Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 58585 

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 

Continued 

relevant written submissions, and other 

information that he deems pertinent. 

Persons with comments containing 

proprietary information must 

distinguish such information from other 

comments to the great possible extent 

and label it as ‘‘Confidential Business 

Information’’ (CBI). If a person making 

comments want 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 place in the docket, 

submissions containing such 

information should be sent directly to 

the contact person listed above and not 

to the pubic 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: October 1, 2008. 

Robert J. Meyers, 

Principal Deputy Assistant Administrator, 

Office of Air and Radiation. 

[FR Doc. E8–23671 Filed 10–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8726–6] 

California State Nonroad Engine 

Pollution Control Standards; California 

Nonroad Compression Ignition 

Engines—In-Use Fleets; Authorization 

Request; Opportunity for Public 

Hearing 

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 emission standards for 

fleets that operate nonroad, diesel 

fueled equipment with engines 25 

horsepower (hp) and greater. By letter 

dated August 12, 2008, CARB submitted 

a request seeking EPA authorization, 

pursuant to section 209(e) of the Clean 

Air Act (CAA), 42 U.S.C. 7543(e), of its 

regulation requiring such fleets to meet 

fleet average emissions standards for 

oxides of nitrogen and particulate 

matter, or, alternatively, to comply with 

best available control technology 

requirements for the vehicles in those 

fleets. This notice announces that EPA 

has tentatively scheduled a public 

hearing concerning California’s request 

and that EPA is accepting written 

comment on the request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on October 27, 2008, beginning 

at 10 a.m. EPA will hold a hearing only 

if a party notifies EPA by October 20, 

2007 expressing its interest in 

presenting oral testimony. 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 by November 28, 

2008. 

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. 

Parties wishing to present oral 

testimony at the public hearing should 

provide written notice to David 

Dickinson at the address noted below. If 

EPA receives a request for a public 

hearing, EPA will hold the public 

hearing at 1310 L St, NW., Washington, 

DC 20005 at 10 a.m. 

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

mstockstill on PROD1PC66 with NOTICES

58586 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 

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. 

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). 

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: 

(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

CARB has submitted to EPA 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. Compliance for the largest 

fleets (fleets with a total maximum 

power greater than 5000 hp) is required 

beginning March 1, 2010, for mediumsized fleets (greater than 2500 hp 

through 5000 hp) beginning March 1, 

2013, and for small fleets (up to 2500 

hp) beginning March 1, 2015. 

Please provide comment 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. 

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 November 28, 

2008. Following the expiration of the 

comment period, the Administrator will 

render a decision on CARB’s request 

based on the record of the public 

hearing, if any, relevant written 

submissions, and other information that 

he deems pertinent. 

Persons with comments containing 

proprietary information must 

distinguish such information from other 

comments to the great 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 pubic 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. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 58587 

Dated: October 1, 2008. 

Robert J. Meyers, 

Principal Deputy Assistant Administrator, 

Office of Air and Radiation. 

[FR Doc. E8–23682 Filed 10–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8726–4] 

Cross-Media Electronic Reporting Rule 

State Authorized/Approved Program 

Modification/Revision Approval: State 

of Oklahoma 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This action announces EPA’s 

approval, under regulations for CrossMedia Electronic Reporting, of the State 

of Oklahoma’s request for 

modifications/revisions to their 

authorized programs to allow electronic 

reporting for certain of their authorized 

programs under title 40 and specific 

reports. 

DATES: EPA’s approval is effective 

October 7, 2008. 

FOR FURTHER INFORMATION CONTACT: Evi 

Huffer, U.S. Environmental Protection 

Agency, Office of Environmental 

Information, Mail Stop 2823T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, (202) 566–1697, 

huffer.evi@epa.gov, or David Schwarz, 

U.S. Environmental Protection Agency, 

Office of Environmental Information, 

Mail Stop 2823T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

(202) 566–1704, 

schwarz.david@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 13, 2005, the final Cross-Media 

Electronic Reporting Rule (CROMERR) 

was published in the Federal Register 

(70 FR 59848) and codified as Part 3 of 

Title 40 of the CFR. CROMERR 

establishes electronic reporting as an 

acceptable regulatory alternative to 

paper reporting and establishes 

requirements to assure that electronic 

documents are as legally dependable as 

their paper counterparts. Subpart D of 

CROMERR requires that state, tribe, or 

local government agencies that receive, 

or wish to begin receiving, electronic 

reports under their EPA-authorized 

programs must apply to EPA for a 

revision or modification of those 

programs and get EPA approval. Subpart 

D also provides standards for such 

approvals based on consideration of the 

electronic document receiving systems 

that the state, tribe, or local government 

will use to implement the electronic 

reporting. Additionally, in § 3.1000 (b) 

through (e) of 40 CFR Part 3, Subpart D 

provides for special procedures for 

program revisions and modifications 

that provide for electronic reporting, to 

be used at the option of the state, tribe, 

or local government in place of 

procedures available under existing 

program-specific authorization 

regulations. An application submitted 

under the Subpart D procedures must 

show that the state, tribe or local 

government has sufficient legal 

authority to implement the electronic 

reporting component of its authorized 

programs covered by the application 

and will use electronic document 

receiving systems that meet the 

applicable Subpart D requirements. 

On September 7, 2007, the State of 

Oklahoma Department of Environmental 

Quality (OKDEQ) submitted a 

consolidated application for their 

Electronic Document Receiving System 

(ERDS) addressing revisions or 

modifications to multiple authorized/ 

approved programs under air, water, 

and waste. 

EPA has reviewed OKDEQ’s request 

to revise or modify multiple authorized/ 

approved programs and, based on this 

review, EPA has determined that 

portions of the application relating to 

the programs and specific reports 

identified in this Notice, when 

compared to the federal regulations, 

meet the standards for approval of 

authorized program revisions set out in 

40 CFR part 3, subpart D. In accordance 

with 40 CFR 3.1000(d), this notice of 

EPA’s decision to approve OKDEQ’s 

request for modifications/revisions to 

certain of their authorized programs 

under title 40 to allow electronic 

reporting for specific reports under 

those programs is being published in the 

Federal Register. 

EPA has approved OKDEQ’s request 

for modifications/revisions to following 

of their authorized programs to allow 

electronic reporting for the specified 

reports: 

• Program: Part 60 Standards of 

Performance for New Stationary 

Sources; Reports: New Source 

Performance Standards Reports under 

§ 60.7, and Continuous Emissions 

Monitors/Continuous Opacity Monitors 

under § 60.7(c) and (d); 

• Program: Part 61 National Emission 

Standards For Hazardous Air Pollutants 

(NESHAP); Report: NESHAP Reports 

Notification of Start Up under § 61.09; 

• Program: Part 63 NESHAP for 

Source Categories; Reports: Continuous 

Emissions Monitors/Continuous 

Opacity Monitors under § 63.10(e)(3), 

and Maximum Achievable Control 

Technology Reports under § 63.9; 

• Program: Part 70 State Operating 

Permit Programs; Reports: Annual 

Compliance Certifications under § 70.6, 

and Semi-Annual Monitoring and 

Deviation Reports (SAR) under § 70.6; 

• Program: Part 122 EPA 

Administered Permit Programs: The 

National Pollutant Discharge 

Elimination System (NPDES); Reports: 

Stormwater Notice of Intent/Notice of 

Termination under § 122.26, and 

Wastewater Daily Monitoring Reports 

(NPDES) under § 122.41; 

• Programs: Parts 144 through 148 

Underground Injection Control (UIC) 

Program, State UIC Program 

Requirements, UIC Program: Criteria 

and Standards, State UIC Programs, and 

Hazardous Waste Injection Restrictions; 

Report: UIC Permit Applications; 

• Program: Part 261 Identification 

And Listing Of Hazardous Waste; 

Report: Regulated Waste Activity 

Notification; 

• Program: Part 270 EPA 

Administered Permit Programs: The 

Hazardous Waste Permit Program; 

Report: EPA Hazardous Waste Permit 

Application Part A Form (EPA Form 

8700–23). 

OKDEQ was notified of EPA’s 

determination to approve its application 

relating to the authorized programs and 

specific reports listed above in a letter 

dated September 26, 2008. 

Dated: September 26, 2008. 

Molly A. O’Neill, 

Assistant Administrator and Chief 

Information Officer. 

[FR Doc. E8–23693 Filed 10–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8725–6] 

Notice of Availability of Final NPDES 

General Permits MAG07000 and 

NHG07000 for Discharges From 

Dewatering Activities in the 

Commonwealth of Massachusetts 

(Including Both Commonwealth and 

Indian Country Lands) and the State of 

New Hampshire: the Dewatering 

General Permit (DGP) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability of Final 

NPDES General Permits MAG07000 and 

NHG07000. 

SUMMARY: The Director of the Office of 

Ecosystem Protection, EPA-New 

England, is providing a notice of 

mstockstill on PROD1PC66 with NOTICES