52682 Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices 

to review EPA’s issuance of the waiver. The court 

dismissed the petition on November 25, 2015. 

3To 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 the state and the federal 

requirements with the same test vehicle in the 

course of the same test. See, e.g., 43 FR 32182 (July 

25, 1978). 

GHG regulation includes the regulation 

of certain trailers associated with heavyduty vehicles and engines. CARB 

amended the Tractor-Trailer GHG 

regulation in conjunction with its 

adoption of the Phase 1 GHG regulation 

(which only addresses vehicles and 

engines) to ensure that California’s GHG 

requirements for new medium and 

heavy-duty engines and vehicles are 

consistent with the corresponding 

requirements of EPA’s Phase 1 GHG 

regulation (that addresses engines and 

vehicles). 

(B) Scope of Preemption and Criteria 

for a Waiver Under the Clean Air Act 

Section 209(a) of the Clean Air Act, as 

amended (‘‘Act’’), 42 U.S.C. 7543(a), 

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. 

Section 209(b) of the Act requires the 

Administrator, after notice and 

opportunity for public hearing, to waive 

application of the prohibitions of 

section 209(a) for any state that has 

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 the state standards will be, in the 

aggregate, at least as protective of public 

health and welfare as applicable federal 

standards. California is the only state 

that is qualified to seek and receive a 

waiver under section 209(b). EPA must 

grant a waiver unless the Administrator 

finds that (A) the determination of the 

state is arbitrary and capricious, (B) the 

state does not need the state standards 

to meet compelling and extraordinary 

conditions, or (C) the state 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 

maintained 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.3

(C) Request for Comment 

EPA invites comment on CARB’s 

request for a waiver for the California 

Phase 1 GHG regulation under the 

following three criteria: 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. 

Procedures for Public Participation 

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. EPA 

will keep the record open until 

November 1, 2016. Upon 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 

she deems pertinent. 

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 public 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 3, 2016. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2016–18868 Filed 8–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9950–42–OA] 

Request for Nominations for a Science 

Advisory Board Panel To Review Risk 

and Technology Review Screening 

Methods 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA Science Advisory 

Board (SAB) Staff Office requests public 

nominations of scientific experts to form 

a Panel to review the draft EPA report 

entitled ‘‘Screening Methodologies to 

Support Risk and Technology Reviews 

(RTR).’’ This draft report describes 

newly developed screening methods 

designed to assess the risk to public 

health and the environment that would 

remain after stationary sources of 

hazardous air pollutants come into 

compliance with the EPA’s Maximum 

Available Control Technologies (MACT) 

standards. 

DATES: Nominations should be 

submitted by August 30, 2016 per the 

instructions below. 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public wishing further 

information regarding this Notice and 

Request for Nominations may contact 

the Designated Federal Officer. 

Nominators unable to submit 

nominations electronically as described 

below may contact the Designated 

Federal Officer for assistance. General 

information concerning the EPA SAB 

can be found at the EPA SAB Web site 

at http://www.epa.gov/sab. 

SUPPLEMENTARY INFORMATION: 

Background: The SAB (42 U.S.C. 

4365) is a chartered Federal Advisory 

Committee that provides independent 

scientific and technical peer review, 

advice, and recommendations to the 

EPA Administrator on the technical 

basis for EPA actions. As a Federal 

Advisory Committee, the SAB conducts 

business in accordance with the Federal 

Advisory Committee Act (FACA) (5 

U.S.C. App. 2) and related regulations. 

The SAB RTR Methods Review Panel 

will provide advice through the 

chartered SAB on scientific and 

technical issues related to assessing 

risks to public health and the 


asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices 52683 

environment from hazardous air 

pollutants. The SAB and this Panel will 

comply with the provisions of FACA 

and all appropriate SAB Staff Office 

procedural policies. 

EPA’s Office of Air and Radiation 

(OAR) has prepared a draft report 

entitled ‘‘Screening Methodologies to 

Support Risk and Technology Reviews 

(RTR): A Case Study Analysis.’’ The 

Clean Air Act (CAA) establishes a twostage regulatory process for addressing 

emissions of hazardous air pollutants 

(HAPs) from stationary sources. In the 

first stage, the CAA requires the EPA to 

develop technology-based standards, 

known as Maximum Achievable Control 

Technology (MACT) standards, for 

categories of industrial sources. In the 

second stage, the EPA must review each 

MACT standard at least every eight 

years and revise them as necessary, 

taking into account developments in 

practices, processes and control 

technologies. EPA must also conduct an 

assessment of the health and 

environmental risks that remain after 

stationary sources come into 

compliance with the MACT standards. 

Periodically, the SAB is asked to review 

the methods that OAR uses to estimate 

risks as these methods evolve or as new 

methods are developed. Thus, OAR has 

requested the SAB to review EPA’s draft 

report that describes newly enhanced 

screening methods designed to estimate 

the potential risks to public health and 

the environment that would remain 

after stationary sources of HAPs come 

into compliance with EPA’s MACT 

standards. These include screening 

methods to estimate the potential for 

multi-pathway risks (e.g., ingestion, 

inhalation) from persistent and 

bioaccumulative HAPs, screening 

methods to estimate potential 

environmental risks, and recent 

enhancements to the EPA’s inhalation 

risk assessment methodology. The SAB 

Staff Office is forming an expert panel, 

the SAB RTR Methods Review Panel, 

under the auspices of the Chartered SAB 

to conduct this review. 

Technical Contact for EPA’s draft 

report: For information concerning the 

draft report ‘‘Screening Methodologies 

to Support Risk and Technology 

Reviews (RTR): A Case Study Analysis’’ 

please contact Dr. Michael Stewart by 

email at stewart.michael@epa.gov or 

phone (919) 541–7524. 

Request for Nominations: The SAB 

Staff Office is seeking nominations of 

nationally and internationally 

recognized scientists with demonstrated 

expertise in the following disciplines: 

Human health risk assessment, 

ecological risk assessment, exposure 

assessment, toxicology, ecology, aquatic 

toxicology, air toxics, and dispersion 

modeling. Additional information about 

this advisory activity is available on the 

SAB Web site at http://yosemite.

epa.gov/sab/sabproduct.nsf/fedrgstr_

activites/RTR%20Screening%20

Methods%20Review?OpenDocument. 

Questions regarding this advisory 

activity should be directed to Dr. Suhair 

Shallal, Designated Federal Officer 

(DFO), SAB Staff Office, by telephone/ 

voice mail at (202) 564–2057, by fax at 

(202) 565–2098, or via email at 

shallal.suhair@epa.gov. 

Process and Deadline for Submitting 

Nominations: Any interested person or 

organization may nominate qualified 

individuals in the areas of expertise 

described above for possible service on 

the SAB RTR Methods Review Panel 

identified in this notice. Individuals 

may self-nominate. Nominations should 

be submitted in electronic format 

(preferred over hard copy) following the 

instructions for ‘‘Nominating Experts to 

Advisory Panels and Ad Hoc 

Committees Being Formed,’’ provided 

on the SAB Web site (see the 

‘‘Nomination of Experts’’ link under 

‘‘Current Activities’’ at http://www.epa.

gov/sab). To receive full consideration, 

nominations should include all of the 

information requested below. 

EPA’s SAB Staff Office requests 

contact information about the person 

making the nomination; contact 

information about the nominee; the 

disciplinary and specific areas of 

expertise of the nominee; the nominee’s 

resume or curriculum vitae; sources of 

recent grant and/or contract support; 

and a biographical sketch of the 

nominee indicating current position, 

educational background, research 

activities, and recent service on other 

national advisory committees or 

national professional organizations. 

Persons having questions about the 

nomination procedures, or who are 

unable to submit nominations through 

the SAB Web site, should contact Dr. 

Shallal as indicated above in this notice. 

Nominations should be submitted in 

time to arrive no later than August 30, 

2016. EPA values and welcomes 

diversity. In an effort to obtain 

nominations of diverse candidates, EPA 

encourages nominations of women and 

men of all racial and ethnic groups. 

The EPA SAB Staff Office will 

acknowledge receipt of nominations. 

The names and biosketches of qualified 

nominees identified by respondents to 

this Federal Register notice, and 

additional experts identified by the SAB 

Staff Office, will be posted in a List of 

Candidates for the panel on the SAB 

Web site at http://www.epa.gov/sab. 

Public comments on the List of 

Candidates will be accepted for 21 days. 

The public will be requested to provide 

relevant information or other 

documentation on nominees that the 

SAB Staff Office should consider in 

evaluating candidates. 

For the EPA SAB Staff Office a 

balanced review panel includes 

candidates who possess the necessary 

domains of knowledge, the relevant 

scientific perspectives (which, among 

other factors, can be influenced by work 

history and affiliation), and the 

collective breadth of experience to 

adequately address the charge. In 

forming the expert panel, the SAB Staff 

Office will consider public comments 

on the Lists of Candidates, information 

provided by the candidates themselves, 

and background information 

independently gathered by the SAB 

Staff Office. Selection criteria to be used 

for panel membership include: (a) 

Scientific and/or technical expertise, 

knowledge, and experience (primary 

factors); (b) availability and willingness 

to serve; (c) absence of financial 

conflicts of interest; (d) absence of an 

appearance of a loss of impartiality; (e) 

skills working in committees, 

subcommittees and advisory panels; 

and, (f) for the panel as a whole, 

diversity of expertise and scientific 

points of view. 

The SAB Staff Office’s evaluation of 

an absence of financial conflicts of 

interest will include a review of the 

‘‘Confidential Financial Disclosure 

Form for Environmental Protection 

Agency Special Government 

Employees’’ (EPA Form 3110–48). This 

confidential form allows government 

officials to determine whether there is a 

statutory conflict between a person’s 

public responsibilities (which include 

membership on an EPA federal advisory 

committee) and private interests and 

activities, or the appearance of a loss of 

impartiality, as defined by federal 

regulation. The form may be viewed and 

downloaded from the following URL 

address http://yosemite.epa.gov/sab/sab

product.nsf/Web/ethics?Open

Document. 

The approved policy under which the 

EPA SAB Office selects members for 

subcommittees and review panels is 

described in the following document: 

Overview of the Panel Formation 

Process at the Environmental Protection 

Agency Science Advisory Board (EPA– 

SAB–EC–02–010), which is posted on 

the SAB Web site at https://yosemite.

epa.gov/sab/sabproduct.nsf/WebFiles/

OverviewPanelForm/$File/ec02010.pdf. 


asabaliauskas on DSK3SPTVN1PROD with NOTICES
52684 Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices 

Dated: August 3, 2016. 

Thomas H. Brennan, 

Deputy Director, Science Advisory Board Staff 

Office. 

[FR Doc. 2016–18881 Filed 8–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2015–0224; FRL–9950–43– 

OAR] 

California State Nonroad Engine 

Pollution Control Standards; 

Evaporative Emission Standards and 

Test Procedures for Off-Highway 

Recreational Vehicles (OHRVs); 

Request 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 EPA that it 

has adopted amendments to its offhighway recreational vehicles (ORVR) 

regulation that establish new 

evaporative emission standards and 

associated test procedures for 2018 and 

subsequent model year OHRVs (OHRV 

Evaporative Emission Amendments). By 

letter dated February 26, 2016, CARB 

asked that EPA authorize these 

amendments pursuant to section 209(e) 

of the Clean Air Act. This notice 

announces that EPA has tentatively 

scheduled a public hearing to consider 

California’s authorization 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 September 28, 2016. at 10 

a.m. EPA will hold a hearing only if any 

party notifies EPA by September 21, 

2016 to express interest in presenting 

the Agency with oral testimony. Parties 

wishing to present oral testimony at the 

public hearing should provide written 

notice to David Dickinson 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 5528 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 

instead will consider CARB’s request 

based on written submissions to the 

docket. Any party may submit written 

comments until November 1, 2016. 

Any person who wishes to know 

whether a hearing will be held may call 

David Dickinson at (202) 343–9256 on 

or after September 21, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2016–0181, by one of the 

following methods: 

• Online at: http://

www.regulations.gov: Follow the Online 

Instructions for Submitting Comments. 

• Email: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2016– 

0181, U.S. Environmental Protection 

Agency, Mail code: 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. 

Online Instructions for Submitting 

Comments: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2016– 

0181. 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–2016–0181. 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-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, in the ‘‘Enter Keyword or ID’’ fillin 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. 

FOR FURTHER INFORMATION CONTACT: 

David Dickinson (6405J), Office of 

Transportation and Air Quality, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. Telephone: (202) 343–9256. 

Fax: (202) 343–2804. Email: 

dickinson.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

(A) CARB’s Authorization Request for 

Its OHRV Evaporative Emission 

Amendments 

The California OHRV category 

encompasses a wide variety of vehicles, 

including off-road motorcycles, allterrain vehicles (ATVs), off-road sport 

and utility vehicles, sand cars, and golf 

carts. CARB’s OHRV Evaporative 


asabaliauskas on DSK3SPTVN1PROD with NOTICES