Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Notices 71791 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2015–0224; FRL–9939–16– 

OAR] 

California State Nonroad Engine 

Pollution Control Standards; In-Use 

Diesel-Fueled Transport Refrigeration 

Units (TRUs) and TRU Generator Sets 

and Facilities Where TRUs Operate; 

Request for Within-the-Scope and Full 

Authorization; Opportunity for Public 

Hearing and Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The California Air Resources 

Board (CARB) has notified the 

Environmental Protection Agency (EPA) 

that it has adopted amendments to its 

In-Use Diesel-Fueled Transport 

Refrigeration Units (TRUs) and TRU 

Generator Sets and Facilities Where 

TRUs Operate (together ‘‘2011 TRU 

Amendments’’) regulation. By letter 

dated March 2, 2015, CARB asked that 

EPA authorize these amendments 

pursuant to section 209(e) of the Clean 

Air Act. CARB seeks confirmation that 

certain 2011 TRU Amendments are 

within the scope of prior authorizations 

issued by EPA, or, in the alternative, 

that such amendments merit full 

authorization. CARB also seeks a full 

authorization for other 2011 TRU 

Amendments. This notice announces 

that EPA has tentatively scheduled a 

public hearing to consider California’s 

authorization request for the 2011 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 6, 2016, at 10 a.m. 

ET. EPA will hold a hearing only if any 

party notifies EPA by December 15, 

2015 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 February 8, 2016. 

Any person who wishes to know 

whether a hearing will be held may call 

David Dickinson at (202) 343–9256 on 

or after December 16, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2015–0224, 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–2015– 

0224, 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–2015– 

0224. 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–2015–0224. 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. 

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 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 Dickinson, Attorney-Advisor, 

Transportation and Climate Division, 

Office of Transportation and Air 

Quality, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

(6405J), Washington, DC 20460. 

Telephone: (202) 343–9256. Fax: (202) 

343–2804. Email: dickinson.david@

epa.gov. 

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71792 Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Notices 

1CARB’s amended regulation is codified at 

California Code of Regulations (CCR), title 13, 

section 2477. EPA granted California a full 

authorization for the initial TRU regulation in 2009 

(74 FR 3030 (January 16, 2009)). EPA confirmed 

California’s 2010 amendments were within the 

scope of the initial TRU authorization in 2013 (78 

FR 38970 (June 28, 2013)). 

2The 2011 TRU Amendments also provide an 

extension of applicable compliance dates should 

compliant technology not be available. 

3For a complete description of CARB’s amended 

TRU regulation and the provisions which CARB 

seeks EPA’s authorization see CARB’s incoming 

request to EPA (and accompanying documents) 

submitted to the public docket at EPA–HQ–OAR– 

2015–0224. 

4These new exemptions are listed in section II G 

of CARB’s authorization request, EPA–HQ–OAR– 

2015–0224–0002 at p. 12–13. 

5These amendments to the TRU accompanying 

enforcement procedures are listed in CARB’s 

authorization request, EPA–HQ–OAR–2015–0244– 

0002 at p. 24. 

6These amendments to the TRU accompanying 

enforcement procedures are listed in CARB’s 

authorization request, EPA–HQ–OAR–2015–0224– 

0002 at p. 25. 

7EPA’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). 

8 59 FR 36969 (July 20, 1994). 

9 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 to authorize 

California 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. 

10 59 FR 36969 (July 20, 1994). 

SUPPLEMENTARY INFORMATION: 

I. California’s TRU Regulations; 

Within-the-Scope Request and Request 

for Full Authorization 

CARB’s TRU regulations require TRU 

engines to meet in-use standards that 

vary by horsepower (hp) range and have 

two levels of emissions stringency 

(LETRU and ULETRU—low-emission 

and ultra-low emission transportation 

refrigeration units, respectively) that are 

phased in over time.1 The 2011 

Amendments provide owners of 2001 

through 2003 model year (MY) TRU 

engines that complied with the LETRU 

in-use performance standards by 

specified compliance deadlines a oneyear extension of the deadline to 

comply with the more stringent 

ULETRU in-use performance 

standards.2 The 2011 Amendments also 

clarify manual recordkeeping 

requirements for electric standbyequipped TRUs and ultimately require 

automated electronic tracking system 

requirements for such TRUs; establish 

requirements for businesses that 

arrange, hire, contract, or dispatch the 

transport of goods in TRU-equipped 

trucks, trailers or containers; and 

address other issues that arose during 

the initial implementation of the TRU 

regulation.3

By letter dated March 2, 2015, CARB 

submitted a request to EPA pursuant to 

section 209(e) of the Clean Air Act (CAA 

or the Act) for confirmation that its 2011 

Amendments fall within the scope of 

EPA’s previous authorizations, or, in the 

alternate, a full authorization for those 

amendments. Included in the withinthe-scope request are the 2011 

Amendments that (1) extend the 

ULETRU compliance date for MY 2003 

and older TRUs that complied with the 

LETRU standard by specified dates; (2) 

extend compliance dates when 

compliant technology is unavailable or 

delayed for certain reasons; (3) establish 

new exemptions; 4 and (4) allow in-use 

performance standards and associated 

compliance deadlines to be based on the 

year the TRU was manufactured instead 

of the TRU engine model year. CARB 

also seeks within-the-scope 

confirmation that certain amendments 

to its accompanying enforcement 

procedures are within the scope of prior 

EPA authorizations.5 CARB seeks a full 

authorization for a subset of the 2011 

Amendments that set forth requirements 

for repowering TRUs with new 

replacement engines and that allow 

owners to repower TRUs with rebuilt 

engines meeting certain requirements. 

CARB also seeks a full authorization for 

a series amendments to the TRU 

accompanying enforcement 

procedures.6

II. Clean Air Act Nonroad Engine and 

Vehicle Authorizations 

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

states and local governments from 

adopting or attempting to enforce any 

standard or requirement relating to the 

control of emissions from certain types 

of new nonroad vehicles or engines. The 

Act also preempts states from adopting 

and enforcing standards and other 

requirements related to the control of 

emissions from other types of new 

nonroad vehicles or engines as well as 

non-new nonroad engines or vehicles. 

Section 209(e)(2), 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 such preempted 

vehicles or engines if California 

determines that California standards 

will be, in the aggregate, at least as 

protective of public health and welfare 

as applicable Federal standards. 

However, 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].7 In addition, other 

states with air quality attainment plans 

may adopt and enforce such regulations 

if the standards and the 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.8 EPA revised these 

regulations in 1997.9 As stated in the 

preamble to the 1994 rule, 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 EPA has interpreted that 

subsection in the context of section 

209(b) motor vehicle waivers).10

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 

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Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Notices 71793 

11 Id. See also 78 FR 58090, 58092 (September 20, 

2013). 

12See 78 FR 38970, 38972 (June 28, 2013). 

13See CAA section 209(e)(2)(A)(i) and (iii), 42 

U.S.C. 7543(e)(2)(A) (i) and (iii). 

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.11

If California amends regulations that 

EPA has already authorized, California 

can seek EPA confirmation that the 

amendments are within the scope of the 

previous authorization. A within-thescope confirmation, without a full 

authorization review, is permissible if 

three conditions are met.12 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. 

In considering whether to grant 

authorizations for accompanying 

enforcement procedures tied to 

standards for which an authorization 

has already been granted, EPA addresses 

questions as to whether the enforcement 

procedures undermine California’s 

determination that its standards are as 

protective of public health and welfare 

as applicable federal standards, and 

whether the enforcement procedures are 

consistent with section 202(a).13

III. EPA’s Request for Comments 

As stated above, EPA is offering the 

opportunity for a public hearing, and is 

requesting written comment on issues 

relevant to a within-the-scope analysis 

and a full authorization analysis. 

Specifically, we request comment on 

whether the 2011 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; or (3) raise 

any other new issues affecting EPA’s 

previous waiver or authorization 

determinations. 

Should any party believe that the 

amendments are not within the scope of 

the previous authorizations, EPA also 

requests comment on whether the 2011 

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 February 8, 2016. 

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–2015–0224. 

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 9, 2015. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2015–29368 Filed 11–16–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9937–19–OECA] 

National Environmental Justice 

Advisory Council; Notification of 

Public Teleconference Meetings and 

Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act (FACA), Public 

Law 92–463, the U.S. Environmental 

Protection Agency (EPA) hereby 

provides notice that the National 

Environmental Justice Advisory Council 

(NEJAC) will host a two (2) public 

teleconference meetings on Wednesday, 

December 2, 2015, from 12:30 p.m. to 

2:30 p.m. Eastern Time and Tuesday, 

December 15, 2015, from 3:30 p.m. to 

5:30 p.m. Eastern Time. Items to be 

discussed by NEJAC over these coming 

meetings include respectively: U.S. 

Housing and Urban Development Final 

Rule on Affirmatively Furthering Fair 

Housing and Assessment Tool; and 

Chemical Plant Safety and Community 

Revitalization: 20 Years of the 

Brownfields Program. 

There will be an opportunity for the 

public to comment on Wednesday, 

December 2, 2015, from 1:30 p.m. to 

2:30 p.m. and Tuesday, December 15, 

2015 from 4:30 p.m. to 5:30 p.m. 

Members of the public are encouraged 

to provide comments relevant to the 

topics of the meeting. 

For additional information about 

registering to attend the meeting or to 

provide public comment, please see 

‘‘REGISTRATION’’ under 

SUPPLEMENTARY INFORMATION. 

DATES: The NEJAC teleconference 

meeting on Wednesday, December 2, 

2015, will begin promptly at 12:30 p.m. 

Eastern Time. The NEJAC 

teleconference meeting on Tuesday, 

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