Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 719 

currently approved through June 30, 

2013. An Agency may not conduct or 

sponsor and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

DATES: Comments must be submitted on 

or before March 5, 2013. 

ADDRESSES: Submit your comments, 

referencing by Docket ID No. EPA–HQ– 

RCRA–2012–0890, online using 

www.regulations.gov (our preferred 

method), by email to rcradocket@epa.gov, or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Mail Code 28221T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change including any 

personal information provided, unless 

the comment includes profanity, threats, 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. 

FOR FURTHER INFORMATION CONTACT: 

Craig Dufficy, Materials Recovery and 

Waste Management Division, Office of 

Resource Conservation and Recovery, 

Mail Code 5304P, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460; 

telephone number: (703) 308–9037; fax 

number: (703) 308–8686; email address: 

dufficy.craig@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Supporting documents which explain in 

detail the information that the EPA will 

be collecting are available in the public 

docket for this ICR. The docket can be 

viewed online at www.regulations.gov 

or in person at the EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The telephone number for the 

Docket Center is 202–566–1744. For 

additional information about EPA’s 

public docket, visit http://www.epa.gov/ 

dockets. 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA is soliciting comments 

and information to enable it to: (i) 

Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; (ii) evaluate the 

accuracy of the Agency’s estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(iii) enhance the quality, utility, and 

clarity of the information to be 

collected; and (iv) minimize the burden 

of the collection of information on those 

who are to respond, including through 

the use of appropriate automated 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. EPA will consider the 

comments received and amend the ICR 

as appropriate. The final ICR package 

will then be submitted to OMB for 

review and approval. At that time, EPA 

will issue another Federal Register 

notice to announce the submission of 

the ICR to OMB and the opportunity to 

submit additional comments to OMB. 

Abstract: In order to effectively 

implement and enforce final changes to 

40 CFR Part 258 on a State level, 

owners/operators of municipal solid 

waste landfills have to comply with the 

final reporting and recordkeeping 

requirements. Respondents include 

owners or operators of new municipal 

solid waste landfills (MSWLFs), existing 

MSWLFs, and lateral expansions of 

existing MSWLFs. The respondents, in 

complying with 40 CFR Part 258, are 

required to record information in the 

facility operating record, pursuant to 

§ 258.29, as it becomes available. The 

operating record must be supplied to the 

State as requested until the end of the 

post-closure care period of the MSWLF. 

The information collected will be used 

by the State Director to confirm owner 

or operator compliance with the 

regulations under Part 258. These 

owners or operators could include 

Federal, State, and local governments, 

and private waste management 

companies. 

Form Numbers: None. 

Respondents/affected entities: 

Business or other for-profit, as well as 

State, local, and Tribal governments. 

Respondent’s obligation to respond: 

Mandatory (40 CFR 258.29). 

Estimated number of respondents: 

3,800. 

Frequency of response: On occasion. 

Total estimated burden: 204,628 

hours. Burden is defined at 5 CFR 

1320.03(b). 

Total estimated cost: $ 2,211,000, 

includes $ 1,831,000 annualized capital 

or O&M costs (per year). 

Changes in Estimates: The burden 

hours are likely to stay substantially the 

same. 

Dated: December 20, 2012. 

Suzanne Rudzinski, 

Director, Office of Resource Conservation and 

Recovery. 

[FR Doc. 2012–31728 Filed 1–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9766–3] 

California State Motor Vehicle 

Pollution Control Standards; Urban 

Buses; Request for Waiver of 

Preemption; Opportunity for Public 

Hearing and Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The California Air Resources 

Board (CARB) has notified EPA that it 

has adopted amendments to its emission 

standards for urban bus engines in a 

series of rulemakings. The rulemakings 

at issue took place between 2000 and 

2005. Principally, these rulemakings set 

requirements for California’s public 

transit agencies that operate urban buses 

and other transit vehicles; additionally, 

the rulemakings set emission standards 

for new urban bus engines. CARB 

requests that EPA grant a waiver of 

preemption pursuant to section 209(b) 

of the Clean Air Act for the emission 

standards and related test procedures. 

This notice announces that EPA has 

tentatively scheduled a public hearing 

to consider California’s urban bus 

regulations, 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 30, 2013, at 10:00 

a.m. ET. EPA will hold a hearing only 

if any party notifies EPA by January 17, 

2013, expressing interest in presenting 

the agency with oral testimony. Parties 

wishing to present oral testimony at the 

public hearing should provide written 

notice to Kristien Knapp at the email 

address noted below. If EPA receives a 

request for a public hearing, that hearing 

will be held at 1310 L Street NW., 

Washington, DC 20005. 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 until March 1, 2013. 

By January 25, 2013, any person who 

plans to attend the hearing may call 

Kristien Knapp at (202) 343–9949, to 

learn if a hearing will be held. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2012–0745, by one of the 

following methods: 

• On-Line at http:// 

www.regulations.gov: Follow the OnLine Instructions for Submitting 

Comments. 

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720 Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 

1California Air Resources Board (‘‘CARB’’), 

‘‘Request for Waiver Action Pursuant to Clean Air 

Act Section 209(b) for California’s Urban Bus 

Emission Standards,’’ November 16, 2009. 

2CARB, ‘‘Resolution 00–2,’’ February 24, 2000; 

CARB, ‘‘Executive Order G–00–060,’’ November 22, 

2000; CARB, ‘‘Executive Order G–01–010,’’ May 29, 

2001. 

3CARB, ‘‘Secretary of State Face Sheet and Final 

Regulation Order,’’ effective January 23, 2001; 

CARB, ‘‘Secretary of State Face Sheet and Final 

Regulation Order,’’ effective May 29, 2001. 

4CARB, ‘‘Resolution 02–30,’’ October 24, 2002; 

CARB, ‘‘Executive Order G–03–023,’’ September 2, 

2003. 

• Email: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2012– 

0745, U.S. 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 

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. 

On-Line Instructions for Submitting 

Comments: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2012– 

0745. 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–2012–0745. 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-rDocket@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 EPA–HQ–OAR–2012–0745, in the 

‘‘Enter Keyword or ID’’ fill-in 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 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: 

Kristien G. Knapp, Attorney-Advisor, 

Compliance Division, Office of 

Transportation and Air Quality, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue (6405J), NW., 

Washington, DC 20460. Telephone: 

(202) 343–9949. Fax: (202) 343–2804. 

Email: knapp.kristien@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. California’s Urban Bus Regulations 

By letter dated November 16, 2009, 

CARB submitted to EPA its request 

pursuant to section 209(b) of the Clean 

Air Act (‘‘CAA’’ or ‘‘the Act’’), regarding 

its urban bus regulations.1 California’s 

urban bus regulations principally set 

requirements for California’s public 

transit agencies that operate urban buses 

and other transit vehicles; additionally, 

the rulemakings set emission standards 

for new urban bus engines. CARB 

formally adopted these urban bus 

regulations during five separate 

rulemakings that took place between 

2000 and 2005: a 2000 rulemaking, a 

2002 rulemaking, a 2004 rulemaking, a 

February 2005 rulemaking, and an 

October 2005 rulemaking. Collectively, 

the five rulemakings elevated the 

stringency of exhaust emission 

standards and test procedures for heavyduty urban bus engines and vehicles. 

The 2000 rulemaking accomplished 

several feats, including more stringent 

particulate matter (PM) emission 

standards for diesel-fueled urban bus 

engines through the 2006 model year; 

more stringent mandatory and optional 

nitrogen oxides (NOX) and non-methane 

hydrocarbon (NMHC) standards for 

diesel-fueled urban bus engines through 

the 2003 model year; more stringent 

optional combined NMHC+ NOX and 

PM standards for alternatively-fueled 

urban bus engines through the 2006 

model year; more stringent primary 

emission standards for diesel-fueled 

urban buses through the 2006 model 

year; tightening of exhaust emission 

standards for 2007 and later model year 

heavy-duty urban diesel engines; and 

adoption of urban bus test procedures 

and label specifications. The 2000 

rulemaking was formally adopted by 

CARB on November 22, 2000 and May 

29, 2001,2 and became operative under 

California law on January 23, 2001 and 

May 29, 2001, respectively.3 The 2002 

rulemaking allowed for an optional 

NMHC+ NOX standard for 2004–2006 

model year diesel-fueled urban bus 

engines when used in exempted transit 

fleets with commitments to demonstrate 

advanced NOX after-treatment 

technology, and established a 

certification procedure for hybrid 

electric buses. The 2002 rulemaking was 

formally adopted by CARB on 

September 2, 2003,4 and became 

operative under California law on 

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Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 721 

5CARB, ‘‘Secretary of State Face Sheet and Final 

Regulation Order,’’ effective November 15, 2003. 

6CARB, ‘‘Resolution 04–19,’’ June 24, 2004. 

7CARB, ‘‘Secretary of State Face Sheet and Final 

Regulation Order,’’ effective January 31, 2004. 

8CARB, ‘‘Resolution 05–15,’’ February 24, 2005. 

9CARB, ‘‘Secretary of State Face Sheet and Final 

Regulation Order,’’ effective January 31, 2006. 

10CARB, ‘‘Resolution 05–47,’’ September 15, 

2005; CARB, ‘‘Resolution 05–53,’’ October 20, 2005; 

CARB Resolution 05–61,’’ October 27, 2005; CARB, 

‘‘Executive Order R–05–007,’’ July 28, 2006. 

11CARB, ‘‘Secretary of State Face Sheet and Final 

Regulation Order,’’ effective October 7, 2006. 

12See supra notes 3, 5, 7, 9, and 11. 

13Because California was the only state to have 

adopted standards prior to 1966, it is the only state 

that is qualified to seek and receive a waiver. See 

S.Rep. No. 90–403 at 632 (1967). 

14CAA section 209(b)(1)(A). 

15CAA section 209(b)(1)(B). 

16CAA section 209(b)(1)(C). 

17See, e.g., 74 FR at 32767 (July 8, 2009); see also 

MEMA I, 627 F.2d at 1126. 

November 15, 2003.5 The 2004 

rulemaking added optional exhaust 

emission standards for diesel-fueled 

hybrid-electric urban bus engines for 

authorized transit agencies with NOX

mitigation plans for the 2004–2006 

model years. The 2004 rulemaking was 

formally adopted by CARB on June 24, 

2004,6 and became operative under 

California law on January 31, 2004.7 The 

February 2005 rulemaking clarified the 

optional standards for hybrid-electric 

buses that were allowed in the 2004 

rulemaking. The February 2005 

rulemaking was formally adopted by 

CARB on February 24, 2005,8 and 

became operative under California law 

on January 31, 2006.9 The October 2005 

rulemaking amended the urban bus 

standards to align with California’s 

existing exhaust emission standards for 

heavy-duty diesel engines. The October 

2005 rulemaking was formally adopted 

by CARB on July 28, 2006,10 and 

became operative under California law 

on October 7, 2006.11 The revisions to 

emission standards and test procedures 

resulting from these five sets of 

amendments were codified at title 13, 

California Code of Regulations, section 

1952.2 et seq., which was later 

renumbered to section 2023 et seq.12

CARB seeks a waiver of preemption 

pursuant to section 209(b) of the Clean 

Air Act for the emission standards and 

related test procedures contained in its 

urban bus regulations, as amended 

through 2000 and 2005. 

II. Clean Air Act Waivers of Preemption 

Section 209(a) of the Clean Air Act 

preempts states and local governments 

from setting emission standards for new 

motor vehicles and engines. It 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. 

Through operation of section 209(b) of 

the Act, California is able to seek and 

receive a waiver of section 209(a)’s 

preemption. Section 209(b)(1) requires a 

waiver to be granted for any State that 

had 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, 1966,13 if the State 

determines that its standards will be, in 

the aggregate, at least as protective of 

public health and welfare as applicable 

Federal standards (this is known as 

California’s ‘‘protectiveness 

determination’’). However, no waiver is 

to be granted if EPA finds that: (A) 

California’s above-noted ‘‘protectiveness 

determination’’ is arbitrary and 

capricious; 14 (B) California does not 

need such State standards to meet 

compelling and extraordinary 

conditions; 15 or (C) California’s 

standards and accompanying 

enforcement procedures are not 

consistent with section 202(a) of the 

Act.16 Regarding consistency with 

section 202(a), EPA reviews California’s 

standards for technological feasibility 

and evaluates testing and enforcement 

procedures to determine whether they 

would be inconsistent with federal test 

procedures (e.g., if manufacturers would 

be unable to meet both California and 

federal test requirements using the same 

test vehicle).17

III. EPA’s Request for Comments 

EPA is offering the opportunity for a 

public hearing, and requesting written 

comment on issues relevant to section 

209(b) of the Clean Air Act. Specifically, 

we request comment on 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. 

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 March 1, 2013. 

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–2012–0745. 

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: December 26, 2012. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2012–31717 Filed 1–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

California State Nonroad Engine 

Pollution Control Standards; Transport 

Refrigeration Units; Request for 

Authorization; Opportunity for Public 

Hearing and Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The California Air Resources 

Board (CARB) has notified EPA that it 

has adopted amendments to California’s 

‘‘Airborne Toxic Control Measure for InUse Diesel-Fueled Transport 

Refrigeration Units (TRU) and TRU 

Generator Sets and Facilities Where 

TRUs Operate.’’ CARB has asked that 

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