[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Pages 69465-69469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27644]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9919-56-OAR]


California State Nonroad Engine Pollution Control Standards; 
Small Off-Road Engines Regulations; Tier 4 Off-Road Compression-
Ignition Regulations; Exhaust Emission Certification Test Fuel for Off-
Road Spark-Ignition Engines, Equipment, and Vehicles Regulations; 
Request for Within-the-Scope and Full Authorization; Opportunity for 
Public Hearing and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The California Air Resources Board (CARB) has notified the 
Environmental Protection Agency (EPA) that it has adopted amendments to 
its spark-ignited (SI) Small Off-Road Engines (SORE) regulations (2011 
SORE amendments), Tier 4 Off-Road Compression-Ignition (CI) regulations 
(2011 Tier 4 amendments), and Exhaust Emission Certification Test Fuel 
for Off-Road Spark-Ignition Engines, Equipment, and Vehicles 
regulations (2011 Certification Test Fuel amendments). By letter dated 
June 13, 2014, CARB asked that EPA authorize these amendments pursuant 
to section 209(e) of the Clean Air Act (CAA or Act) 42 U.S.C. 7543(e). 
CARB seeks confirmation that the amendments are within the scope of 
prior authorizations issued by EPA, or, in the alternative, that the 
amendments merit full authorization. This notice announces that EPA has 
tentatively scheduled a public hearing to consider California's 
authorization request for the 2011 SORE amendments, 2011 Tier 4 
amendments, and 2011 Certification Test Fuel amendments, and that EPA 
is now accepting written comment on the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's 
request on January 14, 2015, at 10 a.m. ET. EPA will hold a hearing 
only if any party notifies EPA by December 15, 2014 to express interest 
in presenting the Agency with oral testimony. Parties wishing to 
present oral testimony at the public hearing should provide written 
notice to Brenton Williams at the email address noted below. If EPA 
receives a request for a public hearing, that hearing will be held at 
the William Jefferson Clinton Building (North), Room 5530 at 1200 
Pennsylvania Ave. NW., Washington, DC 20460. If EPA does not receive a 
request for a public hearing, then EPA will not hold a hearing, and 
instead will consider CARB's request based on written submissions to 
the docket. Any party may submit written comments until February 16, 
2015.
    Any person who wishes to know whether a hearing will be held may 
call Brenton Williams at (734) 214-4341 on or after December 17, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0535, by one of the following methods:
    <bullet> Online at http://www.regulations.gov: Follow the Online 
Instructions for Submitting Comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#2e4f034f404a035c034a414d454b5a6e4b5e4f00494158"><span class="__cf_email__" data-cfemail="17763a7679733a653a7378747c72635772677639707861">[email protected]</span></a>.
    <bullet> Fax: (202) 566-9744.
    <bullet> Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2014-0535, U.S. Environmental Protection Agency, Mail code: 6102T, 1200 
Pennsylvania Avenue NW., Washington, DC 20460. Please include a total 
of two copies.
    <bullet> 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.
    Online Instructions for Submitting Comments: Direct your comments 
to Docket ID No. EPA-HQ-OAR-2014-0535. EPA's policy is that all 
comments we receive 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 email. 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 email comment 
directly to EPA without going through http://www.regulations.gov, your 
email address will automatically be 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

[[Page 69466]]

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.
    EPA will make available for public inspection materials submitted 
by CARB, written comments received from any interested parties, and any 
testimony given at the public hearing. Materials relevant to this 
proceeding are contained in the Air and Radiation Docket and 
Information Center, maintained in Docket ID No. EPA-HQ-OAR-2014-0535. 
Publicly available docket materials are available either electronically 
through http://www.regulations.gov or in hard copy at the Air and 
Radiation Docket in the EPA Headquarters Library, EPA West Building, 
Room 3334, located at 1301 Constitution Avenue NW., Washington, DC. The 
Public Reading Room is open to the public on all federal government 
work days from 8:30 a.m. to 4:30 p.m.; generally, it is open Monday 
through Friday, excluding holidays. The telephone number for the 
Reading Room is (202) 566-1744. The Air and Radiation Docket and 
Information Center's Web site is http://www.epa.gov/oar/docket.html. 
The electronic mail (email) address for the Air and Radiation Docket 
is: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="ef8ec28e818bc29dc2ab808c848a9baf8a9f8ec1888099">[email protected]</a>, the telephone number is (202) 566-1742, and 
the fax number is (202) 566-9744. 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 http://www.regulations.gov Web 
site, enter, 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 also 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 http://www.epa.gov/otaq/cafr.htm.

FOR FURTHER INFORMATION CONTACT: Brenton Williams, Attorney-Advisor, 
Compliance Division, Office of Transportation and Air Quality, U.S. 
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 
48105. Telephone: (734) 214-4341. Fax: (734) 214-4053. Email: 
<a href="/cdn-cgi/l/email-protection#780f1114141119150b561a0a1d160c381d0819561f170e"><span class="__cf_email__" data-cfemail="97e0fefbfbfef6fae4b9f5e5f2f9e3d7f2e7f6b9f0f8e1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. California's SORE Regulations

    Small off-road engines and equipment \1\ are rated at or below 19 
kilowatts (kW) (25 horsepower (hp)). The vast majority of engines 
covered by the SORE regulations are SI engines that are used to power a 
broad range of equipment, including lawn mowers, leaf blowers, 
generators, and small industrial equipment. Exhaust and evaporative 
emissions from these engines are a significant source of hydrocarbons 
and oxides of nitrogen, pollutants that contribute to smog problems in 
California.
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    \1\ The federal term ``nonroad'' and the California term ``off-
road'' are used interchangeably.
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    CARB promulgated its first SORE regulations in 1992 and amended 
them in 1993. EPA authorized the regulations, as amended, on July 5, 
1995.\2\ CARB further amended these regulations in 1994, 1995, and 
1996, and EPA confirmed all the amendments to be within the scope of 
the prior approval on November 9, 2000.\3\ CARB again amended the SORE 
regulations in 1998, this time requesting within-the-scope 
determination for all but one of the amendments, for which full 
authorization was requested. EPA issued its within-the-scope 
determination on November 9, 2000, for these former amendments, and a 
full authorization on November 10, 2003, for the latter amendment.\4\ 
In 2000 and again in 2004, CARB amended the SORE regulations to more 
closely align with the federal SORE program. EPA confirmed that the 
2000 amendments were within the scope of the previously granted SORE 
authorization in February, 2010, and also granted a full authorization 
for the 2004 amendments to standards and test procedures for certain 
nonroad compression ignition engines.\5\ EPA issued a full 
authorization for CARB's 2004 amendments to the SI SORE regulations on 
December 11, 2006.\6\
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    \2\ 60 FR 37440 (July 20, 1995).
    \3\ 65 FR 69763 (November 20, 2000).
    \4\ 65 FR 69767 (November 20, 2000); 68 FR 65702 (November 21, 
2003).
    \5\ 75 FR 8056 (February 23, 2010).
    \6\ 71 FR 75536 (December 15, 2006).
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    CARB adopted additional SORE amendments on November 21, 2008.\7\ 
and requested EPA authorization review. EPA provided opportunity for 
comment on that request \8\ and is preparing a notice of final 
decision. The 2008 SORE amendments modified the emission credits 
program to provide manufacturers with additional flexibility. 
Additionally, manufacturers were permitted to use a certification fuel 
with up to ten volume percent ethanol content, provided that the same 
fuel is used for certification with the EPA.
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    \7\ The specific regulatory text for the 2008 amendments is 
codified at title 13, California Code of Regulations (CCR), sections 
2401, 2403, 2404, 2405, 2406, 2408, 2408.1 and 2409. California's 
Office of Administrative Law formally approved the rulemaking on 
April 5, 2010 and the regulations became effective on May 5, 2010.
    \8\ See 79 FR 30610 (May 28, 2014).
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    CARB approved the 2011 SORE amendments at issue in this notice on 
December 16, 2011, and adopted them on October 25, 2012.\9\ The 2011 
SORE amendments became operative on January 10, 2013.\10\ The 2011 SORE 
amendments modify California's existing SORE test procedures by 
aligning California procedures to be consistent with recent amendments 
by EPA to the federal certification and exhaust emission testing 
requirements at title 40, Code of Federal Regulations (CFR), Parts 1054 
and 1065.\11\ Part 1054 contains certification protocols, production-
line testing requirements, credit-generation allowances, and other 
related provisions applicable to federally certified engines. Since 
CARB had previously promulgated California-specific versions of these 
provisions for SORE engines, the 2011 SORE amendments adopted Part 
1054, but with modifications that substitute California's specific 
emission standards, production-line testing requirements and credit-
allowances for the corresponding federal provisions.\12\ Part 1065 
specifies the ``state-of-the-art'' testing equipment, systems, and 
processes that must be utilized in conducting emissions testing of 
applicable engines. The 2011 SORE amendments align California test 
procedures for 2013 and later model year engines with the requirements 
specified in Part 1065.\13\
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    \9\ See EPA-HQ-OAR-2014-0535-0007, ``Enclosure 5 CARB Resolution 
11-41'', and EPA-HQ-OAR-2014-0535-0008, ``Enclosure 6 Executive 
Order R-12-005''.
    \10\ Id.
    \11\ See EPA-HQ-OAR-2014-0535-0001, ``2013-13-14 Auth Support 
Document SORE 2011''.
    \12\ Id.at 11.
    \13\ Id.at 11.
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    By letter dated June 13, 2014, CARB submitted a request to EPA 
pursuant to section 209(e) of the CAA for authorization of its 2011 
SORE amendments. CARB seeks EPA's confirmation that the 2011 SORE 
amendments fall within the scope of

[[Page 69467]]

EPA's previous authorizations,\14\ or, in the alternate, a full 
authorization for those amendments.
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    \14\ EPA's most recent authorizations for CARB's SORE 
regulations can be found at 71 FR 75536 (December 15, 2006) and 75 
FR 8056 (February 23, 2010).
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II. California's Off-Road CI Engine Regulations

    Off-road CI engines are used in tractors, excavators, dozers, 
scrapers, portable generators, transport refrigeration units, 
irrigation pumps, welders, compressors, scrubbers, and sweepers.\15\ In 
1992, CARB approved a regulation to control exhaust emissions from 
heavy-duty off-road CI engines 175 hp and above.\16\ CARB requested 
that EPA grant authorization and it was granted in 1995.\17\ In 2000 
and in 2004-2005, CARB amended or adopted emission standards and 
accompanying test procedures that affected three power categories of 
off road CI engines. The 2000 rulemaking generally harmonized 
California's emission standards and test procedures to federal 
standards that EPA promulgated in 1998 for the same nonroad CI engine 
categories (Tier 1 through Tier 3).\18\ The 2004-2005 CARB rulemaking 
generally harmonized California's Tier 4 standards to the federal Tier 
4 standards for these same off-road CI engines that EPA adopted in 
2004.\19\ In February 2010, EPA confirmed that the 2000 amendments to 
the smallest category of engines (less than 19kW) were within the scope 
of the previously granted authorization. EPA further granted full 
authorizations for the 2004-2005 amendments as they affected new off-
road CI engines less than 19kW, and for the 2000 and 2004-2005 
amendments as they affected new off-road CI engines for the other two 
power categories (19kW-130kW and greater than 130kW).\20\
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    \15\ See EPA-HQ-OAR-2014-0535-0001, ``2013-13-14 Auth Support 
Document SORE 2011'' at 4.
    \16\ Id.
    \17\ 60 FR 37440 (July 5, 1995).
    \18\ See EPA-HQ-OAR-2014-0535-0001, ``2013-13-14 Auth Support 
Document SORE 2011'' at 5.
    \19\ Id.
    \20\ 75 FR 8056 (February 23, 2010).
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    CARB approved the Tier 4 amendments at issue in this notice on 
December 16, 2011, and adopted them on October 25, 2012.\21\ The 2011 
Tier 4 amendments became operative on January 10, 2013.\22\ The 2011 
Tier 4 amendments enhance the harmonization of CARB's exhaust emission 
requirements for new off-road CI engines with the corresponding federal 
emissions requirements for nonroad CI engines set forth in Parts 1039, 
1065, and 1068.\23\ EPA most recently amended these Parts in 2011.\24\ 
The 2011 Tier 4 amendments correct clerical errors, standardize 
measurement specifications, calibrations, and instrumentation, remove 
unnecessarily burdensome reporting requirements, and provide additional 
compliance flexibility options.\25\ The 2011 Tier 4 amendments also 
incorporate EPA's anti-stockpiling provisions, which help ensure the 
realization of projected emission benefits, and also establish a new 
interim Tier 4 combined hydrocarbon plus oxides of nitrogen emission 
standard that has the potential to provide additional emission 
benefits.\26\
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    \21\ See EPA-HQ-OAR-2014-0535-0007, ``Enclosure 5 CARB 
Resolution 11-41'', and EPA-HQ-OAR-2014-0535-0008, ``Enclosure 6 
Executive Order R-12-005''.
    \22\ Id.
    \23\ See EPA-HQ-OAR-2014-0535-0001, ``2013-13-14 Auth Support 
Document SORE 2011'' at 12.
    \24\ 76 FR 37977 (June 28, 2011).
    \25\ See EPA-HQ-OAR-2014-0535-0001, ``2013-13-14 Auth Support 
Document SORE 2011'' at 13-18.
    \26\ Id. at 2.
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    By letter dated June 13, 2014, CARB submitted a request to EPA 
pursuant to section 209(e) of the CAA for authorization of its 2011 
Tier 4 amendments. CARB seeks EPA's confirmation that the 2011 Tier 4 
amendments fall within the scope of EPA's previous authorizations, or, 
in the alternative, a full authorization for those amendments.

III. California's Exhaust Emission Certification Test Fuel for Off-Road 
Spark-Ignition Engines, Equipment, and Vehicles Regulations

    Prior to the 2011 Certification Test Fuel amendments, California's 
SORE and Large Spark Ignition (LSI) test procedures allowed gasoline-
fueled, spark-ignition engines to be tested for compliance with 
certification exhaust standards using either Indolene or Phase 2 
California Reformulated Gasoline (CaRFG2) as an option to federally 
specified test fuels. Recreational marine engines were permitted to use 
CaRFG2, federal Indolene, or the fuel specified in Table 3 of Appendix 
A to 40 CFR Part 91, Subpart D. Off Highway Recreational Vehicles 
(OHRV) that were categorized as off-road motorcycles were required to 
certify using Indolene. OHRVs that were categorized as go-karts and 
specialty vehicles were allowed to certify using either Indolene or 
CaRFG2, and OHRVs that were categorized as all-terrain vehicles (ATVs) 
were generally required to use Indolene, but were allowed to certify 
using CaRFG2 in some circumstances.\27\
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    \27\ See EPA-HQ-OAR-2014-0535-0001, ``2013-13-14 Auth Support 
Document SORE 2011'' at 9.
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    The initial SORE regulation and the 1993 amendments to the SORE 
regulation allowed manufacturers to utilize either Indolene or 
California Phase 1 fuel as test fuel for certification.\28\ EPA granted 
California a full authorization for the initial SORE regulation and the 
1993 amendments.\29\ In 1994 CARB amended the SORE regulation to 
provide manufacturers the option to certify SORE engines using CaRFG2 
that was consistent with the certification test fuel specified for on-
road motor vehicles. EPA confirmed that the 1994 amendment was within 
the scope of the previously issued authorization for the SORE 
regulation and additionally confirmed that the 1995 and 1996 amendments 
to the SORE regulation fell within the scope of the initially granted 
SORE authorization.\30\ Additional SORE amendments in 1998 were 
confirmed as within the scope of previous authorizations. EPA issued a 
full authorization for CARB's 2004 SORE amendments.\31\ CARB has 
subsequently requested within-the-scope confirmation from EPA for a 
provision of the 2008 SORE amendment package that allows use of 10-
percent ethanol- gasoline blend (E10) for SORE certification fuel. That 
request is currently pending with the EPA and a notice of decision is 
under review.\32\
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    \28\ Id. at 8.
    \29\ 60 FR 37440 (July 20, 1995).
    \30\ 65 FR 69763 (Nov. 20, 2000).
    \31\ See EPA-HQ-OAR-2014-0535-0001, ``2013-13-14 Auth Support 
Document SORE 2011'' at 8.
    \32\ The 2008 SORE amendments initial notice for public hearing 
and comment can be found at 79 FR 30610 (May 28, 2014).
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    The initial LSI regulation specified that the certified gasoline 
test fuels for LSI engines were either Indolene or CaRFG2. EPA granted 
California a new authorization for the initial LSI regulation on May 
15, 2006.\33\ CARB amended the LSI regulation in 2006 and EPA granted 
CARB a full authorization for those amendments in 2012.\34\
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    \33\ 71 FR 29623 (May 23, 2006).
    \34\ 77 FR 20388 (April 4, 2012).
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    The initial CARB Marine SI Engine regulation applicable to 2001 and 
later model year outboard SI marine engines and personal watercraft 
engines established test procedures that were virtually identical to 
those in the federal SI Marine Engine regulations. In 2002 CARB adopted 
regulations establishing exhaust emission standards and related 
certification and test procedures for 2003 and later model year SI 
inboard

[[Page 69468]]

and sterndrive marine engines that specified the same certification 
test fuels as those applicable to outboard engines and personal water 
craft.\35\ EPA granted California an authorization for these 
regulations in 2007.\36\ CARB amended the Marine SI Engine regulations 
in 2006 and EPA granted an authorization for those amendments in 
2011.\37\
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    \35\ See EPA-HQ-OAR-2014-0535-0001, ``2013-13-14 Auth Support 
Document SORE 2011'' at 9.
    \36\ 72 FR 14546 (March 28, 2007).
    \37\ 76 FR 24872 (May 3, 2011).
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    EPA granted California a new authorization for the initial OHRV 
regulation in 1996,\38\ and confirmed that 1996 amendments to the OHRV 
regulation were within the scope of the initial authorization in 
2000.\39\ In 2014, EPA granted new authorizations, confirmed that 
amendments were within the scope of the previously issued 
authorizations, or confirmed that no authorization action was required 
for CARB's 1999, 2003, and 2006 amendments to the OHRV regulation.\40\
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    \38\ 61 FR 69093 (Dec. 31, 1996).
    \39\ 65 FR 69763 (Nov. 20, 2000).
    \40\ 79 FR 6584 (Feb. 14, 2014).
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    The 2011 Certification Test Fuel amendments modified the 
certification test fuel requirements for off-road spark ignition, 
gasoline-fueled engines to allow the use of 10-percent ethanol-blend of 
gasoline (E10) as a certification fuel. The use of the E10 
certification fuel is allowed as an option for certification exhaust 
emission testing of new gasoline-fueled SORE, LSI, Recreational Marine, 
and OHRV off-road categories from the 2013 through 2019 model years, 
and is mandatory for certification exhaust emission testing of these 
categories beginning with the 2020 model year.\41\
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    \41\ See EPA-HQ-OAR-2014-0535-0001, ``2013-13-14 Auth Support 
Document SORE 2011'' at 18.
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    By letter dated June 13, 2014, CARB submitted a request to EPA 
pursuant to section 209(e) of the CAA for authorization of its 2011 
Certification Test Fuel amendments. CARB seeks EPA's confirmation that 
the 2011 Certification Test Fuel amendments fall within the scope of 
EPA's previous authorizations, or, in the alternate, a full 
authorization for those amendments.

IV. Clean Air Act Nonroad Engine and Vehicle Authorizations

    Section 209(e)(1) of the CAA 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 Act 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), however, 
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 
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. However, EPA shall not grant 
such authorization if it 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 [CAA section 209].\42\ In addition, other states 
with air quality attainment plans may adopt and enforce such 
regulations if the standards and the implementation and enforcement 
procedures are identical to California's standards. 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), which EPA must 
consider before granting any California authorization request for new 
nonroad engine or vehicle emission standards.\43\ EPA revised these 
regulations in 1997.\44\ As stated in the preamble to the 1994 rule, 
EPA has historically interpreted the section 209(e)(2)(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).\45\
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    \42\ EPA's review of California regulations under section 209 is 
not a broad review of the reasonableness of the regulations or its 
compatibility with all other laws. Sections 209(b) and 209(e) of the 
Clean Air Act limit EPA's authority to deny California requests for 
waivers and authorizations to the three criteria listed therein. As 
a result, EPA has consistently refrained from denying California's 
requests for waivers and authorizations based on any other criteria. 
In instances where the U.S. Court of Appeals has reviewed EPA 
decisions declining to deny waiver requests based on criteria not 
found in section 209(b), the Court has upheld and agreed with EPA's 
determination. See Motor and Equipment Manufacturers Ass'n v. 
Nichols, 142 F.3d 449, 462-63, 466-67 (D.C. Cir.1998), Motor and 
Equipment Manufacturers Ass'n v. EPA, 627 F.2d 1095, 1111, 1114-20 
(D.C. Cir. 1979). See also 78 FR 58090, 58120 (September 20, 2013).
    \43\ 59 FR 36969 (July 20, 1994).
    \44\ 62 FR 67733 (December 30, 1997). The applicable 
regulations, now in 40 CFR part 1074, subpart B, Sec.  1074.105, 
provide:
    (a) The Administrator will grant the authorization if California 
determines that its standards will be, in the aggregate, at least as 
protective of public health and welfare as otherwise applicable 
federal standards.
    (b) The authorization will not be granted if the Administrator 
finds that any of the following are true:
    (1) California's determination is arbitrary and capricious.
    (2) California does not need such standards to meet compelling 
and extraordinary conditions.
    (3) The California standards and accompanying enforcement 
procedures are not consistent with section 209 of the Act.
    (c) In considering any request to authorize California to adopt 
or enforce standards or other requirements relating to the control 
of emissions from new nonroad spark-ignition engines smaller than 50 
horsepower, the Administrator will give appropriate consideration to 
safety factors (including the potential increased risk of burn or 
fire) associated with compliance with the California standard.
    \45\ 59 FR 36969 (July 20, 1994).
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    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. Pursuant to section 209(b)(1)(C), the 
Administrator shall not grant California a motor vehicle waiver if she 
finds that California ``standards and accompanying enforcement 
procedures are not consistent with [section 202(a)]'' of the Act. 
Previous decisions granting waivers and authorizations have noted that 
state standards and enforcement procedures are inconsistent with 
section 202(a) if: (1) There is inadequate lead time to permit the 
development of the necessary technology giving appropriate 
consideration to the cost of compliance within that time, or (2) the 
federal and state testing procedures impose inconsistent certification 
requirements.\46\
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    \46\ Id. See also 78 FR 58090, 58092 (September 20, 2013).
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    If California amends regulations that EPA has already authorized, 
California can seek EPA confirmation that the amendments are within the 
scope of the previous authorization. A within-the-scope confirmation, 
without a full authorization review, is permissible if three conditions 
are met.\47\ First, the amended regulations must not undermine 
California's determination

[[Page 69469]]

that its standards, in the aggregate, are as protective of public 
health and welfare as applicable federal standards. Second, the amended 
regulations must not affect consistency with section 202(a) of the Act. 
Third, the amended regulations must not raise any ``new issues'' 
affecting EPA's prior authorizations.
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    \47\ See 78 FR 38970, 38972 (June 28, 2013).
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V. EPA's Request for Comments

    As stated above, EPA is offering the opportunity for a public 
hearing, and is requesting written comment on issues relevant to a 
within-the-scope analysis. Specifically, we request comment on whether 
California's 2011 SORE amendments, 2011 Tier 4 amendments, and 2011 
Certification Test Fuel amendments: (1) 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; (2) affect the consistency of California's requirements with 
section 209 of the Act; or (3) raise any other new issues affecting 
EPA's previous waiver or authorization determinations.
    Should any party believe that the amendments are not within the 
scope of the previous authorizations, EPA also requests comment on 
whether the 2011 SORE amendments, 2011 Tier 4 amendments, and 2011 
Certification Test Fuel amendments meet the criteria for a full 
authorization. Specifically, 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 accompanying enforcement procedures 
are consistent with section 209 of the Act.

VI. Procedures for Public Participation

    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 February 16, 2015. Upon expiration of the comment 
period, the Administrator will render a decision on CARB's request 
based on the record from the public hearing, if any, all relevant 
written submissions, and other information that she deems pertinent. 
All information will be available for inspection at the EPA Air Docket 
No. EPA-HQ-OAR-2014-0535.
    Persons with comments containing proprietary information must 
distinguish such information from other comments to the greatest extent 
possible and label it as ``Confidential Business Information'' (CBI). 
If a person making comments wants EPA to base its decision on a 
submission labeled as CBI, then a non-confidential version of the 
document that summarizes the key data or information should be 
submitted to the public docket. To ensure that proprietary information 
is not inadvertently placed in the public 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 according to 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: November 12, 2014.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and 
Radiation.
[FR Doc. 2014-27644 Filed 11-20-14; 8:45 am]
BILLING CODE 6560-50-P


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