[Federal Register Volume 89, Number 82 (Friday, April 26, 2024)]
[Notices]
[Pages 32422-32424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08927]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10891-01-OAR]


California State Nonroad Engine Pollution Control Standards; In-
Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator 
Sets and In-Use Off-Road Diesel Fueled Fleets; Requests 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 the EPA 
that it has adopted amendments to its In-Use Diesel-Fueled Transport 
Refrigeration Units (TRU) and TRU Generator Sets (collectively, 
``TRU'') regulations. By letter dated December 29, 2022, CARB requested 
that the EPA authorize the amendments pursuant to section 209(e) of the 
Clean Air Act (CAA). CARB has also notified EPA that it has adopted 
amendments to its In-Use Off-Road Diesel-Fueled Fleets (``Offroad 
Fleets'') regulations. By letter dated November 2, 2023, CARB requested 
that the EPA authorize the amendments pursuant to section 209(e) of the 
CAA. This notice announces that the EPA will hold a public hearing to 
consider California's authorization requests and that the EPA is now 
accepting written comments on the requests.

DATES: 
    Comments: Written comments must be received on or before June 19, 
2024.
    Public Hearing: The EPA will hold public hearings on May 16, 2024, 
regarding each of CARB's authorization requests. See SUPPLEMENTARY 
INFORMATION for further information on the virtual public hearings, the 
specific time of day associated with each authorization request, and 
registration. Additional information regarding the virtual public 
hearing and the TRU action can be found at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru. Additional information regarding the virtual public 
hearing and the Offroad Fleets action can be found at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel.

ADDRESSES: 
    Comments: You may submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2024-0030 (for the TRU action) and by Docket ID. No. EPA-HQ-
OAR-2023-0581 (for the Offroad Fleets action) by any of the following 
methods:
     Federal eRulemaking Portal: https://www.regulations.gov 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected].
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, OAR, Docket EPA-HQ-OAR-2024-0030 (for the TRU action) or Docket 
EPA-HQ-OAR-2023-0581 (for the Offroad Fleets action), Mail Code 28221T, 
1200 Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only: 
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution 
Avenue NW, Washington, DC 20004. The Docket Center's hours of 
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except federal 
holidays).
    Instructions: All submissions received must include the Docket ID 
No. for one or both of these actions. Comments received may be posted 
without change to https://www.regulations.gov, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the process for these actions, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document. For the full EPA public comment policy, 
information about confidential business information (CBI) or multimedia 
submissions, and general guidance on making effective comments, please 
visit: http://www.epa.gov/dockets/commenting-epa-dockets.
    Public Hearing: The virtual public hearings will be held on May 16, 
2024. The hearing for the TRU authorization request will begin at 10:00 
a.m. Eastern Daylight Time and will end approximately at 1:00 p.m. or 
when all parties who wish to speak have had an opportunity to do so. 
The hearing for the Offroad Fleets authorization request will begin at 
2:00 p.m. Eastern Daylight Time and will end when all parties who wish 
to speak have had an opportunity to do so. All hearing attendees, for 
those wishing to attend either the morning hearing or afternoon hearing 
for the TRU or Offroad Fleets authorization request, respectively 
(including even those who do not intend to provide testimony), should 
register for the respective public hearing(s) by May 9, 2024. 
Information on how to register for the virtual public hearing regarding 
the TRU authorization request can be found at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru. Information on how to register for the virtual public 
hearing regarding the Offroad Fleets authorization request can be found 
at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel.

FOR FURTHER INFORMATION CONTACT: Mark Coryell, Office of Transportation 
and Air Quality, U.S. Environmental Protection Agency; Telephone 
number: (734) 214-4446; Email address: [email protected]. Jeremy 
O'Kelly, Office of Transportation and Air Quality, U.S. Environmental 
Protection Agency; Telephone number: (202) 250-8884; Email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. CARB's TRU Authorization Request

    CARB's December 29, 2022, letter to the EPA Administrator notified 
the EPA that CARB had amended its In-Use Diesel-Fueled Transport 
Refrigeration Units (TRU) and TRU Generator Sets (collectively, 
``TRU'') regulations (the TRU Amendments).\1\ The TRU Amendments, 
adopted by the Board on

[[Page 32423]]

February 24, 2022, 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 truck fleet TRUs to zero-
emission technology, and a requirement that owners of certain 
facilities are subject to registration and reporting requirements.\2\
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    \1\ Title 13, California Code of Regulations, section 2477. EPA 
granted an authorization for California's initial set of TRU 
regulations on January 16, 2009. EPA also granted a within-the-scope 
authorization for amendments to the TRU regulations, adopted in 
2010, on June 28, 2013 (78 FR 38970).
    \2\ CARB's Authorization Support Document at 4-9 (EPA Docket: 
EPA-HQ-OAR-2024-0030). A description of CARB's 2022 TRU 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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II. CARB's Offroad Fleets Authorization Request

    CARB's November 2, 2023, letter to the EPA Administrator notified 
the EPA that CARB had amended its In-Use Off-Road Diesel-Fueled Fleets 
regulations (Offroad Fleets Amendments).\3\ The Offroad Fleets 
Amendments, adopted by the Board on December 8, 2022, 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 Offroad 
Fleets 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.\4\
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    \3\ Title 13, California Code of Regulations, sections 2449, 
2449.1, and 2449.2. In 2013, EPA issued an authorization for CARB's 
initial Offroad Fleets adopted in 2007 and amended in 2009 and 2010 
(78 FR 58090 (Sept. 20, 2013)).
    \4\ CARB's Authorization Support Document at 4-10 (EPA Docket: 
EPA-HQ-OAR-2023-0581). A description of CARB's Offroad 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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III. Scope of Preemption and Criteria for an Authorization Under the 
Clean Air Act

    Section 209(e)(1) of the CAA prohibits all states and local 
governments from adopting or attempting to enforce any standard or 
other requirement relating to the control of emissions from certain 
types of new nonroad engines or nonroad vehicles, including both ``(A) 
New engines which are used in construction equipment or vehicles or 
used in farm equipment or vehicles and which are smaller than 175 
horsepower'' and ``(B) New locomotives or new engines used in 
locomotives.'' \5\ Section 209(e)(2)(A) of the CAA, 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 nonroad engines 
and vehicles otherwise not prohibited under section 209(e)(1) if 
California determines that California standards will be, in the 
aggregate, at least as protective of public health and welfare as are 
applicable Federal standards. However, the 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].\6\
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    \5\ 42 U.S.C 7543(e)(1).
    \6\ 42 U.S.C. 7543(e)(2)(A).
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    On July 20, 1994, the EPA promulgated a rule that sets forth, among 
other things, regulations providing the criteria, as found in section 
209(e)(2)(A), that the EPA must consider before granting any California 
authorization request for nonroad engine or vehicle emission 
standards.\7\ The EPA revised these regulations in 1997.\8\ The 
criteria for granting California authorization requests, as reflected 
in section 209(e)(2)(A), can be found at 40 CFR 1074.105.
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    \7\ 59 FR 36969 (July 20, 1994).
    \8\ 62 FR 67733 (December 30, 1997). The preemption regulations 
were later transcribed at 40 CFR part 1074; see 73 FR 59034 (Oct. 8, 
2008).
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    As stated in the preamble to the 1994 rule, the EPA has 
historically interpreted the section 209(e)(2)(A)(iii) ``consistency'' 
inquiry (see 40 CFR 1074.105(b)(3)) 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 the EPA 
has interpreted that subsection in the context of section 209(b) motor 
vehicle waivers).\9\
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    \9\ 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 (such as ``. . . any standard or other 
requirement relating to the control of emissions from . . . (A) New 
engines which are used in construction equipments or vehicles or used 
in farm equipment or vehicles and which are smaller than 175 
horsepower. (B) New locomotives or new engines used in locomotives.'').
    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 he 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.\10\
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    \10\ 78 FR 58090, 58092 (September 20, 2013).
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III. EPA's Request for Comments

    We request comment on whether the TRU Amendments meet the criteria 
for an EPA 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. As explained 
above, the EPA considers several provisions with regard to the 
consistency with section 209 of the Act criterion.
    We also request comment on whether the Offroad Fleets Amendments 
meet the criteria for an EPA 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. As

[[Page 32424]]

explained above, the EPA considers several provisions with regard to 
the consistency with section 209 of the Act criterion.

IV. Procedures for Public Participation

    The virtual public hearings will be held on May 16, 2024. The 
hearing for the TRU authorization request will begin at 10:00 a.m. 
Eastern Daylight Time and will end approximately at 1:00 p.m. or when 
all parties who wish to speak have had an opportunity to do so. The 
hearing for the Offroad Fleets authorization request will begin at 2:00 
p.m. Eastern Daylight Time and will end when all parties who wish to 
speak have had an opportunity to do so.
    All hearing attendees, for those wishing to attend either the 
morning or afternoon hearings for TRU or Offroad Fleets, respectively 
(including even those who do not intend to provide testimony,) should 
register for the respective public hearing(s) by May 9, 2024. 
Information on how to register for the virtual public hearing regarding 
the TRU authorization request can be found at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru. Information on how to register for the virtual public 
hearing regarding the Offroad Fleets authorization request can be found 
at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel.
    Those seeking to register should do so by May 9, 2024. If you 
require the services of a translator or special accommodations such as 
American Sign Language, please pre-register for the hearing and 
describe your needs by May 9, 2024. The EPA may not be able to arrange 
accommodations without advance notice. Please note that any updates 
made to any aspect of the TRU authorization hearing will be posted 
online at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-tru. Please also note that 
any updates to any aspect of the Offroad Fleets authorization hearing 
will be posted online at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-californias-use-road-diesel. While the EPA expects the hearings to go forward as set forth 
above, please monitor the respective hearing websites or contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
determine if there are any updates. The EPA does not intend to publish 
a document in the Federal Register announcing updates.
    Each commenter will have 3 minutes to provide oral testimony. The 
EPA may ask clarifying questions during the oral presentations but will 
not respond to the presentations at that time. The EPA recommends 
submitting the text of your oral comments as written comments to the 
docket for the respective authorization request. Written statements and 
supporting information submitted during the comment period will be 
considered with the same weight as oral comments and supporting 
information presented at the public hearing for the respective 
authorization request. The Agency will make a verbatim record of the 
proceedings at each hearing that will be placed in the respective TRU 
and Offroad Fleets dockets. The EPA will keep the record open until 
June 19, 2024, for each authorization request. After expiration of the 
comment period, the Administrator will render decisions on CARB's 
requests based on the record of the public hearing, relevant written 
submissions, and other information that he deems pertinent.

William Charmley,
Director, Assessment and Standards Division, Office of Transportation 
and Air Quality.
[FR Doc. 2024-08927 Filed 4-25-24; 8:45 am]
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