[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Notices]
[Pages 69093-69095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33260]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5673-1]


California State Nonroad Engine and Vehicle Pollution Control 
Standards; Authorization of State Standards; Notice of Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice regarding authorization of state standards.

-----------------------------------------------------------------------

SUMMARY: EPA is authorizing California to enforce regulations for 
exhaust emission standards and test procedures for nonroad recreational 
vehicles and engines including: off-road motorcycles, all-terrain 
vehicles (ATVs), golf carts, go-karts 25 horsepower and above, and 
specialty vehicles less than 25 horsepower; pursuant to section 209(e) 
of the Clean Air Act.

ADDRESSES: The Agency's decision document containing an explanation of 
the Administrator's decision, as well as all documents relied upon in 
reaching that decision, including those submitted by the California Air 
Resources Board (CARB), are available for public inspection in the Air 
and Radiation Docket and Information Center in Docket A-95-17 during 
the working hours of 8:00 a.m. to 5:30 p.m., at the Environmental 
Protection Agency, Air Docket (6102), Room M-1500, Waterside Mall, 401 
M Street, S.W., Washington, D.C. 20460. Copies of the decision can be 
obtained from EPA's Vehicle Program and Compliance Division by 
contacting David Dickinson, as noted below.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Attorney/Advisor, 
Vehicle Program and Compliance Division (6405J), U.S. Environmental 
Protection Agency, 401 M Street, S.W., Washington, D.C. 20460. 
Telephone: (202)233-9256. Electronic mail: 
[email protected].

SUPPLEMENTARY INFORMATION: I have decided to authorize California to 
enforce regulations for standards and test procedures for nonroad 
engines and vehicles pursuant to section 209(e) of the Clean Air Act, 
as amended (Act), 42 U.S.C. 7543. These regulations establish exhaust 
emission standards and test procedures for off-road motorcycles and

[[Page 69094]]

ATVs produced on or after January 1, 1997, establish a zero-emission 
standard for golf carts produced on or after January 1, 1997, establish 
exhaust emission standards and test procedures for go-karts 25 
horsepower and above produced on or after January 1,1997, and 
established that specialty vehicles less than 25 horsepower and under, 
produced on or after January 1, 1995 (please see the discussion below 
for when enforcement of standards for such vehicles may take place), 
comply with the current exhaust emission standards applicable to 
utility equipment engines in California and further comply with a 
second tier of standards commencing January 1, 1999. A comprehensive 
description of these California regulations can be found in the 
decision document for this authorization and in materials submitted by 
CARB.
    On the basis of the record before me, I cannot make the findings 
required to deny authorization under section 209(e)(2) of the Act. 
Therefore, I am authorizing California to enforce these regulations.
    On June 21, 1995, EPA published a notice of opportunity for a 
public hearing and a request for written comments concerning an 
authorization request received from the California Air Resources Board 
(CARB). 1 EPA received no request for a hearing and therefore no 
hearing was held. EPA received written comments from the New York State 
Department of Environmental Conservation, Toro Company, Ransomes 
Cushman Ryan, and CARB. Consequently, this determination is based on 
the written submissions from CARB, the written comments submitted in 
response to the above-mentioned notice, and all other relevant 
information.2
---------------------------------------------------------------------------

    \1\ 60 FR 32314 (June 21, 1995).
    \2\ This information is contained in Docket A-95-17.
---------------------------------------------------------------------------

    Section 209(e) of the Act as amended, 42 U.S.C. 7543(e), addresses 
state regulation of nonroad engines and vehicles. EPA issued on July 
20, 1994 a final regulation to implement section 209(e).3 Section 
209(e)(1) preempts states from regulating 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 new locomotives 
or new engines used in locomotives. The section 209(e) regulation sets 
forth definitions for these preempted categories of engines.
---------------------------------------------------------------------------

    \3\ See 59 FR 36969 (July 20, 1994) codified at 40 C.F.R. Part 
85, Subpart Q, Secs. 85.160-85.1606.
---------------------------------------------------------------------------

    For those pieces of equipment or vehicles other than those a State 
is permanently preempted from regulating under section 209(e)(1), the 
State of California may promulgate standards regulating such equipment 
or vehicles provided California complies with section 209(e)(2). The 
section 209(e) rule provides that if certain criteria are met, the 
Administrator shall authorize California to adopt and enforce standards 
and other requirements relating to the control of emissions from such 
vehicles or equipment. The criteria include consideration of whether 
California arbitrarily and capriciously determined that its standards 
are, in the aggregate, at least as protective of public health and 
welfare as applicable Federal standards; whether California needs state 
standards to meet compelling and extraordinary conditions; and whether 
California's standards and accompanying enforcement procedures are 
consistent with section 209.
    California determined that its standards and test procedures would 
not cause California emission standards, in the aggregate, to be less 
protective of public health and welfare as the applicable Federal 
standards. Information presented to me by parties opposing California's 
authorization request did not demonstrate that California arbitrarily 
or capriciously reached this protectiveness determination. Therefore, I 
cannot find California's determination to be arbitrary or capricious.
    CARB has continually demonstrated the existence of compelling and 
extraordinary conditions justifying the need for its own motor vehicle 
pollution control program. In addition, CARB provided information 
regarding actions taken by the California Legislature in an effort to 
address the current air quality conditions in California, directing 
CARB to consider adopting regulations for off-road engines. No 
information has been submitted to demonstrate that California no longer 
has a compelling and extraordinary need for its own program. Based on 
previous showings in the context of nonroad authorizations and CARB's 
submissions to the record regarding the status of air quality in the 
state, I agree that compelling and extraordinary conditions warrant the 
need for California's own emissions program. Thus, I cannot deny the 
waiver on the basis of the lack of compelling and extraordinary 
conditions.
    CARB has submitted information that the requirements of its 
emission standards and test procedures do not violate the permanent 
preemption provisions of section 209(e)(1), do not violate the motor 
vehicle preemption provisions of section 209(a), and are 
technologically feasible and present no inconsistency with Federal 
requirements and are, therefore, consistent with section 209 of the 
Act.
    No information has been submitted to demonstrate that California 
did not satisfy its burden of demonstrating that its emission standards 
and test procedures do not violate section 209(e)(1). No information 
has been submitted to demonstrate that California's emission standards 
and test procedures violate section 209(a). Information submitted to me 
by parties opposing California's authorization request did not satisfy 
the burden of persuading EPA that the standards are not technologically 
feasible within the available lead time, considering costs. In 
addition, no information has been submitted to demonstrate that 
California's certification test procedures are inconsistent with 
Federal certification test procedures. Accordingly, I cannot make the 
determinations required for a denial of this authorization request 
under section 209(e) of the Act, and therefore, I authorize the State 
of California to enforce these regulations.
    As explained in the decision document noted above and by the 
section 209(e) regulation, California can not enforce its standards and 
test procedures for recreational vehicles until it receives 
authorization from EPA. Therefore, California is now authorized to 
enforce its standards and test procedures for specialty vehicles below 
25 horsepower and to enforce its standards and test procedures for 
other recreational vehicles according to the enforcement dates set 
forth within the recreational vehicle regulation.
    My decision will affect not only persons in California but also the 
manufacturers outside the State who must comply with California's 
requirements in order to produce nonroad vehicle engines for sale in 
California. For this reason, I hereby determine and find that this is a 
final action of national applicability.
    Under section 307(b)(1) of the Act, judicial review of this final 
action may be sought only in the United States Court of Appeals for the 
District of Columbia Circuit. Petitions for review must be filed by 
March 3, 1997. Under section 307(b)(2) of the Act, judicial review of 
this final action may not be obtained in subsequent enforcement 
proceedings.
    As with past waiver decisions, this action is not a rule as defined 
by Executive Order 12866. Therefore, it is exempt from review by the 
Office of Management and Budget as required for rules and regulations 
by Executive Order 12866.

[[Page 69095]]

    In addition, this action is not a rule as defined in the Regulatory 
Flexibility Act, 5 U.S.C. 6601(2). Therefore, EPA has not prepared a 
supporting regulatory flexibility analysis addressing the impact of 
this action on small business entities.
    Finally, the Administrator has delegated the authority to make 
determinations regarding authorizations under section 209(e) of the Act 
to the Assistant Administrator for Air and Radiation.

    Dated: December 23, 1996.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 96-33260 Filed 12-30-96; 8:45 am]
BILLING CODE 6560-50-P