2000 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 

15See provisions in CCR Title 13, Section 

93118.5(e)(10) specific to in-use short-run ferries. 16CCR Title 13, Section 93118.5(e)(12)(A) 

through (e)(12)(D). 17CCR Title 13, Section 93118.5(e)(12)(E)(3). 18CCR Title 13, Section 93118.5(e)(12)(F). 

1 89 FR 32422 (April 26, 2024). 

2A transcript of the public hearing is located at 

EPA–HQ–OAR–2024–0030–0017, and all written 

comments are also located at regulations.gov at 

EPA–HQ–OAR–2024–0030. 

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

HQ–OAR–2024–0030. The entire 2022 amendment 

regulatory text for TRU can be found in CARB’s 

December 29, 2022, authorization request (the TRU 

Final Regulation Order) found at EPA–HQ–OAR– 

2024–0030–0004. (CARB’s entire authorization 

request to EPA is found at EPA–HQ–OAR–2024– 

0030). 

4States are expressly preempted from adopting or 

attempting to enforce any standard or other 

ferries; 15 and (b) at this time, EPA is not 

taking any action regarding the 2022 

CHC Amendments as they pertain to 

standards for in-use engines and vessels 

(excluding commercial fishing 

vessels) 16 that would apply after the 

expiration of the feasibility extensions 

when an engine or DPF is not feasible 

and the owner cannot afford vessel 

replacement (‘‘E3’’).17 However, EPA’s 

authorization does cover the provisions 

related to VDECS that are installed on 

an in-use vessel at any time.18

Accordingly, I hereby granted the 

authorization requested by California, 

with the exceptions noted above. 

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. 2025–00465 Filed 1–8–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2024–0030; FRL–10891–02– 

OAR] 

California State Nonroad Engine 

Pollution Control Standards; In-Use 

Diesel-Fueled Transport Refrigeration 

Units (TRU) and TRU Generator Sets; 

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 to its In-Use DieselFueled Transport Refrigeration Units 

(TRU) and TRU Generator Sets 

(collectively, ‘‘TRU’’) regulations (‘‘2022 

TRU 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–2024–0030. 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–2024– 

0030 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, MI 

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 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 

amendments to CARB’s In-Use DieselFueled TRU and TRU Generator Sets 

(collectively, ‘‘TRU’’) regulations (the 

‘‘2022 TRU Amendments’’).3 These 

amendments contain several provisions 

including, but not limited to, a 

requirement that certain TRUs 

manufactured after a certain date use a 

refrigerant less than or equal to a 

specified global warming potential 

(GWP), a requirement that non-truck 

TRUs meet specified particulate matter 

(PM) standards, a requirement that TRU 

owners transition a percentage of their 

diesel-fueled truck TRU fleet to zeroemission technology refrigeration units 

(ZETRU), and a requirement that owners 

of certain facilities are subject to 

registration and reporting requirements. 

A comprehensive description of 

California’s 2022 TRU Amendments can 

be found in the Decision Document for 

this authorization and in materials 

submitted to the Docket by CARB. As 

described in the Decision Document, 

this authorization encompasses all of 

the regulations in CARB’s 2022 TRU 

Amendments except the requirement for 

TRU owners to turnover at least 15 

percent of their diesel-fueled truck TRU 

fleet to ZETRU by December 31, 2023, 

and each year thereafter. 

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.4 For all other 


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Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 2001 

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 

section 209(e)(1) of the Act also applies to new 

locomotives or new engines used in locomotives. 

5See ‘‘Air Pollution Control; Preemption of State 

Regulation for Nonroad Engine and Vehicle 

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

6See ‘‘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. 

7EPA has interpreted section 209(b)(1)(C) in the 

context of section 209(b) motor vehicle waivers. 

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, 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.5

EPA revised these regulations in 1997.6

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.7 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. 

CARB determined that the 2022 TRU 

Amendments 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 

the 2022 TRU Amendments 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 that 

EPA is authorizing are not consistent 

with section 209. Thus, based on the 

record, I cannot deny the authorization 

based on section 209(e)(2)(A)(iii). 

EPA is not acting at this time on 

CARB’s ZETRU requirements for the 

turnover of at least 15 percent of their 

diesel-fueled truck TRU fleet to ZETRU 

by December 31, 2023, (and each year 

thereafter.) 

Accordingly, I hereby granted the 

authorization requested by California, 

with the exception noted above. 

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. 2025–00253 Filed 1–8–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL OP–OFA–161] 

Environmental Impact Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information 202– 

564–5632 or https://www.epa.gov/nepa. 

Weekly receipt of Environmental Impact 

Statements (EIS) 

Filed December 27, 2024 10 a.m. EST 

Through January 6, 2025 10 a.m. EST 

Pursuant to 40 CFR 1506.9. 

Notice: Section 309(a) of the Clean Air 

Act requires that EPA make public its 

comments on EISs issued by other 

Federal agencies. EPA’s comment letters 

on EISs are available at: https://

cdxapps.epa.gov/cdx-enepa-II/public/ 

action/eis/search. 

EIS No. 20250000, Final, NMFS, MA, 

ADOPTION—SouthCoast Wind 

Project, Contact: Karolyn Lock 301– 

427–8401. 

The National Marine Fisheries Service 

(NMFS) has adopted the Bureau of 

Ocean Energy Management’s Final EIS 

No. 20240213 filed 11/08/2024 with the 

Environmental Protection Agency. The 

NMFS was a cooperating agency on this 

project. Therefore, republication of the 

document is not necessary under 

Section 1506.3(b)(2) of the CEQ 

regulations. 

EIS No. 20250001, Final, NMFS, MD, 

ADOPTION—Maryland Offshore 

Wind, Contact: Karolyn Lock 301– 

427–8401. 


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