640 Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices 

under TSCA finalized in May 2024 (89 

FR 37028; May 3, 2024). 

Between release of the draft risk 

evaluation and finalization of the DIDP 

risk evaluation, EPA updated the risk 

determination to find that six COUs 

contribute to unreasonable risk of DIDP 

based on new information identified by 

EPA, information provided by public 

commenters, and recommendations of 

the SACC. These changes stem from 

consideration of 1) multiple factors 

impacting occupational exposure during 

spray application, 2) applicability of 

developmental effects to average adult 

workers, and 3) identification of DIDPcontaining products that could be spray 

applied. The COUs that EPA identified 

as presenting unreasonable risk were for 

acute exposure scenarios in which 

unprotected female workers of 

reproductive age were to spray 

adhesives and sealants; paints and 

coatings; lacquers, stains, varnishes, and 

floor finishes; or penetrants and 

inspection fluids that contain DIDP, 

because doing so could create high 

concentrations of DIDP in mist that an 

unprotected worker could inhale. The 

human health hazard that EPA 

identified as having the strongest 

evidence to support this risk evaluation 

is developmental toxicity, which means 

that laboratory animals dosed with DIDP 

had litters where more rodent offspring 

died than was the case with the litters 

of rodents that were not dosed with 

DIDP. As the most sensitive health 

effects of concern relate to exposure of 

the developing fetus during gestation, 

the population to which this risk 

determination is most relevant is female 

workers of reproductive age. 

Consistent with the statutory 

requirements of TSCA section 6(a), EPA 

will propose a risk management 

regulatory action to the extent necessary 

so that DIDP no longer presents an 

unreasonable risk. EPA expects to focus 

its risk management action on the 

conditions of use that significantly 

contribute to the unreasonable risk. 

However, it should be noted that, under 

TSCA section 6(a), EPA is not limited to 

regulating the specific activities found 

to drive unreasonable risk and may 

select from among a suite of risk 

management requirements in section 

6(a) related to manufacture (including 

import), processing, distribution in 

commerce, commercial use, and 

disposal as part of its regulatory options 

to address the unreasonable risk. As a 

general example, EPA may regulate 

upstream activities (e.g., processing, 

distribution in commerce) to address 

downstream activities (e.g., industrial 

and commercial uses) driving 

unreasonable risk, even if the upstream 

activities do not drive the unreasonable 

risk. Like the prioritization and risk 

evaluation processes, there is an 

opportunity for public comment on any 

proposed risk management actions. 

For more information about the TSCA 

risk evaluation process for existing 

chemicals, go to https://www.epa.gov/ 

assessing-and-managing-chemicalsunder-tsca. 

IV. References 

The following is a listing of the 

documents that are specifically 

referenced in this document. The docket 

includes these documents and other 

information considered by EPA, 

including documents that are referenced 

within the documents that are included 

in the docket, even if the referenced 

document is not physically located in 

the docket. For assistance in locating 

these other documents, please consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

1. EPA. Di-isodecyl Phthalate (DIDP); 

Manufacturer Request for Risk 

Evaluation Under the Toxic Substances 

Control Act (TSCA); Notice of 

Availability and Request for Comments. 

Federal Register. 84 FR 42914, August 

19, 2019 (FRL–9998–26). 

2. EPA. Di-isodecyl Phthalate (DIDP); Draft 

Scope of the Risk Evaluation to be 

Conducted Under the Toxic Substances 

Control Act (TSCA); Notice of 

Availability and Request for Comments. 

Federal Register. 85 FR 76077, 

November 27, 2020 (FRL–10017–14). 

3. EPA. Di-isodecyl Phthalate (DIDP); Final 

Scope of the Risk Evaluation To Be 

Conducted Under the Toxic Substances 

Control Act (TSCA); Notice of 

Availability. Federal Register. 86 FR 

48695, August 31, 2021 (FRL–8807–01– 

OCSPP). 

4. EPA. Di-isodecyl Phthalate (DIDP) and Diisononyl Phthalate (DINP); Science 

Advisory Committee on Chemicals 

(SACC) Peer Review of Draft Documents; 

Notice of SACC Meeting; Availability; 

and Request for Comment. Federal 

Register. 89 FR 43847, May 20, 2024 

(FRL–11760–02–OCSPP). 

5. EPA. Nontechnical Summary of the TSCA 

Risk Evaluation for Diisodecyl Phthalate 

(DIDP). December 2024. (EPA Document 

ID No. EPA–740–S–24–008). 

6. EPA. Comment Summary and Responses 

for Diisodecyl Phthalate (DIDP) and 

Diisononyl Phthalate (DINP). December 

2024. 

Authority: 15 U.S.C. 2601 et seq. 

Dated: December 20, 2024. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2024–31280 Filed 1–3–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2023–0151; FRL–10890–02– 

OAR] 

California State Nonroad Engine 

Pollution Control Standards; Small OffRoad Engines Regulations; Notice of 

Decision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of decision. 

SUMMARY: The Environmental Protection 

Agency (‘‘EPA’’) is providing notice of 

its decision granting the California Air 

Resources Board’s (‘‘CARB’s’’) request 

for an authorization of amendments to 

its small off-road engine (‘‘SORE’’) 

regulations. CARB’s amendments 

covered by this authorization include 

those adopted by CARB in 2016 and 

2021. EPA’s decision was issued under 

the authority of section 209 of the Clean 

Air Act (‘‘CAA’’ or ‘‘Act’’). 

DATES: Petitions for review must be filed 

by March 7, 2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

EPA–HQ–OAR–2023–0151. All 

documents relied upon in making this 

decision, including those submitted to 

EPA by CARB, are contained in the 

public docket. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, WJC West 

Building, Room 3334, 1301 Constitution 

Avenue NW, Washington, DC 20004. 

The Docket Center’s hours of operation 

are 8:30 a.m. to 4:30 p.m.; generally, it 

is open Monday through Friday, except 

Federal holidays. The electronic mail 

(email) address for the EPA Docket is: aand-r-Docket@epa.gov. 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 www.regulations.gov 

website, enter EPA–HQ–OAR–2023– 

0151 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 (‘‘OTAQ’’) 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 Federal 

Register notices, some of which are 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices 641 

1 88 FR 33143 (May 23, 2023). 

2A transcript of the public hearing is located at 

EPA–HQ–OAR–2023–0151–0007 and all written 

comments are also located at regulations.gov at 

EPA–HQ–OAR–2023–0151. 

3EPA’s Decision Document can be found at EPA– 

HQ–OAR–2023–0151. EPA’s authorization decision 

includes the entire 2016 amendment and 2021 

amendment regulatory text that can be found in 

CARB’s December 20, 2022, authorization request 

(the SORE Authorization Support Document) found 

at EPA–HQ–OAR–2023–0151–0003. (CARB’s entire 

authorization submission to EPA is found at EPA– 

HQ–OAR–2023–0151). The specific regulatory 

provisions under EPA’s authorization consideration 

and included in this decision can be found at 

footnotes 1 and 2 to the SORE Authorization 

Support Document. 

4The Decision Document can be found at EPA– 

HQ–OAR–2023–0151. 5States 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 

CAA section 209(e)(1) also applies to new 

locomotives or new engines used in locomotives. 

6See ‘‘Air Pollution Control; Preemption of State 

Regulation for Nonroad Engine and Vehicle 

Standards,’’ 59 FR 36969 (July 20, 1994). 

7See ‘‘Control of Air Pollution: Emission 

Standards for New Nonroad Compression-Ignition 

Engines at or Above 37 Kilowatts; Preemption of 

State Regulation for Nonroad Engine and Vehicle 

Standards; Amendments to Rules,’’ 62 FR 67733 

(December 30, 1997). The applicable regulations are 

now found in 40 CFR part 1074, subpart B, Part 

1074. 

8EPA has interpreted section 209(b)(1)(C) in the 

context of section 209(b) motor vehicle waivers. 

cited in this notice; the page can be 

accessed at: https://www.epa.gov/stateand-local-transportation/vehicleemissions-california-waivers-andauthorizations. 

FOR FURTHER INFORMATION CONTACT: 

Michael Olechiw, Office of 

Transportation and Air Quality, U.S. 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, 

Michigan 48105. Telephone: 734–214– 

4297. Email: California-Waivers-andAuthorizations@epa.gov. 

SUPPLEMENTARY INFORMATION: On May 

23, 2023, EPA published a Federal 

Register notice announcing its receipt of 

CARB’s authorization request. In that 

notice, EPA invited public comment on 

California’s authorization request and 

an opportunity to present testimony at 

a public hearing.1 EPA held a public 

hearing on June 27, 2023, and the 

written comment period closed on July 

28, 2023.2 EPA has considered all 

comments submitted to the public 

docket on this matter. 

On December 19, 2024, I signed a 

Decision Document granting California 

an authorization pursuant to section 

209(e)(2)(A) of the CAA, as amended, 42 

U.S.C. 7543(e)(2)(A), for CARB’s 2016 

and 2021 amendments to CARB’s SORE 

regulations (the ‘‘2016 SORE 

Amendments’’ and ‘‘2021 SORE 

Amendments’’ respectively).3 The 2016 

SORE Amendments incorporate 

improvements to evaporative emissions 

certification procedures, revise the 

compliance testing procedure, update 

the evaporative emissions certification 

test fuel to represent commercially 

available gasoline, and align aspects of 

the SORE requirements with the 

corresponding federal requirements, 

while retaining elements of the 

evaporative emission standards 

previously adopted by CARB. The 2021 

SORE Amendments primarily establish 

exhaust and evaporative emission 

standards and associated test 

procedures for 2024 and subsequent 

model year engines and equipment. The 

2021 SORE Amendments establish 

SORE emission standards in two phases. 

First, the exhaust emission standards for 

most 2024 and subsequent model year 

(‘‘MY’’) SORE are zero (0.00 grams per 

kilowatt-hour) for hydrocarbons and 

oxides of nitrogen. The evaporative 

emission standards for most 2024 and 

subsequent MY SORE are zero (0.00 

grams per test). The above-mentioned 

emission standards apply for all 

categories of SORE except pressure 

washer engines with displacements 

greater than or equal to 225 cubic 

centimeters (cc) and portable generator 

engines. The emission standards for 

these latter categories of engines are 

amended and start in MY 2024; they are 

not zero but are numerically lower 

(more stringent) than the pre-MY 2024 

CARB emission standards. The second 

phase of the emissions standards will be 

implemented beginning in MY 2028, 

when the exhaust and evaporative 

emission standards for engines used in 

pressure washers with displacements 

greater than or equal to 225 cc and 

portable generators will be aligned with 

the zero emission standards for other 

categories of SORE. A comprehensive 

description of California’s SORE 

amendments can be found in the 

Decision Document for this 

authorization and in materials 

submitted to the Docket by CARB.4

CAA section 209(e)(1) 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.5 For all other 

nonroad engines (including ‘‘non-new’’ 

engines), states generally are preempted 

from adopting and enforcing standards 

and other requirements relating to the 

control of emissions, except that CAA 

section 209(e)(2)(A) requires EPA, after 

notice and opportunity for public 

hearing, to authorize California to adopt 

and enforce such regulations unless 

EPA makes one of three enumerated 

findings. Specifically, EPA must deny 

the authorization if the Administrator 

finds that (1) California’s protectiveness 

determination (i.e., that California 

standards will be, in the aggregate, as 

protective of public health and welfare 

as applicable federal standards) is 

arbitrary and capricious, (2) California 

does not need such standards to meet 

compelling and extraordinary 

conditions, or (3) the California 

standards and accompanying 

enforcement procedures are not 

consistent with section 209 of the Act. 

On July 20, 1994, EPA promulgated a 

rule (the 1994 rule) interpreting the 

three criteria set forth in CAA section 

209(e)(2)(A) that EPA must consider 

before granting any California 

authorization request for nonroad 

engine or vehicle emission standards.6

EPA revised these regulations in 1997.7

As stated in the preamble to the 1994 

rule, EPA has interpreted the 

consistency inquiry under the third 

criterion, outlined above and set forth in 

section 209(e)(2)(A)(iii), 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) of the Act.8 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 under CAA section 

209(b)(1)(C). That section provides that 

the Administrator shall not grant 

California a motor vehicle waiver if the 

Administrator finds that California 

‘‘standards and accompanying 

enforcement procedures are not 

consistent with section 202(a)’’ of the 

Act. 

CARB determined that these 

standards and accompanying 

enforcement procedures do not cause 

California’s standards, in the aggregate, 

to be less protective to public health and 

welfare than the applicable Federal 

standards. The administrative record, 

including information presented to me 

by parties opposing California’s 


khammond on DSK9W7S144PROD with NOTICES
642 Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices 

1 88 FR 88908 (December 26, 2023). 

2A transcript of the public hearing is located at 

EPA–HQ–OAR–2023–0292–0056 and all written 

comments are also located at regulations.gov at 

EPA–HQ–OAR–2023–0292. 

3EPA’s Decision Document can be found at EPA– 

HQ–OAR–2023–0292. In addition to the Decision 

Document, EPA prepared a Supplemental Response 

to Comments document that is also part of the 

Administrator’s waiver decision. The Supplemental 

Response to Comments document can also be found 

at EPA–HQ–OAR–2023–0292. 

4EPA’s waiver decision includes the entire ACC 

II regulatory text that can be found in Attachment 

7 to CARB’s May 22, 2023, ACC II waiver request 

(the ACC II Waiver Support Document) found at 

EPA–HQ–OAR–2023–0292–0034. (CARB’s entire 

waiver submission to EPA is found at EPA–HQ– 

OAR–2023–0292). The specific regulatory 

provisions under EPA’s waiver consideration can be 

found at footnote 36 to the ACC II Waiver Support 

Document. 

authorization request, did not 

demonstrate that California arbitrarily or 

capriciously reached this protectiveness 

determination. Therefore, based on the 

record, I cannot find California’s 

determination to be arbitrary and 

capricious under section 209(e)(2)(A)(i). 

CARB has demonstrated the existence 

of compelling and extraordinary 

conditions justifying the need for such 

State standards. The administrative 

record, including information presented 

to me by parties opposing California’s 

authorization request, did not 

demonstrate that California does not 

need such State standards to meet 

compelling and extraordinary 

conditions. Thus, based on the record, 

I cannot deny the authorization based 

on section 209(e)(2)(A)(ii). 

CARB has submitted information that 

its emission standards and test 

procedures are consistent with section 

209(a), section 209(e)(1), and section 

209(b)(1)(C) of the Act. The 

administrative record, including 

information presented to me by parties 

opposing California’s authorization 

request, did not satisfy the burden of 

persuading EPA that the standards are 

not consistent with section 209. Thus, 

based on the record, I cannot deny the 

authorization based on section 

209(e)(2)(A)(iii). 

Accordingly, I hereby granted the 

authorization requested by California. 

Section 307(b)(1) of the CAA governs 

judicial review of final actions by the 

EPA. Petitions for review must be filed 

by March 7, 2025. 

As with past authorization decisions, 

this action is not a rule as defined by 

Executive Order 12866. Therefore, it is 

exempt from review by the Office of 

Management and Budget as required for 

rules and regulations by Executive 

Order 12866. 

In addition, this action is not a rule 

as defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601(2). Therefore, EPA has 

not prepared a supporting regulatory 

flexibility analysis addressing the 

impact of this action on small business 

entities. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, does not apply 

because this action is not a rule, for 

purposes of 5 U.S.C. 804(3). 

Michael S. Regan, 

Administrator. 

[FR Doc. 2024–31123 Filed 1–3–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2023–0292; FRL–11010–02– 

OAR] 

California State Motor Vehicle and 

Engine Pollution Control Standards; 

Advanced Clean Cars II; Waiver of 

Preemption; Notice of Decision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of decision. 

SUMMARY: The Environmental Protection 

Agency (‘‘EPA’’) is providing notice of 

its decision granting the California Air 

Resources Board’s (‘‘CARB’s’’) request 

for a waiver of Clean Air Act 

preemption for its Advanced Clean Cars 

II (‘‘ACC II’’) regulations. EPA’s decision 

was issued under the authority of the 

Clean Air Act (‘‘CAA’’ or ‘‘Act’’) section 

209. 

DATES: Petitions for review must be filed 

by March 7, 2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

EPA–HQ–OAR–2023–0292. All 

documents relied upon in making this 

decision, including those submitted to 

EPA by CARB, are contained in the 

public docket. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, WJC West 

Building, Room 3334, 1301 Constitution 

Avenue NW, Washington, DC 20004. 

The Docket Center’s hours of operation 

are 8:30 a.m. to 4:30 p.m.; generally, it 

is open Monday through Friday, except 

Federal holidays. The electronic mail 

(email) address for the EPA Docket 

Center is: a-and-r-Docket@epa.gov. 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 

www.regulations.gov website, enter 

EPA–HQ–OAR–2023–0292 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 (‘‘OTAQ’’) 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 Federal 

Register notices, some of which are 

cited in this notice; the page can be 

accessed at: https://www.epa.gov/stateand-local-transportation/vehicleemissions-california-waivers-andauthorizations. 

FOR FURTHER INFORMATION CONTACT: 

Michael Olechiw, Office of 

Transportation and Air Quality, U.S. 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105. Telephone: 734–214–4297. 

Email: California-Waivers-andAuthorizations@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

December 26, 2023, EPA published a 

Federal Register notice announcing its 

receipt of CARB’s waiver request. In that 

notice, EPA invited public comment on 

California’s waiver request and an 

opportunity to present testimony at a 

public hearing.1 EPA held a public 

hearing on January 10, 2024, and the 

written comment period closed on 

February 27, 2024.2 EPA has considered 

all comments submitted to the public 

docket on this matter. 

On December 17, 2024, I signed a 

Decision Document granting California a 

waiver of preemption pursuant to 

section 209(b) of the CAA, as amended, 

42 U.S.C. 7543(b), for regulations 

applicable to new 2026 and subsequent 

model year (MY) California on-road 

light- and medium-duty vehicles, 

hereafter the Advanced Clean Cars II 

(‘‘ACC II’’) regulations.3 The ACC II 

program includes a series of 

requirements regarding California’s low 

emission vehicle (‘‘LEV’’) IV regulation 

and a series of requirements regarding 

its zero-emission vehicle (‘‘ZEV’’) 

program.4 The LEV IV requirements 

include, for example, applying exhaust 

and evaporative emission fleet-average 

standards solely to vehicles powered by 

internal combustion engines and 

excluding ZEVs from the fleet 

calculation. The LEV IV requirements 

reduce the maximum allowed exhaust 

and evaporative emission rates from 


khammond on DSK9W7S144PROD with NOTICES