[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Pages 67184-67186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28116]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9484-9]


California State Nonroad Engine Pollution Control Standards; 
Large Spark-Ignition (LSI) Engines; Fleet Requirements for In-Use LSI 
Forklifts and Other Industrial Equipment; Opportunity for Public 
Hearing and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The California Air Resources Board (CARB) has notified EPA 
that it has amended its emission standards and certification and test 
procedures for large spark-ignition nonroad engines (``LSI Emission 
Standards''). CARB has also adopted in-use fleet average emission 
requirements for large- and medium-sized fleets (``LSI In-Use Fleet 
Requirements). California's LSI In-Use Fleet Requirements are 
applicable to fleets comprised of four or more pieces of equipment 
powered by LSI engines, including forklifts, industrial tow tractors, 
sweepers/scrubbers, and airport

[[Page 67185]]

ground support equipment. CARB requests that EPA find the amended LSI 
Emission Standards to be within the scope of a previously granted LSI 
authorization or, in the alternative, grant a new full authorization 
pursuant to Clean Air Act section 209(e). This notice announces that 
EPA has tentatively scheduled a public hearing to consider California's 
LSI Emission Standards and LSI In-Use Fleet Requirements, and that EPA 
is now accepting written comment on the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's 
request on November 15, 2011, at 10 a.m. ET. EPA will hold a hearing 
only if any party notifies EPA by November 7, 2011, expressing interest 
in presenting the agency with oral testimony. Parties wishing to 
present oral testimony at the public hearing should provide written 
notice to Kristien Knapp at the email address noted below. If EPA 
receives a request for a public hearing, that hearing will be held at 
1310 L Street NW., Washington, DC 20005. If EPA does not receive a 
request for a public hearing, then EPA will not hold a hearing, and 
instead consider CARB's request based on written submissions to the 
docket. Any party may submit written comments until December 15, 2011.
    By November 14, 2011, any person who plans to attend the hearing 
may call Kristien Knapp at (202) 343-9949, to learn if a hearing will 
be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0830, by one of the following methods:
     On-Line at http://www.regulations.gov: Follow the On-Line 
Instructions for Submitting Comments.
     Email: [email protected].
     Fax: (202) 566-1741.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2011-0830, U.S. Environmental Protection Agency, Mailcode: 6102T, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total 
of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 
20460. Such deliveries are only accepted during the Docket's normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    On-Line Instructions for Submitting Comments: Direct your comments 
to Docket ID No. EPA-HQ-OAR-2011-0830. EPA's policy is that all 
comments we receive will be included in the public docket without 
change and may be made available online at http://www.regulations.gov, 
including any personal information provided, unless the comment 
includes information claimed to be Confidential Business Information 
(CBI) or other information whose disclosure is restricted by statute. 
Do not submit information that you consider to be CBI or otherwise 
protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through http://www.regulations.gov, your 
email address will automatically be captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    EPA will make available for public inspection materials submitted 
by CARB, written comments received from any interested parties, and any 
testimony given at the public hearing. Materials relevant to this 
proceeding are contained in the Air and Radiation Docket and 
Information Center, maintained in Docket ID No. EPA-HQ-OAR-2011-0830. 
Publicly available docket materials are available either electronically 
through http://www.regulations.gov or in hard copy at the Air and 
Radiation Docket in the EPA Headquarters Library, EPA West Building, 
Room 3334, located at 1301 Constitution Avenue, NW., Washington, DC. 
The Public Reading Room is open to the public on all federal government 
work days from 8:30 a.m. to 4:30 p.m.; generally, it is open Monday 
through Friday, excluding holidays. The telephone number for the 
Reading Room is (202) 566-1744. The Air and Radiation Docket and 
Information Center's Web site is http://www.epa.gov/oar/docket.html. 
The electronic mail (email) address for the Air and Radiation Docket 
is: [email protected], the telephone number is (202) 566-1742, and 
the fax number is (202) 566-9744. 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 http://www.regulations.gov. After opening the http://www.regulations.gov Web 
site, enter EPA-HQ-OAR-2011-0830, 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 also maintains a Web 
page that contains general information on its review of California 
waiver requests. Included on that page are links to prior waiver and 
authorization Federal Register notices. The page can be accessed at 
http://www.epa.gov/otaq/cafr.htm.

FOR FURTHER INFORMATION CONTACT: Kristien G. Knapp, Attorney-Advisor, 
Compliance Division, Office of Transportation and Air Quality, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue (6405J), NW., 
Washington, DC 20460. Telephone: (202) 343-9949. Fax: (202) 343-2804. 
Email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. California's LSI Regulations

    By letter dated December 10, 2008, CARB submitted to EPA its 
request pursuant to section 209(e) of the Clean Air Act (``CAA'' or 
``the Act''), regarding its regulation of emissions from new off-road 
large spark-ignition (LSI) engines and its in-use fleet requirements 
for forklifts and other industrial equipment with LSI engines.\1\ The 
LSI regulations are designed to reduce emissions of hydrocarbons (HC) 
and oxides of nitrogen (NOX) from forklifts and other 
industrial equipment powered by LSI engines. CARB approved the LSI 
regulations at a public hearing on May 25, 2006 (by Resolution 06-
11).\2\ After making modifications to the regulation available on 
December 1, 2006, and February 1, 2007 for supplemental public comment, 
CARB's Executive Officer formally adopted the LSI regulations in 
Executive Order R-07-

[[Page 67186]]

001 on March 2, 2007.\3\ The LSI regulations are codified at title 13, 
California Code of Regulations, sections 2775 through 2775.2 \4\
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    \1\ California Air Resources Board (``CARB''), ``Request for 
Authorization,'' December 10, 2008, EPA-HQ-OAR-2011-0830-0001.
    \2\ CARB Enclosure 1, ``Resolution 06-11,'' EPA-HQ-OAR-2011-
0830-0002.
    \3\ CARB Enclosure 2, ``Executive Order R-07-001,'' EPA-HQ-OAR-
2011-0830-0003.
    \4\ CARB Enclosure 3, ``Final Regulation Order,'' EPA-HQ-OAR-
2011-0830-0004.
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    Underpinning CARB's LSI regulations is a set of emission standards 
for new off-road LSI engines beginning in 2007. The emission standards 
include: Adoption of EPA's 2007 and later model year emission standards 
for the same engines, more stringent standards for the 2010 and later 
model years, optional certification standards, and more rigorous 
certification and test procedures. The LSI regulations also apply to 
operators of large- and medium-sized fleets of forklifts, sweepers/
scrubbers, airport ground support equipment (GSE), and industrial tow 
tractors with engine displacements of greater than one liter. These 
fleets must meet a fleet average in-use emission standard.

II. Clean Air Act Nonroad Engine and Vehicle Authorizations

    Section 209(e)(1) of the Act 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 new nonroad engines or vehicles. States are also preempted from 
adopting and enforcing standards and other requirements related to the 
control of emissions from non-new nonroad engines or vehicles. Section 
209(e)(2) requires the Administrator, after notice and opportunity for 
public hearing, to authorize California to enforce such standards and 
other requirements, unless EPA makes one of three findings. In 
addition, other states with attainment plans may adopt and enforce such 
regulations if the standards, and implementation and enforcement 
procedures, are identical to California's standards. On July 20, 1994, 
EPA promulgated a rule that sets forth, among other things, regulations 
providing the criteria, as found in section 209(e)(2), which EPA must 
consider before granting any California authorization request for new 
nonroad engine or vehicle emission standards.\5\ EPA later revised 
these regulations in 1997.\6\ As stated in the preamble to the 1994 
rule, EPA has historically interpreted the section 209(e)(2)(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 EPA has interpreted 
that subsection in the context of section 209(b) motor vehicle 
waivers).\7\
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    \5\ 59 FR 36969 (July 20, 1994).
    \6\ See 62 FR 67733 (December 30, 1997). The applicable 
regulations, now in 40 CFR part 1074, subpart B, Sec.  1074.105, 
provide:
    (a) The Administrator will grant the authorization if California 
determines that its standards will be, in the aggregate, at least as 
protective of public health and welfare as otherwise applicable 
federal standards.
    (b) The authorization will not be granted if the Administrator 
finds that any of the following are true:
    (1) California's determination is arbitrary and capricious.
    (2) California does not need such standards to meet compelling 
and extraordinary conditions.
    (3) The California standards and accompanying enforcement 
procedures are not consistent with section 209 of the Act.
    (c) In considering any request from California to authorize the 
state to adopt or enforce standards or other requirements relating 
to the control of emissions from new nonroad spark-ignition engines 
smaller than 50 horsepower, the Administrator will give appropriate 
consideration to safety factors (including the potential increased 
risk of burn or fire) associated with compliance with the California 
standard.
    \7\ See 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. 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.

III. EPA's Request for Comments

    As stated above, EPA is offering the opportunity for a public 
hearing, and requesting written comment on issues relevant to a full 
authorization analysis. 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.

IV. Procedures for Public Participation

    If a hearing is held, the Agency will make a verbatim record of the 
proceedings. Interested parties may arrange with the reporter at the 
hearing to obtain a copy of the transcript at their own expense. 
Regardless of whether a public hearing is held, EPA will keep the 
record open until December 15, 2011. Upon expiration of the comment 
period, the Administrator will render a decision on CARB's request 
based on the record from the public hearing, if any, all relevant 
written submissions, and other information that she deems pertinent. 
All information will be available for inspection at the EPA Air Docket 
No. EPA-HQ-OAR-2011-0830.
    Persons with comments containing proprietary information must 
distinguish such information from other comments to the greatest extent 
possible and label it as ``Confidential Business Information'' 
(``CBI''). If a person making comments wants EPA to base its decision 
on a submission labeled as CBI, then a non-confidential version of the 
document that summarizes the key data or information should be 
submitted to the public docket. To ensure that proprietary information 
is not inadvertently placed in the public docket, submissions 
containing such information should be sent directly to the contact 
person listed above and not to the public docket. Information covered 
by a claim of confidentiality will be disclosed by EPA only to the 
extent allowed, and according to the procedures set forth in 40 CFR 
part 2. If no claim of confidentiality accompanies the submission when 
EPA receives it, EPA will make it available to the public without 
further notice to the person making comments.

    Dated: October 25, 2011.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air Quality, Office of Air and 
Radiation.
[FR Doc. 2011-28116 Filed 10-28-11; 8:45 am]
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