Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 58583 

1Section 209(e)(1) states, in part: No State or and 

political subdivision thereof shall adopt or attempt 

to enforce any standard or other requirement 

relating to the control of emissions from either of 

the following new nonroad engines or nonroad 

vehicles subject to regulation under this Act—(A) 

New engines which are used in construction 

equipment or vehicles used in farm equipment or 

vehicles and which are smaller that 175 

horsepower. (B) New locomotives or new engines 

used in locomotives. EPA’s regulation was 

published at 59 FR 36969 (July 20, 1994), and 

regulations set forth therein, 40 CFR Part 85, 

Subpart Q, §§ 85.1601 et seq. A new rule, signed on 

Continued 

Engine Parts Manufacturers; Motor 

Vehicle Body Manufacturers; 

Construction Machinery Manufacturers; 

Industrial Truck, Tractor, Trailer, and 

Stacker Machinery Manufacturers; 

Military Armored Vehicle, Tank, and 

Tank Component Manufacturers; Other 

Engine Equipment Manufacturers; Other 

Motor Vehicle Electrical and Electronic 

Equipment Manufacturers. 

Estimated Number of Respondents: 2. 

Frequency of Response: Annual, 

quarterly and on occasion. 

Estimated Total Annual Hour Burden: 

1,178. 

Estimated Total Annual Cost: 

$98,789, includes $18,180 in O&M costs 

and no capital costs. 

Changes in the Estimates: There is no 

change in the total estimated burden 

currently identified in the OMB 

Inventory of Approved ICR Burdens. 

Dated: October 1, 2008. 

Sarah Hisel-McCoy, 

Director, Collection Strategies Division. 

[FR Doc. E8–23686 Filed 10–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8726–5] 

California State Nonroad Engine 

Pollution Control Standards; California 

Nonroad Compression Ignition 

Engines; Within-the-Scope Request; 

Opportunity for Public Hearing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of opportunity for public 

hearing and comment. 

SUMMARY: The California Air Resources 

Board (CARB) has notified EPA that it 

has amended or adopted emission 

standards and accompanying testing 

procedures for new nonroad 

compression ignition (CI) engines in two 

CARB rulemakings. By letter dated July 

18, 2007, CARB submitted a request 

seeking EPA confirmation that its 

amendments affecting three broad 

power categories expressed in kilowatts 

(kW) (under 19 kW, 19 kW to under 130 

kW, and 130kW and greater) are within 

the scope of previous authorizations 

issued by EPA under section 209(e) of 

the Clean Air Act (CAA), 42 U.S.C. 

7543(e). In the alternative CARB seeks a 

new authorization for these standards. 

This notice announces that EPA has 

tentatively scheduled a public hearing 

concerning California’s request and that 

EPA is accepting written comment on 

the request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on November 6, 2008 beginning 

at 10 a.m. EPA will hold a hearing only 

if a party notifies EPA by October 27, 

2008, expressing its interest in 

presenting oral testimony. By November 

3, 2008, any person who plans to attend 

the hearing should call David Dickinson 

at (202)343–9256 to learn if a hearing 

will be held. If EPA does not receive a 

request for a public hearing, then EPA 

will not hold a hearing, and instead 

consider CARB’s request based on 

written submissions to the docket. Any 

party may submit written comments by 

November 21, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0640, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2008– 

0640, Environmental Protection Agency, 

Mailcode: 6102T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460. 

Please include a total of two copies. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20460. 

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–2008– 

0640. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site 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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Parties wishing to present oral 

testimony at the public hearing should 

provide written notice to David 

Dickinson at the address noted below. If 

EPA receives a request for a public 

hearing, EPA will hold the public 

hearing at 1310 L St, NW., Washington, 

DC 20005 at 10 a.m. 

FOR FURTHER INFORMATION CONTACT: 

David Dickinson, Compliance and 

Innovative Strategies Division (6405J), 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Ave, NW., 

Washington, DC 20460. Telephone: 

(202) 343–9256, Fax: (202) 343–2804, email address: 

Dickinson.David@EPA.GOV. 

SUPPLEMENTARY INFORMATION: 

Background and Discussion: Section 

209(e)(1) of the Act addresses the 

permanent preemption of 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. 

Section 209(e)(2) of the Act requires the 

Administrator to grant California 

authorization to enforce state standards 

for new nonroad engines or vehicles 

which are not listed under section 

209(e)(1), subject to certain restrictions. 

On July 20, 1994, EPA promulgated a 

regulation that sets forth, among other 

things, the criteria, as found in section 

209(e)(2), by which EPA must consider 

any California authorization requests for 

new nonroad engines or vehicle 

emission standards (section 209(e) 

rules).1

mstockstill on PROD1PC66 with NOTICES

58584 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 

September 4, 2008, moves these provisions to 40 

CFR Part 1074. 

2See 40 CFR Part 85, Subpart Q, § 85.1605. Upon 

effectiveness of the new rule, these criteria will be 

codified at 40 CFR 1074.105. 

3See 59 FR 36969, 36983 (July 20, 1994). 

4Section 209(e)(1) of the Act has been 

implemented, see 40 CFR Part 85, Subpart Q 

§§ 85.1602, 85.1603. Upon effectiveness of the new 

rule noted above, these permanently preempted 

categories will be codified at 40 CFR 1074.10, 

1074.12. 

5To 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 both the state and the 

Federal requirement with the same test vehicle in 

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

(July 25, 1978). 

6See CARB’s authorization support document 

submitted on July 18, 2008 at p. 21. 

Section 209(e)(2) requires the 

Administrator, after notice and 

opportunity for public hearing, to 

authorize California to enforce 

standards and other requirements 

relating to emissions control of new 

engines not listed under section 

209(e)(1). The section 209(e) rule and its 

codified regulations 2 formally set forth 

the criteria, located in section 209(e)(2) 

of the Act, by which EPA must grant 

California authorization to enforce its 

new nonroad emission standards and 

they are as follows: 

(a) The Administrator shall grant the 

authorization if California determines 

that its standards will be, in the 

aggregate, at least as protective of public 

health and welfare as applicable Federal 

standards. 

(b) The authorization shall not be 

granted if the Administrator 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 section 209. 

As stated in the preamble to the 

section 209(e) rule, EPA has interpreted 

the requirement ‘‘California standards 

and accompanying enforcement 

procedures are not consistent with 

section 209’’ to mean that California 

standards and accompanying 

enforcement procedures must 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 motor vehicle waivers.3 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. Secondly, 

California’s nonroad standards and 

enforcement procedures must be 

consistent with section 209(e)(1), which 

identifies the categories permanently 

preempted from state regulation.4

California’s nonroad standards and 

enforcement procedures would be 

considered inconsistent with section 

209 if they applied to the categories of 

engines or vehicles identified and 

preempted from State regulation in 

section 209(e)(1). 

Finally, because California’s nonroad 

standards and enforcement procedures 

must be consistent with section 

209(b)(1)(C), EPA reviews nonroad 

authorization requests under the same 

‘‘consistency’’ criteria that are applied 

to motor vehicle waiver requests. Under 

section 209(b)(1)(C), the Administrator 

shall not grant California a motor 

vehicle waiver if he finds that California 

‘‘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 

within that time period or if the Federal 

and State test procedures impose 

inconsistent certification procedures.5

CARB has submitted to EPA its 2000 

Off-road Compression-Ignition Engine 

regulations adopted at its January 28, 

2000 public hearing (these regulations 

codified and incorporated all new offroad CI emission standards and test 

procedures in division 3, chapter 9, 

article 4 of title 13, California Code of 

Regulations to include all Californiacertified 2000 and subsequent model 

year off-road CI engines) and its 

regulations adopted at its December 9, 

2004 Board hearing (these regulations 

harmonized California’s standards and 

procedures with those promulgated by 

EPA in its Tier 4 rulemaking (69 FR 

38958 (June 29, 2004) and EPA 

subsequent technical amendments at 70 

FR 40420 (July 13, 2005)). 

When EPA receives new authorization 

requests from CARB, EPA traditionally 

publishes a notice of opportunity for 

public hearing and comment and then 

publishes a decision in the Federal 

Register following the public comment 

period. In contrast, when EPA receives 

within the scope waiver requests from 

CARB, EPA usually publishes a decision 

in the Federal Register and 

concurrently invites public comment if 

an interested part is opposed to EPA’s 

decision. 

Although CARB has submitted a 

within the scope waiver request, EPA 

invites comment on the following 

issues: whether California’s standards, 

within the context of a within the scope 

analysis (a) Undermine California’s 

previous determination that its 

standards, in the aggregate, are at least 

as protective of public health and 

welfare as comparable Federal 

standards, (b) affect the consistency of 

California’s requirements with section 

202(a) of the Act, and (c) raise new 

issues affecting EPA’s previous waiver 

determinations. Please also provide 

comment that if CARB’s standards were 

not found to be within the scope of 

previous waivers and instead required a 

full waiver analysis, whether (a) 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) California needs separate 

standards to meet compelling and 

extraordinary conditions, and (c) 

California’s standards and 

accompanying enforcement procedures 

are consistent with section 202(a) of the 

Act. 

EPA also invites comment on CARB’s 

suggestion to EPA that where CARB is 

harmonizing its standards with a more 

stringent federal standard then EPA 

should conduct a pre-determination 

hearing where interested parties have 

the opportunity to comment both on the 

appropriateness of using the within the 

scope mechanism and on the underlying 

authorization issues.6

Procedures for Public Participation 

In recognition that public hearings are 

designed to give interested parties an 

opportunity to participate in this 

proceeding, there are nod adverse 

parties as such. Statements by 

participants will not be subject to crossexamination by other participants 

without special approval by the residing 

officer. The presiding officer is 

authorized to strike from the record 

statements that he or she deems 

irrelevant or repetitious and to impose 

reasonable time limits on the duration 

of the statement of any participant. 

If a hearing is held, the Agency will 

make a verbatim record of the 

proceedings. Interested parties may 

arrange with the reporter at the hearing 

to obtain a copy of the transcript at their 

own expense. Regardless of whether a 

public hearing is held, EPA will keep 

the record open until November 21, 

2008. Upon expiration of the comment 

period, the Administrator will render a 

decision on CARB’s request based on 

the record of the public hearing, if any, 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 58585 

1Section 209(e)(1) states, in part: No State or any 

political subdivision thereof shall adopt or attempt 

to enforce any standard or other requirement 

relating to the control of emissions from either of 

the following new nonroad engines or nonroad 

vehicles subject to regulation under this Act— 

(A) New engines which are used in construction 

equipment or vehicles or used in farm equipment 

Continued 

relevant written submissions, and other 

information that he deems pertinent. 

Persons with comments containing 

proprietary information must 

distinguish such information from other 

comments to the great possible extent 

and label it as ‘‘Confidential Business 

Information’’ (CBI). If a person making 

comments want 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 place in the docket, 

submissions containing such 

information should be sent directly to 

the contact person listed above and not 

to the pubic 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. 

Dated: October 1, 2008. 

Robert J. Meyers, 

Principal Deputy Assistant Administrator, 

Office of Air and Radiation. 

[FR Doc. E8–23671 Filed 10–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8726–6] 

California State Nonroad Engine 

Pollution Control Standards; California 

Nonroad Compression Ignition 

Engines—In-Use Fleets; Authorization 

Request; Opportunity for Public 

Hearing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Opportunity for Public 

Hearing and Comment. 

SUMMARY: The California Air Resources 

Board (CARB) has notified EPA that it 

has adopted emission standards for 

fleets that operate nonroad, diesel 

fueled equipment with engines 25 

horsepower (hp) and greater. By letter 

dated August 12, 2008, CARB submitted 

a request seeking EPA authorization, 

pursuant to section 209(e) of the Clean 

Air Act (CAA), 42 U.S.C. 7543(e), of its 

regulation requiring such fleets to meet 

fleet average emissions standards for 

oxides of nitrogen and particulate 

matter, or, alternatively, to comply with 

best available control technology 

requirements for the vehicles in those 

fleets. This notice announces that EPA 

has tentatively scheduled a public 

hearing concerning California’s request 

and that EPA is accepting written 

comment on the request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on October 27, 2008, beginning 

at 10 a.m. EPA will hold a hearing only 

if a party notifies EPA by October 20, 

2007 expressing its interest in 

presenting oral testimony. If EPA does 

not receive a request for a public 

hearing, then EPA will not hold a 

hearing, and, instead, consider CARB’s 

request based on written submissions to 

the docket. Any party may submit 

written comments by November 28, 

2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0691, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2008– 

0691, Environmental Protection Agency, 

Mailcode: 6102T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460. 

Please include a total of two copies. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20460. 

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–2008– 

0691. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site 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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Parties wishing to present oral 

testimony at the public hearing should 

provide written notice to David 

Dickinson at the address noted below. If 

EPA receives a request for a public 

hearing, EPA will hold the public 

hearing at 1310 L St, NW., Washington, 

DC 20005 at 10 a.m. 

FOR FURTHER INFORMATION CONTACT: 

David Dickinson, Compliance and 

Innovative Strategies Division (6405J), 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Ave, NW., 

Washington, DC 20460. Telephone: 

(202) 343–9256, Fax: (202) 343–2804, email address: 

Dickinson.David@EPA.GOV. 

SUPPLEMENTARY INFORMATION: 

Background and Discussion: Section 

209(e)(1) of the Act addresses the 

permanent preemption of 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. 

Section 209(e)(2) of the Act requires the 

Administrator to grant California 

authorization to enforce state standards 

for new nonroad engines or vehicles 

which are not listed under section 

209(e)(1), subject to certain restrictions. 

On July 20, 1994, EPA promulgated a 

regulation that sets forth, among other 

things, the criteria, as found in section 

209(e)(2), by which EPA must consider 

any California authorization requests for 

new nonroad engines or vehicle 

emission standards (section 209(e) 

rules).1

mstockstill on PROD1PC66 with NOTICES