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Amendments to the Phase 2 Requirements for Spark-Ignition Nonroad 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: January 12, 2004 (Volume 69, Number 7)]
[Proposed Rules]
[Page 1836-1837]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja04-31]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 90
[AMS-FRL-7605-9]
RIN 2060-AL88
Amendments to the Phase 2 Requirements for Spark-Ignition Nonroad
Engines at or Below 19 Kilowatts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: EPA adopted Phase 2 requirements for spark-ignition nonroad
handheld engines at or below 19 kilowatts in April 2000. The Phase 2
requirements are being phased-in between 2002 and 2007. Based on
initial experience with the Phase 2 program for handheld engines, we
are proposing several amendments intended to provide additional
compliance flexibility to engine manufacturers to smooth the transition
to the Phase 2 requirements. The proposed amendments contain two
revisions intended to increase flexibility in the averaging, banking,
and trading program as it applies to handheld engines. First, the
credit discounts and credit bonuses would be eliminated from the
program. Second, manufacturers would be allowed to carry limited credit
deficits during the phase-in period (through 2007) provided the
deficits are made up within a set period of time. The proposed
amendments also contain minor changes to the certification requirements
intended to help manufacturers respond in a more efficient manner to
unexpected variations in emission levels from production engines while
still achieving the required emission objectives.
We are publishing in the ``Rules and Regulations'' section of
today's Federal Register a direct final rule that will amend the Phase
2 requirements as noted above without further EPA action unless we
receive adverse comment. We have explained our reasons for today's
action in detail in the preamble to the direct final rule. The
interested reader is encouraged to review that document for a full
explanation of all provisions and an explanation of the data and
rationale supporting these changes. If we receive adverse comment, we
will withdraw the pertinent amendments, sections, or paragraphs of the
direct final rule prior to its effective date, and will address all
public comments in a subsequent final rule based on this proposed rule.
We will not institute a second comment period on this action. Any
parties interested in commenting must do so at this time.
DATES: Comments must be received by February 11, 2004. Request for a
public hearing must be received by January 27, 2004. If we receive a
request for a public hearing, we will publish information related to
the timing and location of the hearing and the timing of a deadline for
the submission of rebuttal and supplementary information.
ADDRESSES: Comments: All comments and materials relevant to this action
should be submitted to Public Docket No. OAR-2003-0195 at the following
address by the date indicated under DATES above. Materials relevant to
this rulemaking are in Public Dockets A-96-55 and OAR-2003-0195 at the
following address: EPA Docket Center (EPA/DC), Public Reading Room,
Room B102, EPA West Building, 1301 Constitution Avenue, NW.,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, except on government
holidays. You can reach the Air Docket by telephone at (202) 566-1742
and by facsimile at (202) 566-1741. You may be charged a reasonable fee
for photocopying docket materials, as provided in 40 CFR part 2.
Comments may also be submitted electronically, by facsimile, or
through hand delivery/courier. Follow the detailed instructions as
provided in the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Philip Carlson, Assessment and
Standards Division, e-mail carlson.philip@epa.gov, voice-mail (734)
214-4636.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Regulated Entities
This action will affect companies and persons that manufacture,
sell, or import into the United States spark-ignition nonroad handheld
engines at or below 19 kilowatts. Affected categories and entities
include the following:
------------------------------------------------------------------------
NAICS
Category Code Examples of potentially
\a\ affected entities
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Industry............................. 333112 Lawn & Garden Equipment
Manufacturers.
Industry............................. 336618 Other Engine Equipment
Manufacturers.
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\a\ North American Industry Classification System (NAICS)
This list is not intended to be exhaustive, but rather provides a
guide regarding entities likely to be affected by this action. To
determine whether particular activities may be affected by this action,
you should carefully examine the regulations. You may direct questions
regarding the applicability of this action as noted in FOR FURTHER
INFORMATION CONTACT.
B. How Can I Get Copies of This Document and Send Comments?
See the direct final rule EPA has published in the ``Rules and
Regulations'' section of today's Federal Register for information about
accessing these documents. The direct final rule also includes detailed
instructions for sending comments to EPA.
II. Summary of Rule
This proposed rule contains amendments to the Phase 2 requirements
for spark-ignition nonroad engines at or below 19 kilowatts. The
amendments have arisen from initial experience with the Phase 2
requirements for handheld engines that began in 2002 and are intended
to provide additional compliance flexibility to manufacturers as they
complete the transition to Phase 2 technologies over the next few
years. For additional discussion of these amendments, see the direct
final rule EPA has published in the ``Rules and Regulations'' section
of today's Federal Register. This proposed rule incorporates by
reference all the reasoning, explanation, and regulatory text from the
direct final rule.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This proposed rule is not a significant regulatory action as it
merely amends previously adopted requirements for handheld engines to
provide additional compliance flexibility to manufacturers in meeting
the Phase 2 requirements. There are no new costs associated with this
proposed rule. A Final Regulatory Support Document was prepared in
connection with the original Phase 2 regulations for handheld engines
as promulgated on April 25, 2000 (65 FR 24268) and we have no reason to
believe that our analysis in the original rulemaking is inadequate. The
relevant analysis is available in the docket for the Phase 2 rulemaking
(A-96-55) and at the following internet address: http://www.epa.gov/
otaq/equip-ld.htmThe original action was submitted to the Office of
Management and Budget for review under Executive Order 12866. See the
direct final rule EPA has published in the ``Rules and Regulations''
section of today's Federal
[[Page 1837]]
Register for a more extensive discussion of Executive Order 12866.
B. Paperwork Reduction Act
This proposed rule does not include any new collection
requirements. The information collection requirements (ICR) for the
original Phase 2 rulemaking (65 FR 24268, April 25, 2000) were approved
on September 21, 2001 by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
C. Regulatory Flexibility Analysis
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute 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 organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of this rule on small
entities, a small entity is defined as: (1) A small business with fewer
than 1,000 employees, consistent with the definition for business based
on SBA size standards; (2) a small governmental jurisdiction that is a
government of a city, county, town, school district or special district
with a population of less than 50,000; and (3) a small organization
that is any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any new requirements on small entities.
This proposed rule merely amends the previously adopted Phase 2
requirements for handheld engines to provide additional compliance
flexibility to engine manufacturers, including small entities, and
would relieve regulatory burden.
D. Unfunded Mandates Reform Act
This proposed rule contains no federal mandates for state, local,
or tribal governments as defined by the provisions of Title II of the
UMRA. The rule imposes no enforceable duties on any of these
governmental entities. Nothing in the rule would significantly or
uniquely affect small governments. EPA has determined that this rule
contains no federal mandates that may result in expenditures of more
than $100 million to the private sector in any single year. This
proposed rule merely amends the previously adopted Phase 2 requirements
for handheld engines to provide additional compliance flexibility to
engine manufacturers. The requirements of UMRA therefore do not apply
to this action. See the direct final rule EPA has published in the
``Rules and Regulations'' section of today's Federal Register for a
more extensive discussion of UMRA policy.
E. Executive Order 13132: Federalism
This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This proposed rule merely amends
the previously adopted Phase 2 requirements for handheld engines to
provide additional compliance flexibility to engine manufacturers. See
the direct final rule EPA has published in the ``Rules and
Regulations'' section of today's Federal Register for a more extensive
discussion of Executive Order 13132.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This rule does not uniquely affect the communities of Indian Tribal
Governments. Further, no circumstances specific to such communities
exist that would cause an impact on these communities beyond those
discussed in the other sections of this rule. This proposed rule merely
amends the previously adopted Phase 2 requirements for handheld engines
to provide additional compliance flexibility to engine manufacturers.
Thus, Executive Order 13175 does not apply to this rule. See the direct
final rule EPA has published in the ``Rules and Regulations'' section
of today's Federal Register for a more extensive discussion of
Executive Order 13175.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This rule is not subject to the Executive Order because it is not
economically significant, and does not involve decisions on
environmental health or safety risks that may disproportionately affect
children. See the direct final rule EPA has published in the ``Rules
and Regulations'' section of today's Federal Register for a more
extensive discussion of Executive Order 13045.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use''
(66 FR 28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution or use of energy. This
proposed rule merely amends the previously adopted Phase 2 requirements
for handheld engines to provide additional compliance flexibility to
engine manufacturers.
I. National Technology Transfer and Advancement Act
This rule does not involve technical standards. This proposed rule
merely amends the previously adopted Phase 2 requirements for handheld
engines to provide additional compliance flexibility to engine
manufacturers. Thus, we have determined that the requirements of the
NTTAA do not apply. See the direct final rule EPA has published in the
``Rules and Regulations'' section of today's Federal Register for a
more extensive discussion of NTTAA policy.
J. Statutory Authority
The statutory authority for this action comes from sections 202,
203, 204, 205, 206, 207, 208, 209, 213, 215, 216, and 301(a) of the
Clean Air Act as amended (42 U.S.C. 7521, 7522, 7523, 7524, 7525, 7541,
7542, 7543, 7547, 7549, 7550, and 7601(a)). This action is a rulemaking
subject to the provisions of Clean Air Act section 307(d). See 42
U.S.C. 7606(d)(1).
List of Subjects in 40 CFR Part 90
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Reporting and recordkeeping requirements, Research,
Warranties.
Dated: December 23, 2003.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-457 Filed 1-9-04; 8:45 am]
BILLING CODE 6560-50-P