[Federal Register Volume 75, Number 179 (Thursday, September 16, 2010)]
[Proposed Rules]
[Pages 56491-56494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23127]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 1060
[EPA-HQ-OAR-2010-0270; FRL-9202-3]
RIN 2060-AQ18
Technical Amendments for Marine Spark-Ignition Engines and
Vessels
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: In the final rulemaking for new exhaust and evaporative
emissions standards for nonroad spark-ignition engines, vessels, and
equipment (73 FR 59034, October 8, 2008), EPA established first-ever
evaporative emissions standards for marine vessels. These requirements
included portable marine fuel tanks commonly used in recreational
boating. During their efforts to certify portable fuel tanks to these
new requirements, manufacturers working together on systems integration
identified several technical issues with the performance of the tanks/
fuel systems in use that were not fully apparent to them before these
standards were developed. Systems integration work conducted by the
fuel tank, boat and engine manufacturers highlighted that under some
circumstances there was the potential for fuel spillage to occur. Work
conducted by these parties
[[Page 56492]]
indicated that this issue applies to existing systems and tanks as well
as those built to comply with EPA's evaporative emission design
standard. We have engaged the industry to identify a simple, safe, and
emissions neutral solution to this concern. This proposed action
represents the results of that work and is emissions neutral with
respect to the diurnal emissions standard; however, to the extent that
it helps reduce fuel spillage, incorporating safe recommended practices
will result in a net benefit to the environment and lead to fuel
savings. In the ``Rules and Regulations'' section of this Federal
Register, we are making these technical amendments as a direct final
rule without a prior proposed rule. If we receive no adverse comment,
we will not take further action on this proposed rule.
DATES: Written comments must be received by October 18, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0270, by mail to Environmental Protection Agency, Air Docket,
Mail-code 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Comments may also be submitted electronically or through hand delivery/
courier by following the detailed instructions in the ADDRESSES section
of the direct final rule located in the rules section of this Federal
Register.
FOR FURTHER INFORMATION CONTACT: Michael Samulski, Environmental
Protection Agency, Office of Transportation and Air Quality, Assessment
and Standards Division, 2000 Traverwood Drive, Ann Arbor, Michigan
48105; telephone number: 734-214-4532; fax number: 734-214-4050; email
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this proposed rule?
This document proposes to take action on Technical Amendments for
Marine Spark-Ignition Engines and Vessels. We have published a direct
final rule to modify existing design-based certification requirements
to incorporate safe recommended practices, developed through industry
consensus, for portable marine fuel tanks in the ``Rules and
Regulations'' section of this Federal Register because we view this as
a noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule and it will not take effect. We would address all
public comments in any subsequent final rule based on this proposed
rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
II. Does this action apply to me?
This action will affect companies that manufacture and certify
portable marine fuel tanks for sale in the United States. The following
table gives some examples of entities that may have to follow the
regulations; however, since these are only examples, you should
carefully examine the proposed regulations. You may direct questions
regarding the applicability of this action as noted in FOR FURTHER
INFORMATION CONTACT.
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Category NAICS codes\a\ SIC codes\b\ Examples of potentially regulated entities
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Industry...................... 333618 3519 Manufacturers of new engines.
Industry...................... 336612 3731, 3732 Manufacturers of marine vessels.
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\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.
III. Summary of Rule
In the final rulemaking for new exhaust and evaporative emissions
standards for nonroad spark-ignition engines, vessels, and equipment
(73 FR 59034, October 8, 2008), EPA established first-ever evaporative
emissions standards for marine vessels. These requirements included
portable marine fuel tanks specifically designed for and commonly used
in recreational boating, which are normally used to power gasoline
outboard engines. During their efforts to certify portable fuel tanks
to these new requirements, manufacturers working together on systems
integration identified several technical issues with the performance of
the tanks/fuel systems in use that were not fully apparent to them
before these standards were developed. Systems integration work
conducted by the fuel tank, boat and engine manufacturers highlighted
that under some circumstances there was the potential for fuel spillage
to occur. Work conducted by these parties indicated that this issue
applies to existing fuel systems and tanks as well as those built to
comply with EPA's evaporative emission design standard. We have engaged
the industry to identify a simple, safe, and emissions neutral solution
to this concern. This action is emissions neutral with respect to the
diurnal emissions standard; however, to the extent that it helps reduce
fuel spillage, incorporating safe recommended practices will result in
a net benefit to the environment and lead to fuel savings.
EPA is proposing to make technical amendments to the design
standard for portable tanks that will allow for this solution.
Specifically, we are proposing to revise the text in Sec.
1060.105(c)(1) to allow for an integrated or external manually
activated device to be included in the fuel tank design to temporarily
relieve pressure prior to fuel filling or connection to the engine.
In addition, we are proposing to incorporate safe recommended
practices, developed through industry consensus, for portable marine
fuel tanks. Specifically, we are proposing to reference the ABYC H25
pressure relief method system testing and informational (e.g. labeling)
provisions into our regulations.\1\
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\1\ American Boat and Yacht Council (ABYC), ``ABYC H-25:
Portable Marine Gasoline Fuel Systems,'' July, 2010.
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EPA does not expect that this action would have an adverse cost
impact to the manufacturers beyond that envisioned in the original
rule. This proposed rule would merely modify existing design-based
certification requirements to incorporate safe recommended practices,
developed through industry consensus, for portable marine fuel tanks.
Adopting these amendments would lead to environmental, cost, and safety
benefits through reduced fuel spillage.
[[Page 56493]]
For additional discussion of the proposed rule changes, see the
direct final rule EPA has published in the ``Rules and Regulations''
section of today's Federal Register. This proposal incorporates by
reference all the reasoning, explanation, and regulatory text from the
direct final rule.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under the EO. This proposed rule
merely modifies existing design-based certification requirements to
incorporate safe recommended practices, developed through industry
consensus, for portable marine fuel tanks. There are no costs with this
proposed rule beyond those envisioned in the original rule.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This proposed rule does not
include any new collection requirements, as it would simply modify
existing design-based certification requirements to incorporate safe
recommended practices, developed through industry consensus, for
portable marine fuel tanks. There are no new paperwork requirements
associated with this proposed rule.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (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 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 today's proposed rule on
small entities, small entity is defined as: (1) A small as defined by
the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (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.
After considering the economic impacts of today's proposed rule on
small entities, EPA has concluded that this proposed rule would not
have a significant economic impact on a substantial number of small
entities. In determining whether a rule has a significant economic
impact on a substantial number of small entities, the impact of concern
is any significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
This proposed rule would merely modify existing design-based
certification requirements to incorporate safe recommended practices,
developed through industry consensus, for portable marine fuel tanks.
We have therefore concluded that today's final rule will not increase
regulatory burden for affected small entities.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This proposed rule
would merely modify existing design-based certification requirements to
incorporate safe recommended practices, developed through industry
consensus, for portable marine fuel tanks.
E. Executive Order 13132: Federalism
This proposed rule does not have federalism implications. It would
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. This proposed rule would merely
modify existing design-based certification requirements to incorporate
safe recommended practices, developed through industry consensus, for
portable marine fuel tanks. Thus, Executive Order 13132 does not apply
to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed
rule would merely modify existing design-based certification
requirements to incorporate safe recommended practices, developed
through industry consensus, for portable marine fuel tanks. Thus,
Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in EO
12866, and because the Agency does not believe the environmental health
or safety risks addressed by this action present a disproportionate
risk to children. This proposed rule would merely modify existing
design-based certification requirements to incorporate safe recommended
practices, developed through industry consensus, for portable marine
fuel tanks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do 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
[[Page 56494]]
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This proposed rulemaking involves technical standards. This
proposed rule would modify existing design-based certification
requirements to incorporate safe recommended practices, developed
through industry consensus, for portable marine fuel tanks.
Specifically, it incorporates by reference ABYC H-25, ``Portable Marine
Gasoline Fuel Systems,'' July, 2010. Anyone may purchase copies of
these materials from the American Boat and Yacht Council, 613 Third
Street, Suite 10 Annapolis, MD 21403 or http://www.abycinc.org/.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule would not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. This proposed rule would merely modify existing
design-based certification requirements to incorporate safe recommended
practices, developed through industry consensus, for portable marine
fuel tanks.
K. Statutory Authority
The statutory authority for this action comes from section 213 of
the Clean Air Act as amended (42 U.S.C. 7547). This action is a
rulemaking subject to the provisions of Clean Air Act section 307(d).
See 42 U.S.C. 7607(d).
List of Subjects in 40 CFR Part 1060
Environmental protection, Air pollution control, Incorporation by
reference, Marine spark-ignition engines and vessels.
Dated: September 9, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-23127 Filed 9-15-10; 8:45 am]
BILLING CODE 6560-50-P