1996 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 

automatically. A solution for this 

problem is in progress. In the interim, 

if filers want to add additional names to 

the service list, they should file an 

Intervention through FERC Online. 

Dated: January 3, 2025. 

Debbie-Anne A. Reese, 

Secretary. 

[FR Doc. 2025–00352 Filed 1–8–25; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

Take notice that the Commission 

received the following exempt 

wholesale generator filings: 

Docket Numbers: EG25–71–000. 

Applicants: Oriana Solar, LLC. 

Description: Oriana Solar, LLC 

submits Notice of Self-Certification of 

Exempt Wholesale Generator Status. 

Filed Date: 1/3/25. 

Accession Number: 20250103–5050. 

Comment Date: 5 p.m. ET 1/24/25. 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER25–503–001. 

Applicants: Public Service Company 

of Colorado. 

Description: Tariff Amendment: 

2025–01–02—PSC—UPI—T–2024–8— 

Farren—SISA—853–0.1.0 to be effective 

1/20/2025. 

Filed Date: 1/2/25. 

Accession Number: 20250102–5260. 

Comment Date: 5 p.m. ET 1/23/25. 

Docket Numbers: ER25–849–000. 

Applicants: PJM Interconnection, 

L.L.C. 

Description: 205(d) Rate Filing: 

Original GIA, SA No. 7452; PI No. AF2– 

252; Cancellation of ISA, SA No. 2551 

to be effective 12/3/2024. 

Filed Date: 1/2/25. 

Accession Number: 20250102–5258. 

Comment Date: 5 p.m. ET 1/23/25. 

Docket Numbers: ER25–850–000. 

Applicants: Tri-State Generation and 

Transmission Association, Inc. 

Description: 205(d) Rate Filing: Notice 

of Cancellation of Rate Schedule FERC 

No. 249 to be effective 12/31/2024. 

Filed Date: 1/2/25. 

Accession Number: 20250102–5273. 

Comment Date: 5 p.m. ET 1/23/25. 

Docket Numbers: ER25–851–000. 

Applicants: PacifiCorp. 

Description: 205(d) Rate Filing: 

Constellation FKA Exelon NITSA (OR 

DA) SA 943 Rev 7 to be effective 1/1/ 

2025. 

Filed Date: 1/3/25. 

Accession Number: 20250103–5027. 

Comment Date: 5 p.m. ET 1/24/25. 

Docket Numbers: ER25–852–000. 

Applicants: Southwest Power Pool, 

Inc. 

Description: 205(d) Rate Filing: 

Revisions to Extend Tariff 

Administration between SPP and SPA 

through 6/30/2026 to be effective 1/1/ 

2025. 

Filed Date: 1/3/25. 

Accession Number: 20250103–5029. 

Comment Date: 5 p.m. ET 1/24/25. 

Docket Numbers: ER25–853–000. 

Applicants: PJM Interconnection, 

L.L.C. 

Description: 205(d) Rate Filing: 

Amendment to ISA, Service Agreement 

No. 5979; Queue No. AD2–085/AE2– 

247/AF1–017 to be effective 3/5/2025. 

Filed Date: 1/3/25. 

Accession Number: 20250103–5031. 

Comment Date: 5 p.m. ET 1/24/25. 

Docket Numbers: ER25–854–000. 

Applicants: Evergy Kansas Central, 

Inc. 

Description: 205(d) Rate Filing: EKC 

Revisions to Rate Schedule FERC No. 

326 Doniphan to be effective 2/1/2025. 

Filed Date: 1/3/25. 

Accession Number: 20250103–5048. 

Comment Date: 5 p.m. ET 1/24/25. 

Docket Numbers: ER25–855–000. 

Applicants: PJM Interconnection, 

L.L.C. 

Description: 205(d) Rate Filing: 

Amendment to ISA, Service Agreement 

No. 7041; Queue No. AE2–092 to be 

effective 3/5/2025. 

Filed Date: 1/3/25. 

Accession Number: 20250103–5087. 

Comment Date: 5 p.m. ET 1/24/25. 

Docket Numbers: ER25–856–000. 

Applicants: Tri-State Generation and 

Transmission Association, Inc. 

Description: 205(d) Rate Filing: 

Amendment to Rate Schedule FERC No. 

13 to be effective 3/5/2025. 

Filed Date: 1/3/25. 

Accession Number: 20250103–5091. 

Comment Date: 5 p.m. ET 1/24/25. 

Docket Numbers: ER25–857–000. 

Applicants: Public Service Company 

of Colorado. 

Description: 205(d) Rate Filing: 2025– 

01–03 PSC—CCR—738 NOC to be 

effective 1/4/2025. 

Filed Date: 1/3/25. 

Accession Number: 20250103–5135. 

Comment Date: 5 p.m. ET 1/24/25. 

The filings are accessible in the 

Commission’s eLibrary system (https://

elibrary.ferc.gov/idmws/search/ 

fercgensearch.asp) by querying the 

docket number. 

Any person desiring to intervene, to 

protest, or to answer a complaint in any 

of the above proceedings must file in 

accordance with Rules 211, 214, or 206 

of the Commission’s Regulations (18 

CFR 385.211, 385.214, or 385.206) on or 

before 5:00 p.m. Eastern time on the 

specified comment date. Protests may be 

considered, but intervention is 

necessary to become a party to the 

proceeding. 

eFiling is encouraged. More detailed 

information relating to filing 

requirements, interventions, protests, 

service, and qualifying facilities filings 

can be found at: http://www.ferc.gov/ 

docs-filing/efiling/filing-req.pdf. For 

other information, call (866) 208–3676 

(toll free). For TTY, call (202) 502–8659. 

The Commission’s Office of Public 

Participation (OPP) supports meaningful 

public engagement and participation in 

Commission proceedings. OPP can help 

members of the public, including 

landowners, environmental justice 

communities, Tribal members and 

others, access publicly available 

information and navigate Commission 

processes. For public inquiries and 

assistance with making filings such as 

interventions, comments, or requests for 

rehearing, the public is encouraged to 

contact OPP at (202) 502–6595 or OPP@

ferc.gov. 

Dated: January 3, 2025. 

Debbie-Anne A. Reese, 

Secretary. 

[FR Doc. 2025–00356 Filed 1–8–25; 8:45 am] 

BILLING CODE 6717–01–P 

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. 

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 


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Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 1997 

1 89 FR 32422 (April 26, 2024). 

2A 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. 

3EPA’s Decision Document is located at EPA– 

HQ–OAR–2023–0581. EPA’s authorization decision 

encompasses all of the regulations in CARB’s OffRoad 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. 

4CARB’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. 

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. 

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– 

0581 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 and 

authorization Federal Register notices; 

the page can be accessed at: https://

www.epa.gov/state-and-localtransportation/vehicle-emissionscalifornia-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: California-Waivers-andAuthorizations@epa.gov. 

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. 

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 offroad diesel-fueled vehicles to phase out 

the operation of their oldest and 

highest-emitting diesel vehicles and 

prohibit such fleets from acquiring highemitting 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

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. 

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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1998 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 

1 88 FR 16439 (March 17, 2023). 

2 88 FR 25636 (April 27, 2023). 

3A transcript of the public hearing is located at 

EPA–HQ–OAR–2023–0153, and all written 

comments are also located at regulations.gov at 

EPA–HQ–OAR–2023–0153. 

4The Decision Document can be found at EPA– 

HQ–OAR–2023–0153. EPA’s authorization decision 

includes the entire 2022 amendment regulatory text 

that can be found in CARB’s January 31, 2023, 

authorization request (the CHC Authorization 

Support Document) found at EPA–HQ–OAR–2023– 

0153–0004. (CARB’s entire authorization to EPA is 

found at EPA–HQ–OAR–2023–0153). The specific 

regulatory provisions under EPA’s authorization 

consideration and included in this decision can be 

found at footnote 1 to the CHC Authorization 

Support Document. 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2023–0153; FRL–11541–01– 

OAR] 

California State Nonroad Engine 

Pollution Control Standards; 

Commercial Harbor Craft 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 to partially grant the 

California Air Resources Board’s 

(‘‘CARB’s’’) request for an authorization 

of amendments adopted in 2022 to its 

Commercial Harbor Craft (‘‘CHC’’) 

regulation (the ‘‘2022 CHC 

Amendments’’). 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–2023–0153. 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: 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–2023–0153 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 Samulski, Office of 

Transportation and Air Quality, U.S. 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, 

Michigan 48105. Telephone: 734–214– 

4532. Email: California-Waivers-andAuthorizations@epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

17, 2023, EPA published a Federal 

Register notice announcing its receipt of 

CARB’s authorization request for the 

2022 CHC Amendments. In that notice, 

EPA invited public comment on 

California’s authorization request and 

an opportunity to present testimony at 

a public hearing.1 On April 27, 2023, 

EPA announced that a public hearing 

would be held.2 EPA held a public 

hearing on June 1, 2023, and the written 

comment period closed on July 1, 2023.3

EPA has considered all comments 

submitted to the public docket on this 

matter. 

On January 6, 2025, I signed a 

Decision Document granting California a 

partial 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 

CHC Amendments.4

The 2022 CHC Amendments apply to 

engines on most types of harbor craft 

that operate in California and add 

several categories that were not 

included in CARB’s regulation (pilot 

boats, research vessels, workboats, 

commercial fishing, commercial 

passenger fishing, and certain tank 


khammond on DSK9W7S144PROD with NOTICES