14484 Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments.

When preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. Registration Applications

EPA has received applications to

register pesticide products containing 

active ingredients not included in any 

currently registered pesticide products. 

Pursuant to the provisions of FIFRA 

section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA 

is hereby providing notice of receipt and 

opportunity to comment on these 

applications. Notice of receipt of these 

applications does not imply a decision 

by the Agency on these applications. 

For actions being evaluated under EPA’s 

public participation process for 

registration actions, there will be an 

additional opportunity for public 

comment on the proposed decisions. 

Please see EPA’s public participation 

website for additional information on 

this process (https://www2.epa.gov/ 

pesticide-registration/publicparticipation-process-registrationactions). 

New Active Ingredients 

1. File Symbol: 84059–GL. Docket ID

number: EPA–HQ–OPP–2023–0143. 

Applicant: Marrone Bio Innovations, 

Inc., 1540 Drew Ave., Davis, CA 95618. 

Product name: MBI–306 TGAI. Active 

ingredient: Insecticide, miticide, 

nematicide, and fungicide—Inactivated 

Burkholderia rinojensis A396 cells and 

spent fermentation media at 100%. 

Proposed use: For manufacturing use. 

Contact: BPPD. 

2. File Symbol: 84059–GU. Docket ID

number: EPA–HQ–OPP–2023–0143. 

Applicant: Marrone Bio Innovations, 

Inc., 1540 Drew Ave., Davis, CA 95618. 

Product name: MBI–306 EP. Active 

ingredient: Insecticide, miticide, 

nematicide, and fungicide—Inactivated 

Burkholderia rinojensis A396 cells and 

spent fermentation media at 94.46%. 

Proposed use: For indoor and outdoor 

agricultural use on crops and 

ornamentals, seed treatment, and indoor 

and outdoor residential use. Contact: 

BPPD. 

3. File Symbol: 95213–RA. Docket ID

number: EPA–HQ–OPP–2023–0650. 

Applicant: Indigo Ag, Inc., 500 

Rutherford Ave., Charlestown, MA 

02129. Product name: Indigo 451 FP. 

Active ingredient: Fungicide— 

Trichoderma hamatum strain 

SYM37537 at 15%. Proposed use: For 

use as a seed treatment to protect 

against and control fungal diseases on 

food crops. Contact: BPPD. 

4. File Symbol: 95213–RL. Docket ID

number: EPA–HQ–OPP–2023–0650. 

Applicant: Indigo Ag, Inc., 500 

Rutherford Ave., Charlestown, MA 

02129. Product name: Trichoderma 

hamatum strain SYM37537 Technical. 

Active ingredient: Fungicide— 

Trichoderma hamatum strain 

SYM37537 at 100%. Proposed use: For 

manufacturing use in a seed treatment 

pesticide product. Contact: BPPD. 

Authority: 7 U.S.C. 136 et seq. 

Dated: February 13, 2024. 

Delores Barber, 

Director, Information Technology and 

Resources Management Division, Office of 

Program Support. 

[FR Doc. 2024–03893 Filed 2–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–11737–01–OAR] 

California State Nonroad Engine 

Pollution Control Standards; In-Use 

Locomotive Regulation; Requests for 

Authorization; 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 the EPA that 

it has adopted its In-Use Locomotive 

Regulation. By letter dated November 7, 

2023, CARB requested that the EPA 

authorize the In-Use Locomotive 

Regulation pursuant to section 209(e) of 

the Clean Air Act (CAA). This notice 

announces that the EPA will hold a 

public hearing to consider California’s 

authorization request and that the EPA 

is now accepting written comments on 

the request. 

DATES: 

Comments: Written comments must 

be received on or before April 22, 2024. 

Public Hearing: The EPA will hold a 

public hearing on March 20, 2024. See 

SUPPLEMENTARY INFORMATION for further 

information on the virtual public 

hearing and registration. Additional 

information regarding the virtual public 

hearing and this action can be found at: 

https://www.epa.gov/regulationsemissions-vehicles-and-engines/virtualpublic-hearing-californias-uselocomotive. 

ADDRESSES: 

Comments: You may submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2023–0574 by any of the 

following methods: 

• Federal eRulemaking Portal:

https://www.regulations.gov (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: a-and-r-docket@epa.gov.

• Mail: U.S. Environmental

Protection Agency, EPA Docket Center, 

OAR, Docket EPA–HQ–OAR–2023– 

0574, Mail Code 28221T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

• Hand Delivery or Courier (by

scheduled appointment only): EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m.–4:30 p.m., Monday–Friday (except

federal holidays).

Instructions: All submissions received 

must include the Docket ID No. for this 

action. Comments received may be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the process for this action, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. For the full EPA public 

comment policy, information about 

confidential business information (CBI) 

or multimedia submissions, and general 

guidance on making effective 

comments, please visit: http://

www.epa.gov/dockets/commenting-epadockets. 

Public Hearing: The virtual public 

hearing will be held on March 20, 2024. 

The hearing will begin at 10 a.m. eastern 

daylight time and will end when all 

parties who wish to speak have had an 

opportunity to do so. All hearing 

attendees (including even those who do 

not intend to provide testimony) should 

register for the public hearing March 13, 

2024. Information on how to register for 

the virtual hearing can be found at 

https://www.epa.gov/regulationsemissions-vehicles-and-engines/virtualpublic-hearing-californias-uselocomotive. 

FOR FURTHER INFORMATION CONTACT: 

David Dickinson, Office of 


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Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices 14485 

1Title 13, California Code of Regulations, section 

2478. 

2CARB’s Authorization Support Document at 3– 

4 (EPA Docket: EPA–HQ–OAR–2023–0574). A full 

description of CARB’s In-Use Locomotive 

Regulation can be found in the Authorization 

Support Document submitted by CARB along with 

associated attachments that can be found in the 

EPA docket for this matter. 

3CARB’s Authorization Support Document at 4– 

5. 

4CARB explains the ZE Configuration concept in 

its Authorization Support Document at 4 (‘‘an 

operational configuration for the locomotive that 

emits no pollution, regardless of whether the 

locomotive might emit pollution when operated 

differently’’). 

5CARB Authorization Support Document at 5–6. 

6 Id. at 6. 

7 Id. at 7. 

8 Id. 

9 Id. at 8. 

10 42 U.S.C. 7543(e)(1). 

11 42 U.S.C. 7543(e)(2)(A). 

12 59 FR 36969 (July 20, 1994). 

13 62 FR 67733 (December 30, 1997). The 

preemption regulations were later transcribed at 40 

CFR part 1074; see 73 FR 59034 (Oct. 8, 2008). 

14 59 FR 36969 (July 20, 1994). 

Transportation and Air Quality, U.S. 

Environmental Protection Agency; 

Telephone number: (202) 343–9256; 

Email address: dickinson.david@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. CARB’s Authorization Request 

CARB’s November 7, 2023, letter to 

the EPA Administrator notified the EPA 

that CARB had finalized its In-Use 

Locomotive Regulation.1 The In-Use 

Locomotive Regulation, adopted by the 

Board on April 27, 2023, (approved by 

California’s Office of Administrative 

Law (OAL) on October 27, 2023, and 

becoming effective on January 1, 2024) 

contains several provisions that apply to 

any locomotive operator that operates a 

locomotive in the State of California or 

to a delegate of that operator and applies 

only to locomotives and locomotive 

engines placed into service in California 

and only to an operator or delegate’s 

operations inside California.2 The 

explanation of the In-Use Locomotive 

Regulation provided below is based on 

CARB’s description of its regulation and 

is not an exhaustive list of the 

requirements (interested parties are 

encouraged to review CARB’s 

rulemaking record contained in its 

authorization request and found in the 

EPA’s docket associated with the review 

of the authorization request). 

The In-Use Locomotive Regulation 

includes a ‘‘Spending Account’’ 

provision, whereby annually, for each 

locomotive operated in California, 

locomotive operators are required to 

deposit funds into a Spending Account. 

The account operates as a restricted 

trust, held by the locomotive operator, 

with the funds able to be withdrawn for 

specific uses described within the 

regulation.3

The In-Use Locomotive Regulation 

also includes an ‘‘In-Use Locomotive 

Operational Requirement’’ that 

according to CARB starts January 1, 

2030, and allows only locomotives with 

an original engine build date less than 

23 years old to operate in California 

excepting locomotives that meet the 

current cleanest EPA Tier (currently 

Tier 4) of emission standards for a 

locomotive of its type, that are operated 

in a Zero Emission (ZE) configuration 

while in California,4 or that satisfy other 

specified conditions. CARB’s 

authorization request notes that if a 

locomotive has been remanufactured or 

repowered to a Tier 4 or cleaner 

emissions standard prior to January 1, 

2030, the original engine build date will 

be based on the first year the locomotive 

was remanufactured to the Tier 4 or 

cleaner standard.5

As an alternative to the spending 

account and the operational 

requirements, the In-Use Locomotive 

Regulation includes an ‘‘Alternative 

Compliance Plan (ACP)’’ provision that 

allows regulated locomotive operators to 

comply with the Spending Account 

and/or In-Use Operational Requirements 

using a project or projects that achieve 

equivalent emissions reductions within 

three miles of the operators’ locomotive 

activities within California.6

The In-Use Locomotive Regulation 

includes an idling requirement. 

According to CARB, locomotive 

‘‘operators must ensure that an 

Automatic Engine Stop Start (AESS) 

equipped locomotive is shut off no more 

than 30 minutes after the locomotive 

becomes stationary. A locomotive may 

only exceed 30 minutes of idling for the 

following reasons: to prevent engine 

damage such as to prevent the engine 

coolant from freezing; to maintain air 

pressure for brakes or starter system, or 

to recharge the locomotive battery; to 

perform necessary maintenance; or to 

otherwise comply with federal or state 

regulations.’’ 7

CARB’s regulation also imposes 

registration, reporting and 

recordkeeping requirements on 

locomotive operators for all locomotive 

activity in California. Locomotive 

operators are required to register all 

locomotives operating within the State 

by July 1, 2026.8

CARB’s authorization request also 

includes a description of compliance 

exemptions and extensions that are 

provided to locomotive operators for 

enhanced flexibility to comply with the 

Spending Account and In-Use 

Operational Requirements.9

II. Scope of Preemption and Criteria for 

an Authorization Under the Clean Air 

Act 

Section 209(e)(1) of the CAA prohibits 

all states and local governments from 

adopting or attempting to enforce any 

standard or other requirement relating 

to the control of emissions from certain 

types of new nonroad engines or 

nonroad vehicles, including both ‘‘(A) 

New engines which are used in 

construction equipment or vehicles or 

used in farm equipment or vehicles and 

which are smaller than 175 

horsepower’’ and ‘‘(B) New locomotives 

or new engines used in locomotives.’’ 10

Section 209(e)(2)(A) of the CAA, 

however, requires the Administrator, 

after notice and opportunity for public 

hearing, to authorize California to adopt 

and enforce standards and other 

requirements relating to the control of 

emissions from nonroad engines and 

vehicles otherwise not prohibited under 

section 209(e)(1) if California 

determines that California standards 

will be, in the aggregate, at least as 

protective of public health and welfare 

as are applicable Federal standards. 

However, the EPA shall not grant such 

authorization if it 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 

[CAA section 209].11

On July 20, 1994, the EPA 

promulgated a rule that sets forth, 

among other things, regulations 

providing the criteria, as found in 

section 209(e)(2)(A), that the EPA must 

consider before granting any California 

authorization request for nonroad 

engine or vehicle emission standards.12

The EPA revised these regulations in 

1997.13 As stated in the preamble to the 

1994 rule, the EPA has historically 

interpreted the section 209(e)(2)(A)(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 the EPA has 

interpreted that subsection in the 

context of section 209(b) motor vehicle 

waivers).14 In addition, on November 8, 

2023, the EPA revised the regulatory 

language regarding the scope of 


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14486 Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices 

15 88 FR 77004 (November 8, 2023). In this 

authorization action, the EPA is not reopening the 

locomotive preemption rulemaking from November 

8, 2023. Any public comments on the rulemaking 

that are not germane to this authorization action 

may not be addressed in the EPA’s final decision 

regarding CARB’s authorization request. 

16 78 FR 58090, 58092 (September 20, 2013). 

preemption pertaining to locomotives 

within section 209(e)(1)(B).15 The action 

taken in the rulemaking was to align the 

scope of preemption applicable to new 

locomotives and new engines used in 

locomotives to be the same as the scope 

of preemption for other new nonroad 

engines and vehicles preempted within 

section 209(e)(1)(A). The scope of 

preemption applicable to new 

locomotives can be found at 40 CFR 

1074.10, and the criteria for granting 

California authorization requests can be 

found at 40 CFR 1074.105. Provisions 

pertaining to the adoption of California 

nonroad standards by other states can be 

found at 40 CFR 1074.110. 

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 (such 

as ‘‘. . .any standard or other 

requirement relation to the control of 

emissions from . . .(B) New 

locomotives or new engines used in 

locomotives.’’). 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.16

III. EPA’s Request for Comments

We request comment on whether

California’s In-Use Locomotive 

Regulation meets the criteria for an EPA 

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. As explained above, the EPA 

considers several provisions with regard 

to the consistency with section 209 of 

the Act criterion. 

IV. Procedures for Public Participation

The virtual public hearing will be

held on March 20, 2024. The hearing 

will begin at 10 a.m. eastern daylight 

time. All hearing attendees (including 

those who do not intend to provide 

testimony and merely listen) should 

register for the public hearing at: https:// 

www.epa.gov/regulations-emissionsvehicles-and-engines/virtual-publichearing-californias-use-locomotive. 

Those seeking to register should do so 

by March 13, 2024. If you require the 

services of a translator or special 

accommodations such as American Sign 

Language, please pre-register for the 

hearing and describe your needs by 

March 13, 2024. The EPA may not be 

able to arrange accommodations without 

advance notice. Please note that any 

updates made to any aspect of the 

hearing will be posted online at: https:// 

www.epa.gov/regulations-emissionsvehicles-and-engines/virtual-publichearing-californias-use-locomotive. 

While the EPA expects the hearing to go 

forward as set forth above, please 

monitor the website or contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

determine if there are any updates. The 

EPA does not intend to publish a 

document in the Federal Register 

announcing updates. 

Each commenter will have 3 minutes 

to provide oral testimony. The EPA may 

ask clarifying questions during the oral 

presentations but will not respond to 

the presentations at that time. The EPA 

recommends submitting the text of your 

oral comments as written comments to 

the docket for this action. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as oral comments and supporting 

information presented at the public 

hearing. The Agency will make a 

verbatim record of the proceedings at 

the hearing that will be placed in the 

docket. The EPA will keep the record 

open until April 22, 2024. After 

expiration of the comment period, the 

Administrator will render a decision on 

CARB’s request based on the record of 

the public hearing, relevant written 

submissions, and other information that 

he deems pertinent. 

Karl Simon, 

Director, Transportation Climate Division, 

Office of Transportation and Air Quality. 

[FR Doc. 2024–03955 Filed 2–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–11758–01–R3] 

Clean Air Act Operating Permit 

Program; Order on Petition for 

Objection to State Operating Permit for 

Covanta Delaware Valley LP, Delaware 

Valley Resource Recovery 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final order on petition. 

SUMMARY: The Environmental Protection 

Agency (EPA) Administrator signed an 

order dated November 2, 2023 granting 

in part and denying in part a petition 

dated June 23, 2023 from the 

Environmental Integrity Project, Clean 

Air Council, and Sierra Club. The 

petition requested that the EPA object to 

a Clean Air Act (CAA) title V operating 

permit issued by the Pennsylvania 

Department of Environmental Protection 

(PADEP) to Covanta Delaware Valley 

LP, Delaware Valley Resource Recovery 

for its waste-to-energy plant located in 

the City of Chester, Delaware County, 

Pennsylvania. 

FOR FURTHER INFORMATION CONTACT: Paul 

Entwistle, Permits Branch, Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1600 John 

F. Kennedy Boulevard, Philadelphia,

Pennsylvania 19103. The telephone

number is (215) 814–2343. Mr.

Entwistle can also be reached via

electronic mail at entwistle.paul@

epa.gov. The final order and petition are

available electronically at: https://

www.epa.gov/title-v-operating-permits/

title-v-petition-database.

SUPPLEMENTARY INFORMATION: The EPA

received a petition from the

Environmental Integrity Project, Clean

Air Council, and Sierra Club dated June

23, 2023, requesting that the EPA object

to the issuance of operating permit no.

23–00004, issued by PADEP to Covanta

Delaware Valley LP, Delaware Valley

Resource Recovery in the City of

Chester, Delaware County,

Pennsylvania. On November 2, 2023,

the EPA Administrator issued an order

granting in part and denying in part the


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