[Federal Register Volume 64, Number 22 (Wednesday, February 3, 1999)]
[Proposed Rules]
[Pages 5251-5258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2450]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 90 and 91
[FRL-6229-3]
Control of Air Pollution: Minor Amendments to Emission
Requirements Applicable to Small Nonroad Spark Ignition Engines and
Marine Spark Ignition Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes to amend provisions of two existing
rules applicable to nonroad engines. This document proposes amendments
to regulations applicable to small spark-ignition (Small SI) engines
under 19 kilowatts (kW) and proposes specifically to revise the
applicability of that rule to certain engines used in recreational
applications and to revise the applicability of the handheld emission
standards to accommodate cleaner but heavier four stroke engines. This
document also proposes to amend regulations applicable to marine spark
ignition (Marine SI) engines to provide compliance flexibility for
small volume engine manufacturers during the standards phase in period.
Lastly, this proposal contains a minor revision to the existing
replacement engine provisions for Small SI and Marine SI engines to
address issues that may arise concerning the importation of such
engines. No significant air quality impact is expected from these
amendments.
DATES: Written comments on this NPRM must be submitted on or before
April 5, 1999. EPA will hold a public hearing on March 5, 1999 starting
at 10:00 am; requests to present oral testimony must be received on or
before March 1, 1999. The Agency will cancel this hearing if no one
requests to testify. Members of the public should call the contact
person indicated below to notify EPA of their interest in testifying at
the hearing.
[[Page 5252]]
Interested persons may call the contact person after March 1, 1999 to
determine whether and where the hearing will be held.
ADDRESSES: Written comments should be submitted (in duplicate, if
possible) to: EPA Air and Radiation Docket, Attention Docket No. A-98-
16, Room M-1500, (mail code 6102), 401 M Street, SW, Washington, DC
20460. Materials relevant to this rulemaking are contained in this
docket and may be viewed from 8:00 a.m. to 5:30 p.m. weekdays. The
docket may be reached by telephone at 202-260-7548. As provided in 40
CFR part 2, a reasonable fee may be charged by EPA for photocopying.
The public hearing will be held in Washington, DC at a location to be
determined; call 202-564-9276 for further information.
FOR FURTHER INFORMATION CONTACT: Beverly Brennan, Office of Mobile
Sources, Engine Programs and Compliance Division. 202-564-9302. FAX
202-565-2057. E-mail: brennan.beverly@epamail.epa.gov
SUPPLEMENTARY INFORMATION:
Obtaining Electronic Copies of This Document
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,'' ``Equipment'' or ``Marine''.
Table of Contents
I. Regulated Entities
II. Legal Authority and Background
III. Description of Proposed Revisions
A. Revision to the definition of ``handheld'' to accommodate four
stroke engines
B. Applicability of the Small SI rule to engines used in certain
recreational applications
C. The addition of provisions to the Marine SI rule to provide phase
in flexibility for small volume manufacturers
D. Revisions of rules involving replacement engines to address
issues related to imported engines
IV. Environmental Benefit Assessment
V. Economic Impacts
VI. Public Participation
VII. Administrative Requirements
A. Administrative Designation
B. Paperwork Reduction Act
C. Regulatory Flexibility
D. Unfunded Mandates Reform Act
E. Executive Order 12875: Enhancing Intergovernmental Partnerships
F. Executive Order 13084: Consultation and Coordination with Indian
Tribal Governments
G. National Technology Transfer and Advancement Act of 1995 (NTTAA)
H. Children's Health Protection
I. Regulated Entities
Entities potentially affected by this action are those that
manufacture or introduce into commerce new small spark-ignition nonroad
engines or equipment, new marine spark ignition engines or equipment,
and new large compression ignition engines or equipment. Regulated
categories and entities include:
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Category Examples of regulated entities
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Industry............................... Manufacturers, importers and
users of nonroad small (at or
below 19 kW) spark ignition
engines and equipment.
Manufacturers, importers and
users of marine spark ignition
outboard, personal watercraft
and jetboat engines.
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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 company is regulated by this action, you should carefully examine
the applicability criteria in Secs. 90.1 and 91.1 of title 40 of the
Code of Federal Regulations. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
II. Legal Authority and Background
A. Statutory Authority
Authority for the actions in this document is granted to EPA by
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)).
B. Background
EPA promulgated final regulations applicable to spark-ignition
nonroad engines at or below 19kW (Small SI engines) on July 3, 1995 (60
FR 34582, codified at 40 CFR Part 90) and final regulations applicable
to spark-ignition marine outboard and personal watercraft (including
jetboat) engines (Marine SI engines) on October 4, 1996 (61 FR 52088,
codified at 40 CFR Part 91).1
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\1\ The preamble to the final Marine SI rule (61 FR 52090)
explains that for purposes of the Marine SI rule, jetboats are
considered as personal watercraft, except where their engines are
derived from sterndrive or inboard type marinized automotive blocks.
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The Small SI regulations took effect with model year 1997 for the
majority of covered engines and in the 1998 model year for certain
higher displacement handheld engines. The Marine SI rule takes effect
with 1998 or 1999 engines, depending upon their usage, and involves a
corporate average standard which tightens each year through 2006. Both
rules prohibit engine manufacturers from introducing into commerce any
engine not covered by a certificate of conformity issued by EPA under
the regulations (40 CFR 90.1003(a)(1)(i); 40 CFR 91.1103(a)(1)(i)). The
rules also prohibit equipment and vessel manufacturers from introducing
new nonroad equipment and vessels into commerce unless the engine in
the equipment or vessel is certified to comply with the applicable
nonroad emission requirements (40 CFR 90.1003(a)(5); 40 CFR
91.1103(a)(5)).2
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\2\ The regulations also prohibit, in the case of any person,
the importation of uncertified Small SI engines and Marine SI
engines manufactured after the applicable implementation date for
the engine. The regulations also prohibit the importation of
equipment containing Small SI engines unless the engine is covered
by a certificate of conformity. (40 CFR 90.1003(a)(1)(ii) and 40 CFR
91.1103(a)(1)(ii)).
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Provisions to allow engine manufacturers to produce replacement
engines that were not certified to current standards were added to each
of the two rules described above by a direct final rule issued August
7, 1997 (62 FR 42638).
A Notice of Proposed Rulemaking (NPRMs) to adopt Phase 2 standards
for Small SI engines has been published (63 FR 3950, January 27, 1998).
No Phase 2 program is contemplated at this time for the Marine SI rule.
The amendments proposed below would apply to the Phase 1 programs of
both rules and be carried forward into the future program for Small SI
engines.
III. Description of Proposed Revisions
A. Revision to the Definition of Handheld To Accommodate Four Stroke
Engines
The Small SI rule contains separate sets of exhaust emission
standards for handheld and nonhandheld engines. The handheld standards
were set at levels considerably less stringent than the nonhandheld
standards to accommodate the lightweight, but high emission, two stroke
engines that have
[[Page 5253]]
historically been used in handheld equipment.
To limit the use of two stroke engines to that equipment that
really require the weight advantage and multipositional capability
afforded by two stroke technology, the criteria under which a piece of
equipment may be deemed ``handheld'' are strictly defined by
Sec. 90.103(a)(2). Equipment must meet at least one of the following to
be considered ``handheld'':
(i) The engine must be used in a piece of equipment that is
carried by the operator throughout the performance of its intended
function(s);
(ii) The engine must be used in a piece of equipment that must
operate multipositionally, such as upside down or sideways, to
complete its intended function(s);
(iii) The engine must be used in a piece of equipment for which
the combined engine and equipment dry weight is under 14 kilograms,
no more than two wheels are present on the equipment and at least
one of the following attributes is also present:
(A) The operator must alternately provide support or carry the
equipment throughout the performance of its intended function(s);
(B) The operator must provide support or attitudinal control for the
equipment throughout the performance of its intended function(s);
and (C) The engine must be used in a generator or pump;
(iv) The engine must be used to power one-person augers, with a
combined engine and equipment dry weight under 20 kilograms.
Since the Small SI rule was finalized, a few manufacturers have
introduced lightweight four stroke engines that have multipositional
capabilities and that have begun to be used in certain handheld
products. These engines are somewhat heavier than two stroke engines
but have exhaust emission levels that are much lower. One manufacturer
of lightweight equipment, has proposed a portable pump, historically
powered by a two stroke engine, that would exceed the 14 kilogram
weight limit at 40 CFR 90.103(a)(2)(iii) because it would be built with
a small, lightweight four stroke engine. The engine would be much
cleaner than the alternative two stroke, but because of the weight
limitation, the equipment could not be considered ``handheld''. The
lightweight four stroke engines, while much cleaner than required by
the handheld standards, can not yet meet the nonhandheld standards
which were set based on the capabilities of other four stroke engines.
In theory, a heavier four stroke engine certified to nonhandheld
standards, could be used in these applications. However, EPA believes
that the added weight would be a marketing problem and would cause the
manufacturers to stick with higher emitting two stroke engines. To
avoid the undesirable situation where the regulations encourage an
equipment manufacturer to use a higher emitting engine, we are today
proposing an amendment to both weight limits described above (14
kilograms in (iii) and 20 kilograms in (iv)) that would permit an
equipment manufacturer to exceed the weight limits in cases where the
manufacturer could demonstrate that the extra weight was the result of
using a four stroke engine or other technology cleaner than the
otherwise allowed two stroke.
EPA considered whether to simply raise the weight limits across the
board, but believes that they are appropriate as promulgated, needing
only to be raised where needed to cover the incremental weight of
cleaner technologies. Further, raising the weight limits across the
board could, in the long run, encourage manufacturers to convert four
stroke nonhandheld equipment to two stroke power. EPA requests comment
on whether there are other facets to the criteria surrounding the term
``handheld'' that could impede adoption of cleaner technology engines
on these tools.
B. Applicability of the Small SI Rule to Engines Used in Certain
Recreational Applications
The Small SI rule as currently written covers all nonroad spark
ignition engines at or below 19 kW ``used for any purpose'', subject to
certain exclusions. Specific exclusions are provided for certain
engines used in underground mining, for engines used in motorcycles
that are subject to emission regulation under 40 CFR Part 86, for
engines used in passenger aircraft, and for engines used in
recreational vehicles which meet certain prescribed criteria.
Those criteria which serve to define an engine as an engine used in
a recreational vehicle are: (i) The engine's rated speed is greater
than or equal to 5,000 rpm; (ii) the engine has no installed speed
governor; (iii) the engine is not used for the propulsion of a marine
``vessel'' as that term is defined by the U.S. Coast Guard; and (iv)
the engine does not meet the criteria cited above in Section A of this
preamble to be categorized as a Class III, IV or V engine (i.e., the
criteria by which an engine is determined to be ``handheld''). Criteria
(i) and (ii) reflect the Agency's belief that engines used to operate
recreational vehicles will operate at high rated speeds and will differ
significantly in design and operation from those used to power
nonhandheld equipment such as lawn, garden and construction equipment.
Recreational vehicles also typically have a variable throttle that is
held open by the operator to achieve speeds above idle and returns to
idle when released. These vehicles experience extremely transient
operation. Further, these vehicles do not have the types of governors
commonly present on nonhandheld lawn and garden type engines which
serve to automatically open the throttle farther when the engine
experiences increased loading as is encountered when, for example,
moving a lawnmower from an area of short grass into an area of long
grass. Finally, EPA stated that the steady-state test procedures being
adopted for the Small SI rule would not be appropriate for these more
transient applications.
The criteria which serve to define an engine as ``handheld'' were
established to restrict the use of the more lenient Class III, IV or V
standards to engines in equipment that needed to be extremely light in
weight so that it may be easily carried or easily supported during its
operation, and/or which needed to be able to operate multipositionally.
The need for very low weight has historically been addressed through
the use of two stroke technology, which produces greater power for a
given weight and size (but higher emissions) than a four stroke engine
and does so without the need for a sump full of oil at the bottom of
the engine.
The Small SI rule was written without the knowledge that
approximately 8,000 Small SI engines per year are built by a variety of
companies (including a number of very small entities) for specific
application in model boats, aircraft and cars. These engines were not
included in any calculations of emission inventories, nor were
reductions from these engines or costs of compliance considered in the
development of the Phase 1 Small SI rule or the Phase 2 NPRM. EPA has
no emission data from these engines and does not have data appropriate
to determine whether the test cycle used for handheld (or nonhandheld)
engines is appropriate for these engines. These vehicles are
predominantly radio controlled model airplanes and as such are clearly
``recreational'' in nature as that term is generally understood.
However, according to the definition of that term in the Small SI rule,
such engines could be considered handheld because of their multi
positional capabilities and therefore fall outside of
[[Page 5254]]
coverage under the term ``recreational''.3 EPA believes that
these engines would be better addressed by a future rulemaking intended
specifically to address recreational engines. EPA is therefore
proposing in this rulemaking to amend the existing regulations to
consider these vehicles and engines as recreational and therefore
excluded from coverage under the Small SI rule. Thus, engines used to
propel vehicles in flight through air provided those engines meet the
other existing criteria to be categorized as recreational, would be
excluded from the scope of the rule. EPA believes that model cars and
boats are not required to operate ``multipositionally'' to complete
their intended function so that the spark ignition engines used in
model cars and boats are therefore considered ``recreational'' by the
existing regulatory text and are already excluded from the Small SI
rule. EPA requests comment on all aspects of this proposed change.
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\3\ A few of these vehicles may be controlled by flexible tether
lines, but in any case they are not held in hand during operation.
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C. The Addition of Provisions to the Marine SI Rule To Provide Phase-In
Flexibility for Small Volume Manufacturers
The emission requirements for Marine SI engines were promulgated on
October 4, 1996 and took effect with the 1998 model year for outboard
engines and the 1999 model year for personal watercraft and jetboats.
The Marine SI rule was written with considerable input from large
volume marine engine manufacturers and their association, the National
Marine Manufacturers Association. This rule results in a 75% reduction
in exhaust hydrocarbons when calculated from uncontrolled engines. The
standards phase in via incremental reductions each year through 2006.
The standards will result in considerable shifts in technology away
from high emitting two stroke technology to cleaner four stroke or
direct injection two stroke designs.
The standards are ``averaging standards'' in that some engine
families are expected to be below the standards and generate emission
credits while some are expected to be above the standards and use
credits. Similar to other mobile source programs, these credits may be
banked for future use or traded between manufacturers.
The phase in of the standards was designed to permit marine engine
manufacturers to introduce new technology engines and phase out old
technology engines in an orderly and cost effective fashion. In
addition, flexible certification testing requirements and exemptions
from production line and in-use testing requirements were implemented
for old technology engines to reduce the compliance costs of the rule
for engines destined for phase out.
The development of the Marine SI rule took several years and
involved numerous meetings with manufacturers. Both an NPRM (59 FR
55930, November 9, 1994) and SNPRM (Supplemental Notice of Proposed
Rulemaking, 61 FR 4600, February 7, 1996) were published. Both EPA and
NMMA did considerable outreach to marine engine manufacturers during
this period to inform them of progress and likely requirements of
various proposals. Despite this process, there was no input from small
volume outboard and personal watercraft engine manufacturers until
after the closing date of the comment period for the SNPRM. In this one
comment,4 Tanaka expressed concerns about the
appropriateness of the averaging standards on an engine manufacturer
with likely only one engine family. Tanaka also expressed doubts that
credits would be available in the marketplace and whether, even if
available, they would be affordable to a manufacturer with a very small
annual sales volume. EPA's Response to Comments 5 document
addresses small volume concerns by pointing out that the final rule
provided reduced production line and in-use testing requirements,
simplified certification procedures and administrative flexibilities
for existing technology engines [the likely products of small volume
manufacturers]. Beyond those flexibilities, the Response to Comments
document explains that:
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\4\ Letter of May 13, 1996 from Randy W. Haslam, Vice-President,
Tanaka International Sales and Marketing. Contained in the docket
for this rulemaking. (Docket No. A-98-16.)
\5\ EPA's Response To Comments document prepared for the final
Marine SI rule can be found in the docket for this rulemaking.
(Docket No. A-98-16.)
For smaller volume manufacturers the final regulation allows
these manufacturers to purchase emission credits from the market
place as an alternative to employing control technologies to meet
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the standard.
Since implementation of the Marine SI rule began, EPA has received
further correspondence from Tanaka petitioning EPA to amend the rule
6 on the basis that the rule's fleet averaging concept
provides benefits to manufacturers with diverse product lines but not
to a company like Tanaka, which has only one engine family--a very low
production, low powered engine. Tanaka argues that its competitors
could sell similar engines with higher emissions because they could
offset those emissions with credits from larger engines. Tanaka desires
flexibility to continue production of its engine until the final phase-
in of the standards at which time it will exit the market. Tanaka
believes it can comply with the Marine SI requirements through about
the 2002 model year through engine improvement and credits it plans to
generate in earlier years. After that, it desires flexibility to stage
an orderly exit from the market. It does not wish to commit the funds
necessary to meet the final phase in standards for its low level of
U.S. sales.
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\6\ Letter of June 30, 1997 from Randy W. Haslam, Vice-
President, Tanaka International Sales and Marketing. Contained in
the docket for this rulemaking. (Docket No. A-98-16.)
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EPA has also been contacted by Inboard Marine Corporation, a low
volume manufacturer of personal watercraft engines. This company
maintains that it is dependent upon ``off-the-shelf'' technology to
reduce its emissions. Like Tanaka, it has a narrow product line and
argues that the averaging, banking and trading program in the Marine SI
rule can not be counted on to provide credits through trading, nor to
provide them at a reasonable price. Inboard Marine believes it can
comply in the early years of the Marine SI rule but may need relief in
the late years of the standard phase-in. It intends to discontinue its
current engine by the final phase-in year (2005) and meet the ultimate
standards of 2006 with a redesigned engine.
EPA recognizes that the Marine SI standards are technology forcing.
Thus, it was appropriate to include averaging, banking and trading
(ABT) provisions to facilitate their economical implementation.
However, ABT is most useful to manufacturers with diverse product
offerings. The two companies mentioned above appear to be at a
disadvantage to their competitors because of their limited offerings.
Further, EPA can not provide any certainty that credits will be
available to them. EPA notes that in the on-highway heavy-duty engine
program, there were no credit transactions between manufacturers until
approximately seven years after the ABT provisions were added to the
rules.
In rules proposed since the Marine SI rule was promulgated, EPA has
gone to considerable lengths to provide mechanisms to ease the
implementation of new standards and requirements for low volume
producers. Both the Small SI Phase 2 NPRM and the Nonroad CI Phase 2
and 3 NPRM contain numerous
[[Page 5255]]
special provisions to delay or otherwise ease the impact of the
standards on low volume engine families, low volume equipment
manufacturers or low volume engine manufacturers. By contrast, the
Marine SI rule contains no such provisions.
In this document, EPA proposes to add provisions to the Marine SI
rule to permit small volume engine manufacturers to have family
emission limits (FELs) in excess of applicable standards where credits
are not available to cover such excess. This provision would be limited
to one period of four consecutive model years which could not begin
until the 2000 model year. EPA believes that the affected manufacturers
can likely make changes to the affected engines to achieve compliance
with standards in the early years and even bank a few credits, but may
have more difficulty as the standards tighten later in the phase-in.
This flexibility would expire at the end of the 2009 model year. EPA
believes this expiration date will provide adequate time for small
volume engine manufacturers to adapt off the shelf technology to their
engines, if available, or to redesign their engines to comply with the
final standards. EPA believes that the inclusion of this provision is
consistent with its approach in other rules, and that it will meet the
needs of small volume manufacturers without creating adverse impacts on
air quality or adverse competitive situations. Further, EPA believes
that the way this provision is structured may lead the affected
manufacturers to clean up their engines more in the early years than
their competitors. EPA proposes that the applicability of this
provision be limited to engine manufacturers who sell no more than 1000
marine outboards and personal watercraft engines per year in the United
States.
Based on the technological limitations that these small volume
manufacturers have, and their limited abilities to use flexibilities
offered by averaging, banking, and trading to avoid increased costs,
EPA believes additional flexibility is appropriate. The implementation
of this additional flexibility does not change EPA's overall conclusion
that the category of Marine SI engines will allow the greatest
achievable emission reduction considering technology and cost. EPA
requests comment on the appropriate quantitative limit for this
provision and on all other aspects of this proposal.
D. Revisions of Rules Involving Replacement Engines To Address Issues
Related to Imported Engines
In a recent direct final rule, EPA modified its regulations
applicable to Small SI and Marine SI engines (62 FR 42638, August 7,
1997) to permit the sale of uncertified engines for replacement
purposes. The direct final rule addressed limited instances involving
equipment built before EPA regulations went into effect where engine
replacement is a more economical alternative than engine repair and
certified engines are not available to fit.
Under the direct final rule, the engine manufacturer being
approached to sell an uncertified engine for replacement purposes is
required to first ascertain that no certified engine produced by itself
or the manufacturer of the original engine (if different) is available
with suitable physical or performance characteristics to repower the
equipment. When the manufacturer ascertains that no certified engine is
available that will fit or perform adequately, it can sell an
uncertified engine subject to certain controls, e.g. it must take the
old engine in exchange and the new engine must be clearly labeled for
replacement purposes only.
EPA's Small SI and Marine SI engines regulations adopt the Clean
Air Act definition for the term ``manufacturer.'' EPA has become
concerned that the term ``manufacturer'' by definition in the Clean Air
Act can include an importer who may have had nothing to do with the
actual production of the engine.7 In such a case the
requirement to ascertain whether a certified engine produced by itself
has suitable physical or performance characteristics could lead to
abuse. EPA is concerned that importers could misinterpret this
provision to permit, for example, an equipment operator to import an
uncertified engine and determine, since the importer does not make
engines, that no certified engines are available from itself to
appropriately power the vehicle. EPA proposes to amend the replacement
engine provisions in both rules to require that, in cases where a
replacement engine might be imported, the determination be made by the
manufacturer's U.S. representative that holds a current certificate of
conformity from EPA for the make of engine requiring replacement. As an
alternative and especially if no such entity exists, such as may happen
in a piece of imported equipment built prior to the effective date of
EPA's regulations whose engine manufacturer has not certified, the
equipment operator could approach other engine manufacturers to obtain
a suitable replacement engine under the existing replacement engine
provisions. EPA requests comment on this proposed amendment.
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\7\ Section 216(1) of the Clean Air Act defines manufacturer as
``any person engaged in the manufacturing or assembling of new * * *
nonroad engines or importing such * * * engines for resale * * * but
shall not include any dealer with respect to * * * new nonroad
engines received by him in commerce''.
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IV. Environmental Benefit Assessment
This rule is being proposed to reduce the burden or prevent abuse
of various provisions of several existing rules. No significant air
quality impacts one way or the other are expected. The provisions
applicable to Small SI handheld engines to accommodate cleaner but
heavier engines remove a barrier to the incorporation of cleaner engine
technology in handheld equipment. The provisions applicable to
recreational engines will have no significant impact on air quality.
The subject engines were not included in Small SI inventory
calculations or in benefits attributed to the Small SI rule. The
revisions to provide phase-in flexibility to very small marine engine
manufacturers will also have no impact on air quality. The marine rule
revisions are designed to encourage these companies to clean up their
engines as much as possible in the early phase-in years and may
actually result in the production of small quantities of engines that
are cleaner than those of similar power built by larger competitors
using credits. Lastly, the revisions to replacement engine provisions
will reduce the likelihood of abuse in cases where older design engines
may be desired for replacement needs.
V. Economic Impacts
The revisions contained in this rulemaking are not expected to
increase costs for any entity. In fact, the revisions to the
recreational provisions in the Small SI rule will eliminate potential
costs under the Small SI rule for affected manufacturers. The revisions
affecting the weight of handheld equipment provide greater flexibility
in engine choice to handheld equipment manufacturers. The revisions to
the Marine SI rule are intended to reduce adverse economic impacts of
that rule on small entities. The revisions to replacement engine
provisions serve only to remove a potential unintended benefit that
would accrue only to importers of replacement engines who were not also
engine producers. Therefore, because this notice proposes to alter
existing provisions, and that
[[Page 5256]]
alteration provides regulatory relief, there are no additional costs to
original equipment manufacturers associated with this specific
proposal.
The costs and emission reductions associated with the Small SI rule
were developed for the July 3, 1995 final rulemaking. The costs and
emission reductions associated with the Marine SI rule were developed
for the October 4, 1996 rulemaking. Costs for future programs for Small
SI engines were developed for the proposal of January 27, 1998. We do
not believe the changes being implemented today affect the costs and
emission reductions published as part of those rulemakings.
VI. Public Participation
This rulemaking action is being prepared largely as a result of
letters that have been received from engine manufacturers concerning
the various nonroad rules that are addressed by these revisions. Copies
of all such letters are available in the docket. EPA expects to provide
copies of this NPRM to trade groups representing Small SI and Marine SI
engine and equipment manufacturers as well as to environmental groups
and state organizations. EPA welcomes written comment on any aspect of
the revisions and issues discussed in this document. EPA will hold a
public hearing on this rulemaking if anyone requests to speak at such a
forum.
EPA welcomes comment on any aspect of these revisions and will
consider all comments presented at a public hearing (if one occurs) as
well as all written comments received before the deadline described
above.
VII. 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. The Paperwork Reduction Act
This action does not add any new requirements under the provisions
of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The Office of
Management and Budget (OMB) has approved the information collection
requirements that apply to the Small SI final rulemaking or the Small
SI Phase 2 NPRM (60 FR 34582, July 3, 1995 and 63 FR 3950, January 27,
1998, respectively) or submitted to OMB in association with the Marine
SI final rulemaking (61 FR 52088, October 4, 1996).
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information. An Agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations are
listed in 40 CFR Part 9 and 48 CFR Chapter 15.
C. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This rule will not have a significant adverse economic
impact on a substantial number of small entities. This is because
today's document will provide regulatory relief to both large and small
volume engine and equipment manufacturers by excluding them from
regulation or by permitting greater flexibility in engine choices in
equipment or by providing additional time to comply. Therefore, I
certify that this action will not have a significant economic impact on
a substantial number of small entities.
D. Unfunded Mandates Reform 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, of $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. Therefore, EPA has not prepared a budgetary impact statement
for this document. Moreover, no small governments will be significantly
or uniquely impacted by this rule.
E. Executive Order 12875: Enhancing Intergovernmental Partnerships
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
[[Page 5257]]
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule changes do not create a mandate on State, local or
tribal governments. The rule changes do not impose any enforceable
duties on these entities. Accordingly, the requirements of section 1(a)
of Executive Order 12875 do not apply to this rule.
F. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments or EPA consults with those
governments. If EPA complied by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
Today's rule changes do not significantly or uniquely affect the
communities of Indian tribal governments. Today's proposed rule changes
do not create a mandate for any tribal governments. The rule changes do
not impose any enforceable duties on these entities. Today's proposed
rule changes will affect only those small spark-ignition (Small SI)
engines under 19 kilowatts (kW) used in recreational applications,
cleaner four stroke small SI engines, existing replacement engine
provisions for Small SI and marine spark ignition (Marine SI) engines,
and Marine SI small volume engine manufacturers during the standards
phase in period. Accordingly, the requirements of section 3(b) of
Executive Order 13084 do not apply to this rule.
G. National Technology Transfer and Advancement Act of 1995 (NTTAA)
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub L. 104-113, 12(d) (15 U.S.C. 272 note) directs
EPA to use voluntary consensus standards in its regulatory activities
unless to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary
consensus standards bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable voluntary consensus standards.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
H. Children's Health Protection
This proposed rule is not subject to E.O. 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it does not involve
decisions on environmental health risks or safety risks that may
disproportionately affect children.
List of Subjects in 40 CFR Parts 90 and 91
Environmental protection, Air pollution control, Confidential
business information, Imports, Incorporation by reference, Labeling,
Nonroad source pollution, Reporting and recordkeeping requirements,
Research.
Dated: January 27, 1999.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, of
the Code of Federal Regulations, is proposed to be amended as follows:
PART 90--CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES
1. The authority citation of part 90 is revised 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 90.1(b)(5)(iv) is revised to read as follows:
Sec. 90.1 Applicability.
* * * * *
(b) * * *
(5) * * *
(iv) The engine does not meet the criteria to be categorized as a
Class III, IV or V engine, as indicated in Sec. 90.103, except for
cases where the engine will be used only to propel a flying vehicle
forward, sideways, up, down or backward through air.
* * * * *
3. Section 90.3 is amended by revising the definition of Handheld
equipment engine to read as follows:
Sec. 90.3 Definitions.
* * * * *
Handheld equipment engine means a nonroad engine that meets the
requirements specified in Sec. 90.103(a)(2) (i) through (v).
* * * * *
4. Section 90.103 is amended by adding paragraph (a)(2)(v) to read
as follows:
Sec. 90.103 Exhaust emission standards.
(a) * * *
(2) * * *
(v) Where a piece of equipment otherwise meeting the requirements
of paragraphs (a)(2)(iii) or (a)(2)(iv) of this section exceeds the
applicable weight limit, emission standards for class III, IV or V, as
applicable, may still apply if the equipment exceeds the weight limit
by no more than the extent necessary to allow for the incremental
weight of a four stroke engine or the incremental weight of a two
stroke engine having enhanced emission control acceptable to the
Administrator. Any manufacturer utilizing this provision to exceed the
subject weight limitations shall maintain and make available to the
Administrator upon request, documentation to substantiate that the
exceedence of either weight limitation is a direct result of
application of a four stroke or enhanced two stroke engine having the
same, less or very similar power to two stroke engines that could
otherwise be used to power the equipment and remain within the weight
limitations.
* * * * *
5. Section 90.1003 is amended by adding and reserving paragraphs
(b)(5)(iv) through (b)(5)(vii) and adding paragraph (b)(5)(viii) to
read as follows:
Sec. 90.1003 Prohibited acts.
* * * * *
(b) * * *
(5) * * *
(iv) [Reserved].
(v) [Reserved].
(vi) [Reserved].
(vii) [Reserved].
(viii) In cases where an engine is to be imported for replacement
purposes
[[Page 5258]]
under the provisions of this paragraph (b), the term ``engine
manufacturer'' shall not apply to an individual or other entity that
does not possess a current Certificate of Conformity issued by EPA
under this part.
PART 91--CONTROL OF EMISSIONS FROM MARINE SPARK-IGNITION ENGINES
6. The authority citation of part 91 is revised to read as follows:
Authority: Secs. 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).)
7. Section 91.207 is amended by adding paragraph (e) to read as
follows:
Sec. 91.207 Credit calculation and manufacturer compliance with
emission standards.
* * * * *
(e) Notwithstanding other provisions of this part, for model years
beginning with MY 2000, a manufacturer having a negative credit balance
during one period of up to four consecutive model years will not be
considered to be in noncompliance in a model year up through and
including model year 2009 where:
(1) The manufacturer has a total annual production of engines
subject to regulation under this part of 1000 or less; and
(2) The manufacturer has not had a negative credit balance other
than in three immediately preceding model years, except as permitted
under paragraph (c) of this section; and
(3) The FEL (FELs) of the family or families produced by the
manufacturer are no higher than those of the corresponding family or
families in the previous model year, except as allowed by the
Administrator; and
(4) The manufacturer submits a plan acceptable to the Administrator
for coming into compliance with future model year standards including
projected dates for the introduction or increased sales of engine
families having FELs below standard and projected dates for
discontinuing or reducing sales of engines having FELs above standard;
and
(5)(i) The manufacturer has set its FEL using emission testing as
prescribed in subpart E of this part; or
(ii) The manufacturer has set its FEL based on the equation and
provisions of Sec. 91.118(h)(1)(i) and the manufacturer has submitted
appropriate test data and revised its FEL(s) and recalculated its
credits pursuant to the provisions of Sec. 91.118(h)(1); or
(iii) The manufacturer has set its FEL using good engineering
judgement, pursuant to the provisions of Sec. 91.118(h)(1)(ii) and
(h)(2).
8. Section 91.1103 is amended by adding paragraph (b)(4)(v) to read
as follows:
Sec. 91.1103 Prohibited acts.
* * * * *
(b) * * *
(4) * * *
(v) In cases where an engine is to be imported for replacement
purposes under the provisions of this paragraph (b), the term ``engine
manufacturer'' shall not apply to an individual or other entity that
does not possess a current Certificate of Conformity issued by EPA
under this part.
[FR Doc. 99-2450 Filed 2-2-99; 8:45 am]
BILLING CODE 6560-50-P
