[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Proposed Rules]
[Pages 67818-67819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33768]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 85 and 89
[AMS--FRL-5939-6 ]
Control of Air Pollution: Emission Standards for New Nonroad
Compression-Ignition Engines at or Above 37 Kilowatts; Preemption of
State Regulation for Nonroad Engine and Vehicle Standards; Amendments
to Rules
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed rulemaking.
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SUMMARY: Today's action, consistent with an order and opinion from the
U.S. Court of Appeals for the District of Columbia Circuit, proposes
amendments to EPA's regulations setting emission standards for large
(at or above 37 kilowatts) nonroad compression ignition engines and to
EPA's regulations defining the scope of preemption of state and local
nonroad emission standards and establishing procedures for EPA
authorization of California nonroad emission standards. Specifically,
EPA proposes to withdraw portions of an interpretive rule which set
forth the Agency's position on the Clean Air Act regarding the status
of certain internal combustion engines manufactured before the
effective date of the final rulemaking promulgating EPA's definition of
nonroad engine. Additionally, consistent with the DC Circuit opinion,
EPA also is amending the remaining text of this interpretive rule, as
well as EPA's regulations issued under section 209(e) of the Act
regarding the Agency's California nonroad standards authorization
process, to clarify that California must seek authorization from EPA
prior to enforcing standards and other requirements relating to
emissions from any nonroad vehicles or engines, and not just new
nonroad vehicles and engines, which was the original language used in
these regulations.
In the final rule section of today's Federal Register, EPA is
issuing these amendments as a direct final rule without prior proposal,
because EPA views the action as noncontroversial and anticipates no
adverse comments. A detailed rationale for the amendments and for the
decision to issue them as a direct final rule is set forth in the
Preamble to the direct final rules. If no adverse comments are received
in response to the direct final rule, no further activity is
contemplated in relation to this proposed rule. If EPA receives adverse
comments, the direct final rule will be withdrawn, and all public
comments received will be addressed in a subsequent final rule based on
this proposed rule. Additionally, EPA will hold a public hearing on
this proposed rule if one is requested.
DATES: Any party who wishes to submit comments must do so by March 2,
1998 unless a hearing is requested. Any party can request EPA to hold a
public hearing on this action, but such request must be received by
January 29, 1998. If a hearing is requested, it will take place on
March 2, 1998, and interested parties will have an additional 30 days
after the hearing (until March 30, 1998) to submit comments on any
information presented at the hearing. Because no hearing will occur
absent a request for one, interested parties should contact Robert M.
Doyle at the number listed below after January 29, 1998 to determine
whether a hearing will take place.
ADDRESSES: Written comments should be submitted (in duplicate if
possible) to: Air Docket Section (6102), Attention: Docket No. A-91-24,
U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460, or hand-delivered to the Air Docket at the above address, in
Room M-1500, Waterside Mall. A copy of written comments should also be
submitted to Robert M. Doyle at the address below.
FOR FURTHER INFORMATION CONTACT: Robert M. Doyle, Attorney/Advisor,
Engine Programs and Compliance Division (6403J), U.S. Environmental
Protection Agency, 401 M. Street, SW, Washington, DC 20560, (202) 564-
9258, FAX (202) 233-9596, E-Mail, [email protected]
SUPPLEMENTARY INFORMATION: For additional information, please see the
direct final rule published in the rules section of today's Federal
Register.
List of Subjects
40 CFR Part 85
Environmental protection, Administrative practice and procedure,
Air pollution control, Federal preemption, Motor vehicle pollution,
Nonroad engine and vehicle pollution, Reporting and recordkeeping
requirements, State controls.
40 CFR Part 89
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Nonroad source pollution,
Reporting and recordkeeping requirements.
[[Page 67819]]
Dated: December 17, 1997.
Carol M. Browner,
Administrator .
[FR Doc. 97-33768 Filed 12-29-97; 8:45 am]
BILLING CODE 6560-50-P
