California State Nonroad Engine Pollution Control Standards; In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets and In-Use Off-Road Diesel Fueled Fleets; Requests for Authorization; Opportunity for Public Hearing and Comment, 32422-32424 [2024-08927]

Download as PDF 32422 Federal Register / Vol. 89, No. 82 / Friday, April 26, 2024 / Notices a renewal of a CWA section 301(h) modified permit, and the states within which these municipalities are located. Respondent’s obligation to respond: Voluntary, required to obtain or retain a benefit. (40 CFR part 125 subpart G, 40 CFR 124.53 and 124.54). Estimated number of respondents: 30 (total). Frequency of response: From once every five years, to varies case-by-case, depending on the category of information. Total estimated burden: 44,985 hours (per year). Burden is defined at 5 CFR 1320.3(b). Total estimated cost: $1,418,675 (per year), which includes no annualized capital or operation & maintenance costs. Changes in the Estimates: There is no increase in hours in the total estimated respondent burden compared with the ICR currently approved by OMB. There is no change in program requirements, nor program status, information needs, and use of technology. Courtney Kerwin, Director, Information Engagement Division. [FR Doc. 2024–08983 Filed 4–25–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–10891–01–OAR] California State Nonroad Engine Pollution Control Standards; In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets and In-Use Off-Road Diesel Fueled Fleets; 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 amendments to its In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets (collectively, ‘‘TRU’’) regulations. By letter dated December 29, 2022, CARB requested that the EPA authorize the amendments pursuant to section 209(e) of the Clean Air Act (CAA). CARB has also notified EPA that it has adopted amendments to its In-Use Off-Road Diesel-Fueled Fleets (‘‘Offroad Fleets’’) regulations. By letter dated November 2, 2023, CARB requested that the EPA authorize the amendments pursuant to section 209(e) of the CAA. This notice ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 20:31 Apr 25, 2024 Jkt 262001 announces that the EPA will hold a public hearing to consider California’s authorization requests and that the EPA is now accepting written comments on the requests. DATES: Comments: Written comments must be received on or before June 19, 2024. Public Hearing: The EPA will hold public hearings on May 16, 2024, regarding each of CARB’s authorization requests. See SUPPLEMENTARY INFORMATION for further information on the virtual public hearings, the specific time of day associated with each authorization request, and registration. Additional information regarding the virtual public hearing and the TRU action can be found at: https:// www.epa.gov/regulations-emissionsvehicles-and-engines/virtual-publichearing-californias-tru. Additional information regarding the virtual public hearing and the Offroad Fleets action can be found at: https://www.epa.gov/ regulations-emissions-vehicles-andengines/virtual-public-hearingcalifornias-use-road-diesel. ADDRESSES: Comments: You may submit your comments, identified by Docket ID No. EPA–HQ–OAR–2024–0030 (for the TRU action) and by Docket ID. No. EPA–HQ– OAR–2023–0581 (for the Offroad Fleets action) 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–2024–0030 (for the TRU action) or Docket EPA– HQ–OAR–2023–0581 (for the Offroad Fleets action), 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 one or both of these actions. 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 these actions, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 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 hearings will be held on May 16, 2024. The hearing for the TRU authorization request will begin at 10:00 a.m. Eastern Daylight Time and will end approximately at 1:00 p.m. or when all parties who wish to speak have had an opportunity to do so. The hearing for the Offroad Fleets authorization request will begin at 2:00 p.m. Eastern Daylight Time and will end when all parties who wish to speak have had an opportunity to do so. All hearing attendees, for those wishing to attend either the morning hearing or afternoon hearing for the TRU or Offroad Fleets authorization request, respectively (including even those who do not intend to provide testimony), should register for the respective public hearing(s) by May 9, 2024. Information on how to register for the virtual public hearing regarding the TRU authorization request can be found at: https://www.epa.gov/regulationsemissions-vehicles-and-engines/virtualpublic-hearing-californias-tru. Information on how to register for the virtual public hearing regarding the Offroad Fleets authorization request can be found at: https://www.epa.gov/ regulations-emissions-vehicles-andengines/virtual-public-hearingcalifornias-use-road-diesel. FOR FURTHER INFORMATION CONTACT: Mark Coryell, Office of Transportation and Air Quality, U.S. Environmental Protection Agency; Telephone number: (734) 214–4446; Email address: coryell.mark@epa.gov. Jeremy O’Kelly, Office of Transportation and Air Quality, U.S. Environmental Protection Agency; Telephone number: (202) 250– 8884; Email address: okelly.jeremy@ epa.gov. SUPPLEMENTARY INFORMATION: I. CARB’s TRU Authorization Request CARB’s December 29, 2022, letter to the EPA Administrator notified the EPA that CARB had amended its In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets (collectively, ‘‘TRU’’) regulations (the TRU Amendments).1 The TRU Amendments, adopted by the Board on 1 Title 13, California Code of Regulations, section 2477. EPA granted an authorization for California’s initial set of TRU regulations on January 16, 2009. EPA also granted a within-the-scope authorization for amendments to the TRU regulations, adopted in 2010, on June 28, 2013 (78 FR 38970). E:\FR\FM\26APN1.SGM 26APN1 Federal Register / Vol. 89, No. 82 / Friday, April 26, 2024 / Notices February 24, 2022, contain several provisions including, but not limited to, a requirement that certain TRUs manufactured after a certain date use a refrigerant less than or equal to a specified global warming potential (GWP), a requirement that non-truck TRUs meet specified particulate matter (PM) standards, a requirement that TRU owners transition a percentage of their truck fleet TRUs to zero-emission technology, and a requirement that owners of certain facilities are subject to registration and reporting requirements.2 II. CARB’s Offroad Fleets Authorization Request CARB’s November 2, 2023, letter to the EPA Administrator notified the EPA that CARB had amended its In-Use OffRoad Diesel-Fueled Fleets regulations (Offroad Fleets Amendments).3 The Offroad Fleets Amendments, adopted by the Board on December 8, 2022, primarily require fleets of in-use offroad diesel-fueled vehicles to phase out the operation of their oldest and highest-emitting diesel vehicles and prohibit such fleets from acquiring highemitting vehicles. The Offroad Fleets Amendments also require fleets to fuel their vehicles with specified renewable diesel. Further, the Amendments establish administrative requirements for prime contractors and public works awarding bodies.4 ddrumheller on DSK120RN23PROD with NOTICES1 III. 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 2 CARB’s Authorization Support Document at 4– 9 (EPA Docket: EPA–HQ–OAR–2024–0030). A description of CARB’s 2022 TRU Amendments 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 Title 13, California Code of Regulations, sections 2449, 2449.1, and 2449.2. In 2013, EPA issued an authorization for CARB’s initial Offroad Fleets adopted in 2007 and amended in 2009 and 2010 (78 FR 58090 (Sept. 20, 2013)). 4 CARB’s Authorization Support Document at 4– 10 (EPA Docket: EPA–HQ–OAR–2023–0581). A description of CARB’s Offroad Fleets Amendments 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. VerDate Sep<11>2014 20:31 Apr 25, 2024 Jkt 262001 horsepower’’ and ‘‘(B) New locomotives or new engines used in locomotives.’’ 5 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].6 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.7 The EPA revised these regulations in 1997.8 The criteria for granting California authorization requests, as reflected in section 209(e)(2)(A), can be found at 40 CFR 1074.105. As stated in the preamble to the 1994 rule, the EPA has historically interpreted the section 209(e)(2)(A)(iii) ‘‘consistency’’ inquiry (see 40 CFR 1074.105(b)(3)) 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).9 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 relating to the control of 5 42 U.S.C 7543(e)(1). U.S.C. 7543(e)(2)(A). FR 36969 (July 20, 1994). 8 62 FR 67733 (December 30, 1997). The preemption regulations were later transcribed at 40 CFR part 1074; see 73 FR 59034 (Oct. 8, 2008). 9 59 FR 36969 (July 20, 1994). 6 42 7 59 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 32423 emissions from . . . (A) New engines which are used in construction equipments or vehicles or used in farm equipment or vehicles and which are smaller than 175 horsepower. (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 he 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.10 III. EPA’s Request for Comments We request comment on whether the TRU Amendments meet 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. We also request comment on whether the Offroad Fleets Amendments meet 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 10 78 E:\FR\FM\26APN1.SGM FR 58090, 58092 (September 20, 2013). 26APN1 32424 Federal Register / Vol. 89, No. 82 / Friday, April 26, 2024 / Notices explained above, the EPA considers several provisions with regard to the consistency with section 209 of the Act criterion. ddrumheller on DSK120RN23PROD with NOTICES1 IV. Procedures for Public Participation The virtual public hearings will be held on May 16, 2024. The hearing for the TRU authorization request will begin at 10:00 a.m. Eastern Daylight Time and will end approximately at 1:00 p.m. or when all parties who wish to speak have had an opportunity to do so. The hearing for the Offroad Fleets authorization request will begin at 2:00 p.m. Eastern Daylight Time and will end when all parties who wish to speak have had an opportunity to do so. All hearing attendees, for those wishing to attend either the morning or afternoon hearings for TRU or Offroad Fleets, respectively (including even those who do not intend to provide testimony,) should register for the respective public hearing(s) by May 9, 2024. Information on how to register for the virtual public hearing regarding the TRU authorization request can be found at: https://www.epa.gov/regulationsemissions-vehicles-and-engines/virtualpublic-hearing-californias-tru. Information on how to register for the virtual public hearing regarding the Offroad Fleets authorization request can be found at: https://www.epa.gov/ regulations-emissions-vehicles-andengines/virtual-public-hearingcalifornias-use-road-diesel. Those seeking to register should do so by May 9, 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 May 9, 2024. The EPA may not be able to arrange accommodations without advance notice. Please note that any updates made to any aspect of the TRU authorization hearing will be posted online at: https://www.epa.gov/ regulations-emissions-vehicles-andengines/virtual-public-hearingcalifornias-tru. Please also note that any updates to any aspect of the Offroad Fleets authorization hearing will be posted online at: https://www.epa.gov/ regulations-emissions-vehicles-andengines/virtual-public-hearingcalifornias-use-road-diesel. While the EPA expects the hearings to go forward as set forth above, please monitor the respective hearing websites 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. VerDate Sep<11>2014 20:31 Apr 25, 2024 Jkt 262001 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 the respective authorization request. 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 for the respective authorization request. The Agency will make a verbatim record of the proceedings at each hearing that will be placed in the respective TRU and Offroad Fleets dockets. The EPA will keep the record open until June 19, 2024, for each authorization request. After expiration of the comment period, the Administrator will render decisions on CARB’s requests based on the record of the public hearing, relevant written submissions, and other information that he deems pertinent. William Charmley, Director, Assessment and Standards Division, Office of Transportation and Air Quality. [FR Doc. 2024–08927 Filed 4–25–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2024–0192; FRL–11917–01– OGC] Proposed Consent Decrees, Toxic Substances Control Act Suit Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decrees; request for public comment. AGENCY: Notice is given of proposed consent decrees to address lawsuits filed by Community In-Power and Development Association Inc., Learning Disabilities Association of America, Louisiana Environmental Action Network, Sierra Club, and Texas Environmental Justice Advocacy Services (collectively, ‘‘CIDA Plaintiffs’’) in the United States District Court for the District of Columbia on September 18, 2023: Community InPower and Development Association Inc. v. EPA, Case No. 1:23-cv-02715 (D.D.C.) (the ‘‘CIDA action’’) and by American Chemistry Council (‘‘ACC’’) in the same court on December 19, 2023: ACC v. EPA, Case No. 1:23-cv-03726 (D.D.C.) (the ‘‘ACC action’’). The cases were consolidated on January 17, 2024. SUMMARY: PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 The CIDA Plaintiffs and ACC filed the cases pursuant to the Toxic Substances Control Act (‘‘TSCA’’), alleging that EPA failed to perform non-discretionary duties under TSCA to timely complete several risk evaluations. EPA is providing notice of the proposed consent decrees, which would resolve all claims in both cases by establishing deadlines for EPA to take action on the subject risk evaluations. DATES: Written comments on the proposed consent decrees must be received by May 28, 2024. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2024–0192, online at https:// www.regulations.gov (EPA’s preferred method). Follow the online instructions for submitting comments. Instructions: All submissions received must include the Docket ID number 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 rulemaking process, see the ‘‘Additional Information about Commenting on the Proposed Consent Decrees’’ heading under the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Stephanie Schwarz, Pesticides and Toxic Substances Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone (202) 564– 8496; email address schwarz.stephanie@ epa.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Copies of the Proposed Consent Decrees The official public docket for this action (Docket ID No. EPA–HQ–OGC– 2024–0192) contains copies of the proposed consent decrees. The official public docket is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744 and the telephone number for the OEI Docket is (202) 566–1752. The electronic version of the public docket for this action contains copies of the proposed consent decrees and is available through https:// www.regulations.gov. You may use https://www.regulations.gov to submit E:\FR\FM\26APN1.SGM 26APN1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 89, Number 82 (Friday, April 26, 2024)]
[Notices]
[Pages 32422-32424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08927]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10891-01-OAR]


California State Nonroad Engine Pollution Control Standards; In-
Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator 
Sets and In-Use Off-Road Diesel Fueled Fleets; Requests for 
Authorization; Opportunity for Public Hearing and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing and comment.

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SUMMARY: The California Air Resources Board (CARB) has notified the EPA 
that it has adopted amendments to its In-Use Diesel-Fueled Transport 
Refrigeration Units (TRU) and TRU Generator Sets (collectively, 
``TRU'') regulations. By letter dated December 29, 2022, CARB requested 
that the EPA authorize the amendments pursuant to section 209(e) of the 
Clean Air Act (CAA). CARB has also notified EPA that it has adopted 
amendments to its In-Use Off-Road Diesel-Fueled Fleets (``Offroad 
Fleets'') regulations. By letter dated November 2, 2023, CARB requested 
that the EPA authorize the amendments pursuant to section 209(e) of the 
CAA. This notice announces that the EPA will hold a public hearing to 
consider California's authorization requests and that the EPA is now 
accepting written comments on the requests.

DATES: 
    Comments: Written comments must be received on or before June 19, 
2024.
    Public Hearing: The EPA will hold public hearings on May 16, 2024, 
regarding each of CARB's authorization requests. See SUPPLEMENTARY 
INFORMATION for further information on the virtual public hearings, the 
specific time of day associated with each authorization request, and 
registration. Additional information regarding the virtual public 
hearing and the TRU action can be found at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru. Additional information regarding the virtual public 
hearing and the Offroad Fleets action can be found at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel.

ADDRESSES: 
    Comments: You may submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2024-0030 (for the TRU action) and by Docket ID. No. EPA-HQ-
OAR-2023-0581 (for the Offroad Fleets action) 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-2024-0030 (for the TRU action) or Docket 
EPA-HQ-OAR-2023-0581 (for the Offroad Fleets action), 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 one or both of these actions. 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 these actions, 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 hearings will be held on May 16, 
2024. The hearing for the TRU authorization request will begin at 10:00 
a.m. Eastern Daylight Time and will end approximately at 1:00 p.m. or 
when all parties who wish to speak have had an opportunity to do so. 
The hearing for the Offroad Fleets authorization request will begin at 
2:00 p.m. Eastern Daylight Time and will end when all parties who wish 
to speak have had an opportunity to do so. All hearing attendees, for 
those wishing to attend either the morning hearing or afternoon hearing 
for the TRU or Offroad Fleets authorization request, respectively 
(including even those who do not intend to provide testimony), should 
register for the respective public hearing(s) by May 9, 2024. 
Information on how to register for the virtual public hearing regarding 
the TRU authorization request can be found at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru. Information on how to register for the virtual public 
hearing regarding the Offroad Fleets authorization request can be found 
at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel.

FOR FURTHER INFORMATION CONTACT: Mark Coryell, Office of Transportation 
and Air Quality, U.S. Environmental Protection Agency; Telephone 
number: (734) 214-4446; Email address: [email protected]. Jeremy 
O'Kelly, Office of Transportation and Air Quality, U.S. Environmental 
Protection Agency; Telephone number: (202) 250-8884; Email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. CARB's TRU Authorization Request

    CARB's December 29, 2022, letter to the EPA Administrator notified 
the EPA that CARB had amended its In-Use Diesel-Fueled Transport 
Refrigeration Units (TRU) and TRU Generator Sets (collectively, 
``TRU'') regulations (the TRU Amendments).\1\ The TRU Amendments, 
adopted by the Board on

[[Page 32423]]

February 24, 2022, contain several provisions including, but not 
limited to, a requirement that certain TRUs manufactured after a 
certain date use a refrigerant less than or equal to a specified global 
warming potential (GWP), a requirement that non-truck TRUs meet 
specified particulate matter (PM) standards, a requirement that TRU 
owners transition a percentage of their truck fleet TRUs to zero-
emission technology, and a requirement that owners of certain 
facilities are subject to registration and reporting requirements.\2\
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    \1\ Title 13, California Code of Regulations, section 2477. EPA 
granted an authorization for California's initial set of TRU 
regulations on January 16, 2009. EPA also granted a within-the-scope 
authorization for amendments to the TRU regulations, adopted in 
2010, on June 28, 2013 (78 FR 38970).
    \2\ CARB's Authorization Support Document at 4-9 (EPA Docket: 
EPA-HQ-OAR-2024-0030). A description of CARB's 2022 TRU Amendments 
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.
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II. CARB's Offroad Fleets Authorization Request

    CARB's November 2, 2023, letter to the EPA Administrator notified 
the EPA that CARB had amended its In-Use Off-Road Diesel-Fueled Fleets 
regulations (Offroad Fleets Amendments).\3\ The Offroad Fleets 
Amendments, adopted by the Board on December 8, 2022, primarily require 
fleets of in-use off-road diesel-fueled vehicles to phase out the 
operation of their oldest and highest-emitting diesel vehicles and 
prohibit such fleets from acquiring high-emitting vehicles. The Offroad 
Fleets Amendments also require fleets to fuel their vehicles with 
specified renewable diesel. Further, the Amendments establish 
administrative requirements for prime contractors and public works 
awarding bodies.\4\
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    \3\ Title 13, California Code of Regulations, sections 2449, 
2449.1, and 2449.2. In 2013, EPA issued an authorization for CARB's 
initial Offroad Fleets adopted in 2007 and amended in 2009 and 2010 
(78 FR 58090 (Sept. 20, 2013)).
    \4\ CARB's Authorization Support Document at 4-10 (EPA Docket: 
EPA-HQ-OAR-2023-0581). A description of CARB's Offroad Fleets 
Amendments 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.
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III. 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.'' \5\ 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].\6\
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    \5\ 42 U.S.C 7543(e)(1).
    \6\ 42 U.S.C. 7543(e)(2)(A).
---------------------------------------------------------------------------

    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.\7\ The EPA revised these regulations in 1997.\8\ The 
criteria for granting California authorization requests, as reflected 
in section 209(e)(2)(A), can be found at 40 CFR 1074.105.
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    \7\ 59 FR 36969 (July 20, 1994).
    \8\ 62 FR 67733 (December 30, 1997). The preemption regulations 
were later transcribed at 40 CFR part 1074; see 73 FR 59034 (Oct. 8, 
2008).
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    As stated in the preamble to the 1994 rule, the EPA has 
historically interpreted the section 209(e)(2)(A)(iii) ``consistency'' 
inquiry (see 40 CFR 1074.105(b)(3)) 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).\9\
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    \9\ 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 (such as ``. . . any standard or other 
requirement relating to the control of emissions from . . . (A) New 
engines which are used in construction equipments or vehicles or used 
in farm equipment or vehicles and which are smaller than 175 
horsepower. (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 he 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.\10\
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    \10\ 78 FR 58090, 58092 (September 20, 2013).
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III. EPA's Request for Comments

    We request comment on whether the TRU Amendments meet 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.
    We also request comment on whether the Offroad Fleets Amendments 
meet 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

[[Page 32424]]

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 hearings will be held on May 16, 2024. The 
hearing for the TRU authorization request will begin at 10:00 a.m. 
Eastern Daylight Time and will end approximately at 1:00 p.m. or when 
all parties who wish to speak have had an opportunity to do so. The 
hearing for the Offroad Fleets authorization request will begin at 2:00 
p.m. Eastern Daylight Time and will end when all parties who wish to 
speak have had an opportunity to do so.
    All hearing attendees, for those wishing to attend either the 
morning or afternoon hearings for TRU or Offroad Fleets, respectively 
(including even those who do not intend to provide testimony,) should 
register for the respective public hearing(s) by May 9, 2024. 
Information on how to register for the virtual public hearing regarding 
the TRU authorization request can be found at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru. Information on how to register for the virtual public 
hearing regarding the Offroad Fleets authorization request can be found 
at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel.
    Those seeking to register should do so by May 9, 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 May 9, 2024. The EPA may not be able to arrange 
accommodations without advance notice. Please note that any updates 
made to any aspect of the TRU authorization hearing will be posted 
online at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru. Please also note that 
any updates to any aspect of the Offroad Fleets authorization hearing 
will be posted online at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel. While the EPA expects the hearings to go forward as set forth 
above, please monitor the respective hearing websites 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 the respective authorization request. 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 for the respective 
authorization request. The Agency will make a verbatim record of the 
proceedings at each hearing that will be placed in the respective TRU 
and Offroad Fleets dockets. The EPA will keep the record open until 
June 19, 2024, for each authorization request. After expiration of the 
comment period, the Administrator will render decisions on CARB's 
requests based on the record of the public hearing, relevant written 
submissions, and other information that he deems pertinent.

William Charmley,
Director, Assessment and Standards Division, Office of Transportation 
and Air Quality.
[FR Doc. 2024-08927 Filed 4-25-24; 8:45 am]
BILLING CODE 6560-50-P

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