[Federal Register Volume 61, Number 219 (Tuesday, November 12, 1996)]
[Rules and Regulations]
[Pages 58102-58107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28545]
[[Page 58101]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Parts 86 and 89
Control of Air Pollution; Amendments to Emission Requirements
Applicable to New Nonroad Compression-Ignition Engines at or Above 37
Kilowatts: Provisions for Replacement Compression-Ignition Engines and
the Use of On-Highway Compression-Ignition Engines in Nonroad Vehicles;
Final Rule
Federal Register / Vol. 61, No. 219 / Tuesday, November 12, 1996 /
Rules and Regulations
[[Page 58102]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 86 and 89
[FRL-5645-4]
RIN 2060-AG78
Control of Air Pollution; Amendments to Emission Requirements
Applicable to New Nonroad Compression-Ignition Engines at or Above 37
Kilowatts: Provisions for Replacement Compression-Ignition Engines and
the Use of On-Highway Compression-Ignition Engines in Nonroad Vehicles
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This rulemaking amends the regulations applicable to
compression-ignition nonroad engines at or above 37 kilowatts (kW) to
address two disruptive situations that have arisen regarding the
implementation of regulations applicable to these nonroad engines. No
air quality impact is expected from these amendments.
These amendments will allow nonroad vehicle manufacturers to use
certified on-highway engines in nonroad vehicles that are constructed
from on-highway vehicles or that must use public roads between job
sites. These amendments also will allow engine manufacturers to provide
uncertified replacement engines to repower pre-regulation nonroad
equipment when that equipment experiences major engine failure.
DATES: This final rule is effective January 13, 1997 unless adverse or
critical comments are received by December 12, 1996. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments should be addressed to: EPA Air Docket (LE-
131), Attention: Docket Number A-96-37, room M-1500, 401 M Street, SW.,
Washington, DC 20460 (telephone 202-260-7548, fax 202-260-4400). Please
contact the individual listed below before submitting comments.
Materials relevant to this rulemaking are contained in the docket
listed above and may be reviewed at that location from 8:00 a.m. until
5:30 p.m. Monday through Friday. As provided in 40 CFR Part 2, a
reasonable fee may be charged by EPA for photocopying.
FOR FURTHER INFORMATION CONTACT: John Guy, Office of Mobile Sources,
Engine Programs and Compliance Division (6403J), 401 M Street SW.,
Washington, DC 20460, 202-233-9276.
SUPPLEMENTARY INFORMATION:
I. Regulated Entities
Entities potentially regulated by this action are those which
manufacture and use compression ignition engines of 37 kW or greater.
Regulated categories and entities include:
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Category Examples of regulated entities
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Industry.......................... Manufacturers and users of
compression ignition engines of 37
kW or greater.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your product is regulated by this action, you should carefully examine
the applicability criteria in Sec. 89.1 of title 40 of the Code of
Federal Regulations. If you have questions regarding the applicability
of this action to a particular product, consult the person listed in
the preceding FOR FURTHER INFORMATION CONTACT section.
II. Obtaining Copies of the Regulatory Language
Electronic Copies of Rulemaking Documents
Electronic copies of the preamble and the regulatory text of this
rulemaking are available via the Internet on the Office of Mobile
Sources (OMS) Home Page (http://www.epa.gov/OMSWWW/). Users can find
Nonroad Engines and Vehicles information and documents through the
following path once they have accessed the OMS Home Page: ``Nonroad
Engines and Vehicles,'' ``Large Engines''. Electronic copies of the
preamble and the regulatory text of this rulemaking are also available
on the Office of Air Quality Planning and Standards (OAQPS) Technology
Transfer Network Bulletin Board System (TTN BBS). Users are able to
access and download TTN BBS files on their first call. After logging
onto TTN BBS, to navigate through the BBS to the files of interest, the
user must enter the appropriate command at each of a series of menus.
The steps required to access information on this rulemaking are listed
below. The service is free, except for the cost of the phone call.
TTN BBS: 919-541-5742 (1,200-14,400 bps, no parity, eight data
bits, one stop bit). Voice help: 919-541-5384 Internet address: TELNET
ttnbbs.rtpnc.epa.gov Off-line: Mondays from 8:00-12:00 Noon ET.
1. Technology Transfer Network Top Menu: GATEWAY TO TTN TECHNICAL AREAS
(Bulletin Boards)
2. TTN TECHNICAL INFORMATION AREAS: OMS--Mobile Sources Information
3. OMS BBS===MAIN MENU FILE TRANSFERS: Rulemaking & Reporting
4. RULEMAKING PACKAGES: Nonroad
5. Nonroad Rulemaking Area: File Area #2 . . . Nonroad Engines
6. Nonroad engines
At this stage, the system will list all available nonroad engine
files. To download a file, select a transfer protocol which will match
the terminal software on your computer, then set your own software to
receive the file using that same protocol.
If unfamiliar with handling compressed (i.e., ZIP'd) files, go to
the TTN topmenu, System Utilities (Command: 1) for information and the
necessary program to download in order to unZIP the files of interest
after downloading to your computer. After getting the files you want
onto your computer, you can quit TTN BBS with the oodbye command.
III. Table of Contents
IV. Statutory Authority and Background
A. Statutory Authority
B. Background
V. Use of On-highway Engines in Nonroad Vehicles
A. Discussion
B. Regulatory Approach
VI. Use of Uncertified Engines for Replacement of Failed Engines in
Older Equipment
A. Discussion
B. Regulatory Approach
VII. Final Action
VIII. Cost Effectiveness
IX. Administrative Requirements
A. Administrative Designation
B. Reporting and Recordkeeping Requirements
C. Impact on Small Entities
D. Submission to Congress and the General Accounting Office
E. Unfunded Mandates Act
IV. Statutory Authority and Background
A. Statutory Authority
Authority for the actions in this notice is granted to EPA by
sections 202, 203, 204, 205, 206, 207, 208, 209, 213, 215, 216, and 301
of the Clean Air Act as amended (42 U.S.C. 7521, 7522, 7523, 7524,
7525, 7541, 7542, 7543, 7547, 7549, 7550, and 7601(a).
[[Page 58103]]
B. Background
EPA promulgated final regulations applicable to nonroad
compression-ignition engines at or above 37 kilowatts (kW) (large CI
engines) on June 17, 1994 (59 FR 31306). These regulations are being
phased in based on engine power. New engines greater than or equal to
130 kW and less than or equal to 560 kW were subject to the
requirements beginning on January 1, 1996. The other implementation
dates are January 1, 1997 for new engines greater than or equal to 75
kW and less than 130 kW; January 1, 1998 for new engines greater than
or equal to 37 kW and less than 75 kW; and January 1, 2000 for new
engines greater than 560 kW.
The rule, at 40 CFR 89.1003(a)(1)(i), prohibits nonroad engine
manufacturers from introducing into commerce any nonroad engine to
which emission requirements are applicable unless the engine is covered
by a certificate of conformity issued by EPA under the regulations for
nonroad engines. The rule also prohibits vehicle or equipment
manufacturers from introducing into commerce any nonroad vehicle or
equipment unless the engine in the vehicle or equipment is certified to
the applicable nonroad emission requirements.1 (40 CFR
89.1003(a)(6) and (b)(4)).
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\1\ The regulations also prohibit, in the case of any person,
the importation of engines after the applicable implementation date
for the engine, or vehicles or equipment containing such engine,
unless the engine is covered by a certificate of conformity. 40 CFR
89.1003(a)(1)(ii).
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Since the first implementation date, two unintended side effects of
the rule's prohibitions have become evident which pose hardships for
vehicle and/or engine manufacturers. The first concerns some nonroad
vehicle manufacturers that have indicated a need to use certified on-
highway engines in nonroad vehicles. This includes those vehicles that
must use public roads between job sites and nonroad vehicles built from
on-highway trucks that can not be obtained with certified nonroad
engines. The second side effect involves the inability of engine
manufacturers to provide replacement engines to repower pre-regulation
nonroad equipment when that equipment experiences major engine failure.
The amendments in this package will alleviate both problems.
V. Use of On-highway Engines in Nonroad Vehicles
A. Discussion
As the phase-in date for each category of large CI engines passes,
the existing regulations take effect to prohibit engine manufacturers
from introducing into commerce uncertified nonroad large CI engines of
that category. The regulations also prohibit nonroad vehicle
manufacturers from installing engines to which regulations are
applicable in their vehicles unless the engines have been certified by
EPA to meet the nonroad emission standards. The rationale for the
prohibition applicable to vehicle manufacturers is given in the
preamble to the final rule:
Without a requirement that certified engines be used, nonroad
vehicle and equipment manufacturers would be free to use uncertified
engines thus undermining the environmental and public health
benefits of the nonroad * * * engine * * * program. 59 FR 31324.
Several manufacturers of mobile construction equipment, such as
mobile excavators and cranes, have written EPA individually for
permission to use certified on-highway engines to propel vehicles that
are, by definition, nonroad vehicles but nevertheless must travel
significant mileage on public roads between job sites. One applicant
indicated that some purchasers of its equipment drive as much as 30,000
miles per year. Based on the submittals of these manufacturers, these
vehicles benefit from certain performance and/or safety features,
notably engine braking devices, which are available on on-highway
engines, but are not typically available on non-road engines.
Another firm, which converts on-highway trucks into dedicated
nonroad agricultural chemical applicators has asked for relief from the
requirement to install certified non-road engines so that it does not
have to remove and dispose of the certified on-highway engines that
come with the base trucks it purchases and then replace them with
certified nonroad engines.
In separate letters to each applicant, EPA's Office of Mobile
Sources and Office of Enforcement and Compliance Assurance stated that
EPA would exercise enforcement discretion and granted permission to use
on-highway engines through December 31, 1997 subject to certain
specific conditions. EPA is incorporating those conditions in this
rulemaking. EPA's permission letters indicated EPA's intention to amend
the rules and explained that:
* * * your company, although not using a certified nonroad engine as
required, would still be using a certified engine, albeit a
certified on-highway engine. We do not believe that the
environmental and public health benefits of the nonroad engine
program would be undermined by your use of certified on-highway
engines which require greater technological innovation to meet
applicable standards.
The incoming letters and EPA's responses are available in the
docket.
The Agency believes that nonroad vehicles should be equipped with
nonroad engines but believes flexibility is appropriate for vehicles
that: (1) must frequently operate on-highway in cases where suitable
non-road engines are not available; or (2) are derived from on-highway
vehicles which are not available with suitable nonroad engines.
Therefore, we are amending the rule to permit the use of on-highway
engines in cases like those above, provided that certified nonroad
engines with appropriate performance or safety characteristics are not
available or are not available in the base on-highway vehicle (for
vehicle conversions).
In the Notice of Proposed Rulemaking for the large CI rule (58 FR
28809, May 17, 1993), EPA proposed that engine manufacturers be allowed
to use the transient on-highway test as an alternative test procedure
to certify nonroad engines. This would have allowed certified on-
highway engines to also obtain nonroad certification and would
effectively have eliminated the problems faced by the specialty vehicle
manufacturers described above. However, comments and data received from
industry during the comment period indicated that the ability of the
on-highway test cycle to predict nonroad NOX emissions was
uncertain. Therefore, the provision was not finalized.
Today's action does not attempt to make assertions about the
ability of the on-highway engine test procedure to yield comparable
NOX results to the nonroad test procedure. Nor does it provide any
sort of automatic nonroad certification for on-highway engines. What it
does do is establish provisions to use on-highway engines in situations
where nonroad vehicles are either derived from motor vehicles or are
operated like motor vehicles and therefore require features associated
with motor vehicle engines. Many of the vehicles, such as cranes and
excavators, covered under the permission letters mentioned above are
designed to be driven on public roads but are considered nonroad
vehicles because their size or weight exceeds the thresholds that EPA
uses to separate motor vehicles from nonroad vehicles. They often have
smaller ``sibling'' vehicles that fit within EPA's motor vehicle
criteria and are required to use motor vehicle engines. Because of the
way these nonroad vehicles are operated, it seems appropriate that they
be allowed to have engines that were tested on the on-highway cycle and
meet the on-highway standards. Many
[[Page 58104]]
of these vehicles are equipped with two engines, one for propulsion
around and between job sites and one to power the craning or excavating
features of the vehicle. The propulsion engine is generally shut off
once the vehicle is positioned at the job site. In such vehicles, it is
only the propulsion engine which would be permitted to be an on-highway
engine.
EPA does not believe that allowing these vehicles to use certified
on-highway engines will have a detrimental effect on emissions.
Although EPA is not asserting that engines tested using the on-highway
test would meet the same level of emissions if tested using the nonroad
test, EPA believes that, given the current standards for on-highway
heavy duty engines which require substantially greater technological
innovation than current nonroad standards, and given the general uses
of the engines, discussed above, emissions of such engines are unlikely
to be higher for such equipment in-use than they would be if certified
nonroad engines were used.
B. Regulatory Approach
The Agency is implementing the desired changes by amending the
existing Prohibited Acts section at 40 CFR 89.1003. The amendments
alter the strict language which prohibits the use of engines other than
certified nonroad engines in nonroad vehicles to permit the use of
certified on-highway engines under the circumstances outlined above.
Although EPA believes that nonroad equipment manufacturers are
generally required to use engines certified to nonroad standards
pursuant to Section 213 of the Act, EPA believes that the Act does give
EPA the flexibility to permit nonroad equipment manufacturers to use
certified on-highway engines in this instance.
To facilitate the conversion of on-highway vehicles to nonroad
vehicles having nonroad engines, we are providing that nonroad engines
may be installed in on-highway vehicles where the original vehicle
manufacturer obtains a written statement from a secondary manufacturer
that such vehicles will be converted to nonroad vehicles before title
is transferred to an ultimate purchaser. We are also providing that on-
highway engines may be used in nonroad vehicles in the event that a
state requires their use under a waiver granted by EPA pursuant to
section 209(e) of the Clean Air Act.
VI. Use of Uncertified Engines for Replacement of Failed Engines in
Older Equipment
A. Discussion
As indicated above, the Large CI rule prohibits the introduction
into commerce of any new nonroad engines subject to these regulations
unless the engines are certified by EPA. According to a letter received
from the Engine Manufacturers Association, this prohibition poses a
hardship to engine manufacturers and their customers when equipment
produced before the applicable effective date of the Large CI rule, and
therefore equipped with uncertified engines, experiences catastrophic
engine failures.2 In such cases, particularly for newer pieces of
equipment still under warranty, engine manufacturers desire to be able
to provide an entire new engine. However, certified engines that will
fit are often not available for reasons discussed below.
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\2\ Letter from EMA to Mr. Chester J. France of EPA dated
February 13, 1996. Available in the docket.
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Under current regulations, an equipment owner who experiences a
major engine failure with an uncertified engine is limited to the
following options. It can:
(1) Obtain a new, uncertified engine from a manufacturer's or
distributor's inventory. Regulations at 40 CFR 89.1003(b)(4) provide
that:
Nonroad vehicle and engine manufacturers may continue to use
noncertified nonroad engines built prior to the effective date until
noncertified engine inventories are depleted; however, stockpiling
of noncertified nonroad engines will be considered a violation of
this section.
EPA does not regard engines inventoried beyond the end of a model
year for reasonable anticipated warranty needs to be ``stockpiled''.
However, because of the manufacturers' understandable desire to avoid
inventory costs, this option would not likely be able to supply
significant numbers of replacement engines. Manufacturers have
indicated to EPA that their supplies of pre-regulation engines to which
the January 1, 1996 phase-in date is applicable, are virtually all
gone.
(2) Obtain a used or remanufactured engine.
There are numerous entities engaged in remanufacturing nonroad
engines in the U.S. The larger remanufacturers have distributors
located around the country and have told EPA that they can sometimes
provide next day service of certain of the more common nonroad engines.
EPA has no restrictions on the installation of used or remanufactured
engines in equipment that predates the relevant effective date of the
Large CI rule.
(3) Repair the individual engine using a ``short block.''
In this case, a new cylinder block with pistons, connecting rods,
crankshaft and timing gear (a ``short block'') serves as a repair part.
EPA has a long standing policy, well known to industry, that a short
block is not a new engine and will not result in a new engine when
combined with the used components from the original engine.3
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\3\ Letters of December 11, 1989 and April 6, 1990 from Charles
N. Freed, EPA to Mitsubishi Motors America, Inc. Copies located in
docket.
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(4) Replace with a new, certified engine.
In this case, a new certified engine is installed in place of the
uncertified engine. This is the most desirable option from the Agency's
point of view, however in many cases certified engines will not fit in
equipment that may have been designed around uncertified engines. Many
engines certified to meet the nonroad standards are equipped with
additional or different components which impact the external dimensions
of or connections to the engines and therefore limit their abilities to
fit in engine compartments of older equipment.
From the manufacturers' point of view, all of the current options
described above have limitations. The manufacturers point to a long
standing industry practice of being able to provide complete, new
replacement engines expeditiously when catastrophic engine failures
occur, particularly when those failures affect equipment in the first
few years of use and even more particularly when it may still be under
warranty. Many of these engines are used in highly specialized
agricultural or construction equipment. Timely repairs can be crucial
when the broken engine is in an agricultural combine and crops are
waiting to be harvested. Because of the diversity of nonroad products
using large CI engines, replacement or rental nonroad equipment is
generally not as readily available as it is with on-highway equipment.
As manufacturers have exhausted their supply of preregulation
engines they have begun to furnish short blocks for engine repairs.
They have indicated to EPA that the need to repair an engine using a
short block leads to delays and extra costs that would not occur if the
old, broken engine could simply be exchanged for a new uncertified
engine. They argue that the short block option
[[Page 58105]]
requires greater skills and facilities and more time to complete than
an engine swap and produces an engine that is not a factory-tested and
adjusted unit. From an air quality standpoint, they argue that an
entire new uncertified engine might be better than an old engine
repaired with a new short block or replaced with a remanufactured
engine.
Manufacturers have indicated that the number of nonroad engines
that would be subject to replacement each year is far less than one
percent of annual production. Manufacturers are often still producing
uncertified complete engines for export, are willing to produce small
quantities for replacement purposes, and desire to be able to sell them
(or provide them under warranty) for replacement purposes. We note that
the California Air Resources Board, in its regulation of large nonroad
diesel engines permits the introduction into commerce of uncertified
engines for replacement purposes up through January 1, 2000.
To address industry's concerns and minimize disruption to equipment
operators accustomed to replacement engines, the Agency is amending the
regulations to permit the sale of uncertified replacement engines in
those cases where a new, certified engine is not available with
appropriate physical or performance characteristics to repower the
vehicle. The Agency believes that if a certified engine is available
with sufficient torque and horsepower that will fit in the vehicle,
then the certified engine should be used.
The amended regulations will permit a nonroad engine in a piece of
equipment that predates the applicable implementation date of the Large
CI rule to be replaced with a new, uncertified engine.
Given the small percentage of uncertified engines that will likely
require replacement, the fact that some of those will get replaced with
certified engines and the issue that a new replacement engine is likely
to be at least as clean as a remanufactured engine or an engine
repaired with a short block as currently allowed, we do not believe
that permitting the use of uncertified replacement engines will pose an
environmental threat or reduce the environmental benefit of the Large
CI rule.
B. Regulatory Approach
As with the use of on-highway engines in nonroad vehicles, the
Agency is implementing this provision through amendments to the
Prohibited Acts section at 40 CFR 89.1003. As suggested by the Engine
Manufacturers Association, EPA is requiring that any uncertified large
C.I. engine produced for replacement purposes be clearly labeled as
such and that such label include a warning that any use of the engine
in a motor vehicle or post-regulation nonroad vehicle constitutes a
violation of the Act subject to civil penalty. As further suggested by
EMA, EPA is requiring that the manufacturer retain documentation that
it took a failed engine from the customer in exchange for each
uncertified replacement engine that was sold.
VII. Final Action
EPA is publishing this rule without prior proposal because EPA
views these amendments as noncontroversial and anticipates no adverse
comments. However, in the event that adverse or critical comments are
filed, EPA has prepared a Notice of Proposed Rulemaking (NPRM)
proposing the same amendments. This NPRM is contained in a separate
document in this Federal Register publication. The direct final action
will be effective January 13, 1997 unless adverse or critical comments
are received by December 12, 1996. If EPA receives adverse or critical
comments on either the revisions discussed in Section V or those
discussed in Section VI, the revisions described in that section will
be withdrawn. If adverse or critical comments are received on the
revisions described in both sections, then both sections will be
withdrawn before the effective date. In case of the withdrawal of all
or part of this action, the withdrawal will be announced by a
subsequent Federal Register document. All public comments will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. EPA will not implement a second comment period on this
action. Any parties interested in commenting on this rule should do so
at this time. If no adverse comments are received, the public is
advised that the rule will be effective January 13, 1997.
VIII. Cost Effectiveness
This rulemaking alters an existing provision by allowing nonroad
vehicle manufacturers to have greater flexibility in their choice of
engines under certain circumstances. It also permits nonroad engine
manufacturers to sell engines that the original rule would not permit.
Therefore, because this rulemaking alters an existing provision, and
that alteration provides regulatory relief, there are no additional
costs to original equipment manufacturers associated with this specific
final action.
The costs and emission reductions associated with the Large CI rule
were developed for the June 17, 1994 final rulemaking. We do not
believe the change being implemented today affects the costs and
emission reductions published as part of that rulemaking.
IX. Administrative Requirements
A. Administrative Designation
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or,
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Reporting and Recordkeeping Requirements
This proposed rulemaking does not change the information collection
requirements submitted to and approved by OMB in association with the
Large CI final rulemaking (59 FR 31306, June 17, 1994).
C. Impact on Small Entities
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule. This rule will
not have a significant adverse economic impact on a substantial number
of small businesses. This rulemaking will provide regulatory relief to
both large and small volume engine and equipment manufacturers by
permitting greater flexibility in engine choices in vehicles. It will
not have a substantial impact on such entities. The provisions in this
rulemaking will not have a significant impact on businesses that
manufacture, rebuild, distribute, or sell
[[Page 58106]]
automotive parts, nor those involved in automotive service and repair,
as the revisions simply permit a long-standing business practice to
continue.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Unfunded Mandates Act
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, or $100 million or more. Under Section 205, EPA
must select the most cost effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the action proposed today does not include
a Federal mandate that may result in estimated costs of $100 million or
more to either State, local, or tribal governments in the aggregate, or
to the private sector.
List of Subjects
40 CFR Part 86
Environmental protection, Administrative practice and procedure,
Confidential business information, Labeling, Motor vehicle pollution,
Reporting and recordkeeping requirements.
40 CFR Part 89
Environmental protection, Administrative practice and procedure,
Confidential business information, Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements, Research,
Warranties.
Dated: October 28, 1996.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, of
the Code of Federal Regulations, is amended as set forth below.
PART 86--CONTROL OF AIR POLLUTION FROM NEW AND IN-USE MOTOR
VEHICLES AND NEW AND IN-USE MOTOR VEHICLE ENGINES: CERTIFICATION
AND TEST PROCEDURES
1. The authority citation for part 86 continues to read as follows:
Authority: Secs. 202, 203, 205, 206, 207, 208, 215, 216, 217,
and 301(a), Clean Air Act, as amended (42 U.S.C. 7521, 7522, 7524,
7525, 7541, 7542, 7549, 7550, 7552, and 7601(a)).
2. Section 86.090-5 is amended by adding paragraph (a)(3) to read
as follows:
Sec. 86.090-5 General standards; increase in emissions; unsafe
conditions.
(a) * * *
(3) Notwithstanding paragraphs (a) (1) and (2) of this section, a
light or heavy duty motor vehicle equipped with an engine certified to
the nonroad provision of 40 CFR part 89 may be sold, offered for sale
or otherwise introduced into commerce by a motor vehicle manufacturer
to a secondary manufacturer if the motor vehicle manufacturer obtains
written assurance from the secondary manufacturer that such vehicle
will be converted to a nonroad vehicle or to a piece of nonroad
equipment, as defined in 40 CFR part 89, before title is transferred to
an ultimate purchaser. Failure of the secondary manufacturer to convert
such vehicles to nonroad vehicles or equipment prior to transfer to an
ultimate purchaser shall be considered a violation of section 203(a)
(1) and (3) of the Clean Air Act.
* * * * *
PART 89--CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD ENGINES
1. The authority citation for part 89 continues to read as follows:
Authority: Sections 202, 203, 204, 205, 206, 207, 208, 209, 213,
215, 216, and 301(a) of the Clean Air Act, as amended (42 U.S.C.
7521, 7522, 7523, 7524, 7525, 7541, 7542, 7543, 7547, 7549, 7550,
and 7601(a).
2. Section 89.1003 is amended by revising paragraphs (a)(6) and
(b)(4) and adding paragraphs (b)(5), (b)(6), and (b)(7) to read as
follows:
Sec. 89.1003 Prohibited acts.
(a) * * *
(6) For a manufacturer of nonroad vehicles or equipment to
distribute in commerce, sell, offer for sale, or introduce into
commerce a nonroad vehicle or piece of equipment, manufactured on or
after the implementation date applicable to engines in such vehicle or
equipment under Sec. 89.102-96(a), which contains an engine not covered
by a certificate of conformity.
(b) * * *
(4) Certified nonroad engines shall be used in all vehicles and
equipment manufactured on or after the applicable dates in Sec. 89.102-
96(a) that are self-propelled, portable, transportable, or are intended
to be propelled while performing their function unless the manufacturer
of the vehicle or equipment can prove that the vehicle or equipment
will be used in a manner consistent with paragraph (2) of the
definition of nonroad engine in Sec. 89.2. Nonroad vehicle and
equipment manufacturers may continue to use noncertified nonroad
engines built prior to the effective date until noncertified engine
inventories are depleted; however, stockpiling of noncertified nonroad
engines will be considered a violation of this section.
(5) A manufacturer of nonroad vehicles may install an engine
certified to the motor vehicle requirements of 40 CFR part 86 in a
nonroad vehicle or equipment where:
(i) The subject nonroad vehicle or equipment is designed for travel
on public streets and highways to get from one job site to another; and
(ii) The engine serves to propel the vehicle or equipment when it
is operated on public roads; and
(iii) There is no adjustment outside of the manufacturer's
specifications or removal or rendering inoperative of devices or
elements of design installed on or in the engine by the original engine
manufacturer for purposes of emission control or any other action that
may be considered tampering under section 203 of the Clean Air Act or
paragraph (a)(3) of this section; and
(iv) A certified nonroad engine is not available with appropriate
physical or performance characteristics; or
(v) A state requires the use of an on-highway engine pursuant to a
waiver granted by EPA under section 209(e) of the Clean Air Act.
(6) A manufacturer that produces nonroad vehicles or equipment by
performing modifications to complete or incomplete motor vehicles may
retain the motor vehicle engine in such vehicle or equipment provided
that:
[[Page 58107]]
(i) The engine is certified to the motor vehicle requirements of 40
CFR part 86; and
(ii) The on-highway vehicle is not available from its manufacturer
with a certified nonroad engine having appropriate performance
characteristics; and
(iii) There is no adjustment outside of the manufacturer's
specifications or removal or rendering inoperative of devices or
elements of design installed on or in the engine or vehicle by the
original engine or vehicle manufacturer for purposes of emission
control, or any other action that may be considered tampering under
section 203 of the Clean Air Act or paragraph (a)(3) of this section.
(7) A new nonroad engine, intended solely to replace an engine in a
piece of nonroad equipment manufactured prior to the applicable
implementation date in Sec. 89.102-96(a), shall not be subject to the
prohibitions of paragraph (a)(1) of this section or the requirements of
Sec. 89.105-96 and paragraph (b)(4) of this section provided that:
(i) The engine manufacturer has ascertained that no engine produced
by itself or the manufacturer of the engine that is being replaced, if
different, and certified to the requirements of this subpart, is
available with the appropriate physical or performance characteristics
to repower the equipment; and
(ii) The engine manufacturer or its agent takes ownership and
possession of the old engine in partial exchange for the replacement
engine; and
(iii) The replacement engine is clearly labeled with the following
language, or similar alternate language approved by the Administrator:
THIS ENGINE DOES NOT COMPLY WITH FEDERAL NONROAD OR ON-HIGHWAY EMISSION
REQUIREMENTS. SALE OR INSTALLATION OF THIS ENGINE FOR ANY PURPOSE OTHER
THAN AS A REPLACEMENT ENGINE IN A NONROAD VEHICLE OR PIECE OF NONROAD
EQUIPMENT BUILT BEFORE JANUARY 1, [INSERT APPROPRIATE YEAR] IS A
VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.
[FR Doc. 96-28545 Filed 11-8-96; 8:45 am]
BILLING CODE: 6560-50-P
