California State Nonroad Engine and Vehicle Pollution Control Standards; Amendments to the California Small Offroad Emission Standards; Opportunity for Public Hearing and Request for Written Comment, 32082-32084 [E6-8611]
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32082
Federal Register / Vol. 71, No. 106 / Friday, June 2, 2006 / Notices
operators of hospital, medical, or
infectious waste incinerators. Subpart
Ce was promulgated on September 15,
1997, and requires states or tribes to
develop plans to implement the
Emission Guidelines. If approvable state
or tribal plans were not developed, EPA
was required to develop a Federal plan
to implement the Emission Guidelines
in such states or tribes. The Federal
plan, subpart HHH was promulgated on
September 14, 2000.
Subparts Ce and HHH require initial
notifications, performance tests, and
annual and semi-annual reporting.
Owners or operators are also required to
maintain records of the occurrence and
duration of any startup, shutdown, or
malfunction in the operation of an
affected facility, or any period during
which the monitoring system is
inoperative. These notifications, reports,
and records are essential in determining
compliance. Any owner or operator
subject to the provisions of this part
shall maintain a file of these
measurements, and retain the file for at
least five years following the date of
such measurements, maintenance
reports, and records. All reports are sent
to the state or tribal authority with an
approved plan. In the event that there is
no such approved plan, the reports are
sent directly to the EPA regional office.
Burden Statement: The annual public
reporting and recordkeeping burden for
this collection of information is
estimated to average 320 hours per
response. Burden means the total time,
effort, or financial resources expended
by persons to generate, maintain, retain,
or disclose or provide information to or
for a Federal agency. This includes the
time needed to review instructions;
develop, acquire, install, and utilize
technology and systems for the purposes
of collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements which have subsequently
changed; train personnel to be able to
respond to a collection of information;
search data sources; complete and
review the collection of information;
and transmit or otherwise disclose the
information.
Respondents/Affected Entities:
Owners or operators of hospital,
medical, or infectious waste
incinerators.
Estimated Number of Respondents:
72.
Frequency of Response: Initially, on
occasion, semiannually and annually.
Estimated Total Annual Hour Burden:
69,067.
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Estimated Total Annual Cost:
$5,705,702 includes $0 annualized
capital startup costs, $130,000
annualized O&M costs and $5,575,702
annualized labor costs.
Changes in the Estimates: There is a
decrease of 36,161 hours in the total
estimated burden currently identified in
the OMB Inventory of Approved ICR
Burdens. The decrease in burden from
the most recently approved ICR is due
to an adjustment. The decrease in
burden from the most recently approved
ICR is due to a decrease in the number
of sources. Our estimate is based on a
facility and emissions index of Hospital/
Medical/Infectious Waste Incinerator
sources developed by the Office of Air
Quality Planning and Standards. The
data in the index was collected directly
from industry and updated March 2006.
The previous estimate of 189
respondents was derived from
approximated state agency data. In
addition, the standard applies only to
facilities which commenced
construction on or before June 20, 1996.
Hence, the current estimate of 72
sources represents a source-by-source
count and takes into account those
sources which have shutdown.
Therefore, we have adjusted the number
of respondents from 189 to 72. The
decrease in Operations and
Maintenance cost from $295,407,000 to
$130,000 is primarily due a
typographical error in the last approval.
Dated: May 26, 2006.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. E6–8616 Filed 6–1–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[AMS–FRL–8178–7]
California State Nonroad Engine and
Vehicle Pollution Control Standards;
Amendments to the California Small
Offroad Emission Standards;
Opportunity for Public Hearing and
Request for Written Comment
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of opportunity for public
hearing and comment.
SUMMARY: The California Air Resources
Board (CARB) has notified EPA that it
has adopted revised exhaust emissions
standards and test procedures and new
evaporative emissions standards and
test procedures (and certification
procedures) for small offroad engines.
By letter dated April 11, 2005, CARB
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requested that EPA confirm that its
exhaust emission standards and test
procedures are within the scope of prior
authorizations issued by EPA, and
requested a new authorization for the
evaporative emission standards, test
procedures and certification procedures.
This notice announces that EPA has
tentatively scheduled a public hearing
concerning California’s requests and
that EPA is accepting written comment
on the requests.
DATES: EPA has scheduled a public
hearing concerning CARB’s requests on
June 29, 2006 beginning at 10 a.m. Any
party may submit written comments by
August 1, 2006.
ADDRESSES: EPA will make available for
public inspection at the Air and
Radiation Docket and Information
Center materials submitted by CARB,
written comments received from
interested parties, in addition to any
testimony given at the public hearing.
The official public docket is the
collection of materials that is available
for public viewing at the Air and
Radiation Docket in the EPA Docket
Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket
Center Public Reading Room is open
from 8:30 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 and
Radiation Docket is (202) 566–1743. The
reference number for this docket is
EPA–HQ–OAR–2005–0133. Parties
wishing to present oral testimony at the
public hearing should provide written
notice to David Dickinson at the address
noted below. EPA will hold the public
hearing in room 1153 at EPA’s ‘‘East
Building’’ located at 1201 Constitution
Avenue, NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
David Dickinson, Compliance and
Innovative Strategies Division (6405J),
U.S. Environmental Protection Agency,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Telephone:
(202) 343–9256, Fax: (202) 343–2804, email address:
Dickinson.David@EPA.GOV.
For Obtaining and Submitting
Electronic Copies of Comments
Submit your comments, identified by
Docket ID No. EPA–HQ–2005–0133, by
one of the following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: dickinson.david@epa.gov.
• Fax: (202) 343–2804.
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• Mail: U.S. Environmental
Protection Agency, EPA West (Air
Docket), 1200 Pennsylvania Ave., NW.,
Room B108, Mail Code 6102T,
Washington, DC 20460, Attention
Docket ID No. EPA–HQ–OAR–2005–
0133. Please include a total of two
copies.
• Hand Delivery: EPA Docket Center,
EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC. Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information. Instructions: Direct your
comments to Docket ID No EPA–HQ–
OAR–2005–0133.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail.
The https://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 e-mail
comment directly to EPA without going
through https://www.regulations.gov
your e-mail address will be
automatically 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. Docket: All documents in the
docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy.
SUPPLEMENTARY INFORMATION:
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(A)
Background and Discussion
Section 209(e)(1) of the Act addresses
the permanent preemption of any State,
or political subdivision thereof, from
adopting or attempting to enforce any
standard or other requirement relating
to the control of emissions for certain
new nonroad engines or vehicles.1
Section 209(e)(2) of the Act requires
the Administrator to grant California
authorization to enforce state standards
for new nonroad engines or vehicles
which are not listed under section
209(e)(1), subject to certain restrictions.
On July 20, 1994, EPA promulgated a
regulation that sets forth, among other
things, the criteria, as found in section
209(e)(2), by which EPA must consider
any California authorization requests for
new nonroad engines or vehicle
emission standards (section 209(e)
rules).2
Section 209(e)(2) requires the
Administrator, after notice and
opportunity for public hearing, to
authorize California to enforce
standards and other requirements
relating to emissions control of new
engines not listed under section
209(e)(1).3 The section 209(e) rule and
its codified regulations 4 formally set
forth the criteria, located in section
209(e)(2) of the Act, by which EPA must
grant California authorization to enforce
its new nonroad emission standards and
they are as follows:
(a) The Administrator shall grant the
authorization if California determines
that its standards will be, in the
aggregate, at least as protective of public
health and welfare as applicable Federal
standards.
(b) The authorization shall not be
granted if the Administrator finds that:
(1) The determination of California is
arbitrary and capricious;
(2) California does not need such
California standards to meet compelling
and extraordinary conditions; or
1 Section 209(e)(1) of the Act provides:
No State or any political subdivision thereof shall
adopt or attempt to enforce any standard or other
requirement relating to the control of emissions
from either of the following new nonroad engines
or nonroad vehicles subject to regulation under this
Act—(A) New engines which are used in
construction equipment or vehicles or used in farm
equipment or vehicles and which are smaller than
175 horsepower. (B) New locomotives or new
engines used in locomotives. Subsection (b) shall
not apply for purposes of this paragraph.
2 See 59 FR 36969 (July 20, 1994), and regulations
set forth therein, 40 CFR part 85, subpart Q,
§§ 85.1601–85.1606.
3 As discussed above, states are permanently
preempted from adopting or enforcing standards
relating to the control of emissions from new
engines listed in section 209(e)(1).
4 See 40 CFR part 85, subpart Q, § 85.1605.
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(3) California standards and
accompanying enforcement procedures
are not consistent with section 209.
As stated in the preamble to the
section 209(e) rule, EPA has interpreted
the requirement ‘‘California standards
and accompanying enforcement
procedures are not consistent with
section 209’’ to mean that California
standards and accompanying
enforcement procedures must 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 motor vehicle waivers.5 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. Secondly,
California’s nonroad standards and
enforcement procedures must be
consistent with section 209(e)(1), which
identifies the categories permanently
preempted from state regulation.6
California’s nonroad standards and
enforcement procedures would be
considered inconsistent with section
209 if they applied to the categories of
engines or vehicles identified and
preempted from State regulation in
section 209(e)(1).
Finally, because California’s nonroad
standards and enforcement procedures
must be consistent with section
209(b)(1)(C), EPA reviews nonroad
authorization requests under the same
‘‘consistency’’ criteria that are applied
to motor vehicle waiver requests. Under
section 209(b)(1)(C), the Administrator
shall not grant California a motor
vehicle waiver if he finds that California
‘‘standards and accompanying
enforcement procedures are not
consistent with section 202(a)’’ of the
Act. As previous decisions granting
waivers of Federal preemption for motor
vehicles have explained, State standards
are inconsistent with section 202(a) if
there is inadequate lead time to permit
the development of the necessary
technology giving appropriate
consideration to the cost of compliance
within that time period or if the Federal
and State test procedures impose
inconsistent certification procedures.7
Congress further directed EPA to
‘‘give appropriate consideration to
5 See
59 FR 36969, 36983 (July 20, 1994).
209(e)(1) of the Act has been
implemented, see 40 CFR part 85, subpart Q
§§ 85.1602, 85.1603.
7 To be consistent, the California certification
procedures need not be identical to the Federal
certification procedures. California procedures
would be inconsistent, however, if manufacturers
would be unable to meet both the state and the
Federal requirement with the same test vehicle in
the course of the same test. See, e.g., 43 FR 32182
(July 25, 1978).
6 Section
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safety factors (including the potential
increased risk of burn or fire) associated
with compliance with the California
standard’’ when considering any request
from California to authorize the state to
adopt or enforce standards or other
requirements relating to the control of
emission from new non-road sparkignition engines smaller than 50
horsepower.8
When EPA receives new waiver or
authorization requests from CARB, EPA
traditionally publishes a notice of
opportunity for public hearing and
comment and then publishes a decision
in the Federal Register following the
public comment period. In contrast,
when EPA receives within the scope
waiver requests from CARB, EPA
usually publishes a decision in the
Federal Register and concurrently
invites public comment if an interested
part is opposed to EPA’s decision.
Although CARB in its April 11, 2005
letter to EPA seeks confirmation that it
exhaust emission amendments are
within the scope of previous
authorizations, EPA invites comment on
whether California’s exhaust emission
standards and test procedures
amendments, within the context of a
within the scope analysis (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, and (c) raise new issues
affecting EPA’s previous authorization
determinations. EPA also asks comment
on how safety factors, including the
potential increased risk of burn or fire,
are affected by the California standards.
Please also provide comment that if
CARB’s exhaust emission standards and
test procedures amendments were not
found to be within the scope of previous
authorizations and instead required a
full authorization analysis, whether (a)
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) California
needs separate standards to meet
compelling and extraordinary
conditions, and (c) California’s
standards and accompanying
enforcement procedures are consistent
with section 209 of the Act. EPA also
asks comment on how safety factors,
including the potential increased risk of
burn or fire, are affected by the
California standards.
8 See Fiscal Year 2004 Omnibus Appropriations
Act (Pub. L. 108–199 Division G Section 428).
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EPA also invites comment on CARB’s
evaporative emission standards and test
procedures (for which CARB seeks a full
authorization) and whether (a) 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) California needs separate
standards to meet compelling and
extraordinary conditions, and (c)
California’s standards and
accompanying enforcement procedures
are consistent with section 209 of the
Act. EPA also asks comment on how
safety factors, including the potential
increased risk of burn or fire, are
affected by the California standards.
Procedures for Public Participation
In recognition that public hearings are
designed to give interested parties an
opportunity to participate in this
proceeding, there are no adverse parties
as such. Statements by participants will
not be subject to cross-examination by
other participants without special
approval by the presiding officer. The
presiding officer is authorized to strike
from the record statements that he or
she deems irrelevant or repetitious and
to impose reasonable time limits on the
duration of the statement of any
participant.
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. EPA
will keep the record open until August
1, 2006. Upon expiration of the
comment period, the Administrator will
render a decision on CARB’s request
based on the record of the public
hearing, relevant written submissions,
and other information that he deems
pertinent. All information will be
available for inspection at EPA Air
Docket. (EPA–HQ–OAR–2005–0133).
Persons with comments containing
proprietary information must
distinguish such information from other
comments to the greatest possible extent
and label it as ‘‘Confidential Business
Information’’ (CBI). If a person making
comments wants EPA to base its
decision in part on a submission labeled
CBI, then a nonconfidential version of
the document that summarizes the key
data or information should be submitted
for the public docket. To ensure that
proprietary information is not
inadvertently placed in the 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
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extent allowed and by the procedures
set forth in 40 CFR part 2. 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: May 26, 2006.
William L. Wehrum,
Acting Assistant Administrator, Office of Air
and Radiation.
[FR Doc. E6–8611 Filed 6–1–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[Regional Docket Nos. II–2003–02, II–2005–
05; FRL–8179–2]
Clean Air Act Operating Permit
Program; Petition for Objection to
State Operating Permit for G–P
Gypsum Corporation; and Request for
Reconsideration of Order Regarding
Eastman Kodak Company, Kodak Park
Facility
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of final decisions
concerning State operating permits.
SUMMARY: This document announces
two decisions the EPA Administrator
has made. First, the Administrator has
partially granted and partially denied a
citizen petition submitted by the South
Jersey Environmental Justice Alliance
(SJEJA) requesting that EPA object to an
operating permit issued to the G–P
Gypsum Corporation by the New Jersey
Department of Environmental Protection
(NJDEP). Secondly, the Administrator
has granted a request from the New
York State Department of
Environmental Conservation (NYSDEC)
that EPA reconsider certain revisions to
the Kodak Park Facility’s operating
permit mandated by the Administrator’s
February 18, 2005 Order, which was
issued in response to a citizen petition.
In granting NYSDEC(s request, the
Administrator has amended the
February 18, 2005 Order. While some
changes have been made, none of the
Administrator’s previous issue-specific
decisions to grant the Kodak Park
petition have been reversed in the
amendment.
Pursuant to section 505(b)(2) of the
Clean Air Act (Act), Petitioner (SJEJA)
may seek judicial review of those
portions of the G–P Gypsum petition
which EPA denied in the United States
Court of Appeals for the appropriate
circuit. Any petition for review shall be
filed within 60 days from the date this
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Agencies
[Federal Register Volume 71, Number 106 (Friday, June 2, 2006)]
[Notices]
[Pages 32082-32084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8611]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[AMS-FRL-8178-7]
California State Nonroad Engine and Vehicle Pollution Control
Standards; Amendments to the California Small Offroad Emission
Standards; Opportunity for Public Hearing and Request for Written
Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of opportunity for public hearing and comment.
-----------------------------------------------------------------------
SUMMARY: The California Air Resources Board (CARB) has notified EPA
that it has adopted revised exhaust emissions standards and test
procedures and new evaporative emissions standards and test procedures
(and certification procedures) for small offroad engines. By letter
dated April 11, 2005, CARB requested that EPA confirm that its exhaust
emission standards and test procedures are within the scope of prior
authorizations issued by EPA, and requested a new authorization for the
evaporative emission standards, test procedures and certification
procedures. This notice announces that EPA has tentatively scheduled a
public hearing concerning California's requests and that EPA is
accepting written comment on the requests.
DATES: EPA has scheduled a public hearing concerning CARB's requests on
June 29, 2006 beginning at 10 a.m. Any party may submit written
comments by August 1, 2006.
ADDRESSES: EPA will make available for public inspection at the Air and
Radiation Docket and Information Center materials submitted by CARB,
written comments received from interested parties, in addition to any
testimony given at the public hearing. The official public docket is
the collection of materials that is available for public viewing at the
Air and Radiation Docket in the EPA Docket Center, (EPA/DC) EPA West,
Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 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 and Radiation Docket is (202) 566-1743. The reference number for
this docket is EPA-HQ-OAR-2005-0133. Parties wishing to present oral
testimony at the public hearing should provide written notice to David
Dickinson at the address noted below. EPA will hold the public hearing
in room 1153 at EPA's ``East Building'' located at 1201 Constitution
Avenue, NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: David Dickinson, Compliance and
Innovative Strategies Division (6405J), U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone:
(202) 343-9256, Fax: (202) 343-2804, e-mail address:
Dickinson.David@EPA.GOV.
For Obtaining and Submitting Electronic Copies of Comments
Submit your comments, identified by Docket ID No. EPA-HQ-2005-0133,
by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: dickinson.david@epa.gov.
Fax: (202) 343-2804.
[[Page 32083]]
Mail: U.S. Environmental Protection Agency, EPA West (Air
Docket), 1200 Pennsylvania Ave., NW., Room B108, Mail Code 6102T,
Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2005-0133.
Please include a total of two copies.
Hand Delivery: EPA Docket Center, EPA/DC, EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. Instructions: Direct your comments to Docket ID No EPA-HQ-
OAR-2005-0133.
EPA's policy is that all comments received 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 https://www.regulations.gov or e-
mail.
The https://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 e-mail comment directly to EPA without going through https://
www.regulations.gov your e-mail address will be automatically 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. Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
SUPPLEMENTARY INFORMATION:
(A) Background and Discussion
Section 209(e)(1) of the Act addresses the permanent preemption of
any State, or political subdivision thereof, from adopting or
attempting to enforce any standard or other requirement relating to the
control of emissions for certain new nonroad engines or vehicles.\1\
---------------------------------------------------------------------------
\1\ Section 209(e)(1) of the Act provides:
No State or any political subdivision thereof shall adopt or
attempt to enforce any standard or other requirement relating to the
control of emissions from either of the following new nonroad
engines or nonroad vehicles subject to regulation under this Act--
(A) New engines which are used in construction equipment or vehicles
or used in farm equipment or vehicles and which are smaller than 175
horsepower. (B) New locomotives or new engines used in locomotives.
Subsection (b) shall not apply for purposes of this paragraph.
---------------------------------------------------------------------------
Section 209(e)(2) of the Act requires the Administrator to grant
California authorization to enforce state standards for new nonroad
engines or vehicles which are not listed under section 209(e)(1),
subject to certain restrictions. On July 20, 1994, EPA promulgated a
regulation that sets forth, among other things, the criteria, as found
in section 209(e)(2), by which EPA must consider any California
authorization requests for new nonroad engines or vehicle emission
standards (section 209(e) rules).\2\
---------------------------------------------------------------------------
\2\ See 59 FR 36969 (July 20, 1994), and regulations set forth
therein, 40 CFR part 85, subpart Q, Sec. Sec. 85.1601-85.1606.
---------------------------------------------------------------------------
Section 209(e)(2) requires the Administrator, after notice and
opportunity for public hearing, to authorize California to enforce
standards and other requirements relating to emissions control of new
engines not listed under section 209(e)(1).\3\ The section 209(e) rule
and its codified regulations \4\ formally set forth the criteria,
located in section 209(e)(2) of the Act, by which EPA must grant
California authorization to enforce its new nonroad emission standards
and they are as follows:
---------------------------------------------------------------------------
\3\ As discussed above, states are permanently preempted from
adopting or enforcing standards relating to the control of emissions
from new engines listed in section 209(e)(1).
\4\ See 40 CFR part 85, subpart Q, Sec. 85.1605.
---------------------------------------------------------------------------
(a) The Administrator shall grant the authorization if California
determines that its standards will be, in the aggregate, at least as
protective of public health and welfare as applicable Federal
standards.
(b) The authorization shall not be granted if the Administrator
finds that:
(1) The 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 section 209.
As stated in the preamble to the section 209(e) rule, EPA has
interpreted the requirement ``California standards and accompanying
enforcement procedures are not consistent with section 209'' to mean
that California standards and accompanying enforcement procedures must
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
motor vehicle waivers.\5\ 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. Secondly,
California's nonroad standards and enforcement procedures must be
consistent with section 209(e)(1), which identifies the categories
permanently preempted from state regulation.\6\ California's nonroad
standards and enforcement procedures would be considered inconsistent
with section 209 if they applied to the categories of engines or
vehicles identified and preempted from State regulation in section
209(e)(1).
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\5\ See 59 FR 36969, 36983 (July 20, 1994).
\6\ Section 209(e)(1) of the Act has been implemented, see 40
CFR part 85, subpart Q Sec. Sec. 85.1602, 85.1603.
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Finally, because California's nonroad standards and enforcement
procedures must be consistent with section 209(b)(1)(C), EPA reviews
nonroad authorization requests under the same ``consistency'' criteria
that are applied to motor vehicle waiver requests. Under section
209(b)(1)(C), the Administrator shall not grant California a motor
vehicle waiver if he finds that California ``standards and accompanying
enforcement procedures are not consistent with section 202(a)'' of the
Act. As previous decisions granting waivers of Federal preemption for
motor vehicles have explained, State standards are inconsistent with
section 202(a) if there is inadequate lead time to permit the
development of the necessary technology giving appropriate
consideration to the cost of compliance within that time period or if
the Federal and State test procedures impose inconsistent certification
procedures.\7\
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\7\ To be consistent, the California certification procedures
need not be identical to the Federal certification procedures.
California procedures would be inconsistent, however, if
manufacturers would be unable to meet both the state and the Federal
requirement with the same test vehicle in the course of the same
test. See, e.g., 43 FR 32182 (July 25, 1978).
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Congress further directed EPA to ``give appropriate consideration
to
[[Page 32084]]
safety factors (including the potential increased risk of burn or fire)
associated with compliance with the California standard'' when
considering any request from California to authorize the state to adopt
or enforce standards or other requirements relating to the control of
emission from new non-road spark-ignition engines smaller than 50
horsepower.\8\
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\8\ See Fiscal Year 2004 Omnibus Appropriations Act (Pub. L.
108-199 Division G Section 428).
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When EPA receives new waiver or authorization requests from CARB,
EPA traditionally publishes a notice of opportunity for public hearing
and comment and then publishes a decision in the Federal Register
following the public comment period. In contrast, when EPA receives
within the scope waiver requests from CARB, EPA usually publishes a
decision in the Federal Register and concurrently invites public
comment if an interested part is opposed to EPA's decision.
Although CARB in its April 11, 2005 letter to EPA seeks
confirmation that it exhaust emission amendments are within the scope
of previous authorizations, EPA invites comment on whether California's
exhaust emission standards and test procedures amendments, within the
context of a within the scope analysis (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, and (c) raise new issues affecting EPA's
previous authorization determinations. EPA also asks comment on how
safety factors, including the potential increased risk of burn or fire,
are affected by the California standards. Please also provide comment
that if CARB's exhaust emission standards and test procedures
amendments were not found to be within the scope of previous
authorizations and instead required a full authorization analysis,
whether (a) 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) California needs
separate standards to meet compelling and extraordinary conditions, and
(c) California's standards and accompanying enforcement procedures are
consistent with section 209 of the Act. EPA also asks comment on how
safety factors, including the potential increased risk of burn or fire,
are affected by the California standards.
EPA also invites comment on CARB's evaporative emission standards
and test procedures (for which CARB seeks a full authorization) and
whether (a) 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) California needs
separate standards to meet compelling and extraordinary conditions, and
(c) California's standards and accompanying enforcement procedures are
consistent with section 209 of the Act. EPA also asks comment on how
safety factors, including the potential increased risk of burn or fire,
are affected by the California standards.
Procedures for Public Participation
In recognition that public hearings are designed to give interested
parties an opportunity to participate in this proceeding, there are no
adverse parties as such. Statements by participants will not be subject
to cross-examination by other participants without special approval by
the presiding officer. The presiding officer is authorized to strike
from the record statements that he or she deems irrelevant or
repetitious and to impose reasonable time limits on the duration of the
statement of any participant.
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. EPA will keep the
record open until August 1, 2006. Upon expiration of the comment
period, the Administrator will render a decision on CARB's request
based on the record of the public hearing, relevant written
submissions, and other information that he deems pertinent. All
information will be available for inspection at EPA Air Docket. (EPA-
HQ-OAR-2005-0133).
Persons with comments containing proprietary information must
distinguish such information from other comments to the greatest
possible extent and label it as ``Confidential Business Information''
(CBI). If a person making comments wants EPA to base its decision in
part on a submission labeled CBI, then a nonconfidential version of the
document that summarizes the key data or information should be
submitted for the public docket. To ensure that proprietary information
is not inadvertently placed in the 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
by the procedures set forth in 40 CFR part 2. 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: May 26, 2006.
William L. Wehrum,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. E6-8611 Filed 6-1-06; 8:45 am]
BILLING CODE 6560-50-P