Control of Emissions From Nonroad Large Spark Ignition Engines and Recreational Engines (Marine and Land-Based)

Federal RegisterOct 5, 2001

Ask Donna

What actually matters in this document.

Text

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 89, 90, 91, 94, 1048, 1051, 1065, and 1068

[AMS-FRL-7058-8]

RIN 2060-AI11

Control of Emissions From Nonroad Large Spark Ignition Engines and Recreational Engines (Marine and Land-Based)

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice of proposed rulemaking.

SUMMARY:

In this action, we are proposing emission standards for several groups of nonroad engines that cause or contribute to air pollution but that have yet to be regulated by EPA. These engines include large spark-ignition engines such as those used in forklifts and airport tugs; recreational vehicles using spark-ignition engines such as off-highway motorcycles, all-terrain vehicles, and snowmobiles; and recreational marine diesel engines. Nationwide, engines and vehicles in these various categories contribute to ozone, CO, and PM nonattainment. These pollutants cause a range of adverse health effects, especially in terms of respiratory impairment and related illnesses. The proposed standards will help states achieve air quality standards. In addition, the proposed standards will help reduce acute exposure to CO, air toxics, and PM for operators and other people close to the emission source. They will also help address other environmental problems, such as visibility impairment in our national parks.

We expect that manufacturers will be able to maintain or even improve the performance of their products when producing engines and equipment meeting the proposed standards. In fact, many engines will substantially reduce their fuel consumption, partially or completely offsetting any costs associated with the emission standards. Overall, we estimate the gasoline-equivalent fuel savings associated with the anticipated changes in technology resulting from this rule would be about 730 million gallons per year once the program is fully phased in. The proposal also has several provisions to address the unique limitations of small-volume manufacturers.

DATES:

Comments:

Send written comments on this proposed rule by December 19, 2001. See Section X.B for more information about written comments.

Hearings:

We will hold a public hearing in the Washington, DC area on October 24. We will hold a second public hearing on October 30 in Denver, CO. See Section X.B for more information about public hearings.

ADDRESSES:

Comments:

You may send written comments in paper form or by e-mail. We must receive them by the date indicated under

DATES

above. Send paper copies of written comments (in duplicate if possible) to the contact person listed below. You may also submit comments via e-mail to

“NRANPRM@epa.gov.”

In your correspondence, refer to Docket A-2000-01. See Section X.B for more information on comment procedures.

Docket:

EPA's Air Docket makes materials related to this rulemaking available for review in Public Docket No. A-2000-01 at the following address: U.S. Environmental Protection Agency (EPA), Air Docket (6102), Room M-1500 (on the ground floor in Waterside Mall), 401 M Street, SW., Washington, DC 20460 between 8 a.m. to 5:30 p.m., Monday through Friday, except on government holidays. You can reach the Air Docket by telephone at (202) 260-7548, and by facsimile (202) 260-4400. We may charge a reasonable fee for copying docket materials, as provided in 40 CFR part 2.

Hearings:

We will hold a public hearing on October 24, 2001 at Washington Dulles Airport Marriott, Dulles, VA 20166 (703-471-9500). We will hold a second public hearing October 30, 2001 at Doubletree Hotel, 3203 Quebec Street, Denver, CO 80207 (303-321-3333). If you want to testify at a hearing, notify the contact person listed below at least ten days before the date of the hearing. See Section X.B for more information on the public-hearing procedures.

FOR FURTHER INFORMATION CONTACT:

Margaret Borushko, U.S. EPA, National Vehicle and Fuels Emission Laboratory, 2000 Traverwood, Ann Arbor, MI 48105; Telephone (734) 214-4334; Fax: (734) 214-4816; E-mail: borushko.margaret@epa.gov.

SUPPLEMENTARY INFORMATION:

Regulated Entities

This proposed action would affect companies that manufacture or introduce into commerce any of the engines or vehicles that would be subject to the proposed standards. These include: spark-ignition industrial engines such as those used in forklifts and airport tugs; recreational vehicles such as off-highway motorcycles, all-terrain vehicles, and snowmobiles; and recreational marine diesel engines. This proposed action would also affect companies buying engines for installation in nonroad equipment. There are also proposed requirements that apply to those who rebuild any of the affected nonroad engines. Regulated categories and entities include:

Category

NAICS codes

SIC codes

Examples of potentially regulated entities

Industry

333618

3519

Manufacturers of new nonroad SI engines, new marine engines.

333111

3523

Manufacturers of farm equipment.

333112

3531

Manufacturers of construction equipment, recreational marine vessels.

333924

3537

Manufacturers of industrial trucks.

811310

7699

Engine repair and maintenance.

336991

Motorcycles and motorcycle parts manufacturers.

336999

Snowmobiles and all-terrain vehicle manufacturers.

421110

Independent Commercial Importers of Vehicles and Parts.

North American Industry Classification System (NAICS).

Standard Industrial Classification (SIC) system code.

This list is not intended to be exhaustive, but rather provides a guide regarding entities likely to be regulated by this action. To determine whether particular activities may be regulated by this action, you should carefully examine the proposed regulations. You may direct questions regarding the applicability of this action to the person listed in

FOR FURTHER INFORMATION CONTACT.

Obtaining Electronic Copies of the Regulatory Documents

The preamble, regulatory language, Draft Regulatory Support Document, and other rule documents are also available electronically from the EPA Internet Web site. This service is free of charge, except for any cost incurred for internet connectivity. The electronic version of this proposed rule is made available on the day of publication on the primary web site listed below. The EPA Office of Transportation and Air Quality also publishes

Federal Register

notices and related documents on the secondary web site listed below.

http://www.epa.gov/docs/fedrgstr/EPA-AIR/

(either select desired date or use Search feature)

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 documents and the software into which the document may be downloaded, format changes may occur.

Table of Contents

I. Introduction

A. Overview

B. How Is This Document Organized?

C. What Categories of Vehicles and Engines Are Covered in This Proposal?

D. What Requirements Are We Proposing?

E. Why Is EPA Taking This Action?

F. Putting This Proposal Into Perspective

II. Public Health and Welfare Effects of Emissions From Covered Engines

A. Background

B. What Are the Public Health and Welfare Effects Associated With Emissions From Nonroad Engines Subject to the Proposed Standards?

C. What Is the Inventory Contribution From the Nonroad Engines and Vehicles That Would Be Subject to This Proposal?

D. Regional and Local-Scale Public Health and Welfare Effects

III. Nonroad: General Concepts

A. Scope of Application

B. Emission Standards and Testing

C. Demonstrating Compliance

D. Other Concepts

IV. Large SI Engines

A. Overview

B. Large SI Engines Covered by This Proposal

C. Proposed Standards

D. Proposed Testing Requirements and Supplemental Emission Standards

E. Special Compliance Provisions

F. Technological Feasibility of the Standards

V. Recreational Marine Diesel Engines

A. Overview

B. Engines Covered by This Proposal

C. Proposed Standards for Marine Diesel Engines

D. Proposed Testing Requirements

E. Special Compliance Provisions

F. Technical Amendments

G. Technological Feasibility

VI. Recreational Vehicles and Engines

A. Overview

B. Engines Covered by this Proposal

C . Proposed Standards

D. Proposed Testing Requirements

E. Special Compliance Provisions

F. Technological Feasibility of the Standards

VII. General Nonroad Compliance Provisions

A. Miscellaneous Provisions (Part 1068, Subpart A)

B. Prohibited Acts and Related Requirements (Part 1068, Subpart B)

C. Exemptions (Part 1068, Subpart C)

D. Imports (Part 1068, Subpart D)

E. Selective Enforcement Audit (Part 1068, Subpart E)

F. Defect Reporting and Recall (Part 1068, Subpart F)

G. Public Hearings (Part 1068, Subpart G)

VIII. General Test Procedures

A. General Provisions

B. Laboratory Testing Equipment

C. Laboratory Testing Procedures

IX. Projected Impacts

A. Environmental Impact

B. Economic Impact

C. Cost per Ton of Emissions Reduced

D. Additional Benefits

X. Public Participation

A. How Do I Submit Comments?

B. Will There Be a Public Hearing?

XI. Administrative Requirements

A. Administrative Designation and Regulatory Analysis (Executive Order 12866)

B. Regulatory Flexibility Act

C. Paperwork Reduction Act

D. Intergovernmental Relations

E. National Technology Transfer and Advancement Act

F. Protection of Children (Executive Order 13045)

G. Federalism (Executive Order 13132)

H. Energy Effects (Executive Order 13211)

I. Plain Language

I. Introduction

A. Overview

Air pollution is a serious threat to the health and well-being of millions of Americans and imposes a large burden on the U.S. economy. Ground-level ozone, carbon monoxide, and particulate matter are linked to potentially serious respiratory health problems, especially respiratory effects and environmental degradation, including visibility impairment in our precious national parks. Over the past quarter century, state and federal representatives have established emission-control programs that significantly reduce emissions from individual sources. Many of these sources now pollute at only a small fraction of their precontrol rates. This proposal further addresses these air-pollution concerns by proposing national emission standards for several types of nonroad engines and vehicles that are currently unregulated. These include industrial spark-ignition engines such as those used in forklifts and airport tugs; recreational vehicles such as off-highway motorcycles, all-terrain vehicles, and snowmobiles; and recreational marine diesel engines.

The proposed standards are a continuation of the process of establishing standards for nonroad engines and vehicles, as required by Clean Air Act section 213(a)(3). All the nonroad engines subject to this proposal are still unregulated emission sources.

Diesel-cycle engines, referred to simply as “diesel engines” in this document, may also be referred to as compression-ignition (or CI) engines. These engines typically operate on diesel fuel, but other fuels may also be used. Otto-cycle engines (referred to here as spark-ignition or SI engines) typically operate on gasoline, liquefied petroleum gas, or natural gas.

Nationwide, these engines are a significant source of mobile-source air pollution. They currently account for about 13 percent of mobile-source hydrocarbon (HC) emissions, 6 percent of mobile-source carbon monoxide (CO) emissions, 3 percent of mobile-source oxides of nitrogen ( NO

) emissions, and 1 percent of mobile-source particulate matter (PM) emissions.

The proposed standards will reduce exposure to these emissions and help avoid a range of adverse health effects associated with ambient ozone, CO, and PM levels, especially in terms of respiratory impairment and related illnesses. In addition, the proposed standards will help reduce acute exposure to CO, air toxics, and PM for persons who operate or who work with or are otherwise active in close proximity to these engines. They will also help address other environmental problems associated with these engines, such as visibility impairment in our national parks and other wilderness areas where recreational vehicles and marine engines are often used.

While we characterize emissions of hydrocarbons, this can be used as a surrogate for volatile organic compounds (VOC), which is a broader group of compounds.

This proposal follows a final finding published on December 7, 2000 (65 FR 76790). Under this finding, EPA found that industrial 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 found 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 proposal also follows EPA's Advance Notice of Proposed

Rulemaking (ANRPM) published on December 7, 2000 (65 FR 76797). In that Advance Notice, we provided an initial overview of possible regulatory strategies for the nonroad vehicles and engines and invited early input to the process of developing standards. We received comments on the Advance Notice from a wide variety of stakeholders, including the engine industry, the equipment industry, various governmental bodies, environmental groups, and the general public. The Advance Notice, the related comments, and other new information provide the framework for this proposal.

B. How Is This Document Organized?

This proposal covers engines and vehicles that vary in design and use, and many readers may be interested in only one or two of the applications. For the purpose of this proposal, we have chosen to group engines by common application (e.g., recreational land-based engines, marine engines, large spark-ignition engines used in commercial applications). We have attempted to organize the document in a way that allows each reader to focus on the applications of particular interest. The Air Quality discussion in Section II is general in nature, however, and applies to all the categories covered by this proposal.

The next four sections contain our proposal for the nonroad engines that are the subject of this action. Sections III contains some general concepts that are relevant to all of the nonroad engines covered by this proposal. Section IV through VI present information specific to each of the nonroad applications covered by the proposal, including standards, effective dates, testing information, and other specific requirements.

Sections VII and VIII describe a wide range of compliance and testing provisions that apply generally to engines and vehicles from all the nonroad engine and vehicle categories included in this proposal. Several of these provisions apply not only to manufacturers, but also to equipment manufacturers installing certified engines, remanufacturing facilities, operators, and others. Therefore, all affected parties should read the information contained in this section.

Section IX summarizes the projected impacts and a discussion of the benefits of this proposal. Finally, Sections X and XI contain information about public participation, how we satisfied our administrative requirements, and the statutory provisions and legal authority for this proposal.

The remainder of this Section I summarizes important background information about this proposal, including the engines covered, the proposed standards, and why we are proposing them.

C. What Categories of Vehicles and Engines Are Covered in This Proposal?

This proposal presents regulatory strategies for new nonroad vehicles and engines that have yet to be regulated under EPA's nonroad engine programs. This proposal covers the following engines:

• Land-based spark-ignition recreational engines, including those used in snowmobiles, off-highway motorcycles, and all-terrain vehicles. For the purpose of this proposal, we are calling this group of engines “recreational vehicles,” even though all-terrain vehicles can be used for commercial purposes.

• Land-based spark-ignition engines rated over 19 kW, including engines used in forklifts, generators, airport tugs, and various farm, construction, and industrial equipment. This category also includes auxiliary marine engines, but does not include engines used in recreational vehicles. For the purpose of this proposal, we are calling this group of engines “Large SI engines.”

• Recreational marine diesel engines.

This proposal covers new engines that are used in the United States, whether they are made domestically or imported.

A more detailed discussion of the meaning of the terms “new,” “imported,” as well as other terms that help define the scope of application of this proposal, is contained in Section III of this preamble.

For this proposal, we consider the United States to include the States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the U.S. Virgin Islands, and the Trust Territory of the Pacific Islands.

We intended to include in this proposal emission standards for two additional vehicle categories: new exhaust emission standards for highway motorcycles and new evaporative emission standards for marine vessels powered by spark-ignition engines. Proposals for these two categories are not included in the September 14 deadline mandated by the courts, as is the case for the remaining contents that appear in today's proposed rule. We are committed to issue proposals regarding these categories within the next two to three months. Interested parties will have an opportunity to comment on issues associated with the proposed standards for these two categories during the public review period that will begin after a subsequent proposal or proposals are issued.

D. What Requirements Are We Proposing?

The fundamental requirement for engines under Clean Air Act section 213 is to meet EPA's emission standards. The Act requires that standards achieve the greatest degree of emission reduction achievable through the application of technology that will be available, giving appropriate consideration to cost, noise, energy, and safety factors. Other requirements such as applying for certification, labeling engines, and meeting warranty requirements define a process for implementing the proposed program in an effective way.

With regard to Large SI engines, we are proposing a two-phase program. The first phase of the standards, to go into effect in 2004, are the same as those recently adopted by the California Air Resources Board. These standards will reduce combined HC and NO

emissions by nearly 75 percent, based on a steady-state test. In 2007, we propose to supplement these standards by setting limits that would require optimizing the same technologies but would be based on a transient test cycle. New requirements for evaporative emissions and engine diagnostics would also start in 2007.

For recreational vehicles, we are proposing emission standards for snowmobiles separately from off-highway motorcycles and all-terrain vehicles. For snowmobiles, we are proposing a first phase of standards for HC and CO emissions based on the use of clean carburetion or 2-stroke electronic fuel injection (EFI) technology, and a second phase of emission standards for snowmobiles that would involve significant use of direct fuel injection 2-stroke technology, as well as possible limited conversion to 4-stroke engines. For off highway motorcycles and all-terrain vehicles, we are proposing standards that would result in a 50-percent reduction and is based mainly on moving these engines from 2-stroke to 4-stroke technology. In addition, we are proposing a second phase of standards for all-terrain vehicles that would require some catalyst use.

We are also proposing voluntary Blue Sky Series emission standards for recreational marine diesel engines and industrial spark-ignition engines. Blue Sky Series emission standards are intended to encourage the introduction and more widespread use of low-emission technologies. Manufacturers could be motivated to exceed emission

requirements either to gain early experience with certain technologies or as a response to market demand or local government programs. For recreational vehicles, we are proposing separate voluntary standards based more on providing consumers with an option of buying low-emission models.

E. Why Is EPA Taking This Action?

There are important public health and welfare reasons supporting the standards proposed in this document. As described in Section II.B, these engines contribute to air pollution which causes public health and welfare problems. Emissions from these engines contribute to ground level ozone and ambient CO and PM levels. Exposure to ground level ozone, CO, and PM can cause serious respiratory problems. These emissions also contribute to other serious environmental problems, including visibility impairment.

We believe existing technology that can be applied to these engines would reduce emissions of these harmful pollutants. Manufacturers can reduce 2-stroke engine emissions by improving fuel management and calibration. In addition, many of the existing 2-stroke engines in these categories can be converted to 4-stroke technology. Finally, there are modifications that can be made to 4-stroke engines, often short of requiring catalysts, that can reduce emissions even further.

F. Putting This Proposal Into Perspective

This proposal should be considered in the broader context of EPA's nonroad emission-control programs; state-level programs, particularly in California; and international efforts. Each of these are described in more detail below.

1. EPA's Nonroad Emission-Control Programs

a. EPA's nonroad process

. Clean Air Act section 213(a)(1) directs us to study emissions from nonroad engines and vehicles to determine, among other things, whether these emissions “cause, or significantly contribute to, air pollution that may reasonably be anticipated to endanger public health or welfare.” Section 213(a)(2) further required us to determine whether emissions of CO, VOC, and NO

from all nonroad engines significantly contribute to ozone or CO emissions in more than one nonattainment area. If we determine that emissions from all nonroad engines were significant contributors, section 213(a)(3) then requires us to establish emission standards for classes or categories of new nonroad engines and vehicles that in our judgment cause or contribute to such pollution. We may also set emission standards under section 213(a)(4) regulating any other emissions from nonroad engines that we find contribute significantly to air pollution.

We completed the Nonroad Engine and Vehicle Emission Study, required by Clean Air Act section 213(a)(1), in November 1991.

On June 17, 1994, we made an affirmative determination under section 213(a)(2) that nonroad emissions are significant contributors to ozone or CO in more than one nonattainment area. We also determined that these engines make a significant contribution to PM and smoke emissions that may reasonably be anticipated to endanger public health or welfare. In the same document, we set a first phase of emission standards (now referred to as Tier 1 standards) for land-based nonroad diesel engines rated at or above 37 kW. We recently added a more stringent set of Tier 2 and Tier 3 emission levels for new land-based nonroad diesel engines at or above 37 kW and adopted Tier 1 standards for land-based nonroad diesel engines less than 37 kW. Our other emission-control programs for nonroad engines are listed in Table I.F-1. This proposal takes another step toward the comprehensive nonroad engine emission-control strategy envisioned in the Act by proposing an emission-control program for the remaining unregulated nonroad engines.

This study is available in docket A-92-28.

Table I.F-1.—EPA's Nonroad Emission-Control Programs

Engine category

Final rulemaking

Date

Land-based diesel engines ≥ 37 kW—Tier 1

56 FR 31306

June 17, 1994.

Spark-ignition engines ≤ 19 kW—Phase 1

60 FR 34581

July 3, 1995.

Spark-ignition marine

61 FR 52088

October 4, 1996.

Locomotives

63 FR 18978

April 16, 1998.

Land-based diesel engines—Tier 1 and Tier 2 for engines < 37 kW

63 FR 56968

October 23, 1998.

—Tier 2 and Tier 3 for engines ≥ 37 kW

Commercial marine diesel

64 FR 73300

December 29, 1999.

Spark-ignition engines ≤ 19 kW (Non-handheld)—Phase 2

64 FR 15208

March 30, 1999.

Spark-ignition engines ≤ 19 kW (Handheld)—Phase 2

65 FR 24268

April 25, 2000.

b. National standards for marine engines.

In the October 1996 final rule for spark-ignition marine engines, we set standards only for outboard and personal watercraft engines. We decided not to finalize emission standards for sterndrive or inboard marine engines at that time. Uncontrolled emission levels from sterndrive and inboard marine engines were already significantly lower than the outboard and personal watercraft engines. We did, however, leave open the possibility of revisiting the need for emission standards for sterndrive and inboard engines in the future.

In December 1999, we published emission standards for commercial marine diesel engines. To allow more time to evaluate the potential impact of the proposed emission limits on the recreational vessel industry, we did not include recreational propulsion marine diesel engines in that rulemaking.

c. National standards for land-based spark-ignition engines.

The standards we have set to date for land-based, spark-ignition nonroad engines apply to engines typically used in lawn and garden applications. In adopting these emission standards, we decided not to include engines rated over 19 kW or any engines used in recreational vehicles. The proposed emission-control program in this document addresses these remaining unregulated engines.

2. State Initiatives

Under Clean Air Act section 209, California has the authority to regulate emissions from new motor vehicles and new motor vehicle engines. California may also regulate emissions from nonroad engines, with the exception of

new engines used in locomotives and new engines used in farm and construction equipment rated under 130 kW.

So far, the California Air Resources Board (California ARB) has adopted requirements for four groups of nonroad engines: (1) Diesel- and Otto-cycle small off-road engines rated under 19 kW; (2) new land-based nonroad diesel engines rated over 130 kW; (3) land-based nonroad recreational engines, including all-terrain vehicles, snowmobiles, off-highway motorcycles, go-carts, and other similar vehicles; and (4) new nonroad SI engines rated over 19 kW. They have approved a voluntary registration and control program for existing portable equipment.

The Clean Air Act limits the role states may play in regulating emissions from new motor vehicles and nonroad engines. California is permitted to establish emission standards for new motor vehicles and most nonroad engines; other states may adopt California's programs (sections 209 and 177 of the Act).

Other states may adopt emission standards set by California ARB, but are otherwise preempted from setting emission standards for new engines or vehicles. In contrast, there is generally no federal preemption of state initiatives related to the way individuals use individual engines or vehicles.

a. Industrial SI engines.

California ARB in 1998 adopted requirements that apply to new nonroad engines rated over 25 hp produced for California starting in 2001. These standards phase in over three years, during which manufacturers show only that engines meet the standards before they start in service. Beginning in 2004, the standards apply to 100 percent of engines sold in California, including a requirement to show that an engine meets emission standards throughout its useful life. As described above, these standards do not apply to engines under 130 kW used in farm or construction equipment. Texas has adopted the California ARB emission standards statewide starting in 2004.

b. Off-highway motorcycles and all-terrain vehicles.

California established standards for off-highway motorcycles and all-terrain vehicles which took effect in January 1997 (1999 for vehicles with engines of 90 cc or less). The standards are 1.2 g/km HC and 15.0 g/km CO and are based on the highway motorcycle chassis test procedures. Manufacturers may certify all-terrain vehicles to optional standards, which are based on the utility engine test procedure.

These standards are 12 g/hp-hr HC+NO

and 300 g/hp-hr CO, for all-terrain vehicles with engine displacements less than 225 cubic centimeters (cc) and 10 g/hp-hr NC+NO

and 300 g/hp-hr CO, for all-terrain vehicles with engine displacement greater than 225 cc. The utility engine test procedure is the procedure over which Small SI engines are tested. The stringency level of the standards was based on the emissions performance of 4-stroke engines and advanced 2-stroke engines equipped with a catalytic converter. California anticipated that the standards would be met initially through the use of high performance 4-stroke engines.

Notice to Off-Highway Recreational Vehicle Manufacturers and All Other Interested Parties Regarding Alternate Emission Standards for All-Terrain Vehicles, Mail Out #95-16, April 28, 1995, California ARB (Docket A-2000-01, document II-D-06).

California revisited the program in the 1997 time frame because a lack of certified product from manufacturers was reportedly creating economic hardship for dealerships. The number of certified off-highway motorcycle models was particularly inadequate.

In 1998, California revised the program, allowing the use of uncertified products in off-highway vehicle recreation areas with regional/seasonal use restrictions. Currently, noncomplying vehicles can be legally sold in California and used in attainment areas year-round and in nonattainment areas during months when exceedances of the state ozone standard are not expected. For enforcement purposes, certified and uncertified products are identified respectively with green and red stickers. Only about one-third of off-highway motorcycles sold in California are certified.

Initial Statement of Reasons, Public Hearing to Consider Amendments to the California Regulations for New 1997 and Later Off-highway Recreational Vehicles and Engines, California ARB, October 23, 1998 (Docket A-2000-01, II-D-08).

3. Actions in Other Countries

a. European action—Recreational Marine Engines.

The European Commission has proposed emission standards for recreational marine engines, including both diesel and gasoline engines. These requirements would apply to all new engines sold in member countries. The numerical emission standards for recreational diesel marine engines, shown in Table I.F-2, consist of the Annex VI NO

standard for small marine diesel engines, the rough equivalent of Nonroad Diesel Tier 1 emission standards for HC and CO. Emission testing is to be conducted using the ISO D2 duty cycle for constant-speed engines and the ISO E5 duty cycle for all other engines. Table I.F-2 also presents average baseline emissions based on data that we have collected. These data are presented in Chapter 4 of the Draft Regulatory Support Document. We have received comment that we should apply these standards in the U.S., but the proposed European emission standards for recreational marine diesel engines may not result in a decrease in emissions, and may even allow an increase in emissions from engines operated in the U.S.

Table I.F-2.—Proposed European Emission Standards for Recreational Marine Diesel Engines

Pollutant

Emission standard (g/k W-hr)

Baseline emissions (g/k W-hr)

9.8

8.9

1.4

0.2

1.5

0.3

5.0

1.3

Increases slightly with increasing engine power rating.

b. International Maritime Organization—CI Marine Engines.

In response to growing international concern about air pollution and in recognition of the highly international nature of maritime transportation, the International Maritime Organization developed a program to reduce NO

and SOx emissions from marine vessels. No restrictions on PM, HC, or CO emissions were considered. The NO

provisions, contained in Regulation 13 of Annex VI to the International Convention on the Prevention of Pollution from Ships (MARPOL 73/78), specify that each diesel engine with a power output of more than 130 kW installed on a ship constructed on or after January 1, 2000, or that undergoes a major conversion on or after January 1, 2000, must meet the NO

emission standards in Table I.F-3.

The Annex does not distinguish between marine diesel engines installed on recreational or commercial vessels; all marine diesel engines above 130 kW would be subject to the standards regardless of their use.

Additional information about the MARPOL Annex VI NO

standards can be found in the documents for our commercial marine diesel standards, which can be found on our website (

http://www.epa.gov/otaq/marine.htm

). That website also contains facts sheets and other information about the Annex.

Table I.F-3.—MARPOL Annex VI NO

Standards

Engine speed

(n = engine speed, rpm)

(g/kW-hr)

n <130 rpm

17.0

130 rpm≤n<2000 rpm

45*n

(−0.2)

n ≥ 2000

9.8

After several years of negotiation, the Member States of the International Maritime Organization adopted a final version of Annex VI on September 26, 1997. As stipulated in Article 6 of the Agreement, the Annex will go into force when fifteen States, the combined merchant fleets of which constitute not less than 50 percent of the gross tonnage of the world's merchant shipping, have ratified it. As of today, three countries have ratified the Annex (Norway, Sweden, Singapore), representing about 7 percent of the world fleet.

Pending entry into force, ship owners and vessel manufacturers are expected to install compliant engines on relevant ships beginning with the date specified in Regulation 13, January 1, 2000. In addition, ship owners are expected to bring existing engines into compliance if the engines undergo a major conversion on or after that date.

As defined in Regulation 13 of Annex VI, a major conversion is defined to include those situations when the engine is replaced by a new engine, it is substantially modified, or its maximum continuous rating is increased by more than 10 percent. To facilitate this process, and to allow engine manufacturers to certify their engines before the Annex goes into force, we set up a process for manufacturers to obtain a Statement of Voluntary Compliance.

This document will be exchangeable for an Engine International Air Pollution Prevention (EIAPP) certificate once the Annex goes into effect for the United States.

As defined in Regulation 13 of Annex VI, a major conversion means the engine is replaced by a new engine, it is substantially modified, or its maximum continuous rating is increased by more than 10 percent.

For more information about our voluntary certification program, see “guidance for Certifying to MARPOL Annex VI,” VPCD-99-02. This letter is available on our website:

http://www.epa.gov/otaq/regs/nonroad/marine/ci/imolettr.pdf.

II. Public Health and Welfare Effects of Emissions From Covered Engines

A. Background

This proposal contains regulatory strategies for three sets of new nonroad vehicles and engines that cause or contribute to air pollution but that have not been regulated under EPA's nonroad engine programs. The three sets of nonroad vehicles and engines are:

• Large Industrial Spark Ignition Engines. These are spark-ignition nonroad engines rated over 19 kW used in commercial applications. These include engines used in forklifts, electric generators, airport tugs, and a variety of other construction, farm, and industrial equipment. Many of these engines, such as those used in farm and construction equipment, are operated outdoors, predominantly during warmer weather and often in or near heavily-populated urban areas where they contribute to ozone formation and ambient CO and PM levels. These engines are also often operated in factories, warehouses, and large retail outlets throughout the year, where they contribute to high exposure levels to personnel who work with or near this equipment as well as to ozone formation and ambient CO and PM levels. For the purpose of this proposal, we are calling these “Large SI engines.”

• Nonroad Spark-Ignition Recreational Engines. These are spark-ignition nonroad engines used primarily in recreational applications. These include off-highway motorcycles, all-terrain-vehicles and snowmobiles. Some of these engines, particularly those used on all-terrain vehicles, are increasingly used for commercial purposes within urban areas, especially for mowing lawns and hauling loads. These vehicles are typically used in suburban and rural areas, where they contribute to ozone formation and ambient CO, and PM levels. All these vehicles, and snowmobiles in particular, contribute to visibility impairment problems in our national and state parks. For the purpose of this proposal, we are calling this group of engines “recreational vehicles.”

• Marine Engines. These are marine diesel engines that are used on recreational vessels such as yachts, cruisers, and other types of pleasure craft. Recreational marine engines are primarily used in warm weather and therefore contribute to ozone formation and PM levels, especially in marinas, which are often located in nonattainment areas.

Nationwide, these engines and vehicles are a significant source of mobile-source air pollution. As described in Section II.C, below, they currently account for about 13 percent of national mobile-source HC emissions, 6 percent of mobile-source CO emissions, 3 percent of mobile-source NO

emissions, and 1 percent of mobile-source PM emissions. Recreational vehicles by themselves account for nearly 10 percent of national mobile-source HC emissions and about 3 percent of national mobile-source CO emissions. Within national parks, snowmobiles are significant contributors to ambient concentrations of fine particulate matter, a leading component of visibility impairment. By reducing these emissions, the proposed standards would provide assistance to states facing ozone and CO air quality problems, which can cause a range of adverse health effects, especially in terms of respiratory impairment and related illnesses. States are required to develop plans to address visibility impairment in national parks, and the reductions proposed in this rule would assist states in those efforts.

In addition, the proposed standards would help reduce acute exposure to CO and air toxics for forklift operators, snowmobile users, national and state park attendants, and other people who may be at particular risk because they operate or work or are otherwise active for long periods of time in close proximity to this equipment. Emissions from these vehicles and equipment can be very high on a per engine basis. In addition, the equipment (e.g., forklifts) is often used in enclosed areas. Similarly, exposure can be intensified for snowmobile riders who follow a group of other rides along a trail, since those riders are exposed to the emissions of all the other snowmobiles riding ahead. As summarized below and explained in greater detail in the Draft Regulatory Support Document for this proposal, CO emissions have been directly associated with cardisvascular and other health problems, and many types of hydrocarbons are also air toxics.

The standards proposed in this document would require the use of cleaner emission-control technologies. For Large SI engines, we are proposing a two-phase program that will take fuel effects into account. The first phase consists of one set of standards that would apply to all engines regardless of fuel (i.e., gasoline, LPG, CNG). These standards are identical to those recently adopted by California Air Resources Board (CARB) and are based on a steady-state test. The second phase of standards is more stringent than the California standards. The numerical limits differ depending on fuel type and would require optimizing the same emission-control technologies used in Phase 1 but would be based on a transient duty test cycle. These standards would also include new requirements for evaporative emissions and engine diagnostics.

For marine engines, we are proposing to set new standards that would require recreational diesel marine engines to adopt the emission-control technology

that will be in use on commercial diesel marine engines.

For nonroad recreational vehicles, we are proposing standards that would require snowmobiles to use cleaner 2-stroke technologies (e.g., clean carburetion, electronic fuel injection). For off-highway motorcycles and all-terrain vehicles, we are proposing standards that would effectively require manufacturers to use more 4-stroke technology for most engines. A second phase of proposed standards for all-terrain vehicles is based on catalyst technology.

When the proposed emission standards are fully implemented in 2020, we expect a 79 percent reduction in HC emissions, 75 percent reduction in NO

emissions, and 56 percent reduction in CO emissions from these engines, equipment, and vehicles (see Section IX below for more details). These emission reductions will reduce ambient concentrations of ozone, CO, and PM fine, which is a health concern and contributes to visibility impairment. The standards will also reduce personal exposure for people who operate or who work with or are otherwise in close proximity to these engines and vehicles.

For the nonroad engines covered by this proposal, the Agency has already established in several previous actions that they cause or contribute to ozone or carbon monoxide pollution in more than one nonattainment area. In three actions in 1996, 1999, and 2000, we made separate determinations that each category of nonroad engines covered by this proposal specifically contributes to ozone and CO nonattainment, and to adverse health effects associated with ambient concentrations of PM. These actions are summarized in Table II.A-1. In addition, pursuant to Section 213(a)(4) of the Act, we are proposing to find that nonroad engines, including construction equipment, farm tractors, boats, planes, locomotives, marine engines, and recreational vehicles (e.g., off-highway motorcycles, all-terrain-vehicles, and snowmobiles), significantly contribute to regional haze, and that these engines, particularly snowmobiles, are significant emitters of pollutants that are known to impair visibility in federal Class I areas. The discussion pertaining to this proposed finding is in Section II.D.1, below.

Table II.A-1.—Summary of Nonroad Air Quality Findings

Source

Date of finding

Pollutants covered

Emissions determined to contribute

CI Marine

December 29, 1999, 64 FR 73300

Ozone, PM

HC+NO

, PM, CO.

Large SI

December 7, 2000, 65 FR 76790

Ozone, CO, PM

HC+NO

, CO, PM.

Recreational Vehicles

December 7, 2000, 65 FR 76790

Ozone, CO, PM

HC+NO

, CO, PM.

B. What Are the Public Health and Welfare Effects Associated With Emissions From Nonroad Engines Subject to the Proposed Standards?

The engines and vehicles that would be subject to the proposed standards generate emissions of HC, CO, PM and air toxics that contribute to ozone and CO nonattainment as well as adverse health effects associated with ambient concentrations of PM and air toxics. Elevated emissions from those recreational vehicles that operate in national parks (e.g., snowmobiles) contribute to visibility impairment. This section summarizes the general health effects of these substances. National inventory estimates are set out in Section II.B, and estimates of the expected impact of the proposed control programs are described in Section IX. Interested readers are encouraged to refer to the Draft Regulatory Support Document for this proposal for more in-depth discussions.

1. Health and Welfare Effects Associated With Ground Level Ozone and Its Precursors

Volatile organic compounds (VOC) and NO

are precursors in the photochemical reaction which forms tropospheric ozone. Ground-level ozone, the main ingredient in smog, is formed by complex chemical reactions of VOCs and NO

in the presence of heat and sunlight. Hydrocarbons (HC) are a large subset of VOC, and to reduce mobile-source VOC levels we set maximum emissions limits for hydrocarbon and particulate matter emissions.

A large body of evidence shows that ozone can cause harmful respiratory effects including chest pain, coughing, and shortness of breath, which affect people with compromised respiratory systems most severely. When inhaled, ozone can cause acute respiratory problems; aggravate asthma; cause significant temporary decreases in lung function of 15 to over 20 percent in some healthy adults; cause inflammation of lung tissue; produce changes in lung tissue and structure; may increase hospital admissions and emergency room visits; and impair the body's immune system defenses, making people more susceptible to respiratory illnesses. Children and outdoor workers are likely to be exposed to elevated ambient levels of ozone during exercise and, therefore, are at a greater risk of experiencing adverse health effects. Beyond its human health effects, ozone has been shown to injure plants, which has the effect of reducing crop yields and reducing productivity in forest ecosystems.

There is strong and convincing evidence that exposure to ozone is associated with exacerbation of asthma-related symptoms. Increases in ozone concentrations in the air have been associated with increases in hospitalization for respiratory causes for individuals with asthma, worsening of symptoms, decrements in lung function, and increased medication use, and chronic exposure may cause permanent lung damage. The risk of suffering these effects is particularly high for children and for people with compromised respiratory systems.

Ground level ozone today remains a pervasive pollution problem in the United States. In 1999, 90.8 million people (1990 census) lived in 31 areas designated nonattainment under the 1-hour ozone NAAQS.

This sharp decline from the 101 nonattainment areas originally identified under the Clean Air Act Amendments of 1990 demonstrates the effectiveness of the last decade's worth of emission-control programs. However, elevated ozone concentrations remain a serious public health concern throughout the nation.

National Air Quality and Emissions Trends Report, 1999, EPA, 2001, at Table A-19. This document is available at

http://www.epa.gov/oar/aqtrnd99/.

The data from the Trends report are the most recent EPA air quality data that have been quality assured. A copy of this table can also be found in Docket No. A-2000-01, Document No. II-A-64.

Over the last decade, declines in ozone levels were found mostly in urban areas, where emissions are heavily influenced by controls on mobile sources and their fuels. Twenty-three metropolitan areas have realized a decline in ozone levels since 1989, but at the same time ozone levels in 11 metropolitan areas with 7 million

people have increased.

Regionally, California and the Northeast have recorded significant reductions in peak ozone levels, while four other regions (the Mid-Atlantic, the Southeast, the Central and Pacific Northwest) have seen ozone levels increase.

National Air Quality and Emissions Trends Report, 1998, March, 2000, at 28. This document is available at

http://www.epa.gov/oar/aqtrnd98/.

Relevant pages of this report can be found in Memorandum to Air Docket A-2000-01 from Jean Marie Revelt, September 5, 2001, Document No. II-A-63.

The highest ambient concentrations are currently found in suburban areas, consistent with downwind transport of emissions from urban centers. Concentrations in rural areas have risen to the levels previously found only in cities. Particularly relevant to this proposal, ozone levels at 17 of our National Parks have increased, and in 1998, ozone levels in two parks, Shenandoah National Park and the Great Smoky Mountains National Park, were 30 to 40 percent higher than the ozone NAAQS over part of the last decade.

National Air Quality and Emissions Trends Report, 1998, March, 2000, at 32. This document is available at

http://www.epa.gov/oar/aqtrnd98/.

Relevant pages of this report can be found in Memorandum to Air Docket A-2000-01 from Jean Marie Revelt, September 5, 2001, Document No. II-A-63.

To estimate future ozone levels, we refer to the modeling performed in conjunction with the final rule for our most recent heavy-duty highway engine and fuel standards.

We performed ozone air quality modeling for the entire Eastern U.S. covering metropolitan areas from Texas to the Northeast.

This ozone air quality model was based upon the same modeling system as was used in the Tier 2 air quality analysis, with the addition of updated inventory estimates for 2007 and 2030. The results of this modeling were examined for those 37 areas in the East for which EPA's modeling predicted exceedances in 2007, 2020, and/or 2030 and the current 1-hour design values are above the standard or within 10 percent of the standard. This photochemical ozone modeling for 2020 predicts exceedances of the 1-hour ozone standard in 32 areas with a total of 89 million people (1999 census) after accounting for light- and heavy-duty on-highway control programs.

We expect the NO

and HC control strategies contained in this proposal for nonroad engines will further assist state efforts already underway to attain and maintain the 1-hour ozone standard.

Additional information about this modeling can be found in our Regulatory Impact Analysis: Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements, document EPA420-R-00-026, December 2000. Docket No. 1-2000-01, Document No. II-A-13. This document is also available at

http://www.epa.gov/otaq/diesel.htm#documents.

We also performed ozone air quality modeling for the western United States but, as described further in the air quality technical support document, model predictions were well below corresponding ambient concentrations for out heavy-duty engine standards and fuel sulfur control rulemaking. Because of poor model performance for this region of the country, the results of the Western ozone modeling were not relied on for that rule.

Regulatory Impact Analysis: Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements, US EPA, EPA420-R-00-026, December 2000, at II-14, Table II.A-2. Docket No. A-2000-01, Document Number II-A-13. This document is also available at

http://www.epa.gov/otaq/diesel.htm#documents.

In addition to the health effects described above, there exists a large body of scientific literature that shows that harmful effects can occur from sustained levels of ozone exposure much lower than 0.125 ppm.

Studies of prolonged exposures, those lasting about 7 hours, show health effects from prolonged and repeated exposures at moderate levels of exertion to ozone concentrations as low as 0.08 ppm. The health effects at these levels of exposure include transient pulmonary function responses, transient respiratory symptoms, effects on exercise performance, increased airway responsiveness, increased susceptibility to respiratory infection, increased hospital and emergency room visits, and transient pulmonary respiratory inflammation.

Additional information about these studies can be found in Chapter 2 of “Regulatory Impact Analysis: Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements,” December 2000, EPA420-R-00-026. Docket No. A-2000-01, Document Number II-A-13. This document is also available at

http://www.epa.gov/otaq/diesel.htm#documents.

Prolonged and repeated ozone concentrations at these levels are common in areas throughout the country, and are found both in areas that are exceeding, and areas that are not exceeding, the 1-hour ozone standard. Areas with these high concentrations are more widespread than those in nonattainment for that 1-hour ozone standard. Monitoring data indicate that 333 counties in 33 states exceed these levels in 1997-99.

The Agency's most recent photochemical ozone modeling forecast that 111 million people are predicted to live in areas that are at risk of exceeding these moderate ozone levels for prolonged periods of time in 2020 after accounting for expected inventory reductions due to controls on light- and heavy-duty on-highway vehicles.

A copy of these data can be found in Air Docket A-2000-01, Document No. II-A-80.

Memorandum to Docket A-99-06 from Eric Ginsburg, EPA, “Summary of Model-Adjusted Ambient Concentrations for Certain Levels of Ground-Level Ozone over Prolonged Periods,” November 22, 2000, at Table C, Control Scenario—2020 Populations in Eastern Metropolitan Counties with Predicted Daily 8-Hour Ozone greater than or equal to 0.080 ppm. Docket A-2000-01, Document Number II-B-13.

2. Health Effects Associated With Carbon Monoxide

Carbon monoxide (CO) is a colorless, odorless gas produced through the incomplete combustion of carbon-based fuels. Carbon monoxide enters the bloodstream through the lungs and reduces the delivery of oxygen to the body's organs and tissues. The health threat from CO is most serious for those who suffer from cardiovascular disease, particularly those with angina or peripheral vascular disease. Healthy individuals also are affected, but only at higher CO levels. Exposure to elevated CO levels is associated with impairment of visual perception, work capacity, manual dexterity, learning ability and performance of complex tasks.

High concentrations of CO generally occur in areas with elevated mobile-source emissions. Peak concentrations typically occur during the colder months of the year when mobile-source CO emissions are greater and nighttime inversion conditions are more frequent. This is due to the enhanced stability in the atmospheric boundary layer, which inhibits vertical mixing of emissions from the surface.

The current primary NAAQS for CO are 35 parts per million for the one-hour average and 9 parts per million for the eight-hour average. These values are not to be exceeded more than once per year. Air quality carbon monoxide value is estimated using EPA guidance for calculating design values. In 1999, 30.5 million people (1990 census) lived in 17 areas designated nonattainment under the CO NAAQS.

National Air Quality and Emissions Trends Report, 1999, EPA, 2001, at Table A-19. This document is available at

http://www.epa.gov/oar/aqtrnd99/.

The data from the Trends report are the most recent EPA air quality data that have been quality assured. A copy of this table can also be found in Docket No. A-2000-01, Document No. II-A-64.

Snowmobiles, which have relatively high per engine CO emissions, can be a significant source of ambient CO levels in CO nonattainment areas. Several states that contain CO nonattainment areas also have large populations of registered snowmobiles. This is shown in Table II.B-1. A review of snowmobile trail maps indicates that snowmobiles are used in these CO nonattainment

areas or in adjoining counties.

These include the Mt. Spokane and Riverside trails near the Spokane, Washington CO nonattainment area; the Larimer trails near the Fort Collins, Colorado CO nonattainment area; and the Hyatt Lake, Lake of the Woods, and Cold Springs trails near the Klamath Falls and Medford, Oregon CO nonattainment area. There are also trails in Missoula County, Montana that demonstrate snowmobile use in the Missoula, Montana CO nonattainment area. While Colorado has a large snowmobile population, the snowmobile trails are fairly distant from the Colorado Springs CO nonattainment areas. EPA requests comment on the volume and nature of snowmobile use in these and other CO nonattainment areas. Of particular interest is information about the number of trails in and around CO nonattainment areas, the magnitude of snowmobile use on those trails, and the extent to which snowmobiles are used off-trail.

St. Paul, Minnesota was recently reclassified as being in attainment but is still considered a maintenance area. There is also a significant population of snowmobiles in Minnesota, with snowmobile trails in Washington County.

The trail maps consulted for this proposal can be found in Docket No. A-2000-01, Document No. II-A-65.

Table II.B-1.—Snowmobile Use in Selected CO Nonattainment Areas

City and State

CO nonattainment classification

1998 State snowmobile population \a\

Fairbanks, AK

Serious

12,997

Spokane, WA

Serious

32,274

Colorado Springs, CO

Moderate

28,000

Fort Collins, CO

Moderate

Klamath Falls, OR

Moderate

13,426

Medford, OR

Moderate

Missoula, MT

Moderate

14,361

Source: Letter from International Snowmobile Manufacturers Association to US-EPA, July 8, 1999, Docket A-2000-01, Document No. II-G.

Exceedances of the 8-hour CO standard were recorded in three of these seven CO nonattainment areas located in the northern portion of the country over the five year period from 1994 to 1999: Fairbanks, AK; Medford, OR; and Spokane, WA.

Given the variability in CO ambient concentrations due to weather patterns such as inversions, the absence of recent exceedances for some of these nonattainment areas should not be viewed as eliminating the need for further reductions to consistently attain and maintain the standard. A review of CO monitor data in Fairbanks from 1986 to 1995 shows that while median concentrations have declined steadily, unusual combinations of weather and emissions have resulted in elevated ambient CO concentrations well above the 8-hour standard of 9 ppm. Specifically, a Fairbanks monitor recorded average 8-hour ambient concentrations at 16 ppm in 1988, around 9 ppm from 1990 to 1992, and then a steady increase in CO ambient concentrations at 12, 14 and 16 ppm during some extreme cases in 1993, 1994 and 1995, respectively.

Technical Memorandum to Docket A-2000-01 from Drew Kodjak, Attorney-Advisor, Office of Transportation and Air Quality, “Air Quality Information for Selected CO Nonattainment Areas,” July 27, 2001, Docket Number A-2000-01, Document Number II-B-18.

Air Quality Criteria for Carbon Monoxide, US EPA, EPA 600/P-99/001F, June 2000, at 3-38, Figure 3-32 (Federal Bldg, AIRS Site 020900002). Air Docket A-2000-01, Document Number II-A-29. This document is also available at

http://www.epa.gov/ncea/coabstract.htm.

Nationally, significant progress has been made over the last decade to reduce CO emissions and ambient CO concentrations. Total CO emissions from all sources have decreased 16 percent from 1989 to 1998, and ambient CO concentrations decreased by 39 percent. During that time, while the mobile source CO contribution of the inventory remained steady at about 77 percent, the highway portion decreased from 62 percent of total CO emissions to 56 percent while the nonroad portion increased from 17 percent to 22 percent.

Over the next decade, we would expect there to be a minor decreasing trend from the highway segment due primarily to the more stringent standards for certain light-duty trucks (LDT2s).

CO standards for passenger cars and other light-duty trucks and heavy-duty vehicles did not change as a result of other recent rulemakings). As described in Section II.C, below, the engines subject to this rule currently account for about 7 percent of the mobile source CO inventory; this is expected to increase to 10 percent by 2020 without the emission controls proposed in this action.

National Air Quality and Emissions Trends Report, 1998, March, 2000; this document is available at

http://www.epa.gov/oar/aqtrnd98/.

National Air Pollutant Emission Trends, 1900-1998 (EPA-454/R-00-002), March, 2000. These documents are available at Docket No. A-2000-01, Document No. II-A-72. See also Air Quality Criteria for Carbon Monoxide, US EPA, EPA 600/P-99/001F, June 2000, at 3-10. Air Docket A-2000-01, Document Number II-A-29. This document is also available at

http://www.epa.gov/ncea/coabstract.htm.

LDT2s are light light-duty trucks greater than 3750 lbs. loaded vehicle weight, up through 6000 gross vehicle weight rating.

The state of Alaska recently submitted draft CO attainment SIPs to the Agency for the Fairbanks CO nonattainment area. Fairbanks is located in a mountain valley with a much higher potential for air stagnation than cities within the contiguous United States. Nocturnal inversions that give rise to elevated CO concentrations can persist 24-hours a day due to the low solar elevation, particularly in December and January. These inversions typically last from 2 to 4 days (Bradley et al., 1992), and thus inversions may continue during hours of maximum CO emissions from mobile sources. Despite the fact that snowmobiles are largely banned in CO nonattainment areas by the state, the state estimated that snowmobiles contributed 0.3 tons/day in 1995 to Fairbanks' CO nonattainment area or 1.2 percent of a total inventory of 23.3 tons per day in 2001.

While Fairbanks has made significant progress in reducing ambient CO concentrations, existing climate conditions make achieving and maintaining attainment challenging. Fairbanks failed to attain the CO NAAQS by the applicable deadline of

December 21, 2000, and EPA approved a one-year extension in May of 2001.

Draft Anchorage Carbon Monoxide Emission Inventory and Year 2000 Attainment Projections, Air Quality Program, May 2001, Docket Number A-2000-01, Document II-A-40; Draft Fairbanks 1995-2001 Carbon Monoxide Emissions Inventory, June 1, 2001, Docket Number A-2000-01, Document II-A-39.

66 FR 28836, May 25, 2001. Clean Air Act Promulgation of Attainment Date Extension for the Fairbanks North Star Borough Carbon Monoxide Nonattainment Area, AK, Direct Final Rule.

In addition to the health effects that can result from exposure to carbon monoxide, this pollutant also can contribute to ground level ozone formation.

Recent studies in atmospheric chemistry in urban environments suggest CO can react with hydrogen-containing radicals, leaving fewer of these to combine with non-methane hydrocarbons and thus leading to increased levels of ozone. Few analyses have been performed that estimate these effects, but a study of an ozone episode in Atlanta, GA in 1988 found that CO accounted for about 17.5 percent of the ozone formed (compared to 82.5 percent for volatile organic compounds). While different cities may have different results, the effects of CO emissions on ground level ozone are not insignificant. The engines that are the subject of the proposed standards are contributors to these effects in urban areas, particularly because their per engine emissions are so high. For example, CO emissions from an off-highway motorcycle are high relative to a passenger car, (32 g/mi compared to 4.2 g/mi). The CO controls contained in this proposal will further assist state efforts already underway to attain and maintain the CO NAAQS.

U.S. EPA, Air Quality Criteria for Carbon Monoxide, EPA 600/P-99.001F, June 2000, Section 3.2.3. Air Docket A-2000-01, Document Number II-A-29. This document is also available at

http://www.epa.gov/ncea/coabstract.htm.

3. Health and Welfare Effects Associated With Particulate Matter

Nonroad engines and vehicles that would be subject to the proposed standards contribute to ambient particulate matter (PM) levels in two ways. First, they contribute through direct emissions of particulate matter. Second, they contribute to indirect formation of PM through their emissions of organic carbon, especially HC. Organic carbon accounts for between 27 and 36 percent of fine particle mass depending on the area of the country.

Particulate matter represents a broad class of chemically and physically diverse substances. It can be principally characterized as discrete particles that exist in the condensed (liquid or solid) phase spanning several orders of magnitude in size. All particles equal to and less than 10 microns are called PM

. Fine particles can be generally defined as those particles with an aerodynamic diameter of 2.5 microns or less (also known as PM

2.5

), and coarse fraction particles are those particles with an aerodynamic diameter greater than 2.5 microns, but equal to or less than a nominal 10 microns.

Particulate matter, like ozone, has been linked to a range of serious respiratory health problems. Scientific studies suggest a likely causal role of ambient particulate matter (which is attributable to several sources including mobile sources) in contributing to a series of health effects.

The key health effects categories associated with ambient particulate matter include premature mortality, aggravation of respiratory and cardiovascular disease (as indicated by increased hospital admissions and emergency room visits, school absences, work loss days, and restricted activity days), aggravated asthma, acute respiratory symptoms, including aggravated coughing and difficult or painful breathing, chronic bronchitis, and decreased lung function that can be experienced as shortness of breath. Observable human noncancer health effects associated with exposure to diesel PM include some of the same health effects reported for ambient PM such as respiratory symptoms (cough, labored breathing, chest tightness, wheezing), and chronic respiratory disease (cough, phlegm, chronic bronchitis and suggestive evidence for decreases in pulmonary function). Symptoms of immunological effects such as wheezing and increased allergenicity are also seen. Exposure to fine particles is closely associated with such health effects as premature mortality or hospital admissions for cardiopulmonary disease.

EPA (1996) Review of the National Ambient Air Quality Standards for Particulate Matter: Policy Assessment of Scientific and Technical Information OAQPS Staff Paper. EPA-452/R-96-013. Docket Number A-99-06, Documents Nos. II-A-18, 19, 20, and 23. The particulate matter air quality criteria documents are also available at

http://www.epa.gov/ncea/partmatt.htm.

PM also causes adverse impacts to the environment. Fine PM is the major cause of reduced visibility in parts of the United States, including many of our national parks. Other environmental impacts occur when particles deposit onto soils, plants, water or materials. For example, particles containing nitrogen and sulphur that deposit on to land or water bodies may change the nutrient balance and acidity of those environments. Finally, PM causes soiling and erosion damage to materials, including culturally important objects such as carved monuments and statues. It promotes and accelerates the corrosion of metals, degrades paints, and deteriorates building materials such as concrete and limestone.

The NAAQS for PM

were established in 1987. According to these standards, the short term (24-hour) standard of 150 μg/m

is not to be exceeded more than once per year on average over three years. The long-term standard specifies an expected annual arithmetic mean not to exceed 50 μg/m

over three years. The most recent PM

monitoring data indicate that 14 designated PM

nonattainment areas with a projected population of 23 million violated the PM

NAAQS in the period 1997-99. In addition, there are 25 unclassifiable areas that have recently recorded ambient concentrations of PM

above the PM

NAAQS.

EPA adopted a policy in 1996 that allows areas with PM

exceedances that are attributable to natural events to retain their designation as unclassifiable if the State is taking all reasonable measures to safeguard public health regardless of the sources of PM

emissions.

Current 1999 PM

2.5

monitored values, which cover about a third of the nation's counties, indicate that at least 40 million people live in areas where long-term ambient fine particulate matter levels are at or above 16 μg/m

(37 percent of the population in the areas with monitors).

This 16 μg/m

threshold is the low end of the range of long term average PM

2.5

concentrations in cities where statistically significant associations were found with serious health effects, including premature mortality.

To estimate the number of people who live in areas where long-term ambient fine particulate matter levels are at or above 16 μg/m

but for which there are no monitors, we can use modeling. According to our national modeled predictions, there were a total of 76 million people (1996 population) living in areas with modeled annual average PM

2.5

concentrations at or above 16 μg/m

(29 percent of the population).

Memorandum to Docket A-99-06 from Eric O. Ginsburg, Senior Program Advisor, “Summary of 1999 Ambient Concentrations of Fine Particulate Matter,” November 15, 2000. Air Docket A-2000-01, Document No. II-B-12.

http://www.epa.gov/ncea/partmatt.htm.

Memorandum to Docket A-99-06 from Eric O. Ginsburg, Senior Program Advisor, “Summary of Absolute Modeled and Model-Adjusted Estimates of Fine Particulate Matter for Selected Years,” December 6, 2000. Air Docket A-2000-01, Document No. II-B-14.

To estimate future PM

2.5

levels, we refer to the modeling performed in

conjunction with the final rule for our most recent heavy-duty highway engine and fuel standards, using EPA's Regulatory Model System for Aerosols and Deposition (REMSAD).

The most appropriate method of making these projections relies on the model to predict changes between current and future states. Thus, we have estimated future conditions only for the areas with current PM

2.5

monitored data (which cover about a third of the nation's counties). For these counties, REMSAD predicts the current level of 37 percent of the population living in areas where fine PM levels are at or above 16 μg/m

to increase to 49 percent in 2030.

Additional information about the Regulatory Model System for Aerosols and Deposition (REMSAD) and our modeling protocols can be found in our Regulatory Impact Analysis: Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements, document EPA420-R-00-026, December 2000. Docket No. A-2000-01, Document No. A-II-13. This document is also available at

http://www.epa.gov/otaq/disel.htm#documents.

Technical Memorandum, EPA Air Docket A-99-06, Eric O. Ginsburg, Senior Program Advisor, Emissions Monitoring and Analysis Division, OAQPS, Summary of Absolute Modeled and Model-Adjusted Estimates of Fine Particulate Matter for Selected Years, December 6, 2000, Table P-2. Docket Number 2000-01, Document Number II-B-14.

Emissions of HCs from snowmobiles contribute to secondary formation of fine particulate matter which can cause a variety of adverse health and welfare effects, including visibility impairment discussed in Section II.D.1(b) below. For 20 counties across nine states, snowmobile trails are found within or near counties that registered ambient PM 2.5 concentrations at or above 15 μg/m

, the level of the revised national ambient air quality standard for fine particles.

Fine particles may remain suspended for days or weeks and travel hundreds to thousands of kilometers, and thus fine particles emitted or created in one county may contribute to ambient concentrations in a neighboring county.

100

These counties are listed in Table II.B-2. To obtain the information about snowmobile trails contained in Table II.B-2, we consulted snowmobile trail maps that were supplied by various states.

101

Memo to file from Terence Fitz-Simons, OAQPS, Scott Mathias, OAQPS, Mike Rizzo, Region 5, “Analyses of 1999 PM Data for the PM NAAQS Review,” November 17, 2000, with attachment B, 1999 PM2.5 Annual Mean and 98th Percentile 24-Hour Average Concentrations. Docket No. A-2000-01, Document No. II-B-17.

100

Review of the National Ambient Air Quality Standards for Particulate Matter: Policy Assessment for Scientific and Technical Information, OAQPS Staff Paper, EPA-452/R-96-013, July, 1996, at IV-7.

101

The trail maps consulted for this proposal can be found in Docket No. A-2000-01, Document No. II-A-65.

Table II.B-2.—Counties With Annual PM

2.5

Levels Above 16

μg/m

and Snowmobile Trails

State and PM

2.5

exceedance county

County with snowmobile trails

Proximity to PM

2.5

exceedance county

Ohio:

Mahoning

Trumbull

Summit

Montgomery

Portage

Franklin

Delaware

Borders North.

Marshall/Ohio (WV)

Belmont

Borders West.

Montana

Lincoln

California:

Tulane

Butte

Fresno

Kern

Minnesota:

Washington

Wright

Wisconsin:

Waukesha

Milwaukee

Oregon:

Jackson

Douglas

Borders NNE.

Klamath

Douglas

Borders North.

Pennsylvania: Washington

Layette

Somerset.

Borders East.

Illinois: Rock Island

Rock Island

Henry

Borders East.

Iowa: Rock Island (IL)

Dubuque

Borders West.

We expect the PM control strategies contained in this proposal would further assist state efforts already underway to attain and maintain the PM NAAQS.

4. Health Effects Associated With Air Toxics

In addition to the human health and welfare impacts described above, emissions from the engines covered by this proposal also contain several other substances that are known or suspected human or animal carcinogens, or have serious noncancer health effects. These include benzene, 1,3-butadiene, formaldehyde, acetaldehyde, and acrolein. The health effects of these air toxics are described in more detail in Chapter 1 of the Draft Regulatory Support Document for this rule. Additional information can also be found in the Technical Support

Document for our final Mobile Source Air Toxics rule.

102

See our Mobile Source Air Toxics final rulemaking, 66 FR 17230, March 29, 2001, and the Technical Support Document for that rulemaking. Docket No. A-2000-01, Documents Nos. II-A-42 and II-A-30.

The hydrocarbon controls contained in this proposal are expected to reduce exposure to air toxics and therefore may help reduce the impact of these engines on cancer and noncancer health effects.

C. What Is the Inventory Contribution From the Nonroad Engines and Vehicles That Would Be Subject to This Proposal?

The contribution of emissions from the nonroad engines and vehicles that would be subject to the proposed standards to the national inventories of pollutants that are associated with the health and public welfare effects described in Section II.B are considerable. To estimate nonroad engine and vehicle emission contributions, we used the latest version of our NONROAD emissions model. This model computes nationwide, state, and county emission levels for a wide variety of nonroad engines, and uses information on emission rates, operating data, and population to determine annual emission levels of various pollutants. A more detailed description of the model and our estimation methodology can be found in the Chapter 6 of the Draft Regulatory Support Document.

Baseline emission inventory estimates for the year 2000 for the categories of engines and vehicles covered by this proposal are summarized in Table II.C-1. This table shows the relative contributions of the different mobile-source categories to the overall national mobile-source inventory. Of the total emissions from mobile sources, the categories of engines and vehicles covered by this proposal contribute about 13 percent, 3 percent, 6 percent, and 1 percent of HC, NO

, CO, and PM emissions, respectively, in the year 2000. The results for industrial SI engines indicate they contribute approximately 3 percent to HC, NO

, and CO emissions from mobile sources. 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 10 percent of HC emissions and 3 percent of CO from mobile sources. Recreational CI marine contribute less than 1 percent to NO

mobile source inventories. When only nonroad emissions are considered, the engines and vehicles that would be subject to the proposed standards would account for a larger share.

Our draft emission projections for 2020 for the nonroad engines and vehicles subject to this proposal show that emissions from these categories are expected to increase over time if left uncontrolled. The projections for 2020 are summarized in Table II.C-2 and indicate that the categories of engines and vehicles covered by this proposal are expected to contribute 33 percent, 9 percent, 9 percent, and 2 percent of HC, NO

, CO, and PM emissions in the year 2020. Population growth and the effects of other regulatory control programs are factored into these projections. The relative importance of uncontrolled nonroad engines is higher than the projections for 2000 because there are already emission control programs in place for the other categories of mobile sources which are expected to reduce their emission levels. The effectiveness of all control programs is offset by the anticipated growth in engine populations.

Table II.C-1.—Modeled Annual Emission Levels for Mobile-Source Categories in 2000

[Thousand short tons]

Category

Tons

Percent of mobile source

Tons

Percent of mobile source

Tons

Percent of mobile source

Tons

Percent of mobile source

Total for engines subject to proposed standards

552

8.9

2,055

33.4

8,404

9.4

11.4

1.8

Highway Motorcyles

0.2

144

2.3

569

0.6

0.8

0.1

Nonroad Industrial SI > 19 kW

486

7.8

348

5.7

2,991

3.3

2.4

0.4

Recreational SI

0.4

1,706

27.7

5,407

3.3

7.5

1.2

Recreation Marine CI

0.6

0.0

1.5

0.2

Marine SI Evap

0.0

102

1.4

0.0

Marine SI Exhaust

0.9

284

4.6

1,985

2.2

4.4

Nonroad SI < 19 kW

106

1.7

986

16.0

27,352

30.5

12.2

Nonroad CI

1,791

28.8

142

2.3

1,462

1.6

261

41.3

Commercial Marine CI

819

13.2

0.6

160

0.2

7.3

Locomotive

611

9.8

0.6

119

0.1

3.3

Total Nonroad

3,937

3,639

39,482

444

Total Highway

2,050

2,278

48,903

145

Aircraft

232

238

1,387

Total Mobile Sources

6,219

100

6,155

100

89,772

100

632

100

Total Man-Made Sources

16,195

16,215

113,440

3,016

Mobile Source percent of Total Man-Made Sources

D. Regional and Local-Scale Public Health and Welfare Effects

The previous section describes national-scale adverse public health effects associated with the nonroad engines and vehicles covered by this proposal. This section describes significant adverse health and welfare effects arising from the usage patterns of snowmobiles, Large SI engines, and gasoline marine engines on the regional and local scale. Studies suggest that emissions from these engines can be concentrated in specific areas, leading to elevated ambient concentrations of particular pollutants and associated elevated personal exposures to operators and by-standers. Recreational vehicles, and particularly snowmobiles, are typically operating in rural areas such as national parks and wilderness areas, and emissions from these vehicles contribute to ambient particulate matter which is a leading component of visibility impairment.

1. Health and Welfare Effects Related to Snowmobiles

In this section, we describe more localized human health and welfare effects associated with snowmobile emissions: visibility impairment and personal exposure to air toxics and CO. We describe the contribution of snowmobile HC emissions to secondary formation of fine particles, which are the leading component of visibility impairment and adverse health effects related to ambient PM2.5 concentrations greater than 16 ug/m3. We also discuss personal exposure to CO emissions and air toxics. Gaseous air toxics are components of hydrocarbons, and CO personal exposure measurements suggest that snowmobile riders and bystanders are exposed to unhealthy levels of gaseous air toxics (e.g., benzene) and CO.

a. Nonroad Engines and Regional Haze.

The Clean Air Act established special goals for improving visibility in many national parks, wilderness areas, and international parks. In the 1977 amendments to the Clean Air Act, Congress set as a national goal for visibility the “prevention of any future, and the remedying of any existing, impairment of visibility in mandatory class I Federal areas which impairment results from manmade air pollution” (CAA section 169A(a)(1)). The Amendments called for EPA to issue regulations requiring States to develop implementation plans that assure “reasonable progress” toward meeting the national goal (CAA Section 169A(a)(4)). EPA issued regulations in 1980 to address visibility problems that are “reasonably attributable” to a single source or small group of sources, but deferred action on regulations related to regional haze, a type of visibility impairment that is caused by the emission of air pollutants by numerous emission sources located across a broad geographic region. At that time, EPA acknowledged that the regulations were only the first phase for addressing visibility impairment. Regulations dealing with regional haze were deferred until improved techniques were developed for monitoring, for air quality modeling, and for understanding the specific pollutants contributing to regional haze.

In the 1990 Clean Air Act amendments, Congress provided additional emphasis on regional haze issues (see CAA section 169B). In 1999 EPA finalized a rule that calls for States to establish goals and emission reduction strategies for improving visibility in all 156 mandatory Class I national parks and wilderness areas. In that rule, EPA also encouraged the States to work together in developing and implementing their air quality plans. The regional haze program is designed to improve visibility and air quality in our most treasured natural areas. At the same time, control strategies designed to improve visibility in the national parks and wilderness areas will improve visibility over broad geographic areas.

Regional haze is caused by the emission from numerous sources located over a wide geographic area. Such sources include, but are not limited to, major and minor stationary sources, mobile sources, and area sources. Visibility impairment is caused by pollutants (mostly fine particles and precursor gases) directly emitted to the

atmosphere by several activities (such as electric power generation, various industry and manufacturing processes, truck and auto emissions, construction activities, etc.). These gases and particles scatter and absorb light, removing it from the sight path and creating a hazy condition.

Some fine particles are formed when gases emitted to the air form particles as they are carried downwind (examples include sulfates, formed from sulfur dioxide, and nitrates, formed from nitrogen oxides). These activities generally span broad geographic areas and fine particles can be transported great distances, sometimes hundreds or thousands of miles. Consequently, visibility impairment is a national problem. Without the effects of pollution a natural visual range is approximately 140 miles in the West and 90 miles in the East. However, fine particles have significantly reduced the range that people can see and in the West the current range is 33-90 miles and in the East it is only 14 to 24 miles.

Because of evidence that fine particles are frequently transported hundreds of miles, all 50 states, including those that do not have Class I areas, will have to participate in planning, analysis and, in many cases, emission control programs under the regional haze regulations. Even though a given State may not have any Class I areas, pollution that occurs in that State may contribute to impairment in Class I areas elsewhere. The rule encourages states to work together to determine whether or how much emissions from sources in a given state affect visibility in a downwind Class I area.

The regional haze program calls for states to establish goals for improving visibility in national parks and wilderness areas to improve visibility on the haziest 20 percent of days and to ensure that no degradation occurs on the clearest 20 percent of days. The rule requires states to develop long-term strategies including enforceable measures designed to meet reasonable progress goals. Under the regional haze program, States can take credit for improvements in air quality achieved as a result of other Clean Air Act programs, including national mobile-source programs.

Nonroad engines (including construction equipment, farm tractors, boats, planes, locomotives, recreational vehicles, and marine engines) contribute significantly to regional haze. This is because there are nonroad engines in all of the states, and their emissions contain precursors of fine PM and organic carbon that are transported and contribute to the formation of regional haze throughout the country and in Class I areas specifically. As illustrated in Table II.D-1, nonroad engines are expected to contribute 15 percent of national VOC emissions, 23 percent of national NO

emissions, 6 percent of national SOx emissions, and 14 percent of national PM10 emissions. Snowmobiles alone are estimated to emit 208,926 tons of total hydrocarbons (THC), 1,461 tons of NO

, 2,145 tons of SOx, and 5,082 tons of PM in 2007.

Table II.D-1.—National Emissions of Various Pollutants—2007

[Thousands short tons]

Source

VOC

Tons

Percent

Tons

Percent

Tons

Percent

Tons

Percent

Heavy-Duty Highway

413

2,969

115

Light-Duty Highway

2,596

2,948

Nonroad

2,115

4,710

1,027

407

Electric General

4,254

10,780

328

Point

1,639

3,147

3,796

1,007

Area

7,466

2,487

1,368

874

Total

14,265

20,516

17,019

2,814

b. Snowmobiles and Visibility Impairment.

As noted above, EPA issued regulations in 1980 to address Class I area visibility impairment that is “reasonably attributable” to a single source or small group of sources. In 40 CFR Part 51.301 of the visibility regulations, visibility impairment is defined as “any humanly perceptible change in visibility (light extinction, visual range, contrast, coloration) from that which would have existed under natural conditions.” States are required to develop implementation plans that include long-term strategies for improving visibility in each class I area. The long-term strategies under the 1980 regulations should consist of measures to reduce impacts from local sources and groups of sources that contribute to poor air quality days in the class I area. Types of impairment covered by these regulations includes layered hazes and visible plumes. While these kinds of visibility impairment can be caused by the same pollutants and processes as those that cause regional haze, they generally are attributed to a smaller number of sources located across a smaller area. The Clean Air Act and associated regulations call for protection of visibility impairment in class I areas from localized impacts as well as broader impacts associated with regional haze.

Visibility and particle monitoring data are available for 8 Class I areas where snowmobiles are commonly used. These are: Acadia, Boundary Waters, Denali, Mount Rainier, Rocky Mountain, Sequoia and Kings Canyon, Voyageurs, and Yellowstone.

103

Visibility and fine particle data for these parks are set out in Table II.D-2. This table shows the number of monitored days in the winter that fell within the 20-percent haziest days for each of these eight parks. Monitors collect data two days a week for a total of about 104 days of monitored values. Thus, for a particular site, a maximum of 21 worst possible days of these 104 days with monitored values constitute the set of 20-percent haziest days during a year which are tracked as the primary focus of regulatory efforts.

104

With the exception of Denali in Alaska, we defined the snowmobile season as January 1 through March 15 and December 15 through December 31 of the same calendar year, consistent with the methodology used in the Regional Haze Rule, which is calendar-year based. For Denali in

Alaska, the snowmobile season is October 1 to April 30. The Agency would be interested in comments from the public on the start and end dates for the typical snowmobile season at each of these national parks.

103

No data were available at five additional parks where snowmobiles are also commonly used: Black Canyon of the Gunnison, CO, Grant Teton, WY, Northern Cascades, WA, Theodore Roosevelt, ND, and Zion, UT.

104

Letter from Debra C. Miller, Data Analyst, National Park Service, to Drew Kodjak, August 22, 2001. Docket No. A-2000-01, Document Number. II-B-28.

Table II.D-2.—Winter Days That Fall Within the 20 Percent Haziest Days at National Parks Used by Snowmobiles

NPS Unit

State(s)

Number of sampled wintertime days within 20 percent haziest days

(maximum of 21 sampled days)

1996

1997

1998

1999

Acadia NP

Denali NP and Preserve

Mount Rainier NP

Rocky Mountain NP

Sequoia and Kings Canyon NP

Voyageurs NP (1989-1992)

1989

1990

1991

1992

—Boundary Waters USFS Wilderness Area (close to Voyaguers with recent data)

Yellowstone NP

ID, MT, WY

Source: Letter from Debra C. Miller, Data Analyst, National Park Service, to Drew Kodjak, August 22, 2001. Docket No. A-2000-01, Document Number. II-B-28.

The information presented in Table II.D-2 shows that visibility data support a conclusion that there are at least eight Class I Areas (7 in National Parks and one in a Wilderness Area) frequented by snowmobiles with one or more wintertime days within the 20-percent haziest days of the year. For example, Rocky Mountain National Park in Colorado was frequented by about 27,000 snowmobiles during the 1998-1999 winter. Of the monitored days characterized as within the 20-percent haziest monitored days, two (2) of those days occurred during the wintertime when snowmobile emissions such as hydrocarbons contributed to visibility impairment. According to the National Park Service, “[s]ignificant differences in haziness occur at all eight sites between the averages of the clearest and haziest days. Differences in mean standard visual range on the clearest and haziest days fall in the approximate range of 115-170 km.”

105

Letter from Debra C. Miller, Data Analyst, National Park Service, to Drew Kodjak, August 22, 2001. Docket No. A-2000-01, Document Number. II-B-28.

Ambient concentrations of fine particles are the primary pollutant responsible for visibility impairment. Five pollutants are largely responsible for the chemical composition of fine particles: sulfates, nitrates, organic carbon particles, elemental carbon, and crustal material. Hydrocarbon emissions from automobiles, trucks, snowmobiles, and other industrial processes are common sources of organic carbon. The organic carbon fraction of fine particles ranges from 47 percent in Western areas such as Denali National Park, to 28 percent in Rocky Mountain National Park, to 13 percent in Acadia National Park.

106

Letter from Debra C. Miller, Data Analyst, National Park Service, to Drew Kodjak, August 22, 2001. Docket No. A-2000-01, Document Number. II-B-28.

The contribution of snowmobiles to elemental carbon and nitrates is small. Their contribution to sulfates is a function of fuel sulfur and is small and will decrease even more as the sulfur content of their fuel decreases due to our recently finalized fuel sulfur requirements. In the winter months, however, hydrocarbon emissions from snowmobiles can be significant, as indicated in Table II.D-3, and these HC emissions can contribute significantly to the organic carbon fraction of fine particles which are largely responsible for visibility impairment. This is because they are typically powered by two-stroke engines that emit large amounts of hydrocarbons. In Yellowstone, a park with high snowmobile usage during the winter months, snowmobile hydrocarbon emissions can exceed 500 tons per year, as much as several large stationary sources. Other parks with less snowmobile traffic are less impacted by these hydrocarbon emissions.

107

Technical Memorandum, Aaron Worstell, Environmental Engineer, National Park Service, Air Resources Division, Denver, Colorado, particularly Table 1. Docket No. A-2000-01, Document Number II-G-178.

Table II.D-3 shows modeled tons of four pollutants during the winter season in five Class I national parks for which we have estimates of snowmobile use. The national park areas outside of Denali in Alaska are open to snowmobile operation in accordance with special regulations (36 CFR Part 7). Denali National Park permits snowmobile operation by local rural residents engaged in subsistence uses (36 CFR Part 13). Emission calculations are based on an assumed 2 hours of use per snowmobile visit at 16 hp with the exception of Yellowstone where 4 hours of use at 16 hp was assumed. The emission factors used to estimate these emissions are identical to those used by the NONROAD model. Two-stroke snowmobile emission factors are: 111 g/hp-hr HC, 296 g/hp-hr CO, 0.86 g/hp-hr NO

, and 2.7 g/hp-hr PM. These emission factors are based on several engine tests performed by the International Snowmobile Manufacturers Association (ISMA) and the Southwest Research Institute (SwRI). These emission factors are still under review, and the emissions estimates may change pending the outcome of that review.

Table II.D-3.—Winter Season Snowmobile Emissions

[Tons; 1999 Winter Season]

NPS unit

Denali NP & Preserve

>9.8

>26.1

>0.08

>0.24

Grand Teton NP

13.7

36.6

0.1

0.3

Rocky Mountain NP

106.7

284.7

0.8

2.6

Voyageurs NP

138.5

369.4

1.1

3.4

Yellowstone NP

492.0

1,311.9

3.8

12.0

Source: Letter from Aaron J. Worstell, Environmental Engineer, National Park Service, Air Resources Division, to Drew Kodjak, August 21, 2001, particularly Table 1. Docket No. A-2000-01, Document No. II-G-178.

Inventory analysis performed by the National Park Service for Yellowstone National Park suggests that snowmobile emissions can be a significant source of total annual mobile source emissions for the park year round. Table II.D-4 shows that in the 1998 winter season snowmobiles contributed 64 percent, 39 percent, and 30 percent of HC, CO, and PM emissions.

108

It should be noted that the snowmobile emission factors used to estimate these contributions are currently under review, and the snowmobile emissions may be revised down. However, when the emission factors used by EPA in its NONROAD model are used, the contribution of snowmobiles to total emissions in Yellowstone remains significant: 59 percent, 33 percent, and 45 percent of HC, CO and PM emissions. The University of Denver used remote-sensing equipment to estimate snowmobile HC emissions at Yellowstone during the winter of 1998-1999, and estimated that snowmobiles contribute 77% of annual hydrocarbon emissions at the park.

109

The portion of wintertime emissions attributable to snowmobiles is even higher, since all snowmobile emissions occur during the winter months.

108

National Park Service, February 2000. Air Quality Concerns Related to Snowmobile Usage in National Parks. Air Docket A-2000-01, Document No. II-A-44.

109

G. Bishop, et al., Snowmobile Contributions to Mobile Source Emissions in Yellowstone National Park, Environmental Science and Technology, Vol. 35, No. 14, at 2873. Docket No. A-2000-01, Document No. II-A-47.

Table II.D-4.—1998 Annual HC Emissions (tpy), Yellowstone National Park

Source:

Coaches

2.69

24.29

0.42

0.01

Autos

307.17

33%

2,242.12

54%

285.51

88%

12.20

60%

RVs

15.37

269.61

24.33

0.90

Snowmobiles

596.22

64%

1,636.44

39%

1.79

6.07

30%

Buses

4.96

18.00

13.03

1.07

Total

926.4

4,190.46

325.08

20.25

Source: National Park Service, February 2000. Air Quality Concerns Related to Snowmobile Usage in National Parks. Air Docket A-2000-01, Document No. II-A-44.

The information presented in this discussion indicates that snowmobiles are significant emitters of pollutants that are known to contribute to visibility impairment in some Class I areas. Annual and particularly wintertime hydrocarbon emissions from snowmobiles are high in the five parks considered in Table II.D-4, with two parks having HC emissions nearly as high as Yellowstone (Rocky Mountain and Voyageurs). The proportion of snowmobile emissions to emissions from other sources affecting air quality in these parks is likely to be similar to that in Yellowstone.

c. Snowmobiles and personal exposure to air toxics and CO.

Snowmobile users can be exposed to high air toxic and CO emissions, both because they sit very close to the vehicle's exhaust port and because it is common for them to ride their vehicles on groomed trails where they travel fairly close behind other snowmobiles. Because of these riding patterns, snowmobilers breathe exhaust emissions from their own vehicle, the vehicle directly in front, as well as those farther up the trail. This can lead to relatively high personal exposure levels of harmful pollutants. A study of snowmobile rider CO exposure conducted at Grand Teton National Park showed that a snowmobiler riding at distances of 25 to 125 feet behind another snowmobiler and traveling at speeds from 10 to 40 mph can be exposed to average CO levels ranging from 0.5 to 23 ppm, depending on speed and distance. The highest CO level measured in this study was 45 ppm, as compared to the current 1-hour NAAQS for CO of 35 ppm.

110

While exposure levels can be less if a snowmobile drives 15 feet off the centerline of the lead snowmobile, the exposure levels are still of concern. This study led to the development of an empirical model for predicting CO exposures from riding behind snowmobiles.

110

Snook and Davis, 1997, “An Investigation of Driver Exposure to Carbon Monoxide While Traveling Behind Another Snowmobile.” Docket No. A-2000-01, Document Number II-A-35.

Hydrocarbon speciation for snowmobile emissions was performed for the State of Montana in a 1997 report.

111

Using the empirical model for CO from the Grand Teton exposure study with benzene emission rates from the State of Montana's emission study, benzene exposures for riders driving behind a single snowmobile were predicted to range from 1.2E+02 to 1.4E+03 μg/m3. Using the same model to predict exposures when riding at the end of a line of six snowmobiles spaced 25 feet apart yielded exposure predictions of 3.5E+03, 1.9E+03,

1.3E+03, and 1.2E+03 μg/m3 benzene. at 10, 20, 30, and 40 mph, respectively.

111

Emissions from Snowmobile Engines Using Bio-based Fuels and Lubricants, Southwest Research Institute, August, 1997, at 22. Docket No. A-2000-01, Document Number II-A-50.

The cancer risk posed to those exposed to benzene emissions from snowmobiles must be viewed within the broader context of expected lifetime benzene exposure. Observed monitoring data and predicted modeled values demonstrate that a significant cancer risk already exists from ambient concentrations of benzene for a large portion of the US population. The Agency's 1996 National-Scale Air Toxics Assessment of personal exposure to ambient concentrations of air toxic compounds emitted by outside sources (e.g. cars and trucks, power plants) found that benzene was among the five air toxics that appear to pose the greatest risk to people nationwide. This national assessment found that for approximately 50% of the US population in 1996, the inhalation cancer risks associated with benzene exceeded 10 in one million. Modeled predictions for ambient benzene from this assessment correlated well with observed monitored concentrations of benzene ambient concentrations.

Specifically, the draft National-Scale Assessment predicted nationwide annual average benzene exposures from outdoor sources to be 1.4 μg/m3.

112

In comparison, snowmobile riders and those directly exposed to snowmobile exhaust emissions had predicted benzene levels two to three orders of magnitude greater than the 1996 national average benzene concentrations.

113

These elevated levels are also known as air toxic “hot spots,” which are of particular concern to the Agency. Thus, total annual average exposures to typical ambient benzene concentrations combined with elevated short-term exposures to benzene from snowmobiles may pose a significant risk of adverse public health effects to snowmobile riders and those exposed on a frequent basis to exhaust benzene emissions from snowmobiles. We request comment on this issue.

112

National-Scale Air Toxics Assessment for 1996, EPA-453/R-01-003, Draft, January 2001.

113

Technical Memorandum, Chad Bailey, Predicted benzene exposures and ambient concentrations on and near snowmobile trails, August 17, 2001. Air Docket A-2000-01, Document No. II-B-27.

Since snowmobile riders often travel in large groups, the riders towards the back of the group are exposed to the accumulated exhaust of those riding ahead. These exposure levels can continue for hours at a time. An additional consideration is that the risk to health from CO exposure increases with altitude, especially for unacclimated individuals. Therefore, a park visitor who lives at sea level and then rides his or her snowmobile on trails at high-altitude is more susceptible to the effects of CO than local residents.

In addition to snowmobilers themselves, people who are active in proximity to the areas where snowmobilers congregate may also be exposed to high CO levels. An OSHA industrial hygiene survey reported a peak CO exposure of 268 ppm for a Yellowstone employee working at an entrance kiosk where snowmobiles enter the park. This level is greater than the NIOSH peak recommended exposure limit of 200 ppm. OSHA's survey also measured employees' exposures to several air toxics. Benzene exposures in Yellowstone employees ranged from 67-600 μg/m3, with the same individual experiencing highest CO and benzene exposures. The highest benzene exposure concentrations exceeded the NIOSH Recommended Exposure Limit of 0.1 ppm for 8-hour exposures.

114

U.S. Department of Labor, OSHA, Billings Area Office, “Industrial Hygiene Survey of Park Employee Exposures During Winter Use at Yellowstone National Park,” February 19 through February 24, 2000. Docket No. A-2000-01, Document Number II-A-37; see also Industrial Hygiene Consultation Report prepared for Yellowstone National Park by Tim Radtke, CIH, Industrial Hygienist, June 1997. Docket A-2000-01, Document No. A-II-41.

d. Summary.

For all of the reasons described in this section, we continue to believe it is appropriate to set emission standards for snowmobiles. At the national level, these engines contribute to CO levels in several nonattainment areas. Snowmobiles contribute significantly to hydrocarbon emissions that are known to contribute to visibility impairment in Class I areas. In addition, snowmobilers riding in a trail formation, as well as park attendants and other bystanders can experience very high levels of CO and benzene for relatively long periods of time. The proposed standards will help reduce these emissions and help alleviate these concerns.

2. Recreational Marine

As with snowmobiles, the usage patterns of recreational marine engine can lead to high personal exposure levels, particularly for CO emissions. The U.S. Coast Guard reported cases of CO poisoning caused by recreational boat usage.

115

These Coast Guard investigations into recreational boating accident reports between 1989 to1998 show that 57 accidents were reported, totaling 87 injuries and 32 fatalities, that involved CO poisoning. An article in the Journal of the American Medical Association also discusses CO poisoning among recreational boat users.

116

This study reports 21 incidences of CO poisoning from sterndrive and inboard engines; two-thirds of these incidences occurred when the boat was cruising.

115

Summarized in an e-mail from Phil Cappel of the U.S. Coast Guard to Mike Samulski of the U.S. Environmental Protection Agency, October 19, 2000. Docket A-2000-01, Document No. II-A-46.

116

Silvers, S., Hampton, N., “Carbon Monoxide Poisoning Among Recreational Boaters,” JAM, November 22/29, 1995, Vol 274, No. 20. Docket A-2000-01, Document No. 11-A-45.

The CO exposure to boaters comes from three general sources. First, CO may enter the engine compartment and cabin spaces from leaks in the exhaust system. Second, boaters may be exposed to CO if they are near the engine when it is idling such as swimming behind the boat. Third, CO may be drawn into the boat when it is cruising due to a back draft of air into the boat known as the “station wagon effect.”

117

United States Coast Guard, “Boating Safety Circular 64,” December 1986. Docket A-2000-01, Document No. II-A-43.

3. Large SI Engines

Exhaust emissions from applications with significant indoor use can expose individual operators or bystanders to dangerous levels of pollution. Forklifts, ice-surfacing machines, sweepers, and carpet cleaning equipment are examples of large industrial spark-ignition engines that often operate indoors or in other confined spaces. Forklifts alone account for over half of the engines in this category. Indoor use may include extensive operation in a temperature-controlled environment where ventilation is kept to a minimum (for example, for storing, processing, and shipping produce).

The principal concern for human exposure relates to CO emissions. One study showed several forklifts operating on liquefied petroleum gas (LPG) with measured CO emissions ranging from 10,000 to 90,000 ppm (1 to 9 percent).

118

The threshold limit value for a time-weighted average 8-hour workplace exposure set by the American Conference of Governmental Industrial Hygienists is 25 ppm. The recommended limit adopted by the National Institute for Occupational Safety and Health is 35 ppm for 8-hour exposure and maximum instantaneous exposure of 200 ppm. While these lower numbers refer to ambient concentrations, the very high documented exhaust concentrations

would quickly exceed the ambient levels in any operation in enclosed areas without extraordinary ventilation.

118

“Warehouse Workers' Headache, Carbon Monoxide Poisoning from Propane-Fueled Forklifts,” Thomas A. Fawcett, et al, Journal of Occupational Medicine, January 1992, p.12. Docket A-2000-01, Document No. II-A-36.

Large SI engines operating on any fuel can have very high CO emission levels. While our emission modeling estimates a significantly lower emission rate for engines fueled by LPG relative to gasoline, the study described above shows clearly that individual engines that should have low CO emissions can, through maladjustment or normal degradation, reach dangerous emission levels.

Additional exposure concerns occur at ice rinks. Numerous papers have identified ice-surfacing machines with spark-ignition engines as the source of dangerous levels of CO and NO

, both for skaters and for spectators.

119

This is especially problematic for skaters, who breathe air in the area where pollutant concentration is highest, with higher respiration rates resulting from their high level of physical activity. This problem has received significant attention from the medical community.

119

“Summary of Medical Papers Related to Exhaust Emission Exposure at Ice Rinks,” EPA Memorandum from Alan Stout to Docket A-2000-01. Docket A-2000-01, Document No. II-A-38.

In addition to CO emissions, HC emissions from all Large SI engines can lead to increased exposure to harmful pollutants, particularly air toxic emissions. Since many gasoline or dual-fuel engines are in forklifts that operate indoors, reducing evaporative emissions could have additional health benefits to operators and other personnel. Fuel vapors can also cause odor problems.

III. Nonroad: General Concepts

This section describes general concepts concerning the proposed emission standards and the ways in which a manufacturer would show compliance with these standards. Clean Air Act Section 213 requires us to set standards that achieve the greatest degree of emission reduction achievable through the application of technology that will be available, giving appropriate consideration to cost, noise, energy, and safety factors. In addition to emission standards, this document describes a variety of proposed requirements such as applying for certification, labeling engines, and meeting warranty requirements to define a process for implementing the proposed emission-control program in an effective way.

The discussions in this section are general and are meant to cover all the nonroad engines and vehicles that would be subject to the proposed standards. Refer to the discussions of specific engine programs, contained in Sections IV through VI, for more information about specific requirements for different categories of nonroad engines and vehicles. We request comment on all aspects of these general program provisions.

This section describes general nonroad provisions related to certification prior to sale or introduction into commerce. Section VII describes several proposed compliance provisions that apply generally to nonroad engines, and Section VIII similarly describes general testing provisions.

A. Scope of Application

As noted in Section I.C.1, this proposal covers recreational marine diesel engines, nonroad industrial SI engines rated over 19 kW, and recreational vehicles introduced into commerce in the United States. The following sections describe generally when emission standards apply to these products. Refer to the specific program discussion below for more information about the scope of application and timing of the proposed standards.

1. Do the Standards Apply to All Engines and Vehicles or Only to New Engines and Vehicles?

The scope of this proposal is broadly set by Clean Air Act section 213(a)(3), which instructs us to set emission standards for new nonroad engines and new nonroad vehicles. Generally speaking, the proposed rule is intended to cover all new engines and vehicles in the categories listed above (including any associated equipment or vessels).

120

Once the emission standards apply to a group of engines or vehicles, manufacturers must get a certificate of conformity from us before selling them in the United States.

121

This includes importation and any other means of introducing engines and vehicles into commerce. We also require equipment manufacturers that install engines from other companies to install only certified engines once emission standards apply. The certificate of conformity (and corresponding engine label) provide assurance that manufacturers have met their obligation to make engines that meet emission standards over the useful life we specify in the regulations.

120

For some categories, we are proposing vehicle-based or vessel-based standards. In these cases, the term “engine” in this document applies equally to the vehicles or vessels.

121

The term “manufacturer” includes any individual or company introducing engines into commerce in the United States.

2. How Do I Know if My Engine or Equipment Is New?

We are proposing to define “new” consistent with previous rulemakings. Under the proposed definition, a nonroad engine (or nonroad equipment) is considered new until its title has been transferred to the ultimate purchaser or the engine has been placed into service. This proposed definition would apply to both engines and equipment, so the nonroad equipment using these engines, including all-terrain vehicles, snowmobiles, off-highway motorcycles, and other land-based nonroad equipment would be considered new until their title has been transferred to an ultimate buyer. In Section III.B.1 we describe how to determine the model year of individual engines and vehicles.

To further clarify the proposed definition of new nonroad engine, we are proposing to specify that a nonroad engine, vehicle, or equipment is placed into service when it is used for its intended purpose. We are therefore proposing that an engine subject to the proposed standards is used for its functional purpose when it is installed on an all-terrain vehicle, snowmobile, off-highway motorcycle, marine vessel, or other piece of nonroad equipment. We need to make this clarification because some engines are made by modifying a highway or land-based nonroad engine that has already been installed on a vehicle or other piece of equipment. For example, someone can install an engine in a recreational marine vessel after it has been used for its functional purpose as a land-based highway or nonroad engine. We believe this is a reasonable approach because the practice of adapting used highway or land-based nonroad engines may become more common if these engines are not subject to the standards in this proposal.

In summary, an engine would be subject to the proposed standards if it is:

• Freshly manufactured, whether domestic or imported; this may include engines produced from engine block cores

• Installed for the first time in nonroad equipment after having powered a car or a category of nonroad equipment subject to different emission standards

• Installed in new nonroad equipment, regardless of the age of the engine

• Imported (new or used)

3. When Do Imported Engines Need To Meet Emission Standards?

The proposed emission standards would apply to all new engines that are used in the United States. According to

Clean Air Act section 216, “new” includes engines that are imported by any person, whether freshly manufactured or used. Thus, the proposed program would include engines that are imported for use in the United States, whether they are imported as loose engines or if they are already installed on a marine vessel, recreational vehicle, or other piece of nonroad equipment, built elsewhere. All imported engines would need an EPA-issued certificate of conformity to clear customs, with limited exemptions (as described below).

If an engine or marine vessel, recreational vehicle, or other piece of nonroad equipment that was built after emission standards take effect is imported without a currently valid certificate of conformity, we would still consider it to be a new engine, vehicle, or vessel. This means it would need to comply with the applicable emission standards. Thus, for example, a marine vessel manufactured in a foreign country in 2007, then imported into the United States in 2010, would be considered “new.” The engines on that piece of equipment would have to comply with the requirements for the 2007 model year, assuming no other exemptions apply. This provision is important to prevent manufacturers from avoiding emission standards by building vessels abroad, transferring their title, and then importing them as used vessels.

With regard to recreational vehicles, the United States Customs Service currently allows foreign nationals traveling with their personal automobiles, trailers, aircraft, motorcycles, or boats to import such vehicles without having to pay a tariff, so long as they are used in the United States only for the transportation of such person.

122

We propose to use this approach in our regulation of emissions from recreational vehicles (snowmobiles, off-highway motorcycles, and all-terrain vehicles). We propose to allow noncompliant recreational vehicles that are the personal property of foreign nationals to be imported into the United States as long as the foreign national bringing them into the country intends to use them only for his or her recreational purposes and they are not left here when the person leaves the country (they are either taken back or destroyed). In other words, such recreational vehicles would not be considered “new” for the purpose of determining whether they must comply with the proposed emission limits. We propose that a time limit of one year on this exemption so that recreational vehicles imported for more than that period of time would be considered imported, and therefore “new” and subject to the proposed emission limits. We are also proposing that this time period cannot be extended. This time limit is designed to prevent a person from using the exemption to effectively circumvent the standards.

122

Harmonized Tariff Schedule of the United States (2001) (Rev. 1), subheading 9804.00.35. A copy of this document is included in Air Docket A-2000-01, at Document No. II-A-82.

This exemption generally would not apply to any commercial engines that would be subject to emission standards. To import noncomplying engines for commercial applications, the importer would have to meet the requirements for a different exemption, as described in Section VII.

4. Do the Standards Apply to Exported Engines or Vehicles?

Engines or vehicles intended for export would generally not be subject to the requirements of the proposed emission-control program. However, engines that are exported and subsequently re-imported into the United States would need to be certified. For example, this would be the case when a foreign company purchases engines manufactured in the United States for installation on a marine vessel, recreational vehicle, or other nonroad equipment for export back to the United States. Those engines would be subject to the emission standards that apply on the date the engine was originally manufactured. If the engine is later modified and certified (or recertified), the engine is subject to emission standards that apply on the date of the modification. So, for example, foreign boat builders buying U.S.-made engines without recertifying the engines will need to make sure they purchase complying engines for the products they sell in the U.S.

5. Are There Any New Engines or Vehicles That Would Not Be Covered?

We are proposing to extend our basic nonroad exemptions to the engines and vehicles covered by this proposal. These include the testing exemption, the manufacturer-owned exemption, the display exemption, and the national security exemption. These exemptions are described in more detail in Section VII.C.

In addition, the Clean Air Act does not consider stationary engines or engines used solely for competition to be nonroad engines, so the proposed emission standards do not apply to them. Refer to the program discussions below for a discussion of how these exclusions apply for different categories of engines.

B. Emission Standards and Testing

1. How Does EPA Determine the Emission Standards?

Our general goal in designing the proposed standards is to develop a program that will achieve significant emission reductions. We are guided by Clean Air Act section 213(a)(3), which instructs us to “achieve the greatest degree of emission reduction achievable through the application of technology the Administrator determines will be available for the engines or vehicles to which such standards apply, giving appropriate consideration to the cost of applying such technology within the period of time available to manufacturers and to noise, energy, and safety factors associated with the application of such technology.” The Act also instructs us to first consider standards equivalent in stringency to standards for comparable motor vehicles or engines (if any) regulated under section 202, taking into consideration technological feasibility, costs, and other factors.

Engines subject to the proposed exhaust emission standards would have to meet the standards based on measured emissions of specified pollutants such as NO

, HC, or CO, though not all engines will have standards for each pollutant. Diesel engines generally must also meet a PM emission standard. In addition, there may be requirements for crankcase or evaporative emissions, as described below.

The proposed emission standards would be effective on a model-year basis. We are proposing to define model year much like we do for passenger cars. It would generally mean either the calendar year or some other annual production period based on the manufacturer's production practices. For example, manufacturers could start selling 2006 model year engines as early as January 2, 2005, as long as the production period extends until at least January 1, 2006. All of a manufacturer's engines from a given model year would have to meet emission standards for that model year. For example, manufacturers producing new engines in the 2006 model year would need to comply with the 2006 standards. Refer to the individual program discussions below or the regulations for additional information about model year periods, including how to define what model year means in less common scenarios, such as installing used engines in new equipment.

2. What Standards Would Apply to Crankcase and Evaporative Emissions?

Due to blow-by of combustion gases and the reciprocating action of the piston, exhaust emissions can accumulate in the crankcase of four-stroke engines. Uncontrolled engine designs route these vapors directly to the atmosphere, where they contribute to ambient levels of these pollutants. We have long required that automotive engines prevent emissions from their crankcases. Manufacturers generally do this by routing crankcase vapors through a valve into the engine's air intake system. We are proposing to require that engines prevent crankcase emissions. We request comment on this proposed requirement for individual types of engines, as described in those sections below.

For industrial spark-ignition engines, we are proposing standards to limit evaporative emissions. Evaporative emissions result from heating gasoline (or other volatile fuels) in a tank that is vented to the atmosphere. See Section IV for additional information.

3. What Duty Cycles Is EPA Proposing for Emission Testing?

Testing an engine for exhaust emissions typically consists of exercising it over a prescribed duty cycle of speeds and loads, typically using an engine or chassis dynamometer. The duty cycle used to measure emissions for certification, which simulates operation in the field, is critical in evaluating the likely emissions performance of engines designed to emission standards.

Steady-state testing consists of engine operation for an extended period at several speed-load combinations. Associated with these test points are weighting factors that allow calculation of a single weighted-average steady-state emission level in g/kW. Transient testing involves a continuous trace of specified engine or vehicle operation; emissions are collected over the whole testing period for a single mass measurement.

See Section VIII.C for a discussion of how we define maximum test speed and intermediate speed for engine testing. Refer to the program discussions below for more information about the type of duty cycle required for testing the various engines and vehicles.

4. How Do Adjustable Engine Parameters Affect Emission Testing?

Many engines are designed with components that can be adjusted for optimum performance under changing conditions, such as varying fuel quality, high altitude, or engine wear. Examples of adjustable parameters include spark timing, idle speed setting, and fuel injection timing. While we recognize the need for this practice, we are also concerned that engines maintain a consistent level of emission control for the whole range of adjustability. We are therefore proposing to require manufacturers to show that their engines meet emission standards over the full adjustment range.

Manufacturers would also have to provide a physical stop to prevent adjustment outside the established range. Operators would then be prohibited by the anti-tampering provisions from adjusting engines outside this range. Refer to the proposed regulatory text for more information about adjustable engine parameters. See especially the proposed sections 40 CFR 1048.115 for industrial SI engines and 40 CFR 1051.115 for recreational vehicles.

5. What Are Voluntary Low-Emission Engines and Blue Sky Standards?

Several state and environmental groups and manufacturers of emission controls have supported our efforts to develop incentive programs to encourage the use of engine technologies that go beyond federal emission standards. Some companies have already significantly developed these technologies. In the final rule for land-based nonroad diesel engines, we included a program of voluntary standards for low-emitting engines, referring to these as “Blue Sky Series” engines (63 FR 56967, October 23, 1998). We included similar programs in several of our other nonroad rules, including commercial marine diesel. The general purposes of such programs are to provide incentives to manfuacturers to produce clean products as well as create market choices and opportunities for environmental information for consumers regarding such products. The voluntary aspects of these programs, which in part provides an incentive for manufacturers willing to certify their products to more stringent standards than necessary, is an important part of the overall application of “Blue Sky Series” programs.

We are proposing voluntary Blue Sky Series standards for many of the engines subject to this proposal. Creating a program of voluntary standards for low-emitting engines, including testing and durability provisions to help ensure adequate in-use performance, will be a step forward in advancing emission-control technologies. While these are voluntary standards, they become binding once a manufacturer chooses to participate. EPA certification will therefore provide protection against false claims of environmentally beneficial products. For the program to be most effective, however, incentives should be in place to motivate the production and sale of these engines. We solicit ideas that could encourage the creation of these incentive programs by users and state and local governments. We also request comment on additional measures we could take to encourage development and introduction of these engines. Finally, we request comment on the Blue Sky Series approach in general as it would apply to the engines covered by this proposed rule.

C. Demonstrating Compliance

We are proposing a compliance program to accompany emission standards. This consists first of a process for certifying engine models. In addition to certification testing, we are proposing several provisions to ensure that emission-control systems continue to function over long-term operation in the field. Most of these certification and durability provisions are consistent with previous rulemakings for other nonroad engines. Refer to the discussion of the specific programs below for additional information about these requirements for each engine category.

1. How Would I Certify My Engines?

We are proposing a certification process similar to that already adopted for other engines. Manufacturers generally test representative prototype engines and submit the emission data along with other information to EPA in an application for a Certificate of Conformity. If we approve the application, then the manufacturer's Certificate of Conformity allows the manufacturer to produce and sell the engines described in the application in the U.S.

We are proposing that manufacturers certify their engine models by grouping them into engine families. Under this approach, engines expected to have similar emission characteristics would be classified in the same engine family. The engine family definition is fundamental to the certification process and to a large degree determines the amount of testing required for certification. The proposed regulations include specific engine characteristics for grouping engine families for each category of engines. To address a manufacturer's unique product mix, we may approve using broader or narrower engine families.

Engine manufacturers are generally responsible to build engines that meet the emission standards over each engine's useful life. The useful life we adopt by regulation is intended to reflect the period during which engines are designed to properly function without being remanufactured. Useful life values, which are expressed in terms of years or amount of operation (in hours or kilometers), vary by engine category, as described in the following sections. Consistent with other recent EPA programs, we would generally consider this useful life value in amount of operation to be a minimum value and would require manufacturers to comply for a longer period in those cases where they design their engines to operate longer than the minimum useful life. As proposed, manufacturers would be required to estimate the rate of deterioration for each engine family over its useful life. Manufacturers would show that each engine family meets the emission standards after incorporating the estimated deterioration in emission control.

The emission-data engine is the engine from an engine family that will be used for certification testing. To ensure that all engines in the family meet the standards, we are proposing that manufacturers select the engine most likely to exceed emission standards in a family for certification testing. In selecting this “worst-case” engine, the manufacturer uses good engineering judgment. Manufacturers would consider, for example, all engine configurations and power ratings within the engine family and the range of installed options allowed). Requiring the worst-case engine to be tested ensures that all engines within the engine family are complying with emission standards.

We are proposing to require manufacturers to include in their application for certification the results of all emission tests from their emission-data engines, including any diagnostic-type measurements (such as ppm testing) and invalidated tests. This complete set of test data ensures that the valid tests that form the basis of the manufacturer's application are a robust indicator of emission-control performance, rather than a spurious or incidental test result. We request comment on these data-reporting requirements.

Clean Air Act section 206(h) specifies that test procedures for certifying engines (including the test fuel) should adequately represent in-use operation. We are proposing test fuel specifications intended to represent in-use fuels. Engines would have to meet the standards on fuels with properties anywhere in the range of proposed test fuel specifications. The test fuel is generally to be used for all testing associated with the regulations proposed in this document, including certification, production-line testing, and in-use testing. Refer to the program discussions below for a discussion of the test fuel proposed for different categories of engines.

We are proposing to require engine manufacturers to give engine buyers instructions for properly maintaining their engines. We are including limitations on the frequency of scheduled maintenance that a manufacturer may specify for emission-related components to help ensure that emission-control systems don't depend on an unreasonable expectation of maintenance in the field. These maintenance limits would also apply during any service accumulation that a manufacturer may do to establish deterioration factors. This approach is common to all our engine programs. It is important to note, however, that these provisions would not limit the maintenance an operator could perform. It would merely limit the maintenance that operators would be expected to perform on a regularly scheduled basis. Refer to the discussion of the specific programs below for additional information about the allowable maintenance intervals for each category of engines.

Once an engine family is certified, we would require every engine a manufacturer produces from the engine family to have an engine label with basic identifying information. We request comment on the proposed requirements for the design and content of engine labels, which are detailed in § 1048.135 and § 1051.135 of the proposed regulation text.

2. What Warranty Requirements Apply to Certified Engines?

Consistent with our current emission-control programs, we are proposing that manufacturers provide a design and defect warranty covering emission-related components. As required by the Clean Air Act, the proposed regulations would require that the warranty period must be longer than the minimum period we specify if the manufacturer offers a longer mechanical warranty for the engine or any of its components; this includes extended warranties that are available for an extra price. See the proposed regulation language for a description of which components are emission-related.

If an operator makes a valid warranty claim for an emission-related component during the warranty period, the engine manufacturer is generally obligated to replace the component at no charge to the operator. The engine manufacturer may deny warranty claims if the operator failed to do prescribed maintenance that contributed to the warranty claim.

We are also proposing a defect reporting requirement that applies separate from the emission-related warranty (see Section VII.F). In general, defect reporting applies when a manufacturer discovers a pattern of component failures, whether that information comes from warranty claims, voluntary investigation of product quality, or other sources.

3. Can I Meet Standards With Emission Credits?

Many of our emission-control programs have a voluntary emission-credit program to facilitate implementation of emission controls. An emission-credit program is an important factor we take into consideration in setting emission standards that are appropriate under Clean Air Act section 213. An emission-credit program can reduce the cost and improve the technological feasibility of achieving standards, helping to ensure the attainment of the standards earlier than would otherwise be possible. Manufacturers gain flexibility in product planning and the opportunity for a more cost-effective introduction of product lines meeting a new standard. Emission-credit programs also create an incentive for the early introduction of new technology, which allows certain engine families to act as trailblazers for new technology. This can help provide valuable information to manufacturers on the technology before they apply the technology throughout their product line. This early introduction of clean technology improves the feasibility of achieving the standards and can provide valuable information for use in other regulatory programs that may benefit from similar technologies.

Emission-credit programs may involve averaging, banking, or trading. Averaging would allow a manufacturer to certify one or more engine families at emission levels above the applicable emission standards, as long as the increased emissions are offset by one or more engine families certified below the applicable standards. The over-complying engines generate credits that are used by the under-complying engines. Compliance is determined on a total mass emissions basis to account for differences in production volume, power and useful life among engine families. The average of all emissions

for a particular manufacturer's production must be at or below that level of the applicable emission standards. This calculation generally factors in sales-weighted average power, production volume, useful life, and load factor. Banking and trading would allow a manufacturer to generate emission credits and bank them for future use in its own averaging program in later years or sell them to another company.

In general, a manufacturer choosing to participate in an emission-credit program would certify each participating engine family to a Family Emission Limit. In its certification application, a manufacturer would determine a separate Family Emission Limit for each pollutant included in the emission-credit program. The Family Emission Limit selected by the manufacturer becomes the emission standard for that engine family. Emission credits are based on the difference between the emission standard that applies and the Family Emission Limit. We would expect the manufacturer to meet the Family Emission Limit for all emission testing. At the end of the model year, manufacturers would generally need to show that the net effect of all their engine families participating in the emission-credit program is a zero balance or a net positive balance of credits. A manufacturer could generally choose to include only a single pollutant from an engine family in the emission-credit program or, alternatively, to establish a Family Emission Limit for each of the regulated pollutants.

An alternative approach to requiring manufacturers to choose Family Emission Limits would be for us to create a discrete number of emission levels or “bins” above and below the proposed standard that manufacturers could certify to. These bin levels would then replace the Family Emission Levels in the credit calculations. We request comment on whether we should consider this approach for the engines covered by this proposal. The advantage of bins are that they can be defined by step changes in technology, which gives more assurance of emission reduction than Family Emission Limits which can change slightly with only marginal changes to the engine.

Refer to the program discussions below for more information about emission-credit provisions for individual engine categories. We request comment on all aspects of the emission-credit programs discussed in this proposal. In particular, we request comment on the structure of the proposed emission-credit programs and how the various provisions may affect manufacturers' ability to utilize averaging, banking, or trading to achieve the desired emission-reductions in the most efficient and economical way.

4. What Are the Proposed Production-Line Testing Requirements?

We are proposing production-line testing for recreational marine diesel engines, recreational vehicles, and Large SI engines. According to these requirements, manufacturers would routinely test production-line engines to help ensure that newly assembled engines control emissions at least as well as the emission-data engines tested for certification. Production-line testing serves as a quality-control step, providing information to allow early detection of any problems with the design or assembly of freshly manufactured engines. This is different than selective enforcement auditing, in which we would give a test order for more rigorous testing for production-line engines in a particular engine family (see Section VII.E). Production-line testing requirements are already common to several categories of engines as part of their emission-control program.

A manufacturer's liability under the production-line testing program is limited to the test engine and any future production. If an engine fails to meet an emission standard, the manufacturer must modify it to bring that specific engine into compliance. If too many engines exceed emission standards, the engine family is determined to be in noncompliance and the manufacturer will need to correct the problem for future production. This correction may involve changes to assembly procedures or engine design, but the manufacturer must, in any case, do sufficient testing to show that the engine family complies with emission standards.

The proposed production-line testing programs would depend on the Cumulative Sum (CumSum) statistical process for determining the number of engines a manufacturer needs to test (see the proposed regulations for the specific calculation methodology). Each manufacturer selects engines randomly at the beginning of a new sampling period. If engines must be tested at a facility where final assembly is not yet completed, manufacturers must randomly select engine components and assemble the test engine according to their established assembly instructions. A sampling period may be a quarter or a calendar year, depending generally on the size of the engine family. The Cumulative Sum program uses the emission results to calculate the number of tests required for the remainder of the sampling period to reach a pass or fail determination. If tested engines have relatively high emissions, the statistical sampling method calls for an increased number of tests to show that the engine family meets emission standards. The remaining number of tests is recalculated after the manufacturer tests each engine. Engines selected should cover the broadest range of production configurations possible. Tests should also be distributed evenly throughout the sampling period to the extent possible.

Under the Cumulative Sum approach, individual engines can exceed the emission standards without bringing the whole engine family into noncompliance. Note, however, that we propose to require manufacturers to adjust or repair every failing engine and retest it to show that it meets the emission standards. Note also that all production-line emission measurements must be included in the periodic reports to us. This includes any type of screening or surveillance tests (including ppm measurements), all data points for evaluating whether an engine controls emissions “off-cycle,” and any engine tests that exceed the minimum required level of testing.

We are proposing to further reduce the testing requirements for engine families that consistently meet emission standards. For engine families with no production-line tests exceeding emission standards for two consecutive years, the manufacturer may request a reduced testing rate. The minimum testing rate is one test per engine family for one year. Our approval for a reduced testing rate would apply only for a single model year.

As we have concluded in other engine programs, some manufacturers may have unique circumstances that call for different methods to show that production engines comply with emission standards. We therefore propose to allow a manufacturer to suggest an alternate plan for testing production-line engines, as long as the alternate program is as effective at ensuring that the engines will comply. A manufacturer's petition to use an alternate plan should address the need for the alternative and should justify any changes from the regular testing program. The petition must also describe in detail the equivalent thresholds and failure rates for the alternate plan. If we approved the plan, we would use these criteria to determine when an engine family would become noncompliant. It is important to note that this allowance is intended only as a flexibility, and is not intended

to affect the stringency of the standards or the production-line testing program.

Refer to the specific program discussions below for additional information about production-line testing for different types of engines.

D. Other Concepts

1. What Are the Proposed Emission-Related Installation Instructions?

For manufacturers selling loose engines to equipment manufacturers, we are proposing to require the engine manufacturer to develop a set of emission-related installation instructions. This would include anything that the installer would need to know to ensure that the engine operates within its certified design configuration. For example, the installation instructions could specify a total capacity needed from the engine cooling system, placement of catalysts after final assembly, or specification of parts needed to control evaporative emissions. We would approve the installation instructions as part of the certification process. If equipment manufacturers fail to follow the established emission-related installation instructions, we would consider this tampering, which could subject them to significant civil penalties. Refer to the program discussions below for more information about specific provisions related to installation instructions.

2. What Is Consumer-Choice Labeling?

California ARB has recently proposed consumer/environmental label requirements for outboard and personal-watercraft engines. Under this concept, manufacturers would label their engines or vehicles based on their certified emission level. California has proposed three different labels to differentiate varying degrees of emission control—one for meeting the EPA 2006 standard, one for being 20 percent lower, and one for being 65 percent below. More detail on this concept is provided in the docket.

123

“Public Hearing to Consider Amendments to the Spark-Ignition Marine Engine Regulations,” Mail Out #MSC 99-15, June 22, 1999 (Docket A-2000-01, Document II-A-27).

We are considering a similar approach to labeling the engines subject to this proposal. This would apply especially to consumer products. Consumer-choice labeling would give people the opportunity to consider varying emission levels as a factor in choosing specific models. This may also give the manufacturer an incentive to produce more of their cleaner engine models. A difficulty in designing a labeling program is in creating a scheme that communicates information clearly and simply to consumers. Given the very different emission levels expected from the various engines, it would be difficult to create a consistent set of labels for different engines. Also, we are concerned that other organizations could use the labeling provisions to mandate certain levels of emission control, rather than relying on consumer choice as a market-based incentive. We request comment on this approach for recreational marine engines and vessels and for recreational vehicles.

An alternative to the promotional-type label adopted by California ARB would be an approach that simply identifies an engine's certified emission levels on the emission-control label. This “informational label” could be used with or without defining voluntary emission standards. This would not provide a standardized way for manufacturers to promote their cleanest products, but it would give interested consumers the ability to make informed choices based on a vehicle's certified emission levels. We are proposing this approach of requiring an engine's certified emission levels to be on the emission-control label for engines and vehicles certified to voluntary low emission or Blue Sky standards. We request comment on this approach and whether we should extend this requirement to all vehicles and engines, not just those complying with voluntary low emission standards. Also, we request comment on the relative advantages of the different approaches to consumer-choice labeling just discussed.

3. Are There Special Provisions for Small Manufacturers of These Engines and Vehicles?

The Regulatory Flexibility Act, 5 U.S.C. 601-612, was amended by the Small Business Regulatory Enforcement Act of 1996 (SBREFA), Public Law 104-121, to ensure that concerns regarding small entities are adequately considered during the development of new regulations that affect them. The scope of this proposal includes many engine and vehicle manufacturers that have not been subject to our regulations or certification process. Many of these manufacturers are small businesses for which a typical regulatory program may be very burdensome. The sections describing the proposed emission-control program include discussion of proposed special compliance provisions designed to address this for the different engine categories. Section XI.B gives an overview of the inter-agency process in which we developed these small-volume provisions.

IV. Large SI Engines

A. Overview

This section applies to most nonroad spark-ignition engines rated over 19 kW (“Large SI engines”). The companies producing Large SI engines are typically subsidiaries of automotive companies. In most cases, these companies modify car and truck engines for industrial applications. However, the Large SI industry has historically taken a much less centralized approach to designing and producing engines. Engine manufacturers often sell dressed engine blocks without manifolds or fuel systems. Fuel system suppliers have played a big role in designing and calibrating nonroad engines, sometimes participating directly in engine assembly. Several equipment manufacturers, mostly forklift producers, also play the role of an engine manufacturer by calibrating engine models and completing engine assembly.

The proposed emission standards would achieve emission reductions of about 90 percent for CO, 85 percent for NO

, and 70 percent for HC. Since the emission standards are based on engine testing with broadly representative duty cycles, these estimated reductions apply to all types of equipment using these engines. Reducing Large SI engine emissions will be especially valuable to individuals operating these engines in enclosed areas.

The cost of applying the anticipated emission-control technology to these engines is offset by much greater cost savings from reduced fuel consumption over the engines' operating lifetime. The large estimated fuel and maintenance savings relative to the estimated incremental cost of producing low-emitting engines raise the question of why normal market forces have failed to induce manufacturers to design and sell engines with emission-control technologies on the basis of the expected performance improvements. As described in Chapter 5 of the Draft Regulatory Support Document, we believe this is largely accounted for by the difficulty of equipment purchasers to justify increased capital spending on industrial machines, even with the potential for net savings over the lifetime of the equipment. This in turn prevents manufacturers from developing or implementing technologies in light of the uncertain demand. We request comment on the market dynamics that would prevent the development of and demand for cost-saving technologies.

This section describes the proposed requirements that would apply to engine manufacturers. See Section III for

a description of our general approach to regulating nonroad engines and how manufacturers show that they meet emission standards. See Section VII for additional proposed requirements for engine manufacturers, equipment manufacturers, and others.

B. Large SI Engines Covered by This Proposal

Large SI engines covered in this section power nonroad equipment such as forklifts, sweepers, pumps, and generators. This would include marine auxiliary engines, but does not include marine propulsion engines or engines used in recreational vehicles (snowmobiles, off-highway motorcycles, and all-terrain vehicles). These other nonroad applications are addressed elsewhere in this document.

Even though some aircraft use engines similar to the Large SI engines described in this proposal, we are not proposing emission standards for aircraft. Aircraft are covered under a separate part of the Clean Air Act. EPA's current aircraft regulations define aircraft as needing airworthiness certification from the Federal Aviation Administration. However, neither ultra-light airplanes nor blimps are governed by emission standards under our aircraft regulations. Ultra-light airplanes are exempt from the airworthiness-certification requirements in 14 CFR part 91. In contrast, blimps are subject to airworthiness certification, but EPA's emission standards for aircraft do not apply to them. Blimps are very likely to be able to use conventional land-based engines for propulsion and navigation. Our proposed definition of aircraft in these regulations would exclude all aircraft from emission standards, including aircraft that do not receive an airworthiness certificate from FAA. We may address this issue in a separate

Federal Register

notice.

This proposal applies only to spark-ignition engines. Our most recent rulemaking for nonroad diesel engines finalized a definition of “compression-ignition” that was intended to address the status of alternative-fuel engines (63 FR 56968, October 23, 1998). We are proposing to adopt updated definitions consistent with those already established in previous rulemakings to clarify that all reciprocating internal combustion engines are either spark-ignition or compression-ignition. We request comment on whether we should revise the definitions that differentiate between these types of engines.

Several types of engines are excluded or exempted from the proposed requirements. The following sections describe the types of special provisions that apply uniquely to nonrecreational spark-ignition engines rated over 19 kW. Section VII.C covers several additional exemptions that apply generally across programs.

1. Stationary Engine Exclusion

Consistent with the Clean Air Act, we do not treat stationary engines as nonroad engines, so the proposed emission standards would not apply to engines used in stationary applications. In general, an engine is considered stationary if it will be either installed in a fixed position or if it will be a portable (or transportable) engine operating in a single location for at least one year. We are proposing a requirement that these stationary engines have an engine label identifying their excluded status. This would be especially valuable for importing excluded engines without complication from U.S. Customs officials. It would also help us ensure that such engines are legitimately excluded from the emission standards proposed in this document.

2. Exclusion for Engines Used Solely for Competition

The Clean Air Act also does not consider engines used solely for competition to be nonroad engines. We would normally include this exclusion directly in the regulations. For Large SI engines, however, it seems unlikely that there would be any need for an explicit treatment of competition engines in the regulations. Any applications involving competition with spark-ignition engines would likely fall under the proposed program for recreational vehicles, which has an extensive treatment of competition engines. We request comment on the need for more detailed consideration of Large SI engines t

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.