Notice2021-17497
California State Nonroad Engine Pollution Control Standards; Large Spark-Ignition Engines Fleets Regulation; Request for Authorization; Opportunity for Public Hearing and Comment
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Published
August 16, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The California Air Resources Board (CARB) has notified EPA that it has adopted amendments to its large spark-ignition engines fleets regulation (LSI amendments). By letter dated March 15, 2021, CARB asked that EPA issue a full authorization for the accompanying enforcement provisions contained in their LSI amendments adopted in 2016. This notice announces that EPA has tentatively scheduled a public hearing to consider California's authorization request for the LSI amendments, and that EPA is now accepting written comment on the request.
Full Text
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<title>Federal Register, Volume 86 Issue 155 (Monday, August 16, 2021)</title>
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[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45724-45726]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17497]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2021-0327; FRL-8869-01-OAR]
California State Nonroad Engine Pollution Control Standards;
Large Spark-Ignition Engines Fleets Regulation; Request for
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 EPA
that it has adopted amendments to its large spark-ignition engines
fleets regulation (LSI amendments). By letter dated March 15, 2021,
CARB asked that EPA issue a full authorization for the accompanying
enforcement provisions contained in their LSI amendments adopted in
2016. This notice announces that EPA has tentatively scheduled a public
hearing to consider California's authorization request for the LSI
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 September 9, 2021, at 10 a.m. ET. EPA will hold a hearing
only if any party notifies EPA by September 1, 2021, to express
interest in presenting the agency with oral testimony at a virtual
public hearing. Parties that wish to present oral testimony at a
virtual public hearing should provide written notice to David Dickinson
at the email address noted below. If EPA receives a request for a
public hearing, an announcement of the virtual public hearing along
with instructions to testify or attend the hearing will be posted at:
<a href="https://www.epa.gov/state-and-local-transportation/vehicle-emissions-california-waivers-and-authorizations">https://www.epa.gov/state-and-local-transportation/vehicle-emissions-california-waivers-and-authorizations</a>. 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 October 12,
2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2021-0327, by one of the following methods:
<bullet> Online at <a href="http://www.regulations.gov">http://www.regulations.gov</a>: Follow the Online
Instructions for Submitting Comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#71105c101f155c035c151e121a1405311401105f161e07"><span class="__cf_email__" data-cfemail="056428646b61287728616a666e6071456075642b626a73">[email protected]</span></a>.
<bullet> Fax: (202) 566-9744.
<bullet> Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2021-0327, 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.
[[Page 45725]]
Instructions: All submissions received must include the Docket ID
No. for this action. Comments received may be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided. For the full EPA public comment policy, information about CBI
or multimedia submissions, and general guidance on making effective
comments, please visit <a href="http://www.epa.gov/dockets/commenting-epa-dockets">http://www.epa.gov/dockets/commenting-epa-dockets</a>.
Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room are closed to the public,
with limited exceptions, to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. We encourage the public to
submit comments via <a href="https://www.regulations.gov">https://www.regulations.gov</a> or email, as there may
be a delay in processing mail and faxes. Hand deliveries and couriers
may be received by scheduled appointment only. For further information
on EPA Docket Center services and the current status, please visit us
online at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>. EPA continues to monitor
information carefully and continuously from the Centers for Disease
Control and Prevention (CDC), local area health departments, and our
Federal partners so that we can respond rapidly as conditions change
regarding COVID-19.
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 <a href="https://www.epa.gov/state-and-local-transportation/vehicle-emissions-california-waivers-and-authorizations">https://www.epa.gov/state-and-local-transportation/vehicle-emissions-california-waivers-and-authorizations</a>.
FOR FURTHER INFORMATION CONTACT: David Dickinson, Attorney-Advisor,
Transportation Climate Division, Office of Transportation and Air
Quality, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue
(6405A) NW, Washington, DC 20460. Telephone: (202) 343-9256. Fax: (202)
343-2804. Email: <a href="/cdn-cgi/l/email-protection#44002d272f2d2a372b2a6a2025322d20042134256a232b32"><span class="__cf_email__" data-cfemail="1c58757f7775726f737232787d6a75785c796c7d327b736a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. California's LSI Regulations
CARB promulgated its first LSI regulations, applicable to new LSI
engines, in 1999 and they remained unchanged until the 2008
amendments.\1\ EPA authorized the LSI regulations, on May 15, 2006.\2\
CARB adopted its initial off-road LSI fleet operator regulations on May
25, 2006 (Fleet Operator Regulations).\3\ The Fleet Operator
Regulations are designed to address the hydrocarbon (HC) and nitrogen
oxide (NO<INF>X</INF>) emissions from existing LSI engines operating in
California and require fleets to meet certain fleet average emission
level (FAEL) standards.
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\1\ Title 13, California Code of Regulations, sections 2430-
2439.
\2\ 71 FR 29623 (May 15, 2006).
\3\ EPA granted an authorization for these regulations at 77 FR
20388 (April 4, 2012).
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CARB adopted its 2008 LSI amendments on November 21, 2008. The 2008
LSI amendments created two new engine categories below one-liter
displacement, with new more stringent exhaust and evaporative emission
standards applicable to new engines. These amendments also provided
clarification as to when CARB's off-road sport or utility regulations
apply to certain LSI engines. CARB adopted its 2010 LSI amendments on
December 17, 2010. These amendments were designed to provide compliance
flexibility which will allow operators to reduce their compliance costs
while retaining the emission benefits associated with the original
regulations.\4\
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\4\ EPA granted a full authorization for the 2008 amendments and
a within-the-scope confirmation for the 2010 amendments at 80 FR.
76468 (Dec. 9, 2015).
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At its July 21, 2016 public hearing, the Board approved for
adoption the 2016 LSI Fleet Amendments.\5\ CARB's Executive Officer
formally adopted the 2016 LSI Fleet Amendments on May 5 2017, and
became operative under state law by the approval of California's Office
of Administrative Law on June 20, 2017.\6\ By letter dated March 15,
2021, CARB submitted a request to EPA for an authorization to enforce
the 2016 LSI Fleet Amendments and CARB asks that EPA consider its
amendments as accompanying enforcement procedures for standards that
have already been authorized by EPA in a prior decision as noted
above.\7\ The 2016 LSI Fleet Amendments include reporting requirements
(e.g., initial and annual reports, equipment transfer and sales
reports, and an extension of existing reporting requirements for fleet
operators subject to fleet average emission limits). The 2016 LSI Fleet
Amendments also include new labeling requirements wherein, based on
operator provided information, CARB will issue the operators a unique
EIN for each item of equipment reported and become the basis of a
manufacturer's equipment labels with a number of associated
requirements.
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\5\ See CARB Resolution 06-10 at EPA-HQ-OAR-2021-0327.
\6\ See Executive Order R-17-002 at EPA-HQ-OAR-2021-0327.
\7\ See EPA-HQ-OAR-2021-0327.
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II. 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 certain 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.\8\ 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 not preempted by section 209(e)(1) 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]. In addition, other states with air quality attainment
plans may adopt and enforce such regulations if the standards, and
implementation and enforcement procedures, are identical to
California's standards.
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\8\ See 40 CFR 1074.10.
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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.\9\ EPA revised these regulations in 1997.\10\ As stated in
the
[[Page 45726]]
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).\11\
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\9\ 59 FR 36969 (July 20, 1994).
\10\ 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.
\11\ 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 he
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.\12\
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\12\ Id. See also 78 FR 58090, 58092 (September 20, 2013).
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When considering whether to grant authorizations for accompanying
enforcement procedures tied to standards (such as record keeping and
labeling requirements) for which an authorization has already been
granted, EPA has evaluated (1) whether the enforcement procedures are
so lax that they threaten the validity of California's determination
that its standards are as protective of public health and welfare as
applicable federal standards, and (2) whether the federal and
California enforcement procedures are consistent.\13\
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\13\ See Motor and Equipment Manufacturers Association v
Environmental Protection Agency, 627 F.2d 1095 (D.C. Cir. 1979).
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III. 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 EPA's
consideration of the accompanying enforcement procedures established
within the 2016 LSI Fleet Amendments. Specifically, we request comment
on whether California's 2016 LSI Fleet Amendments: (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 209 of the Act; or (c) raise any
other new issues affecting EPA's previous waiver or authorization
determinations.
IV. 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 October 12, 2021. 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 he deems pertinent. All
information will be available for inspection at the EPA Air Docket No.
EPA-HQ-OAR-2021-0327.
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: August 11, 2021.
Karl Simon,
Director, Transportation and Climate Division, Office of Transportation
and Air Quality, Office of Air and Radiation.
[FR Doc. 2021-17497 Filed 8-13-21; 8:45 am]
BILLING CODE 6560-50-P
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