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]

Download as PDF 30610 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). VerDate Mar<15>2010 16:58 May 27, 2014 Jkt 232001 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 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 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: E:\FR\FM\28MYN1.SGM 28MYN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices 30611 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 VerDate Mar<15>2010 16:58 May 27, 2014 Jkt 232001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 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, E:\FR\FM\28MYN1.SGM 28MYN1 30612 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. emcdonald on DSK67QTVN1PROD with NOTICES 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). VerDate Mar<15>2010 16:58 May 27, 2014 Jkt 232001 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 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 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. E:\FR\FM\28MYN1.SGM 28MYN1 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 emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:58 May 27, 2014 Jkt 232001 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 PO 00000 U.S.C. 9604(i)(2)(A). U.S.C. 9604(i)(2)(B). Frm 00075 Fmt 4703 Sfmt 4703 30613 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.

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

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
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