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Control of Air Pollution; Emission Standards for New Gasoline Spark-Ignition and Diesel Compression-Ignition Marine Engines; Exemptions for New Nonroad Compression-Ignition Engines at or Above 37 Kilowatts and New Nonroad Spark-Ignition Engines at or Below 19 Kilowatts
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 7, 1996 (Volume 61, Number 26)] [Proposed Rules] [Page 4600-4602] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 89, 90, and 91 [FRL-5412-3] RIN 2060-AE54 Control of Air Pollution; Emission Standards for New Gasoline Spark-Ignition and Diesel Compression-Ignition Marine Engines; Exemptions for New Nonroad Compression-Ignition Engines at or Above 37 Kilowatts and New Nonroad Spark-Ignition Engines at or Below 19 Kilowatts AGENCY: Environmental Protection Agency (EPA). ACTION: Supplemental notice of proposed rulemaking; proposed revisions.
SUMMARY: Pursuant to section 213(a)(3) of the Clean Air Act as amended, EPA published a Notice of Proposed Rulemaking (NPRM) on November 9, 1994 (59 FR 55930) for emission standards for new gasoline sparkignition and diesel compression-ignition marine engines. EPA believes that the proposed standards will help nonattainment areas come into compliance with the ozone National Ambient Air Quality Standards. The Agency is now publishing this Supplemental Notice of Proposed Rulemaking (SNPRM) because EPA wishes to refine its proposals regarding compliance programs, and because EPA wishes to address some of the comments received on the NPRM. Many of the provisions of this SNPRM seek to minimize regulatory burdens proposed in the NPRM without reducing environmental benefits. The proposals include, for example, modified compliance requirements for small manufacturers and manufacturers of sterndrive/inboard engines or old technology twostroke outboard/personal watercraft engines. Also, this Notice proposes an in-use averaging, banking, and trading program, and addresses comments regarding consistency with the regulations on land-based nonroad compression-ignition engines rated at or above 37 kilowatts (kW). The Agency is proposing adjustments to the form of the proposed standards for gasoline spark-ignition marine engines, and is proposing changes to the level of the standards for sterndrive and inboard engines. Finally, this Notice proposes to revise the criteria for a national security exemption in the regulations regarding marine engines, land-based nonroad compression-ignition engines (<gr-thn-eq>37kW), and land-based nonroad spark-ignition engines (<ls-thn-eq>19kW).
DATES: The comment period for this rulemaking will reopen on February 7, 1996, for purposes of taking comment on issues raised in this SNPRM and will remain open until March 8, 1996, or 30 days after the date of a public hearing, if one is held.
The Agency will hold a public hearing regarding the content of this SNPRM on February 22, 1996, if it receives the request to testify at a hearing by February 20, 1996. The Agency will cancel this hearing if no one requests to testify. Members of the public should call the contact persons indicated below to notify EPA of their interest in testifying at the hearing; they may call the contact persons after February 20, 1996, to determine whether the hearing will be held. ADDRESSES: Interested parties may submit written comments (in duplicate, if possible) for EPA consideration by addressing them as follows: EPA Air Docket (LE-131), Attention: Docket Number A-92-28, room M-1500, 401 M Street, SW., Washington, D.C. 20460. The public hearing will be held at the National Vehicle and Fuel Emission Laboratory, 2565 Plymouth Road, Ann Arbor, Michigan, at 9 a.m. Materials relevant to this rulemaking are contained in this docket and may be reviewed at this location from 8:00 a.m. until 5:30 p.m. Monday through Friday. As provided in 40 CFR part 2, a reasonable fee may be charged by EPA for photocopying. FOR FURTHER INFORMATION CONTACT: Deanne R. North, Office of Mobile Sources, Engine Programs and Compliance Division, (313) 668-4283, or James A. Blubaugh, Office of Mobile Sources, Engine Programs and Compliance Division, (202) 233-9244. SUPPLEMENTARY INFORMATION: I. Obtaining Copies of the Regulatory Language The Agency has not included in this document the proposed regulatory language. Electronic copies (on 3.5''diskettes) of the proposed regulatory language may be obtained free of charge by visiting, writing, or calling the Environmental Protection Agency, Engine Programs and Compliance Division, 2565 Plymouth Road, Ann Arbor, MI 48105, (313) 668-4288. Refer to Docket A-92-28. A copy is also available for inspection in the docket (see ADDRESSES). The preamble and regulatory language are also available electronically on the Technology Transfer Network (TTN), which is an electronic bulletin board system (BBS) operated by EPA's Office of Air Quality Planning and Standards. The service is free of charge, except for the cost of the phone call. Users are able to access and download TTN files on their first call using a personal computer and modem per the following information.
TTN BBS: 919-541-5742 (1200-14400 bps, no parity, 8 data bits, 1 stop bit) Voice Helpline: 919-541-5384. Also accessible via Internet: TELNET ttnbbs.rtpnc.epa.gov Off-line: Mondays from 8:00 a.m. to 12:00 Noon ET
A user who has not called TTN previously will first be required to answer some basic informational questions for registration purposes. After completing the registration process, proceed through the following menu choices from the Top Menu to access information on this rulemaking. <T> GATEWAY TO TTN TECHNICAL AREAS (Bulletin Boards) <M> OMS--Mobile Sources Information <K> Rulemaking and Reporting
<6> Non-Road
<1> File area #1. Non-Road Marine Engines At this point, the system will list all available files in the chosen category in chronological order with brief descriptions. To download a file, select a transfer protocol that is supported by the terminal software on your own computer, then set your own software to receive the file using that same protocol. If unfamiliar with handling compressed (that is, ZIP'ed) files, go to the TTN top menu, System Utilities (Command: 1) for information and the necessary program to download in order to unZIP the files of interest after downloading to your computer. After getting the files you want onto your computer, you can quit the TTN BBS with the <G>oodbye command.
Please note that due to differences between the software used to develop the document and the software into which the document may be downloaded, changes in format, page length, etc. may occur. II. Contents III. Statutory Authority and Background A. Statutory Authority
B. Background
IV. Proposed Changes; Discussion of Issues A. Emission Standards for Spark-Ignition Engines
- HC+NO<INF>X Emission Standard
- Proposed Emission Standard Levels [[Page 4601]] B. Administrative Program Flexibility
- Sterndrive and Inboard Engine Manufacturers
- Small Marine Compression-Ignition Engine Manufacturers
- Old Technology Two-stroke Outboard Engine and Personal Watercraft Manufacturers
- Other Potential Administrative Program Changes C. Small Manufacturer Criteria
- Sterndrive and Inboard Engine Manufacturers
- Marine Compression-Ignition Engine Manufacturers
- Outboard Engine and Personal Watercraft Manufacturers D. Relative Use By Age Function
E. Manufacturer Production Line Testing Program F. In-use Credit Program
G. Labeling Requirements
H. Addition of Combat Exclusion and Competition Exclusion I. Engine Family Definition
J. Harmonization with the International Maritime Organization V. Public Participation
A. Comments and the Public Docket
B. Public Hearing
VI. Administrative Requirements
A. Reporting and Recordkeeping Requirements B. Impact on Small Entities
C. Executive Order 12866
D. Unfunded Mandates Reform Act of 1995 III. Statutory Authority and Background A. Statutory Authority Authority for the actions proposed in this notice is granted to EPA by sections 203, 204, 205, 206, 207, 208, 209, 213, 215, 216, and 301(a) of the Clean Air Act as amended [42 U.S.C. 7522, 7523, 7524, 7525, 7541, 7542, 7543, 7547, 7549, 7550, and 7601(a)]. B. Background Pursuant to section 213(a) of the Clean Air Act as amended (hereafter, ``CAA''), EPA undertook a study of emissions from nonroad engines and vehicles to determine whether such emissions are significant contributors to ozone or carbon monoxide (CO) concentrations in more than one nonattainment area. A nonattainment area is a specified area that has failed to attain the applicable National Ambient Air Quality Standard (NAAQS) for a given pollutant. Based on the 1991 Nonroad Engine and Vehicle Emission Study (available in the docket),<SUP>1 EPA determined that nonroad emissions do, in fact, contribute significantly to ozone and CO concentrations in more than one NAAQS nonattainment area.<SUP>2 \1\ EPA Publication Number 211A-2001 (November, 1991). \2\ 59 FR 31306 (June 17, 1994).
Under section 213(a)(3) of the CAA, EPA is required to regulate those categories or classes of new nonroad engines and vehicles that contribute to ozone and CO air pollution. On November 9, 1994, EPA published a Notice of Proposed Rulemaking (NPRM) for emission standards for new gasoline spark-ignition (SI) and diesel compression-ignition (CI) marine engines pursuant to section 213(a) of the CAA.<SUP>3 The primary pollutants affected by this rule include ozone and hydrocarbons (HC) for gasoline SI engines and oxides of nitrogen (NO<INF>X) for CI engines. In addition, EPA proposed that this rule have some impact on particles smaller than 10 microns (PM<INF>10) and carbon monoxide (CO). EPA believes the standards proposed in this rule will reduce HC emissions from SI engines and reduce NO<INF>X from CI engines and help areas come into compliance with the ozone NAAQS. \3\ 59 FR 55930 (November 9, 1994).
The proposed gasoline SI marine engine HC emission standards should decrease HC emissions from marine engines by approximately 75 0.000000rom projected baseline emission levels by the year 2025. HC emission levels are estimated to be stabilized at this percentage reduction through complete fleet turnover by the year 2051. Emission reductions due to this regulation for diesel CI marine engines are expected to be equivalent on a per-engine basis to the reductions achieved from landbased CI engines. Land-based CI engines were estimated to achieve a reduction in NO<INF>X of approximately 37aer year on a per-engine basis (see 59 FR 31306).
In the course of the comment period for the NPRM, some commenters suggested that EPA consider new approaches to some of the items addressed in the proposal; also, it became apparent that some aspects of the proposed regulation were not addressed in sufficient detail in the NPRM and needed additional development for further comment. This SNPRM seeks to address these matters. Today's notice modifies only those aspects of the November 9, 1994, NPRM that are identified herein; the remainder of the proposals set forth in the NPRM remain unchanged except to the extent necessary to make them consistent with the proposals set forth in this SNPRM.
EPA has received an extension of the court ordered deadline for the final rulemaking. The final rulemaking must now be signed by the Administrator on May 31, 1996. The court ordered deadline for this rulemaking is set forth in a consent decree resulting from consolidated lawsuits brought by Sierra Club and the Natural Resources Defense Council against the Administrator.<SUP>4 \4\ Sierra Club v. Browner, Civil no. 93-0124 NHJ (D.D.C.).
IV. Proposed Changes; Discussion of Issues A. Emission Standards for Spark-Ignition Engines EPA has received comment suggesting that a more appropriate form of average emission standard for spark-ignition engines is of the type ``HC+NO<INF>X.'' Comment has indicated that an HC+NO<INF>X average emission standard more appropriately recognizes the inherent SI engine technology trade-off between reductions in HC and necessary increases in NO<INF>X. EPA is proposing a HC+NO<INF>X average emission standard structure for spark-ignition marine engines. Additionally, comment was received indicating that the SD/I emission standards as proposed were unnecessarily stringent and counterproductive. EPA is proposing different SD/I emission standards for HC and NO<INF>X (now proposed as an average HC+NO<INF>X standard) that will not require any physical changes to SD/I engines.
- HC+NO<INF>X Emission Standard From an engineering perspective, it is clear that exhaust or engine out HC reductions from charge crankcase scavenged 2-stroke engines (e.g., old technology 2-stroke) of the magnitude proposed in the NPRM lead to a small NO<INF>X increase for all spark-ignition internal combustion engines that do not utilize catalyst or exhaust gas recirculation technology. The HC and NO<INF>X balance can be adjusted to some extent through other means, but some NO<INF>X increase is inevitable if HC reductions are finalized on the order of magnitude proposed. EPA recognized this fact in the NPRM by setting a HC average emission standard for outboards and personal watercraft (OB/PWC) that achieved dramatic reduction (i.e., a 75reduction) and setting a NO<INF>X standard that was targeted at the average of the necessary increase in NO<INF>X (i.e., 6.0 g/kw-hr) across the fleet. Comment received in response to the NPRM from some in industry indicated that the NOx emission standard proposed was too stringent and that a HC+NO<INF>X average emission standard structure would be more appropriate. Commentors indicated that a HC+NO<INF>X average emission standard would provide them with needed flexibility when attempting to appropriately calibrate the OB/PWC four-stroke and direct-injection two stroke technology. [[Page 4602]]
Further, the NPRM standards would likely cause a low HC engine that generated positive emission credits according to the HC average standard to at the same time generate negative NO<INF>X credits. Therefore, the low HC engine would have to cover the negative NOx credits with positive NO<INF>X credits from other engines. These other engines would by nature have higher HC. Commentors suggested that the way to address this perverse effect would be to set a HC+NO<INF>X average emission standard. Although the perverse effect exists under combined or separate HC and NO<INF>X standards, a combined standard gives manufacturers more flexibility to calibrate engines, while still achieving overall targets. This calibration flexibility may be appropriate because OB/PWC four stroke technology and direct injection two stroke technology have similar overall levels of HC+NO<INF>X, while four stroke technology is cleaner on HC but would be more likely to have emissions above the separate average NO<INF>X emission standard. An emission standard which allows HC and NO<INF>X to be averaged together may treat these two control technologies more equitably. EPA did not propose a HC+NO<INF>X average emission standard structure in the NPRM and requested comment surrounding the relative valuation of HC versus NO<INF>X in terms of air quality. Air quality is determined according to a variety of local and regional conditions, including the relative background concentrations of volatileSince the NPRM, EPA has moved forward with two rulemakings that contain HC+NO<INF>X emission standards based on a 1 to 1 weighting of the two pollutants. This type of emission standard, HC+NO<INF>X, was finalized for small gasoline engines under 19 kilowatt,<SUP>5 was discussed in an ANPRM for on-highway heavy-duty engines,<SUP>6 and has been promulgated for on-highway heavy-duty engine emission standards in the past. The issue of weighting other than 1 to 1 did not appear to be a concern in public comment to these prior rulemakings. EPA requests further comment on the issue of weighting. \5\ 60 FR 34582 (July 3, 1995).
\6\ 60 FR 45580 (August 31, 1995).
Further a HC+NO<INF>X average ard structure is inherently interpollutant averaging. The Agency is not opposed to considering interpollutant averaging as a form of emission standard structure. With respect to this particular marine regulation, EPA believes this combined HC+NO<INF>X average emission standard may be less of a potential concern from the perspective of air quality and HC/NO<INF>X weighting given the magnitude of the large HC inventory reductions proposed and the comparatively tiny increase in NO<INF>X inventories, which are small to begin with, resulting from the separate HC and NO<INF>X emission standards proposed in the NPRM. Further, the NO<INF>X emission standard is proposed to be phased into a combined HC+NO<INF>X emission standard over the 9 year phase-in period at a gradual rate, rather than allowing the final year NO<INF>X increase in the first year of implementation (see detailed discussion of proposed NO<INF>X phasein in section IV.A.1.a below). Thus, it doesn't appear reasonable to say that a HC+NO<INF>X average emission standard structure would have a significant negative environmental impact. However, EPA requests comment should anyone think there may be a negative environmental impact.
EPA requests comment on its proposal to finalize a HC+NO<INF>X average emission standard for spark-ignition gasoline engines. Commenters are encouraged to comment on the appropriateness of an HC+NO<INF>X average emission standard, as well as any variation on the proposal. EPA is particularly interested in any data that may further characterize the relative value of HC versus NO<INF>X with respect to air quality. Among other possibilities, should EPA determine that the combined standard would have a negative environmental impact, EPA may finalize separate HC and NO<INF>X average standards for SI engines. However, the flexibilities afforded by a HC+NO<INF>X emission standard may encourage manufacturers greater flexibility to bring clean HC technology into the marketplace earlier than if the standards were separate.
2. Proposed Emission Standard Levels
a. OB/PWC. EPA proposes to retain the NPRM average emission standard levels for OB/PWC of 6.0 g/kw-hr NO<INF>X and the associated HC average emission standards which result in a 75reduction in HC by model year (MY) 2006. The HC+NO<INF>X average emission standard for OB/ PWC is proposed to be the sum of these NPRM proposed average emission standard levels, although NO<INF>X is proposed to be phased-in gradually over the 9 year phase-in period. Therefore, the following formulas and tables summarize the HC+NO<INF>X average emission standard proposed today for OB/PWC.<SUP>7 \7\ The level of the OB/PWC emission standard for CO proposed in the NPRM remains unchanged. HC<INF>base=(151+557/P<SUP>0.9) or 300 g/kW-hr, whichever is lower, where:
HC<INF>base=hydrocarbon base emission standard in g/kW-hr P=rated power of the engine family in kilowatt (kW). This HC<INF>base is reduced over a 9 year phase-in period beginning in MY 1998 and ending in MY 2006. The average HC standard curve for a given MY is determined by the product of the HC<INF>base curve function and the MY factor as shown in Table 1. The MY factor reflects equal percentage reductions per year from the baseline over the nine year phase-in period, resulting in a 75 percent decrease when fully implemented. For example, the average HC emission standard in 2004 is the product of the 2004 HC MY factor, 0.417, and the HC<INF>base function. The resulting HC average emission standard function for MY 2004 is as follows: Also, given the limitation on HC<INF>base of 300 g/kW-hr maximum, the 2004 emission standard may not be greater than 0.417-300=125.1 g/ kW-hr. Table 1--Gasoline Spark-Ignition OB/PWC Marine Engines [HC Average Emission Standards] HC MY Model year factor