[Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)]
[Notices]
[Pages 32314-32316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15165]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5224-6]
California State Nonroad Engine and Equipment Pollution Control
Standards; Opportunity for Public Hearing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of an opportunity for public hearing and public comment.
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SUMMARY: The California Air Resources Board (CARB) has notified EPA
that it has adopted regulations for exhaust emission standards and test
procedures for nonroad recreational vehicles and engines (recreational
vehicles) for 1997 and subsequent calendar years. CARB has requested
that EPA authorize CARB to enforce these regulations pursuant to
section 209(e) of the Clean Air Act (Act), as amended, 42 U.S.C. 7543,
and EPA's regulation ``Air Pollution Control; Preemption of State
Regulation for Nonroad Engine and Vehicle Standards'' (section 209(e)
Rule) (40 CFR part 85; 59 FR 26969-36983). This notice announces that
EPA has tentatively scheduled a public hearing to consider CARB's
request and to hear comments from interested parties regarding CARB's
request for EPA's authorization and CARB's determination that its
regulations, as noted above, comply with the criteria set forth in the
209(e) Rule. In addition, EPA is requesting that interested parties
submit written comments. Any party desiring to present oral testimony
for the record at the public hearing, instead of, or in addition to,
written comments, must notify EPA by July 26, 1995. If no party
notifies EPA that it wishes to testify on the recreational vehicles
regulations, then no hearing will be held and EPA will consider CARB's
authorization request based on written submissions to the record.
DATES: EPA has tentatively scheduled a public hearing for August 8,
1995, beginning at 9:00 a.m., if any party notifies EPA by July 26,
1995, that it wishes to present oral testimony regarding CARB's
request. Any party may submit written comments regarding CARB's request
by September 11, 1995. After July 26, 1995, any person who plans to
attend the hearing may call David Dickinson of EPA's Manufacturers
Operations Division at (202)233-9256 to determine if a hearing will be
held.
ADDRESSES: If a request is received, EPA will hold the public hearing
announced in this notice at the Channel Inn Hotel, 650 Water Street
SW., Washington, DC. Parties wishing to present oral testimony at the
hearing should notify in writing, and if possible, submit ten (10)
copies of the planned testimony to: Charles N. Freed, Director,
Manufacturers Operations Division (6405J), U.S. Environmental
Protection Agency, 401 M Street SW., Washington, DC 20460. In addition,
any written comments regarding the authorization request, should be
sent, in duplicate, to Charles N. Freed at the same address to the
attention of Docket A-95-17. Copies of material relevant to the
authorization request (Docket A-95-17) will be available for public
inspection during normal working hours of 8 a.m. to 4 p.m. Monday
through Friday, including all non-government holidays, at the U.S.
Environmental Protection Agency, Air and Radiation Docket and
Information Center, 401 M Street, S.W., Washington, DC 20460.
Telephone: (202)260-7548. FAX Number: (202)260-4000.
FOR MORE INFORMATION CONTACT: David Dickinson, Attorney/Advisor,
Manufacturers Operations Division (6405J), U.S. Environmental
Protection Agency, 401 M Street SW., Washington, DC 20460. Telephone:
(202)233-9256.
SUPPLEMENTARY INFORMATION:
I. Background
Section 209(e)(1) of the Act as amended, 42 U.S.C. 7543(e)(1),
provides in part: ``No State or any political subdivision thereof shall
adopt or attempt to enforce any standard relating to the control of
emissions from either of the following new nonroad engines or nonroad
vehicles subject to regulation under this Act--(A) New engines which
are used in construction equipment or vehicles or used in farm
equipment or vehicles and which are smaller than 175 horsepower. (B)
New locomotives or new engines used in locomotives.''
For those new pieces of equipment or new vehicles other than those
a State is not permanently preempted from regulating under section
209(e)(1), the State of California may regulate such new equipment or
new vehicles provided California complies with Section 209(e)(2).
Section 209(e)(2) provides in part that the Administrator shall, after
notice and opportunity for [[Page 32315]] public hearing, authorize
California to adopt and enforce standards and other requirements
relating to the control of emissions from such vehicles or engines
``[i]f California determines that California standards will be, in the
aggregate, at least as protective of public health and welfare as
applicable Federal standards. No such authorization shall be granted if
the Administrator finds that--(i) the determination of California is
arbitrary and capricious, (ii) California does not need such California
standards to meet compelling and extraordinary conditions, or (iii)
California standards and accompanying enforcement procedures are not
consistent with this section.''
EPA has issued a final regulation titled ``Air Pollution Control;
Preemption of State Regulation for Nonroad Engine and Vehicle
Standards'' (section 209(e) Rule) that sets forth several definitions,
as explained below, and the authorization criteria EPA must consider
before granting California an authorization to enforce any of its
nonroad engine standards.1 As described in the section 209(e)
Rule, in order to be deemed ``consistent with this section'',
California standards and enforcement procedures must be consistent with
section 209. In order to be consistent with section 209 California
standards and enforcement procedures must reflect the requirements of
sections 209(a), 209(e)(1), and 209(b). Section 209(a) prohibits states
from adopting or enforcing emission standards for new motor vehicles or
new motor vehicle engines.2 Section 209(e)(1) identifies the
categories preempted from state regulation. As stated above, the
preempted categories are (a) new engines which are used in construction
equipment or vehicles or used in farm equipment or vehicles and which
are smaller than 175 horsepower, and (b) new locomotives or new engines
used in locomotives. The section 209(e) Rule defines construction
equipment or vehicle to mean ``any internal combustion engine-powered
machine primarily used in construction and located on commercial
construction sites. The section 209(e) Rule defines farm equipment or
vehicle to mean ``any internal combustion engine-powered machine
primarily used in the commercial production and/or commercial
harvesting of food, fiber, wood, or commercial organic products or for
the processing of such products for further use on the farm. The
section 209(e) rule defines ``primarily used'' to mean ``used 51
percent or more.''3 Therefore, California's proposed emission
regulations would be considered inconsistent with section 209 if they
applied to these permanently preempted categories. Additionally, the
section 209(e) Rule requires EPA to review nonroad authorization
requests under the same ``consistency'' criterion that it reviews motor
vehicle waiver requests. Under section 209(b)(1)(C), the Administrator
shall not grant California a motor vehicle waiver if she finds that
California standards and accompanying enforcement procedures are not
consistent with section 202(a) of the Act. California's nonroad
standards are not consistent with section 202(a) if there is inadequate
lead time to permit the development of technology necessary to meet
those standards, giving appropriate consideration to the cost of
compliance within that time frame. Additionally, California's nonroad
accompanying enforcement procedures would be inconsistent with section
202(a) if the Federal and California test procedures were inconsistent,
that is, manufacturers would be unable to meet both the State and
Federal test requirements with one test vehicle or engine.
\1\See 59 FR 36969, July 20, 1994 (to be codified at 40 C.F.R.
Part 85, Subpart Q, Secs. 85.1601-85.1606). Sec. 85.1604(a) states
``California shall request authorization to enforce its adopted
standards and other requirements relating to the control of
emissions from new nonroad vehicles * * *.'' As explained in the
preamble to the 209(e) rule, California may first adopt a nonroad
exhaust emission standard and then seek an authorization from EPA to
enforce such standard.
\2\EPA believes CARB's authorization request for recreational
vehicles does not raise an issue with regard to whether such
vehicles are motor vehicles. EPA anticipates that it will utilize
both its definitions of motor vehicles and nonroad engines to
resolve this issue.
\3\See 40 CFR part 85, subpart Q, Sec. 85.1602.
Once California has been granted an authorization, under section
209(e)(2), for its standards and accompanying enforcement procedures
for a category or categories of equipment, it may adopt other
conditions precedent to initial retail sale, titling or registration of
the subject category or categories of equipment without the necessity
of receiving further EPA authorization.
By letter dated March 6, 1995, CARB submitted to EPA a request that
EPA authorize California to enforce regulations for standards and test
procedures for 1997 and subsequent calendar year recreational vehicles.
These regulations, which apply to off-road motorcycles, all-terrain
vehicles (ATVs), golf carts, go-karts, and specialty vehicles:
a. Establish an exhaust emission standard for off-road motorcycles
and ATV engines produced after December 31, 1996, measured in grams-
per-kilometer.
b. Establish a zero-emission requirement for golf carts produced
after December 31, 1996.
c. Require that specialty vehicles less than 25 horsepower comply
with the exhaust emission standards applicable to utility equipment
engines as set forth in Title 13, California Code of Regulation,
Section 2403.
d. Establish an exhaust emission standard for specialty vehicles 25
horsepower and greater produced after December 31, 1996 that is
equivalent to the 1999 utility exhaust emission standards.
e. Require that no new engines produced for sale to replace pre-
controlled off-road motorcycle, ATV, go-kart (25 horsepower and
greater), golf cart, and specialty vehicle engines after the
implementation of the exhaust emission standards, unless those new
replacement engines comply with the applicable exhaust emission
standards.
f. Adopt the current federal on-road motorcycle test procedures for
off-road motorcycles and ATVs, with an option for ATVs to certify using
CARB's utility engine test procedure. For go-karts 25 horsepower and
above and specialty vehicles CARB's current utility engine testing
procedures will apply. Require certification of engines including
compliance and assembly-line quality audit test procedures.
g. Establish a labeling requirement for off-road motorcycles, ATVs,
go-karts, and specialty vehicles.
h. Require that CARB's on-road vehicle recall procedures and
program apply to off-road motorcycles and ATVs.
i. Establish a requirement that off-road motorcycles and ATVs be
encoded with a vehicle identification number in order that such
vehicles may be properly registered with California's Department of
Motor Vehicles.
j. Require manufactures of specialty vehicles and go-karts 25
horsepower and above to comply with the two year warranty regulations
that are part of California's utility engine regulations.
California states in its March 6, 1995 letter that it has
determined that its standards for recreational vehicles are, in the
aggregate, at least as protective of the public health and welfare as
the applicable Federal standards. Further, California states that it
needs separate standards to meet compelling and extraordinary
conditions. Finally, California states that its standards and test
procedures are consistent with section 209 of the Act. California's
request will be considered according to the criteria for an
authorization request as set forth in the section 209(e)
[[Page 32316]] regulation.4 Any party wishing to present testimony
at the hearing or by written comment should address, as explained in
the section 209(e) rule, the following issues:
\4\``Air Pollution Control; Preemption of State Regulation for
Nonroad Engine and Vehicle Standards'' at 59 FR 36969, July 20, 1994
and 40 CFR Part 85, Subpart Q, Secs. 85.1601-85.1606).
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(1) Whether California's determination that its standards are at
least as protective of public health and welfare as applicable Federal
standards is arbitrary and capricious;
(2) Whether California needs separate standards to meet compelling
and extraordinary conditions; and,
(3) Whether California's standards and accompanying enforcement
procedures are consistent with (i) section 209(a), which prohibits
states from adopting or enforcing emission standards for new motor
vehicles or engines, (ii) section 209(e)(1), which identifies the
categories preempted from state regulation, and (iii) section 202(a) of
the Act, which requires adequate lead time to permit the development of
technology necessary to meet the standards, giving appropriate
consideration to the cost of compliance within that time frame, and
consistent Federal and California test procedures, that is,
manufacturers would be able to meet both the State and federal test
requirements with one test vehicle or engine.
II. Public Participation
If the scheduled hearing takes place, it will provide an
opportunity for interested parties to state orally their views or
arguments or to provide pertinent information regarding the issues as
noted above and further explained in the section 209(e) Rule. Any party
desiring to make an oral statement on the record should file ten (10)
copies of its proposed testimony and other relevant material along with
its request for a hearing with the Director of EPA's Manufacturers
Operations Division at the Director's address listed above not later
than July 26, 1995. In addition, the party should submit 50 copies, if
possible, of the proposed statement to the presiding officer at the
time of the hearing.
In recognition that a public hearing is designed to give interested
parties an opportunity to participate in this proceeding, there are no
adverse parties as such. Statements by participants will not be subject
to cross-examination by other participants without special approval by
the presiding officer. The presiding officer is authorized to strike
from the record statements which he deems irrelevant or repetitious and
to impose reasonable limits on the duration of the statement of any
participant.
If a hearing is held, the Agency will make a verbatim record of the
proceedings. Interested parties may arrange with the reporter at the
hearing to obtain a copy of the transcript at their own expense.
Regardless of whether a public hearing is held, EPA will keep the
record open until September 11, 1995.
Persons with comments containing proprietary information must
distinguish such information from other comments to the greatest extent
possible and label it as ``Confidential Business Information.'' To
ensure that proprietary information is not inadvertently placed in the
docket, submissions containing such information should be sent directly
to the contact person listed above and not to the public docket. If a
person making comments wants EPA to base its final decision in part on
a submission labeled as confidential business information, then a non-
confidential version of the document which summarizes the key data or
information should be placed in the public docket. Information covered
by a claim of confidentiality will be disclosed by EPA only to the
extent allowed by the procedures set forth in 40 CFR part 2. If no
claim of confidentiality accompanies the submission when it is received
by EPA, it may be made available to the public without further notice
to person making comments.
Dated: June 8, 1995.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation
[FR Doc. 95-15165 Filed 6-20-95; 8:45 am]
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