Control of Emissions From New Nonroad Diesel Engines: Amendments
to the Nonroad Engine Definition
[Federal Register: April 11, 2003 (Volume 68, Number 70)]
[Proposed Rules]
[Page 17763-17767]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap03-18]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 89
[AMS-FRL-7481-9]
Control of Emissions From New Nonroad Diesel Engines: Amendments
to the Nonroad Engine Definition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rule.
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SUMMARY: EPA is proposing to revise the definition of nonroad engines
to include all diesel-powered engines used in agricultural operations
in the State of California that are certified by the engine maker to
meet the applicable nonroad emission standards. Under this proposed
rule, such engines would be considered nonroad engines without regard
to whether these engines are portable or transportable or how long
these engines remain in one fixed location at a farm.
In the ``Rules and Regulations'' section of this Federal Register,
we are making this amendment as a direct final rule without prior
proposal.
We have explained our reasons for this amendment in the preamble to
the
[[Page 17764]]
direct final rule. If we receive no adverse comment, we will not take
further action on this proposed rule. If we receive adverse comment, we
will withdraw the direct final rule and its changes will not take
effect. We will address all public comments in a subsequent final rule
based on this proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
DATES: If we do not receive a request for a public hearing, written
comments are due May 12, 2003. Request for a public hearing must be
received by April 28, 2003. If we do receive a request for a public
hearing, it will be held on May 12, 2003, starting at 10 a.m. In that
case, the public comment period will close on June 10, 2003.
ADDRESSES: Comments may be submitted by mail by sending two copies of
your comments to: Air Docket, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460,
Attention Docket ID No. OAR-2003-0046. Comments may also be submitted
electronically, by facsimile, or through hand delivery/courier. Follow
the detailed instructions as provided in Unit I of the SUPPLEMENTARY
INFORMATION section.
Hearing: If we do receive a request for a public hearing, it will
be held at the EPA's Region IX offices, 75 Hawthorne Street, San
Francisco, California.
FOR FURTHER INFORMATION CONTACT: Robert Larson, U.S. EPA, National
Vehicle and Fuel Emissions Laboratory, Transportation and Regional
Programs Division, 2000 Traverwood Drive, Ann Arbor, MI 48105;
telephone (734) 214-4277, fax (734) 214-4956, e-mail
larson.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Regulated Entities
Entities potentially impacted by this change in regulation are
farming interests in the State of California and those interests that
manufacture or put into commerce new, compression-ignition nonroad
engines, including:
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Category NAICS codes Examples of potentially regulated entities
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Manufacturing................... 333618 Manufacturers of new nonroad diesel engines.
Agriculture, Forestry, Fishing, 111XXX Farms with crop production.
Hunting.
Agriculture, Forestry, Fishing, 112XXX Farms with animal production.
Hunting.
Manufacturing.................. 333111 Farm machinery and equipment.
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B. How Can I Get Copies of This Document?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. OAR-2003-0046. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the Air Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102,
1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Air
Docket is (202) 566-1742. This Docket Facility is open from 8:30 a.m.
to 4:30 p.m. Monday through Friday, excluding legal holidays. The
Docket telephone number is 202-566-1742.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/. An electronic version of the
public docket is available through EPA's electronic public docket and
comment system, EPA Dockets. You may use EPA Dockets at
http://www.regulations.gov/ to submit or view public comments, access the
index listing of the contents of the official public docket, and to
access those documents in the public docket that are available
electronically. Once in the system, select ``search,'' then key in the
appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.C. EPA intends to work towards
providing electronic access to all of the publicly available docket
materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
For additional information about EPA's electronic public docket
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, by facsimile, or
through hand delivery/courier. To ensure proper receipt by EPA,
identify
[[Page 17765]]
the appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/
edocket, and follow the online instructions for submitting comments. To
access EPA's electronic public docket from the EPA Internet Home Page,
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once
in the system, select ``search,'' and then key in Docket ID No. OAR-
2003-0046. The system is an ``anonymous access'' system, which means
EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to a-
and-r-docket@epa.gov Attention Air Docket ID No. OAR-2003-0046. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the Docket without going through EPA's electronic public docket,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.A.1. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By Mail. Send two copies of your comments to: Air Docket,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC, 20460, Attention Docket ID No. OAR-2003-
0046.
3. By Hand Delivery or Courier. Deliver your comments to: EPA
Docket Center, Room B102, EPA West Building, 1301 Constitution Avenue,
NW., Washington, DC, Attention Air Docket ID No. OAR-2003-0046. Such
deliveries are only accepted during the Docket's normal hours of
operation as identified in Unit I.
4. By Facsimile. Fax your comments to: (202) 566-1741, Attention
Docket ID. No. OAR-2003-0046.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail.
Send or deliver information identified as CBI only to the following
address: Attention: Robert Larson, U.S. EPA, National Vehicle and Fuel
Emissions Laboratory, Transportation and Regional Programs Division,
2000 Traverwood Drive, Ann Arbor, MI 48105, Docket ID No. OAR-2003-
0046. You may claim information that you submit to EPA as CBI by
marking any part or all of that information as CBI (if you submit CBI
on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and
then identify electronically within the disk or CD ROM the specific
information that is CBI). Information so marked will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.
D. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
II. Summary of Proposal
EPA is proposing to revise the definition of nonroad engines to
include all diesel-powered engines used in agricultural operations in
the State of California that are certified by the engine maker to meet
the applicable nonroad emission standards. Under this proposed rule,
such engines will be considered as nonroad engines without regard to
whether these engines are portable or transportable or how long these
engines remain in one fixed location at a farm.
However, in the ``Rules and Regulations'' section of today's
Federal Register, we are promulgating these revisions as a direct final
rule without a prior proposal. We have explained our reasons for this
action. This proposal incorporates by reference all the reasoning,
explanation and regulatory text from the direct final rule. For further
information, including the regulatory text for this proposal, please
refer to the direct final rule that is located in the ``Rules and
Regulations'' section of this Federal Register publication. The direct
final rule will be effective on May 14, 2003, without further notice
unless we receive adverse comment by May 12, 2003, or receive a request
for a public hearing by April 28,
[[Page 17766]]
2003. If we receive no adverse comment, we will take no further action
on this proposed rule. If we receive adverse comment on this
rulemaking, we will publish a timely withdrawal in the Federal Register
indicating that this rule change is being withdrawn due to adverse
comment. We will address all adverse comment in a subsequent final rule
based upon this proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency is required to determine whether this regulatory action would be
``significant'' and therefore subject to review by the Office of
Management and Budget (OMB) and the requirements of the Executive
Order. The order defines a ``significant regulatory action'' as any
regulatory action that is likely to result in a rule that may:
--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;
--Create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency;
--Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or,
--Raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
Pursuant to the terms of Executive Order 12866, we have determined
that this proposed rule is not a ``significant regulatory action.''
B. Paperwork Reduction Act
The Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq., and
implementing regulations, 5 CFR part 1320, do not apply to this action
as it does not involve the collection of information as defined
therein.
C. Regulatory Flexibility Act
EPA certifies that it is not necessary to prepare a regulatory
flexibility analysis in connection with this action. This proposed rule
will not have a significant economic impact on a substantial number of
small entities, in particular because this rule change does not mandate
that farms replace any existing engine.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments, and the private sector. Under section 202 of the UMRA, we
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more for
any single year. Before promulgating a rule for which a written
statement is needed, section 205 of the UMRA generally requires us to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
section 205 do not apply when they are inconsistent with applicable
law. Moreover, section 205 allows us to adopt an alternative that is
not the least costly, most cost-effective, or least burdensome
alternative if we provide an explanation in the final rule of why such
an alternative was adopted.
Before we establish any regulatory requirement that may
significantly or uniquely affect small governments, including tribal
governments, we must develop a small government plan pursuant to
section 203 of the UMRA. Such a plan must provide for notifying
potentially affected small governments, and enabling officials of
affected small governments to have meaningful and timely input in the
development of our regulatory proposals with significant Federal
intergovernmental mandates. The plan must also provide for informing,
educating, and advising small governments on compliance with the
regulatory requirements.
This rule contains no Federal mandates for State, local, or tribal
governments as defined by the provisions of title II of the UMRA. The
rule imposes no enforceable duties on any of these governmental
entities. Nothing in the rule will significantly or uniquely affect
small governments.
We have determined that this rule does not contain a Federal
mandate that may result in estimated expenditures of more than $100
million to the private sector in any single year. This action has the
net effect of revising certain provisions of the Tier 2 rule.
Therefore, the requirements of the UMRA do not apply to this action.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires us to develop an accountable process to ensure
``meaningful and timely input by state and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government.
Under section 6 of Executive Order 13132, we may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or we consult
with State and local officials early in the process of developing the
proposed regulation. We also may not issue a regulation that has
federalism implications and that preempts State law, unless the Agency
consults with State and local officials early in the process of
developing the proposed regulation.
Section 4 of the Executive Order contains additional requirements
for rules that preempt State or local law, even if those rules do not
have federalism implications (i.e., the rules will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government). Those
requirements include providing all affected State and local officials
notice and an opportunity for appropriate participation in the
development of the regulation. If the preemption is not based on
express or implied statutory authority, we also must consult, to the
extent practicable, with appropriate State and local officials
regarding the conflict between State law and federally protected
interests within the Agency's area of regulatory responsibility.
This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in
[[Page 17767]]
Executive Order 13132. This rule revises certain provisions of earlier
rules that adopted national standards to control emissions from nonroad
diesel engines. The requirements of the rule will be enforced by the
Federal government at the national level. Thus, the requirements of
section 6 of the Executive Order do not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have tribal implications, as specified in Executive Order 13175.
Today's rule does not uniquely affect the communities of American
Indian tribal governments. Furthermore, today's rule does not impose
any direct compliance costs on these communities and no circumstances
specific to such communities exist that will cause an impact on these
communities beyond those discussed in the other sections of today's
document. Thus, Executive Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that (1) is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that we have reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, section 5-501 of the Executive Order directs us to
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by us.
This rule is not subject to the Executive Order because it is not
an economically significant regulatory action as defined by Executive
Order 12866. Furthermore, this rule does not concern an environmental
health or safety risk that we have reason to believe may have a
disproportionate effect on children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), section 12(d) of Public Law 104-113, directs us to
use voluntary consensus standards in our regulatory activities unless
it 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) developed or adopted by voluntary consensus standards
bodies. The NTTAA directs us to provide Congress, through OMB,
explanations when we decide not to use available and applicable
voluntary consensus standards.
No new technical standards are established in today's rule.
IV. Statutory Provisions and Legal Authority
Statutory authority for today's proposed rule is found in the Clean
Air Act, 42 U.S.C. 7401 et seq., in particular, section 213 of the Act,
42 U.S.C. 7547. This rule is being promulgated under the administrative
and procedural provisions of Clean Air Act section 307(d), 42 U.S.C.
7607(d).
List of Subjects in 40 CFR Part 89
Environmental protection, Administrative practice and procedure,
Motor vehicle pollution.
Dated: April 7, 2003.
Christine Todd Whitman,
Administrator.
[FR Doc. 03-8956 Filed 4-10-03; 8:45 am]
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