Small Entities and Rulemaking
SBAR Panel #41 - Control of Air Pollution from Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards
Top Three Questions
- What is a Small Business Advocacy Review Panel?
- What is a Small Entity Representative (SER)?
- Who is eligible to be a SER?
Key Dates and Documents for this SBAR Panel
- Convening Date: 08/04/2011
- Completion Date: 10/14/2011
- Panel Report: The Panel Report will be made available when the Notice of Proposed Rulemaking publishes.
About the Rule
- Title: Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards
- RIN: 2060-AQ86
- Docket No.: EPA-HQ-OAR-2011-0135
- Publication Date for Notice of Proposed Rulemaking (NPRM): Access the projected publication date on the Regulatory Development and Retrospective Review Tracker (Reg DaRRT).
- Publication Date for Final Rule: Access the projected publication date on Reg DaRRT.
About this SBAR Panel
What is the Implication of the Rulemaking on Small Entities?
EPA's Tier 2 Vehicle and Gasoline Sulfur Program, which was finalized in February 2000, took a systems-based approach to motor vehicle pollution by setting standards for both passenger vehicles and their fuel (gasoline). The program set stricter tailpipe and evaporative emissions standards for criteria pollutants from vehicles beginning with model year (MY) 2004 and phasing in through 2009. The program also lowered the sulfur content of gasoline beginning in 2004 and phasing in through 2011.
Similarly, the upcoming rule "Control of Air Pollution from Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards" (Tier 3) is a comprehensive, systems-based approach to address the impact of motor vehicles on air quality and health. The Tier 3 rule will establish new standards for vehicles and gasoline. The May 21, 2010 Presidential Memorandum requested that EPA "review for adequacy" the current non-greenhouse gas emissions regulations for new motor vehicles and fuels, including tailpipe emissions standards for oxides of nitrogen (NOx) and air toxics, and sulfur standards for gasoline. The memo further requested that EPA promulgate regulations "as part of a comprehensive approach toward regulating motor vehicles" if EPA determines new regulations are required.
This proposal also responds to the "anti-backsliding" requirements that were incorporated into the Clean Air Act (CAA) by the Energy Independence and Security Act of 2007 (Clean Air Act sections 211(q) and (v)). These provisions require EPA to assess the air quality impacts of renewable fuels and promulgate standards to mitigate any adverse air quality impacts, to the greatest extent achievable.
Lastly, the proposal will also consider changes to the certification fuel for all categories of gasoline-powered on-highway vehicles and nonroad engines and equipment.
The proposed rule will affect entities in the following industry sectors:
- Fuel Producers and Distributors
- Gasoline refiners and importers
- Ethanol and gasoline additive manufacturers
- Transmix processors
- Terminals and fuel distributors
- Vehicle Manufacturers
- Light-duty vehicle manufacturers, independent commercial importers, and alternative fuel converters
- Manufacturers and converters of vehicles between 8,500 and 14,000 pounds gross vehicle weight rating (GVWR)
- Additional Sectors Potentially Impacted by a Change to Certification Fuel
- Manufacturers of on-highway heavy-duty engines and vehicles
- Manufacturers of on-highway motorcycles
- Manufacturers of small spark-ignition (SI) engines (SI engines at or below 19 kilowatts)
- Manufacturers of large SI engines (SI engines above 19 kilowatts)
- Manufacturers of marine SI engines (including outboard, personal watercraft, sterndrive, and inboard)
- Manufacturers of recreational engines and equipment (including off-highway motorcycles, snowmobiles, and ATVs)
- Manufacturers of fuel tanks and fuel lines for nonroad engines and equipment
How Can I Learn More?
If you are a small entity in any of the industry sectors described above in the "What is the Implication of the Proposed Rulemaking on Small Entities" section, you may be affected by this rulemaking. While the opportunity to participate on this Panel has passed, you will have the chance to submit comments concerning this rulemaking during the standard public comment period commencing after publication of the notice of proposed rulemaking in the Federal Register.
Monthly updates about the rulemaking are available on the rule's profile page on Reg DaRRT. From this page, you can determine when the propsed rule will publish and, thus, when you will have an opportunity to comment on the rulemaking.
Semiannual updates about the development status of the rulemaking are available on: