7194 Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Notices 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

Respondents/Affected Entities: 

Owners or operators of onshore natural 

gas processing plants. 

Estimated Number of Respondents: 

563. 

Frequency of Response: Initially, 

semiannually and occasionally. 

Estimated Total Annual Hour Burden: 

149,180. 

Estimated Total Annual Cost: 

$14,335,639, which includes 

$13,996,939 in labor costs, $219,000 in 

capital/startup costs, and $119,700 in 

operation and maintenance (O&M) 

costs. 

Changes in the Estimates: There is no 

change in the labor hours, or capital/ 

startup and operation and maintenance 

costs in this ICR compared to the 

previous ICR. This is due to two 

considerations: (1) The regulations have 

not changed over the past three years 

and are not anticipated to change over 

the next three years; and (2) the growth 

rate for the industry is very low, 

negative, or non-existent. 

It should be noted that the wage rates 

in this ICR have been updated resulting 

in an overall increase in the labor cost. 

Dated: February 3, 2011. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2011–2870 Filed 2–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9264–3] 

California State Nonroad Engine 

Pollution Control Standards; Request 

for Authorization of Portable 

Equipment Registration Program; 

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 finalized amendments to its Portable 

Equipment Registration Program (PERP). 

PERP is a voluntary program that allows 

for the registration of nonroad engines 

and equipment units that operate at 

multiple locations, so that the engine/ 

equipment owners can operate 

throughout California without the need 

of obtaining permits from local air 

pollution control districts. CARB has 

requested that EPA confirm that certain 

emission standards of the voluntary 

PERP fall within the scope of previously 

granted authorizations, and that a new 

authorization be granted for those 

emission standards that are otherwise 

not covered by the within-the-scope 

confirmation. This notice announces 

that EPA has tentatively scheduled a 

public hearing to consider California’s 

PERP within-the-scope confirmation 

and authorization request and that EPA 

is now accepting written comment on 

the request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on February 24, 2011, at 1:00 

p.m. EST. EPA will hold a hearing only 

if any party notifies EPA by February 

17, 2011, expressing its interest in 

presenting oral testimony. By February 

18, 2011, any person who plans to 

attend the hearing may call Robert 

Doyle at (202) 343–9258, to learn if a 

hearing will be held or may check the 

following webpage for an update: 

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

Parties wishing to present oral 

testimony at the public hearing should 

provide written notice to Robert Doyle 

at the e-mail 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 instead consider CARB’s 

request based on written submissions to 

the docket. Any party may submit 

written comments until March 24, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2011–0102, by one of the 

following methods: 

• On-Line at http:// 

www.regulations.gov: Follow the OnLine 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–2011– 

0102, U.S. 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. 

On-Line Instructions for Submitting 

Comments: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2011– 

0102. 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 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 automatically be captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

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

EPA will make available for public 

inspection materials submitted by 

CARB, written comments received from 

any interested parties, and any 

testimony given at the public hearing. 

Materials relevant to this proceeding are 

contained in the Air and Radiation 

Docket and Information Center, 

maintained in Docket ID No. EPA–HQ– 

OAR–2011–0102. Publicly available 

docket materials are available either 

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Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Notices 7195 

1CARB has requested an authorization for this 

ATCM; EPA has announced the opportunity for 

public hearing and public comment on this request 

by another Federal Register notice also published 

today. That notice is available at http://epa.gov/ 

otaq/cafr.htm. 

2This includes: California State Nonroad Engine 

Pollution Control Standards; Authorization of State 

Standards for 1996 and later New Diesel Cycle 

Engines 175 Horsepower and Greater, 60 FR 48981 

(September 21, 1995); California State Nonroad 

Engine and Vehicle Pollution Control Standards: 

Authorization of Large Off-Road Spark-Ignition 

Engine Standards, Notice of Decision, 71 FR 29621 

(May 23, 2006); California State Nonroad Engine 

Pollution Control Standards: California New 

Nonroad Compression Ignition Engine Emission 

Standards; Notice of Decision (75 FR 8056) 

(February 23, 2010). 

3Title 40 of the Code of Federal Regulations, part 

1074.105 provides: 

(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 from California to 

authorize the state 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. 

4See 59 FR 36969 (July 20, 1994). 

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 EPA–HQ–OAR–2011–0102, in the 

‘‘Enter Keyword or ID’’ fill-in box to 

view documents in the record. Although 

a part of the official docket, the public 

docket does not include Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. 

EPA’s Office of Transportation and 

Air Quality also maintains a webpage 

that contains general information on its 

review of California waiver 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: 

Robert M. Doyle, Attorney-Advisor, 

Compliance and Innovative Strategies 

Division, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

(6405J), NW., Washington, DC 20460. 

Telephone: (202) 343–9258. Fax: (202) 

343–2804. E-mail: doyle.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. California’s PERP Request 

In a letter dated December 5, 2008, 

CARB submitted to EPA its request 

pursuant to section 209 of the Clean Air 

Act (‘‘CAA’’ or ‘‘the Act’’), regarding its 

regulations to enforce the requirements 

of its Portable Equipment Registration 

Program (PERP). CARB established the 

PERP as a voluntary program to address 

the concerns of equipment owners who 

moved equipment within California and 

thus often faced the need to obtain 

separate preconstruction and operating 

permits from the different local air 

pollution control districts in the state. 

Under the PERP, once registered, 

portable equipment is no longer subject 

to local air pollution control district 

permitting requirements. The PERP also 

requires that all registered engines and 

equipment meet established emission 

standards that reflected the best 

available control technology for all 

classes and categories of portable 

equipment. Generally, this means that, 

after January 1, 2006, only engines that 

meet the most stringent CARB or EPA 

emission standards in effect at the time 

of registration are allowed in the PERP. 

Registered compression-ignition engines 

must also meet the requirements of the 

CARB Airborne Toxic Control Measure 

(ATCM) for in-use portable diesel-fueled 

engines 50 brake-horsepower (hp) and 

greater (portable engines).1 If sparkignition engines do not meet Federal or 

CARB certification standards, they can 

still meet some minimum requirements 

to be in the program. 

CARB has requested that EPA confirm 

that parts of the voluntary PERP for 

portable engines and equipment fall 

within the scope of previously issued 

authorizations,2 and that the 

Administrator grant a new authorization 

for those emission standards that are not 

otherwise not covered by the withinthe-scope confirmation. 

II. Clean Air Act Nonroad Engine and 

Vehicle Authorizations 

Section 209(e)(1) of the Act 

permanently preempts 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) requires the 

Administrator, after notice and 

opportunity for public hearing, to 

authorize California to enforce 

standards and other requirements 

relating to the control of emissions from 

new engines not listed under section 

209(e)(1), if certain criteria are met. EPA 

has promulgated regulations 

implementing these provisions at 40 

CFR part 1074. These regulations set 

forth the criteria that EPA must consider 

before granting California authorization 

to enforce its new nonroad emission 

standards.3

As stated in the preamble to the 

section 209(e) 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).4

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 

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7196 Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Notices 

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 

were previously granted an 

authorization, EPA can confirm that the 

amended regulations are within the 

scope of the previously granted 

authorization. Such within-the-scope 

amendments are permissible without a 

full authorization 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 authorizations. 

III. Procedures for Public Participation 

As stated above, EPA is offering the 

opportunity for a public hearing, and 

requesting written comment on issues 

relevant to the CARB request. First, 

CARB has requested EPA confirm that 

parts of the voluntary PERP for portable 

engines and equipment fall within the 

scope of previously issued 

authorizations or submitted 

authorization requests. Within the 

context of a within-the-scope analysis, 

EPA invites comment on whether 

California’s PERP requirements (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 issues affecting 

EPA’s previous waiver or authorization 

determinations. 

Second, CARB has requested that the 

Administrator grant a new authorization 

for those emission standards that are not 

otherwise not covered by the withinthe-scope confirmation. For this full 

authorization analysis, 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. 

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 March 24, 2011. 

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–2011–0102. 

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: February 3, 2011. 

Lori Stewart, 

Acting Director, Office of Transportation and 

Air Quality, Office of Air and Radiation. 

[FR Doc. 2011–2852 Filed 2–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9264–4] 

California State Nonroad Engine 

Pollution Control Standards; Request 

for Authorization of Airborne Toxic 

Control Measure for In-Use Portable 

Diesel Engines 50 Horsepower and 

Greater; 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 regulations for the control 

of diesel particulate matter in the 

exhaust from in-use portable dieselfueled compression-ignition engines 50 

horsepower and greater. CARB has 

requested that EPA issue a new 

authorization for the emission standards 

established by these regulations. This 

notice announces that EPA has 

tentatively scheduled a public hearing 

to consider California’s In-Use Portable 

Diesel Equipment Airborne Toxic 

Control Measure authorization request 

and that EPA is now accepting written 

comment on the request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on February 24, 2011, at 9:30 

a.m. EST. EPA will hold a hearing only 

if any party notifies EPA by February 

17, 2011, expressing its interest in 

presenting oral testimony. By February 

18, 2011, any person who plans to 

attend the hearing may call Robert 

Doyle at (202) 343–9258, to learn if a 

hearing will be held or may check the 

following webpage for an update: 

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

Parties wishing to present oral 

testimony at the public hearing should 

provide written notice to Robert Doyle 

at the e-mail 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 instead consider CARB’s 

request based on written submissions to 

the docket. Any party may submit 

written comments until March 24, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2011–0101, by one of the 

following methods: 

• On-Line at http:// 

www.regulations.gov: Follow the OnLine 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–2011– 

0101, U.S. 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 

mstockstill on DSKH9S0YB1PROD with NOTICES