[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Rules and Regulations]
[Pages 20738-20742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11477]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 89 and 90
[FRL-5502-5]
Reduced Certification Reporting Requirements for New Nonroad
Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This direct final rule revises certification requirements for
new nonroad spark-ignition engines at or below 19 kilowatts, and new
nonroad compression-ignition engines at or above 37 kilowatts, by
reducing the reporting burden associated with the application for
certification.
DATES: This final action will become effective on July 8, 1996 unless
notice is received by June 7, 1996 that any person wishes to submit
adverse comments. Should EPA receive such notice, EPA will publish a
subsequent action in the Federal Register withdrawing all or part of
this final action.
ADDRESSES: Written comments should be submitted (in duplicate, if
possible) to: EPA Air and Radiation Docket, Attention Docket No. A-95-
57, room M-1500 (mail code 6102), 401 M St., S.W., Washington, D.C.
20460. Materials relevant to this rulemaking are contained in docket
No. A-95-57, and may be viewed from 8:30 a.m. until 5:30 p.m. weekdays.
The docket may also be
[[Page 20739]]
reached by telephone at (202) 260-7548. As provided in 40 CFR part 2, a
reasonable fee may be charged by EPA for photocopying. Those wishing to
notify EPA of their intent to submit adverse comments on this action
should contact Laurel Horne, U.S. Environmental Protection Agency, 2565
Plymouth Road, Ann Arbor, MI 48105.
FOR FURTHER INFORMATION CONTACT: Laurel Horne, (313) 741-7803.
SUPPLEMENTARY INFORMATION:
I. Obtaining Electronic Copies of Documents
Electronic copies of the preamble and the regulatory text of this
direct final rulemaking are available electronically from the EPA
internet site and via dial-up modem on the Technology Transfer Network
(TTN), which is an electronic bulletin board system (BBS) operated by
EPA's Office of Air Quality Planning and Standards. Both services are
free of charge, except for your existing cost of internet connectivity
or the cost of the phone call to TTN. Users are able to access and
download files on their first call using a personal computer and modem
per the following information.
Internet:
World Wide Web:
http://www.epa.gov/OMSWWW
Gopher:
gopher://gopher.epa.gov/ Follow menus for: Offices/Air/OMS
FTP:
ftp://ftp.epa.gov/ Change Directory to pub/gopher/OMS TTN BBS: 919-
541-5742
(1200-14400 bps, no parity, 8 data bits, 1 stop bit)
Voice Helpline: 919-541-5384. Off-line: Mondays from 8:00 AM to 12:00
noon EST.
A user who has not called TTN previously will first be required to
answer some basic informational questions for registration purposes.
After completing the registration process, proceed through the
following menu choices from the Top Menu to access information on this
rulemaking.
GATEWAY TO TTN TECHNICAL AREAS (Bulletin Boards)
OMS--Mobile Sources Information
Rulemaking and Reporting
<6> Non-Road
<2> Non-road Engines
At this point, the system will list all available files in the
chosen category in reverse chronological order with brief descriptions.
To download a file, select a transfer protocol that is supported by the
terminal software on your own computer, then set your own software to
receive the file using that same protocol.
If unfamiliar with handling compressed (i.e. ZIP'ed) files, go to
the TTN top menu, System Utilities (Command: 1) for information and the
necessary program to download in order to unZIP the files of interest
after downloading to your computer. After getting the files you want
onto your computer, you can quit the TTN BBS with the oodbye
command.
Please note that due to differences between the software used to
develop the document and the software into which the document may be
downloaded, changes in format, page length, etc. may occur.
II. Introduction and Background
On July 3, 1995, EPA published emission standards for new nonroad
spark-ignition engines at or below 19 kilowatts (hereinafter referred
to as small SI engines).1 Emission standards for new nonroad
compression-ignition engines at or above 37 kilowatts (hereinafter
referred to as large CI engines) were published on June 17, 1994.2
Under both sets of standards, engine manufacturers must obtain from the
Administrator a certificate of conformity covering each engine family
introduced into U.S. commerce. To obtain a certificate of conformity,
engine manufacturers must submit an application comprised of
information, specified by regulation, demonstrating that emission
standards will be met.
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\1\ 60 FR 34584, July 3, 1995.
\2\ 59 FR 31306, June 17, 1994.
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Today's action lessens the reporting burden associated with
certification and allows EPA to exercise some flexibility in
implementing the certification process for small SI and large CI
engines.
III. Requirements of This Direct Final Rulemaking
EPA is revising language in Secs. 89.115-96, 90.107, and 90.118 to
streamline the reporting requirements associated with applications for
engine certification. EPA believes that these revisions will in no way
impede the ability of the Administrator to determine compliance with
the applicable requirements of this regulation, and that the
information required under today's rulemaking will be sufficient to
establish to the satisfaction of the Administrator that engines conform
to applicable requirements and thus may be issued certificates of
conformity.
A. Test Engine Operating Cycle, Service Accumulation, and Maintenance
EPA is revising paragraph (d)(5) of Sec. 90.107, which requires the
engine manufacturer to submit a description of the operating cycle and
service accumulation period necessary to break-in the test engine(s)
and stabilize emission levels, and any maintenance scheduled. EPA is
deleting the provision that requires the engine manufacturer to submit
a description of the operating cycle used to break-in the test
engine(s) and any maintenance scheduled. Similar information is already
required to be kept for each certification test engine by
Sec. 90.121(a)(3) (i), (ii) and (iii), including a description of the
test engine's construction, the method used for engine service
accumulation, and all maintenance performed. EPA believes it is
sufficient that this information is readily available under
Sec. 90.121(a)(3) if needed, and believes that it is not necessary to
require it to be submitted with an application for certification.
Accordingly, EPA is also revising Sec. 90.118(d) to indicate that the
engine manufacturer must provide records about service accumulation to
the Administrator only if requested. Note, however, that the
Sec. 90.107(d)(5) provision requiring that the engine manufacturer
submit the service accumulation period necessary to break-in the test
engine(s) and stabilize emission levels is retained.
Similarly, EPA is deleting the provision in Sec. 89.115-96(d)(5)
that requires the engine manufacturer to submit a description of the
operating cycle used to break-in the test engine(s), as that
information is already required to be kept for each certification test
engine by Sec. 89.124-96(a)(2) (i), (ii) and (iii). But EPA is
retaining the requirement of Sec. 89.115-96(d)(5) that the engine
manufacturer submit the period of operation necessary to accumulate
service hours on test engines and stabilize emission levels.
B. Maintenance Instructions
EPA is deleting the provision in Sec. 90.107(d)(7) that requires
manufacturers to submit the proposed maintenance instructions furnished
to the ultimate purchaser of each new small engine. As there is no
promulgated useful life period or in-use standard established in this
initial phase of the small SI engine emission reduction program, EPA
does not believe it is appropriate to require manufacturers to submit
this information.
[[Page 20740]]
C. Abbreviated or Streamlined Certification
EPA is adding new subsections (f) to Sec. 89.115-96, and (g) to
Sec. 90.107, that authorize the Administrator to modify the
certification application information submission requirements. EPA
believes that it is appropriate to require manufacturers to collect and
maintain the application information specified in Secs. 89.115-96(d)
and 90.107(d), but that it should not be necessary for manufacturers to
submit this information in all cases unless specifically requested.
Authority to modify information submission requirements will allow EPA
to exercise some flexibility in designing and implementing the
certification process for small SI and large CI engines. When the
Agency exercises its authority to modify the information submission
requirements, it will provide manufacturers with a guidance document,
similar to manufacturer guidance issued under the on-highway program,
that explains the modification(s).
During the comment period on the recent small SI engine proposal,
EPA received comments from the Engine Manufacturers Association (EMA),
Outdoor Power Equipment Institute (OPEI), and the Portable Power
Equipment Manufacturers Association (PPEMA) 3 requesting that EPA
harmonize its certification application requirements with the
California Air Resources Board (CARB) in order to ease the paperwork
burden on small SI engine manufacturers. A single identical application
acceptable to both EPA and CARB was the preferred approach to EMA and
OPEI, while PPEMA favored EPA acceptance of certification by CARB. The
language being added to Sec. 90.107(g)(1) (as well as to Sec. 89.115-
96(f)(1)) will allow EPA to streamline application requirements for
federal jurisdiction and 49 state certification applicants, and, where
EPA finds that it is appropriate, to accept the CARB certification
application. Although EPA anticipates that in most cases it will find
it appropriate to accept the CARB certification application, the Agency
reserves the right to deny such acceptance. For example, significant
variations in test procedures may be sufficient reason for the Agency
not to accept the CARB certification application. In addition, EPA
recognizes that CARB may revise its certification application in the
future; EPA may not find it appropriate to accept such a revised CARB
certification application. In no case does EPA acceptance of a CARB
certification application indicate that EPA necessarily will grant a
certificate of conformity.
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\3\ See EPA Air Docket No. A-93-25, items IV-D-07, IV-D-20, and
IV-D-22A, respectively.
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The new subsections also clarify the recordkeeping requirements of
Sec. 89.124-96 and Sec. 90.121 in regard to certification application
records that a manufacturer is required to have available but is not
required to submit, and the Administrator's right to review such
records. Under new Secs. 89.115-96(f)(2) and 90.107(g)(2),
manufacturers must retain records that comprise the certification
application whether or not EPA requires that all such records be
submitted to EPA at the time of certification. New Secs. 89.115-
96(f)(3) and 90.107(g)(3) clarify the Administrator's right to review
records at any time and at any place designated by the Administrator.
IV. Public Participation and Effective Date
EPA is publishing this action as a direct final rule because it
views the changes contained herein as noncontroversial and anticipates
no adverse or critical comments. This direct final rule alters existing
provisions by reducing the certification reporting burden and allowing
more flexibility in certification reporting requirements. Engine
manufacturers should not take issue since they favor a lessened
reporting burden in the certification program. Environmental groups and
state and local governments should not take issue since the rule will
not affect the emission reductions associated with small SI or large CI
engine emission standards, nor will it affect adversely EPA's
enforcement authority.
This action will be effective on July 8, 1996 unless EPA is
notified by June 7, 1996 that adverse or critical comment will be
submitted. EPA requests that, should any adverse or critical comments
be submitted, they be submitted according to the specific issues as
identified below:
(a) Test Engine Operating Cycle, Service Accumulation, and Maintenance
(b) Maintenance Instructions
(c) Abbreviated or Streamlined Certification
Should EPA receive such notice of intent to submit adverse or critical
comment on a specific issue identified above, EPA will publish an
action withdrawing the provisions of this final action corresponding to
that specific issue, and all adverse comments received will be
addressed in a subsequent final rule based on a proposed rule that is
published in the proposed rule section of today's Federal Register.
IV. Administrative Requirements
A. Administrative Designation
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), EPA
must determine whether a 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 entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof;
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the order.
EPA has 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. Paperwork Reduction Act
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this rule under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and
has assigned OMB control number 2060-0338 to the requirements
associated with the nonroad small SI engine certification information
collection request (ICR), and OMB control number 2060-0287 to the
nonroad large CI engine certification ICR.
This direct final rulemaking lessens the information collection
request requirements associated with the nonroad small SI engine
certification ICR (OMB No. 2060-0338) and the nonroad large CI engine
certification ICR (OMB No. 2060-0287). Although the burden hours
associated with emissions testing and recordkeeping remain the same,
the burden hours associated with certification reporting decrease. For
the small SI engine program, the total annual information collection
request burden will decrease
[[Page 20741]]
an estimated 45 percent (65,760 hours) to a new revised annual total
ICR burden of 78,485 hours. This direct final rule also will reduce the
total annual information collection request burden for the large CI
engine certification program by an estimated 45 percent (63,361 hours),
for a new revised annual total ICR burden of 78,005 hours.
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. Unfunded Mandates Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (signed
into law on March 22, 1995) requires that EPA prepare a budgetary
impact statement before promulgating a rule that includes a federal
mandate that may result in expenditure by state, local, and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any one year. Section 203 of the Unfunded Mandates Reform Act
requires EPA to establish a plan for obtaining input from and
informing, educating, and advising any small governments that may be
significantly or uniquely affected by the rule.
Under section 205 of the Unfunded Mandates Act, EPA must identify
and consider a reasonable number of regulatory alternatives before
promulgating a rule for which a budgetary impact statement must be
prepared. EPA must select from those alternatives the least costly,
most cost-effective, or least burdensome alternative that achieves the
objectives of the rule, unless EPA explains why this alternative is not
selected or the selection of this alternative is inconsistent with law.
Because this direct final rule is expected to result in the
expenditure by state, local, and tribal governments or the private
sector of less than $100 million in any one year, EPA has not prepared
a budgetary impact statement or specifically addressed selection of the
least costly, most cost-effective or least burdensome alternative.
Because small governments will not be significantly or uniquely
affected by this rule, EPA is not required to develop a plan with
regard to small governments.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601) requires EPA to
consider potential impacts of proposed regulations on small business.
If a preliminary analysis indicates that a proposed regulation would
have a significant adverse economic impact on a substantial number of
small business entities, then a regulatory flexibility analysis must be
prepared. An action which has a predominately deregulatory or
beneficial economic effect on small business does not need a regulatory
flexibility analysis.
Since this rule is deregulatory in nature, has no significant
adverse effect on small business, and decreases the reporting burden on
all regulated entities, EPA has determined that it is not necessary to
prepare a regulatory flexibility analysis. However, the Agency has
taken the interests of small business entities into account in this
action. This direct final rule relieves the regulatory burden on small
businesses and minimizes the reporting requirements imposed on
regulated entities, including smaller engine manufacturers, by
authorizing EPA to modify certification application information
submission requirements. The Agency intends to exercise this authority
by reducing these requirements, and where appropriate, to accept the
CARB certification application, thereby additionally reducing the
paperwork burden on small SI engine manufacturers. Thus, EPA certifies
that this rulemaking will not have a significant adverse effect on a
substantial number of small entities.
List of Subjects in 40 CFR Parts 89 and 90
Administrative practice and procedure, Air pollution control,
Confidential business information, Environmental protection, Imports,
Incorporation by reference, Labeling, Nonroad source pollution,
Reporting requirements.
Dated: May 2, 1996.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, parts 89 and 90 of title
40 of the Code of Federal Regulations are amended as follows:
PART 89--CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD ENGINES
1. The authority citation for part 89 continues 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)).
Subpart B--[Amended]
2. Section 89.115-96 is amended by revising paragraph (d)(5),
redesignating the second paragraph (b) which follows paragraph (d)(10)
as paragraph (e), and adding paragraph (f) to read as follows:
Sec. 89.115-96 Application for certificate.
* * * * *
(d) * * *
(5) The period of operation necessary to accumulate service hours
on test engines and stabilize emission levels;
* * * * *
(e) * * *
(f)(1) The Administrator may modify the information submission
requirements of paragraph (d) of this section, provided that all of the
information specified therein is maintained by the engine manufacturer
as required by Sec. 89.124-96, and amended, updated, or corrected as
necessary.
(2) For the purposes of this paragraph, Sec. 89.124-96(a)(1)
includes all information specified in paragraph (d) of this section
whether or not such information is actually submitted to the
Administrator for any particular model year.
(3) The Administrator may review an engine manufacturer's records
at any time. At the Administrator's discretion, this review may take
place either at the manufacturer's facility or at another facility
designated by the Administrator.
PART 90--CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES
3. The authority citation for part 90 continues to read as follows:
Authority: Sections 203, 204, 205, 206, 207, 208, 209, 213, 215,
216, and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7522,
7523, 7524, 7525, 7541, 7542, 7543, 7547, 7549, 7550, and 7601(a)).
[[Page 20742]]
Subpart B--[Amended]
4. Section 90.107 is amended by revising paragraphs (d)(5) and
(d)(7), and adding paragraph (g) to read as follows:
Sec. 90.107 Application for certification.
* * * * *
(d) * * *
(5) The service accumulation period necessary to break in the test
engine(s) and stabilize emission levels.
* * * * *
(7) The proposed engine information label;
* * * * *
(g)(1) The Administrator may modify the information submission
requirements of paragraph (d) of this section, provided that all of the
information specified therein is maintained by the engine manufacturer
as required by Sec. 90.121, and amended, updated, or corrected as
necessary.
(2) For the purposes of this paragraph, Sec. 90.121(a)(1) includes
all information specified in paragraph (d) of this section whether or
not such information is actually submitted to the Administrator for any
particular model year.
(3) The Administrator may review an engine manufacturer's records
at any time. At the Administrator's discretion, this review may take
place either at the manufacturer's facility or at another facility
designated by the Administrator.
5. Section 90.118 is amended by revising paragraph (d) to read as
follows:
Sec. 90.118 Certification procedure--service accumulation.
* * * * *
(d) The manufacturer must maintain, and provide to the
Administrator if requested, records stating the rationale for selecting
a service accumulation period less than 12 hours and records describing
the method used to accumulate hours on the test engine(s).
[FR Doc. 96-11477 Filed 5-7-96; 8:45 am]
BILLING CODE 6560-50-P