Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Notices 35765 

Part A and Part B. Part A defines the 

processes to be used for treatment, 

storage, and disposal of hazardous 

wastes; the design capacity of such 

processes; and the specific hazardous 

wastes to be handled at the facility. Part 

B requires detailed site-specific 

information such as geologic, 

hydrologic, and engineering data. In the 

event that permit modifications are 

proposed by the applicant or the EPA, 

modifications must conform to the 

requirements under Sections 3004 and 

3005. 

Form Numbers: None. 

Respondents/affected entities: Entities 

potentially affected by this action are 

private sector and State, Local, or Tribal 

governments. 

Respondent’s obligation to respond: 

Mandatory (RCRA Section 3005). 

Estimated number of respondents: 

159. 

Frequency of response: On occasion. 

Total estimated burden: 20,086 hours 

per year. Burden is defined at 5 CFR 

1320.03(b). 

Total estimated cost: $7,008,865 (per 

year), which includes $5,697,625 

annualized capital or operation & 

maintenance costs. 

Changes in estimates: The burden 

hours are likely to stay substantially the 

same. 

Dated: June 3, 2022. 

Carolyn Hoskinson, 

Director, Office of Resource Conservation and 

Recovery. 

[FR Doc. 2022–12617 Filed 6–10–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2022–0332; FRL 9902–01– 

OAR] 

California State Motor Vehicle 

Pollution Control Standards and 

Nonroad Engine Pollution Control 

Standards; The ‘‘Omnibus’’ Low NOX

Regulation; Request for Waivers of 

Preemption; Opportunity for Public 

Hearing and Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of opportunity for public 

hearing and comment. 

SUMMARY: The California Air Resources 

Board (CARB) has notified the 

Environmental Protection Agency (EPA) 

that it has finalized its ‘‘Omnibus’’ Low 

NOX Regulation, which establishes 

criteria pollutant exhaust emission 

standards for new 2024 and subsequent 

model year on-road medium- and 

heavy-duty engines and vehicles. The 

regulation also establishes emissionsrelated requirements for off-road 

engines. By letter dated January 31, 

2022, CARB submitted a request that 

EPA grant a waiver of preemption and 

an authorization under the Clean Air 

Act (CAA) for this regulation. This 

notice announces that EPA has 

scheduled a public hearing concerning 

California’s request and that EPA is 

accepting written comment on the 

request. 

DATES: Written comments must be 

received on or before August 2, 2022. 

Public Hearing: EPA plans to hold a 

virtual public hearing on June 29, 2022. 

This one hearing will also cover the 

notices for California’s Advanced Clean 

Truck Regulation, Docket No. EPA–HQ– 

OAR–2022–0331, and 2018 HD 

Warranty Amendments, Docket No. 

EPA–HQ–OAR–2022–0330. Additional 

information regarding the virtual public 

hearing and this action can be found at: 

https://www.epa.gov/regulationsemissions-vehicles-and-engines/publichearing-information-waiver-requestscalifornias. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2022–0332, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov (our preferred 

method). Follow the on-line instructions 

for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1200 Pennsylvania Ave. NW, 

Room B108, Mail Code 6102T, 

Washington, DC 20460, attention Docket 

ID No. EPA–HQ–OAR–2022–0332. 

Please include a total of two copies. 

• Hand Delivery: EPA Docket Center, 

EPA/DC, EPA West, Room B102, 1301 

Constitution Ave. NW, Washington, DC. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. Instructions: Direct your 

comments to Docket ID No EPA–HQ– 

OAR–2022–0332. 

Instructions: All submissions received 

must include the Docket ID No. for this 

action. Comments received may be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. Do not 

submit information that you consider to 

be CBI or otherwise protected through 

http://www.regulations.gov or email. For 

the full EPA public comment policy, 

information about Confidential Business 

Information (CBI) or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www.epa.gov/dockets/ 

commenting-epa-dockets. 

The http://www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to EPA without 

going through http://

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. Docket: All documents in the 

docket are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. 

EPA has established a docket for this 

action under EPA–HQ–OAR–2022– 

0332. Publicly available docket 

materials are available either 

electronically at https://

www.regulations.gov or in hard copy at 

the Air and Radiation Docket in the EPA 

Docket Center, (EPA/DC) EPA West, 

Room B102, 1301 Constitution Ave. 

NW, Washington, DC. Due to public 

health concerns related to COVID–19, 

the EPA Docket Center and Reading 

Room are open to the public by 

appointment only, and walk-ins are not 

allowed. Visitors to the Reading Room 

must complete docket material requests 

in advance and then make an 

appointment to retrieve the material. 

Please contact the EPA Reading Room 

staff at (202) 566–1744 or via email at 

docket-customerservice@epa.gov to 

arrange material requests and 

appointments. Hand deliveries and 

couriers may be received by scheduled 

appointment only. For further 

information on EPA Docket Center 

services and status, please visit us 

online at https://www.epa.gov/ dockets. 

EPA’s Office of Transportation and 

Air Quality also maintains a web page 

that contains general information on its 

review of California waiver and 


khammond on DSKJM1Z7X2PROD with NOTICES
35766 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Notices 

1The Omnibus regulation is comprised of new 

title 13, California Code of Regulations (Cal. Code 

Regs.) sections 2139.5, and 2169.1 through 2169.8; 

amendments to title 13, Cal. Code Regs., sections 

1900, 1956.8, 1961.2, 1965, 1968.2, 1971.1, 1971.5, 

2035, 2036, 2111, 2112, 2113, 2114, 2115, 2116, 

2117, 2118, 2119, 2121, 2123, 2125, 2126, 2127, 

2128, 2129, 2130, 2131, 2133, 2137, 2139, 2140, 

2141, 2142, 2143, 2144, 2145, 2146, 2147, 2148, 

2149, 2166, 2166.1, 2167, 2168, 2169, 2170, 2423, 

and 2485; and amendments to title 17 Cal. Code 

Regs. sections 95662 and 95663. 

2Letter from Richard W. Corey, CARB, dated 

December 31, 2022, at p. 1, available at Docket No. 

EPA–HQ–OAR–2022–0332. The Waiver Request 

Support Document, attached to the letter from Mr. 

Corey, is available to Docket No. EPA–HQ–OAR– 

2022–0332. 

3Letter from Richard W. Corey, CARB, dated 

December 31, 2022, at p. 1. 

4The Waiver Request Support Document 

provides a summary of the adopted regulation, a 

brief history of similar regulations, and an analysis 

of the adopted regulation under the waiver criteria 

in section 209(b)(1) of the CAA. 

5Waiver Request Support Document at 46–50. 

Similarly, for CARB’s off-road regulation at 73. 

6Waiver Request Support Document at 50–52. 

Similarly, for CARB’s off-road regulation at 74–75. 

7Waiver Request Support Document at 52–72. 

Similarly, for CARB’s off-road regulation at 75–77. 

8 ‘‘The language of the statute and its legislative 

history indicate that California’s regulations, and 

California’s determination that they comply with 

the statute, when presented to the Administrator are 

presumed to satisfy the waiver requirements and 

that the burden of proving otherwise is on whoever 

attacks them.’’ Motor and Equipment Mfrs. Ass’n v. 

EPA, 627 F.2d 1095, 1121 (D.C. Cir. 1979). 

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-andlocaltransportation/vehicleemissionscalifornia-waivers-andauthorizations. Please note that due to 

differences between the software used to 

develop the documents and the software 

into which the documents may be 

downloaded, changes in format, page 

length, etc., may occur. 

Public Hearing. The virtual public 

hearing will be held on June 29, 2022. 

The hearing will begin at 9:00 a.m. 

Eastern Time (ET) and end when all 

parties who wish to speak have had an 

opportunity to do so. As noted above, 

this hearing will also cover the notices 

for California’s Advanced Clean Truck 

Regulation, Docket No. EPA–HQ–OAR– 

2022–0331, and 2018 HD Warranty 

Amendments, Docket No. EPA–HQ– 

OAR–2022–0330. All hearing attendees 

(including those who do not intend to 

provide testimony and merely listen) 

should register at: https://

usepa.zoomgov.com/webinar/register/ 

WN_ByheDTzYSPuoGbv8J7yNwg by 

June 21, 2022. Please refer to 

Instructions in the ADDRESSES section 

and Procedures for Public Participation 

in the SUPPLEMENTARY INFORMATION

section for additional information on 

the public hearing and public comment 

process. 

FOR FURTHER INFORMATION CONTACT: 

David Dickinson, Transportation and 

Climate Division (6405J), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460, Email: Dickinson.David@epa.gov 

or Kayla Steinberg, Office of 

Transportation and Air Quality, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460, Email: Steinberg.Kayla@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. CARB’s New Waiver and 

Authorization Requests 

CARB’s January 31, 2022, letter to the 

Administrator notified EPA that CARB 

had adopted its ‘‘Omnibus’’ Low NOX

Regulation.1 The ‘‘Omnibus’’ Low NOX

regulation, adopted by the Board on 

August 27, 2020, establishes the next 

generation of criteria pollutant 

(specifically, nitrous oxide (NOX) and 

particulate matter (PM)) exhaust 

emission standards and other emissionrelated requirements for new 2024 and 

subsequent model year on-road 

medium- and heavy-duty engines and 

vehicles. In addition to these on-road 

requirements, the Omnibus Low NOX

Regulation incorporates the PM 

emission standard established in the 

federal Phase 2 GHG Regulation into 

both California’s Heavy-Duty Diesel 

Engine Idling Regulation and the 

associated California off-road diesel test 

procedures for diesel-fueled auxiliary 

power units (APUs).2 CARB requests 

that EPA grant a new waiver for the onroad medium- and heavy-duty engines 

and vehicles standards and an 

authorization for the off-road regulation. 

CARB’s request and waiver analysis 

includes ‘‘a description of California’s 

rulemaking action, a review of the 

criteria governing EPA’s evaluation of 

California’s request for waiver and 

authorization action, [CARB’s] analysis 

and rationale supporting [its] request, 

and supporting documents.’’ 3 CARB’s 

waiver and authorization analysis, set 

forth in the Waiver Request Support 

Document, addresses how the on-road 

regulations within the Omnibus Low 

NOX regulation contained in the waiver 

request meets each of the three waiver 

criteria in section 209(b)(1) and 

addresses how the off-road regulations 

contained in the request meets each of 

the three authorization criteria in 

section 209(e)((2)(A) of the CAA.4 For 

example, CARB explains how its 

regulations will not cause California 

motor vehicle emission standards, in the 

aggregate, to be less protective of public 

health and welfare than applicable 

federal standards and that no basis 

exists for the Administrator of EPA to 

find that CARB’s determination is 

arbitrary and capricious under section 

209(b)(1)(A) of the CAA.5 CARB also 

explains how it continues to 

demonstrate California’s need for a 

separate motor vehicle emission 

program, under section 209(b)(1)(B) of 

the CAA.6 Finally, CARB explains how 

the regulations in its waiver request 

meet the requirement in section 

209(b)(1)(C), which requires California’s 

regulations to be consistent with section 

202(a) of the CAA.7

II. Scope of Preemption and Criteria for 

a Waiver Under the Clean Air Act 

Section 209(a) of the Clean Air Act, as 

amended (‘‘Act’’), 42 U.S.C. 7543(a), 

provides: 

No State or any political subdivision 

thereof shall adopt or attempt to enforce any 

standard relating to the control of emissions 

from new motor vehicles or new motor 

vehicle engines subject to this part. No state 

shall require certification, inspection or any 

other approval relating to the control of 

emissions from any new motor vehicle or 

new motor vehicle engine as condition 

precedent to the initial retail sale, titling (if 

any), or registration of such motor vehicle, 

motor vehicle engine, or equipment. 

Section 209(b) of the Act requires the 

Administrator, after notice and 

opportunity for public hearing, to waive 

application of the prohibitions of 

section 209(a) for any state that has 

adopted standards (other than crankcase 

emission standards) for the control of 

emissions from new motor vehicles or 

new motor vehicle engines prior to 

March 30, 1966, if the state determines 

that the state standards will be, in the 

aggregate, at least as protective of public 

health and welfare as applicable Federal 

standards. California is the only state 

that is qualified to seek and receive a 

waiver under section 209(b).8 Section 

209(b)(1) requires the Administrator to 

grant a waiver unless he finds that (A) 

the determination of the state is 

arbitrary and capricious, (B) the state 

does not need the state standards to 

meet compelling and extraordinary 

conditions, or (C) the state standards 

and accompanying enforcement 

procedures are not consistent with 

section 202(a) of the Act. Previous 

decisions granting waivers of Federal 

preemption for motor vehicles have 

stated that State standards are 

inconsistent with section 202(a) if there 

is inadequate lead time to permit the 

development of the necessary 

technology giving appropriate 

consideration to the cost of compliance 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Notices 35767 

9To be consistent, the California certification 

procedures need not be identical to the Federal 

certification procedures. California procedures 

would be inconsistent, however, if manufacturers 

would be unable to meet the state and the Federal 

requirements with the same test vehicle in the 

course of the same test. See, e.g., 43 FR 32182 (July 

25, 1978). 

10 59 FR 36969 (July 20, 1994). These regulations 

were subsequently slightly modified and moved to 

40 CFR part 1074. See 73 FR 59379 (Oct. 8, 2008). 

11See, e.g., 81 FR 78149, 78153 (November 7, 

2016); 81 FR 95982, 95985–95986 (December 29, 

2016). EPA recently found and confirmed, in the 

Agency’s reconsideration of a previous withdrawal 

of a waiver of preemption for CARB’s Advanced 

Clean Car program, that the traditional 

interpretation of section 209(b)(1)(B) was 

appropriate and continues to be a better 

interpretation (87 FR 14332, 14367 (March 14, 

2022). CARB’s January 31, 2022, waiver request 

addresses both the traditional and an alternative 

interpretation wherein the need for the specific 

standards in the waiver request would be evaluated. 

12See, e.g., 81 FR 78149, 78153–78154 (‘‘EPA has 

previously stated that the determination is limited 

to whether those opposed to the waiver have met 

their burden of establishing that California’s 

standards are technologically infeasible, or that 

California’s test procedures impose requirements 

inconsistent with the federal test procedure. 

Infeasibility would be shown here by demonstrating 

that there is inadequate lead time to permit the 

development of technology necessary to meet the 

2013 HD OBD New or Stricter Requirements that 

are subject to the waiver request, giving appropriate 

consideration to the cost of compliance within that 

time.’’ (citing 38 FR 30136 (November 1, 1973) and 

40 FR 30311 (July 18, 1975)); 81 FR 95982, 95986 

(December 29, 2016); 70 FR 50322 (August 26, 

2005). 

13For example, section 202(a)(3)(C) of the CAA 

provides: ‘‘(C) Lead time and stability.—Any 

standard promulgated or revised under this 

paragraph and applicable to classes or categories of 

heavy-duty vehicles or engines shall apply for a 

period of no less than 3 model years beginning no 

earlier than the model year commencing 4 years 

after such revised standard is promulgated.’’ See 

also 59 FR 48625 (September 22, 1994) and 

associated Decision Document at EPA–HQ–OAR– 

2022–0332; EPA’s Notice of denial—Petition for 

Reconsideration of Waiver of Federal Preemption 

for California to Enforce Its NOX Emission 

Standards and Test Procedures, 46 FR 22032 (April 

15, 1981). 

within that time period or if the Federal 

and State test procedures impose 

inconsistent certification procedures.9

Section 209(e)(1) of the CAA, 42 

U.S.C. 7543(e)(1), prohibits states and 

local governments from adopting or 

attempting to enforce any standard or 

requirement relating to the control of 

emissions from new nonroad vehicles or 

engines. The CAA also preempts states 

from adopting and enforcing standards 

and other requirements related to the 

control of emissions from non-new 

nonroad engines or vehicles. Section 

209(e)(2)(A) requires the Administrator, 

after notice and opportunity for public 

hearing, to authorize California to adopt 

and enforce standards and other 

requirements relating to the control of 

emissions from such nonroad vehicles 

or engines if California determines that 

California standards will be, in the 

aggregate, at least as protective of public 

health and welfare as applicable Federal 

standards. Section 209(e)(2)(A) requires 

the Administrator to grant an 

authorization of California’s 

requirements unless he finds that (1) the 

determination of California is arbitrary 

and capricious; (2) California does not 

need such California standards to meet 

compelling and extraordinary 

conditions; or (3) California standards 

and accompanying enforcement 

procedures are not consistent with this 

section. 

On July 20, 1994, EPA promulgated a 

rule that sets forth, among other things, 

regulations providing the criteria, as 

found in section 209(e)(2)(A), which 

EPA must consider before granting any 

California authorization request for new 

nonroad engine or vehicle emission 

standards. EPA revised these regulations 

in 1997.10 As stated in the preamble to 

the 1994 rule, EPA has historically 

interpreted the section 209(e)(2)(A)(iii) 

‘‘consistency’’ inquiry 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) (as EPA has 

interpreted that subsection in the 

context of section 209(b) motor vehicle 

waivers). 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. 

III. Request for Comment 

When EPA receives new waiver or 

authorization requests from CARB, EPA 

traditionally publishes a notice of 

opportunity for public hearing and 

comment and then, after the comment 

period has closed, publishes a notice of 

its decision in the Federal Register. 

Regarding California’s request for a 

waiver under section 209(b), for its 

motor vehicle emission standards, EPA 

invites comment on the following three 

criteria: whether (a) California’s 

determination that its motor vehicle 

emission standards are, in the aggregate, 

at least as protective of public health 

and welfare as applicable Federal 

standards is arbitrary and capricious, (b) 

California needs such standards to meet 

compelling and extraordinary 

conditions, and (c) California’s 

standards and accompanying 

enforcement procedures are consistent 

with section 202(a) of the Clean Air Act. 

With regard to section 209(b)(1)(B), 

EPA must grant a waiver request unless 

the Agency finds that California ‘‘does 

not need such State standards to meet 

compelling and extraordinary 

conditions.’’ EPA has interpreted the 

phrase ‘‘need[s] such State standards to 

meet compelling and extraordinary 

conditions’’ to mean that California 

needs a separate motor vehicle program 

as a whole in order to address 

environmental problems caused by 

conditions specific to California and/or 

effects unique to California (the 

‘‘traditional’’ interpretation).11 EPA 

intends to use this traditional 

interpretation in evaluating California’s 

Omnibus Low NOX Regulations. EPA 

seeks comment on whether California 

needs the Omnibus Low NOX

Regulations under section 209(b)(1)(B). 

With regard to section 209(b)(1)(C), 

EPA must grant a waiver request unless 

the Agency finds that California’s 

standards are not consistent with 

section 202(a). EPA has previously 

stated that consistency with section 

202(a) requires that California’s 

standards must be technologically 

feasible within the lead time provided, 

giving due consideration to costs, and 

that California and applicable Federal 

test procedures be consistent.12

Included in, but not limited to, EPA’s 

request for comment is what provisions 

in section 202(a) of the CAA are 

applicable to California due to the 

reference of section 202(a) in section 

209(b)(1)(C).13 EPA invites comment on 

how such provisions, to the extent they 

may be applicable to California, should 

be evaluated in the context of EPA’s 

evaluation of CARB’s waiver request 

under the criteria in section 209(b)(1)(C) 

of the CAA. 

Regarding California’s request for 

authorization under section 209(e), for 

its incorporation of the federal Phase 2 

GHG Regulation PM standard for dieselfueled APUs into California’s HeavyDuty Diesel Engine Idling Regulation 

and off-road test procedures, we request 

comment on: (a) Whether CARB’s 

determination that its standards, in the 

aggregate, are at least as protective of 

public health and welfare as applicable 

federal standards is arbitrary and 

capricious; (b) whether California needs 

such standards to meet compelling and 

extraordinary conditions; and (c) 

whether California’s standards and 


khammond on DSKJM1Z7X2PROD with NOTICES
35768 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Notices 

accompanying enforcement procedures 

are consistent with section 209 of the 

Act. 

IV. Procedures for Public Participation 

EPA will begin pre-registering 

speakers for the hearing upon 

publication of this document in the 

Federal Register. To register to speak at 

the virtual hearing, please visit: https:// 

usepa.zoomgov.com/webinar/register/ 

WN_ByheDTzYSPuoGbv8J7yNwg. The 

last day to pre-register to speak at the 

hearing will be June 21, 2022. If you 

require the services of a translator or 

special accommodations such as audio 

description, please pre-register for the 

hearing and describe your needs by June 

14, 2022. EPA may not be able to 

arrange accommodations without 

advance notice. 

Each commenter will have 5 minutes 

to provide oral testimony. EPA may ask 

clarifying questions during the oral 

presentations but will not respond to 

the presentations at that time. EPA 

recommends submitting the text of your 

oral comments as written comments to 

the rulemaking docket. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as oral comments and supporting 

information presented at the public 

hearing. 

The Agency will make a verbatim 

record of the proceedings at the hearing 

and will be placed in the docket. EPA 

will keep the record open until August 

2, 2022. Upon expiration of the 

comment period, the Administrator will 

render a decision on CARB’s request 

based on the record of the public 

hearing, relevant written submissions, 

and other information that she deems 

pertinent. 

Persons with written comments 

containing proprietary information must 

distinguish such information from other 

comments to the greatest possible extent 

and label it as ‘‘Confidential Business 

Information’’ (CBI). If a person making 

comments wants EPA to base its 

decision in part on a submission labeled 

CBI, then a non-confidential version of 

the document that summarizes the key 

data or information should be submitted 

for the public docket. To ensure that 

proprietary information is not 

inadvertently placed in the docket, 

submissions containing such 

information should be sent directly to 

the contact person listed above and not 

to the public docket. Information 

covered by a claim of confidentiality 

will be disclosed by EPA only to the 

extent allowed and by the procedures 

set forth in 40 CFR part 2. If no claim 

of confidentiality accompanies the 

submission when EPA receives it, EPA 

will make it available to the public 

without further notice to the person 

making comments. 

Sarah Dunham, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2022–12719 Filed 6–10–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2022–0331; FRL 9883–01– 

OAR] 

California State Motor Vehicle 

Pollution Control Standards; Advanced 

Clean Trucks; Zero Emission Airport 

Shuttle; Zero-Emission Power Train 

Certification; Request for Waiver of 

Preemption; Opportunity for Public 

Hearing and Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of opportunity for public 

hearing and comment. 

SUMMARY: The California Air Resources 

Board (CARB) has notified the 

Environmental Protection Agency (EPA) 

that it has finalized three rulemaking 

actions—the Advanced Clean Trucks 

(ACT), Zero Emission Airport Shuttle 

Bus (ZEAS), and Zero Emission 

Powertrain (ZEP) Certification 

regulations. The regulations require 

manufacturers to produce and sell 

increasing numbers of zero-emission 

medium and heavy-duty vehicles, 

require certain fleets to acquire 

increasing numbers of zero emitting 

airport shuttles, and establish new 

certification requirements and optional 

emission standards for 2021 and 

subsequent model year zero-emission 

medium- and heavy-duty vehicles and 

the zero-emission powertrains installed 

on them. By letter dated December 20, 

2021, CARB submitted a request that 

EPA grant waivers of preemption under 

the Clean Air Act (CAA) This notice 

announces that EPA has scheduled a 

public hearing concerning California’s 

request and that EPA is accepting 

written comment on the request. 

DATES: Written comments must be 

received on or before August 2, 2022. 

Public Hearing: EPA plans to hold a 

virtual public hearing on June 29, 2022. 

This one hearing will also cover the 

notices for California’s Omnibus Low 

NOX Regulation, Docket No. EPA–HQ– 

OAR–2022–0332, and 2018 HD 

Warranty Amendments, Docket No. 

EPA–HQ–OAR–2022–0330. Additional 

information regarding the virtual public 

hearing and this action can be found at: 

https://usepa.zoomgov.com/webinar/ 

register/WN_

ByheDTzYSPuoGbv8J7yNwg. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2022–0331, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov (our preferred 

method). Follow the on-line instructions 

for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1200 Pennsylvania Ave. NW, 

Room B108, Mail Code 6102T, 

Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–OAR–2022– 

0331. Please include a total of two 

copies. 

• Hand Delivery: EPA Docket Center, 

EPA/DC, EPA West, Room B102, 1301 

Constitution Ave. NW, Washington, DC. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. Instructions: Direct your 

comments to Docket ID No EPA–HQ– 

OAR–2022–0331. 

Instructions: All submissions received 

must include the Docket ID No. for this 

action. Comments received may be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. Do not 

submit information that you consider to 

be CBI or otherwise protected through 

http://www.regulations.gov or email. For 

the full EPA public comment policy, 

information about Confidential Business 

Information (CBI) or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www.epa.gov/dockets/ 

commenting-epa-dockets. 

The http://www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to EPA without 

going through http://

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 


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