30608 Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices 

total estimated respondent burden 

compared with the ICR currently 

approved by OMB. 

Dated: May 16, 2014. 

Erin Collard, 

Acting Director, Collection Strategies 

Division. 

[FR Doc. 2014–12317 Filed 5–27–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9910–55–Region 1] 

2014 Annual Meeting of the Ozone 

Transport Commission 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of meeting. 

SUMMARY: The United States 

Environmental Protection Agency is 

announcing the 2014 Annual Meeting of 

the Ozone Transport Commission 

(OTC). This OTC meeting will explore 

options available for reducing groundlevel ozone precursors in a multipollutant context. The Commission will 

be evaluating potential measures and 

considering actions in areas such as 

performance standards for electric 

generating units (EGUs) on high electric 

demand days, oil and gas boilers serving 

EGUs, small natural gas boilers, 

stationary generators, energy security/ 

energy efficiency, architectural 

industrial and maintenance coatings, 

consumer products, institution 

commercial and industrial (ICI) boilers, 

vapor recovery at gas stations, large 

above ground storage tanks, seaports, 

aftermarket catalysts, lightering, and 

non-road idling. 

DATES: The meeting will be held on June 

11, 2014 starting at 9:30 a.m. and ending 

at 4:00 p.m. 

Location: The Lord Baltimore Hotel 

located at 20 W. Baltimore Street, 

Baltimore, Maryland 21201; (410) 539– 

8400. 

FOR FURTHER INFORMATION CONTACT: 

For documents and press inquiries 

contact: Ozone Transport Commission, 

444 North Capitol Street NW., Suite 322, 

Washington, DC 20001; (202) 508–3840; 

email: ozone@otcair.org; Web site: 

http://www.otcair.org. 

SUPPLEMENTARY INFORMATION: The Clean 

Air Act Amendments of 1990 contain at 

Section 184 provisions for the Control of 

Interstate Ozone Air Pollution. Section 

184(a) establishes an Ozone Transport 

Region (OTR) comprised of the States of 

Connecticut, Delaware, Maine, 

Maryland, Massachusetts, New 

Hampshire, New Jersey, New York, 

Pennsylvania, Rhode Island, Vermont, 

parts of Virginia and the District of 

Columbia. The purpose of the OTC is to 

deal with ground-level ozone formation, 

transport, and control within the OTR. 

Type of Meeting: Open. 

Agenda: Copies of the final agenda 

will be available from the OTC office 

(202) 508–3840; by email: 

ozone@otcair.org or via the OTC Web 

site at http://www.otcair.org. 

Dated: May 22, 2014. 

H. Curtis Spalding, 

Regional Administrator, Region I. 

[FR Doc. 2014–12337 Filed 5–27–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9911–32–OAR] 

California State Nonroad Engine 

Pollution Control Standards; Mobile 

Cargo Handling Equipment at Ports 

and Intermodal Rail Yards Regulation; 

Request for Within-the-Scope and Full 

Authorization; Opportunity for Public 

Hearing and Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The California Air Resources 

Board (CARB) has notified the 

Environmental Protection Agency (EPA) 

that it has adopted amendments to its 

Mobile Cargo Handling Equipment at 

Ports and Intermodal Rail Yards 

regulation (CHE amendments). By letter 

dated May 16, 2013, CARB asked that 

EPA authorize these amendments 

pursuant to the Clean Air Act. CARB 

seeks confirmation that certain of the 

amendments are within the scope of a 

prior authorization issued by EPA, and 

that certain of the amendments require 

and merit a full authorization. This 

notice announces that EPA has 

tentatively scheduled a public hearing 

to consider California’s request for 

authorization of the CHE amendments, 

and that EPA is now accepting written 

comment on the request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on June 19, 2014, at 10 a.m. ET. 

EPA will hold a hearing only if any 

party notifies EPA by June 9, 2014 to 

express interest in presenting the 

Agency with oral testimony. Parties 

wishing to present oral testimony at the 

public hearing should provide written 

notice to David Dickinson at the email 

address noted below. If EPA receives a 

request for a public hearing, that hearing 

will be held at 1310 L Street NW., 

Washington, DC 20005. If EPA does not 

receive a request for a public hearing, 

then EPA will not hold a hearing, and 

will instead consider CARB’s request 

based on written submissions to the 

docket. Any party may submit written 

comments until July 21, 2014. 

Any person who wishes to know 

whether a hearing will be held may call 

David Dickinson at (202) 343–9256 on 

or after June 13, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2014–0060, by one of the 

following methods: Online at http:// 

www.regulations.gov: Follow the Online 

Instructions for Submitting Comments. 

• Email: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2014– 

0060, U.S. Environmental Protection 

Agency, Mail code: 6102T, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. Please include a total of two 

copies. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC 20460. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Online Instructions for Submitting 

Comments: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2014– 

0060. EPA’s policy is that all comments 

we receive will be included in the 

public docket without change and may 

be made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

www.regulations.gov, your email 

address will automatically be captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices 30609 

1The federal term ‘‘nonroad’’ and the California 

term ‘‘off-road’’ are used interchangeably. 

2 77 FR 9916 (February 21, 2012). 

3CARB, ‘‘Resolution 11–30,’’ September 22, 2011; 

CARB, ‘‘Executive Order R–12–009,’’ August 2, 

2012. 

4CARB, ‘‘Final Regulation Order for title 13, 

California Code of Regulations, section 2479.’’ 

5California Air Resources Board (‘‘CARB’’), 

‘‘Request for Authorization,’’ May 16, 2013. 

6 59 FR 36969 (July 20, 1994). 

7 62 FR 67733 (December 30, 1997). The 

applicable regulations are now in 40 CFR part 1074, 

subpart B, § 1074.105. 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

EPA will make available for public 

inspection materials submitted by 

CARB, written comments received from 

any interested parties, and any 

testimony given at the public hearing. 

Materials relevant to this proceeding are 

contained in the Air and Radiation 

Docket and Information Center, 

maintained in Docket ID No. EPA–HQ– 

OAR–2014–0060. Publicly available 

docket materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket in the EPA 

Headquarters Library, EPA West 

Building, Room 3334, located at 1301 

Constitution Avenue NW., Washington, 

DC. The Public Reading Room is open 

to the public on all federal government 

work days from 8:30 a.m. to 4:30 p.m.; 

generally, it is open Monday through 

Friday, excluding holidays. The 

telephone number for the Reading Room 

is (202) 566–1744. The Air and 

Radiation Docket and Information 

Center’s Web site is http://www.epa.gov/ 

oar/docket.html. The electronic mail 

(email) address for the Air and 

Radiation Docket is: a-and-rDocket@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’’ fillin box to view documents in the record. 

Although a part of the official docket, 

the public docket does not include 

Confidential Business Information 

(‘‘CBI’’) or other information whose 

disclosure is restricted by statute. 

EPA’s Office of Transportation and 

Air Quality also maintains a Web page 

that contains general information on its 

review of California waiver and 

authorization requests. Included on that 

page are links to prior waiver and 

authorization Federal Register notices. 

The page can be accessed at http:// 

www.epa.gov/otaq/cafr.htm. 

FOR FURTHER INFORMATION CONTACT: 

David Dickinson, Attorney-Advisor, 

Compliance Division, Office of 

Transportation and Air Quality, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue (6405J) NW., 

Washington, DC 20460. Telephone: 

(202) 343–9256. Fax: (202) 343–2804. 

Email: Dickinson.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. California’s CHE Regulation, Prior 

Authorization, Within-the-Scope 

Request, and New Request 

CARB formally approved its original 

CHE regulation on December 31, 2006. 

The regulation applied to newly 

purchased, leased, or rented on- and offroad motor vehicles and equipment, as 

well as to in-use on- and off-road motor 

vehicles and equipment with 

compression-ignition engines that 

operate at ports and intermodal rail 

yards.1 On February 21, 2012, EPA 

granted California a waiver for those 

parts of the CHE regulation establishing 

emission standards for new on-road 

motor vehicles and authorization for 

standards and other requirements 

related to the control of emissions 

affecting new and in-use nonroad 

engines.2 CARB formally adopted the 

CHE amendments on October 14, 2012,3

and they became operative under 

California law on that date. The CHE 

amendments are codified at title 13, 

California Code of Regulations, section 

2479.4

By letter dated May 16, 2013, CARB 

submitted a request to EPA pursuant to 

section 209(e) of the Clean Air Act (CAA 

or the Act), regarding authorization of 

its CHE amendments.5 The CHE 

amendments modify certain retrofit, 

operational, and compliance 

requirements; strengthen certain 

emission standards; and address 

definitions, and other clarifying 

language. CARB seeks EPA’s 

confirmation that certain CHE 

amendments fall within the scope of 

EPA’s February 2012 authorization, 

pursuant to section 209(e) of the Clean 

Air Act, and a full authorization for 

other CHE amendments. Those CHE 

amendments for which CARB seeks 

within-the-scope confirmation are 

related to compliance flexibility and 

reduced compliance costs and include: 

Modification to retrofit requirements 

and operational practices; 

demonstration of emissions equivalency 

for alternative technology; and 

modification of certain compliance 

requirements. CARB seeks a full 

authorization for the CHE amendments 

related to new, more stringent 

requirements and include: A new 

opacity based monitoring program for 

in-use nonroad vehicles and equipment; 

and, a new retrofit requirement for 

engines meeting the Tier 4 Family 

Emissions Limit standards. 

II. Clean Air Act Nonroad Engine and 

Vehicle Authorizations 

Section 209(e)(1) of the CAA prohibits 

states and local governments from 

adopting or attempting to enforce any 

standard or requirement relating to the 

control of emissions from new nonroad 

vehicles or engines. The Act also 

preempts states from adopting and 

enforcing standards and other 

requirements related to the control of 

emissions from non-new nonroad 

engines or vehicles. Section 209(e)(2), 

however, requires the Administrator, 

after notice and opportunity for public 

hearing, to authorize California to 

enforce such standards and other 

requirements, unless EPA makes one of 

three findings. In addition, other states 

with air quality attainment plans may 

adopt and enforce such regulations if 

the standards, and implementation and 

enforcement procedures, are identical to 

California’s standards. On July 20, 1994, 

EPA promulgated a rule that sets forth, 

among other things, regulations 

providing the criteria, as found in 

section 209(e)(2), that EPA must 

consider before granting any California 

authorization request for new nonroad 

engine or vehicle emission standards.6

EPA revised these regulations in 1997.7

The authorization criteria are (1) 

whether California’s protectiveness 

determination that its standards, in the 

aggregate, are at least as protective of 

public health and welfare as comparable 

federal standards is arbitrary and 

capricious; (2) California does not need 

such standards to meet compelling and 

extraordinary conditions; or (3) The 

California standards and accompanying 

enforcement procedures are not 

consistent with section 209 of the Act. 

As stated in the preamble to the 1994 

rule, EPA has historically interpreted 

the section 209(e)(2)(iii) ‘‘consistency’’ 

inquiry to require, at minimum, that 

California standards and enforcement 

procedures be consistent with section 

209(a), section 209(e)(1), and section 


emcdonald on DSK67QTVN1PROD with NOTICES
30610 Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices 

8 59 FR 36969 (July 20, 1994). 

209(b)(1)(C) (as EPA has interpreted that 

subsection in the context of section 

209(b) motor vehicle waivers).8

In order to be consistent with section 

209(a), California’s nonroad standards 

and enforcement procedures must not 

apply to new motor vehicles or new 

motor vehicle engines. To be consistent 

with section 209(e)(1), California’s 

nonroad standards and enforcement 

procedures must not attempt to regulate 

engine categories that are permanently 

preempted from state regulation. To 

determine consistency with section 

209(b)(1)(C), EPA typically reviews 

nonroad authorization requests under 

the same ‘‘consistency’’ criteria that are 

applied to motor vehicle waiver 

requests. Pursuant to section 

209(b)(1)(C), the Administrator shall not 

grant California a motor vehicle waiver 

if she finds that California ‘‘standards 

and accompanying enforcement 

procedures are not consistent with 

section 202(a)’’ of the Act. Previous 

decisions granting waivers and 

authorizations have noted that state 

standards and enforcement procedures 

are inconsistent with section 202(a) if: 

(1) There is inadequate lead time to 

permit the development of the necessary 

technology giving appropriate 

consideration to the cost of compliance 

within that time, or (2) the federal and 

state testing procedures impose 

inconsistent certification requirements. 

If California amends regulations that 

EPA has already authorized, California 

can seek EPA confirmation that the 

amendments are within the scope of the 

previous authorization. A within-thescope confirmation, without a full 

authorization review, is permissible if 

three conditions are met. First, the 

amended regulations must not 

undermine California’s determination 

that its standards, in the aggregate, are 

as protective of public health and 

welfare as applicable federal standards. 

Second, the amended regulations must 

not affect consistency with section 

202(a) of the Act. Third, the amended 

regulations must not raise any ‘‘new 

issues’’ affecting EPA’s prior 

authorizations. 

III. EPA’s Request for Comments 

As stated above, EPA is offering the 

opportunity for a public hearing, and is 

requesting written comment on issues 

relevant to a within-the-scope analysis 

pertaining to CARB’s amendments 

affecting compliance flexibility and 

reduced compliance costs. Specifically, 

we request comment on whether 

California’s CHE amendments: (1) 

Undermine California’s previous 

determination that its standards, in the 

aggregate, are at least as protective of 

public health and welfare as comparable 

federal standards; (2) affect the 

consistency of California’s requirements 

with section 209 of the Act; or (3) raise 

any other new issues affecting EPA’s 

previous waiver or authorization 

determinations. 

Should any party believe that the 

amendments noted above are not within 

the scope of the previous authorization, 

EPA also requests comment on whether 

the CARB CHE amendments meet the 

criteria for a full authorization. 

Specifically, we request comment on: (a) 

Whether CARB’s determination that its 

standards, in the aggregate, are at least 

as protective of public health and 

welfare as applicable federal standards 

is arbitrary and capricious, (b) whether 

California needs such standards to meet 

compelling and extraordinary 

conditions, and (c) whether California’s 

standards and accompanying 

enforcement procedures are consistent 

with section 209 of the Act. 

EPA also requests comment on 

whether the CHE amendments, for 

which CARB seeks a full authorization, 

meet the criteria of section 209(e) for a 

full authorization. 

IV. Procedures for Public Participation 

If a hearing is held, the Agency will 

make a verbatim record of the 

proceedings. Interested parties may 

arrange with the reporter at the hearing 

to obtain a copy of the transcript at their 

own expense. Regardless of whether a 

public hearing is held, EPA will keep 

the record open until July 21, 2014. 

Upon expiration of the comment period, 

the Administrator will render a decision 

on CARB’s request based on the record 

from the public hearing (if a hearing is 

conducted), all relevant written 

submissions, and other information that 

she deems pertinent. All information 

will be available for inspection at the 

EPA Air Docket No. EPA–HQ–OAR– 

2014–0060. 

Persons with comments containing 

proprietary information must 

distinguish such information from other 

comments to the greatest extent possible 

and label it as ‘‘Confidential Business 

Information’’ (‘‘CBI’’). If a person 

making comments wants EPA to base its 

decision on a submission labeled as CBI, 

then a non-confidential version of the 

document that summarizes the key data 

or information should be submitted to 

the public docket. To ensure that 

proprietary information is not 

inadvertently placed in the public 

docket, submissions containing such 

information should be sent directly to 

the contact person listed above and not 

to the public docket. Information 

covered by a claim of confidentiality 

will be disclosed by EPA only to the 

extent allowed, and according to the 

procedures set forth in 40 CFR Part 2. 

If no claim of confidentiality 

accompanies the submission when EPA 

receives it, EPA will make it available 

to the public without further notice to 

the person making comments. 

Dated: May 15, 2014. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2014–12009 Filed 5–27–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9911–34–OAR] 

California State Nonroad Engine 

Pollution Control Standards; Small OffRoad Engines Regulation; Request for 

Within-the-Scope and Full 

Authorization; Opportunity for Public 

Hearing and Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The California Air Resources 

Board (CARB) has notified the 

Environmental Protection Agency (EPA) 

that it has adopted amendments to its 

spark-ignited (SI) Small Off-Road 

Engines (SORE) regulation (2008 SORE 

amendments). By letter dated December 

2, 2013, ARB asked that EPA authorize 

these amendments pursuant to section 

the Clean Air Act. CARB seeks 

confirmation that the amendments are 

within the scope of a prior authorization 

issued by EPA, or, in the alternative, 

that the amendments merit full 

authorization. This notice announces 

that EPA has tentatively scheduled a 

public hearing to consider California’s 

authorization request for the 2008 SORE 

amendments, and that EPA is now 

accepting written comment on the 

request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on June 19, 2014, at 10 a.m. ET. 

EPA will hold a hearing only if any 

party notifies EPA by June 9, 2014 to 

express interest in presenting the agency 

with oral testimony. Parties wishing to 

present oral testimony at the public 

hearing should provide written notice to 

David Dickinson at the email address 

noted below. If EPA receives a request 

for a public hearing, that hearing will be 

held at 1310 L Street NW., Washington, 

DC 20005. If EPA does not receive a 


emcdonald on DSK67QTVN1PROD with NOTICES