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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Notices]
[Pages 2000-2001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00253]

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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.

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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 Diesel-Fueled 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: [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-2024-0030 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, MI 
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-
2024-0030-0017, and all written comments are also located at 
regulations.gov at EPA-HQ-OAR-2024-0030.
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    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 Diesel-Fueled 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 zero-
emission 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.
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    \3\ EPA'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).
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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.\4\ For all other

[[Page 2001]]

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.
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    \4\ 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 
section 209(e)(1) of the Act 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.\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.
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    \5\ See ``Air Pollution Control; Preemption of State Regulation 
for Nonroad Engine and Vehicle Standards,'' 59 FR 36969 (July 20, 
1994).
    \6\ 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.
    \7\ 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 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
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