Notice2025-00252
California State Nonroad Engine Pollution Control Standards; In-Use Off-Road Diesel Fueled Fleets; 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 10, 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 In-Use Off-Road Diesel Fueled Fleets ("2022 Off-Road Fleets Amendments") regulations. EPA's decision was issued under the authority of section 209 of the Clean Air Act ("CAA" or "Act").
Full Text
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<title>Federal Register, Volume 90 Issue 6 (Friday, January 10, 2025)</title>
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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Notices]
[Pages 1996-1998]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00252]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2024-0030; FRL-12461-01-OAR]
California State Nonroad Engine Pollution Control Standards; In-
Use Off-Road Diesel Fueled Fleets; Notice of Decision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of decision.
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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 In-Use
Off-Road Diesel Fueled Fleets (``2022 Off-Road Fleets Amendments'')
regulations. 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 11, 2025.
ADDRESSES: EPA has established a docket for this action under Docket ID
EPA-HQ-OAR-2023-0581. All
[[Page 1997]]
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#dfbef2beb1bbf2adf29bb0bcb4baab9fbaafbef1b8b0a9"><span class="__cf_email__" data-cfemail="cfaee2aea1abe2bde28ba0aca4aabb8faabfaee1a8a0b9">[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-2023-0581 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 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: Brian Nelson, Office of Transportation
and Air Quality, Office of Transportation and Air Quality, U.S.
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor,
Michigan 48105. Telephone: 734-214-4278. Email: <a href="/cdn-cgi/l/email-protection#f3b0929f9a959c819d9a92dea4929a85968180de929d97deb286879b9c819a8992879a9c9d80b3968392dd949c85"><span class="__cf_email__" data-cfemail="e5a684898c838a978b8c84c8b2848c93809796c8848b81c8a490918d8a978c9f84918c8a8b96a5809584cb828a93">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On April 26, 2024, 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 May 16, 2024, and the
written comment period closed on June 19, 2024.\2\ EPA has considered
all comments submitted to the public docket on this matter.
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\1\ 89 FR 32422 (April 26, 2024).
\2\ A transcript of the public hearing is located at EPA-HQ-OAR-
2023-0581-0031, and all written comments are also located at
<a href="http://regulations.gov">regulations.gov</a> at EPA-HQ-OAR-2023-0581.
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On January 3, 2025, 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 2022 amendments to
CARB's In-Use Off-Road Diesel-Fueled Fleets regulations (the ``2022
Off-Road Fleets Amendments'').\3\ The 2022 Off-Road Fleets Amendments
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 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. The Amendments phase-in starting in 2024 through the
end of 2036 and include changes to enhance enforceability and encourage
the adoption of zero-emission technologies. A comprehensive description
of California's 2022 Off-Road Fleets Amendments can be found in the
Decision Document for this authorization and in materials submitted to
the Docket by CARB.\4\
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\3\ EPA's Decision Document is located at EPA-HQ-OAR-2023-0581.
EPA's authorization decision encompasses all of the regulations in
CARB's Off-Road Fleets Amendments. The full regulatory text for the
amendments can be found in CARB's Final Regulation Order located at
EPA-HQ-OAR-2023-0581-0012.
\4\ CARB's Off-Road Fleets Authorization Support Document (EPA
Docket: EPA-HQ-OAR-2023-0581-0027). A description of CARB's Off-Road
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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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 section 209(e)(2)(A) of the
Act 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
authorization if the Administrator finds that (1) California's
protectiveness determination (i.e., that California standards will be,
in the aggregate, at least 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.
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\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.
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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
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.
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\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.
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[[Page 1998]]
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 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 11,
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).
Jane Nishida,
Acting Administrator.
[FR Doc. 2025-00252 Filed 1-8-25; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 10, 2025.
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