California State Nonroad Engine Pollution Control Standards; Large Spark-Ignition (LSI) Engines; Fleet Requirements for In-Use LSI Forklifts and Other Industrial Equipment; Opportunity for Public Hearing and Comment, 67184-67186 [2011-28116]

Download as PDF 67184 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. jlentini on DSK4TPTVN1PROD with NOTICES Individual ICRs (1) Docket ID: EPA–HQ–OARM– 2011–0803, Background Checks for Contractor Employees; (2) Docket ID: EPA–HQ–OARM–2– 11–0804, Drug Testing for Contractor Employees. Affected entities: Entities potentially affected by these two ICRs are contractors performing work at sensitive sites or on sensitive projects, and not covered under the provisions of Homeland Security Presidential Directive-2. Specifically, all contractors involved with Emergency Response, Superfund, Information systems, Facility Services, and Research Support that have significant security concerns, as determined by the contracting officer, on a case-by-case basis, will be required to provide qualified personnel that meet the background check and drug testing requirements developed by EPA. Titles: (1) Background Checks for Contractor Employees (Renewal); (2) Drug Testing for Contractor Employees ICR numbers: (1) Background checks for Contractor Employees EPA–HQ– OARM–2011–0803, OMB Control No. 2030–0043; (2) Drug Testing for Contractor Employees EPA ICR No. 2183.05, OMB Control No. 2030–0044. ICR status: (1) EPA–HQ–OARM– 2011–0803 is scheduled to expire on April 30, 2012. (2) EPA ICR No. 2183.05 is scheduled to expire on June 30. 2012. Abstract: (1) Background checks cover citizenship or valid visa, criminal convictions, weapons offenses, felony convictions, and parties prohibited from receiving federal contracts. (2) Drug tests are for the presence of marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP). Contractors shall maintain records of all background checks and drug tests. Burden Statement: 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; VerDate Mar<15>2010 17:21 Oct 28, 2011 Jkt 226001 complete and review the collection of information; and transmit or otherwise disclose the information. The individual ICRs provide a detailed explanation of the Agency’s estimate, which are briefly summarized below. (1) The number of contractor employees expected to submit the requested information for EPA–HQ– OARM–2011–0803, Background Checks, is 3,000 for the life of the ICR (3 years), which equates to 1,000 per year. The estimated effort for contractors to collect information for each background check is one hour, or 1,000 hours per year. The estimated annual respondent cost for performing background check collection requests is $83,450. This is calculated by multiplying the number of annual occurrences, 1,000, by the estimated respondent cost of $83.45 per collection, which includes time to fill out the information, the cost of the background check, reviewing/applying suitability criteria, submitting a notification to the EPA and maintaining files. Using an annual escalation rate of 2.5%, this equates to a total respondent cost of $256,670 over the three year life of this ICR. In addition to the respondent burden, there is also an agency burden for ensuring contractor compliance, documenting contractors’ notifications and issuing waivers. This is estimated to be .5 hours for each collection (1,000 per year) and .25 hours for each waiver request (250 per year) for a total of 562.5 hours per year and a cost of $53,133.75 per year. This equates to a total agency cost of $159,401.25 over the three year life of this ICR. (2) The number of contractor employees expected to submit the requested information for EPA ICR No. 2183.05, Drug Testing, is 1,350 for the life of this ICR (3 years) which equates to 450 per year. The estimated effort for contractors to collect information for each drug test is one hour, for a total of 450 hours per year. The estimated annual respondent cost for performing drug tests is $72,450. This is calculated by multiplying the number of annual occurrences, 450, by the estimated respondent cost of $161.00 per test, which includes time to provide the sample, the cost of the drug test, reviewing results, submitting notification to the EPA and maintaining files. Using an annual escalation rate of 2.5%, this equates to a total respondent cost of $495,000. In addition to the respondent burden, there is also an agency burden for ensuring contractor compliance. This is estimated to be .25 hours per occurrence for a total of 112.5 hours per year (450 drug tests per year multiplied by .25) and an annual cost of $10,626.75. This equates to a total PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 agency cost of $31,880.25 over the three year life of this ICR. Are there changes in the estimates from the last approval? EPA estimates that the hourly burden for both collections will remain the same as reported in the previous information collections because there has been no change in the information being collected and approximately the same number of contracts remain active. What is the next step in the process for this ICR? EPA will consider the comments received and amend the ICRs as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT. Dated: October 19, 2011. John R. Bashista, Director, Office of Acquisition Management. [FR Doc. 2011–28077 Filed 10–28–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9484–9] California State Nonroad Engine Pollution Control Standards; Large Spark-Ignition (LSI) Engines; Fleet Requirements for In-Use LSI Forklifts and Other Industrial Equipment; Opportunity for Public Hearing and Comment Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The California Air Resources Board (CARB) has notified EPA that it has amended its emission standards and certification and test procedures for large spark-ignition nonroad engines (‘‘LSI Emission Standards’’). CARB has also adopted in-use fleet average emission requirements for large- and medium-sized fleets (‘‘LSI In-Use Fleet Requirements). California’s LSI In-Use Fleet Requirements are applicable to fleets comprised of four or more pieces of equipment powered by LSI engines, including forklifts, industrial tow tractors, sweepers/scrubbers, and airport SUMMARY: E:\FR\FM\31OCN1.SGM 31OCN1 jlentini on DSK4TPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices ground support equipment. CARB requests that EPA find the amended LSI Emission Standards to be within the scope of a previously granted LSI authorization or, in the alternative, grant a new full authorization pursuant to Clean Air Act section 209(e). This notice announces that EPA has tentatively scheduled a public hearing to consider California’s LSI Emission Standards and LSI In-Use Fleet Requirements, and that EPA is now accepting written comment on the request. DATES: EPA has tentatively scheduled a public hearing concerning CARB’s request on November 15, 2011, at 10 a.m. ET. EPA will hold a hearing only if any party notifies EPA by November 7, 2011, expressing interest in presenting the agency with oral testimony. Parties wishing to present oral testimony at the public hearing should provide written notice to Kristien Knapp at the email address noted below. If EPA receives a request for a public hearing, that hearing will be held at 1310 L Street NW., Washington, DC 20005. If EPA does not receive a request for a public hearing, then EPA will not hold a hearing, and instead consider CARB’s request based on written submissions to the docket. Any party may submit written comments until December 15, 2011. By November 14, 2011, any person who plans to attend the hearing may call Kristien Knapp at (202) 343–9949, to learn if a hearing will be held. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2011–0830, by one of the following methods: • On-Line at https:// www.regulations.gov: Follow the OnLine Instructions for Submitting Comments. • Email: a-and-r-docket@epa.gov. • Fax: (202) 566–1741. • Mail: Air and Radiation Docket, Docket ID No. EPA–HQ–OAR–2011– 0830, U.S. Environmental Protection Agency, Mailcode: 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. On-Line Instructions for Submitting Comments: Direct your comments to Docket ID No. EPA–HQ–OAR–2011– 0830. EPA’s policy is that all comments VerDate Mar<15>2010 17:21 Oct 28, 2011 Jkt 226001 we receive 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 email. 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 email comment directly to EPA without going through https:// 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 https:// 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–2011–0830. Publicly available docket materials are available either electronically through https:// 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 https://www.epa.gov/ oar/docket.html. The electronic mail PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 67185 (email) address for the Air and Radiation Docket is: a-and-rDocket@epa.gov, 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 https:// www.regulations.gov. After opening the https://www.regulations.gov Web site, enter EPA–HQ–OAR–2011–0830, 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 requests. Included on that page are links to prior waiver and authorization Federal Register notices. The page can be accessed at https://www.epa.gov/otaq/ cafr.htm. FOR FURTHER INFORMATION CONTACT: Kristien G. Knapp, Attorney-Advisor, Compliance Division, Office of Transportation and Air Quality, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue (6405J), NW., Washington, DC 20460. Telephone: (202) 343–9949. Fax: (202) 343–2804. Email: knapp.kristien@epa.gov. SUPPLEMENTARY INFORMATION: I. California’s LSI Regulations By letter dated December 10, 2008, CARB submitted to EPA its request pursuant to section 209(e) of the Clean Air Act (‘‘CAA’’ or ‘‘the Act’’), regarding its regulation of emissions from new offroad large spark-ignition (LSI) engines and its in-use fleet requirements for forklifts and other industrial equipment with LSI engines.1 The LSI regulations are designed to reduce emissions of hydrocarbons (HC) and oxides of nitrogen (NOX) from forklifts and other industrial equipment powered by LSI engines. CARB approved the LSI regulations at a public hearing on May 25, 2006 (by Resolution 06–11).2 After making modifications to the regulation available on December 1, 2006, and February 1, 2007 for supplemental public comment, CARB’s Executive Officer formally adopted the LSI regulations in Executive Order R–07– 1 California Air Resources Board (‘‘CARB’’), ‘‘Request for Authorization,’’ December 10, 2008, EPA–HQ–OAR–2011–0830–0001. 2 CARB Enclosure 1, ‘‘Resolution 06–11,’’ EPA– HQ–OAR–2011–0830–0002. E:\FR\FM\31OCN1.SGM 31OCN1 67186 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices 001 on March 2, 2007.3 The LSI regulations are codified at title 13, California Code of Regulations, sections 2775 through 2775.2 4 Underpinning CARB’s LSI regulations is a set of emission standards for new off-road LSI engines beginning in 2007. The emission standards include: Adoption of EPA’s 2007 and later model year emission standards for the same engines, more stringent standards for the 2010 and later model years, optional certification standards, and more rigorous certification and test procedures. The LSI regulations also apply to operators of large- and medium-sized fleets of forklifts, sweepers/scrubbers, airport ground support equipment (GSE), and industrial tow tractors with engine displacements of greater than one liter. These fleets must meet a fleet average in-use emission standard. II. Clean Air Act Nonroad Engine and Vehicle Authorizations jlentini on DSK4TPTVN1PROD with NOTICES Section 209(e)(1) of the Act permanently preempts any State, or political subdivision thereof, from adopting or attempting to enforce any standard or other requirement relating to the control of emissions for new nonroad engines or vehicles. States are also preempted 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) requires the Administrator, after notice and opportunity for public hearing, to authorize California to enforce such standards and other requirements, unless EPA makes one of three findings. In addition, other states with 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.5 EPA later revised these regulations in 1997.6 As stated in the preamble to the 3 CARB Enclosure 2, ‘‘Executive Order R–07– 001,’’ EPA–HQ–OAR–2011–0830–0003. 4 CARB Enclosure 3, ‘‘Final Regulation Order,’’ EPA–HQ–OAR–2011–0830–0004. 5 59 FR 36969 (July 20, 1994). 6 See 62 FR 67733 (December 30, 1997). The applicable regulations, now in 40 CFR part 1074, subpart B, § 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 VerDate Mar<15>2010 17:21 Oct 28, 2011 Jkt 226001 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).7 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. III. EPA’s Request for Comments As stated above, EPA is offering the opportunity for a public hearing, and requesting written comment on issues relevant to a full authorization analysis. 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 from California to authorize the state 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. 7 See 59 FR 36969 (July 20, 1994). PO 00000 Frm 00059 Fmt 4703 Sfmt 9990 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 December 15, 2011. 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–2011–0830. 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. 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: October 25, 2011. Margo Tsirigotis Oge, Director, Office of Transportation and Air Quality, Office of Air and Radiation. [FR Doc. 2011–28116 Filed 10–28–11; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Pages 67184-67186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28116]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9484-9]


California State Nonroad Engine Pollution Control Standards; 
Large Spark-Ignition (LSI) Engines; Fleet Requirements for In-Use LSI 
Forklifts and Other Industrial Equipment; Opportunity for Public 
Hearing and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The California Air Resources Board (CARB) has notified EPA 
that it has amended its emission standards and certification and test 
procedures for large spark-ignition nonroad engines (``LSI Emission 
Standards''). CARB has also adopted in-use fleet average emission 
requirements for large- and medium-sized fleets (``LSI In-Use Fleet 
Requirements). California's LSI In-Use Fleet Requirements are 
applicable to fleets comprised of four or more pieces of equipment 
powered by LSI engines, including forklifts, industrial tow tractors, 
sweepers/scrubbers, and airport

[[Page 67185]]

ground support equipment. CARB requests that EPA find the amended LSI 
Emission Standards to be within the scope of a previously granted LSI 
authorization or, in the alternative, grant a new full authorization 
pursuant to Clean Air Act section 209(e). This notice announces that 
EPA has tentatively scheduled a public hearing to consider California's 
LSI Emission Standards and LSI In-Use Fleet Requirements, and that EPA 
is now accepting written comment on the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's 
request on November 15, 2011, at 10 a.m. ET. EPA will hold a hearing 
only if any party notifies EPA by November 7, 2011, expressing interest 
in presenting the agency with oral testimony. Parties wishing to 
present oral testimony at the public hearing should provide written 
notice to Kristien Knapp at the email address noted below. If EPA 
receives a request for a public hearing, that hearing will be held at 
1310 L Street NW., Washington, DC 20005. If EPA does not receive a 
request for a public hearing, then EPA will not hold a hearing, and 
instead consider CARB's request based on written submissions to the 
docket. Any party may submit written comments until December 15, 2011.
    By November 14, 2011, any person who plans to attend the hearing 
may call Kristien Knapp at (202) 343-9949, to learn if a hearing will 
be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0830, by one of the following methods:
     On-Line at https://www.regulations.gov: Follow the On-Line 
Instructions for Submitting Comments.
     Email: a-and-r-docket@epa.gov.
     Fax: (202) 566-1741.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2011-0830, U.S. Environmental Protection Agency, Mailcode: 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.
    On-Line Instructions for Submitting Comments: Direct your comments 
to Docket ID No. EPA-HQ-OAR-2011-0830. 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 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 email. 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 email comment 
directly to EPA without going through https://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 https://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-2011-0830. 
Publicly available docket materials are available either electronically 
through https://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 https://www.epa.gov/oar/docket.html. 
The electronic mail (email) address for the Air and Radiation Docket 
is: a-and-r-Docket@epa.gov, 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 https://www.regulations.gov. After opening the https://www.regulations.gov Web 
site, enter EPA-HQ-OAR-2011-0830, 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 requests. Included on that page are links to prior waiver and 
authorization Federal Register notices. The page can be accessed at 
https://www.epa.gov/otaq/cafr.htm.

FOR FURTHER INFORMATION CONTACT: Kristien G. Knapp, Attorney-Advisor, 
Compliance Division, Office of Transportation and Air Quality, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue (6405J), NW., 
Washington, DC 20460. Telephone: (202) 343-9949. Fax: (202) 343-2804. 
Email: knapp.kristien@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. California's LSI Regulations

    By letter dated December 10, 2008, CARB submitted to EPA its 
request pursuant to section 209(e) of the Clean Air Act (``CAA'' or 
``the Act''), regarding its regulation of emissions from new off-road 
large spark-ignition (LSI) engines and its in-use fleet requirements 
for forklifts and other industrial equipment with LSI engines.\1\ The 
LSI regulations are designed to reduce emissions of hydrocarbons (HC) 
and oxides of nitrogen (NOX) from forklifts and other 
industrial equipment powered by LSI engines. CARB approved the LSI 
regulations at a public hearing on May 25, 2006 (by Resolution 06-
11).\2\ After making modifications to the regulation available on 
December 1, 2006, and February 1, 2007 for supplemental public comment, 
CARB's Executive Officer formally adopted the LSI regulations in 
Executive Order R-07-

[[Page 67186]]

001 on March 2, 2007.\3\ The LSI regulations are codified at title 13, 
California Code of Regulations, sections 2775 through 2775.2 \4\
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    \1\ California Air Resources Board (``CARB''), ``Request for 
Authorization,'' December 10, 2008, EPA-HQ-OAR-2011-0830-0001.
    \2\ CARB Enclosure 1, ``Resolution 06-11,'' EPA-HQ-OAR-2011-
0830-0002.
    \3\ CARB Enclosure 2, ``Executive Order R-07-001,'' EPA-HQ-OAR-
2011-0830-0003.
    \4\ CARB Enclosure 3, ``Final Regulation Order,'' EPA-HQ-OAR-
2011-0830-0004.
---------------------------------------------------------------------------

    Underpinning CARB's LSI regulations is a set of emission standards 
for new off-road LSI engines beginning in 2007. The emission standards 
include: Adoption of EPA's 2007 and later model year emission standards 
for the same engines, more stringent standards for the 2010 and later 
model years, optional certification standards, and more rigorous 
certification and test procedures. The LSI regulations also apply to 
operators of large- and medium-sized fleets of forklifts, sweepers/
scrubbers, airport ground support equipment (GSE), and industrial tow 
tractors with engine displacements of greater than one liter. These 
fleets must meet a fleet average in-use emission standard.

II. Clean Air Act Nonroad Engine and Vehicle Authorizations

    Section 209(e)(1) of the Act permanently preempts any State, or 
political subdivision thereof, from adopting or attempting to enforce 
any standard or other requirement relating to the control of emissions 
for new nonroad engines or vehicles. States are also preempted 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) requires the Administrator, after notice and opportunity for 
public hearing, to authorize California to enforce such standards and 
other requirements, unless EPA makes one of three findings. In 
addition, other states with 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.\5\ EPA later revised 
these regulations in 1997.\6\ 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).\7\
---------------------------------------------------------------------------

    \5\ 59 FR 36969 (July 20, 1994).
    \6\ See 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 from California to authorize the 
state 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.
    \7\ See 59 FR 36969 (July 20, 1994).
---------------------------------------------------------------------------

    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.

III. EPA's Request for Comments

    As stated above, EPA is offering the opportunity for a public 
hearing, and requesting written comment on issues relevant to a full 
authorization analysis. 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 December 15, 2011. 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-2011-0830.
    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. 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: October 25, 2011.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air Quality, Office of Air and 
Radiation.
[FR Doc. 2011-28116 Filed 10-28-11; 8:45 am]
BILLING CODE 6560-50-P
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