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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 83

[FRL-6230-7]

RIN 2060-AI11

Control of Emissions From New Nonroad Spark-Ignition Engines

Rated Above 19 Kilowatts and New Land-Based Recreational Spark-Ignition

Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Finding.

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SUMMARY: EPA proposes a finding that nonroad spark-ignition engines

rated above 19 kilowatts, 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 nonattainment

area. EPA also proposes a finding that particulate matter emissions

from these engines cause or contribute to air pollution that may

reasonably be anticipated to endanger public health or welfare. This

proposal does not address marine propulsion engines.

DATES: EPA requests comment on this proposal no later than April 12,

1999. EPA will hold a public hearing on this proposed finding on March

11, 1999 if one is requested on or before February 23, 1999.

ADDRESSES: Materials related to this action are contained in Public

Docket A-98-01, located at room M-1500, Waterside Mall (ground floor),

U.S. Environmental Protection Agency, 401 M Street, S.W., Washington,

DC 20460. Anyone may inspect the docket from 8:00 a.m. until 5:30 p.m.,

Monday through Friday. EPA may charge a reasonable fee for copying

docket materials.

Send comments on this notice to Public Docket A-98-01 at the above

address. EPA requests that you also send a copy of any comments to Alan

Stout, U.S. EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105.

FOR FURTHER INFORMATION CONTACT: Alan Stout (734) 214-4805.

SUPPLEMENTARY INFORMATION: EPA has established emission standards for

several nonroad engine categories. The categories of nonroad engines

for which standards currently exist cover a variety of applications,

including farm and construction equipment, marine vessels, locomotives,

and lawn and garden equipment. Lawn and garden equipment uses nonroad

spark-ignition engines, but these engines are generally rated below 19

kW. Emission standards targeting lawn and garden engines therefore

apply only to engines rated at or below 19 kW.

In contrast, nonroad spark-ignition engines rated above 19 kW (25

hp) and all spark-ignition engines used in land-based recreational

applications are not currently subject to federal emission

standards.1 With this document, EPA is beginning the process

leading to eventual emission standards for these engines.

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\1\ For the purposes of this document, all references to spark-

ignition engines rated above 19 kW includes marine auxiliary

engines, but excludes marine propulsion engines.

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I. Statutory Authority

Section 213(a)(1) of the Clean Air Act, 42 U.S.C. 7547(a), requires

that the Agency study the emissions from all categories of nonroad

engines and equipment (other than locomotives) to determine, among

other things, whether these emissions ``cause or significantly

contribute to air pollution which may reasonably be anticipated to

endanger public health and welfare.'' Section 213(a)(2) further

requires EPA to determine, through notice and comment, whether the

emissions of

[[Page 6009]]

carbon monoxide (CO), volatile organic compounds (VOCs), and oxides of

nitrogen (NOX) found in the above study significantly

contributes to ozone or CO concentrations in more than one ozone or CO

nonattainment area. With such a determination of significance, section

213(a)(3) requires the Agency to establish emission standards

applicable to CO, VOC, and NOX emissions from classes or

categories of new nonroad engines and vehicles that cause or contribute

to such air pollution. Moreover, if EPA determines that any other

emissions from new nonroad engines contribute significantly to air

pollution, EPA may promulgate emission standards under section

213(a)(4) regulating emissions from classes or categories of new

nonroad engines that EPA finds contribute to such air pollution.

As directed by the Clean Air Act, EPA conducted a study of

emissions from nonroad engines, vehicles, and equipment in

1991.2 Based on the results of that study, referred to as

NEVES, EPA determined that emissions of NOX, HC, and CO from

nonroad engines and equipment contribute significantly to ozone and CO

concentrations in more than one nonattainment area (see 59 FR 31306,

June 17, 1994).3 Given this determination, section 213(a)(3)

of the Act requires EPA to promulgate emissions standards for those

classes or categories of new nonroad engines, vehicles, and equipment

that in EPA's judgment cause or contribute to such air pollution. EPA

is proposing in this document that nonroad SI engines rated above 19 kW

and all land-based recreational nonroad SI engines ``cause or

contribute'' to such air pollution.

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\2\ ``Nonroad Engine and Vehicle Emission Study--Report and

Appendices,'' EPA-21A-201, November 1991 (available in Air docket A-

96-40).

\3\ The terms HC (hydrocarbon) and VOC (volatile organic carbon)

refer to similar sets of chemicals and are generally used

interchangeably.

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Where EPA determines that other emissions from nonroad engines,

vehicles, or equipment significantly contribute to air pollution that

may reasonably be anticipated to endanger public health or welfare,

section 213(a)(4) authorizes EPA to establish (and from time to time

revise) emission standards from those classes or categories of new

nonroad engines, vehicles, and equipment that EPA determines cause or

contribute to such air pollution, taking into account cost, noise,

safety and energy factors associated with the application of technology

used to meet the standards. EPA has made this determination for

emissions of particulate matter (PM) and smoke from nonroad engines

(see 59 FR 31306, June 17, 1994). In that rulemaking, EPA found that

smoke emissions from nonroad engines significantly contribute to such

air pollution based on smoke's relationship to the particulate matter

that makes up smoke. Particulate matter can be inhaled into the lower

lung cavity, posing a potential health threat. EPA cited recent studies

associating PM with increased mortality. EPA also noted smoke's impact

on visibility and soiling of urban buildings and other

property.4 EPA also promulgated standards for emissions of

PM and smoke from nonroad diesel engines in that rulemaking. With this

document, EPA is proposing to find that emissions of PM from nonroad SI

engines rated above 19 kW and all land-based recreational nonroad SI

engines ``cause or contribute'' to such air pollution, taking cost,

noise, safety and energy factors into account.

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\4\ The nonroad study (NEVES) found that nonroad sources are

responsible for approximately 5.55% of the total anthropogenic

inventory of PM emissions and over one percent of total PM emissions

in six to ten of the thirteen nonattainment areas surveyed.

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II. Emission Modeling

EPA is in the process of developing its updated Nonroad Emissions

Model, which computes nationwide emission levels for a wide variety of

nonroad engines. The model incorporates information on emission rates,

operating data, and population to determine annual emission levels of

various pollutants. Population and operating data, including load

factor and operating rate, are determined separately for dozens of

different applications. Load factor refers to the degree to which an

engine is loaded, with full-power operation indicated by a load factor

of 1.0. In addition to gasoline, Large SI engines can operate on

liquefied petroleum gas (LPG) or compressed natural gas (CNG). An EPA

memorandum describes the detailed inputs and methodology for this

modeling.5 Some of the key operating parameters from the

model are reproduced in Tables 1 and 2.

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\5\ ``Emission Modeling for Large SI Engines,'' EPA memorandum

from Alan Stout to Docket A-98-01 (document II-B-01), January 28,

1999.

Table 1.--Operating Parameters and Population Estimates for Various Applications of Engines Rated Above 19 kW

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Hours 1996 2010 Percent

Application Load ---------------------------------------------------

factor per year population population LPG/CNG

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Forklift....................................... 0.30 1500 442,000 547,063 95

Generator...................................... 0.68 115 205,990 202,177 50

Welder......................................... 0.51 208 55,495 67,872 50

Commercial turf................................ 0.60 733 41,440 55,074 0

Pump........................................... 0.69 221 41,104 44,830 50

Air compressor................................. 0.56 484 24,182 28,633 50

Baler.......................................... 0.62 68 21,937 27,597 0

Irrigation set................................. 0.60 716 17,800 9,724 50

Aerial lift.................................... 0.46 361 15,734 15,555 50

Scrubber/sweeper............................... 0.71 516 14,154 13,955 50

Chipper/grinder................................ 0.78 488 12,218 16,262 50

Leaf blower/vacuum............................. 0.75 56 10,823 14,384 0

Oil field equipment............................ 0.90 1104 8,792 8,924 100

Sprayer........................................ 0.65 80 8,635 10,863 0

Trencher....................................... 0.66 402 8,168 9,604 50

Specialty vehicle/cart......................... 0.58 65 7,833 8,726 50

Skid/steer loader.............................. 0.58 310 7,795 9,164 50

Other general industrial....................... 0.54 713 3,987 3,942 50

Rubber-tired loader............................ 0.71 512 3,476 4,088 50

[[Page 6010]]

Gas compressor................................. 0.60 8500 3,023 1,620 100

Paving equipment............................... 0.59 175 2,996 3,524 50

Terminal tractor............................... 0.78 827 2,905 2,872 50

Bore/drill rig................................. 0.79 107 2,618 3,080 50

Ag. tractor.................................... 0.62 550 2,152 2,707 0

Concrete/industrial saw........................ 0.78 610 2,133 2,509 50

Rough terrain forklift......................... 0.63 413 1,933 2,273 50

Roller......................................... 0.62 621 1,596 1,878 50

Crane.......................................... 0.47 415 1,584 1,864 50

Other material handling........................ 0.53 386 1,535 1,518 50

Paver.......................................... 0.66 392 1,337 1,573 50

Other agriculture equipment.................... 0.55 124 1,234 1,552 0

Other construction............................. 0.48 371 1,222 1,436 50

Pressure washer................................ 0.85 115 1,207 2,271 50

Aircraft support............................... 0.56 681 840 1,238 50

Crushing/processing equip...................... 0.85 241 532 628 50

Surfacing equipment............................ 0.49 488 481 567 50

Tractor/loader/backhoe......................... 0.48 870 416 489 50

Hydraulic power unit........................... 0.56 450 339 384 50

Other lawn & garden............................ 0.58 61 333 443 0

Refrigeration/AC............................... 0.46 605 163 226 100

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Table 2.--Operating Parameters and Population Estimates for Land-Based Recreational Engines

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Hours per 1996 2010 Percent 2-

Application Load factor year population population stroke

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ATV/Nonroad Motorcycle*........................ 0.72 135 1,743,801 1,880,196 19

Snowmobile..................................... 0.81 121 1,289,302 1,390,148 100

Specialty vehicle.............................. 0.58 65 413,492 445,853 43

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* Including mini-bikes, mopeds, and go-carts.

Emission modeling runs for the years 2000 and 2010 are summarized

in Tables 3 and 4. These tables show relative contributions of the

different mobile source categories to the overall emissions inventory.

Of the total emissions from mobile sources, nonroad SI engines rated

above 19 kW contribute 1 percent, 2 percent, 3 percent, and 0.4 percent

of HC, NOX, CO, and PM emissions in the year 2000. The

results for land-based recreational engines reflect the much different

emissions profile from two-stroke engines. These engines are estimated

to contribute 15 percent of mobile source HC emissions, 9 percent of CO

emissions, and 0.2 percent of NOX emissions. PM emissions

from land-based recreational engines amount to 2 percent of total

mobile source emissions. Since highway engines account for a large

fraction of mobile source emissions, as shown in Tables 3 and 4, the

contribution of these engines as a percentage of total nonroad

emissions will be significantly higher than that from total mobile

sources emissions.

These emission figures are projected to change somewhat by 2010.

The contribution of CO emissions from SI engines above 19 kW increases

to 4 percent and the contribution of HC and CO emissions from land-

based recreational engines increases to 19 percent and 11 percent.

Population growth and the effects of regulatory control programs are

factored into these later emissions estimates. Table 4 shows that the

relative importance of uncontrolled engines grows over time as other

engines reduce their emission levels. The effectiveness of all control

programs is offset by the anticipated growth in engine populations.

Table 3.--Modeled Annual Emission Levels for Mobile Source Categories in 2000

[Thousand short tons.]

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NOX HC CO PM

Category ------------------------------------------------------------------------------------------

tons percent tons percent tons percent tons percent

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Nonroad SI > 19 kW........................................... 227 2 57 1 2,060 3 3 0.4

Recreational SI equip........................................ 25 0.2 1,100 15 6,652 9 16 2

Nonroad SI X HC CO PM

Category ------------------------------------------------------------------------------------------

tons percent tons percent tons percent tons percent

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Nonroad SI > 19 kW........................................... 288 3 46 1 2,427 4 3 0.4

Recreational SI equip........................................ 26 0.3 1,174 19 6,900 11 18 2

Nonroad SI 6 The analysis showed that Large SI

equipment and SI recreational vehicles contribute to emissions of VOCs,

NOX, CO and PM in the vast majority of the nonattainment

areas surveyed. The 1991 study does not provide total inventories for

Large SI equipment because equipment categories were aggregated using

different criteria than are used in this notice. However, a review of,

for example, spark-ignited forklifts in the New York City Consolidated

Metropolitan Statistical Area area indicated contributions of 4868, 84

853, 5148 and 27 tons per year of VOCs, CO, NOX, and PM,

respectively. According to the study, spark-ignited recreational

vehicles (mini-bikes and mopeds, and others vehicle types) in the New

York City Consolidated Metropolitan Statistical Area contributed 11

280, 19 054, 82 and 217 tons of these pollutants per year.7

In the South Coast (Los Angeles) area, spark-ignited forklifts

contributed 4612, 80 649, 4893 and 25 tons of VOCs, CO, NOX

and PM, respectively, while SI recreational vehicles contributed 8066,

28 465, 53 and 80 tons of these pollutants per year. Many of the

factors that EPA used in creating the emission estimates for the 1991

study have been revised in the current modeling as EPA gathers more

complete information regarding, for example, emission factors and

population estimates. These revisions do not, however, change the

central analysis of contribution in the 1991 study.

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\6\ See ``Nonroad Engine and Vehicle Emission Study--Report and

Appendices'' and ``Nonroad Inventory Tables: Inventories A and B,''

in EPA Air Docket A-91-24.

\7\ The New York City CMSA includes New York City, Long Island,

parts of New York north of New York City, parts of Northern New

Jersey and parts of Connecticut.

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III. General Approach for an Emission Control Program

EPA has made an extensive effort to coordinate EPA's anticipated

regulatory program for spark-ignited engines rated above 19 kW with the

requirements adopted by the California Air Resources Board (California

ARB). The California ARB finalized emission standards for these engines

on October 22, 1998. An EPA memorandum provides additional information

about the requirements approved by the California ARB and highlights a

few issues that will warrant further attention in the EPA

rulemaking.8

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\8\ ``California Requirements for Large SI Engines and Possible

EPA Approaches,'' EPA memorandum from Alan Stout to Docket A-98-01

(Document II-B-02), January 28, 1999.

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EPA believes that equipment in the large nonroad SI category

generally use engines of similar design. The same is true of engines in

the recreational vehicle category. Manufacturers will generally be able

to produce engine models with the projected control technologies that

can be used in most applications in a category without significant

modification. EPA seeks additional information on relevant similarities

and distinctions between engines used in these categories.

[[Page 6012]]

IV. Conclusion

Based on the analysis described in this document, EPA proposes that

emissions of HC, NOX, and CO from nonroad spark-ignition

engines rated above 19 kW and from nonroad land-based spark-ignition

recreational engines contribute to ozone or carbon monoxide

concentrations in more than one ozone or CO nonattainment area, and

emissions of PM from such engines cause or contribute to air pollution

that may reasonably be anticipated to endanger public health or

welfare.

V. Public Participation

Publication of this document opens a formal comment period for this

proposal. EPA will accept comments for the period indicated under DATES

above. The Agency encourages all parties that have an interest in the

program described in this document to offer comment on all aspects of

this rulemaking, including the memoranda referenced in this document.

All comments, with the exception of proprietary information, should be

directed to the EPA Air Docket Section, Docket No. A-97-50 before the

date specified above. The Agency will hold a public hearing if one is

requested, as noted under DATES above.

Commenters wishing to submit proprietary information for

consideration should clearly separate such information from other

comments by (1) labeling proprietary information ``Confidential

Business Information'' and (2) sending proprietary information directly

to the contact person listed (see FOR FURTHER INFORMATION CONTACT) and

not to the public docket. This will help ensure that proprietary

information is not inadvertently placed in the docket. If a commenter

wants EPA to use a submission of confidential information as part of

the basis for the final rule, then a nonconfidential version of the

document that summarizes the key data or information should be sent to

the docket.

Information covered by a claim of confidentiality will be disclosed

by EPA only to the extent allowed and in accordance with the procedures

set forth in 40 CFR part 2. If no claim of confidentiality accompanies

the submission when it is received by EPA, it will be made available to

the public without further notice to the commenter.

VI. Administrative Requirements

A. Administrative Designation and Regulatory Analysis

Under Executive Order 12866, the Agency must determine whether this

regulatory action is ``significant'' and therefore subject to Office of

Management and Budget (OMB) review and the requirements of the

Executive Order (58 FR 51735, Oct. 4, 1993). The order defines

``significant regulatory action'' as any regulatory action that is

likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities.

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; or, (4) Raise novel legal or policy issues arising out of

legal mandates, the President's priorities, or the principles set forth

in the Executive Order.

EPA has submitted this proposed finding to the Office of Management

and Budget pursuant to Executive Order 12866.

B. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment requirements, unless the agency certifies that the

rule will not have a significant economic impact on a substantial

number of small entities. Small entities include small businesses,

small not-for-profit enterprises, and small governmental jurisdictions.

The Agency certifies that this proposal will not have a significant

economic impact on a substantial number of small entities. This

proposal involves no requirements that would impose any burden on

industry or other segments of society. A finding that Large SI engines

cause or contribute to air pollution in at least two nonattainment

areas, however, will lead EPA to initiate a rulemaking to set emission

standards for these engines. In that separate rulemaking, EPA will

review whether the proposed regulations would have a significant

economic impact on a substantial number of small entities. The

subsequent rulemaking will provide ample opportunity for notice and

comment.

C. Paperwork Reduction Act

This proposal contains no requirements for collecting, storing, or

reporting information.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub

.L. 104-4, establishes requirements for federal agencies to assess the

effects of their regulatory actions on state, local, and tribal

governments and the private sector. Under section 202 of the UMRA, EPA

generally must prepare a written statement, including a cost-benefit

analysis, for proposed and final rules with ``federal mandates'' that

may result in expenditures to state, local, and tribal governments, in

the aggregate, or to the private sector, of $100 million or more in any

one year. Before promulgating an EPA rule for which a written statement

is needed, section 205 of the UMRA generally requires EPA to identify

and consider a reasonable number of regulatory alternatives and adopt

the least costly, most cost-effective, or least burdensome alternative

that achieves the objectives of the rule. The provisions of section 205

do not apply when they are inconsistent with applicable law. Moreover,

section 205 allows EPA to adopt an alternative other than the least

costly, most cost-effective, or least burdensome alternative if the

Administrator publishes with the final rule an explanation of why that

alternative was not adopted. Before EPA establishes any regulatory

requirements that may significantly or uniquely affect small

governments, including tribal governments, it must have developed under

section 203 of the UMRA a small government agency plan. The plan must

provide for notifying potentially affected small governments, enabling

officials of affected small governments to have meaningful and timely

input in the development of EPA regulatory proposals with significant

federal intergovernmental mandates, and informing, educating, and

advising small governments on compliance with the regulatory

requirements.

EPA has determined that this proposed finding does not contain

federal mandates that may result in expenditures of $100 million or

more for State, local, and tribal governments, in the aggregate, or the

private sector in any one year. The rule does not impose any

enforceable duties on State, local, or tribal governments. This rule

also contains no regulatory requirements that might significantly or

uniquely affect small governments. In addition, there will be no

economic effects resulting from this proposed rule Thus, this proposed

rule is not subject to the requirements of sections 202 and 205 of the

UMRA.

[[Page 6013]]

E. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement

Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.

272 note) directs EPA to use voluntary consensus standards in its

regulatory activities unless doing so would be inconsistent with

applicable law or otherwise impractical. Voluntary consensus standards

are technical standards (e.g., materials specifications, test methods,

sampling procedures, and business practices) that are developed or

adopted by voluntary consensus standards bodies. NTTAA directs EPA to

provide Congress, through OMB, explanations when the Agency decides not

to use available and applicable voluntary consensus standards.

This proposed finding involves no technical standards.

F. Protection of Children

Executive Order 13045, entitled ``Protection of Children from

Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,

1997), applies to a rule that is determined to be ``economically

significant,'' as defined under Executive Order 12866, if the

environmental health or safety risk addressed by the rule has a

disproportionate effect on children. For these rules, the Agency must

evaluate the environmental health or safety effects of the planned rule

on children; and explain why the planned regulation is preferable to

other potentially effective and reasonably feasible alternatives

considered by the Agency.

This proposed finding is not subject to Executive Order 13045,

because it does not involve decisions on environmental health or safety

risks that may disproportionately affect children.

G. Enhancing the Intergovernmental Partnership under Executive Order

12875

Under Executive Order 12875, EPA may not issue a regulation that is

not required by statute and that creates a mandate upon a State, local

or tribal government, unless the Federal Government provides the funds

necessary to pay the direct compliance costs incurred by those

governments, or EPA consults with those governments. If EPA complies by

consulting, Executive Order 12875 requires EPA to provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected State, local and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of State, local and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

This rule would not create a mandate on State, local or tribal

governments. The rule would not impose any enforceable duties on these

entities. This rule would be implemented at the federal level and would

impose no compliance obligations on any party. Accordingly, the

requirements of section 1(a) of Executive Order 12875 do not apply to

this rule.

H. Consultation and Coordination With Indian Tribal Governments

Under Executive Order 13084, EPA may not issue a regulation that is

not required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

This rule would not significantly or uniquely affect the

communities of Indian tribal governments. This rule would be

implemented at the federal level and would impose no compliance

obligations on any party. Accordingly, the requirements of section 3(b)

of Executive Order 13084 do not apply to this rule.

List of Subjects in 40 CFR Part 83

Environmental protection, Administrative practice and procedure,

Confidential business information, Gasoline, Imports, Motor vehicle

pollution, Reporting and recordkeeping requirements, Research,

Warranties.

Dated: January 29, 1999.

Carol M. Browner,

Administrator.

[FR Doc. 99-2694 Filed 2-5-99; 8:45 am]

BILLING CODE 6560-50-P