TO: U.S. Environmental Protection Agency Air Docket

> Attention: Docket No. OAR-2003-0190

COMMENTS FROM: Kathleen A. McGinty, Secretary

Pennsylvania Department of Environmental Protection

PO Box 2063

Harrisburg, PA 17105-2063

717-787-2814

On behalf of the Pennsylvania Department of Environmental Protection, we
are pleased to provide the following comments on the U.S. Environmental
Protection Agency's (EPA's) Advance Notice of Proposed Rulemaking on the
*Control of Emissions from New Locomotive Engines and New Marine
Compression-Ignition Engines Less than 30 Liters per Cylinder*, as
published in the *Federal Register* on June 29, 2004 (69 FR 39276).

Pennsylvania commends EPA for its remarkable achievements in
promulgating rules to reduce diesel emissions from highway and many
nonroad sources over the next few years. The Commonwealth supported
these rules since diesel emissions are a major source of fine
particulate matter (PM~2.5~) and ozone-forming nitrogen oxides (NO~x~)
-- both of which pose a substantial threat to public health and welfare.

In the final rule controlling emissions from new diesel engines and fuel
used in construction, agricultural, and other nonroad equipment (69 FR
38958), the agency committed to a future rulemaking to establish more
stringent engines standards for diesel locomotives and marine engines.
Pennsylvania fully supports EPA's efforts to promulgate a timely and
effective program to control emissions from these categories. We concur
with the agency's conclusion that such a program will help reduce the
harmful health and welfare effects of PM, NO~x~, ozone, and toxic air
pollution.

The consideration of diesel locomotive and marine engine standards comes
at a time when Pennsylvania, like many other states, face a daunting
challenge in developing strategies to clean up their air to achieve
health-based National Ambient Air Quality Standards for ozone and
PM~2.5~ and to maintain clean air for decades to come. In Pennsylvania,
38 counties have been designated as nonattainment for eight-hour ozone,
and EPA has proposed designation of 22 counties as nonattainment for
fine particulates. These are primarily urban areas which also face
problems posed by unacceptably high levels of toxic air pollution,
exacerbated by diesel engine emissions.

Diesel locomotives and marine engines are currently subject only to
minimal controls. Without additional controls, their relative
contribution to emission inventories is anticipated to increase due to
expected future growth and the extensive reductions in emissions to
occur from the onroad and nonroad diesel rules. In areas of Pennsylvania
with ports and/or locomotive yards and railways, the contribution of
these sources can be much greater.

Section 213 of the Clean Air Act is clear in instructing EPA to
establish locomotive and marine engine standards that "achieve the
greatest degree of emission reduction achievable through the application
of technology which the Administrator determines will be available" with
appropriate consideration given to cost, noise, energy, and safety.
Accordingly, we urge the agency to adopt aggressive,
aftertreatment-based engine standards to reduce emissions of PM~2.5~ and
NO~x~ by at least 90 percent. These standards should take full effect
beginning in 2011. Because of the long life of these particular engines,
standards and schedules should apply not only to new diesel locomotives
and marine engines, but also to rebuilt/remanufactured engines.

In addition to imposing rigorous new engine standards, this rulemaking
should also establish robust programs and requirements to ensure
continued clean operation of these engines. Idling reduction
technologies should be mandatory for new and in-use locomotives and
marine engines, as should not-to-exceed standards and an in-use testing
regime. Further, all locomotives and all three categories of commercial
marine engines should be equipped with on-board diagnostics (OBD) and,
to the extent feasible, smaller marine categories should be subject to
OBD as well.

Pennsylvania lacks confidence in the emission factors developed in the
studies described in Analysis of Commercial Marine Vessel Emissions and
Fuel Consumption Data, February 2000. EPA also expressed their own
concerns with these methods in the analysis. The EPA should design a
comprehensive study that will document all underlying engine data,
examine all necessary pollutants, use consistent measuring techniques,
test engines under varying loads in all instances, and not rely on
statistical analysis to derive untested results. This effort will
produce a better inventory for any future air quality planning
decisions.

Finally, although EPA has not requested comments on the establishment of
tighter standards for Category 3 marine engines, we believe the agency
should also take further action to address these engines -- U.S. and
foreign flagged -- which contribute significantly to air pollution
levels and for which more stringent standards are feasible and
relatively cost effective.

Transportation is a significant contributor to Pennsylvania's air
pollution problem, and, for the most part, states depend on EPA's
standards to address these contributions. EPA should continue its
leadership in aggressively regulating engines and fuels together and
take an additional step by addressing all modes of operation including
idling where technology is clearly feasible and cost-effective. We urge
EPA to propose and then promulgate regulations as quickly as possible
and look forward to submitting comments at that time.