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6008 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules
(2) The COTP Philadelphia and the interested in commenting on this action DATES: EPA requests comment on this
Duty Officer at the Marine Safety Office, should do so at this time. proposal no later than April 12, 1999.
Philadelphia, Pennsylvania, can be DATES: Written comments must be EPA will hold a public hearing on this
contacted at telephone number (215) received on or before March 10, 1999. proposed finding on March 11, 1999 if
271–4940 and on VHF channels 13 and ADDRESSES: Written comments should one is requested on or before February
16. be sent to: Carlton T. Nash, Chief, 23, 1999.
(3) The COTP Philadelphia may Regulation Development Section, Air ADDRESSES: Materials related to this
authorize and designate any Coast Programs Branch (AR–18J), U.S. action are contained in Public Docket
Guard commissioned, warrant, or petty Environmental Protection Agency, 77 A–98–01, located at room M–1500,
officer to act on his behalf in enforcing West Jackson Boulevard, Chicago, Waterside Mall (ground floor), U.S.
this safety zone. Illinois 60604. Environmental Protection Agency, 401
Dated: January 25, 1999. FOR FURTHER INFORMATION CONTACT: M Street, S.W., Washington, DC 20460.
T.E. Bernard, Christos Panos at (312) 353–8328. Anyone may inspect the docket from
SUPPLEMENTARY INFORMATION: For
8:00 a.m. until 5:30 p.m., Monday
Captain, U.S. Coast Guard, Acting
Commander, Fifth Coast Guard District. additional information see the direct through Friday. EPA may charge a
final rule published in the rules section reasonable fee for copying docket
[FR Doc. 99–2973 Filed 2–5–99; 8:45 am]
of this Federal Register. Copies of the materials.
BILLING CODE 4910–15–M Send comments on this notice to
documents relevant to this action are
Public Docket A–98–01 at the above
available for public inspection during
normal business hours at the above address. EPA requests that you also
ENVIRONMENTAL PROTECTION send a copy of any comments to Alan
AGENCY address. (Please telephone Christos
Panos at (312) 353–8328 before visiting Stout, U.S. EPA, 2000 Traverwood
the Region 5 Office.) Drive, Ann Arbor, MI 48105.
40 CFR Part 52
FOR FURTHER INFORMATION CONTACT:
[MN55–01–7280b; MN56–01–7281b; MN57– List of Subjects in 40 CFR Part 52 Alan Stout (734) 214–4805.
01–7282b; FRL–6230–4] Environmental protection, Air SUPPLEMENTARY INFORMATION: EPA has
pollution control, Intergovernmental established emission standards for
Approval and Promulgation of State relations, Particulate matter, Sulfur several nonroad engine categories. The
Implementation Plans; Minnesota dioxide. categories of nonroad engines for which
AGENCY: Environmental Protection Dated: January 19, 1999. standards currently exist cover a variety
Agency (EPA). JoLynn Traub, of applications, including farm and
ACTION: Proposed rule. Acting Regional Administrator, Region 5. construction equipment, marine vessels,
locomotives, and lawn and garden
[FR Doc. 99–2786 Filed 2–5–99; 8:45 am]
SUMMARY: In this document, the EPA is equipment. Lawn and garden equipment
BILLING CODE 6560–50–P
proposing to approve revisions to uses nonroad spark-ignition engines, but
Minnesota’s State Implementation Plan these engines are generally rated below
(SIP) for particulate matter and sulfur ENVIRONMENTAL PROTECTION 19 kW. Emission standards targeting
dioxide in the Minneapolis-St. Paul AGENCY lawn and garden engines therefore
area. This revision amends State apply only to engines rated at or below
Administrative Orders for North Star 40 CFR Part 83 19 kW.
Steel Company, LaFarge Corporation, In contrast, nonroad spark-ignition
[FRL–6230–7] engines rated above 19 kW (25 hp) and
and GAF Building Materials.
In the final rules section of this RIN 2060–AI11 all spark-ignition engines used in land-
Federal Register, EPA is approving the based recreational applications are not
State’s request as a direct final rule Control of Emissions From New currently subject to federal emission
without prior proposal because EPA Nonroad Spark-Ignition Engines Rated standards.1 With this document, EPA is
views this action as noncontroversial Above 19 Kilowatts and New Land- beginning the process leading to
and anticipates no adverse comments. A Based Recreational Spark-Ignition eventual emission standards for these
detailed rationale for approving the Engines engines.
State’s request is set forth in the direct AGENCY: Environmental Protection I. Statutory Authority
final rule. The direct final rule will Agency (EPA).
become effective without further notice Section 213(a)(1) of the Clean Air Act,
ACTION: Notice of Proposed Finding. 42 U.S.C. 7547(a), requires that the
unless the Agency receives relevant
adverse written comment on this action SUMMARY: EPA proposes a finding that Agency study the emissions from all
within 30 days of this publication. nonroad spark-ignition engines rated categories of nonroad engines and
Should the Agency receive such above 19 kilowatts, as well as all land- equipment (other than locomotives) to
comment, it will publish a document based recreational nonroad spark- determine, among other things, whether
informing the public that the direct final ignition engines, cause or contribute to these emissions ‘‘cause or significantly
rule will not take effect and such public air quality nonattainment in more than contribute to air pollution which may
comment received will be addressed in one ozone or carbon monoxide reasonably be anticipated to endanger
a subsequent final rule based on this nonattainment area. EPA also proposes public health and welfare.’’ Section
proposed rule. If no adverse comments a finding that particulate matter 213(a)(2) further requires EPA to
are received, the direct final rule will emissions from these engines cause or determine, through notice and
take effect on the date stated in that contribute to air pollution that may comment, whether the emissions of
document and no further activity will be reasonably be anticipated to endanger 1 For the purposes of this document, all references
taken on this proposed rule. EPA does public health or welfare. This proposal to spark-ignition engines rated above 19 kW
not plan to institute a second comment does not address marine propulsion includes marine auxiliary engines, but excludes
period on this action. Any parties engines. marine propulsion engines.
Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6009
carbon monoxide (CO), volatile organic vehicles, and equipment that in EPA’s buildings and other property.4 EPA also
compounds (VOCs), and oxides of judgment cause or contribute to such air promulgated standards for emissions of
nitrogen (NOX) found in the above study pollution. EPA is proposing in this PM and smoke from nonroad diesel
significantly contributes to ozone or CO document that nonroad SI engines rated engines in that rulemaking. With this
concentrations in more than one ozone above 19 kW and all land-based document, EPA is proposing to find that
or CO nonattainment area. With such a recreational nonroad SI engines ‘‘cause emissions of PM from nonroad SI
determination of significance, section or contribute’’ to such air pollution. engines rated above 19 kW and all land-
213(a)(3) requires the Agency to Where EPA determines that other based recreational nonroad SI engines
establish emission standards applicable emissions from nonroad engines, ‘‘cause or contribute’’ to such air
to CO, VOC, and NOX emissions from vehicles, or equipment significantly pollution, taking cost, noise, safety and
classes or categories of new nonroad contribute to air pollution that may energy factors into account.
engines and vehicles that cause or reasonably be anticipated to endanger
contribute to such air pollution. public health or welfare, section II. Emission Modeling
Moreover, if EPA determines that any 213(a)(4) authorizes EPA to establish
other emissions from new nonroad (and from time to time revise) emission EPA is in the process of developing its
engines contribute significantly to air standards from those classes or updated Nonroad Emissions Model,
pollution, EPA may promulgate categories of new nonroad engines, which computes nationwide emission
emission standards under section vehicles, and equipment that EPA levels for a wide variety of nonroad
213(a)(4) regulating emissions from determines cause or contribute to such engines. The model incorporates
classes or categories of new nonroad air pollution, taking into account cost, information on emission rates, operating
engines that EPA finds contribute to noise, safety and energy factors data, and population to determine
such air pollution. associated with the application of annual emission levels of various
As directed by the Clean Air Act, EPA technology used to meet the standards. pollutants. Population and operating
conducted a study of emissions from EPA has made this determination for data, including load factor and
nonroad engines, vehicles, and emissions of particulate matter (PM) and operating rate, are determined
equipment in 1991.2 Based on the smoke from nonroad engines (see 59 FR separately for dozens of different
results of that study, referred to as 31306, June 17, 1994). In that applications. Load factor refers to the
NEVES, EPA determined that emissions rulemaking, EPA found that smoke degree to which an engine is loaded,
of NOX, HC, and CO from nonroad emissions from nonroad engines with full-power operation indicated by
engines and equipment contribute significantly contribute to such air a load factor of 1.0. In addition to
significantly to ozone and CO pollution based on smoke’s relationship gasoline, Large SI engines can operate
concentrations in more than one to the particulate matter that makes up on liquefied petroleum gas (LPG) or
nonattainment area (see 59 FR 31306, smoke. Particulate matter can be inhaled compressed natural gas (CNG). An EPA
June 17, 1994).3 Given this into the lower lung cavity, posing a memorandum describes the detailed
determination, section 213(a)(3) of the potential health threat. EPA cited recent inputs and methodology for this
Act requires EPA to promulgate studies associating PM with increased modeling.5 Some of the key operating
emissions standards for those classes or mortality. EPA also noted smoke’s parameters from the model are
categories of new nonroad engines, impact on visibility and soiling of urban reproduced in Tables 1 and 2.
TABLE 1.—OPERATING PARAMETERS AND POPULATION ESTIMATES FOR VARIOUS APPLICATIONS OF ENGINES RATED
ABOVE 19 KW
Hours 1996 2010 Percent
Load
Application 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
2 ‘‘Nonroad Engine and Vehicle Emission Study— 4 The nonroad study (NEVES) found that nonroad 5 ‘‘Emission Modeling for Large SI Engines,’’ EPA
Report and Appendices,’’ EPA–21A–201, November sources are responsible for approximately 5.55% of memorandum from Alan Stout to Docket A–98–01
1991 (available in Air docket A–96–40). the total anthropogenic inventory of PM emissions (document II–B–01), January 28, 1999.
3 The terms HC (hydrocarbon) and VOC (volatile
and over one percent of total PM emissions in six
organic carbon) refer to similar sets of chemicals to ten of the thirteen nonattainment areas surveyed.
and are generally used interchangeably.
6010 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules
TABLE 1.—OPERATING PARAMETERS AND POPULATION ESTIMATES FOR VARIOUS APPLICATIONS OF ENGINES RATED
ABOVE 19 KW—Continued
Hours 1996 2010 Percent
Load
Application factor per year population population LPG/CNG
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 1996 2010 Percent
Application Load factor per year population population 2-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 percent of mobile source HC emissions, contribution of CO emissions from SI
2000 and 2010 are summarized in 9 percent of CO emissions, and 0.2 engines above 19 kW increases to 4
Tables 3 and 4. These tables show percent of NOX emissions. PM percent and the contribution of HC and
relative contributions of the different emissions from land-based recreational CO emissions from land-based
mobile source categories to the overall engines amount to 2 percent of total recreational engines increases to 19
emissions inventory. Of the total mobile source emissions. Since highway percent and 11 percent. Population
emissions from mobile sources, nonroad engines account for a large fraction of growth and the effects of regulatory
SI engines rated above 19 kW contribute mobile source emissions, as shown in control programs are factored into these
1 percent, 2 percent, 3 percent, and 0.4 Tables 3 and 4, the contribution of these later emissions estimates. Table 4 shows
percent of HC, NOX, CO, and PM engines as a percentage of total nonroad that the relative importance of
emissions in the year 2000. The results emissions will be significantly higher uncontrolled engines grows over time as
for land-based recreational engines than that from total mobile sources other engines reduce their emission
reflect the much different emissions emissions. levels. The effectiveness of all control
profile from two-stroke engines. These These emission figures are projected programs is offset by the anticipated
engines are estimated to contribute 15 to change somewhat by 2010. The 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 < 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
Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6011
TABLE 3.—MODELED ANNUAL EMISSION LEVELS FOR MOBILE SOURCE CATEGORIES IN 2000—Continued
[Thousand short tons.]
NOX HC CO PM
Category
tons percent tons percent tons percent tons percent
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
TABLE 4.—MODELED ANNUAL EMISSION LEVELS FOR MOBILE SOURCE CATEGORIES IN 2010
[Thousand short tons.]
NOX 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 < 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
In presenting this analysis, EPA has different criteria than are used in this III. General Approach for an Emission
estimated national emissions as a proxy notice. However, a review of, for Control Program
for emissions within nonattainment example, spark-ignited forklifts in the
areas. This should be a reasonable New York City Consolidated EPA has made an extensive effort to
approximation due to the fact that the Metropolitan Statistical Area area coordinate EPA’s anticipated regulatory
equipment listed in the above tables is indicated contributions of 4868, 84 853, program for spark-ignited engines rated
generally not isolated to individual 5148 and 27 tons per year of VOCs, CO, above 19 kW with the requirements
areas. However, EPA recognizes that NOX, and PM, respectively. According adopted by the California Air Resources
some applications may not contribute to the study, spark-ignited recreational Board (California ARB). The California
equally to emissions in both attainment vehicles (mini-bikes and mopeds, and ARB finalized emission standards for
and nonattainment areas. EPA would others vehicle types) in the New York these engines on October 22, 1998. An
like to include current data on the City Consolidated Metropolitan EPA memorandum provides additional
contribution of these sources to Statistical Area contributed 11 280, 19 information about the requirements
nonattainment area emissions when it 054, 82 and 217 tons of these pollutants approved by the California ARB and
finalizes a finding based on this per year.7 In the South Coast (Los highlights a few issues that will warrant
proposal and the associated public Angeles) area, spark-ignited forklifts further attention in the EPA
comments. Accordingly, EPA seeks rulemaking.8
contributed 4612, 80 649, 4893 and 25
comments and data that address the
tons of VOCs, CO, NOX and PM, EPA believes that equipment in the
degree to which emissions from these
respectively, while SI recreational large nonroad SI category generally use
engines and equipment contribute to air
vehicles contributed 8066, 28 465, 53 engines of similar design. The same is
pollution in nonattainment areas.
EPA’s 1991 study analyzed emissions and 80 tons of these pollutants per year. true of engines in the recreational
from nonroad engines in several Many of the factors that EPA used in vehicle category. Manufacturers will
nonattainment areas.6 The analysis creating the emission estimates for the generally be able to produce engine
showed that Large SI equipment and SI 1991 study have been revised in the
models with the projected control
recreational vehicles contribute to current modeling as EPA gathers more
technologies that can be used in most
emissions of VOCs, NOX, CO and PM in complete information regarding, for
applications in a category without
the vast majority of the nonattainment example, emission factors and
significant modification. EPA seeks
areas surveyed. The 1991 study does not population estimates. These revisions
do not, however, change the central additional information on relevant
provide total inventories for Large SI similarities and distinctions between
equipment because equipment analysis of contribution in the 1991
study. engines used in these categories.
categories were aggregated using
8 ‘‘California Requirements for Large SI Engines
6 See ‘‘Nonroad Engine and Vehicle Emission 7 The New York City CMSA includes New York
Study—Report and Appendices’’ and ‘‘Nonroad City, Long Island, parts of New York north of New and Possible EPA Approaches,’’ EPA memorandum
Inventory Tables: Inventories A and B,’’ in EPA Air York City, parts of Northern New Jersey and parts from Alan Stout to Docket A–98–01 (Document II–
Docket A–91–24. of Connecticut. B–02), January 28, 1999.
6012 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules
IV. Conclusion regulatory action is ‘‘significant’’ and D. Unfunded Mandates Reform Act
Based on the analysis described in therefore subject to Office of
Management and Budget (OMB) review Title II of the Unfunded Mandates
this document, EPA proposes that Reform Act of 1995 (UMRA), Pub .L.
emissions of HC, NOX, and CO from and the requirements of the Executive
Order (58 FR 51735, Oct. 4, 1993). The 104–4, establishes requirements for
nonroad spark-ignition engines rated
order defines ‘‘significant regulatory federal agencies to assess the effects of
above 19 kW and from nonroad land-
action’’ as any regulatory action that is their regulatory actions on state, local,
based spark-ignition recreational
likely to result in a rule that may: and tribal governments and the private
engines contribute to ozone or carbon
monoxide concentrations in more than (1) Have an annual effect on the sector. Under section 202 of the UMRA,
one ozone or CO nonattainment area, economy of $100 million or more or EPA generally must prepare a written
and emissions of PM from such engines adversely affect in a material way the statement, including a cost-benefit
cause or contribute to air pollution that economy, a sector of the economy, analysis, for proposed and final rules
may reasonably be anticipated to productivity, competition, jobs, the with ‘‘federal mandates’’ that may result
endanger public health or welfare. environment, public health or safety, or in expenditures to state, local, and tribal
State, local, or tribal governments or governments, in the aggregate, or to the
V. Public Participation communities. private sector, of $100 million or more
Publication of this document opens a (2) Create a serious inconsistency or in any one year. Before promulgating an
formal comment period for this otherwise interfere with an action taken EPA rule for which a written statement
proposal. EPA will accept comments for or planned by another agency; is needed, section 205 of the UMRA
the period indicated under DATES above. (3) Materially alter the budgetary generally requires EPA to identify and
The Agency encourages all parties that impact of entitlements, grants, user fees, consider a reasonable number of
have an interest in the program or loan programs or the rights and regulatory alternatives and adopt the
described in this document to offer obligations of recipients thereof; or, (4) least costly, most cost-effective, or least
comment on all aspects of this Raise novel legal or policy issues arising burdensome alternative that achieves
rulemaking, including the memoranda out of legal mandates, the President’s the objectives of the rule. The
referenced in this document. All priorities, or the principles set forth in provisions of section 205 do not apply
comments, with the exception of the Executive Order. when they are inconsistent with
proprietary information, should be EPA has submitted this proposed applicable law. Moreover, section 205
directed to the EPA Air Docket Section, finding to the Office of Management and allows EPA to adopt an alternative other
Docket No. A–97–50 before the date Budget pursuant to Executive Order than the least costly, most cost-effective,
specified above. The Agency will hold 12866. or least burdensome alternative if the
a public hearing if one is requested, as Administrator publishes with the final
noted under DATES above. B. Regulatory Flexibility
rule an explanation of why that
Commenters wishing to submit The Regulatory Flexibility Act (RFA) alternative was not adopted. Before EPA
proprietary information for generally requires an agency to conduct establishes any regulatory requirements
consideration should clearly separate a regulatory flexibility analysis of any that may significantly or uniquely affect
such information from other comments rule subject to notice and comment small governments, including tribal
by (1) labeling proprietary information requirements, unless the agency certifies governments, it must have developed
‘‘Confidential Business Information’’ that the rule will not have a significant under section 203 of the UMRA a small
and (2) sending proprietary information economic impact on a substantial government agency plan. The plan must
directly to the contact person listed (see number of small entities. Small entities provide for notifying potentially
FOR FURTHER INFORMATION CONTACT) and include small businesses, small not-for- affected small governments, enabling
not to the public docket. This will help profit enterprises, and small officials of affected small governments
ensure that proprietary information is governmental jurisdictions. to have meaningful and timely input in
not inadvertently placed in the docket. The Agency certifies that this
If a commenter wants EPA to use a the development of EPA regulatory
proposal will not have a significant proposals with significant federal
submission of confidential information economic impact on a substantial
as part of the basis for the final rule, intergovernmental mandates, and
number of small entities. This proposal informing, educating, and advising
then a nonconfidential version of the involves no requirements that would
document that summarizes the key data small governments on compliance with
impose any burden on industry or other the regulatory requirements.
or information should be sent to the segments of society. A finding that Large
docket. SI engines cause or contribute to air EPA has determined that this
Information covered by a claim of pollution in at least two nonattainment proposed finding does not contain
confidentiality will be disclosed by EPA areas, however, will lead EPA to initiate federal mandates that may result in
only to the extent allowed and in a rulemaking to set emission standards expenditures of $100 million or more
accordance with the procedures set for these engines. In that separate for State, local, and tribal governments,
forth in 40 CFR part 2. If no claim of rulemaking, EPA will review whether in the aggregate, or the private sector in
confidentiality accompanies the the proposed regulations would have a any one year. The rule does not impose
submission when it is received by EPA, significant economic impact on a any enforceable duties on State, local, or
it will be made available to the public substantial number of small entities. tribal governments. This rule also
without further notice to the The subsequent rulemaking will provide contains no regulatory requirements that
commenter. ample opportunity for notice and might significantly or uniquely affect
VI. Administrative Requirements comment. small governments. In addition, there
will be no economic effects resulting
A. Administrative Designation and C. Paperwork Reduction Act from this proposed rule Thus, this
Regulatory Analysis This proposal contains no proposed rule is not subject to the
Under Executive Order 12866, the requirements for collecting, storing, or requirements of sections 202 and 205 of
Agency must determine whether this reporting information. the UMRA.
Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6013
E. National Technology Transfer and communications from the governments, Gasoline, Imports, Motor vehicle
Advancement Act and a statement supporting the need to pollution, Reporting and recordkeeping
Section 12(d) of the National issue the regulation. In addition, requirements, Research, Warranties.
Technology Transfer and Advancement Executive Order 12875 requires EPA to Dated: January 29, 1999.
Act of 1995 (‘‘NTTAA’’), Public Law develop an effective process permitting Carol M. Browner,
elected officials and other
104–113, section 12(d) (15 U.S.C. 272 Administrator.
representatives of State, local and tribal
note) directs EPA to use voluntary [FR Doc. 99–2694 Filed 2–5–99; 8:45 am]
governments ‘‘to provide meaningful
consensus standards in its regulatory
and timely input in the development of BILLING CODE 6560–50–P
activities unless doing so would be
regulatory proposals containing
inconsistent with applicable law or
significant unfunded mandates.’’
otherwise impractical. Voluntary This rule would not create a mandate DEPARTMENT OF HEALTH AND
consensus standards are technical on State, local or tribal governments. HUMAN SERVICES
standards (e.g., materials specifications, The rule would not impose any
test methods, sampling procedures, and enforceable duties on these entities. Administration for Children and
business practices) that are developed or This rule would be implemented at the Families
adopted by voluntary consensus federal level and would impose no
standards bodies. NTTAA directs EPA compliance obligations on any party. 45 CFR Part 1309
to provide Congress, through OMB, Accordingly, the requirements of RIN 0970—AB54
explanations when the Agency decides section 1(a) of Executive Order 12875 do
not to use available and applicable not apply to this rule. Head Start Program
voluntary consensus standards.
This proposed finding involves no H. Consultation and Coordination With AGENCY: Administration on Children,
technical standards. Indian Tribal Governments Youth and Families (ACYF),
Under Executive Order 13084, EPA Administration for Children and
F. Protection of Children Families (ACF), HHS.
may not issue a regulation that is not
Executive Order 13045, entitled required by statute, that significantly or ACTION: Notice of Proposed Rulemaking.
‘‘Protection of Children from uniquely affects the communities of
Environmental Health Risks and Safety SUMMARY: The Administration on
Indian tribal governments, and that Children, Youth and Families is issuing
Risks’’ (62 FR 19885, April 23, 1997), imposes substantial direct compliance
applies to a rule that is determined to this Notice of Proposed Rulemaking to
costs on those communities, unless the implement a statutory provision that
be ‘‘economically significant,’’ as Federal government provides the funds
defined under Executive Order 12866, if authorizes Head Start grantees to use
necessary to pay the direct compliance grant funds to finance the construction
the environmental health or safety risk costs incurred by the tribal
addressed by the rule has a and major renovation of Head Start
governments, or EPA consults with facilities.
disproportionate effect on children. For those governments. If EPA complies by
these rules, the Agency must evaluate DATES: In order to be considered,
consulting, Executive Order 13084
the environmental health or safety comments on this proposed rule must
requires EPA to provide to the Office of
effects of the planned rule on children; be received on or before April 9, 1999.
Management and Budget, in a separately
and explain why the planned regulation identified section of the preamble to the ADDRESSES: Please address comments to
is preferable to other potentially rule, a description of the extent of EPA’s the Associate Commissioner, Head Start
effective and reasonably feasible prior consultation with representatives Bureau, Administration for Children,
alternatives considered by the Agency. of affected tribal governments, a Youth and Families, P.O. Box 1182,
This proposed finding is not subject summary of the nature of their concerns, Washington, DC 20013. Beginning 14
to Executive Order 13045, because it and a statement supporting the need to days after close of the comment period,
does not involve decisions on issue the regulation. In addition, comments will be available for public
environmental health or safety risks that Executive Order 13084 requires EPA to inspection in Room 2219, 330 C Street,
may disproportionately affect children. develop an effective process permitting SW., Washington, DC 20201, Monday
elected officials and other through Friday, between the hours of 9
G. Enhancing the Intergovernmental a.m. and 4 p.m.
Partnership under Executive Order representatives of Indian tribal
governments ‘‘to provide meaningful FOR FURTHER INFORMATION CONTACT:
12875
and timely input in the development of Douglas Klafehn, Deputy Associate
Under Executive Order 12875, EPA regulatory policies on matters that Commissioner, Head Start Bureau,
may not issue a regulation that is not significantly or uniquely affect their Administration for Children, Youth and
required by statute and that creates a communities.’’ Families, P.O. Box 1182, Washington,
mandate upon a State, local or tribal This rule would not significantly or DC 20013; (202) 205–8572.
government, unless the Federal uniquely affect the communities of SUPPLEMENTARY INFORMATION:
Government provides the funds Indian tribal governments. This rule
necessary to pay the direct compliance I. Program Purpose
would be implemented at the federal
costs incurred by those governments, or level and would impose no compliance Head Start is authorized under the
EPA consults with those governments. If obligations on any party. Accordingly, Head Start Act (42 U.S.C. 9801 et seq.).
EPA complies by consulting, Executive the requirements of section 3(b) of It is a national program providing
Order 12875 requires EPA to provide to Executive Order 13084 do not apply to comprehensive developmental services
the Office of Management and Budget a this rule. to low-income preschool children,
description of the extent of EPA’s prior primarily age three to the age of
consultation with representatives of List of Subjects in 40 CFR Part 83 compulsory school attendance, and
affected State, local and tribal Environmental protection, their families. To help enrolled children
governments, the nature of their Administrative practice and procedure, achieve their full potential, Head Start
concerns, copies of any written Confidential business information, programs provide comprehensive
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