7196 Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Notices 

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. 

If California amends regulations that 

were previously granted an 

authorization, EPA can confirm that the 

amended regulations are within the 

scope of the previously granted 

authorization. Such within-the-scope 

amendments are permissible without a 

full authorization review if three 

conditions are met. 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. 

III. Procedures for Public Participation 

As stated above, EPA is offering the 

opportunity for a public hearing, and 

requesting written comment on issues 

relevant to the CARB request. First, 

CARB has requested EPA confirm that 

parts of the voluntary PERP for portable 

engines and equipment fall within the 

scope of previously issued 

authorizations or submitted 

authorization requests. Within the 

context of a within-the-scope analysis, 

EPA invites comment on whether 

California’s PERP requirements (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 202(a) of the Act, and (3) 

raise any other new issues affecting 

EPA’s previous waiver or authorization 

determinations. 

Second, CARB has requested that the 

Administrator grant a new authorization 

for those emission standards that are not 

otherwise not covered by the withinthe-scope confirmation. For this full 

authorization analysis, 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. 

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 24, 2011. 

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–2011–0102. 

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: February 3, 2011. 

Lori Stewart, 

Acting Director, Office of Transportation and 

Air Quality, Office of Air and Radiation. 

[FR Doc. 2011–2852 Filed 2–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9264–4] 

California State Nonroad Engine 

Pollution Control Standards; Request 

for Authorization of Airborne Toxic 

Control Measure for In-Use Portable 

Diesel Engines 50 Horsepower and 

Greater; 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 regulations for the control 

of diesel particulate matter in the 

exhaust from in-use portable dieselfueled compression-ignition engines 50 

horsepower and greater. CARB has 

requested that EPA issue a new 

authorization for the emission standards 

established by these regulations. This 

notice announces that EPA has 

tentatively scheduled a public hearing 

to consider California’s In-Use Portable 

Diesel Equipment Airborne Toxic 

Control Measure 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 February 24, 2011, at 9:30 

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

if any party notifies EPA by February 

17, 2011, expressing its interest in 

presenting oral testimony. By February 

18, 2011, any person who plans to 

attend the hearing may call Robert 

Doyle at (202) 343–9258, to learn if a 

hearing will be held or may check the 

following webpage for an update: 

http://www.epa.gov/otaq/cafr.htm. 

Parties wishing to present oral 

testimony at the public hearing should 

provide written notice to Robert Doyle 

at the e-mail 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 24, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2011–0101, by one of the 

following methods: 

• On-Line at http:// 

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

Comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2011– 

0101, 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 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Notices 7197 

1Portable engines are engines that may be moved 

easily from location to location. The engines are 

used to power a variety of equipment, including 

pumps, ground support equipment at airports, 

cranes, oil-well drilling and workover rigs, power 

generators, dredging equipment rock crushing and 

screening equipment, welding equipment, 

woodchippers and compressors. 

2Level 3 PM control technology refers to a control 

technology that has been verified to achieve PM 

reductions of at least 85 percent under the CARB 

‘‘Verification Procedure, Warranty and In-Use 

Compliance Requirements for In-Use Strategies to 

Control Emissions from Diesel Engines,’’ 13 

California Code of Regulations (CCR) sections 2700– 

2710. 

3The ATCM contains a fifth substantive 

requirement that pertains to the fuels that may be 

used in in-use portable equipment engines, but this 

fuels requirement is not preempted by CAA section 

209(e) and does not require an authorization. 

should be made for deliveries of boxed 

information. 

On-Line Instructions for Submitting 

Comments: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2011– 

0101. 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 e-mail. 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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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–2011–0101. 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 website, 

enter EPA–HQ–OAR–2010–XXXX, 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 webpage 

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: 

Robert M. Doyle, Attorney-Advisor, 

Compliance and Innovative Strategies 

Division, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

(6405J), NW., Washington, DC 20460. 

Telephone: (202) 343–9258. Fax: (202) 

343–2804. E-mail: doyle.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. California’s ATCM for In-Use 

Portable Diesel Engines 50 Horsepower 

and Greater 

In a letter dated December 5, 2006, 

CARB submitted to EPA its request 

pursuant to section 209 of the Clean Air 

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

regulations to enforce its airborne toxic 

control measure (ATCM) for in-use 

portable diesel-fueled engines 50 brakehorsepower (hp) and greater (portable 

engines).1 The authorization request 

covers four primary substantive 

requirements: (1) Starting January 1, 

2010, all portable engines in the state 

must be certified to meet a Federal or 

California standard for newly 

manufactured nonroad engines, subject 

to specified exceptions; (2) Starting 

January 1, 2020, all portable engines in 

California must be either (a) certified to 

meet Tier 4 emission standards, (b) 

equipped with a properly functioning 

Level-3 verified technology,2 or (c) 

equipped with a combination of control 

strategies that have been verified 

together to achieve at least an 85% 

reduction in diesel particulate matter 

(PM) emissions, subject to specified 

exceptions; (3) All portable engines that 

prior to January 1, 2006 have not been 

either registered in CARB’s Portable 

Equipment Registration Program (PERP) 

or permitted under the permit program 

of an air quality management district or 

air pollution control district must meet 

the most stringent of the Federal or 

California emission standards for nonroad engines at the time the engine is 

either registered in the PERP or 

registered for a permit, subject to 

specified exceptions; and (4) Each fleet 

of portable engines must comply with 

increasingly more stringent weighted 

PM emission fleet averages that apply 

on three different deadlines, (January 1, 

2013, January 1, 2017 and January 1, 

2020), subject to specified exceptions.3

Owners of in-use equipment will have 

options available to meet the CARB 

requirements. These include: 

purchasing new equipment with cleaner 

engines, repowering existing equipment 

with cleaner engines, using verified 

add-on control devices on existing 

equipment and engines, switching to 

alternative diesel fuels or alternative 

fuels, or electrifying some or all of the 

in-use fleet and receiving emission 

credits. 

II. Clean Air Act Nonroad Engine and 

Vehicle Authorizations 

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. 

Section 209(e)(2) requires the 

Administrator, after notice and 

opportunity for public hearing, to 

authorize California to enforce 

standards and other requirements 

mstockstill on DSKH9S0YB1PROD with NOTICES

7198 Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Notices 

4Title 40 of the Code of Federal Regulations, part 

1074.105 provides: 

(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. 

5See 59 FR 36969 (July 20, 1994). 

relating to the control of emissions from 

new engines not listed under section 

209(e)(1), if certain criteria are met. EPA 

has promulgated regulations 

implementing these provisions at 40 

CFR part 1074. These regulations set 

forth the criteria that EPA must consider 

before granting California authorization 

to enforce its new nonroad emission 

standards.4

As stated in the preamble to the 

section 209(e) 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).5

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. 

III. Procedures for Public Participation 

As stated above, EPA is offering the 

opportunity for a public hearing, and 

requesting written comment on issues 

relevant to a full authorization analysis. 

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. 

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 24, 2011. 

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–2011–0101. 

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: February 3, 2011. 

Lori Stewart, 

Acting Director, Office of Transportation and 

Air Quality, Office of Air and Radiation. 

[FR Doc. 2011–2855 Filed 2–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9264–6] 

Science Advisory Board Staff Office; 

Notification of a Public Meeting of a 

Science Advisory Board Work Group 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA Science Advisory 

Board (SAB) Staff Office announces a 

public meeting of a work group of the 

Chartered Science Advisory Board to 

discuss the President’s FY 2012 Budget 

Request for the EPA Office of Research 

and Development. 

DATES: The meeting dates are March 3, 

2011 from 1 p.m. to 6 p.m. and March 

4, 2011 from 8 a.m. to 4 p.m. (Eastern 

Time). 

ADDRESSES: The meeting will be held at 

the Four Points by Sheraton, 1201 K 

Street, NW., Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public wishing to obtain 

general information concerning this 

public meeting should contact Dr. 

Angela Nugent, Designated Federal 

Officer (DFO), EPA Science Advisory 

Board (1400R), 1200 Pennsylvania Ave., 

NW., Washington, DC 20460; via 

telephone/voice mail: (202) 564–2218; 

fax: (202) 565–2098; or e-mail at 

nugent.angela@epa.gov. General 

information concerning the EPA Science 

Advisory Board can be found on the 

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

sab. 

SUPPLEMENTARY INFORMATION: The SAB 

was established pursuant to the 

Environmental Research, Development, 

and Demonstration Authorization Act 

(ERDAA), codified at 42 U.S.C. 4365, to 

provide independent scientific and 

technical advice to the Administrator on 

the technical basis for Agency positions 

and regulations. The SAB is a Federal 

Advisory Committee chartered under 

the Federal Advisory Committee Act 

(FACA), 5 U.S.C., App. 2. Pursuant to 

FACA and EPA policy, notice is hereby 

given that a work group of the chartered 

SAB will hold a public meeting to 

discuss the President’s requested Fiscal 

mstockstill on DSKH9S0YB1PROD with NOTICES