufacturing (Series CES3100000008) for the month prior to the date
you submit your application divided by 18.26.

    (ii) Calculate all costs in current dollars (for the month prior to
the date you submit your application). Calculate fuel costs based on a
fuel price adjusted by the Association of American Railroads' monthly
railroad fuel price index (P), which is available at https://
www.aar.org//media/AAR/RailCostIndexes/Index_MonthlyFuelPrices.ashx.
(Use the value for the column in which P equals 539.8 for November
2007.) Calculate a new fuel price using the following equation:

Fuel Price = ($2.76 per gallon) x (P/539.8)
* * * * *

Subpart C--[Amended]

0
96. Section 1033.220 is amended by revising the introductory text and
paragraph (a) to read as follows:

Sec.  1033.220  Amending maintenance instructions.

    You may amend your emission-related maintenance instructions after
you submit your application for certification, as long as the amended
instructions remain consistent with the provisions of Sec.  1033.125.
You must send the Designated Compliance Officer a request to amend your
application for certification for an engine family if you want to
change the emission-related maintenance instructions in a way that
could affect emissions. In your request, describe the proposed changes
to the maintenance instructions. If owners/operators follow the
original maintenance instructions rather than the newly specified
maintenance, this does not allow you to disqualify those locomotives
from in-use testing or deny a warranty claim.
    (a) If you are decreasing or eliminating any of the specified
maintenance, you may distribute the new maintenance instructions to
your customers 30 days after we receive your request, unless we
disapprove your request. This would generally include replacing one
maintenance step with another. We may approve a shorter time or waive
this requirement.
* * * * *

0
97. Section 1033.225 is amended as follows:
0
a. By revising the introductory text.
0
b. By revising paragraphs (b) introductory text and (b)(2).
0
c. By revising paragraphs (e) and (f).

Sec.  1033.225  Amending applications for certification.

    Before we issue you a certificate of conformity, you may amend your
application to include new or modified locomotive configurations,
subject to the provisions of this section. After we have issued your
certificate of conformity, you may send us an amended application
requesting that we include new or modified locomotive configurations
within the scope of the certificate, subject to the provisions of this
section. You must also amend your application if any changes occur with
respect to any information that is included or should be included in
your application. For example, you must amend your application if you
determine that your actual production variation for an adjustable
parameter exceeds the tolerances specified in your application.
* * * * *
    (b) To amend your application for certification, send the relevant
information to the Designated Compliance Officer.
* * * * *
    (2) Include engineering evaluations or data showing that the
amended engine family complies with all applicable requirements. You
may do this by showing that the original emission-data locomotive is
still appropriate for showing that the amended family complies with all
applicable requirements.
* * * * *
    (e) For engine families already covered by a certificate of
conformity, you may start producing the new or modified locomotive
anytime after you send us your amended application, before we make a
decision under paragraph (d) of this section. However, if we determine
that the affected locomotives do not meet applicable requirements, we
will notify you to cease production of the locomotives and may require
you to recall the locomotives at no expense to the owner. Choosing to
produce locomotives under this paragraph (e) is deemed to be consent to
recall all locomotives that we determine do not meet applicable
emission standards or other requirements and to remedy the
nonconformity at no expense to the owner. If you do not provide
information required under paragraph

(c) of this section within 30 days after we request it, you must stop
producing the new or modified locomotives.
    (f) You may ask us to approve a change to your FEL in certain cases
after the start of production. The changed FEL may not apply to
locomotives you have already introduced into U.S. commerce, except as
described in this paragraph (f). If we approve a changed FEL after the
start of production, you must include the new FEL on the emission
control information label for all locomotives produced after the
change. You may ask us to approve a change to your FEL in the following
cases:
    (1) You may ask to raise your FEL for your engine family at any
time. In your request, you must show that you will still be able to
meet the emission standards as specified in subparts B and H of this
part. If you amend your application by submitting new test data to
include a newly added or modified locomotive, as described in paragraph
(b)(3) of this section, use the appropriate FELs with corresponding
production volumes to calculate emission credits for the model year, as
described in subpart H of this part. In all other circumstances, you
must use the higher FEL for the entire family to calculate emission
credits under subpart H of this part.
    (2) You may ask to lower the FEL for your emission family only if
you have test data from production locomotives showing that emissions
are below the proposed lower FEL. The lower FEL applies only to engines
or fuel-system components you produce after we approve the new FEL. Use
the appropriate FELs with corresponding production volumes to calculate
emission credits for the model year, as described in subpart H of this
part.

0
98. Section 1033.235 is amended by revising paragraphs (c) and (d)
introductory text to read as follows:

Sec.  1033.235  Emission testing required for certification.

* * * * *
    (c) We may measure emissions from any of your emission-data
locomotives or other locomotives from the engine family.
    (1) We may decide to do the testing at your plant or any other
facility. If we do this, you must deliver the locomotive to a test
facility we designate. If we do the testing at your plant, you must
schedule it as soon as possible and make available the instruments,
personnel, and equipment we need.
    (2) If we measure emissions from one of your locomotives, the
results of that testing become the official emission results for the
locomotive. Unless we later invalidate these data, we may decide not to
consider your data in determining if your engine family meets
applicable requirements.
    (3) Before we test one of your locomotives, we may set its
adjustable parameters to any point within the adjustable ranges (see
Sec.  1033.115(b)).
    (4) Before we test one of your locomotives, we may calibrate it
within normal production tolerances for anything we do not consider an
adjustable parameter. For example, this would apply where we determine
that an engine parameter is not an adjustable parameter (as defined in
Sec.  1033.901) but that it is subject to production variability.
    (d) You may ask to use carryover emission data from a previous
model year instead of doing new tests if all the following are true:
* * * * *

0
99. Section 1033.240 is amended by revising paragraph (a) introductory
text and paragraph (b) introductory text to read as follows:

Sec.  1033.240  Demonstrating compliance with exhaust emission
standards.

    (a) For purposes of certification, your engine family is considered
in compliance with the applicable numerical emission standards in Sec.
1033.101 if all emission-data locomotives representing that family have
test results showing official emission results and deteriorated
emission levels at or below these standards.
* * * * *
    (b) Your engine family is deemed not to comply if any emission-data
locomotive representing that family has test results showing an
official emission result or a deteriorated emission level for any
pollutant that is above an applicable emission standard. Use the
following steps to determine the deteriorated emission level for the
test locomotive:
* * * * *

0
100. Section 1033.255 is amended by revising paragraph (b) to read as
follows:

Sec.  1033.255  EPA decisions.

* * * * *
    (b) We may deny your application for certification if we determine
that your engine family fails to comply with emission standards or
other requirements of this part or the Clean Air Act. We will base our
decision on all available information. If we deny your application, we
will explain why in writing.
* * * * *

Subpart D--[Amended]

0
101. Section 1033.325 is amended by revising paragraph (d) to read as
follows:

Sec.  1033.325  Maintenance of records; submittal of information.

* * * * *
    (d) Nothing in this section limits our authority to require you to
establish, maintain, keep or submit to us information not specified by