California State Nonroad Engine Pollution Control Standards; In-Use Locomotive Regulation; Requests for Authorization; Opportunity for Public Hearing and Comment, 14484-14486 [2024-03955]
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14484
Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices
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lotter on DSK11XQN23PROD with NOTICES1
New Active Ingredients
1. File Symbol: 84059–GL. Docket ID
number: EPA–HQ–OPP–2023–0143.
Applicant: Marrone Bio Innovations,
Inc., 1540 Drew Ave., Davis, CA 95618.
Product name: MBI–306 TGAI. Active
ingredient: Insecticide, miticide,
nematicide, and fungicide—Inactivated
Burkholderia rinojensis A396 cells and
spent fermentation media at 100%.
Proposed use: For manufacturing use.
Contact: BPPD.
2. File Symbol: 84059–GU. Docket ID
number: EPA–HQ–OPP–2023–0143.
Applicant: Marrone Bio Innovations,
Inc., 1540 Drew Ave., Davis, CA 95618.
Product name: MBI–306 EP. Active
ingredient: Insecticide, miticide,
nematicide, and fungicide—Inactivated
Burkholderia rinojensis A396 cells and
spent fermentation media at 94.46%.
Proposed use: For indoor and outdoor
agricultural use on crops and
ornamentals, seed treatment, and indoor
VerDate Sep<11>2014
16:53 Feb 26, 2024
Jkt 262001
and outdoor residential use. Contact:
BPPD.
3. File Symbol: 95213–RA. Docket ID
number: EPA–HQ–OPP–2023–0650.
Applicant: Indigo Ag, Inc., 500
Rutherford Ave., Charlestown, MA
02129. Product name: Indigo 451 FP.
Active ingredient: Fungicide—
Trichoderma hamatum strain
SYM37537 at 15%. Proposed use: For
use as a seed treatment to protect
against and control fungal diseases on
food crops. Contact: BPPD.
4. File Symbol: 95213–RL. Docket ID
number: EPA–HQ–OPP–2023–0650.
Applicant: Indigo Ag, Inc., 500
Rutherford Ave., Charlestown, MA
02129. Product name: Trichoderma
hamatum strain SYM37537 Technical.
Active ingredient: Fungicide—
Trichoderma hamatum strain
SYM37537 at 100%. Proposed use: For
manufacturing use in a seed treatment
pesticide product. Contact: BPPD.
Authority: 7 U.S.C. 136 et seq.
Dated: February 13, 2024.
Delores Barber,
Director, Information Technology and
Resources Management Division, Office of
Program Support.
[FR Doc. 2024–03893 Filed 2–26–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–11737–01–OAR]
California State Nonroad Engine
Pollution Control Standards; In-Use
Locomotive Regulation; Requests for
Authorization; Opportunity for Public
Hearing and Comment
Environmental Protection
Agency (EPA).
ACTION: Notice of opportunity for public
hearing and comment.
AGENCY:
The California Air Resources
Board (CARB) has notified the EPA that
it has adopted its In-Use Locomotive
Regulation. By letter dated November 7,
2023, CARB requested that the EPA
authorize the In-Use Locomotive
Regulation pursuant to section 209(e) of
the Clean Air Act (CAA). This notice
announces that the EPA will hold a
public hearing to consider California’s
authorization request and that the EPA
is now accepting written comments on
the request.
DATES:
Comments: Written comments must
be received on or before April 22, 2024.
Public Hearing: The EPA will hold a
public hearing on March 20, 2024. See
SUPPLEMENTARY INFORMATION for further
SUMMARY:
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information on the virtual public
hearing and registration. Additional
information regarding the virtual public
hearing and this action can be found at:
https://www.epa.gov/regulationsemissions-vehicles-and-engines/virtualpublic-hearing-californias-uselocomotive.
ADDRESSES:
Comments: You may submit your
comments, identified by Docket ID No.
EPA–HQ–OAR–2023–0574 by any of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov (our
preferred method). Follow the online
instructions for submitting comments.
• Email: a-and-r-docket@epa.gov.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
OAR, Docket EPA–HQ–OAR–2023–
0574, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington,
DC 20460.
• Hand Delivery or Courier (by
scheduled appointment only): EPA
Docket Center, WJC West Building,
Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. The Docket
Center’s hours of operations are 8:30
a.m.–4:30 p.m., Monday–Friday (except
federal holidays).
Instructions: All submissions received
must include the Docket ID No. for this
action. Comments received may be
posted without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the process for this action, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document. For the full EPA public
comment policy, information about
confidential business information (CBI)
or multimedia submissions, and general
guidance on making effective
comments, please visit: https://
www.epa.gov/dockets/commenting-epadockets.
Public Hearing: The virtual public
hearing will be held on March 20, 2024.
The hearing will begin at 10 a.m. eastern
daylight time and will end when all
parties who wish to speak have had an
opportunity to do so. All hearing
attendees (including even those who do
not intend to provide testimony) should
register for the public hearing March 13,
2024. Information on how to register for
the virtual hearing can be found at
https://www.epa.gov/regulationsemissions-vehicles-and-engines/virtualpublic-hearing-californias-uselocomotive.
FOR FURTHER INFORMATION CONTACT:
David Dickinson, Office of
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Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices
Transportation and Air Quality, U.S.
Environmental Protection Agency;
Telephone number: (202) 343–9256;
Email address: dickinson.david@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. CARB’s Authorization Request
CARB’s November 7, 2023, letter to
the EPA Administrator notified the EPA
that CARB had finalized its In-Use
Locomotive Regulation.1 The In-Use
Locomotive Regulation, adopted by the
Board on April 27, 2023, (approved by
California’s Office of Administrative
Law (OAL) on October 27, 2023, and
becoming effective on January 1, 2024)
contains several provisions that apply to
any locomotive operator that operates a
locomotive in the State of California or
to a delegate of that operator and applies
only to locomotives and locomotive
engines placed into service in California
and only to an operator or delegate’s
operations inside California.2 The
explanation of the In-Use Locomotive
Regulation provided below is based on
CARB’s description of its regulation and
is not an exhaustive list of the
requirements (interested parties are
encouraged to review CARB’s
rulemaking record contained in its
authorization request and found in the
EPA’s docket associated with the review
of the authorization request).
The In-Use Locomotive Regulation
includes a ‘‘Spending Account’’
provision, whereby annually, for each
locomotive operated in California,
locomotive operators are required to
deposit funds into a Spending Account.
The account operates as a restricted
trust, held by the locomotive operator,
with the funds able to be withdrawn for
specific uses described within the
regulation.3
The In-Use Locomotive Regulation
also includes an ‘‘In-Use Locomotive
Operational Requirement’’ that
according to CARB starts January 1,
2030, and allows only locomotives with
an original engine build date less than
23 years old to operate in California
excepting locomotives that meet the
current cleanest EPA Tier (currently
Tier 4) of emission standards for a
locomotive of its type, that are operated
in a Zero Emission (ZE) configuration
lotter on DSK11XQN23PROD with NOTICES1
1 Title
13, California Code of Regulations, section
2478.
2 CARB’s Authorization Support Document at 3–
4 (EPA Docket: EPA–HQ–OAR–2023–0574). A full
description of CARB’s In-Use Locomotive
Regulation can be found in the Authorization
Support Document submitted by CARB along with
associated attachments that can be found in the
EPA docket for this matter.
3 CARB’s Authorization Support Document at 4–
5.
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16:53 Feb 26, 2024
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while in California,4 or that satisfy other
specified conditions. CARB’s
authorization request notes that if a
locomotive has been remanufactured or
repowered to a Tier 4 or cleaner
emissions standard prior to January 1,
2030, the original engine build date will
be based on the first year the locomotive
was remanufactured to the Tier 4 or
cleaner standard.5
As an alternative to the spending
account and the operational
requirements, the In-Use Locomotive
Regulation includes an ‘‘Alternative
Compliance Plan (ACP)’’ provision that
allows regulated locomotive operators to
comply with the Spending Account
and/or In-Use Operational Requirements
using a project or projects that achieve
equivalent emissions reductions within
three miles of the operators’ locomotive
activities within California.6
The In-Use Locomotive Regulation
includes an idling requirement.
According to CARB, locomotive
‘‘operators must ensure that an
Automatic Engine Stop Start (AESS)
equipped locomotive is shut off no more
than 30 minutes after the locomotive
becomes stationary. A locomotive may
only exceed 30 minutes of idling for the
following reasons: to prevent engine
damage such as to prevent the engine
coolant from freezing; to maintain air
pressure for brakes or starter system, or
to recharge the locomotive battery; to
perform necessary maintenance; or to
otherwise comply with federal or state
regulations.’’ 7
CARB’s regulation also imposes
registration, reporting and
recordkeeping requirements on
locomotive operators for all locomotive
activity in California. Locomotive
operators are required to register all
locomotives operating within the State
by July 1, 2026.8
CARB’s authorization request also
includes a description of compliance
exemptions and extensions that are
provided to locomotive operators for
enhanced flexibility to comply with the
Spending Account and In-Use
Operational Requirements.9
4 CARB explains the ZE Configuration concept in
its Authorization Support Document at 4 (‘‘an
operational configuration for the locomotive that
emits no pollution, regardless of whether the
locomotive might emit pollution when operated
differently’’).
5 CARB Authorization Support Document at 5–6.
6 Id. at 6.
7 Id. at 7.
8 Id.
9 Id. at 8.
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14485
II. Scope of Preemption and Criteria for
an Authorization Under the Clean Air
Act
Section 209(e)(1) of the CAA prohibits
all states and local governments from
adopting or attempting to enforce any
standard or other requirement relating
to the control of emissions from certain
types of new nonroad engines or
nonroad vehicles, including both ‘‘(A)
New engines which are used in
construction equipment or vehicles or
used in farm equipment or vehicles and
which are smaller than 175
horsepower’’ and ‘‘(B) New locomotives
or new engines used in locomotives.’’ 10
Section 209(e)(2)(A) of the CAA,
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 nonroad engines and
vehicles otherwise not prohibited under
section 209(e)(1) if California
determines that California standards
will be, in the aggregate, at least as
protective of public health and welfare
as are applicable Federal standards.
However, the EPA shall not grant such
authorization if it finds that (1) the
determination of California is arbitrary
and capricious; (2) California does not
need such California standards to meet
compelling and extraordinary
conditions; or (3) California standards
and accompanying enforcement
procedures are not consistent with
[CAA section 209].11
On July 20, 1994, the EPA
promulgated a rule that sets forth,
among other things, regulations
providing the criteria, as found in
section 209(e)(2)(A), that the EPA must
consider before granting any California
authorization request for nonroad
engine or vehicle emission standards.12
The EPA revised these regulations in
1997.13 As stated in the preamble to the
1994 rule, the EPA has historically
interpreted the section 209(e)(2)(A)(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 the EPA has
interpreted that subsection in the
context of section 209(b) motor vehicle
waivers).14 In addition, on November 8,
2023, the EPA revised the regulatory
language regarding the scope of
10 42
U.S.C. 7543(e)(1).
U.S.C. 7543(e)(2)(A).
12 59 FR 36969 (July 20, 1994).
13 62 FR 67733 (December 30, 1997). The
preemption regulations were later transcribed at 40
CFR part 1074; see 73 FR 59034 (Oct. 8, 2008).
14 59 FR 36969 (July 20, 1994).
11 42
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Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices
preemption pertaining to locomotives
within section 209(e)(1)(B).15 The action
taken in the rulemaking was to align the
scope of preemption applicable to new
locomotives and new engines used in
locomotives to be the same as the scope
of preemption for other new nonroad
engines and vehicles preempted within
section 209(e)(1)(A). The scope of
preemption applicable to new
locomotives can be found at 40 CFR
1074.10, and the criteria for granting
California authorization requests can be
found at 40 CFR 1074.105. Provisions
pertaining to the adoption of California
nonroad standards by other states can be
found at 40 CFR 1074.110.
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 (such
as ‘‘. . .any standard or other
requirement relation to the control of
emissions from . . .(B) New
locomotives or new engines used in
locomotives.’’). 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.16
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III. EPA’s Request for Comments
We request comment on whether
California’s In-Use Locomotive
Regulation meets the criteria for an EPA
authorization. Specifically, we request
15 88 FR 77004 (November 8, 2023). In this
authorization action, the EPA is not reopening the
locomotive preemption rulemaking from November
8, 2023. Any public comments on the rulemaking
that are not germane to this authorization action
may not be addressed in the EPA’s final decision
regarding CARB’s authorization request.
16 78 FR 58090, 58092 (September 20, 2013).
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16:53 Feb 26, 2024
Jkt 262001
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. As explained above, the EPA
considers several provisions with regard
to the consistency with section 209 of
the Act criterion.
IV. Procedures for Public Participation
The virtual public hearing will be
held on March 20, 2024. The hearing
will begin at 10 a.m. eastern daylight
time. All hearing attendees (including
those who do not intend to provide
testimony and merely listen) should
register for the public hearing at: https://
www.epa.gov/regulations-emissionsvehicles-and-engines/virtual-publichearing-californias-use-locomotive.
Those seeking to register should do so
by March 13, 2024. If you require the
services of a translator or special
accommodations such as American Sign
Language, please pre-register for the
hearing and describe your needs by
March 13, 2024. The EPA may not be
able to arrange accommodations without
advance notice. Please note that any
updates made to any aspect of the
hearing will be posted online at: https://
www.epa.gov/regulations-emissionsvehicles-and-engines/virtual-publichearing-californias-use-locomotive.
While the EPA expects the hearing to go
forward as set forth above, please
monitor the website or contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
determine if there are any updates. The
EPA does not intend to publish a
document in the Federal Register
announcing updates.
Each commenter will have 3 minutes
to provide oral testimony. The EPA may
ask clarifying questions during the oral
presentations but will not respond to
the presentations at that time. The EPA
recommends submitting the text of your
oral comments as written comments to
the docket for this action. Written
statements and supporting information
submitted during the comment period
will be considered with the same weight
as oral comments and supporting
information presented at the public
hearing. The Agency will make a
verbatim record of the proceedings at
the hearing that will be placed in the
docket. The EPA will keep the record
open until April 22, 2024. After
expiration of the comment period, the
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Administrator will render a decision on
CARB’s request based on the record of
the public hearing, relevant written
submissions, and other information that
he deems pertinent.
Karl Simon,
Director, Transportation Climate Division,
Office of Transportation and Air Quality.
[FR Doc. 2024–03955 Filed 2–26–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–11758–01–R3]
Clean Air Act Operating Permit
Program; Order on Petition for
Objection to State Operating Permit for
Covanta Delaware Valley LP, Delaware
Valley Resource Recovery
Environmental Protection
Agency (EPA).
ACTION: Notice of final order on petition.
AGENCY:
The Environmental Protection
Agency (EPA) Administrator signed an
order dated November 2, 2023 granting
in part and denying in part a petition
dated June 23, 2023 from the
Environmental Integrity Project, Clean
Air Council, and Sierra Club. The
petition requested that the EPA object to
a Clean Air Act (CAA) title V operating
permit issued by the Pennsylvania
Department of Environmental Protection
(PADEP) to Covanta Delaware Valley
LP, Delaware Valley Resource Recovery
for its waste-to-energy plant located in
the City of Chester, Delaware County,
Pennsylvania.
FOR FURTHER INFORMATION CONTACT: Paul
Entwistle, Permits Branch, Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2343. Mr.
Entwistle can also be reached via
electronic mail at entwistle.paul@
epa.gov. The final order and petition are
available electronically at: https://
www.epa.gov/title-v-operating-permits/
title-v-petition-database.
SUPPLEMENTARY INFORMATION: The EPA
received a petition from the
Environmental Integrity Project, Clean
Air Council, and Sierra Club dated June
23, 2023, requesting that the EPA object
to the issuance of operating permit no.
23–00004, issued by PADEP to Covanta
Delaware Valley LP, Delaware Valley
Resource Recovery in the City of
Chester, Delaware County,
Pennsylvania. On November 2, 2023,
the EPA Administrator issued an order
granting in part and denying in part the
SUMMARY:
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Agencies
[Federal Register Volume 89, Number 39 (Tuesday, February 27, 2024)]
[Notices]
[Pages 14484-14486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03955]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-11737-01-OAR]
California State Nonroad Engine Pollution Control Standards; In-
Use Locomotive Regulation; Requests for Authorization; Opportunity for
Public Hearing and Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of opportunity for public hearing and comment.
-----------------------------------------------------------------------
SUMMARY: The California Air Resources Board (CARB) has notified the EPA
that it has adopted its In-Use Locomotive Regulation. By letter dated
November 7, 2023, CARB requested that the EPA authorize the In-Use
Locomotive Regulation pursuant to section 209(e) of the Clean Air Act
(CAA). This notice announces that the EPA will hold a public hearing to
consider California's authorization request and that the EPA is now
accepting written comments on the request.
DATES:
Comments: Written comments must be received on or before April 22,
2024.
Public Hearing: The EPA will hold a public hearing on March 20,
2024. See SUPPLEMENTARY INFORMATION for further information on the
virtual public hearing and registration. Additional information
regarding the virtual public hearing and this action can be found at:
https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-locomotive.
ADDRESSES:
Comments: You may submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2023-0574 by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments.
Email: [email protected].
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, OAR, Docket EPA-HQ-OAR-2023-0574, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except federal
holidays).
Instructions: All submissions received must include the Docket ID
No. for this action. Comments received may be posted without change to
https://www.regulations.gov, including any personal information
provided. For detailed instructions on sending comments and additional
information on the process for this action, see the ``Public
Participation'' heading of the SUPPLEMENTARY INFORMATION section of
this document. For the full EPA public comment policy, information
about confidential business information (CBI) or multimedia
submissions, and general guidance on making effective comments, please
visit: https://www.epa.gov/dockets/commenting-epa-dockets.
Public Hearing: The virtual public hearing will be held on March
20, 2024. The hearing will begin at 10 a.m. eastern daylight time and
will end when all parties who wish to speak have had an opportunity to
do so. All hearing attendees (including even those who do not intend to
provide testimony) should register for the public hearing March 13,
2024. Information on how to register for the virtual hearing can be
found at https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-locomotive.
FOR FURTHER INFORMATION CONTACT: David Dickinson, Office of
[[Page 14485]]
Transportation and Air Quality, U.S. Environmental Protection Agency;
Telephone number: (202) 343-9256; Email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. CARB's Authorization Request
CARB's November 7, 2023, letter to the EPA Administrator notified
the EPA that CARB had finalized its In-Use Locomotive Regulation.\1\
The In-Use Locomotive Regulation, adopted by the Board on April 27,
2023, (approved by California's Office of Administrative Law (OAL) on
October 27, 2023, and becoming effective on January 1, 2024) contains
several provisions that apply to any locomotive operator that operates
a locomotive in the State of California or to a delegate of that
operator and applies only to locomotives and locomotive engines placed
into service in California and only to an operator or delegate's
operations inside California.\2\ The explanation of the In-Use
Locomotive Regulation provided below is based on CARB's description of
its regulation and is not an exhaustive list of the requirements
(interested parties are encouraged to review CARB's rulemaking record
contained in its authorization request and found in the EPA's docket
associated with the review of the authorization request).
---------------------------------------------------------------------------
\1\ Title 13, California Code of Regulations, section 2478.
\2\ CARB's Authorization Support Document at 3-4 (EPA Docket:
EPA-HQ-OAR-2023-0574). A full description of CARB's In-Use
Locomotive Regulation can be found in the Authorization Support
Document submitted by CARB along with associated attachments that
can be found in the EPA docket for this matter.
---------------------------------------------------------------------------
The In-Use Locomotive Regulation includes a ``Spending Account''
provision, whereby annually, for each locomotive operated in
California, locomotive operators are required to deposit funds into a
Spending Account. The account operates as a restricted trust, held by
the locomotive operator, with the funds able to be withdrawn for
specific uses described within the regulation.\3\
---------------------------------------------------------------------------
\3\ CARB's Authorization Support Document at 4-5.
---------------------------------------------------------------------------
The In-Use Locomotive Regulation also includes an ``In-Use
Locomotive Operational Requirement'' that according to CARB starts
January 1, 2030, and allows only locomotives with an original engine
build date less than 23 years old to operate in California excepting
locomotives that meet the current cleanest EPA Tier (currently Tier 4)
of emission standards for a locomotive of its type, that are operated
in a Zero Emission (ZE) configuration while in California,\4\ or that
satisfy other specified conditions. CARB's authorization request notes
that if a locomotive has been remanufactured or repowered to a Tier 4
or cleaner emissions standard prior to January 1, 2030, the original
engine build date will be based on the first year the locomotive was
remanufactured to the Tier 4 or cleaner standard.\5\
---------------------------------------------------------------------------
\4\ CARB explains the ZE Configuration concept in its
Authorization Support Document at 4 (``an operational configuration
for the locomotive that emits no pollution, regardless of whether
the locomotive might emit pollution when operated differently'').
\5\ CARB Authorization Support Document at 5-6.
---------------------------------------------------------------------------
As an alternative to the spending account and the operational
requirements, the In-Use Locomotive Regulation includes an
``Alternative Compliance Plan (ACP)'' provision that allows regulated
locomotive operators to comply with the Spending Account and/or In-Use
Operational Requirements using a project or projects that achieve
equivalent emissions reductions within three miles of the operators'
locomotive activities within California.\6\
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\6\ Id. at 6.
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The In-Use Locomotive Regulation includes an idling requirement.
According to CARB, locomotive ``operators must ensure that an Automatic
Engine Stop Start (AESS) equipped locomotive is shut off no more than
30 minutes after the locomotive becomes stationary. A locomotive may
only exceed 30 minutes of idling for the following reasons: to prevent
engine damage such as to prevent the engine coolant from freezing; to
maintain air pressure for brakes or starter system, or to recharge the
locomotive battery; to perform necessary maintenance; or to otherwise
comply with federal or state regulations.'' \7\
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\7\ Id. at 7.
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CARB's regulation also imposes registration, reporting and
recordkeeping requirements on locomotive operators for all locomotive
activity in California. Locomotive operators are required to register
all locomotives operating within the State by July 1, 2026.\8\
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\8\ Id.
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CARB's authorization request also includes a description of
compliance exemptions and extensions that are provided to locomotive
operators for enhanced flexibility to comply with the Spending Account
and In-Use Operational Requirements.\9\
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\9\ Id. at 8.
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II. Scope of Preemption and Criteria for an Authorization Under the
Clean Air Act
Section 209(e)(1) of the CAA prohibits all states and local
governments from adopting or attempting to enforce any standard or
other requirement relating to the control of emissions from certain
types of new nonroad engines or nonroad vehicles, including both ``(A)
New engines which are used in construction equipment or vehicles or
used in farm equipment or vehicles and which are smaller than 175
horsepower'' and ``(B) New locomotives or new engines used in
locomotives.'' \10\ Section 209(e)(2)(A) of the CAA, 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 nonroad engines
and vehicles otherwise not prohibited under section 209(e)(1) if
California determines that California standards will be, in the
aggregate, at least as protective of public health and welfare as are
applicable Federal standards. However, the EPA shall not grant such
authorization if it finds that (1) the determination of California is
arbitrary and capricious; (2) California does not need such California
standards to meet compelling and extraordinary conditions; or (3)
California standards and accompanying enforcement procedures are not
consistent with [CAA section 209].\11\
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\10\ 42 U.S.C. 7543(e)(1).
\11\ 42 U.S.C. 7543(e)(2)(A).
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On July 20, 1994, the EPA promulgated a rule that sets forth, among
other things, regulations providing the criteria, as found in section
209(e)(2)(A), that the EPA must consider before granting any California
authorization request for nonroad engine or vehicle emission
standards.\12\ The EPA revised these regulations in 1997.\13\ As stated
in the preamble to the 1994 rule, the EPA has historically interpreted
the section 209(e)(2)(A)(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 the EPA has interpreted that subsection in the context
of section 209(b) motor vehicle waivers).\14\ In addition, on November
8, 2023, the EPA revised the regulatory language regarding the scope of
[[Page 14486]]
preemption pertaining to locomotives within section 209(e)(1)(B).\15\
The action taken in the rulemaking was to align the scope of preemption
applicable to new locomotives and new engines used in locomotives to be
the same as the scope of preemption for other new nonroad engines and
vehicles preempted within section 209(e)(1)(A). The scope of preemption
applicable to new locomotives can be found at 40 CFR 1074.10, and the
criteria for granting California authorization requests can be found at
40 CFR 1074.105. Provisions pertaining to the adoption of California
nonroad standards by other states can be found at 40 CFR 1074.110.
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\12\ 59 FR 36969 (July 20, 1994).
\13\ 62 FR 67733 (December 30, 1997). The preemption regulations
were later transcribed at 40 CFR part 1074; see 73 FR 59034 (Oct. 8,
2008).
\14\ 59 FR 36969 (July 20, 1994).
\15\ 88 FR 77004 (November 8, 2023). In this authorization
action, the EPA is not reopening the locomotive preemption
rulemaking from November 8, 2023. Any public comments on the
rulemaking that are not germane to this authorization action may not
be addressed in the EPA's final decision regarding CARB's
authorization request.
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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 (such as ``. . .any standard or other
requirement relation to the control of emissions from . . .(B) New
locomotives or new engines used in locomotives.''). 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.\16\
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\16\ 78 FR 58090, 58092 (September 20, 2013).
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III. EPA's Request for Comments
We request comment on whether California's In-Use Locomotive
Regulation meets the criteria for an EPA 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. As explained above, the EPA considers several
provisions with regard to the consistency with section 209 of the Act
criterion.
IV. Procedures for Public Participation
The virtual public hearing will be held on March 20, 2024. The
hearing will begin at 10 a.m. eastern daylight time. All hearing
attendees (including those who do not intend to provide testimony and
merely listen) should register for the public hearing at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-locomotive.
Those seeking to register should do so by March 13, 2024. If you
require the services of a translator or special accommodations such as
American Sign Language, please pre-register for the hearing and
describe your needs by March 13, 2024. The EPA may not be able to
arrange accommodations without advance notice. Please note that any
updates made to any aspect of the hearing will be posted online at:
https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-locomotive. While the EPA expects the
hearing to go forward as set forth above, please monitor the website or
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to determine if there are any updates. The EPA does not intend
to publish a document in the Federal Register announcing updates.
Each commenter will have 3 minutes to provide oral testimony. The
EPA may ask clarifying questions during the oral presentations but will
not respond to the presentations at that time. The EPA recommends
submitting the text of your oral comments as written comments to the
docket for this action. Written statements and supporting information
submitted during the comment period will be considered with the same
weight as oral comments and supporting information presented at the
public hearing. The Agency will make a verbatim record of the
proceedings at the hearing that will be placed in the docket. The EPA
will keep the record open until April 22, 2024. After expiration of the
comment period, the Administrator will render a decision on CARB's
request based on the record of the public hearing, relevant written
submissions, and other information that he deems pertinent.
Karl Simon,
Director, Transportation Climate Division, Office of Transportation and
Air Quality.
[FR Doc. 2024-03955 Filed 2-26-24; 8:45 am]
BILLING CODE 6560-50-P