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[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Notices]
[Pages 640-642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31123]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2023-0151; FRL-10890-02-OAR]

California State Nonroad Engine Pollution Control Standards; 
Small Off-Road Engines Regulations; Notice of Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of decision.

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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: [email protected]. 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'' 
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

[[Page 641]]

cited in this notice; the page can be accessed at: https://www.epa.gov/state-and-local-transportation/vehicle-emissions-california-waivers-and-authorizations.

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: [email protected].

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.
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    \1\ 88 FR 33143 (May 23, 2023).
    \2\ A 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.
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    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\
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    \3\ EPA'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.
    \4\ The Decision Document can be found at EPA-HQ-OAR-2023-0151.
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    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.
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    \5\ States 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.
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    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.
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    \6\ See ``Air Pollution Control; Preemption of State Regulation 
for Nonroad Engine and Vehicle Standards,'' 59 FR 36969 (July 20, 
1994).
    \7\ See ``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.
    \8\ EPA has interpreted section 209(b)(1)(C) in the context of 
section 209(b) motor vehicle waivers.
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    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

[[Page 642]]

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
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