Regulatory Announcement

EPA Finalizes More Stringent Standards 

for Control of Emissions from New 

Marine Compression-Ignition Engines 

at or Above 30 Liters per Cylinder

The U.S. Environmental Protection Agency (EPA) is adopting 

more stringent exhaust emission standards for large marine diesel 

engines as part of a coordinated strategy to address emissions from all 

ships that affect U.S. air quality. 

EPA’s coordinated strategy includes Clean Air Act standards, as well 

as implementation of the international standards for marine engines 

and their fuels contained in Annex VI to the International Convention 

on the Prevention of Pollution from Ships (a treaty called MARPOL). 

The strategy also includes designation of U.S. coasts as an Emission 

Control Area (ECA) through an amendment to MARPOL Annex VI. 

By 2030, this coordinated strategy is expected to reduce annual emissions 

of NOx in the United States by about 1.2 million tons and PM emissions 

by about 143,000 tons. 

Changes from Proposed Rule

The final rule provides more flexibility in complying with the fuel sulfur requirements 

than proposed. First, vessels may now use other methods to achieve sulfur dioxide 

emissions reductions equivalent to those obtained by the use of lower sulfur fuel. 

Second, a fuel availability relief provision has been added for use only by vessels 

with diesel engines operating on the Great Lakes and Saint Lawrence Seaway. This 

provision allows operators to buy the lowest sulfur marine residual fuel available if 

fuel that meets the near-term 1.0 percent (10,000 ppm) fuel sulfur standard is not 

Office of Transportation and Air Quality

EPA-420-F-09-068

December 2009
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available. This provision preserves the greatest benefits of this rulemaking, while avoiding undue 

consequences for a narrow segment of the regulated industry.

Furthermore, we are finalizing an economic hardship relief provision for vessels with diesel 

engines operating on the Great Lakes and Saint Lawrence Seaway. This option provides temporary 

relief from the 2015 ECA-level fuel sulfur standards upon demonstration that the burden of 

compliance costs would cause serious economic hardship.

Finally, reflecting technical challenges to the use of lower sulfur fuels in steamships, a corresponding 

potential for reduced safety and a clear directive from the Congress, we are excluding from this 

final action the application of the ECA-level fuel sulfur standards in MARPOL Annex VI to 

existing steamships operating on the Great Lakes and Saint Lawrence Seaway. 

Background

Previous Clean Air Act (CAA) standards for new U.S.-flagged Category 3 compression-ignition 

marine engines (also called marine diesel engines) at or above 30 liters per cylinder displacement 

are found at 40 CFR Part 94, and have been in effect since January 2004 (68 FR 9745, 

February 28, 2003). These standards are equivalent to the current international standards for 

marine engines contained in MARPOL Annex VI. These standards rely on engine-based technologies to reduce exhaust emissions of nitrogen oxides (NOx). EPA is adopting additional 

emission control standards for these engines because of the opportunity to achieve significant 

public health benefits, and the improved feasibility of applying high efficiency emission control 

technologies to these engines.

EPA’s controls for the sulfur content of marine distillate fuel have been in effect since July 2007 

(69 FR 38957, June 29, 2004). These requirements apply to fuel produced or offered for sale in 

the United States and to distillate grades DMX, DMA, and their equivalents. While EPA has 

not adopted fuel sulfur limits for residual fuel under the CAA, the MARPOL Annex VI fuel 

sulfur limits currently apply to marine fuel oil used by any vessel.1  MARPOL Annex VI 

contains two sets of fuel sulfur limits, consisting of a global cap on fuel sulfur levels and regional 

requirements for designated ECAs that set the maximum sulfur content in fuel that can be used 

by vessels while operating in those areas.

MARPOL Annex VI is being amended to add new levels, or tiers, of engine NOx emission 

standards and fuel sulfur limits. Similar to the current Annex VI, the pending amendments 

consist of a two-part program, with stringent new global NOx standards beginning in 2011, new 

global fuel sulfur standards beginning in 2012, plus more stringent NOx and fuel sulfur controls 

that will apply in designated ECAs.

The Need to Reduce Emissions from Category 3 Marine Diesel Engines

Category 3 marine diesel engines are significant mobile source emitters. Category 3 marine 

diesel engines being produced today must meet relatively modest emission requirements and 

therefore generate significant emissions of NOx, fine particulate matter (PM2.5), and sulfur 
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oxides (SOx) that contribute to nonattainment of the National Ambient Air Quality Standards 

for PM2.5 and ozone. These engines also emit hydrocarbons (HC), carbon monoxide (CO), and 

hazardous air pollutants or air toxics that are associated with adverse health effects. Emissions 

from these engines also cause harm to public welfare, and contribute to visibility impairment 

and other detrimental environmental impacts across the United States.

Air pollution from large marine diesel engines affects not just populations living near ports and 

coastlines, but also those living hundreds of miles inland. These engines are significant contributors 

to our national mobile source emission inventory and their contribution is expected to grow in 

the future. Without further action, by 2030, NOx emissions from ships are projected to more 

than double, growing to 2.1 million tons a year, while annual PM2.5 emissions are expected to 

almost triple to 170,000 tons.

When people breathe this polluted air, their health is adversely affected leading to lost productivity 

due to increased illnesses, hospitalizations and even premature deaths. EPA believes that diesel 

exhaust is likely to be carcinogenic to humans by inhalation. Children, people with heart and 

lung diseases, and the elderly are thought to be most at risk. Reducing emissions from these 

large marine diesel engines will lead to significant public health benefits and will help states and 

localities attain and maintain PM and ozone National Ambient Air Quality Standards. 

Program to Address Emissions from Ships

EPA’s coordinated strategy to address emissions from ocean-going vessels2 consists of the standards 

being finalized in today’s action, a separate action designating U.S. coasts as an ECA, and implementation of MARPOL Annex VI through the Act to Prevent Pollution from Ships.

New Clean Air Act Standards for Category 3 Engines 

EPA is adopting revisions to the CAA engine program to include two additional tiers of NOx 

standards for new Category 3 marine diesel engines installed on vessels flagged or registered in 

the United States. The final near-term Tier 2 standards for newly built engines will apply beginning in 2011 and will require more efficient use of current engine technologies, including engine 

timing, engine cooling, and advanced computer controls. The Tier 2 standards will result in 

a 15 to 25 percent NOx reduction below the current Tier 1 levels. The final long-term Tier 3 

standards for newly built engines will apply beginning in 2016 and will require the use of high 

efficiency emission control technology such as selective catalytic reduction to achieve NOx 

reductions 80 percent below the current levels.

In addition to the NOx emission limits, EPA is adopting standards for emissions of HC and CO 

from new Category 3 engines. EPA is not adopting a standard for PM emissions for Category 

3 engines. However, significant PM emissions benefits will be achieved through the ECA fuel 

sulfur requirements that will apply to ships that operate in areas that affect U.S. air quality. EPA 

is also requiring engine manufacturers to measure and report PM emissions.

Finally, EPA is finalizing a change to the diesel fuel program that will allow for the production 

and sale of 1,000 ppm sulfur fuel for use in Category 3 marine vessels. In addition, the new fuel 
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requirements will generally forbid the production and sale of marine fuel oil above 1,000 ppm 

sulfur for use in most U.S. waters, unless the vessel employs alternative devices, procedures, or 

compliance methods that achieve equivalent emission reductions. 

ECA Designation

On July 17, 2009, the International Maritime Organization (IMO) approved in principle a 

U.S.-Canada proposal to amend MARPOL Annex VI to designate an ECA off our coasts.3 ECA 

designation would ensure that ships that affect U.S. air quality meet stringent NOx and fuel 

sulfur requirements while operating within the designated area, up to 200 nautical miles off U.S. 

coasts. 

Annex VI Implementation

The Act to Prevent Pollution from Ships (APPS) is a U.S. law (33 USC 1901 et seq.) that was 

last amended when President Bush signed into law the Maritime Pollution Prevention Act of 

2008 (Public Law 110-280, July 21, 2008). APPS is the law that authorizes and requires the 

United States to implement MARPOL Annex VI, now that the United States is a Party to 

this international treaty.4 The 2008 APPS amendments require compliance with all aspects 

of Annex VI by all persons subject to the engine and vessel requirements of Annex VI. The 

amendments also authorize the U.S. Coast Guard and EPA to enforce the provisions of Annex 

VI against domestic and foreign vessels and to develop implementing regulations as necessary. In 

addition, APPS gives EPA sole authority to certify that U.S. marine engines meet the Annex VI 

requirements.

In this final rule, EPA is adopting regulations under APPS authority to implement the provisions of MARPOL Annex VI. Under these regulations, both U.S.- and foreign-flagged ships 

subject to the engine and fuel standards of MARPOL Annex VI must comply with the applicable Annex VI provisions when they enter U.S. ports or operate in most internal U.S. waters 

including the Great Lakes.

In comments on this rule, issues were raised on the application of the 1,000 ppm ECA fuel sulfur 

standard to the small number of legacy steamships operating on the U.S. coasts. As these vessels 

do not operate exclusively within U.S. internal waters, they fall under the U.S. Government’s 

(primarily EPA and the U.S. Coast Guard’s) implementation of the ECA provisions of the IMO 

MARPOL Annex VI treaty. The MARPOL Annex VI ECA fuel sulfur limits apply to all vessels 

and have no specific provisions for steamships. However, we recognize that special challenges 

exist for the use of lower sulfur fuel in steamships. For the small number of steamships that operate outside of the Great Lakes and that would be subject to the 1,000 ppm ECA fuel standards, 

EPA is committed to working on this issue with the U.S. Coast Guard and other members of the 

U.S. delegation to IMO as well as other interested stakeholders, including the affected steamship operators. We are committed to resolving this issue before the end of 2011, well in advance 

of January 2015 when the 1,000 ppm fuel sulfur standard will enter into force.

Program Costs

The estimated operational and hardware costs of implementing the coordinated strategy are 

approximately $1.85 billion in 2020, increasing to $3.11 billion in 2030. The operational costs 
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in 2020 are estimated to be $1.82 billion. Nearly 89 percent of the 2020 costs are attributable to 

the fuel sulfur provisions. The hardware costs to apply engine controls to U.S.-flagged vessels are 

expected to be $31.9 million in 2020, increasing to $47.4 million in 2030 as more ships are built 

to comply with CAA Tier 3 NOx standards.

When attributed by pollutant, at a net present value of 3 percent from 2010 through 2040,5   

the NOx controls are expected to cost about $510 per ton of NOx reduced, SOx controls are 

expected to cost about $930 per ton of SOx reduced, and the PM controls are expected to cost 

about $7,950 per ton of PM reduced. These costs compare favorably to other recently adopted 

mobile source programs, such as the 2008 Locomotive-Marine rule, which had NOx and PM 

cost effectiveness of $730 and $8,400 per ton, respectively.

The impacts of these costs on society are estimated to be minimal, resulting in a small increase 

in the cost of transported goods. For example, a container ship in liner service across the Pacific 

could see an increase of about $18 per container, or about a 3 percent increase in operating 

costs. These costs are expected to be completely passed on to consumers of transported goods, 

on the order of about one cent for a pair of shoes.

EPA plans to further evaluate the economic impacts of the final rule on Great Lakes carriers in 

a study to be completed by summer 2010. We will be soliciting input from stakeholders as we 

prepare that report. 

Program Benefits

By 2030, when this coordinated strategy to address emissions from ocean-going vessels is fully 

implemented, it is expected to yield significant health and welfare benefits, including:

•		 reduce annual emissions of NOx in the United States by about 1.2 million tons and PM 		

emissions by about 143,000 tons. 

•		 reduce NOx emission rates by 80 percent and PM emission rates by 85 percent, compared	 	

to the current limits applicable to these engines. 

•		 annually prevent between 12,000 and 31,000 premature deaths, 1,400,000 work days 	 	

lost, and 9,600,000 minor restricted activity days.

The monetized health benefits are projected to range from $110 billion to $270 billion, assuming a 3 percent discount rate, or between $99 billion and $240 billion, assuming a 7 percent 

discount rate. These estimated benefits exceed the projected costs by a ratio of over 30:1. 

For More Information

You can access the final rule and other documents related to our coordinated strategy for oceangoing vessels electronically on the EPA’s Office of Transportation and Air Quality web site at: 

www.epa.gov/otaq/oceanvessels.htm
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For additional information, please contact the Assessment and Standards Division at: 

Assessment and Standards Division 

Office of Transportation and Air Quality 

U.S. Environmental Protection Agency 

2000 Traverwood Dr. 

Ann Arbor, MI 48105 

Phone: 734-214-4636 

E-Mail: asdinfo@epa.gov

Footnote:

1 The globally-applicable requirements of MARPOL Annex VI became enforceable in the United States through the Act to Prevent 

Pollution from Ships (APPS) in January 2009. 

2 Here ocean-going is a descriptive term used because the vast majority of these vessels operate in the oceans, either navigating 

internationally or operating extensively in coastal areas. However this descriptive term does not represent the legal applicability of 

any emission standards. For example, larger vessels operating in freshwater lakes or rivers may be included. 

3 Proposal to Designate an Emission Control Area for Nitrogen Oxides, Sulphur Oxides and Particulate Matter, Submitted by the 

United States and Canada, IMO Document MEPC59/6/5, 2 April 2009. (PDF) (74 pp, 1.75M) 

4 The U.S. became a Party to MARPOL Annex VI by submitting its instrument of ratification to the International Maritime Organization (IMO) on October 8, 2008. 

5 The net present value is a sum of many years worth of emissions reductions, discounting the value that future reductions have to 

society vs reductions in the present day.