[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Proposed Rules]
[Pages 67818-67819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33768]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 85 and 89

[AMS--FRL-5939-6 ]


Control of Air Pollution: Emission Standards for New Nonroad 
Compression-Ignition Engines at or Above 37 Kilowatts; Preemption of 
State Regulation for Nonroad Engine and Vehicle Standards; Amendments 
to Rules

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed rulemaking.

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SUMMARY: Today's action, consistent with an order and opinion from the 
U.S. Court of Appeals for the District of Columbia Circuit, proposes 
amendments to EPA's regulations setting emission standards for large 
(at or above 37 kilowatts) nonroad compression ignition engines and to 
EPA's regulations defining the scope of preemption of state and local 
nonroad emission standards and establishing procedures for EPA 
authorization of California nonroad emission standards. Specifically, 
EPA proposes to withdraw portions of an interpretive rule which set 
forth the Agency's position on the Clean Air Act regarding the status 
of certain internal combustion engines manufactured before the 
effective date of the final rulemaking promulgating EPA's definition of 
nonroad engine. Additionally, consistent with the DC Circuit opinion, 
EPA also is amending the remaining text of this interpretive rule, as 
well as EPA's regulations issued under section 209(e) of the Act 
regarding the Agency's California nonroad standards authorization 
process, to clarify that California must seek authorization from EPA 
prior to enforcing standards and other requirements relating to 
emissions from any nonroad vehicles or engines, and not just new 
nonroad vehicles and engines, which was the original language used in 
these regulations.
    In the final rule section of today's Federal Register, EPA is 
issuing these amendments as a direct final rule without prior proposal, 
because EPA views the action as noncontroversial and anticipates no 
adverse comments. A detailed rationale for the amendments and for the 
decision to issue them as a direct final rule is set forth in the 
Preamble to the direct final rules. If no adverse comments are received 
in response to the direct final rule, no further activity is 
contemplated in relation to this proposed rule. If EPA receives adverse 
comments, the direct final rule will be withdrawn, and all public 
comments received will be addressed in a subsequent final rule based on 
this proposed rule. Additionally, EPA will hold a public hearing on 
this proposed rule if one is requested.

DATES: Any party who wishes to submit comments must do so by March 2, 
1998 unless a hearing is requested. Any party can request EPA to hold a 
public hearing on this action, but such request must be received by 
January 29, 1998. If a hearing is requested, it will take place on 
March 2, 1998, and interested parties will have an additional 30 days 
after the hearing (until March 30, 1998) to submit comments on any 
information presented at the hearing. Because no hearing will occur 
absent a request for one, interested parties should contact Robert M. 
Doyle at the number listed below after January 29, 1998 to determine 
whether a hearing will take place.

ADDRESSES: Written comments should be submitted (in duplicate if 
possible) to: Air Docket Section (6102), Attention: Docket No. A-91-24, 
U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460, or hand-delivered to the Air Docket at the above address, in 
Room M-1500, Waterside Mall. A copy of written comments should also be 
submitted to Robert M. Doyle at the address below.

FOR FURTHER INFORMATION CONTACT: Robert M. Doyle, Attorney/Advisor, 
Engine Programs and Compliance Division (6403J), U.S. Environmental 
Protection Agency, 401 M. Street, SW, Washington, DC 20560, (202) 564-
9258, FAX (202) 233-9596, E-Mail, [email protected].

SUPPLEMENTARY INFORMATION: For additional information, please see the 
direct final rule published in the rules section of today's Federal 
Register.

List of Subjects

40 CFR Part 85

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Federal preemption, Motor vehicle pollution, 
Nonroad engine and vehicle pollution, Reporting and recordkeeping 
requirements, State controls.

40 CFR Part 89

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Incorporation by reference, Labeling, Nonroad source pollution, 
Reporting and recordkeeping requirements.


[[Page 67819]]


    Dated: December 17, 1997.
Carol M. Browner,
Administrator .
[FR Doc. 97-33768 Filed 12-29-97; 8:45 am]
BILLING CODE 6560-50-P