80 FR 71791 - California State Nonroad Engine Pollution Control Standards; In-Use Diesel-Fueled Transport Refrigeration Units (TRUs) and TRU Generator Sets and Facilities Where TRUs Operate; Request for Within-the-Scope and Full Authorization; Opportunity for Public Hearing and Comment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 221 (November 17, 2015)

Page Range		71791-71793
FR Document		2015-29368
The California Air Resources Board (CARB) has notified the Environmental Protection Agency (EPA) that it has adopted amendments to its In-Use Diesel-Fueled Transport Refrigeration Units (TRUs) and TRU Generator Sets and Facilities Where TRUs Operate (together ``2011 TRU Amendments'') regulation. By letter dated March 2, 2015, CARB asked that EPA authorize these amendments pursuant to section 209(e) of the Clean Air Act. CARB seeks confirmation that certain 2011 TRU Amendments are within the scope of prior authorizations issued by EPA, or, in the alternative, that such amendments merit full authorization. CARB also seeks a full authorization for other 2011 TRU Amendments. This notice announces that EPA has tentatively scheduled a public hearing to consider California's authorization request for the 2011 TRU Amendments and that EPA is now accepting written comment on the request.
Federal Register, Volume 80 Issue 221 (Tuesday, November 17, 2015)
[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Notices]
[Pages 71791-71793]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29368]



[[Page 71791]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2015-0224; FRL-9939-16-OAR]


California State Nonroad Engine Pollution Control Standards; In-
Use Diesel-Fueled Transport Refrigeration Units (TRUs) and TRU 
Generator Sets and Facilities Where TRUs Operate; 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 In-Use Diesel-Fueled Transport Refrigeration Units (TRUs) and TRU 
Generator Sets and Facilities Where TRUs Operate (together ``2011 TRU 
Amendments'') regulation. By letter dated March 2, 2015, CARB asked 
that EPA authorize these amendments pursuant to section 209(e) of the 
Clean Air Act. CARB seeks confirmation that certain 2011 TRU Amendments 
are within the scope of prior authorizations issued by EPA, or, in the 
alternative, that such amendments merit full authorization. CARB also 
seeks a full authorization for other 2011 TRU Amendments. This notice 
announces that EPA has tentatively scheduled a public hearing to 
consider California's authorization request for the 2011 TRU Amendments 
and that EPA is now accepting written comment on the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's 
request on January 6, 2016, at 10 a.m. ET. EPA will hold a hearing only 
if any party notifies EPA by December 15, 2015 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 the William 
Jefferson Clinton Building (North), Room 5528 at 1200 Pennsylvania Ave. 
NW., Washington, DC 20460. If EPA does not receive a request for a 
public hearing, then EPA will not hold a hearing, and instead will 
consider CARB's request based on written submissions to the docket. Any 
party may submit written comments until February 8, 2016.
    Any person who wishes to know whether a hearing will be held may 
call David Dickinson at (202) 343-9256 on or after December 16, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0224, 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-
2015-0224, 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-2015-0224. EPA's policy is that all 
comments we receive will be included in the public docket without 
change and may be made available online at http://www.regulations.gov, 
including any personal information provided, unless the comment 
includes information claimed to be Confidential Business Information 
(CBI) or other information whose disclosure is restricted by statute. 
Do not submit information that you consider to be CBI or otherwise 
protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through http://www.regulations.gov, your 
email address will automatically be captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    EPA will make available for public inspection materials submitted 
by CARB, written comments received from any interested parties, and any 
testimony given at the public hearing. Materials relevant to this 
proceeding are contained in the Air and Radiation Docket and 
Information Center, maintained in Docket ID No. EPA-HQ-OAR-2015-0224. 
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, 
Transportation and Climate Division, Office of Transportation and Air 
Quality, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. 
NW., (6405J), Washington, DC 20460. Telephone: (202) 343-9256. Fax: 
(202) 343-2804. Email: dickinson.david@epa.gov.

[[Page 71792]]


SUPPLEMENTARY INFORMATION:

I. California's TRU Regulations; Within-the-Scope Request and Request 
for Full Authorization

    CARB's TRU regulations require TRU engines to meet in-use standards 
that vary by horsepower (hp) range and have two levels of emissions 
stringency (LETRU and ULETRU--low-emission and ultra-low emission 
transportation refrigeration units, respectively) that are phased in 
over time.\1\ The 2011 Amendments provide owners of 2001 through 2003 
model year (MY) TRU engines that complied with the LETRU in-use 
performance standards by specified compliance deadlines a one-year 
extension of the deadline to comply with the more stringent ULETRU in-
use performance standards.\2\ The 2011 Amendments also clarify manual 
recordkeeping requirements for electric standby-equipped TRUs and 
ultimately require automated electronic tracking system requirements 
for such TRUs; establish requirements for businesses that arrange, 
hire, contract, or dispatch the transport of goods in TRU-equipped 
trucks, trailers or containers; and address other issues that arose 
during the initial implementation of the TRU regulation.\3\
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    \1\ CARB's amended regulation is codified at California Code of 
Regulations (CCR), title 13, section 2477. EPA granted California a 
full authorization for the initial TRU regulation in 2009 (74 FR 
3030 (January 16, 2009)). EPA confirmed California's 2010 amendments 
were within the scope of the initial TRU authorization in 2013 (78 
FR 38970 (June 28, 2013)).
    \2\ The 2011 TRU Amendments also provide an extension of 
applicable compliance dates should compliant technology not be 
available.
    \3\ For a complete description of CARB's amended TRU regulation 
and the provisions which CARB seeks EPA's authorization see CARB's 
incoming request to EPA (and accompanying documents) submitted to 
the public docket at EPA-HQ-OAR-2015-0224.
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    By letter dated March 2, 2015, CARB submitted a request to EPA 
pursuant to section 209(e) of the Clean Air Act (CAA or the Act) for 
confirmation that its 2011 Amendments fall within the scope of EPA's 
previous authorizations, or, in the alternate, a full authorization for 
those amendments. Included in the within-the-scope request are the 2011 
Amendments that (1) extend the ULETRU compliance date for MY 2003 and 
older TRUs that complied with the LETRU standard by specified dates; 
(2) extend compliance dates when compliant technology is unavailable or 
delayed for certain reasons; (3) establish new exemptions; \4\ and (4) 
allow in-use performance standards and associated compliance deadlines 
to be based on the year the TRU was manufactured instead of the TRU 
engine model year. CARB also seeks within-the-scope confirmation that 
certain amendments to its accompanying enforcement procedures are 
within the scope of prior EPA authorizations.\5\ CARB seeks a full 
authorization for a subset of the 2011 Amendments that set forth 
requirements for repowering TRUs with new replacement engines and that 
allow owners to repower TRUs with rebuilt engines meeting certain 
requirements. CARB also seeks a full authorization for a series 
amendments to the TRU accompanying enforcement procedures.\6\
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    \4\ These new exemptions are listed in section II G of CARB's 
authorization request, EPA-HQ-OAR-2015-0224-0002 at p. 12-13.
    \5\ These amendments to the TRU accompanying enforcement 
procedures are listed in CARB's authorization request, EPA-HQ-OAR-
2015-0244-0002 at p. 24.
    \6\ These amendments to the TRU accompanying enforcement 
procedures are listed in CARB's authorization request, EPA-HQ-OAR-
2015-0224-0002 at p. 25.
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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 certain types of 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 other types of new nonroad vehicles or engines as well 
as non-new nonroad engines or vehicles. Section 209(e)(2), however, 
requires the Administrator, after notice and opportunity for public 
hearing, to authorize California to adopt and enforce standards and 
other requirements relating to the control of emissions from such 
preempted vehicles or engines if California determines that California 
standards will be, in the aggregate, at least as protective of public 
health and welfare as applicable Federal standards. However, EPA shall 
not grant such authorization if it finds that (1) the 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].\7\ In addition, 
other states with air quality attainment plans may adopt and enforce 
such regulations if the standards and the implementation and 
enforcement procedures are identical to California's standards. On July 
20, 1994, EPA promulgated a rule that sets forth, among other things, 
regulations providing the criteria, as found in section 209(e)(2), 
which EPA must consider before granting any California authorization 
request for new nonroad engine or vehicle emission standards.\8\ EPA 
revised these regulations in 1997.\9\ As stated in the preamble to the 
1994 rule, 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 EPA has 
interpreted that subsection in the context of section 209(b) motor 
vehicle waivers).\10\
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    \7\ EPA's review of California regulations under section 209 is 
not a broad review of the reasonableness of the regulations or its 
compatibility with all other laws. Sections 209(b) and 209(e) of the 
Clean Air Act limit EPA's authority to deny California requests for 
waivers and authorizations to the three criteria listed therein. As 
a result, EPA has consistently refrained from denying California's 
requests for waivers and authorizations based on any other criteria. 
In instances where the U.S. Court of Appeals has reviewed EPA 
decisions declining to deny waiver requests based on criteria not 
found in section 209(b), the Court has upheld and agreed with EPA's 
determination. See Motor and Equipment Manufacturers Ass'n v. 
Nichols, 142 F.3d 449, 462-63, 466-67 (D.C. Cir.1998), Motor and 
Equipment Manufacturers Ass'n v. EPA, 627 F.2d 1095, 1111, 1114-20 
(D.C. Cir. 1979). See also 78 FR 58090, 58120 (September 20, 2013).
    \8\ 59 FR 36969 (July 20, 1994).
    \9\ 62 FR 67733 (December 30, 1997). The applicable regulations, 
now in 40 CFR part 1074, subpart B, Sec.  1074.105, provide:
    (a) The Administrator will grant the authorization if California 
determines that its standards will be, in the aggregate, at least as 
protective of public health and welfare as otherwise applicable 
federal standards.
    (b) The authorization will not be granted if the Administrator 
finds that any of the following are true:
    (1) California's determination is arbitrary and capricious.
    (2) California does not need such standards to meet compelling 
and extraordinary conditions.
    (3) The California standards and accompanying enforcement 
procedures are not consistent with section 209 of the Act.
    (c) In considering any request to authorize California to adopt 
or enforce standards or other requirements relating to the control 
of emissions from new nonroad spark-ignition engines smaller than 50 
horsepower, the Administrator will give appropriate consideration to 
safety factors (including the potential increased risk of burn or 
fire) associated with compliance with the California standard.
    \10\ 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

[[Page 71793]]

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.\11\
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    \11\ Id. See also 78 FR 58090, 58092 (September 20, 2013).
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    If California amends regulations that EPA has already authorized, 
California can seek EPA confirmation that the amendments are within the 
scope of the previous authorization. A within-the-scope confirmation, 
without a full authorization review, is permissible if three conditions 
are met.\12\ First, the amended regulations must not undermine 
California's determination that its standards, in the aggregate, are as 
protective of public health and welfare as applicable federal 
standards. Second, the amended regulations must not affect consistency 
with section 202(a) of the Act. Third, the amended regulations must not 
raise any ``new issues'' affecting EPA's prior authorizations.
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    \12\ See 78 FR 38970, 38972 (June 28, 2013).
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    In considering whether to grant authorizations for accompanying 
enforcement procedures tied to standards for which an authorization has 
already been granted, EPA addresses questions as to whether the 
enforcement procedures undermine California's determination that its 
standards are as protective of public health and welfare as applicable 
federal standards, and whether the enforcement procedures are 
consistent with section 202(a).\13\
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    \13\ See CAA section 209(e)(2)(A)(i) and (iii), 42 U.S.C. 
7543(e)(2)(A) (i) and (iii).
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III. EPA's Request for Comments

    As stated above, EPA is offering the opportunity for a public 
hearing, and is requesting written comment on issues relevant to a 
within-the-scope analysis and a full authorization analysis. 
Specifically, we request comment on whether the 2011 Amendments (1) 
undermine California's previous determination that its standards, in 
the aggregate, are at least as protective of public health and welfare 
as comparable federal standards; (2) affect the consistency of 
California's requirements with section 209 of the Act; or (3) raise any 
other new issues affecting EPA's previous waiver or authorization 
determinations.
    Should any party believe that the amendments are not within the 
scope of the previous authorizations, EPA also requests comment on 
whether the 2011 Amendments meet the criteria for a full authorization. 
Specifically, we request comment on: (a) Whether CARB's determination 
that its standards, in the aggregate, are at least as protective of 
public health and welfare as applicable federal standards is arbitrary 
and capricious; (b) whether California needs such standards to meet 
compelling and extraordinary conditions; and (c) whether California's 
standards and accompanying enforcement procedures are consistent with 
section 209 of the Act.

IV. Procedures for Public Participation

    If a hearing is held, the Agency will make a verbatim record of the 
proceedings. Interested parties may arrange with the reporter at the 
hearing to obtain a copy of the transcript at their own expense. 
Regardless of whether a public hearing is held, EPA will keep the 
record open until February 8, 2016. Upon expiration of the comment 
period, the Administrator will render a decision on CARB's request 
based on the record from the public hearing, if any, all relevant 
written submissions, and other information that she deems pertinent. 
All information will be available for inspection at the EPA Air Docket 
No. EPA-HQ-OAR-2015-0224.
    Persons with comments containing proprietary information must 
distinguish such information from other comments to the greatest extent 
possible and label it as ``Confidential Business Information'' (CBI). 
If a person making comments wants EPA to base its decision on a 
submission labeled as CBI, then a non-confidential version of the 
document that summarizes the key data or information should be 
submitted to the public docket. To ensure that proprietary information 
is not inadvertently placed in the public docket, submissions 
containing such information should be sent directly to the contact 
person listed above and not to the public docket. Information covered 
by a claim of confidentiality will be disclosed by EPA only to the 
extent allowed, and according to the procedures set forth in 40 CFR 
part 2. If no claim of confidentiality accompanies the submission when 
EPA receives it, EPA will make it available to the public without 
further notice to the person making comments.

    Dated: November 9, 2015.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and 
Radiation.
[FR Doc. 2015-29368 Filed 11-16-15; 8:45 am]
 BILLING CODE 6560-50-P
Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Notices 71791

ENVIRONMENTAL PROTECTION David Dickinson at (202) 343–9256 on viruses. For additional information
AGENCY or after December 16, 2015. about EPA’s public docket visit the EPA
ADDRESSES: Submit your comments, Docket Center homepage at http://www.
[EPA–HQ–OAR–2015–0224; FRL–9939–16–
identified by Docket ID No. EPA–HQ– epa.gov/epahome/dockets.htm.
OAR]
OAR–2015–0224, by one of the EPA will make available for public
California State Nonroad Engine following methods: inspection materials submitted by
Pollution Control Standards; In-Use • Online at http:// CARB, written comments received from
Diesel-Fueled Transport Refrigeration www.regulations.gov: Follow the Online any interested parties, and any
Units (TRUs) and TRU Generator Sets Instructions for Submitting Comments. testimony given at the public hearing.
and Facilities Where TRUs Operate; • Email: a-and-r-docket@epa.gov. Materials relevant to this proceeding are
Request for Within-the-Scope and Full • Fax: (202) 566–9744. contained in the Air and Radiation
Authorization; Opportunity for Public • Mail: Air and Radiation Docket, Docket and Information Center,
Hearing and Comment Docket ID No. EPA–HQ–OAR–2015– maintained in Docket ID No. EPA–HQ–
0224, U.S. Environmental Protection OAR–2015–0224. Publicly available
AGENCY: Environmental Protection Agency, Mail code: 6102T, 1200 docket materials are available either
Agency (EPA). Pennsylvania Avenue NW., Washington, electronically through http://
ACTION: Notice. DC 20460. Please include a total of two www.regulations.gov or in hard copy at
copies. the Air and Radiation Docket in the EPA
SUMMARY: The California Air Resources • Hand Delivery: EPA Docket Center, Headquarters Library, EPA West
Board (CARB) has notified the Public Reading Room, EPA West Building, Room 3334, located at 1301
Environmental Protection Agency (EPA) Building, Room 3334, 1301 Constitution Constitution Avenue NW., Washington,
that it has adopted amendments to its Avenue NW., Washington, DC 20460. DC. The Public Reading Room is open
In-Use Diesel-Fueled Transport Such deliveries are only accepted to the public on all federal government
Refrigeration Units (TRUs) and TRU during the Docket’s normal hours of work days from 8:30 a.m. to 4:30 p.m.;
Generator Sets and Facilities Where operation, and special arrangements generally, it is open Monday through
TRUs Operate (together ‘‘2011 TRU should be made for deliveries of boxed Friday, excluding holidays. The
Amendments’’) regulation. By letter information. telephone number for the Reading Room
dated March 2, 2015, CARB asked that Online Instructions for Submitting is (202) 566–1744. The Air and
EPA authorize these amendments Comments: Direct your comments to Radiation Docket and Information
pursuant to section 209(e) of the Clean Docket ID No. EPA–HQ–OAR–2015– Center’s Web site is http://www.epa.gov/
Air Act. CARB seeks confirmation that 0224. EPA’s policy is that all comments oar/docket.html. The electronic mail
certain 2011 TRU Amendments are we receive will be included in the (email) address for the Air and
within the scope of prior authorizations public docket without change and may Radiation Docket is: a-and-r-Docket@
issued by EPA, or, in the alternative, be made available online at http:// epa.gov, the telephone number is (202)
that such amendments merit full www.regulations.gov, including any 566–1742, and the fax number is (202)
authorization. CARB also seeks a full personal information provided, unless 566–9744. An electronic version of the
authorization for other 2011 TRU the comment includes information public docket is available through the
Amendments. This notice announces claimed to be Confidential Business federal government’s electronic public
that EPA has tentatively scheduled a Information (CBI) or other information docket and comment system. You may
public hearing to consider California’s whose disclosure is restricted by statute. access EPA dockets at http://
authorization request for the 2011 TRU Do not submit information that you www.regulations.gov. After opening the
Amendments and that EPA is now consider to be CBI or otherwise http://www.regulations.gov Web site,
accepting written comment on the protected through http:// enter, in the ‘‘Enter Keyword or ID’’ fill-
request. www.regulations.gov or email. The in box to view documents in the record.
DATES: EPA has tentatively scheduled a http://www.regulations.gov Web site is Although a part of the official docket,
public hearing concerning CARB’s an ‘‘anonymous access’’ system, which the public docket does not include
request on January 6, 2016, at 10 a.m. means EPA will not know your identity Confidential Business Information
ET. EPA will hold a hearing only if any or contact information unless you (‘‘CBI’’) or other information whose
party notifies EPA by December 15, provide it in the body of your comment. disclosure is restricted by statute.
2015 to express interest in presenting If you send an email comment directly EPA’s Office of Transportation and
the Agency with oral testimony. Parties to EPA without going through http:// Air Quality also maintains a Web page
wishing to present oral testimony at the www.regulations.gov, your email that contains general information on its
public hearing should provide written address will automatically be captured review of California waiver and
notice to David Dickinson at the email and included as part of the comment authorization requests. Included on that
address noted below. If EPA receives a that is placed in the public docket and page are links to prior waiver and
request for a public hearing, that hearing made available on the Internet. If you authorization Federal Register notices.
will be held at the William Jefferson submit an electronic comment, EPA The page can be accessed at http://www.
Clinton Building (North), Room 5528 at recommends that you include your epa.gov/otaq/cafr.htm.
1200 Pennsylvania Ave. NW., name and other contact information in FOR FURTHER INFORMATION CONTACT:
Washington, DC 20460. If EPA does not the body of your comment and with any David Dickinson, Attorney-Advisor,
mstockstill on DSK4VPTVN1PROD with NOTICES

receive a request for a public hearing, disk or CD–ROM you submit. If EPA Transportation and Climate Division,
then EPA will not hold a hearing, and cannot read your comment due to Office of Transportation and Air
instead will consider CARB’s request technical difficulties and cannot contact Quality, U.S. Environmental Protection
based on written submissions to the you for clarification, EPA may not be Agency, 1200 Pennsylvania Ave. NW.,
docket. Any party may submit written able to consider your comment. (6405J), Washington, DC 20460.
comments until February 8, 2016. Electronic files should avoid the use of Telephone: (202) 343–9256. Fax: (202)
Any person who wishes to know special characters, any form of 343–2804. Email: dickinson.david@
whether a hearing will be held may call encryption, and be free of any defects or epa.gov.

VerDate Sep<11>2014 18:14 Nov 16, 2015 Jkt 238001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1
71792 Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Notices

SUPPLEMENTARY INFORMATION: performance standards and associated states with air quality attainment plans
compliance deadlines to be based on the may adopt and enforce such regulations
I. California’s TRU Regulations;
year the TRU was manufactured instead if the standards and the implementation
Within-the-Scope Request and Request
of the TRU engine model year. CARB and enforcement procedures are
for Full Authorization
also seeks within-the-scope identical to California’s standards. On
CARB’s TRU regulations require TRU confirmation that certain amendments July 20, 1994, EPA promulgated a rule
engines to meet in-use standards that to its accompanying enforcement that sets forth, among other things,
vary by horsepower (hp) range and have procedures are within the scope of prior regulations providing the criteria, as
two levels of emissions stringency EPA authorizations.5 CARB seeks a full found in section 209(e)(2), which EPA
(LETRU and ULETRU—low-emission authorization for a subset of the 2011 must consider before granting any
and ultra-low emission transportation Amendments that set forth requirements California authorization request for new
refrigeration units, respectively) that are for repowering TRUs with new nonroad engine or vehicle emission
phased in over time.1 The 2011 replacement engines and that allow standards.8 EPA revised these
Amendments provide owners of 2001 owners to repower TRUs with rebuilt regulations in 1997.9 As stated in the
through 2003 model year (MY) TRU engines meeting certain requirements. preamble to the 1994 rule, EPA has
engines that complied with the LETRU CARB also seeks a full authorization for historically interpreted the section
in-use performance standards by a series amendments to the TRU 209(e)(2)(A)(iii) ‘‘consistency’’ inquiry
specified compliance deadlines a one- accompanying enforcement to require, at minimum, that California
year extension of the deadline to procedures.6 standards and enforcement procedures
comply with the more stringent be consistent with section 209(a),
ULETRU in-use performance II. Clean Air Act Nonroad Engine and
section 209(e)(1), and section
standards.2 The 2011 Amendments also Vehicle Authorizations
209(b)(1)(C) (as EPA has interpreted that
clarify manual recordkeeping Section 209(e)(1) of the CAA prohibits subsection in the context of section
requirements for electric standby- states and local governments from 209(b) motor vehicle waivers).10
equipped TRUs and ultimately require adopting or attempting to enforce any In order to be consistent with section
automated electronic tracking system standard or requirement relating to the 209(a), California’s nonroad standards
requirements for such TRUs; establish control of emissions from certain types and enforcement procedures must not
requirements for businesses that of new nonroad vehicles or engines. The apply to new motor vehicles or new
arrange, hire, contract, or dispatch the Act also preempts states from adopting motor vehicle engines. To be consistent
transport of goods in TRU-equipped and enforcing standards and other with section 209(e)(1), California’s
trucks, trailers or containers; and requirements related to the control of nonroad standards and enforcement
address other issues that arose during emissions from other types of new procedures must not attempt to regulate
the initial implementation of the TRU nonroad vehicles or engines as well as
regulation.3 non-new nonroad engines or vehicles. and authorizations to the three criteria listed
By letter dated March 2, 2015, CARB Section 209(e)(2), however, requires the therein. As a result, EPA has consistently refrained
from denying California’s requests for waivers and
submitted a request to EPA pursuant to Administrator, after notice and authorizations based on any other criteria. In
section 209(e) of the Clean Air Act (CAA opportunity for public hearing, to instances where the U.S. Court of Appeals has
or the Act) for confirmation that its 2011 authorize California to adopt and reviewed EPA decisions declining to deny waiver
Amendments fall within the scope of enforce standards and other requests based on criteria not found in section
209(b), the Court has upheld and agreed with EPA’s
EPA’s previous authorizations, or, in the requirements relating to the control of determination. See Motor and Equipment
alternate, a full authorization for those emissions from such preempted Manufacturers Ass’n v. Nichols, 142 F.3d 449, 462–
amendments. Included in the within- vehicles or engines if California 63, 466–67 (D.C. Cir.1998), Motor and Equipment
the-scope request are the 2011 determines that California standards Manufacturers Ass’n v. EPA, 627 F.2d 1095, 1111,
1114–20 (D.C. Cir. 1979). See also 78 FR 58090,
Amendments that (1) extend the will be, in the aggregate, at least as 58120 (September 20, 2013).
ULETRU compliance date for MY 2003 protective of public health and welfare 8 59 FR 36969 (July 20, 1994).

and older TRUs that complied with the as applicable Federal standards. 9 62 FR 67733 (December 30, 1997). The

LETRU standard by specified dates; (2) However, EPA shall not grant such applicable regulations, now in 40 CFR part 1074,
extend compliance dates when authorization if it finds that (1) the subpart B, § 1074.105, provide:
determination of California is arbitrary (a) The Administrator will grant the authorization
compliant technology is unavailable or if California determines that its standards will be,
delayed for certain reasons; (3) establish and capricious; (2) California does not in the aggregate, at least as protective of public
new exemptions; 4 and (4) allow in-use need such California standards to meet health and welfare as otherwise applicable federal
compelling and extraordinary standards.
1 CARB’s amended regulation is codified at conditions; or (3) California standards (b) The authorization will not be granted if the
California Code of Regulations (CCR), title 13, Administrator finds that any of the following are
and accompanying enforcement true:
section 2477. EPA granted California a full
authorization for the initial TRU regulation in 2009
procedures are not consistent with (1) California’s determination is arbitrary and
(74 FR 3030 (January 16, 2009)). EPA confirmed [CAA section 209].7 In addition, other capricious.
California’s 2010 amendments were within the (2) California does not need such standards to
scope of the initial TRU authorization in 2013 (78 5 These amendments to the TRU accompanying meet compelling and extraordinary conditions.
FR 38970 (June 28, 2013)). enforcement procedures are listed in CARB’s (3) The California standards and accompanying
2 The 2011 TRU Amendments also provide an authorization request, EPA–HQ–OAR–2015–0244– enforcement procedures are not consistent with
extension of applicable compliance dates should 0002 at p. 24. section 209 of the Act.
compliant technology not be available. 6 These amendments to the TRU accompanying (c) In considering any request to authorize
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3 For a complete description of CARB’s amended enforcement procedures are listed in CARB’s California to adopt or enforce standards or other
TRU regulation and the provisions which CARB authorization request, EPA–HQ–OAR–2015–0224– requirements relating to the control of emissions
seeks EPA’s authorization see CARB’s incoming 0002 at p. 25. from new nonroad spark-ignition engines smaller
request to EPA (and accompanying documents) 7 EPA’s review of California regulations under than 50 horsepower, the Administrator will give
submitted to the public docket at EPA–HQ–OAR– section 209 is not a broad review of the appropriate consideration to safety factors
2015–0224. reasonableness of the regulations or its (including the potential increased risk of burn or
4 These new exemptions are listed in section II G compatibility with all other laws. Sections 209(b) fire) associated with compliance with the California
of CARB’s authorization request, EPA–HQ–OAR– and 209(e) of the Clean Air Act limit EPA’s standard.
2015–0224–0002 at p. 12–13. authority to deny California requests for waivers 10 59 FR 36969 (July 20, 1994).

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Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Notices 71793

engine categories that are permanently and a full authorization analysis. will be disclosed by EPA only to the
preempted from state regulation. To Specifically, we request comment on extent allowed, and according to the
determine consistency with section whether the 2011 Amendments (1) procedures set forth in 40 CFR part 2.
209(b)(1)(C), EPA typically reviews undermine California’s previous If no claim of confidentiality
nonroad authorization requests under determination that its standards, in the accompanies the submission when EPA
the same ‘‘consistency’’ criteria that are aggregate, are at least as protective of receives it, EPA will make it available
applied to motor vehicle waiver public health and welfare as comparable to the public without further notice to
requests. Pursuant to section federal standards; (2) affect the the person making comments.
209(b)(1)(C), the Administrator shall not consistency of California’s requirements Dated: November 9, 2015.
grant California a motor vehicle waiver with section 209 of the Act; or (3) raise
Christopher Grundler,
if she finds that California ‘‘standards any other new issues affecting EPA’s
previous waiver or authorization Director, Office of Transportation and Air
and accompanying enforcement Quality, Office of Air and Radiation.
procedures are not consistent with determinations.
Should any party believe that the [FR Doc. 2015–29368 Filed 11–16–15; 8:45 am]
[section 202(a)]’’ of the Act. Previous
decisions granting waivers and amendments are not within the scope of BILLING CODE 6560–50–P

authorizations have noted that state the previous authorizations, EPA also
standards and enforcement procedures requests comment on whether the 2011
Amendments meet the criteria for a full ENVIRONMENTAL PROTECTION
are inconsistent with section 202(a) if: AGENCY
(1) There is inadequate lead time to authorization. Specifically, we request
permit the development of the necessary comment on: (a) Whether CARB’s
technology giving appropriate determination that its standards, in the [FRL–9937–19–OECA]
consideration to the cost of compliance aggregate, are at least as protective of
public health and welfare as applicable National Environmental Justice
within that time, or (2) the federal and
federal standards is arbitrary and Advisory Council; Notification of
state testing procedures impose
capricious; (b) whether California needs Public Teleconference Meetings and
inconsistent certification
such standards to meet compelling and Public Comment
requirements.11
If California amends regulations that extraordinary conditions; and (c) AGENCY: Environmental Protection
EPA has already authorized, California whether California’s standards and Agency (EPA).
can seek EPA confirmation that the accompanying enforcement procedures
are consistent with section 209 of the ACTION: Notice.
amendments are within the scope of the
previous authorization. A within-the- Act. SUMMARY: Pursuant to the Federal
scope confirmation, without a full IV. Procedures for Public Participation Advisory Committee Act (FACA), Public
authorization review, is permissible if If a hearing is held, the Agency will Law 92–463, the U.S. Environmental
three conditions are met.12 First, the make a verbatim record of the Protection Agency (EPA) hereby
amended regulations must not proceedings. Interested parties may provides notice that the National
undermine California’s determination arrange with the reporter at the hearing Environmental Justice Advisory Council
that its standards, in the aggregate, are to obtain a copy of the transcript at their (NEJAC) will host a two (2) public
as protective of public health and own expense. Regardless of whether a teleconference meetings on Wednesday,
welfare as applicable federal standards. public hearing is held, EPA will keep December 2, 2015, from 12:30 p.m. to
Second, the amended regulations must the record open until February 8, 2016. 2:30 p.m. Eastern Time and Tuesday,
not affect consistency with section Upon expiration of the comment period, December 15, 2015, from 3:30 p.m. to
202(a) of the Act. Third, the amended the Administrator will render a decision 5:30 p.m. Eastern Time. Items to be
regulations must not raise any ‘‘new on CARB’s request based on the record discussed by NEJAC over these coming
issues’’ affecting EPA’s prior from the public hearing, if any, all meetings include respectively: U.S.
authorizations. relevant written submissions, and other Housing and Urban Development Final
In considering whether to grant information that she deems pertinent. Rule on Affirmatively Furthering Fair
authorizations for accompanying All information will be available for Housing and Assessment Tool; and
enforcement procedures tied to inspection at the EPA Air Docket No. Chemical Plant Safety and Community
standards for which an authorization EPA–HQ–OAR–2015–0224. Revitalization: 20 Years of the
has already been granted, EPA addresses Persons with comments containing Brownfields Program.
questions as to whether the enforcement proprietary information must There will be an opportunity for the
procedures undermine California’s distinguish such information from other public to comment on Wednesday,
determination that its standards are as comments to the greatest extent possible December 2, 2015, from 1:30 p.m. to
protective of public health and welfare and label it as ‘‘Confidential Business 2:30 p.m. and Tuesday, December 15,
as applicable federal standards, and Information’’ (CBI). If a person making 2015 from 4:30 p.m. to 5:30 p.m.
whether the enforcement procedures are comments wants EPA to base its Members of the public are encouraged
consistent with section 202(a).13 decision on a submission labeled as CBI, to provide comments relevant to the
then a non-confidential version of the topics of the meeting.
III. EPA’s Request for Comments
document that summarizes the key data For additional information about
As stated above, EPA is offering the or information should be submitted to registering to attend the meeting or to
opportunity for a public hearing, and is provide public comment, please see
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the public docket. To ensure that
requesting written comment on issues proprietary information is not ‘‘REGISTRATION’’ under
relevant to a within-the-scope analysis inadvertently placed in the public SUPPLEMENTARY INFORMATION.

11 Id. See also 78 FR 58090, 58092 (September 20,
docket, submissions containing such DATES: The NEJAC teleconference
2013).
information should be sent directly to meeting on Wednesday, December 2,
12 See 78 FR 38970, 38972 (June 28, 2013). the contact person listed above and not 2015, will begin promptly at 12:30 p.m.
13 See CAA section 209(e)(2)(A)(i) and (iii), 42 to the public docket. Information Eastern Time. The NEJAC
U.S.C. 7543(e)(2)(A) (i) and (iii). covered by a claim of confidentiality teleconference meeting on Tuesday,

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Document Created: 2015-12-14 14:00:25
Document Modified: 2015-12-14 14:00:25
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		EPA has tentatively scheduled a public hearing concerning CARB's request on January 6, 2016, at 10 a.m. ET. EPA will hold a hearing only if any party notifies EPA by December 15, 2015 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
Contact		David Dickinson, Attorney-Advisor, Transportation and Climate Division, Office of Transportation and Air Quality, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., (6405J), Washington, DC 20460. Telephone: (202) 343-9256. Fax: (202) 343-2804. Email: [email protected]
FR Citation		80 FR 71791