Notice2024-31123
California State Nonroad Engine Pollution Control Standards; Small Off-Road Engines Regulations; Notice of Decision
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 6, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency ("EPA") is providing notice of its decision granting the California Air Resources Board's ("CARB's") request for an authorization of amendments to its small off-road engine ("SORE") regulations. CARB's amendments covered by this authorization include those adopted by CARB in 2016 and 2021. EPA's decision was issued under the authority of section 209 of the Clean Air Act ("CAA" or "Act").
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 3 (Monday, January 6, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Notices]
[Pages 640-642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31123]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2023-0151; FRL-10890-02-OAR]
California State Nonroad Engine Pollution Control Standards;
Small Off-Road Engines Regulations; Notice of Decision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of decision.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (``EPA'') is providing
notice of its decision granting the California Air Resources Board's
(``CARB's'') request for an authorization of amendments to its small
off-road engine (``SORE'') regulations. CARB's amendments covered by
this authorization include those adopted by CARB in 2016 and 2021.
EPA's decision was issued under the authority of section 209 of the
Clean Air Act (``CAA'' or ``Act'').
DATES: Petitions for review must be filed by March 7, 2025.
ADDRESSES: EPA has established a docket for this action under Docket ID
EPA-HQ-OAR-2023-0151. All documents relied upon in making this
decision, including those submitted to EPA by CARB, are contained in
the public docket. Publicly available docket materials are available
either electronically through <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard copy at
the EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of operation
are 8:30 a.m. to 4:30 p.m.; generally, it is open Monday through
Friday, except Federal holidays. The electronic mail (email) address
for the EPA Docket is: <a href="/cdn-cgi/l/email-protection#84e5a9e5eae0a9f6a9c0ebe7efe1f0c4e1f4e5aae3ebf2"><span class="__cf_email__" data-cfemail="b9d894d8d7dd94cb94fdd6dad2dccdf9dcc9d897ded6cf">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. After opening the <a href="http://www.regulations.gov">www.regulations.gov</a>
website, enter EPA-HQ-OAR-2023-0151 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 (``OTAQ'') 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 Federal Register notices, some of which are
[[Page 641]]
cited in this notice; 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: Michael Olechiw, Office of
Transportation and Air Quality, U.S. Environmental Protection Agency,
2000 Traverwood Drive, Ann Arbor, Michigan 48105. Telephone: 734-214-
4297. Email: <a href="/cdn-cgi/l/email-protection#fdbe9c91949b928f93949cd0aa9c948b988f8ed09c9399d0bc888995928f94879c899492938ebd988d9cd39a928b"><span class="__cf_email__" data-cfemail="91d2f0fdf8f7fee3fff8f0bcc6f0f8e7f4e3e2bcf0fff5bcd0e4e5f9fee3f8ebf0e5f8feffe2d1f4e1f0bff6fee7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On May 23, 2023, EPA published a Federal
Register notice announcing its receipt of CARB's authorization request.
In that notice, EPA invited public comment on California's
authorization request and an opportunity to present testimony at a
public hearing.\1\ EPA held a public hearing on June 27, 2023, and the
written comment period closed on July 28, 2023.\2\ EPA has considered
all comments submitted to the public docket on this matter.
---------------------------------------------------------------------------
\1\ 88 FR 33143 (May 23, 2023).
\2\ A transcript of the public hearing is located at EPA-HQ-OAR-
2023-0151-0007 and all written comments are also located at
<a href="http://regulations.gov">regulations.gov</a> at EPA-HQ-OAR-2023-0151.
---------------------------------------------------------------------------
On December 19, 2024, I signed a Decision Document granting
California an authorization pursuant to section 209(e)(2)(A) of the
CAA, as amended, 42 U.S.C. 7543(e)(2)(A), for CARB's 2016 and 2021
amendments to CARB's SORE regulations (the ``2016 SORE Amendments'' and
``2021 SORE Amendments'' respectively).\3\ The 2016 SORE Amendments
incorporate improvements to evaporative emissions certification
procedures, revise the compliance testing procedure, update the
evaporative emissions certification test fuel to represent commercially
available gasoline, and align aspects of the SORE requirements with the
corresponding federal requirements, while retaining elements of the
evaporative emission standards previously adopted by CARB. The 2021
SORE Amendments primarily establish exhaust and evaporative emission
standards and associated test procedures for 2024 and subsequent model
year engines and equipment. The 2021 SORE Amendments establish SORE
emission standards in two phases. First, the exhaust emission standards
for most 2024 and subsequent model year (``MY'') SORE are zero (0.00
grams per kilowatt-hour) for hydrocarbons and oxides of nitrogen. The
evaporative emission standards for most 2024 and subsequent MY SORE are
zero (0.00 grams per test). The above-mentioned emission standards
apply for all categories of SORE except pressure washer engines with
displacements greater than or equal to 225 cubic centimeters (cc) and
portable generator engines. The emission standards for these latter
categories of engines are amended and start in MY 2024; they are not
zero but are numerically lower (more stringent) than the pre-MY 2024
CARB emission standards. The second phase of the emissions standards
will be implemented beginning in MY 2028, when the exhaust and
evaporative emission standards for engines used in pressure washers
with displacements greater than or equal to 225 cc and portable
generators will be aligned with the zero emission standards for other
categories of SORE. A comprehensive description of California's SORE
amendments can be found in the Decision Document for this authorization
and in materials submitted to the Docket by CARB.\4\
---------------------------------------------------------------------------
\3\ EPA's Decision Document can be found at EPA-HQ-OAR-2023-
0151. EPA's authorization decision includes the entire 2016
amendment and 2021 amendment regulatory text that can be found in
CARB's December 20, 2022, authorization request (the SORE
Authorization Support Document) found at EPA-HQ-OAR-2023-0151-0003.
(CARB's entire authorization submission to EPA is found at EPA-HQ-
OAR-2023-0151). The specific regulatory provisions under EPA's
authorization consideration and included in this decision can be
found at footnotes 1 and 2 to the SORE Authorization Support
Document.
\4\ The Decision Document can be found at EPA-HQ-OAR-2023-0151.
---------------------------------------------------------------------------
CAA section 209(e)(1) permanently preempts any state, or political
subdivision thereof, from adopting or attempting to enforce any
standard or other requirement relating to the control of emissions for
certain new nonroad engines or vehicles.\5\ For all other nonroad
engines (including ``non-new'' engines), states generally are preempted
from adopting and enforcing standards and other requirements relating
to the control of emissions, except that CAA section 209(e)(2)(A)
requires EPA, after notice and opportunity for public hearing, to
authorize California to adopt and enforce such regulations unless EPA
makes one of three enumerated findings. Specifically, EPA must deny the
authorization if the Administrator finds that (1) California's
protectiveness determination (i.e., that California standards will be,
in the aggregate, as protective of public health and welfare as
applicable federal standards) is arbitrary and capricious, (2)
California does not need such standards to meet compelling and
extraordinary conditions, or (3) the California standards and
accompanying enforcement procedures are not consistent with section 209
of the Act.
---------------------------------------------------------------------------
\5\ States are expressly preempted from adopting or attempting
to enforce any standard or other requirement relating to the control
of emissions from new nonroad engines which are used in construction
equipment or vehicles or used in farm equipment or vehicles and
which are smaller than 175 horsepower. Such express preemption under
CAA section 209(e)(1) also applies to new locomotives or new engines
used in locomotives.
---------------------------------------------------------------------------
On July 20, 1994, EPA promulgated a rule (the 1994 rule)
interpreting the three criteria set forth in CAA section 209(e)(2)(A)
that EPA must consider before granting any California authorization
request for nonroad engine or vehicle emission standards.\6\ EPA
revised these regulations in 1997.\7\ As stated in the preamble to the
1994 rule, EPA has interpreted the consistency inquiry under the third
criterion, outlined above and set forth in section 209(e)(2)(A)(iii),
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) of the Act.\8\ 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 under CAA
section 209(b)(1)(C). That section provides that the Administrator
shall not grant California a motor vehicle waiver if the Administrator
finds that California ``standards and accompanying enforcement
procedures are not consistent with section 202(a)'' of the Act.
---------------------------------------------------------------------------
\6\ See ``Air Pollution Control; Preemption of State Regulation
for Nonroad Engine and Vehicle Standards,'' 59 FR 36969 (July 20,
1994).
\7\ See ``Control of Air Pollution: Emission Standards for New
Nonroad Compression-Ignition Engines at or Above 37 Kilowatts;
Preemption of State Regulation for Nonroad Engine and Vehicle
Standards; Amendments to Rules,'' 62 FR 67733 (December 30, 1997).
The applicable regulations are now found in 40 CFR part 1074,
subpart B, Part 1074.
\8\ EPA has interpreted section 209(b)(1)(C) in the context of
section 209(b) motor vehicle waivers.
---------------------------------------------------------------------------
CARB determined that these standards and accompanying enforcement
procedures do not cause California's standards, in the aggregate, to be
less protective to public health and welfare than the applicable
Federal standards. The administrative record, including information
presented to me by parties opposing California's
[[Page 642]]
authorization request, did not demonstrate that California arbitrarily
or capriciously reached this protectiveness determination. Therefore,
based on the record, I cannot find California's determination to be
arbitrary and capricious under section 209(e)(2)(A)(i).
CARB has demonstrated the existence of compelling and extraordinary
conditions justifying the need for such State standards. The
administrative record, including information presented to me by parties
opposing California's authorization request, did not demonstrate that
California does not need such State standards to meet compelling and
extraordinary conditions. Thus, based on the record, I cannot deny the
authorization based on section 209(e)(2)(A)(ii).
CARB has submitted information that its emission standards and test
procedures are consistent with section 209(a), section 209(e)(1), and
section 209(b)(1)(C) of the Act. The administrative record, including
information presented to me by parties opposing California's
authorization request, did not satisfy the burden of persuading EPA
that the standards are not consistent with section 209. Thus, based on
the record, I cannot deny the authorization based on section
209(e)(2)(A)(iii).
Accordingly, I hereby granted the authorization requested by
California.
Section 307(b)(1) of the CAA governs judicial review of final
actions by the EPA. Petitions for review must be filed by March 7,
2025.
As with past authorization decisions, this action is not a rule as
defined by Executive Order 12866. Therefore, it is exempt from review
by the Office of Management and Budget as required for rules and
regulations by Executive Order 12866.
In addition, this action is not a rule as defined in the Regulatory
Flexibility Act, 5 U.S.C. 601(2). Therefore, EPA has not prepared a
supporting regulatory flexibility analysis addressing the impact of
this action on small business entities.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, does not
apply because this action is not a rule, for purposes of 5 U.S.C.
804(3).
Michael S. Regan,
Administrator.
[FR Doc. 2024-31123 Filed 1-3-25; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 6, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.