
[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30608-30610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12009]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9911-32-OAR]


California State Nonroad Engine Pollution Control Standards; 
Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards 
Regulation; Request for Within-the-Scope and Full Authorization; 
Opportunity for Public Hearing and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The California Air Resources Board (CARB) has notified the 
Environmental Protection Agency (EPA) that it has adopted amendments to 
its Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards 
regulation (CHE amendments). By letter dated May 16, 2013, CARB asked 
that EPA authorize these amendments pursuant to the Clean Air Act. CARB 
seeks confirmation that certain of the amendments are within the scope 
of a prior authorization issued by EPA, and that certain of the 
amendments require and merit a full authorization. This notice 
announces that EPA has tentatively scheduled a public hearing to 
consider California's request for authorization of the CHE amendments, 
and that EPA is now accepting written comment on the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's 
request on June 19, 2014, at 10 a.m. ET. EPA will hold a hearing only 
if any party notifies EPA by June 9, 2014 to express interest in 
presenting the Agency with oral testimony. Parties wishing to present 
oral testimony at the public hearing should provide written notice to 
David Dickinson at the email address noted below. If EPA receives a 
request for a public hearing, that hearing will be held at 1310 L 
Street NW., Washington, DC 20005. If EPA does not receive a request for 
a public hearing, then EPA will not hold a hearing, and will instead 
consider CARB's request based on written submissions to the docket. Any 
party may submit written comments until July 21, 2014.
    Any person who wishes to know whether a hearing will be held may 
call David Dickinson at (202) 343-9256 on or after June 13, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0060, 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-
2014-0060, U.S. Environmental Protection Agency, Mail code: 6102T, 1200 
Pennsylvania Avenue NW., Washington, DC 20460. Please include a total 
of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 
20460. Such deliveries are only accepted during the Docket's normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Online Instructions for Submitting Comments: Direct your comments 
to Docket ID No. EPA-HQ-OAR-2014-0060. 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

[[Page 30609]]

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-2014-0060. 
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 (6405J) NW., 
Washington, DC 20460. Telephone: (202) 343-9256. Fax: (202) 343-2804. 
Email: Dickinson.david@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. California's CHE Regulation, Prior Authorization, Within-the-Scope 
Request, and New Request

    CARB formally approved its original CHE regulation on December 31, 
2006. The regulation applied to newly purchased, leased, or rented on- 
and off-road motor vehicles and equipment, as well as to in-use on- and 
off-road motor vehicles and equipment with compression-ignition engines 
that operate at ports and intermodal rail yards.\1\ On February 21, 
2012, EPA granted California a waiver for those parts of the CHE 
regulation establishing emission standards for new on-road motor 
vehicles and authorization for standards and other requirements related 
to the control of emissions affecting new and in-use nonroad 
engines.\2\ CARB formally adopted the CHE amendments on October 14, 
2012,\3\ and they became operative under California law on that date. 
The CHE amendments are codified at title 13, California Code of 
Regulations, section 2479.\4\
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    \1\ The federal term ``nonroad'' and the California term ``off-
road'' are used interchangeably.
    \2\ 77 FR 9916 (February 21, 2012).
    \3\ CARB, ``Resolution 11-30,'' September 22, 2011; CARB, 
``Executive Order R-12-009,'' August 2, 2012.
    \4\ CARB, ``Final Regulation Order for title 13, California Code 
of Regulations, section 2479.''
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    By letter dated May 16, 2013, CARB submitted a request to EPA 
pursuant to section 209(e) of the Clean Air Act (CAA or the Act), 
regarding authorization of its CHE amendments.\5\ The CHE amendments 
modify certain retrofit, operational, and compliance requirements; 
strengthen certain emission standards; and address definitions, and 
other clarifying language. CARB seeks EPA's confirmation that certain 
CHE amendments fall within the scope of EPA's February 2012 
authorization, pursuant to section 209(e) of the Clean Air Act, and a 
full authorization for other CHE amendments. Those CHE amendments for 
which CARB seeks within-the-scope confirmation are related to 
compliance flexibility and reduced compliance costs and include: 
Modification to retrofit requirements and operational practices; 
demonstration of emissions equivalency for alternative technology; and 
modification of certain compliance requirements. CARB seeks a full 
authorization for the CHE amendments related to new, more stringent 
requirements and include: A new opacity based monitoring program for 
in-use nonroad vehicles and equipment; and, a new retrofit requirement 
for engines meeting the Tier 4 Family Emissions Limit standards.
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    \5\ California Air Resources Board (``CARB''), ``Request for 
Authorization,'' May 16, 2013.
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II. Clean Air Act Nonroad Engine and Vehicle Authorizations

    Section 209(e)(1) of the CAA prohibits states and local governments 
from adopting or attempting to enforce any standard or requirement 
relating to the control of emissions from new nonroad vehicles or 
engines. The Act also preempts states from adopting and enforcing 
standards and other requirements related to the control of emissions 
from non-new nonroad engines or vehicles. Section 209(e)(2), however, 
requires the Administrator, after notice and opportunity for public 
hearing, to authorize California to enforce such standards and other 
requirements, unless EPA makes one of three findings. In addition, 
other states with air quality attainment plans may adopt and enforce 
such regulations if the standards, and implementation and enforcement 
procedures, are identical to California's standards. On July 20, 1994, 
EPA promulgated a rule that sets forth, among other things, regulations 
providing the criteria, as found in section 209(e)(2), that 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\ The authorization criteria are (1) whether 
California's protectiveness determination that its standards, in the 
aggregate, are at least as protective of public health and welfare as 
comparable federal standards is arbitrary and capricious; (2) 
California does not need such standards to meet compelling and 
extraordinary conditions; or (3) The California standards and 
accompanying enforcement procedures are not consistent with section 209 
of the Act. As stated in the preamble to the 1994 rule, EPA has 
historically interpreted the section 209(e)(2)(iii) ``consistency'' 
inquiry to require, at minimum, that California standards and 
enforcement procedures be consistent with section 209(a), section 
209(e)(1), and section

[[Page 30610]]

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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    \6\ 59 FR 36969 (July 20, 1994).
    \7\ 62 FR 67733 (December 30, 1997). The applicable regulations 
are now in 40 CFR part 1074, subpart B, Sec.  1074.105.
    \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.
    If California amends regulations that EPA has already authorized, 
California can seek EPA confirmation that the amendments are within the 
scope of the previous authorization. A within-the-scope confirmation, 
without a full authorization review, is permissible if three conditions 
are met. First, the amended regulations must not undermine California's 
determination that its standards, in the aggregate, are as protective 
of public health and welfare as applicable federal standards. Second, 
the amended regulations must not affect consistency with section 202(a) 
of the Act. Third, the amended regulations must not raise any ``new 
issues'' affecting EPA's prior authorizations.

III. EPA's Request for Comments

    As stated above, EPA is offering the opportunity for a public 
hearing, and is requesting written comment on issues relevant to a 
within-the-scope analysis pertaining to CARB's amendments affecting 
compliance flexibility and reduced compliance costs. Specifically, we 
request comment on whether California's CHE amendments: (1) Undermine 
California's previous determination that its standards, in the 
aggregate, are at least as protective of public health and welfare as 
comparable federal standards; (2) affect the consistency of 
California's requirements with section 209 of the Act; or (3) raise any 
other new issues affecting EPA's previous waiver or authorization 
determinations.
    Should any party believe that the amendments noted above are not 
within the scope of the previous authorization, EPA also requests 
comment on whether the CARB CHE amendments meet the criteria for a full 
authorization. Specifically, we request comment on: (a) Whether CARB's 
determination that its standards, in the aggregate, are at least as 
protective of public health and welfare as applicable federal standards 
is arbitrary and capricious, (b) whether California needs such 
standards to meet compelling and extraordinary conditions, and (c) 
whether California's standards and accompanying enforcement procedures 
are consistent with section 209 of the Act.
    EPA also requests comment on whether the CHE amendments, for which 
CARB seeks a full authorization, meet the criteria of section 209(e) 
for a full authorization.

IV. Procedures for Public Participation

    If a hearing is held, the Agency will make a verbatim record of the 
proceedings. Interested parties may arrange with the reporter at the 
hearing to obtain a copy of the transcript at their own expense. 
Regardless of whether a public hearing is held, EPA will keep the 
record open until July 21, 2014. Upon expiration of the comment period, 
the Administrator will render a decision on CARB's request based on the 
record from the public hearing (if a hearing is conducted), all 
relevant written submissions, and other information that she deems 
pertinent. All information will be available for inspection at the EPA 
Air Docket No. EPA-HQ-OAR-2014-0060.
    Persons with comments containing proprietary information must 
distinguish such information from other comments to the greatest extent 
possible and label it as ``Confidential Business Information'' 
(``CBI''). If a person making comments wants EPA to base its decision 
on a submission labeled as CBI, then a non-confidential version of the 
document that summarizes the key data or information should be 
submitted to the public docket. To ensure that proprietary information 
is not inadvertently placed in the public docket, submissions 
containing such information should be sent directly to the contact 
person listed above and not to the public docket. Information covered 
by a claim of confidentiality will be disclosed by EPA only to the 
extent allowed, and according to the procedures set forth in 40 CFR 
Part 2. If no claim of confidentiality accompanies the submission when 
EPA receives it, EPA will make it available to the public without 
further notice to the person making comments.

    Dated: May 15, 2014.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and 
Radiation.
[FR Doc. 2014-12009 Filed 5-27-14; 8:45 am]
BILLING CODE 6560-50-P


