[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Notices]
[Pages 71791-71793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29368]



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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2015-0224; FRL-9939-16-OAR]


California State Nonroad Engine Pollution Control Standards; In-
Use Diesel-Fueled Transport Refrigeration Units (TRUs) and TRU 
Generator Sets and Facilities Where TRUs Operate; Request for Within-
the-Scope and Full Authorization; 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 the 
Environmental Protection Agency (EPA) that it has adopted amendments to 
its In-Use Diesel-Fueled Transport Refrigeration Units (TRUs) and TRU 
Generator Sets and Facilities Where TRUs Operate (together ``2011 TRU 
Amendments'') regulation. By letter dated March 2, 2015, CARB asked 
that EPA authorize these amendments pursuant to section 209(e) of the 
Clean Air Act. CARB seeks confirmation that certain 2011 TRU Amendments 
are within the scope of prior authorizations issued by EPA, or, in the 
alternative, that such amendments merit full authorization. CARB also 
seeks a full authorization for other 2011 TRU Amendments. This notice 
announces that EPA has tentatively scheduled a public hearing to 
consider California's authorization request for the 2011 TRU Amendments 
and that EPA is now accepting written comment on the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's 
request on January 6, 2016, at 10 a.m. ET. EPA will hold a hearing only 
if any party notifies EPA by December 15, 2015 to express interest in 
presenting the Agency with oral testimony. Parties wishing to present 
oral testimony at the public hearing should provide written notice to 
David Dickinson at the email address noted below. If EPA receives a 
request for a public hearing, that hearing will be held at the William 
Jefferson Clinton Building (North), Room 5528 at 1200 Pennsylvania Ave. 
NW., Washington, DC 20460. If EPA does not receive a request for a 
public hearing, then 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 February 8, 2016.
    Any person who wishes to know whether a hearing will be held may 
call David Dickinson at (202) 343-9256 on or after December 16, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0224, by one of the following methods:
     Online at http://www.regulations.gov: Follow the Online 
Instructions for Submitting Comments.
     Email: [email protected].
     Fax: (202) 566-9744.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2015-0224, U.S. Environmental Protection Agency, Mail code: 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.
    Online Instructions for Submitting Comments: Direct your comments 
to Docket ID No. EPA-HQ-OAR-2015-0224. 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-2015-0224. 
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, 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 and authorization 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: David Dickinson, Attorney-Advisor, 
Transportation and Climate Division, Office of Transportation and Air 
Quality, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. 
NW., (6405J), Washington, DC 20460. Telephone: (202) 343-9256. Fax: 
(202) 343-2804. Email: [email protected].

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SUPPLEMENTARY INFORMATION:

I. California's TRU Regulations; Within-the-Scope Request and Request 
for Full Authorization

    CARB's TRU regulations require TRU engines to meet in-use standards 
that vary by horsepower (hp) range and have two levels of emissions 
stringency (LETRU and ULETRU--low-emission and ultra-low emission 
transportation refrigeration units, respectively) that are phased in 
over time.\1\ The 2011 Amendments provide owners of 2001 through 2003 
model year (MY) TRU engines that complied with the LETRU in-use 
performance standards by specified compliance deadlines a one-year 
extension of the deadline to comply with the more stringent ULETRU in-
use performance standards.\2\ The 2011 Amendments also clarify manual 
recordkeeping requirements for electric standby-equipped TRUs and 
ultimately require automated electronic tracking system requirements 
for such TRUs; establish requirements for businesses that arrange, 
hire, contract, or dispatch the transport of goods in TRU-equipped 
trucks, trailers or containers; and address other issues that arose 
during the initial implementation of the TRU regulation.\3\
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    \1\ CARB's amended regulation is codified at California Code of 
Regulations (CCR), title 13, section 2477. EPA granted California a 
full authorization for the initial TRU regulation in 2009 (74 FR 
3030 (January 16, 2009)). EPA confirmed California's 2010 amendments 
were within the scope of the initial TRU authorization in 2013 (78 
FR 38970 (June 28, 2013)).
    \2\ The 2011 TRU Amendments also provide an extension of 
applicable compliance dates should compliant technology not be 
available.
    \3\ For a complete description of CARB's amended TRU regulation 
and the provisions which CARB seeks EPA's authorization see CARB's 
incoming request to EPA (and accompanying documents) submitted to 
the public docket at EPA-HQ-OAR-2015-0224.
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    By letter dated March 2, 2015, CARB submitted a request to EPA 
pursuant to section 209(e) of the Clean Air Act (CAA or the Act) for 
confirmation that its 2011 Amendments fall within the scope of EPA's 
previous authorizations, or, in the alternate, a full authorization for 
those amendments. Included in the within-the-scope request are the 2011 
Amendments that (1) extend the ULETRU compliance date for MY 2003 and 
older TRUs that complied with the LETRU standard by specified dates; 
(2) extend compliance dates when compliant technology is unavailable or 
delayed for certain reasons; (3) establish new exemptions; \4\ and (4) 
allow in-use performance standards and associated compliance deadlines 
to be based on the year the TRU was manufactured instead of the TRU 
engine model year. CARB also seeks within-the-scope confirmation that 
certain amendments to its accompanying enforcement procedures are 
within the scope of prior EPA authorizations.\5\ CARB seeks a full 
authorization for a subset of the 2011 Amendments that set forth 
requirements for repowering TRUs with new replacement engines and that 
allow owners to repower TRUs with rebuilt engines meeting certain 
requirements. CARB also seeks a full authorization for a series 
amendments to the TRU accompanying enforcement procedures.\6\
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    \4\ These new exemptions are listed in section II G of CARB's 
authorization request, EPA-HQ-OAR-2015-0224-0002 at p. 12-13.
    \5\ These amendments to the TRU accompanying enforcement 
procedures are listed in CARB's authorization request, EPA-HQ-OAR-
2015-0244-0002 at p. 24.
    \6\ These amendments to the TRU accompanying enforcement 
procedures are listed in CARB's authorization request, EPA-HQ-OAR-
2015-0224-0002 at p. 25.
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II. Clean Air Act Nonroad Engine and Vehicle Authorizations

    Section 209(e)(1) of the CAA prohibits states and local governments 
from adopting or attempting to enforce any standard or requirement 
relating to the control of emissions from certain types of new nonroad 
vehicles or engines. The Act also preempts states from adopting and 
enforcing standards and other requirements related to the control of 
emissions from other types of new nonroad vehicles or engines as well 
as non-new nonroad engines or vehicles. Section 209(e)(2), however, 
requires the Administrator, after notice and opportunity for public 
hearing, to authorize California to adopt and enforce standards and 
other requirements relating to the control of emissions from such 
preempted vehicles or engines if California determines that California 
standards will be, in the aggregate, at least as protective of public 
health and welfare as applicable Federal standards. However, EPA shall 
not grant such authorization if it finds that (1) the determination of 
California is arbitrary and capricious; (2) California does not need 
such California standards to meet compelling and extraordinary 
conditions; or (3) California standards and accompanying enforcement 
procedures are not consistent with [CAA section 209].\7\ In addition, 
other states with air quality attainment plans may adopt and enforce 
such regulations if the standards and the 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.\8\ EPA 
revised these regulations in 1997.\9\ As stated in the preamble to the 
1994 rule, EPA has historically interpreted the section 
209(e)(2)(A)(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).\10\
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    \7\ EPA's review of California regulations under section 209 is 
not a broad review of the reasonableness of the regulations or its 
compatibility with all other laws. Sections 209(b) and 209(e) of the 
Clean Air Act limit EPA's authority to deny California requests for 
waivers and authorizations to the three criteria listed therein. As 
a result, EPA has consistently refrained from denying California's 
requests for waivers and authorizations based on any other criteria. 
In instances where the U.S. Court of Appeals has reviewed EPA 
decisions declining to deny waiver requests based on criteria not 
found in section 209(b), the Court has upheld and agreed with EPA's 
determination. See Motor and Equipment Manufacturers Ass'n v. 
Nichols, 142 F.3d 449, 462-63, 466-67 (D.C. Cir.1998), Motor and 
Equipment Manufacturers Ass'n v. EPA, 627 F.2d 1095, 1111, 1114-20 
(D.C. Cir. 1979). See also 78 FR 58090, 58120 (September 20, 2013).
    \8\ 59 FR 36969 (July 20, 1994).
    \9\ 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 to authorize California 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.
    \10\ 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

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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.\11\
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    \11\ Id. See also 78 FR 58090, 58092 (September 20, 2013).
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    If California amends regulations that EPA has already authorized, 
California can seek EPA confirmation that the amendments are within the 
scope of the previous authorization. A within-the-scope confirmation, 
without a full authorization review, is permissible if three conditions 
are met.\12\ 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.
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    \12\ See 78 FR 38970, 38972 (June 28, 2013).
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    In considering whether to grant authorizations for accompanying 
enforcement procedures tied to standards for which an authorization has 
already been granted, EPA addresses questions as to whether the 
enforcement procedures undermine California's determination that its 
standards are as protective of public health and welfare as applicable 
federal standards, and whether the enforcement procedures are 
consistent with section 202(a).\13\
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    \13\ See CAA section 209(e)(2)(A)(i) and (iii), 42 U.S.C. 
7543(e)(2)(A) (i) and (iii).
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III. EPA's Request for Comments

    As stated above, EPA is offering the opportunity for a public 
hearing, and is requesting written comment on issues relevant to a 
within-the-scope analysis and a full authorization analysis. 
Specifically, we request comment on whether the 2011 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; or (3) raise any 
other new issues affecting EPA's previous waiver or authorization 
determinations.
    Should any party believe that the amendments are not within the 
scope of the previous authorizations, EPA also requests comment on 
whether the 2011 Amendments meet the criteria for a 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.

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 February 8, 2016. 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-2015-0224.
    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: November 9, 2015.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and 
Radiation.
[FR Doc. 2015-29368 Filed 11-16-15; 8:45 am]
 BILLING CODE 6560-50-P