Although not drafted as a direct response to global climate change, the EPA recently issued a final rule that will significantly reduce emissions of nitrogen oxide compounds (NOx) from diesel locomotives and marine diesel engines.

Nitrous oxide is a greenhouse gas that is regulated under the Kyoto Protocol, and would be included in any cap-and-trade program established by either the Lieberman-Warner bill or the Bingaman-Specter bill.  The new rule will lead to substantial reductions of particulate matter and NOx from these sources - perhaps by as much as 80 to 90 percent by 2030.

The rule covers all new diesel locomotives and large marine diesel engines (over 600 kW), as well as remanufactured engines.  The rules for remanufactured engines will go into effect first, as soon as certified remanufacture systems are available.  The rule also establishes near-term standards for newly-built engines, which will phase in beginning in 2009.  Finally, long-term emissions standards based on high-efficiency catalytic aftertreatment technology will be phased in beginning in 2014.  The standards will be fully in place in 2030.

According to EPA estimates, implementation of the rule will reduce annual NOx emissions by 800,000 tons per year.  NOx, once converted to N2O in the atmosphere, have a warming potential roughly 310 times that of carbon dioxide.  That means this rule will have the same impact as eliminating 248 million tons of carbon dioxide emissions or taking approximately 45 million cars off the road.

For further information about this topic, please contact Akin Gump.