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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 85 and 89

[AMS--FRL-5939-6 ]

Control of Air Pollution: Emission Standards for New Nonroad

Compression-Ignition Engines at or Above 37 Kilowatts; Preemption of

State Regulation for Nonroad Engine and Vehicle Standards; Amendments

to Rules

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed rulemaking.

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SUMMARY: Today's action, consistent with an order and opinion from the

U.S. Court of Appeals for the District of Columbia Circuit, proposes

amendments to EPA's regulations setting emission standards for large

(at or above 37 kilowatts) nonroad compression ignition engines and to

EPA's regulations defining the scope of preemption of state and local

nonroad emission standards and establishing procedures for EPA

authorization of California nonroad emission standards. Specifically,

EPA proposes to withdraw portions of an interpretive rule which set

forth the Agency's position on the Clean Air Act regarding the status

of certain internal combustion engines manufactured before the

effective date of the final rulemaking promulgating EPA's definition of

nonroad engine. Additionally, consistent with the DC Circuit opinion,

EPA also is amending the remaining text of this interpretive rule, as

well as EPA's regulations issued under section 209(e) of the Act

regarding the Agency's California nonroad standards authorization

process, to clarify that California must seek authorization from EPA

prior to enforcing standards and other requirements relating to

emissions from any nonroad vehicles or engines, and not just new

nonroad vehicles and engines, which was the original language used in

these regulations.

In the final rule section of today's Federal Register, EPA is

issuing these amendments as a direct final rule without prior proposal,

because EPA views the action as noncontroversial and anticipates no

adverse comments. A detailed rationale for the amendments and for the

decision to issue them as a direct final rule is set forth in the

Preamble to the direct final rules. If no adverse comments are received

in response to the direct final rule, no further activity is

contemplated in relation to this proposed rule. If EPA receives adverse

comments, the direct final rule will be withdrawn, and all public

comments received will be addressed in a subsequent final rule based on

this proposed rule. Additionally, EPA will hold a public hearing on

this proposed rule if one is requested.

DATES: Any party who wishes to submit comments must do so by March 2,

1998 unless a hearing is requested. Any party can request EPA to hold a

public hearing on this action, but such request must be received by

January 29, 1998. If a hearing is requested, it will take place on

March 2, 1998, and interested parties will have an additional 30 days

after the hearing (until March 30, 1998) to submit comments on any

information presented at the hearing. Because no hearing will occur

absent a request for one, interested parties should contact Robert M.

Doyle at the number listed below after January 29, 1998 to determine

whether a hearing will take place.

ADDRESSES: Written comments should be submitted (in duplicate if

possible) to: Air Docket Section (6102), Attention: Docket No. A-91-24,

U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC

20460, or hand-delivered to the Air Docket at the above address, in

Room M-1500, Waterside Mall. A copy of written comments should also be

submitted to Robert M. Doyle at the address below.

FOR FURTHER INFORMATION CONTACT: Robert M. Doyle, Attorney/Advisor,

Engine Programs and Compliance Division (6403J), U.S. Environmental

Protection Agency, 401 M. Street, SW, Washington, DC 20560, (202) 564-

9258, FAX (202) 233-9596, E-Mail, [email protected]

SUPPLEMENTARY INFORMATION: For additional information, please see the

direct final rule published in the rules section of today's Federal

Register.

List of Subjects

40 CFR Part 85

Environmental protection, Administrative practice and procedure,

Air pollution control, Federal preemption, Motor vehicle pollution,

Nonroad engine and vehicle pollution, Reporting and recordkeeping

requirements, State controls.

40 CFR Part 89

Environmental protection, Administrative practice and procedure,

Air pollution control, Confidential business information, Imports,

Incorporation by reference, Labeling, Nonroad source pollution,

Reporting and recordkeeping requirements.

[[Page 67819]]

Dated: December 17, 1997.

Carol M. Browner,

Administrator .

[FR Doc. 97-33768 Filed 12-29-97; 8:45 am]

BILLING CODE 6560-50-P