[Code of Federal Regulations]

[Title 40, Volume 20]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR89.7]



[Page 46-47]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 89_CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD 

COMPRESSION-IGNITION ENGINES--Table of Contents

 

                            Subpart A_General

 

Sec.  89.7  Treatment of confidential information.



    (a) Any manufacturer may assert that some or all of the information 

submitted pursuant to this part is entitled to confidential treatment as 

provided by part 2, subpart B of this chapter.

    (b) Any claim of confidentiality must accompany the information at 

the time it is submitted to EPA.

    (c) To assert that information submitted pursuant to this part is 

confidential, a manufacturer must indicate clearly the items of 

information claimed confidential by marking, circling, bracketing, 

stamping, or otherwise specifying the confidential information. 

Furthermore, EPA requests, but does not require, that the submitter also 

provide a second copy of its submittal from which all confidential 

information has been deleted. If a need arises to publicly release 

nonconfidential information, EPA will assume that the submitter has 

accurately deleted the confidential information from this second copy.

    (d) If a claim is made that some or all of the information submitted 

pursuant to this part is entitled to confidential treatment, the 

information covered by that confidentiality claim will be disclosed by 

the Administrator only to the extent and by means of the procedures set 

forth in part 2, subpart B of this chapter.

    (e) Information provided without a claim of confidentiality at the 

time of submission may be made available to the public by EPA without 

further notice to the submitter, in accordance with Sec.  

2.204(c)(2)(i)(A) of this chapter.



Appendix A to Subpart A of Part 89--State Regulation of Nonroad Internal 

                           Combustion Engines



    This appendix sets forth the Environmental Protection Agency's 

(EPA's) interpretation of the Clean Air Act regarding the authority of 

states to regulate the use and operation of nonroad engines.

    EPA believes that states are not precluded under section 209 from 

regulating the use and operation of nonroad engines, such as regulations 

on hours of usage, daily mass emission limits, or sulfur limits on fuel; 

nor are permits regulating such operations precluded, once the engine is 

no longer new. EPA believes that states are precluded from requiring 

retrofitting of used nonroad engines except that states are permitted to



[[Page 47]]



adopt and enforce any such retrofitting requirements identical to 

California requirements which have been authorized by EPA under section 

209 of the Clean Air Act.



[62 FR 67736, Dec. 30, 1997]