50500 Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Notices 

Section 609(c) of the Act states that by 

January 1, 1992, no person may service 

any motor vehicle air conditioner 

without being properly trained and 

certified, nor without using properly 

approved refrigerant handling 

equipment. To this end, 40 CFR 82.42(a) 

states that by January 1, 1993, each 

service provider must have submitted to 

EPA on a one-time basis a statement 

signed by the owner of the equipment 

or another responsible officer that 

provides the name of the equipment 

purchaser, the address of the service 

establishment where the equipment will 

be located, the manufacturer name, 

equipment model number, date of 

manufacture, and equipment serial 

number. The statement must also 

indicate that the equipment will be 

properly used in servicing motor vehicle 

air conditioners and that each 

individual authorized by the purchaser 

to perform service is property trained 

and certified. The information is used to 

verify compliance. 

Any person who owns approved 

refrigerant handling equipment must 

maintain records of the name and 

address of any facility to which 

refrigerant is sent and must retain 

records demonstrating that all persons 

authorized to operate the equipment are 

currently certified technicians. 

Finally, any person who sells or 

distributes a class I or class II refrigerant 

that is in a container of less than 20 

pounds must verify that the purchaser is 

a properly trained and certified 

technician, unless the purchase of small 

containers is for resale only. In that 

case, the seller must obtain a written 

statement from the purchaser that the 

containers are for resale only, and must 

indicate the purchaser’s name and 

business address. In all cases, the seller 

must display a sign where sales occur 

that states the certification requirements 

for purchasers. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average less than one hour 

per response. Burden means the total 

time, effort, or financial resources 

expended by persons to generate, 

maintain, retain, or disclose or provide 

information to or for a Federal agency. 

This includes the time needed to review 

instructions; develop, acquire, install, 

and utilize technology and systems for 

the purposes of collecting, validating, 

and verifying information, processing 

and maintaining information, and 

disclosing and providing information; 

adjust the existing ways to comply with 

any previously applicable instructions 

and requirements which have 

subsequently changed; train personnel 

to be able to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Affected Entities: Motor vehicle 

dealers, automobile parts stores, general 

automotive repair shops, and 

automotive repair shops not elsewhere 

classified. 

Estimated Number of Potential 

Respondents: 52,614. 

Frequency of Response: On occasion. 

Estimated Total Annual Hour Burden: 

4,523 hours. 

Estimated Total Annual Costs: 

$208,307. This includes $208,307 in 

labor costs and no capital or operation 

and maintenance costs. 

Changes in the Estimates: There is a 

decrease of 2,177 hours in the total 

estimated burden currently identified in 

the OMB Inventory of Approved ICR 

Burdens. There are three reasons for this 

decrease in burden hours. Today, it is 

estimated that there are only 600 

thousand R–12 MVACs on the road, or 

80% less than in 2008. Therefore, to 

account for the decreased market for 

small containers of CFC–12 refrigerant, 

this ICR estimates that the number of 

purchases for resale only by uncertified 

purchasers of small cans will be 80% 

less than in 2008. The second reason for 

the burden hours decrease is that CFC– 

12 refrigerant sent off-site for 

reclamation to an approved refrigerant 

reclaimed by owners of refrigerant 

recycling equipment certified under 40 

CFR 82.36(a) has decreased and is 

anticipated to continue decreasing due 

to the significant decline of CFC–12 

vehicles on road. The third reason for 

the burden hours decreased is that there 

are less approved technician 

certification programs in business than 

in the previous ICR. However, EPA 

anticipates a slow increase of one 

organization approval per year as new 

alternative refrigerants become available 

and new businesses become interested 

in certifying technicians for MVAC 

servicing for consideration. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2012–20505 Filed 8–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[AMS–FRL 9716–8] 

California State Nonroad Engine 

Pollution Control Standards; California 

Nonroad Compression Ignition 

Engines—In-Use Fleets; Authorization 

Request; 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 additional amendments to 

its emission standards for fleets that 

operate nonroad, diesel-fueled 

equipment with engines 25 horsepower 

(hp) and greater. EPA previously 

announced an opportunity for public 

hearing and written comment on 

CARB’s initial request for an 

authorization of its original regulations 

(73 FR 58585 (October 7, 2008) and 73 

FR 67509 (November 14, 2008)). EPA 

announced an additional opportunity 

for public hearing and written comment 

on certain CARB amendments to the 

original regulations (75 FR 11880 

(March 12, 2010)). By this notice EPA is 

announcing a completely new public 

hearing and written comment period. 

DATES: EPA has scheduled a public 

hearing on CARB’s request on 

September 20, 2012, beginning at 10:00 

a.m. The hearing will be held at 1310 L 

St. NW., Washington, DC 20005. Parties 

wishing to present oral testimony at the 

public hearing should provide written 

notification to David Dickinson at the 

address noted below. Should you have 

further questions regarding the hearing, 

please contact David Dickinson or you 

may consult the following Web site for 

any updates: http://www.epa.gov/otaq/

cafr.htm. Any party may submit written 

comment by October 22, 2012. 

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. 

• Email: 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 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Notices 50501 

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 

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, moved 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). 

4See 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). 

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 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 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. 

FOR FURTHER INFORMATION CONTACT: 

David Dickinson, Compliance 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

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 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 209.2

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

On August 8, 2008, CARB requested 

that EPA authorize California to enforce 

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 


pmangrum on DSK3VPTVN1PROD with NOTICES
50502 Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Notices 

6 73 FR 58585 (October 7, 2008) and 73 FR 67509 

(November 14, 2008). 

7 75 FR 1180 (March 12, 2010). 

8See EPA–HQ–OAR–2008–0691. CARB’s 

December 2010 amendments include provisions 

that delay the original implementation dates of the 

regulation by requiring large fleets to comply with 

emission reduction requirements by January 1, 

2014, medium fleets by January 1, 2017, and small 

fleets by January 1, 2019. 

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. Based on this request EPA 

noticed and conducted a public hearing 

on October 27, 2008, and provided an 

opportunity to submit written comment 

through December 19, 2008.6

On February 11, 2010 CARB 

requested that EPA grant California 

authorization to enforce its In-Use OffRoad Diesel-Fueled Fleets regulation as 

amended in: December 2008 (and 

formally adopted in California on 

October 19, 2009); January 2009 (and 

formally adopted in California on 

December 31, 2009); and, a certain 

subset of amendments adopted by the 

CARB Board in July 2009 in response to 

California Assembly Bill 8 2X (and 

formally adopted on December 3, 2009). 

In CARB’s February 11, 2010 request 

letter to EPA it also notes additional 

amendments adopted in July 2009 and 

not yet formally adopted by California’s 

Office of Administrative Law. Once this 

last subset of amendments was formally 

adopted CARB planned to submit them 

to EPA for subsequent consideration. 

Based on CARB’s February 11, 2010 

request, EPA noticed and conducted a 

public hearing on April 14, 2010, and 

provided an opportunity to submit 

written comment through May 18, 

2010.7

On March 1, 2012 CARB requested 

that EPA grant California authorization 

to enforce its In-Use Off-Road DieselFueled Fleets regulation as most 

recently amended in December 2010 

(and formally adopted in California on 

December 14, 2011).8

Based on CARB’s March 1, 2012 

request and its In-Use Off-Road DieselFueled Fleets regulation, EPA invites 

comment on 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. 

EPA is requiring that any entity that 

wishes EPA to consider either oral 

testimony or written comment provide 

such testimony or written comment in 

the context of today’s Federal Register 

notice. Therefore, EPA will not be 

considering oral testimony or written 

comments based on the prior Federal 

Register notices, since CARB’s 

December 2010 amendments are likely 

to affect many of these prior comments. 

To the extent any entity believes that its 

prior comments remain pertinent then 

EPA is requiring such comments be 

resubmitted or incorporated into new 

comments. 

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. 

Persons with comments containing 

proprietary information must 

distinguish such information from other 

comments to the greatest 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. 

Dated: August 9, 2012. 

Margo Tsirigotis Oge, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2012–20495 Filed 8–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL 9716–9] 

California State Nonroad Engine 

Pollution Control Standards; In-Use 

Heavy-Duty Vehicles (As Applicable to 

Yard Trucks and Two-Engine 

Sweepers); 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 and subsequently amended 

emission standards applicable to yard 

trucks powered by off-road engines and 

the auxiliary engines on two-engine 

sweepers. By letter dated March 2, 2012, 

CARB submitted a request seeking EPA 

authorization of these standards under 

section 209(e) of the Clean Air Act 

(CAA), 42 U.S.C. 7543(e). 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 September 20, 2012 

beginning at 10:00 a.m. The hearing will 

be held at 1310 L St NW., Washington, 

DC 20005. Parties wishing to present 

oral testimony at the public hearing 

should provide written notification to 

David Dickinson at the address noted 

below. Should you have further 

questions regarding the hearing, please 

contact David Dickinson or you may 

consult the following Web site for any 

updates: http://www.epa.gov/otaq/ 

cafr.htm. 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 

October 22, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2012–0335, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line 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– 

0335, Environmental Protection Agency, 

Mailcode: 6102T, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460. 

Please include a total of two copies. 


pmangrum on DSK3VPTVN1PROD with NOTICES