Federal Register / Vol. 65, No. 224 / Monday, November 20, 2000 / Notices 69767

1These amendments, among other things,

renamed the regulations from the Utility, Lawn and

Garden Engine Regulations (ULGE Rule) to the

Small Off-Road Engine Regulations (SORE Rule).

2 60 FR 37440 (July 20, 1995). The CARB small

engine emission regulations were then called the

Utility, Lawn and Garden Engine (ULGE)

regulations. The new amendments, among other

things, renamed the ULGE regulations as the SORE

regulations

3Letter from Micahel P. Kenney, Executive

Officer, CARB, to Carol M. Browner, Administrator,

EPA, dated October 4, 1999, Docket A–2000–09,

entry II–B–1.

Fairness Act of 1996, does not apply

because this action is not a rule, for

purposes of 5 U.S.C. 804(3).

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: November 9, 2000.

Robert Perciasepe,

Assistant Administrator for Air and

Radiation.

[FR Doc. 00–29500 Filed 11–17–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[AMS–FRL–6903–3]

California State Nonroad Engine and

Vehicle Pollution Control Standards;

Notice of Within the Scope

Determinations for Amendments to

California’s Small Off-Road Engine

Regulations

AGENCY: Environmental Protection

Agency.

ACTION: Notice Regarding Within the

Scope Determinations.

SUMMARY: The California Air Resources

Board (CARB), by letter dated October 4,

1999, requested that EPA confirm

CARB’s finding that amendments to its

Small Off-Road Engine (SORE)

Regulations are within-the-scope of a

prior authorization under section 209(e)

of the Clean Air Act (Act), 42 U.S.C.

7543(b), granted by EPA for CARB’s

original SORE Regulations in July 1995.

EPA in this notice has made the

requested confirmation for many of the

amendments in the CARB request. EPA

has also determined that other

amendments in this CARB request were

not within the scope of the prior

authorization because these

amendments are new standards, and

will announce the opportunity for a

public hearing on these specific

amendments.

DATES: Any objections to the findings in

this notice regarding EPA’s

determination that California’s

amendments to its regulations for test

procedures for nonroad engines and

vehicles are within the scope of

previous authorizations must be filed by

December 20, 2000. Otherwise, at the

end of this 30-day period, these findings

will become final. Upon receipt of any

timely objection, EPA will consider

scheduling a public hearing to

reconsider these findings in a

subsequent Federal Register notice.

ADDRESSES: Any objections to the

within the scope findings in this notice

should be filed with Robert Doyle at the

address noted below. The Agency’s

decisions as well as all documents

relied upon in reaching these decisions,

including those submitted by the

California Air Resources Board (CARB),

are available for public inspection in the

Air and Radiation Docket and

Information Center during the working

hours of 8:00 a.m. to 4:00 p.m. at the

Environmental Protection Agency, Air

Docket (6102), Room M–1500,

Waterside Mall, 401 M Street, SW.,

Washington, DC 20460. The Docket for

this matter is Docket A–2000–09. Copies

of the Decision Document for these

determinations can be obtained by

contacting Robert Doyle as noted below,

or can be accessed on the EPA Office of

Mobile Sources Internet Home Page,

also noted below.

FOR FURTHER INFORMATION CONTACT:

Robert M. Doyle, Attorney-Advisor,

Certification and Compliance Division,

(6403J), U.S. Environmental Protection

Agency, 1200 Pennsylvania Avenue,

NW., Washington, DC 20460.

Telephone: (202) 564–9258, FAX: (202)

565–2057, E-Mail:

Doyle.Robert@EPA.GOV.

SUPPLEMENTARY INFORMATION:

I. Obtaining Electronic Copies of

Documents

Electronic copies of this Notice and

the accompanying Decision Document

are available via the Internet on the

Office of Transportation and Air Quality

(OTAQ) Home Page (http://

www.epa.gov/OTAQ). Users can find

these documents by accessing the

OTAQ Home Page and looking at the

path entitled ‘‘Chronological List of All

OTAQ Regulations.’’ This service is free

of charge, except for any cost you

already incur for Internet connectivity.

The official Federal Register version of

the Notice is made available on the day

of publication on the primary Web site

(http://www.epa.gov/docs/fedrgstr/EPAAIR/).

Please note that due to differences

between the software used to develop

the documents and the software into

which the documents may be

downloaded, changes in format, page

length, etc. may occur.

II. Amendments to the SORE

Regulations

We have determined that certain

amendments to the CARB SORE 1

Regulations are within the scope of a

prior authorization under section 209(e)

of the Clean Air Act (Act), 42 U.S.C.

7543(b), granted by EPA to CARB’s

original SORE Regulations by decision

of the Administrator dated July 5, 1995.2

The SORE regulations apply to all

gasoline, diesel, and other fueled utility

and lawn and garden equipment engines

25 horsepower and under, with certain

exceptions. Under the original

authorization, the SORE regulations

established two ‘‘tiers’’ of exhaust

emission standards for these engines

(Tier 1 from 1995 through 1998 model

years, and Tier 2 for model year 1999

and beyond), as well as numerous other

requirements. The amendments to the

regulations, outlined in CARB’s request

letter,3 and fully described CARB’s

submissions, accomplish the following:

• The descriptive terms ‘‘handheld’’

and nonhandheld’’ have been dropped

in favor of describing covered engines

by engine displacement categories. The

former handheld engines are now called

‘‘less than or equal to 65 cubic

centimeters (cc),’’ or ‘‘0–65cc,’’ and the

former nonhandheld engines are now

called ‘‘greater than 65 cc.’’ CARB stated

that the former categories were picked

to ensure that multi-positional

equipment supported solely by the

operator could use the lighter (but

dirtier) handheld engines, which are

usually two-stroke engines. Because of

manufacturer difficulty with the engine

definitions, CARB chose engine

displacement to define category choices.

• CARB has changed both the

previously authorized Tier 2 standards

and the authorized implementation

dates for those standards. For the 0–

65cc engines, CARB extended the Tier

1 standards for one more year, through

model year 1999, so Tier 2 standards do

not begin for these engines until the

model year 2000. CARB also changed

the Tier 2 standards, by relaxing the CO

and PM standards, and changing the

format of the HC and NOX standards to

allow manufacturers more flexibility.

For the Over 65 cc engines, CARB

extended the Tier i standards two

additional years, through calendar year

2001 for most engines in this category.

The extension is longer in some special

cases: through 2002 for engines equal to

or greater than 225cc and horizontal

69768 Federal Register / Vol. 65, No. 224 / Monday, November 20, 2000 / Notices

4Staff Report, Docket A–2000–09, entry II–B–2, p.

32–33, Final Regulation Order—Exhaust Standards

and Test Procedures, Docket A–2000–09, entry II–

B–8, part VI, p. 98. CARB adopted by reference,

with some modifications, 40 CFR Part 89 as that

Part relates to the small compression engines.

5CARB Staff Report, Docket A–2000–09, entry II–

B–2, pp. 10–11.

6CARB Staff Report, Docket A–2000–09, entry II–

B–2, p. 21.

7CARB Staff Report, Docket A–2000–09, entry II–

B–2, p. 8–9, and p. 35, Final Regulation Order,

Exhaust Standards and Test Procedures, Docket A–

2000–09, entry II–B–8, pp. 53–63 (emission

reduction credits) and p. 110 (upper limit).

8CARB Staff Report, Docket A–2000–09, entry II–

B–2, p. 8–9, and Final Statement of Reasons, Docket

A–2000–09, entry II–B–7, p.44–45.

9The CARB request also included amendments

which established brand new durability standards

for covered engines (where before there were none).

EPA has determined that these two sets of

regulation amendments in this request cannot be

considered within the scope of the previous

authorization because these particular amendments

set new and/or more stringent standards and

therefore properly should be reviewed as a new

authorization request. Accordingly, EPA will offer

the opportunity for a public hearing on these new

standards.

10EPA has interpreted the requirement regarding

whether ‘‘California standards and accompanying

enforcement procedures are not consistent with

section 209’’ to mean that California standards and

accompanying enforcement procedures must be

consistent with section 209(a), section 209(e)(1),

and section 209(b)(1)(C), as EPA has interpreted

that subsection in the context of motor vehicle

waivers. In order to be consistent with section

209(a), California’s nonroad standards and

enforcement procedures must not apply to new

motor vehicles or new motor vehicle engines.

Secondly, California’s nonroad standards and

enforcement procedures must be consistent with

section 209(e)(1), which identifies the categories

permanently preempted from state regulation.

California’s nonroad standards and enforcement

shaft engines below 225 cc, and through

2006 for vertical shaft engines below

225 cc. Additionally, manufacturers

who produce more than 40,000 sparkignited engines per year between 65 and

225cc for sale in California’s extreme

nonattainment areas are responsible for

additional emission standards to obtain

the emission reductions that would

have occurred under the original CARB

staff proposal for these amendments.

• For small compression ignition

engines, CARB extended the coverage of

the Tier 1 standards one additional year,

through model year 1999. For model

year 2000 and later, CARB amended the

SORE regulations to implement the

emission standards for small nonroad

compression ignition engines in the

Statement of Principles agreed upon by

CARB, EPA and various industry

members in 1996. The effect of these

standards is a relaxation of the Tier 1

standards; the CARB staff acknowledged

that it did not believe the 3.2 g/bhp-hr

HC + NOX standard was attainable in

the prescribed time period of the CARB

Tier 2 standards. CARB notes, however,

that the amended small compression

engine standards will provide good SIP

benefits while also providing California/

Federal harmonization of the

regulations.4

• CARB has expanded the

applicability of the SORE Rule to

include speciality vehicles and golf

carts; these vehicles previously were

regulated under the CARB Nonroad

Recreational Vehicle Rule. This change

results in all engines less than 25 hp

used in mobile applications now being

covered by the same Rule. CARB also

modified the applicability of the Rule to

remove the provision that includes

engines that produce a rated power

greater than 25hp but are governed to

produce actual power of under 25hp.

CARB had found that a small number of

engines of that type were built on an

automotive base. The manufacturer

expected the engine would not be

subject to the SORE standards, but

because the manufacturer’s customer

installed a governor downrating the

engine, it became subject to these

standards. CARB states that engines in

this grouping will be regulated in an

upcoming rulemaking to levels

appropriate to their automotive origins.5

• Manufacturers will have the option

of demonstrating compliance with the

PM standard through an engineering

evaluation rather than through direct

testing measurement, the only method

allowed in the original rule. CARB staff

recommended this change after learning

that a simple formula could produce a

valid PM measurement value, and thus

save manufacturers the cost of the

expensive sampling equipment required

to measure PM. CARB devised this

formula based on information from an

industry group showing that PM

emissions from two-stroke engines will

be no greater than the tested HC

emissions divided by the fuel to oil ratio

used in the engine.6

• CARB has established a program of

averaging, banking and trading (ABT) of

emission credits for manufacturers of

these engines. Manufacturers will be

able to use a corporate average to show

compliance with the HC + NOX

standard. For any one engine family, the

manufacturer can establish a ‘‘Family

Emission Limit (FEL)’’ which will be the

emission standard for that family, and

the FEL can be above the standard

(subject only to a set upper limit), so

long as the average of all the

manufacturer’s families met the

standard. This corporate average would

weight individual engine families by

power, load factor, sales and durability

period. CARB notes that this credit

program is designed to provide industry

the flexibility to address problems such

as low sales volume engines for which

emission reductions are relatively costly

by allowing manufacturers to focus

efforts first on the higher sales volume

engines. The manufacturer averaging

program also includes an emission

reduction credits mechanism. CARB

will allow manufacturers to generate

Production Emission Reduction Credits

when the final HC + NOX sample mean

(from the production line testing) of an

engine family is below the FEL. These

credits earned can be used for

certification and as a remedy for

noncompliance of another engine

family.7

• CARB amended its ‘‘quality audit’’

requirements. In the original program,

manufacturers were required to test 1%

of total production for compliance in

end of production line tests (‘‘green’’

engines). In the new requirements,

manufacturers now have an option to

follow a procedure similar to the

Federal ‘‘Cumulative Sum (‘‘Cum Sum’’)

procedure. Under Cum Sum,

manufacturers can complete the

production line testing with a small

number of engines when the family is

clean, and thus not have to meet the 1%

of production requirement. CARB’s

amendments alter the Cum Sum

requirements by requiring a minimum

testing rate of 2 engines from each

family per quarter to ensure continued

sampling. Manufacturers of small

volume families can minimize their

tests by retaining the 1% testing

number. With the exception of the

quarterly minimum, CARB’s program is

similar to that adopted for the Federal

nonhandheld program and proposed for

the Federal handheld program.8

• CARB amended its emission

warranty regulations by expanding the

list of covered emission-related parts to

include air filters and pressure

regulators.

In an October 4, 1999 letter to EPA,

CARB notified EPA of the abovedescribed amendments to its SORE

regulations and asked EPA to confirm

that these amendments are within the

scope of previous authorizations.9 EPA

can make such a confirmation if certain

conditions are present. Specifically, if

California acts to amend a previously

authorized standard or accompanying

enforcement procedure, the

amendments may be considered within

the scope of a previously granted

authorization provided that it does not

undermine California’s determination

that its standards in the aggregate are as

protective of public health and welfare

as applicable Federal standards, does

not affect the consistency with section

209 of the Act, 10 and raises no new

Federal Register / Vol. 65, No. 224 / Monday, November 20, 2000 / Notices 69769

procedures would be considered inconsistent with

section 209 if they applied to the categories of

engines or vehicles identified and preempted from

State regulation in section 209(e)(1). Finally, and

most importantly in terms of application to nonroad

within the scope requests such as these, because

California’s nonroad standards and enforcement

procedures must be consistent with section

209(b)(1)(C), EPA will review nonroad

authorization requests under the same

‘‘consistency’’ criteria that are applied to 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. As previous decisions granting waivers

of Federal preemption for motor vehicles have

explained, State standards are inconsistent with

section 202(a) if there is inadequate lead time to

permit the development of the necessary technology

giving appropriate consideration to the cost of

compliance within that time period or if the Federal

and State test procedures impose inconsistent

certification requirements.

11 Decision Document for California Nonroad

Engine Regulations Amendments, Dockets A–2000–

05 to 08, entry V–B, .p. 28.

issues affecting EPA’s previous

authorization determination.11

In its request letter, CARB stated that

the various amendments will not cause

the California nonroad standards, in the

aggregate, to be less protective of public

health and welfare than the applicable

Federal standards. Regarding

consistency with section 209, CARB

stated that the amendments (1) apply

only to nonroad engines and vehicles

and not to motor vehicles or engines, (2)

apply only to those nonroad engines

and vehicles which are not included in

the preempted categories, and (3) do not

raise any concerns of inadequate

leadtime or technological feasibility or

impose any inconsistent certification

requirements (compared to the Federal

requirements). Finally, CARB stated that

the amendments raise no new issues

affecting the prior EPA authorization

determinations.

EPA agrees with all CARB findings

with regard to the provisions listed.

Thus, EPA finds that these amendments

are within the scope of previous

authorizations. A full explanation of

EPA’s decision is contained in a

Decision Document which may be

obtained from EPA as noted above.

Because these amendments are within

the scope of previous authorizations, a

public hearing to consider them is not

necessary. However, if any party asserts

an objection to these findings by

December 20, 2000, EPA will consider

holding a public hearing to provide

interested parties an opportunity to

present testimony and evidence to show

that there are issues to be addressed

through a section 209(e) authorization

determination and that EPA should

reconsider its findings. Otherwise, these

findings shall become final on

December 20, 2000.

Our 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 engines and vehicles for sale in

California. For this reason, we 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 January 19, 2001.

Under section 307(b)(2) of the Act,

judicial review of this final action may

not be obtained in subsequent

enforcement proceedings.

EPA’s determination that these

California regulations are within the

scope of prior authorizations by EPA

does not constitute a significant

regulatory action under the terms of

Executive Order 12866 and this action

is therefore not subject to Office of

Management and Budget review.

In addition, this action is not a rule

as defined in the Regulatory Flexibility

Act, 5 U.S.C. 601(2). Therefore, EPA has

not prepared a supporting regulatory

flexibility analysis addressing the

impact of this action on small business

entities.

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, does not apply

because this action is not a rule, for

purposes of 5 U.S.C. 804(3).

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: November 9, 2000.

Robert Perciasepe,

Assistant Administrator for Air and

Radiation.

[FR Doc. 00–29501 Filed 11–17–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[AMS–FRL–6903–4]

California State Nonroad Engine and

Vehicle Pollution Control Standards;

Opportunity for Public Hearing and

Request for Public Comment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of opportunity for public

hearing and request for public comment.

SUMMARY: The California Air Resources

Board (CARB), by letter dated October 4,

1999, requested that EPA confirm

CARB’s finding that amendments to its

Small Off-Road Engine (SORE)

Regulations are within-the-scope of a

prior authorization under section 209(e)

of the Clean Air Act (Act), 42 U.S.C.

7543(b), granted by EPA to CARB’s

original SORE Regulations in July 1995.

EPA has made the requested

confirmation for many of the

amendments in the CARB request and

published this determination in an

earlier FR notice. EPA also determined

that other amendments in this CARB

request were not within the scope of the

prior authorization because these

amendments are brand new standards.

For this reason, EPA is announcing the

opportunity for a public hearing on

these specific amendments.

DATES: EPA has tentatively scheduled a

public hearing for December 8, 2000,

commencing at 9:30 am. Any person

who wishes to testify on the record at

the hearing must notify EPA in writing

by December 1, 2000 that he or she will

attend the hearing to present oral

testimony regarding EPA’s

determination. If EPA receives one or

more requests to testify, this hearing

will be held. If EPA does not receive any

requests to testify, this hearing will be

canceled. Anyone who plans to attend

the hearing should contact Robert Doyle

by telephone or E-Mail (number and

address below) to determine if this

hearing will be held. Regardless of

whether or not a hearing is held, any

party may submit written comments

regarding EPA’s determination by or

before December 22, 2000.

ADDRESSES: Parties wishing to present

oral testimony at the public hearing

should provide written notice to John

Guy, Acting Manager, Engine

Compliance Programs Group, (6403J),

U.S. Environmental Protection Agency,

1200 Pennsylvania Avenue, NW.,

Washington, DC 20460. If EPA receives

a request for a public hearing, EPA will

hold the public hearing in the first floor

conference room at 501 3rd Street, NW.,

Washington, DC. Parties wishing to send

written comments should provide them

to Mr. Guy at the above address. EPA

will make available for public

inspection at the Air and Radiation

Docket and Information Center written

comments received from interested

parties, in addition to any testimony

given at the public hearing. The Air

Docket is open during working hours

from 8:00 a.m. to 4:00 p.m. at EPA, Air