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

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. ---------------------------------------------------------------------------

\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. ---------------------------------------------------------------------------

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

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. ---------------------------------------------------------------------------

\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. ---------------------------------------------------------------------------

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. ---------------------------------------------------------------------------

\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. ---------------------------------------------------------------------------

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. ---------------------------------------------------------------------------

\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 ---------------------------------------------------------------------------------------------------------------- Hours 1996 2010 Percent Application Load --------------------------------------------------- factor per year population population LPG/CNG ---------------------------------------------------------------------------------------------------------------- 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

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 ----------------------------------------------------------------------------------------------------------------

Table 2.--Operating Parameters and Population Estimates for Land-Based Recreational Engines ---------------------------------------------------------------------------------------------------------------- Hours per 1996 2010 Percent 2- Application Load factor year population population stroke ---------------------------------------------------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- * 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.] -------------------------------------------------------------------------------------------------------------------------------------------------------- NOX HC CO PM Category ------------------------------------------------------------------------------------------ tons percent tons percent tons percent tons percent -------------------------------------------------------------------------------------------------------------------------------------------------------- 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 -------------------------------------------------------------------------------------------------------------------------------------------------------- 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. ---------------------------------------------------------------------------

\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. ---------------------------------------------------------------------------

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 ---------------------------------------------------------------------------

\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. ---------------------------------------------------------------------------

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.

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.

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