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6370 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed RulesTABLE IV–1 1 .—1990 NATIONAL EMISSION INVENTORIES: ALL SOURCES, MOBILE SOURCES, AND LOCOMOTIVES—Continued[millions of metric tons]EmissionTotal from allsourcesMobilesourcesLocomotivesCO ................................................................................................................................................ 91.31 70.31 .111 Data for all pollutants from all sources and mobile sources is taken from ‘‘National Air Pollutant Emission Trends, 1900–1994’’, U.S. EnvironmentalProtection Agency, EPA–454/R–95–011, October 1995. Locomotive pollutant estimates are derived from emission factors (contained inTable IV–3), along with fuel consumption data and a bhp–hr/gallon conversion factor. The trends report, based on older locomotive emission factors,reports locomotive PM–10 at 0.04 million metric tons. The trends report mobile source inventories were not updated to reflect the revisedrailroad inventories, but nonetheless provide an idea of the magnitude of locomotive emissions. The trends report mobile source inventory forVOC does not specify the emissions contribution of locomotives.TABLE IV–2.—LOCOMOTIVE CONTRIBUTIONS TO NATIONAL INVENTORY IN 1990 AS A PERCENTAGE OF ALL SOURCES ANDOF MOBILE SOURCESEmissionPercent of allsources contributedby locomotivesPercent of mobilesourcescontributed bylocomotivesNO X .......................................................................................................................................................................... 4.67 10.4PM–10 ...................................................................................................................................................................... 0.061 3.65VOC .......................................................................................................................................................................... .18 0.47CO ............................................................................................................................................................................ .12 0.16B. Locomotive Emission RatesEPA received information from EMD,GE and the Association of AmericanRailroads (AAR) regarding emissions ofHC, CO, NO X and PM from locomotives.This information is summarized in theRegulatory Support Document (RSD) forthis rulemaking. Based on thisinformation, EPA calculated estimatesof average emissions rates for line-hauland switch locomotives. Table IV–3shows estimated nationwide averageemissions for each category, expressedin grams per brake horsepower-hour (g/bhp–hr). It should be noted that,although line-haul locomotives appearto be much cleaner than switchlocomotives, this is merely an artifact ofthe fact that g/bhp–hr emission rates aremuch higher at low power modes, andswitch locomotives operate in lowpower modes a greater percentage oftime than do line-haul locomotives. Adescription of the methodology used byEPA in determining these emission ratesis included in the RSD in the docket.EPA requests comment on theseestimated emissions rates. Commentersare encouraged to include additionalemissions data where possible.TABLE IV–3.—CURRENT ESTIMATED LINE-HAUL AND SWITCH LOCOMOTIVE EMISSIONS RATES (G/BHP–HR)HC CO NO X PM Smoke (percent opacity)Line-hau ........................................................................... 0.5 1.5 13.5 0.34 Equivalent to HDDE 1Switch .............................................................................. 1.1 2.4 19.8 0.41 Equivalent to HDDE.1 Heavy-duty diesel motor vehicle engine.V. Description of the ProposalThis section contains a description oftoday’s proposed emissions controlprogram for new locomotives andlocomotive engines. The subjectsdiscussed are applicability, emissionstandards, test procedures, certificationand testing requirements, enforcement,railroad requirements, preemption, andother miscellaneous topics. This sectionalso includes a discussion of the variousoptions EPA considered in developingthe proposal. The Agency requestscomments on these other options, aswell as on the actual proposal. Theinterested reader is referred to theproposed regulatory text and the RSDfor a more detailed discussion of manyof these issues.A. ApplicabilitySection 213(a)(5) of the Act specifiesthat EPA shall establish emissionstandards for ‘‘new locomotives andnew engines used in locomotives.’’Thus, the general applicability of thisaction is determined by the definition of‘‘new locomotive’’ and ‘‘new locomotiveengine’’. The Act, however, does notdefine ‘‘new locomotive’’ or ‘‘newlocomotive engine,’’ which gives theAgency some discretion in defining thecategory of locomotives and locomotivesengines that should be considered‘‘new’’. EPA proposes to define ‘‘newlocomotive’’ and ‘‘new locomotiveengine’’ to mean a locomotive orlocomotive engine the equitable or legaltitle to which has never been transferredto an ultimate purchaser; and alocomotive or locomotive engine thathas been remanufactured, until it isplaced back into service. Where theequitable or legal title to a locomotive orlocomotive engine is not transferredbefore the engine or vehicle is placedinto service, then the locomotive orlocomotive engine will be new until itis placed into service. EPA alsoproposes to define importedlocomotives and locomotive engines tobe new unless they are covered by acertificate of conformity at the time ofimportation. Finally, EPA proposes tolimit the applicability of the definitionof new locomotive and new locomotiveengine to locomotives and locomotiveengines originally manufactured after1972. As is described in the RSD, theapplicability would be limited in thismanner to eliminate the unwarranted