[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50412-50414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20153]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2013-0024; FRL 9900-21-OAR]


California State Nonroad Engine Pollution Control Standards; 
Amendments to Spark Ignition Marine Engine and Boat Regulations; 
Request 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 EPA 
that it has adopted amendments to the California Spark Ignition Marine 
Engine and Boat Regulations (2008 Marine SI Amendments or 2008 
Amendments). CARB requested EPA confirmation that some of the 2008 
Amendments are within the scope of prior EPA authorizations or 
alternatively that EPA grant full authorization for those amendments. 
CARB also requested confirmation that additional amendments require and 
merit full authorization. This notice announces that EPA has 
tentatively scheduled a public hearing and is now accepting written 
comment on California's request for authorization of the 2008 Marine SI 
Amendments.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's 
request on September 16, 2013, at 9 a.m. EPA will hold a hearing only 
if any party notifies EPA by September 6, 2013, of their request to 
present oral testimony. Parties wishing to present oral testimony at 
the public hearing must provide written notice by September 6, 2013 to 
Julian Davis 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, EPA will not hold a hearing, and instead will 
consider CARB's request based on written submissions to the docket. Any 
party may submit written comments until October 18, 2013.
    By September 10, 2013, any person who plans to attend the hearing 
may check the following Web page for an update, http://www.epa.gov/otaq/cafr.htm, or may call Julian Davis at (734) 214-4029 to learn if a 
hearing will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0024, by one of the following methods:
     On-Line at http://www.regulations.gov/: Follow the On-Line 
instructions for submitting comments. Direct your comments to Docket ID 
No. EPA-HQ-OAR-2013-0024.
     Email: [email protected].
     Fax: (202) 566-1741.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2013-0024, 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.
    EPA's policy is that all comments received 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

[[Page 50413]]

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-2013-0024. Publicly available docket materials can be 
accessed 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-2013-0024 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 about California waiver and 
authorization requests. The page can be accessed at http://www.epa.gov/otaq/cafr.htm.

FOR FURTHER INFORMATION CONTACT: Julian M. Davis, Attorney-Advisor, 
Compliance Division, Office of Transportation and Air Quality, U.S. 
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 
48105. Telephone: (734) 214-4029. Fax: (734) 214-4053. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. California's Marine Spark Ignition and Boat Regulations

    On March 28, 2007 EPA granted an authorization for California's 
initial set of Marine Spark Ignition and Boat regulations.\1\ This 
authorization enabled CARB to enforce regulations applicable to 
outboard and personal watercraft engines and to enforce the first tier 
of regulations affecting inboard and stern drive engines. EPA 
authorized California's second tier of inboard and sterndrive engine 
regulations in 2011.\2\ California refers to these regulations 
collectively as the ``CARB Marine Spark Ignition Engine (``Marine SI'') 
regulations.''
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    \1\ 72 FR 14546 (March 28, 2007).
    \2\ 76 FR 24872 (May 3, 2011).
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    By letter dated November 30, 2012, CARB submitted to EPA an 
authorization request pursuant to section 209(e) of the Clean Air Act 
(``CAA'' or ``the Act'') for its 2008 Marine SI Amendments.\3\ The 
amendments seek to address technical issues arising between 2006 and 
2008; to make clarifications and correct cross referencing errors found 
in the original regulation; and to enhance alignment with other CARB 
and EPA regulations. CARB is requesting two types of authorization 
actions on the 2008 Amendments.
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    \3\ ``Clean Air Act Sec.  209(E) (2) Authorization Support 
Document Submitted By the California Air Resources Board, November 
30, 2012,'' at p. 1-20, EPA-HQ-OAR-2013-0024.
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    First, CARB requests confirmation that certain changes are within-
the-scope of the prior authorizations, or in the alternative, merit 
full authorization. The provisions for which CARB requests a within-
the-scope determination include: Clarification of aftermarket exemption 
procedures; new environmental label options; new test cycle, emissions 
measurement, and assigned deterioration factor options for high 
performance engines; optional engine discontinuation allowances for 
sterndrive/inboard engines; compliance assistance changes; revised on-
board diagnostic marine requirements; changes to replacement engine 
provisions; and modification of exhaust standards for high-performance 
sterndrive/inboard engines.\4\
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    \4\ Id. at p. 3.
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    Second, CARB requests full authorization to enforce other changes 
within the 2008 Amendments that revise standards or establish new 
requirements. The provisions for which CARB requests new authorization 
include: Revised total hydrocarbon emission standards; enhanced 
evaporative emission controls for high performance sterndrive/inboard 
engines; not-to-exceed limits; revised jet boat engine standards; and 
new carbon monoxide emission standards.\5\
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    \5\ Id.
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II. Clean Air Act Nonroad Engine and Vehicle Authorizations

A. Criteria for New Authorization Determinations

    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 certain new nonroad engines or vehicles.\6\ For all other nonroad 
engines (including ``non-new'' engines), states are preempted from 
adopting and enforcing standards and other requirements relating to the 
control of emissions, except that section 209(e)(2) 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 specifically enumerated findings. In addition, other states 
with attainment plans may adopt and enforce such regulations if the 
standards, implementation, enforcement, are identical to California's. 
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 nonroad engine or vehicle emission 
standards.\7\ EPA revised these regulations in 1997.\8\

[[Page 50414]]

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).\9\
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    \6\ 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.
    \7\ 59 FR 36969 (July 20, 1994).
    \8\ 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.
    \9\ 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.
    If California amends regulations that were previously granted an 
authorization, EPA can confirm that the amended regulations are within 
the scope of the previously granted authorization. Such within-the-
scope amendments are permissible without a full authorization review if 
three conditions are met. First, the amended regulations must not 
undermine California's determination that its standards, in the 
aggregate, are as protective of public health and welfare as applicable 
federal standards. Second, the amended regulations must not affect 
consistency with section 202(a) of the Act. Third, the amended 
regulations must not raise any ``new issues'' affecting EPA's prior 
authorizations.

III. EPA's Request for Comments

    EPA invites public comment on CARB's entire request, including but 
not limited to the following issues.

A. 2008 Within-the-Scope or New Authorization

    First, we request comment on whether CARB's 2008 Amendments, 
summarized in CARB's November 2012 letter, each individually assessed, 
should be considered under the within-the-scope analysis or whether 
they should be considered under the full authorization criteria. 
Specifically, we request comment on whether California's 2008 
Amendments (1) undermine California's previous determination that its 
standards, in the aggregate, are at least as protective of public 
health and welfare as comparable Federal standards, (2) affect the 
consistency of California's requirements with section 209 of the Act, 
and (3) raise any other ``new issue'' affecting EPA's previous waiver 
or authorization determinations.
    In determining whether amendments can be viewed as within-the-scope 
of previous waivers, EPA does not evaluate how ``significant'' the 
changes to the regulations are, or whether cost or emission benefit 
projections have changed, but rather EPA evaluates whether CARB has 
either made minor technical amendments to previously waived regulations 
or whether the amendments can reasonably be viewed as modifying the 
regulations in order to provide manufacturers with additional 
compliance flexibilities or otherwise reduce the overall stringency of 
the requirements.
    Should any party believe that the 2008 Amendments for which 
California requested within-the-scope authorization do not merit 
consideration as within-the-scope of the previous Marine SI 
authorization, EPA also requests comment on whether those amendments 
meet the criteria for full 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.
    EPA similarly requests comment on whether the amendments for which 
CARB requested full authorization meet the criteria set forth above for 
making a new authorization determination.

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 October 18, 2013. 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-2013-0024.
    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: August 9, 2013.
Christopher Grundler,
Director, Office of Transportation and Air Quality.
[FR Doc. 2013-20153 Filed 8-16-13; 8:45 am]
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