[Federal Register Volume 64, Number 25 (Monday, February 8, 1999)]
[Proposed Rules]
[Pages 6008-6013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2694]


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

[[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 < 19 kW...........................................         82         0.7        623          8     13,859        19           14         2
Marine SI....................................................         39         0.4        609          8      2,177         3           30         4
Nonroad diesel...............................................      2,803        25          371          5      1,002         1          306        44
Marine diesel................................................        206         2           45          1         76         0.1         30         4
Locomotive...................................................      1,075        10           46          1        104         0.1         27         4
Aircraft.....................................................        178         2          183          2      1,017         1           39         6
                                                              ------------------------------------------------------------------------------------------

[[Page 6011]]

 
Total Nonroad................................................      4,635        42        3,034         40     26,947        38          465        66
Total Highway................................................      6,397        58        4,482         60     44,244        62          238        34
                                                              ==========================================================================================
Total Mobile Source..........................................     11,032       100        7,516        100     71,191       100          703       100
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                                      Table 4.--Modeled Annual Emission Levels for Mobile Source Categories in 2010
                                                                 [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...........................................        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 < 19 kW...........................................         73         0.8        293          5     11,528        18           15         2
Marine SI....................................................         49         0.5        363          6      2,221         3           22         3
Nonroad diesel...............................................      2,248        24          249          4        699         1          375        51
Marine diesel................................................        211         2           46          1         78         0.1         31         4
Locomotive...................................................      1,075        11           46          1        104         0.2         27         4
Aircraft.....................................................        209         2          215          4      1,279         2           42         6
                                                              ------------------------------------------------------------------------------------------
Total Nonroad................................................      4,179        44        2,432         40     25,236        39          533        73
Total Highway................................................      5,354        56        3,683         60     40,201        61          200        27
                                                              ==========================================================================================
Total Mobile Source..........................................      9,533       100        6,115        100     65,437       100          733       100
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    In presenting this analysis, EPA has estimated national emissions 
as a proxy for emissions within nonattainment areas. This should be a 
reasonable approximation due to the fact that the equipment listed in 
the above tables is generally not isolated to individual areas. 
However, EPA recognizes that some applications may not contribute 
equally to emissions in both attainment and nonattainment areas. EPA 
would like to include current data on the contribution of these sources 
to nonattainment area emissions when it finalizes a finding based on 
this proposal and the associated public comments. Accordingly, EPA 
seeks comments and data that address the degree to which emissions from 
these engines and equipment contribute to air pollution in 
nonattainment areas.
    EPA's 1991 study analyzed emissions from nonroad engines in several 
nonattainment areas.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