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[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Notices]
[Pages 76468-76473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31049]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2014-0533; FRL-9939-91-OAR]

California State Nonroad Engine Pollution Control Standards; 
Large Spark-Ignition (LSI) Engines; New Emission Standards and In-Use 
Fleet Requirements; Notice of Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of decision.

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SUMMARY: The Environmental Protection Agency (EPA) is granting the 
California Air Resources Board's (CARB's) request for authorization of 
California's 2008 amendments to its new large spark-ignition nonroad 
engines regulation (2008 LSI Amendments). EPA is also confirming that 
CARB's 2010 amendments to its in-use fleet average emission 
requirements (2010 LSI Fleet Amendments) are within the scope of EPA's 
prior authorization. This decision is issued under the authority of the 
Clean Air Act (``CAA'' or ``Act'').

DATES: Petitions for review must be filed by February 8, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
EPA-HQ-OAR-2014-0533. All documents relied upon in making this 
decision, including those submitted to EPA by CARB, are contained in 
the public docket. Publicly available docket materials are available 
either electronically through 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 working 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

[[Page 76469]]

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 www.regulations.gov Web site, 
enter EPA-HQ-OAR-2014-0533 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 (``OTAQ'') maintains 
a Web page that contains general information on its review of 
California waiver requests. Included on that page are links to prior 
waiver Federal Register notices, some of which are cited in today's 
notice; the page can be accessed at http://www.epa.gov/otaq/cafr.htm.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Attorney-Advisor, 
Transportation Climate 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) 343-2800. Email: dickinson.david@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

A. California's LSI Regulations

    CARB promulgated its first LSI regulations in 1999, applicable to 
new LSI engines (1999 LSI regulations).\1\ The 1999 LSI regulations 
established exhaust emission standards and associated test procedures 
for LSI engines based upon engine displacement. The exhaust emission 
standards applicable to 2002 and subsequent model years (MYs) with 
displacements up to one liter were identical to the emission standards 
applicable to California small off-road engines (SORE) with engines 
greater than or equal to 225 cubic centimeters. CARB subsequently 
adopted more stringent exhaust emission standards for engines greater 
than 225 cubic centimeters.\2\ CARB adopted is initial off-road LSI 
fleet operator regulations on May 25, 2006.\3\ The fleet operator 
regulations are designed to address the hydrocarbon and nitrogen oxide 
emissions from the existing LSI engines operating in California and 
require fleets to meet certain fleet average emission level (FAEL) 
standards.\4\
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    \1\ EPA granted an authorization for these LSI regulations at 71 
FR 29623 (May 15, 2006).
    \2\ EPA granted an authorization for these LSI regulations at 71 
FR 75536 (December 15, 2006).
    \3\ The term ``off-road'' is used interchangeably with 
``nonroad'' within this decision.
    \4\ EPA granted an authorization for these LSI regulations at 77 
FR 20388 (April 12, 2012).
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    By letter dated June 2, 2014, CARB submitted to EPA its request 
pursuant to section 209(e) of the CAA, regarding its 2008 LSI 
Amendments which create two new subcategories of LSI engines: LSI 
engines with an engine displacement less than or equal to 825 cubic 
centimeters (cc) (LSI or owners/operators nationwide who must comply with 
California's requirements. In addition, because other states may adopt 
California's standards for which a section 209(e)(2)(A) authorization 
has been granted if certain criteria are met, this decision would also 
affect those states and those persons in such states. See CAA section 
209(e)(2)(B). For these reasons, EPA determines and finds that this is 
a final action of national applicability, and also a final action of 
nationwide scope or effect for purposes of section 307(b)(1) of the 
Act. Pursuant to section 307(b)(1) of the Act, judicial review of this 
final action may be sought only in the United States Court of Appeals 
for the District of Columbia Circuit. Petitions for review must be 
filed by February 8, 2016. Judicial review of this final action may not 
be obtained in subsequent enforcement proceedings, pursuant to section 
307(b)(2) of the Act.

IV. Statutory and Executive Order Reviews

    As with past authorization and waiver decisions, this action is not 
a rule as defined by Executive Order 12866. Therefore, it is exempt 
from review by the Office of Management and Budget as required for 
rules and regulations by Executive Order 12866.
    In addition, this action is not a rule as defined in the Regulatory 
Flexibility Act, 5 U.S.C. 601(2). Therefore, EPA has not prepared a 
supporting regulatory flexibility analysis addressing the impact of 
this action on small business entities.
    Further, the Congressional Review Act, 5 U.S.C. 801, et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, does not apply because this action is not a rule for purposes of 
5 U.S.C. 804(3).

    Dated: December 1, 2015.
Janet G. McCabe,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2015-31049 Filed 12-8-15; 8:45 am]
BILLING CODE 6560-50-P
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