[Federal Register Volume 67, Number 157 (Wednesday, August 14, 2002)]
[Proposed Rules]
[Pages 53050-53115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19437]
[[Page 53049]]
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Part II
Environmental Protection Agency
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40 CFR Parts 86, 90, 1045, 1051 and 1068
Control of Emissions From Spark-Ignition Marine Vessels and Highway
Motorcycles; Proposed Rule
Federal Register / Vol. 67 , No. 157 / Wednesday, August 14, 2002 /
Proposed Rules
[[Page 53050]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 86, 90, 1045, 1051, and 1068
[AMS-FRL-7253-8]
RIN 2060-AJ90
Control of Emissions From Spark-Ignition Marine Vessels and
Highway Motorcycles
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: In this action, we are proposing evaporative emissions
standards for marine vessels that use spark-ignition engines (including
sterndrive, inboard, and outboard engines and personal watercraft) and
we discuss our plans to propose standards in the future regulating
exhaust emissions from spark-ignition marine engines. This action also
proposes new emission standards for highway motorcycles, including
motorcycles of less than 50 cubic centimeters in displacement. This
action is related to our proposal for emission standards for several
sources that cause or contribute to air pollution. On October 5, 2001
we published proposed standards for large spark-ignition engines such
as those used in forklifts and airport tugs; recreational vehicles
using spark-ignition engines such as off-highway motorcycles, all-
terrain vehicles, and snowmobiles; and recreational marine diesel
engines.
Nationwide, marine evaporative hydrocarbon (HC) emissions
contribute to ozone, and motorcycles contribute to ozone, carbon
monoxide (CO), and particulate matter (PM) nonattainment. These
pollutants cause a range of adverse health effects, especially in terms
of respiratory impairment and related illnesses. The proposed standards
would help states achieve and maintain air quality standards. In
addition, the proposed evaporative emission standards would help reduce
acute exposure air toxics and the proposed motorcycle exhaust standards
would help reduce exposure to CO, air toxics, and PM for operators and
other people close to emission sources. They would also help address
other environmental problems, such as visibility impairment in our
national parks.
We believe that manufacturers would be able to maintain or even
improve the performance of their products in certain respects when
producing engines and vessels meeting the proposed standards. In fact,
we estimate that the evaporative emission standards would reduce fuel
consumption by enough to offset any costs associated with the
evaporative emission control technology. Overall, the gasoline fuel
savings associated with the anticipated changes in technology resulting
from the rule proposed in this notice are estimated to be about 31
million gallons per year once the program is fully phased in (2030).
The proposal also has several provisions to address the unique
limitations of small-volume manufacturers.
DATES: Comments: Send written comments on this proposal by November 8,
2002. See Section VII for more information about written comments.
Hearings: We will hold a public hearing on September 17, 2002
starting at 9:30 a.m. EDT. This hearing will focus on issues related to
highway motorcycles. In addition, we will hold a public hearing on
September 23, 2002 starting at 9:30 a.m. EDT. This hearing will focus
on issues related to marine vessels. If you want to testify at a
hearing, notify the contact person listed below at least ten days
before the hearing. See Section VII for more information about public
hearings.
ADDRESSES: Comments: You may send written comments in paper form or by
e-mail. We must receive them by November 8, 2002. Send paper copies of
written comments (in duplicate if possible) to the contact person
listed below. You may also submit comments via e-mail to
``[email protected].'' In your correspondence, refer to Docket A-2000-02.
Hearings: We will hold a public hearing for issues related to
highway motorcycles on September 17 at the Ypsilanti Marriott at Eagle
Crest, Ypsilanti, Michigan (734-487-2000).
We will host a public hearing for issues related to marine vessels
on September 23 at the National Vehicle and Fuel Emission Laboratory,
2000 Traverwood Dr., Ann Arbor, Michigan (734-214-4334). See Section
VII, ``Public Participation'' below for more information on the comment
procedure and public hearings.
Docket: EPA's Air Docket makes materials related to this rulemaking
available for review in Public Docket Nos. A-2000-01 and A-2000-02 at
the following address: U.S. Environmental Protection Agency (EPA), Air
Docket (6102), Room M-1500 (on the ground floor in Waterside Mall), 401
M Street, SW., Washington, DC 20460 between 8 a.m. to 5:30 p.m., Monday
through Friday, except on government holidays. You can reach the Air
Docket by telephone at (202) 260-7548, and by facsimile (202) 260-4400.
We may charge a reasonable fee for copying docket materials, as
provided in 40 CFR part 2.
FOR FURTHER INFORMATION CONTACT: Margaret Borushko, U.S. EPA, National
Vehicle and Fuels Emission Laboratory, 2000 Traverwood, Ann Arbor, MI
48105; Telephone (734) 214-4334; FAX: (734) 214-4816; E-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Regulated Entities
This proposed action would affect companies that manufacture or
introduce into commerce any of the engines or vehicles that would be
subject to the proposed standards. These include: Marine vessels with
spark-ignition engines and highway motorcycles. This proposed action
would also affect companies buying engines for installation in vessels
and motorcycles. There are also proposed requirements that apply to
those who rebuild any of the affected engines. Regulated categories and
entities include:
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Examples of potentially
Category NAICS codes SIC codes \b\ regulated entities
------------------------------------------------------\a\-------------------------------------------------------
Industry...................................... .............. 3732 Manufacturers of marine vessels.
Industry...................................... 811310 7699 Engine repair and maintenance.
Industry...................................... 336991 .............. Motorcycles and motorcycle parts
manufacturers.
Industry...................................... 421110 .............. Independent Commercial Importers
of Vehicles and Parts.
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\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.
This list is not intended to be exhaustive, but rather provides a
guide regarding entities likely to be regulated by this action. To
determine whether particular activities may be regulated by this
action, you should carefully
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examine the proposed regulations. You may direct questions regarding
the applicability of this action to the person listed in FOR FURTHER
INFORMATION CONTACT.
Obtaining Electronic Copies of the Regulatory Documents
The preamble, regulatory language, Draft Regulatory Support
Document, and other rule documents are also available electronically
from the EPA Internet Web site. This service is free of charge, except
for any cost incurred for internet connectivity. The electronic version
of this proposed rule is made available on the day of publication on
the primary Web site listed below. The EPA Office of Transportation and
Air Quality also publishes official Federal Register notices and
related documents on the secondary Web site listed below.
1. http://www.epa.gov/docs/fedrgstr/EPA-AIR/ (either select desired
date or use Search feature)
2. http://www.epa.gov/otaq/ (look in What's New or under the specific
rulemaking topic)
Please note that due to differences between the software used to
develop the documents and the software into which the document may be
downloaded, format changes may occur.
Table of Contents
I. Introduction
A. Overview
B. How Is this Document Organized?
C. What Categories of Vessels and Vehicles are Covered in This
Proposal?
D. What Requirements Are We Proposing?
E. Why Is EPA Taking This Action?
F. Putting This Proposal into Perspective
II. Public Health and Welfare Effects of Emissions from Covered
Engines
A. Background
B. What Are the Public Health and Welfare Effects Associated
With Emissions From Nonroad Engines and Motorcycles Subject to the
Proposed Standards?
C. What Is the Inventory Contribution of These Sources?
III. Evaporative Emission Control from Boats
A. Overview
B. Boats/Fuel Systems Covered By This Proposal
C. Proposed Evaporative Emission Requirements
D. Demonstrating Compliance
E. General Compliance Provisions
F. Proposed Testing Requirements
G. Special Compliance Provisions
H. Technological Feasibility
IV. Sterndrive and Inboard Marine Engines
V. Highway Motorcycles
A. Overview
B. Motorcycles Covered by This Proposal
C. Proposed Standards
D. Special Compliance Provisions
E. Technological Feasibility of the Standards
VI. Projected Impacts
A. Environmental Impact
B. Economic Impact
C. Cost per Ton of Emissions Reduced
D. Additional Benefits
VII. Public Participation
A. How Do I Submit Comments?
B. Will There Be a Public Hearing?
VII. Administrative Requirements
A. Administrative Designation and Regulatory Analysis (Executive
Order 12866)
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
D. Intergovernmental Relations
E. National Technology Transfer and Advancement Act
F. Protection of Children (Executive Order 13045)
G. Federalism (Executive Order 13132)
H. Energy Effects (Executive Order 13211)
I. Plain Language
I. Introduction
A. Overview
Air pollution is a serious threat to the health and well-being of
millions of Americans and imposes a large burden on the U.S. economy.
Ground-level ozone, carbon monoxide, and particulate matter are linked
to potentially serious respiratory health problems, especially
respiratory effects and environmental degradation, including visibility
impairment in our precious national parks. Over the past quarter
century, state and federal representatives have established emission-
control programs that significantly reduce emissions from individual
sources. Many of these sources now pollute at only a small fraction of
their pre-control rates. This proposal is part of a new effort that
further addresses these air-pollution concerns by proposing national
standards regulating emissions from several types of nonroad engines
and vehicles that are currently unregulated by establishing standards
for nonroad engines and vehicles, as required by Clean Air Act section
213(a)(3). The first part of this effort was a proposal published on
October 5, 2001 which included industrial spark-ignition engines such
as those used in forklifts and airport tugs; recreational vehicles such
as off-highway motorcycles, all-terrain vehicles, and snowmobiles; and
recreational marine diesel engines.\1\
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\1\ See 66 FR 51098.
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This action, the second part, includes evaporative emission
standards for marine vessels with spark-ignition engines and their fuel
systems.\2\ In addition, we are proposing new emission standards for
highway motorcycles. The proposed standards for motorcycles reflect the
development of emission-control technology that has occurred since we
last set standards for these engines in 1978. Including highway
motorcycles in this proposal is also appropriate as we consider new
emission standards for the counterpart off-highway motorcycle models.
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\2\ Diesel-cycle engines, referred to simply as ``diesel
engines'' in this document, may also be referred to as compression-
ignition (or CI) engines. These engines typically operate on diesel
fuel, but other fuels may also be used. Otto-cycle engines (referred
to here as spark-ignition or SI engines) typically operate on
gasoline, liquefied petroleum gas, or natural gas.
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Nationwide, the sources covered by this proposal are significant
contributors to mobile-source air pollution. Marine evaporative
emissions currently account for 1.3 percent of mobile-source
hydrocarbon (HC) emissions, and highway motorcycles currently account
for about 1.1 percent of mobile-source HC emissions, 0.4 percent of
mobile-source carbon monoxide (CO) emissions, 0.1 percent of mobile-
source oxides of nitrogen (NOX) emissions, and 0.1 percent
of mobile-source particulate matter (PM) emissions.\3\ The proposed
standards would reduce exposure to these emissions and help avoid a
range of adverse health effects associated with ambient ozone and PM
levels, especially in terms of respiratory impairment and related
illnesses. In addition, the proposed standards would help reduce acute
exposure air toxics and PM for persons who operate or who work with or
are otherwise active in close proximity to these sources. They would
also help address other environmental problems associated with these
sources, such as visibility impairment in our national parks and other
wilderness areas where recreational vehicles and marine vessels are
often used.
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\3\ While we characterize emissions of hydrocarbons, this can be
used as a surrogate for volatile organic compounds (VOC), which is
broader group of compounds.
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This proposal follows EPA's Advance Notice of Proposed Rulmaking
(ANRPM) published on December 7, 2000 (65 FR 76797). In that Advance
Notice, we provided an initial overview of possible regulatory
strategies for nonroad vehicles and engines and invited early input to
the process of developing standards. We received comments on the
Advance Notice from a wide variety of stakeholders, including the
engine industry, the equipment industry, various governmental bodies,
environmental groups, and the general public. These comments are
available for public viewing in Docket A-2000-01. The Advance Notice,
the related comments, and other new information provide the framework
for this proposal.
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B. How Is This Document Organized?
This proposal covers both marine vessels and highway motorcycles
and many readers may only be interested in one or the other of theses
applications. We have attempted to organize the document in a way that
allows each reader to focus on the application of particular interest.
The Air Quality discussion in Section II is general in nature, however,
and applies to the proposal as a whole.
The next three sections contain our proposal for the marine vessels
and highway motorcycles that are the subject of this action. Section
III presents the proposed evaporative emission program for marine
vessels using spark-ignition engines. Section IV discusses our
intentions for controlling exhaust emissions from spark-ignition marine
engines in the future. Section V contains our proposed highway
motorcycle standards.
Section VI summarizes the projected impacts and a discussion of the
benefits of this proposal. Finally, Sections VII and VIII contain
information about public participation, how we satisfied our
administrative requirements, and the statutory provisions and legal
authority for this proposal.
The remainder of this Section I summarizes important background
information about this proposal, including the engines covered, the
proposed standards, and why we are proposing them.
C. What Categories of Vessels and Vehicles Are Covered in This
Proposal?
1. Which Marine Vessels Are Covered in This Proposal?
We are proposing evaporative emission requirements for marine
vessels that use any kind of spark ignition (SI) engine, including
boats using sterndrive, inboard, and outboard engines and personal
watercraft. These vessels are currently unregulated for evaporative
emissions. Although we are not proposing exhaust emission standards for
SI marine, we discuss our intent for a future emission control program.
This proposal covers new vessels that are used in the United
States, whether they are made domestically or imported.\4\ A more
detailed discussion of the meaning of the terms ``new,'' ``imported,''
as well as other terms that help define the scope of application of
this proposal, is contained in Section III.B of this preamble.
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\4\ For this proposal, we consider the United States to include
the States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, Guam,
American Samoa, the U.S. Virgin Islands, and the Trust Territory of
the Pacific Islands.
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2. Which Highway Vehicles Are Covered in This Proposal?
We are proposing standards for new highway motorcycles, including
those with engines with displacements of less than 50 cubic centimeters
(cc). The federal emission standards for highway motorcycles were
established over twenty years ago. Technology has advanced
significantly over the last two decades, and many advancements are
currently being used on highway motorcycles in California and elsewhere
in the world. Despite these advancements, highway motorcycles currently
produce more harmful emissions per mile than driving a car, or even a
large SUV. (This discrepancy will become even larger when the Tier 2
emissions standards for passenger cars and SUVs take effect starting in
2004, when SUVs will have to meet the same set of standards as
passenger cars.) Present technology already in use on highway
motorcycles can be applied easily and cost-effectively to achieve
additional improvements in emissions. California, which has separately
regulated motorcycles, recently adopted more advanced emissions
standards in several stages. New emission standards and test procedures
have also been proposed or finalized internationally. Proposing more
stringent standards nationwide will reduce emissions from these
engines, which operate predominantly in warmer weather when ozone
formation is a greater concern. In addition, we believe it is important
to consider the emissions standards for highway motorcycles in the
context of setting standards for off-highway motorcycles. Some degree
of consistency between the standards for these related products may
allow manufacturers to transfer technologies across product lines. (At
the same time, we recognize that there are other factors which may
argue for treating these categories differently.)
D. What Requirements Are We Proposing?
Clean Air Act section 213 directs EPA to establish standards which
achieve the greatest degree of emission reductions from nonroad engines
and vehicles achievable through the application of technology that will
be available, giving appropriate consideration to cost, noise, energy,
and safety factors. Other requirements such as certification
procedures, engine and vehicle labeling, and warranty requirements are
necessary for implementing the proposed program in an effective way.
For vessels that use spark-ignition marine engines, we are
proposing emission standards, beginning in 2008, that would reduce
evaporative hydrocarbon emissions by more than 80 percent. To meet
these standards, manufacturers would need to design and produce fuel
systems that prevent gasoline vapors from escaping. While we are not
proposing exhaust emission standards for spark-ignition marine engines
at this time, we are participating with California and industry
representatives in a technology development program that is evaluating
the feasibility of using catalyst controls on these engines. We
considered setting emission standards for sterndrive and inboard marine
engines in this rulemaking, but have decided not to pursue these
standards at this time. We instead intend to propose exhaust emission
standards for these engines after the results of this development
program are available. We also intend at that time to review, and if
appropriate, propose to update emission standards for outboard and
personal watercraft engines based on the results of the ongoing
catalyst test program.
With respect to highway motorcycles, section 202(a)(3)(E) of the
Clean Air Act states, in part: ``In any case in which such standards
are promulgated for such emissions from motorcycles as a separate class
or category, the Administrator, in promulgating such standards, shall
consider the need to achieve equivalency of emission reductions between
motorcycles and other motor vehicles to the maximum extent
practicable.'' Given that it has been more than twenty years since the
first (and only) federal emission regulations for motorcycles were
implemented, we believe it is consistent with the Act to set new
standards for highway motorcycles. Thus, for highway motorcycles we are
proposing to harmonize with the California program, but with some
additional flexibilities. This is a two-phase program that would result
in reductions of HC+NOX of about 50 percent when fully
phased in.
E. Why Is EPA Taking This Action?
There are important public health and welfare reasons supporting
the standards proposed in this document. As described in Section II,
these sources contribute to air pollution which causes public health
and welfare problems. Emissions from these engines contribute to ground
level ozone and ambient CO and PM levels. Exposure to ground level
ozone, CO, and PM can cause serious respiratory problems. These
emissions also contribute to other serious
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environmental problems, including visibility impairment.
F. Putting This Proposal Into Perspective
This proposal should be considered in the broader context of EPA's
nonroad and highway vehicle emission-control programs; state-level
programs, particularly in California; and international efforts. Each
of these are described in more detail below.
1. EPA's Emission-Control Programs
a. EPA's nonroad process. Clean Air Act section 213(a)(1) directs
us to study emissions from nonroad engines and vehicles to determine,
among other things, whether these emissions ``cause, or significantly
contribute to, air pollution that may reasonably be anticipated to
endanger public health or welfare.'' Section 213(a)(2) further required
us to determine whether emissions of CO, VOC, and NOX from
all nonroad engines significantly contribute to ozone or CO emissions
in more than one nonattainment area. If we determine that emissions
from all nonroad engines were significant contributors, section
213(a)(3) then requires us to establish emission standards for classes
or categories of new nonroad engines and vehicles that in our judgment
cause or contribute to such pollution. We may also set emission
standards under section 213(a)(4) regulating any other emissions from
nonroad engines that we find contribute significantly to air pollution.
We completed the Nonroad Engine and Vehicle Emission Study,
required by Clean Air Act section 213(a)(1), in November 1991.\5\ On
June 17, 1994, we made an affirmative determination under section
213(a)(2) that nonroad emissions are significant contributors to ozone
or CO in more than one nonattainment area. We also determined that
these engines make a significant contribution to PM and smoke emissions
that may reasonably be anticipated to endanger public health or
welfare. In the same document, we set a first phase of emission
standards (now referred to as Tier 1 standards) for land-based nonroad
diesel engines rated at or above 37 kW. We recently added a more
stringent set of Tier 2 and Tier 3 emission levels for new land-based
nonroad diesel engines at or above 37 kW and adopted Tier 1 standards
for land-based nonroad diesel engines less than 37 kW. Our other
emission-control programs for nonroad engines are listed in Table I.F-
1. This proposal takes another step toward the comprehensive nonroad
engine emission-control strategy envisioned in the Act by proposing an
emission-control program for the remaining unregulated nonroad engines.
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\5\ This study is avaialble in docket A-92-28.
Table I.F-1.--EPA's Nonroad Emission-Control Programs
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Engine category Final rule Date
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Land-based diesel engines 37 56 FR 31306 June 17, 1994.
kW--Tier 1.
Spark-ignition engines 19 kW-- 60 FR 34581 July 3, 1995.
Phase 1.
Spark-ignition marine................... 61 FR 52088 October 4, 1996.
Locomotives............................. 63 FR 18978 April 16, 1998.
Land-based diesel engines--Tier 1 and 63 FR 56968 October 23, 1998.
Tier 2 for engines 37 kW--Tier 2 and
Tier 3 for engines 37 kW.
Commercial marine diesel................ 64 FR 73300 December 29, 1999.
Spark-ignition engines 19 kW 64 FR 15208 March 30, 1999.
(Non-handheld)--Phase 2.
Spark-ignition engines 19 kW 65 FR 24268 April 25, 2000.
(Handheld)--Phase 2.
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b. National standards for marine engines. In the October 1996 final
rule for spark-ignition marine engines, we set standards only for
outboard and personal watercraft engines. We decided not to finalize
emission standards for sterndrive or inboard marine engines at that
time. Uncontrolled emission levels from sterndrive and inboard marine
engines were already significantly lower than the outboard and personal
watercraft engines. We did, however, leave open the possibility of
revisiting the need for emission standards for sterndrive and inboard
engines in the future.
c. National standards for highway motorcycles. National standards
for highway motorcycles were first established in the 1978 model year.
Interim standards were effective for the 1978 and 1979 model years, and
final standards took effect with the 1980 model year. These standards
remain in effect today, unchanged from more than two decades ago. These
standards, which have resulted in the phase-out of two-stroke engines
for highway motorcycles above 50cc displacement, achieved significant
reductions in emissions. The level of technology required to meet these
standards is widely considered to be comparable to the pre-catalyst
technology in the automobile. However, for the past two decades, other
agencies in Europe, Asia, and California have caused motorcycle
emission controls to keep some pace with the available technology. It
is clear that the impact of the current federal standards on technology
was fully realized by the mid-1980's, and that the international and
other efforts have been the recent driving factor in technology
development for motorcycle emissions control.
2. State Initiatives
Under Clean Air Act section 209, California has the authority to
regulate emissions from new motor vehicles and new motor vehicle
engines. California may also regulate emissions from nonroad engines,
with the exception of new engines used in locomotives and new engines
used in farm and construction equipment rated under 130 kW.\6\ So far,
the California Air Resources Board (California ARB) has adopted
requirements for four groups of nonroad engines: (1) Diesel- and Otto-
cycle small off-road engines rated under 19 kW; (2) new land-based
nonroad diesel engines rated over 130 kW; (3) land-based nonroad
recreational engines, including all-terrain vehicles, off-highway
motorcycles, go-carts, and other similar vehicles; and (4) new nonroad
SI engines rated over 19 kW. They have approved a voluntary
registration and control program for existing portable equipment.
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\6\ The Clean Air Act limits the role states may play in
regulating emissions from new motor vehicles and nonroad engines.
California is permitted to establish emission standards for new
motor vehicles and most nonroad engines; other states may adopt
California's programs (sections 209 and 177 of the Act). The Act
specifies the power rating minimum in terms of horsepower for farm
and construction equipment (175 hp = 130 kW).
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Other states may adopt emission standards set by California ARB,
but are otherwise preempted from setting
[[Page 53054]]
emission standards for new engines or vehicles. In contrast, there is
generally no federal preemption of state initiatives related to the way
individuals use individual engines or vehicles.
a. SI Marine engines. California ARB developed exhaust emission
standards for SI marine engines through two rulemakings. In 1998, they
adopted standards for outboards and personal watercraft that have three
stages. Beginning with the 2001 model year, manufacturers must meet the
2006 EPA national averaging standard for engines sold in California. In
addition, they require two more phases in 2004 and 2008 which reduce
the standards an additional 20 and 60 percent, respectively, beyond the
EPA standards.
Last year, California ARB also adopted exhaust emission standards
for sterndrive and inboard marine engines. These standards cap
HC+NOX emissions at 15 g/kW-hr beginning in 2003. In 2007,
45 percent of each manufacturer's product line must meet 5 g/kW-hr
HC+NOX. This production fraction becomes 75 percent in 2008
and 100 percent in 2009. Manufacturers will likely need to use
catalytic converters to meet this standard.
As part of the emission-control program for sterndrive and inboard
marine engines, California ARB has committed to performing a review of
emission-control technology in conjunction with the industry, U.S.
Coast Guard, and EPA. They intend to hold a technology review in 2003,
and if necessary, hold another technology review in 2005. The
technology review will focus on applying catalytic control to marine
engines operating in boats on the water. EPA is working with these
groups to continue to assess technical concerns related to introducing
catalysts on these marine engines.
b. Highway motorcycles. Motorcycle emission standards in California
were originally identical to the federal standards. However, California
ARB has revised their standards several times to bring them to their
current levels. In the 1982 model year the standards were modified to
tighten the HC standard from 5.0 g/km to 1.0 or 1.4 g/km, depending
upon engine displacement. California adopted an evaporative emission
standard of 2.0 g/test for 1983 and later model year motorcycles, and
later amended the regulations for 1988 and later model year
motorcycles, resulting in standards of 1.0 g/km HC for engines under
700cc and 1.4 g/km HC for 700cc and larger engines.
In 1999 California ARB finalized new standards for Class III
highway motorcycles that will take effect in two phases--``Tier 1''
standards starting with the 2004 model year, followed by ``Tier
2''standards starting with the 2008 model year. The Tier 1 standard is
1.4 g/km HC+NOX, and the Tier 2 standard is 0.8 g/km
HC+NOX. The CO standard remains at 12.0 g/km.
3. Actions in Other Countries
a. European action--Recreational Marine Engines. The European
Commission has proposed emission standards for recreational marine
engines, including both diesel and gasoline engines. These requirements
would apply to all new engines sold in member countries. The numerical
emission standards for SD/I marine engines, are shown in Table I.F-2.
Table I.F-2 also presents average baseline emissions based on data that
we have collected. These data are presented in Chapter 4 of the Draft
Regulatory Support Document. We have received comment that we should
apply these standards in the U.S., but the proposed European emission
standards for SD/I marine engines may not result in a decrease in
emissions, and based on emissions information we now have, would in
some cases allow an increase in emissions from current designs of
engines operated in the U.S.
Table I.F-2.--Proposed European Emission Standards for Four-Stroke
Spark-Ignition Marine Engines
------------------------------------------------------------------------
Emission Baseline
Pollutant standard (g/kW- emissions (g/
hr) kW-hr)
------------------------------------------------------------------------
NOX................................... 15.0 9.7
HC.................................... \a\7.2 5.8
CO.................................... \a\154 141
------------------------------------------------------------------------
\a\ For a 150 kW engine; decreases slightly with increasing engine power
rating.
b. Highway motorcycles. Under the auspices of the United Nations/
Economic Commission for Europe (UN/ECE) there is an ongoing effort to
develop a global harmonized world motorcycle test cycle (WMTC). The
objective of this work is to develop a scientifically supported test
cycle that accurately represents the in-use driving characteristics of
motorcycles. The United States is also a participating member of UN/
ECE. This is an ongoing process that EPA is actively participating in,
but that will not likely result in an action until sometime in 2003 or
2004. If an international test procedure is agreed upon by the
participating nations, we plan to initiate a rulemaking process to
propose adopting the global test cycle as part of the U.S. regulations.
The European Union (EU) recently finalized a new phase of
motorcycle standards, which will start in 2003, and are considering a
second phase to start in 2006. The 2003 European standards are more
stringent than the existing Federal standards, being somewhat
comparable to the California Tier 1 standards taking effect in 2004.
The standards being considered for 2006, along with a revised test
cycle (as an interim cycle to bridge between the current EU cycle and a
possible WMTC cycle in the future) are likely to be proposed soon by
the EU. As of April 2002 the 2006 European standards and test cycle are
being considered and debated by the European Parliament and the
European Commission.
Many other nations, particularly in southeast Asia where low-
displacement two-stroke motorcycles are ubiquitous, have established
standards that could be considered quite stringent. Taiwan, in
particular, is often noted for having some of the most stringent
standards in the world, but India, China, Japan, and Thailand, are
moving quickly towards controlling what is, in those nations, a
significant contributor to air pollution problems.
4. Recently Proposed EPA Standards for Nonroad Engines
This proposal is the second part of an effort to control emissions
from nonroad engines that are currently unregulated and for updating
Federal emissions standards for highway motorcycles. The first part of
this effort was a proposal published on October 5, 2001 for emission
control from large spark-ignition engines such as those used in
forklifts and airport tugs; recreational
[[Page 53055]]
vehicles using spark-ignition engines such as off-highway motorcycles,
all-terrain vehicles, and snowmobiles; and recreational marine diesel
engines. The October 5, 2001 proposal includes general provisions in
proposed 40 CFR part 1068 that address the applicability of nonroad
engine standards, which could be relevant to commenters.
With regard to Large SI engines, we proposed a two-phase program.
The first phase of the standards, to go into effect in 2004, are the
same as those recently adopted by the California Air Resources Board.
In 2007, we propose to supplement these standards by setting limits
that would require optimizing the same technologies but would be based
on a transient test cycle. New requirements for evaporative emissions
and engine diagnostics would also start in 2007.
For recreational vehicles, we proposed emission standards for
snowmobiles separately from off-highway motorcycles and all-terrain
vehicles. For snowmobiles, we proposed a first phase of standards for
HC and CO emissions based on the use of clean carburetion or 2-stroke
electronic fuel injection (EFI) technology, and a second phase of
emission standards for snowmobiles that would involve use of direct
fuel injection 2-stroke and some 4-stroke technology. For off highway
motorcycles and all-terrain vehicles, we proposed standards based
mainly on moving these engines from 2-stroke to 4-stroke technology. In
addition, we proposed a second phase of standards for all-terrain
vehicles that could require some catalyst use.
For marine diesel engines, we proposed to extend our commercial
marine diesel engine standards to diesel engines used on recreational
vessels. These standards would phase in beginning in 2006.
II. Public Health and Welfare Effects of Emissions From Covered
Engines
A. Background
This proposal contains regulatory strategies to control evaporative
emissions from marine vessels that use spark ignition engines. Spark-
ignition marine vessels include vessels that use sterndrive and inboard
engines as well as outboards and personal watercraft. Most of these
vessels are recreational, but there are some commercial vessels that
use spark-ignition engines as well. The standards we are proposing in
this document for marine vessels may require changes to the fuel system
or fuel tank. We are also proposing revised standards for highway
motorcycles. The current HC and CO emission standards for highway
motorcycles were set in 1978 and are based on 1970s technology. The
proposed standards are harmonized to California's emission limits, but
also include new requirements for under 50 cc motorcycles.
Nationwide, marine vessels and on-highway motorcycles are an
important source of mobile-source air pollution (see section II-C). We
determined that marine vessels that use spark-ignition engines cause or
contribute to ozone and carbon monoxide pollution in more than on
nonattainment area in an action dated February 7, 1996 (61 FR 4600).
These engines continue to contribute to these problems because they are
primarily used in warm weather and therefore their HC, NOX,
CO, and PM emissions contribute to ozone formation and ambient PM and
CO levels, and because they are primarily used in marinas and
commercial ports that are frequently located in nonattainment areas
such as Chicago and New York. Evaporative emissions from marine vessels
are also significant for similar reasons and because the emissions
occur all the time rather than just when the engine is running.
Similarly, on-highway motorcycles are typically used in warm, dry
weather when their HC and NOX emissions are most likely to
form ozone, thus adding to ground-level ozone levels and contributing
to ozone nonattainment.
We expect that implementation of the proposed standards would
result in about a 50 percent reduction in HC emissions and
NOX emissions from highway motorcycles in 2020. We expect
that the proposed standards would result in about a 56 percent
reduction in evaporative HC emissions from marine vessels using spark-
ignition engines in 2020 (see Section VI below for more details). These
emission reductions would reduce ambient concentrations of ozone, and
fine particles, which is a health concern and contributes to visibility
impairment. The standards would also reduce personal exposure for
people who operate or who work with or are otherwise in close proximity
to these engines and vehicles. As summarized below and described more
fully in the Draft Regulatory Support Document for this proposal, many
types of hydrocarbons are air toxics. By reducing these emissions, the
proposed standards would provide assistance to states facing ozone air
quality problems, which can cause a range of adverse health effects,
especially in terms of respiratory impairment and related illnesses.
States are required to develop plans to address visibility impairment
in national parks, and the reductions proposed in this rule would
assist states in those efforts.
B. What Are the Public Health and Welfare Effects Associated With
Emissions From Nonroad Engines and Motorcycles Subject to the Proposed
Standards?
Marine vessels that use spark-ignition engines and highway
motorcycles generate emissions that contribute to ozone formation and
ambient levels of PM, and air toxics. This section summarizes the
general health effects of these pollutants. National inventory
estimates are set out in Section II.C, and estimates of the expected
impact of the proposed control programs are described in Section VI.
Interested readers are encouraged to refer to the Draft Regulatory
Support Document for this proposal for more in-depth discussions.
1. Health and Welfare Effects Associated with Ground Level Ozone and
its Precursors
Volatile organic compounds (VOC) and NOX are precursors
in the photochemical reaction which forms tropospheric ozone. Ground-
level ozone, the main ingredient in smog, is formed by complex chemical
reactions of VOCs and NOX in the presence of heat and
sunlight. Hydrocarbons (HC) are a large subset of VOC, and to reduce
mobile-source VOC levels we set maximum emissions limits for
hydrocarbon and particulate matter emissions.
A large body of evidence shows that ozone can cause harmful
respiratory effects including chest pain, coughing, and shortness of
breath, which affect people with compromised respiratory systems most
severely. When inhaled, ozone can cause acute respiratory problems;
aggravate asthma; cause significant temporary decreases in lung
function of 15 to over 20 percent in some healthy adults; cause
inflammation of lung tissue; produce changes in lung tissue and
structure; may increase hospital admissions and emergency room visits;
and impair the body's immune system defenses, making people more
susceptible to respiratory illnesses. Children and outdoor workers are
likely to be exposed to elevated ambient levels of ozone during
exercise and, therefore, are at a greater risk of experiencing adverse
health effects. Beyond its human health effects, ozone has been shown
to injure plants, which has the effect of reducing crop yields and
reducing productivity in forest ecosystems.
[[Page 53056]]
There is strong and convincing evidence that exposure to ozone is
associated with exacerbation of asthma-related symptoms. Increases in
ozone concentrations in the air have been associated with increases in
hospitalization for respiratory causes for individuals with asthma,
worsening of symptoms, decrements in lung function, and increased
medication use, and chronic exposure may cause permanent lung damage.
The risk of suffering these effects is particularly high for children
and for people with compromised respiratory systems.
Ground level ozone today remains a pervasive pollution problem in
the United States. In 1999, 90.8 million people (1990 census) lived in
31 areas designated nonattainment under the 1-hour ozone NAAQS.\7\ This
sharp decline from the 101 nonattainment areas originally identified
under the Clean Air Act Amendments of 1990 demonstrates the
effectiveness of the last decade's worth of emission-control programs.
However, elevated ozone concentrations remain a serious public health
concern throughout the nation.
---------------------------------------------------------------------------
\7\ National Air Quality and Emissions Trends Report, 1999, EPA,
2001, at Table A-19. This document is available at http://www.epa.gov/oar/aqtrnd99/. The data from the Trends report are the
most recent EPA air quality data that have been quality assured. A
copy of this table can also be found in Docket No. A-2000-01,
Document No. II-A-64.
---------------------------------------------------------------------------
Over the last decade, declines in ozone levels were found mostly in
urban areas, where emissions are heavily influenced by controls on
mobile sources and their fuels. Twenty-three metropolitan areas have
realized a decline in ozone levels since 1989, but at the same time
ozone levels in 11 metropolitan areas with 7 million people have
increased.\8\ Regionally, California and the Northeast have recorded
significant reductions in peak ozone levels, while four other regions
(the Mid-Atlantic, the Southeast, the Central and Pacific Northwest)
have seen ozone levels increase.
---------------------------------------------------------------------------
\8\ National Air Quality and Emissions Trends Report, 1998,
March, 2000, at 28. This document is available at http://www.epa.gov/oar/aqtrnd98/. The data from the Trends report are the
most recent EPA air quality data that have been quality assured. A
copy of this table can also be found in Docket No. A-2000-01,
Document No. II-A.-63.
---------------------------------------------------------------------------
The highest ambient concentrations are currently found in suburban
areas, consistent with downwind transport of emissions from urban
centers. Concentrations in rural areas have risen to the levels
previously found only in cities. Particularly relevant to this
proposal, ozone levels at 17 of our National Parks have increased, and
in 1998, ozone levels in two parks, Shenandoah National Park and the
Great Smoky Mountains National Park, were 30 to 40 percent higher than
the ozone NAAQS over part of the last decade.\9\
---------------------------------------------------------------------------
\9\ National Air Quality and Emissions Trends Report, 1998,
March, 2000, at 32. This document is available at http://www.epa.gov/oar/aqtrnd98/. The data from the trends report are the
most recent EPA air quality data that have been quality assured. A
copy of this table can also be found in Docket No. A-2000-01,
Document No. II-A-63.
---------------------------------------------------------------------------
To estimate future ozone levels, we refer to the modeling performed
in conjunction with the final rule for our most recent heavy-duty
highway engine and fuel standards.\10\ We performed ozone air quality
modeling for the entire Eastern U.S. covering metropolitan areas from
Texas to the Northeast.\11\ This ozone air quality model was based upon
the same modeling system as was used in the Tier 2 air quality
analysis, with the addition of updated inventory estimates for 2007 and
2030. The results of this modeling were examined for those 37 areas in
the East for which EPA's modeling predicted exceedances in 2007, 2020,
and/or 2030 and the current 1-hour design values are above the standard
or within 10 percent of the standard. This photochemical ozone modeling
for 2020 predicts exceedances of the 1-hour ozone standard in 32 areas
with a total of 89 million people (1999 census) after accounting for
light- and heavy-duty on-highway control programs.\12\ We expect the
NOX and HC control strategies contained in this proposal for
marine vessels that use spark-ignition engines and highway motorcycles
will further assist state efforts already underway to attain and
maintain the 1-hour ozone standard.
---------------------------------------------------------------------------
\10\ Additional information about this modeling can be found in
our Regulatory Impact Analysis: Heavy-Duty Engine and Vehicle
Standards and Highway Diesel Fuel Sulfur Contro Requirements,
document EPA420-R-00-026, December 2000. This document is available
at http://www.epa.gov/otaq/diesel.htm#documents and in Docket No. 1-
2000-01, Document No. II-A-13.
\11\ We also performed ozone air quality modeling for the
western United States but, as described further in the air quality
technical support document, model predictions were well below
corresponding ambient concentrations for out heavy-duty engine
standards and fuel sulfur control rulemaking. Because of poor model
performance for this region of the country, the results of the
Western ozone modeling were not relied on for that rule.
\12\ Regulatory Impact Analysis: Heavy-Duty Engine and Vehicle
Standards and Highway Diesel Fuel Sulfur Control Requirements, US
EPA, EPA420-R-00-026, December 2000, at II-14, Table II.A-2. Docket
No. A-2000-01, Document Number II-A-13. This document is also
available at http://www.epa.gpa.gov/otaq/diesel/htm#documents.
---------------------------------------------------------------------------
In addition to the health effects described above, there exists a
large body of scientific literature that shows that harmful effects can
occur from sustained levels of ozone exposure much lower than 0.125
ppm.\13\ Studies of prolonged exposures, those lasting about 7 hours,
show health effects from prolonged and repeated exposures at moderate
levels of exertion to ozone concentrations as low as 0.08 ppm. The
health effects at these levels of exposure include transient pulmonary
function responses, transient respiratory symptoms, effects on exercise
performance, increased airway responsiveness, increased susceptibility
to respiratory infection, increased hospital and emergency room visits,
and transient pulmonary respiratory inflammation.
---------------------------------------------------------------------------
\13\ Additional information about theses studies can be found in
Chapter 2 of ``Regulatory Impact Analysis: Heavy-Duty Engine and
Vehicle Standards and Highway Diesel Fuel Sulfur Control
Requirements,'' December 2000, EPA420-R-00-026. Docket No. A-2000-
01, Document Number II-A-13. This document is also available at
http://www.epa.gov/otaq/diesel.htm#documents.
---------------------------------------------------------------------------
Prolonged and repeated ozone concentrations at these levels are
common in areas throughout the country, and are found both in areas
that are exceeding, and areas that are not exceeding, the 1-hour ozone
standard. Areas with these high concentrations are more widespread than
those in nonattainment for that 1-hour ozone standard. Monitoring data
indicates that 334 counties in 33 states exceeded these levels in 1997-
99.\14\ The Agency's most recent photochemical ozone modeling forecast
that 111 million people are predicted to live in areas that are at risk
of exceeding these moderate ozone levels for prolonged periods of time
in 2020 after accounting for expected inventory reductions due to
controls on light- and heavy-duty on-highway vehicles.\15\
---------------------------------------------------------------------------
\14\ A copy of this data can be found in Air Docket A-2000-01,
Document No. II-A-80.
\15\ Memorandum to Docket A-99-06 from Eric Ginsburg, EPA,
``Summary of Model-Adjusted Ambient Concentrations for Certain
Levels of Ground-Level Ozone over Prolonger Periods,'' November 22,
2000, at Table C, Control Scenario--2020 Populations In Eastern
Metropolitan Counties with Predicted Daily 8-Hour Ozone greater than
or equal to 0.080 ppm. Docket A-2000-01, Document Number II-B-13.
---------------------------------------------------------------------------
2. Health and Welfare Effects Associated With Particulate Matter
Highway motorcycles contribute to ambient particulate matter
through direct emissions of particulate matter in the exhaust. Both
marine vessels and highway motorcycles contribute to indirect formation
of PM through their emissions of organic carbon, especially HC. Organic
carbon accounts for between 27 and 36 percent of fine particle mass
depending on the area of the country.
[[Page 53057]]
Particulate matter represents a broad class of chemically and
physically diverse substances. It can be principally characterized as
discrete particles that exist in the condensed (liquid or solid) phase
spanning several orders of magnitude in size. All particles equal to
and less than 10 microns are called PM10. Fine particles can
be generally defined as those particles with an aerodynamic diameter of
2.5 microns or less (also known as PM2.5), and coarse
fraction particles are those particles with an aerodynamic diameter
greater than 2.5 microns, but equal to or less than a nominal 10
microns.
Particulate matter, like ozone, has been linked to a range of
serious respiratory health problems. Scientific studies suggest a
likely causal role of ambient particulate matter (which is attributable
to several of sources including mobile sources) in contributing to a
series of health effects. The key health effects categories associated
with ambient particulate matter include premature mortality,
aggravation of respiratory and cardiovascular disease (as indicated by
increased hospital admissions and emergency room visits, school
absences, work loss days, and restricted activity days), aggravated
asthma, acute respiratory symptoms, including aggravated coughing and
difficult or painful breathing, chronic bronchitis, and decreased lung
function that can be experienced as shortness of breath. Observable
human noncancer health effects associated with exposure to diesel PM
include some of the same health effects reported for ambient PM such as
respiratory symptoms (cough, labored breathing, chest tightness,
wheezing), and chronic respiratory disease (cough, phlegm, chronic
bronchitis and suggestive evidence for decreases in pulmonary
function). Symptoms of immunological effects such as wheezing and
increased allergenicity are also seen. Epidemiology studies have found
an association between exposure to fine particles and such health
effects as premature mortality or hospital admissions for
cardiopulmonary disease.
PM also causes adverse impacts to the environment. Fine PM is the
major cause of reduced visibility in parts of the United States,
including many of our national parks. Other environmental impacts occur
when particles deposit onto soils, plants, water or materials. For
example, particles containing nitrogen and sulphur that deposit on to
land or water bodies may change the nutrient balance and acidity of
those environments. Finally, PM causes soiling and erosion damage to
materials, including culturally important objects such as carved
monuments and statues. It promotes and accelerates the corrosion of
metals, degrades paints, and deteriorates building materials such as
concrete and limestone.
The NAAQS for PM10 were established in 1987. The most
recent PM10 monitoring data indicate that 14 designated
PM10 nonattainment areas with a projected population of 23
million violated the PM10 NAAQS in the period 1997-99. In
addition, there are 25 unclassifiable areas that have recently recorded
ambient concentrations of PM10 above the PM10
NAAQS.\16\
---------------------------------------------------------------------------
\16\ EPA adopted a policy in 1996 that allows areas with
PM10 exceedances that are attributable to natural events
to retain their designation as unclassifiable if the State is taking
all reasonable measures to safeguard public health regardless of the
sources of PM10 emissions.
---------------------------------------------------------------------------
Current 1999 PM2.5 monitored values, which cover about a
third of the nation's counties, indicate that at least 40 million
people live in areas where long-term ambient fine particulate matter
levels are at or above 16 g/m3 (37 percent of the
population in the areas with monitors).\17\ According to our national
modeled predictions, there were a total of 76 million people (1996
population) living in areas with modeled annual average
PM2.5 concentrations at or above 16 g/m3
(29 percent of the population).\18\ This 16 g/m3
threshold is the low end of the range of long term average
PM2.5 concentrations in cities where statistically
significant associations were found with serious health effects,
including premature mortality.\19\
---------------------------------------------------------------------------
\17\ Memorandum to Docket A-99-06 from Eric O. Ginsburg, Senior
Program Advisor, ``Summary of 1999 Ambient Concentrations of Fine
Particulate Matter,'' November 15, 2000. Air Docket A-2000-01,
Docket No. II-B-12. For information regarding estimates for future
PM2.5 levels, See information about the Regulatory Model
System for Aerosols and Deposition (REMSAD) and our modeling
protocols, which can be found in the Regulatory Impact Analysis:
Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel
Sulfur Controls Requirements, document EPA 420-R-00-026, December
2000. Docket No. A-2000-01, Document No. A-II-13. This document is
also available at http://www.epa.gov/otaq/diesel.htm#documents. Also
see Technical Memorandum, EPA Air Docket A-99-06, Eric O. Ginsburg,
Senior Program Advisor, Emissions Monitoring and Analysis Division,
OAQPs, Summary of Absolute Modeled and Model-Adjusted Estimates of
Fine Particulate Matter for Selected Years, December 6, 2000, Table
P-2. Docket Number 2000-01, Document Number II-B-14.
\18\ Memorandum to Docket A-99-06 from Eric O. Ginsburg, Senior
Program Advisor, ``Summary of Absolute Modeled and Model-Adjusted
Estimates of Fine Particulate Matter for Selected Years,'' December
6, 2000. Air Docket A-2000-01, Docket No. II-B-14.
\19\ EPA (1996) Review of the National Ambient Air Quality
Standards for Particulate Matter: Policy Assessment of Scientific
and Technical Information OAQPS Staff Paper. EPA-452/R-96-013.
Docket Number A-99-06, Documents Nos. II-A-18, 19, 20, and 23. The
particulate matter air quality criteria documents are also available
at http://www.epa.gov/ncea/partmatt.htm.
---------------------------------------------------------------------------
We expect the PM reductions that result from control strategies
contained in this proposal will further assist state efforts already
underway to attain and maintain the PM NAAQS.
3. Health Effects Associated with Air Toxics
In addition to the human health and welfare impacts described
above, emissions from the engines covered by this proposal also contain
several Mobile Source Air Toxics, including benzene, 1,3-butadiene,
formaldehyde, acetaldehyde, and acrolein.\20\ The health effects of
these air toxics are described in more detail in Chapter 1 of the Draft
Regulatory Support Document for this rule. Additional information can
also be found in the Technical Support Document for our final Mobile
Source Air Toxics rule.\21\ The hydrocarbon controls contained in this
proposal are expected to reduce exposure to air toxics and therefore
may help reduce the impact of these engines on cancer and noncancer
health effects.
---------------------------------------------------------------------------
\20\ EPA recently finalized a list of 21 Mobile Source Air
Toxics, including VOCS, metals, and diesel particulate matter and
diesel exhaust organic gases (collectively DPM+DEOG). 66 FR 17230,
March 29, 2001.
\21\ See our Mobile Source Air Toxics final rulemaking, 66 FR
17230, March 29, 2001, and the Technical Support Document for that
rulemaking. Docket No. A-2000-01, Documents Nos. II-A-42 and II-A-
30.
---------------------------------------------------------------------------
C. What Is the Inventory Contribution of These Sources?
The spark-ignition marine vessels and highway motorcycles that
would be subject to the proposed standards contribute to the national
inventories of pollutants that are associated with the health and
public welfare effects described in Section II.B. To estimate nonroad
engine and vehicle emission contributions, we used the latest version
of our NONROAD emissions model. This model computes nationwide, state,
and county emission levels for a wide variety of nonroad engines, and
uses information on emission rates, operating data, and population to
determine annual emission levels of various pollutants. Emission
estimates for highway motorcycles were developed using information on
the certification levels of current motorcycles and updated information
on motorcycle use provided by the motorcycle industry. A more detailed
description of the modeling and our estimation methodology can be found
in the
[[Page 53058]]
Chapter 6 of the Draft Regulatory Support Document.
Baseline emission inventory estimates for the year 2000 for the
marine vessels and highway motorcycles covered by this proposal are
summarized in Table II.C-1. This table shows the relative contributions
of the different mobile-source categories to the overall national
mobile-source inventory. Of the total emissions from mobile sources,
evaporative emissions from spark-ignition marine vessels contribute
about 1.3 percent of HC. Highway motorcycles contribute about 1.1
percent, 0.1 percent, 0.4 percent, and 0.1 percent of HC,
NOX, CO, and PM emissions, respectively, in the year 2000.
Our draft emission projections for 2020 for the spark-ignition
marine vessels and highway motorcycles that would be subject to the
proposed standards show that emissions from these categories are
expected to increase over time if left uncontrolled. The projections
for 2020 are summarized in Table II.C-2 and indicate that the
evaporative emissions from marine vessel are expected to contribute 1.8
percent of mobile source HC, and motorcycles are expected to contribute
2.3 percent, 0.2 percent, 0.6 percent, and 0.1 percent of mobile source
HC, NOX, CO, and PM emissions in the year 2020. Population
growth and the effects of other regulatory control programs are
factored into these projections.
Table II.C-1.--Modeled Annual Emission Levels for Mobile-Source Categories in 2000
[Thousand short tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX HC CO PM
------------------------------------------------------------------------------------------------------------
Category Percent of Percent of Percent of Percent of
Tons mobile Tons mobile Tons mobile Tons mobile
source source source source
--------------------------------------------------------------------------------------------------------------------------------------------------------
Highway Motorcycles........................ 8 0.1 35 0.5 331 0.4 0.4 0.1
Marine SI Evaporative...................... 0 0.0 108 1.3 0 0.0 0 0.0
============================================================================================================
Marine SI Exhaust.......................... 32 0.2 708 9.6 2,144 2.8 38 5.4
Nonroad Industrial SI > 19 kW.............. 306 2.3 247 3.2 2,294 3.0 1.6 0.2
Recreational SI............................ 13 0.1 737 9.6 2,572 3.3 5.7 0.8
Recreation Marine CI....................... 24 0.2 1 0.0 4 0.0 1 0.1
Nonroad SI 19 kW.......................... 106 0.8 1,460 19.1 18,359 23.6 50 7.2
Nonroad CI................................. 2,625 19.5 316 4.1 1,217 1.6 253 36.2
Commercial Marine CI....................... 977 7.3 30 0.4 129 0.2 41 5.9
Locomotive................................. 1,192 8.9 47 0.6 119 0.2 30 4.3
============================================================================================================
Total Nonroad.............................. 5,275 39 3,646 48 26,838 35 420 60
Total Highway.............................. 7,981 59 3,811 50 49,813 64 240 34
Aircraft................................... 178 1 183 2 1,017 1 39 6
------------------------------------------------------------------------------------------------------------
Total Mobile Sources....................... 13,434 100 7,640 100 77,668 100 699 100
============================================================================================================
Total Man-Made Sources..................... 24,538 ............ 18,586 ............ 99,747 ............ 3,095 ............
Mobile Source percent of Total Man-Made 55% ............ 41% ............ 78% ............ 23% ............
Sources...................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table II.C-2.--Modeled Annual Emission Levels for Mobile-Source Categories in 2020
[Thousand short tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX HC CO PM
------------------------------------------------------------------------------------------------------------
Category Percent of Percent of Percent of Percent of
Tons mobile Tons mobile Tons mobile Tons mobile
source source source source
--------------------------------------------------------------------------------------------------------------------------------------------------------
Highway Motorcycles........................ 14 0.2 58 0.9 572 0.6 0.8 0.1
Marine SI Evaporative...................... 0 0.0 114 1.8 0 0.0 0 0.0
============================================================================================================
Marine SI Exhaust.......................... 58 0.9 284 4.6 1,985 2.2 28 4.4
Nonroad Industrial SI > 19 kW.............. 486 7.8 348 5.6 2,991 3.3 2.4 0.4
Recreational SI............................ 27 0.4 1,706 27.7 5,407 3.3 7.5 1.2
[[Page 53059]]
Recreation Marine CI....................... 39 0.6 1 0.0 6 0.0 1.5 0.2
Nonroad SI 19 kW.......................... 106 1.7 986 16.0 27,352 30.5 77 12.2
Nonroad CI................................. 1,791 28.8 142 2.3 1,462 1.6 261 41.3
Commercial Marine CI....................... 819 13.2 35 0.6 160 0.2 46 7.3
Locomotive................................. 611 9.8 35 0.6 119 0.1 21 3.3
============================================================================================================
Total Nonroad.............................. 3,937 63 3,651 59 39,482 44 444 70
Total Highway.............................. 2,050 33 2,276 37 48,906 54 145 23
Aircraft................................... 232 4 238 4 1,387 2 43 7
------------------------------------------------------------------------------------------------------------
Total Mobile Sources....................... 6,219 100 6,165 100 89,775 100 632 100
============================================================================================================
Total Man-Made Sources..................... 16,195 ............ 16,234 ............ 113,443 ............ 3,016
Mobile Source percent of Total Man-Made 38% ............ 38% ............ 79% ............ 21% ............
Sources...................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
III. Evaporative Emission Control From Boats
A. Overview
Evaporative emissions refer to hydrocarbons released into the
atmosphere when gasoline, or other volatile fuels, evaporate from a
fuel system. These emissions come from four primary mechanisms: hot
soak, diurnal heating, vapor displacement during refueling, and
permeation from tanks and hoses. Hot soak emissions occur when fuel
evaporates from hot engine surfaces such as parts of the carburetor as
a result of engine operation. These are minimal on fuel-injected
engines. Control of hot soak emissions involves the engine manufacturer
rather than the tank manufacturer.
Currently, most fuel tanks in boats are vented to atmosphere
through vent hoses. Diurnal emissions, which represent about 20 percent
of the evaporative emissions from boats, occur as the fuel in the tank
and fuel lines heats up due to increases in ambient temperature. As the
fuel heats, it forms hydrocarbon vapor which is vented to the
atmosphere. Refueling emissions are vapors that are displaced from the
fuel tank to the atmosphere when fuel is dispensed into the tank and
only represent a small portion of the total evaporative emissions.
Permeation refers to when fuel penetrates the material used in the fuel
system and is most common through plastic fuel tanks and rubber hoses.
This permeation makes up the majority of the evaporative emissions from
fuel tanks and hoses. Table III.A-1 presents our national estimates of
the evaporative hydrocarbon emissions from boats using spark-ignition
engines for 2000.
Table III.A-1.--Estimated Evaporative Emissions From Tanks/Hoses in 2000
------------------------------------------------------------------------
Evaporative emission component HC [tons]
------------------------------------------------------------------------
Diurnal breathing losses..................................... 22,700
Permeation through the fuel tank............................. 26,600
Permeation through hoses..................................... 43,200
Refueling vapor displacement................................. 6,700
Hot Soak..................................................... 260
----------
Total evaporative emissions.............................. 100,000
------------------------------------------------------------------------
This section describes the new provisions proposed for 40 CFR part
1045, which would apply only to boat manufacturers and fuel system
component manufacturers. This section also discusses proposed test
equipment and procedures (for anyone who tests fuel tanks and hoses to
show they meet emission standards) and proposed general compliance
provisions (for boat manufacturers, fuel system component
manufacturers, operators, repairers, and others).
We are proposing performance standards intended to reduce
permeation and diurnal evaporative emissions from boats using spark-
ignition engines. The proposed standards, which would apply to new
boats starting in 2008, are nominally based on manufacturers reducing
these sources of evaporative emissions by about 80 percent overall.
Because of the many small businesses that manufacture boats and fuel
tanks, we are proposing a flexible compliance program that is intended
to help minimize the burden of meeting the proposed requirements.
Based on a database maintained by the U.S. Coast Guard, we estimate
that there are nearly 1,700 boat builders producing boats that use
engines for propulsion. At least 1,200 of these boat builders install
gasoline-fueled engines and would therefore be subject to the
evaporative emission-control program discussed below. Our understanding
is that more than 90 percent of the boat builders identified so far
would be considered small businesses as defined by the Small Business
Administration for SIC code 3732. Some of these boat builders construct
their own fuel tanks either out of aluminum or fiberglass reinforced
plastic. However, the majority of fuel tanks used by boat builders are
purchased from fuel tank manufacturers.
We have determined that fuel tank manufacturers sell approximately
550,000 fuel tanks per year for gasoline storage on boats. The market
is divided into manufacturers that produce plastic tanks and
manufacturers that produce aluminum tanks. We have identified
[[Page 53060]]
nine companies that make plastic marine fuel tanks with total sales of
approximately 440,000 units per year. Of these plastic tanks, about 20
percent are portable while the rest are installed. We have determined
that there are at least five companies that make aluminum marine fuel
tanks with total sales of approximately 110,000 units per year. All but
one of the fuel tank manufacturers that we have identified are small
businesses as defined by the Small Business Administration for SIC Code
3713.
Our understanding is that there are four primary manufacturers of
marine hose used in fuel supply lines and venting. At least two of
these four manufacturers produce hoses for other transportation sources
as well and already supply low permeation hoses that would meet our
proposed standards. Only one U.S. manufacturer of fill neck hose has
been identified. The rest is shipped from overseas.
B. Boats/Fuel Systems Covered by This Proposal
Generally speaking, this proposed rule would cover the fuel systems
of all new marine vessels with spark-ignition (SI) engines. We include
boats and fuel systems that are used in the United States, whether they
are made domestically or imported.
In the ANPRM, we discussed exhaust and evaporative emissions from
boats using only sterndrive or inboard engines. As discussed later in
Section IV, we are not proposing exhaust emission standards for these
engines at this time. We are, however, proposing to expand the scope of
the evaporative emission standards discussed in the ANPRM, because we
see no significant technological differences between fuel tanks and
hoses used for sterndrive or inboard engines and those used for other
SI marine engines. In fact, fuel tank and hose manufacturers often sell
their products without knowing what type of marine engine will be used
with it.
1. Why Does This Apply Only to Marine Vessels Using Spark-Ignition
Engines?
Spark-ignition marine engines generally use gasoline fuel while
compression-ignition marine engines generally use diesel fuel. We are
proposing evaporative emission standards only for boats using spark-
ignition engines because diesel fuel has low volatility and, therefore,
does not evaporate readily. In fact, the evaporative emissions from
boats using diesel fuel are already significantly lower than standards
we are proposing for boats using spark-ignition marine engines.
2. Would the Proposed Standards Apply to All Vessels Using SI Engines
or Only to New Vessels?
The scope of this proposal is broadly set by Clean Air Act section
213(a)(3), which instructs us to set emission standards for new nonroad
engines and new nonroad vehicles. Generally speaking, the proposed rule
is intended to cover all new vessels. Once the emission standards apply
to these vessels, individuals or companies must get a certificate of
conformity from us before selling them in the United States. This
includes importation and any other means of introducing engines and
vehicles into commerce. The certificate of conformity (and
corresponding label) provide assurance that manufacturers have met
their obligation to make engines that meet emission standards over the
useful life we specify in the regulations.
3. How Do I Know if My Vessel Is New?
We are proposing to define ``new'' consistent with previous rules.
Under the proposed definition, a vessel is considered new until its
title has been transferred to the ultimate purchaser or the vessel has
been placed into service. Imported vessels would also be considered to
be new.
4. When Would Imported Vessels Need to Meet the Proposed Emission
Standards?
The proposed emissions standards would apply to all new vessels in
the United States. According to Clean Air Act section 216, ``new''
includes vessels that are imported by any person, whether freshly
manufactured or used. All vessels imported for introduction into
commerce would need an EPA-issued certificate of conformity to clear
customs, with limited exemptions (as described below).
Any marine vessel built after these emission standards take effect
and subsequently imported into the U.S. would be a new vessel for the
purpose of the regulations proposed in this document. This means it
would need to comply with the applicable emission standards. For
example, a marine vessel manufactured in a foreign country in 2004,
then imported into the United States in 2008, would be considered
``new.'' This provision is important to prevent manufacturers from
avoiding emission standards by building vessels abroad, transferring
their title, and then importing them as used vessels.
5. Would the Proposed Standards Apply to Exported Vessels?
Vessels intended for export would generally not be subject to the
requirements of the proposed emission-control program. However, vessels
that are exported and subsequently re-imported into the United States
would need to be certified.
6. Are There Any New Vessels That Would Not Be Covered?
We are proposing to extend our basic nonroad exemptions to the
engines and vehicles covered by this proposal. These include the
testing exemption, the manufacturer-owned exemption, the display
exemption, and the national security exemption. These exemptions are
described in more detail under Section III.E.3. In addition, the Clean
Air Act does not consider vessels used solely for competition to be
nonroad vehicles, so they are exempt from meeting the proposed emission
standards.
C. Proposed Evaporative Emission Requirements
Our general goal in designing the proposed standards is to develop
a program that will achieve significant emission reductions. The
standards are designed to ``achieve the greatest degree of emission
reduction achievable through the application of technology the
Administrator determines will be available for the engines or vehicles
to which such standards apply, giving appropriate consideration to the
cost of applying such technology within the period of time available to
manufacturers and to noise, energy, and safety factors associated with
the application of such technology.'' Section 213(a)(3) of the Clean
Air Act also instructs us to first consider standards equivalent in
stringency to standards for comparable motor vehicles or engines (if
any) regulated under section 202, taking into consideration
technological feasibility, costs, and other factors.
1. What are the Proposed Evaporative Emission Standards?
We are proposing to require reductions in diurnal emissions, fuel
tank permeation, and fuel system hose permeation from new vessels
beginning in 2008. The proposed standards are presented in Table III.C-
1 and represent more than a 25 percent reduction in diurnal emissions
and a 95 percent reduction in permeation from both plastic fuel tanks
and from hoses. Section III.F.1 presents the test procedures associated
with these proposed standards. Test temperatures
[[Page 53061]]
are presented in Table III.C-1 because they represent an important
parameter in defining the emission levels. The proposed fuel tank
venting and permeation standards are based on the total capacity of the
fuel tank as described below. The proposed hose permeation standards
are based on the inside surface area of the hose. We are not proposing
standards for hot soak and refueling emissions, as described above, at
this time.
Table III. C-1.--Proposed Evaporative Standards
----------------------------------------------------------------------------------------------------------------
Proposed emission
Evaporative emission component standard Test temperature
----------------------------------------------------------------------------------------------------------------
Diurnal Venting...................... 1.1 g/gallon/day........ 22.2-35.6 deg.C (72-96 deg.F)
Fuel tank permeation................. 0.08 g/gallon/day....... 40 deg.C (104 deg.F)
Hose permeation...................... 5 g/m\2\/day............ 23 deg.C (73 deg.F)
(15 g/m\2\/day with 15%
methanol blend).
----------------------------------------------------------------------------------------------------------------
The proposed emission standards are based on our evaluation of
several fuel system technologies (described in Section III.H) which
vary in cost and in efficiency. The proposed implementation date gives
manufacturers about five years to comply after we expect to issue final
standards . As discussed in more detail in Section III.H.1, this would
help minimize costs by allowing fuel tank manufacturers time to
implement controls in their tanks as designs normally turnover as
opposed to forcing turnover premature to normal business practice.
There are a multiplicity of tank sizes and shapes produced every year
and the cost and efficiency of the available emission-control
technologies will vary with these different configurations. In
determining the proposed standards, we considered costs and focused on
straightforward approaches that could potentially be used by all
businesses. As discussed in Section H.3, we believe that the approaches
in this proposal would comply with U.S. Coast Guard safety requirements
for fuel systems. Given all this, in the 2008 time frame, we believe an
average reduction of at least 80 percent in total evaporative emissions
from new boats can be achieved, considering the availability and cost
of technology, lead time, noise, energy and safety. We request comment
on the proposed standards and implementation dates, on the units used
for the fuel tank permeation standards (i.e. g/gallon/day versus g/
m\2\/day), and on the certification provisions discussed below. We are
also interested in comments regarding the cost of implementing the
proposed standards. Commenters are encouraged to provide specific data
when possible.
2. Will Averaging, Banking and Trading Be Allowed Across a
Manufacturer's Product Line?
An emission-credit program is an important factor we take into
consideration in setting emission standards that are appropriate under
Clean Air Act section 213. An emission-credit program can reduce the
cost and improve the technological feasibility of achieving standards,
helping to ensure the attainment of the standards earlier than would
otherwise be possible. Manufacturers gain flexibility in product
planning and the opportunity for a more cost-effective introduction of
product lines meeting a new standard. Emission-credit programs also
create an incentive for the early introduction of new technology, which
would allow certain vessels to be used to evaluate new technology. This
can provide valuable information to manufacturers on the technology
before they apply it throughout their product line. This early
introduction of lower-emitting technology improves the feasibility of
achieving the standards and can provide valuable information for use in
other regulatory programs that may benefit from similar technologies.
Emission-credit programs may involve averaging, banking, and
trading (ABT). Averaging allows a manufacturer to certify one or more
products at an emission level less stringent than the applicable
emission standard, as long as the increased emissions are offset by
products certified to a level more stringent than the applicable
standard. The over-complying products generate credits that can be used
by the under-complying products. Compliance is determined on a total
mass emissions basis to account for differences in production volume
and tank sizes among emission families. The average of all emissions
for a particular manufacturer's production must be at or below that
level of the applicable emission standard. Early banking allows a
manufacturer to certify early and generate credits for modifying their
fuel system to the 2008 compliance strategy. In 2008 and later, the
banking program would allow a manufacturer to generate credits and
retain them for future use. Trading involves the sale of banked credits
from one company to another.
We believe there is a variety of technology options that could be
used to meet the proposed standards for diurnal emissions. By using
different combinations of these technologies, manufacturers will be
able to produce products that achieve a range of emission reductions.
However, certain technologies may be more appropriate for different
applications. In some cases, manufacturers may need flexibility in
applying the emission-control technology to their products. For this
reason, we are proposing that the 1.1 g/gallon/day diurnal emission
standard be based a corporate average of a manufacturer's total
production. To meet this average level, manufacturers would be able to
divide their fuel tanks into different emission families and certify
each of their emission families to a different Family Emissions Level
(FEL). The FELs would then be weighted by sales volume and fuel tank
capacity to determine the average level across a manufacturer's total
production. An additional benefit of a corporate average approach is
that it provides an incentive for developing new technology that can be
used to achieve even larger emission reductions.
Participation in the ABT program would be voluntary. Any
manufacturer could choose to certify each of its evaporative emission
control families at levels which would meet the 1.1 g/gallon/day
proposed standard and would then comply with the average by default.
Some manufacturers may choose this approach as the could see it as less
complicated to implement.
The following is an example of how the proposed averaging program
for diurnal emissions could give a boat manufacturer flexibility in its
production. Suppose a boat builder was selling 10 boats, three with
100-gallon fuel tanks and seven with 50-gallon fuel tanks. In this
case, the boat builder constructs its own fuel tanks believes that an
open-vent configuration without any emission control is necessary for
the vessel application using the 100 gallon tanks. However, the
manufacturer is able to use closed-vent fuel tanks with a 2.0 psi
pressure relief valve in the
[[Page 53062]]
smaller fuel tanks. Using the design certification levels described in
Section III..F.3, the 100 gallon fuel tanks would have an FEL of 1.5 g/
gallon/day and the 50 gallon fuel tanks would have an FEL of 0.7 g/
gallon/day. The manufacturer would generate debits for the three boats
with 100 gallon fuel tanks using the following equation:
Debits = (1.5 g/gallon-1.1 g/gallon) x 3 tanks x 100 gallon/tank =
120 g
The manufacturer would need to use credits to cover these debits. The
boats certified using a closed vent with a 2.0 psi pressure relief
valve in this example would generate the following credits:
Credits = (1.1 g/gallon-0.7 g/gallon) x 7 tanks x 50 gallon/tank =
140 g
Because the credits are larger than the debits in this example, the
boat builder would meet the proposed corporate average standard by
certifying these ten boats.
We also propose to allow manufacturers to bank and trade emission
credits. We are proposing that emission credits generated under this
program have no expiration, with no discounting applied. The credits
would belong to the entity that certifies the fuel tank. In the above
example, the manufacturer would have 20 grams of credits (140 g-120 g =
20 g) that it could bank, either for trading or for later model year
averaging.
Beginning in 2004, we propose to allow early banking for diurnal
evaporative emissions. Under this program, manufacturers generate early
credits in 2004 through 2007 for adding new evaporative emission
control technology which would reduce diurnal emissions. These credits
could be banked and then used in 2008 and later. As a precaution
against creating an opportunity for windfall credits to be generated
from fuel systems already below the average baseline level we would
only allow credits to be generated below the proposed standard.
The following is an example of how early emission credits could be
generated. In this example, a boat builder sells 20 boats in the 2004
to 2007 time period, each with a 50 gallon fuel tank. If this boat
builder decided to sell one boat per year with a sealed tank and a 1.5
psi pressure relief valve (0.9 g/gallon/test), the boat builder would
be able to generate emission credits using the following equation:
Credits = (1.1 g/gallon-0.9 g/gallon/test) x 4 tanks x 50 gallon/
tank = 40 g
Over this time period, the boat builder would not generate any emission
debits. Therefore, the boat builder would have 40 grams of credits that
it could use in 2008 and later. We request comment on the proposed ABT
program for diurnal emissions.
We are supportive of the concept of ABT in general. An ABT program
can reduce cost and improve technological feasibility, and provide
manufacturers with additional product planning flexibility. This allows
EPA to consider emissions standards with the most appropriate level of
stringency and lead time, as well as providing an incentive for the
early introduction of new technology. However, while we are open to the
idea of including the program in the rule, we are not at this time
proposing to allow ABT for meeting the proposed fuel tank and hose
permeation standards. In preliminary discussions, manufacturers
indicated a desire to meet requirements directly rather than using an
ABT concept. From EPA's perspective including an ABT program in the
rule creates a long-term administrative burden that is not worth taking
on if the industry does not intend to take advantage of the
flexibility. While we believe that all fuel tanks and fuel hoses can
meet the proposed permeation standards using straight forward
technology as discussed in Section III.H, industry may find value in an
early banking program, especially for fuel tanks. Under this concept,
industry could certify some tanks early in exchange for time to delay
some tanks. This could potentially be done on a one-on-one basis, or
perhaps on a volumetric exchange basis. In addition, we do not preclude
the value of an averaging and trading program as a compliance
flexibility to meet the proposed permeation standards which represent a
95 percent reduction in permeation. We request comment on whether we
should adopt an ABT program for hose and fuel tank permeation
emissions.
3. Would These Standards Apply to Portable Fuel Tanks as Well?
For personal watercraft and most boats using SD/I or large outboard
engines, the fuel tanks are permanently mounted in the vessel. However,
small boats using outboard engines may have portable fuel tanks that
can be removed from the boat and stored elsewhere. Because these fuel
tanks are not sold as part of a boat, we would not require boat
builders that use only portable fuel tanks to certify to the proposed
evaporative emission standards described above for fuel tanks. The fuel
tank manufacturer would have to certify to the fuel tank diurnal and
permeation standards. For this purpose, we would consider a portable
fuel tank to be one that is not permanently mounted on the boat, has a
handle, and has no more than 12 gallons of fuel capacity.
Portable fuel tanks generally have a quick-connect that is used to
detach the fuel line between the engine and tank. Once the fuel line is
detached, this quick-connect will close. In addition, these tanks
generally have a valve that either closes automatically when the tank
is disconnected from the engine or a valve that can be closed by the
user which will prevent vapors from escaping from the tank when it is
stored.
We propose to allow design-based certification of portable fuel
tanks to the diurnal emission standard based on the criteria that they
seal automatically when the tank is disconnected from the engine and
that they meet the proposed fuel tank permeation standard. We believe
that the diurnal emissions from a typical portable fuel tank would be
well below the proposed standard provided that it is sealed when not in
use. Because the emission control depends on user practices, (such as
disconnecting the tank after use) we propose not allowing any credits
to be generated for diurnal emissions. We request comment on allowing
design-based certification of portable fuel tanks that have valves that
must be closed by the user.
4. Is EPA Proposing Voluntary ``Blue Sky'' Emissions Standards?
Several state and environmental groups and manufacturers of
emissions controls have supported our efforts to develop incentive
programs to encourage the use of emission control technologies that go
beyond federal emission standards. In the final rule for land-based
nonroad diesel engines, we included a program of voluntary standards
for low-emitting engines, referring to these as ``Blue Sky Series''
engines (63 FR 56967, October 23, 1998). Since then, we have included
similar programs in several of our other nonroad rules. The general
purposes of such programs are to provide incentives to manufacturers to
produce clean products as well as create market choices and
opportunities for environmental information for consumers regarding
such products. The voluntary aspects of these programs, which in part
provides an incentive for manufacturers willing to certify their
products to more stringent standards than necessary, is an important
part of the overall application of ``Blue Sky Series'' programs.
We are proposing a voluntary Blue Sky Series standard for diurnal
emissions from marine fuel tanks. Under this proposal we are targeting
[[Page 53063]]
close to a 95-percent reduction in diurnal evaporative emissions beyond
the proposed mandatory diurnal emission standards as a qualifying level
for Blue Sky fuel tanks. The proposed Blue Sky standard is 0.1 g/
gallon/day, which, as discussed in Section III.F.3, could be met
through the use of technologies such as a low permeation bladder fuel
tank.
Creating a voluntary standard for low diurnal emissions will be an
important step in advancing emission control technology. While these
are voluntary standards, they become binding on tanks produced under
that certificate once a manufacturer chooses to participate. EPA
certification will therefore provide protection against false claims of
environmentally beneficial products. A manufacturer choosing to certify
a fuel tank under this approach must comply with all the proposed
certification requirements including useful life, warranty, and other
general compliance provisions. This program would become effective when
we finalize this rule.
For the program to be most effective, however, incentives should
also be in place to motivate the production and sale of lower emitting
fuel tanks. We solicit ideas that could encourage the creation and use
of these incentive programs by users and state and local governments.
We believe it is important that such incentive programs lead to a net
benefit to the environment; therefore, we are proposing that fuel tanks
with the Blue Sky designation not generate extra ABT credits for
demonstrating compliance with this proposed standard. We also request
comment on additional measures we could take to encourage development
and introduction of low emission control technology. Finally, we
request comment on the Blue Sky approach in general as it would apply
to marine fuel tanks.
5. What Is Consumer-Choice Labeling?
California ARB has recently proposed consumer/environmental label
requirements for outboard and personal watercraft engines. Under this
approach, manufacturers would label their engines or vehicles based on
their certified emission level. California has proposed three different
labels to differentiate varying degrees of emission control--one for
meeting the EPA 2006 standard, one for being 20 percent lower, and one
for being 65 percent below. More detail on this concept is provided in
the docket.\22\
---------------------------------------------------------------------------
\22\ ``Public Hearing to Consider Amendments to the Spark-
Ignition Marine Engine Regulations,'' Mail Out #MSC 99-15, June 22,
1999 (Docket A-2000-01, Document II-A-27).
---------------------------------------------------------------------------
We are considering a similar approach to labeling the vessels
subject to this proposal. This would apply especially to consumer
products. Consumer-choice labeling would give people the opportunity to
consider varying emission levels as a factor in choosing specific
models. This may also give the manufacturer an incentive to produce
more of their cleaner models. A difficulty in designing a labeling
program is in creating a scheme that communicates information clearly
and simply to consumers. Also, some are concerned that other
organizations could use the labeling provisions to mandate certain
levels of emission control, rather than relying on consumer choice as a
market-based incentive. We request comment on this approach for marine
vessels.
D. Demonstrating Compliance
1. How Would I Certify My Products?
We are proposing to apply our emission standards to vessels, but
allow certification of fuel tanks and hoses separately. For both cases,
we are proposing a certification process similar to our existing
program for other mobile sources. In the existing program,
manufacturers test representative prototype designs and submit the
emission data along with other information to EPA in an application for
a Certificate of Conformity. As discussed in Section III.F.3, we are
proposing to allow manufacturers to certify based on either design (for
which there is data) or emissions testing. If we approve the
application, then the manufacturer's Certificate of Conformity allows
the manufacturer to produce and sell the vessels or fuel systems
described in the application in the U.S.
We are proposing that manufacturers certify their vessels, fuel
tanks, or hoses by grouping them into emission families. Under this
approach, vessels, fuel tanks, or hoses systems expected to have
similar emission characteristics would be classified in the same
emission family. The emission family definition is fundamental to the
certification process and to a large degree determines the amount of
testing required for certification. To address a manufacturer's unique
product mix, we may approve using broader or narrower emission
families.
Once an emission family is certified, we would require every
vessel, fuel tank, or hose a manufacturer produces from the emission
family to have a label with basic identifying information. The proposed
regulation text details the proposed requirements for design and
content of the labels. We request comment on this approach.
2. Who Will be Responsible for Certifying the Vessel or Fuel System?
Every boat powered by a spark-ignition marine engine and every
portable fuel tank would have to be covered by an emissions certificate
(or separate certificates for fuel tanks and hoses). The proposed
regulations require that compliance to the emission standards must be
demonstrated before the sale of the boat (or tank, in the case of
portable fuel tanks). However, to allow additional flexibility in
complying with standards, we propose to allow tank and hose
manufacturers to certify their product lines separately. Therefore, if
a boat builder were to use certified fuel tanks and hoses, the boat
builder could rely on the tank and hose manufacturers' certificates.
The boat builder would only need to state that they are using
components that, combined, will meet the proposed standard and properly
install the fuel system. We request comment on this approach.
3. How Long Would My Vessel or Fuel System Have To Comply?
Manufacturers would be required to build vessels that meet the
emission standards over each vessel's useful life. The useful life we
adopt by regulation is intended to reflect the period during which
vessels are designed to properly function without being remanufactured.
We propose a regulatory useful life of ten years for marine evaporative
emission control. This is consistent with the regulatory useful life
for outboard marine engines. We use the same useful life based on the
belief that engines and boats are intended to have the same design
life. We request comment on the proposed useful life requirement.
4. What Warranty Requirements Apply to Certified Vessels and Fuel
Systems?
Consistent with our current emission-control programs, we are
proposing that manufacturers provide a design and defect warranty
covering emission-related components. For marine vessels, we propose
that the fuel systems be warranted for five years for the emission
related components. The proposed regulations would require that the
warranty period must be longer than this minimum period we specify if
the manufacturer offers a longer warranty for the fuel system or any of
its components; this includes extended warranties on the fuel system or
any of its components that are available for an extra price. See the
proposed regulation
[[Page 53064]]
language for a description of which components are emission-related. We
request comment on whether the warranty provisions should apply only to
the certificate holder or to all manufacturers of the fuel system
components used by the certificate holder.
If an operator makes a valid warranty claim for an emission-related
component during the warranty period, the manufacturer is generally
obligated to replace the component at no charge to the operator. The
manufacturer may deny warranty claims if the operator failed to do
prescribed maintenance that contributed to the warranty claim.
We are also proposing a defect reporting requirement that applies
separate from the emission-related warranty (see Section III.E.6). In
general, defect reporting applies when a manufacturer discovers a
pattern of component failures, whether that information comes from
warranty claims, voluntary investigation of product quality, or other
sources. We request comment on the proposed warranty and defect
reporting requirements.
E. General Compliance Provisions
This section describes a wide range of compliance provisions that
would apply to marine vessels (or fuel tanks or hoses as appropriate)
and are the same as those recently proposed for the nonroad engines
September 2001 (see 66 FR 51098). Several of these provisions apply not
only to manufacturers, but also to operators, and others.
The following discussion of the general compliance provisions
reflects the organization of the proposed regulatory text. For ease of
reference, the subpart designations are provided. We request comment on
all these provisions.
1. Miscellaneous Provisions (Part 1068, Subpart A)
This proposed regulation contains some general provisions,
including general applicability and the definitions that apply to 40
CFR part 1068. Other provisions concern good engineering judgment, how
we would handle confidential information; how the EPA Administrator
delegates decision-making authority; and when we may inspect a
manufacturer's facilities, vessels, or records.
The process of testing for evaporative emissions (or certifying
based on design) and preparing an application for certification
requires the manufacturer to make a variety of judgments. Section
1068.5 of the proposed regulations describes the methodology we propose
to use to evaluate concerns related to manufacturers' use of good
engineering judgment in cases where the manufacturer has such
discretion. If we find a problem in these areas, we would take into
account the degree to which any error in judgment was deliberate or in
bad faith. This subpart is consistent with provisions in the final rule
for light-duty highway vehicles and commercial marine diesel engines.
2. Prohibited Acts and Related Requirements (Part 1068, Subpart B)
The proposed provisions in this subpart lay out a set of
prohibitions for manufacturers and operators to ensure that vessels
comply with the emission standards. These provisions are summarized
below, but readers are encouraged to review the proposed regulatory
text. These provisions are intended to help ensure that each new vessel
or portable tank sold or otherwise entered into commerce in the United
States is certified to the relevant standards.
a. General prohibitions (Sec. 1068.100). This proposed regulation
contains several prohibitions consistent with the Clean Air Act. Under
this proposal, no one may sell a vessel or portable fuel tank in the
United States without a valid certificate of conformity issued by EPA,
deny us access to relevant records, or keep us from entering a facility
to test or inspect vessels or fuel system components. In addition, no
one may remove or disable a device or design element that may affect an
vessel's emission levels, or manufacture any device that will make
emission controls ineffective, which we would consider tampering. We
have generally applied the existing policies developed for tampering
with highway engines and vehicles to nonroad engines.\23\ Other
proposed prohibitions reinforce manufacturers' obligations to meet
various certification requirements. We would also prohibit selling
parts that prevent emission-control systems from working properly.
Finally, for vessels that are excluded for certain applications (i.e.
solely for competition), we would generally prohibit using these
vessels in other applications.
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\23\ ``Interim Tampering Enforcement Policy,'' EPA memorandum
from Norman D. Shulter, Office of General Counsel, June 25, 1974
(Docket A-2000-01; document II-B20).
---------------------------------------------------------------------------
These proposed prohibitions are the same as those that apply to
other applications we have regulated in previous rules. Each prohibited
act has a corresponding maximum penalty as specified in Clean Air Act
section 205. As provided for in the Federal Civil Penalties Inflation
Adjustment Act of 1990, Pub. L. 10-410, these maximum penalties are in
1970 dollars and should be periodically adjusted by regulation to
account for inflation. The current penalty amount for each violation is
$27,500.\24\
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\24\ EPA acted to adjust the maximum penalty amount in 1996 (61
FR 69364, December 31, 1996). See also 40 CFR part 19.
---------------------------------------------------------------------------
b. In-service systems (Sec. 1068.110). The proposed regulations
would prevent manufacturers from requiring owners to use any certain
brand of aftermarket parts and give the manufacturer responsibility for
servicing related to emissions warranty, leaving the responsibility for
all other maintenance with the owner. This proposed regulation would
also reserve our right to do testing (or require testing) to
investigate potential defeat devices, as authorized by the Act.
3. Exemptions (Part 1068, Subpart C)
We are proposing to include several exemptions for certain specific
situations. Most of these are consistent with previous rules. We
highlight the new or different proposed provisions in the following
paragraphs. In general, exempted vessels would need to comply with the
requirements only in the sections related to the exemption. Note that
additional restrictions could apply to importing exempted vessels (see
Section III.E.4). Also, we are also proposing that we may require
manufacturers (or importers) to add a permanent label describing that
the vessel or fuel system component is exempt from emission standards
for a specific purpose. In addition to helping us enforce emission
standards, this would help ensure that imported vessels clear U.S.
Customs without difficulty.
a. Testing. Anyone would be allowed to request an exemption for
vessels or fuel system components used only for research or other
investigative purposes.
b. Manufacturer-owned vessels and fuel systems. Vessels and fuel
system components that are used by manufacturers for development or
marketing purposes could be exempted from regulation if they are
maintained in the manufacturers' possession and are not used for any
revenue-generating service. They would no longer be exempt if they were
later offered for sale.
c. Display vessels or fuel systems. Boat builders and fuel system
component manufacturers would get an exemption if the vessels or fuel
systems are for display only. They would no longer be exempt if they
were later offered for sale.
[[Page 53065]]
d. National security. Manufacturers could receive an exemption for
vessels or portable fuel tanks they can show are needed by an agency of
the federal government responsible for national defense. For cases
where the vessels will not be used on combat applications, the
manufacturer would have to request the exemption with the endorsement
of the procuring government agency.
e. Exported vessels. Vessels and portable fuel tanks that will be
exported to countries that don't have the same emission standards as
those that apply in the United States would be exempted without need
for a request. This exemption would not be available if the destination
country has the same emission standards as those in the United States.
f. Competition vessels. New vessels that are used solely for
competition are excluded from regulations applicable to nonroad
equipment. For purposes of our certification requirements, a
manufacturer would receive an exemption if it can show that it produces
the vessel specifically for use solely in competition. In addition,
vessels that have been modified for use in competition would be exempt
from the prohibition against tampering described above (without need
for request). The literal meaning of the term ``used solely for
competition'' would apply for these modifications. We would therefore
not allow the vessel to be used for anything other than competition
once it has been modified. This also applies to someone who would later
buy the vessel, so we would require the person modifying the vessel to
remove or deface the original label and inform a subsequent buyer in
writing of the conditions of the exemption. The exemption would no
longer apply.
4. Imports (Part 1068, Subpart D)
In general, the same certification requirements would apply to
vessels whether they are produced in the U.S. or are imported. This
proposed regulation also includes some additional provisions that would
apply if someone wants to import an exempted or excluded vessel. For
example, the importer would need written approval from us to import any
exempted vessel; this is true even if an exemption for the same reason
doesn't require approval for vessels produced in the U.S.
All the proposed exemptions described above for new vessels would
also apply to importation, though some of these apply only on a
temporary basis. If we approve a temporary exemption, it would be
available only for a defined period and could require the importer to
post bond while the vessel is in the U.S. There are several additional
proposed exemptions that would apply only to imported vessels.
--Identical configuration: This would be a permanent exemption to allow
individuals to import vessels that were designed and produced to meet
applicable emission standards. These vessels may not have the emission
label only because they were not intended for sale in the United
States.
--Repairs or alterations: This would be a temporary exemption to allow
companies to repair or modify vessels.
--Diplomatic or military: This would be a temporary exemption to allow
diplomatic or military personnel to use uncertified vessels during
their term of service in the U.S.
We request comment on all the proposed exemptions for domestically
produced and imported vessels.
5. Selective Enforcement Audit (Part 1068, Subpart E)
Clean Air Act section 206(b) gives us the authority and discretion
in any program with vehicle or engine emission standards to do
selective enforcement auditing of production vessels and fuel systems.
The proposed regulation text describes the audit procedures in greater
detail. We intend generally to rely on inspecting manufacturers'
designs to ensure they comply with emission standards. However, we
would reserve our right to do selective enforcement auditing if we have
reason to question the emission testing conducted or data reported by
the manufacturer.
6. Defect Reporting and Recall (Part 1068, Subpart F)
We are proposing provisions for defect reporting. Specifically, we
are proposing that manufacturers tell us when they learn of a defect
occurring 25 times or more for emission families with annual sales up
to 10,000 units. This threshold of defects would increase
proportionately for larger families. While these thresholds would
depend on sales, counting defects would not be limited to a single
emission family. For example, if a manufacturer learns that operators
reported 25 cases of problems with a limiting orifice from three
different low-volume models spread over five years, that would trigger
the need to file a defect report. This information could come from
warranty claims, customer complaints, product performance surveys, or
anywhere else. The proposed regulation language in Sec. 1068.501 also
provides information on the thresholds for triggering a further
investigation for where a defect report is more likely to be necessary.
We request comment on the proposed defect reporting provisions.
Under Clean Air Act section 207, if we determine that a substantial
number of vessels, fuel tanks, or hoses within an emission family,
although properly used and maintained, do not conform to the
appropriate emission standards, the manufacturer will be required to
remedy the problem and conduct a recall of the noncomplying emission
family. However, we also recognize the practical difficulty in
implementing an effective recall program for marine vessels. It would
likely be difficult to properly identify all the affected owners. The
response rate for affected owners or operators to an emission-related
recall notice is also a critical issue to consider. We recognize that
in some cases, recalling noncomplying marine vessels may not achieve
sufficient environmental protection, so our intent is to generally
allow manufacturers to nominate alternative remedial measures to
address most potential noncompliance situations. We expect that
successful implementation of appropriate alternative remediation would
obviate the need for us to make findings of substantial nonconformity
under section 207 of the Act. We would consider alternatives nominated
by a manufacturer based on the following criteria; the alternatives
should--
(1) Represent a new initiative that the manufacturer was not
otherwise planning to perform at that time, with a clear connection to
the emission problem demonstrated by the emission family in question;
(2) Cost more than foregone compliance costs and consider the time
value of the foregone compliance costs and the foregone environmental
benefit of the emission family;
(3) Offset at least 100 percent of the emission exceedance relative
to that required to meet emission standards; and
(4) Be possible to implement effectively and expeditiously and to
complete in a reasonable time.
These criteria would guide us in evaluating projects to determine
whether their nature and burden is appropriate to remedy the
environmental impact of the nonconformity. However, in no way would the
consideration of such a provision diminish our statutory authority to
direct a recall if that is deemed the best course of action. We request
comment on this approach to addressing the Clean Air Act provisions
related to recall. In addition, we request comment on the proposed
requirement
[[Page 53066]]
to keep recall-related records until three years after a manufacturer
completes all responsibilities under a recall order.
7. Public Hearings (Part 1068, Subpart G)
According to this regulation, manufacturers would have the
opportunity to challenge our decision to suspend, revoke, or void an
emission family's certificate. This also applies to our decision to
reject the manufacturer's use of good engineering judgment (see
Sec. 1068.5). Part 1068, subpart G describes the proposed procedures
for a public hearing to resolve such a dispute.
F. Proposed Testing Requirements
In order to obtain a certificate allowing sale of products meeting
EPA emission standards, manufacturers generally must show compliance
with such standards through emission testing. 40 CFR part 86 details
specifications for test equipment and procedures that apply to highway
vehicle evaporative emission testing. We propose to base the SI marine
evaporative emission test procedures on this part. However, we propose
to modify this test procedure somewhat to more accurately reflect the
anticipated technology for meeting the evaporative emission standards
proposed in this rule. We are also proposing design-based certification
as an alternative to performing specific testing.
1. What Are the Proposed Test Procedures for Measuring Diurnal
Emissions?
We propose that the evaporative emission test will be
representative of ambient temperatures ranging from 22 deg. C to
36 deg. C (72 deg. F to 96 deg. F). Emissions would be measured in a
Sealed Housing for Evaporative
Determination (SHED) over a 72-hour period. The fuel tank would be
set up in the SHED and sealed except for the vent(s). The fuel tank
would be set up in the SHED with all hoses, seals, and other components
attached. The fuel tank would be filled completely and drained to 40-
percent capacity with 9 RVP test fuel and soaked with an open vent
until the fuel reached 22 deg. C.\25\ Immediately after the fuel
reaches this temperature, the SHED would be purged, and the diurnal
temperature cycling would begin. The temperature cycle is actually
three repeats of a
24-hour diurnal trace and is described in Chapter 4 of the Draft
Regulatory Support Document. During the test a minimum of 5 mph wind
speed would be simulated using a fan. The final
g/gallon/day result is based on the highest mass emission rate from
these three 24-hour cycles, divided by the fuel tank capacity. Fuel
tank capacity refers the maximum amount of fuel in the tank under in-
use conditions.
---------------------------------------------------------------------------
\25\ Reid Vapor Pressure (psi). This is a measure of the
volatility of the fuel. 9 RVP represents a typical summertime fuel
in northern states.
---------------------------------------------------------------------------
These proposed test procedures are designed to simulate near worst
case conditions for a typical boat. We believe that typical in-use fuel
tanks will rarely be exposed to a temperature cycle larger than
24 deg.F in a single day. However, in special applications where the
fuel tank is exposed to direct sunlight, the tank temperature can
change much more than 24 deg.F over the course of a single day.
Therefore, we are proposing that special test procedures that simulate
the radiant effect of sunlight be used to test fuel tanks that will be
exposed to direct sunlight. We would not require this for exposed fuel
tanks that are shielded from the sun.
This diurnal cycle is consistent with the test requirements in 40
CFR part 86 for highway vehicles. However, the test procedure for
highway vehicles includes engine operation and hot soaks.\26\ One
purpose of the engine operation is to purge the charcoal canister that
collects evaporative emissions in highway applications. However, we are
excluding engine operation from the evaporative test procedures for
boats using SI marine engines because we do not anticipate the use of
charcoal canisters in these applications. Another purpose of running
the engine and the purpose of the hot soaks is to measure evaporative
emissions due to the heating of the engine and exhaust system. However,
this would significantly increase the difficulty of the SHED testing
due to the large size of most boats. Because most boats are operated
only 50 hours per year, these running loss and hot soak emissions are
considerably smaller than diurnal and permeation emissions. In
addition, most of the emission-control strategies that could be used to
meet the proposed standards would also reduce running loss and hot soak
emissions. We request comment on the proposed test procedures for
determining evaporative emissions from boats using SI marine engines.
---------------------------------------------------------------------------
\26\ Hot soak emissions are those caused by residual heat in the
engine and exhaust system immediately after the engine is shut down.
Running loss emissions are those caused by engine and exhaust heat
while the engine is operating.
---------------------------------------------------------------------------
2. What Are the Proposed Test Procedures for Measuring Permeation
Emissions?
a. Fuel tanks. We propose that tank permeation be based on a test
procedure consistent with the Coast Guard requirements in 33 CFR
183.620. Specifically, the rate of permeation from the tank will be
measured at 40 deg.C using the same test fuel as for the diurnal
testing. We request comment on using 40 deg.C as the test temperature
or if 23 deg.C should be used to be consistent with the hose testing.
Our understanding is that 40 deg.C represents higher temperatures that
may be seen in an engine compartment during operation while 23 deg.C
represents typical ambient conditions. If a lower test temperature were
used, the standards would need to be adjusted appropriately. Based on
data presented in Chapter 4 of the draft RSD, the standards would have
to be reduced on the order of 50 percent for every 10 deg.C reduction
in test temperature. We also request comment on using ASTM Fuel ``C''
and a 15% methanol blend to be consistent with the hose permeation test
procedures or on using 10% ethanol consistent with on-highway
evaporative emission testing. The tank would have to be filled and
soaked for a minimum of 60 days to ensure that permeation emissions are
accurately reflected in the test procedure. The tank would be sealed
during testing, and care would have to be made that the environment in
which the tank was tested was continuously purged of vapor to prevent
the saturation of vapor with hydrocarbons around the outside of the
tank. Permeation would be measured through weight loss in the tank or
using equivalent procedures.
We also request comment on whether we should require specific
durability test procedures for fuel tanks. Such durability tests could
include pressure vacuum cycle testing, slosh testing, and temperature
cycling. Information on these tests is included in the docket.\27\
---------------------------------------------------------------------------
\27\ Draft SAE Information Report J1769, ``Test Protocol for
Evalution of Long Term Permeation Barrier Durability on Non-Metallic
Fuel Tanks,'' (Docket A-2000-01, document IV-A-24).
---------------------------------------------------------------------------
b. Hoses. We propose to use the current practices for measuring
permeation from marine hoses that are specified in SAE J 1527. Under
this procedure, the hose is tested at 23 deg.C with both ASTM Fuel
``C'' (50% toluene, 50% isooctane) and with a blend on fuel ``C'' with
15% methanol. SAE J 1527 sets permeation limits for hose of 100 g/
m2/day for fuel C and 300 g/m2/day for the 15%
methanol blend. Consistent with this relationship, we propose to allow
the permeation rate to
[[Page 53067]]
be three times higher than the proposed standard for fuel C when the
hose is tested on the 15% methanol blend. Because permeation rates
double, roughly, with every 10 deg.C increase in temperature, the test
procedure has a large effect on emissions measured for a given hose
material. In addition, the temperature effects may be greater for some
materials than for others. For low permeation non-metal fuel lines used
in automotive applications, the current practices are specified in SAE
J 2260 and SAE J 1737. Under these test procedures, the hose permeation
is measured at 60 deg.C with an 85%-15% blend of fuel ``C'' and
methanol. We request comment on using the higher test temperature in
the automotive test procedure. We also request comment on requiring
testing using a 10% ethanol blend consistent with on-highway
evaporative emission testing.
3. Could I Certify Based on Engineering Design Rather Than Through
Testing?
We recognize that performing SHED testing could be cost-prohibitive
for many fuel tank manufacturers or boat builders. In addition, many of
the technologies that can be used to reduce evaporative emissions are
straightforward design strategies. For these reasons, we propose that
manufacturers have the option of certifying to the diurnal evaporative
emission requirements based on fuel system designs, as described in the
proposed regulations. Test data would be required to certify fuel tanks
and hoses to the proposed permeation standards. However, we would allow
carryover of test data from year to year for a given emission control
design. We believe the cost of testing tanks and hose designs for
permeation would be considerably lower than running variable
temperature diurnal testing. In addition, the data could be carried
over from year to year, and there is a good possibility that the broad
emission family concepts under consideration could lead to minimum
testing. For instance, a hose manufacturer could test its hose design
once, and all the boat builders who use this hose could incorporate
this data in their certification applications.
We are proposing design based certification to the tank permeation
standard for one case. We would consider an aluminum fuel tank to meet
the design criteria for a low permeation fuel tank. However, we would
not consider this design to be any more effective than a low permeation
fuel tank for the purposes of any sort of credit program. Although
aluminum is impermeable, seals and gaskets used on the fuel tank may
not be. The design criteria for the seals and gaskets would be that
either they would not have a total exposed surface area exceeding 1000
mm2, or the seals and gaskets would have to be made of a
material with a permeation rate of 10 g/m2/day or less at
23 deg.C.
The rest of this section discusses designs that we propose to be
acceptable for design-based certification to the proposed diurnal
emission standard. The emission data we used to develop these proposed
design options are presented in Chapter 4 of the Draft Regulatory
Support Document. Additional testing may help us more precisely set the
appropriate emission levels associated with each design. Manufacturers
wanting to use designs other than those we discuss here would have to
perform the above test procedures for their design. However, once a new
design is proven, we could add this new design to the list of designs
for this certification flexibility and assign it to the appropriate
averaging bin. For example, if several manufacturers were to pool their
resources to test a diurnal emission control strategy and submit this
data to EPA, we would consider this particular strategy and emission
level as a new design level for design based certification. We request
comment on the concept of design-based certification and on the
technologies and associated emission levels discussed below. Section
III.H.3 presents a more detailed description of what each of these
technologies are and how they can be used to reduce evaporative
emissions.
We have identified several technologies for reducing diurnal
emissions from marine fuel tanks. The design levels proposed below
represent our understanding of the effectiveness of various emission
control technologies over the proposed test procedure. Table III.F.1
summarizes design-based emission levels associated with several
emission control strategies. These control strategies are discussed in
more detail after the table. Manufacturers would be required to submit
information demonstrating that the components they use would be durable
over the useful life of the vessel. For tanks that allow pressure
build-up, a low-pressure vacuum-relief valve would also be necessary
for the engine to be able to draw fuel during operation. Also, in the
cases where anti-siphon valves are used with these designs, the anti-
siphon system would have to be designed such that fuel could not spill
out through this valve when the system is under pressure.
Table III.F-1.--Emission Levels for Design Based Certification to the
Proposed Diurnal Emission Standard
------------------------------------------------------------------------
Emission level [g/gallon/day] Technology
------------------------------------------------------------------------
1.5.................................... Baseline (open vent with a
normal length vent hose).
1.3.................................... Near zero pressure limited flow
orifice and insulation (R-
value 15), or
closed vent, 0.5 psi relief
valve.
1.1*................................... Closed vent, 1.0 psi relief
valve.
0.9.................................... Closed vent, 1.5 psi relief
valve.
0.7.................................... Closed vent, 2.0 psi relief
valve.
0.5.................................... Closed vent, 0.5 psi relief
valve with a volume
compensating air bag.
0.1.................................... Bladder fuel tank.
------------------------------------------------------------------------
* Proposed average standard for diurnal emissions.
1.5 g/gal/test: Typical fuel tanks used in boats currently have an
open vent to the atmosphere through a vent hose. This vent is intended
to prevent pressure from building up in the fuel tank. This
uncontrolled fuel tank configuration would be considered to be at this
level based on the data presented in Chapter 4 of the Draft RSD.
1.3 g/gal/test: The design criteria for this level would be a fuel
tank with a near zero pressure limited flow orifice and insulation. The
limited flow orifice would be defined as having a maximum cross-
sectional area defined by the following equation: Area [mm2]
= 0.04 x fuel tank capacity [gallons]. For example, a 20 gallon tank
would need an orifice with no more than a 1 mm diameter. This size
orifice is sufficient to limit diffusion of hydrocarbons without
causing significant pressure to build in the fuel tank. The design
criteria for the insulation would be to use insulation having at least
an R-value of 15 (see section III.H.3.b).
1.3 g/gal/test: An alternative design criterion for this level
would be a sealed fuel tank with a pressure-relief valve that would
open at a pressure of 0.5 psi.
1.1 g/gal/test: The design criterion for this level would be a
sealed fuel tank with a pressure-relief valve that would open at a
pressure of 1.0 psi.
0.9 g/gal/test: The design criterion for this level would be a
sealed fuel tank with a pressure-relief valve that would open at a
pressure of 1.5 psi.
0.7 g/gal/test: The design criterion for this level would be a
sealed fuel tank
[[Page 53068]]
with a pressure-relief valve that would open at a pressure of 2.0 psi.
0.5 g/gal/test: The design criterion for this level would be a
volume-compensating air bag used in conjunction with a 0.5 psi
pressure-relief valve if the bag is designed to fill 25 percent of the
fuel tank capacity when inflated. This bag would have no leaks to the
fuel tank and would be constructed out of a non permeable material.
0.1 g/gal/test: The design criterion for this level would be to use
a bladder tank. The bladder would have to be sealed and built of low
permeable material. This bladder would collapse as fuel was drawn out
of it and expand when refueled thereby eliminating the vapor space
needed for diurnal vapor generation.
G. Special Compliance Provisions
The scope of this proposal includes many boat and fuel tank
manufacturers that have not been subject to our regulations or
certification process. Many of these manufacturers are small businesses
for which a typical regulatory program may be burdensome. This section
describes the proposed special compliance provisions designed to
address this concern. As described in Section VIII.B, the report of the
Small Business Advocacy Review Panel addresses the concerns of small
manufacturers of gasoline fuel tanks for marine applications and small
boat builders that use these tanks.
To identify representatives of small businesses for this process,
we used the definitions provided by the Small Business Administration
for fuel tank manufacturers and boat builders (less than 500
employees). Twelve small businesses agreed to serve as small-entity
representatives. These companies represented a cross-section of both
gasoline and diesel engine marinizers, as well as boat builders.
In this industry sector, we believe some of the burden reduction
approaches presented in the Panel Report should be applied to all
businesses. All of the marine fuel tank manufacturers except for one
qualify as small businesses. We believe the purpose of these options is
to reduce the potential burden on companies for which fixed costs
cannot be distributed over a large product line. For this reason, we
often times also consider the production volume when making decisions
regarding flexibilities. The one fuel tank manufacturer not qualifying
as a small business still has low production volumes of marine fuel
tanks, thus we believe some flexibilities should be made available to
this manufacturer as well.
Three of the five burden reduction approaches discussed in the
Panel
Report are design-based certification, allowance to use emission
credits with design-based certification, and a 5-year lead time with
early banking. As discussed above, we are proposing these approaches
for all manufacturers certifying marine fuel tanks to the proposed
evaporative emission standards. This section discusses the other two
approaches in the Panel Report and how we propose to apply them to the
marine industry.
1. Broadly Defined Product Certification Families
To certify to the evaporative emission standards, we propose that
manufacturers would have to classify their vessels, fuel tanks, or
hoses in emission families based on having similar emission
characteristics. We would expect to differentiate families by fuel
type, diurnal control technology, and the tank and hose material/
treatment. The manufacturer would then certify each of these
evaporative emission families. The purpose of emission families has
traditionally been to reduce testing burden by allowing a family to be
certified based on the test results from its highest-emitting member.
For highway evaporative emission requirements, each manufacturer
divides its products into several evaporative emission families based
on characteristics of the fuel system. These characteristics include:
fuel type, charcoal canister type and capabilities, seals, valves,
hoses, and tank material. The manufacturer then has to certify each of
these evaporative emission families. Unlike highway vehicles,
evaporative emission controls for marine vessels are not likely to rely
on charcoal canisters as a control technology. Furthermore, most or all
SI marine engines will use gasoline and most manufacturers do not make
both plastic and aluminum fuel tanks. Most manufacturers will therefore
have very few emission families and it will be unlikely that emission
families could be much broader than discussed here. In addition,
broadening emission families may not reduce compliance burden,
considering the proposed design-based certification approach. However,
we request comment on whether there are reasonable ways to broaden
these engine families, and whether or not small businesses would
benefit from any such broadened definitions.
2. Hardship Provisions for Small Businesses Producing Marine Fuel Tanks
There are two types of hardship provisions. The first type of
hardship program would allow small businesses to petition EPA for
additional lead time (e.g., up to 3 years) to comply with the
standards. A small manufacturer would have to make the case that it has
taken all possible business, technical, and economic steps to comply
but the burden of compliance costs would have a significant impact on
the company's solvency. A manufacturer would be required to provide a
compliance plan detailing when and how it would achieve compliance with
the standards.
Hardship relief could include requirements for interim emission
reductions and/or purchase and use of emission credits. The length of
the hardship relief decided during review of the hardship application
would be up to one year, with the potential to extend the relief as
needed. The second hardship program would allow companies to apply for
hardship relief if circumstances outside their control cause the
failure to comply (i.e., supply contract broken by parts supplier) and
if the failure to sell the subject vessels would have a major impact on
the company's solvency. See the proposed regulatory text in 40 CFR
1068.240 and 1068.241 for additional details.
H. Technological Feasibility
We believe there are several strategies that manufacturers can use
to meet our proposed evaporative emission standards. We have collected
and will continue to collect emission test data on a wide range of
evaporative emission control technology. The design-based certification
levels discussed above are based on this test data and we may amend the
list of approved designs and emission levels as more data become
available.
1. Implementation Schedule
There are several strategies available to reduce evaporative
emissions (diurnal and permeation) from marine fuel tanks. Some of
these may require changes to the tank design, structure, and material
that would cause a change in the molds used to make the plastic tanks.
These molds need to be replaced periodically as part of normal
manufacturing practices. Small manufacturers using rotational molding
to produce plastic fuel tanks have commented that the molds covering
the majority of their production line have about a five-year life
before replacement. However, for the low-
[[Page 53069]]
production fuel tanks, they may use their molds for 10 to 15 years.
They have stated that their costs would be greatly reduced if they
could turn over fuel tank molds in a manner more consistent with their
current business practice, rather than doing so solely in response to
an evaporative control requirement.
We recognize that tank manufacturers and boat builders will need
time to choose and implement the evaporative emission control
strategies that work best for them. We believe the implementation date
of 2008, coupled with the option for early banking, provides sufficient
lead time beyond the anticipated publication of the final rule. This 5-
year lead time is consistent with the general turnover schedule of most
molds used in plastic fuel tank production. We request comment whether
there are small entities whose product line is dominated by tanks for
which the molds are turned over at a slower rate.
Surface treatments to reduce tank permeation are widely used today
in other container applications and the technology and production
facilities needed to conduct this process exist. While there is
definitely value in an organized approach to compliance on the part of
the manufacturers, the lead time requirement is largely driven by
modifications needed to comply with the diurnal requirements. EPA
requests comment on the feasibility of implementing the tank permeation
requirement in 2006 or 2007.
Low permeation marine hose is used today on some vessels that is
close to meeting the proposed standards. In addition, the development
time for new hose designs is on the order of 1-2 years. Therefore, we
request comment on whether an earlier implementation date for the
proposed permeation standards for marine hoses would be appropriate. We
are proposing an implementation date for hose permeation standards of
2008, consistent with the fuel tank standards, because hose fitting
modifications may be required which could affect tank design.
Manufacturers have commented that low permeation hoses require special
connection fittings with better tolerances than seen on many fittings
today. Automotive fuel lines also already exist that meet the proposed
permeation standards. However, manufacturers have raised concerns with
the cost of applying these less flexible fuel lines in marine
applications. In any case, using these automotive fuel lines would
probably also require fitting changes. EPA requests comment on the
feasibility of implementing the hose permeation requirement in 2006 or
2007.
2. Standard Levels
We tested several diurnal emission-control strategies using the
procedures discussed in VI.D.1. Based on this testing we believe there
are several emission-control technologies that could be used to
significantly reduce diurnal emissions. Also, we have identified
several strategies for reducing permeation emissions from fuel tanks
and hoses. We recognize that some of these technologies may be more
desirable than others for some manufacturers, and we recognize that
different strategies for equal emission reductions may be better for
different applications. Specific examples of technology that could be
used to meet the proposed standards would be fuel tank with a 1 psi
valve in the vent, a fluorinated plastic fuel tank, and hose
constructed with a thermoplastic barrier. We present several other
technological approaches below.
3. Technological Approaches
We believe several emission-control technologies can be used to
reduce evaporative emissions from marine fuel tanks. In addition, there
are a few technologies that are used in other applications that may not
be as effective here. The advantages and disadvantages of various
emission-control strategies are discussed below. Chapter 4 of the Draft
Regulatory Support Document presents more detail on these technologies
and Chapter 5 provides information on the estimated costs.
a. Closed fuel vent with pressure relief. Evaporative emissions are
formed when the fuel heats up, evaporates, and passes through the vent
into the atmosphere. By closing that vent, evaporative emissions are
prevented from escaping. However, as vapor is generated, pressure
builds up in fuel tank. Once the fuel cools back down, the pressure
subsides.
The U.S Coast Guard safety regulations (33 CFR part 183) require
that fuel tanks be able to withstand pressure up to 3 psi and must be
able to pass a pressure-impulse test which cycles the tank from 0 to 3
psi 25,000 times. The Coast Guard also requires that these fuel tanks
be vented such that the pressure in the tank in-use never exceeds 80
percent of the pressure that the tank is designed to withstand without
leaking. The American Boat and Yacht Council makes the additional
recommendation that the vent line should have a minimum inner diameter
of \7/16\ inch (H-24.13). However, these recommended practices also
note that ``there may be EPA or state regulations that limit the
discharge of hydrocarbon emissions into the atmosphere from gasoline
fuel systems. The latest version of these regulations should be
consulted.''
To prevent pressure from building too high, we first considered a 2
psi pressure-relief valve. This is a typical automotive rating and is
within the Coast Guard requirements. With this valve, vapors would be
retained in the tank until 2 psi of pressure is built up in the tank
due to heating of the fuel. Once the tank pressure reached 2 psi, just
enough of the vapor would be vented to the atmosphere to maintain 2 psi
of pressure.
As the fuel cooled, the pressure would decrease. We estimate that
this would achieve about a 55-percent reduction in evaporative
emissions over the proposed test procedure. A 1 psi valve would achieve
a reduction of about half of this over the proposed test procedure.
However, in use, this reduction could be much greater because the test
procedure is designed to represent a hotter than average day. On a more
mild day there could be less pressure buildup in the tank and the valve
may not even need to open.
As discussed in Chapter 4 of the draft RSD, we tested fuel tanks
for diurnal emissions with pressure relief valves ranging from 0.4 to
2.2 psi.
With the use of a sealed system, a low-pressure vacuum-relief valve
would also be necessary so air could be drawn into the tank to replace
fuel drawn from the tank when the engine is running.
Manufacturers of plastic fuel tanks have expressed concern that
their tanks are not designed to operate under pressure. For instance,
although they will not leak at 3 psi, rotationally molded fuel tanks
with large flat surfaces could begin deforming at pressures as low as
0.5 psi. At higher pressures, the deformation would be greater. This
deformation would affect how the tank is mounted in the boat. Also,
fuel tank manufacturers commented that some of the fittings or valves
used today may not work properly under even 2 psi of pressure. Finally,
they commented that backup pressure-relief valves would be necessary
for safety.
We believe that, with enough lead time, fuel tank manufacturers
will be able to redesign their fuel tanks to be more resistant to
deformation under pressure. By reducing the size of flat areas on the
tank through adding contours to the tank, or by increasing the
thickness of the tank walls, the fuel tanks can be designed to resist
deformation under pressure. Portable
[[Page 53070]]
plastic fuel tanks are generally sealed without any pressure relief and
are designed to withstand any pressure that may occur under these
conditions. We also believe that if certain fittings and valves cannot
withstand pressure today, they can be designed to do so. In addition,
we are proposing a standard which can be met with a 1 psi valve which
we believe would require significantly less modification to current
tanks than designing for 3 psi of pressure. In developing this level we
considered first 2.0 psi valves which is consistent with on-highway
fuel tanks and is below the Coast Guard tank pressure requirement.
However, we proposed a standard based on a 1.0 psi pressure relief
valve to give manufacturers some margin to minimize fuel tank
deflection under pressure. Although we do not consider this to be a
feasibility issue, we recognize that if the tank were to deflect too
much in-use that either the fuel tank compartment would have to be
enlarged to accommodate this expansion or a smaller fuel tank would
need to be used. We request comment on this issue.
Below, we discuss strategies that could be used in conjunction with
a sealed system to minimize the build-up of pressure in the fuel tank.
Such technologies are insulation, volume-compensating air bags, and
bladder fuel tanks. With the use of these technologies, the same
emission reductions could be achieved with a pressure-relief valve set
to allow lower vent pressures. Finally the structure of the proposed
standards gives manufacturers the flexibility to meet the emission
limits without building up pressure in the fuel tank.
b. Limited flow orifice. An alternative to using a pressure-relief
valve to hold vapors in the fuel tank would be to use a limited-flow
orifice. This would essentially be a plug in the vent line with a pin
hole in it that would be small enough to limit vapor flow out of the
fuel tank. However, the orifice size may be so small that there would
be a risk of fouling. In addition, an orifice designed for a maximum of
2 psi under worst-case conditions may not be very effective at lower
temperatures. We tested a 17-gallon tank with a 75-micron diameter
limited-flow orifice over the proposed diurnal test procedure and saw
close to a 25 percent reduction in diurnal emissions. The peak pressure
in this test was 1.6 psi.
c. Insulated fuel tank. Another option we evaluated was insulating
either the fuel tank or the compartment around the fuel tank. Rather
than capturing the vapors in the fuel tank, we minimize the fuel
heating, which therefore minimizes the vapor generation. This could be
used in conjunction with a limited-flow orifice to reduce the loss of
vapor through the vent line due to diffusion. Our test data suggest
that a 50-percent reduction in emissions over the proposed test
procedure can be achieved using insulation with an R-value of 15.\28\
However, it should be noted that today's fuel tanks, when installed in
boats, have some amount of ``inherent insulation.'' This is especially
true for boats that remain in the water. This inherent insulation is
considered in our baseline emission factors. Additional control could
be achieved with the use of a pressure-relief valve coupled with an
insulated tank. Note that an insulated tank could maintain the same
emission control while using a pressure-relief valve that allowed lower
peak pressures, compared with a tank that was not insulated.
---------------------------------------------------------------------------
\28\ R-value measures resistance to heat flow and is defined in
16 CFR 460.5.
---------------------------------------------------------------------------
The method of insulation would have to be consistent with U.S.
Coast Guard fuel system requirements. These requirements regulate the
resistance to fuels, oils and other chemicals, water adsorption,
compressive strength, and density of foam used to encase fuel tanks. In
addition, the Coast Guard requirements protect against corrosion of
metal fuel tanks due to foam pulling away from the fuel tank causing
water to be trapped or from improper drainage. There are several
methods that could be used to insulate the fuel tank while maintaining
safe practices. These methods include an insulation barrier within the
walls of the fuel tank, insulating the compartment that the tank is in
rather than the tank itself, and foaming the tank in place by filling
the entire compartment the tank is in. The Coast Guard requirements and
potential insulation strategies are discussed further in Chapter 3 of
the Draft Regulatory Support Document.
d. Volume-compensating air bag. Another concept for minimizing
pressure in a sealed fuel tank is through the use of a volume-
compensating air bag. The purpose of the bag is to fill up the vapor
space in the fuel tank above the fuel. By minimizing the vapor space,
the equilibrium concentration of fuel vapors occupies a smaller volume,
resulting in a smaller mass of vapors. As the equilibrium vapor
concentration increases with increasing temperature, the vapor space
expands, which forces air out of the bag through the vent to
atmosphere. Because the bag volume decreases to compensate for the
expanding vapor space, total pressure inside the fuel tank stays very
close to atmospheric pressure.\29\ Once the fuel tank cools as ambient
temperature goes down, the resulting vacuum in the fuel tank will make
the bag expand again by drawing air from the surrounding ambient. Our
test results showed that pressure could be kept below 0.8 psi using a
bag with a capacity equal to 25 percent of the fuel tank capacity.
Therefore, the use of a volume-compensating air bag could allow a
manufacturer to reduce the pressure limit on its relief valve.
---------------------------------------------------------------------------
\29\ The Ideal Gas Law states that pressure and volume are
inversely related. By increasing the volume of the vapor space, the
pressure can be held constant.
---------------------------------------------------------------------------
We are still investigating materials that would be the most
appropriate for the construction of these bags. The bags would have to
hold up in a fuel tank for several years and resist permeation, while
at the same time being light and flexible. One such material we are
considering is fluorosilicon fiber. Also, the bag would have to be
positioned to avoid interfering with other fuel system components such
as the fuel pick-up or catching on any sharp edges in the fuel tank. We
estimate that this would be more expensive than using a pressure relief
valve with some reinforcement of the fuel tank for pressure; however,
it is also more effective at emission control and would minimize
pressure in the fuel tank.
e. Bladder fuel tank. Probably the most effective technology for
reducing diurnal emissions from marine fuel tanks is through the use of
a collapsible fuel bladder. In this concept, a low permeation bladder
is installed in the fuel tank to hold the fuel. As fuel is drawn from
the bladder, the vacuum created collapses the bladder. Therefore, there
is no vapor space and no pressure build up from fuel heating. Because
the bladder is sealed, there would be no vapors vented to atmosphere.
This option could also significantly reduce emissions during refueling
that would normally result from dispensed fuel displacing vapor in the
fuel tank. We have received comments that this would be cost-
prohibitive because it could increase costs from 30 to 100 percent
depending on tank size. However, bladder fuel tanks have positive
safety implications as well and are already sold by at least one
manufacturer to meet market demand in niche applications.
f. Charcoal canister. The primary evaporative emission-control
device used in automotive applications is a charcoal canister. With
this technology, vapor generated in the tank is vented through a
charcoal canister. The
[[Page 53071]]
activated charcoal collects and stores the hydrocarbons. Once the
engine is running, purged air is drawn through the canister and the
hydrocarbons are burned in the engine. These charcoal canisters
generally are about a liter in size and have the capacity to store
three days of vapor over the test procedure conditions. This technology
does not appear to be attractive for marine fuel tanks because boats
may sit for weeks at a time without the engine running. Once the
canister is saturated, it provides no emission control.
g. Floating fuel and vapor separator. Another concept used in some
stationary engine applications is a floating fuel and vapor separator.
Generally small, impermeable plastic balls are floated in the fuel
tank. The purpose of these balls is to provide a barrier between the
surface of the fuel and the vapor space. However, this strategy does
not appear to be effective for marine fuel tanks. Because of the motion
of the boat, the fuel sloshes and the barrier would be continuously
broken. Even small movements in the fuel could cause the balls to
rotate and transfer fuel to the vapor space. In addition, the unique
geometry of many fuel tanks could cause the balls to collect in one
area of the tank.
h. Low permeability fuel tanks. We estimate that more than a
quarter of the evaporative emissions from boats with plastic fuel tanks
come from permeation through the walls of the fuel tanks. In highway
applications, non-permeable plastic fuel tanks are produced by blow
molding a layer of ethylene vinyl alcohol or nylon between two layers
of polyethylene. However, blow molding has high fixed costs and
therefore requires high production volumes to be cost effective. For
this reason, this manufacturing technique is generally only used for
portable fuel tanks which are generally produced in higher volumes. For
these tanks, however, multi-layer fuel tank construction may be an
inexpensive and effective approach to controlling permeation emissions
Manufacturers of rotationally molded plastic fuel tanks generally
have low production volumes and have commented that they could not
produce their tanks with competitive pricing in any other way.
Currently, they use cross-link polyethylene which is a low density
material that has relatively high rate of permeation. One material that
could be used as a low permeation alternative in the rotational molding
process is nylon. The use of nylon in the construction of these fuel
tanks would reduce permeation by more than 95 percent when compared to
cross-link polyethylene such as is used today.
Another type of barrier technology for fuel tanks would be to treat
the surfaces of a plastic fuel tanks with fluorine. The fluorination
process causes a chemical reaction where exposed hydrogen atoms are
replaced by larger fluorine atoms which a barrier on surface of the
fuel tank. In this process, fuel tanks are be stacked in a steel
container. The container is then be voided of air and flooded with
fluorine gas. By pulling a vacuum in the container, the fluorine gas is
forced into every crevice in the fuel tanks. As a result of this
process, both the inside and outside surfaces of the fuel tank would be
treated. As an alternative, for tanks that are blow molded, the inside
surface of the fuel tank can be exposed to fluorine during the blow
molding process. A similar barrier strategy is called sulfonation where
sulfur trioxide is used to create the barrier by reacting with the
exposed polyethylene to form sufonic acid groups on the surface. Either
of these processes can be used to reduce gasoline permeation by more
than 95 percent. Achieving reductions at this level repeatedly would
require tanks with consistent material quality, amount, and composition
including pigments and any additive packages. This would enable process
and efficiency optimization and consistency in the effectiveness of
surface treatment processes.
Over the first month or so of use, polyethylene fuel tanks can
expand by as much as three percent due to saturation of the plastic
with fuel. Manufacturers have raised the concern that this hydrocarbon
expansion could affect the effectiveness of surface treatments like
fluorination or sulfonation. We believe that this will not have a
significant effect on the effectiveness of these surface treatments.
The California Air Resources Board has performed extensive permeation
testing on portable fuel containers with and without these surface
treatments. Prior to the permeation testing, the tanks were prepared by
first performing a durability procedure where the fuel container is
cycled a minimum of 1000 times between 5 psi and -1 psi. In addition,
the fuel containers are soaked with fuel for a minimum of four weeks
prior to testing. Their test data, presented in Chapter 4 of the draft
RSD, show that fluorination and sulfonation are still effective after
this durability testing.
The U.S. Coast Guard has raised the issue that any process applied
to marine fuel tanks to reduce permeation would also need to pass Coast
Guard flame resistance requirements. We are not aware of any reason
that a fluorination or sulfonation surface treatment would affect the
flame resistance of a marine fuel tank. Since this issue was raised, we
contracted to have a fluorinated fuel tank tested. This tank passed the
U.S. Coast Guard flame resistance test.
Also, about a third of marine fuel tanks used today are made of
aluminum. Hydrocarbons do not permeate through aluminum.
We request comment on the low-permeable materials and strategies
discussed above, and other options that are available, for use in
marine fuel tanks and on their cost and effectiveness.
i. Low permeability hoses. We also estimate that permeation through
fuel and vapor hoses make up more 40 percent of the evaporative
emissions from boats. This fraction is higher for boats using aluminum
fuel tanks, because they are inherently low in tank permeation
emissions. By replacing rubber hoses with low permeability hoses,
evaporative emissions through the fuel supply and vent hoses can be
reduced by more than 95 percent.
Marine fuel hoses are designated as either Type A or B and
eitherClass 1 or 2.\30\ Type A hose passes the U.S. Coast Guard fire
test while Type B represents hose that has not passed this test. Class
1 hose is intended for fuel feed lines where the hose is normally in
contact with fuel and has a permeation limit of 100 g/m2/day at
23 deg.C. Class 2 hose is intended for vent lines and fuel fill necks
where fuel is not continuously in contact with the hose and has a
permeation limit of 300 g/m2/day at 23 deg.C. In general practice, most
boat builders use Class 1 hose for vent lines as well as fuel lines to
prevent having to carry two hose types. However, most fuel fill necks,
which have a much larger diameter and are constructed differently, are
Class 2 hose. Marine hose with permeation rates of less than one tenth
of the Class 1 permeation limit is also used by some boat builders
today for fuel and vent lines. Given sufficient lead time, we believe
that hose manufacturers can modify their designs to use thicker
barriers or lower permeating materials to further reduce the permeation
rates from this hose.
---------------------------------------------------------------------------
\30\ Society of Automotive Engineers Surface Vehicle Standard,
``Marine Fuel Hoses,'' SAE J 1527 (Docket A-2000-01; document IV-A-
19).
---------------------------------------------------------------------------
Low permeability fuel supply and vent hoses produced today are
generally constructed in one of two ways: either with a low
permeability layer or by using a low permeability rubber blend. One
hose design, already used in some marine applications, uses a
[[Page 53072]]
thermoplastic layer between two rubber layers to control permeation.
This thermoplastic barrier may either be nylon or ethyl vinyl acetate.
In automotive applications, other barrier materials are used such as
fluoroelastomers and fluoroplastics such as Teflon . An added
benefit of low permeability lines is that some fluoropolymers can be
made to conduct electricity and therefore can prevent the buildup of
static charges. Currently, fuel fill necks used in marine applications
generally are not made with barrier layers and permeate more than fuel
supply lines. However, hoses are produced for chemical applications by
the same companies, using the same process, that include barrier
layers. This same production methodology could be used for marine fuel
hoses. Also, EPA also expects low permeability fill neck hoses to be
used in automotive applications in the 2004 as a result of the Tier 2
motor vehicle evaporative emission standards.
An alternative approach to reducing the permeability of marine
hoses would be fluorination. This process would be performed in a
manner similar to discussed above for fuel tanks.
Fuel lines used to meet the proposed standards would also have to
meet Coast Guard specifications in 33 CFR 183 which include a flame
resistance test. Although the automotive standard, SAE J 2260, does not
specifically include a flame resistance test like that included in the
Coast Guard specifications, manufacturers generally design (and test)
their hoses to be flame resistant.
4. Summary
EPA believes that the proposed standards for evaporative emissions
from boats using spark-ignition marine engines reasonably reflect what
manufacturers can achieve through the application of available
technology. Marine fuel tank manufacturers and boat builders will need
to use the five years of lead time to select, design, and produce
evaporative emission-control strategies that will work best for their
product line. We expect that meeting these requirements will pose a
challenge, but one that is feasible taking into consideration the
availability and cost of technology, lead time, noise, energy, and
safety. The role of these factors is presented in detail in Chapters 3
and 4 of the draft RSD.
We believe there are several options that can be used to reduce
diurnal emissions from marine fuel tanks. This, coupled with the
proposed emission-credit program for diurnal emissions, gives
manufacturers flexibility in how they choose to comply with the
proposed standards. We believe the most likely approach meeting the
proposed emission diurnal standard will be for manufacturers to use a
closed vent with a 1 psi pressure relief valve. Although we evaluated
several technologies that have the potential to achieve larger emission
reductions, we believe that more stringent standards are not
appropriate at this time. This industry is primarily made up of small
manufacturers and would likely need more time to develop technology
options for further emission control. In addition, there are a wide
range of fuel tank designs and applications in the recreational marine
market, and the technologies discussed above may not be appropriate for
all applications. Given these issues, and U.S. Coast Guard
requirements, we believe that the flexibility given in the proposed
diurnal requirements is appropriate.
The proposed permeation standards are based on the effective
application of low permeable materials or surface treatments. This is
essentially a step change in technology; therefore, we believe that
even if we were to propose a less stringent permeation standard, these
technology options would likely still be used. In addition, this
technology is relatively inexpensive and can achieve meaningful
emission reductions. The proposed standards are expected to achieve a
95 percent reduction in permeation emissions from marine fuel tanks and
hoses. We believe that more stringent standards could result in
significantly more expensive materials without large additional
emission reduction. We request comment on our proposed permeation
emission standards.
IV. Sterndrive and Inboard Marine Engines
This section describes our current thinking regarding exhaust
emissions from sterndrive and inboard marine engines (SD/I). We are not
proposing SD/I exhaust emission standards at this time. We are
investigating whether the application of catalysts on marine engines
could be a cost-effective way to control emissions. We believe, that
setting catalyst-forcing standards now would be premature, given the
open issues related to catalyst use in the marine environment. However,
we are continuing our efforts to develop and demonstrate catalytic
control on SD/I marine engines in the laboratory and in-use, and will
place new information in the docket when it is available. In fact, we
intend to follow with another rulemaking in the future that will
address exhaust emissions from SD/I engines once we have collected more
information. We intend to include outboards and personal watercraft in
this rulemaking as well.
There are three primary approaches that we believe could be used to
reduce exhaust emissions from sterndrive and inboard marine engines.
The first is through lower emission calibration of the engine,
especially through the use of electronic fuel injection. This could be
implemented quickly, but would only result in small emission
reductions. The second approach would be through the use of exhaust gas
recirculation (EGR) which could be used to get a 40 to 50-percent
reduction in NOX. Although this would be feasible, it would
not be nearly as effective at controlling emissions as the third
approach of using catalytic control. We believe catalytic control could
be used to achieve much larger emission reductions than either of the
first two approaches; therefore, we intend to implement catalyst-based
standards as soon as we believe it is feasible. We believe we can
implement these stringent standards sooner if we do not set an interim
standard based on EGR. Manufacturers have raised concerns that if they
were to focus on designing for an EGR-based standard, it would divert
resources needed for catalyst development.
We are in the process of resolving technical issues with the use of
catalysts in a marine environment. Ongoing testing has shown promising
results; we believe that, in the near future, continued efforts will
resolve the remaining issues raised by the marine industry and by Coast
Guard. One issue is that operation in the marine environment could
result in unique durability problems for catalysts. Another issue to be
addressed in developing this technology is ensuring that salt water
does not reach the catalyst so that salt does not accumulate on the
catalyst and reduce its efficiency. A third issue is addressing any
potential safety concerns.
As discussed in Section I.F, California ARB has recently put into
place HC+NOX exhaust emission standards for SD/I marine
engines. These standards include a cap on baseline emission levels in
2003 followed by catalyst-forcing standards (5 g/kW-hr
HC+NOX) phased in from 2007 through 2009. These standards
are contingent on technology reviews in 2003 and 2005. ARB and industry
have agreed on a catalyst development program for marine engines over
the next several years. We will participate in and monitor catalyst
development efforts for marine engines over the next few years.
Since the ANPRM, we have collected laboratory emission data on a
SD/I
[[Page 53073]]
marine engine through a joint effort with ARB, engine marinizers, and
Southwest Research Institute.\31\ We collected baseline emission data
as well as emission data from closed-loop control, exhaust gas
recirculation, and several catalyst concepts. This work included
catalyst packaging strategies designed to prevent water reversion to
the catalyst. With the combination of closed-loop electronic control
and EGR, we saw a reduction of 22 percent HC+NOX and 39
percent CO from baseline. A catalyst was placed in a stock riser
extension which resulted in a 74-percent reduction in HC+NOX
and 46-percent reduction in CO from baseline. Other catalyst
configurations were also tested with varying emissions reductions
depending on their design.
---------------------------------------------------------------------------
\31\ Carroll, J., White, J., ``Marine Gasoline Engine Testing,''
Prepared by Southwest Research Institute for the Environmental
Protection Agency and the California Air Resources Board, EPA
Contract 68-C-98-169, WA 2-11, September 2001 (Docket A-2000-01;
document IV-A-91).
---------------------------------------------------------------------------
In the testing discussed above, the 74 percent reduction in
HC+NOX was achieved using a two catalysts with a combined
volume of less than 1.5 liters on a SD/I engine with a 7.4 liter total
engine displacement. SD/I marine engines sold today generally range
from 3.0 to 8.1 liters of total cylinder displacement. A smaller engine
would need less catalyst volume for the same emissions reduction.
Further information on the emission reductions associated with SD/I
emission control strategies and associated costs will be included in
future rulemaking documents.
As discussed above, we are working with the marine industry, ARB,
and Coast Guard on technology assessment of catalytic converters on
sterndrive and inboard marine engines. However, we do not believe this
technology has been sufficiently demonstrated for us to set national
standards based on implementation of catalyst technology at this time.
We will also need to consider other factors such as cost and energy
impacts in determining appropriate levels of standards.
As we work towards low emission marine engines through catalyst
technology for SD/I we also intend to investigate this technology for
use on outboards and personal watercraft (OB/PWC). We believe many of
the same issues with applying catalysts to SD/I marine engines also
apply to OB/PWC marine engines. In addition, the annual emissions
contribution of OB/PWC marine is several times larger than the
contribution from SD/I marine engines so there is the potential for
significant additional reductions from OB/PWC. Therefore, we intend to
look into the feasibility and cost effectiveness of applying catalytic
control to outboards and personal watercraft as well.
Manufacturers have argued that the development effort required for
EGR may detract resources from catalyst development. We are sensitive
to this issue and are not proposing EGR-based standards at this time as
it could ultimately slow industry's ability to meet catalyst-based
standards. Clearly, the greatest potential for emission reductions is
through the use of catalysts and we wish to implement standards as soon
as feasible. However, if it were to become apparent that catalysts
would not be feasible for SI marine engines in the time frame of the
California ARB technology reviews, we would contemplate proposal of a
standard based on EGR. EGR has been used in automotive applications for
decades and we believe there are no significant technical hurdles for
applying this inexpensive technology to marine engines. Although
current marine engines do not generally have a port for exhaust gas
recirculation, the electronic fuel injection systems are capable of
controlling an EGR valve and control feedback loop. Given enough lead
time, we believe manufacturers could apply this technology effectively
on SI marine engines.
We request comment on the feasibility of applying electronic fuel
injection, exhaust gas recirculation, catalysts, or other technology
that could be used to reduce emissions from SI marine engines. We also
request comment on the costs and corresponding potential emission
reductions from using these technologies, as well as any potential
effects on engine performance, safety, and durability.
V. Highway Motorcycles
We are proposing revised exhaust emission standards for highway
motorcycles. This section includes background material, a description
of the proposed standards and other important provisions, and a
discussion of the technological feasibility of the proposed standards.
A. Overview
In general, we are proposing to harmonize the federal exhaust
emission standards for all classes of motorcycles with those of the
California program, but on a delayed schedule relative to
implementation in California. For Class I and Class II motorcycles,
this would mean meeting exhaust emission standards that apply today in
California. For Class III motorcycles, this would mean meeting the two
tiers of exhaust emission standards that California ARB has put in
place for future model years. The existing federal CO standard of 12.0
g/km would remain unchanged. The process by which manufacturers certify
their motorcycles, the test procedures, the driving cycle, and other
elements of the federal program would also remain unchanged. We are
also proposing standards for the currently unregulated category of
motorcycles with engines of less than 50cc displacement.
1. What Are Highway Motorcycles and Who Makes Them?
Motorcycles come in a variety of two- and three-wheeled
configurations and styles. For the most part, however, they are two-
wheeled, self-powered vehicles. EPA regulations currently define a
motorcycle as ``any motor vehicle with a headlight, taillight, and
stoplight and having: two wheels, or three wheels and a curb mass less
than or equal to 793 kilograms (1749 pounds)'' (See 40 CFR 86.402-98).
Both EPA and California regulations sub-divide highway motorcycles into
classes based on engine displacement. Table V.A-1 below shows how these
classes are defined.
Table V.A-1.--Motorcycle Classes
------------------------------------------------------------------------
Engine displacement (cubic
Motorcycle class centimeters)
------------------------------------------------------------------------
Class I............................. 50*-169
Class II............................ 170-279
Class III........................... 280 and greater
------------------------------------------------------------------------
* This proposal would extend Class I to include 50cc.
It is important to note that this definition excludes off-highway
motorcycles from the regulatory definition of motorcycle. This is
because the term ``motor vehicle,'' as used in the Act, applies only to
vehicles ``designed for transporting persons or property on a street or
highway'' (CAA section 216). In addition, EPA has promulgated
regulations, in 40 CFR 85.1703, that elaborate on the Act's definition
of motor vehicles and set forth three criteria, which, if any one is
met, would cause a vehicle not to be considered a motor vehicle under
the regulations, and therefore not subject to requirements applicable
to motor vehicles. These criteria are:
(1) The vehicle cannot exceed a maximum speed of 25 miles per hour
over a level paved surface; or
(2) The vehicle lacks features customarily associated with safe and
practical street or highway use, including such things as a reverse
gear (except motorcycles), a differential, or
[[Page 53074]]
safety features required by state and/or Federal law; or
(3) The vehicle exhibits features which render its use on a street
or highway unsafe, impractical, or highly unlikely, including tracked
road contact means, an inordinate size, or features ordinarily
associated with military combat or tactical vehicles such as armor and/
or weaponry.
Thus, vehicles not meeting the criteria noted above are not covered
by the proposed emission standard for motorcycles, because they fail to
meet the definition of motor vehicle in the Clean Air Act and in 40 CFR
85.1703. Vehicles that are not considered to be a motor vehicle under
these statutory and regulatory provisions are generally considered
under the Clean Air Act to be nonroad vehicles. In an earlier proposal,
we discussed proposed emission standards for nonroad recreational
vehicles, a category which includes off-highway motorcycles (66 FR
51098, October 5, 2001). Also falling into the nonroad definition
category are the mopeds and scooters that do not meet the definition of
``motor vehicle,'' i.e., the smaller cousins of the mopeds and scooters
that are currently considered highway motorcycles and certified as
Class I motorcycles. In other words, if a moped or scooter or similar
``motorbike'' cannot exceed 25 miles per hour, it is not considered a
motor vehicle, but it is instead categorized as a nonroad recreational
vehicle and would be subject to the emission standards recently
proposed for off-highway motorcycles.
Furthermore, vehicles that otherwise meet the motorcycle definition
(i.e., are highway motorcycles as opposed to off-highway motorcycles)
but have engine displacements less than 50 cubic centimeters (cc)
(generally, youth motorcycles, most mopeds, and some motor scooters)
are currently not required to meet EPA standards. Also currently
excluded are motorcycles which, ``with an 80 kg (176 lb) driver, * * *
cannot: (1) Start from a dead stop using only the engine; or (2) Exceed
a maximum speed of 40 km/h (25 mph) on level paved surfaces'' (e.g.,
some mopeds). Most scooters and mopeds have very small engine
displacements and are typically used as short-distance commuting
vehicles. Motorcycles with larger engine displacement are more
typically used for recreation (racing or touring) and may travel long
distances.
The currently regulated highway category includes motorcycles
termed
``dual-use'' or ``dual-sport,'' meaning that their designs
incorporate features that enable them to be competent for both street
and nonroad use. Dual-sport motorcycles generally can be described as
street-legal dirt bikes, since they often bear a closer resemblance in
terms of design features and engines to true off-highway motorcycles
than to highway cruisers, touring, or sport bikes. These dual-sport
motorcycles tend to fall in Class I or Class II.
The larger displacement Class III motorcycles are by far the most
common motorcycles in the current U.S. market. Of the 175 engine 2002
families certified as of January 2002 by manufacturers for sale in the
U.S., 151 fall in the Class III category, representing more than 93
percent of projected sales. Most of these are quite far from the bottom
limit of Class III motorcycles (280cc); more than three-quarters of
projected 2002 highway motorcycle sales are above 700cc, with engine
displacements exceeding 1000cc for the most powerful ``superbikes,''
large cruisers, and touring bikes. The average displacement of all
certified engine families is about 980cc, and the average displacement
of certified Class III engine families is above 1100cc. The sales-
weighted average displacement of 2002 highway motorcycles is about
1100cc. Class I and Class II motorcycles, which together make up less
than seven percent of projected 2002 sales and only 24 out of 175
certified 2002 engine families, consist mostly of dual-sport bikes,
scooters, and entry-level sportbikes and cruisers.
According to the Motorcycle Industry Council, in 1998 there were
about 5.4 million highway motorcycles in use in the United States
(565,000 of these were dual-sport). Total sales in 1999 of highway
motorcycles was estimated to be about 387,000, or about 69 percent of
motorcycle sales. About 15,000 of these were dual-sport
motorcycles.\32\ Recent figures for the 2000 calendar year show that
retail sales approached 438,000 highway motorcycles, about 19,000 of
which were dual-sport bikes.\33\
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\32\ ``2000 Motorcycle Statistical Annual'', Motorcycle Industry
Council (Docket A-2000-01; document II-D-192).
\33\ DealerNews, volume 37, no. 2, February 2001 (Docket A-2000-
01; document II-D-190).
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Six companies account for about 95 percent of all motorcycles sold
(Honda, Harley Davidson, Yamaha, Kawasaki, Suzuki, and BMW). All of
these companies except Harley-Davidson and BMW also manufacture off-
highway motorcycles and ATVs for the U.S. market. Harley-Davidson is
the only company of these six that is manufacturing highway motorcycles
in the U.S. for the domestic market. Dozens of other companies make up
the remaining five percent. Many of these are small U.S. companies
manufacturing anywhere from a few dozen to a few thousand motorcycles,
although importers and U.S. affiliates of larger international
companies also contribute to the remaining five percent. See the draft
Regulatory Support Document for more information regarding the makeup
of the industry.
As of the 2002 model year, all highway motorcycles with engines
greater than 50cc displacement are powered by four-stroke engines.
(Prior to the 2002 model year, Kawasaki was certifying a 100cc two-
stroke dual-sport motorcycle to the federal emission standards.) In the
scooter and moped segment with engines under 50cc displacement, two-
stroke engines have traditionally outnumbered four-strokes, although
that appears to be changing. In particular, Honda is now marketing a
2002 49cc four-stroke scooter. Of the several dozen manufacturers in
the under 50cc market, about a third are offering four-stroke engines.
Therefore, as of the 2002 model year, it appears that about one third
of the sales of scooters and mopeds under 50cc are powered by four-
stroke engines.
2. What Is the History of Emission Regulations for Highway Motorcycles?
Emissions from highway motorcycles have been regulated for more
than 20 years. While the federal requirements have remained unchanged
since the initial standards were adopted more than 20 years ago,
regulations in California, Europe, and many nations around the world
have been periodically updated to reflect the availability of
technology and the need for additional emission reductions.
a. EPA regulations. In 1977 EPA issued a Final Rule (42 FR 1126,
Jan. 5, 1977), which established interim exhaust emission standards
effective for the 1978 and 1979 model years and ultimate standards
effective starting with the 1980 model year. The interim standards
ranged from 5.0 to 14.0 g/km HC depending on engine displacement, while
the CO standard of 17.0 g/km applied to all motorcycles. The standards
and requirements effective for 1980 and later model year motorcycles,
which do not include NOX emission standards, remain in
effect today. While the final standards did not differ based on engine
displacement, the useful life over which these standards must be met
ranged from 12,000 km (7,456 miles) for Class I motorcycles to 30,000
km (18,641 miles) for Class III motorcycles. Crankcase emissions from
motorcycles have also been prohibited since 1980. There are no current
federal standards for evaporative emissions from
[[Page 53075]]
motorcycles. The current federal standards are shown in Table V.A-2.
Table V.A-2.--Current Federal Exhaust Emission Standards for Motorcycles
------------------------------------------------------------------------
HC (g/ CO (g/
Engine size km) km)
------------------------------------------------------------------------
All................................................. 5.0 12.0
------------------------------------------------------------------------
b. California ARB regulations. Motorcycle exhaust emission
standards in California were originally identical to the federal
standards that applied to 1978 through 1981 model year motorcycles. The
definitions of motorcycle classes used by California ARB continue to be
identical to the federal definitions. However, California ARB has
revised its standards several times in bringing them to their current
levels (see Table V.A-3). In the 1982 model year the standards were
modified to tighten the HC standard from 5.0 g/km to 1.0 or 1.4 g/km,
depending on engine displacement. California adopted an evaporative
emission standard of 2.0 g/test for all three motorcycle classes for
1983 and later model year motorcycles. California later amended the
regulations for 1988 and later model year motorcycles to further lower
emissions and to make the compliance program more flexible for
manufacturers. The 1988 and later standards could be met on a
corporate-average basis, and the Class III bikes were split into two
separate categories: 280 cc to 699 cc and 700 cc and greater. These are
the standards that apply in California now. Like the federal standards,
there are currently no limits on NOX emissions for highway
motorcycles in California. Under the corporate-average scheme, no
individual engine family is allowed to exceed a cap of 2.5 g/km HC.
Like the federal program, California also prohibits crankcase
emissions.
Table V.A-3.--Current California Highway Motorcycle Exhaust Emission
Standards
------------------------------------------------------------------------
HC (g/ CO (g/
Engine size (cc) km) km)
------------------------------------------------------------------------
50-279.............................................. 1.0 12.0
280-699............................................. 1.0 12.0
700 and above....................................... 1.4 12.0
------------------------------------------------------------------------
In November 1999, California ARB adopted new exhaust emission
standards for Class III motorcycles that would take effect in two
phases--Tier 1 standards starting with the 2004 model year, followed by
Tier 2 standards starting with the 2008 model year (see Table V.A-4).
Existing California standards for Class I and Class II motorcycles,
which have been in place since 1982, remain unchanged, as does their
evaporative emissions standard. As with the current standards in
California, manufacturers will be able to meet the requirements on a
corporate-average basis. Perhaps most significantly, California ARB's
Tier 1 and Tier 2 standards control NOX emissions for the
first time by establishing a combined HC+NOX standard.
California ARB made no changes to the CO emission standard, which
remains at 12.0 g/km, equivalent to the existing federal standard. In
addition, California ARB is providing an incentive program to encourage
the introduction of Tier 2 motorcycles before the 2008 model year. This
incentive program allows the accumulation of emission credits that
manufacturers can use to meet the 2008 standards. Like the federal
program, these standards will also apply to dual-sport motorcycles.
Table V.A-4.--Tier 1 and Tier 2 California Class III Highway Motorcycle Exhaust Emission Standards
----------------------------------------------------------------------------------------------------------------
HC+NOX (g/
Model year Engine displacement km) CO (g/km)
----------------------------------------------------------------------------------------------------------------
2004 through 2007 (Tier 1).................... 280 cc and greater.................... 1.4 12.0
2008 and subsequent (Tier 2).................. 280 cc and greater.................... 0.8 12.0
----------------------------------------------------------------------------------------------------------------
California ARB also adopted a new definition of small-volume
manufacturer that will take effect with the 2008 model year. Currently
and through the 2003 model year, all manufacturers must meet the
standards, regardless of production volume. Small-volume manufacturers,
defined in California ARB's recent action as a manufacturer with
California sales of combined Class I, Class II, and Class III
motorcycles not greater than 300 units annually, do not have to meet
the new standards until the 2008 model year, at which point the Tier 1
standard applies. California ARB intends to evaluate whether the Tier 2
standard should be applied to small-volume manufacturers in the
future.\34\
---------------------------------------------------------------------------
\34\ California ARB, October 23, 1998 ``Proposed Amendments to
the California On-Road Motorcycle Regulation'' Staff Report: Initial
Statement of Reasons (Docket A-2000-01; document II-D-12).
---------------------------------------------------------------------------
c. International regulations. The European Commission (EC) recently
finalized a new phase of motorcycle standards, which will start in
2003, and the EC intends a second phase to start in 2006. Whereas the
current European standards make a distinction between two-stroke and
four-stroke engines, the proposed standards would apply to all
motorcycles regardless of engine type. The 2003 standards would require
emissions to be below the values shown in Table V.A-5, as measured over
the European ECE-40 test cycle.\35\ The standards considered for 2006
are still in a draft form and have not yet been officially proposed,
but the expectation is that they will be considerably more stringent.
In addition to taking another step in reducing motorcycle emissions,
the 2006 standards may incorporate an improved motorcycle test cycle,
as noted below. The standards in the following table apply to
motorcycles of less than 50cc (e.g., scooters and mopeds) only if the
motorcycle can exceed 45 kilometers per hour (28 miles per hour).
Starting in 2002 motorcycles of less than 50cc that cannot exceed 45
kilometers per hour (28 miles per hour) are subject to a new
HC+NOX standard of 1.2 grams per kilometer and a CO standard
of 1.0 gram per kilometer.
---------------------------------------------------------------------------
\35\ The ECE-40 cycle is used by several countries around the
world for motorcycle emission testing. It has its origins in
passenger car driving, being derived from the European ECE-15
passenger car cycle. The speed-time trace is simply a combination of
straight lines, resulting in a ``modal'' cycle, rather than the
transient nature of the U.S. Federal Test Procedure (FTP).
Table V.A-5.--European Commission 2003 Motorcycle Exhaust Emission
Standards
------------------------------------------------------------------------
HC (g/km) CO (g/km) NOX (g/km)
------------------------------------------------------------------------
1.2 5.5 0.3
------------------------------------------------------------------------
Many other nations around the world, particularly in South Asia
where two-stroke mostly small displacement motorcycles can be a
majority of the vehicle population, have also recently improved their
emission standards or are headed that way in the next several years.
For example, Taiwan has adopted an HC+NOX standard of 1.0
gram per
[[Page 53076]]
kilometer for all two-strokes starting in 2003 (as tested on the
European ECE-40 test cycle). (Four-stroke motorcycle engines will have
to meet at standard of 2.0 grams per kilometer.) India has proposed a
standard for all motorcycles of 1.3 grams per kilometer
HC+NOX in 2003 and 1.0 grams per kilometer HC+NOX
in 2005 (as tested on the Indian Drive Cycle, or IDC).\36\ China has
adopted the European standards described above, implementing them in
2004, a year later than Europe.
---------------------------------------------------------------------------
\36\ The IDC, although not a transient cycle like the FTP,
appears to be the only cycle currently in use that is based on
actual measurements of motorcycles in use.
---------------------------------------------------------------------------
d. Test cycle. In the ANPRM we requested comment on the adequacy of
the current test cycle (the Federal Test Procedure, or FTP) for
representing the highway motorcycle operation. We suggested that the
existing US06 test cycle (more aggressive accelerations and higher
speeds than the FTP) or another more representative test cycle might be
appropriate for highway motorcycles. In addition, we noted the effort
underway under the auspices of the United Nations/Economic Commission
for Europe (UN/ECE) to develop a global harmonized world motorcycle
test cycle (WMTC), and requested comment on adopting such a test cycle.
The objective of the WMTC project is to develop a scientifically
supported test cycle that accurately represents the in-use driving
characteristics of highway motorcycles. The advantages of such a test
cycle are numerous. First, the industry could have a single test cycle
to meet emission standards in many countries (the process recognizes
that nations will have differing emission standards due the varying
air-pollution concerns). Second, the test cycle could potentially be
better than the existing FTP in that it intends to better represent how
a wide range of riders drive their motorcycles.
Similar comments were submitted on this issue by the Motorcycle
Industry Council (MIC) and by Harley-Davidson Motor Company. In general
MIC and Harley-Davidson stated that while pursuing a global emissions
test procedure for motorcycles makes good business sense, the timing of
the ongoing international process is not consistent with the current
EPA rulemaking to establish new motorcycle standards.
At this time we are not proposing any modifications to the highway
motorcycle test cycle. We continue to be involved in the WMTC process
and are hopeful that a test cycle meeting the stated objectives can be
agreed on by the international participants. Although a draft test
cycle has been developed, several issues remain unresolved and it will
likely be a couple of years before a new cycle can be issued as a
global technical regulation under the process established by a 1998
international agreement. Under that process, if a test cycle is brought
to a vote and the United States votes in the affirmative, we will then
be committed to initiating a rulemaking that may lead to a proposal to
adopt the new test cycle. We request comment on the best way to
transition to a new global test cycle in the future, should that time
come. Among the many options we could consider are: an immediate
transition; a phasing in of the new cycle and a phasing out of the FTP;
or a phasing in of the new cycle while maintaining the FTP as an option
for a specified number of years.
e. Consumer modifications. Many motorcycle owners personalize their
motorcycles in a variety of ways. This is one of the aspects of
motorcycle ownership that is appealing to a large number of motorcycle
owners, and they take their freedom to customize their bikes very
seriously. However, there are some forms of customization that are not
legal under the provisions of Clean Air Act section 203(a), which
states that it is illegal: ``for any person to remove or render
inoperative any device or element of design installed on or in a motor
vehicle or motor vehicle engine in compliance with regulations under
this title ... after such sale and delivery to the ultimate purchaser*
* *''
In other words, under current law, owners of motor vehicles \37\
cannot legally make modifications that cause the emissions to exceed
the applicable emissions standards, and they cannot remove or disable
emission-control devices installed by the manufacturer.\38\
---------------------------------------------------------------------------
\37\ A motorcycle is a ``motor vehicle'' as defined under
section 216 of the Clean Air Act, which states that ``[t]he motor
vehicle' means any self-propelled vehicle designed for transporting
persons or property on a street or highway.''
\38\ See Mobile Source Enforcement Memorandum No. 1A, Interim
Tampering Enforcemetn Policy, Office of Enforcement and General
Council, June 25, 1974 (Docket A-2000-01; document IV-A-27). (http://www.epa.gov/oeca/aed/comp/hcomp.html)
---------------------------------------------------------------------------
We use the term ``tampering'' to refer specifically to actions that
are illegal under Clean Air Act section 203; the term, and the
prohibition, do not apply generally to the wide range of actions that a
motorcycle enthusiast can take to personalize his or her motorcycle,
but only to actions that remove or disable emission control devices or
cause the emissions to exceed the standards. We know, from anecdotal
reports and from some data collected from in-use motorcycles, that a
portion of the motorcycle riding population has removed, replaced, or
modified the original equipment on their motorcycles. This
customization can include changes that can be detrimental (or, in some
cases, possibly beneficial) to the motorcycle's emission levels. The
ANPRM sought comments and data that could better help us understand the
nature of the issue, such that our proposal could be made with the best
understanding possible of current consumer practices. We did not intend
to suggest that we would be revising the existing tampering
restrictions to prohibit many of the things that motorcycle owners are
now doing legally.
The proposed emissions standards, if adopted by EPA, would not
change this ``tampering'' prohibition, which has been in place for more
than 20 years. Owners would still be free generally to customize their
motorcycles in any way, as long as they do not disable emission
controls or cause the motorcycle to exceed the emission standards.
They would also be free, as they are now, to perform routine
maintenance on their motorcycles to restore or maintain the motorcycle
engine and related components in their original condition and
configuration.
This proposal would increase the number of motorcycle models
employing emission reduction technologies such as sequential fuel
injection, pulse air injection, and catalytic converters. We request
comment on the impact, if any, that these technologies could have on
the difficulty and/or cost of routine maintenance or other legal
modifications performed by or for the consumer. As discussed below and
in the draft RSD, we do not anticipate detrimental impacts to the
performance ch aracteristics of motorcycles that will meet the proposed
emission standards. We request comment and supporting data on potential
performance impacts (positive and negative) of these technologies.
B. Motorcycles Covered by This Proposal
Highway, or ``street-legal,'' motorcycles are covered by the
proposal described in this section. EPA regulations currently define a
``motorcycle'' as ``any motor vehicle with a headlight, taillight, and
stoplight and having: two wheels, or three wheels and a curb mass less
than or equal to 793 kilograms (1749 pounds).'' (See 40 CFR 86.402-98).
This definition would continue to apply; therefore, the term
``motorcycle'' would continue to refer only to highway motorcycles. In
[[Page 53077]]
addition, these ``motorcycles'' that are currently subject to emissions
standards would be subject to the proposed standards. However, we are
also proposing to modify the regulations to include some motorcycles
that are currently excluded from the emission regulations, as described
below.
EPA regulations currently exclude motorcycles (i.e., motor vehicles
that meet the definition of ``motorcycle'' stated above) from the
emission standards requirements based on several criteria laid out in
40 CFR 86.401-97. First, motorcycles are excluded if they have an
engine displacement of less than 50cc. Second, a motorcycle is excluded
if, with an 80 kg (176 lb) driver, it cannot start from a dead stop
using only the engine or exceed 40 kph (25 mph) on a level paved
surface. These provisions have the effect of excluding many mopeds,
youth motorcycles, and some scooters from having to comply with any
emission standards requirements. As discussed above, motorcycle-like
vehicles that cannot exceed 25 miles per hour are not considered motor
vehicles, and thus would be regulated under the nonroad recreational
vehicle standards proposed earlier this year (66 FR 51098, October 5,
2001).
Highway motorcycles with engine displacements less than 50cc are
generally most mopeds, as well as some motor scooters (``scooters,'' or
sometimes, ``motorbikes''). Many of these vehicles are powered by 49cc
two-stroke engines, although four-stroke engines are becoming more
popular. Honda, for example, will no longer be marketing any two-stroke
street-use motorcycles as of the 2003 model year; everything, including
their 49cc scooter, will be powered by a four-stroke engine. We are
proposing to revise two aspects of the regulations such that we would
require most of these currently excluded vehicles to meet emission
standards in the future. First, the general exclusion for motorcycles
under 50cc would be changed such that no motorcycles would be excluded
from the emission standards on the basis of engine displacement alone.
Second, the definition of Class I motorcycles would be revised to
accommodate motorcycles under 50cc (i.e., a Class I motorcycle would be
defined as a motorcycle with an engine displacement of less than
170cc). The standards that would apply to these vehicles are described
in the following section. It is important to note that the motorcycle-
like vehicles under 50cc that cannot be defined as a motor vehicle
(e.g., one that can't exceed 25 mph), continue to be excluded from
these standards; they would, however, be covered by the recently
proposed standards for nonroad recreational vehicles (66 FR 51098,
October 5, 2001). We request comment on our proposed regulation of this
previously unregulated category of motorcycle.
The cost per ton of controlling emissions from motorcycles with
less than 50cc displacement engines is higher than for the proposed
standards for larger motorcycles. However, the scooters and mopeds are
very likely to be operated exclusively within populated urban areas.
Scooters and mopeds, by virtue of their limited speeds, are not
appropriate for use on highways; these small two-wheelers are often
purchased for limited commuting within large urban areas or college
campuses. Thus, it is likely that the air quality benefits of
controlling emissions from these engines would be greater than
indicated by the cost per ton comparison alone. We request comments on
the merits of applying standards to these vehicles.
Parties have raised concerns regarding the potential for losses in
environmental benefits from the highway use of off-highway motorcycles.
Because the standards are different today (off-highway motorcycles do
not currently have emissions standards) and would be somewhat different
under our proposed standards, emissions reductions potentially could be
lost if consumers purchased off-highway motorcycles for highway use on
a widespread basis. State requirements vary considerably and in some
states it may be difficult to meet requirements by modifying an off-
highway motorcycle, while in others it may require only a few minor
modifications. We request comment on current practices and the
potential for this to occur in the future. We also request comment on
steps we could reasonably take to address air pollution concerns
associated with highway use of off-highway motorcycles.
C . Proposed Standards
1. What Are the Proposed Standards and Compliance Dates?
In general, we are proposing to harmonize the federal exhaust
emission standards for all classes of motorcycles with those of the
California program, but on a delayed schedule relative to
implementation in California. (The exception would be motorcycles with
engines of less than 50cc displacement, which are not currently
regulated by California, for which we are also proposing standards.)
For Class I and Class II motorcycles as currently defined, this would
mean meeting exhaust emission standards that apply now in California
(and have applied since 1982). For Class III motorcycles, this would
mean meeting the two tiers of exhaust emission standards that
California ARB has put in place for future model years. The existing
federal CO standard of 12.0 g/km would remain unchanged. The process by
which manufacturers certify their motorcycles, the test procedures, the
driving cycle, and other elements of the federal program would remain
unchanged.
In the development of this proposal following the publication of
the ANPRM we considered several regulatory alternatives. These
included: no revision to the standards, harmonization with one of the
``tiers'' of California standards (current, 2004 Tier-1, 2008 Tier-2),
more stringent standards than those in place in California, or possibly
different implementation timing. We also considered various
alternatives designed to reduce the burden on small manufacturers
(these are presented in section VII.B on the Regulatory Flexibility
Act).
After considering comments on the ANPRM, we believe that the
standards should be revised. The existing Federal standards were
established more than twenty years ago, and it is clear that emission
control technology has advanced a great deal in that time. California
has continued to revise their standards to maintain some contact with
current technology, and manufacturers have generally (but not
uniformly) responded by producing motorcycles for sale nationwide that
meet the more stringent California standards. Thus, in large part the
existing federal standards has been superseded because of the
preponderance of manufacturers that have responded in this way. Those
arguing against new emission standards often cite the fact that
motorcycles are typically far cleaner than the existing federal
standards require. Although we agree, we see this fact as a reason for
improving emission standards and as evidence that the current federal
standards are out of touch with the reality of today's technology.
We believe it is most appropriate at this time to propose
harmonizing with the California exhaust emission standards, as opposed
to other options discussed in the ANPRM. For example, the
dissimilarities between on- and off-highway motorcycles do not
encourage a one-size-fits-all approach for all motorcycles (this
opinion is supported by a significant number of those who commented on
the ANPRM). Off-highway motorcycles are powered predominantly by two-
stroke engines, whereas highway motorcycles are all powered by four-
stroke engines as of the
[[Page 53078]]
2002 model year. On- and off-highway motorcycle engines also lie at
vastly different ends of the size spectrum. The average highway
motorcycle sold today has a displacement of nearly 1000cc, whereas
almost 90 percent of off-highway motorcycle engines have an engine
displacement of less than 350cc. In addition, on- and off-highway
motorcycles are used in very different ways; finding a set of standards
and a test procedure that adequately represents the typical range of
operation for both types would therefore be extremely challenging. On-
highway motorcycle manufacturers have commented that, to the extent the
standards are revised, harmonization with California, rather than a
distinctly different set of standards, is preferable because it
eliminates the possibility of needing two distinct product lines for
California and Federal regulations.\39\
---------------------------------------------------------------------------
\39\ See comments on the ANPRM from Harley-Davidson and the
Motorcycle Industry Council, available in the public docket for
review (Docket A-2000-01; document II-D-48).
---------------------------------------------------------------------------
Delaying implementation of the California standards on a nationwide
basis by two years would provide an opportunity for manufacturers to
gain some experience with the technology needed to meet the new
standards. Two years provides time for technology optimization and cost
reduction. Providing a longer delay could potentially provide the
option of a further decrease in the level of the emission standards,
given that the technological feasibility of the California standards
has been adequately demonstrated (at least one manufacturer is already
selling a motorcycle meeting the 2008 California standards). However,
this would be a tradeoff against a more timely introduction of the new
standards.
We also evaluated whether the federal motorcycle program should
incorporate averaging provisions, as the California program does. Given
the desire of most manufacturers to manufacture a motorcycle for
nationwide sale, such a program without averaging would not be
desirable because it would not provide the flexibility needed to meet
the California and federal requirements together and could have at
least potentially led to a somewhat less stringent Federal standard.
Therefore, we are proposing to provide an averaging program comparable
to California's.
EPA uses the term ``useful life'' to describe the period (usually
years and/or miles) over which the manufacturer must demonstrate the
effectiveness of the emission control system. For example, the ``useful
life'' of current passenger cars is 10 years or 100,000 miles,
whichever first occurs. It does not mean that a vehicle is no longer
useful or that the vehicle must be scrapped or turned in once these
limits are reached. The term has no effect on the owners' ability to
ride their motorcycles for as long as they want. In the ANPRM we
requested comment on whether the current definitions of useful life for
the three motorcycle classes remains appropriate, given that these
definitions were established more than 20 years ago. For example, we
question whether, given that the average distance traveled per year for
highway motorcycles is around 4,200 km (2,600 miles), the useful life
for Class III motorcycles of 30,000 km (18,680 miles) is really
appropriate. A typical motorcycle would reach the useful life mileage
in about seven years at that rate. Based on data received from an
industry trade group, we estimated an average operating life of 12.5
years for on-highway motorcycles. We request comment on extending the
useful life by up to 10,000 km (6,200 miles) to reflect a value more
consistent with actual use.
a. Class I and Class II motorcycles. We are proposing that Class I
and Class II motorcycles would have to meet the current California ARB
exhaust emission standards on a nationwide basis starting with the 2006
model year. These standards, which have been in place in California
since 1982, are 1.0 g/km HC and 12.0 g/km CO, as measured on the
existing Federal Test Procedure (FTP) for motorcycles.
In addition to applying to motorcycles currently in Class I and
Class II (i.e., those over 50cc), we are also proposing that these
standards apply to those motorcycles encompassed by the proposed
revised Class I definition, which would include the previously-excluded
engines under 50cc, as described above. As discussed in further detail
below, we are considering ways of including Class I and Class II
motorcycles in the overall emissions averaging program, and request
comment on this issue.
Class I motorcycles as currently defined are currently tested on a
version of the Federal Test Procedure (FTP) that has lower top speeds
and reduced acceleration rates relative to the FTP that is used for
Class II and III motorcycles. The Class I FTP has a top speed of just
under 60 km/hr, or around 37 mph, whereas the Class II/III FTP has a
top speed of just over 90 km/hr, or just above 55 mph. By proposing to
define motorcycles with engine displacements of less than 50cc as Class
I motorcycles, these ``new'' Class I motorcycles would likewise be
tested on the Class I FTP. We believe that this use of this test cycle
is feasible and appropriate for the new Class I motorcycles (many are
advertised with a top speed in the range of 40-50 mph). We request
comment on the feasibility of the proposed test cycle for motorcycles
with engine displacements of less than 50cc; in particular, we request
comment on whether experience in meeting existing European or Asian
requirements provides any insight on this issue. We request comment on
alternative test cycles and certification options, including whether
the cycle required for low-speed, small-displacement scooters and
mopeds in Europe should be used or allowed by EPA.
Despite the fact that virtually all Class I and Class II
motorcycles already meet and certify to these standards,\40\ we are
proposing nationwide implementation in 2006 for two reasons. First,
there are those motorcycles under 50cc that require some lead time to
meet new standards. Second, any averaging provisions, if finalized,
that would provide flexibility in meeting the Class I and Class II
standards would not be useful until the 2006 model year, when some
exchange of emission credits between the three motorcycle classes may
be allowed (see the request for comment on averaging flexibilities for
Classes I and II in section C.2 below). Nevertheless, we request
comment on the 2006 implementation date, and whether it should be
earlier for the current Class I and II motorcycles, given that all 2002
motorcycles in these classes are already certified at emission levels
that would meet the proposed standards. For example, we could implement
standards for the over 50cc motorcycles in 2004 and for those under
50cc in 2006.
---------------------------------------------------------------------------
\40\ Based on analysis of motorcycle emissions certification
data.
---------------------------------------------------------------------------
We recognize, as discussed in detail below, that the U.S. is a
small market for scooters and mopeds with engine displacements of under
50cc, and that many of the factors that are currently driving
technology development are actions by the governments in the major
world markets for these types of two-wheelers. A U.S. attempt to drive
technology to achieve emission limits more stringent or sooner than
those applicable in the largest scooter markets (South Asia, Europe)
might result in some manufacturers choosing to withdraw from the U.S.
market, rather than develop specific technologies to address U.S.
requirements. (This appeared to occur in the mid-to late-1980's when
new California standards,
[[Page 53079]]
combined with fairly active advertising by Honda, drove the European
manufacturers from the U.S. market.) For the Class I motorcycles under
50cc, we therefore request comment on the cost and technology that
would be associated with standards within a range of 1.0 to 2.0 grams
per kilometer HC (or HC+NOX). We believe that, in view of
the standards that apply or will soon apply in many of the major
scooter markets around the world (see Table V.A-6), that a standard in
this range is similar to standards in other countries and would allow
the use of similar technologies for U.S. standards. Standards in this
range would be intended to allow the U.S. to be more certain that we
would receive the same scooters being marketed in the rest of major
scooter markets.
Table V.A-6.--Summary of Current and Future Worldwide Emission Standards for Motorcycles Less Than 50cc
Displacement
----------------------------------------------------------------------------------------------------------------
Country HC CO NOX HC+NOX Test cycle Notes
----------------------------------------------------------------------------------------------------------------
European Union................ ......... 6.0 ......... 3.0 ECE R47 Current
(``Euro1'').
......... 1.0 ......... 1.2 ECE R47 2002
(``Euro 2'').
Switzerland................... 0.5 0.5 0.1 ......... ECE R47 Current.
India......................... ......... 2.0 ......... 2.0 India Drive (IDC) Current.
......... 1.3 ......... 1.3 India Drive (IDC) 2003
Proposed.
......... 1.0 ......... 1.0 India Drive (IDC) 2005
Proposed.
China......................... ......... 6.0 ......... 3.0 ECE R47 Current.
......... 1.0 ......... 1.2 ECE R47 2005.
Japan......................... 5.26 14.4 0.14 ......... ISO 6460 Current
2-stroke.
2.93 20.0 0.51 ......... ISO 6460 Current
4-stroke.
Korea......................... 4.0 8.0 0.1 ......... ECE R47 Current.
Singapore..................... 5.0 12.0 ......... ......... FTP Current.
Taiwan........................ ......... 3.5 2.0 ......... ECE R47 Current.
......... 7.0 ......... 1.0 ECE R47 2003
2-stroke.
......... 7.0 ......... 2.0 ECE R47 2003
4-stroke.
Thailand...................... 3.0 4.5 ......... ......... ECE R40 Current.
----------------------------------------------------------------------------------------------------------------
b. Class III Motorcycles. We are proposing to harmonize the federal
Class III motorcycle standards with the exhaust emission standards of
the recently finalized California program. Specifically, we propose to
adopt the Tier 1 standard of 1.4 g/km HC+NOX starting in the
2006 model year, and the Tier 2 standard of 0.8 g/km starting in the
2010 model year. Because both HC and NOX are ozone
precursors, this new standard would better reduce ozone than an HC-only
standard. Implementation on a nationwide basis would therefore take
place starting two model years after implementation of identical
exhaust emission standards in California, ensuring that manufacturers
have adequate lead time to plan for these new standards. As described
below in further detail, these standards can be met on a corporate-
average basis.
As noted earlier, California ARB plans a technology progress review
in 2006 to evaluate manufacturers' progress in meeting the Tier 2
standards. We plan to participate in that review and work with
California ARB, intending to make any appropriate adjustments to the
standards or implementation schedule if warranted. For example, if
California ARB determines in the review process that the standards are
achievable, but in 2010 rather than 2008, we could follow with a
rulemaking that would consider appropriate adjustment to the federal
requirements.
2. Could I Average, Bank, or Trade Emission Credits?
To provide flexibility in meeting the standards, we are proposing
to adopt an emission-credit program comparable to the existing
California ARB regulations, and requesting comment on some additional
flexibility relative to California ARB's program that could be included
in our proposed program. There is currently no federal emission-credit
program for highway motorcycles. As proposed, the program allows
manufacturers to meet the standards on a fleet-average basis (i.e., an
averaging program).
Under the emission-credit program, manufacturers would be able to
balance the certified HC+NOX emissions of their Class III
motorcycles so that the sales-weighted HC+NOX emissions
level meets the applicable standard. This means that some engine
families may have HC+NOX emissions below the standards,
while others have HC+NOX emissions higher than the
standards. For enforcement purposes, manufacturers are required to
specify a certification limit, or ``Family Emission Limit'' for each
engine family. For example, one of a manufacturer's Class III engine
families could be certified at 1.7 g/km HC+NOX; this would
be allowable under the California regulations if the sales-weighted
average of all the manufacturer's engine families met the applicable
1.4 or 0.8 g/km HC+NOX standard.
As discussed below, EPA is proposing early credits provisions where
credits may be banked prior to the beginning of the program. In several
other emissions control programs, EPA allows manufacturers to bank
credits after the start of the program for future use, or trade them to
another manufacturer. In general, EPA has been supportive of these
additional flexibilities and sees the potential for added value here as
a means to reduce cost and provide additional compliance flexibility as
needed * * * California's current program, however, does not contain
banking (except for early banking) and trading provisions and
manufacturers have not shown an interest in such provisions.
Harmonization with California has been the overarching concern. Banking
and trading provisions
[[Page 53080]]
that are out-of-step with the California program may have little use
because manufacturers plan on carrying over their California products
nationwide. In addition, such provisions complicate the certification
and compliance protocols because EPA must set up systems for tracking
credits and these systems must be established even if the use of the
credit provisions is unlikely.
Because EPA believes banking and trading provisions would
complicate the program, EPA is requesting comment on them rather than
proposing them. EPA requests comment on an approach where manufacturers
would establish HC+NOX family emissions limits (FELs) that
are either below the standard, for generating credits, or above the
standard, for using credits. These FELs, in effect, become the standard
for the individual family. This would be similar in nature to the
program for heavy-duty engines (see 40 CFR 86.004-15), but without
transient conversion factors. Those commenting in support of credit
banking and trading are encouraged to also provide detailed comments on
any related provisions which would need to be considered in
establishing the program for generating and using credits such as
credit life, discounts (if any), cross displacement class trading
issues, etc.
To maintain equity, California ARB adopted a cap on Family Emission
Limits of 2.5 g/km HC for all individual engine families under the
existing emission-credit program (i.e., for Class III motorcycles).
Because the 2.5 g/km HC-only standard was in effect in California
before the emission-credit program was adopted, the 2.5 g/km cap
continues to prevent manufacturers from selling motorcycles with
emissions higher than the previous standard. Based on this reasoning,
we are proposing a similar cap. However, because the current federal
standard is 5.0 g/km, we are proposing an emissions cap on individual
engine families of 5.0 g/km HC+NOX. This will provide the
added benefit of enabling manufacturers to retain some of the federally
certified engine families that might otherwise have had some difficulty
meeting the somewhat lower cap specified by California. Manufacturers
producing these higher-emitting models would need to offset these
emissions with other models certified below the standard.
To provide additional flexibility for manufacturers, we are
requesting comment on the possible benefits of incorporating Class I
and Class II motorcycles into the averaging program described above.
This could be done in various ways. One option would be to define the
proposed Class I and Class II HC-only standard of 1.0 g/km as an
averaging standard, either within each class or for Class I and Class
II combined. However, we believe this option would be of limited use,
given the small number of engine families in these motorcycle classes.
A second option would be to develop a credit program similar to that in
place for the California Low-Emission Vehicle Program. Under this type
of program, for example, credits accumulated by Class III motorcycles
could be used to offset ``debits'' accumulated in one or both of the
other classes. Credits would be accumulated by having a sales-weighted
fleet-average value of the class below the applicable standard, while
debits would result from having a class fleet-average value above the
standard. A third option would be to allow the certification of Class I
and II motorcycles to the Class III ``averaging set.'' In other words,
under this option the combined sales-weighted fleet average of Class I,
II, and III motorcycles would, at the manufacturer's option, be
certified to the Tier 1 and Tier 2 fleet average HC+NOX
standards. We request comment on the value of provisions of this
nature, and on the advantages and disadvantages of each of these basic
approaches. We also request comment on whether there are any
adaptations of this averaging program that would improve the
flexibility for small volume manufacturers.
To encourage early compliance, we are also proposing incentives in
the emission-credit program similar to those in place in California,
with timing adjusted due to the differing federal implementation
schedule. We believe such incentives will encourage manufacturers to
introduce Tier 2 motorcycles nationwide earlier than required by this
proposal. In addition, we believe some manufacturers can reduce
emissions even further than required by the Tier 2 standard; we would
like to encourage the early introduction of these very low-emission
vehicles. This proposal would provide incentives for early compliance
by assigning specific multiplier factors based on how early a
manufacturer produces a Tier 2 motorcycle and a motorcycle certified at
0.4 g/km HC+NOX; these multipliers are shown in Table V.C-1.
Because we expect the Tier 2 technologies to become more widespread
as 2010 approaches, the multipliers decrease linearly in value from
2006 until 2010, when the early compliance incentive would no longer
have any value (i.e., the multiplier has a value of 1.0) and the
program would terminate. As shown in Table V.C-1, each unit of early
Tier 2 motorcycles (those certified at 0.8 g/km HC+NOX)
would count as Y motorcycles at 0.8 g/km HC+NOX for purposes
of corporate averaging in 2010, where Y is 1.5 for those motorcycles
sold during model years (MY) 2003 through 2006, 1.375 for those sold in
MY 2007, 1.250 for those sold in MY 2008, and 1.125 for those sold in
MY 2009. A similar set of multipliers is shown in Table V.C-1 for pre-
MY 2010 motorcycles certified even lower at 0.4 g/km HC+NOX.
Table V.C-1.--Multipliers to Encourage Early Compliance With the
Proposed Tier 2 Standard and Beyond
------------------------------------------------------------------------
Multiplier (Y) for
use in MY 2010
corporate averaging*
Model year sold ----------------------
Certified
Early tier at 0.4 g/
2 km HC+NOX
------------------------------------------------------------------------
2003 through 2006................................ 1.5 3.0
2007............................................. 1.375 2.5
2008............................................. 1.250 2.0
2009............................................. 1.125 1.5
------------------------------------------------------------------------
* Early Tier 2 motorcycles and motorcycles certified to 0.4 g/km are
counted cumulatively toward the MY 2010 corporate average.
In 2010 and later model years the program would become a basic
averaging program, where each manufacturer would have to meet the
applicable HC+NOX standard on a fleet-average basis. See the
proposed regulations at Sec. 86.449.
3. Is EPA Proposing Blue Sky Standards for These Engines?
We are not proposing Blue Sky Standards for motorcycles at this
time. Under the proposed averaging program there is an incentive to
produce very clean motorcycles early, but it is of limited duration.
However, several possible approaches could include a Blue Sky program,
such as the ones discussed for marine evaporative emissions earlier in
this document. For example, a Blue Sky standard could be set at the 0.4
g/km HC+NOX level used under the proposed averaging program.
We request comment on whether a Blue Sky program is desirable for
motorcycles, and what standards would be appropriate for such a
program.
4. Do These Standards Apply to Alternative-Fueled Engines?
The proposed emission standards would apply to all motorcycles,
regardless of fuel. Although the federal numerical emission standards
have not
[[Page 53081]]
been updated in more than twenty years, the regulations were revised
twice in the 1990's to apply the standards to certain alternative-
fueled motorcycles. In 1990 the emission standards became applicable to
methanol-fueled motorcycles (see 54 FR 14539, Apr. 11, 1989), and in
1997 the standards became applicable to natural gas-fueled and
liquified petroleum gas-fueled motorcycles (see 59 FR 48512, Sept. 21,
1994).
We propose to apply the emission standards for highway motorcycles,
regardless of fuel. This would have the effect of including any
motorcycles that operate on diesel fuel. We do not believe the
provisions in this proposal create any unique issues for motorcycles
powered by alternative fuels. However, we request comment on whether
there are unique aspects to motorcycles fueled with these alternative
fuels (if there are any such motorcycles) that would make the proposed
standards particularly challenging or infeasible.
5. Should Highway and Off-Highway Regulations Be Integrated?
We recognize that many motorcycle manufacturers produce both on-
and off-highway motorcycles and are interested in receiving comment on
integrating the two sets of requirements into a single part of the
regulations. Currently, EPA regulations for highway motorcycles are in
40 CFR part 86, while the proposed regulations for recreational
vehicles and engines are in 40 CFR part 1051. Given that the proposed
requirements for off-highway motorcycles and ATVs would duplicate many
of the requirements that apply to highway motorcycles (such as test
procedures and certification protocol), it may be appropriate to
integrate the highway motorcycle requirements with the recreational
vehicle requirements in part 1051. This may help manufacturers with
both on- and off-highway products by eliminating differing or
inconsistent paperwork or testing requirements for the different
products. We request comment on the value of centralizing the
requirements in this way.
6. Is EPA Proposing Production Line Testing Requirements for Highway
Motorcycles?
Production line testing requirements have never been required for
highway motorcycles, but we are seeking comment on them as part of this
proposal. However, we recognize that production-line testing may serve
as a valuable tool to ensure that newly assembled engines control
emissions at least as well as the prototype models used for
certification. We believe testing highway motorcycles from the
production line would add little additional burden and could easily be
incorporated into the existing production-line quality checks that most
manufacturers routinely perform. In fact, some nonroad engine
manufacturers use emission measurements as part of their standard
quality-control protocol at the assembly line to ensure proper engine
functioning. Also, we would waive testing requirements for
manufacturers with consistently good emission results. We request
comment on extending to highway motorcycles the production-line testing
requirements recently proposed for nonroad engines and vehicles (66 FR
51098). If such requirements were extended to highway motorcycles, we
request comment on the impact of such requirements on smaller
manufacturers and whether such requirements should apply to small
manufacturers (i.e., those with less than 3,000 annual unit sales). In
the absence of production line testing we are not likely to allow post-
certification changes to be made to the Family Emission Limits (FELs)
applicable to a given engine family under the emissions averaging
program.
7. What Test Fuel Is Specified for Emission Testing of Motorcycles?
The specifications for gasoline to be used by the EPA and by
manufacturers for emission testing can be found in 40 CFR 86.513-94.
These regulations also specify that the fuel used for vehicle service
accumulation shall be ``representative of commercial fuels and engine
lubricants which will be generally available through retail outlets.''
During the last twenty years of regulation of motorcycle emissions, the
fuel specifications for motorcycle testing have been essentially
identical to those for automotive testing. However, on February 10,
2000, EPA issued a final rule entitled ``Tier 2 Motor Vehicle Emissions
Standards and Gasoline Sulfur Control Requirements'' (65 FR 6697, Feb.
10, 2000). In addition to finalizing a single set of emission standards
that will apply to all passenger cars, light trucks, and larger
passenger vehicles (e.g., large SUVs), the rule requires the
introduction of low-sulfur gasoline nationwide. To provide consistency
with the fuels that will be in the marketplace, the rule amended the
test fuel specifications, effective starting in 2004 when the new
standards will take effect. The principal change that was made was a
reduction in the allowable levels of sulfur in the test fuel, from a
maximum of 0.10 percent by weight to a range of 0.0015 to 0.008 percent
by weight.
Given that low-sulfur fuel will be the existing fuel in the
marketplace when our proposed program would take effect (and therefore
required for service accumulation), we propose to amend the motorcycle
test fuel to reflect the true nature of the fuels available in the
marketplace. Doing so would remove the possibility that a test could be
conducted with an unrealistically high level of sulfur in the fuel.
8. Highway Motorcycle Evaporative Emissions
In addition to California's exhaust emission standards, California
ARB has also established evaporative emission standards for highway
motorcycles. These standards took effect with the 1983 model year for
Class I and II motorcycles, and the 1984 model year for Class III
motorcycles. An initial evaporative emission standard that applied for
two model years was set at 6.0 grams of hydrocarbons per test.
Following two model years at this level, the standard was reduced to a
more stringent 2.0 grams of hydrocarbons per test for all motorcycle
classes. This is the currently applicable standard, and it was not
changed during California's recent revisions to their motorcycle
exhaust emission standards.
We believe that it is not necessary at this time to propose
adopting broad evaporative emission standards such as California's. The
fuel tanks are generally small, resulting in diurnal and refueling
emissions that we expect to be proportionately low. The use rates of
motorcycles is likewise low, and we expect that hot soak emissions will
be low as well. California has unique air quality concerns that may
prompt the State to pursue and select emissions controls that we may
find unnecessary for a national program. However, our investigation
into the hydrocarbon emissions related to permeation of fuel tanks and
fuel hoses with respect to marine applications has raised a new
emissions concern that has a broad reach across many different vehicle
types. Permeation of fuel tanks and hoses is one of four components of
a vehicle's evaporative emissions. The other three primary evaporative
components are: hot soak emissions, which occur when fuel evaporates
from hot engine surfaces; diurnal emissions, which occur when fuel in
tanks and hoses heats up in response to increases in ambient
temperature; and refueling emissions, which occur when fuel vapors are
displaced from the tank during refueling. As described in section III,
the permeation emissions
[[Page 53082]]
from boats outweigh other evaporative emissions significantly; in fact,
permeation from tanks and hoses results in more emissions than the
other three types of evaporative emissions combined. Given this, we are
assessing other vehicle types, including highway motorcycles, off-road
motorcycles, and all-terrain vehicles, that may use fuel tanks or hoses
with less-than-optimal control of permeation emissions. The fact that
the fuel tanks in these types of vehicles are generally small does not
significantly affect the importance of these emissions; it is the fact
that permeation is occurring every hour of every day when there is fuel
in the tank that results in the significance of emissions related to
permeation.
Section III.H of this preamble, as well as the Draft Regulatory
Support Document, detail some of the technological strategies that may
be employed to reduce fuel permeation. The application of several of
these technologies to highway motorcycles appears to be relatively
straightforward, with little cost and essentially no adverse
performance or aesthetic impacts. These technologies, which are already
available and which appear to be relatively inexpensive, could reduce
permeation of tanks and hoses by 95 percent or more. In addition, the
control technology may pay for itself in many instances due to positive
fuel consumption impacts.
We request comment on finalizing standards that would require low
permeability fuel tanks on highway motorcycles, starting with the 2006
model year. We would presume that the metal fuel tanks that equip most
highway motorcycles would already meet the low permeability
requirement, and thus, there would be no need for any fuel tank design
or material changes on the vast majority of highway motorcycles.
However, many if not all of the dual-sport motorcycles are equipped
with plastic fuel tanks, as are some motorcycles in the sport or super-
sport categories. These motorcycles, under the type of regulation that
we are requesting comment on, would have to employ metal tanks or
plastic fuel tanks using one of the barrier technologies (e.g., a
fluorination or sulfonation treatment) described in section III.H to
meet the standards. We expect that any standards finalized would be
similar in design to those proposed regarding fuel tank permeation for
marine engines, as discussed earlier in this preamble.
Retail sales data from Dealernews for the 2001 calendar year
indicates that sales of motorcycles in the sport category amounted to
just over 20 percent of total highway motorcycle sales, and dual-sport
motorcycles were a much smaller 4 percent of the total. We may then
conservatively estimate that approximately 25 percent of current
motorcycles now have plastic tanks that would need upgrading. This is a
conservative estimate for two reasons: (1) Some of these motorcycles
are probably using metal tanks; and (2) it is highly likely that some
of the existing plastic tanks have already been upgraded with a barrier
treatment in order to meet the California evaporative emission
requirements. We are interested in collecting more information
regarding the degree to which plastic fuel tanks are used on highway
motorcycles, and, to the extent they are, what if any measures have
been taken by manufacturers to reduce permeation emissions.
Highway motorcycle fuel tanks range in capacity from just over one
gallon on some small scooters to about 7.5 gallons on some large
touring and sport touring motorcycles. Most of the sport and super-
sport motorcycles appear to have fuel tanks that fall generally in the
range of 4 to 6 gallons, while dual-sport motorcycles may be slightly
smaller on average, perhaps typically in the 3 to 5 gallon range. If we
select 5 gallons as a conservative estimate of the average size of the
fuel tanks for those types of motorcycles most likely to have to employ
one of the fuel tank barrier technologies, the additional cost per tank
(assuming fluorination treatment) is estimated to be about $3.25 (see
section 5.2.1 of the Draft Regulatory Support Document). We estimate
that shipping, handling, and overhead costs would be an additional
$0.85, resulting in a total average cost of about $4.10. Therefore, the
average industry-wide price increase that would be associated with a
requirement of this nature would be about $1.00.
We also request comment on promulgating standards that would
require the use of low permeability fuel hoses on all highway
motorcycles, starting in the 2006 model year. Like low permeation fuel
tanks, it is very likely that some manufacturers have already addressed
permeation from the fuel hoses on some of their product line due to the
California evaporative emission requirements. However, we will
conservatively estimate that no current motorcycles are equipped with
fuel hoses that significantly reduce or eliminate permeation. The cost
of a fuel line with low permeation properties is estimated to be about
$1.30 per foot (see section 5.2.1 of the Draft Regulatory Support
Document). Highway motorcycles are estimated to have about one to two
feet of fuel line on average; thus, using the average cost and a fuel
line length of 18 inches, we estimate an average industry-wide price
increase associated with a low permeation fuel line requirement to be
about $2.00 per motorcycle. We therefore estimate that the total
increased cost per motorcycle that would result from requiring low
permeation fuel tanks and fuel hoses would be about $3.00. We are
interested in collecting more information regarding fuel hoses
currently used on highway motorcycles, in particular regarding the
typical length, the material, and the permeation properties.
We request comment on the form these standards would take (e.g.,
whether there should be absolute numerical limits or percentage
reduction requirements, if we determined they were appropriate.) We
also request comment on implementing requirements such as those
described above by allowing the manufacturer to submit a statement at
the time of certification that the fuel tanks and hoses used on their
products meet standards, specified materials, or construction
requirements based on testing results. For example, a manufacturer
using plastic fuel tanks could state that the engine family at issue is
equipped with a fuel tank with a low permeability barrier treatment
such as fluorination. Fuel hoses could be certified as being
manufactured in compliance with certain accepted SAE specifications.
These certification statements could be done on an engine family basis,
or possibly a blanket statement could cover a manufacturer's entire
product line. EPA expects that 95 percent reductions over uncontrolled
emission levels for permeation are achievable for plastic fuel tanks.
These reductions imply a tank permeability standard of about 0.024 g/
gal/day for fuel tanks. For fuel hoses, we would consider the proposed
standards for marine hoses of 5 grams per square meter per day. We
request comment on these and other options that would enable regulation
and enforcement of low permeability requirements.
As was discussed earlier regarding marine evaporative emissions,
California ARB and EPA have conducted permeation testing with regard to
evaporative emissions from HDPE plastic tanks. There are 8 data points
for tanks of 3.9 to 7.5 gallons capacity. The permeation rates varied
from 0.2 to1.0 grams per gallon per day with an average value of 0.75
g/gal/day. This data was based on tests with an average temperature of
about 29 deg.C. As discussed in Chapter 4 of the draft RSD, temperature
has a first order effect on the rate of permeation. Roughly,
[[Page 53083]]
permeation doubles with every 10 deg.C increase in temperature. For the
5 gallon tank discussed above, at 23 deg.C, the average emission rate
is about 0.50 g/gal/day or 2.5 g/day.
For the purposes of this analysis we assumed a fuel hose with an
inside diameter of about 1cm (\3/8\ inch) and a permeation rate of 550
grams per square meter per day at 23 deg.C. This permeation rate is
based on the SAE J30 requirement for R7 fuel hose, the type of hose
found on a small sample of motorcycles we examined. For the 18 inch
hose mentioned above this yields an emission rate of 7.5 g/day.
Combining the average emission rates determined for the fuel tanks
and fuel hoses above and adjusting for the 25 percent of tanks that
would be affected by permeation standards yields a daily average
emission rate of 8.1 g/day (7.5 g/day + (0.25 x 2.5 g/day)). The total
combined tank and hose emission rate for those motorcycles that we
estimate will require fuel tank treatments (25 percent of motorcycles)
is 9.9 g/day (7.5 g/day + 2.5 g/day).
Table V.C-2 presents national totals for permeation emissions from
motorcycles. These permeation estimates are based on the emission rates
discussed above and population, turnover, and temperature projections
discussed in Chapter 6 of the draft RSD.
Table V.C-2.--Projected Motorcycle Permeation Hydrocarbon Emissions
[short tons]
------------------------------------------------------------------------
Calendar year Baseline Control Reduction
------------------------------------------------------------------------
2005................................... 14,600 14,600 0
2010................................... 16,900 10,800 6,100
2015................................... 19,200 6,010 13,200
2020................................... 21,500 1,950 19,600
2030................................... 26,200 317 25,900
------------------------------------------------------------------------
The average lifetime of a typical motorcycle is estimated to be
about 12.5 years. Permeation control techniques can reduce emissions by
95 percent for tanks and more than 99 percent for hoses. Multiplying
this efficiency and these emission rates by 12.5 years and discounting
at 7 percent yields lifetime per motorcycle emission reductions of
0.0013 tons for the fuel tank, 0.017 tons for the fuel hose, and 0.019
tons on average overall. In turn, using the cost estimates above, these
emission reductions yield HC cost per ton values of $794 for the 5
gallon tank, $112 for the fuel hose, and $160 for the average overall.
Because evaporative emissions are composed of otherwise useable
fuel that is lost to the atmosphere, measures that reduce evaporative
emissions can result in potentially significant fuel savings. For a
motorcycle with a 5 gallon fuel tank, we estimate that the low
permeability measures discussed in this section could save 9.6 gallons
over the 12.5 year average operating lifetime, which translates to a
discounted lifetime savings of $6.75 at an average fuel price of $1.10
per gallon. Combining this savings with an estimated cost per
motorcycle of $3.00 results in a discounted lifetime savings per
motorcycle of $3.75. The cost per ton of the evaporative emission
reductions described above is $160; however, if the fuel savings are
included, the estimated cost per ton is actually -$203. This means that
the fuel savings are larger than the cost of using low permeation
technology.
D. Special Compliance Provisions
While the highway motorcycle market is dominated by large
companies, there are over 30 small businesses manufacturing these
products. They are active in both the federal and California markets.
California has been much more active than EPA in setting new
requirements for highway motorcycles, and indeed, the California
requirements have driven the technology demands and timing for highway
motorcycle emission controls. We have developed our special compliance
provisions partly in response to the technology, timing, and scope of
the requirements that apply to the small businesses in California's
program. The provisions discussed below would reduce the economic
burden on small businesses, allowing harmonization with California
requirements in a phased, but timely manner.
We propose that the flexibilities described below will be available
for small entities with highway motorcycle annual sales of fewer than
3,000 units per model year (combined Class I, II, and III motorcycles)
and fewer than 500 employees. These provisions are appropriate because
of the significant research and development resources may be necessary
to meet the proposed emission standards. These provisions would reduce
the burden while ensuring the vast majority of the program is
implemented to ensure timely emission reductions. We also understand
that many small highway motorcycle manufacturers market ``classic'' and
``custom'' motorcycles, often with a ``retro'' appearance, that tends
to make the addition of new technologies a uniquely resource-intensive
prospect.
1. Delay of Proposed Standards
We propose to delay compliance with the Tier 1 standard of 1.4 g/km
HC+NOX until the 2008 model year for small-volume
manufacturers. We are proposing a Tier 1 standard beginning in the 2006
model year for highway motorcycles. Small manufacturers are required to
meet the Tier 1 standard in 2008 in California. Given that the
California requirements apply in 2008 for small businesses, we seek
comment on whether additional time is needed for small businesses to
comply with the federal program.
The current California regulations do not require small
manufacturers to comply with the Tier 2 standard of 0.8 g/km
HC+NOX. The California Air Resources Board found that the
Tier 2 standard represents a significant technological challenge and is
a potentially infeasible limit for these small manufacturers. We share
the California ARB's concern regarding this issue. As noted above, many
of these manufacturers market a specialty product with a ``retro''
simplicity that may not easily lend itself to the addition of advanced
technologies like catalysts. However, the ARB has acknowledged that, in
the course of their progress review planned for 2006, they will revisit
their small-manufacturer provisions. Therefore, we plan to participate
with the ARB in the 2006 progress review as these provisions are
revisited, and delay making decisions on the applicability to small
businesses of Tier 2 or other revisions to the federal regulations that
are appropriate following the review.
2. Broader Engine Families
Small businesses have met EPA certification requirements since
1978. Nonetheless, certifying motorcycles to revised emission standards
has cost and lead time implications. Relaxing the criteria for what
constitutes an engine or vehicle family could potentially allow small
businesses to put all of their models into one vehicle or engine family
(or more) for certification purposes. Manufacturers would then certify
their engines using the ``worst case'' configuration within the family.
This is currently allowed under the existing regulations for small-
volume highway motorcycle manufacturers. We propose that these
provisions remain in place.
3. Exemption From Production Line Testing
There is currently no mandatory production line testing requirement
for highway motorcycles. The current
[[Page 53084]]
regulations allow us to request production vehicles from any certifying
manufacturer for testing. We are proposing no changes to these existing
provisions at this time.
4. Averaging, Banking, and Trading
An emission-credit program allows a manufacturer to produce and
sell engines and vehicles that exceed the applicable emission
standards, as long as the excess emissions are offset by the production
of engines and vehicles emitting at levels below the standards. The
sales-weighted average of a manufacturer's total production for a given
model year must meet the standards. An emission-credit program
typically also allows a manufacturer to bank credits for use in future
model years, as well as buy credits from, or sell credits to, other
manufacturers. Emission-credit programs are generally made available to
all manufacturers, though special provisions for small businesses could
be created to increase flexibility. We therefore propose an emission-
credit program for highway motorcycles similar to that discussed above
in V.C.2. for all motorcycle manufacturers.
For the reasons described in section V.C.2., we are not proposing
post implementation emissions credits banking and trading provisions,
but are requesting comment on them. This is not consistent with the
Panel's recommendations for small entities. We request comment on the
usefulness of banking and trading for small entities. For additional
information on this subject, commenters may review a report prepared
for the Small Business Administration on credits programs, ``Emissions
Trading for Small Business'', for ideas on how such programs could be
useful for small entities.\41\
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\41\ ``Emissions Trading for Small Businesses'', Final Report,
Jack Faucett Associates, March 2002, http://www.sba.gov/advo/research/rs216tot.pdf (Docket A-2000-01; document IV-A-26).
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5. Hardship Provisions
We are proposing two types of provisions to address unusual
hardship circumstances for motorcycle manufacturers. The first type of
hardship program would allow small businesses to petition EPA for
additional lead time (e.g., up to 3 years) to comply with the
standards. A small manufacturer would have to make the case that it has
taken all possible business, technical, and economic steps to comply
but the burden of compliance costs would have a significant impact on
the company's solvency. A manufacturer would be required to provide a
compliance plan detailing when and how it would achieve compliance with
the standards. Hardship relief could include requirements for interim
emission reductions and/or purchase and use of emission credits. The
length of the hardship relief decided during review of the hardship
application would be up to one year, with the potential to extend the
relief as needed. The second hardship program would allow companies to
apply for hardship relief if circumstances outside their control cause
the failure to comply (i.e., supply contract broken by parts supplier)
and if the failure to sell the subject engines would have a major
impact on the company's solvency. See the proposed regulatory text in
40 CFR 1068.240 and 1068.241 for additional details.
In light of the California requirements, which do not include
hardship provisions, we request comment on this alternative.
6. Reduced Certification Data Submittal and Testing Requirements
Current regulations allow significant flexibility for certification
by manufacturers projecting sales below 10,000 units of combined Class
I, II, and III motorcycles. For example, a qualifying manufacturer must
submit an application for certification with a statement that their
vehicles have been tested and, on the basis of the tests, conform to
the applicable emission standards. The manufacturer retains adequate
emission test data, for example, but need not submit it. Qualifying
manufacturers also need not complete the detailed durability testing
required in the regulations. We are proposing no changes to these
existing provisions.
7. Nonconformance Penalties
Clean Air Act section 206(g) (42 U.S.C. 7525(g)), allows EPA to
issue
a certificate of conformity for heavy-duty engines or for highway
motorcycles that exceed an applicable section 202(a) emissions
standard, but do not exceed an upper limit associated with that
standard, if the manufacturer pays a nonconformance penalty established
by rulemaking. Congress adopted section 206(g) in the Clean Air Act
Amendments of 1977 as a response to perceived problems with technology-
forcing heavy-duty engine emissions standards. If strict standards were
maintained, then some manufacturers, ``technological laggards,'' might
be unable to comply initially and would be forced out of the
marketplace. Nonconformance penalties were intended to remedy this
potential problem. The laggards would have a temporary alternative that
would permit them to sell their engines or vehicles by payment of a
penalty. There are three criteria for determining the eligibility of
emission standards for nonconformance penalties in any given model
year. First, the emission standard in question must become more
difficult to meet, either by becoming more stringent itself or by its
interaction with another emission standard that has become more
stringent. Second, substantial work must be required to meet the
emission standard. We consider ``substantial work'' to mean the
application of technology not previously used in that vehicle or engine
class/ subclass, or a significant modification of existing technology,
to bring that vehicle/engine into compliance. We do not consider minor
modifications or calibration changes to be classified as substantial
work. Third, it must be likely that a company will become a
technological laggard. A technological laggard is defined as a
manufacturer who cannot meet a particular emission standard due to
technological (not economic) difficulties and who, in the absence of
nonconformance penalties, might be forced from the marketplace.
Nonconformance penalties have been offered on occasion as a
compliance option for several heavy-duty engine emission standards, but
they have never been offered for highway motorcycles. However, as noted
above, the Clean Air Act provides us with the authority to provide
nonconformance penalties for highway motorcycles if they can be
justified. While we do not currently believe that the three criteria
established by rulemaking could be satisfied with respect to the Tier 1
standard (the ``substantial work'' criterion may not be applicable),
there is a greater possibility that the criteria could be satisfied
with respect to the Tier 2 standard. We request comment on whether the
three criteria noted above could apply to the Tier 1 or Tier 2
standard, and if so, whether nonconformance penalties should be
considered as an option. Typically, however, it is impossible at the
time of a rulemaking to make the finding that a technological laggard
has emerged with respect to a standard taking effect well into the
future. For example, the proposed program would provide eight years of
lead time to meet the Tier 2 standard, and making a judgment in this
rulemaking regarding the existence of a technological laggard is
impossible. It would be likely, for example, that we revisit this issue
in the context of California ARB's 2006 progress review, or even later.
However,
[[Page 53085]]
we request comment nevertheless on whether nonconformance penalties
would be a desirable option, should conditions develop that warrant
them. We also request comment on, given the availability of the
hardship provisions described above, whether non-conformance penalties
would potentially be needed.
E. Technological Feasibility of the Standards
1. Class I and Class II Motorcycles Between 50 and 180cc
As noted above, we are proposing to adopt the current California
standards for Class I and Class II motorcycles. These standards have
been in place in California since 1982. The question of whether or not
these standards are technically feasible has been answered in the
affirmative, since 21 of the 22 EPA-certified 2001 model year
motorcycle engine families in these classes are already certified to
these standards, and all 24 of the 2002 model year engine families meet
these standards. These 24 engine families are all powered by four-
stroke engines, with a variety of emission controls applied, including
basic engine modifications on almost all engine families, secondary air
injection on three engine families, and a two-way oxidation catalyst on
one engine family.
In past model years, but not in the 2002 model year, an engine
family that does not meet the California standards had certified to the
existing federal standards and not sold in California. It was a 100cc
dual-sport motorcycle powered by a two-stroke engine, with an HC
certification level of 3.9 g/km. This motorcycle no longer appears to
be available as of the 2002 model year. Adopting the California
standards for these motorcycle classes could preclude this motorcycle
or others like it from being certified and sold federally, unless the
federal program includes additional flexibility relative to the
California program. As discussed above, we are proposing that the HC
standard for Class I and Class II motorcycles be an averaging standard,
in a departure from California's treatment of these motorcycle classes.
This in itself could be of limited use given the low number of Class I
and Class II engine families, but, as discussed in Section V.C.2 above,
we are also proposing to allow credits accumulated by certifying Class
III engine families to a level lower than the standard to be used to
offset Class I or Class II engine families certified to levels above
the fleet-average standard.\42\
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\42\ The manufacturer taht had certified this two-stroke for
highway use has typically certified 4-5 other Class I or II engine
families; therefore, a basic averaging program could enable them to
continue to market their two-stroke dual-sport. However, other
manufacturers may not have adequate additional engine families in
these classes, making a basic average standard less useful to them.
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2. Class I Motorcycles Under 50cc
As we have described earlier we are proposing to apply the current
California standard for Class I motorcycles to motorcycles with
displacements of less than 50cc (e.g., most motor scooters). These
motorcycles are currently not subject to regulation by the U.S. EPA or
by the State of California. They are, however, subject to emission
standards in Europe and much of the rest of the world. Historically
these motorcycles have been powered by 2-stroke engines, but a trend
appears to be developing that would result in most of these being
replaced by 4-stroke engines or possibly by advanced technology 2-
stroke engines, in some cases with catalysts.
The 4-stroke engine is capable of meeting our proposed standards.
Class I motorcycles above 50cc are already meeting it, most of them
employing nothing more than a 4-stroke engine. For example, the
existing Class I scooters certify at levels ranging from 0.4 to 0.8
grams per kilometer HC. All of these achieve the standards with 4-
stroke engine designs, and only one incorporates additional technology
(a catalyst). These engines range from 80 to 151cc in displacement,
indicating that a smaller engine should encounter few problems meeting
the proposed standards.
In order to meet more stringent standards being implemented
worldwide, manufacturers are developing and implementing a variety of
options. Honda, perhaps the largest seller of scooters in the U.S., has
entirely eliminated 2-stroke engines from their scooter product lines
as of the 2002 model year. They continue to offer a 50cc model, but
with a 4-stroke engine. Both of Aprilia's 49cc scooters available in
the U.S. have incorporated electronic direct injection technology,
which, in the case of one model, enables it to meet the ``Euro-2''
standards of 1.2 grams per kilometer HC and 0.3 grams per kilometer
NOX, without use of a catalytic converter.\43\ Piaggio,
while currently selling a 49cc basic 2-stroke scooter in the U.S.,
expects to begin production of a direct injection version in 2002, and
a 4-stroke 50cc scooter is also in development. Numerous 49cc models
marketed by Piaggio in Europe are available either as a 4-stroke or a
2-stroke with a catalyst. Piaggio, also an engine manufacturer and
seller, is already offering a 50cc 4-stroke engine to its customers for
incorporation into scooters.
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\43\ Aprilia webstie, http://www.apriliausa.com/ridezone/ing/models/scarabeo50dt/moto.htm. Available in the public docket for
review.
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The U.S. represents a very small portion of the market for small
motorcycles and scooters. There are few, if any, manufacturers that
develop a small-displacement motorcycle exclusively for the U.S.
market; the domestic sales volumes do not appear large enough at this
time to support an industry of this kind. The Italian company Piaggio
(maker of the Vespa scooters), for example, sold about as many scooters
worldwide in 2000 (about 480,000) as the entire volume of highway
motorcycles of all sizes sold in the U.S. in that year. U.S. sales of
Vespas in 2000 amounted to about 4800. The largest scooter markets
today are in South Asia and Europe, where millions are sold annually.
In Taiwan alone almost 800,000 motorcycles were sold domestically. More
than one third of these were powered by 2-stroke engines. Two- and
three-wheelers constitute a large portion of the transportation sector
in Asia, and in some urban areas these vehicles--many of them powered
by 2-stroke engines--can approach 75 percent of the vehicle population.
According to a World Bank report, two-stroke gasoline engine vehicles
are estimated to account for about 60 percent of the total vehicle
fleet in South Asia.\44\
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\44\ Improving Urban Air Quality in South Asia by Reducing
Emissions from Two-Stroke Engine Vehicles. Masami Kojima, Carter
Brandon, and Jitendra Shah. December 2000. Prepared for the World
Bank. Available in the public docket for review (Docket A-2000-01;
document II-D-191), or on the internet at: http://www.worldbank.org/html/fpd/esmpa/publication/airquality.html.
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Many nations are now realizing that the popularity of these
vehicles and the high density of these vehicles in urban areas are
contributing to severe air quality problems. As a consequence, some of
the larger small motorcycle markets in Asia and India are now placing
these vehicles under fairly strict regulation. It is clear that actions
in these nations will move the emission control technology on small
motorcycles, including those under 50cc, in a positive direction. For
example, according to the World Bank report, as of 2000 catalytic
converters are installed in all new two-stroke engine motorcycles in
India, and 2003 standards in Taiwan will effectively ban new two-
strokes with emission
[[Page 53086]]
standards so stringent that only a four-stroke engine is capable of
meeting them.
Given the emerging international picture regarding emission
standards for scooters, we believe that scooter manufacturers will be
producing scooters of less than 50cc displacement that meet our
proposed standards well in advance of the 2006 model year, the first
year we propose to subject this category of motorcycle to U.S. emission
standards. We would expect that small entities that import scooters
into the U.S. from the larger scooter markets would be able to import
complying vehicles. We request comment on this assessment.
There are other numerous factors in the international arena that
may affect the product offerings in the less than 50cc market segment.
For example, the European Union recently changed the requirements
regarding insurance and helmet use for under 50cc scooters and mopeds.
Previously, the insurance discounts and lack of helmet requirements in
Europe provided two relatively strong incentives to purchasers to
consider a 49cc scooter. Recently, however, the provisions were changed
such that helmets are now required and the insurance costs are
comparable to larger motorcycles. The result was a drop of about 30% in
European sales of 49cc scooters in 2001 due to customers perceiving
little benefit from a 49cc scooter relative to a larger displacement
engine.
3. Class III motorcycles
a. Tier 1 standards. In the short term, the proposed Tier 1
HC+NOX standard of 1.4 g/km HC+NOX reflects the
goal of achieving emission reductions that could be met with reasonably
available control technologies, primarily involving engine
modifications rather than catalytic converters. As noted earlier, we
are proposing that this standard be effective for the 2006 model year.
Based on current certification data, a number of existing engine
families already comply with this standard or would need relatively
simple modifications to comply. In other cases, the manufacturers will
need to use control technologies that are available but are not yet
used on their particular vehicles (e.g., electronic fuel injection to
replace carburetors, changes to cam lobes/timing, etc.). For the most
part, manufacturers will not need to use advanced technologies such as
close-coupled, closed-loop three way catalysts.
While manufacturers will use various means to meet the Tier 1
standard, there are four basic types of existing, non-catalyst-based,
emission-control systems available to manufacturers. The most important
of these is the use of secondary pulse-air injection. Other engine
modifications and systems include more precise fuel control, better
fuel atomization and delivery, and reduced engine-out emission levels
from engine changes. The combinations of low-emission technologies
ultimately chosen by motorcycle manufacturers are dependent on the
engine-out emission levels of the vehicle, the effectiveness of the
prior emission-control system, and individual manufacturer preferences.
Secondary pulse-air injection, as demonstrated on current
motorcycles, is applied using a passive system (i.e., no air pump
involved) that takes advantage of the flow of gases (``pulse'') in the
exhaust pipes to draw in fresh air that further combusts unburned
hydrocarbons in the exhaust. Engine modifications include a variety of
techniques designed to improve fuel delivery or atomization; promote
``swirl'' (horizontal currents) and ``tumble'' (vertical currents);
maintain tight control on air-to-fuel (A/F) ratios; stabilize
combustion (especially in lean A/F mixtures); optimize valve timing;
and retard ignition timing.
Secondary pulse air injection involves the introduction of fresh
air into the exhaust pipe immediately after the gases exist the engine.
The extra air causes further combustion to occur, thereby controlling
more of the hydrocarbons that escape the combustion chamber. This type
of system is relatively inexpensive and uncomplicated because it does
not require an air pump; air is drawn into the exhaust through a one-
way reed valve due to the pulses of negative pressure inside the
exhaust pipe. Secondary pulse-air injection is one of the most
effective non-catalytic emission-control technologies; compared to
engines without the system, reductions of 10 to 40 percent for HC are
possible with pulse-air injection. Sixty-five of the 151 2001 model
year Class III engine families certified for sale in the U.S employ
secondary pulse-air injection to help meet the current California
standards. We anticipate that most of the remaining engine families
will use this technique to help meet the Tier 1 and Tier 2 standards.
Improving fuel delivery and atomization primarily involves the
replacement of carburetors, currently used on most motorcycles, with
more precise fuel injection systems. There are several types of fuel
injection systems and components manufacturers can choose. The most
likely type of fuel injection manufacturers will choose to help meet
the Tier 1 standard is sequential multi-point fuel injection (SFI).
Unlike conventional multi-point fuel injection systems that deliver
fuel continuously or to paired injectors at the same time, sequential
fuel injection can deliver fuel precisely when needed by each cylinder.
With less than optimum fuel injection timing, fuel puddling and intake-
manifold wall wetting can occur, both of which hinder complete
combustion. Use of sequential-fuel-injection systems help especially in
reducing cold start emissions when fuel puddling and wall wetting are
more likely to occur and emissions are highest.
Motorcycle manufacturers are already beginning to use sequential
fuel injection (SFI). Of the 152 Class III motorcycle engine families
certified for sale this year, 36 employ SFI systems. We anticipate
increased applications of this or similar fuel injection systems to
achieve the more precise fuel delivery needed to help meet the Tier 1
and Tier 2 standards.
In addition to the techniques mentioned above, various engine
modifications can be made to improve emission levels. Emission
performance can be improved, for example, by reducing crevice volumes
in the combustion chamber. Unburned fuel can be trapped momentarily in
crevice volumes before being subsequently released. Since trapped and
re-released fuel can increase engine-out emissions, the elimination of
crevice volumes would be beneficial to emission performance. To reduce
crevice volumes, manufacturers can evaluate the feasibility of
designing engines with pistons that have reduced, top ``land heights''
(the distance between the top of the piston and the first ring).
Lubrication oil which leaks into the combustion chamber also has a
detrimental effect on emission performance since the heavier
hydrocarbons in oil do not oxidize as readily as those in gasoline and
some components in lubricating oil may tend to foul the catalyst and
reduce its effectiveness. Also, oil in the combustion chamber may trap
HC and later release the HC unburned. To reduce oil consumption,
manufacturers can tighten the tolerances and improve the surface finish
on cylinders and pistons, piston ring design and materials, and exhaust
valve stem seals to prevent excessive leakage of lubricating oil into
the combustion chamber.
Increasing valve overlap is another engine modification that can
help reduce emissions. This technique helps
[[Page 53087]]
reduce NOX generation in the combustion chamber by
essentially providing passive exhaust gas recirculation (EGR). When the
engine is undergoing its pumping cycle, small amounts of combusted
gases flow past the intake valve at the start of the intake cycle. This
creates what is essentially a passive EGR flow, which is then either
drawn back into the cylinder or into another cylinder through the
intake manifold during the intake stroke. These combusted gases, when
combined with the fresh air/fuel mixture in the cylinder, help reduce
peak combustion temperatures and NOX levels. This technique
can be effected by making changes to cam timing and intake manifold
design to optimize NOX reduction while minimizing impacts to
HC emissions.
Secondary pulse-air injection and engine modifications already play
important parts in reducing emission levels; we expect increased uses
of these techniques to help meet the Tier 1 standard. Direct evidence
of the extent these technologies can help manufacturers meet the Tier 1
standard can be found in EPA's highway motorcycle certification
database. This database is comprised of publicly-available
certification emission levels as well as some confidential data
reported by the manufacturers pursuant to existing motorcycle emission
certification requirements.
We do not expect any of these possible changes to adversely affect
performance. Indeed, the transition to some of these technologies
(e.g., advanced fuel injection) would be expected to improve
performance, fuel economy, and reliability. A direct comparison of
several motorcycle models in the EPA certification database between the
``California'' model (where one is offered; it is the exception rather
than the rule that a manufacturer offers a separate engine system for
California) and the model sold in the rest of the U.S. reveals no
change in the performance characteristics in the database (e.g., rated
horsepower, torque). We request comment on the impact these anticipated
changes might have on performance-related factors.
b. Tier 2 standards. In the long term, the proposed Tier 2
HC+NOX standard of 0.8 g/km would ensure that manufacturers
will continue to develop and improve emission control technologies. We
are proposing the Tier 2 standard to be effective by the 2010 model
year. We believe this standard is technologically feasible, though it
will present some challenges for manufacturers. Several manufacturers
are, however, already using some of the technologies that will be
needed to meet this standard. In addition, our proposed implementation
time frame gives manufacturers two years of experience in meeting this
standard in California before having to meet it on a nationwide basis.
At least one manufacturer already uses closed-loop, three-way catalysts
on several of its product lines. One manufacturer has already certified
a large touring motorcycle to the Tier 2 standards for sale in
California. Depending on assumptions regarding NOX levels,
other manufacturers have products currently in the market with emission
levels close to the Tier 2 standards using two-way catalysts, fuel
injection, secondary pulse-air injection, and other engine
modifications. The current average HC certification level for Class III
motorcycles is just under 1.0 g/km, with a number of motorcycles from a
variety of manufacturers at levels of 0.5 g/km or lower. We expect that
the proposed eight years of lead time prior to meeting these standards
on a nationwide basis would allow manufacturers to optimize these and
other technologies to meet the Tier 2 standard.
To meet the proposed Tier 2 standard for HC+NOX,
manufacturers would likely use more advanced engine modifications and
secondary air injection. Specifically, we believe manufacturers would
use computer-controlled secondary pulse-air injection (i.e., the
injection valve would be connected to a computer-controlled solenoid).
In addition to these systems, manufacturers would probably need to use
catalytic converters on some motorcycles to meet the proposed Tier 2
standards. There are two types of catalytic converters currently in
use: two-way catalysts (which control only HC and CO) and three-way
catalysts (which control HC, CO, and NOX). Under the
proposed Tier 2 standard, manufacturers would need to minimize levels
of both HC and NOX. Therefore, to the extent catalysts are
used, manufacturers would likely use a three-way catalyst in addition
to engine modifications and computer-controlled, secondary pulse-air
injection.
As discussed previously, improving fuel control and delivery
provides emission benefits by helping to reduce engine-out emissions
and minimizing the exhaust variability which the catalytic converter
experiences. One method for improving fuel control is to provide
enhanced feedback to the computer-controlled fuel injection system
through the use of heated oxygen sensors. Heated oxygen sensors (HO2S)
are located in the exhaust manifold to monitor the amount of oxygen in
the exhaust stream and provide feedback to the electronic control
module (ECM). These sensors allow the fuel control system to maintain a
tighter band around the stoichiometric A/F ratio than conventional
oxygen sensors (O2S). In this way, HO2S assist vehicles in achieving
precise control of the A/F ratio and thereby enhance the overall
emissions performance of the engine. At least one manufacturer is
currently using this technology on several 2001 engine families.
In order to further improve fuel control, some motorcycles with
electronic controls may utilize software algorithms to perform
individual cylinder fuel control. While dual oxygen sensor systems are
capable of maintaining A/F ratios within a narrow range, some
manufacturers may desire even more precise control to meet their
performance needs. On typical applications, fuel control is modified
whenever the O2S determines that the combined A/F of all cylinders in
the engine or engine bank is ``too far'' from stoichiometric. The
needed fuel modifications (i.e., inject more or less fuel) are then
applied to all cylinders simultaneously. Although this fuel control
method will maintain the ``bulk'' A/F for the entire engine or engine
bank around stoichiometric, it would not be capable of correcting for
individual cylinder A/F deviations that can result from differences in
manufacturing tolerances, wear of injectors, or other factors.
With individual cylinder fuel control, A/F variation among
cylinders will be diminished, thereby further improving the
effectiveness of the emission controls. By modeling the behavior of the
exhaust gases in the exhaust manifold and using software algorithms to
predict individual cylinder A/F, a feedback fuel control system for
individual cylinders can be developed. Except for the replacement of
the conventional front O2S with an HO2S sensor and a more powerful
engine control computer, no additional hardware is needed in order to
achieve individual cylinder fuel control. Software changes and the use
of mathematical models of exhaust gas mixing behavior are required to
perform this operation.
In order to maintain good driveability, responsive performance, and
optimum emission control, fluctuations of the A/F must remain small
under all driving conditions including transient operation. Virtually
all current fuel systems in automobiles incorporate an adaptive fuel
control system that automatically adjusts the system for component
wear, varying environmental
[[Page 53088]]
conditions, varying fuel composition, etc., to more closely maintain
proper fuel control under various operating conditions. For some
current fuel control systems, this adaptation process affects only
steady-state operating conditions (i.e., constant or slowly changing
throttle conditions). However, most vehicles are now being introduced
with adaptation during ``transient'' conditions (e.g., rapidly changing
throttle, purging of the evaporative system).
Accurate fuel control during transient driving conditions has
traditionally been difficult because of the inaccuracies in predicting
the air and fuel flow under rapidly changing throttle conditions.
Because of air and fuel dynamics (fuel evaporation in the intake
manifold and air flow behavior) and the time delay between the air flow
measurement and the injection of the calculated fuel mass, temporarily
lean A/F ratios can occur during transient driving conditions that can
cause engine hesitation, poor driveability and primarily an increase in
NOX emissions. However, by utilizing fuel and air mass
modeling, vehicles with adaptive transient fuel control are more
capable of maintaining accurate, precise fuel control under all
operating conditions. Virtually all cars will incorporate adaptive
transient fuel control software; motorcycles with computer controlled
fuel injection can also benefit from this technique at a relatively low
cost.
Three-way catalytic converters traditionally utilize rhodium and
platinum as the catalytic material to control the emissions of all
three major pollutants (hydrocarbons (HC), CO, NOX).
Although this type of catalyst is very effective at converting exhaust
pollutants, rhodium, which is primarily used to convert NOX,
tends to thermally deteriorate at temperatures significantly lower than
platinum. Recent advances in palladium and tri-metal (i.e., palladium-
platinum-rhodium) catalyst technology, however, have improved both the
light-off performance (light-off is defined as the catalyst bed
temperature where pollutant conversion reaches 50-percent efficiency)
and high temperature durability over previous catalysts. In addition,
other refinements to catalyst technology, such as higher cell density
substrates and adding a second layer of catalyst washcoat to the
substrate (dual-layered washcoats), have further improved catalyst
performance from just a few years ago.
Typical cell densities for conventional catalysts used in
motorcycles are less than 300 cells per square inch (cpsi). To meet the
Tier 2 standard, we expect manufacturers to use catalysts with cell
densities of 300 to 400 cpsi. If catalyst volume is maintained at the
same level (we assume volumes of up to 60 percent of engine
displacement), using a higher density catalyst effectively increases
the amount of surface area available for reacting with pollutants.
Catalyst manufacturers have been able to increase cell density by using
thinner walls between each cell without increasing thermal mass (and
detrimentally affecting catalyst light-off) or sacrificing durability
and performance.
In addition to increasing catalyst volume and cell density, we
believe that increased catalyst loading and improved catalyst washcoats
will help manufacturers meet the Tier 2 standard. In general, increased
precious metal loading (up to a certain point) will reduce exhaust
emissions because it increases the opportunities for pollutants to be
converted to harmless constituents. The extent to which precious metal
loading is increased will be dependent on the precious metals used and
other catalyst design parameters. We believe recent developments in
palladium/rhodium catalysts are very promising since rhodium is very
efficient at converting NOX, and catalyst suppliers have
been investigating methods to increase the amount of rhodium in
catalysts for improved NOX conversion.
Double layer technologies allow optimization of each individual
precious metal used in the washcoat. This technology can provide
reduction of undesired metal-metal or metal-base oxide interactions
while allowing desirable interactions. Industry studies have shown that
durability and pollutant conversion efficiencies are enhanced with
double layer washcoats. These recent improvements in catalysts can help
manufacturers meet the Tier 2 standard at reduced cost relative to
older three-way catalysts.
New washcoat formulations are now thermally stable up to 1050
deg.C. This is a significant improvement from conventional washcoats,
which are stable only up to about 900 deg.C. With the improvements in
light-off capability, catalysts may not need to be placed as close to
the engine as previously thought. However, if placement closer to the
engine is required for better emission performance, improved catalysts
based on the enhancements described above would be more capable of
surviving the higher temperature environment without deteriorating. The
improved resistance to thermal degradation will allow closer placement
to the engines where feasible, thereby providing more heat to the
catalyst and allowing them to become effective quickly.
It is well established that a warmed-up catalyst is very effective
at converting exhaust pollutants. Recent tests on advanced catalyst
systems in automobiles have shown that over 90 percent of emissions
during the Federal Test Procedure (FTP) are now emitted during the
first two minutes of testing after engine start up. Similarly, the
highest emissions from a motorcycle occur shortly after start up.
Although improvements in catalyst technology have helped reduce
catalyst light-off times, there are several methods to provide
additional heat to the catalyst. Retarding the ignition spark timing
and computer-controlled, secondary air injection have been shown to
increase the heat provided to the catalyst, thereby improving its cold-
start effectiveness.
In addition to using computer-controlled secondary air injection
and retarded spark timing to increase the heat provided to the
catalyst, some vehicles may employ warm-up, pre-catalysts to reduce the
size of their main catalytic converters. Palladium-only warm-up
catalysts (also known as ``pipe catalysts'' or ``Hot Tubes'') using
ceramic or metallic substrates may be added to further decrease warm-up
times and improve emission performance. Although metallic substrates
are usually more expensive than ceramic substrates, some manufacturers
and suppliers believe metallic substrates may require less precious
metal loading than ceramic substrates due to the reduced light-off
times they provide.
Improving insulation of the exhaust system is another method of
furnishing heat to the catalyst. Similar to close-coupled catalysts,
the principle behind insulating the exhaust system is to conserve the
heat generated in the engine for aiding catalyst warm-up. Through the
use of laminated thin-wall exhaust pipes, less heat will be lost in the
exhaust system, enabling quicker catalyst light-off. As an added
benefit, the use of insulated exhaust pipes will also reduce exhaust
noise. Increasing numbers of manufacturers are expected to utilize air-
gap exhaust manifolds (i.e., manifolds with metal inner and outer walls
and an insulating layer of air sandwiched between them) for further
heat conservation.
Besides the hardware modifications described above, motorcycle
manufacturers may borrow from other current automobile techniques.
These include using engine calibration changes such as a brief period
of substantial ignition retard, increased
[[Page 53089]]
cold idling speed, and leaner air-fuel mixtures to quickly provide heat
to a catalyst after cold-starts. Only software modifications are
required for an engine which already uses a computer to control the
fuel delivery and other engine systems. For these engines, calibration
modifications provide manufacturers with an inexpensive method to
quickly achieve light-off of catalytic converters. When combined with
pre-catalysts, computer-controlled secondary air injection, and the
other heat conservation techniques described above, engine calibration
techniques may be very effective at providing the required heat to the
catalyst for achieving the Tier 2 standard. These techniques are
currently in use on most low emission vehicle (LEV) automobiles and may
have applications in on-road motorcycles.
The nature of motorcycling makes riders particularly aware of the
many safety issues that confront them. Many riders that submitted
comments to us following the publication of the ANPRM in December of
2000 questioned whether catalytic converters could be implemented on
motorcycles without increasing the risk of harm to the rider and/or
passenger. The primary concern is regarding the close proximity of the
riders to hot exhaust pipes and the catalytic converter. Protecting the
rider from the excessive heat is a concern for both riders and
manufacturers. The current use of catalytic converters on a number of
motorcycles (accounting for tens of thousands of motorcycles in the
current U.S. fleet and over 15 million worldwide) already indicates
that these issues are not insurmountable on a variety of motorcycle
styles and engine sizes. Countries that have successfully implemented
catalyst-based emission control programs for motorcycles (some of which
have many years of experience) do not report any safety issues
associated with the use of catalytic converters on motorcycles under
real-world conditions.\45\ A number of approaches to shielding the
rider from the heat of the catalytic converter are possible, such as
exterior pipe covers, shielded foot rests, and similar components. Some
manufacturers have found that placing the converter on the underside of
the engine can keep it adequately distant from the rider. Others may
use double-pipe systems that reduce overall heat loss while remaining
cooler on the exterior. Based on the significant lead time proposed
that would be allowed for meeting these standards, as well as on the
two years of prior experience in California before meeting the
requirements federally, we believe that these issues can be
satisfactorily resolved for the proportion of motorcycles for which
catalytic converters would likely be used to meet the proposed
standards.
---------------------------------------------------------------------------
\45\ See written testimony of the Manufacturers of Emission
Controls Association on the Proposed Rulemaking on Control of
Emissions from Nonroad Large Spark-Ignited Engines and Recreational
Engines. Available in the public docket for review (Docket A-2000-
01; document IV-D-213).
---------------------------------------------------------------------------
We do not expect any of these possible changes to adversely affect
performance. Indeed, the transition to some of these technologies
(e.g., advanced fuel injection) would be expected to improve
performance, fuel economy, and reliability. A direct comparison of
several motorcycle models in the EPA certification database between the
``California'' model (where one is offered; it is the exception rather
than the rule that a manufacturer offers a separate engine system for
California) and the model sold in the rest of the U.S. reveals no
change in the performance characteristics in the database (e.g., rated
horsepower, torque). We request comment on the impact these anticipated
changes might have on performance-related factors.
VI. Projected Impacts
This section summarizes the projected impacts of the proposed
emission standards. The anticipated environmental benefits are compared
with the projected cost of the program for an assessment of the cost
per ton of reducing emissions for this proposal.
A. Environmental Impact
Diurnal evaporative emission factors from marine vessels were
developed using established equations for determining evaporative
emission factors as a function of ambient conditions and fuel tank
size. Permeation emissions were developed based on known material
permeation rates as a function of surface area and temperature. Other
inputs for these calculations were taken from the latest version of our
NONROAD model. Emission estimates for highway motorcycles were
developed using information on the emission levels of current
motorcycles and updated information on motorcycle use provided by the
motorcycle industry. A more detailed description of the methodology
used for projecting inventories and projections for additional years
can be found in the Chapter 6 of the Draft Regulatory Support Document.
We request comment on all aspects of the emission inventory analysis,
including the usage rates and other inputs used in the analysis.
Tables V.A-1 and V.A-2 contain the projected emission inventories
for the years 2010 and 2020, respectively, from the engines and
vehicles subject to this proposal. The inventories are presented for
the base case which assumes no change from current conditions (i.e.,
without the proposed standards taking effect) and assuming the proposed
standards take effect. The inventories for 2010 and 2020 include the
effect of growth. The percent reductions based on a comparison of
estimated emission inventories with and without the proposed emission
standards are also presented.
Table VI.A-1.--2010 Projected Emissions Inventories
[Thousand short tons]
----------------------------------------------------------------------------------------------------------------
NOX HC*
-----------------------------------------------------------------------------
Category With With
Base case proposed Percent Base case proposed Percent
standards reduction standards reduction
----------------------------------------------------------------------------------------------------------------
Marine SI Evap.................... 0 0 0 106 91 14
Highway motorcycles............... 11 10 9 46 41 11
-----------------------------------------------------------------------------
Total....................... 11 10 9 152 132 13
----------------------------------------------------------------------------------------------------------------
*Evaporative HC for marine SI; exhaust HC for highway motorcycles.
[[Page 53090]]
Table VI.A-2.--2020 Projected Emissions Inventories
[Thousand short tons]
----------------------------------------------------------------------------------------------------------------
NOX HC*
-----------------------------------------------------------------------------
Category With With
Base case proposed Percent Base case proposed Percent
standards reductions standards reduction
----------------------------------------------------------------------------------------------------------------
Marine SI Evap.................... 0 0 0 114 50 56
Highway motorcycles............... 14 7 50 58 29 50
-----------------------------------------------------------------------------
Total....................... 14 7 50 172 79 53
----------------------------------------------------------------------------------------------------------------
*Evaporative HC for marine SI; exhaust HC for highway motorcycles.
As described in Section II, there will also be environmental
benefits associated with reduced haze in many sensitive areas.
Finally, anticipated reductions in hydrocarbon emissions will
correspond with reduced emissions of the toxic air emissions referenced
in Section II. In 2020, the projected reduction in hydrocarbon
emissions should result in an equivalent percent reduction in air toxic
emissions.
B. Economic Impact
In assessing the economic impact of setting emission standards, we
have made a best estimate of the technologies and their associated
costs to meet the proposed standards. In making our estimates we have
relied on our own technology assessment, which includes information
supplied by individual manufacturers and our own in-house testing.
Estimated costs include variable costs (for hardware and assembly time)
and fixed costs (for research and development, retooling, and
certification). We projected that manufacturers will recover the fixed
costs over the first five years of production and used an amortization
rate of 7 percent in our analysis. The analysis also considers total
operating costs, including maintenance and fuel consumption. Cost
estimates based on the projected technologies represent an expected
change in the cost of engines as they begin to comply with new emission
standards. All costs are presented in 2001 dollars. Full details of our
cost analysis can be found in Chapter 5 of the Draft Regulatory Support
Document. We request comment on this cost information.
Cost estimates based on the current projected costs for our
estimated technology packages represent an expected incremental cost of
vehicles in the near term. For the longer term, we have identified
factors that would cause cost impacts to decrease over time. First, as
noted above, we project that manufacturers will spread their fixed
costs over the first five years of production. After the fifth year of
production, we project that the fixed costs would be retired and the
per unit costs would be reduced as a result.
For highway motorcycles above 50cc, the analysis also incorporates
the expectation that manufacturers and suppliers will apply ongoing
research and manufacturing innovation to making emission controls more
effective and less costly over time. Research in the costs of
manufacturing has consistently shown that as manufacturers gain
experience in production and use, they are able to apply innovations to
simplify machining and assembly operations, use lower cost materials,
and reduce the number or complexity of component parts.\46\ (see the
Draft Regulatory Support Document for additional information). The cost
analysis generally incorporates this learning effect by decreasing
estimated variable costs by 20 percent starting in the third year of
production and an additional 20 percent starting in the sixth year of
production. Long-term impacts on costs are expected to decrease as
manufacturers fully amortize their fixed costs and learn to optimize
their designs and production processes to meet the standards more
efficiently. The learning curve has not been applied to the marine
evaporative controls or the motorcycles under 50cc because we expect
manufacturers to use technologies that will be well established prior
to the start of the program. We request comment on the methodology used
to incorporate the learning curve into the analysis.
---------------------------------------------------------------------------
\46\ For further information on learning curves, see previous
final rules for Tier 2 highway vehicles (65 FR 6698, February 10,
2000), marine diesel engines (64 FR 73300, December 29, 1999),
nonroad diesel engines (63 FR 56968, October 23, 1998), and highway
diesel engines (62 FR 54694, October 21, 1997).
---------------------------------------------------------------------------
Evaporative emission controls for boats with marine SI engines have
an average projected cost of about $36 per boat. While manufacturers
may choose from a wide variety of technologies to meet emission
standards, we base these cost estimates on all boats using limited flow
orifices for diurnal emission control, fluorination for fuel tank
permeation control and low permeability barrier for fuel hose
permeation control. Under the proposed emission-credit program,
manufacturers would have the option of offering different technologies
to meet emission standards. Where there is a current demand for more
sophisticated fuel-tank technology, we would expect a greater cost
impact than from the lower-cost, high-production models. Emissions are
reduced by preventing evaporation of fuel, so these controls translate
directly into a fuel savings, which we have estimated to be about $27
per boat (net present value at the point of sale). Therefore, we get an
average cost of $9 per boat when the fuel savings are considered.
We project average costs of $26 per Class III highway motorcycle to
meet the Tier 1 standard and $35 to meet the Tier 2 standards. We
anticipate the manufacturers will meet the proposed emission standards
with several technology changes, including electronic fuel injection,
catalysts, pulse-air systems, and other general improvements to
engines. For motorcycles with engines of less than 50cc, we project
average costs of $44 per motorcycle to meet the proposed standards. We
anticipate the manufacturers of these small motorcycles (mostly
scooters) will meet the proposed emission standards by transitioning
any remaining two-stroke engines to four-strokes. The costs are based
on the conversion to 4-stroke because we believe this to be the most
likely technology path for the majority of scooters. Manufacturers
could also choose to employ advanced technology two-stroke (e.g.,
direct injection and/or catalysts) designs. The process of developing
clean technologies is very much underway already as a result of
regulatory actions in Europe and the rest of world where the primary
markets for
[[Page 53091]]
small motorcycles exist. Chapter 4 of the Draft Regulatory Support
Document describes these technologies further. Because several models
are already available with the anticipated long-term emission-control
technologies, we believe that manufacturers and consumers will be able
to bear the added cost associated with the new emission standards.
The above analysis presents unit cost estimates for each engine
type. These costs represent the total set of costs the engine
manufacturers will bear to comply with emission standards. With current
and projected estimates of engine and equipment sales, we translate
these costs into projected direct costs to the nation for the new
emission standards in any year. A summary of the annualized costs to
manufacturers by equipment type is presented in Table VI.B-1. (The
annualized costs are determined over the first twenty-years that the
proposed standards would be effective.) The annual cost savings for
marine vessels and highway motorcycles (50cc only) are due to reduced
fuel costs. The total fleetwide fuel savings start slowly, then
increase as greater numbers of compliant vessels or motorcycles (50cc
only) enter the fleet. Table VI.B-1 presents a summary of the
annualized reduced operating costs as well.
Table VI.B-1.--Estimated Annual Cost to Manufacturers and Annual Fuel
Savings Due to the Proposed Standards
[Millions/year]
------------------------------------------------------------------------
Annualized Annual
Category cost to fuel
manufacturers savings
------------------------------------------------------------------------
Marine SI Evap................................ $27.5 $15.6
Highway Motorcycles........................... 18.8 0.2
Aggregate*.................................... 42.0 13.3
------------------------------------------------------------------------
* Because of the different proposed implementation dates for the two
classes, the aggregate is based on a 22 year (rather than 20 year)
annualized cost. Therefore, the aggregate is not equal to the sum of
the costs for the two engine types.
C. Cost per Ton of Emissions Reduced
We calculated the cost per ton of emission reductions for the
proposed standards. For these calculations, we attributed the entire
cost of the proposed program to the control of ozone precursor
emissions (HC or NOX or both). Table VI.C-1 presents the
discounted cost-per-ton estimates for this proposal. Reduced operating
costs offsets a portion of the increased cost of producing the cleaner
marine vessels and highway motorcycles (50cc only).
Table VI.C-1.--Estimated Cost-per-Ton of the Proposed Emission Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discounted Discounted cost per ton
reductions -------------------------
Category Effective per engine Pollutants Without
date (short fuel With fuel
tons) savings savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
Marine SI:
Diurnal.................................... 2008 0.01 Evaporative HC...................................... $745 $382
Tank permeation............................ 0.02 523 160
Hose permeation............................ 0.04 367 4
Aggregate.................................. 0.07 478 115
Highway motorcycles >50cc...................... 2006 0.03 Exhaust HC+NOX...................................... 970 970
Highway motorcycles >50cc...................... 2010 0.03 Exhaust HC+NOX...................................... 1,230 1,230
Highway motorcycles >50cc...................... 2006 0.02 Exhaust HC.......................................... 2,130 1,750
--------------------------------------------------------------------------------------------------------------------------------------------------------
Because the primary purpose of cost-effectiveness is to compare our
program to alternative programs, we made a comparison between the cost
per ton values presented in this chapter and the cost-effectiveness of
other programs. Table VI.C-2 summarizes the cost effectiveness of
several recent EPA actions for controlled emissions from mobile
sources. Additional discussion of these comparisons is contained in the
Regulatory Impact Analysis.
Table VI.C-2--Cost-Effectiveness of Previously Implemented Mobile Source
Programs
[Costs adjusted to 2001 dollars]
------------------------------------------------------------------------
Program $/ton
------------------------------------------------------------------------
Tier 2 vehicle/gasoline sulfur.......................... 1,437-2,423
2007 Highway HD diesel.................................. 1,563-2,002
2004 Highway HD diesel.................................. 227-444
Off-highway diesel engine............................... 456-724
Tier 1 vehicle.......................................... 2,202-2,993
NLEV.................................................... 2,069
Marine SI engines....................................... 1,255-1,979
On-board diagnostics.................................... 2,480
Marine CI engines....................................... 26-189
------------------------------------------------------------------------
D. Additional Benefits
For the marine evaporative emission standards, we expect there will
be a fuel savings as manufacturers redesign their vessels to comply
with the proposed standards. This savings is the result of preventing
fuel from evaporating into the atmosphere. Overall, the fuel savings
associated with the anticipated changes in technology are estimated to
be about 31 million gallons per year once the program is fully phased
in.
For the motorcycle emission standards, we expect there will be a
fuel savings as manufacturers redesign their engines to comply with the
proposed standards. This savings is the result of converting
motorcycles 50cc from 2-stroke designs to more fuel efficient 4-stroke
designs. Overall, the fuel savings associated with the anticipated
changes in technology are estimated to be about 0.3 million gallons per
year once the program is fully phased in.
The controls in this rule are a highly cost-effective means of
obtaining reductions in HC and NOX emissions. A related
subject concerns the value of the health and welfare benefits these
reductions might produce. While we have not conducted a formal benefit-
cost analysis for this rule, we believe the benefits of this rule
clearly will greatly outweigh any cost.
[[Page 53092]]
Ozone causes a range of health problems related to breathing,
including chest pain, coughing, and shortness of breath Exposure to PM
(including secondary PM formed in the atmosphere from NOX
and NMHC emissions) is associated with premature death, increased
emergency room visits, and increased respiratory symptoms and disease
Children, the elderly, and individuals with pre-existing respiratory
conditions are most at risk regarding both ozone and PM. In addition,
ozone, NOX, and PM adversely affect the environment in
various ways, including crop damage, acid rain, and visibility
impairment.
In two recent mobile-source control rules, for light-duty vehicles
(the Tier 2/Gasoline Sulfur rule) and for highway heavy-duty engines
and diesel fuel, we conducted a full analysis of the expected benefits
once the rules were fully implemented. These rules, which primarily
reduced NOX and NMHC emissions, were seen to yield health
and welfare benefits far exceeding the costs. Besides reducing
premature mortality, there were large projected reductions in chronic
bronchitis cases, hospital admissions for respiratory and
cardiovascular causes, asthma attacks and other respiratory symptoms,
and a variety of other effects.
Given the similarities in pollutants being controlled, we would
expect this rule to produce substantial benefits compared to its cost.
VII. Public Participation
This rule was proposed under the authority of section 307(d) of the
Clean Air Act. We request comment on all aspects of this proposal. This
section describes how you can participate in this process.
A. How Do I Submit Comments?
We are opening a formal comment period by publishing this document.
We will accept comments for the period indicated under dates above. If
you have an interest in the program described in this document, we
encourage you to comment on any aspect of this rulemaking. We request
comment on various topics throughout this proposal.
We attempted to incorporate all the comments received in response
to the Advance Notice of Proposed Rulemaking, though not all comments
are addressed directly in this document. Anyone who has submitted
comments on the Advance Notice, or any previous publications related to
this proposal, and feels that those comments have not been adequately
addressed is encouraged to resubmit comments as appropriate.
Your comments will be most useful if you include appropriate and
detailed supporting rationale, data, and analysis. If you disagree with
parts of the proposed program, we encourage you to suggest and analyze
alternate approaches to meeting the air quality goals described in this
proposal. You should send all comments, except those containing
proprietary information, to our Air Docket (see Addresses) before the
end of the comment period.
If you submit proprietary information for our consideration, you
should clearly separate it from other comments by labeling it
``Confidential Business Information.'' You should also send it directly
to the contact person listed under for further information contact
instead of the public docket. This will help ensure that no one
inadvertently places proprietary information in the docket. If you want
us to use your confidential information as part of the basis for the
final rule, you should send a nonconfidential version of the document
summarizing the key data or information. We will disclose information
covered by a claim of confidentiality only through the application of
procedures described in 40 CFR part 2. If you don't identify
information as confidential when we receive it, we may make it
available to the public without notifying you.
B. Will There Be a Public Hearing?
We will hold a public hearing for issues related to highway
motorcycles on July 16 in Dulles, VA. We will hold a public hearing for
issues related to marine vessels on July 18 in Ann Arbor, MI. The
hearings will start at 9:30 a.m. and continue until testimony is
complete. See ADDRESSES above for location and phone information.
If you would like to present testimony at a public hearing, we ask
that you notify the contact person listed above at least ten days
before the hearing. You should estimate the time you need for your
presentation and identify any needed audio/visual equipment. We suggest
that you bring copies of your statement or other material for the EPA
panel and the audience. It would also be helpful if you send us a copy
of your statement or other materials before the hearing.
We will make a tentative schedule for the order of testimony based
on the notification we receive. This schedule will be available on the
morning of each hearing. In addition, we will reserve a block of time
for anyone else in the audience who wants to give testimony.
We will conduct the hearing informally, and technical rules of
evidence won't apply. We will arrange for a written transcript of the
hearing and keep the official record of the hearing open for 30 days to
allow you to submit supplementary information. You may make
arrangements for copies of the transcript directly with the court
reporter.
VII. Administrative Requirements
A. Administrative Designation and Regulatory Analysis (Executive Order
12866)
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of this Executive Order. The Executive Order
defines a ``significant regulatory action'' as any regulatory action
that is likely to result in a rule that may:
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;
Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs, or the rights and obligations of
recipients thereof; or
Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
A Draft Regulatory Support Document has been prepared and is
available in the docket for this rulemaking and at the internet address
listed under ADDRESSES above. Pursuant to the terms of Executive Order
12866, OMB has notified EPA that it considers this a ``significant
regulatory action'' within the meaning of the Executive Order. EPA has
submitted this action to OMB for review. Changes made in response to
OMB suggestions or recommendations will be documented in the public
record.
B. Regulatory Flexibility Act
1. Overview
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency
[[Page 53093]]
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this action on small
entities, small entity is defined as: (1) A small business that meet
the definition for business based on SBA size standards; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field. The following table provides an overview of the
primary SBA small business categories potentially affected by this
regulation.
Table VIII.B-1.--Primary SBA Small Business Categories Potentially Affected by This Proposed Regulation
----------------------------------------------------------------------------------------------------------------
Industry NAICS \1\ codes Defined by SBA as a small business If: \2\
----------------------------------------------------------------------------------------------------------------
Motorcycles and motorcycle parts manufacturers.... 336991 500 employees.
Independent Commercial Importers of Vehicles and 421110 100 employees.
parts.
Boat Building and Repairing....................... 336612 500 employees.
Fuel Tank Manufacturers........................... 336211 1000 employees.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.
\2\ According to SBA's regulations (13 CFR part 121), businesses with no more than the listed number of
employees or dollars in annual receipts are considered ``small entities'' for purposes of a regulatory
flexibility analysis.
2. Background
In accordance with Section 603 of the RFA, EPA prepared an initial
regulatory flexibility analysis (IRFA) that examines the impact of the
proposed rule on small entities along with regulatory alternatives that
could reduce that impact. In preparing this IRFA, we looked at both the
effect of this proposal and the October 5, 2001 proposal for other
nonroad categories (66 FR 51098). The IRFA is available for review in
the docket and is summarized below.
The process of establishing standards for nonroad engines began in
1991 with a study to determine whether emissions of carbon monoxide
(CO), oxides of nitrogen (NOX), and volatile organic
compounds (VOCs) from new and existing nonroad engines, equipment, and
vehicles are significant contributors to ozone and CO concentrations in
more than one area that has failed to attain the national ambient air
quality standards for ozone and CO.\47\ In 1994, EPA finalized its
finding that nonroad engines as a whole ``are significant contributors
to ozone or carbon monoxide concentrations'' in more than one ozone or
carbon monoxide nonattainment area.\48\
---------------------------------------------------------------------------
\47\ ``Nonroad Engine and Vehicle Emission Study--Report and
Appendices,'' EPA-21A-201, November 1991 (available in Air docket A-
91-24). It is also available through the National Technical
Information Service, referenced as document PB 92-126960.
\48\ 59 FR 31306 (July 17, 1994).
---------------------------------------------------------------------------
Upon this finding, the Clean Air Act (CAA or the Act) requires EPA
to establish standards for all classes or categories of new nonroad
engines that cause or contribute to air quality nonattainment in more
than one ozone or carbon monoxide (CO) nonattainment area. Since the
finding in 1994, EPA has been engaged in the process of establishing
programs to control emissions from nonroad engines used in many
different applications. Nonroad categories already regulated include:
Land-based compression ignition (CI) engines (e.g., farm
and construction equipment),
Small land-based spark-ignition (SI) engines (e.g., lawn
and garden equipment, string trimmers),
Marine engines (outboards, personal watercraft, CI
commercial, CI engines 37kW), and
Locomotive engines.
On December 7, 2000, EPA issued an Advance Notice of Proposed
Rulemaking (ANPRM) for the control of emissions from nonroad large SI
engines, recreational vehicles (marine and land-based), and highway
motorcycles. As discussed in the ANPRM, the proposal under development
will be a continuation of the process of establishing standards for
nonroad engines and vehicles, as required by CAA section 213(a)(3). If,
as expected, standards for these engines and vehicles are established,
essentially all new nonroad engines will be required to meet emissions
control requirements.
This proposal is the second part of an effort to control emissions
from nonroad engines that are currently unregulated and for updating
Federal emissions standards for highway motorcycles. The first part of
this effort was a proposal published on October 5, 2001 for emission
control from large spark-ignition engines such as those used in
forklifts and airport tugs; recreational vehicles using spark-ignition
engines such as off-highway motorcycles, all-terrain vehicles, and
snowmobiles; and recreational marine diesel engines.
EPA found that the nonroad engines described above cause or
contribute to air quality nonattainment in more than one ozone or
carbon monoxide (CO) nonattainment area.\49\ CAA section 213 (a)(3)
requires EPA to establish standards that achieve the greatest degree of
emissions reductions achievable taking cost and other factors into
account. EPA plans to propose emissions standards and related programs
consistent with the requirements of the Act.
---------------------------------------------------------------------------
\49\ See Final Finding, ``Control of Emissions from New Nonroad
Spark-Ignition Engines Rated above 19 Kilowatts and New Land-Based
Recreational Spark-Ignition Engines'' for EPA's finding for Large SI
engines and recreational vehicles (65 FR 76790, December 7, 2000).
EPA's findings for marine engines are contained in 61 FR 52088
(October 4, 1996) for gasoline engines and 64 FR 73299 (December 29,
1999) for diesel engines.
---------------------------------------------------------------------------
In addition to proposing standards for the nonroad vehicles and
engines noted above, this proposal reviews EPA requirements for highway
motorcycles. The emissions standards for highway motorcycles were
established twenty-three years ago. These standards allow motorcycles
to emit about 100 times as much per mile as new cars and light trucks.
California recently adopted new emissions standards for highway
motorcycles, and new standards and testing cycles are being considered
internationally. There may be opportunities to reduce emissions in a
cost-effective way.
The program under consideration will cover engines and vehicles
that vary in design and use, and many readers may only be interested in
one or two of the applications. There are various ways EPA could group
the engines and present information. For purposes of the proposed rule
EPA has chosen to group engines by common applications (e.g,
recreational land-based engines, marine
[[Page 53094]]
engines, large spark ignition engines used in commercial applications).
3. Summary of Regulated Small Entities
The small entities directly regulated by this proposed rule are the
following:
a. Highway Motorcycles. Of the numerous manufacturers supplying the
U.S. market for highway motorcycles, Honda, Harley Davidson, Yamaha,
Kawasaki, Suzuki, and BMW are the largest, accounting for 95 percent or
more of the total U.S. sales. All of these companies except Harley-
Davidson and BMW also manufacture off-road motorcycles and ATVs for the
U.S. market. Harley-Davidson is the only company manufacturing highway
motorcycles exclusively in the U.S. for the U.S. market.
Since highway motorcycles have had to meet emission standards for
the last twenty years, EPA has good information on the number of
companies that manufacture or market highway motorcycles for the U.S.
market in each model year. In addition to the big six manufacturers
noted above, EPA finds as many as several dozen more companies that
have operated in the U.S. market in the last couple of model years.
Most of these are U.S. companies that are either manufacturing or
importing motorcycles, although a few are U.S. affiliates of larger
companies in Europe or Asia. Some of the U.S. manufacturers employ only
a few people and produce only a handful of custom motorcycles per year,
while others may employ several hundred and produce up to several
thousand motorcycles per year.
The proposed emission standards impose no new development or
certification costs for any company producing compliant engines in
California. If fact, implementing the California standards with a two-
year delay also allows manufacturers to streamline their production to
further reduce the cost of compliance. The estimated hardware costs are
less than one percent of the cost of producing a highway motorcycle, so
none of these companies should have a compliance burden greater than
one percent of revenues. We expect that a small number of companies
affected by EPA emission standards will not already be certifying
products in California. For these companies, the modest effort
associated with applying established technology will add compliance
costs representing between 1 and 3 percent of revenues. The flexible
approach we are proposing to limit testing, reporting, and
recordkeeping burden prevent excessive costs for all these companies.
b. Marine Vessels. Marine vessels include the boat, engine, and
fuel system. The evaporative emission controls discussed above may
affect the boat builders and/or the fuel tank manufacturers. Exhaust
emission controls including NTE requirements, as addressed in the
August 29, 1999 SBAR Panel Report, would affect the engine
manufacturers and may affect boat builders.
EPA has less precise information about recreational boat builders
than is available about engine manufacturers. EPA has utilized several
sources, including trade associations and Internet sites when
identifying entities that build and/or sell recreational boats. EPA has
also worked with an independent contractor to assist in the
characterization of this segment of the industry. Finally, EPA has
obtained a list of nearly 1,700 boat builders known to the U.S. Coast
Guard to produce boats using engines for propulsion. At least 1,200 of
these companies install engines that use gasoline fueled engines and
would therefore be subject to the evaporative emission control program
discussed above. More than 90% of the companies identified so far would
be considered small businesses as defined by SBA. EPA continues to
develop a more complete picture of this segment of the industry and
will provide additional information as it becomes available.
Based on information supplied by a variety of recreational boat
builders, fuel tanks for boats using SI marine engines are usually
purchased from fuel tank manufacturers. However, some boat builders
construct their own fuel tanks. The boat builder provides the
specifications to the fuel tank manufacturer who helps match the fuel
tank for a particular application. It is the boat builder's
responsibility to install the fuel tank and connections into their
vessel design. For vessels designed to be used with small outboard
engines, the boat builder may not install a fuel tank; therefore, the
end user would use a portable fuel tank with a connection to the
engine.
EPA has determined that total sales of tanks for gasoline marine
applications is approximately 550,000 units per year. The market is
broken into manufacturers that produce plastic tanks and manufacturers
that produce aluminum tanks. EPA has determined that there are at least
seven companies that make plastic fuel tanks with total sales of
approximately 440,000 units per year. EPA has determined that there at
least four companies that make aluminum fuel tanks with total sales of
approximately 110,000 units per year. All but one of these plastic and
aluminum fuel tank manufacturers is a small business as defined under
SBA.
EPA has determined that there are at least 16 companies that
manufacture CI diesel engines for recreational vessels. Nearly 75
percent of diesel engines sales for recreational vessels in 2000 can be
attributed to three large companies. Six of the 16 identified companies
are considered small businesses as defined by SBA. Based on sales
estimates for 2000, these six companies represent approximately 4
percent of recreational marine diesel engine sales. The remaining
companies each comprise between two and seven percent of sales for
2000.
EPA has determined that there are at least 24 companies that
manufacture SD/I gasoline engines (including airboats and jet boats)
for recreational vessels. Seventeen of the identified companies are
considered small businesses as defined by SBA. These 17 companies
represent approximately 6 percent of recreational gasoline marine
engines sales for 2000. Approximately 70-80 percent of gasoline SD/I
engines manufactured in 2000 can be attributed to one company. The next
largest company is responsible for about 10-20 percent of 2000 sales.
For any boat builders that would certify to the proposed
requirements, the costs of compliance would be much less than one
percent of their revenues. Incremental costs of fuel tanks are dwarfed
by the capital and variable costs associated with manufacturing power
boats. Of the six known small businesses producing plastic fuel tanks
for gasoline-powered marine vessels, these companies would have costs
approaching 10 percent of revenues. While this is a large percentage,
it comes predominantly from increasing variable costs to upgrade the
fuel tanks. Capital expenses to upgrade to compliant products are
relatively small. Also, to the extent that tank manufacturers certify
their products, they will be increasing the value of their product for
their customers, who would otherwise need to assume certification
responsibilities. As a result, we believe that these companies will be
able to largely recover their compliance costs over time. The net cost
absorbed by tank manufacturers will be much less than one percent.
For this proposal as a whole, there are hundreds of small
businesses that will have total compliance costs less than 1 percent of
their annual revenues. We estimate that three companies will have
compliance costs between 1 and 3 percent of revenues and six companies
[[Page 53095]]
will have compliance costs exceeding 3 percent of revenues.
4. Potential Reporting, Recordkeeping, and Compliance
For any emission control program, EPA must have assurances that the
regulated engines will meet the standards. Historically, EPA programs
have included provisions placing manufacturers responsible for
providing these assurances. The program that EPA is considering for
manufacturers subject to this proposal may include testing, reporting,
and record keeping requirements. Testing requirements for some
manufacturers may include certification (including deterioration
testing), and production line testing. Reporting requirements would
likely include test data and technical data on the engines including
defect reporting. Manufacturers would likely have to keep records of
this information.
5. Related Federal Rules
The Panel is aware of several other current Federal rules that
relate to the proposed rule under development. During the Panel's
outreach meeting, SERs specifically pointed to Consumer Product Safety
Commission (CPSC) regulations covering ATVs, and noted that they may be
relevant to crafting an appropriate definition for a competition
exclusion in this category. The Panel recommends that EPA continue to
consult with the CPSC in developing a proposed and final rule in order
to better understand the scope of the Commission's regulations as they
may relate to the competition exclusion.
Other SERs, representing manufacturers of marine engines, noted
that the U.S. Coast Guard regulates vessel tanks, most notably tank
pressure and anti-siphoning requirements for carburetted engines. Tank
manufacturers would have to take these requirements into account in
designing evaporative control systems. The Panel recommends that EPA
continue to work with the Coast Guard to evaluate the safety
implications of any proposed evaporative emissions standards and to
avoid interference with Coast Guard safety regulations.
The Panel is also aware of other Federal rules that relate to the
categories that EPA would address with the proposed rule, but are not
likely to affect policy considerations in the rule development process.
For example, there are now EPA noise standards covering off-road
motorcycles; however, EPA expects that most emission control devices
are likely to reduce, rather than increase, noise, and that therefore
the noise standards are not likely to be important in developing a
proposed rule.
OTAQ is currently developing a proposal that would revise the rule
assigning fees to be paid by parties required to certify engines in
return for continuing Government oversight and testing. Among other
options, EPA could propose to extend the fee structure to several
classes of non-road engines for which requirements are being
established for the first time under the Recreation Rule. The Panel
understands that EPA will carefully examine the potential impacts of
the Fees Rule on small businesses. The Panel also notes that EPA's
Office of Air Quality, Planning, and Standards (OAQPS) is preparing a
Maximum Achievable Control Technology (MACT) standard for Engine
Testing Facilities, which is a related matter.
6. Significant Panel Findings
The Panel considered a wide range of options and regulatory
alternatives for providing small businesses with flexibility in
complying with the proposed emissions standards and related
requirements. As part of the process, the Panel requested and received
comment on several ideas for flexibility that were suggested by SERs
and Panel members. The major options recommended by the Panel are
summarized below. The complete set of recommendations can be found in
Section 9 of the Panel's full Report.
The panel recommendations for motorcycles described below were
developed for the exhaust emission standards. Potential controls for
permeation emissions from motorcycles were not part of the panel
process, because review of the need for such controls resulted from
comments received on the related recreational vehicles proposal and
further investigation by EPA following the end of the panel process.
However, EPA believes that the potential permeation emission controls
on motorcycles would not, if promulgated, have a significant effect on
the burdens of this rule on regulated entities, or on small entities in
particular, due to the relatively low cost and the availability of
materials and treatment support by outside vendors. Low permeation fuel
hoses are available from vendors today, and we would expect that
surface treatment for tanks would be applied through an outside
company. We request comment on the need for flexibilities for the
potential permeation standards, if they are adopted. If the comments or
other information the Agency receives indicate that flexibilities
similar to (or the same as) those for the motorcycle exhaust standards
are appropriate for the motorcycle permeation standards, then we will
adopt such flexibilities as part of our final rule if we adopt such
permeation standards.
Many of the flexible approaches recommended by the Panel can be
applied to either marine vessels or highway motorcycles. These
approaches are listed below:
1. Additional lead time for compliance.
2. Hardship provisions.
3. Certification flexibility.
4. Broadly defined product certification families.
5. Averaging, banking, and trading.
Based on consultations with SERs, the Panel believes that the first
two provisions listed above are likely to provide the greatest
flexibility for many small entities. These provisions are likely to be
most valuable because they either provide more time for compliance
(e.g., additional lead time and hardship provisions). The remaining
three approaches have the potential to reduce near-term and even long-
term costs once a small entity has a product it is preparing to
certify. These are important in that the reducing costs of testing
several emission families and/or developing deterioration factors.
Small businesses could also meet an emission standard on average or
generate credits for producing engines which emit at levels below the
standard; these credits could then be sold to other manufacturers for
compliance or banked for use in future model years.
During the consultation process, it became evident that, in a few
situations, it could be helpful to small entities if unique provisions
were available. Two such provisions are described below.
a. Marine Vessel Tanks. Most of this sector involves small fuel
tank manufacturers and small boat builders. The Panel recommends that
the program be structured with longer lead times and an early credit
generation program to enable the fuel tank manufacturers to implement
controls on tanks on a schedule consistent with their normal turnover
of fuel tank molds. Also, the panel recommends that the program allow
small businesses have the option of certifying to the evaporative
emission performance standards based on fuel tank design
characteristics designed to reduce emissions.
b. Highway Motorcycles. The California Air Resources Board (CARB)
has found that California's Tier 2 standard is potentially infeasible
for small manufacturers. Therefore, the Panel recommends that EPA delay
making decisions on the applicability to small businesses of Tier 2 or
other such
[[Page 53096]]
revisions to the federal regulations until California's 2006 review is
complete.
7. Summary of SBREFA Process and Panel Outreach
As required by section 609(b) of the RFA, as amended by SBREFA, EPA
also conducted outreach to small entities and convened a Small Business
Advocacy Review Panel to obtain advice and recommendations of
representatives of the small entities that potentially would be subject
to the rule's requirements.
On May 3, 2001, EPA's Small Business Advocacy Chairperson convened
this Panel under Section 609(b) of the Regulatory Flexibility Act (RFA)
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA). In addition to the Chair, the Panel consisted of the
Director of the Assessment and Standards Division (ASD) within EPA's
Office of Transportation and Air Quality, the Chief Counsel for
Advocacy of the Small Business Administration, and the Deputy
Administrator of the Office of Information and Regulatory Affairs
within the Office of Management and Budget. As part of the SBAR
process, the Panel met with small entity representatives (SERs) to
discuss the potential emission standards and, in addition to the oral
comments from SERs, the Panel solicited written input. In the months
preceding the Panel process, EPA conducted outreach with small entities
from each of the five sectors as described above. On May 18, 2001, the
Panel distributed an outreach package to the SERs. On May 30 and 31,
2001, the Panel met with SERs to hear their comments on preliminary
alternatives for regulatory flexibility and related information. The
Panel also received written comments from the SERs in response to the
discussions at this meeting and the outreach materials. The Panel asked
SERs to evaluate how they would be affected under a variety of
regulatory approaches, and to provide advice and recommendations
regarding early ideas for alternatives that would provide flexibility
to address their compliance burden.
SERs representing companies in each of the sectors addressed by the
Panel raised concerns about the potential costs of complying with the
rules under development. For the most part, their concerns were focused
on two issues: (1) The difficulty (and added cost) that they would face
in complying with certification requirements associated with the
standards EPA is developing, and (2) the cost of meeting the standards
themselves. SERs observed that these costs would include the
opportunity cost of deploying resources for research and development,
expenditures for tooling/retooling, and the added cost of new engine
designs or other parts that would need to be added to equipment in
order to meet EPA emission standards. In addition, in each category,
the SERs noted that small manufacturers (and in the case of one
category, small importers) have fewer resources and are therefore less
well equipped to undertake these new activities and expenditures.
Furthermore, because their product lines tend to be smaller, any
additional fixed costs must be recovered over a smaller number of
units. Thus, absent any provisions to address these issues, new
emission standards are likely to impose much more significant adverse
effects on small entities than on their larger competitors.
The Panel discussed each of the issues raised in the outreach
meetings and in written comments by the SERs. The Panel agreed that EPA
should consider the issues raised by the SERs and that it would be
appropriate for EPA to propose and/or request comment on various
alternative approaches to address these concerns. The Panel's key
discussions centered around the need for and most appropriate types of
regulatory compliance alternatives for small businesses. The Panel
considered a variety of provisions to reduce the burden of complying
with new emission standards and related requirements. Some of these
provisions would apply to all companies (e.g., averaging, banking, and
trading), while others would be targeted at the unique circumstances
faced by small businesses. A complete discussion of the regulatory
alternatives recommended by the Panel can be found in the Final Panel
Report. Copies of the Final Report can be found in the docket for this
rulemaking or at http://www.epa.gov/sbrefa. Summaries of the Panel's
recommended alternatives for each of the sectors subject to this action
can be found in the respective sections of the preamble.
As required by section 609(b) of the RFA, as amended by SBREFA, EPA
also conducted outreach to small entities and convened a Small Business
Advocacy Review Panel to obtain advice and recommendations of
representatives of the small entities that potentially would be subject
to the rule's requirements. EPA's Small Business Advocacy Chairperson
convened this on May 3, 2001. In addition to the Chair, the Panel
consisted of the Director of the Assessment and Standards Division
(ASD) within EPA's Office of Transportation and Air Quality, the Chief
Counsel for Advocacy of the Small Business Administration, and the
Deputy Administrator of the Office of Information and Regulatory
Affairs within the Office of Management and Budget.
The proposal being developed includes marine sterndrive and inboard
(SD/I) engines and boats powered by SI marine engines. In addition, EPA
also intends to update EPA requirements for highway motorcycles.
Finally, the proposal being developed included evaporative emission
control requirements for gasoline fuel tanks and systems used on marine
vessels.
The Panel met with Small Entity Representatives (SERs) to discuss
the potential emissions standards and, in addition to the oral comments
from SERs, the Panel solicited written input. In the months preceding
the Panel process, EPA conducted outreach with small entities from each
of the five sectors as described above. On May 18, 2001, the Panel
distributed an outreach package to the SERs. On May 30 and 31, 2001,
the Panel met with SERs to hear their comments on preliminary options
for regulatory flexibility and related information. The Panel also
received written comments from the SERs in response to the discussions
at this meeting and the outreach materials. The Panel asked SERs to
evaluate how they would be affected under a variety of regulatory
approaches, and to provide advice and recommendations regarding early
ideas to provide flexibility. See Section 8 of the Panel Report for a
complete discussion of SER comments, and Appendices A and B for
summaries of SER oral comments and SER written comments.
Consistent with the RFA/SBREFA requirements, the Panel evaluated
the assembled materials and small-entity comments on issues related to
the elements of the IRFA. A copy of the Panel report is included in the
docket for this proposed rule. The following are Panel recommendations
adopted by the Agency. Please note all Panel recommendations were
adopted for this proposal.
a. Related Federal Rules. The Panel recommends that EPA continue to
consult with the CPSC in developing a proposed and final rule in order
to better understand the scope of the Commission's regulations as they
may relate to the competition exclusion. In addition, the Panel
recommends that EPA continue to work with the Coast Guard to evaluate
the safety implications of any proposed evaporative emissions standards
and to avoid interference with Coast Guard safety regulations.
[[Page 53097]]
b. Regulatory Flexibility Alternatives. The Panel recommends that
EPA consider and seek comments on a wide range of alternatives,
including the flexibility options described below.
(i) Marine Vessels.
(A) Smooth Transition to Proposed Standards.
The Panel recommends that EPA propose an approach that would
implement any evaporative standards five years after a regulation for
marine engines takes effect. The Panel also recommends that EPA seek
comment on this five year period and on whether there are small
entities whose product line is dominated by tanks that turn over at a
time rate slower time than five years.
(B) Design-Based Certification.
The Panel recommends that EPA propose to grant small businesses the
option of certifying to the evaporative emission performance
requirements based on fuel tank design characteristics that reduce
emissions. The Panel also recommends that EPA seek comment on and
consider proposing an approach that would allow manufacturers to use
this averaging approach with designs other than those listed in the
final rule.
(C) ABT of Emission Credits with Design-Based Certification.
The Panel recommends that EPA allow manufacturers using design-
based certification to generate credits. The Panel also recommends that
EPA provide adequately detailed design specifications and associated
emission levels for several technology options that could be used to
certify.
(D) Broadly Defined Product Certification Families.
The Panel recommends that EPA take comment on the need for broadly
defined emission families and how these families should be defined.
(E) Hardship Provisions.
The Panel recommends that EPA propose two types of hardship
programs for marine engine manufacturers, boat builders and fuel tank
manufacturers: (1) Allow small businesses to petition EPA for
additional lead time to comply with the standards; and (2) allow small
businesses to apply for hardship relief if circumstances outside their
control cause the failure to comply (i.e. supply contract broken by
parts supplier) and if the failure to sell the subject fuel tanks or
boats would have a major impact on the company's solvency. The Panel
also recommends that EPA work with small manufacturers to develop these
criteria and how they would be used.
(ii) Highway Motorcycles.
The Panel recommends that EPA include the flexibilities described
below for small entities with highway motorcycle annual sales of less
than 3,000 units per model year (combined Class I, II, and III
motorcycles) and fewer than 500 employees.
(A) Delay of Proposed Standards.
The Panel recommends that EPA propose to delay compliance with the
Tier 1 standard of 1.4 g/km HC+NOX until the 2008 model year
for small volume manufacturers. The Panel also recommends that EPA seek
comment on whether additional time is needed for small businesses to
comply with the Federal program. The Panel recommends that EPA
participate with CARB in the 2006 progress review as these provisions
are revisited, and delay making decisions on the applicability to small
businesses of Tier 2 or other revisions to the federal regulations that
are appropriate following the review. The Panel also recommends that
any potential Tier 2 requirements for small manufacturer motorcycles
consider potential test procedure changes arising from the ongoing
World Motorcycle Test Cycle work described in the Panel Report.
(B) Broader Engine Families.
The Panel recommends that EPA keep the current existing regulations
for small volume highway motorcycle manufacturers.
(C) Exemption from Production Line Testing.
The Panel recommends that EPA keep the current provisions for no
mandatory production line testing requirement for highway motorcycles
and allow the EPA to request production vehicles from any certifying
manufacturer for testing.
(D) Averaging, Banking, and Trading (ABT).
The Panel recommends that EPA propose an ABT program for highway
motorcycles.
(E) Hardship Provisions.
The Panel recommends that EPA propose two types of hardship
programs for highway motorcycles: (1) Allow small businesses to
petition EPA for additional lead time to comply with the standards; and
(2) allow small businesses to apply for hardship relief if
circumstances outside their control cause the failure to comply (i.e.
supply contract broken by parts supplier) and if failure to sell the
subject engines or vehicles would have a major impact on the company's
solvency. The Panel also recommends that EPA request comment on the
California requirements, which do not include hardship provisions.
(F) Reduced Certification Data Submittal and Testing Requirements.
The Panel recommends that EPA keep current EPA regulations allow
significant flexibility for certification by manufacturers who project
fewer than 10,000 unit sales of combined Class I, II, and III
motorcycles.
We invite comments on all aspects of the proposal and its impacts
on small entities.
C. Paperwork Reduction Act
The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Information Collection Requests (ICR No. 1897.03 for marine vessels and
0783.43 for highway motorcycles) have been prepared by EPA, and a copy
may be obtained from Susan Auby, Collection Strategies Division; U.S.
Environmental Protection Agency (2822); 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, by e-mail at [email protected], or by
calling (202) 566-1672. A copy may also be downloaded off the internet
at http://www.epa.gov.icr.
The information being collected is to be used by EPA to ensure that
new marine vessels and fuel systems and new highway motorcycles comply
with applicable emissions standards through certification requirements
and various subsequent compliance provisions.
For marine vessels, the annual public reporting and recordkeeping
burden for this collection of information is estimated to average 6
hours per response, with collection required annually. The estimated
number of respondents is 810. The total annual cost for the first 3
years of the program is estimated to be $230,438 year and includes no
annualized capital costs, $14,000 in operating and maintenance costs,
at a total of 4,838 hours per year.
For highway motorcycles, the annual public reporting and
recordkeeping burden for this collection of information is estimated to
average 228 hours per response, with collection required annually. The
estimated number of respondents is 73. The total annual cost for the
first 3 years of the program is estimated to be $3,430,908 per year and
includes no annualized capital costs, $2,728,000 in operating and
maintenance costs, at a total of 16,647 hours per year.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, disclose, or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjusting the
[[Page 53098]]
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are displayed in 40 CFR part 9 and 48 CFR chapter 15.
Comments are requested on the Agency's need for this information,
the accuracy of the provided burden estimates, and any suggested
methods for minimizing respondent burden, including through the use of
automated collection techniques. Send comments on the ICR to the
Director, Collection Strategies Division; U.S. Environmental Protection
Agency (2822); 1200 Pennsylvania Ave., NW., Washington, DC 20460; and
to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th St., NW., Washington, DC 20503, marked
``Attention: Desk Officer for EPA.'' Include the ICR number in any
correspondence. Since OMB is required to make a decision concerning the
ICR between 30 and 60 days after August 14, 2002, a comment to OMB is
best ensured of having its full effect if OMB receives it by September
13, 2002. The final rule will respond to any OMB or public comments on
the information collection requirements contained in this proposal.
D. Intergovernmental Relations
1. 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.
This rule contains no Federal mandates for state, local, or tribal
governments as defined by the provisions of Title II of the UMRA. The
rule imposes no enforceable duties on any of these governmental
entities. Nothing in the rule would significantly or uniquely affect
small governments.
EPA has determined that this rule contains federal mandates that
may result in expenditures of less than $100 million to the private
sector in any single year. EPA believes that the proposal represents
the least costly, most cost-effective approach to achieve the air
quality goals of the rule. The costs and benefits associated with the
proposal are discussed in Section VI and in the Draft Regulatory
Support Document.
2. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This proposed rule does not have tribal implications. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This rule contains no federal mandates for tribal governments. Thus,
Executive Order 13175 does not apply to this rule. However, in the
spirit of Executive Order 13175, and consistent with EPA policy to
promote communications between EPA and tribal governments, we
specifically solicit additional comment on this proposed rule from
tribal officials.
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, Sec. 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 rule involves technical standards. The following
paragraphs describe how we specify testing procedures for engines
subject to this proposal.
We are proposing to test highway motorcycles with the Federal Test
Procedure, a chassis-based transient test. There is no voluntary
consensus standard that would adequately address engine or vehicle
operation for suitable emission measurement.
For marine vessels, we are proposing to use an evaporative emission
test procedure based on the highway Federal Test Procedure. There is no
voluntary consensus standard for testing evaporative emission from
marine vessels. In addition, we are proposing the option of using
design-based certification.
F. Protection of Children (Executive Order 13045)
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that
[[Page 53099]]
(1) is determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria,
Section 5-501 of the Order directs the Agency to 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 rule is not subject to the Executive Order because it
does not involve decisions on environmental health or safety risks that
may disproportionately affect children.
The effects of ozone and PM on children's health were addressed in
detail in EPA's rulemaking to establish the NAAQS for these pollutants,
and EPA is not revisiting those issues here. EPA believes, however,
that the emission reductions from the strategies proposed in this
rulemaking will further reduce air toxics and the related adverse
impacts on children's health.
G. Federalism (Executive Order 13132)
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law, unless
the Agency consults with State and local officials early in the process
of developing the proposed regulation.
Section 4 of the Executive Order contains additional requirements
for rules that preempt State or local law, even if those rules do not
have federalism implications (i.e., the rules will not have substantial
direct effects on the States, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government). Those
requirements include providing all affected State and local officials
notice and an opportunity for appropriate participation in the
development of the regulation. If the preemption is not based on
express or implied statutory authority, EPA also must consult, to the
extent practicable, with appropriate State and local officials
regarding the conflict between State law and Federally protected
interests within the agency's area of regulatory responsibility.
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132.
Although Section 6 of Executive Order 13132 does not apply to this
rule, EPA did consult with representatives of various State and local
governments in developing this rule. EPA has also consulted
representatives from STAPPA/ALAPCO, which represents state and local
air pollution officials.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.
H. Energy Effects (Executive Order 13211)
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution or use of energy. The proposed
standards have for their aim the reduction of emission from certain
nonroad engines, and have no effect on fuel formulation, distribution,
or use. Generally, the proposed program leads to reduced fuel usage due
to the reduction of wasted fuel through evaporation.
I. Plain Language
This document follows the guidelines of the June 1, 1998 Executive
Memorandum on Plain Language in Government Writing. To read the text of
the regulations, it is also important to understand the organization of
the Code of Federal Regulations (CFR). The CFR uses the following
organizational names and conventions.
Title 40--Protection of the Environment
Chapter I--Environmental Protection Agency
Subchapter C--Air Programs. This contains parts 50 to 99, where the
Office of Air and Radiation has usually placed emission standards for
motor vehicle and nonroad engines.
Subchapter U--Air Programs Supplement. This contains parts 1000 to
1299, where we intend to place regulations for air programs in future
rulemakings.
Part 1045--Control of Emissions from Marine Spark-ignition Engines and
Vessels
Part 1068--General Compliance Provisions for Engine Programs.
Provisions of this part apply to everyone.
Each part in the CFR has several subparts, sections, and
paragraphs. The following illustration shows how these fit together.
Part 1045
Subpart A
Section 1045.1
(a)
(b)
(1)
(2)
(i)
(ii)
(A)
(B)
A cross reference to Sec. 1045.1(b) in this illustration would
refer to the parent paragraph (b) and all its subordinate paragraphs. A
reference to ``Sec. 1045.1(b) introductory text'' would refer only to
the single, parent paragraph (b).
List of Subjects
40 CFR Part 86
Environmental protection, Administrative practice and procedure,
Confidential business information, Labeling, Motor vehicle pollution,
Reporting and recordkeeping requirements
40 CFR Part 90
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Reporting and recordkeeping requirements, Research,
Warranties
40 CFR Part 1045
Environmental protection, Administrative practice and procedure,
[[Page 53100]]
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Reporting and recordkeeping requirements,
Research, Warranties
40 CFR Part 1051
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Reporting and recordkeeping requirements,
Warranties.
40 CFR Part 1068
Environmental protection, Administrative practice and procedure,
Confidential business information, Imports, Motor vehicle pollution,
Reporting and recordkeeping requirements, Warranties.
Dated: July 25, 2002.
Christine Todd Whitman,
Administrator.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as set forth
below:
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES
1. The authority citation for part 86 continues to read as follows:
Authority: 42 U.S.C. 7401-7521(l) and 7521(m)-7671q.
Subpart E--[Amended]
2. A new Sec. 86.401-2006 is added to subpart E to read as follows:
Sec. 86.401-2006 General applicability.
This subpart applies to 1978 and later model year, new, gasoline-
fueled motorcycles built after December 31, 1977, and to 1990 and later
model year, new methanol-fueled motorcycles built after December 31,
1989, and to 1997 and later model year, new natural gas-fueled and
liquefied petroleum gas-fueled motorcycles built after December 31,
1996, and to 2006 and later model year new motorcycles, regardless of
fuel.
3. Section 86.402-78(a) is amended by adding a definition for
``Motor vehicle'' in alphabetical order to read as follows:
Sec. 86.402-78 Definitions.
(a) * * *
Motor vehicle has the meaning we give in 40 CFR 85.1703.
* * * * *
4. A new Sec. 86.410-2006 is added to subpart E to read as follows:
Sec. 86.410-2006 Emission standards for 2006 and later model year
motorcycles.
(a)(1) Exhaust emissions from Class I and Class II motorcycles
shall not exceed the standards listed in the following table:
Table E.--2006.1 Class I and II Motorcycle Emission Standards
------------------------------------------------------------------------
Emission standards
(g/km)
Model year ---------------------
HC CO
------------------------------------------------------------------------
2006 and later.................................... 1.0 12.0
------------------------------------------------------------------------
(2) Exhaust emissions from Class III motorcycles shall not exceed
the standards listed in the following table:
Table E.--2006.2 Class III Motorcycle Emission Standards
------------------------------------------------------------------------
Emission standards
(g/km)
Tier Model year ---------------------
HC+NOX CO
------------------------------------------------------------------------
1.................... 2006-2009.................. 1.4 12.0
2.................... 2010 and later............. 0.8 12.0
------------------------------------------------------------------------
(b) The standards set forth in paragraphs (a) (1) and (2) of this
section refer to the exhaust emitted over the driving schedule as set
forth in subpart F and measured and calculated in accordance with those
procedures.
(c) Compliance with the HC+NOX standards set forth in
paragraph (a)(2) of this section may be demonstrated using the
averaging provisions of Sec. 86.449.
(d) No crankcase emissions shall be discharged into the ambient
atmosphere from any new motorcycle subject to this subpart.
(e) Manufacturers with fewer than 500 employees and producing fewer
than 3000 motorcycles per year are considered small-volume
manufacturers for the purposes of this section. The following
provisions apply for these small-volume manufacturers:
(1) Small-volume manufacturers are not required to comply with the
Tier 1 standards until model year 2008.
(2) Small-volume manufacturers are not required to comply with the
Tier 2 standards.
5. A new Sec. 86.419-2006 is added to subpart E to read as follows:
Sec. 86.419-2006 Engine displacement, motorcycle classes.
(a)(1) Engine displacement shall be calculated using nominal engine
values and rounded to the nearest whole cubic centimeter, in accordance
with ASTM E 29-67 (incorporated by reference in Sec. 86.1).
(2) For rotary engines, displacement means the maximum volume of a
combustion chamber between two rotor tip seals, minus the minimum
volume of the combustion chamber between those two rotor tip seals,
times three times the number of rotors, according to the following
formula:
cc = (max. chamber volume - min. chamber volume) x 3 x no. of
rotors
(b) Motorcycles will be divided into classes based on engine
displacement.
(1) Class I--0 to 169 cc (0 to 10.4 cu. in.).
(2) Class II--170 to 279 cc (10.4 to 17.1 cu. in.).
(3) Class III--280 cc and over (17.1 cu. in. and over).
(c) At the manufacturer's option, a vehicle described in an
application for certification may be placed in a higher class (larger
displacement). All procedures for the higher class must then be
complied with, compliance withemission standards will be determined on
the basis of engine displacement.
6. A new Sec. 86.445-2006 is added to subpart E to read as follows:
Sec. 86.445-2006 What temporary provisions address hardship due to
unusual circumstances?
(a) After considering the circumstances, we may permit you to
introduce into commerce highway motorcycles that do not comply with
emission standards if all the following conditions and requirements
apply:
(1) Unusual circumstances that are clearly outside your control and
that could not have been avoided with reasonable discretion prevent you
from meeting requirements from this chapter.
(2) You exercised prudent planning and were not able to avoid the
violation; you have taken all reasonable steps to minimize the extent
of the nonconformity.
(3) Not having the exemption will jeopardize the solvency of your
company.
(4) No other allowances are available under the regulations to
avoid the impending violation.
(b) To apply for an exemption, you must send the Designated Officer
a written request as soon as possible before you are in violation. In
your request, show that you meet all the conditions and requirements in
paragraph (a) of this section.
(c) Include in your request a plan showing how you will meet all
the applicable requirements as quickly as possible.
(d) You must give us other relevant information if we ask for it.
(e) We may include reasonable additional conditions on an approval
granted under this section, including provisions to recover or
otherwise address the lost environmental benefit or
[[Page 53101]]
paying fees to offset any economic gain resulting from the exemption.
For example, we may require that you meet standards less stringent than
those that currently apply.
7. A new Sec. 86.446-2006 is added to subpart E to read as follows:
Sec. 86.446-2006 What are the provisions for extending compliance
deadlines for small-volume manufacturers under hardship?
(a) After considering the circumstances, we may extend the
compliance deadline for you to meet new or revised emission standards,
as long as you meet all the conditions and requirements in this
section.
(b) To be eligible for this exemption, you must qualify as a small-
volume manufacturer under Sec. 86.410-2006(e).
(c) To apply for an extension, you must send the Designated Officer
a written request. In your request, show that all the following
conditionsand requirements apply:
(1) You have taken all possible business, technical, and economic
steps to comply.
(i) In the case of importers, show that you are unable to find a
manufacturer capable of supplying complying products.
(ii) For all other manufacturers, show that the burden of
compliance costs prevents you from meeting the requirements of this
chapter.
(2) Not having the exemption will jeopardize the solvency of your
company.
(3) No other allowances are available under the regulations to
avoidthe impending violation.
(d) In describing the steps you have taken to comply under
paragraph (c)(1) of this section, include at least the following
information:
(1) Describe your business plan, showing the range of projects
active or under consideration.
(2) Describe your current and projected financial standing, with
and without the burden of complying with regulations.
(3) Describe your efforts to raise capital to comply with
regulations.
(4) Identify the engineering and technical steps you have taken or
planto take to comply with regulations.
(5) Identify the level of compliance you can achieve. For example,
you may be able to produce engines that meet a somewhat less stringent
emission standard than the regulations require.
(e) Include in your request a plan showing how you will meet all
the applicable requirements as quickly as possible.
(f) You must give us other relevant information if we ask for it.
(g) An authorized representative of your company must sign the
request andinclude the statement: ``All the information in this request
is true andaccurate, to the best of my knowledge.''
(h) Send your request for this extension at least nine months
before new standards apply. Do not send your request before the
regulations in question apply to other manufacturers.
(i) We may include reasonable requirements on an approval granted
underthis section, including provisions to recover or otherwise address
the lostenvironmental benefit. For example, we may require that you
meet a less stringent emission standard or buy and use available
emission credits.
(j) We will approve extensions of up to one year. We may review and
revisean extension as reasonable under the circumstances.
8. A new Sec. 86.447-2006 is added to subpart E to read as follows:
Sec. 86.447-2006 What are the provisions for exempting motorcycles
under 50 cc from the requirements of this part if they use engines you
certify under other programs?
(a) This section applies to you if you manufacture engines under 50
cc for installation in a highway motorcycle. See Sec. 86.448-2006 if
you are not the engine manufacturer.
(b) The only requirements or prohibitions from this part that apply
to a motorcycle that is exempt under this section are in this section
and Sec. 86.448-2006.
(c) If you meet all the following criteria regarding your new
engine, itis exempt under this section:
(1) You must produce it under a valid certificate of conformity for
one of the following types of engines or vehicles:
(i) Class II engines under 40 CFR part 90.
(ii) Recreational vehicles under 40 CFR part 1051.
(2) You must not make any changes to the certified engine that we
could reasonably expect to increase its exhaust emissions. For example,
if you make any of the following changes to one of these engines, you
do not qualify for this exemption:
(i) Change any fuel system parameters from the certified
configuration.
(ii) Change any other emission-related components.
(iii) Modify or design the engine cooling system so that
temperatures or heat rejection rates are outside the original engine's
specified ranges.
(3) You must make sure the engine has the emission label we require
under 40 CFR part 90 or part 1051.
(4) You must make sure that fewer than 50 percent of the engine
model'stotal sales, from all companies, are used in highway
motorcycles.
(d) If you produce only the engine, give motorcycle manufacturers
anynecessary instructions regarding what they may or may not change
under paragraph (c)(2) of this section.
(e) If you produce both the engine and motorcycle under this
exemption, you must do all of the following to keep the exemption
valid:
(1) Make sure the original emission label is intact.
(2) Add a permanent supplemental label to the engine in a position
where it will remain clearly visible after installation in the vehicle.
In your engine's emission label, do the following:
(i) Include the heading: ``Highway Motorcycle Emission
ControlInformation''.
(ii) Include your full corporate name and trademark.
(iii) State: ``THIS ENGINE WAS ADAPTED FOR HIGHWAY USE WITHOUT
AFFECTING ITS EMISSION CONTROLS.''.
(iv) State the date you finished installation (month and year).
(3) Send the Designated Officer a signed letter by the end of each
calendar year (or less often if we tell you) with all the following
information:
(i) Identify your full corporate name, address, and telephone
number.
(ii) List the models you expect to produce under this exemption in
the coming year.
(iii) State: ``We produce each listed model as a highway motorcycle
without making any changes that could increase its certified emission
levels, as described in 40 CFR 86.447.''.
(f) If your vehicles do not meet the criteria listed in paragraph
(c) of this section, they will be subject to the standards and
prohibitions of this part. Producing these vehicles without a valid
exemption or certificate of conformity would violate the prohibitions
in Clean Air Act section 203 (42 U.S.C. 7522).
(g) If we request it, you must send us emission test data on the
duty cycle for Class I motorcycles. You may include the data in your
application for certification or in your letter requesting the
exemption.
(h) Vehicles exempted under this section are subject to all the
requirements affecting engines and vehicles under 40 CFR part 90 or
part 1051, as applicable. The requirements and restrictions of 40 CFR
part 90 or 1051 apply to anyone manufacturing these engines, anyone
manufacturing vehicles that use these engines, and all other persons in
the same manner as if
[[Page 53102]]
these engines were used in a nonroad application.
9. A new Sec. 86.448-2006 is added to subpart E to read as follows:
Sec. 86.448-2006 What are the provisions for producing motorcycles
under 50 cc with engines already certified under other programs?
(a) You may produce a highway motorcycle under 50 cc using a
nonroad engine if you meet three criteria:
(1) The engine or vehicle is certified to 40 CFR part 90 or part
1051.
(2) The engine is not adjusted outside the manufacturer's
specifications, as described in Sec. 86.447-2006(c)(2) and (d).
(3) The engine or vehicle is not modified in any way that may
affect its emission control.
(b) This section does not apply if you manufacture the engine
yourself; see Sec. 86.447-2006.
10. A new Sec. 86.449 is added to subpart E to read as follows:
Sec. 86.449 Averaging provisions.
(a) Compliance with the HC+NOX standards set forth in
Sec. 86.410-2006(a)(2) may be demonstrated using the averaging
provisions of this section. To do this you must show that your average
emission levels are at or below the applicable standards in
Sec. 86.410-2006. Family emission limits (FELs) may not exceed 5.0 g/
km.
(b) Do not include any exported vehicles in the certification
averaging program. Include only motorcycles certified under this
subpart.
(c) To use the averaging program, do the following things:
(1) Certify each vehicle to a family emission limit.
(2) Calculate a preliminary average emission level according to
paragraph (d) of this section using projected production volumes for
your application for certification.
(3) After the end of your model year, calculate a final average
emission level according to paragraph (d) of this section for each type
of recreational vehicle or engine you manufacture or import. Use actual
production volumes.
(d) Calculate your average emission level for each type of
recreational vehicle or engine for each model year according to the
following equation and round it to the nearest tenth of a g/km. Use
consistent units throughout the calculation.
(1) Calculate the average emission level as:
[GRAPHIC] [TIFF OMITTED] TP14AU02.000
Where:
FELi = The FEL to which the engine family is certified.
ULi = The useful life of the engine family.
Productioni = The number of vehicles in the engine family.
(2) Use production projections for initial certification, and
actual production volumes to determine compliance at the end of the
model year.
(e)(1) Maintain and keep five types of properly organized and
indexed records for each group and for each emission family:
(i) Model year and EPA emission family.
(ii) FEL.
(iii) Useful life.
(iv) Projected production volume for the model year.
(v) Actual production volume for the model year.
(2) Keep paper records of this information for three years from the
due date for the end-of-year report. You may use any additional storage
formats or media if you like.
(3) Follow paragraphs (f) through (i) of this section to send us
the information you must keep.
(4) We may ask you to keep or send other information necessary to
implement this subpart.
(f) Include the following information in your applications for
certification:
(1) A statement that, to the best of your belief, you will not have
a negative credit balance for any type of recreational vehicle or
engine when all credits are calculated. This means that if you believe
that your average emission level will be above the standard (i.e., that
you will have a deficit for the model year), you must have banked
credits pursuant to paragraph (j) of this section to offset the
deficit.
(2) Detailed calculations of projected emission credits (zero,
positive, or negative) based on production projections. If you project
a credit deficit, state the source of credits needed to offset the
credit deficit.
(g) At the end of each model year, send an end-of-year report.
(1) Make sure your report includes three things:
(i) Calculate in detail your average emission level and any
emission credits based on actual production volumes.
(ii) If your average emission level is above the allowable average
standard, state the source of credits needed to offset the credit
deficit.
(2) Base your production volumes on the point of first retail sale.
This point is called the final product-purchase location.
(3) Send end-of-year reports to the Designated Officer within 120
days of the end of the model year. If you send reports later, you are
violating the Clean Air Act.
(4) If you generate credits for banking pursuant to paragraph (j)
of this section and you do not send your end-of-year reports within 120
days after the end of the model year, you may not use or trade the
credits until we receive and review your reports. You may not use
projected credits pending our review.
(5) You may correct errors discovered in your end-of-year report,
including errors in calculating credits according to the following
table:
------------------------------------------------------------------------
If. . . And if. . . Then we . . .
------------------------------------------------------------------------
(i) Our review discovers an the discovery occurs restore the credits
error in your end-of-year within 180 days of for your use.
report that increases your receipt.
credit balance.
------------------------------------------------------------------------
(ii) You discover an error the discovery occurs restore the credits
in your report that within 180 days of for your use.
increases your credit receipt.
balance.
------------------------------------------------------------------------
[[Page 53103]]
(iii) We or you discover an the discovery occurs do not restore the
error in your report that more than 180 days credits for your
increases your credit after receipt. use.
balance.
------------------------------------------------------------------------
(iv) We discover an error in at any time after reduce your credit
your report that reduces receipt. balance.
your credit balance.
------------------------------------------------------------------------
(h) Include in each report a statement certifying the accuracy and
authenticity of its contents.
(i) We may void a certificate of conformity for any emission family
if you do not keep the records this section requires or give us the
information when we ask for it.
(j) You may include motorcycles that you certify with
HC+NOX emissions below 0.8 g/km in the following optional
early banking program:
(1) To include a motorcycle in the early banking program, assign it
an emission rate of 0.8 g/km when calculating your average emission
level for compliance with the Tier 1 standards.
(2)(i) Calculate bankable credits from the following equation:
Bonus credit = Y x [ (0.8 g/km--Certfied emission level) ]x
[(Production volume of engine family) x (Useful life) ]
(ii) The value of Y is defined by the model year and emission
level, as shown in the following table:
----------------------------------------------------------------------------------------------------------------
Multiplier (Y) for use in MY 2010 or later
corporate averaging
------------------------------------------------
If your certified
Model year emission level is less If your certified
than 0.8 g/km, but emission level is less
greater than 0.4 g/km, than 0.4 g/km, then Y =
then Y = . . . . . .
----------------------------------------------------------------------------------------------------------------
2003 through 2006.............................................. 1.5 3.0
2007........................................................... 1.375 2.5
2008........................................................... 1.250 2.0
2009........................................................... 1.125 1.5
----------------------------------------------------------------------------------------------------------------
(3) Credits banked under this paragraph (j) may be used for
compliance with any 2010 or later model year standards as follows:
(i) If your average emission level is above the average standard,
calculate your credit deficit according to the following equation,
rounding to the nearest tenth of a gram:
Deficit = (Emission Level-Average Standard) x (Total Annual Production)
(ii) Credits deficits may be offset using banked credits.
Subpart F--[Amended]
11. A new Sec. 86.513-2004 is added to subpart F to read as
follows:
Sec. 86.513-2004 Fuel and engine lubricant specifications.
Section 86.513-2004 includes text that specifies requirements that
differ from Sec. 86.513-94. Where a paragraph in Sec. 86.513-94 is
identical and applicable to Sec. 86.513-2004, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.513-94.'' Where a corresponding paragraph of
Sec. 86.513-94 is not applicable, this is indicated by the statement
``[Reserved].''
(a) Gasoline. (1) Gasoline having the following specifications will
be used by the Administrator in exhaust emission testing of gasoline-
fueled motorcycles. Gasoline having the following specifications or
substantially equivalent specifications approved by the Administrator,
shall be used by the manufacturer for emission testing except that the
octane specifications do not apply.
Table 1 of Sec. 86.513-2004.--Gasoline Test Fuel Specifications
--------------------------------------------------------------------------------------------------------------------------------------------------------
Item Procedure Value
--------------------------------------------------------------------------------------------------------------------------------------------------------
Distillation Range:
1. Initial boiling point, deg.C................ ASTM D 86-97........................................ 23.9--35.0.\1\
2. 10% point, deg.C............................ ASTM D 86-97........................................ 48.9--57.2
3. 50% point, deg.C............................ ASTM D 86-97........................................ 93.3--110.0.
4. 90% point, deg.C............................ ASTM D 86-97........................................ 148.9--162.8.
5. End point, deg.C............................ ASTM D 86-97........................................ 212.8.
Hydrocarbon composition:
1. Olefins, volume %............................ ASTM D 1319-98...................................... 10 maximum.
2. Aromatics, volume %.......................... ASTM D 1319-98...................................... 35 minimum.
3. Saturates.................................... ASTM D 1319-98...................................... Remainder.
Lead (organic), g/liter............................. ASTM D 3237......................................... 0.013 maximum.
Phosphorous, g/liter................................ ASTM D 3231......................................... 0.005 maximum.
Sulfur, weight %.................................... ASTM D 1266......................................... 0.08 maximum.
Volatility (Reid Vapor Pressure), kPa............... ASTM D 3231......................................... 55.2 to 63.4.\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For testing at altitudes above 1 219 m, the specified volatility range is 52 to 55 kPa and the specified initial boiling point range is 23.9 deg. to
40.6 deg. C.
[[Page 53104]]
(2) Unleaded gasoline and engine lubricants representative of
commercial fuels and engine lubricants which will be generally
available though retail outlets shall be used in service accumulation.
(3) The octane rating of the gasoline used shall be no higher than
4.0. Research octane numbers above the minimum recommended by the
manufacturer.
(4) The Reid Vapor Pressure of the gasoline used shall be
characteristic of commercial gasoline fuel during the season in which
the service accumulation takes place.
(b) through (d) [Reserved]. For guidance see Sec. 86.513-94.
12. Section 86.544-90 is amended by revising the text preceding the
formula to read as follows:
Sec. 86.544-90 Calculations; exhaust emissions.
The final reported text results, with oxides of nitrogen being
optional for model years prior to 2006 and required for 2006 and later
model years, shall be computed by use of the following formula (The
results of all emission tests shall be rounded, in accordance with ASTM
E29-90 (incorporated by reference in Sec. 86.1), to the number of
places to the right of the decimal point indicated by expressing the
applicable standard to three significant figures.):
* * * * *
Subpart I--[Amended]
13. Section 86.884-14 is amended by revising the equation in
paragraph (a) to read as follows:
Sec. 86.884-14 Calculations.
(a) * * *
* * * * *
[GRAPHIC] [TIFF OMITTED] TP14AU02.001
PART 90--CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES
14. The authority for part 90 continues to read as follows:
Authority: 42 U.S.C. 7521, 7522, 7523, 7524, 7525, 7541, 7542,
7543, 7547, 7549, 7550, and 7601(a).
Subpart A--[Amended]
15. Section 90.1 as proposed at 66 FR 51181 is amended by adding a
new paragraph (f) to read as follows:
Sec. 90.1 Applicability.
* * * * *
(f) This part also applies to engines under 50 cc used in highway
motorcycles if the manufacturer uses the provisions of 40 CFR 86.447-
2006 to meet the emission standards in this part instead of the
requirements of 40 CFR part 86. Compliance with the provisions of this
part is a required condition of that exemption.
Subchapter U--Air Pollution Controls
16. Part 1045 is added to subchapter U as proposed at 66 FR 51189
to read as follows:
PART 1045--CONTROL OF EMISSIONS FROM SPARK-IGNITION MARINE VESSELS
Subpart A--Determining How to Follow This Part
Sec.
1045.1 Does this part apply to me?
1045.5 Are any of my vessels excluded from the requirements of
this part?
1045.10 What main steps must I take to comply with this part?
1045.15 Do any other regulation parts affect me?
1045.20 Can I certify just the fuel system instead of the entire
vessel?
Subpart B--Emission Standards and Related Requirements
1045.105 What evaporative emission standards must my vessels meet?
1045.115 What other requirements must my vessels meet?
1045.120 What warranty requirements apply to me?
1045.125 What maintenance instructions must I give to buyers?
1045.130 What installation instructions must I give to vessel
manufacturers?
1045.135 How must I label and identify the vessels and fuel
systems I produce?
1045.140 What interim provisions apply only for a limited time?
1045.145 What provisions apply to non-certifying manufacturers?
Subpart C--Certifying Emission Families
1045.201 What are the general requirements for submitting a
certification application?
1045.205 How must I prepare my application?
1045.215 What happens after I complete my application?
1045.225 How do I amend my application to include a new or
modified product?
1045.230 How do I select emission families?
1045.235 How does testing fit with my application for a
certificate of conformity?
1045.240 How do I determine if my emission family complies with
emission standards?
1045.245 What records must I keep and make available to EPA?
1045.250 When may EPA deny, revoke, or void my certificate of
conformity?
Subpart D--[Reserved]
Subpart E--Testing In-use Engines
1045.401 What provisions apply for in-use testing of vessels?
Subpart F--Test Procedures
1045.501 What equipment and general procedures must I use to test
my vessels?
1045.505 How do I test for diurnal evaporative emissions?
1045.506 How do I test my fuel tank for permeation emissions?
Subpart G--Compliance Provisions
1045.601 What compliance provisions apply to these vessels?
Subpart H--Averaging, Banking, and Trading for Certification
1045.701 General provisions.
1045.705 How do I average emission levels?
1045.710 How do I generate and bank emission credits?
1045.715 How do I trade or transfer emission credits?
1045.720 How do I calculate my average emission level or emission
credits?
1045.725 What information must I keep?
1045.730 What information must I report?
Subpart I--Definitions and Other Reference Information
1045.801 What definitions apply to this part?
1045.805 What symbols, acronyms, and abbreviations does this part
use?
1045.810 What materials does this part reference?
1045.815 How should I request EPA to keep my information
confidential?
1045.820 How do I request a public hearing?
Authority: 42 U.S.C. 7401-7671(q).
Subpart A--Determining How To Follow This Part
Sec. 1045.1 Does this part apply to me?
(a) This part applies to you if you manufacture or import new
spark-ignition marine vessels (defined in Sec. 1045.801) or part of a
fuel system for such vessels (defined in Sec. 1045.801), unless we
exclude the vessels under Sec. 1045.5. You should read Sec. 1045.145 to
determine whether we require all manufacturers to meet a specific
requirement.
(b) See 40 CFR part 90 to meet exhaust-emission requirements for
spark-ignition marine engines. Note that 40 CFR part 90 does not apply
to all spark-ignition marine engines.
(c) Note in subpart G of this part that 40 CFR part 1068 applies to
everyone, including anyone who manufactures, owns, operates, or repairs
any of the vessels this part covers.
(d) You need not follow this part for vessels produced before the
2008 model year, unless you certify voluntarily. See Sec. 1045.105,
Sec. 1045.145, and the definition of model year in Sec. 1045.801
[[Page 53105]]
for more information about the timing of new requirements.
(e) See Secs. 1045.801 and 1045.805 for definitions and acronyms
that apply to this part.
(f) For now, ignore references to engines, which will apply when we
establish exhaust emission standards in this part for spark-ignition
marine engines.
Sec. 1045.5 Are any of my vessels excluded from the requirements of
this part?
(a) The requirements of this part do not apply to either of two
types of marine vessels:
(1) Hobby vessels.
(2) Vessels fueled with diesel fuel, LPG, natural gas, or other
fuel that is not a volatile liquid fuel.
(b) See part 1068, subpart C, of this chapter for exemptions of
specific vessels.
(c) We may require you to label a vessel if this section excludes
it and other requirements in this chapter do not apply (for example,
hobby vessels).
(d) Send the Designated Officer a written request with supporting
documentation if you want us to determine whether this part covers or
excludes certain vessels. Excluding engines from this part's
requirements does not affect other requirements that may apply to them.
Sec. 1045.10 What main steps must I take to comply with this part?
(a) Every new vessel subject to the standards in this part must be
covered by a certificate of conformity before it is sold, offered for
sale, introduced into commerce, distributed or delivered for
introduction into commerce, or imported into the United States. For
evaporative emissions, either the vessel manufacturer or the fuel
system manufacturer must apply for a certificate of conformity for each
new model year.
(b) To get a certificate of conformity and comply with its terms,
you must do three things:
(1) Show that each vessel will meet one of the individual emission
standards and other requirements in subpart B of this part. You may
also need to meet a corporate-average emission standard (see
Sec. 1045.105).
(2) Apply for certification (see subpart C of this part).
(3) Follow our instructions throughout this part.
(c) Subpart F of this part and 40 CFR part 86 describe the
procedures you must follow to test your vessels. Subpart F of this part
and Sec. 1045.20 describe cases for which you may test the fuel system
alone instead of testing the entire vessel.
(d) Subpart G of this part and 40 CFR part 1068 of this chapter
describe requirements and prohibitions that apply to manufacturers,
owners, operators, repairers, and all others associated with spark-
ignition marine vessels.
Sec. 1045.15 Do any other regulation parts affect me?
(a) Part 86 of this chapter describes how to measure evaporative
emissions. Subpart F of this part describes how to apply part 86 of
this chapter to show you meet this part's emission standards.
(b) Part 1068 of this chapter describes general provisions,
including these seven areas:
(1) Prohibited acts and penalties for manufacturers and others.
(2) Rebuilding and other aftermarket changes.
(3) Exemptions for certain vessels.
(4) Importing vessels.
(5) Selective enforcement audits of your production.
(6) Defect reporting and recall.
(7) Procedures for public hearing.
(c) Other parts of this chapter affect you if referenced in this
part.
Sec. 1045.20 Can I certify just the fuel system instead of the entire
vessel?
(a) You may certify only the fuel system if you manufacture part or
all of the system for a vessel. Vessels using certified fuel systems do
not need to be certified separately.
(b) If you certify a fuel system, you must do two things:
(1) Use good engineering judgment to ensure the engine will comply
with emission standards after it is installed in a vessel.
(2) Comply with Sec. 1045.130.
(c) Do not use the provisions of this section to circumvent
emission standards or other requirements of this part.
Subpart B--Emission Standards and Related Requirements
Sec. 1045.105 What evaporative emission standards must my vessels
meet?
Beginning January 1, 2008, each new vessel and new portable fuel
tank must be certified to the emission standards of paragraphs (a) and
(b) of this section (except as allowed by paragraph (c) of this
section). Vessel manufacturers may certify vessels directly or use fuel
systems certified by fuel-system manufacturers.
(a) Diurnal Emissions. Diurnal emissions from your vessel may not
exceed 1.1 grams per gallon per day as measured according to the
diurnal evaporative test procedures in subpart F of this part. You may
use the averaging provisions in Subpart H of this part to show you meet
the standards of this paragraph (a). Emission standards described in
this paragraph apply to marine vessels with installed fuel tanks; they
do not apply to portable fuel tanks, which are addressed in paragraph
(c) of this section.
(b) Permeation emissions. Permeation emissions may not exceed the
following standards:
(1) Permeation emissions from your vessel's fuel tank(s) may not
exceed 0.08 grams per gallon per day as measured according to the tank
permeation test procedures in subpart F of this part.
(2) Permeation emissions from your vessel's fuel lines may not
exceed 5 grams per square-meter per day as measured according to the
fuel line permeation test procedures in subpart F of this part. Use the
inside diameter of the hose to determine the surface area of the hose.
(c) You may certify portable fuel tanks to the diurnal emission
standards in paragraph (a) of this section by meeting the following
design criteria:
(1) The tank may include no more than two vents, which must be
readily sealable for pressures up 3 psig.
(2) All vents and the fuel-line connection to the engine must seal
automatically when disconnected.
(d) You may certify vessels and fuel systems using the control
technologies shown in the following tables ``by design.'' This means
the design of these technologies certifies them to the standards
specified in paragraph (a) of this section:
[[Page 53106]]
Table 1 of Sec. 1045.105.--Diurnal Levels for Design Certification
----------------------------------------------------------------------------------------------------------------
Then you may design-certify with a diurnal emission
If the diurnal control technology is . . . level of . . .
----------------------------------------------------------------------------------------------------------------
1. Open-vented fuel tank................................... 1.5 g/gal/test.
----------------------------------------------------------------------------------------------------------------
2. A sealed fuel tank with a pressure-relief valve that 1.3 g/gal/test.
would open at a pressure of 0.5 psi.
----------------------------------------------------------------------------------------------------------------
3. A sealed insulated fuel tank (R-value of 15 or better) 1.3 g/gal/test.
with a limited flow orifice with a maximum cross-sectional
area defined by the following equation: Area in mm\2\ =
0.04 x fuel tank capacity in gallons (Example: A 20
gallon tank with an orifice no more than 1.0 mm in
diameter.)
----------------------------------------------------------------------------------------------------------------
4. A sealed fuel tank with a pressure-relief valve that 1.1 g/gal/test.
would open at a pressure of 1.0 psi.
----------------------------------------------------------------------------------------------------------------
5. A sealed fuel tank with a pressure-relief valve that 0.9 g/gal/test.
would open at a pressure of 1.5 psi.
----------------------------------------------------------------------------------------------------------------
6. A sealed fuel tank with a pressure-relief valve that 0.7 g/gal/test.
would open at a pressure of 2.0 psi.
----------------------------------------------------------------------------------------------------------------
7. A sealed fuel tank with a pressure-relief valve that 0.5 g/gal/test.
would open at a pressure of 0.5 psi, and with a volume-
compensating bag made from a low-permeability material\1\
with a bag volume equal to at least 25 percent of the
volume of the fuel tank.
----------------------------------------------------------------------------------------------------------------
8. A sealed bladder fuel tank made from a low-permeability. 0.1 g/gal/test.
----------------------------------------------------------------------------------------------------------------
\1\ Permeability of 5 g/m\2\/day or less.
Table 2 of Sec. 1045.105.--Tank Permeation Levels for Design Certification
----------------------------------------------------------------------------------------------------------------
Then you may design-certify with a tank emission
If the tank permeability control technology is . . . level of . . .
----------------------------------------------------------------------------------------------------------------
1. A metal fuel tank with no non-metal gaskets or with 0.08 g/gal/test-day.
gaskets made from a low-permeability material \1\.
----------------------------------------------------------------------------------------------------------------
2. A metal fuel tank with non-metal gaskets with an exposed 0.08 g/gal/test-day.
surface area of 1000 mm\2\ or less.
----------------------------------------------------------------------------------------------------------------
\1\ Permeability of 10 g/m\2\/day or less.
Table 3 of Sec. 1045.105.--Fuel and Vent-line Permeation Levels for
Design Certification
------------------------------------------------------------------------
If the fuel-line and vent-line Then you may design-certify with a
permeability control technology fuel line permeation emission level
is . . . of . . .
------------------------------------------------------------------------
Hose meeting SAE 2260 Category 1 5 g/m\2\/test-day.
permeation level \1\.
------------------------------------------------------------------------
\1\ Hose must also meet U.S. Coast Guard Regulations.
(e) We may establish additional design certification options based
on test data.
Sec. 1045.115 What other requirements must my vessels meet?
(a) through (d) [Reserved]
(e) Prohibited controls. You may not do either of the following
things:
(1) You may not design engines or vessels with an emission-control
system that emits any noxious or toxic substance that the engine would
not emit during operation in the absence of such a system, except as
specifically permitted by regulation.
(2) You may not design engines or vessels with an emission-control
system that is unsafe. For example, emission controls must comply with
all applicable U.S. Coast Guard regulations.
(f) Defeat devices. You may not equip your vessels with a defeat
device. A defeat device is an auxiliary emission-control device or
other control feature that degrades emission controls under conditions
you may reasonably expect the vessel to encounter during normal
operation and use.
(g) Evaporative technology. Make sure (by testing or engineering
analysis) that technologies used to meet evaporative emission
standards keep working for at least 30 days while the boat or engine is
not used. Design them to last for the full useful life. The useful life
for evaporative controls is ten years.
(h) Fuel-tank location. The test procedures in subpart F of this
part do not represent the experience of a vessel with the fuel tank
exposed to direct sunlight (sun exposure can cause much greater fuel-
temperature swings, which would increase evaporative emissions). If you
design your vessel this way, you must show that you meet emission
standards by measuring emissions with a test that incorporates the
effect of the sun's radiant heat. Note: This requirement does not apply
to portable fuel tanks.
Sec. 1045.120 What warranty requirements apply to me?
(a) You must warrant to the ultimate buyer that the new vessel
meets two conditions:
(1) You have designed, built, and equipped it to meet the
requirements of this part.
(2) It is free from defects in materials and workmanship that may
keep it from meeting these requirements.
(b) Your emission-related warranty for evaporative controls must be
valid for at least 50 percent of the useful life in years. You may
offer a warranty more generous than we require. This warranty may not
be shorter than any published or negotiated warranty you offer for the
vessel or any of its components.
[[Page 53107]]
Sec. 1045.125 What maintenance instructions must I give to buyers?
Give the ultimate buyer of each new vessel written instructions for
properly maintaining and using the vessel, including the emission-
control system.
Sec. 1045.130 What installation instructions must I give to vessel
manufacturers?
(a) If you sell a certified fuel system for someone else to install
in a spark-ignition marine vessel, give the buyer of the fuel system
written instructions for installing it consistent with the requirements
of this part. Make sure these instructions have the following
information:
(1) Include the heading: ``Emission-related installation
instructions.''
(2) State: ``Failing to follow these instructions when installing a
certified fuel system in a spark-ignition marine vessel violates
federal law (40 CFR 1068.105(b)), subject to fines or other penalties
as described in the Clean Air Act.''.
(3) Describe any other instructions to make sure the installed fuel
system will operate according to design specifications in your
application for certification.
(4) State: ``If you obscure the fuel system's emission label, you
must attach a duplicate label to your vessel, as described in 40 CFR
1068.105.''.
(b) You do not need installation instructions for fuel systems you
install in your own vessel.
Sec. 1045.135 How must I label and identify the vessels and fuel
systems I produce?
(a) [Reserved]
(b) At the time of manufacture, add a permanent label identifying
each tank. To meet labeling requirements, do three things:
(1) Attach the label in one piece so it is not removable without
being destroyed or defaced.
(2) Design and produce it to be durable and readable for the
vessel's entire life.
(3) Write it in block letters in English.
(c) On your fuel tank label, do ten things:
(1) Include the heading ``EMISSION CONTROL INFORMATION.''
(2) Include your full corporate name and trademark.
(3) State: ``THIS VESSEL IS CERTIFIED TO OPERATE ON [specify
operating fuel or fuels].''.
(4) State the date of manufacture [DAY (optional), MONTH, and
YEAR].
(5) State: ``THIS VESSEL MEETS U.S. ENVIRONMENTAL PROTECTION AGENCY
REGULATIONS FOR [MODEL YEAR] VESSELS].''.
(6) Include EPA's standardized designation for the emission family.
(7) Include the model number (or part number) of the fuel tank.
(8) Include the part number(s) of the fuel lines.
(9) Include the fuel tank capacity in U.S. gallons.
(10) Describe other information on proper maintenance and use.
(11) Identify any other emission standards to which you have
certified the vessel.
(d) You may combine the EPA emission control label with the label
required by the U.S. Coast Guard. If you are unable to meet the exact
labeling requirements described in paragraph (c) of this section for
your combined label, you may ask us to modify the requirements
consistent with the intent of this section.
(e) Some vessels may not have enough space for a label with all the
required information. In this case, we may allow you to omit some of
the information required if you print it in the owner's manual instead.
(f) If you are unable to meet these labeling requirements, you may
ask us to modify them consistent with the intent of this section.
(g) If you obscure the fuel-tank label while installing the tank in
the vessel, you must place a duplicate label on the vessel. If someone
else installs the fuel tank in a vessel, give them duplicate labels if
they ask for them (see 40 CFR 1068.105).
(h) Non-metallic fuel lines must be labeled with the name of the
fuel line manufacturer and with a permeability classification.
Sec. 1045.140 What interim provisions apply only for a limited time?
From 2004 to 2007, if you certify to an FEL below the average
standard in Sec. 1045.105(a), you may generate early credits. Calculate
credits according to Sec. 1045.720(b) by replacing ``Average Standard''
with 1.1 g/gallon and ``Emission Level'' with the FEL to which the
emission family is certified.
Sec. 1045.145 What provisions apply to non-certifying manufacturers?
(a) General requirements. The following general requirements apply
to non-certifying manufacturers:
(1) Every manufacturer is responsible for compliance with the
requirements of this part that apply to manufacturers. However, if one
manufacturer complies with a requirement, then we will consider all
manufacturers to have complied with that specific requirement.
(2) Where more than one entity meets the definition of manufacturer
for a particular vessel and any one of the manufacturers obtains a
certificate of conformity covering the whole vessel, the requirements
of subparts C and H of this part and subparts E and F of part 1068 of
this chapter apply to the manufacturer that holds the certificate of
conformity. Other manufacturers must meet the requirements of subparts
C and H of this part and subparts E and F of part 1068 of this chapter
only if we say so. In this case, we will allow a reasonable time to
meet the requirements that apply.
(b) Requirements for permeability treatment. If you treat fuel
tanks or fuel lines to reduce permeability but do not hold the
certificate, you must keep records of the treatment process for three
years after the treatment occurs. You must make these records available
to us if we request them.
(c) Requirements for fuel system or emission control components. If
you manufacture a fuel system component or an emission control
component or fuel lines used to reduce permeability but do not hold the
certificate, we may require you to keep records of your manufacturing
process for three years after the component is manufactured. You must
make these records available to us if we request them.
(d) Requirements for emission test data. If a certifying
manufacturer uses your emission test data to certify, we may require
you to give us a signed statement verifying that your tests were
conducted using the test procedures in this part.
Subpart C--Certifying Emission Families
Sec. 1045.201 What are the general requirements for submitting a
certification application?
(a) Send us an application for a certificate of conformity for each
emission family. Each application is valid for only one model year.
(b) The application must not include false or incomplete statements
or information (see Sec. 1045.250). We may choose to ask you to send us
less information than we specify in this subpart, but this would not
change your recordkeeping requirements.
(c) Use good engineering judgment for all decisions related to your
application (see Sec. 1068.005 of this chapter).
(d) An authorized representative of your company must approve and
sign the application.
Sec. 1045.205 How must I prepare my application?
In your application, you must do all the following things:
(a) Describe the emission family's specifications and other basic
[[Page 53108]]
parameters of the design. List the types of fuel you intend to use to
certify the emission family (for example, gasoline or methanol).
(b) Explain how the emission-control system operates. Describe in
detail all the system's components, auxiliary emission-control devices,
and all fuel-system components you will install on any production or
test system. Explain how you determined that the emission-control
system comply with the requirements of Sec. 1045.115, including why any
auxiliary emission-control devices are not defeat devices (see
Sec. 1045.115(f)). Do not include detailed calibrations for components
unless we ask for them.
(c) Describe the vessels, engines, tanks, and/or hoses you selected
for testing and the reasons for selecting them.
(d) Describe any special or alternate test procedures you used (see
Sec. 1045.501).
(e) [Reserved]
(f) List the specifications of the test fuel to show that it falls
within the required ranges we specify in 40 CFR part 1065, subpart C.
(g) Identify the emission family's useful life.
(h) Propose maintenance and use instructions for the ultimate buyer
(see Sec. 1045.125).
(i) Propose emission-related installation instructions if you sell
fuel systems for someone else to install in a vessel (see
Sec. 1045.130).
(j) Propose an emission-control label.
(k) Present emission data for HC to show you meet the emission
standards we specify in Sec. 1045.105.
(l) Report all test results, including those from invalid tests or
from any nonstandard tests.
(m) [Reserved]
(n) Describe all adjustable operating parameters.
(o) If you conducted testing, state that you conducted your
emission tests according to the specified procedures and test
parameters using the fuels described in the application to show you
meet the requirements of this part.
(p) If you did not conduct testing, state how your emission family
meets the requirements for design certification.
(q) State unconditionally that all the vessels in the emission
family comply with the requirements of this part, other referenced
parts, and the Clean Air Act (42 U.S.C. 7401 et seq.).
(r) Include estimates of vessel (or fuel system) production.
(s) Add other information to help us evaluate your application if
we ask for it.
Sec. 1045.215 What happens after I complete my application?
(a) If any of the information in your application changes after you
submit it, amend it as described in Sec. 1045.225.
(b) We may decide that we cannot approve your application unless
you revise it.
(1) If you inappropriately use the provisions of Sec. 1045.230(c)
or (d) to define a broader or narrower emission family, we will require
you to redefine your emission family.
(2) If your proposed label is inconsistent with Sec. 1045.135, we
will require you to change it (and tell you how, if possible).
(3) If you require or recommend maintenance and use instructions
inconsistent with Sec. 1045.125, we will require you to change them.
(4) If we find any other problem with your application, we will
tell you how to correct it.
(c) If we determine your application is complete and shows you meet
all the requirements, we will issue a certificate of conformity for
your emission family for that model year. If we deny the application,
we will explain why in writing. You may then ask us to hold a hearing
to reconsider our decision (see Sec. 1045.820).
Sec. 1045.225 How do I amend my application to include a new or
modified product?
(a) You must amend your application for certification before you
take either of the following actions:
(1) Add a vessel, engine, or fuel system to a certificate of
conformity.
(2) Make a design change for a certified emission family that may
affect emissions or an emission-related part over the lifetime of the
vessel, engine, or fuel system.
(b) Send the Designated Officer a request to amend the application
for certification for an emission family. In your request, do all of
the following:
(1) Describe the model or configuration you are adding or changing.
(2) Include engineering evaluations or reasons why the original
testing is or is not still appropriate.
(3) If the original testing for the emission family is not
appropriate to show compliance for the new or modified vessel, include
new test data showing that the new or modified product meets the
requirements of this part.
(c) You may start producing the new or modified product anytime
after you send us your request.
(d) You must give us test data within 30 days if we ask for more
testing, or stop production if you are not able do this.
(e) If we determine that the certificate of conformity would not
cover your new or modified product, we will send you a written
explanation of our decision. In this case, you may no longer produce
these vessels, engines, or fuel systems, though you may ask for a
hearing for us to reconsider our decision (see Sec. 1045.820).
Sec. 1045.230 How do I select emission families?
(a) Divide your product line into groups of vessels (or fuel
systems) that you expect to have similar emission characteristics.
These groups are call emission families. (b) You need a separate
emission family for each model year.
Sec. 1045.235 How does testing fit with my application for a
certificate of conformity?
This section describes how to do testing in your effort to apply
for a certificate of conformity.
(a) Test your vessels using the procedures and equipment specified
in subpart F of this part.
(1) For evaporative testing, you may test the fuel system without
the vessel.
(2) For exhaust testing, test the engine without the vessel.
(b) Select from each emission family a test vessel for each fuel
type with a configuration you believe is most likely to exceed an
applicable standard (e.g., the diurnal evaporative standard). Using
good engineering judgment, consider the emission levels of all
regulated constituents over the full useful life of the vessel.
(c) You may submit emission data for equivalent emission families
from previous years instead of doing new tests, but only if the data
shows that the test vessel would meet all the requirements for the
latest models. We may require you to do new emission testing if we
believe the latest models could be substantially different from the
previously tested vessel.
(d) We may choose to measure emissions from any of your test
vessels.
(1) If we do this, you must provide the test vessel at the location
we select. We may decide to do the testing at your plant or any other
facility. If we choose to do the testing at your plant, you must
schedule it as soon as possible and make available the instruments and
equipment we need. This provision does not apply for evaporative
emission testing for manufacturers that use the design certification
provisions for all of the products under Sec. 1045.105(d).
(2) If we measure emissions on one of your test vessels, the
results of that testing become the official data for the vessel. Unless
we later invalidate this
[[Page 53109]]
data, we may decide not to consider your data in determining if your
emission family meets the emission standards.
(e) We may allow you to certify vessels using existing data from
vessels with similarly-designed fuel systems that you did not
manufacture. In those cases, you are not required to emission-test your
vessels or fuel systems.
(f) For fuel tanks that are design-certified based on permeability
treatments for plastic fuel tanks, you do not need to test each
emission family. However, you must use good engineering judgment to
determine permeation rates for the tanks. Good engineering judgment
requires that at least one fuel tank be tested for each set of
treatment conditions. For example, if you treat tanks made from the
same material using the identical tretament process, but that are in
different emission families, then you would only need to test one tank.
Sec. 1045.240 How do I determine if my emission family complies with
emission standards?
(a) Your emission family complies with the applicable numerical
emission standards in Sec. 1045.105 if all emission-data vessels
representing that family have test results showing emission levels at
or below all applicable standards, provided you also comply with the
average emission standard for your total production.
(b) Your emission family does not comply if any emission-data
vessel representing that family has test results showing emission
levels above the applicable standards from Sec. 1045.105.
(c) If your average emission level is above an applicable standard,
then all of emission families with emission levels above the average
standard are noncompliant.
Sec. 1045.245 What records must I keep and make available to EPA?
(a) Organize and maintain the following records to keep them
readily available; we may review these records at any time:
(1) A copy of all applications and any summary information you sent
us.
(2) Any of the information we specify in Sec. 1045.205 that you did
not include in your application.
(3) A detailed history of each emission-data vessel. In each
history, describe the test vessel's construction, including its origin
and buildup, steps you took to ensure that it represents production
vessels, any components you built specially for it, and all emission-
related components.
(b) Keep data from routine emission tests for one year after we
issue the associated certificate of conformity. Keep all other
information specified in paragraph (a) of this section for eight years
after we issue your certificate.
(c) Store these records in any format and on any media, as long as
you can promptly send us organized, written records in English if we
ask for them.
(d) Send us copies of any vessel maintenance instructions or
explanations if we ask for them.
Sec. 1045.250 When may EPA deny, revoke, or void my certificate of
conformity?
(a) We may deny your application for certification if your
emission-data vessels fail to comply with emission standards or other
requirements. Our decision may be based on any information available to
us. If we deny your application, we will explain why in writing.
(b) In addition, we may deny your application or revoke your
certificate if you do any of the following:
(1) Refuse to comply with any testing or reporting requirements.
(2) Submit false or incomplete information (paragraph (d) of this
section applies if this is fraudulent).
(3) Render inaccurate any test data.
(4) Deny us from completing authorized activities despite our
presenting a warrant or court order (see Sec. 1068.020 of this
chapter).
(5) Produce vessels for importation into the United States at a
location where local law prohibits us from carrying out authorized
activities.
(c) We may void your certificate if you do not keep the records we
require or do not give us information when we ask for it.
(d) We may void your certificate if we find that you committed
fraud to get it. This means intentionally submitting false or
incomplete information.
(e) If we deny your application or revoke or void your certificate,
you may ask for a hearing (see Sec. 1045.820). Any such hearing will be
limited to substantial and factual issues.
Subpart D--[Reserved]
Subpart E--Testing In-use Engines
Sec. 1045.401 What provisions apply for in-use testing of vessels?
We may conduct in-use testing of any vessel (or part of a vessel)
subject to the standards of this part. If we determine that a
substantial number of vessels do not comply with the regulations of
this part, we may order the manufacturer to conduct a recall as
specified in 40 CFR part 1068.
Subpart F--Test Procedures
Sec. 1045.501 What equipment and general procedures must I use to test
my vessels?
(a) Diurnal testing. Use the equipment specified in 40 CFR part 86
subpart B (i.e., the procedures used to measure diurnal evaporative
emissions for gasoline-fueled highway vehicles). Use the procedures
specified in Sec. 1045.505 to measure diurnal emissions.
(1) These provisions require placing your vessel or fuel system
within a sealed, temperature-controlled enclosure called a SHED (Sealed
Housing for Evaporative Determination).
(2) You must include a fan to maintain a minimum wind speed of 5
miles per hour across the tank.
(b) Permeation testing. Use the following equipment and procedures
for measuring permeation emissions:
(1) For fuel tank permeation, see Sec. 1045.506.
(2) For fuel line permeation, see SAE J1527 (incorporated by
reference in Sec. 1045.810). Alternatively, you may use the equipment
and procedures specified in SAE J1737 (incorporated by reference in
Sec. 1045.810), except that all tests must be conducted at 23 deg.C
2 deg.C.
(c) Special or alternate procedures. You may use special or
alternate procedures, as described in Sec. 1065.010 of this chapter.
Sec. 1045.505 How do I test for diurnal evaporative emissions?
Measure evaporative emissions by placing the preconditioned vessel
or fuel system within a sealed, temperature-controlled SHED and
recording the concentration of fuel vapors within the SHED as the
temperature cycles between 22.2 deg.C and 35.6 deg.C.
(a) Preconditioning and test preparation. To prepare your vessel or
fuel system, follow these seven steps:
(1) To precondition the tank, fill it to its nominal capacity and
allow it to soak at 30 deg.C 5 deg.C for one month. Note:
You may omit this step; however, if you omit this step, you may not
correct measured emissions for permeation that occurs during the test.
(2) Determine the tank's fuel capacity in gallons as configured in
the vessel (using at least three significant figures).
(3) Fill the fuel tank with the test fuel to its capacity. If you
fill the tank within the SHED, do not spill any fuel.
(4) Allow the tank and its contents to equilibrate to 22.2 deg.C
1 deg.C within the SHED.
(5) Connect a fuel siphon to the tank outlet and drain 60 percent
of the fuel. You may vent the tank before draining it. Do not spill any
fuel.
[[Page 53110]]
(6) Close the SHED and set the temperature control to 22.2 deg. F.
Allow the SHED to equilibrate for two hours.
(7) If the fuel tank vent will have an attached vent hose when
installed in the vessel, attach a vent hose representative of the
shortest length of vent hose that will be used when the tank is
installed in the vessel. You may attach the hose at any time before you
start the test run (Sec. 1045.505(b)).
(b) Test run. To measure emissions from your vessel or fuel system,
follow these six steps:
(1) Ensure that the measured temperature within the SHED is 22.2
0.2 deg.C.
(2) Ventilate the SHED.
(3) Seal the SHED and record the hydrocarbon concentration within
the SHED. This is the zero-hour value.
(4) Begin the temperature cycle in Table 1 of Sec. 1045.505. Run
the temperature cycle three times.
(5) Record the hydrocarbon concentration at the end of each
temperature cycle.
(6) Use the calculation procedures of 40 CFR 86.143-96 to calculate
the mass emissions for each of the three 24-hour temperature cycles.
The highest of the these three is the official test result. If you
precondition the tank as specified in Sec. 1045.505(a)(1), you may
correct these results by subtracting the permeation emissions from the
total, consistent with good engineering judgment.
Table 1 of Sec. 1045.505--24-hour Temperature Cycle for Emission
Testing
------------------------------------------------------------------------
Temperature
Time (hours) ( deg.C)
------------------------------------------------------------------------
0.......................................................... 22.2
1.......................................................... 22.5
2.......................................................... 23.6
3.......................................................... 26.6
4.......................................................... 29.5
5.......................................................... 31.8
6.......................................................... 34.0
7.......................................................... 34.8
8.......................................................... 35.5
9.......................................................... 35.6
10......................................................... 35.3
11......................................................... 34.4
12......................................................... 33.5
13......................................................... 31.8
14......................................................... 30.0
15......................................................... 28.6
16......................................................... 27.1
17......................................................... 26.1
18......................................................... 25.0
19......................................................... 24.3
20......................................................... 23.7
21......................................................... 23.3
22......................................................... 22.8
23......................................................... 22.5
24......................................................... 22.2
------------------------------------------------------------------------
Sec. 1045.506 How do I test my fuel tank for permeation emissions?
Measure permeation emissions by weighing a sealed fuel tank before
and after a temperature controlled soak.
(a) Preconditioning. To precondition your fuel tank, follow these
six steps:
(1) Fill the tank and allow it to soak at 30 deg.C
10 deg. C for 60 days.
(2) Determine the tank's fuel capacity as configured in the vessel
to the nearest tenth of a gallon.
(3) Fill the fuel tank with the test fuel to its capacity. If you
fill the tank within the SHED, do not spill any fuel.
(4) Allow the tank and its contents to equilibrate to 40 deg.C
2 deg. C.
(5) Seal the fuel tank using nonpermeable fittings, such as metal
or Teflon TM.
(b) Test run. To measure emissions from your fuel tank, follow
these nine steps:
(1) Weigh the sealed fuel tank, and record the weight to the
nearest 0.1 grams. (You may use less precise weights, provided that the
difference in mass from the start of the test to the end of the test
has at least three significant figures.)
(2) Carefully place the tank within the temperature controlled
container or SHED. Do not spill any fuel.
(3) Close the container or SHED and record the time.
(4) Ensure that the measured temperature within the container or
SHED is 40 deg.C 2 deg. C.
(5) Leave the tank in the container or SHED for 10 to 30 days,
consistent with good engineering judgment (based on the expected
permeation rate).
(6) Hold the temperature of the container or SHED to 40 deg.C
2 deg. C and record at least daily.
(7) At the end of the soak period, weigh the sealed fuel tank and
record the weight to the nearest 0.1 grams. (You may use less precise
weights, provided that the difference in mass from the start of the
test to the end of the test has at least three significant figures.)
(8) Subtract the weight of the tank at the end of the test from the
weight of the tank at the beginning of the test, and divide the
difference by the capacity of the fuel tank. Divide this gram/gallon
value by the number of test days to calculate the gram/gallon/test-day
emission rate. Example: If a 20.4-gallon tank weighed 31782.3 grams at
the beginning of the test, weighed 31760.2 grams after soaking for
25.03 days, then the gram/gallon/test-day emission rate would be:
(31882.3 g--31760.2 g) / 20.4 gal / 25.03 test days = 0.239 g/
gal/test-day
(9) Round your result to the same number of decimal places as the
standard.
Subpart G--Compliance Provisions
Sec. 1045.601 What compliance provisions apply to these vessels?
Vessel manufacturers, as well as owners, operators, and rebuilders
of these vessels, and all other persons, must observe the requirements
and prohibitions in part 1068 of this chapter.
Subpart H--Averaging, Banking, and Trading for Certification
Sec. 1045.701 General provisions.
(a) You may average, bank, and trade emission credits for
certification as described in this subpart to meet the average
standards of this part. You must comply with the averaging requirements
if you certify with an emission level higher than the applicable
average standard. Participation in banking and trading is voluntary.
Note: Some standards, such as the tank permeation standard, do not
allow you to comply on average.
(b) The definitions of Subpart I of this part apply to this
subpart. The following definitions also apply:
(1) Average standard means the standard that applies on average to
all your vessels, engines, or fuel systems that are subject to this
part (except portable fuel tanks).
(2) Broker means any entity that facilitates a trade between a
buyer and seller.
(3) Buyer means the entity that receives credits as a result of
trade or transfer.
(4) FEL means the familiy emission limit to which an emission
family is certified
(5) Group means a group of vessels having the same evaporative
control technology, model year, and fuel-tank capacity.
(6) Reserved credits means credits generated but not yet verified
by EPA in the end of year report review.
(7) Seller means the entity that provides credits during a trade or
transfer.
(8) Transfer means to convey control of credits an individual tank
generates--
(i) From a certifying tank manufacturer to a vessel manufacturer
that buys the tank; or
(ii) To a certifying tank manufacturer from a vessel manufacturer
that buys the tank.
(c) Do not include any exported vessel, engine, or tank in the
certification averaging, banking, and
[[Page 53111]]
trading program. Include only vessels, engines, or fuel tanks certified
under this part.
Sec. 1045.705 How do I average emission levels?
(a) As specified in subpart B of this part, certify each emission
family that you are including the averaging program to an FEL.
(b) Calculate a preliminary average emission level according to
Sec. 1045.720 using projected production volumes for your application
for certification.
(c) After the end of your model year, calculate a final average
emission level according to Sec. 1045.720 using actual production
volumes.
(d) If your preliminary average emission level is below the
allowable average standard, see Sec. 1045.710 for information about
generating and banking emission credits. These credits will be
considered reserved until verified by EPA during the end of year report
review.
Sec. 1045.710 How do I generate and bank emission credits?
(a) If your average emission level is below the average standard,
you may calculate credits according to Sec. 1045.720.
(b) You may generate credits if you are a certifying manufacturer.
You may hold them if you are a fuel tank or vessel manufacturer
(c) You may bank unused emission credits, but only after the end of
the calendar year and after we have reviewed your end-of-year reports.
(d) During the calendar year and before you send in your end-of-
year report, you may consider reserved any credits you originally
designate for banking during certification. You may redesignate these
credits for trading or transfer in your end-of-year report, but they
are not valid to demonstrate compliance until verified.
(e) You may use for averaging or trading any credits you declared
for banking from the previous calendar year that we have not reviewed.
But, we may revoke these credits later--following our review of your
end-of-year report or audit actions. For example, this could occur if
we find that credits are based on erroneous calculations; or that
emission levels are misrepresented, unsubstantiated, or derived
incorrectly in the certification process.
Sec. 1045.715 How do I trade or transfer emission credits?
(a) You may trade only banked credits, not reserved credits.
(b) Whether or not you hold a certificate, you may transfer
unbanked credits to a manufacturer that is supplying a fuel tank to you
or a vessel manufacturer that is buying a fuel tank from you.
(c) How you handle unused transferred credits at the end of a model
year depends on whether or not you hold a certificate.
(1) If you hold a certificate, you may bank these credits.
(2) If you do not hold a certificate, you may not bank these
credits; you may only transfer them to a certificate holder.
(d) If a negative credit balance results from a credit trade or
transfer, both buyers and sellers are liable, except in cases involving
fraud. We may void the certificates of all emission families
participating in a negative trade.
(1) If you buy credits but have not caused the negative credit
balance, you must only supply more credits equivalent to the amount of
invalid credits you used.
(2) If you caused the credit shortfall, you may be subject to the
requirements of Sec. 1045.730(b)(6).
Sec. 1045.720 How do I calculate my average emission level or emission
credits?
(a) Calculate your average emission level for each model year
according to the following equation and round it to the nearest tenth
of a gram per gallon. Use consistent units throughout the calculation.
(1) Calculate the average emission level as:
[GRAPHIC] [TIFF OMITTED] TP14AU02.002
Where:
FELi = The FEL to which the engine family is certified.
Capacityi = The capacity of the fuel tanks.
Productioni = The number of fuel tanks produced in that
model year with a capacity of Capacityi.
(2) Sum the emissions for each unique combination of emission
family and fuel tank capacity.
(3) Use production projections for initial certification, and
actual production volumes to determine compliance at the end of the
model year.
(b) If your average emission level is below the average standard,
calculate credits available for banking according to the following
equation and round them to the nearest tenth of a gram:
[GRAPHIC] [TIFF OMITTED] TP14AU02.003
(c) If your average emission level is above the average standard,
calculate your preliminary credit deficit according to the following
equation, rounding to the nearest tenth of a gram:
[GRAPHIC] [TIFF OMITTED] TP14AU02.004
Sec. 1045.725 What information must I keep?
(a) Maintain and keep five types of properly organized and indexed
records for each group and for each emission family:
(1) Model year and EPA emission family.
(2) Bin standard.
(3) Fuel tank capacity.
(4) Projected production volume for the model year.
[[Page 53112]]
(5) Actual production volume for the model year.
(b) Keep paper records of this information for three years from the
due date for the end-of-year report. You may use any additional storage
formats or media if you like.
(c) Follow Sec. 1045.730 to send us the information you must keep.
(d) We may ask you to keep or send other information necessary to
implement this subpart.
Sec. 1045.730 What information must I report?
(a) Include the following information in your applications for
certification:
(1) A statement that, to the best of your belief, you will not have
a negative credit balance when all credits are calculated. This means
that if you believe that your average emission level will be above the
standard (i.e., that you will have a deficit for the model year), you
must have banked credits (or project to have traded credits) to offset
the deficit.
(2) Detailed calculations of projected emission credits (zero,
positive, or negative) based on production projections.
(i) If you project a credit deficit, state the source of credits
needed to offset the credit deficit.
(ii) If you project credits, state whether you will reserve them
for banking or transfer them.
(b) At the end of each model year, send an end-of-year report.
(1) Make sure your report includes three things:
(i) Calculate in detail your average emission level and any
emission credits (zero, positive, or negative) based on actual
production volumes.
(ii) If your average emission level is above the allowable average
standard, state the source of credits needed to offset the credit
deficit.
(iii) If your average emission level is below the allowable average
standard, state whether you will reserve the credits for banking or
transfer them.
(2) Base your production volumes on the point of first retail sale.
This point is called the final product-purchase location.
(3) Send end-of-year reports to the Designated Officer within 120
days of the end of the model year. If you send reports later, you are
violating the Clean Air Act.
(4) If you generate credits for banking and you do not send your
end-of-year reports within 120 days after the end of the model year,
you may not use or trade the credits until we receive and review your
reports. You may not use projected credits pending our review.
(5) You may correct errors discovered in your end-of-year report,
including errors in calculating credits according to the following
table:
------------------------------------------------------------------------
If. . . And if. . . Then we. . .
------------------------------------------------------------------------
(i) Our review discovers an the discovery occurs restore the credits
error in your end-of-year within 180 days of for your use.
report that increases your receipt.
credit balance.
------------------------------------------------------------------------
(ii) You discover an error the discovery occurs restore the credits
in your report that within 180 days of for your use.
increases your credit receipt.
balance.
------------------------------------------------------------------------
(iii) We or you discover an the discovery occurs do not restore the
error in your report that more than 180 days credits for your
increases your credit after receipt. use.
balance.
------------------------------------------------------------------------
(iv) We discover an error in at any time after reduce your credit
your report that reduces receipt. balance.
your credit balance.
------------------------------------------------------------------------
(6) If our review of your end-of year-report shows a negative
balance, you may buy credits to bring your credit balance to zero. But
you must buy 1.1 credits for each 1.0 credit needed. If enough credits
are not available to bring your credit balance to zero, we may void the
certificates for all families certified to standards above the
allowable average.
(c) Within 90 days of any credit trade or transfer, you must send
the Designated Officer a report of the trade or transfer that includes
three types of information:
(1) The corporate names of the buyer, seller, and any brokers.
(2) Information about the credits that depends on whether you trade
or transfer them.
(i) For trades, describe the banked credits being traded.
(ii) For transfers, calculate the credits in detail and identify
the source or use of the credits.
(3) Copies of contracts related to credit trading or transfer from
the buyer, seller, and broker, as applicable.
(d) Include in each report a statement certifying the accuracy and
authenticity of its contents.
(e) We may void a certificate of conformity for any emission family
if you do not keep the records this section requires or give us the
information when we ask for it.
Subpart I--Definitions and Other Reference Information
Sec. 1045.801 What definitions apply to this part?
The definitions in this section apply to this part. The definitions
apply to all subparts unless we note otherwise. All undefined terms
have the meaning the Act gives to them. The definitions follow:
Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
Adjustable parameter means any device, system, or element of design
that someone can adjust (including those which are difficult to access)
and that, if adjusted, may affect emissions or vessel performance
during emission testing or normal in-use operation.
Aftertreatment means relating to any system, component, or
technology mounted downstream of the exhaust valve or exhaust port
whose design function is to reduce exhaust emissions.
Auxiliary emission-control device means any element of design that
senses temperature, engine rpm, boat speed, transmission gear,
atmospheric pressure, manifold pressure or vacuum, or any other
parameter to activate, modulate, delay, or deactivate the operation of
any part of the emission-control system. This also includes any other
feature that causes in-use emissions to be higher than those measured
under test conditions, except as we allow under this part.
Broker means any entity that facilitates a trade of emission
credits between a buyer and seller.
Calibration means the set of specifications and tolerances specific
to a particular design, version, or application of a component or
assembly capable of functionally describing its operation over its
working range.
[[Page 53113]]
Capacity means the maximum volume of liquid fuel that a fuel tank
can hold when installed in a vessel.
Certification means obtaining a certificate of conformity for an
emission family that complies with the emission standards and
requirements in this part.
Compression-ignition means relating to a type of reciprocating,
internal-combustion vessel that is not a spark-ignition vessel.
Crankcase emissions means airborne substances emitted to the
atmosphere from any part of the vessel crankcase's ventilation or
lubrication systems. The crankcase is the housing for the crankshaft
and other related internal parts.
Designated Officer means the Manager, Engine Compliance Programs
Group (6403-J), U.S. Environmental Protection Agency, 1200 Pennsylvania
Ave., Washington, DC 20460.
Emission-control system means any device, system, or element of
design that controls or reduces the regulated emissions from an vessel.
Emission-data vessel means a vessel, engine, or fuel system that is
tested for certification.
Emission family means a group of vessels, engines or fuel systems
with similar emission characteristics, as specified in Sec. 1045.230.
Emission-related maintenance means maintenance that substantially
affects emissions or is likely to substantially affect emissions
deterioration.
Fuel system means any or all of the components involved in
transporting, metering, and mixing the fuel from the fuel tank to the
combustion chamber(s), including the fuel tank, fuel tank cap, fuel
pump, fuel filters, fuel lines, carburetor or fuel-injection
components, and all fuel-system vents.
Good engineering judgment has the meaning we give it in
Sec. 1068.005 of this chapter.
Hobby vessel means a recreational vessel that is a reduced-scale
model vessel that is not capable of transporting a person.
Hydrocarbon (HC) means the hydrocarbon group on which the emission
standards are based for each fuel type. For gasoline- and LPG-fueled
vessels, HC means total hydrocarbon (THC). For natural gas-fueled
vessels, HC means nonmethane hydrocarbon (NMHC). For alcohol-fueled
vessels, HC means total hydrocarbon equivalent (THCE).
Identification number means a unique specification (for example,
model number/serial number combination) that allows someone to
distinguish a particular vessel from other similar vessels.
Manufacturer has the meaning given in section 216(1) of the Act. In
general, this term includes any person who manufactures a vessel,
engine, or fuel system component for sale in the United States or
otherwise introduces a new vessel, engine, or fuel system component
into commerce in the United States. This includes importers and
entities that treat fuel system components to reduce permeability.
Maximum test power means the power output observed with the maximum
fueling rate possible at the maximum test speed.
Maximum test speed means the speed specified by 40 CFR 1065.515.
Model year means one of the following things:
(1) For freshly manufactured vessels (see definition of ``new
vessel,'' paragraph (1), of this section), model year means one of the
following:
(i) Calendar year.
(ii) Your annual new model production period if it is different
than the calendar year. This must include January 1 of the calendar
year for which the model year is named. It may not begin before January
2 of the previous calendar year and it must end by December 31 of the
named calendar year.
(2) For a vessel modified by an importer (not the original vessel
manufacturer) who has a certificate of conformity for the imported
vessel (see definition of ``new vessel,'' paragraph (2), of this
section), model year means one of the following:
(i) The calendar year in which the importer finishes modifying and
labeling the vessel.
(ii) Your annual production period for producing vessels if it is
different than the calendar year; follow the guidelines in paragraph
(1)(ii) of this definition.
(3) For a vessel you import that does not meet the criteria in
paragraphs (1) or (2) of the definition of ``new vessel'' in this
section, model year means the calendar year in which the manufacturer
completed the original assembly of the vessel. In general, this applies
to used vessels that you import without conversion or major
modification.
New vessel means any of the following things:
(1) A freshly manufactured vessel for which the ultimate buyer has
never received the equitable or legal title. The vessel is no longer
new when the ultimate buyer receives this title or the product is
placed into service, whichever comes first.
(2) An imported vessel covered by a certificate of conformity
issued under this part, where someone other than the original
manufacturer modifies the vessel after its initial assembly and holds
the certificate. The vessel is no longer new when it is placed into
service.
(3) An imported nonroad vessel that is not covered by a certificate
of conformity issued under this part at the time of importation.
Noncompliant vessel means a vessel, engine, or fuel system that was
originally covered by a certificate of conformity, but is not in the
certified configuration or otherwise does not comply with the
conditions of the certificate.
Nonconforming vessel means a vessel, engine, or fuel system not
covered by a certificate of conformity that would otherwise be subject
to emission standards.
Nonroad means relating to nonroad engines or nonroad vehicles.
Nonroad engine has the meaning given in Sec. 1068.025 of this
chapter.
Oxides of nitrogen means nitric oxide (NO) and nitrogen dioxide
(NO2). Oxides of nitrogen are expressed quantitatively as if
the NO were in the form of NO2 (assume a molecular weight
for oxides of nitrogen equivalent to that of NO2).
Physically adjustable range means the entire range over which a
vessel parameter can be adjusted, except as modified by
Sec. 1045.115(c).
Placed into service means used for its intended purpose.
Portable fuel tank means a fuel tank that has a permanently affixed
handle, has a fuel capacity no greater than 12 gallons, and is not
permanently mounted to a marine vessel.
Propulsion marine engine means a marine engine that moves a vessel
through the water or directs the vessel's movement.
Revoke means to discontinue the certificate for an emission family.
If we revoke a certificate, you must apply for a new certificate before
continuing to produce the affected vessels. This does not apply to
vessels you no longer possess.
Round means to round numbers according to ASTM E29-93a, which is
incorporated by reference (see Sec. 1045.810), unless otherwise
specified.
Scheduled maintenance means adjusting, repairing, removing,
disassembling, cleaning, or replacing components or systems that is
periodically needed to keep a part from failing or malfunctioning. It
also may mean actions you expect are necessary to correct an overt
indication of failure or malfunction for which periodic maintenance is
not appropriate.
[[Page 53114]]
Spark-ignition means relating to a type of engine with a spark plug
(or other sparking device) and with operating characteristics
significantly similar to the theoretical Otto combustion cycle. Spark-
ignition engines usually use a throttle to regulate intake air flow to
control power during normal operation.
Spark-ignition marine vessel means marine vessel that is powered by
a spark-ignition engine.
Stoichiometry means the proportion of a mixture of air and fuel
such that the fuel is fully oxidized with no remaining oxygen. For
example, stoichiometric combustion in gasoline vessels typically occurs
at an air-fuel mass ratio of about 14.7.
Suspend means to temporarily discontinue the certificate for an
emission family. If we suspend a certificate, you may not sell vessels
from that emission family unless we reinstate the certificate or
approve a new one.
Test sample means the collection of vessels selected from the
population of an emission family for emission testing.
Test vessel means a vessel, engine, or fuel system in a test
sample.
Total Hydrocarbon Equivalent means the sum of the carbon mass
contributions of non-oxygenated hydrocarbons, alcohols and aldehydes,
or other organic compounds that are measured separately as contained in
a gas sample, expressed as petroleum-fueled vessel hydrocarbons. The
hydrogen-to-carbon ratio of the equivalent hydrocarbon is 1.85:1.
Ultimate buyer means ultimate purchaser.
Ultimate purchaser means, with respect to any new nonroad equipment
or new nonroad vessel, the first person who in good faith purchases
such new nonroad equipment or new nonroad vessel for purposes other
than resale.
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, the U.S. Virgin Islands, and the Trust
Territory of the Pacific Islands.
U.S.-directed production volume means the number of vessel units,
subject to the requirements of this part, produced by a manufacturer
for which the manufacturer has a reasonable assurance that sale was or
will be made to ultimate buyers in the Unites States.
Useful life means the period during which the vessel or engine is
designed to properly function in terms of reliability and fuel
consumption, without being remanufactured, specified as a number of
hours of operation or calendar years. It is the period during which a
new vessel or new engine is required to comply with all applicable
emission standards.
Vessel means marine vessel as defined in the General Provisions of
the United States Code, 1 U.S.C. 3.
Void means to invalidate a certificate or an exemption. If we void
a certificate, all the vessels produced under that emission family for
that model year are considered noncompliant, and you are liable for
each vessel produced under the certificate and may face civil or
criminal penalties or both. If we void an exemption, all the vessels
produced under that exemption are considered uncertified (or
nonconforming), and you are liable for each vessel produced under the
exemption and may face civil or criminal penalties or both. You may not
produce any additional vessels using the voided exemption.
Volatile liquid fuel means any fuel other than diesel or biodiesel
that is a liquid at atmospheric pressure.
Sec. 1045.805 What symbols, acronyms, and abbreviations does this part
use?
The following symbols, acronyms, and abbreviations apply to this
part:
deg.C degrees Celsius.
ASTM American Society for Testing and
Materials.
ATV all-terrain vessel.
cc cubic centimeters.
CO carbon monoxide.
CO2 carbon dioxide.
EPA Environmental Protection Agency.
FEL Family emission limit.
g/kW-hr grams per kilowatt-hour.
LPG liquefied petroleum gas.
m meters.
mm Hg millimeters of mercury.
NMHC nonmethane hydrocarbon.
NMHCE nonmethane hydrocarbon equivalent.
NOX oxides of nitrogen (NO and NO2).
psig pounds per square inch of gauge
pressure.
rpm revolutions per minute.
SAE Society of Automotive Engineers.
SHED Sealed Housing for Evaporative
Determination.
SI spark-ignition.
THC total hydrocarbon.
THCE total hydrocarbon equivalent.
U.S. United States
U.S.C. United States Code.
Sec. 1045.810 What materials does this part reference?
We have incorporated by reference the documents listed in this
section. The Director of the Federal Register approved the
incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1 CFR
part 51. Anyone may inspect copies at U.S. EPA, OAR, Air and Radiation
Docket and Information Center, 401 M Street, SW., Washington, DC 20460;
or Office of the Federal Register, 800 N. Capitol St., NW., 7th Floor,
Suite 700, Washington, DC.
(a) ASTM material. Table 1 of Sec. 1045.810 lists material from the
American Society for Testing and Materials that we have incorporated by
reference. The first column lists the number and name of the material.
The second column lists the sections of this part where we reference
it. The second column is for information only and may not include all
locations. Anyone may receive copies of these materials from American
Society for Testing and Materials, 1916 Race St., Philadelphia, PA
19103. Table 1 follows:
Table 1 of Sec. 1045.810.--ASTM Materials
------------------------------------------------------------------------
Document number and name Part 1045 reference
------------------------------------------------------------------------
ASTM E29-93a, Standard Practice for Using 1045.240,
Significant Digits in Test Data to 1045.315,
Determine Conformance with 1045.345,
Specifications. 1045.410,
1045.415.
------------------------------------------------------------------------
(b) ISO material. [Reserved]
(c) SAE material. [Reserved]
Sec. 1045.815 How should I request EPA to keep my information
confidential?
(a) Clearly show what you consider confidential by marking,
circling, bracketing, stamping, or some other method. We will store
your confidential information as described in 40 CFR part 2. Also, we
will disclose it only as specified in 40 CFR part 2.
(b) If you send us a second copy without the confidential
information, we will assume it contains nothing confidential whenever
we need to release information from it.
(c) If you send us information without claiming it is confidential,
we may make it available to the public without further notice to you,
as described in 40 CFR 2.204.
Sec. 1045.820 How do I request a public hearing?
(a) File a request for a hearing with the Designated Officer within
15 days of a decision to deny, suspend, revoke, or void your
certificate. If you ask later, we may give you a hearing for good
cause, but we do not have to.
(b) Include the following in your request for a public hearing:
(1) State which emission family is involved.
[[Page 53115]]
(2) State the issues you intend to raise. We may limit these
issues, as described elsewhere in this part.
(3) Summarize the evidence supporting your position and state why
you believe this evidence justifies granting or reinstating the
certificate.
(c) We will hold the hearing as described in 40 CFR part 1068,
subpart F.
PART 1051--CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND
VEHICLES
17. The authority citation for part 1051 as proposed at 66 FR 51219
continues to read as follows:
Authority: 42 U.S.C. 7401-7671(q).
Subpart A--[Amended]
18. Section 1051.1 as proposed at 66 FR 51220 is amended by adding
a new paragraph (e) to read as follows:
Sec. 1051.1 Does this part apply to me?
* * * * *
(e) This part also applies to engines under 50 cc used in highway
motorcycles if the manufacturer uses the provisions of 40 CFR 86.447-
2006 to meet the emission standards in this part instead of the
requirements of 40 CFR part 86. Compliance with the provisions of this
part is a required condition of that exemption.
PART 1068--GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS
19. The authority citation for part 1068 as proposed at 66 FR 51252
continues to read as follows:
Authority: 42 U.S.C. 7401-7671(q).
Subpart A--[Amended]
20. Section 1068.1 as proposed at 66 FR 51253 is amended by
revising paragraph (a) to read as follows:
Sec. 1068.1 Does this part apply to me?
(a) The provisions of this part apply to everyone with respect to
the following engines or to equipment using the following engines:
(1) Marine vessels powered by spark-ignition engines we regulate
under 40 CFR 1045.
(2) Large nonroad spark-ignition engines we regulate under 40 CFR
part 1048.
(3) Snowmobiles, all-terrain vehicles, and off-highway motorcycles
we regulate under 40 CFR part 1051.
* * * * *
[FR Doc. 02-19437 Filed 8-13-02; 8:45 am]
BILLING CODE 6560-50-P