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
Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 1999 

5California Code of Regulations Section 

93118.5(e)(10). 

6California Code of Regulations Section 

93118.5(i). 

7California Code of Regulations Section 

93118.5(e)(13). 

8California Code of Regulations Section 

93118.5(e)(8, 9). 

9California Code of Regulations Section 

93118.5(e)(12). 

10States 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. 

11See ‘‘Air Pollution Control; Preemption of State 

Regulation for Nonroad Engine and Vehicle 

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

12See ‘‘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. 

13EPA has interpreted CAA section 209(b)(1)(C) 

in the context of section 209(b) motor vehicle 

waivers. 

14The Decision Document can be found at EPA– 

HQ–OAR–2023–0153. 

barges). The 2022 CHC Amendments 

create new emission standards and 

compliance dates that are different 

depending on vessel category and, for 

existing vessels, engine model year. 

Zero-Emission and Advanced 

Technology (‘‘ZEAT’’) requirements 

apply to new and in-use ferries and new 

excursion vessels and phase in 

beginning December 31, 2024.5 The 

owners of these boats are also subject to 

an infrastructure requirement.6

For other harbor craft, both new and 

existing, the 2022 CHC Amendments set 

engine requirements that are equivalent 

in stringency to: (1) the most stringent 

Federal marine engine standard (Federal 

Tier 3 or Tier 4 marine standards) or 

California or Federal offroad engine 

standards (California or Federal Final 

Tier 4 off-road engine standards) that 

were in effect at the time any of the 

aforementioned actions occur and that 

are applicable to new engines with the 

same power ratings and displacements 

as the subject propulsion and auxiliary 

engines, and (2) reflect the addition of 

a level 3 Verified Diesel Emission 

Control Strategy (‘‘VDECS’’), such as a 

verified diesel particulate filter (‘‘DPF’’). 

The exception is for engines on existing 

commercial fishing vessels, which are 

subject to less stringent emission 

standards.7 The compliance dates for 

new vessels are a function of the date 

the vessel is built.8 For existing vessels, 

the compliance dates are a function of 

the engine model year; 9 after that date 

a non-compliant vessel may no longer 

be operated in the regulated waters of 

California. The 2022 CHC Amendments 

also provide compliance extensions for 

qualified vessels. The length of the 

extensions depends on the vessel type. 

Some provisions can provide extensions 

for those situations where no certified 

engines and/or level 3 VDECS are 

available or they are not well suited for 

specific vessels. 

Section 209(e)(1) of the Act 

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.10 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, 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 section 

209(e)(2)(A) that EPA must consider 

before granting any California 

authorization request for nonroad 

engine or vehicle emission standards.11

EPA revised these regulations in 1997.12

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.13 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 CHC 

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 

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). 

As described in the Decision 

Document,14 EPA is granting California 

authorization for the 2022 CHC 

Amendments with the following 

exceptions: (a) at this time, EPA is not 

taking any action regarding the 2022 

CHC Amendments as they pertain to the 

ZEAT standards for in-use short run 


khammond on DSK9W7S144PROD with NOTICES
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 


khammond on DSK9W7S144PROD with NOTICES