[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Pages 69845-69848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27801]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9919-57-OAR]
California State Nonroad Engine Pollution Control Standards;
Large Spark-Ignition Engines Regulation; Request for Authorization;
Opportunity for Public Hearing and Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The California Air Resources Board (CARB) has notified the
Environmental Protection Agency (EPA) that it has adopted amendments to
its large spark-ignited engines regulation (LSI amendments). By letter
dated June 2, 2014, CARB asked that EPA either confirm that the LSI
amendments (adopted in 2008 and 2010) are within the scope of prior
authorizations or that EPA issue a full authorization for those LSI
amendments found not to be within the scope of prior authorizations,
pursuant to section 209(e) of the Clean Air Act (CAA or Act). This
notice announces that EPA has tentatively scheduled a public hearing to
consider California's authorization request for the LSI amendments, and
that EPA is now accepting written comment on the request.
DATES: EPA has tentatively scheduled a public hearing concerning CARB's
request on January 14, 2015, at 10 a.m. ET. EPA will hold a hearing
only if any party notifies EPA by December 15, 2014, to express
interest in presenting the agency with oral testimony. Parties that
wish to present oral testimony at the public hearing should provide
written notice to David Dickinson at the email address noted below. If
EPA receives a request for a public hearing, that hearing will be held
at the William Jefferson Clinton Building (North), Room 5530, 1200
Pennsylvania Avenue NW., Washington, DC 20460. If EPA does not receive
a request for a public hearing, then EPA will not hold a hearing, and
instead will consider CARB's request based on written submissions to
the docket. Any party may submit written comments until February 16,
2015.
Any person who wishes to know whether a hearing will be held may
call David Dickinson at (202) 343-9256 on or after December 17, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0533, by one of the following methods:
Online at http://www.regulations.gov: Follow the Online
Instructions for Submitting Comments.
Email: [email protected].
Fax: (202) 566-9744.
Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2014-0533, U.S. Environmental Protection Agency, Mail code: 6102T, 1200
Pennsylvania Avenue NW., Washington, DC 20460. Please include a total
of two copies.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Online Instructions for Submitting Comments: Direct your comments
to
[[Page 69846]]
Docket ID No. EPA-HQ-OAR-2014-0533. EPA's policy is that all comments
we receive will be included in the public docket without change and may
be made available online at http://www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
http://www.regulations.gov or email. The http://www.regulations.gov Web
site is an ``anonymous access'' system, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov, your email address will
automatically be captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
EPA will make available for public inspection materials submitted
by CARB, written comments received from any interested parties, and any
testimony given at the public hearing. Materials relevant to this
proceeding are contained in the Air and Radiation Docket and
Information Center, maintained in Docket ID No. EPA-HQ-OAR-2014-0533.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at the Air and
Radiation Docket in the EPA Headquarters Library, EPA West Building,
Room 3334, located at 1301 Constitution Avenue NW., Washington, DC. The
Public Reading Room is open to the public on all federal government
work days from 8:30 a.m. to 4:30 p.m.; generally, it is open Monday
through Friday, excluding holidays. The telephone number for the
Reading Room is (202) 566-1744. The Air and Radiation Docket and
Information Center's Web site is http://www.epa.gov/oar/docket.html.
The electronic mail (email) address for the Air and Radiation Docket
is: [email protected], the telephone number is (202) 566-1742, and
the fax number is (202) 566-9744. An electronic version of the public
docket is available through the federal government's electronic public
docket and comment system. You may access EPA dockets at http://www.regulations.gov. After opening the http://www.regulations.gov Web
site, enter, in the ``Enter Keyword or ID'' fill-in box to view
documents in the record. 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.
EPA's Office of Transportation and Air Quality also maintains a Web
page that contains general information on its review of California
waiver and authorization requests. Included on that page are links to
prior waiver and authorization Federal Register notices. The page can
be accessed at http://www.epa.gov/otaq/cafr.htm.
FOR FURTHER INFORMATION CONTACT: David Dickinson, Attorney-Advisor,
Compliance Division, Office of Transportation and Air Quality, U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue (6405A) NW.,
Washington, DC 20460. Telephone: (202) 343-9256. Fax: (202) 343-2804.
Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. California's LSI Regulations
CARB promulgated its first LSI regulations, applicable to new LSI
engines, in 1999 and they remained unchanged until the 2008
amendments.\1\ EPA authorized the LSI regulations, on May 15, 2006.\2\
The 1999 LSI regulations established exhaust emission standards and
associated test procedures for LSI engines based upon engine
displacements. The exhaust emission standards applicable to 2002 and
subsequent model years (MYs) with displacements up to one liter were
identical to the emission standards applicable to California small off-
road engines (SORE) with engines greater than or equal to 225 cubic
centimeters and have remained unchanged except CARB subsequently
adopted more stringent exhaust emission standards for engines greater
than 225 cubic centimeters.\3\ CARB adopted its initial off-road LSI
fleet operator regulations on May 25, 2006 (Fleet Operator
Regulations).\4\ The Fleet Operator Regulations are designed to address
the hydrocarbon and nitrogen oxide emissions from existing LSI engines
operating in California and require fleets to meet certain fleet
average emission level standards.
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\1\ Title 13, California Code of Regulations, sections 2430-
2439.
\2\ 71 FR 29623 (May 15, 2006).
\3\ EPA granted an authorization for these amendments at 71 FR
75536 (December 15, 2006). CARB also adopted amendments establishing
more stringent exhaust emission standards for engines equal to or
greater than one liter in 2007 and EPA granted an authorization for
these amendments at 77 FR 20388 (April 4, 2012).
\4\ EPA granted an authorization for these regulations at 77 FR
20388 (April 4, 2012).
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CARB adopted the 2008 LSI amendments on November 21, 2008. The 2008
LSI amendments create two new engine categories below one liter
displacement, with new more stringent exhaust and evaporative emission
standards applicable to new engines, and provide clarification as to
when CARB's off-road sport or utility regulations apply to certain LSI
engines.
CARB adopted the 2010 LSI amendments on December 17, 2010. These
amendments are designed to provide compliance flexibility which will
allow operators to reduce their compliance costs while retaining the
emission benefits associated with the original regulations.
By letter dated June 2, 2014, CARB submitted a request to EPA
pursuant to section 209(e) of the CAA for authorization of its 2008 and
2010 LSI amendments. CARB seeks EPA's confirmation that these
amendments fall within the scope of EPA's previous authorization, or,
in the alternative, a full authorization.
II. Clean Air Act Nonroad Engine and Vehicle Authorizations
Section 209(e)(1) of the CAA prohibits states and local governments
from adopting or attempting to enforce any standard or requirement
relating to the control of emissions from new nonroad vehicles or
engines. The Act also preempts states from adopting and enforcing
standards and other requirements related to the control of emissions
from non-new nonroad engines or vehicles. Section 209(e)(2), however,
requires the Administrator, after notice and opportunity for public
hearing, to authorize California to adopt and enforce standards and
other requirements relating to the control of emissions from such
vehicles or engines if California determines that California standards
will be, in the aggregate, at least as protective of public health and
welfare as applicable Federal standards. However, EPA shall not grant
such authorization if it finds that (1) the
[[Page 69847]]
determination of California is arbitrary and capricious; (2) California
does not need such California standards to meet compelling and
extraordinary conditions; or (3) California standards and accompanying
enforcement procedures are not consistent with [CAA section 209].\5\ In
addition, other states with air quality attainment plans may adopt and
enforce such regulations if the standards, and implementation and
enforcement procedures, are identical to California's standards. On
July 20, 1994, EPA promulgated a rule that sets forth, among other
things, regulations providing the criteria, as found in section
209(e)(2), which EPA must consider before granting any California
authorization request for new nonroad engine or vehicle emission
standards.\6\ EPA revised these regulations in 1997.\7\ As stated in
the preamble to the 1994 rule, EPA has historically interpreted the
section 209(e)(2)(iii) ``consistency'' inquiry to require, at minimum,
that California standards and enforcement procedures be consistent with
section 209(a), section 209(e)(1), and section 209(b)(1)(C) (as EPA has
interpreted that subsection in the context of section 209(b) motor
vehicle waivers).\8\
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\5\ EPA's review of California regulations under section 209 is
not a broad review of the reasonableness of the regulations or its
compatibility with all other laws. Sections 209(b) and 209(e) of the
Clean Air Act limit EPA's authority to deny California requests for
waivers and authorizations to the three criteria listed therein. As
a result, EPA has consistently refrained from denying California's
requests for waivers and authorizations based on any other criteria.
In instances where the U.S. Court of Appeals has reviewed EPA
decisions declining to deny waiver requests based on criteria not
found in section 209(b), the Court has upheld and agreed with EPA's
determination. See Motor and Equipment Manufacturers Ass'n v.
Nichols, 142 F.3d 449, 462-63, 466-67 (D.C. Cir.1998), Motor and
Equipment Manufacturers Ass'n v. EPA, 627 F.2d 1095, 1111, 1114-20
(D.C. Cir. 1979). See also 78 FR 58090, 58120 (September 20, 2013).
\6\ 59 FR 36969 (July 20, 1994).
\7\ 62 FR 67733 (December 30, 1997). The applicable regulations,
now in 40 CFR part 1074, subpart B, Sec. 1074.105, provide:
(a) The Administrator will grant the authorization if California
determines that its standards will be, in the aggregate, at least as
protective of public health and welfare as otherwise applicable
federal standards.
(b) The authorization will not be granted if the Administrator
finds that any of the following are true:
(1) California's determination is arbitrary and capricious.
(2) California does not need such standards to meet compelling
and extraordinary conditions.
(3) The California standards and accompanying enforcement
procedures are not consistent with section 209 of the Act.
(c) In considering any request to authorize California to adopt
or enforce standards or other requirements relating to the control
of emissions from new nonroad spark-ignition engines smaller than 50
horsepower, the Administrator will give appropriate consideration to
safety factors (including the potential increased risk of burn or
fire) associated with compliance with the California standard.
\8\ 59 FR 36969 (July 20, 1994).
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In order to be consistent with section 209(a), California's nonroad
standards and enforcement procedures must not apply to new motor
vehicles or new motor vehicle engines. To be consistent with section
209(e)(1), California's nonroad standards and enforcement procedures
must not attempt to regulate engine categories that are permanently
preempted from state regulation. To determine consistency with section
209(b)(1)(C), EPA typically reviews nonroad authorization requests
under the same ``consistency'' criteria that are applied to motor
vehicle waiver requests. Pursuant to section 209(b)(1)(C), the
Administrator shall not grant California a motor vehicle waiver if she
finds that California ``standards and accompanying enforcement
procedures are not consistent with section 202(a)'' of the Act.
Previous decisions granting waivers and authorizations have noted that
state standards and enforcement procedures are inconsistent with
section 202(a) if: (1) There is inadequate lead time to permit the
development of the necessary technology giving appropriate
consideration to the cost of compliance within that time, or (2) the
Federal and state testing procedures impose inconsistent certification
requirements.\9\
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\9\ Id. See also 78 FR 58090, 58092 (September 20, 2013).
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If California amends regulations that EPA has already authorized,
California can seek EPA confirmation that the amendments are within the
scope of the previous authorization. A within-the-scope confirmation,
without a full authorization review, is permissible if three conditions
are met.\10\ First, the amended regulations must not undermine
California's determination that its standards, in the aggregate, are as
protective of public health and welfare as applicable Federal
standards. Second, the amended regulations must not affect consistency
with section 202(a) of the Act. Third, the amended regulations must not
raise any ``new issues'' affecting EPA's prior authorizations.
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\10\ See 78 FR 38970, 38972 (June 28, 2013).
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III. EPA's Request for Comments
As stated above, EPA is offering the opportunity for a public
hearing, and is requesting written comment on issues relevant to a
within-the-scope analysis. Specifically, we request comment on whether
California's LSI amendments: (a) Undermine California's previous
determination that its standards, in the aggregate, are at least as
protective of public health and welfare as comparable Federal
standards; (b) affect the consistency of California's requirements with
section 209 of the Act; or (c) raise any other new issues affecting
EPA's previous waiver or authorization determinations.
Should any party believe that the amendments are not within the
scope of the previous authorization, EPA also requests comment on
whether the LSI amendments meet the criteria for a full authorization.
Specifically, we request comment on: (a) Whether CARB's determination
that its standards, in the aggregate, are at least as protective of
public health and welfare as applicable federal standards is arbitrary
and capricious; (b) whether California needs such standards to meet
compelling and extraordinary conditions; and (c) whether California's
standards and accompanying enforcement procedures are consistent with
section 209 of the Act.
IV. Procedures for Public Participation
If a hearing is held, the Agency will make a verbatim record of the
proceedings. Interested parties may arrange with the reporter at the
hearing to obtain a copy of the transcript at their own expense.
Regardless of whether a public hearing is held, EPA will keep the
record open until February 16, 2015. Upon expiration of the comment
period, the Administrator will render a decision on CARB's request
based on the record from the public hearing, if any, all relevant
written submissions, and other information that she deems pertinent.
All information will be available for inspection at the EPA Air Docket
No. EPA-HQ-OAR-2014-0533.
Persons with comments containing proprietary information must
distinguish such information from other comments to the greatest extent
possible and label it as ``Confidential Business Information''
(``CBI''). If a person making comments wants EPA to base its decision
on a submission labeled as CBI, then a non-confidential version of the
document that summarizes the key data or information should be
submitted to the public docket. To ensure that proprietary information
is not inadvertently placed in the public docket, submissions
containing such information should be sent directly to the contact
person listed above and not to the public docket. Information covered
by a claim of confidentiality will be disclosed by EPA only to the
extent allowed, and according to the procedures set forth in 40 CFR
part 2.
[[Page 69848]]
If no claim of confidentiality accompanies the submission when EPA
receives it, EPA will make it available to the public without further
notice to the person making comments.
Dated: November 12, 2014.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and
Radiation.
[FR Doc. 2014-27801 Filed 11-21-14; 8:45 am]
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