[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Notices]
[Pages 76790-76796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30106]



[[Page 76789]]

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Part IV





Environmental Protection Agency





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Control of Emissions From New Nonroad Spark-Ignition Engines Rated 
Above 19 Kilowatts and New Land-Based Recreational Spark-Ignition 
Engines; Notice



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40 CFR Parts 86, et al.



Control of Emissions From Nonroad Large Spark Ignition Engines, 
Recreational Engines (Marine and Land-Based), and Highway Motorcycles; 
Proposed Rules

  Federal Register / Vol. 65 , No. 236 / Thursday, December 7, 2000 / 
Notices  

[[Page 76790]]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6907-5]
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: Final finding.

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SUMMARY: We find that land-based nonroad spark-ignition (SI) engines 
rated above 19 kilowatts (kW), 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 (CO) 
nonattainment area. We also find that particulate matter (PM) emissions 
from these engines cause or contribute to air pollution that may 
reasonably be anticipated to endanger public health or welfare. This 
finding does not address marine propulsion engines.

DATES: This finding becomes effective February 5, 2001.

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, SW., Washington, DC 
20460. Anyone may inspect the docket from 8:00 a.m. until 5:30 p.m., 
Monday through Friday. You can reach the Air Docket by telephone at 
(202) 260-7548, and by facsimile at (202) 260-4400. We may charge a 
reasonable fee for copying docket materials, as provided in 40 CFR part 
2.

FOR FURTHER INFORMATION CONTACT: John Mueller, U.S. EPA, National 
Vehicle and Fuels Emission Laboratory, 2000 Traverwood, Ann Arbor, MI 
48105; Telephone (734) 214-4275; FAX: (734) 214-4050; E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Electronic Copies of Documents

    This notice is also available electronically from the EPA Internet 
Web site. This service is free of charge, except for any cost already 
incurred for Internet connectivity. The electronic version of this 
notice is made available on the day of publication on the primary Web 
site listed below. We also publish Federal Register notices and related 
documents on the secondary Web site listed below.

1. Http://www.epa.gov/docs/fedrgstr/EPA-AIR/ (either select desired 
date or use search feature)
2. Http://www.epa.gov/otaq/ (look in What's New or under the specific 
rulemaking topic)

    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.

Introduction

    We have 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. We have established standards for SI engines rated at 
or below 19 kW. These emission standards target lawn and garden engines 
and generally do not apply to engines used in recreational vehicles 
such as off-road motorcycles, ``all terrain'' vehicles (ATVs) and 
snowmobiles.
    In contrast, nonroad spark-ignition engines (used in 
nonrecreational applications such as forklifts and airport ground 
service equipment) rated above 19 kW (25 hp) and all spark-ignition 
engines used in land-based recreational applications (off-road 
motorcycles, ``all terrain'' vehicles (ATVs) and snowmobiles) are not 
currently subject to federal emission standards.\1\ With this finding, 
we are beginning the process leading to proposal of emission standards 
for these engines by finding that emissions of HC, NOX, and 
CO from these engines and vehicles, as a group, cause or contribute to 
ozone or CO concentrations in more than one ozone or CO nonattainment 
area, and emissions of PM from these engines and vehicles cause or 
contribute to air pollution that we have previously determined may 
reasonably be anticipated to endanger public health or welfare. These 
findings are appropriate whether we include all large nonroad SI in one 
category or whether we examine emissions from nonrecreational nonroad 
spark-ignition engines above 19 kW and emissions from recreational 
vehicles separately.
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    \1\ For the purposes of this document, all references to spark-
ignition engines rated above 19 kW include marine auxiliary engines, 
but exclude marine propulsion engines. Most engines used in 
recreational applications were explicitly excluded from the rule 
promulgating emission standards for engines rated at or below 19 kW.
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I. Statutory Authority

    Section 213(a)(1) of the Clean Air Act, 42 U.S.C. 7547(a), requires 
that we 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 us to determine, 
through notice and comment, whether the emissions of 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 us to establish emission standards for classes or categories 
of new nonroad engines and vehicles that cause or contribute to such 
air pollution. Thus, the finding is really a two step process. The 
first step, as required under section 213(a)(2), requires us to 
determine whether the emissions from all nonroad mobile sources 
contribute significantly to ozone or CO nonattainment. The second step, 
and the one with which this notice is concerned, requires us, under 
section 213(a)(3), to look at specific classes or categories of new 
nonroad vehicles and engines in order to identify those classes or 
categories that contribute to such air pollution. Moreover, if we 
determine that emissions from all new nonroad engines contribute 
significantly to any other type of air pollution, we may promulgate 
emission standards under section 213(a)(4) regulating emissions from 
classes or categories of new nonroad engines that we find contribute to 
such air pollution. This process, which in this final finding concerns 
PM emissions, is a separate process from that contained in sections 
213(a)(2) and (3) regarding ozone and CO nonattainment.
    As directed by the Clean Air Act, we conducted a study of emissions 
from nonroad engines, vehicles, and equipment in 1991.\2\ Based on the 
results of that study, referred to as the Nonroad Engine and Vehicle 
Emission Study (NEVES), we 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,

[[Page 76791]]

June 17, 1994).\3\ Given this determination, section 213(a)(3) of the 
Act requires us to promulgate emissions standards for those classes or 
categories of new nonroad engines, vehicles, and equipment that in our 
judgment cause or contribute to such air pollution. We are finding in 
this document that nonroad SI engines rated above 19 kW and all land-
based recreational nonroad SI vehicles ``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 we determine that other emissions from new 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 us to establish (and from time to time 
revise) emission standards from those classes or categories of new 
nonroad engines, vehicles, and equipment that we determine 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. We have made this determination for 
emissions of particulate matter (PM) and smoke from nonroad engines 
(see 59 FR 31306, June 17, 1994). In that rulemaking, we 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 as well as smoke's effect on visibility and soiling 
of urban buildings and other property. Particulate matter can be 
inhaled into the lower lung cavity, posing a potential health threat. 
We cited recent studies associating PM with increased mortality.\4\ We 
also promulgated standards for emissions of PM and smoke from land-
based nonroad diesel engines in that rulemaking. With this document, we 
are finding 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.
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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. Background

    We previously published a Notice of Proposed Finding regarding 
emissions from nonroad spark-ignition (SI) engines (Large SI engines) 
rated above 19 kilowatts, as well as all land-based recreational 
nonroad spark-ignition engines.\5\ In that notice we proposed to find 
that emissions from these engines cause or contribute to air quality 
nonattainment in more than one ozone or carbon monoxide nonattainment 
area. We also proposed to find that PM emissions from those engines 
cause or contribute to air pollution that may reasonably be anticipated 
to endanger public health or welfare. In today's notice we are 
finalizing those proposed findings.
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    \5\ 64 FR 6008, February 8, 1999.
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    As was previously discussed, the term ``nonroad'' encompasses a 
broad range of engines and equipment. In implementing the requirements 
of section 213(a) for nonroad engines and equipment we divided the 
nonroad realm into several major categories. These categories include 
land-based compression ignition (CI) engines (e.g., farm and 
construction equipment), small land-based spark-ignition (SI) engines 
(e.g., lawn and garden equipment, string trimmers), marine engines 
(including CI and SI, propulsion and auxiliary, commercial and 
recreational), locomotives, and large land-based SI engines, including 
engines used in nonrecreational equipment (e.g., forklifts, airport 
ground service equipment) and engines used in recreational vehicles 
(off-road motorcycles, ``all terrain'' vehicles (ATVs) and 
snowmobiles).
    The Clean Air Act itself does not provide a definition or specific 
guidance on how to define specific ``classes or categories of new 
nonroad engines, vehicles, and equipment'' for purposes of determining 
whether such classes or categories cause or contribute to pollution in 
nonattainment areas. Thus, as we divided the nonroad realm into 
separate categories for the purposes of regulation we had discretion to 
define the classes or categories as we believed appropriate, in a 
manner that reasonably furthers the purposes of section 213(a). The 
legislative history of the Act, however, provides some instruction that 
we should not subdivide categories into small subcategories. 
Information from the Senate Report indicates that Congress did not want 
us to subdivide source categories into such small divisions that no 
subcategory by itself would contribute significantly, despite the fact 
that nonroad engines as a whole contribute significantly to 
pollution.\6\ The final version of the Act, in fact, does not require a 
finding of ``significant contribution,'' but merely ``contribution,'' 
for individual categories of nonroad engines. In general, we chose to 
group engines and equipment together based on common characteristics 
such as combustion cycle, fuel, usage patterns, power rating, and 
equipment type. By dividing nonroad engines and equipment into separate 
categories based on these characteristics we are able to devise the 
most appropriate regulatory programs for each category which take into 
account the specific characteristics of the engines and equipment, as 
well as the unique traits and needs of the affected vehicle and 
equipment manufacturing industries and the end users of the vehicles 
and equipment. In addition, it avoids the danger recognized in the 
legislative history of dividing nonroad engines into so many small 
categories that none would contribute meaningfully to air pollution.
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    \6\ Senate Report 101-228, pp. 104-105.
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    The approach to categorizing nonroad engines and equipment just 
discussed has worked well from the perspective of regulatory program 
development. As can be seen from Tables 1 and 2, nonroad emissions 
inventories as a whole are significant. Currently, nonroad inventories 
of HC, CO and NOX are from one-third to one-half of the 
total mobile source inventories. Nonroad inventories of PM are roughly 
two-thirds of the total mobile source PM inventory. In addition, each 
of the classes and categories of nonroad engines has been shown to 
contribute to ozone and CO pollution in more than one nonattainment 
area.
    Manufacturers and users of snowmobiles provided comments in this 
rulemaking indicating that snowmobiles should not be regulated for 
ozone precursors because snowmobiles are used during cold weather, when 
ozone is less of a health concern. Snowmobiles are not a separate 
category of nonroad engines, but are part of a broader category that 
clearly contributes to ozone concentrations in more than one 
nonattainment area. Moreover, even reviewing snowmobile emissions by 
themselves, they emit substantial amounts of HC in several 
nonattainment areas, which would increase ozone levels in those areas. 
However, we recognize that contribution to ozone concentrations is less 
important if it occurs during portions of the year when exceedances of 
the ozone NAAQS are unlikely to occur. We will bear this issue in mind 
as we move forward with a proposed and final rule to address the larger 
category of large non-road SI engines.
    In the Advance Notice of Proposed Rulemaking (ANPRM), published 
elsewhere in this issue of the Federal Register, which accompanies this 
Final Finding, we specifically request

[[Page 76792]]

comment on whether we should distinguish snowmobiles from other 
recreational vehicles in regulating ozone precursors. Based in part on 
the comments we receive on the ANPRM, we intend to evaluate further the 
extent to which emissions of ozone precursors (e.g., HCs) from 
snowmobiles contribute to ozone non-attainment. However, CAA section 
213 allows us to regulate emissions from nonroad engines that cause or 
contribute to other air pollution in addition to ozone. As discussed in 
the ANPRM, these engines emit high levels of HCs, which contain 
hazardous air pollutants and can increase indirect PM emissions. 
Unburned HCs are also emitted as direct particulate matter. We have 
requested comment in the ANPRM on personal exposure issues as well as 
nonattainment and plan to consider this further as we develop our 
proposed rule.

III. Emission Modeling

A. National Inventories

    For this finding we used the latest version of our NONROAD 
emissions model, which computes nationwide, state and county 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's rated power is, on average, 
utilized, 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). EPA memoranda 
describe the detailed inputs and methodology for this modeling.\7\
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    \7\ ``Emission Modeling for Recreational Vehicles,'' EPA 
memorandum from Linc Wehrly to docket A-98-01, November 14, 2000, 
and ``Updated Emission Modeling for Large SI Engines,'' EPA 
memorandum from Alan Stout to docket A-98-01, November 10, 2000.
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    We made changes from the proposed finding in the national 
inventories for nonrecreational Large SI engines and all engines used 
in land-based recreational vehicles. For the Large SI engines we 
revised our HC and CO emission factors (per-engine emission rates) to 
include an adjustment for transient operation which is common in the 
equipment using these engines. This has resulted in an increase in our 
projected inventories for these engines. The load factors, annual usage 
rates and vehicle populations for recreational vehicles were revised in 
response to new information provided to us in the public comments, as 
well as additional information we gathered. We also updated our 
emission factors for 4-stroke off-road motorcycles based on available 
emission testing data. These recreational vehicle changes, and the 
reasons for them, are documented in an EPA memorandum in the docket for 
this finding.\8\ These modeling input changes have resulted in lower 
inventory estimates for snowmobiles and higher inventory estimates for 
off-road motorcycles and ATVs than those in our proposed finding. In 
another change to the land-based recreational vehicle modeling, for the 
purposes of emissions modeling for this finding we have limited the 
category to just off-road motorcycles, ATVs and snowmobiles, 
eliminating such sources as mopeds and go-carts, as well as golf carts 
and other specialty vehicles. This is because the vehicles we 
eliminated from the recreational category are already either currently 
covered under existing regulations or would be more appropriately 
categorized as nonrecreational large SI engines. For example, engines 
typically used in go-carts and golf carts are currently regulated under 
our provisions for small land-based SI engines. Mopeds are on-highway 
vehicles and, while not generally regulated under our on-highway 
provisions due to their small engine size, are typically licensed for 
operation on roads and not used in the same manner as off-road 
motorcycles. Therefore, mopeds are not properly considered nonroad 
emission sources. Finally, ``specialty vehicles,'' which includes such 
sources as ice resurfacing machines and industrial carts, are more 
appropriately considered a subset of nonrecreational large SI engines 
and have been placed there for purposes of emissions inventory 
estimation. Removing these vehicles from the recreational group also 
resulted in a reduction in the recreational vehicle inventories 
compared to those in the proposed finding. Despite these changes to the 
emissions inventories, the inventory data support our finding that 
these vehicles and engines contribute to air pollution.
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    \8\ ``Emission Modeling for Recreational Vehicles,'' EPA 
memorandum from Linc Wehrly to docket A-98-01, November 14, 2000.
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    Emission inventory estimates for the years 2000 and 2007 are 
summarized in Tables 1 and 2.\9\ These tables show relative 
contributions of the different mobile source categories to the overall 
emissions mobile source inventory. Of the total emissions from mobile 
sources, nonroad SI engines rated above 19 kW contribute 2 percent, 2 
percent, 3 percent, and 0.2 percent of HC, NOX, CO, and PM 
emissions in the year 2000. The results for land-based recreational 
engines reflect the impact of the significantly different emissions 
characteristics of two-stroke engines. These engines are estimated to 
contribute 8 percent of mobile source HC emissions, 5 percent of CO 
emissions, and 0.2 percent of NOX emissions. PM emissions 
from land-based recreational engines amount to 0.8 percent of total 
mobile source emissions. Since highway engines account for a large 
fraction of mobile source emissions, as shown in Tables 1 and 2, the 
contribution of these engines as a percentage of total nonroad 
emissions will be significantly higher than that from total mobile 
sources emissions.
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    \9\ Further information is provided in ``Emission Modeling for 
Recreational Vehicles,'' EPA memorandum from Linc Wehrly to docket 
A-98-01, November 14, 2000.
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    These emission figures are projected to change somewhat by 2007. 
Population growth and the effects of other regulatory control programs 
are factored into these later emissions estimates. Table 2 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. Further information regarding these emissions estimates, 
including modeling assumptions, can be found in the docket memo 
referenced in footnote 9.

[[Page 76793]]



                                      Table 1.--Modeled Annual Emission Levels for Mobile Source Categories in 2000
                                                                  [Thousand short tons]
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                                                                             NOX                   HC                   CO                   PM
                                                                   -------------------------------------------------------------------------------------
                             Category                                           Percent              Percent              Percent               Percent
                                                                       Tons    of mobile    Tons    of mobile    Tons    of mobile     Tons    of mobile
                                                                                 source               source               source                source
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Total for sources in finding......................................      327         2          712         10     6,525        8          7.2        1.0
Nonrecreational nonroad SI > 19 kW \a\............................      306         2          125          2     2,294        3          1.6        0.2
Recreational SI \a\...............................................       21.3       0.16       587          8     4,231        5          5.6        0.8
Nonroad SI  19 kW.................................................      106         0.8      1,460         20    18,359       23         50          7
Marine SI.........................................................       32         0.2        928         12     2,144        3         38          5
Nonroad CI........................................................    2,625        20          316          4     1,217        2        253         36
Marine CI.........................................................    1,001         7           31          0       133        0.2       42          6
Locomotive........................................................    1,192         9           47          1       119        0.2       30          4
Aircraft..........................................................      178         1          183          2     1,017        1         39          6
Total Nonroad.....................................................    5,461        41        3,677         49    29,514       37        459         66
Total Highway.....................................................    7,988        59        3,772         51    49,701       63        240         34
Total Mobile Sources..............................................   13,449       100        7,449        100    79,215      100        699        100
Total Man-Made Sources............................................   24,553    .........    18,395  .........   101,294  .........    3,095    .........
Mobile Source percent of Total Man-Made Sources...................       55    .........        40  .........        78  .........       23    .........
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\a\ Sources covered by finding.


                                      Table 2.--Modeled Annual Emission Levels for Mobile Source Categories in 2007
                                                                  [Thousand short tons]
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                                                                             NOX                   HC                   CO                   PM
                                                                   -------------------------------------------------------------------------------------
                             Category                                           Percent              Percent              Percent               Percent
                                                                       Tons    of mobile    Tons    of mobile    Tons    of mobile     Tons    of mobile
                                                                                 source               source               source                source
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Total for sources in finding......................................      391         4          757         14     6,962        9          7.8        1.3
Nonrecreational nonroad SI > 19 kW \a\............................      369         4          141          3     2,517        3          1.9        0.3
Recreational SI \a\...............................................       22.4       0.22       616         12     4,445        6          5.9        0.9
Nonroad SI  19 kW.................................................       96         0.9        933         18    21,406       28         58          9
Marine SI.........................................................       42         0.4        733         14     2,056        3         33          5
Nonroad CI........................................................    2,253        22          214          4     1,128        1        226         36
Marine CI.........................................................    1,018        10           33          1       142        0.2       44          7
Locomotive........................................................      773         8           43          1       119        0.2       27          4
Aircraft..........................................................      200         2          205          4     1,200        2         41          7
Total Nonroad.....................................................    4,773        46        2,918         56    33,013       43        437         70
Total Highway.....................................................    5,529        54        2,317         44    44,276       57        186         30
Total Mobile Sources..............................................   10,302       100        5,235        100    77,289      100        623        100
Total Man-Made Sources............................................   20,290    .........    15,359  .........   100,805  .........    2,971    .........
Mobile Source percent of Total Man-Made Sources...................       51    .........        34  .........        77  .........       21    .........
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\a\ Sources covered by finding.

B. Nonattainment Areas

    We used our NONROAD model to show that nonrecreational nonroad 
spark-ignition engines over 19 kW and recreational SI engines 
contribute to air pollution in nonattainment areas. There are currently 
31 ozone nonattainment areas, 17 CO nonattainment areas, and 76 PM 
nonattainment areas. Table 3 lists eight areas for which we present 
emission modeling estimates for the year 2000. While we believe these 
sources contribute to air pollution in all nonattainment areas, we 
chose these eight areas to explore how land-based Large SI and 
recreational vehicles and engines contribute to pollution in a cross 
section of nonattainment areas. (1) Phoenix, Arizona is a nonattainment 
area for both ozone (serious) and CO (serious). The nonattainment area 
consists only of Maricopa County. (2) El Paso, Texas is a nonattainment 
area for both ozone (serious) and CO (moderate). The nonattainment area 
consists only of El Paso County. (3) All eight counties in Connecticut 
constitute a single nonattainment area for ozone (serious). The 
modeling estimates show statewide emission levels in Connecticut. (4) 
In New Jersey, 18 of 21 counties are part of the nonattainment areas 
for New York City (severe for ozone, moderate for CO) or Philadelphia 
(severe for ozone). The modeling estimates show statewide emission 
levels in New Jersey. (5) Fairbanks, Alaska is a nonattainment area for 
CO (serious). (6) Spokane, Washington is a nonattainment area for CO 
(serious). (7) The Denver, Colorado area is a nonattainment area for CO 
(serious). (8) The six county Milwaukee, Wisconsin area is a 
nonattainment area for ozone (severe).

[[Page 76794]]



  Table 3.--Emission Levels of Nonroad Nonrecreational SI Engines >19kW
and Recreational SI Engines in Selected Nonattainment Areas (Short Tons)
                                 in 2000
------------------------------------------------------------------------
    Area and application          CO        NOX         HC         PM
------------------------------------------------------------------------
Maricopa County, Arizona:
     Large SI...............     25,244      2,637      1,267         14
    Recreational............     13,304         72      1,426          3
                             -------------------------------------------
          Total.............     38,548      2,708      2,693         17
El Paso County, Texas:
     Large SI...............      4,229        664        240          3
    Recreational............      4,309         23        418          1
                             -------------------------------------------
          Total.............      8,538        688        659          4
Connecticut:
     Large SI...............     31,465      4,483      1,726         23
    Recreational............     24,031        129      2,394          5
                             -------------------------------------------
          Total.............     55,496      4,612      4,120         27
New Jersey:
    Large SI................     65,601      8,964      3,563         46
    Recreational............     56,251        304      5,886         11
                             -------------------------------------------
          Total.............    121,852      9,267      9,450         57
Fairbanks, AK:
    Large SI................        116         12          6          0
    Recreational............      2,511         13        329          3
                             -------------------------------------------
          Total.............      2,626         25        335          3
Spokane County, WA:
    Large SI................      2,736        357        148          2
    Recreational............      5,012         25        706          6
                             -------------------------------------------
          Total.............      7,749        382        854          8
Denver County, CO:
    Large SI................      4,988        649        267          3
    Recreational............      1,060          5        168          2
                             -------------------------------------------
          Total.............      6,047        654        435          5
Milwaukee, WI:
    Large SI................     21,816      3,295      1,218         16
    Recreational............     12,802         53      3,168         55
                             -------------------------------------------
          Total.............     34,618      3,348      4,386         71
------------------------------------------------------------------------

    Additionally, the California Air Resources Board has published 
emission modeling estimates for nonroad spark-ignition engines. They 
specifically project that nonroad spark-ignition engines over 19 kW (25 
hp) preempted from state regulation will contribute four tons of HC + 
NOX emissions per day in the South Coast Air Basin in 2010 
(relative to two tons per day with federal emission regulations 
anticipated by California).\10\ This includes farm and construction 
equipment such as chippers, balers, industrial saws, and welders. 
California's State Implementation Plan for the South Coast, Sacramento, 
Ventura, and Southeast Desert areas assumes federal regulation of these 
engines as part of their strategy to attain the ozone air quality 
standards. This four tons HC + NOX per day projection is 
relative to California's projection of 14 tons HC + NOX per 
day for non-preempted equipment in the South Coast Air Basin in 2010.
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    \10\ California Air Resources Board, Staff report for Large SI 
proposed rulemaking, Table 12, p. 42, September 3, 1998.
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IV. Conclusion

    Based on the national and local inventory numbers described in this 
document, and the information contained in the docket for this finding, 
we find 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 we have previously determined may reasonably be 
anticipated to endanger public health or welfare. This finding is 
appropriate whether we include all large nonroad SI engines in one 
category or whether we look at engines used in nonrecreational 
applications separately from engines used in recreational vehicles.

V. Public Participation

    Several parties commented on our February 8, 1999 Notice of 
Proposed Finding. We fully considered these comments in developing 
today's final finding. A full analysis of the comments and our response 
to them is contained in the docket for this finding.\11\ The majority 
of the comments received concerned the inputs used for modeling the 
emissions from engines used in land-based recreational vehicles. The 
revised modeling inputs that we used were based on the comments we 
received and additional information we

[[Page 76795]]

gathered. We also received several comments concerning the 
appropriateness of our conclusions in our proposed finding. These 
comments are also addressed in the response to comments document 
contained in the docket for this finding.
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    \11\ ``Summary and Analysis of Comments for Notice of Proposed 
Finding: Control of Emissions from New Nonroad Spark-Ignition 
Engines Rated above 19 Kilowatts and New Land-Based Recreational 
Spark-Ignition Engines,'' EPA memorandum from John Mueller to docket 
A-98-01, November 17, 2000.
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VI. Administrative Requirements

A. Administrative Designation and Regulatory Analysis

    Under Executive Order 12866, we 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.
    We have submitted this finding to the Office of Management and 
Budget.

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.
    We have determined that this action will not have a significant 
adverse impact on a substantial number of small entities. This finding 
involves no requirements that would impose any burden on industry or 
other segments of society. It is therefore not necessary to prepare a 
regulatory flexibility analysis in connection with this finding. A 
finding that these engines cause or contribute to air pollution in at 
least two nonattainment areas, however, will lead us to initiate a 
rulemaking to set emission standards for these engines. In that 
separate rulemaking, we 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 finding 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), Public 
Law 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, we 
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 us 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 us 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 we establish any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, we 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 our regulatory proposals with significant 
federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    We have determined that this 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 finding does not impose any enforceable 
duties on State, local, or tribal governments. This finding also 
contains no regulatory requirements that might significantly or 
uniquely affect small governments. In addition, there will be no 
economic effects resulting from this finding. Thus, this finding is not 
subject to the requirements of sections 202 and 205 of the UMRA.

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 us 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 us to 
provide Congress, through OMB, explanations when we decide not to use 
available and applicable voluntary consensus standards.
    This 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, we 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 we 
considered.
    This 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. Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications. 
``Policies that have

[[Page 76796]]

federalism implications'' is defined in the Executive Order to include 
regulations that have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Under Executive Order 13132, EPA may not issue a regulation 
that has federalism implications, that imposes substantial direct 
compliance costs, and that is not required by statute, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    If EPA complies by consulting, Executive Order 13132 requires EPA 
to provide to the Office of Management and Budget (OMB), in a 
separately identified section of the preamble to the rule, a federalism 
summary impact statement (FSIS). The FSIS must include a description of 
the extent of EPA's prior consultation with State and local officials, 
a summary of the nature of their concerns and the agency's position 
supporting the need to issue the regulation, and a statement of the 
extent to which the concerns of State and local officials have been 
met. Also, when EPA transmits a draft final rule with federalism 
implications to OMB for review pursuant to Executive Order 12866, EPA 
must include a certification from the agency's Federalism Official 
stating that EPA has met the requirements of Executive Order 13132 in a 
meaningful and timely manner.
    This finding will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. 
This finding creates no mandate on state, local or tribal governments. 
It imposes no enforceable duties on these or other entities. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
finding.

H. Consultation and Coordination With Indian Tribal Governments

    Under Executive Order 13084, we 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 we consult with those 
governments. If we comply by consulting, Executive Order 13084 requires 
us 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 our 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 us 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 finding would not significantly or uniquely affect the 
communities of Indian tribal governments. This finding is to be 
implemented at the federal level and will impose no compliance 
obligations on any party. Accordingly, the requirements of section 3(b) 
of Executive Order 13084 do not apply to this finding.

I. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this finding and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the finding in the Federal Register. This finding is 
not a ``major rule'' as defined by 5 U.S.C. 804 (2).

    Dated: November 20, 2000.
Carol M. Browner,
Administrator.
[FR Doc. 00-30106 Filed 12-6-00; 8:45 am]
BILLING CODE 6560-50-U