Test Procedures for Testing Highway and Nonroad Engines and Omnibus Technical Amendments, 40420-40612 [05-11534]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Rules and Regulations]
[Pages 40420-40612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11534]



[[Page 40419]]

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Part II





Environmental Protection Agency





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40 CFR Parts 85, 86, et al.



Test Procedures for Testing Highway and Nonroad Engines and Omnibus 
Technical Amendments; Final Rule

Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / 
Rules and Regulations

[[Page 40420]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 85, 86, 89, 90, 91, 92, 94, 1039, 1048, 1051, 1065, 
and 1068

[AMS-FRL-7922-5]
RIN 2060-AM35


Test Procedures for Testing Highway and Nonroad Engines and 
Omnibus Technical Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final Rule.

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SUMMARY: This regulation revises and harmonizes test procedures from 
the various EPA programs for controlling engine emissions. It does not 
change emission standards, nor is it intended to change the emission 
reductions expected from these EPA programs. Rather, it amends the 
regulations that describe laboratory specifications for equipment and 
test fuels, instructions for preparing engines and running tests, 
calculations for determining final emission levels from measured 
values, and instructions for running emission tests using portable 
measurement devices outside the laboratory. These updated testing 
regulations currently apply to land-based nonroad diesel engines, land-
based nonroad spark-ignition engines over 19 kilowatts, and 
recreational vehicles. The revisions in this final rule will update the 
regulations to deal more effectively with the more stringent standards 
recently promulgated by EPA and will also clarify and better define 
certain elements of the required test procedures. In particular, the 
amendments better specify the procedures applicable to field testing 
under the regulations.
    This action also applies the updated testing regulations to highway 
heavy-duty diesel engine regulations. This action is appropriate 
because EPA has historically drafted a full set of testing 
specifications for each vehicle or engine category subject to emission 
standards as each program was developed over the past three decades. 
This patchwork approach has led to some variation in test parameters 
across programs, which we hope to address by adopting a common set of 
test requirements. The primary goal of this effort is to create unified 
testing requirements for all engines, which when implemented will 
streamline laboratory efforts for EPA and industry.
    This action will also include other technical changes intended to 
clarify and better define requirements for several different EPA engine 
programs. These changes are relatively minor and are technical in 
scope.

DATES: This final rule is effective September 12, 2005.
    The incorporation by reference of certain publications listed in 
this regulation is approved by the Director of the Federal Register as 
of September 12, 2005.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. OAR-2004-0017. All documents in the docket are listed in the 
EDOCKET index at https://www.epa.gov/edocket. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
EDOCKET or in hard copy at the Air Docket in the EPA Docket Center, 
EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Alan Stout, U.S. EPA, Voice-mail (734) 
214-4636; E-mail: stout.alan@epa.gov.

SUPPLEMENTARY INFORMATION:

A. Regulated Entities

    This action affects companies that manufacture or sell engines. 
Regulated categories and entities include:

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                                                         Examples of
            Category                NAICS codes a        potentially
                                                      regulated entities
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Industry.......................  333618............  Manufacturers of
                                                      new engines.
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a North American Industry Classification System (NAICS)

    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 examine the regulations. You may direct 
questions regarding the applicability of this action to the person 
listed in FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. OAR-2004-0017. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Documents in the official 
public docket are listed in the index list in EPA's electronic public 
docket and comment system, EDOCKET. Documents may be available either 
electronically or in hard copy. Electronic documents may be viewed 
through EDOCKET. Hard copy documents may be viewed at the EPA Docket 
Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC. Docket in The EPA Docket Center Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744.
    This rule relies in part on information related to our November 
2002 final rule, which can be found in Public Docket A-2000-01. This 
docket is incorporated by reference into the docket for this action, 
OAR-2004-0017.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at https://www.epa.gov/fedrgstr/ Or you can go to the federal-
wide eRulemaking site at www.regulations.gov.
    An electronic version of the public docket is available through 
EDOCKET. You may use EDOCKET at https://www.epa.gov/edocket/ to view 
public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once in the system, select 
``search,'' then key in the appropriate docket identification number.

Table of Contents

I. Modified Test Procedures for Highway and Nonroad Engines
    A. Incorporation of Nonroad Test Procedures for Heavy Duty 
Highway Engines
    B. Revisions to Part 1065
II. Technical Amendments
    A. Standard-Setting Changes that Apply to Multiple Categories

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    B. Nonroad general compliance provisions (40 CFR part 1068)
    C. Land-based nonroad diesel engines (40 CFR parts 89 and 1039)
    D. Marine diesel engines (40 CFR part 94)
    E. Small nonroad spark-ignition engines (40 CFR part 90)
    F. Marine spark-ignition engines (40 CFR part 91)
    G. Large nonroad spark-ignition engines (40 CFR part 1048)
    H. Recreational vehicles (40 CFR part 1051)
    I. Locomotives (40 CFR part 92)
    J. Highway engines and vehicles (40 CFR part 86)
III. Public Participation
IV. Statutory and Executive Order Reviews
V. Statutory Provisions and Legal Authority

I. Modified Test Procedures for Highway and Nonroad Engines

A. Incorporation of Nonroad Test Procedures for Heavy Duty Highway 
Engines

    As part of our initiative to update the content, organization and 
writing style of our regulations, we are revising our test 
procedures.\1\ We have grouped all of our engine dynamometer and field 
testing test procedures into one part entitled, ``Part 1065: Test 
Procedures.'' For each engine or vehicle sector for which we have 
recently promulgated standards (such as land-based nonroad diesel 
engines or recreational vehicles), we identified an individual part as 
the standard-setting part for that sector. These standard-setting parts 
then refer to one common set of test procedures in part 1065. We intend 
in this rule to continue this process of having all our engine programs 
refer to a common set of procedures by applying part 1065 to all heavy-
duty highway engines.
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    \1\ For an overview of our new regulatory organization, refer to 
our fact sheet entitled, ``Plain-Language Format of Emission 
Regulations for Nonroad Engines,'' EPA420-F-02-046, September 2002, 
https://www.epa.gov/otaq/largesi.htm.
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    In the past, each engine or vehicle sector had its own set of 
testing procedures. There are many similarities in test procedures 
across the various sectors. However, as we introduced new regulations 
for individual sectors, the more recent regulations featured test 
procedure updates and improvements that the other sectors did not have. 
As this process continued, we recognized that a single set of test 
procedures would allow for improvements to occur simultaneously across 
engine and vehicle sectors. A single set of test procedures is easier 
to understand than trying to understand many different sets of 
procedures, and it is easier to move toward international test 
procedure harmonization if we only have one set of test procedures. We 
note that procedures that are particular for different types of engines 
or vehicles, for example, test schedules designed to reflect the 
conditions expected in use for particular types of vehicles or engines, 
will remain separate and will be reflected in the standard-setting 
parts of the regulations.
    In addition to reorganizing and rewriting the test procedures for 
improved clarity, we are making a variety of changes to improve the 
content of the testing specifications, including the following:
     Writing specifications and calculations in international 
units
     Adding procedures by which manufacturers can demonstrate 
that alternate test procedures are equivalent to specified procedures.
     Including specifications for new measurement technology 
that has been shown to be equivalent or more accurate than existing 
technology; procedures that improve test repeatability, calculations 
that simplify emissions determination; new procedures for field testing 
engines, and a more comprehensive set of definitions, references, and 
symbols.
     Defining calibration and accuracy specifications that are 
scaled to the applicable standard, which allows us to adopt a single 
specification that applies to a wide range of engine sizes and 
applications.
    Some emission-control programs already rely on the test procedures 
in part 1065. These programs regulate land-based nonroad diesel 
engines, recreational vehicles, and nonroad spark-ignition engines over 
19 kW.
    We are adopting the lab-testing and field-testing specifications in 
part 1065 for all heavy-duty highway engines, as described in Section 
II.J. These procedures replace those currently published in subpart N 
in 40 CFR part 86. We are making a gradual transition from the part 86 
procedures. For several years, manufacturers will be able to optionally 
use the part 1065 procedures. By the 2010 model year, part 1065 
procedures will be required for any new testing. For all testing 
completed for 2009 and earlier model years, manufacturers may continue 
to rely on carryover test data based on part 86 procedures to certify 
engine families in later years. In addition, other subparts in part 86, 
as well as regulations for many different nonroad engines refer to the 
test procedures in part 86. We are including updated references for all 
these other programs to refer instead to the appropriate cite in part 
1065.
    Part 1065 is also advantageous for in-use testing because it 
specifies the same procedures for all common parts of field testing and 
laboratory testing. It also contains new provisions that help ensure 
that engines are tested in a laboratory in a way that is consistent 
with how they operate in use. These new provisions will ensure that 
engine dynamometer lab testing and field testing are conducted in a 
consistent way.
    In the future, we may apply the test procedures specified in part 
1065 to other types of engines, so we encourage companies involved in 
producing or testing other engines to stay informed of developments 
related to these test procedures. For example, we expect to propose in 
the near future new regulations for locomotives, marine engines, and 
several types of nonroad SI engines. We are likely to consider some 
changes to part 1065 in each of these rulemakings.

B. Revisions to Part 1065

    Part 1065 was originally adopted on November 8, 2002 (67 FR 68242), 
and was initially applicable to standards regulating large nonroad 
spark-ignition engines and recreational vehicles under 40 CFR parts 
1048 and 1051. The recent rulemaking adopting emission standards for 
nonroad diesel engines has also made part 1065 optional for Tier 2 and 
Tier 3 standards and required for Tier 4 standards. The test procedures 
initially adopted in part 1065 were sufficient to conduct testing, but 
in this final rule we have reorganized these procedures and added 
content to make various improvements. In particular, we have 
reorganized part 1065 by subparts as shown below:

Subpart A: general provisions; global information on applicability, 
alternate procedures, units of measure, etc.
Subpart B: equipment specifications; required hardware for testing
Subpart C: measurement instruments
Subpart D: calibration and verifications; for measurement systems
Subpart E: engine selection, preparation, and maintenance
Subpart F: test protocols; step-by-step sequences for laboratory 
testing and test validation
Subpart G: calculations and required information
Subpart H: fuels, fluids, and analytical gases
Subpart I: oxygenated fuels; special test procedures
Subpart J: field testing and portable emissions measurement systems
Subpart K: definitions, references, and symbols

    The regulations now prescribe scaled specifications for test 
equipment and measurement instruments by parameters such as engine 
power, engine speed and the emission standards to which an engine must 
comply. That way this single set of specifications will cover the

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full range of engine sizes and our full range of emission standards. 
Manufacturers will be able to use these specifications to determine 
what range of engines and emission standards may be tested using a 
given laboratory or field testing system.
    The new content for part 1065 is mostly a combination of content 
from our most recent updates to other test procedures and from test 
procedures specified by the International Organization for 
Standardization (ISO). In some cases, however, there is new content 
that never existed in previous regulations. This new content addresses 
very recent issues such as measuring very low concentrations of 
emissions, using new measurement technology, using portable emissions 
measurement systems, and performing field testing. A full description 
of the changes is in the Technical Support Document that accompanies 
this final rule (this document is available in the docket for this 
rulemaking).
    The new content also reflects a shift in our approach for 
specifying measurement performance. In the past we specified numerous 
calibration accuracies for individual measurement instruments, and we 
specified some verifications for individual components, such as 
NO2 to NO converters. We have shifted our focus away from 
individual instruments and toward the overall performance of complete 
measurement systems. We did this for several reasons. First, some of 
what we specified in the past precluded the implementation of new 
measurement technologies. These new technologies, sometimes called 
``smart analyzers'', combine signals from multiple instruments to 
compensate for interferences that were previously tolerable at higher 
emissions levels. These analyzers are useful for detecting low 
concentrations of emissions. They are also useful for detecting 
emissions from raw exhaust, which can contain high concentrations of 
interferences, such as water vapor. This is particularly important for 
field testing, which will most likely rely upon raw exhaust 
measurements. Second, this new ``systems approach'' challenges complete 
measurement systems with a series of periodic verifications, which we 
feel will provide a more robust assurance that a measurement system as 
a whole is operating properly. Third, the systems approach provides a 
direct pathway to demonstrate that a field test system performs 
similarly to a laboratory system. This is explained in more detail in 
item 10 below. Finally, we feel that our systems approach will lead to 
a more efficient way of assuring measurement performance in the 
laboratory and in the field. We believe that this efficiency will stem 
from less frequent individual instrument calibrations, and higher 
confidence that a complete measurement system is operating properly.
    We have organized the new content relating to measurement systems 
performance into subparts C and D. We specify measurement instruments 
in subpart C and calibrations and periodic system verifications in 
subpart D. These two subparts apply to both laboratory and field 
testing. We have organized content specific to running a laboratory 
emissions test in subpart F, and we separated content specific to field 
testing in subpart J.
    In subpart C we specify the types of acceptable instruments, but we 
only recommend individual instrument performance. We provide these 
recommendations as guidance for procuring new instruments. We feel that 
the periodic verifications that we require in subpart D will 
sufficiently evaluate the individual instruments as part of their 
respective overall measurement systems. In subpart F we specify 
performance validations that must be conducted as part of every 
laboratory test. In subpart J we specify similar performance 
validations for field testing that must be conducted as part of every 
field test. We feel that the periodic verifications in subpart D and 
the validations for every test that we prescribed in subparts F and J 
ensure that complete measurement systems are operating properly.
    In subpart J we also specify an additional overall verification of 
portable emissions measurement systems (PEMS). This verification is a 
comprehensive comparison of a PEMS versus a laboratory system, and it 
may take several days of laboratory time to set up, run, and evaluate. 
However, we only require that this particular verification must be 
performed at least once for a given make, model, and configuration of a 
field test system.
    Below is a brief description of the content of each subpart, 
highlighting some of the new content. We also highlight the more 
significant changes from the regulatory language that was proposed in 
our responses to public comments. See the TSD for a more complete 
listing of the changes and comments to our proposed part 1065.
1. Subpart A: General Provisions
    In Subpart A we identify the applicability of part 1065 and 
describe how procedures other than those in part 1065 may be used to 
comply with a standard-setting part. In Sec.  1065.10(c)(1), we specify 
that testing must be conducted in a way that represents in-use engine 
operation, such that in the rare case where provisions in part 1065 
result in unrepresentative testing, other procedures would be used. We 
have revised the proposed regulatory language for this requirement to 
clarify the manufacturers' requirements and the process that we would 
use to make changes to the test procedures in these cases.
    Other information in this subpart includes a description of the 
conventions we use regarding units and certain measurements and we 
discuss recordkeeping. We also provide an overview of how emissions and 
other information are used to determine final emission results. The 
regulations in Sec.  1065.15 include a figure illustrating the 
different ways we allow brake-specific emissions to be calculated.
    In this same subpart, we describe how continuous and batch sampling 
may be used to determine total emissions. We also describe the two ways 
of determining total work that we approve. Note that the figure 
indicates our default procedures and those procedures that require 
additional approval before we will allow them.
2. Subpart B: Equipment Specifications
    Subpart B first describes engine and dynamometer related systems. 
Many of these specifications are scaled to an engine's size, speed, 
torque, exhaust flow rate, etc. We specify the use of in-use engine 
subsystems such as air intake systems wherever possible in order to 
best represent in-use operation when an engine is tested in a 
laboratory.
    Subpart B also describes sampling dilution systems. These include 
specifications for the allowable components, materials, pressures, and 
temperatures. We describe how to sample crankcase emissions. We also 
now allow limited use of partial-flow dilution for PM sampling. Subpart 
B also specifies environmental conditions for PM filter stabilization 
and weighing. Although these provisions mostly come from our recent 
update to part 86, subpart N, we also describe some new aspects in 
detail.
    The regulations in Sec.  1065.101 include a diagram illustrating 
all the available equipment for measuring emissions.
3. Subpart C: Measurement Instruments
    Subpart C specifies the requirements for the measurement 
instruments used for testing. In subpart C we recommend accuracy, 
repeatability, noise, and response time specifications for individual 
measurement instruments, but note that we require that overall

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measurement systems meet the calibrations and verifications Subpart D.
    In some cases we allow new instrument types to be used where we 
previously did not allow them. For example, we now allow the use of a 
nonmethane cutter for NMHC measurement, a nondispersive ultraviolet 
analyzers for NOX measurement, zirconia sensors for 
O2 measurement, various raw-exhaust flow meters for 
laboratory and field testing measurement, and an ultrasonic flow meter 
for CVS systems. We had proposed to also allow zirconia sensors for 
NOX measurement, but we are not finalizing that option at 
this time because of manufacturer concerns about drift and sensor 
response to NO2 and NH3.
4. Subpart D: Calibrations and Verifications
    Subpart D describes what we mean when we specify accuracy, 
repeatability and other parameters in subpart C. We are adopting 
calibrations and verifications that scale with engine size and with the 
emission standards to which an engine is certified. We are replacing 
some of what we have called ``calibrations'' in the past with a series 
of verifications, such as a linearity verification, which essentially 
verifies the calibration of an instrument without specifying how the 
instrument must be initially calibrated. Because new instruments have 
built-in routines that linearize signals and compensate for various 
interferences, our existing calibration specifications sometimes 
conflicted with an instrument manufacturer's instructions. In addition, 
there are new verifications in subpart D to ensure that the new 
instruments we specify in subpart C are used correctly. The most 
significant changes in this subpart from the proposal are that we split 
the language for continuous gas analyzer verification into two sections 
(Sec. Sec.  1065.308 and 1065.309), we provide more detailed 
descriptions for the FID O2 interference verifications 
(Sec.  1065.362) and NMHC cutter setups (Sec.  1065.365), and we added 
Sec.  1065.395 for inertial PM balance verification.
5. Subpart E: Engine Selection, Preparation, and Maintenance
    Subpart E describes how to select, prepare, and maintain a test 
engine. We updated these provisions to include both gasoline and diesel 
engines. This subpart is relatively short, and we did not make many 
changes to its proposed content.
6. Subpart F Test Protocols
    Subpart F describes the step-by-step protocols for engine mapping, 
test cycle generation, test cycle validation, pre-test preconditioning, 
engine starting, emission sampling, and post-test validations. We 
proposed an improved way to map and generate cycles for constant-speed 
engines that would better represent in-use engine operation. We have 
modified this language slightly to reflect the different ways in which 
constant-speed test cycles can be specified. We are adopting a more 
streamlined set of test cycle and validation criteria. We allow modest 
corrections for drift of emission analyzer signals within a certain 
range. We are also adopting a recommended procedure for weighing PM 
samples. We are not finalizing our proposed procedure to correct for 
instrument noise because after receiving many comments, we now 
acknowledge that the procedure is not robust and applicable to all 
emissions.
7. Subpart G Calculations and Required Information
    Subpart G includes all the calculations required in part 1065. We 
are adopting definitions of statistical quantities such as mean, 
standard deviation, slope, intercept, t-test, F-test, etc. By defining 
these quantities mathematically we intend to resolve any potential mis-
communication when we discuss these quantities in other subparts. We 
have written all calculations for calibrations and emission 
calculations in international units to comply with 15 CFR part 1170, 
which removes the voluntary aspect of the conversion to international 
units for federal agencies. Furthermore, Executive Order 12770 (56 FR 
35801, July 29, 1991) reinforces this policy by providing Presidential 
authority and direction for the use of the metric system of measurement 
by Federal agencies and departments. For our standards that are not 
completely in international units (i.e., grams/horsepower-hour, grams/
mile), we specify in part 1065 the correct use of internationally 
recognized conversion factors.
    We also specify emission calculations based on molar quantities for 
flow rates, instead of volume or mass. This change eliminates the 
frequent confusion caused by using different reference points for 
standard pressure and standard temperature. Instead of declaring 
standard densities at standard pressure and standard temperature to 
convert volumetric concentration measurements to mass-based units, we 
declare molar masses for individual elements and compounds. Since these 
values are independent of all other parameters, they are known to be 
universally constant.
    We have added some detail to the calculations relative to the 
proposed calculations to make them clearer. We also made changes in 
response to comments from manufacturers.
8. Subpart H Fuels, Fluids, and Analytical Gases
    Subpart H specifies test fuels, lubricating oils and coolants, and 
analytical gases for testing. We are eliminating the Cetane Index 
specification for all diesel fuels, because the existing specification 
for Cetane Number sufficiently determines the cetane levels of diesel 
test fuels. We are not identifying any detailed specification for 
service accumulation fuel. Instead, we specify that service 
accumulation fuel may be a test fuel or a commercially available in-use 
fuel. This helps ensure that testing is representative of in-use engine 
operation. We are adding a list of ASTM specifications for in-use fuels 
as examples of appropriate service accumulation fuels. Compared to the 
proposed regulatory language, we have clarified that Sec.  
1065.10(c)(1) does not require test fuels to be more representative 
than the specified test fuels. We have added an allowance to use 
similar test fuels that do not meet all of the specifications, provided 
they do not compromise the manufacturer's ability to demonstrate 
compliance. We also now allow the use of ASTM test methods specified in 
40 CFR part 80 in lieu of those specified in part 1065. We did this 
because we more frequently review and update the ASTM methods in 40 CFR 
part 80 versus those in part 1065.
    We proposed purity specifications for analytical gases that scale 
with the standards that an engine must meet. In the final regulations, 
we have clarified the requirement to use good engineering judgment to 
maintain the stability of these gases, and have tightened the purity 
specification for FID fuel in response to comment.
9. Subpart I Oxygenated Fuels
    Subpart I describes special procedures for measuring certain 
hydrocarbons whenever oxygenated fuels are used. We updated the 
calculations for these procedures in Subpart G. We have made some 
revisions to the proposed text to make it consistent the original 
content of the comparable provisions in 40 CFR part 86. We have also 
added an allowance to use the California NMOG

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test procedures to measure alcohols and carbonyls.
10. Subpart J Field Testing and Portable Emissions Measurement Systems
    We are adopting a wide range of changes to subpart J Field Testing. 
Portable Emissions Measurement Systems (PEMS) must generally meet the 
same specifications and verifications that laboratory instruments must 
meet, according to subparts B, C, and D. However, allow some deviations 
from laboratory specifications. In addition to meeting many of the 
laboratory system requirements, a PEMS must meet an overall 
verification relative to a laboratory measurements. This verification 
involves repeating a duty cycle several times. The duty cycle itself 
must have several individual field-test intervals (e.g., NTE events) 
against which a PEMS is compared to the laboratory system. This is a 
comprehensive verification of a PEMS. We are also adopting a procedure 
for preparing and conducting a field test, and we are adopting drift 
corrections for emission analyzers. Given the evolving state of PEMS 
technology, the field-testing procedures provide for a number of known 
measurement techniques. We have added provisions and conditions for the 
use of PEMS in an engine dynamometer laboratory to conduct laboratory 
testing.
11. Subpart K Definitions, References, and Symbols
    In subpart K we are adopting new and revised definitions of terms 
frequently used in part 1065. For example we have revised our 
definitions of ``brake power'', ``constant-speed engine'', and 
``aftertreatment'' to provide more clarity, and we have added new 
definitions for things such as ``300 series stainless steel'', 
``barometric pressure'', and ``operator demand''. There are new 
definitions such as ``duty cycle'' and ``test interval'' to distinguish 
the difference between a single interval over which brake-specific 
emissions are calculated and the complete cycle over which emissions 
are evaluated in a laboratory. We also present a thorough and 
consistent set of symbols, abbreviations, and acronyms.

II. Technical Amendments

A. Standard-Setting Changes That Apply to Multiple Categories

1. Definitions
    We are revising several definitions that apply over more than one 
part of our regulations. These changes are designed to harmonize our 
regulations.
    We are changing the definition of Marine engine and Marine vessel 
to harmonize our approach to amphibious vehicles and clarify other 
issues. We have treated amphibious vehicles differently whether they 
had a diesel engine or a spark-ignition engine. We are harmonizing our 
treatment of amphibious vehicles by consistently treating these as 
land-based products. We are also adding a provision defining amphibious 
vehicles are those that are designed primarily for operation on land to 
clarify that we don't consider hovercraft to be amphibious vehicles. 
This is consistent with our intent and our analyses in the rulemaking 
to initially set standards for these products. See the Technical 
Support Document for additional information related to these 
definitions. In particular, note that we describe our interpretation of 
what it means for an engine to be ``installed in a marine vessel.'' 
Manufacturers have raised several questions related to this issue, 
especially as it relates to portable engines installed on barges.
2. Penalties
    The Clean Air Act specifies maximum penalty amounts corresponding 
to each prohibited Act. These maximum penalty amounts are periodically 
adjusted for inflation, based on the provisions of the Debt Collection 
Improvement Act. These maximum penalties have been updated under 40 CFR 
part 19. The new maximum penalties are $32,500 for introducing 
noncompliant engines into commerce and for manufacturers guilty of 
tampering, and $2,750 for non-manufacturers guilty of tampering. In 
addition, the maximum penalty we can recover using administrative 
procedures is $270,000. We are extending these revised penalties into 
each of our emission-control programs.
3. Deterioration Factors for HC+NOX Standards
    Manufacturers requested that we allow them to calculate a single 
deterioration factor for engines that are subject to combined 
HC+NOX emission standards, rather than calculating separate 
deterioration factors for each pollutant. We proposed for some engines 
to clarify that separate deterioration factors were appropriate. In the 
case of spark-ignition engines, it is especially true that changing 
carburetor calibrations and other things affecting air-fuel ratios have 
a direct inverse relationship on HC and NOX emissions. Where 
deterioration factors are based on service accumulation through the 
entire useful life, we believe it is therefore appropriate to base 
deterioration factors for spark-ignition engines subject to 
HC+NOX emission standards on a single deterioration factor 
for the combined pollutants. However, if deteriortion factors are based 
on service accumulation over less than the full useful life, we want to 
avoid the situation where a manufacturer is extrapolating values that 
presume further improvement in the emission levels of any particular 
pollutant. For such testing, we therefore specify that separate 
deterioration factors for each pollutant are appropriate. We are making 
a related, additional change to clarify that manufacturers must include 
both low-hour and deteriorated emission measurements for each 
pollutant, even if the regulations allow for a single deterioration 
factor for HC+NOX emissions together. Compression-ignition 
engines have different wear mechanisms and generally have much longer 
useful-life values, so it is not clear that this approach to allowing 
combined deterioration factor is appropriate for these engines. We may 
further consider applying this change to compression-ignition engines 
in a future rulemaking.
4. Emission Warranty Related to Extended Service Contracts
    Manufacturers objected to our proposal to apply emission-related 
warranty requirements to components for which a consumer pays for an 
extended performance warranty. We agree with the point raised by the 
manufacturers that these service contracts do not necessarily imply 
that the part should last longer, but rather that the manufacturer (or 
a third-party provider) has made a calculation regarding the financial 
and customer service benefits of offering contracts that provide free 
or reduced-cost coverage for certain components after collecting an up-
front charge. We will remove this provision across all engine 
categories.
5. Exemption for Staged Assembly
    Some manufacturers pointed out that they were facing difficulties 
with production processes that required them to ship nearly completed 
engines to one or more different facilities for final assembly. Without 
an exemption, this would violate the applicable prohibited acts, since 
it involves the introduction into commerce an engine that is not in its 
certified configuration. To address this concern, we have adopted an 
exemption that allows manufacturers to assemble engines at multiple 
facilities, as long as they maintain control of the engines at all 
times before final assembly. Manufacturers would need to

[[Page 40425]]

request approval for such an arrangement. EPA approval may be 
conditioned on the manufacturer taking reasonable additional steps to 
ensure that engines end up in their certified configuration. This 
exemption applies to all the engine categories that are subject to 40 
CFR part 1068 (as described in the next section), and to locomotives 
and marine diesel engines.

B. Nonroad General Compliance Provisions (40 CFR Part 1068)

    In addition to the changing test procedures described above, we are 
making various changes to the general compliance provisions in 40 CFR 
part 1068, which currently applies to land-based nonroad diesel 
engines, recreational vehicles, and nonroad spark-ignition engines over 
19 kW. We encourage manufacturers of other engines to take note of 
these changes, since we intend eventually to apply the provisions of 
part 1068 to all engines subject to EPA emission standards.
    There was extensive comment related to the existing provisions in 
Sec.  1068.260 related to the exemption that allows engine 
manufacturers to arrange for shipment of aftertreatment devices 
separately from engines that are intended to rely on aftertreatment. 
Commenters suggested that we relax some of the provisions that were 
intended to prevent noncompliance. We continue to believe the 
provisions adopted in Sec.  1068.260 are appropriate for nonroad 
engines. The more extensive oversight and control mechanisms are 
important to ensuring that engines are assembled correctly, since there 
are so many possible equipment manufacturers and so many different 
business relationships among companies. Given that we are requiring 
engine manufacturers to include the cost of aftertreatment components 
in the price of the engine, we believe it is implicitly clear that the 
engine manufacturer is responsible for shipping costs, so we have 
removed the proposal to restate that in the regulations. We are making 
three other adjustments to the proposal. First, we are removing the 
requirement for engine manufacturers to arrange for direct shipment of 
aftertreatment components from the supplier to the equipment 
manufacturer, since a third party may appropriately be involved to 
produce system assemblies for integration into equipment. Second, we 
are adding a paragraph to clarify that integrated manufacturers can 
meet their auditing requirements by maintaining a database for matching 
up engines with the appropriate aftertreatment components. Third, we 
are adopting the staged-assembly exemption, as described above, which 
would streamline the production process for integrated engine and 
equipment manufacturers and address a wide range of production 
scenarios in addition to separate shipment of aftertreatment 
components.
    The changes to part 1068 include several other minor adjustments 
and corrections. These changes are described in the Technical Support 
Document.

C. Land-Based Nonroad Diesel Engines (40 CFR Parts 89 and 1039)

    We recently adopted a new tier of emission standards for nonroad 
diesel engines, codifying these standards in 40 CFR part 1039. This 
rulemaking led us to make several regulatory changes to the existing 
tiers of standards for these engines in 40 CFR part 89. In cases where 
we discovered the need for changes after publishing the proposed rule, 
but we did not make those changes to part 89 in the final rule out of 
concern that the public had not had an opportunity for comment. 
Similarly, we are adopting some adjustments to part 1039, based on 
information that surfaced late in that rulemaking. See the Technical 
Support Document for a complete discussion of the rulemaking changes 
for these engines.
    We proposed to add a constraint for averaging, banking, and trading 
to prevent manufacturers from including credits earned in California or 
another state if there would ever be a situation in which manufacturers 
would be making engines with lower emissions to meet more stringent 
state standards or to earn emission credits under the state program. In 
the case of nonroad diesel engines, California has adopted our Tier 4 
standards without an emission-credit program that does not involve 
California-specific credit calculations. The proposed provision would 
therefore have no effect for the foreseeable future. We have decided 
not to adopt the proposed provision, but expect to pursue this if 
California adopts more stringent standards or creates a California-
specific emission-credit program for these engines (see 40 CFR 
1051.701(d)(4)).

D. Marine Diesel Engines (40 CFR Part 94)

    We are making several changes to our marine diesel engine program, 
in 40 CFR part 94. These changes are intended to clarify several 
aspects of the program. These changes are described in detail in the 
Technical Support Document. This discussion also elaborates on our 
interpretation of various provisions. For example, we describe how to 
determine which standards apply to amphibious vehicles and hovercraft. 
We also explain how we interpret the term ``marine diesel engine'' with 
respect to auxiliary applications in which it may not be clear whether 
the engine is ``installed'' on the vessel or not.

E. Small Nonroad Spark-Ignition Engines (40 CFR Part 90)

    We are adding a new Sec.  90.913 to better define the 
responsibilities for manufacturers choosing to certify their engines 
below 19 kW to the emission standards for Large SI engines in 40 CFR 
part 1048. We are also revising Sec.  90.1 to cross-reference 
provisions in parts 86, 1048, and 1051 that allow highway motorcycle 
engines and nonroad engines above 19 kW to meet the requirements in 
part 90 under certain conditions.
    We are making several amendments to the test procedures, such as 
improving calculations for humidity corrections, adding clarifying 
language, and adjusting reporting provisions. We are also updating 
current references to test procedures in 40 CFR part 86 by pointing 
instead to 40 CFR part 1065. In addition, we are making a variety of 
minor corrections and clarifications. See the Technical Support 
Document for a discussion of all these changes.

F. Marine Spark-Ignition Engines (40 CFR Part 91)

    We are adopting only minimal changes for Marine SI engines in 40 
CFR part 91. These changes are primarily to update current references 
to test procedures in 40 CFR part 86 by pointing instead to 40 CFR part 
1065. We are also updating various definitions, as described in Section 
II.A. Manufacturers raised some issues in the comment period that 
resulted in further minor corrections and adjustments for the final 
rule. We also corrected equations for typographical errors.

G. Large Nonroad Spark-Ignition Engines (40 CFR Part 1048)

    We adopted emission standards for nonroad spark-ignition engines 
over 19 kW in November 2002 (67 FR 68242). The regulations in 40 CFR 
part 1048 were our first attempt to draft emission-control regulations 
in plain-language format. In the recent final rule for nonroad diesel 
engines, we went through a similar process, including extensive 
interaction with a different set of manufacturers. This process led us 
to adopt regulatory provisions in 40 CFR part 1039 that differ somewhat 
from those in part 1048. Since the process of meeting standards, 
applying for

[[Page 40426]]

certificates, and complying with other emission-related requirements 
has a lot of commonality across programs, we have a strong interest in 
adopting consistent provisions and uniform terminology where possible. 
As a result, we are making extensive changes in part 1048 to align with 
the regulations in part 1039.
    For discussion of these changes, see the Technical Support 
Document.

H. Recreational Vehicles (40 CFR Part 1051)

    We adopted emission standards for recreational vehicles in November 
2002 (67 FR 68242). The regulations in 40 CFR part 1051 were our first 
attempt to draft emission-control regulations in plain-language format. 
In the recent final rule for nonroad diesel engines, we went through a 
similar process, including extensive interaction with a different set 
of manufacturers. This process led us to adopt regulatory provisions in 
40 CFR part 1039 that differ from those in part 1051. Since the process 
of meeting standards, applying for certificates, and complying with 
other emission-related requirements has a lot of commonality across 
programs, we have a strong interest in adopting consistent provisions 
and uniform terminology as much as possible. As a result, we are making 
extensive changes in part 1051 to align with the regulations in part 
1039. These provisions are all discussed in more detail in the 
Technical Support Document.
    We proposed to add a constraint for averaging, banking, and trading 
to prevent manufacturers from including credits earned in California or 
another state if there would ever be a situation in which manufacturers 
would be making engines with lower emissions to meet more stringent 
state standards or to earn emission credits under the state program. We 
are adopting this provision in the final rule to require exclusion of 
California sales from federal ABT calculations if a company is subject 
to more stringent state standards, or if a company generates or uses 
emissions credits to show that it meets California standards. This 
provision is necessary to prevent double-counting of emission credits. 
In the case of recreational vehicles, California adopted emission 
standards that predate the EPA rulemaking. The California emission 
standards are based on a similar technology assessment, but are in a 
different form. For example, California specifies different numerical 
standards that apply to hydrocarbon emissions only, while EPA's 
standards apply to HC+NOx emissions. Given the difficulty in 
comparing these two sets of standards, we are making the judgment that, 
for the purposes of ABT calculations, California's current exhaust 
emission standards are equivalent to the EPA standards. Under the 
current requirements, companies would therefore exclude their 
California products from federal ABT calculations only if those 
products generate or use emission credits under the California program. 
If California adopts new standards for recreational vehicles, we will 
again make a judgment regarding the relative stringency of the two 
programs for ABT purposes.

I. Locomotives (40 CFR Part 92)

    We proposed a variety of changes for our locomotive regulations in 
40 CFR part 92 to correct various technical references and 
typographical errors. We are finalizing those changes. We are also 
finalizing other changes in response to comments. The large majority of 
the comments received regarding locomotives came from the Engine 
Manufacturers Association (EMA). See the Technical Support Document for 
additional information. In addition to the changes being finalized, we 
are also publishing the following clarifications in response to public 
comments.
    EMA asked that remanufacturers be allowed to limit the practice of 
not replacing every power assembly with remanufactured power assemblies 
at the time of engine remanufacture. Remanufacturers already can limit 
this practice just as original manufacturers limit the parts that are 
used in their locomotives. In fact, remanufacturers would be expected 
to limit this practice to only those cases in which they can be certain 
that the previously used power assembly will not cause an engine to 
exceed an emission standard. By allowing an engine to be remanufactured 
under its certificate, the remanufacturer is assuming responsibility 
for the emission performance of that remanufactured engine. We define 
remanufactured locomotives to be ``new'', and the certificate holder 
has the same responsibilities as the manufacturer of a freshly 
manufactured locomotive. The remanufacturer is thus expected to 
maintain some degree of control over the remanufacturing process to 
ensure that the remanufactured locomotive. For example, the 
remanufacturer might limit the certificate to only those engines 
remanufactured by installers that has been properly trained. It must be 
noted, however, that while certificate holders have responsibility for 
the emission performance of locomotives remanufactured under their 
certificates, 40 CFR 92.209 also assigns responsibility to others 
involved in the remanufacturing process.
    EMA asked that EPA not use the term ``offer for sale'' in the 
prohibited acts (40 CFR 92.1103). They are concerned that this would be 
problematic because locomotives are generally manufactured only after a 
sales agreement has been completed. The manufacturer offers to 
manufacture and sell a locomotive at least several months before it 
actually has obtained a certificate of conformity for the locomotive. 
Given this confusion, we are clarifying that EPA does not interpret the 
phrase ``offer to sell'' to apply to products that have not yet been 
manufactured (or remanufactured, as applicable).
    EMA asked that EPA exempt replacement engines as we do in other 
nonroad engine programs. However, such exemption is not necessary with 
locomotives. Long after the manufacturer has stopped manufacturing 
brand new engines, that manufacturer (along with other remanufacturers) 
will be certifying remanufacturing systems. Thus, we believe that the 
cases in which a brand new engine will be needed will be rare. 
Nevertheless, we are finalizing a regulatory change in 40 CFR 92.204 to 
explicitly allow manufacturers to include freshly manufactured 
locomotive engines in the same engine family as remanufactured 
locomotives. We believe that this will resolve the issue, since 
manufacturers would merely need to certify a remanufacturing system for 
each engine it manufactures.
    Finally, we are adopting a provision that will allow manufacturers 
to certify locomotives that have total power less than 750 kW. This 
provision will allow manufacturers of hybrid locomotives to certify 
under 40 CFR part 92. EMA commented that if we do this, we should 
specify test procedures and duty-cycle weightings for such hybrids. We 
agree that this would be appropriate in the long term, but do not 
believe that this rulemaking would be the proper place for such 
provisions. Instead, we expect to rely on the testing and calculation 
flexibility of 40 CFR 92.207 and 92.132(e) to certify hybrids on a 
case-by-case basis.

J. Highway Engines and Vehicles (40 CFR Parts 85 and 86)

    Most of the changes we are adopting in parts 85 and 86 apply 
uniquely to different types of vehicles or engines. We are, however, 
adopting changes to the program for Independent Commercial Importers 
that affect all the different applications. The Technical

[[Page 40427]]

Support Document describes how we are limiting the importation of 
products where the applicable standards are based on the year of 
original production. We continue to allow unlimited importation of 
products where the applicable standards are based on the year of 
modification.
    The following paragraphs provide an overview of the changes for 
each type of engine or vehicle. See the Technical Support Document for 
a more detailed discussion of these changes.
1. Light-Duty Vehicles
    For light-duty vehicles, we are adopting a variety of 
clarifications and corrections, especially related to test procedures.
2. Highway Motorcycles
    For highway motorcycles, we are correcting fuel specifications, 
clarifying the requirements related to engine labels, fixing the 
provisions related to using nonroad certificates for highway 
motorcycles below 50 cc (consistent with similar changes in other 
programs), and making a variety of other minor corrections.
3. Heavy-Duty Highway Engines
    As discussed above, we are adopting the lab-testing and field-
testing specifications in part 1065 for heavy-duty highway engines, 
including both diesel and Otto-cycle engines. These procedures replace 
those currently published in 40 CFR part 86, subpart N.
    We proposed to complete the migration of heavy-duty highway test 
procedures to part 1065 by the 2008 model year. Manufacturers pointed 
out that it would be most appropriate to move this date back to 2010 to 
correspond with the implementation of the new emission standards in 
that year. We agree that it would be appropriate to make this 
transition over several model years to fully migrate to part 1065, no 
later than model year 2010. Manufacturers do not need to conduct new 
testing if they are able to use carryover data, but any new testing for 
2010 and later model years must be done using the part 1065 procedures. 
Migrating heavy-duty highway engines to the part 1065 procedures allows 
us to include all the testing-related improvements in the HD2007 rule, 
including those we have adopted through guidance.\2\ In addition, part 
1065 incorporates revisions based on updated procedures for sampling 
low concentrations of PM.
---------------------------------------------------------------------------

    \2\ ``Guidance Regarding Test Procedures for Heavy-Duty On-
Highway and Non-Road Engines,'' December 3, 2002.
---------------------------------------------------------------------------

    Another question was raised about how EPA should conduct testing 
during this transition stage. We intend to incorporate near-term 
upgrades that would make our testing facilities capable of meeting the 
requirements in part 1065. Most of the testing methods in part 1065 
result in better measurements and should therefore not pose problems, 
even if manufacturers based their certification on the test procedures 
specified in part 86. Three exceptions to this include the steps for 
mapping an engine, denormalizing test cycles, and evaluating cycle-
validation criteria. Changing the specified procedure for these three 
items would involve different engine operation that could cause an 
engine to have higher or lower emission levels.For all other 
parameters, the new procedures would be equivalent, or would give more 
accurate or more precise results. We are therefore specifying that we 
will follow the manufacturer's procedures for these three items related 
to engine operation, but will otherwise consider our tests valid if we 
use procedures from either part 86 or part 1065, regardless of the 
procedures used by the manufacturer.
    EMA responded to our request for comment related to a provision 
that would allow engine manufacturers to ship certified engines without 
applicable aftertreatment components, while providing for separate 
shipment of those components to equipment manufacturers. EMA commented 
that such a provision would be appropriate, and that it should be set 
up to require either that the component cost be included in the price 
of the engine, or auditing requirements for engine manufacturers, but 
not both, since the equipment manufacturer has enough incentive to make 
the final installation without additional oversight. We agree with 
manufacturers that these more flexible arrangements are appropriate for 
the prevailing business relationships for heavy-duty highway engines. 
There are far fewer manufacturers producing heavy-duty trucks and buses 
than nonroad equipment. Engine manufacturers are therefore expected to 
be able to maintain control with an approach that requires them either 
to include the price of the aftertreatment in the engine price or to 
conduct periodic audits of vehicle manufacturers, but not both. In the 
periodic audit we require manufacturers to confirm the number of 
aftertreatment component shipped is sufficient for the applicable 
vehicle production. This confirmation is intended to show that the 
vehicle manufacturers have purchasing and manufacturing processes in 
place to ensure that they are ordering and receiving enough 
aftertreatment components and that each vehicles is equipped with the 
correct components. To reduce the risk of noncompliance where the 
engine and aftertreatment components are not priced together, we 
require that engine manufacturers have a written confirmation that the 
vehicle manufacturer has ordered the appropriate aftertreatment before 
shipping engines without the otherwise required aftertreatment 
components.
    We are adopting a test-related provision that was described in the 
proposal. We requested comment on approaches to address the concern 
that some engines experience significant overspeed excursions when 
following the proposed approach to defining maximum test speed and 
denormalizing duty cycles. As described in the Technical Support 
Document, we are finalizing a provision to define maximum test speed at 
the highest speed point at which engines are expected to operate in 
use.

III. Public Participation

    In the proposed rule, we invited public participation in a public 
hearing, a public workshop, and a comment period for written comments. 
No one responded to indicate in interest in the public hearing, but we 
held the public workshop to talk through a wide range of issues. We 
also received written comments from about 20 organizations, mostly 
representing manufacturers. Several principle issues raised by 
commenters are described in the individual sections above. The Final 
Technical Support Document addresses the full range of comments.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 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;

[[Page 40428]]

     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.
    The Office of Management and Budget reviewed this rule under the 
provisions of Executive Order 12866. Any new costs associated with this 
rule will be minimal. In addition, some of the changes will 
substantially reduce the burden associated with testing, as described 
in the Regulatory Support Document.

B. Paperwork Reduction Act

    This rule does not include any new collection requirements, as it 
merely revises the measurement methods and makes a variety of technical 
amendments to existing programs.

C. Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this final rule.
    For purposes of assessing the impacts of this final rule on small 
entities, a small entity is defined as: (1) A small business as defined 
in the underlying rulemakings for each individual category of engines; 
(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 this final rule on small 
entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
The small entities directly regulated by this rule are small businesses 
that produce nonroad engines. We have determined that no small entities 
will be negatively affected as a result of this rule. This rule merely 
revises the measurement methods and makes a variety of technical 
amendments to existing programs. This rule, therefore, does not require 
a regulatory flexibility analysis.
    Although this rule will not have a significant economic impact on a 
substantial number of small entities, EPA nonetheless has tried to 
reduce the impact of this rule on small entities. For example, most of 
the changes clarify existing requirements, which will reduce the time 
needed to comply, and added flexibility, which may allow for a simpler 
effort to comply.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law. 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 significantly or uniquely affects small 
governments. We have determined that this rule contains no federal 
mandates that may result in expenditures of more than $100 million to 
the private sector in any single year. This rule merely revises the 
measurement methods and makes a variety of technical amendments to 
existing programs. The requirements of UMRA therefore do not apply to 
this action.

E. Executive Order 13132: Federalism