Notice2024-03955
California State Nonroad Engine Pollution Control Standards; In-Use Locomotive Regulation; Requests for Authorization; Opportunity for Public Hearing and Comment
Primary source
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Published
February 27, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The California Air Resources Board (CARB) has notified the EPA that it has adopted its In-Use Locomotive Regulation. By letter dated November 7, 2023, CARB requested that the EPA authorize the In-Use Locomotive Regulation pursuant to section 209(e) of the Clean Air Act (CAA). This notice announces that the EPA will hold a public hearing to consider California's authorization request and that the EPA is now accepting written comments on the request.
Full Text
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<title>Federal Register, Volume 89 Issue 39 (Tuesday, February 27, 2024)</title>
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[Federal Register Volume 89, Number 39 (Tuesday, February 27, 2024)]
[Notices]
[Pages 14484-14486]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03955]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-11737-01-OAR]
California State Nonroad Engine Pollution Control Standards; In-
Use Locomotive Regulation; Requests for Authorization; Opportunity for
Public Hearing and Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of opportunity for public hearing and comment.
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SUMMARY: The California Air Resources Board (CARB) has notified the EPA
that it has adopted its In-Use Locomotive Regulation. By letter dated
November 7, 2023, CARB requested that the EPA authorize the In-Use
Locomotive Regulation pursuant to section 209(e) of the Clean Air Act
(CAA). This notice announces that the EPA will hold a public hearing to
consider California's authorization request and that the EPA is now
accepting written comments on the request.
DATES:
Comments: Written comments must be received on or before April 22,
2024.
Public Hearing: The EPA will hold a public hearing on March 20,
2024. See SUPPLEMENTARY INFORMATION for further information on the
virtual public hearing and registration. Additional information
regarding the virtual public hearing and this action can be found at:
<a href="https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-locomotive">https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-locomotive</a>.
ADDRESSES:
Comments: You may submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2023-0574 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#f697db979892db84db9299959d9382b6938697d8919980"><span class="__cf_email__" data-cfemail="fb9ad69a959fd689d69f9498909e8fbb9e8b9ad59c948d">[email protected]</span></a>.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, OAR, Docket EPA-HQ-OAR-2023-0574, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
<bullet> Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except federal
holidays).
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 detailed instructions on sending comments and additional
information on the process for this action, see the ``Public
Participation'' heading of the SUPPLEMENTARY INFORMATION section of
this document. 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: <a href="http://www.epa.gov/dockets/commenting-epa-dockets">http://www.epa.gov/dockets/commenting-epa-dockets</a>.
Public Hearing: The virtual public hearing will be held on March
20, 2024. The hearing will begin at 10 a.m. eastern daylight time and
will end when all parties who wish to speak have had an opportunity to
do so. All hearing attendees (including even those who do not intend to
provide testimony) should register for the public hearing March 13,
2024. Information on how to register for the virtual hearing can be
found at <a href="https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-locomotive">https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-locomotive</a>.
FOR FURTHER INFORMATION CONTACT: David Dickinson, Office of
[[Page 14485]]
Transportation and Air Quality, U.S. Environmental Protection Agency;
Telephone number: (202) 343-9256; Email address:
<a href="/cdn-cgi/l/email-protection#d9bdb0bab2b0b7aab6b7f7bdb8afb0bd99bca9b8f7beb6af"><span class="__cf_email__" data-cfemail="55313c363e3c3b263a3b7b3134233c31153025347b323a23">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. CARB's Authorization Request
CARB's November 7, 2023, letter to the EPA Administrator notified
the EPA that CARB had finalized its In-Use Locomotive Regulation.\1\
The In-Use Locomotive Regulation, adopted by the Board on April 27,
2023, (approved by California's Office of Administrative Law (OAL) on
October 27, 2023, and becoming effective on January 1, 2024) contains
several provisions that apply to any locomotive operator that operates
a locomotive in the State of California or to a delegate of that
operator and applies only to locomotives and locomotive engines placed
into service in California and only to an operator or delegate's
operations inside California.\2\ The explanation of the In-Use
Locomotive Regulation provided below is based on CARB's description of
its regulation and is not an exhaustive list of the requirements
(interested parties are encouraged to review CARB's rulemaking record
contained in its authorization request and found in the EPA's docket
associated with the review of the authorization request).
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\1\ Title 13, California Code of Regulations, section 2478.
\2\ CARB's Authorization Support Document at 3-4 (EPA Docket:
EPA-HQ-OAR-2023-0574). A full description of CARB's In-Use
Locomotive Regulation can be found in the Authorization Support
Document submitted by CARB along with associated attachments that
can be found in the EPA docket for this matter.
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The In-Use Locomotive Regulation includes a ``Spending Account''
provision, whereby annually, for each locomotive operated in
California, locomotive operators are required to deposit funds into a
Spending Account. The account operates as a restricted trust, held by
the locomotive operator, with the funds able to be withdrawn for
specific uses described within the regulation.\3\
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\3\ CARB's Authorization Support Document at 4-5.
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The In-Use Locomotive Regulation also includes an ``In-Use
Locomotive Operational Requirement'' that according to CARB starts
January 1, 2030, and allows only locomotives with an original engine
build date less than 23 years old to operate in California excepting
locomotives that meet the current cleanest EPA Tier (currently Tier 4)
of emission standards for a locomotive of its type, that are operated
in a Zero Emission (ZE) configuration while in California,\4\ or that
satisfy other specified conditions. CARB's authorization request notes
that if a locomotive has been remanufactured or repowered to a Tier 4
or cleaner emissions standard prior to January 1, 2030, the original
engine build date will be based on the first year the locomotive was
remanufactured to the Tier 4 or cleaner standard.\5\
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\4\ CARB explains the ZE Configuration concept in its
Authorization Support Document at 4 (``an operational configuration
for the locomotive that emits no pollution, regardless of whether
the locomotive might emit pollution when operated differently'').
\5\ CARB Authorization Support Document at 5-6.
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As an alternative to the spending account and the operational
requirements, the In-Use Locomotive Regulation includes an
``Alternative Compliance Plan (ACP)'' provision that allows regulated
locomotive operators to comply with the Spending Account and/or In-Use
Operational Requirements using a project or projects that achieve
equivalent emissions reductions within three miles of the operators'
locomotive activities within California.\6\
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\6\ Id. at 6.
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The In-Use Locomotive Regulation includes an idling requirement.
According to CARB, locomotive ``operators must ensure that an Automatic
Engine Stop Start (AESS) equipped locomotive is shut off no more than
30 minutes after the locomotive becomes stationary. A locomotive may
only exceed 30 minutes of idling for the following reasons: to prevent
engine damage such as to prevent the engine coolant from freezing; to
maintain air pressure for brakes or starter system, or to recharge the
locomotive battery; to perform necessary maintenance; or to otherwise
comply with federal or state regulations.'' \7\
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\7\ Id. at 7.
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CARB's regulation also imposes registration, reporting and
recordkeeping requirements on locomotive operators for all locomotive
activity in California. Locomotive operators are required to register
all locomotives operating within the State by July 1, 2026.\8\
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\8\ Id.
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CARB's authorization request also includes a description of
compliance exemptions and extensions that are provided to locomotive
operators for enhanced flexibility to comply with the Spending Account
and In-Use Operational Requirements.\9\
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\9\ Id. at 8.
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II. Scope of Preemption and Criteria for an Authorization Under the
Clean Air Act
Section 209(e)(1) of the CAA prohibits all states and local
governments from adopting or attempting to enforce any standard or
other requirement relating to the control of emissions from certain
types of new nonroad engines or nonroad vehicles, including both ``(A)
New engines which are used in construction equipment or vehicles or
used in farm equipment or vehicles and which are smaller than 175
horsepower'' and ``(B) New locomotives or new engines used in
locomotives.'' \10\ Section 209(e)(2)(A) of the CAA, 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 nonroad engines
and vehicles otherwise not prohibited under 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 are
applicable Federal standards. However, the 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].\11\
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\10\ 42 U.S.C. 7543(e)(1).
\11\ 42 U.S.C. 7543(e)(2)(A).
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On July 20, 1994, the EPA promulgated a rule that sets forth, among
other things, regulations providing the criteria, as found in section
209(e)(2)(A), that the EPA must consider before granting any California
authorization request for nonroad engine or vehicle emission
standards.\12\ The EPA revised these regulations in 1997.\13\ As stated
in the preamble to the 1994 rule, the 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 the EPA has interpreted that subsection in the context
of section 209(b) motor vehicle waivers).\14\ In addition, on November
8, 2023, the EPA revised the regulatory language regarding the scope of
[[Page 14486]]
preemption pertaining to locomotives within section 209(e)(1)(B).\15\
The action taken in the rulemaking was to align the scope of preemption
applicable to new locomotives and new engines used in locomotives to be
the same as the scope of preemption for other new nonroad engines and
vehicles preempted within section 209(e)(1)(A). The scope of preemption
applicable to new locomotives can be found at 40 CFR 1074.10, and the
criteria for granting California authorization requests can be found at
40 CFR 1074.105. Provisions pertaining to the adoption of California
nonroad standards by other states can be found at 40 CFR 1074.110.
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\12\ 59 FR 36969 (July 20, 1994).
\13\ 62 FR 67733 (December 30, 1997). The preemption regulations
were later transcribed at 40 CFR part 1074; see 73 FR 59034 (Oct. 8,
2008).
\14\ 59 FR 36969 (July 20, 1994).
\15\ 88 FR 77004 (November 8, 2023). In this authorization
action, the EPA is not reopening the locomotive preemption
rulemaking from November 8, 2023. Any public comments on the
rulemaking that are not germane to this authorization action may not
be addressed in the EPA's final decision regarding CARB's
authorization request.
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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 (such as ``. . .any standard or other
requirement relation to the control of emissions from . . .(B) New
locomotives or new engines used in locomotives.''). 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.\16\
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\16\ 78 FR 58090, 58092 (September 20, 2013).
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III. EPA's Request for Comments
We request comment on whether California's In-Use Locomotive
Regulation meets the criteria for an EPA 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. As explained above, the EPA considers several
provisions with regard to the consistency with section 209 of the Act
criterion.
IV. Procedures for Public Participation
The virtual public hearing will be held on March 20, 2024. The
hearing will begin at 10 a.m. eastern daylight time. All hearing
attendees (including those who do not intend to provide testimony and
merely listen) should register for the public hearing at: <a href="https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-locomotive">https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-locomotive</a>.
Those seeking to register should do so by March 13, 2024. If you
require the services of a translator or special accommodations such as
American Sign Language, please pre-register for the hearing and
describe your needs by March 13, 2024. The EPA may not be able to
arrange accommodations without advance notice. Please note that any
updates made to any aspect of the hearing will be posted online at:
<a href="https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-locomotive">https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-locomotive</a>. While the EPA expects the
hearing to go forward as set forth above, please monitor the website or
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to determine if there are any updates. The EPA does not intend
to publish a document in the Federal Register announcing updates.
Each commenter will have 3 minutes to provide oral testimony. The
EPA may ask clarifying questions during the oral presentations but will
not respond to the presentations at that time. The EPA recommends
submitting the text of your oral comments as written comments to the
docket for this action. 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 that will be placed in the docket. The EPA
will keep the record open until April 22, 2024. After 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 he deems pertinent.
Karl Simon,
Director, Transportation Climate Division, Office of Transportation and
Air Quality.
[FR Doc. 2024-03955 Filed 2-26-24; 8:45 am]
BILLING CODE 6560-50-P
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