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E-mail This PageMSHA Proposed Rule
Equivalency Evaluation of the U.S. Environmental Protection Agency’s Nonroad Diesel Engine Standards [03/28/2006]
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Volume 71, Number 59, Page 15358-15359
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 7
RIN 1219-AB43
Equivalency Evaluation of the U.S. Environmental Protection
Agency's Nonroad Diesel Engine Standards
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Notice of intent.
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SUMMARY: We intend to review the U.S. Environmental Protection Agency's
(EPA) standards for nonroad diesel engines to determine if certain EPA
requirements in 40 CFR part 89, Control of Emissions From New and In-
Use Nonroad Compression-Ignition Engines, provide, or can be modified
to provide, at least the same degree of protection as our existing
applicable requirements in 30 CFR part 7, subpart E--Diesel Engines
Intended for Use in Underground Coal Mines. This review is limited to
the testing of Category B diesel engines as defined in 30 CFR 7.82,
Definitions.
DATES: Comments must be received by May 30, 2006.
ADDRESSES: Comments must be clearly identified as such and transmitted
electronically to equivalencycomment@dol.gov. Alternatively, comments
can be submitted by using the Federal eRulemaking portal http://www.regulations.gov
and following the instructions. Persons unable to
file comments electronically should submit their comments to us by
regular mail or hand delivery to MSHA, Approval and Certification
Center, Attention: John P. Faini, Box 251, Industrial Park Road,
Triadelphia, West Virginia 26059 or transmit by facsimile to (304) 547-
2071. Please specify RIN 1219-AB43 on documents sent in response to
this notice. You may contact us with any format questions. Comments are
posted for public viewing at http://www.msha.gov/currentcomments.asp.
FOR FURTHER INFORMATION CONTACT: John P. Faini, Mechanical and
Engineering Safety Division, Approval and Certification Center, MSHA;
phone: (304) 547-2042; facsimile: (304) 547-2084; E-mail:
faini.john@dol.gov. We maintain a listserve on our Web site that
enables subscribers to receive e-mail notification when we publish
rulemaking documents in the Federal Register. To subscribe to the
listserve, visit our site at http://www.msha.gov/subscriptions/subscribe.aspx
.
SUPPLEMENTARY INFORMATION:
Background
On June 17, 2003 we published a final rule, Testing and Evaluation
by Independent Laboratories and Non-MSHA Product Safety Standards (68
FR 36417). The final rule allows manufacturers to test their products
in accordance with non-MSHA standards if we determine that the non-MSHA
standard is equivalent to our applicable product approval requirements
or can be modified to provide at least the same level of protection.
Part 7 of 30 CFR specifies requirements for our approval of
applicant or third party testing and evaluation of equipment and
materials for use in underground mines that do not involve subjective
testing. Paragraph 7.10(b) requires us to publish our intent to review
any non-MSHA product safety standard for equivalency in the Federal
Register for the purpose of soliciting public input. In addition,
paragraph 7.10(c) requires us to list our equivalency determinations in
30 CFR part 7.
[[Page 15359]]
EPA is a Federal agency that regulates both the gaseous and diesel
particulate matter emissions from nonroad diesel engines sold in the
United States. The EPA standards in 40 CFR part 89, Control of
Emissions from New and In-Use Nonroad Compression-Ignition Engines,
establish laboratory testing procedures and application requirements
for nonroad engines. Diesel engine manufacturers are redesigning their
engines to meet new EPA emission standards. Manufacturers must apply
for our approval for each new engine design if they are to be used in
underground coal mines. Manufacturers would benefit if they were able
to streamline engine testing so they could solicit approval from us as
well as EPA using the same set of results.
We are asking for public input concerning our intent to review
certain EPA Nonroad Diesel Engine standards published under part 89,
Title 40, CFR to determine whether these standards provide, or could be
modified to provide, at least the same degree of protection as our
existing applicable requirements. We intend to limit our review to the
following EPA standards:
89.2, Definitions,
89.6, Reference materials,
89.115, Application for certificate,
89.119, Emission tests,
Subpart D, Emission Test Equipment Provisions,
Appendix A, to Subpart D,
Appendix B, to Subpart D, and
Subpart E, Exhaust Emission Test Procedures.
We intend to review these specific EPA standards to determine
whether the EPA requirements provide adequate testing procedures and
technical information needed for the issuance of our approval under
part 7, subpart E. The requirements in our part 7 apply to certain
equipment and materials whose product testing and evaluation does not
involve subjective analysis. We have reviewed the applicable EPA
requirements and have determined that they do not involve subjective
analysis.
If we determine the specified sections of 40 CFR part 89 would
provide at least the same degree of protection in their original form
or could be modified to demonstrate equivalency to 30 CFR part 7,
subpart E, Category B diesel engines, then we would amend 30 CFR part 7
accordingly. If modifications are required, they would also be
specified in our part 7.
We welcome comments on whether the EPA requirements provide testing
procedures and technical information equivalent to the approval
requirements set out in part 7 subpart E. If you feel the specified
sections of 40 CFR part 89 do not provide the same degree of protection
in their original form, but could be modified to do so, specify what
modifications are necessary to demonstrate equivalency. After the
comment period closes, we will perform an evaluation of the EPA
standards. At the conclusion of the evaluation, we will publish our
determination in the Federal Register accompanied by a summary of the
findings and a list of required modifications, if necessary.
Dated: March 20, 2006.
David G. Dye,
Acting Assistant Secretary for Mine Safety and Health.
[FR Doc. E6-4362 Filed 3-27-06; 8:45 am]
BILLING CODE 4510-43-P
