California State Nonroad Engine Pollution Control Standards; Large Spark-Ignition Engines Regulation; Request for Authorization; Opportunity for Public Hearing and Comment, 69845-69848 [2014-27801]

Download as PDF Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 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.14 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. asabaliauskas on DSK5VPTVN1PROD with NOTICES 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. Specifically, we request comment on whether California’s CHC amendments: (a) Undermine California’s previous determination that its standards, in the aggregate, are at least as protective of public health and welfare as comparable federal standards; (b) affect the consistency of California’s requirements with section 209 of the Act; or (c) raise any other new issues affecting EPA’s previous waiver or authorization determinations. Should any party believe that the amendments noted within CARB’s request are not within the scope of the previous authorization, EPA also requests comment on whether the CARB CHC 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 CHC 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 14 See 78 FR 38970, 38972 (June 28, 2013). VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 public hearing is held, EPA will keep the record open until February 16, 2015. Upon expiration of the comment period, the Administrator will render a decision on CARB’s request based on the record from the public hearing (if 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– 2014–0534. 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: November 12, 2014. Christopher Grundler, Director, Office of Transportation and Air Quality, Office of Air and Radiation. [FR Doc. 2014–27807 Filed 11–21–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9919–57–OAR] California State Nonroad Engine Pollution Control Standards; Large Spark-Ignition Engines Regulation; Request for Authorization; Opportunity for Public Hearing and Comment 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 large spark-ignited engines regulation (LSI amendments). By letter dated June 2, 2014, CARB asked that EPA either SUMMARY: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 69845 confirm that the LSI amendments (adopted in 2008 and 2010) are within the scope of prior authorizations or that EPA issue a full authorization for those LSI amendments found not to be within the scope of prior authorizations, pursuant to section 209(e) of the Clean Air Act (CAA or Act). This notice announces that EPA has tentatively scheduled a public hearing to consider California’s authorization request for the LSI amendments, and that EPA is now accepting written comment on the request. EPA has tentatively scheduled a public hearing concerning CARB’s request on January 14, 2015, at 10 a.m. ET. EPA will hold a hearing only if any party notifies EPA by December 15, 2014, to express interest in presenting the agency with oral testimony. Parties that wish to present oral testimony at the public hearing should provide written notice to David Dickinson at the email address noted below. If EPA receives a request for a public hearing, that hearing will be held at the William Jefferson Clinton Building (North), Room 5530, 1200 Pennsylvania Avenue NW., Washington, DC 20460. If EPA does not receive a request for a public hearing, then EPA will not hold a hearing, and instead will consider CARB’s request based on written submissions to the docket. Any party may submit written comments until February 16, 2015. Any person who wishes to know whether a hearing will be held may call David Dickinson at (202) 343–9256 on or after December 17, 2014. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2014–0533, by one of the following methods: • Online at http:// www.regulations.gov: Follow the Online Instructions for Submitting Comments. • Email: a-and-r-docket@epa.gov. • Fax: (202) 566–9744. • Mail: Air and Radiation Docket, Docket ID No. EPA–HQ–OAR–2014– 0533, U.S. Environmental Protection Agency, Mail code: 6102T, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Please include a total of two copies. • Hand Delivery: EPA Docket Center, Public Reading Room, EPA West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20460. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Online Instructions for Submitting Comments: Direct your comments to DATES: E:\FR\FM\24NON1.SGM 24NON1 asabaliauskas on DSK5VPTVN1PROD with NOTICES 69846 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices Docket ID No. EPA–HQ–OAR–2014– 0533. EPA’s policy is that all comments we receive will be included in the public docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or email. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through http:// www.regulations.gov, your email address will automatically be captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm. EPA will make available for public inspection materials submitted by CARB, written comments received from any interested parties, and any testimony given at the public hearing. Materials relevant to this proceeding are contained in the Air and Radiation Docket and Information Center, maintained in Docket ID No. EPA–HQ– OAR–2014–0533. Publicly available docket materials are available either electronically through http:// www.regulations.gov or in hard copy at the Air and Radiation Docket in the EPA Headquarters Library, EPA West Building, Room 3334, located at 1301 Constitution Avenue NW., Washington, DC. The Public Reading Room is open to the public on all federal government work days from 8:30 a.m. to 4:30 p.m.; generally, it is open Monday through Friday, excluding holidays. The telephone number for the Reading Room is (202) 566–1744. The Air and Radiation Docket and Information VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 Center’s Web site is http://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 http:// www.regulations.gov. After opening the http://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 http:// www.epa.gov/otaq/cafr.htm. FOR FURTHER INFORMATION CONTACT: David Dickinson, Attorney-Advisor, Compliance Division, Office of Transportation and Air Quality, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue (6405A) NW., Washington, DC 20460. Telephone: (202) 343–9256. Fax: (202) 343–2804. Email: Dickinson.david@epa.gov. SUPPLEMENTARY INFORMATION: I. California’s LSI Regulations CARB promulgated its first LSI regulations, applicable to new LSI engines, in 1999 and they remained unchanged until the 2008 amendments.1 EPA authorized the LSI regulations, on May 15, 2006.2 The 1999 LSI regulations established exhaust emission standards and associated test procedures for LSI engines based upon engine displacements. The exhaust emission standards applicable to 2002 and subsequent model years (MYs) with displacements up to one liter were identical to the emission standards applicable to California small off-road engines (SORE) with engines greater than or equal to 225 cubic centimeters and have remained unchanged except CARB subsequently adopted more stringent exhaust emission standards for engines greater than 225 cubic centimeters.3 CARB adopted its initial 1 Title 13, California Code of Regulations, sections 2430–2439. 2 71 FR 29623 (May 15, 2006). 3 EPA granted an authorization for these amendments at 71 FR 75536 (December 15, 2006). PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 off-road LSI fleet operator regulations on May 25, 2006 (Fleet Operator Regulations).4 The Fleet Operator Regulations are designed to address the hydrocarbon and nitrogen oxide emissions from existing LSI engines operating in California and require fleets to meet certain fleet average emission level standards. CARB adopted the 2008 LSI amendments on November 21, 2008. The 2008 LSI amendments create two new engine categories below one liter displacement, with new more stringent exhaust and evaporative emission standards applicable to new engines, and provide clarification as to when CARB’s off-road sport or utility regulations apply to certain LSI engines. CARB adopted the 2010 LSI amendments on December 17, 2010. These amendments are designed to provide compliance flexibility which will allow operators to reduce their compliance costs while retaining the emission benefits associated with the original regulations. By letter dated June 2, 2014, CARB submitted a request to EPA pursuant to section 209(e) of the CAA for authorization of its 2008 and 2010 LSI amendments. CARB seeks EPA’s confirmation that these amendments fall within the scope of EPA’s previous authorization, or, in the alternative, a full authorization. II. Clean Air Act Nonroad Engine and Vehicle Authorizations Section 209(e)(1) of the CAA prohibits states and local governments from adopting or attempting to enforce any standard or requirement relating to the control of emissions from new nonroad vehicles or engines. The Act also preempts states from adopting and enforcing standards and other requirements related to the control of emissions from non-new nonroad engines or vehicles. Section 209(e)(2), however, requires the Administrator, after notice and opportunity for public hearing, to authorize California to adopt and enforce standards and other requirements relating to the control of emissions from such vehicles or engines if California determines that California standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards. However, EPA shall not grant such authorization if it finds that (1) the CARB also adopted amendments establishing more stringent exhaust emission standards for engines equal to or greater than one liter in 2007 and EPA granted an authorization for these amendments at 77 FR 20388 (April 4, 2012). 4 EPA granted an authorization for these regulations at 77 FR 20388 (April 4, 2012). E:\FR\FM\24NON1.SGM 24NON1 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES determination of California is arbitrary and capricious; (2) California does not need such California standards to meet compelling and extraordinary conditions; or (3) California standards and accompanying enforcement procedures are not consistent with [CAA section 209].5 In addition, other states with air quality attainment plans may adopt and enforce such regulations if the standards, and implementation and enforcement procedures, are identical to California’s standards. On July 20, 1994, EPA promulgated a rule that sets forth, among other things, regulations providing the criteria, as found in section 209(e)(2), which EPA must consider before granting any California authorization request for new nonroad engine or vehicle emission standards.6 EPA revised these regulations in 1997.7 As stated in the preamble to the 1994 rule, EPA has historically interpreted the section 209(e)(2)(iii) ‘‘consistency’’ inquiry to require, at minimum, that California standards and enforcement procedures be consistent with section 209(a), 5 EPA’s review of California regulations under section 209 is not a broad review of the reasonableness of the regulations or its compatibility with all other laws. Sections 209(b) and 209(e) of the Clean Air Act limit EPA’s authority to deny California requests for waivers and authorizations to the three criteria listed therein. As a result, EPA has consistently refrained from denying California’s requests for waivers and authorizations based on any other criteria. In instances where the U.S. Court of Appeals has reviewed EPA decisions declining to deny waiver requests based on criteria not found in section 209(b), the Court has upheld and agreed with EPA’s determination. See Motor and Equipment Manufacturers Ass’n v. Nichols, 142 F.3d 449, 462– 63, 466–67 (D.C. Cir.1998), Motor and Equipment Manufacturers Ass’n v. EPA, 627 F.2d 1095, 1111, 1114–20 (D.C. Cir. 1979). See also 78 FR 58090, 58120 (September 20, 2013). 6 59 FR 36969 (July 20, 1994). 7 62 FR 67733 (December 30, 1997). The applicable regulations, now in 40 CFR part 1074, subpart B, § 1074.105, provide: (a) The Administrator will grant the authorization if California determines that its standards will be, in the aggregate, at least as protective of public health and welfare as otherwise applicable federal standards. (b) The authorization will not be granted if the Administrator finds that any of the following are true: (1) California’s determination is arbitrary and capricious. (2) California does not need such standards to meet compelling and extraordinary conditions. (3) The California standards and accompanying enforcement procedures are not consistent with section 209 of the Act. (c) In considering any request to authorize California to adopt or enforce standards or other requirements relating to the control of emissions from new nonroad spark-ignition engines smaller than 50 horsepower, the Administrator will give appropriate consideration to safety factors (including the potential increased risk of burn or fire) associated with compliance with the California standard. VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 section 209(e)(1), and section 209(b)(1)(C) (as EPA has interpreted that subsection in the context of section 209(b) motor vehicle waivers).8 In order to be consistent with section 209(a), California’s nonroad standards and enforcement procedures must not apply to new motor vehicles or new motor vehicle engines. To be consistent with section 209(e)(1), California’s nonroad standards and enforcement procedures must not attempt to regulate engine categories that are permanently preempted from state regulation. To determine consistency with section 209(b)(1)(C), EPA typically reviews nonroad authorization requests under the same ‘‘consistency’’ criteria that are applied to motor vehicle waiver requests. Pursuant to section 209(b)(1)(C), the Administrator shall not grant California a motor vehicle waiver if she finds that California ‘‘standards and accompanying enforcement procedures are not consistent with section 202(a)’’ of the Act. Previous decisions granting waivers and authorizations have noted that state standards and enforcement procedures are inconsistent with section 202(a) if: (1) There is inadequate lead time to permit the development of the necessary technology giving appropriate consideration to the cost of compliance within that time, or (2) the Federal and state testing procedures impose inconsistent certification requirements.9 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.10 First, the amended regulations must not undermine California’s determination that its standards, in the aggregate, are as protective of public health and welfare as applicable Federal standards. Second, the amended regulations must not affect consistency with section 202(a) of the Act. Third, the amended regulations must not raise any ‘‘new issues’’ affecting EPA’s prior authorizations. III. EPA’s Request for Comments As stated above, EPA is offering the opportunity for a public hearing, and is requesting written comment on issues relevant to a within-the-scope analysis. Specifically, we request comment on whether California’s LSI amendments: 8 59 9 Id. FR 36969 (July 20, 1994). See also 78 FR 58090, 58092 (September 20, 2013). 10 See 78 FR 38970, 38972 (June 28, 2013). PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 69847 (a) Undermine California’s previous determination that its standards, in the aggregate, are at least as protective of public health and welfare as comparable Federal standards; (b) affect the consistency of California’s requirements with section 209 of the Act; or (c) raise any other new issues affecting EPA’s previous waiver or authorization determinations. Should any party believe that the amendments are not within the scope of the previous authorization, EPA also requests comment on whether the LSI amendments meet the criteria for a full authorization. Specifically, we request comment on: (a) Whether CARB’s determination that its standards, in the aggregate, are at least as protective of public health and welfare as applicable federal standards is arbitrary and capricious; (b) whether California needs such standards to meet compelling and extraordinary conditions; and (c) whether California’s standards and accompanying enforcement procedures are consistent with section 209 of the Act. IV. Procedures for Public Participation If a hearing is held, the Agency will make a verbatim record of the proceedings. Interested parties may arrange with the reporter at the hearing to obtain a copy of the transcript at their own expense. Regardless of whether a public hearing is held, EPA will keep the record open until February 16, 2015. Upon expiration of the comment period, the Administrator will render a decision on CARB’s request based on the record from the public hearing, if any, all relevant written submissions, and other information that she deems pertinent. All information will be available for inspection at the EPA Air Docket No. EPA–HQ–OAR–2014–0533. Persons with comments containing proprietary information must distinguish such information from other comments to the greatest extent possible and label it as ‘‘Confidential Business Information’’ (‘‘CBI’’). If a person making comments wants EPA to base its decision on a submission labeled as CBI, then a non-confidential version of the document that summarizes the key data or information should be submitted to the public docket. To ensure that proprietary information is not inadvertently placed in the public docket, submissions containing such information should be sent directly to the contact person listed above and not to the public docket. Information covered by a claim of confidentiality will be disclosed by EPA only to the extent allowed, and according to the procedures set forth in 40 CFR part 2. E:\FR\FM\24NON1.SGM 24NON1 69848 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 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. FEDERAL COMMUNICATIONS COMMISSION Dated: November 12, 2014. Christopher Grundler, Director, Office of Transportation and Air Quality, Office of Air and Radiation. commence at 2:30 p.m. in Room TW– C305, at 445 12th Street SW., Washington, DC. October 17, 2014. FCC To Hold Special Commission Meeting; Friday, October 24, 2014 The Federal Communications Commission will hold a Special Commission Meeting on the subject listed below on Friday, October 24, 2014. The meeting is scheduled to [FR Doc. 2014–27801 Filed 11–21–14; 8:45 am] BILLING CODE 6560–50–P Item No. Bureau Subject 1 ...................................................... ENFORCEMENT ........................... TITLE: Enforcement Bureau Action. SUMMARY: The Commission will consider whether to take an enforcement action. Additional information concerning this meeting may be obtained from Mark Wigfield, Office of Media Relations, (202) 418–0253; TTY 1–888–835–5322. Copies of materials adopted at this meeting can be purchased from the FCC’s duplicating contractor, Best Copy and Printing, Inc. (202) 488–5300; Fax (202) 488–5563; TTY (202) 488–5562. These copies are available in paper format and alternative media, including large print/type; digital disk; and audio and video tape. Best Copy and Printing, Inc. may be reached by email at FCC@ BCPIWEB.com. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2014–27564 Filed 11–21–14; 8:45 am] BILLING CODE 6712–01–P FEDERAL MARITIME COMMISSION [Docket No. 14–14] asabaliauskas on DSK5VPTVN1PROD with NOTICES Mark Barr v. Ocean Trade Lines, Inc.; Notice of Filing of Complaint and Assignment Notice is given that a complaint has been filed with the Federal Maritime Commission (Commission) by Mark Barr, hereinafter ‘‘Complainant,’’ against Ocean Trade Lines, Inc., hereinafter ‘‘Respondent.’’ Complainant states that he is a resident of the United Kingdom. Complainant alleges that Respondent is a non-vessel-operating common carrier (NVOCC) licensed by the Commission with its primary place of business in Florida. Complainant alleges that Respondent has violated the Shipping Act, 46 U.S.C. 41102(c), 41104(2), 41104(3), 41104(4), in connection with a contract for shipment of a sailboat from Port Everglades, FL to Southampton UK. Complainant alleges that the sailboat was not transported by Respondent and VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 Respondent did not refund the freight charges to Complainant. Complainants seeks reparations in the amount of $16,239, plus interest and reasonable attorneys fees; payment of additional amounts if violations of 46 U.S.C. 41104(3) are found; ‘‘a determination whether Ocean Trade Lines should be ordered to cease and desist from all such practices; . . . a determination whether the OTI license of Ocean Trade Lines should be suspended or revoked, as provided in 46 U.S.C. 40903(A); and . . . such other relief or orders as the Commission may determine.’’ The full text of the complaint can be found in the Commission’s Electronic Reading Room at www.fmc.gov/14–14. This proceeding has been assigned to the Office of Administrative Law Judges. The initial decision of the presiding officer in this proceeding shall be issued by November 18, 2015 and the final decision of the Commission shall be issued by May 19, 2016. Rachel E. Dickon, Assistant Secretary. [FR Doc. 2014–27690 Filed 11–21–14; 8:45 am] BILLING CODE 6730–01–P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Home Owners’ Loan Act (12 U.S.C. 1461 et seq.) (HOLA), Regulation LL (12 CFR part 238), and Regulation MM (12 CFR part 239), and all other applicable statutes and regulations to become a savings and loan holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a PO 00000 Frm 00027 Fmt 4703 Sfmt 9990 savings association and nonbanking companies owned by the savings and loan holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the HOLA (12 U.S.C. 1467a(e)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 10(c)(4)(B) of the HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than December 19, 2014. A. Federal Reserve Bank of Philadelphia (William Lang, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105– 1521: 1. Cape Bancorp, Inc., and Cape Bank, both in Cape May Court House, New Jersey; to acquire 100 percent of the voting shares of Colonial Financial Services, Inc., and Colonial Bank Federal Savings Bank, both in Vineland, New Jersey. Board of Governors of the Federal Reserve System, November 19, 2014. Michael J. Lewandowski, Associate Secretary of the Board. [FR Doc. 2014–27765 Filed 11–21–14; 8:45 am] BILLING CODE 6210–01–P E:\FR\FM\24NON1.SGM 24NON1

Agencies

[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Pages 69845-69848]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27801]


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 ENVIRONMENTAL PROTECTION AGENCY

[FRL-9919-57-OAR]


California State Nonroad Engine Pollution Control Standards; 
Large Spark-Ignition Engines Regulation; Request for Authorization; 
Opportunity for Public Hearing and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The California Air Resources Board (CARB) has notified the 
Environmental Protection Agency (EPA) that it has adopted amendments to 
its large spark-ignited engines regulation (LSI amendments). By letter 
dated June 2, 2014, CARB asked that EPA either confirm that the LSI 
amendments (adopted in 2008 and 2010) are within the scope of prior 
authorizations or that EPA issue a full authorization for those LSI 
amendments found not to be within the scope of prior authorizations, 
pursuant to section 209(e) of the Clean Air Act (CAA or Act). This 
notice announces that EPA has tentatively scheduled a public hearing to 
consider California's authorization request for the LSI amendments, and 
that EPA is now accepting written comment on the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's 
request on January 14, 2015, at 10 a.m. ET. EPA will hold a hearing 
only if any party notifies EPA by December 15, 2014, to express 
interest in presenting the agency with oral testimony. Parties that 
wish to present oral testimony at the public hearing should provide 
written notice to David Dickinson at the email address noted below. If 
EPA receives a request for a public hearing, that hearing will be held 
at the William Jefferson Clinton Building (North), Room 5530, 1200 
Pennsylvania Avenue NW., Washington, DC 20460. If EPA does not receive 
a request for a public hearing, then EPA will not hold a hearing, and 
instead will consider CARB's request based on written submissions to 
the docket. Any party may submit written comments until February 16, 
2015.
    Any person who wishes to know whether a hearing will be held may 
call David Dickinson at (202) 343-9256 on or after December 17, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0533, by one of the following methods:
     Online at http://www.regulations.gov: Follow the Online 
Instructions for Submitting Comments.
     Email: a-and-r-docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2014-0533, U.S. Environmental Protection Agency, Mail code: 6102T, 1200 
Pennsylvania Avenue NW., Washington, DC 20460. Please include a total 
of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 
20460. Such deliveries are only accepted during the Docket's normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Online Instructions for Submitting Comments: Direct your comments 
to

[[Page 69846]]

Docket ID No. EPA-HQ-OAR-2014-0533. EPA's policy is that all comments 
we receive will be included in the public docket without change and may 
be made available online at http://www.regulations.gov, including any 
personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
http://www.regulations.gov or email. The http://www.regulations.gov Web 
site is an ``anonymous access'' system, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will 
automatically be captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    EPA will make available for public inspection materials submitted 
by CARB, written comments received from any interested parties, and any 
testimony given at the public hearing. Materials relevant to this 
proceeding are contained in the Air and Radiation Docket and 
Information Center, maintained in Docket ID No. EPA-HQ-OAR-2014-0533. 
Publicly available docket materials are available either electronically 
through http://www.regulations.gov or in hard copy at the Air and 
Radiation Docket in the EPA Headquarters Library, EPA West Building, 
Room 3334, located at 1301 Constitution Avenue NW., Washington, DC. The 
Public Reading Room is open to the public on all federal government 
work days from 8:30 a.m. to 4:30 p.m.; generally, it is open Monday 
through Friday, excluding holidays. The telephone number for the 
Reading Room is (202) 566-1744. The Air and Radiation Docket and 
Information Center's Web site is http://www.epa.gov/oar/docket.html. 
The electronic mail (email) address for the Air and Radiation Docket 
is: 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 http://www.regulations.gov. After opening the http://www.regulations.gov Web 
site, enter, in the ``Enter Keyword or ID'' fill-in box to view 
documents in the record. Although a part of the official docket, the 
public docket does not include Confidential Business Information 
(``CBI'') or other information whose disclosure is restricted by 
statute.
    EPA's Office of Transportation and Air Quality also maintains a Web 
page that contains general information on its review of California 
waiver and authorization requests. Included on that page are links to 
prior waiver and authorization Federal Register notices. The page can 
be accessed at http://www.epa.gov/otaq/cafr.htm.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Attorney-Advisor, 
Compliance Division, Office of Transportation and Air Quality, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue (6405A) NW., 
Washington, DC 20460. Telephone: (202) 343-9256. Fax: (202) 343-2804. 
Email: Dickinson.david@epa.gov.

SUPPLEMENTARY INFORMATION:

I. California's LSI Regulations

    CARB promulgated its first LSI regulations, applicable to new LSI 
engines, in 1999 and they remained unchanged until the 2008 
amendments.\1\ EPA authorized the LSI regulations, on May 15, 2006.\2\ 
The 1999 LSI regulations established exhaust emission standards and 
associated test procedures for LSI engines based upon engine 
displacements. The exhaust emission standards applicable to 2002 and 
subsequent model years (MYs) with displacements up to one liter were 
identical to the emission standards applicable to California small off-
road engines (SORE) with engines greater than or equal to 225 cubic 
centimeters and have remained unchanged except CARB subsequently 
adopted more stringent exhaust emission standards for engines greater 
than 225 cubic centimeters.\3\ CARB adopted its initial off-road LSI 
fleet operator regulations on May 25, 2006 (Fleet Operator 
Regulations).\4\ The Fleet Operator Regulations are designed to address 
the hydrocarbon and nitrogen oxide emissions from existing LSI engines 
operating in California and require fleets to meet certain fleet 
average emission level standards.
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    \1\ Title 13, California Code of Regulations, sections 2430-
2439.
    \2\ 71 FR 29623 (May 15, 2006).
    \3\ EPA granted an authorization for these amendments at 71 FR 
75536 (December 15, 2006). CARB also adopted amendments establishing 
more stringent exhaust emission standards for engines equal to or 
greater than one liter in 2007 and EPA granted an authorization for 
these amendments at 77 FR 20388 (April 4, 2012).
    \4\ EPA granted an authorization for these regulations at 77 FR 
20388 (April 4, 2012).
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    CARB adopted the 2008 LSI amendments on November 21, 2008. The 2008 
LSI amendments create two new engine categories below one liter 
displacement, with new more stringent exhaust and evaporative emission 
standards applicable to new engines, and provide clarification as to 
when CARB's off-road sport or utility regulations apply to certain LSI 
engines.
    CARB adopted the 2010 LSI amendments on December 17, 2010. These 
amendments are designed to provide compliance flexibility which will 
allow operators to reduce their compliance costs while retaining the 
emission benefits associated with the original regulations.
    By letter dated June 2, 2014, CARB submitted a request to EPA 
pursuant to section 209(e) of the CAA for authorization of its 2008 and 
2010 LSI amendments. CARB seeks EPA's confirmation that these 
amendments fall within the scope of EPA's previous authorization, or, 
in the alternative, a full authorization.

II. Clean Air Act Nonroad Engine and Vehicle Authorizations

    Section 209(e)(1) of the CAA prohibits states and local governments 
from adopting or attempting to enforce any standard or requirement 
relating to the control of emissions from new nonroad vehicles or 
engines. The Act also preempts states from adopting and enforcing 
standards and other requirements related to the control of emissions 
from non-new nonroad engines or vehicles. Section 209(e)(2), however, 
requires the Administrator, after notice and opportunity for public 
hearing, to authorize California to adopt and enforce standards and 
other requirements relating to the control of emissions from such 
vehicles or engines if California determines that California standards 
will be, in the aggregate, at least as protective of public health and 
welfare as applicable Federal standards. However, EPA shall not grant 
such authorization if it finds that (1) the

[[Page 69847]]

determination of California is arbitrary and capricious; (2) California 
does not need such California standards to meet compelling and 
extraordinary conditions; or (3) California standards and accompanying 
enforcement procedures are not consistent with [CAA section 209].\5\ In 
addition, other states with air quality attainment plans may adopt and 
enforce such regulations if the standards, and implementation and 
enforcement procedures, are identical to California's standards. On 
July 20, 1994, EPA promulgated a rule that sets forth, among other 
things, regulations providing the criteria, as found in section 
209(e)(2), which EPA must consider before granting any California 
authorization request for new nonroad engine or vehicle emission 
standards.\6\ EPA revised these regulations in 1997.\7\ As stated in 
the preamble to the 1994 rule, EPA has historically interpreted the 
section 209(e)(2)(iii) ``consistency'' inquiry to require, at minimum, 
that California standards and enforcement procedures be consistent with 
section 209(a), section 209(e)(1), and section 209(b)(1)(C) (as EPA has 
interpreted that subsection in the context of section 209(b) motor 
vehicle waivers).\8\
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    \5\ EPA's review of California regulations under section 209 is 
not a broad review of the reasonableness of the regulations or its 
compatibility with all other laws. Sections 209(b) and 209(e) of the 
Clean Air Act limit EPA's authority to deny California requests for 
waivers and authorizations to the three criteria listed therein. As 
a result, EPA has consistently refrained from denying California's 
requests for waivers and authorizations based on any other criteria. 
In instances where the U.S. Court of Appeals has reviewed EPA 
decisions declining to deny waiver requests based on criteria not 
found in section 209(b), the Court has upheld and agreed with EPA's 
determination. See Motor and Equipment Manufacturers Ass'n v. 
Nichols, 142 F.3d 449, 462-63, 466-67 (D.C. Cir.1998), Motor and 
Equipment Manufacturers Ass'n v. EPA, 627 F.2d 1095, 1111, 1114-20 
(D.C. Cir. 1979). See also 78 FR 58090, 58120 (September 20, 2013).
    \6\ 59 FR 36969 (July 20, 1994).
    \7\ 62 FR 67733 (December 30, 1997). The applicable regulations, 
now in 40 CFR part 1074, subpart B, Sec.  1074.105, provide:
    (a) The Administrator will grant the authorization if California 
determines that its standards will be, in the aggregate, at least as 
protective of public health and welfare as otherwise applicable 
federal standards.
    (b) The authorization will not be granted if the Administrator 
finds that any of the following are true:
    (1) California's determination is arbitrary and capricious.
    (2) California does not need such standards to meet compelling 
and extraordinary conditions.
    (3) The California standards and accompanying enforcement 
procedures are not consistent with section 209 of the Act.
    (c) In considering any request to authorize California to adopt 
or enforce standards or other requirements relating to the control 
of emissions from new nonroad spark-ignition engines smaller than 50 
horsepower, the Administrator will give appropriate consideration to 
safety factors (including the potential increased risk of burn or 
fire) associated with compliance with the California standard.
    \8\ 59 FR 36969 (July 20, 1994).
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    In order to be consistent with section 209(a), California's nonroad 
standards and enforcement procedures must not apply to new motor 
vehicles or new motor vehicle engines. To be consistent with section 
209(e)(1), California's nonroad standards and enforcement procedures 
must not attempt to regulate engine categories that are permanently 
preempted from state regulation. To determine consistency with section 
209(b)(1)(C), EPA typically reviews nonroad authorization requests 
under the same ``consistency'' criteria that are applied to motor 
vehicle waiver requests. Pursuant to section 209(b)(1)(C), the 
Administrator shall not grant California a motor vehicle waiver if she 
finds that California ``standards and accompanying enforcement 
procedures are not consistent with section 202(a)'' of the Act. 
Previous decisions granting waivers and authorizations have noted that 
state standards and enforcement procedures are inconsistent with 
section 202(a) if: (1) There is inadequate lead time to permit the 
development of the necessary technology giving appropriate 
consideration to the cost of compliance within that time, or (2) the 
Federal and state testing procedures impose inconsistent certification 
requirements.\9\
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    \9\ Id. See also 78 FR 58090, 58092 (September 20, 2013).
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    If California amends regulations that EPA has already authorized, 
California can seek EPA confirmation that the amendments are within the 
scope of the previous authorization. A within-the-scope confirmation, 
without a full authorization review, is permissible if three conditions 
are met.\10\ First, the amended regulations must not undermine 
California's determination that its standards, in the aggregate, are as 
protective of public health and welfare as applicable Federal 
standards. Second, the amended regulations must not affect consistency 
with section 202(a) of the Act. Third, the amended regulations must not 
raise any ``new issues'' affecting EPA's prior authorizations.
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    \10\ See 78 FR 38970, 38972 (June 28, 2013).
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III. EPA's Request for Comments

    As stated above, EPA is offering the opportunity for a public 
hearing, and is requesting written comment on issues relevant to a 
within-the-scope analysis. Specifically, we request comment on whether 
California's LSI amendments: (a) Undermine California's previous 
determination that its standards, in the aggregate, are at least as 
protective of public health and welfare as comparable Federal 
standards; (b) affect the consistency of California's requirements with 
section 209 of the Act; or (c) raise any other new issues affecting 
EPA's previous waiver or authorization determinations.
    Should any party believe that the amendments are not within the 
scope of the previous authorization, EPA also requests comment on 
whether the LSI amendments meet the criteria for a full authorization. 
Specifically, we request comment on: (a) Whether CARB's determination 
that its standards, in the aggregate, are at least as protective of 
public health and welfare as applicable federal standards is arbitrary 
and capricious; (b) whether California needs such standards to meet 
compelling and extraordinary conditions; and (c) whether California's 
standards and accompanying enforcement procedures are consistent with 
section 209 of the Act.

IV. Procedures for Public Participation

    If a hearing is held, the Agency will make a verbatim record of the 
proceedings. Interested parties may arrange with the reporter at the 
hearing to obtain a copy of the transcript at their own expense. 
Regardless of whether a public hearing is held, EPA will keep the 
record open until February 16, 2015. Upon expiration of the comment 
period, the Administrator will render a decision on CARB's request 
based on the record from the public hearing, if any, all relevant 
written submissions, and other information that she deems pertinent. 
All information will be available for inspection at the EPA Air Docket 
No. EPA-HQ-OAR-2014-0533.
    Persons with comments containing proprietary information must 
distinguish such information from other comments to the greatest extent 
possible and label it as ``Confidential Business Information'' 
(``CBI''). If a person making comments wants EPA to base its decision 
on a submission labeled as CBI, then a non-confidential version of the 
document that summarizes the key data or information should be 
submitted to the public docket. To ensure that proprietary information 
is not inadvertently placed in the public docket, submissions 
containing such information should be sent directly to the contact 
person listed above and not to the public docket. Information covered 
by a claim of confidentiality will be disclosed by EPA only to the 
extent allowed, and according to the procedures set forth in 40 CFR 
part 2.

[[Page 69848]]

If no claim of confidentiality accompanies the submission when EPA 
receives it, EPA will make it available to the public without further 
notice to the person making comments.

    Dated: November 12, 2014.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and 
Radiation.
[FR Doc. 2014-27801 Filed 11-21-14; 8:45 am]
BILLING CODE 6560-50-P