Control of Emissions From New Nonroad Spark-Ignition Engines
Rated Above 19 Kilowatts and New Land-Based Recreational Spark-Ignition
Engines
Related Material
[Federal Register: February 8, 1999 (Volume 64, Number 25)]
[Proposed Rules]
[Page 6008-6013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe99-21]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 83
[FRL-6230-7]
RIN 2060-AI11
Control of Emissions From New Nonroad Spark-Ignition Engines
Rated Above 19 Kilowatts and New Land-Based Recreational Spark-Ignition
Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Finding.
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SUMMARY: EPA proposes a finding that nonroad spark-ignition engines
rated above 19 kilowatts, as well as all land-based recreational
nonroad spark-ignition engines, cause or contribute to air quality
nonattainment in more than one ozone or carbon monoxide nonattainment
area. EPA also proposes a finding that particulate matter emissions
from these engines cause or contribute to air pollution that may
reasonably be anticipated to endanger public health or welfare. This
proposal does not address marine propulsion engines.
DATES: EPA requests comment on this proposal no later than April 12,
1999. EPA will hold a public hearing on this proposed finding on March
11, 1999 if one is requested on or before February 23, 1999.
ADDRESSES: Materials related to this action are contained in Public
Docket A-98-01, located at room M-1500, Waterside Mall (ground floor),
U.S. Environmental Protection Agency, 401 M Street, S.W., Washington,
DC 20460. Anyone may inspect the docket from 8:00 a.m. until 5:30 p.m.,
Monday through Friday. EPA may charge a reasonable fee for copying
docket materials.
Send comments on this notice to Public Docket A-98-01 at the above
address. EPA requests that you also send a copy of any comments to Alan
Stout, U.S. EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105.
FOR FURTHER INFORMATION CONTACT: Alan Stout (734) 214-4805.
SUPPLEMENTARY INFORMATION: EPA has established emission standards for
several nonroad engine categories. The categories of nonroad engines
for which standards currently exist cover a variety of applications,
including farm and construction equipment, marine vessels, locomotives,
and lawn and garden equipment. Lawn and garden equipment uses nonroad
spark-ignition engines, but these engines are generally rated below 19
kW. Emission standards targeting lawn and garden engines therefore
apply only to engines rated at or below 19 kW.
In contrast, nonroad spark-ignition engines rated above 19 kW (25
hp) and all spark-ignition engines used in land-based recreational
applications are not currently subject to federal emission
standards.1 With this document, EPA is beginning the process
leading to eventual emission standards for these engines.
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\1\ For the purposes of this document, all references to spark-
ignition engines rated above 19 kW includes marine auxiliary
engines, but excludes marine propulsion engines.
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I. Statutory Authority
Section 213(a)(1) of the Clean Air Act, 42 U.S.C. 7547(a), requires
that the Agency study the emissions from all categories of nonroad
engines and equipment (other than locomotives) to determine, among
other things, whether these emissions ``cause or significantly
contribute to air pollution which may reasonably be anticipated to
endanger public health and welfare.'' Section 213(a)(2) further
requires EPA to determine, through notice and comment, whether the
emissions of
[[Page 6009]]
carbon monoxide (CO), volatile organic compounds (VOCs), and oxides of
nitrogen (NOX) found in the above study significantly
contributes to ozone or CO concentrations in more than one ozone or CO
nonattainment area. With such a determination of significance, section
213(a)(3) requires the Agency to establish emission standards
applicable to CO, VOC, and NOX emissions from classes or
categories of new nonroad engines and vehicles that cause or contribute
to such air pollution. Moreover, if EPA determines that any other
emissions from new nonroad engines contribute significantly to air
pollution, EPA may promulgate emission standards under section
213(a)(4) regulating emissions from classes or categories of new
nonroad engines that EPA finds contribute to such air pollution.
As directed by the Clean Air Act, EPA conducted a study of
emissions from nonroad engines, vehicles, and equipment in
1991.2 Based on the results of that study, referred to as
NEVES, EPA determined that emissions of NOX, HC, and CO from
nonroad engines and equipment contribute significantly to ozone and CO
concentrations in more than one nonattainment area (see 59 FR 31306,
June 17, 1994).3 Given this determination, section 213(a)(3)
of the Act requires EPA to promulgate emissions standards for those
classes or categories of new nonroad engines, vehicles, and equipment
that in EPA's judgment cause or contribute to such air pollution. EPA
is proposing in this document that nonroad SI engines rated above 19 kW
and all land-based recreational nonroad SI engines ``cause or
contribute'' to such air pollution.
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\2\ ``Nonroad Engine and Vehicle Emission Study--Report and
Appendices,'' EPA-21A-201, November 1991 (available in Air docket A-
96-40).
\3\ The terms HC (hydrocarbon) and VOC (volatile organic carbon)
refer to similar sets of chemicals and are generally used
interchangeably.
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Where EPA determines that other emissions from nonroad engines,
vehicles, or equipment significantly contribute to air pollution that
may reasonably be anticipated to endanger public health or welfare,
section 213(a)(4) authorizes EPA to establish (and from time to time
revise) emission standards from those classes or categories of new
nonroad engines, vehicles, and equipment that EPA determines cause or
contribute to such air pollution, taking into account cost, noise,
safety and energy factors associated with the application of technology
used to meet the standards. EPA has made this determination for
emissions of particulate matter (PM) and smoke from nonroad engines
(see 59 FR 31306, June 17, 1994). In that rulemaking, EPA found that
smoke emissions from nonroad engines significantly contribute to such
air pollution based on smoke's relationship to the particulate matter
that makes up smoke. Particulate matter can be inhaled into the lower
lung cavity, posing a potential health threat. EPA cited recent studies
associating PM with increased mortality. EPA also noted smoke's impact
on visibility and soiling of urban buildings and other
property.4 EPA also promulgated standards for emissions of
PM and smoke from nonroad diesel engines in that rulemaking. With this
document, EPA is proposing to find that emissions of PM from nonroad SI
engines rated above 19 kW and all land-based recreational nonroad SI
engines ``cause or contribute'' to such air pollution, taking cost,
noise, safety and energy factors into account.
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\4\ The nonroad study (NEVES) found that nonroad sources are
responsible for approximately 5.55% of the total anthropogenic
inventory of PM emissions and over one percent of total PM emissions
in six to ten of the thirteen nonattainment areas surveyed.
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II. Emission Modeling
EPA is in the process of developing its updated Nonroad Emissions
Model, which computes nationwide emission levels for a wide variety of
nonroad engines. The model incorporates information on emission rates,
operating data, and population to determine annual emission levels of
various pollutants. Population and operating data, including load
factor and operating rate, are determined separately for dozens of
different applications. Load factor refers to the degree to which an
engine is loaded, with full-power operation indicated by a load factor
of 1.0. In addition to gasoline, Large SI engines can operate on
liquefied petroleum gas (LPG) or compressed natural gas (CNG). An EPA
memorandum describes the detailed inputs and methodology for this
modeling.5 Some of the key operating parameters from the
model are reproduced in Tables 1 and 2.
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\5\ ``Emission Modeling for Large SI Engines,'' EPA memorandum
from Alan Stout to Docket A-98-01 (document II-B-01), January 28,
1999.
Table 1.--Operating Parameters and Population Estimates for Various Applications of Engines Rated Above 19 kW
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Hours 1996 2010 Percent
Application Load ---------------------------------------------------
factor per year population population LPG/CNG
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Forklift....................................... 0.30 1500 442,000 547,063 95
Generator...................................... 0.68 115 205,990 202,177 50
Welder......................................... 0.51 208 55,495 67,872 50
Commercial turf................................ 0.60 733 41,440 55,074 0
Pump........................................... 0.69 221 41,104 44,830 50
Air compressor................................. 0.56 484 24,182 28,633 50
Baler.......................................... 0.62 68 21,937 27,597 0
Irrigation set................................. 0.60 716 17,800 9,724 50
Aerial lift.................................... 0.46 361 15,734 15,555 50
Scrubber/sweeper............................... 0.71 516 14,154 13,955 50
Chipper/grinder................................ 0.78 488 12,218 16,262 50
Leaf blower/vacuum............................. 0.75 56 10,823 14,384 0
Oil field equipment............................ 0.90 1104 8,792 8,924 100
Sprayer........................................ 0.65 80 8,635 10,863 0
Trencher....................................... 0.66 402 8,168 9,604 50
Specialty vehicle/cart......................... 0.58 65 7,833 8,726 50
Skid/steer loader.............................. 0.58 310 7,795 9,164 50
Other general industrial....................... 0.54 713 3,987 3,942 50
Rubber-tired loader............................ 0.71 512 3,476 4,088 50
[[Page 6010]]
Gas compressor................................. 0.60 8500 3,023 1,620 100
Paving equipment............................... 0.59 175 2,996 3,524 50
Terminal tractor............................... 0.78 827 2,905 2,872 50
Bore/drill rig................................. 0.79 107 2,618 3,080 50
Ag. tractor.................................... 0.62 550 2,152 2,707 0
Concrete/industrial saw........................ 0.78 610 2,133 2,509 50
Rough terrain forklift......................... 0.63 413 1,933 2,273 50
Roller......................................... 0.62 621 1,596 1,878 50
Crane.......................................... 0.47 415 1,584 1,864 50
Other material handling........................ 0.53 386 1,535 1,518 50
Paver.......................................... 0.66 392 1,337 1,573 50
Other agriculture equipment.................... 0.55 124 1,234 1,552 0
Other construction............................. 0.48 371 1,222 1,436 50
Pressure washer................................ 0.85 115 1,207 2,271 50
Aircraft support............................... 0.56 681 840 1,238 50
Crushing/processing equip...................... 0.85 241 532 628 50
Surfacing equipment............................ 0.49 488 481 567 50
Tractor/loader/backhoe......................... 0.48 870 416 489 50
Hydraulic power unit........................... 0.56 450 339 384 50
Other lawn & garden............................ 0.58 61 333 443 0
Refrigeration/AC............................... 0.46 605 163 226 100
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Table 2.--Operating Parameters and Population Estimates for Land-Based Recreational Engines
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Hours per 1996 2010 Percent 2-
Application Load factor year population population stroke
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ATV/Nonroad Motorcycle*........................ 0.72 135 1,743,801 1,880,196 19
Snowmobile..................................... 0.81 121 1,289,302 1,390,148 100
Specialty vehicle.............................. 0.58 65 413,492 445,853 43
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* Including mini-bikes, mopeds, and go-carts.
Emission modeling runs for the years 2000 and 2010 are summarized
in Tables 3 and 4. These tables show relative contributions of the
different mobile source categories to the overall emissions inventory.
Of the total emissions from mobile sources, nonroad SI engines rated
above 19 kW contribute 1 percent, 2 percent, 3 percent, and 0.4 percent
of HC, NOX, CO, and PM emissions in the year 2000. The
results for land-based recreational engines reflect the much different
emissions profile from two-stroke engines. These engines are estimated
to contribute 15 percent of mobile source HC emissions, 9 percent of CO
emissions, and 0.2 percent of NOX emissions. PM emissions
from land-based recreational engines amount to 2 percent of total
mobile source emissions. Since highway engines account for a large
fraction of mobile source emissions, as shown in Tables 3 and 4, the
contribution of these engines as a percentage of total nonroad
emissions will be significantly higher than that from total mobile
sources emissions.
These emission figures are projected to change somewhat by 2010.
The contribution of CO emissions from SI engines above 19 kW increases
to 4 percent and the contribution of HC and CO emissions from land-
based recreational engines increases to 19 percent and 11 percent.
Population growth and the effects of regulatory control programs are
factored into these later emissions estimates. Table 4 shows that the
relative importance of uncontrolled engines grows over time as other
engines reduce their emission levels. The effectiveness of all control
programs is offset by the anticipated growth in engine populations.
Table 3.--Modeled Annual Emission Levels for Mobile Source Categories in 2000
[Thousand short tons.]
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NO<INF>X HC CO PM
Category ------------------------------------------------------------------------------------------
tons percent tons percent tons percent tons percent
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Nonroad SI > 19 kW........................................... 227 2 57 1 2,060 3 3 0.4
Recreational SI equip........................................ 25 0.2 1,100 15 6,652 9 16 2
Nonroad SI < 19 kW........................................... 82 0.7 623 8 13,859 19 14 2
Marine SI.................................................... 39 0.4 609 8 2,177 3 30 4
Nonroad diesel............................................... 2,803 25 371 5 1,002 1 306 44
Marine diesel................................................ 206 2 45 1 76 0.1 30 4
Locomotive................................................... 1,075 10 46 1 104 0.1 27 4
Aircraft..................................................... 178 2 183 2 1,017 1 39 6
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[[Page 6011]]
Total Nonroad................................................ 4,635 42 3,034 40 26,947 38 465 66
Total Highway................................................ 6,397 58 4,482 60 44,244 62 238 34
==========================================================================================
Total Mobile Source.......................................... 11,032 100 7,516 100 71,191 100 703 100
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Table 4.--Modeled Annual Emission Levels for Mobile Source Categories in 2010
[Thousand short tons.]
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NO<INF>X HC CO PM
Category ------------------------------------------------------------------------------------------
tons percent tons percent tons percent tons percent
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Nonroad SI > 19 kW........................................... 288 3 46 1 2,427 4 3 0.4
Recreational SI equip........................................ 26 0.3 1,174 19 6,900 11 18 2
Nonroad SI < 19 kW........................................... 73 0.8 293 5 11,528 18 15 2
Marine SI.................................................... 49 0.5 363 6 2,221 3 22 3
Nonroad diesel............................................... 2,248 24 249 4 699 1 375 51
Marine diesel................................................ 211 2 46 1 78 0.1 31 4
Locomotive................................................... 1,075 11 46 1 104 0.2 27 4
Aircraft..................................................... 209 2 215 4 1,279 2 42 6
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Total Nonroad................................................ 4,179 44 2,432 40 25,236 39 533 73
Total Highway................................................ 5,354 56 3,683 60 40,201 61 200 27
==========================================================================================
Total Mobile Source.......................................... 9,533 100 6,115 100 65,437 100 733 100
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In presenting this analysis, EPA has estimated national emissions
as a proxy for emissions within nonattainment areas. This should be a
reasonable approximation due to the fact that the equipment listed in
the above tables is generally not isolated to individual areas.
However, EPA recognizes that some applications may not contribute
equally to emissions in both attainment and nonattainment areas. EPA
would like to include current data on the contribution of these sources
to nonattainment area emissions when it finalizes a finding based on
this proposal and the associated public comments. Accordingly, EPA
seeks comments and data that address the degree to which emissions from
these engines and equipment contribute to air pollution in
nonattainment areas.
EPA's 1991 study analyzed emissions from nonroad engines in several
nonattainment areas.6 The analysis showed that Large SI
equipment and SI recreational vehicles contribute to emissions of VOCs,
NOX, CO and PM in the vast majority of the nonattainment
areas surveyed. The 1991 study does not provide total inventories for
Large SI equipment because equipment categories were aggregated using
different criteria than are used in this notice. However, a review of,
for example, spark-ignited forklifts in the New York City Consolidated
Metropolitan Statistical Area area indicated contributions of 4868, 84
853, 5148 and 27 tons per year of VOCs, CO, NOX, and PM,
respectively. According to the study, spark-ignited recreational
vehicles (mini-bikes and mopeds, and others vehicle types) in the New
York City Consolidated Metropolitan Statistical Area contributed 11
280, 19 054, 82 and 217 tons of these pollutants per year.7
In the South Coast (Los Angeles) area, spark-ignited forklifts
contributed 4612, 80 649, 4893 and 25 tons of VOCs, CO, NOX
and PM, respectively, while SI recreational vehicles contributed 8066,
28 465, 53 and 80 tons of these pollutants per year. Many of the
factors that EPA used in creating the emission estimates for the 1991
study have been revised in the current modeling as EPA gathers more
complete information regarding, for example, emission factors and
population estimates. These revisions do not, however, change the
central analysis of contribution in the 1991 study.
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\6\ See ``Nonroad Engine and Vehicle Emission Study--Report and
Appendices'' and ``Nonroad Inventory Tables: Inventories A and B,''
in EPA Air Docket A-91-24.
\7\ The New York City CMSA includes New York City, Long Island,
parts of New York north of New York City, parts of Northern New
Jersey and parts of Connecticut.
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III. General Approach for an Emission Control Program
EPA has made an extensive effort to coordinate EPA's anticipated
regulatory program for spark-ignited engines rated above 19 kW with the
requirements adopted by the California Air Resources Board (California
ARB). The California ARB finalized emission standards for these engines
on October 22, 1998. An EPA memorandum provides additional information
about the requirements approved by the California ARB and highlights a
few issues that will warrant further attention in the EPA
rulemaking.8
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\8\ ``California Requirements for Large SI Engines and Possible
EPA Approaches,'' EPA memorandum from Alan Stout to Docket A-98-01
(Document II-B-02), January 28, 1999.
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EPA believes that equipment in the large nonroad SI category
generally use engines of similar design. The same is true of engines in
the recreational vehicle category. Manufacturers will generally be able
to produce engine models with the projected control technologies that
can be used in most applications in a category without significant
modification. EPA seeks additional information on relevant similarities
and distinctions between engines used in these categories.
[[Page 6012]]
IV. Conclusion
Based on the analysis described in this document, EPA proposes that
emissions of HC, NOX, and CO from nonroad spark-ignition
engines rated above 19 kW and from nonroad land-based spark-ignition
recreational engines contribute to ozone or carbon monoxide
concentrations in more than one ozone or CO nonattainment area, and
emissions of PM from such engines cause or contribute to air pollution
that may reasonably be anticipated to endanger public health or
welfare.
V. Public Participation
Publication of this document opens a formal comment period for this
proposal. EPA will accept comments for the period indicated under DATES
above. The Agency encourages all parties that have an interest in the
program described in this document to offer comment on all aspects of
this rulemaking, including the memoranda referenced in this document.
All comments, with the exception of proprietary information, should be
directed to the EPA Air Docket Section, Docket No. A-97-50 before the
date specified above. The Agency will hold a public hearing if one is
requested, as noted under DATES above.
Commenters wishing to submit proprietary information for
consideration should clearly separate such information from other
comments by (1) labeling proprietary information ``Confidential
Business Information'' and (2) sending proprietary information directly
to the contact person listed (see FOR FURTHER INFORMATION CONTACT) and
not to the public docket. This will help ensure that proprietary
information is not inadvertently placed in the docket. If a commenter
wants EPA to use a submission of confidential information as part of
the basis for the final rule, then a nonconfidential version of the
document that summarizes the key data or information should be sent to
the docket.
Information covered by a claim of confidentiality will be disclosed
by EPA only to the extent allowed and in accordance with the procedures
set forth in 40 CFR part 2. If no claim of confidentiality accompanies
the submission when it is received by EPA, it will be made available to
the public without further notice to the commenter.
VI. Administrative Requirements
A. Administrative Designation and Regulatory Analysis
Under Executive Order 12866, the Agency must determine whether this
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and the requirements of the
Executive Order (58 FR 51735, Oct. 4, 1993). The order defines
``significant regulatory action'' as any regulatory action 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.
EPA has submitted this proposed finding to the Office of Management
and Budget pursuant to Executive Order 12866.
B. 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 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.
The Agency certifies that this proposal will not have a significant
economic impact on a substantial number of small entities. This
proposal involves no requirements that would impose any burden on
industry or other segments of society. A finding that Large SI engines
cause or contribute to air pollution in at least two nonattainment
areas, however, will lead EPA to initiate a rulemaking to set emission
standards for these engines. In that separate rulemaking, EPA will
review whether the proposed regulations would have a significant
economic impact on a substantial number of small entities. The
subsequent rulemaking will provide ample opportunity for notice and
comment.
C. Paperwork Reduction Act
This proposal contains no requirements for collecting, storing, or
reporting information.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub
.L. 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, EPA
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 in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA 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 EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that this proposed finding does not contain
federal mandates that may result in expenditures of $100 million or
more for State, local, and tribal governments, in the aggregate, or the
private sector in any one year. The rule does not impose any
enforceable duties on State, local, or tribal governments. This rule
also contains no regulatory requirements that might significantly or
uniquely affect small governments. In addition, there will be no
economic effects resulting from this proposed rule Thus, this proposed
rule is not subject to the requirements of sections 202 and 205 of the
UMRA.
[[Page 6013]]
E. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless doing 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. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
This proposed finding involves no technical standards.
F. Protection of Children
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to a rule that is determined to be ``economically
significant,'' as defined under Executive Order 12866, if the
environmental health or safety risk addressed by the rule has a
disproportionate effect on children. For these rules, the Agency must
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 the Agency.
This proposed finding is not subject to Executive Order 13045,
because it does not involve decisions on environmental health or safety
risks that may disproportionately affect children.
G. Enhancing the Intergovernmental Partnership under Executive Order
12875
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
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
This rule would not create a mandate on State, local or tribal
governments. The rule would not impose any enforceable duties on these
entities. This rule would be implemented at the federal level and would
impose no compliance obligations on any party. Accordingly, the
requirements of section 1(a) of Executive Order 12875 do not apply to
this rule.
H. 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 complies 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 officials 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.''
This rule would not significantly or uniquely affect the
communities of Indian tribal governments. This rule would be
implemented at the federal level and would impose no compliance
obligations on any party. Accordingly, the requirements of section 3(b)
of Executive Order 13084 do not apply to this rule.
List of Subjects in 40 CFR Part 83
Environmental protection, Administrative practice and procedure,
Confidential business information, Gasoline, Imports, Motor vehicle
pollution, Reporting and recordkeeping requirements, Research,
Warranties.
Dated: January 29, 1999.
Carol M. Browner,
Administrator.
[FR Doc. 99-2694 Filed 2-5-99; 8:45 am]
BILLING CODE 6560-50-P
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