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 


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Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices 643 

vehicles under the existing fleet-average 

standard and aim to reduce cold-start 

emissions by applying the emissions 

standards to a broader range of in-use 

driving conditions. The ZEV 

requirements of ACC II include, for 

example, a requirement for vehicle 

manufacturers to sell increasing 

percentages of ZEVs beginning with the 

2026 MY. Manufacturers can meet up to 

20 percent of their sales requirements 

using plug-in hybrid vehicles (PHEVs) 

that meet specified requirements. A 

comprehensive description of 

California’s ACC II program can be 

found in the Decision Document for this 

waiver and in materials submitted to the 

Docket by CARB. 

Section 209(b) of the Act provides 

that the Administrator, after notice and 

opportunity for public hearing, shall 

waive Federal preemption for California 

to enforce new motor vehicle emission 

standards and accompanying 

enforcement procedures unless certain 

criteria are met. The criteria for denying 

such a waiver include consideration of 

whether California arbitrarily and 

capriciously determined that its 

standards are, in the aggregate, at least 

as protective of public health and 

welfare as the applicable Federal 

standards; whether California does not 

need such State standards to meet 

compelling and extraordinary 

conditions; and whether such State 

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 waiver, 

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(b)(1)(A). 

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 

waiver 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 waiver 

based on section 209(b)(1)(B). 

CARB has submitted information that 

its emission standards and test 

procedures are technologically feasible, 

present no inconsistency with Federal 

requirements, and are consistent with 

section 202(a) of the Act. The 

administrative record, including 

information presented to me by parties 

opposing California’s waiver request, 

did not satisfy the burden of persuading 

EPA that the standards are not 

consistent with section 202(a). Thus, 

based on the record, I cannot deny the 

waiver based on section 209(b)(1)(C). 

Accordingly, I hereby granted the 

waiver 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 waiver 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. 2024–31128 Filed 1–3–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2022–0332; FRL–9902–02– 

OAR] 

California State Motor Vehicle and 

Engine and Nonroad Engine Pollution 

Control Standards; The ‘‘Omnibus’’ 

Low NOX Regulation; 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 to grant the California Air 

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

a waiver of Clean Air Act (CAA) 

preemption for its Heavy-Duty Vehicle 

and Engine ‘‘Omnibus’’ Low NOX

Regulations (‘‘Omnibus Low NOX

program’’). EPA’s decision also includes 

an authorization for portions of the 

Omnibus Low NOX program that pertain 

to off-road diesel engines. This 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–2022–0332. 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–2022– 

0332 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 

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: 

Brian Nelson, Office of Transportation 

and Air Quality, U.S. Environmental 

Protection Agency, 2000 Traverwood 

Drive, Ann Arbor, Michigan 48105. 

Telephone: 734–214–4278. Email: 

California-Waivers-andAuthorizations@epa.gov. 

SUPPLEMENTARY INFORMATION: On June 

13, 2022, EPA published a Federal 

Register notice announcing its receipt of 

California’s waiver request. In that 

notice, EPA invited public comment on 


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