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
Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Notices 50503 

1States are expressly preempted from adopting or 

attempting to enforce any standard or other 

requirement relating to the control of emissions 

from new nonroad engines which are used in 

construction equipment or vehicles or used in farm 

equipment or vehicles and which are smaller than 

175 horsepower. Such express preemption under 

section 209(e)(1) of the Act also applies to new 

locomotives or new engines used in locomotives. 

2 59 FR 36969 (July 20, 1994). 

3See 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 from California to 

authorize the state 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. 

4See 59 FR 36969 (July 20, 1994). 

5CARB did not submit the entire Truck and Bus 

Regulation to EPA for waiver or authorization 

consideration. The regulation is codified at Title 13, 

California Code of Regulations, section 2025. 

• 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. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2012– 

0335. 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. 

Parties wishing to present oral 

testimony at the public hearing should 

provide written notice to David 

Dickinson at the address noted below. If 

EPA receives a request for a public 

hearing, EPA will hold the public 

hearing at 1310 L St. NW., Washington, 

DC 20005 at 10:00 a.m. 

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: 

I. Background and Discussion 

Section 209(e)(1) of the Act 

permanently preempts 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.1 For 

all other nonroad engines (including 

any engine that is no longer ‘‘new’’), 

States are preempted from adopting and 

enforcing standards and other 

requirements relating to the control of 

emissions, except that section 209(e)(2) 

of the Act requires EPA to grant 

California authorization to adopt and 

enforce such regulations unless EPA 

makes one of three specifically 

enumerated findings. In addition, other 

States with attainment plans may adopt 

and enforce such regulations if the 

standards, and implementation and 

enforcement, 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.2

EPA revised these regulations in 1997.3

As stated in the preamble to the 1994 

rule, EPA has historically interpreted 

the section 209(e)(2)(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).4

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. 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. 

CARB has submitted to EPA, for 

authorization, its yard trucks powered 

by off-road engines and the auxiliary 

engines on two-engine sweepers 

provisions from its ‘‘Regulation to 

Reduce Emissions of Diesel Particulate 

Matter, Oxides of Nitrogen and Other 

Criteria Pollutants from In-Use HeavyDuty Diesel-Fueled Vehicles’’ 

(commonly referred to as the ‘‘Truck 

and Bus Regulation’’) initially adopted 

by CARB on December 11, 2008 and 

subsequently amended on September 

19, 2011.5 The Truck and Bus 

Regulation principally applies to nonnew on-road motor vehicles, which is 

not the subject of this notice. The Truck 

and Bus Regulation also applies to any 

nonroad engines used to power yard 

trucks (which are principally used in 

off-road agricultural operations) and the 


pmangrum on DSK3VPTVN1PROD with NOTICES
50504 Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Notices 

6The definition of yard truck is at section 2025 

and two-engine sweeper is defined at 2025(d)(58). 

auxiliary engine used to power the 

broom or vacuum functions on twoengine sweepers.6

As stated above, EPA is offering the 

opportunity for a public hearing, and 

requesting written comments on issues 

relevant to a full waiver analysis. 

Specifically, please provide 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) 

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. 

II. 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 October 22, 2012. 

Upon expiration of the comment period, 

the Administrator will render a decision 

on CARB’s request based on the record 

of the public hearing, if any, relevant 

written submissions, and other 

information that he deems pertinent. 

Persons with comments containing 

proprietary information must 

distinguish such information from other 

comments to the great possible extent 

and label it as ‘‘Confidential Business 

Information’’ (CBI). If a person making 

comments want 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 in not 

inadvertently place 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. 2012–20499 Filed 8–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Regional Docket Nos. V–2011–1, FRL9717– 

8] 

Clean Air Act Operating Permit 

Program; Action on Petition for 

Objection to State Operating Permit for 

Georgia-Pacific Consumer Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final Order on petition 

to object to Clean Air Act (Act) Title V 

operating permit. 

SUMMARY: This document announces 

that the EPA Administrator has denied 

a petition from the Sierra Club, the 

Clean Water Action Council and the 

Midwest Environmental Defense Center 

asking EPA to object to a Title V 

operating permit issued by the 

Wisconsin Department of Natural 

Resources (WDNR) to Georgia-Pacific 

Consumer Products (Georgia-Pacific). 

Sections 307(b) and 505(b)(2) of the 

Act provide that a petitioner may ask for 

judicial review of those portions of the 

petition which EPA denies in the 

United States Court of Appeals for the 

appropriate circuit. Any petition for 

review shall be filed within 60 days 

from the date this notice appears in the 

Federal Register, pursuant to section 

307 of the Act. 

ADDRESSES: You may review copies of 

the final Order, the petition, and other 

supporting information at the EPA 

Region 5 Office, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. If 

you wish to examine these documents, 

you should make an appointment at 

least 24 hours before visiting day. 

Additionally, the final Order for the 

Georgia-Pacific petition is available 

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

region7/air/title5/petitiondb/ 

petitiondb.htm. 

FOR FURTHER INFORMATION CONTACT: 

Genevieve Damico, Chief, Air Permits 

Section, Air Programs Branch, Air and 

Radiation Division, EPA, Region 5, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604, telephone (312) 353– 

4761. 

SUPPLEMENTARY INFORMATION: The Act 

affords EPA a 45-day period to review 

and object, as appropriate, to Title V 

operating permits proposed by state 

permitting authorities. Section 505(b)(2) 

of the Act authorizes any person to 

petition the EPA Administrator within 

60 days after the expiration of the EPA 

review period to object to a Title V 

operating permit if EPA has not done so. 

A petition must be based only on 

objections to the permit that were raised 

with reasonable specificity during the 

public comment period provided by the 

state, unless the petitioner demonstrates 

that it was impracticable to raise issues 

during the comment period, or the 

grounds for the issues arose after this 

period. 

On July 23, 2011, EPA received a 

petition from the Sierra Club, the Clean 

Water Action Council and the Midwest 

Environmental Defense Center 

(Petitioners) requesting that EPA object 

to the Title V operating permit for 

Georgia-Pacific. The Petitioners alleged 

that the permit is not in compliance 

with the requirements of the Act. 

Specifically, the Petitioners alleged that: 

(1) The permit lacks applicable 

prevention of significant deterioration 

(PSD) requirements because WDNR 

erroneously exempted as ‘‘routine 

maintenance, repair, and replacement’’ 

projects that resulted in a significant net 

emissions increase based on the 

applicable ‘‘actual to potential’’ 

emissions test; (2) the permit lacks 

applicable PSD and new source 

performance standard requirements that 

were triggered through non-exempt fuel 

switching and WDNR improperly 

deferred addressing this issue; and, (3) 

the permit lacks applicable 

requirements ensuring protection of air 

quality increments which apply 

pursuant to the Wisconsin state 

implementation plan and the PSD 

programs. 

On July 23, 2012, the Administrator 

issued an Order denying the petition. 

The Order explains the reasons behind 

EPA’s conclusion. 

Dated: July 27, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–20519 Filed 8–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9719–3] 

Good Neighbor Environmental Board 

Notification of Public Advisory 

Committee Teleconference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of Public Advisory 

Committee Teleconference. 


pmangrum on DSK3VPTVN1PROD with NOTICES