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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Notices]
[Pages 1996-1998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00252]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2024-0030; FRL-12461-01-OAR]

California State Nonroad Engine Pollution Control Standards; In-
Use Off-Road Diesel Fueled Fleets; 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 In-Use 
Off-Road Diesel Fueled Fleets (``2022 Off-Road Fleets Amendments'') 
regulations. 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 11, 2025.

ADDRESSES: EPA has established a docket for this action under Docket ID 
EPA-HQ-OAR-2023-0581. All

[[Page 1997]]

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-2023-0581 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 and authorization Federal Register notices; the 
page can be accessed at: https://www.epa.gov/state-and-local-transportation/vehicle-emissions-california-waivers-and-authorizations.

FOR FURTHER INFORMATION CONTACT: Brian Nelson, Office of Transportation 
and Air Quality, Office of Transportation and Air Quality, U.S. 
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, 
Michigan 48105. Telephone: 734-214-4278. Email: [email protected].

SUPPLEMENTARY INFORMATION: On April 26, 2024, 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 May 16, 2024, and the 
written comment period closed on June 19, 2024.\2\ EPA has considered 
all comments submitted to the public docket on this matter.
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    \1\ 89 FR 32422 (April 26, 2024).
    \2\ A transcript of the public hearing is located at EPA-HQ-OAR-
2023-0581-0031, and all written comments are also located at 
regulations.gov at EPA-HQ-OAR-2023-0581.
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    On January 3, 2025, 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 2022 amendments to 
CARB's In-Use Off-Road Diesel-Fueled Fleets regulations (the ``2022 
Off-Road Fleets Amendments'').\3\ The 2022 Off-Road Fleets Amendments 
primarily require fleets of in-use off-road diesel-fueled vehicles to 
phase out the operation of their oldest and highest-emitting diesel 
vehicles and prohibit such fleets from acquiring high-emitting 
vehicles. The Amendments also require fleets to fuel their vehicles 
with specified renewable diesel. Further, the Amendments establish 
administrative requirements for prime contractors and public works 
awarding bodies. The Amendments phase-in starting in 2024 through the 
end of 2036 and include changes to enhance enforceability and encourage 
the adoption of zero-emission technologies. A comprehensive description 
of California's 2022 Off-Road Fleets 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 is located at EPA-HQ-OAR-2023-0581. 
EPA's authorization decision encompasses all of the regulations in 
CARB's Off-Road Fleets Amendments. The full regulatory text for the 
amendments can be found in CARB's Final Regulation Order located at 
EPA-HQ-OAR-2023-0581-0012.
    \4\ CARB's Off-Road Fleets Authorization Support Document (EPA 
Docket: EPA-HQ-OAR-2023-0581-0027). A description of CARB's Off-Road 
Fleets Amendments can be found in the Authorization Support Document 
submitted by CARB along with associated attachments that can be 
found in the EPA docket for this matter.
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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 section 209(e)(2)(A) of the 
Act 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 
authorization if the Administrator finds that (1) California's 
protectiveness determination (i.e., that California standards will be, 
in the aggregate, at least 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 
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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[[Page 1998]]

    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 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 11, 
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).

Jane Nishida,
Acting Administrator.
[FR Doc. 2025-00252 Filed 1-8-25; 8:45 am]
BILLING CODE 6560-50-P
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