[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Notices]
[Pages 69093-69095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33260]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5673-1]
California State Nonroad Engine and Vehicle Pollution Control
Standards; Authorization of State Standards; Notice of Decision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice regarding authorization of state standards.
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SUMMARY: EPA is authorizing California to enforce regulations for
exhaust emission standards and test procedures for nonroad recreational
vehicles and engines including: off-road motorcycles, all-terrain
vehicles (ATVs), golf carts, go-karts 25 horsepower and above, and
specialty vehicles less than 25 horsepower; pursuant to section 209(e)
of the Clean Air Act.
ADDRESSES: The Agency's decision document containing an explanation of
the Administrator's decision, as well as all documents relied upon in
reaching that decision, including those submitted by the California Air
Resources Board (CARB), are available for public inspection in the Air
and Radiation Docket and Information Center in Docket A-95-17 during
the working hours of 8:00 a.m. to 5:30 p.m., at the Environmental
Protection Agency, Air Docket (6102), Room M-1500, Waterside Mall, 401
M Street, S.W., Washington, D.C. 20460. Copies of the decision can be
obtained from EPA's Vehicle Program and Compliance Division by
contacting David Dickinson, as noted below.
FOR FURTHER INFORMATION CONTACT: David Dickinson, Attorney/Advisor,
Vehicle Program and Compliance Division (6405J), U.S. Environmental
Protection Agency, 401 M Street, S.W., Washington, D.C. 20460.
Telephone: (202)233-9256. Electronic mail:
dickinson.david@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: I have decided to authorize California to
enforce regulations for standards and test procedures for nonroad
engines and vehicles pursuant to section 209(e) of the Clean Air Act,
as amended (Act), 42 U.S.C. 7543. These regulations establish exhaust
emission standards and test procedures for off-road motorcycles and
[[Page 69094]]
ATVs produced on or after January 1, 1997, establish a zero-emission
standard for golf carts produced on or after January 1, 1997, establish
exhaust emission standards and test procedures for go-karts 25
horsepower and above produced on or after January 1,1997, and
established that specialty vehicles less than 25 horsepower and under,
produced on or after January 1, 1995 (please see the discussion below
for when enforcement of standards for such vehicles may take place),
comply with the current exhaust emission standards applicable to
utility equipment engines in California and further comply with a
second tier of standards commencing January 1, 1999. A comprehensive
description of these California regulations can be found in the
decision document for this authorization and in materials submitted by
CARB.
On the basis of the record before me, I cannot make the findings
required to deny authorization under section 209(e)(2) of the Act.
Therefore, I am authorizing California to enforce these regulations.
On June 21, 1995, EPA published a notice of opportunity for a
public hearing and a request for written comments concerning an
authorization request received from the California Air Resources Board
(CARB). 1 EPA received no request for a hearing and therefore no
hearing was held. EPA received written comments from the New York State
Department of Environmental Conservation, Toro Company, Ransomes
Cushman Ryan, and CARB. Consequently, this determination is based on
the written submissions from CARB, the written comments submitted in
response to the above-mentioned notice, and all other relevant
information.2
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\1\ 60 FR 32314 (June 21, 1995).
\2\ This information is contained in Docket A-95-17.
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Section 209(e) of the Act as amended, 42 U.S.C. 7543(e), addresses
state regulation of nonroad engines and vehicles. EPA issued on July
20, 1994 a final regulation to implement section 209(e).3 Section
209(e)(1) preempts states from regulating new engines which are used in
construction equipment or vehicles or used in farm equipment or
vehicles and which are smaller than 175 horsepower and new locomotives
or new engines used in locomotives. The section 209(e) regulation sets
forth definitions for these preempted categories of engines.
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\3\ See 59 FR 36969 (July 20, 1994) codified at 40 C.F.R. Part
85, Subpart Q, Secs. 85.160-85.1606.
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For those pieces of equipment or vehicles other than those a State
is permanently preempted from regulating under section 209(e)(1), the
State of California may promulgate standards regulating such equipment
or vehicles provided California complies with section 209(e)(2). The
section 209(e) rule provides that if certain criteria are met, the
Administrator shall authorize California to adopt and enforce standards
and other requirements relating to the control of emissions from such
vehicles or equipment. The criteria include consideration of whether
California arbitrarily and capriciously determined that its standards
are, in the aggregate, at least as protective of public health and
welfare as applicable Federal standards; whether California needs state
standards to meet compelling and extraordinary conditions; and whether
California's standards and accompanying enforcement procedures are
consistent with section 209.
California determined that its standards and test procedures would
not cause California emission standards, in the aggregate, to be less
protective of public health and welfare as the applicable Federal
standards. Information presented to me by parties opposing California's
authorization request did not demonstrate that California arbitrarily
or capriciously reached this protectiveness determination. Therefore, I
cannot find California's determination to be arbitrary or capricious.
CARB has continually demonstrated the existence of compelling and
extraordinary conditions justifying the need for its own motor vehicle
pollution control program. In addition, CARB provided information
regarding actions taken by the California Legislature in an effort to
address the current air quality conditions in California, directing
CARB to consider adopting regulations for off-road engines. No
information has been submitted to demonstrate that California no longer
has a compelling and extraordinary need for its own program. Based on
previous showings in the context of nonroad authorizations and CARB's
submissions to the record regarding the status of air quality in the
state, I agree that compelling and extraordinary conditions warrant the
need for California's own emissions program. Thus, I cannot deny the
waiver on the basis of the lack of compelling and extraordinary
conditions.
CARB has submitted information that the requirements of its
emission standards and test procedures do not violate the permanent
preemption provisions of section 209(e)(1), do not violate the motor
vehicle preemption provisions of section 209(a), and are
technologically feasible and present no inconsistency with Federal
requirements and are, therefore, consistent with section 209 of the
Act.
No information has been submitted to demonstrate that California
did not satisfy its burden of demonstrating that its emission standards
and test procedures do not violate section 209(e)(1). No information
has been submitted to demonstrate that California's emission standards
and test procedures violate section 209(a). Information submitted to me
by parties opposing California's authorization request did not satisfy
the burden of persuading EPA that the standards are not technologically
feasible within the available lead time, considering costs. In
addition, no information has been submitted to demonstrate that
California's certification test procedures are inconsistent with
Federal certification test procedures. Accordingly, I cannot make the
determinations required for a denial of this authorization request
under section 209(e) of the Act, and therefore, I authorize the State
of California to enforce these regulations.
As explained in the decision document noted above and by the
section 209(e) regulation, California can not enforce its standards and
test procedures for recreational vehicles until it receives
authorization from EPA. Therefore, California is now authorized to
enforce its standards and test procedures for specialty vehicles below
25 horsepower and to enforce its standards and test procedures for
other recreational vehicles according to the enforcement dates set
forth within the recreational vehicle regulation.
My decision will affect not only persons in California but also the
manufacturers outside the State who must comply with California's
requirements in order to produce nonroad vehicle engines for sale in
California. For this reason, I hereby determine and find that this is a
final action of national applicability.
Under section 307(b)(1) of the Act, judicial review of this final
action may be sought only in the United States Court of Appeals for the
District of Columbia Circuit. Petitions for review must be filed by
March 3, 1997. Under section 307(b)(2) of the Act, judicial review of
this final action may not be obtained in subsequent enforcement
proceedings.
As with past waiver decisions, this action is not a rule as defined
by Executive Order 12866. Therefore, it is exempt from review by the
Office of Management and Budget as required for rules and regulations
by Executive Order 12866.
[[Page 69095]]
In addition, this action is not a rule as defined in the Regulatory
Flexibility Act, 5 U.S.C. 6601(2). Therefore, EPA has not prepared a
supporting regulatory flexibility analysis addressing the impact of
this action on small business entities.
Finally, the Administrator has delegated the authority to make
determinations regarding authorizations under section 209(e) of the Act
to the Assistant Administrator for Air and Radiation.
Dated: December 23, 1996.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 96-33260 Filed 12-30-96; 8:45 am]
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