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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Notices]
[Pages 1998-2000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00465]

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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.

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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 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: [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-2023-0153 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/state-and-local-transportation/vehicle-emissions-california-waivers-and-authorizations.

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: [email protected].

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.
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    \1\ 88 FR 16439 (March 17, 2023).
    \2\ 88 FR 25636 (April 27, 2023).
    \3\ A 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.
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    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\
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    \4\ The 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.
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    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

[[Page 1999]]

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\
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    \5\ California Code of Regulations Section 93118.5(e)(10).
    \6\ California Code of Regulations Section 93118.5(i).
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    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.
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    \7\ California Code of Regulations Section 93118.5(e)(13).
    \8\ California Code of Regulations Section 93118.5(e)(8, 9).
    \9\ California Code of Regulations Section 93118.5(e)(12).
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    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.
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    \10\ 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 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.
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    \11\ See ``Air Pollution Control; Preemption of State Regulation 
for Nonroad Engine and Vehicle Standards,'' 59 FR 36969 (July 20, 
1994).
    \12\ 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.
    \13\ EPA has interpreted CAA section 209(b)(1)(C) in the context 
of section 209(b) motor vehicle waivers.
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    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

[[Page 2000]]

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\
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    \14\ The Decision Document can be found at EPA-HQ-OAR-2023-0153.
    \15\ See provisions in CCR Title 13, Section 93118.5(e)(10) 
specific to in-use short-run ferries.
    \16\ CCR Title 13, Section 93118.5(e)(12)(A) through (e)(12)(D).
    \17\ CCR Title 13, Section 93118.5(e)(12)(E)(3).
    \18\ CCR Title 13, Section 93118.5(e)(12)(F).
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    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
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