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EPA/AR

RIN: 2060-AO82

Publication ID: Fall 2008

Title: Control of Emissions of Air Pollution From Nonroad Diesel Engines(Completion of a Section 610 Review)
Abstract: On October 23, 1998 (63 FR 56968), EPA promulgated a rule setting emission standards for nonroad compression-ignition (CI) engines under authority of section 213 of the Clean Air Act. These standards are codified in the Code of Federal Regulations at 40 CFR part 89. Pursuant to section 610 of the Regulatory Flexibility Act, EPA has reviewed this rule to determine if it should be continued without change, or should be rescinded or amended to minimize adverse economic impacts on small entities. This review was announced in the Regulatory Agenda on May 5, 2008 (73 FR 24761). As part of this review, EPA considered, and solicited comments on, the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. No comments were received. The results of EPA's review have been summarized in a report and placed in the rulemaking docket (docket number EPA-HQ-OAR-2008-0206 at www.regulations.gov). These results are briefly summarized here. One of the factors that must be considered in a section 610 review is the continued need for the rule under review. The Agency finds that there is a continued need for the emission standards and related provisions for nonroad CI engines. Many areas of the country do not meet the National Ambient Air Quality Standards (NAAQS) for ozone or particulate matter (PM2.5). Both of these environmental problems are addressed in part by the October 1998 rule. The Agency must also consider the complexity of the rule under review. The 1998 rule incorporated a number of provisions aimed at easing the burden of compliance for equipment manufacturers, many of whom are small businesses. These included provisions that allow the limited use of engines meeting the previous emission standards during the initial years of the program to help smooth the transition to the new standards. EPA believes that the transitional flexibilities afforded by these provisions mitigate the implementation complexity of the rule while meeting statutory objectives. The Agency must also consider the extent to which the nonroad CI engine rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules. The Agency believes the rules for nonroad CI engines do not duplicate or conflict with any other rule. Under the CAA, both EPA and the state of California are authorized to have emission control program requirements covering these engines and, indeed, both do now have such programs. EPA worked closely with the State of California in developing the October 1998 Federal rule to assure that the two rules do not conflict or overlap. Finally, the Agency must consider the length of time since the rule in question has been evaluated, or the degree to which technology, economic conditions, or other factors have changed. Technology advances since 1998 have enabled EPA to adopt a new set of emission requirements that will succeed the 1998 standards between 2008 and 2015. These new standards include provisions similar to those from the 1998 rule aimed at easing the burden of compliance for both engine manufacturers and equipment manufacturers, many of which are small businesses. Based on EPAs section 610 review, including the fact that no comments were received as a result of the review, no amendments are planned at this time. As part of any future rulemakings in this area, EPA will continue to work with small-entity representatives to reduce unfavorable impacts to the extent appropriate while meeting the need for emission reductions.
Agency: Environmental Protection Agency(EPA)	Priority: Info./Admin./Other
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
RFA Section 610 Review: Completion of a Section 610 Review
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 5 USC 610

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Final Rule	10/23/1998	63 FR 56967
Begin Review	05/05/2008	73 FR 24755
End Comment Period	08/04/2008
End Review	09/02/2008

Additional Information: SAN No. 5254; EPA Docket information: EPA-HQ-OAR-2008-0206
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: Yes
Agency Contact: Tom Eagles Environmental Protection Agency Air and Radiation 6103A, 1200 Pennsylvania Avenue NW., Washington, DC 20460 Phone:202 564-1952 Fax:202 564-1554 Email: eagles.tom@epamail.epa.gov