California State Nonroad Engine Pollution Control Standards; Small Off-Road Engines Regulation; Request for Within-the-Scope and Full Authorization; Opportunity for Public Hearing and Comment, 30610-30613 [2014-12017]
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
209(b)(1)(C) (as EPA has interpreted that
subsection in the context of section
209(b) motor vehicle waivers).8
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.
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-thescope confirmation, without a full
authorization review, is permissible if
three conditions are met. 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.
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
pertaining to CARB’s amendments
affecting compliance flexibility and
reduced compliance costs. Specifically,
we request comment on whether
California’s CHE amendments: (1)
Undermine California’s previous
8 59
FR 36969 (July 20, 1994).
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determination that its standards, in the
aggregate, are at least as protective of
public health and welfare as comparable
federal standards; (2) affect the
consistency of California’s requirements
with section 209 of the Act; or (3) raise
any other new issues affecting EPA’s
previous waiver or authorization
determinations.
Should any party believe that the
amendments noted above are not within
the scope of the previous authorization,
EPA also requests comment on whether
the CARB CHE 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.
EPA also requests comment on
whether the CHE amendments, for
which CARB seeks a full authorization,
meet the criteria of section 209(e) for a
full authorization.
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 July 21, 2014.
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 a hearing is
conducted), 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–
2014–0060.
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
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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: May 15, 2014.
Christopher Grundler,
Director, Office of Transportation and Air
Quality, Office of Air and Radiation.
[FR Doc. 2014–12009 Filed 5–27–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9911–34–OAR]
California State Nonroad Engine
Pollution Control Standards; Small OffRoad Engines Regulation; Request for
Within-the-Scope and Full
Authorization; Opportunity for Public
Hearing and Comment
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The California Air Resources
Board (CARB) has notified the
Environmental Protection Agency (EPA)
that it has adopted amendments to its
spark-ignited (SI) Small Off-Road
Engines (SORE) regulation (2008 SORE
amendments). By letter dated December
2, 2013, ARB asked that EPA authorize
these amendments pursuant to section
the Clean Air Act. CARB seeks
confirmation that the amendments are
within the scope of a prior authorization
issued by EPA, or, in the alternative,
that the amendments merit full
authorization. This notice announces
that EPA has tentatively scheduled a
public hearing to consider California’s
authorization request for the 2008 SORE
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 June 19, 2014, at 10 a.m. ET.
EPA will hold a hearing only if any
party notifies EPA by June 9, 2014 to
express interest in presenting the agency
with oral testimony. Parties wishing 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 1310 L Street NW., Washington,
DC 20005. If EPA does not receive a
SUMMARY:
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices
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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–2014–0036. 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-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, in the ‘‘Enter Keyword or ID’’ fillin 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 https://
www.epa.gov/otaq/cafr.htm.
FOR FURTHER INFORMATION CONTACT:
David Dickinson, Attorney-Advisor,
Compliance Division, Office of
Transportation and Air Quality, U.S.
Continued
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 July 21, 2014.
Any person who wishes to know
whether a hearing will be held may call
David Dickinson at (202) 343–9256 on
or after June 13, 2014. Submit your
comments, identified by Docket ID No.
EPA–HQ–OAR–2014–0036, by one of
the following methods:
• Online at https://
www.regulations.gov: Follow the Online
Instructions for Submitting Comments.
• Email: a-and-r-docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: Air and Radiation Docket,
Docket ID No. EPA–HQ–OAR–2014–
0036, 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
Docket ID No. EPA–HQ–OAR–2014–
0036. 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
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Environmental Protection Agency, 1200
Pennsylvania Avenue (6405J) NW.,
Washington, DC 20460. Telephone:
(202) 343–9256. Fax: (202)343–2804.
Email: Dickinson.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. California’s SORE Regulation
Small off-road engines and
equipment 1 are rated at or below 19
kilowatts (kW) (25 horsepower (hp)).
The vast majority of engines covered by
the SORE regulations are SI engines that
are used to power a broad range of
equipment, including lawn mowers, leaf
blowers, generators, and small
industrial equipment. Exhaust and
evaporative emissions from these
engines are a significant source of
hydrocarbons and oxides of nitrogen,
pollutants that contribute to smog
problems in California.
CARB promulgated its first SORE
regulations in 1992 and amended them
in 1993. EPA authorized the regulations,
as amended, on July 5, 1995.2 CARB
further amended these regulations in
1994, 1995, and 1996, and EPA
confirmed all the amendments to be
within the scope of the prior approval
on November 9, 2000.3 CARB again
amended the SORE regulations in 1998,
this time requesting within-the-scope
determination for all but one of the
amendments, for which full
authorization was requested. EPA
issued its within-the-scope
determination on November 9, 2000, for
these former amendments, and a full
authorization on November 10, 2003, for
the latter amendment.4 In 2000 and
again in 2004, CARB amended the SORE
regulations to more closely align with
the federal SORE program. EPA
confirmed that the 2000 amendments
were within the scope of the previously
granted SORE authorization in
February, 2010, and also granted a full
authorization for the 2004 amendments
to standards and test procedures for
certain nonroad compression ignition
engines.5 EPA issued a full
authorization for CARB’s 2004
amendments to the SI SORE regulations
on December 11, 2006.6
CARB adopted the 2008 SORE
amendments on November 21, 2008.7
1 The federal term ‘‘nonroad’’ and the California
term ‘‘off-road’’ are used interchangeably.
2 60 FR 37440 (July 20, 1995).
3 65 FR. 69763 (November 20, 2000).
4 65 FR 69767 (November 20, 2000); 68 FR 65702
(November 21, 2003).
5 75 FR 8056 (February 23, 2010).
6 71 FR 75536 (December 15, 2006).
7 The specific regulatory text for the 2008
amendments is codified at title 13, California Code
of Regulations (CCR), sections 2401, 2403, 2404,
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices
The 2008 SORE amendments made
three further changes to California’s
SORE regulations. First, California
modified certification emissions credits
to expire five years after creation, and
permitted the generation of certification
emissions credits through the
production of professional grade zeroemissions equipment. Second, the
amendments eliminated production
emissions credits, and provided
manufacturers with the option to
convert production emissions credits
into certification emissions credits until
2010. Third, manufacturers were
permitted to use a certification fuel with
up to ten volume percent ethanol
content, provided that the same fuel is
used for certification with the EPA.
By letter dated December 2, 2013,
CARB submitted a request to EPA
pursuant to section 209(e) of the Clean
Air Act (CAA or the Act) for
authorization of its 2008 SORE
amendments. CARB seeks EPA’s
confirmation that the 2008 SORE
amendments fall within the scope of
EPA’s previous authorizations,8 or, in
the alternate, a full authorization for
those amendments.
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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
enforce such standards and other
requirements, unless EPA makes one of
three findings. 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
2405, 2406, 2408, 2408.1 and 2409 (see enclosure
6 to CARB’s December 2, 2013 request). California’s
Office of Administrative Law formally approved the
rulemaking on April 5, 2010 and the regulations
became effective on May 5, 2010.
8 EPA’s most recent authorizations for CARB’s
SORE regulations can be found at 71 FR 75536
(December 15, 2006) and 75 FR 8056 (February 23,
2010).
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authorization request for new nonroad
engine or vehicle emission standards.9
EPA revised these regulations in 1997.10
The authorization criteria are (1)
whether California’s protectiveness
determination that its standards, in the
aggregate, are at least as protective of
public health and welfare as comparable
federal standards is arbitrary and
capricious; (2) California does not need
such standards to meet compelling and
extraordinary conditions; or (3) The
California standards and accompanying
enforcement procedures are not
consistent with section 209 of the Act.
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).11
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.
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-the9 59
FR 36969 (July 20, 1994).
FR 67733 (December 30, 1997). The
applicable regulations are now in 40 CFR part 1074,
subpart B, § 1074.105.
11 59 FR 36969 (July 20, 1994).
10 62
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scope confirmation, without a full
authorization review, is permissible if
three conditions are met. 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.
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 2008 SORE
amendments: (1) 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;
(2) affect the consistency of California’s
requirements with section 209 of the
Act; or (3) 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 2008
SORE 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 July 21, 2014.
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–2014–0036.
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices
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: May 15, 2014.
Christopher Grundler,
Director, Office of Transportation and Air
Quality, Office of Air and Radiation.
[FR Doc. 2014–12017 Filed 5–27–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Agency for Toxic Substances and
Disease Registry
Notice of the Revised Priority List of
Hazardous Substances That Will Be
Candidates for Toxicological Profiles
Agency for Toxic Substances
and Disease Registry (ATSDR),
Department of Health and Human
Services (HHS).
ACTION: Notice.
AGENCY:
The Comprehensive
Environmental Response,
Compensation, and Liability Act of 1980
(CERCLA or Superfund), as amended by
the Superfund Amendments and
Reauthorization Act of 1986 (SARA),
requires that ATSDR and the
Environmental Protection Agency (EPA)
prepare a Priority List of Hazardous
Substances commonly found at facilities
on the CERCLA National Priorities List
(NPL). The Priority List of Hazardous
Substances includes substances that
have been determined to be of greatest
public health concern to persons at or
near NPL sites. CERCLA, as amended,
also requires that the Priority List of
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SUMMARY:
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Hazardous Substances be revised
periodically.
This announcement provides notice
that a revised Priority List of 275
Hazardous Substances has been
developed and is now available.
CERCLA, as amended, also requires
ATSDR to prepare and to periodically
revise toxicological profiles on
hazardous substances included in the
priority list. Thus, each priority list
substance is a potential toxicological
profile subject, as well as a candidate for
identification of priority data needs.
In addition to the Priority List of
Hazardous Substances, ATSDR has
developed a Completed Exposure
Pathway Site Count Report. This report
lists the number of sites or events at
which ATSDR is involved and wherein
a substance has been found in a
completed exposure pathway (CEP).
Address for Printed Copy: Requests
for a printed copy of the 2013 Priority
List of Hazardous Substances and
Support Document, including the CEP
report, should be submitted to Ms.
Nickolette Roney, Division of
Toxicology and Human Health Sciences,
ATSDR, Mail Stop F–57, 1600 Clifton
Road, NE., Atlanta, GA 30333.
Electronic Availability: The 2013
Priority List of Hazardous Substances
and Support Document are posted on
ATSDR’s Web site located at
www.atsdr.cdc.gov/SPL. The CEP Report
is posted at www.atsdr.cdc.gov/CEP.
FOR FURTHER INFORMATION CONTACT: Ms.
Nickolette Roney, Division of
Toxicology and Human Health Sciences,
ATSDR, 1600 Clifton Road NE., Mail
Stop F–57, Atlanta, GA 30333,
telephone 800–232–4636.
This is an informational notice only;
comments are not being solicited at this
time.
SUPPLEMENTARY INFORMATION: CERCLA
establishes certain requirements for
ATSDR and EPA with regard to
hazardous substances most commonly
found at facilities on the CERCLA NPL.
Section 104(i)(2)(A) of CERCLA, as
amended,1 requires that ATSDR and
EPA prepare a list, in order of priority,
of at least 100 hazardous substances
most commonly found at facilities on
the NPL and which, in the agencies’ sole
discretion, pose the most significant
potential threats to human health (see
also 52 FR 12866, April 17, 1987).
CERCLA section 104(i)(2)(B) 2 also
requires the agencies to revise the
priority list to include 100 or more
additional hazardous substances (see
also 53 FR 41280, October 20, 1988),
1 42
2 42
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U.S.C. 9604(i)(2)(B).
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and to include at least 25 additional
hazardous substances in each of the
three successive years following the
1988 revision (see 54 FR 43615, October
26, 1989; 55 FR 42067, October 17,
1990; and 56 FR 52166, October 17,
1991). CERCLA section 104(i)(2)(B)
further requires ATSDR and EPA at least
annually to revise the list to include any
additional hazardous substances that
have been determined to pose the most
significant potential threat to human
health.
In 1995, the agencies, recognizing the
stability of this listing activity, altered
the priority list publication schedule (60
FR 16478, March 30, 1995). As a result,
the substance priority list is now on a
2-year publication schedule, with
annual informal review and revision.
Each substance on the Priority List of
Hazardous Substances is a potential
subject of a toxicological profile
prepared by ATSDR and, subsequently,
a candidate for the identification of
priority data needs.
The ranking of substances on the
priority list is based on an algorithm
that consists of three criteria, weighted
equally and combined to result in the
total score. The three criteria are: (1)
Frequency of occurrence at NPL sites;
(2) toxicity; and (3) potential for human
exposure. The site-specific information
used to develop the priority list has
been collected from ATSDR public
health assessments and from site-file
data packages used to develop the
public health assessments. Since the
development of the 2011 substance
priority list, additional site specific
information has been collected. The
new information may include more
recent NPL frequency-of-occurrence
data, additional environmental media
concentration data, and more
information on exposure to substances
at NPL sites. Using these additional
data, one substance has been replaced
on the list of 275 substances since the
2011 publication. Changes in the order
of substances appearing on the Priority
List of Hazardous Substances will be
reflected in program activities that rely
on the list for guiding future activities.
Using the current algorithm, a total of
848 candidate substances have been
analyzed and ranked. Of these
candidates, the 275 substances on the
priority list may in the future become
the subject of toxicological profiles.
Additional information on the
existing methodology used in the
development of the Priority List of
Hazardous Substances can be found in
the Support Document and in the abovereferenced Federal Register notices.
In addition to the revised priority list,
ATSDR is also releasing a revised
E:\FR\FM\28MYN1.SGM
28MYN1
Agencies
[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30610-30613]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12017]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9911-34-OAR]
California State Nonroad Engine Pollution Control Standards;
Small Off-Road Engines Regulation; Request for Within-the-Scope and
Full 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 spark-ignited (SI) Small Off-Road Engines (SORE) regulation (2008
SORE amendments). By letter dated December 2, 2013, ARB asked that EPA
authorize these amendments pursuant to section the Clean Air Act. CARB
seeks confirmation that the amendments are within the scope of a prior
authorization issued by EPA, or, in the alternative, that the
amendments merit full authorization. This notice announces that EPA has
tentatively scheduled a public hearing to consider California's
authorization request for the 2008 SORE 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 June 19, 2014, at 10 a.m. ET. EPA will hold a hearing only
if any party notifies EPA by June 9, 2014 to express interest in
presenting the agency with oral testimony. Parties wishing 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 1310 L
Street NW., Washington, DC 20005. If EPA does not receive a
[[Page 30611]]
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 July 21, 2014.
Any person who wishes to know whether a hearing will be held may
call David Dickinson at (202) 343-9256 on or after June 13, 2014.
Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2014-0036,
by one of the following methods:
Online at https://www.regulations.gov: Follow the Online
Instructions for Submitting Comments.
Email: a-and-r-docket@epa.gov.
Fax: (202) 566-9744.
Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2014-0036, 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 Docket ID No. EPA-HQ-OAR-2014-0036. 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-2014-0036.
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, 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 https://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 (6405J) NW.,
Washington, DC 20460. Telephone: (202) 343-9256. Fax: (202)343-2804.
Email: Dickinson.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. California's SORE Regulation
Small off-road engines and equipment \1\ are rated at or below 19
kilowatts (kW) (25 horsepower (hp)). The vast majority of engines
covered by the SORE regulations are SI engines that are used to power a
broad range of equipment, including lawn mowers, leaf blowers,
generators, and small industrial equipment. Exhaust and evaporative
emissions from these engines are a significant source of hydrocarbons
and oxides of nitrogen, pollutants that contribute to smog problems in
California.
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\1\ The federal term ``nonroad'' and the California term ``off-
road'' are used interchangeably.
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CARB promulgated its first SORE regulations in 1992 and amended
them in 1993. EPA authorized the regulations, as amended, on July 5,
1995.\2\ CARB further amended these regulations in 1994, 1995, and
1996, and EPA confirmed all the amendments to be within the scope of
the prior approval on November 9, 2000.\3\ CARB again amended the SORE
regulations in 1998, this time requesting within-the-scope
determination for all but one of the amendments, for which full
authorization was requested. EPA issued its within-the-scope
determination on November 9, 2000, for these former amendments, and a
full authorization on November 10, 2003, for the latter amendment.\4\
In 2000 and again in 2004, CARB amended the SORE regulations to more
closely align with the federal SORE program. EPA confirmed that the
2000 amendments were within the scope of the previously granted SORE
authorization in February, 2010, and also granted a full authorization
for the 2004 amendments to standards and test procedures for certain
nonroad compression ignition engines.\5\ EPA issued a full
authorization for CARB's 2004 amendments to the SI SORE regulations on
December 11, 2006.\6\
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\2\ 60 FR 37440 (July 20, 1995).
\3\ 65 FR. 69763 (November 20, 2000).
\4\ 65 FR 69767 (November 20, 2000); 68 FR 65702 (November 21,
2003).
\5\ 75 FR 8056 (February 23, 2010).
\6\ 71 FR 75536 (December 15, 2006).
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CARB adopted the 2008 SORE amendments on November 21, 2008.\7\
[[Page 30612]]
The 2008 SORE amendments made three further changes to California's
SORE regulations. First, California modified certification emissions
credits to expire five years after creation, and permitted the
generation of certification emissions credits through the production of
professional grade zero-emissions equipment. Second, the amendments
eliminated production emissions credits, and provided manufacturers
with the option to convert production emissions credits into
certification emissions credits until 2010. Third, manufacturers were
permitted to use a certification fuel with up to ten volume percent
ethanol content, provided that the same fuel is used for certification
with the EPA.
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\7\ The specific regulatory text for the 2008 amendments is
codified at title 13, California Code of Regulations (CCR), sections
2401, 2403, 2404, 2405, 2406, 2408, 2408.1 and 2409 (see enclosure 6
to CARB's December 2, 2013 request). California's Office of
Administrative Law formally approved the rulemaking on April 5, 2010
and the regulations became effective on May 5, 2010.
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By letter dated December 2, 2013, CARB submitted a request to EPA
pursuant to section 209(e) of the Clean Air Act (CAA or the Act) for
authorization of its 2008 SORE amendments. CARB seeks EPA's
confirmation that the 2008 SORE amendments fall within the scope of
EPA's previous authorizations,\8\ or, in the alternate, a full
authorization for those amendments.
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\8\ EPA's most recent authorizations for CARB's SORE regulations
can be found at 71 FR 75536 (December 15, 2006) and 75 FR 8056
(February 23, 2010).
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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 enforce such standards and other
requirements, unless EPA makes one of three findings. 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.\9\ EPA revised these
regulations in 1997.\10\ The authorization criteria are (1) whether
California's protectiveness determination that its standards, in the
aggregate, are at least as protective of public health and welfare as
comparable federal standards is arbitrary and capricious; (2)
California does not need such standards to meet compelling and
extraordinary conditions; or (3) The California standards and
accompanying enforcement procedures are not consistent with section 209
of the Act. 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).\11\
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\9\ 59 FR 36969 (July 20, 1994).
\10\ 62 FR 67733 (December 30, 1997). The applicable regulations
are now in 40 CFR part 1074, subpart B, Sec. 1074.105.
\11\ 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.
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. 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.
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 2008 SORE amendments: (1) 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; (2) affect the consistency of California's requirements with
section 209 of the Act; or (3) 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 2008 SORE 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 July 21, 2014. 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-2014-0036.
[[Page 30613]]
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: May 15, 2014.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and
Radiation.
[FR Doc. 2014-12017 Filed 5-27-14; 8:45 am]
BILLING CODE 6560-50-P