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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules6367EPA is proposing emissions standardsfor new locomotives and new enginesused in locomotives pursuant to itsauthority under section 213 of the CleanAir Act. Section 213(a)(5) directs EPA toadopt emissions standards for newlocomotives and new engines used inlocomotives that achieve the greatestdegree of emissions reductionsachievable through the use oftechnology that the Administratordetermines will be available for suchvehicles and engines, taking intoaccount the cost of applying suchtechnology within the available timeperiod, and noise, energy, and safetyfactors associated with the applicationof such technology. As described in thisnotice and in the regulatory supportdocument, EPA has evaluated theavailable information to determine thetechnology that will be available forlocomotives and engines proposed to besubject to EPA standards.EPA is also acting under its authorityto implement and enforce thelocomotive emission standards. Section213(d) provides that the standards EPAadopts for new locomotives and newengines used in locomotives ‘‘shall besubject to sections 206, 207, 208, and209’’ of the Clean Air Act, with suchmodifications that the Administratordeems appropriate to the regulationsimplementing these sections. 1 Inaddition, the locomotive standards‘‘shall be enforced in the same manneras [motor vehicle] standards prescribedunder section 202’’ of the Act. Section213(d) also grants EPA authority topromulgate or revise regulations asnecessary to determine compliancewith, and enforce, standards adoptedunder section 213. Pursuant to thisauthority, EPA is proposing thatmanufacturers (includingremanufacturers) of new locomotivesand new engines used in locomotivesmust obtain a certificate of compliancewith EPA’s emissions standards andrequirements, and must subject thelocomotives and engines to assemblyline and in-use testing. The language ofsection 213(d) directs EPA to generallyenforce the locomotive emissionsstandards in the same manner as itenforces motor vehicle emissionsstandards. Pursuant to this authority,EPA is proposing regulations similar tothose adopted for motor vehicles andengines under section 203 of the Act,which prescribes certain enforcementrelatedprohibitions, including aprohibition against introducing a new1 Sections 206, 207, 208, and 209 of the Act covercompliance testing and certification, in-usecompliance, information collection, and statestandards, respectively.vehicle or engine that is not covered bya valid certificate of conformity intocommerce, a prohibition againsttampering, and a prohibition onimporting a vehicle or engine into theUnited States without a valid,applicable certificate of conformity. Inaddition, EPA is proposing emissiondefect regulations that requiremanufacturers to report to EPAemissions-related defects that affect agiven class or category of engines.EPA is also proposing regulations toclarify the scope of preemption of stateregulation. Section 209(e) prohibitsstates from adopting and enforcingstandards and other requirementsrelating to the control of emissions fromnew locomotives and new engines usedin locomotives. This provision alsogrants EPA authority to adoptregulations to implement section 209(e).Pursuant to this authority, EPA isproposing to adopt regulations toimplement the express preemption ofstate emissions standards for newlocomotives and new engines used inlocomotives, for the purpose ofclarifying the scope of preemption forstates and industry.III. BackgroundA. LocomotivesLocomotives generally fall into threebroad categories based on their intendeduse. Switch locomotives, typically 1500kilowatts (kW) or less, (2000horsepower (hp)), are the least powerfullocomotives, and are used in freightyards to assemble and disassembletrains, or for short hauls of small trains.Passenger locomotives are powered byengines of approximately 2200 kW(3000 hp), and may be equipped with anauxiliary engine to provide hotel powerfor the train, although they may alsogenerate hotel power (i.e., electricalpower used for lighting, heating, etc. inthe passenger cars) with the mainengine. Freight or line-haul locomotivesare the most powerful locomotives andare used to power freight trainoperations over long distances. Olderline-haul locomotives are typicallypowered by engines of approximately2,200 kW (3,000 hp), while newer linehaullocomotives are powered byengines of approximately 3,000 kW(4,000 hp). In some cases, older linehaullocomotives (especially lowerpowered ones) are used in switchapplications. The industry expects thatthe next generation of freshlymanufactured line-haul locomotiveswill be powered by 4,500 kW (6,000 hp)engines.One unique feature of locomotivesthat makes them different than other,currently regulated mobile sources isthe way that power is transferred fromthe engine to the wheels. Most mobilesources utilize mechanical means (i.e., atransmission) to transfer energy from theengine to the wheels (or other site ofuse). This results in engine operationwhich is very transient in nature, withrespect to changes in both speed andload. In contrast, locomotive engines aretypically connected to an electricalgenerator to convert the mechanicalenergy to electricity. This electricity isthen used to power traction motorswhich turn the wheels. This lack of adirect, mechanical connection betweenthe engine and the wheels allows theengine to operate in an essentiallysteady state mode in a number ofdiscrete power settings, or notches.Current locomotives typically have eightpower notches, as well as one or twoidle settings.A second unique feature oflocomotives setting them apart fromother mobile sources is their brakingsystem. In this braking system, calledthe dynamic brake, the traction motorsact as generators, with the generatedpower being dissipated as heat throughan electric resistance grid. While theengine is not generating motive power(i.e., power to propel the locomotive,also known as tractive power) in thedynamic brake mode, it is generatingpower to operate the resistance gridcooling fans. As such, the engine isoperating in a power mode that isdifferent than the power notches or idlesettings just discussed. While mostdiesel electric locomotives havedynamic brakes, some do not (generallyswitch locomotives).B. RailroadsIn the United States, freight railroadsare subdivided into three classes by theFederal Surface Transportation Board(STB), based on annual revenue. In 1994a railroad was classified as a Class Irailroad if annual revenue was $255.9million or greater, as a Class II railroadwith annual revenue of between $20.5and 255.8 million, and as a Class IIIrailroad with revenues of under $20.5million. In 1994, there were 12 Class Irailroads and 519 Class II and IIIrailroads operating in the U.S. Due to arecent merger of two railroads, there arecurrently 11 Class I railroads operatingin the U.S. Class I railroads presentlyoperate approximately 18,500locomotives in the U.S., while Class IIand III railroads operate approximately2,650 locomotives. 22 Railroad Facts, 1995 Edition, Association ofAmerican Railroads, September, 1995.