Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices 69465 

accompanying enforcement procedures 

are consistent with section 209 of the 

Act. 

VII. 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 16, 2015. 

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–2014–0798. 

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 12, 2014. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2014–27645 Filed 11–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9919–56–OAR] 

California State Nonroad Engine 

Pollution Control Standards; Small OffRoad Engines Regulations; Tier 4 OffRoad Compression-Ignition 

Regulations; Exhaust Emission 

Certification Test Fuel for Off-Road 

Spark-Ignition Engines, Equipment, 

and Vehicles Regulations; 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) regulations (2011 SORE 

amendments), Tier 4 Off-Road 

Compression-Ignition (CI) regulations 

(2011 Tier 4 amendments), and Exhaust 

Emission Certification Test Fuel for OffRoad Spark-Ignition Engines, 

Equipment, and Vehicles regulations 

(2011 Certification Test Fuel 

amendments). By letter dated June 13, 

2014, CARB asked that EPA authorize 

these amendments pursuant to section 

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

42 U.S.C. 7543(e). CARB seeks 

confirmation that the amendments are 

within the scope of prior authorizations 

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 2011 SORE 

amendments, 2011 Tier 4 amendments, 

and 2011 Certification Test Fuel 

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 14, 2015, at 10 a.m. 

ET. EPA will hold a hearing only if any 

party notifies EPA by December 15, 

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 Brenton Williams 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 5530 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 16, 2015. 

Any person who wishes to know 

whether a hearing will be held may call 

Brenton Williams at (734) 214–4341 on 

or after December 17, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2014–0535, 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– 

0535, 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– 

0535. 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 

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69466 Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices 

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

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

2 60 FR 37440 (July 20, 1995). 

3 65 FR 69763 (November 20, 2000). 

4 65 FR 69767 (November 20, 2000); 68 FR 65702 

(November 21, 2003). 

5 75 FR 8056 (February 23, 2010). 

6 71 FR 75536 (December 15, 2006). 

7The specific regulatory text for the 2008 

amendments is codified at title 13, California Code 

of Regulations (CCR), sections 2401, 2403, 2404, 

2405, 2406, 2408, 2408.1 and 2409. California’s 

Office of Administrative Law formally approved the 

rulemaking on April 5, 2010 and the regulations 

became effective on May 5, 2010. 

8See 79 FR 30610 (May 28, 2014). 

9See EPA–HQ–OAR–2014–0535–0007, 

‘‘Enclosure 5 CARB Resolution 11–41’’, and EPA– 

HQ–OAR–2014–0535–0008, ‘‘Enclosure 6 Executive 

Order R–12–005’’. 

10 Id. 

11See EPA–HQ–OAR–2014–0535–0001, ‘‘2013– 

13–14 Auth Support Document SORE 2011’’. 

12 Id.at 11. 

13 Id.at 11. 

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–2014–0535. 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’’ 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: 

Brenton Williams, Attorney-Advisor, 

Compliance Division, Office of 

Transportation and Air Quality, U.S. 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105. Telephone: (734) 214–4341. Fax: 

(734) 214–4053. Email: williams.brent@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. California’s SORE Regulations 

Small off-road engines and 

equipment 1 are rated at or below 19 

kilowatts (kW) (25 horsepower (hp)). 

The vast majority of engines covered by 

the SORE regulations are SI engines that 

are used to power a broad range of 

equipment, including lawn mowers, leaf 

blowers, generators, and small 

industrial equipment. Exhaust and 

evaporative emissions from these 

engines are a significant source of 

hydrocarbons and oxides of nitrogen, 

pollutants that contribute to smog 

problems in California. 

CARB promulgated its first SORE 

regulations in 1992 and amended them 

in 1993. EPA authorized the regulations, 

as amended, on July 5, 1995.2 CARB 

further amended these regulations in 

1994, 1995, and 1996, and EPA 

confirmed all the amendments to be 

within the scope of the prior approval 

on November 9, 2000.3 CARB again 

amended the SORE regulations in 1998, 

this time requesting within-the-scope 

determination for all but one of the 

amendments, for which full 

authorization was requested. EPA 

issued its within-the-scope 

determination on November 9, 2000, for 

these former amendments, and a full 

authorization on November 10, 2003, for 

the latter amendment.4 In 2000 and 

again in 2004, CARB amended the SORE 

regulations to more closely align with 

the federal SORE program. EPA 

confirmed that the 2000 amendments 

were within the scope of the previously 

granted SORE authorization in 

February, 2010, and also granted a full 

authorization for the 2004 amendments 

to standards and test procedures for 

certain nonroad compression ignition 

engines.5 EPA issued a full 

authorization for CARB’s 2004 

amendments to the SI SORE regulations 

on December 11, 2006.6

CARB adopted additional SORE 

amendments on November 21, 2008.7

and requested EPA authorization 

review. EPA provided opportunity for 

comment on that request 8 and is 

preparing a notice of final decision. The 

2008 SORE amendments modified the 

emission credits program to provide 

manufacturers with additional 

flexibility. Additionally, manufacturers 

were permitted to use a certification fuel 

with up to ten volume percent ethanol 

content, provided that the same fuel is 

used for certification with the EPA. 

CARB approved the 2011 SORE 

amendments at issue in this notice on 

December 16, 2011, and adopted them 

on October 25, 2012.9 The 2011 SORE 

amendments became operative on 

January 10, 2013.10 The 2011 SORE 

amendments modify California’s 

existing SORE test procedures by 

aligning California procedures to be 

consistent with recent amendments by 

EPA to the federal certification and 

exhaust emission testing requirements 

at title 40, Code of Federal Regulations 

(CFR), Parts 1054 and 1065.11 Part 1054 

contains certification protocols, 

production-line testing requirements, 

credit-generation allowances, and other 

related provisions applicable to 

federally certified engines. Since CARB 

had previously promulgated Californiaspecific versions of these provisions for 

SORE engines, the 2011 SORE 

amendments adopted Part 1054, but 

with modifications that substitute 

California’s specific emission standards, 

production-line testing requirements 

and credit-allowances for the 

corresponding federal provisions.12 Part 

1065 specifies the ‘‘state-of-the-art’’ 

testing equipment, systems, and 

processes that must be utilized in 

conducting emissions testing of 

applicable engines. The 2011 SORE 

amendments align California test 

procedures for 2013 and later model 

year engines with the requirements 

specified in Part 1065.13

By letter dated June 13, 2014, CARB 

submitted a request to EPA pursuant to 

section 209(e) of the CAA for 

authorization of its 2011 SORE 

amendments. CARB seeks EPA’s 

confirmation that the 2011 SORE 

amendments fall within the scope of 

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Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices 69467 

14EPA’s most recent authorizations for CARB’s 

SORE regulations can be found at 71 FR 75536 

(December 15, 2006) and 75 FR 8056 (February 23, 

2010). 

15See EPA–HQ–OAR–2014–0535–0001, ‘‘2013– 

13–14 Auth Support Document SORE 2011’’ at 4. 

16 Id. 

17 60 FR 37440 (July 5, 1995). 

18See EPA–HQ–OAR–2014–0535–0001, ‘‘2013– 

13–14 Auth Support Document SORE 2011’’ at 5. 

19 Id. 

20 75 FR 8056 (February 23, 2010). 

21See EPA–HQ–OAR–2014–0535–0007, 

‘‘Enclosure 5 CARB Resolution 11–41’’, and EPA– 

HQ–OAR–2014–0535–0008, ‘‘Enclosure 6 Executive 

Order R–12–005’’. 

22 Id. 

23See EPA–HQ–OAR–2014–0535–0001, ‘‘2013– 

13–14 Auth Support Document SORE 2011’’ at 12. 

24 76 FR 37977 (June 28, 2011). 

25See EPA–HQ–OAR–2014–0535–0001, ‘‘2013– 

13–14 Auth Support Document SORE 2011’’ at 13– 

18. 

26 Id. at 2. 

27See EPA–HQ–OAR–2014–0535–0001, ‘‘2013– 

13–14 Auth Support Document SORE 2011’’ at 9. 

28 Id. at 8. 

29 60 FR 37440 (July 20, 1995). 

30 65 FR 69763 (Nov. 20, 2000). 

31See EPA–HQ–OAR–2014–0535–0001, ‘‘2013– 

13–14 Auth Support Document SORE 2011’’ at 8. 

32The 2008 SORE amendments initial notice for 

public hearing and comment can be found at 79 FR 

30610 (May 28, 2014). 

33 71 FR 29623 (May 23, 2006). 

34 77 FR 20388 (April 4, 2012). 

EPA’s previous authorizations,14 or, in 

the alternate, a full authorization for 

those amendments. 

II. California’s Off-Road CI Engine 

Regulations 

Off-road CI engines are used in 

tractors, excavators, dozers, scrapers, 

portable generators, transport 

refrigeration units, irrigation pumps, 

welders, compressors, scrubbers, and 

sweepers.15 In 1992, CARB approved a 

regulation to control exhaust emissions 

from heavy-duty off-road CI engines 175 

hp and above.16 CARB requested that 

EPA grant authorization and it was 

granted in 1995.17 In 2000 and in 2004– 

2005, CARB amended or adopted 

emission standards and accompanying 

test procedures that affected three 

power categories of off road CI engines. 

The 2000 rulemaking generally 

harmonized California’s emission 

standards and test procedures to federal 

standards that EPA promulgated in 1998 

for the same nonroad CI engine 

categories (Tier 1 through Tier 3).18 The 

2004–2005 CARB rulemaking generally 

harmonized California’s Tier 4 

standards to the federal Tier 4 standards 

for these same off-road CI engines that 

EPA adopted in 2004.19 In February 

2010, EPA confirmed that the 2000 

amendments to the smallest category of 

engines (less than 19kW) were within 

the scope of the previously granted 

authorization. EPA further granted full 

authorizations for the 2004–2005 

amendments as they affected new offroad CI engines less than 19kW, and for 

the 2000 and 2004–2005 amendments as 

they affected new off-road CI engines for 

the other two power categories (19kW– 

130kW and greater than 130kW).20

CARB approved the Tier 4 

amendments at issue in this notice on 

December 16, 2011, and adopted them 

on October 25, 2012.21 The 2011 Tier 4 

amendments became operative on 

January 10, 2013.22 The 2011 Tier 4 

amendments enhance the 

harmonization of CARB’s exhaust 

emission requirements for new off-road 

CI engines with the corresponding 

federal emissions requirements for 

nonroad CI engines set forth in Parts 

1039, 1065, and 1068.23 EPA most 

recently amended these Parts in 2011.24

The 2011 Tier 4 amendments correct 

clerical errors, standardize measurement 

specifications, calibrations, and 

instrumentation, remove unnecessarily 

burdensome reporting requirements, 

and provide additional compliance 

flexibility options.25 The 2011 Tier 4 

amendments also incorporate EPA’s 

anti-stockpiling provisions, which help 

ensure the realization of projected 

emission benefits, and also establish a 

new interim Tier 4 combined 

hydrocarbon plus oxides of nitrogen 

emission standard that has the potential 

to provide additional emission 

benefits.26

By letter dated June 13, 2014, CARB 

submitted a request to EPA pursuant to 

section 209(e) of the CAA for 

authorization of its 2011 Tier 4 

amendments. CARB seeks EPA’s 

confirmation that the 2011 Tier 4 

amendments fall within the scope of 

EPA’s previous authorizations, or, in the 

alternative, a full authorization for those 

amendments. 

III. California’s Exhaust Emission 

Certification Test Fuel for Off-Road 

Spark-Ignition Engines, Equipment, and 

Vehicles Regulations 

Prior to the 2011 Certification Test 

Fuel amendments, California’s SORE 

and Large Spark Ignition (LSI) test 

procedures allowed gasoline-fueled, 

spark-ignition engines to be tested for 

compliance with certification exhaust 

standards using either Indolene or Phase 

2 California Reformulated Gasoline 

(CaRFG2) as an option to federally 

specified test fuels. Recreational marine 

engines were permitted to use CaRFG2, 

federal Indolene, or the fuel specified in 

Table 3 of Appendix A to 40 CFR Part 

91, Subpart D. Off Highway Recreational 

Vehicles (OHRV) that were categorized 

as off-road motorcycles were required to 

certify using Indolene. OHRVs that were 

categorized as go-karts and specialty 

vehicles were allowed to certify using 

either Indolene or CaRFG2, and OHRVs 

that were categorized as all-terrain 

vehicles (ATVs) were generally required 

to use Indolene, but were allowed to 

certify using CaRFG2 in some 

circumstances.27

The initial SORE regulation and the 

1993 amendments to the SORE 

regulation allowed manufacturers to 

utilize either Indolene or California 

Phase 1 fuel as test fuel for 

certification.28 EPA granted California a 

full authorization for the initial SORE 

regulation and the 1993 amendments.29

In 1994 CARB amended the SORE 

regulation to provide manufacturers the 

option to certify SORE engines using 

CaRFG2 that was consistent with the 

certification test fuel specified for onroad motor vehicles. EPA confirmed 

that the 1994 amendment was within 

the scope of the previously issued 

authorization for the SORE regulation 

and additionally confirmed that the 

1995 and 1996 amendments to the 

SORE regulation fell within the scope of 

the initially granted SORE 

authorization.30 Additional SORE 

amendments in 1998 were confirmed as 

within the scope of previous 

authorizations. EPA issued a full 

authorization for CARB’s 2004 SORE 

amendments.31 CARB has subsequently 

requested within-the-scope 

confirmation from EPA for a provision 

of the 2008 SORE amendment package 

that allows use of 10-percent ethanolgasoline blend (E10) for SORE 

certification fuel. That request is 

currently pending with the EPA and a 

notice of decision is under review.32

The initial LSI regulation specified 

that the certified gasoline test fuels for 

LSI engines were either Indolene or 

CaRFG2. EPA granted California a new 

authorization for the initial LSI 

regulation on May 15, 2006.33 CARB 

amended the LSI regulation in 2006 and 

EPA granted CARB a full authorization 

for those amendments in 2012.34

The initial CARB Marine SI Engine 

regulation applicable to 2001 and later 

model year outboard SI marine engines 

and personal watercraft engines 

established test procedures that were 

virtually identical to those in the federal 

SI Marine Engine regulations. In 2002 

CARB adopted regulations establishing 

exhaust emission standards and related 

certification and test procedures for 

2003 and later model year SI inboard 

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69468 Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices 

35See EPA–HQ–OAR–2014–0535–0001, ‘‘2013– 

13–14 Auth Support Document SORE 2011’’ at 9. 

36 72 FR 14546 (March 28, 2007). 

37 76 FR 24872 (May 3, 2011). 

38 61 FR 69093 (Dec. 31, 1996). 

39 65 FR 69763 (Nov. 20, 2000). 

40 79 FR 6584 (Feb. 14, 2014). 

41See EPA–HQ–OAR–2014–0535–0001, ‘‘2013– 

13–14 Auth Support Document SORE 2011’’ at 18. 

42EPA’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). 

43 59 FR 36969 (July 20, 1994). 

44 62 FR 67733 (December 30, 1997). The 

applicable regulations, now in 40 CFR part 1074, 

subpart B, § 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. 

45 59 FR 36969 (July 20, 1994). 

46 Id. See also 78 FR 58090, 58092 (September 20, 

2013). 

47See 78 FR 38970, 38972 (June 28, 2013). 

and sterndrive marine engines that 

specified the same certification test 

fuels as those applicable to outboard 

engines and personal water craft.35 EPA 

granted California an authorization for 

these regulations in 2007.36 CARB 

amended the Marine SI Engine 

regulations in 2006 and EPA granted an 

authorization for those amendments in 

2011.37

EPA granted California a new 

authorization for the initial OHRV 

regulation in 1996,38 and confirmed that 

1996 amendments to the OHRV 

regulation were within the scope of the 

initial authorization in 2000.39 In 2014, 

EPA granted new authorizations, 

confirmed that amendments were 

within the scope of the previously 

issued authorizations, or confirmed that 

no authorization action was required for 

CARB’s 1999, 2003, and 2006 

amendments to the OHRV regulation.40

The 2011 Certification Test Fuel 

amendments modified the certification 

test fuel requirements for off-road spark 

ignition, gasoline-fueled engines to 

allow the use of 10-percent ethanolblend of gasoline (E10) as a certification 

fuel. The use of the E10 certification 

fuel is allowed as an option for 

certification exhaust emission testing of 

new gasoline-fueled SORE, LSI, 

Recreational Marine, and OHRV off-road 

categories from the 2013 through 2019 

model years, and is mandatory for 

certification exhaust emission testing of 

these categories beginning with the 2020 

model year.41

By letter dated June 13, 2014, CARB 

submitted a request to EPA pursuant to 

section 209(e) of the CAA for 

authorization of its 2011 Certification 

Test Fuel amendments. CARB seeks 

EPA’s confirmation that the 2011 

Certification Test Fuel amendments fall 

within the scope of EPA’s previous 

authorizations, or, in the alternate, a full 

authorization for those amendments. 

IV. 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 adopt 

and enforce standards and other 

requirements relating to the control of 

emissions from such 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].42 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.43 EPA revised these 

regulations in 1997.44 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 

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

subsection in the context of section 

209(b) motor vehicle waivers).45

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.46

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.47 First, the 

amended regulations must not 

undermine California’s determination 

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Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices 69469 

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. 

V. 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. 

Specifically, we request comment on 

whether California’s 2011 SORE 

amendments, 2011 Tier 4 amendments, 

and 2011 Certification Test Fuel 

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 

SORE amendments, 2011 Tier 4 

amendments, and 2011 Certification 

Test Fuel 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. 

VI. 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 16, 2015. 

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–2014–0535. 

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 12, 2014. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2014–27644 Filed 11–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Petition No. IX–2013–1; FRL–9919–46– 

Region 9] 

Petition on Clean Air Act Title V 

Permit; Gateway Generating Station; 

Antioch, CA 

AGENCY: United States Environmental 

Protection Agency. 

ACTION: Notice of final action. 

SUMMARY: Pursuant to Clean Air Act 

(CAA) section 505(b) and 40 CFR 

70.8(d), the United States 

Environmental Protection Agency (EPA) 

Administrator signed an Order, dated 

October 15, 2014, denying a petition to 

object to a CAA title V operating permit 

proposed by the Bay Area Air Quality 

Management District (BAAQMD) for the 

Gateway Generating Station, LLC 

facility in Antioch, California 

(Gateway). The Order constitutes a final 

action on the petition submitted by the 

Wild Equity Institute (Petitioner) dated 

September 3, 2013 requesting that the 

EPA Administrator object to the 

proposed title V permit for Gateway. 

Pursuant to section 505(b) of the CAA, 

a petitioner may seek judicial review in 

the United States Court of Appeals for 

the appropriate circuit of those portions 

of the petition that EPA denied. Any 

petition for review shall be filed within 

60 days from the date this notice 

appears in the Federal Register, 

pursuant to section 307 of the CAA. 

DATES: The EPA Administrator signed 

an Order, dated October 15, 2014, 

denying a petition to object to the CAA 

title V operating permit proposed by the 

BAAQMD for Gateway. Pursuant to 

section 307(b)(1) of the Clean Air Act, 

42 U.S.C. 7607(b)(1), judicial review of 

this final permit decision, to the extent 

it is available, may be sought by filing 

a petition for review in the United 

States Court of Appeals for the Ninth 

Circuit within 60 days of November 21, 

2014. 

ADDRESSES: Copies of the Order, the 

petition, and all pertinent information 

relating thereto are on file at the 

following location: EPA Region 9, Air 

Division, 75 Hawthorne Street, San 

Francisco, California 94105. EPA 

requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view copies of the final Order, petition, 

and other supporting information. You 

may view the hard copies Monday 

through Friday, from 9 a.m. to 4 p.m., 

excluding Federal holidays. If you wish 

to examine these documents, you 

should make an appointment at least 48 

hours before the visiting day. The final 

Order is also available electronically at 

the following Web site: http://

www.epa.gov/region07/air/title5/

petitiondb/petitiondb.htm. 

FOR FURTHER INFORMATION CONTACT: 

Gerardo Rios, Air Permits Office, EPA 

Region 9, at (415) 972–3974 or 

rios.gerardo@epa.gov. 

SUPPLEMENTARY INFORMATION: The CAA 

affords the EPA a 45-day period to 

review and, as appropriate, object to 

operating permits proposed by state 

permitting authorities under title V of 

the CAA, 42 U.S.C. 7661–7661f. Section 

505(b)(2) of the CAA and 40 CFR 70.8(d) 

authorize any person to petition the 

EPA Administrator to object to a title V 

operating permit within 60 days after 

the expiration of the EPA’s 45-day 

review period if the EPA has not 

objected on its own initiative. Petitions 

must be based only on objections to the 

permit that were raised with reasonable 

specificity during the public comment 

period provided by the state, unless the 

petitioner demonstrates that it was 

impracticable to raise these issues 

during the comment period or the 

grounds for the issues arose after this 

period. 

The Petitioner submitted a petition 

regarding Gateway dated September 3, 

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