69104 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices 

with unconventional natural gas 

activities, such as hydraulic fracturing. 

Mitigation 

As a condition of its decision to issue 

Order Nos. 3282–C and 3357–B 

authorizing FLEX to export LNG to nonFTA countries, DOE is imposing 

requirements that will avoid or 

minimize the environmental impacts of 

the project. These conditions include 

the environmental conditions adopted 

in the FERC Order at Appendix A. 

Mitigation measures beyond those 

included in DOE Order Nos. 3282–C 

and 3357–B that are enforceable by 

other Federal and state agencies are 

additional conditions of Order Nos. 

3282–C and 3357–B. With these 

conditions, DOE has determined that all 

practicable means to avoid or minimize 

environmental harm from the project 

have been adopted. 

Floodplain Statement of Findings 

DOE prepared this Floodplain 

Statement of Findings in accordance 

with DOE’s regulations entitled 

‘‘Compliance with Floodplain and 

Wetland Environmental Review 

Requirements’’ (10 CFR part 1022). The 

required floodplain and wetland 

assessment was conducted during 

development and preparation of the EIS 

(see Sections 4.1.1.3 and 4.3.1.1 of the 

EIS). DOE determined that the 

placement of some project components 

within floodplains would be 

unavoidable. 

However, the current design for the 

project minimizes floodplain impacts to 

the extent practicable. 

Issued in Washington, DC on November 14, 

2014. 

Christopher A. Smith, 

Principal Deputy Assistant Secretary, Office 

of Fossil Energy. 

[FR Doc. 2014–27486 Filed 11–19–14; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9919–54–OAR] 

California State Motor Vehicle 

Pollution Control Standards; 

Malfunction and Diagnostic System 

Requirements for 2010 and 

Subsequent Model Year Heavy-Duty 

Engines; Request for Waiver 

Determination; 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 

‘‘Malfunction and Diagnostic System 

Requirements for 2010 and Subsequent 

Model Year Heavy-Duty Engines’’ 

regulation (HD OBD Requirements) and 

its ‘‘Enforcement of Malfunction and 

Diagnostic System Requirements for 

2010 and Subsequent Model-Year 

Heavy-Duty Engines’’ regulation (HD 

OBD Enforcement Regulation), 

collectively referred to herein as HD 

OBD Regulations. EPA previously 

granted California a waiver for its HD 

OBD Regulations as amended in 2010. 

CARB adopted further amendments to 

the HD OBD Regulations in 2013 (‘‘2013 

HD OBD amendments’’). By letter dated 

February 12, 2014, CARB requested that 

EPA confirm that the 2013 HD OBD 

amendments are within the scope of the 

previously granted waiver or, 

alternatively, that EPA grant a full 

waiver of preemption for the 

amendments. This notice announces 

that EPA has tentatively scheduled a 

public hearing to consider California’s 

request for waiver of the 2013 HD OBD 

amendments, and that EPA is 

additionally now accepting written 

comment on California’s request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on January 14, 2015 at 10 a.m. 

ET. EPA will hold a hearing only if any 

party notifies EPA by December 15, 

2014 to express interest in presenting 

the Agency with oral testimony. Parties 

that wish to present oral testimony at 

the public hearing should provide 

written notice to David Read at the 

email address noted below. If EPA 

receives a request for a public hearing, 

that hearing will be held at the William 

Jefferson Clinton Building (North), 

Room 5530 at 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. If EPA 

does not receive a request for a public 

hearing, then EPA will not hold a 

hearing, and will instead consider 

CARB’s request based on written 

submissions to the docket. Any party 

may submit written comments until 

February 16, 2015. 

Any person who wishes to know 

whether a hearing will be held may call 

David Read at (734) 214–4367 on or 

after December 17, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2014–0699, 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–2014– 

0699, 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–2014– 

0699. 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 


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Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices 69105 

1 73 FR 52042 (September 8, 2008). 

2 77 FR 73459 (December 10, 2012). 

3CARB, ‘‘Request for Waiver Action Pursuant to 

Clean Air Act Section 209(b) for California’s HeavyDuty Engine On-Board Diagnostic System 

Requirements (HD OBD) and On-Board Diagnostic 

System Requirements for Passenger Cars, LightDuty Trucks, and Medium-Duty Vehicles and 

Engines (OBD II),’’ February 12, 2014. 

4See S. Rep. No. 90–403 at 632 (1967). 

5EPA’s review of California regulations under 

section 209 is not a broad review of the 

reasonableness of the regulations or its 

compatibility with all other laws. Sections 209(b) 

and 209(e) of the Clean Air Act limit EPA’s 

authority to deny California requests for waivers 

and authorizations to the three criteria listed 

therein. As a result, EPA has consistently refrained 

from denying California’s requests for waivers and 

authorizations based on any other criteria. In 

instances where the U.S. Court of Appeals has 

reviewed EPA decisions declining to deny waiver 

requests based on criteria not found in section 

209(b), the Court has upheld and agreed with EPA’s 

determination. See Motor and Equipment 

Manufacturers Ass’n v. Nichols, 142 F.3d 449, 462– 

63, 466–67 (D.C. Cir. 1998), Motor and Equipment 

Manufacturers Ass’n v. EPA, 627 F.2d 1095, 1111, 

1114–20 (D.C. Cir. 1979). See also 78 FR 58090, 

58120 (September 20, 2013). 

6CAA § 209(b)(1)(A). 

7CAA § 209(b)(1)(B). 

8CAA § 209(b)(1)(C). 

9See, e.g., 74 FR 32767 (July 8, 2009); see also 

Motor and Equipment Manufacturers Association v. 

EPA, 627 F.2d 1095, 1126 (D.C. Cir. 1979). 

Docket and Information Center, 

maintained in Docket ID No. EPA–HQ– 

OAR–2014–0699. 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, 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–2014–0699, 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 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: 

David Read, Attorney, Office of 

Transportation and Air Quality, U.S. 

Environmental Protection Agency, 2565 

Plymouth Road, Ann Arbor, MI 48105. 

Telephone: (734) 214–4367. Fax: (734) 

214–4212. Email: read.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. California’s HD OBD Regulations 

CARB initially adopted the HD OBD 

Requirements in December 2005. The 

HD OBD Requirements require 

manufacturers to install compliant HD 

OBD systems with diesel and gasoline 

powered engines used in vehicles 

having a gross vehicle weight rating 

greater than 14,000 pounds. HD OBD 

systems monitor emission-related 

components and systems for proper 

operation and for deterioration or 

malfunctions that cause emissions to 

exceed specific thresholds. 

EPA issued a waiver under section 

209(b) of the Clean Air Act (CAA or Act) 

for the HD OBD Requirements in 2008.1

In 2010, CARB updated the regulation to 

align the HD OBD Requirements with 

OBD regulations applicable to mediumduty vehicles, and adopted the HD OBD 

Enforcement Regulation. EPA issued 

California a waiver for the 2010 HD 

OBD Regulations in December 2012.2

CARB subsequently updated the HD 

OBD Regulations again in 2013. CARB 

formally adopted the 2013 HD OBD 

amendments on June 26, 2013, and they 

became operative under state law on 

July 31, 2013. The HD OBD 

Requirements are codified at title 13, 

California Code of Regulations, section 

1971.1. The HD OBD Enforcement 

Regulation is codified at title 13, 

California Code of Regulations, section 

1971.5. 

The 2013 amendments that are subject 

of this notice are intended to ease, 

clarify, or add flexibility to California’s 

previously waived HD OBD 

requirements. By letter dated February 

12, 2014,3 CARB submitted to EPA a 

request for a determination that the 

2013 HD OBD amendments are within 

the scope of the previous HD OBD 

waiver or, alternatively, that EPA grant 

California a waiver of preemption for 

the 2013 amendments to its HD OBD 

regulations. 

II. Clean Air Act Waivers of Preemption 

Section 209(a) of the CAA 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. If certain criteria are met, 

section 209(b)(1) of the Act requires the 

Administrator, after notice and 

opportunity for public hearing, to waive 

application of the prohibitions of 

section 209(a). Section 209(b)(1) only 

allows 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, 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 (i.e., if such state 

makes a ‘‘protectiveness 

determination’’). Because 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.4

The Administrator must grant 5 a waiver 

unless she finds that: (A) California’s 

above-noted ‘‘protectiveness 

determination’’ is arbitrary and 

capricious; 6 (B) California does not 

need such state standards to meet 

compelling and extraordinary 

conditions; 7 or (C) California’s 

standards and accompanying 

enforcement procedures are not 

consistent with section 202(a) of the 

Act.8 EPA has previously stated that 

consistency with section 202(a) requires 

that California’s standards must be 

technologically feasible within the lead 

time provided, giving due consideration 

to costs, and that California and 

applicable Federal test procedures be 

consistent.9

If California amends regulations that 

were previously granted a waiver, EPA 

can confirm that the amended 

regulations are within the scope of the 

previously granted waiver. Such withinthe-scope amendments are permissible 

without a full waiver review if three 

conditions are met. First, the amended 


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69106 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices 

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 waivers. 

III. EPA’s Request for Comments 

EPA invites public comment on 

CARB’s request, including but not 

limited to the following issues. 

A. 2013 HD OBD Amendments Withinthe-Scope or Full Waiver 

First, we request comment on whether 

CARB’s 2013 HD OBD amendments 

should be considered under the withinthe-scope analysis or whether they 

should be considered under the full 

waiver criteria. Specifically, we request 

comment on whether California’s 2013 

HD OBD 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 202(a) of the 

Act, and (3) raise any other ‘‘new issue’’ 

affecting EPA’s previous waiver or 

authorization determinations. 

B. Whether 2013 HD OBD Amendments 

Meet the Criteria for New Waiver 

Should any party believe that CARB’s 

2013 HD OBD amendments do not merit 

consideration as within-the-scope of the 

previous waivers, EPA also requests 

comment on whether those amendments 

meet the criteria for full waiver. 

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 202(a) of the CAA. 

IV. Procedures for Public Participation 

If a hearing is held, the Agency will 

make a 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 February 16, 2015. Upon 

expiration of the comment period, EPA 

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 the Agency deems 

pertinent. All information will be 

available for inspection at the EPA Air 

Docket No. EPA–HQ–OAR–2014–0699. 

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: November 12, 2014. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2014–27495 Filed 11–19–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9919–55–OAR] 

California State Motor Vehicle 

Pollution Control Standards; 

Malfunction and Diagnostic System 

Requirements for 2004 and 

Subsequent Model Year Passenger 

Cars, Light-Duty Trucks, and MediumDuty Vehicles and Engines; Request 

for Waiver Determination; 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 regulations 

entitled ‘‘Malfunction and Diagnostic 

System Requirements—2004 and 

Subsequent Model-Year Passenger Cars, 

Light-Duty Trucks, and Medium-Duty 

Vehicles and Engines’’ (OBD II 

Requirements) and amendments to 

regulations entitled ‘‘Enforcement of 

Malfunction and Diagnostic System 

Requirements for 2004 and Subsequent 

Model-Year Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicles and 

Engines’’ (OBD II Enforcement 

Regulation). CARB adopted 

amendments to the OBD II 

Requirements through rulemakings in 

1997, 2003, 2007 and 2010, and to the 

OBD II Requirements and OBD II 

Enforcement Regulation in 2012 and 

2013. These amendments are 

collectively referred to herein as the 

OBD II Amendments. EPA previously 

granted California a waiver for the 

original OBD II Requirements, as last 

amended in 1995. EPA has also 

previously given notice and taken 

comments on the 1997 and 2003 OBD II 

amendments, but did not act on 

California’s waiver requests for those 

amendments. CARB now requests that 

EPA confirm that all the OBD II 

Amendments be found within the scope 

of the previously granted waiver or, 

alternatively, that EPA grant a full 

waiver of preemption for the various 

amendments. This notice announces 

that EPA has tentatively scheduled a 

public hearing to consider California’s 

requests for the 2007, 2010, 2012, and 

2013 OBD II Amendments, and that EPA 

is additionally accepting written 

comment on California’s waiver 

requests, and on the effect of the 2007, 

2010, 2012, and 2013 OBD II 

Amendments on the prior 1997 and 

2003 OBD II Amendments for which 

EPA previously took comments. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on January 14, 2015 at 10 a.m. 

ET. EPA will hold a hearing only if any 

party notifies EPA by December 15, 

2014 to express interest in presenting 

the Agency with oral testimony. Parties 

that wish to present oral testimony at 

the public hearing should provide 

written notice to David Read at the 

email address noted below. If EPA 

receives a request for a public hearing, 

that hearing will be held at the William 

Jefferson Clinton Building (North), 

Room 5530 at 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. If EPA 

does not receive a request for a public 

hearing, then EPA will not hold a 

hearing, and will instead consider 

CARB’s request based on written 

submissions to the docket. Any party 

may submit written comments until 

February 16, 2015. 

Any person who wishes to know 

whether a hearing will be held may call 

David Read at (734) 214–4367 on or 

after December 17, 2014. 


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