Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 721 

5CARB, ‘‘Secretary of State Face Sheet and Final 

Regulation Order,’’ effective November 15, 2003. 

6CARB, ‘‘Resolution 04–19,’’ June 24, 2004. 

7CARB, ‘‘Secretary of State Face Sheet and Final 

Regulation Order,’’ effective January 31, 2004. 

8CARB, ‘‘Resolution 05–15,’’ February 24, 2005. 

9CARB, ‘‘Secretary of State Face Sheet and Final 

Regulation Order,’’ effective January 31, 2006. 

10CARB, ‘‘Resolution 05–47,’’ September 15, 

2005; CARB, ‘‘Resolution 05–53,’’ October 20, 2005; 

CARB Resolution 05–61,’’ October 27, 2005; CARB, 

‘‘Executive Order R–05–007,’’ July 28, 2006. 

11CARB, ‘‘Secretary of State Face Sheet and Final 

Regulation Order,’’ effective October 7, 2006. 

12See supra notes 3, 5, 7, 9, and 11. 

13Because California was the only state to have 

adopted standards prior to 1966, it is the only state 

that is qualified to seek and receive a waiver. See 

S.Rep. No. 90–403 at 632 (1967). 

14CAA section 209(b)(1)(A). 

15CAA section 209(b)(1)(B). 

16CAA section 209(b)(1)(C). 

17See, e.g., 74 FR at 32767 (July 8, 2009); see also 

MEMA I, 627 F.2d at 1126. 

November 15, 2003.5 The 2004 

rulemaking added optional exhaust 

emission standards for diesel-fueled 

hybrid-electric urban bus engines for 

authorized transit agencies with NOX

mitigation plans for the 2004–2006 

model years. The 2004 rulemaking was 

formally adopted by CARB on June 24, 

2004,6 and became operative under 

California law on January 31, 2004.7 The 

February 2005 rulemaking clarified the 

optional standards for hybrid-electric 

buses that were allowed in the 2004 

rulemaking. The February 2005 

rulemaking was formally adopted by 

CARB on February 24, 2005,8 and 

became operative under California law 

on January 31, 2006.9 The October 2005 

rulemaking amended the urban bus 

standards to align with California’s 

existing exhaust emission standards for 

heavy-duty diesel engines. The October 

2005 rulemaking was formally adopted 

by CARB on July 28, 2006,10 and 

became operative under California law 

on October 7, 2006.11 The revisions to 

emission standards and test procedures 

resulting from these five sets of 

amendments were codified at title 13, 

California Code of Regulations, section 

1952.2 et seq., which was later 

renumbered to section 2023 et seq.12

CARB seeks a waiver of preemption 

pursuant to section 209(b) of the Clean 

Air Act for the emission standards and 

related test procedures contained in its 

urban bus regulations, as amended 

through 2000 and 2005. 

II. Clean Air Act Waivers of Preemption 

Section 209(a) of the Clean Air Act 

preempts states and local governments 

from setting emission standards for new 

motor vehicles and engines. It provides: 

No State or any political subdivision 

thereof shall adopt or attempt to enforce any 

standard relating to the control of emissions 

from new motor vehicles or new motor 

vehicle engines subject to this part. No state 

shall require certification, inspection or any 

other approval relating to the control of 

emissions from any new motor vehicle or 

new motor vehicle engine as condition 

precedent to the initial retail sale, titling (if 

any), or registration of such motor vehicle, 

motor vehicle engine, or equipment. 

Through operation of section 209(b) of 

the Act, California is able to seek and 

receive a waiver of section 209(a)’s 

preemption. Section 209(b)(1) requires a 

waiver to be granted for any State that 

had adopted standards (other than 

crankcase emission standards) for the 

control of emissions from new motor 

vehicles or new motor vehicle engines 

prior to March 30, 1966,13 if the State 

determines that its standards will be, in 

the aggregate, at least as protective of 

public health and welfare as applicable 

Federal standards (this is known as 

California’s ‘‘protectiveness 

determination’’). However, no waiver is 

to be granted if EPA finds that: (A) 

California’s above-noted ‘‘protectiveness 

determination’’ is arbitrary and 

capricious; 14 (B) California does not 

need such State standards to meet 

compelling and extraordinary 

conditions; 15 or (C) California’s 

standards and accompanying 

enforcement procedures are not 

consistent with section 202(a) of the 

Act.16 Regarding consistency with 

section 202(a), EPA reviews California’s 

standards for technological feasibility 

and evaluates testing and enforcement 

procedures to determine whether they 

would be inconsistent with federal test 

procedures (e.g., if manufacturers would 

be unable to meet both California and 

federal test requirements using the same 

test vehicle).17

III. EPA’s Request for Comments 

EPA is offering the opportunity for a 

public hearing, and requesting written 

comment on issues relevant to section 

209(b) of the Clean Air Act. Specifically, 

we request comment on whether: (a) 

California’s determination that its motor 

vehicle emission standards are, in the 

aggregate, at least as protective of public 

health and welfare as applicable Federal 

standards is arbitrary and capricious, (b) 

California needs such standards to meet 

compelling and extraordinary 

conditions, and (c) California’s 

standards and accompanying 

enforcement procedures are consistent 

with section 202(a) of the Clean Air Act. 

IV. 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 March 1, 2013. 

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–2012–0745. 

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: December 26, 2012. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2012–31717 Filed 1–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

California State Nonroad Engine 

Pollution Control Standards; Transport 

Refrigeration Units; Request for 

Authorization; Opportunity for Public 

Hearing and Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The California Air Resources 

Board (CARB) has notified EPA that it 

has adopted amendments to California’s 

‘‘Airborne Toxic Control Measure for InUse Diesel-Fueled Transport 

Refrigeration Units (TRU) and TRU 

Generator Sets and Facilities Where 

TRUs Operate.’’ CARB has asked that 

mstockstill on DSK4VPTVN1PROD with 

722 Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 

1California Air Resources Board (‘‘CARB’’), 

‘‘Request for Authorization,’’ May 13, 2011. 

2CARB, ‘‘Resolution 10–39,’’ November 18, 2010; 

CARB, ‘‘Executive Order R–11–001,’’ February 2, 

2011. 

EPA confirm that the TRU amendments 

either fall within the scope of the 

authorization EPA granted on January 9, 

2009, pursuant to section 209(e) of the 

Clean Air Act, or are not subject to 

Clean Air Act preemption. This notice 

announces that EPA has tentatively 

scheduled a public hearing to consider 

California’s TRU 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 30, 2013, at 10:00 

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

if any party notifies EPA by January 17, 

2013, expressing interest in presenting 

the agency with oral testimony. Parties 

wishing to present oral testimony at the 

public hearing should provide written 

notice to Kristien Knapp at the email 

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 1, 2013. 

By January 25, 2013, any person who 

plans to attend the hearing may call 

Kristien Knapp at (202) 343–9949, to 

learn if a hearing will be held. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2012–0741, by one of the 

following methods: 

• On-Line at http:// 

www.regulations.gov: Follow the OnLine Instructions for Submitting 

Comments. 

• Email: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2012– 

0741, 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–2012– 

0741. 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 

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–2012–0741. 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-rDocket@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–2012–0741, 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 Web page 

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: 

Kristien G. Knapp, Attorney-Advisor, 

Compliance Division, Office of 

Transportation and Air Quality, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue (6405J), NW., 

Washington, DC 20460. Telephone: 

(202) 343–9949. Fax: (202) 343–2804. 

Email: knapp.kristien@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. California’s TRU Regulations 

By letter dated May 13, 2011, CARB 

submitted to EPA its request pursuant to 

section 209(e) of the Clean Air Act 

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

‘‘Airborne Toxic Control Measure for InUse Diesel-Fueled Transport 

Refrigeration Units (TRU) and TRU 

Generator Sets and Facilities Where 

TRUs Operate’’ (hereinafter ‘‘CARB’s 

TRU Amendments’’).1 CARB’s TRU 

Amendments accomplish three main 

objectives: (1) Relax the TRU in-use 

compliance requirements for all 2003 

and some 2004 model year TRUs and 

TRU generator sets (collectively referred 

to as ‘‘TRUs’’), (2) clarify the operational 

useful life of TRU flexibility engines, 

and (3) establish new reporting and 

recordkeeping requirements for TRU 

original equipment manufacturers 

(OEMs). CARB formally adopted the 

TRU Amendments on February 4, 

2011,2 and they became operative under 

California law on March 7, 2011. The 

TRU amendments are codified at title 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 723 

3CARB, ‘‘Final Regulation Order for title 13, 

California Code of Regulations, section 2477.’’ 4 74 FR 3030 (January 16, 2009). 

5 59 FR 36969 (July 20, 1994). 

6 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 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. 

7 59 FR 36969 (July 20, 1994). 

13, California Code of Regulations, 

section 2477.3

EPA granted an authorization for 

California’s initial set of TRU 

regulations on January 9, 2009, notice of 

which was published in the Federal 

Register on January 16, 2009.4 CARB 

seeks EPA’s confirmation that the TRU 

Amendments either fall within the 

scope of that previous authorization, 

pursuant to section 209(e) of the Clean 

Air Act, or are not subject to Clean Air 

Act preemption. 

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. States 

are also preempted 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) 

requires the Administrator, after notice 

and opportunity for public hearing, to 

authorize California to enforce such 

standards and other requirements, 

unless EPA makes one of three findings. 

In addition, other states with attainment 

plans may adopt and enforce such 

regulations if the standards, and 

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.5

EPA later revised these regulations in 

1997.6 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).7

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. 

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. EPA’s Request for Comments 

As stated above, EPA is offering the 

opportunity for a public hearing, and 

requesting written comment on issues 

relevant to a within-the-scope analysis. 

Specifically, we request comment on: 

whether California’s TRU 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, and (3) raise 

any other new issues affecting EPA’s 

previous waiver or authorization 

determinations. 

Should any party believe that the TRU 

amendments are not within the scope of 

the previous TRU authorization, EPA 

also requests comment on whether the 

California TRU 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. 

IV. 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 March 1, 2013. 

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–2012–0741. 

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 

mstockstill on DSK4VPTVN1PROD with 

724 Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 

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: December 26, 2012. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2012–31720 Filed 1–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9766–2] 

California State Nonroad Engine 

Pollution Control Standards; OffHighway Recreational Vehicles and 

Engines; Request for Authorization; 

Opportunity for Public Hearing and 

Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The California Air Resources 

Board (CARB) has notified EPA that it 

has adopted regulations to amend its 

Off-Highway Recreational Vehicle and 

Engines (‘‘OHRV’’) Regulations. By 

letter dated March 24, 2010, CARB 

submitted a request that EPA authorize 

these regulations under section 209(e) of 

the Clean Air Act (CAA), 42 U.S.C. 

7543(b). CARB seeks confirmation that 

certain of the amendments are within 

the scope of a prior authorization issued 

by EPA, and that certain of the 

amendments require and merit a new 

authorization. This notice announces 

that EPA has tentatively scheduled a 

public hearing to consider California’s 

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 January 30, 2013, at 10:00 

a.m. at EPA’s offices at 1310 L Street 

NW., Washington, DC 20005. EPA will 

hold a hearing only if anyone notifies 

EPA that it will present oral testimony 

at the hearing. Parties wishing to 

present oral testimony at the public 

hearing must provide written notice by 

January 17, 2013 to Suzanne Bessette at 

the email address noted below. If EPA 

does not receive a request for a public 

hearing, it 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 by March 1, 2013. 

By January 25, 2013, any person who 

plans to attend the hearing may check 

the following Web page for an update, 

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

may call Suzanne Bessette at (734) 214– 

4703 to learn if a hearing will be held. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2012–0742, by one of the 

following methods: 

• On-Line at http:// 

www.regulations.gov: Follow the OnLine Instructions for Submitting 

Comments. 

• Email: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2012– 

0742, 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–2012– 

0742. 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 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 

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–2012–0742. 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-rDocket@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–2012–0742 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 Web page 

that contains general information on its 

review of California waiver and 

authorization requests. Included on that 

page are links to several of the prior 

Federal Register notices which are cited 

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