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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices Instructions: All submissions received must include the Docket ID No. for this action. Comments received may be posted without change to https
www.regulations.gov, including any personal information provided. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http www.epa.gov/dockets/
commenting-epa-dockets.
Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are closed to the public, with limited exceptions, to reduce the risk of transmitting COVID19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. We encourage the public to submit comments via https
www.regulations.gov or email, as there may be a delay in processing mail and faxes. Hand deliveries and couriers may be received by scheduled appointment only. For further information on EPA
Docket Center services and the current status, please visit us online at https
www.epa.gov/dockets. EPA continues to monitor information carefully and continuously from the Centers for Disease Control and Prevention CDC, local area health departments, and our Federal partners so that we can respond rapidly as conditions change regarding COVID19.
EPAs 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 https
www.epa.gov/state-and-localtransportation/vehicle-emissionscalifornia-waivers-and-authorizations.
FOR FURTHER INFORMATION CONTACT:
David Dickinson, Attorney-Advisor, Transportation Climate Division, Office of Transportation and Air Quality, U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue 6405A NW, Washington, DC 20460. Telephone:
202 3439256. Fax: 202 3432804.
Email: Dickinson.david@epa.gov.
SUPPLEMENTARY INFORMATION:

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I. Californias LSI Regulations
1 Title 13, California Code of Regulations, sections 24302439.

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2 71

FR 29623 May 15, 2006.
granted an authorization for these regulations at 77 FR 20388 April 4, 2012.
4 EPA granted a full authorization for the 2008
amendments and a within-the-scope confirmation for the 2010 amendments at 80 FR. 76468 Dec. 9, 2015.
5 See CARB Resolution 0610 at EPAHQOAR
20210327.
6 See Executive Order R17002 at EPAHQ
OAR20210327.
7 See EPAHQOAR20210327.
3 EPA

CARB promulgated its first LSI
regulations, applicable to new LSI
engines, in 1999 and they remained unchanged until the 2008 amendments.1
EPA authorized the LSI regulations, on
VerDate Sep<11>2014

May 15, 2006.2 CARB adopted its initial off-road LSI fleet operator regulations on May 25, 2006 Fleet Operator Regulations.3 The Fleet Operator Regulations are designed to address the hydrocarbon HC and nitrogen oxide NOX emissions from existing LSI
engines operating in California and require fleets to meet certain fleet average emission level FAEL
standards.
CARB adopted its 2008 LSI
amendments on November 21, 2008.
The 2008 LSI amendments created two new engine categories below one-liter displacement, with new more stringent exhaust and evaporative emission standards applicable to new engines.
These amendments also provided clarification as to when CARBs off-road sport or utility regulations apply to certain LSI engines. CARB adopted its 2010 LSI amendments on December 17, 2010. These amendments were designed to provide compliance flexibility which will allow operators to reduce their compliance costs while retaining the emission benefits associated with the original regulations.4
At its July 21, 2016 public hearing, the Board approved for adoption the 2016 LSI Fleet Amendments.5 CARBs Executive Officer formally adopted the 2016 LSI Fleet Amendments on May 5
2017, and became operative under state law by the approval of Californias Office of Administrative Law on June 20, 2017.6 By letter dated March 15, 2021, CARB submitted a request to EPA
for an authorization to enforce the 2016
LSI Fleet Amendments and CARB asks that EPA consider its amendments as accompanying enforcement procedures for standards that have already been authorized by EPA in a prior decision as noted above.7 The 2016 LSI Fleet Amendments include reporting requirements e.g., initial and annual reports, equipment transfer and sales reports, and an extension of existing reporting requirements for fleet operators subject to fleet average emission limits. The 2016 LSI Fleet Amendments also include new labeling requirements wherein, based on operator provided information, CARB
will issue the operators a unique EIN for
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each item of equipment reported and become the basis of a manufacturers equipment labels with a number of associated requirements.
II. Clean Air Act Nonroad Engine and Vehicle Authorizations Section 209e1 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 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 non-new nonroad engines or vehicles.8 Section 209e2, 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 vehicles or engines not preempted by section 209e1 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. In addition, other states with air quality attainment plans may adopt and enforce such regulations if the standards, and implementation and enforcement procedures, are identical to Californias standards.
On July 20, 1994, EPA promulgated a rule that sets forth, among other things, regulations providing the criteria, as found in section 209e2, which EPA
must consider before granting any California authorization request for new nonroad engine or vehicle emission standards.9 EPA revised these regulations in 1997.10 As stated in the 8 See
40 CFR 1074.10.
FR 36969 July 20, 1994.
10 62 FR 67733 December 30, 1997. The applicable regulations, now in 40 CFR part 1074, subpart B, 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 Californias determination is arbitrary and capricious.
2 California does not need such standards to meet compelling and extraordinary conditions.
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