Notice2024-08927
California State Nonroad Engine Pollution Control Standards; In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets and In-Use Off-Road Diesel Fueled Fleets; Requests for Authorization; Opportunity for Public Hearing and Comment
Primary source
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Published
April 26, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The California Air Resources Board (CARB) has notified the EPA that it has adopted amendments to its In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets (collectively, "TRU") regulations. By letter dated December 29, 2022, CARB requested that the EPA authorize the amendments pursuant to section 209(e) of the Clean Air Act (CAA). CARB has also notified EPA that it has adopted amendments to its In-Use Off-Road Diesel-Fueled Fleets ("Offroad Fleets") regulations. By letter dated November 2, 2023, CARB requested that the EPA authorize the amendments pursuant to section 209(e) of the CAA. This notice announces that the EPA will hold a public hearing to consider California's authorization requests and that the EPA is now accepting written comments on the requests.
Full Text
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<title>Federal Register, Volume 89 Issue 82 (Friday, April 26, 2024)</title>
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[Federal Register Volume 89, Number 82 (Friday, April 26, 2024)]
[Notices]
[Pages 32422-32424]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08927]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-10891-01-OAR]
California State Nonroad Engine Pollution Control Standards; In-
Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator
Sets and In-Use Off-Road Diesel Fueled Fleets; 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 amendments to its In-Use Diesel-Fueled Transport
Refrigeration Units (TRU) and TRU Generator Sets (collectively,
``TRU'') regulations. By letter dated December 29, 2022, CARB requested
that the EPA authorize the amendments pursuant to section 209(e) of the
Clean Air Act (CAA). CARB has also notified EPA that it has adopted
amendments to its In-Use Off-Road Diesel-Fueled Fleets (``Offroad
Fleets'') regulations. By letter dated November 2, 2023, CARB requested
that the EPA authorize the amendments pursuant to section 209(e) of the
CAA. This notice announces that the EPA will hold a public hearing to
consider California's authorization requests and that the EPA is now
accepting written comments on the requests.
DATES:
Comments: Written comments must be received on or before June 19,
2024.
Public Hearing: The EPA will hold public hearings on May 16, 2024,
regarding each of CARB's authorization requests. See SUPPLEMENTARY
INFORMATION for further information on the virtual public hearings, the
specific time of day associated with each authorization request, and
registration. Additional information regarding the virtual public
hearing and the TRU action can be found at: <a href="https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru">https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru</a>. Additional information regarding the virtual public
hearing and the Offroad Fleets action can be found at: <a href="https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel">https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel</a>.
ADDRESSES:
Comments: You may submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2024-0030 (for the TRU action) and by Docket ID. No. EPA-HQ-
OAR-2023-0581 (for the Offroad Fleets action) 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#67064a0609034a154a0308040c02132702170649000811"><span class="__cf_email__" data-cfemail="f594d8949b91d887d8919a969e9081b5908594db929a83">[email protected]</span></a>.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, OAR, Docket EPA-HQ-OAR-2024-0030 (for the TRU action) or Docket
EPA-HQ-OAR-2023-0581 (for the Offroad Fleets action), 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 one or both of these actions. 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 these actions, 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 hearings will be held on May 16,
2024. The hearing for the TRU authorization request will begin at 10:00
a.m. Eastern Daylight Time and will end approximately at 1:00 p.m. or
when all parties who wish to speak have had an opportunity to do so.
The hearing for the Offroad Fleets authorization request will begin at
2:00 p.m. Eastern Daylight Time and will end when all parties who wish
to speak have had an opportunity to do so. All hearing attendees, for
those wishing to attend either the morning hearing or afternoon hearing
for the TRU or Offroad Fleets authorization request, respectively
(including even those who do not intend to provide testimony), should
register for the respective public hearing(s) by May 9, 2024.
Information on how to register for the virtual public hearing regarding
the TRU authorization request can be found at: <a href="https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru">https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru</a>. Information on how to register for the virtual public
hearing regarding the Offroad Fleets authorization request can be found
at: <a href="https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel">https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel</a>.
FOR FURTHER INFORMATION CONTACT: Mark Coryell, Office of Transportation
and Air Quality, U.S. Environmental Protection Agency; Telephone
number: (734) 214-4446; Email address: <a href="/cdn-cgi/l/email-protection#462529343f232a2a682b27342d0623362768212930"><span class="__cf_email__" data-cfemail="b4d7dbc6cdd1d8d89ad9d5c6dff4d1c4d59ad3dbc2">[email protected]</span></a>. Jeremy
O'Kelly, Office of Transportation and Air Quality, U.S. Environmental
Protection Agency; Telephone number: (202) 250-8884; Email address:
<a href="/cdn-cgi/l/email-protection#5837333d34342176323d2a3d3521183d2839763f372e"><span class="__cf_email__" data-cfemail="204f4b454c4c590e4a4552454d59604550410e474f56">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. CARB's TRU Authorization Request
CARB's December 29, 2022, letter to the EPA Administrator notified
the EPA that CARB had amended its In-Use Diesel-Fueled Transport
Refrigeration Units (TRU) and TRU Generator Sets (collectively,
``TRU'') regulations (the TRU Amendments).\1\ The TRU Amendments,
adopted by the Board on
[[Page 32423]]
February 24, 2022, contain several provisions including, but not
limited to, a requirement that certain TRUs manufactured after a
certain date use a refrigerant less than or equal to a specified global
warming potential (GWP), a requirement that non-truck TRUs meet
specified particulate matter (PM) standards, a requirement that TRU
owners transition a percentage of their truck fleet TRUs to zero-
emission technology, and a requirement that owners of certain
facilities are subject to registration and reporting requirements.\2\
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\1\ Title 13, California Code of Regulations, section 2477. EPA
granted an authorization for California's initial set of TRU
regulations on January 16, 2009. EPA also granted a within-the-scope
authorization for amendments to the TRU regulations, adopted in
2010, on June 28, 2013 (78 FR 38970).
\2\ CARB's Authorization Support Document at 4-9 (EPA Docket:
EPA-HQ-OAR-2024-0030). A description of CARB's 2022 TRU Amendments
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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II. CARB's Offroad Fleets Authorization Request
CARB's November 2, 2023, letter to the EPA Administrator notified
the EPA that CARB had amended its In-Use Off-Road Diesel-Fueled Fleets
regulations (Offroad Fleets Amendments).\3\ The Offroad Fleets
Amendments, adopted by the Board on December 8, 2022, primarily require
fleets of in-use off-road diesel-fueled vehicles to phase out the
operation of their oldest and highest-emitting diesel vehicles and
prohibit such fleets from acquiring high-emitting vehicles. The Offroad
Fleets Amendments also require fleets to fuel their vehicles with
specified renewable diesel. Further, the Amendments establish
administrative requirements for prime contractors and public works
awarding bodies.\4\
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\3\ Title 13, California Code of Regulations, sections 2449,
2449.1, and 2449.2. In 2013, EPA issued an authorization for CARB's
initial Offroad Fleets adopted in 2007 and amended in 2009 and 2010
(78 FR 58090 (Sept. 20, 2013)).
\4\ CARB's Authorization Support Document at 4-10 (EPA Docket:
EPA-HQ-OAR-2023-0581). A description of CARB's Offroad Fleets
Amendments 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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III. 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.'' \5\ 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].\6\
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\5\ 42 U.S.C 7543(e)(1).
\6\ 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.\7\ The EPA revised these regulations in 1997.\8\ The
criteria for granting California authorization requests, as reflected
in section 209(e)(2)(A), can be found at 40 CFR 1074.105.
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\7\ 59 FR 36969 (July 20, 1994).
\8\ 62 FR 67733 (December 30, 1997). The preemption regulations
were later transcribed at 40 CFR part 1074; see 73 FR 59034 (Oct. 8,
2008).
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As stated in the preamble to the 1994 rule, the EPA has
historically interpreted the section 209(e)(2)(A)(iii) ``consistency''
inquiry (see 40 CFR 1074.105(b)(3)) 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).\9\
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\9\ 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 (such as ``. . . any standard or other
requirement relating to the control of emissions from . . . (A) New
engines which are used in construction equipments or vehicles or used
in farm equipment or vehicles and which are smaller than 175
horsepower. (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 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.\10\
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\10\ 78 FR 58090, 58092 (September 20, 2013).
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III. EPA's Request for Comments
We request comment on whether the TRU Amendments meet 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.
We also request comment on whether the Offroad Fleets Amendments
meet 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
[[Page 32424]]
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 hearings will be held on May 16, 2024. The
hearing for the TRU authorization request will begin at 10:00 a.m.
Eastern Daylight Time and will end approximately at 1:00 p.m. or when
all parties who wish to speak have had an opportunity to do so. The
hearing for the Offroad Fleets authorization request will begin at 2:00
p.m. Eastern Daylight Time and will end when all parties who wish to
speak have had an opportunity to do so.
All hearing attendees, for those wishing to attend either the
morning or afternoon hearings for TRU or Offroad Fleets, respectively
(including even those who do not intend to provide testimony,) should
register for the respective public hearing(s) by May 9, 2024.
Information on how to register for the virtual public hearing regarding
the TRU authorization request can be found at: <a href="https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru">https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru</a>. Information on how to register for the virtual public
hearing regarding the Offroad Fleets authorization request can be found
at: <a href="https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel">https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel</a>.
Those seeking to register should do so by May 9, 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 May 9, 2024. The EPA may not be able to arrange
accommodations without advance notice. Please note that any updates
made to any aspect of the TRU authorization hearing will be posted
online at: <a href="https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru">https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru</a>. Please also note that
any updates to any aspect of the Offroad Fleets authorization hearing
will be posted online at: <a href="https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel">https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel</a>. While the EPA expects the hearings to go forward as set forth
above, please monitor the respective hearing websites 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 the respective authorization request. 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 for the respective
authorization request. The Agency will make a verbatim record of the
proceedings at each hearing that will be placed in the respective TRU
and Offroad Fleets dockets. The EPA will keep the record open until
June 19, 2024, for each authorization request. After expiration of the
comment period, the Administrator will render decisions on CARB's
requests based on the record of the public hearing, relevant written
submissions, and other information that he deems pertinent.
William Charmley,
Director, Assessment and Standards Division, Office of Transportation
and Air Quality.
[FR Doc. 2024-08927 Filed 4-25-24; 8:45 am]
BILLING CODE 6560-50-P
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