81_FR_52831 81 FR 52678 - California State Motor Vehicle Pollution Control Standards; Amendments to On-Highway Heavy-Duty Vehicle In-Use Compliance Program, Amendments to 2007 and Subsequent Model Year On-Highway Heavy-Duty Engines and Vehicles, and Amendments to Truck Requirements; Request for Waiver of Preemption; Opportunity for Public Hearing and Public Comment

81 FR 52678 - California State Motor Vehicle Pollution Control Standards; Amendments to On-Highway Heavy-Duty Vehicle In-Use Compliance Program, Amendments to 2007 and Subsequent Model Year On-Highway Heavy-Duty Engines and Vehicles, and Amendments to Truck Requirements; Request for Waiver of Preemption; Opportunity for Public Hearing and Public Comment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 153 (August 9, 2016)

Page Range52678-52680
FR Document2016-18897

The California Air Resources Board (CARB) has notified EPA that it has adopted a series of amendments to its on-highway heavy-duty vehicle and engine regulations. The amendments to CARB's in-use compliance program align CARB's program with EPA's program in terms of measurement allowances during on-road testing (In-Use Amendments). The amendments to CARB's 2007 and subsequent model year (MY) regulation (2007 Amendments) are minor technical amendments regarding mathematical expression of emission results and certain compliance flexibilities. The amendments to CARB's truck idling requirements (Truck Idling Amendments) clarify that certain vehicles are exempt from the new vehicle requirements. By letter dated January 27, 2016, CARB submitted a request that EPA grant a full waiver of preemption under section 209(b) of the Clean Air Act (CAA), 42 U.S.C. 7543(b) for the In-Use Amendments. CARB separately seeks EPA's confirmation that the 2007 Amendments and the Truck Idling Amendments are within the scope of prior EPA waiver decisions. This notice announces that EPA has scheduled a public hearing concerning California's request and that EPA is accepting written comment on the request.

Federal Register, Volume 81 Issue 153 (Tuesday, August 9, 2016)
[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Notices]
[Pages 52678-52680]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18897]


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ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-9950-45-OAR]


California State Motor Vehicle Pollution Control Standards; 
Amendments to On-Highway Heavy-Duty Vehicle In-Use Compliance Program, 
Amendments to 2007 and Subsequent Model Year On-Highway Heavy-Duty 
Engines and Vehicles, and Amendments to Truck Requirements; Request for 
Waiver of Preemption; Opportunity for Public Hearing and Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing and comment.

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

SUMMARY: The California Air Resources Board (CARB) has notified EPA 
that it has adopted a series of amendments to its on-highway heavy-duty 
vehicle and engine regulations. The amendments to CARB's in-use 
compliance program align CARB's program with EPA's program in terms of 
measurement allowances during on-road testing (In-Use Amendments). The 
amendments to CARB's 2007 and subsequent model year (MY) regulation 
(2007 Amendments) are minor technical amendments regarding mathematical 
expression of emission results and certain compliance flexibilities. 
The amendments to CARB's truck idling requirements (Truck Idling 
Amendments) clarify that certain vehicles are exempt from the new 
vehicle requirements. By letter dated January 27, 2016, CARB submitted 
a

[[Page 52679]]

request that EPA grant a full waiver of preemption under section 209(b) 
of the Clean Air Act (CAA), 42 U.S.C. 7543(b) for the In-Use 
Amendments. CARB separately seeks EPA's confirmation that the 2007 
Amendments and the Truck Idling Amendments are within the scope of 
prior EPA waiver decisions. This notice announces that EPA has 
scheduled a public hearing concerning California's request and that EPA 
is accepting written comment on the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's 
request on September 28, 2016, at 10 a.m. EPA will hold a hearing only 
if any party notifies EPA by September 21, 2016 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 November 1, 2016.
    Any person who wishes to know whether a hearing will be held may 
call David Dickinson at (202) 343-9256 on or after September 21, 2016.

ADDRESSES: EPA will make available for in person inspection, at the Air 
and Radiation Docket and Information Center, written comments received 
from interested parties, in addition to any testimony given at the 
public hearing. The official public docket is the collection of 
materials that is available for public viewing at the Air and Radiation 
Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 
Constitution Ave. NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8:30 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 Air and 
Radiation Docket is (202) 566-1743. The reference number for this 
docket is EPA-HQ-OAR-2016-0017.
    EPA will make available an electronic copy of this Notice on the 
Office of Transportation and Air Quality's (OTAQ's) homepage (http://www.epa.gov/otaq/). Users can find this document by accessing the OTAQ 
homepage and looking at the path entitled ``Regulations.'' This service 
is free of charge, except any cost you already incur for Internet 
connectivity. Users can also get the official Federal Register version 
of the Notice on the day of publication on the primary Web site: 
(http://www.epa.gov/docs/fedrgstr/EPA-AIR/).
    Please note that due to differences between the software used to 
develop the documents and the software into which the documents may be 
downloaded, changes in format, page length, etc., may occur.

FOR FURTHER INFORMATION CONTACT: David Dickinson (6405J), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460. Telephone: (202) 343-9256, Fax: (202) 343-2804, 
email address: [email protected].

For Obtaining and Submitting Electronic Copies of Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2016-
0017, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: [email protected]
     Fax: (202) 343-2804.
     Mail: U.S. Environmental Protection Agency, EPA West (Air 
Docket), 1200 Pennsylvania Ave. NW., Room B108, Mail Code 6102T, 
Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2016-0017. 
Please include a total of two copies.
     Hand Delivery: EPA Docket Center, EPA/DC, EPA West, Room 
B102, 1301 Constitution Ave. NW., Washington, DC. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information. Instructions: Direct your comments to Docket ID No EPA-HQ-
OAR-2016-0017.
    EPA's policy is that all comments received 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 be automatically 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. Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy.

SUPPLEMENTARY INFORMATION:

(A) CARB's Waiver Request and Within-the-Scope Request

    CARB's January 27, 2016, letter to the Administrator presents EPA 
with CARB's series of amendments related to the control of emissions 
from California on-road medium- and heavy-duty engines and vehicles. 
The In-Use Amendments include amendments adopted by CARB in 2011 that 
allow a measurement allowance of 0.006 grams per brake horsepower-hour 
(g/bhp-hr) when using portable emission measurement systems (PEMS) for 
on-road in-use testing of heavy-duty vehicles. The 2007 Amendments are 
minor technical amendments regarding mathematical expression of 
emission results and certain compliance flexibilities. These amendments 
specify the NOx emission standards to the correct number of significant 
digits (e.g. 0.2 g/bhp-hr is now expressed as 0.20 g/bhp-hr for NOx). 
The 2007 Amendments also make corrections to the formaldehyde standards 
for medium-duty diesel vehicles, harmonize labeling requirements with 
EPA's requirements, maintain consistency with deterioration factors 
between CARB and EPA, and provide manufacturers with certain compliance 
flexibilities for the 2007 through 2009 model years. The Truck Idling 
Amendments clarify that new

[[Page 52680]]

engine provisions do not apply to armored cars and workover rigs.\1\
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    \1\ A further description of the CARB amendments can be found in 
CARB's Waiver Support document in docket EPA-HQ-OAR-2016-0017.
---------------------------------------------------------------------------

(B) Scope of Preemption and Criteria for a Waiver Under the Clean Air 
Act

    Section 209(a) of the Clean Air Act, as amended (``Act''), 42 
U.S.C. 7543(a), provides:

    No state or any political subdivision thereof shall adopt or 
attempt to enforce any standard relating to the control of emissions 
from new motor vehicles or new motor vehicle engines subject to this 
part. No state shall require certification, inspection or any other 
approval relating to the control of emissions from any new motor 
vehicle or new motor vehicle engine as condition precedent to the 
initial retail sale, titling (if any), or registration of such motor 
vehicle, motor vehicle engine, or equipment.

    Section 209(b) of the Act requires the Administrator, after notice 
and opportunity for public hearing, to waive application of the 
prohibitions of section 209(a) for any state that has adopted standards 
(other than crankcase emission standards) for the control of emissions 
from new motor vehicles or new motor vehicle engines prior to March 30, 
1966, if the state determines that the state standards will be, in the 
aggregate, at least as protective of public health and welfare as 
applicable federal standards. California is the only state that is 
qualified to seek and receive a waiver under section 209(b). EPA must 
grant a waiver unless the Administrator finds that (A) the 
determination of the state is arbitrary and capricious, (B) the state 
does not need the state standards to meet compelling and extraordinary 
conditions, or (C) the state standards and accompanying enforcement 
procedures are not consistent with section 202(a) of the Act. Previous 
decisions granting waivers of federal preemption for motor vehicles 
have maintained that state standards are inconsistent with section 
202(a) if there is inadequate lead time to permit the development of 
the necessary technology giving appropriate consideration to the cost 
of compliance within that time period or if the federal and state test 
procedures impose inconsistent certification procedures.\2\
---------------------------------------------------------------------------

    \2\ To be consistent, the California certification procedures 
need not be identical to the federal certification procedures. 
California procedures would be inconsistent, however, if 
manufacturers would be unable to meet the state and the federal 
requirements with the same test vehicle in the course of the same 
test. See, e.g., 43 FR 32182 (July 25, 1978).
---------------------------------------------------------------------------

    If California amends regulations that were previously granted a 
waiver, EPA can confirm that the amended regulations are within the 
scope of the previously granted waiver. Such within-the-scope 
amendments are permissible without a full waiver review 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 waivers.

(C) Request for Comment

    First, EPA requests comment on whether the 2007 Amendments and the 
Truck Idling Amendments, each individually assessed, should be 
considered under the within-the-scope analysis or whether they should 
be considered under the full waiver criteria. Specifically, we request 
comment on whether the 2007 Amendments and the Truck Idling 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 202(a) of the Act, and (3) raise 
any other ``new issue'' affecting EPA's previous waiver or 
authorization determinations.
    For the In-Use Amendments and to the extent commenters believe the 
2007 Amendments or the Truck Idling Amendments should be considered 
under the full waiver criteria, EPA invites comment under the following 
three criteria: Whether (a) California's determination that its motor 
vehicle emission standards are, in the aggregate, at least as 
protective of public health and welfare as applicable federal standards 
is arbitrary and capricious, (b) California needs such standards to 
meet compelling and extraordinary conditions, and (c) California's 
standards and accompanying enforcement procedures are consistent with 
section 202(a) of the Clean Air Act.

Procedures for Public Participation

    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. EPA will keep the 
record open until November 1, 2016. Upon expiration of the comment 
period, the Administrator will render a decision on CARB's request 
based on the record of the public hearing, relevant written 
submissions, and other information that she deems pertinent.
    Persons with comments containing proprietary information must 
distinguish such information from other comments to the greatest 
possible extent and label it as ``Confidential Business Information'' 
(CBI). If a person making comments wants EPA to base its decision in 
part on a submission labeled CBI, then a non-confidential version of 
the document that summarizes the key data or information should be 
submitted for the public docket. To ensure that proprietary information 
is not inadvertently placed in the 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 
by 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: August 4, 2016.
Christopher Grundler, Director,
Office of Transportation and Air Quality, Office of Air and Radiation.
[FR Doc. 2016-18897 Filed 8-8-16; 8:45 am]
BILLING CODE 6560-50-P



                                                    52678                         Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices

                                                    10 LLC, Emera Maine, Rumford Power                         Filed Date: 8/1/16.                                   Any person desiring to intervene or
                                                    Inc., Tampa Electric Company, Tiverton                     Accession Number: 20160801–5062.                   protest in any of the above proceedings
                                                    Power LLC.                                                 Comments Due: 5 p.m. ET 8/22/16.                   must file in accordance with Rules 211
                                                      Description: Notice of Change in                         Docket Numbers: ER16–2334–000.                     and 214 of the Commission’s
                                                    Status of the Emera Entities, et al.                       Applicants: Emera Energy U.S.                      Regulations (18 CFR 385.211 and
                                                      Filed Date: 8/1/16.                                   Subsidiary No. 2, Inc.                                385.214) on or before 5:00 p.m. Eastern
                                                      Accession Number: 20160801–5061.                         Description: § 205(d) Rate Filing:                 time on the specified comment date.
                                                      Comments Due: 5 p.m. ET 8/22/16.                      Amend Market-Based Rate Tariff to be                  Protests may be considered, but
                                                      Docket Numbers: ER11–2855–021;                        effective 7/1/2016.                                   intervention is necessary to become a
                                                    ER11–2856–021; ER11–2857–021;                              Filed Date: 8/1/16.                                party to the proceeding.
                                                    ER10–2488–013; ER10–2722–006;                              Accession Number: 20160801–5063.                      eFiling is encouraged. More detailed
                                                    ER10–2787–005; ER12–2037–007;                              Comments Due: 5 p.m. ET 8/22/16.                   information relating to filing
                                                    ER10–2532–007; ER13–343–006; ER13–                         Docket Numbers: ER16–2335–000.                     requirements, interventions, protests,
                                                    342–011.                                                   Applicants: Emera Energy Services                  service, and qualifying facilities filings
                                                      Applicants: Avenal Park LLC, Sand                     Subsidiary No. 1 LLC.                                 can be found at: http://www.ferc.gov/
                                                    Drag LLC, Sun City Project LLC, Oasis                      Description: § 205(d) Rate Filing:                 docs-filing/efiling/filing-req.pdf. For
                                                    Power Partners, LLC, Eurus Combine                      Amend Market-Based Rate Tariff to be                  other information, call (866) 208–3676
                                                    Hills I LLC, Eurus Combine Hills II LLC,                effective 7/1/2016.                                   (toll free). For TTY, call (202) 502–8659.
                                                    Crescent Ridge LLC, Spearville 3, LLC,                     Filed Date: 8/1/16.                                  Dated: August 1, 2016.
                                                    CPV Maryland, LLC, CPV Shore, LLC.                         Accession Number: 20160801–5066.                   Nathaniel J. Davis, Sr.,
                                                      Description: Notice of Non-Material                      Comments Due: 5 p.m. ET 8/22/16.                   Deputy Secretary.
                                                    Change in Status of the Eurus MBR                          Docket Numbers: ER16–2336–000.                     [FR Doc. 2016–18798 Filed 8–8–16; 8:45 am]
                                                    Affiliates, et al.                                         Applicants: Emera Energy Services                  BILLING CODE 6717–01–P
                                                      Filed Date: 7/29/16.                                  Subsidiary No. 2 LLC.
                                                      Accession Number: 20160729–5274.                         Description: § 205(d) Rate Filing:
                                                      Comments Due: 5 p.m. ET 8/19/16.                      Amend Market-Based Rate Tariff to be                  ENVIRONMENTAL PROTECTION
                                                      Docket Numbers: ER16–2328–000.                        effective 7/1/2016.                                   AGENCY
                                                      Applicants: New England Power                            Filed Date: 8/1/16.
                                                    Company.                                                   Accession Number: 20160801–5067.                   [AMS–FRL–9950–45–OAR]
                                                      Description: § 205(d) Rate Filing: New                   Comments Due: 5 p.m. ET 8/22/16.
                                                                                                                                                                  California State Motor Vehicle
                                                    England Power—Facilities Use                               Docket Numbers: ER16–2337–000.
                                                                                                                                                                  Pollution Control Standards;
                                                    Agreement with Deepwater Block Island                      Applicants: Emera Energy Services
                                                                                                                                                                  Amendments to On-Highway Heavy-
                                                    Wind to be effective 7/28/2016.                         Subsidiary No. 3 LLC.
                                                                                                                                                                  Duty Vehicle In-Use Compliance
                                                      Filed Date: 7/29/16.                                     Description: § 205(d) Rate Filing:
                                                                                                                                                                  Program, Amendments to 2007 and
                                                      Accession Number: 20160729–5228.                      Amend Market-Based Rate Tariff to be
                                                                                                                                                                  Subsequent Model Year On-Highway
                                                      Comments Due: 5 p.m. ET 8/19/16.                      effective 7/1/2016.
                                                                                                                                                                  Heavy-Duty Engines and Vehicles, and
                                                      Docket Numbers: ER16–2329–000.                           Filed Date: 8/1/16.
                                                                                                                                                                  Amendments to Truck Requirements;
                                                      Applicants: PacifiCorp.                                  Accession Number: 20160801–5069.
                                                                                                               Comments Due: 5 p.m. ET 8/22/16.                   Request for Waiver of Preemption;
                                                      Description: Tariff Cancellation:                                                                           Opportunity for Public Hearing and
                                                    Termination of Clatskanie PUD E&P                          Take notice that the Commission                    Public Comment
                                                    Agreement ? Troutdale Sub to be                         received the following electric securities
                                                    effective 10/3/2016.                                    filings:                                              AGENCY:  Environmental Protection
                                                      Filed Date: 7/29/16.                                     Docket Numbers: ES16–49–000.                       Agency (EPA).
                                                      Accession Number: 20160729–5230.                         Applicants: New England Power                      ACTION: Notice of opportunity for public
                                                      Comments Due: 5 p.m. ET 8/19/16.                      Company.                                              hearing and comment.
                                                      Docket Numbers: ER16–2330–000.                           Description: Application of New
                                                                                                                                                                  SUMMARY:   The California Air Resources
                                                      Applicants: Southwest Power Pool,                     England Power Company under Section
                                                                                                                                                                  Board (CARB) has notified EPA that it
                                                    Inc.                                                    204 of the Federal Power Act for
                                                                                                                                                                  has adopted a series of amendments to
                                                      Description: Petition of Southwest                    Authorization to Issue Securities.
                                                                                                                                                                  its on-highway heavy-duty vehicle and
                                                    Power Pool, Inc. for Tariff Waiver.                        Filed Date: 7/29/16.
                                                                                                                                                                  engine regulations. The amendments to
                                                      Filed Date: 7/29/16.                                     Accession Number: 20160729–5275.
                                                                                                                                                                  CARB’s in-use compliance program
                                                      Accession Number: 20160729–5284.                         Comments Due: 5 p.m. ET 8/19/16.
                                                                                                                                                                  align CARB’s program with EPA’s
                                                      Comments Due: 5 p.m. ET 8/19/16.                         Take notice that the Commission                    program in terms of measurement
                                                      Docket Numbers: ER16–2332–000.                        received the following public utility                 allowances during on-road testing (In-
                                                      Applicants: Emera Maine.                              holding company filings:                              Use Amendments). The amendments to
                                                      Description: § 205(d) Rate Filing:                       Docket Numbers: PH16–10–000.                       CARB’s 2007 and subsequent model
                                                    Amend Market-Based Rate Tariff to be                       Applicants: Southern Company Gas.                  year (MY) regulation (2007
                                                    effective 7/1/2016.                                        Description: Southern Company Gas                  Amendments) are minor technical
                                                      Filed Date: 8/1/16.                                   submits FERC 65–A Exemption                           amendments regarding mathematical
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                                                      Accession Number: 20160801–5060.                      Notification.                                         expression of emission results and
                                                      Comments Due: 5 p.m. ET 8/22/16.                         Filed Date: 7/29/16.                               certain compliance flexibilities. The
                                                      Docket Numbers: ER16–2333–000.                           Accession Number: 20160729–5240.                   amendments to CARB’s truck idling
                                                      Applicants: Emera Energy U.S.                            Comments Due: 5 p.m. ET 8/19/16.                   requirements (Truck Idling
                                                    Subsidiary No. 1, Inc.                                     The filings are accessible in the                  Amendments) clarify that certain
                                                      Description: § 205(d) Rate Filing:                    Commission’s eLibrary system by                       vehicles are exempt from the new
                                                    Amend Market-Based Rate Tariffs to be                   clicking on the links or querying the                 vehicle requirements. By letter dated
                                                    effective 7/1/2016.                                     docket number.                                        January 27, 2016, CARB submitted a


                                               VerDate Sep<11>2014   20:00 Aug 08, 2016   Jkt 238001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1


                                                                                  Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices                                           52679

                                                    request that EPA grant a full waiver of                 entitled ‘‘Regulations.’’ This service is             comment. If you send an email
                                                    preemption under section 209(b) of the                  free of charge, except any cost you                   comment directly to EPA without going
                                                    Clean Air Act (CAA), 42 U.S.C. 7543(b)                  already incur for Internet connectivity.              through http://www.regulations.gov
                                                    for the In-Use Amendments. CARB                         Users can also get the official Federal               your email address will be
                                                    separately seeks EPA’s confirmation that                Register version of the Notice on the                 automatically captured and included as
                                                    the 2007 Amendments and the Truck                       day of publication on the primary Web                 part of the comment that is placed in the
                                                    Idling Amendments are within the                        site: (http://www.epa.gov/docs/fedrgstr/              public docket and made available on the
                                                    scope of prior EPA waiver decisions.                    EPA-AIR/).                                            Internet. If you submit an electronic
                                                    This notice announces that EPA has                         Please note that due to differences
                                                                                                                                                                  comment, EPA recommends that you
                                                    scheduled a public hearing concerning                   between the software used to develop
                                                                                                                                                                  include your name and other contact
                                                    California’s request and that EPA is                    the documents and the software into
                                                                                                            which the documents may be                            information in the body of your
                                                    accepting written comment on the
                                                                                                            downloaded, changes in format, page                   comment and with any disk or CD–ROM
                                                    request.
                                                                                                            length, etc., may occur.                              you submit. If EPA cannot read your
                                                    DATES: EPA has tentatively scheduled a                                                                        comment due to technical difficulties
                                                    public hearing concerning CARB’s                        FOR FURTHER INFORMATION CONTACT:
                                                                                                            David Dickinson (6405J), U.S.                         and cannot contact you for clarification,
                                                    request on September 28, 2016, at 10                                                                          EPA may not be able to consider your
                                                    a.m. EPA will hold a hearing only if any                Environmental Protection Agency, 1200
                                                                                                            Pennsylvania Ave. NW., Washington,                    comment. Electronic files should avoid
                                                    party notifies EPA by September 21,                                                                           the use of special characters, any form
                                                    2016 to express interest in presenting                  DC 20460. Telephone: (202) 343–9256,
                                                                                                            Fax: (202) 343–2804, email address:                   of encryption, and be free of any defects
                                                    the Agency with oral testimony. Parties
                                                                                                            Dickinson.David@EPA.GOV.                              or viruses. Docket: All documents in the
                                                    wishing to present oral testimony at the
                                                                                                                                                                  docket are listed in the http://
                                                    public hearing should provide written                   For Obtaining and Submitting
                                                    notice to David Dickinson at the email                                                                        www.regulations.gov index. Although
                                                                                                            Electronic Copies of Comments                         listed in the index, some information is
                                                    address noted below. If EPA receives a
                                                                                                               Submit your comments, identified by                not publicly available, e.g., CBI or other
                                                    request for a public hearing, that hearing
                                                                                                            Docket ID No. EPA–HQ–OAR–2016–                        information whose disclosure is
                                                    will be held at the William Jefferson
                                                                                                            0017, by one of the following methods:                restricted by statute. Certain other
                                                    Clinton Building (North), Room 5528 at                     • http://www.regulations.gov: Follow
                                                    1200 Pennsylvania Ave. NW.,                                                                                   material, such as copyrighted material,
                                                                                                            the on-line instructions for submitting               will be publicly available only in hard
                                                    Washington, DC 20460. If EPA does not                   comments.
                                                    receive a request for a public hearing,                                                                       copy.
                                                                                                               • Email: dickinson.david@epa.gov
                                                    then EPA will not hold a hearing, and                      • Fax: (202) 343–2804.                             SUPPLEMENTARY INFORMATION:
                                                    instead will consider CARB’s request                       • Mail: U.S. Environmental
                                                    based on written submissions to the                     Protection Agency, EPA West (Air                      (A) CARB’s Waiver Request and
                                                    docket. Any party may submit written                    Docket), 1200 Pennsylvania Ave. NW.,                  Within-the-Scope Request
                                                    comments until November 1, 2016.                        Room B108, Mail Code 6102T,
                                                       Any person who wishes to know                                                                                 CARB’s January 27, 2016, letter to the
                                                                                                            Washington, DC 20460, Attention
                                                    whether a hearing will be held may call                 Docket ID No. EPA–HQ–OAR–2016–                        Administrator presents EPA with
                                                    David Dickinson at (202) 343–9256 on                    0017. Please include a total of two                   CARB’s series of amendments related to
                                                    or after September 21, 2016.                            copies.                                               the control of emissions from California
                                                    ADDRESSES: EPA will make available for                     • Hand Delivery: EPA Docket Center,                on-road medium- and heavy-duty
                                                    in person inspection, at the Air and                    EPA/DC, EPA West, Room B102, 1301                     engines and vehicles. The In-Use
                                                    Radiation Docket and Information                        Constitution Ave. NW., Washington,                    Amendments include amendments
                                                    Center, written comments received from                  DC. Such deliveries are only accepted                 adopted by CARB in 2011 that allow a
                                                    interested parties, in addition to any                  during the Docket’s normal hours of                   measurement allowance of 0.006 grams
                                                    testimony given at the public hearing.                  operation, and special arrangements                   per brake horsepower-hour (g/bhp-hr)
                                                    The official public docket is the                       should be made for deliveries of boxed                when using portable emission
                                                    collection of materials that is available               information. Instructions: Direct your                measurement systems (PEMS) for on-
                                                    for public viewing at the Air and                       comments to Docket ID No EPA–HQ–                      road in-use testing of heavy-duty
                                                    Radiation Docket in the EPA Docket                      OAR–2016–0017.                                        vehicles. The 2007 Amendments are
                                                    Center, (EPA/DC) EPA West, Room                            EPA’s policy is that all comments                  minor technical amendments regarding
                                                    B102, 1301 Constitution Ave. NW.,                       received will be included in the public               mathematical expression of emission
                                                    Washington, DC. The EPA Docket                          docket without change and may be                      results and certain compliance
                                                    Center Public Reading Room is open                      made available online at http://                      flexibilities. These amendments specify
                                                    from 8:30 to 4:30 p.m., Monday through                  www.regulations.gov, including any                    the NOx emission standards to the
                                                    Friday, excluding legal holidays. The                   personal information provided, unless
                                                                                                                                                                  correct number of significant digits (e.g.
                                                    telephone number for the Public                         the comment includes information
                                                                                                                                                                  0.2 g/bhp-hr is now expressed as 0.20 g/
                                                    Reading Room is (202) 566–1744, and                     claimed to be Confidential Business
                                                    the telephone number for the Air and                    Information (CBI) or other information                bhp-hr for NOx). The 2007 Amendments
                                                    Radiation Docket is (202) 566–1743. The                 whose disclosure is restricted by statute.            also make corrections to the
                                                    reference number for this docket is                     Do not submit information that you                    formaldehyde standards for medium-
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                                                    EPA–HQ–OAR–2016–0017.                                   consider to be CBI or otherwise                       duty diesel vehicles, harmonize labeling
                                                       EPA will make available an electronic                protected through http://                             requirements with EPA’s requirements,
                                                    copy of this Notice on the Office of                    www.regulations.gov or email.                         maintain consistency with deterioration
                                                    Transportation and Air Quality’s                           The http://www.regulations.gov Web                 factors between CARB and EPA, and
                                                    (OTAQ’s) homepage (http://                              site is an ‘‘anonymous access’’ system,               provide manufacturers with certain
                                                    www.epa.gov/otaq/). Users can find this                 which means EPA will not know your                    compliance flexibilities for the 2007
                                                    document by accessing the OTAQ                          identity or contact information unless                through 2009 model years. The Truck
                                                    homepage and looking at the path                        you provide it in the body of your                    Idling Amendments clarify that new


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                                                    52680                          Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices

                                                    engine provisions do not apply to                       regulations are within the scope of the               submissions, and other information that
                                                    armored cars and workover rigs.1                        previously granted waiver. Such within-               she deems pertinent.
                                                                                                            the-scope amendments are permissible                    Persons with comments containing
                                                    (B) Scope of Preemption and Criteria
                                                                                                            without a full waiver review if three                 proprietary information must
                                                    for a Waiver Under the Clean Air Act
                                                                                                            conditions are met. First, the amended                distinguish such information from other
                                                      Section 209(a) of the Clean Air Act, as               regulations must not undermine                        comments to the greatest possible extent
                                                    amended (‘‘Act’’), 42 U.S.C. 7543(a),                   California’s determination that its                   and label it as ‘‘Confidential Business
                                                    provides:                                               standards, in the aggregate, are as                   Information’’ (CBI). If a person making
                                                       No state or any political subdivision                protective of public health and welfare               comments wants EPA to base its
                                                    thereof shall adopt or attempt to enforce any           as applicable federal standards. Second,              decision in part on a submission labeled
                                                    standard relating to the control of emissions           the amended regulations must not affect               CBI, then a non-confidential version of
                                                    from new motor vehicles or new motor                    consistency with section 202(a) of the                the document that summarizes the key
                                                    vehicle engines subject to this part. No state          Act. Third, the amended regulations                   data or information should be submitted
                                                    shall require certification, inspection or any
                                                    other approval relating to the control of
                                                                                                            must not raise any ‘‘new issues’’                     for the public docket. To ensure that
                                                    emissions from any new motor vehicle or                 affecting EPA’s prior waivers.                        proprietary information is not
                                                    new motor vehicle engine as condition                                                                         inadvertently placed in the docket,
                                                                                                            (C) Request for Comment
                                                    precedent to the initial retail sale, titling (if                                                             submissions containing such
                                                    any), or registration of such motor vehicle,               First, EPA requests comment on                     information should be sent directly to
                                                    motor vehicle engine, or equipment.                     whether the 2007 Amendments and the                   the contact person listed above and not
                                                       Section 209(b) of the Act requires the               Truck Idling Amendments, each                         to the public docket. Information
                                                    Administrator, after notice and                         individually assessed, should be                      covered by a claim of confidentiality
                                                    opportunity for public hearing, to waive                considered under the within-the-scope                 will be disclosed by EPA only to the
                                                    application of the prohibitions of                      analysis or whether they should be                    extent allowed and by the procedures
                                                    section 209(a) for any state that has                   considered under the full waiver                      set forth in 40 CFR part 2. If no claim
                                                    adopted standards (other than crankcase                 criteria. Specifically, we request                    of confidentiality accompanies the
                                                    emission standards) for the control of                  comment on whether the 2007                           submission when EPA receives it, EPA
                                                    emissions from new motor vehicles or                    Amendments and the Truck Idling                       will make it available to the public
                                                    new motor vehicle engines prior to                      Amendments (1) undermine California’s                 without further notice to the person
                                                    March 30, 1966, if the state determines                 previous determination that its                       making comments.
                                                    that the state standards will be, in the                standards, in the aggregate, are at least               Dated: August 4, 2016.
                                                    aggregate, at least as protective of public             as protective of public health and                    Christopher Grundler, Director,
                                                    health and welfare as applicable federal                welfare as comparable Federal
                                                                                                                                                                  Office of Transportation and Air Quality,
                                                    standards. California is the only state                 standards, (2) affect the consistency of              Office of Air and Radiation.
                                                    that is qualified to seek and receive a                 California’s requirements with section
                                                                                                                                                                  [FR Doc. 2016–18897 Filed 8–8–16; 8:45 am]
                                                    waiver under section 209(b). EPA must                   202(a) of the Act, and (3) raise any other
                                                                                                                                                                  BILLING CODE 6560–50–P
                                                    grant a waiver unless the Administrator                 ‘‘new issue’’ affecting EPA’s previous
                                                    finds that (A) the determination of the                 waiver or authorization determinations.
                                                    state is arbitrary and capricious, (B) the                 For the In-Use Amendments and to                   ENVIRONMENTAL PROTECTION
                                                    state does not need the state standards                 the extent commenters believe the 2007                AGENCY
                                                    to meet compelling and extraordinary                    Amendments or the Truck Idling
                                                    conditions, or (C) the state standards                  Amendments should be considered                       [AMS–FRL–9950–44–OAR]
                                                    and accompanying enforcement                            under the full waiver criteria, EPA
                                                                                                                                                                  California State Motor Vehicle
                                                    procedures are not consistent with                      invites comment under the following
                                                                                                                                                                  Pollution Control Standards;
                                                    section 202(a) of the Act. Previous                     three criteria: Whether (a) California’s
                                                                                                                                                                  Greenhouse Gas Emissions From 2014
                                                    decisions granting waivers of federal                   determination that its motor vehicle
                                                                                                                                                                  and Subsequent Model Year Medium-
                                                    preemption for motor vehicles have                      emission standards are, in the aggregate,
                                                                                                                                                                  and Heavy-Duty Engines and Vehicles;
                                                    maintained that state standards are                     at least as protective of public health
                                                                                                                                                                  Request for Waiver of Preemption;
                                                    inconsistent with section 202(a) if there               and welfare as applicable federal
                                                                                                                                                                  Opportunity for Public Hearing and
                                                    is inadequate lead time to permit the                   standards is arbitrary and capricious, (b)
                                                                                                                                                                  Public Comment
                                                    development of the necessary                            California needs such standards to meet
                                                    technology giving appropriate                           compelling and extraordinary                          AGENCY:  Environmental Protection
                                                    consideration to the cost of compliance                 conditions, and (c) California’s                      Agency (EPA).
                                                    within that time period or if the federal               standards and accompanying                            ACTION: Notice of opportunity for public
                                                    and state test procedures impose                        enforcement procedures are consistent                 hearing and comment.
                                                    inconsistent certification procedures.2                 with section 202(a) of the Clean Air Act.
                                                       If California amends regulations that                                                                      SUMMARY:   The California Air Resources
                                                                                                            Procedures for Public Participation
                                                    were previously granted a waiver, EPA                                                                         Board (CARB) has notified EPA that it
                                                    can confirm that the amended                               The Agency will make a verbatim                    has adopted a greenhouse gas emission
                                                                                                            record of the proceedings. Interested                 regulation for new 2014 and subsequent
                                                      1 A further description of the CARB amendments
                                                                                                            parties may arrange with the reporter at              model year on-road medium-and heavy-
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                                                    can be found in CARB’s Waiver Support document          the hearing to obtain a copy of the                   duty engines and vehicles (California
                                                    in docket EPA–HQ–OAR–2016–0017.
                                                      2 To be consistent, the California certification      transcript at their own expense. EPA                  Phase 1 GHG Regulation). This
                                                    procedures need not be identical to the federal         will keep the record open until                       regulation aligns California’s GHG
                                                    certification procedures. California procedures         November 1, 2016. Upon expiration of                  emission standards and test procedures
                                                    would be inconsistent, however, if manufacturers        the comment period, the Administrator                 with the federal GHG emission
                                                    would be unable to meet the state and the federal
                                                    requirements with the same test vehicle in the
                                                                                                            will render a decision on CARB’s                      standards and test procedures that EPA
                                                    course of the same test. See, e.g., 43 FR 32182 (July   request based on the record of the                    adopted in 2011. By letter dated January
                                                    25, 1978).                                              public hearing, relevant written                      29, 2016, CARB submitted a request that


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Document Created: 2016-08-09 01:10:06
Document Modified: 2016-08-09 01:10:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of opportunity for public hearing and comment.
DatesEPA has tentatively scheduled a public hearing concerning CARB's request on September 28, 2016, at 10 a.m. EPA will hold a hearing only if any party notifies EPA by September 21, 2016 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
ContactDavid Dickinson (6405J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Telephone: (202) 343-9256, Fax: (202) 343-2804,
FR Citation81 FR 52678 

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