Notice2025-00253
California State Nonroad Engine Pollution Control Standards; In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets; 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 to partially grant the California Air Resources Board's ("CARB's") request for an authorization of amendments to its In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets (collectively, "TRU") regulations ("2022 TRU Amendments"). 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 2000-2001]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00253]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2024-0030; FRL-10891-02-OAR]
California State Nonroad Engine Pollution Control Standards; In-
Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator
Sets; 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 to partially grant the California Air Resources
Board's (``CARB's'') request for an authorization of amendments to its
In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU
Generator Sets (collectively, ``TRU'') regulations (``2022 TRU
Amendments''). 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-2024-0030. 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#ea8bc78b848ec798c7ae8589818f9eaa8f9a8bc48d859c"><span class="__cf_email__" data-cfemail="0c6d216d6268217e2148636f6769784c697c6d226b637a">[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-2024-0030 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, MI
48105. Telephone: 734-214-4278. Email: <a href="/cdn-cgi/l/email-protection#e9aa8885808f869b878088c4be88809f8c9b9ac488878dc4a89c9d81869b8093889d8086879aa98c9988c78e869f"><span class="__cf_email__" data-cfemail="abe8cac7c2cdc4d9c5c2ca86fccac2ddced9d886cac5cf86eadedfc3c4d9c2d1cadfc2c4c5d8ebcedbca85ccc4dd">[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-
2024-0030-0017, and all written comments are also located at
<a href="http://regulations.gov">regulations.gov</a> at EPA-HQ-OAR-2024-0030.
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On January 3, 2025, I signed a Decision Document granting
California a partial 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 Diesel-Fueled TRU and TRU Generator Sets
(collectively, ``TRU'') regulations (the ``2022 TRU Amendments'').\3\
These amendments 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 diesel-fueled truck TRU fleet to zero-
emission technology refrigeration units (ZETRU), and a requirement that
owners of certain facilities are subject to registration and reporting
requirements. A comprehensive description of California's 2022 TRU
Amendments can be found in the Decision Document for this authorization
and in materials submitted to the Docket by CARB. As described in the
Decision Document, this authorization encompasses all of the
regulations in CARB's 2022 TRU Amendments except the requirement for
TRU owners to turnover at least 15 percent of their diesel-fueled truck
TRU fleet to ZETRU by December 31, 2023, and each year thereafter.
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\3\ EPA's Decision Document can be found at EPA-HQ-OAR-2024-
0030. The entire 2022 amendment regulatory text for TRU can be found
in CARB's December 29, 2022, authorization request (the TRU Final
Regulation Order) found at EPA-HQ-OAR-2024-0030-0004. (CARB's entire
authorization request to EPA is found at EPA-HQ-OAR-2024-0030).
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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.\4\ For all other
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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, 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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\4\ 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
section 209(e)(1) of the Act 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.\5\ EPA
revised these regulations in 1997.\6\ 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.\7\ 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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\5\ See ``Air Pollution Control; Preemption of State Regulation
for Nonroad Engine and Vehicle Standards,'' 59 FR 36969 (July 20,
1994).
\6\ 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.
\7\ EPA has interpreted section 209(b)(1)(C) in the context of
section 209(b) motor vehicle waivers.
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CARB determined that the 2022 TRU Amendments 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 the 2022 TRU Amendments 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 that EPA is authorizing are not consistent with
section 209. Thus, based on the record, I cannot deny the authorization
based on section 209(e)(2)(A)(iii).
EPA is not acting at this time on CARB's ZETRU requirements for the
turnover of at least 15 percent of their diesel-fueled truck TRU fleet
to ZETRU by December 31, 2023, (and each year thereafter.)
Accordingly, I hereby granted the authorization requested by
California, with the exception noted above.
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. 2025-00253 Filed 1-8-25; 8:45 am]
BILLING CODE 6560-50-P
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