11880 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices 

1Section 209(e)(1) states, in part: No State or any 

political subdivision thereof shall adopt or attempt 

to enforce any standard or other requirement 

relating to the control of emissions from either of 

the following new nonroad engines or nonroad 

vehicles subject to regulation under this Act— 

(A) New engines which are used in construction 

equipment or vehicles or used in farm equipment 

or vehicles and which are smaller than 175 

horsepower. 

(B) New locomotives or new engines used in 

locomotives. 

EPA’s regulation was published at 59 FR 36969 

(July 20, 1994), and regulations set forth therein, 40 

CFR Part 85, Subpart Q, §§ 85.1601 et seq. A new 

rule, signed on September 4, 2008, moves these 

provisions to 40 CFR Part 1074. 

2See 40 CFR Part 85, Subpart Q, § 85.1605. Upon 

effectiveness of the new rule, these criteria will be 

codified at 40 CFR 1074.105. 

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: March 5, 2010. 

Margo Tsirigotis Oge, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2010–5485 Filed 3–11–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[AMS–FRL–9126–4] 

California State Nonroad Engine 

Pollution Control Standards; California 

Nonroad Compression Ignition 

Engines—In-Use Fleets; Authorization 

Request; Opportunity for Public 

Hearing and 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 amendments to its emission 

standards for fleets that operate 

nonroad, diesel fueled equipment with 

engines 25 horsepower (hp) and greater. 

EPA previously announced an 

opportunity for public hearing and 

written comment on CARB’s initial 

request for an authorization of its 

original regulations (73 FR 58585 

(October 7, 2008) and 73 FR 67509 

(November 14, 2008)). By this notice 

EPA is announcing an additional public 

hearing and a new written comment 

period. 

DATES: EPA has scheduled a public 

hearing CARB’s request on April 14, 

2010, beginning at 10 a.m. The hearing 

will be held at 1310 L St., NW., 

Washington, DC 20005. Parties wishing 

to present oral testimony at the public 

hearing should provide written 

notification to David Dickinson at the 

address noted below. Should you have 

further questions regarding the hearing 

please contact David Dickinson or you 

may consult the following Web site for 

any updates: http://www.epa.gov/otaq/ 

cafr.htm. Any party may submit written 

comment by May 18, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0691, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2008– 

0691, Environmental Protection Agency, 

Mailcode: 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. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2008– 

0691. 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 e-mail. 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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

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

FOR FURTHER INFORMATION CONTACT: 

David Dickinson, Compliance and 

Innovative Strategies Division (6405J), 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Ave, NW., 

Washington, DC 20460. Telephone: 

(202) 343–9256, Fax: (202) 343–2804, email address: 

Dickinson.David@EPA.GOV. 

SUPPLEMENTARY INFORMATION: 

Background and Discussion: Section 

209(e)(1) of the Act addresses the 

permanent preemption of any State, or 

political subdivision thereof, from 

adopting or attempting to enforce any 

standard or other requirement relating 

to the control of emissions for certain 

new nonroad engines or vehicles. 

Section 209(e)(2) of the Act requires the 

Administrator to grant California 

authorization to enforce State standards 

for new nonroad engines or vehicles 

which are not listed under section 

209(e)(1), subject to certain restrictions. 

On July 20, 1994, EPA promulgated a 

regulation that sets forth, among other 

things, the criteria, as found in section 

209(e)(2), by which EPA must consider 

any California authorization requests for 

new nonroad engines or vehicle 

emission standards (section 209(e) 

rules).1

Section 209(e)(2) requires the 

Administrator, after notice and 

opportunity for public hearing, to 

authorize California to enforce 

standards and other requirements 

relating to emissions control of new 

engines not listed under section 

209(e)(1). The section 209(e) rule and its 

codified regulations 2 formally set forth 

the criteria, located in section 209(e)(2) 

of the Act, by which EPA must grant 

California authorization to enforce its 

new nonroad emission standards and 

they are as follows: 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices 11881 

3See 59 FR 36969, 36983 (July 20, 1994). 

4Section 209(e)(1) of the Act has been codified at 

40 CFR Part 85, Subpart Q ’’ 85.1602, 85.1603. Upon 

effectiveness of the new rule noted above, these 

permanently preempted categories will be codified 

at 40 CFR 1074.10, 1074.12. 

5To 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 both the State and the 

Federal requirement with the same test vehicle in 

the course of the same test. See, e.g., 43 FR 32182 

(July 25, 1978). 

6 73 FR 58585 (October 7, 2008) and 73 FR 67509 

(November 14, 2008). 

(a) The Administrator shall grant the 

authorization if California determines that 

California standards will be, in the aggregate, 

at least as protective of public health and 

welfare as applicable Federal standards. 

(b) The authorization shall not be granted 

if the Administrator 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 section 209. 

As stated in the preamble to the 

section 209(e) rule, EPA has interpreted 

the requirement ‘‘California standards 

and accompanying enforcement 

procedures are not consistent with 

section 209’’ to mean that California 

standards and accompanying 

enforcement procedures must 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 motor vehicle waivers.3 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. Secondly, 

California’s nonroad standards and 

enforcement procedures must be 

consistent with section 209(e)(1), which 

identifies the categories permanently 

preempted from State regulation.4

California’s nonroad standards and 

enforcement procedures would be 

considered inconsistent with section 

209 if they applied to the categories of 

engines or vehicles identified and 

preempted from State regulation in 

section 209(e)(1). 

Finally, because California’s nonroad 

standards and enforcement procedures 

must be consistent with section 

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

authorization requests under the same 

‘‘consistency’’ criteria that are applied to 

motor vehicle waiver requests. Under 

section 209(b)(1)(C), the Administrator 

shall not grant California a motor 

vehicle waiver if he finds that California 

‘‘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 stated 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.5

On August 8, 2008, CARB requested 

that EPA authorize California to enforce 

its In-Use Off-Road Diesel-Fueled Fleets 

regulation adopted at its July 26, 2007 

public hearing (by Resolution 07–19) 

and subsequently modified after 

supplemental public comment by 

CARB’s Executive Officer by the In-Use 

Regulation in Executive Order R–08– 

002 on April 4, 2008 (these regulations 

are codified at Title 13, California Code 

of Regulations sections 2449 through 

2449.3). CARB’s regulations require 

fleets that operate nonroad, dieselfueled equipment with engines 25 hp 

and greater to meet fleet average 

emission standards for oxides of 

nitrogen and particulate matter. 

Alternatively, the regulations require 

the vehicles in those fleets to comply 

with best available control technology 

requirements. Based on this request EPA 

noticed and conducted a public hearing 

on October 27, 2008, and provided an 

opportunity to submit written comment 

through December 19, 2008.6

On February 11, 2010 CARB 

requested that EPA grant California 

authorization to enforce its In-Use OffRoad Diesel-Fueled Fleets regulation as 

amended in: December 2008 (and 

formally adopted in California on 

October 19, 2009); January 2009 (and 

formally adopted in California on 

December 31, 2009); and, a certain 

subset of amendments adopted by the 

CARB Board in July 2009 in response to 

California Assembly Bill 8 2X (and 

formally adopted on December 3, 2009). 

In CARB’s February 11, 2010 request 

letter to EPA it also notes additional 

amendments adopted in July 2009 and 

not yet formally adopted by California’s 

Office of Administrative Law. Once this 

last subset of amendments is formally 

adopted CARB plans to submit them to 

EPA for subsequent consideration. 

Based on CARB’s February 11, 2010 

request and its In-Use Off-Road DieselFueled Fleets regulation, EPA invites 

comment on whether (a) 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) California needs separate 

standards to meet compelling and 

extraordinary conditions, and (c) 

California’s standards and 

accompanying enforcement procedures 

are consistent with section 209 of the 

Act. 

Procedures for Public Participation: In 

recognition that public hearings are 

designed to give interested parties an 

opportunity to participate in this 

proceeding, there are not adverse parties 

as such. Statements by participants will 

not be subject to cross-examination by 

other participants without special 

approval by the presiding officer. The 

presiding officer is authorized to strike 

from the record statements that he or 

she deems irrelevant or repetitious and 

to impose reasonable time limits on the 

duration of the statement of any 

participant. 

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: March 5, 2010. 

Margo Tsirigotis Oge, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2010–5481 Filed 3–11–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8988–8] 

Environmental Impacts Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information (202) 

564–1399 or http://www.epa.gov/ 

compliance/nepa/. 


srobinson on DSKHWCL6B1PROD with NOTICES