76790 Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Notices

1For 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.

2 ‘‘Nonroad Engine and Vehicle Emission Study—

Report and Appendices,’’ EPA–21A–201, November

1991 (available in Air docket A–96–40).

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6907–5]

RIN 2060–AI11

Control of Emissions From New

Nonroad Spark-Ignition Engines Rated

Above 19 Kilowatts and New LandBased Recreational Spark-Ignition

Engines

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final finding.

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:

mueller.john@epa.gov.

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.

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,

Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Notices 76791

3The terms HC (hydrocarbon) and VOC (volatile

organic carbon) refer to similar sets of chemicals

and are generally used interchangeably.

4The 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.

5 64 FR 6008, February 8, 1999.

6Senate Report 101–228, pp. 104–105.

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.

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 landbased recreational nonroad SI engines

‘‘cause or contribute’’ to such air

pollution.

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.

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.

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

76792 Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Notices

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.

8 ‘‘Emission Modeling for Recreational Vehicles,’’

EPA memorandum from Linc Wehrly to docket A–

98–01, November 14, 2000.

9Further information is provided in ‘‘Emission

Modeling for Recreational Vehicles,’’ EPA

memorandum from Linc Wehrly to docket A–98–

01, November 14, 2000.

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 fullpower 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

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 gocarts and golf carts are currently

regulated under our provisions for small

land-based SI engines. Mopeds are onhighway vehicles and, while not

generally regulated under our onhighway 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.

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 landbased 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.

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.

Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Notices 76793

TABLE 1.—MODELED ANNUAL EMISSION LEVELS FOR MOBILE SOURCE CATEGORIES IN 2000

[Thousand short tons]

Category

NOX HC CO PM

Tons

Percent

of mobile

source

Tons

Percent

of mobile

source

Tons

Percent

of mobile

source

Tons

Percent

of mobile

source

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 ................

aSources covered by finding.

TABLE 2.—MODELED ANNUAL EMISSION LEVELS FOR MOBILE SOURCE CATEGORIES IN 2007

[Thousand short tons]

Category

NOX HC CO PM

Tons

Percent

of mobile

source

Tons

Percent

of mobile

source

Tons

Percent

of mobile

source

Tons

Percent

of mobile

source

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 ................

aSources 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).

76794 Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Notices

10California Air Resources Board, Staff report for

Large SI proposed rulemaking, Table 12, p. 42,

September 3, 1998.

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.

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 sparkignition 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 nonpreempted equipment in the South

Coast Air Basin in 2010.

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

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

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-forprofit 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

76796 Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Notices

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]

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