California State Motor Vehicle Pollution Control Standards; Within the Scope Requests; Opportunity for Public Hearing and Comment, 70073-70075 [05-22996]
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Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Notices
pulmonary disease, and methyl
chloroform for use in manufacturing
solid rocket motors.
The timing of this process is typically
such that in any given year the Parties
review nominations for essential use
exemptions from the production and
consumption phaseout intended for the
following year and subsequent years.
This means that, if nominated,
applications submitted in response to
today’s notice for an exemption in 2007
and 2008 may be considered by the
Parties in 2006 for final action. The
quantities of controlled ODSs that are
requested in response to this notice, if
approved by the Parties to the Montreal
Protocol, will then be allocated as
essential use allowances (EUAs) to the
specific U.S. companies through notice
and comment rulemaking, to the extent
that such allocations are consistent with
the CAA.
II. Information Required for Essential
Use Applications for Production or
Importation of Class I Substances in
2007 and 2008
Through this action, EPA requests
applications for essential use
exemptions for all class I substances,
except methyl bromide, for calendar
years 2007 and 2008. This notice is the
last opportunity to submit new or
revised applications for 2007. This
notice is also the first opportunity to
submit requests for 2008. Companies
will have an opportunity to submit new,
supplemental, or amended applications
for 2008 next year. All requests for
exemptions submitted to EPA must
present information as prescribed in the
current version of the TEAP ‘‘Handbook
on Essential Use Nominations’’ (or
‘‘handbook’’), which was published in
June 2001. The handbook is available
electronically on the Web at https://
www.teap.org or at https://www.epa.gov/
ozone.
In brief, the TEAP Handbook states
that applicants must present
information on:
• Role of use in society;
• Alternatives to use;
• Steps to minimize use;
• Steps to minimize emissions;
• Recycling and stockpiling;
• Quantity of controlled substances
requested; and
• Approval date and indications (for
MDIs).
First, in order to obtain complete
information from essential use
applicants for CFC MDIs, EPA requires
that entities (such as the International
Pharmaceutical Aerosol Consortium)
who request CFCs for multiple
pharmaceutical companies make clear
the amount of CFCs requested for each
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Jkt 208001
member company. Second, all essential
use applications for CFCs must provide
a breakdown of the quantity of CFCs
necessary for each MDI product to be
produced. This detailed breakdown of
EUAs will allow EPA and the Food and
Drug Administration to make informed
decisions on the amount of CFC to be
nominated by the U.S. Government for
the years 2007 and 2008. Third, all new
drug application (NDA) holders for CFC
MDI products produced in the United
States must submit a complete
application for essential use allowances
either on their own or in conjunction
with their contract filler. In the case
where a contract filler produces a
portion of an NDA holder’s CFC MDIs,
the contract filler and the NDA holder
must determine the total amount of
CFCs necessary to produce the NDA
holder’s entire product line of CFC
MDIs. The NDA holder must provide an
estimate of how the CFCs would be split
between the contract filler and the NDA
holder in the allocation year. This
estimate will be used only as a basis for
determining the nomination amount,
and may be adjusted prior to allocation
of EUAs. Since the U.S. Government
does not forward incomplete or
inadequate nominations to the Ozone
Secretariat, it is important for applicants
to provide all information requested in
the Handbook, including the
information specified in the
supplemental research and development
form (page 45).
The accounting framework matrix in
the handbook entitled ‘‘Table IV:
Reporting Accounting Framework for
Essential Uses Other Than Laboratory
and Analytical’’ requests data for the
year 2005 on the amount of ODS
exempted for an essential use, the
amount acquired by production, the
amount acquired by import, the amount
on hand at the start of the year, the
amount available for use in 2005, the
amount used for the essential use, the
quantity contained in exported
products, the amount destroyed, and the
amount on hand at the end of 2005.
Because all data necessary for
applicants to complete Table IV will not
be available until after January 1, 2006,
companies should not include this chart
with their EUA applications in response
to this action. Instead, companies
should provide the required data as
specified in 40 CFR 82.13(u)(2). EPA
will compile companies’ responses to
complete the U.S. CFC Accounting
Framework for submission to the Parties
to the Montreal Protocol by the end of
January.
EPA anticipates that the Parties’
review of MDI essential use requests
will focus extensively on the United
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70073
States’ progress in developing
alternatives to CFC MDIs, including
education programs to inform patients
and health care providers of the CFC
phaseout and the transition to
alternatives, particularly in the case of
albuterol MDIs where a phaseout date
has been set by the FDA. Accordingly,
applicants are strongly advised to
present detailed information on these
points, including the scope and cost of
such efforts and the medical and patient
organizations involved in the work.
Applicants should submit their
exemption requests to EPA as noted in
the ADDRESSES section at the beginning
of today’s document.
Dated: November 14, 2005.
Edward Callahan,
Acting Director, Office of Air and Radiation.
[FR Doc. 05–22890 Filed 11–18–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[AMS–FRL–7998–9]
California State Motor Vehicle
Pollution Control Standards; Within
the Scope Requests; Opportunity for
Public Hearing and Comment
Environmental Protection
Agency, (EPA).
ACTION: Notice of opportunity for public
hearing and public comment.
AGENCY:
SUMMARY: The California Air Resources
Board (CARB) has notified EPA that it
has approved amendments to its onhighway motorcycle and motorcycle
engine for 2004 and subsequent model
years. CARB requests that EPA confirm
CARB’s findings that its amendments
are within-the-scope of previous
waivers issued by EPA under section
209(b) of the Clean Air Act (Act), 42
U.S.C. 7543(b).
DATES: EPA has tentatively scheduled a
public hearing for December 27, 2005,
2005 beginning at 10 a.m. EPA will hold
a hearing only if a party notifies EPA by
December 12, 2005, expressing its
interest in presenting oral testimony
regarding CARB’s requests or other
issues noted in this notice. By December
16, 2005, any person who plans to
attend the hearing should call David
Dickinson of EPA’s Compliance and
Innovative Strategies Division at (202)
343–9256 to learn if a hearing will be
held. Any party may submit written
comments by January 30, 2006.
ADDRESSES: EPA will make available for
public inspection at the Air and
Radiation Docket written comments
received from interested parties, in
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Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Notices
addition to any testimony given at the
public hearing. The official public
docket is the collection of materials that
is available for public viewing at the Air
and Radiation Docket in the EPA Docket
Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket
Center Public Reading Room is open
from 8:30 to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the Air and
Radiation Docket is (202) 566–1743. The
reference number for this docket is
OAR–2004–0486. Parties wishing to
present oral testimony at the public
hearing(s) should provide written notice
to David Dickinson at the address noted
below; parties should also submit any
written comments to David Dickinson. If
EPA receives a request for a public
hearing, EPA will hold the public
hearing at 1310 L St, NW., Washington,
DC 20005.
For Obtaining and Submitting
Electronic Copies of Documents, or For
Further Information: David Dickinson,
Compliance and Innovative Strategies
Division (6405J), U.S. Environmental
Protection Agency, 1200 Pennsylvania
Ave, NW., Washington, DC 20460.
Telephone: (202) 343–9256, Fax: (202)
343–2804, e-mail address:
Dickinson.David@EPA.GOV. EPA will
make available an electronic copy of
this Notice on the Office of
Transportation and Air Quality’s
(OTAQ’s) homepage (https://
www.epa.gov/otaq/). Users can find this
document by accessing the OTAQ
homepage and looking at the path
entitled ‘‘Regulations.’’ This service is
free of charge, except any cost you
already incur for Internet connectivity.
Users can also get the official Federal
Register version of the Notice on the
day of publication on the primary
website: (https://www.epa.gov/docs/
fedrgstr/EPA–AIR/).
Please note that due to differences
between the software used to develop
the documents and the software into
which the documents may be
downloaded, changes in format, page
length, etc., may occur. Parties wishing
to present oral testimony at the public
hearing should provide written notice to
David Dickinson at: U.S. Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., (6405J), Washington, DC
20460. Telephone: (202) 343–9256.
Docket: An electronic version of the
public docket is available through EPA’s
electronic public docket and comment
system. You may use EPA dockets at
https://www.epa.gov/edocket/ to submit
or view the public comments, access the
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index listing of the contents of the
official public docket, and to access
those documents in the public docket
that are available electronically.
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. Once in the
edocket system, select ‘‘search,’’ then
key in the appropriate docket ID
number.
SUPPLEMENTARY INFORMATION:
I. Background
Section 209(a) of the Clean Air Act, as
amended (‘‘Act’’), 42 U.S.C. 7543(a),
provides:
No State or any political subdivision
thereof shall adopt or attempt to enforce any
standard relating to the control of emissions
from new motor vehicles or new motor
vehicle engines subject to this part. No state
shall require certification, inspection or any
other approval relating to the control of
emissions from any new motor vehicle or
new motor vehicle engine as condition
precedent to the initial retail sale, titling (if
any), or registration of such motor vehicle,
motor vehicle engine, or equipment.
Section 209(b)(1) of the Act requires
the Administrator, after notice and
opportunity for public hearing, to waive
application of the prohibitions of
section 209(a) for any state that has
adopted standards (other than crankcase
emission standards) for the control of
emissions from new motor vehicles or
new motor vehicle engines prior to
March 30, 1966, if the state determines
that the state standards will be, in the
aggregate, at least as protective of public
health and welfare as applicable federal
standards. The Administrator must
grant a waiver unless he finds that (A)
the determination of the state is
arbitrary and capricious, (B) the state
does not need the state standards to
meet compelling and extraordinary
conditions, or (C) the state standards
and accompanying enforcement
procedures are not consistent with
section 202(a) of the Act.
CARB submitted a June 18, 2003,
letter to the Administrator notifying
EPA that it had adopted amendments,
on October 22, 1999, to its on-highway
motorcycle regulations and requesting
that EPA confirm that its amendments
are within the scope of previously
granted waivers of federal preemption.
The new amendments provide, among
other requirements:
(1) A combined level of hydrocarbon
(HC) and oxides of nitrogen (NOX)
emissions as HC + NOX for 2004 and
subsequent model years (in comparison
to the preexisting on-highway Class III
motorcycle HC-only standard);
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(2) Two tiers of standard (Tier-1 and
-2), with a Tier-1 standard of 1.4 g/km
for HC + NOX for model years 2004
through 2007 and a Tier-2 standard of
0.08 for HC + NOX for model year 2008
and beyond;
(3) Retention of corporate averaging
for Class III engine families but an
addition of a not-to-exceed cap limit for
each emission level from each engine
family; and
(4) A new definition of ‘‘small volume
manufacturer’’ that applies in model
year 2008 and beyond and clarification
of the definition for ‘‘motorcycle
engine.’’
CARB asserts, and requests that the
Administrator confirm, that its onhighway motorcycle amendments fall
within the scope of EPA’s previously
granted waivers, and thereby may be
deemed to meet the requirements of
section 209(b) of the Act set forth above.
EPA has decided in the past that
when California’s amendments: (1) Do
not undermine the previous
determination that California’s
standards, in the aggregate, are at least
as protective of public health and
welfare as comparable Federal
standards; (2) do not affect the
consistency of California’s requirements
with section 202(a) of the Act; and (3)
raise no new issues affecting EPA’s
previous waiver determinations, then
EPA’s concurrence that the amendments
are within the scope of a previous
waiver determination is merited.
When EPA receives new waiver
requests from CARB, EPA publishes a
notice of opportunity for public hearing
and comment and then publishes a
decision in the Federal Register
following the public comment period. In
contrast, when EPA receives within the
scope waiver requests from CARB, EPA
traditionally publishes a decision in the
Federal Register and concurrently
invites public comment if an interested
party is opposed to EPA’s decision.
Because of the many new elements of
CARB’s on-highway motorcycle rule,
EPA invites comment on the following
issues before making a determination for
CARB’s within the scope request: (1)
Should EPA consider CARB’s requests
as within the scope of a previous waiver
request or should they be considered
and examined as new waiver requests?
(2) If EPA were to consider CARB’s
request as a within the scope request
then do California’s amendments (a)
undermine California’s previous
determinations that its standards, in the
aggregate, are at least as protective of
public health and welfare as comparable
Federal standards, (b) affect the
consistency of California’s requirements
with section 202(a) of the Act, and (c)
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Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Notices
raise new issues affecting EPA’s
previous waiver determinations? (3) If
EPA were to consider CARB’s requests
as a new waiver request, then provide
comment on (a) whether California’s
determination that its standards are at
least as protective of public health and
welfare as applicable federal standards
is arbitrary and capricious, (b) whether
California needs separate standards to
meet compelling and extraordinary
conditions, and (c) whether California’s
standards and accompanying
enforcement procedures are consistent
with section 202(a) of the Act.
II. Procedures for Public Participation
If a public hearing is held, any party
desiring to make an oral statement on
the record should file ten (10) copies of
its proposed testimony and other
relevant material with David Dickinson
at the address listed above no later than
December 23, 2005. In addition, the
party should submit 25 copies, if
feasible, of the planned statement to the
presiding officer at the time of the
hearing.
In recognition that a public hearing is
designed to give interested parties an
opportunity to participate in this
proceeding, there are no adverse parties
as such. Statements by participants will
not be subject to cross-examination by
other participants without special
approval by the presiding officer. The
presiding officer is authorized to strike
from the record statements that he or
she deems irrelevant or repetitious and
to impose reasonable time limits on the
duration of the statement of any
participant.
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 January 25, 2006.
Upon expiration of the comment period,
the Administrator will render a decision
on CARB’s request based on the record
of the public hearing, if any, relevant
written submissions, and other
information that he deems pertinent.
Persons with comments containing
proprietary information must
distinguish such information from other
comments to the greatest possible extent
and label it as ‘‘Confidential Business
Information’’ (CBI). If a person making
comments wants EPA to base its
decision in part on a submission labeled
CBI, then a nonconfidential version of
the document that summarizes the key
data or information should be submitted
for the public docket. To ensure that
proprietary information is not
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inadvertently placed in the 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 by 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 3, 2005.
Elizabeth Craig,
Acting Assistant Administrator, for Air and
Radiation.
[FR Doc. 05–22996 Filed 11–18–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[AMS–FRL–7994–9]
California State Nonroad Engine and
Vehicle Pollution Control Standards;
Opportunity for Public Hearing and
Request for Public Comment
Environmental Protection
Agency (EPA).
ACTION: Notice of opportunity for public
hearing and comment.
AGENCY:
The California Air Resources
Board (CARB) has notified EPA that it
has adopted an Airborne Toxic Control
Measure (ATCM) establishing in-use
performance standards for transport
refrigeration units (TRU) and TRU
generator sets that will be phased-in
commencing on December 31, 2008. By
letter dated March 28, 2005, CARB
requested that EPA grant California
authorization for such standards under
section 209(e)(2) of the Clean Air Act
(CAA), 42 U.S.C. 7543(b) (EPA
frequently calls such authorizations
‘‘waivers of preemption’’). This notice
announces that EPA has tentatively
scheduled a public hearing concerning
California’s request and that EPA is
accepting written comment on the
request.
DATES: EPA has tentatively scheduled a
public hearing concerning CARB’s
request on January 3, 2006 beginning at
10 a.m. EPA will hold a hearing only if
a party notifies EPA by December 16,
2005, expressing its interest in
presenting oral testimony. By December
21, 2005, any person who plans to
attend the hearing should call Robert M.
Doyle at (202) 343–9258 to learn if a
hearing will be held. If EPA does not
receive a request for a public hearing,
SUMMARY:
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70075
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 by February 6, 2006.
EPA will make available for
public inspection at the Air and
Radiation Docket and Information
Center written comments received from
interested parties, in addition to any
testimony given at the public hearing.
The official public docket is the
collection of materials that is available
for public viewing at the Air and
Radiation Docket in the EPA Docket
Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket
Center Public Reading Room is open
from 8:30 to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the Air and
Radiation Docket is (202) 566–1743. The
reference number for this docket is
OAR–2005–0123. Parties wishing to
present oral testimony at the public
hearing should provide written notice to
Robert M. Doyle at the address noted
below. If EPA receives a request for a
public hearing, EPA will hold the public
hearing at 1310 L St., NW., Washington,
DC 20005.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Robert M. Doyle, Compliance and
Innovative Strategies Division (6405J),
U.S. Environmental Protection Agency,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Telephone:
(202) 343–9258, Fax: (202) 343–2804, email address: Doyle.Robert@EPA.GOV.
EPA will make available an electronic
copy of this Notice on the Office of
Transportation and Air Quality’s
(OTAQ’s) homepage (https://
www.epa.gov/otaq/). Users can find this
document by accessing the OTAQ
homepage and looking at the path
entitled ‘‘Regulations.’’ This service is
free of charge, except any cost you
already incur for Internet connectivity.
Users can also get the official Federal
Register version of the Notice on the
day of publication on the primary Web
site: (https://www.epa.gov/docs/fedrgstr/
EPA-AIR/).
Please note that due to differences
between the software used to develop
the documents and the software into
which the documents may be
downloaded, changes in format, page
length, etc., may occur. Parties wishing
to present oral testimony at the public
hearing should provide written notice to
Robert M. Doyle at: U.S. Environmental
Protection Agency, 1200 Pennsylvania
E:\FR\FM\21NON1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 223 (Monday, November 21, 2005)]
[Notices]
[Pages 70073-70075]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22996]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[AMS-FRL-7998-9]
California State Motor Vehicle Pollution Control Standards;
Within the Scope Requests; Opportunity for Public Hearing and Comment
AGENCY: Environmental Protection Agency, (EPA).
ACTION: Notice of opportunity for public hearing and public comment.
-----------------------------------------------------------------------
SUMMARY: The California Air Resources Board (CARB) has notified EPA
that it has approved amendments to its on-highway motorcycle and
motorcycle engine for 2004 and subsequent model years. CARB requests
that EPA confirm CARB's findings that its amendments are within-the-
scope of previous waivers issued by EPA under section 209(b) of the
Clean Air Act (Act), 42 U.S.C. 7543(b).
DATES: EPA has tentatively scheduled a public hearing for December 27,
2005, 2005 beginning at 10 a.m. EPA will hold a hearing only if a party
notifies EPA by December 12, 2005, expressing its interest in
presenting oral testimony regarding CARB's requests or other issues
noted in this notice. By December 16, 2005, any person who plans to
attend the hearing should call David Dickinson of EPA's Compliance and
Innovative Strategies Division at (202) 343-9256 to learn if a hearing
will be held. Any party may submit written comments by January 30,
2006.
ADDRESSES: EPA will make available for public inspection at the Air and
Radiation Docket written comments received from interested parties, in
[[Page 70074]]
addition to any testimony given at the public hearing. The official
public docket is the collection of materials that is available for
public viewing at the Air and Radiation Docket in the EPA Docket
Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the Air and Radiation Docket is (202) 566-1743.
The reference number for this docket is OAR-2004-0486. Parties wishing
to present oral testimony at the public hearing(s) should provide
written notice to David Dickinson at the address noted below; parties
should also submit any written comments to David Dickinson. If EPA
receives a request for a public hearing, EPA will hold the public
hearing at 1310 L St, NW., Washington, DC 20005.
For Obtaining and Submitting Electronic Copies of Documents, or For
Further Information: David Dickinson, Compliance and Innovative
Strategies Division (6405J), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave, NW., Washington, DC 20460. Telephone: (202) 343-9256,
Fax: (202) 343-2804, e-mail address: Dickinson.David@EPA.GOV. EPA will
make available an electronic copy of this Notice on the Office of
Transportation and Air Quality's (OTAQ's) homepage (https://www.epa.gov/
otaq/). Users can find this document by accessing the OTAQ homepage and
looking at the path entitled ``Regulations.'' This service is free of
charge, except any cost you already incur for Internet connectivity.
Users can also get the official Federal Register version of the Notice
on the day of publication on the primary website: (https://www.epa.gov/
docs/fedrgstr/EPA-AIR/).
Please note that due to differences between the software used to
develop the documents and the software into which the documents may be
downloaded, changes in format, page length, etc., may occur. Parties
wishing to present oral testimony at the public hearing should provide
written notice to David Dickinson at: U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., (6405J), Washington, DC 20460.
Telephone: (202) 343-9256.
Docket: An electronic version of the public docket is available
through EPA's electronic public docket and comment system. You may use
EPA dockets at https://www.epa.gov/edocket/ to submit or view the public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. 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.
Once in the edocket system, select ``search,'' then key in the
appropriate docket ID number.
SUPPLEMENTARY INFORMATION:
I. Background
Section 209(a) of the Clean Air Act, as amended (``Act''), 42
U.S.C. 7543(a), provides:
No State or any political subdivision thereof shall adopt or
attempt to enforce any standard relating to the control of emissions
from new motor vehicles or new motor vehicle engines subject to this
part. No state shall require certification, inspection or any other
approval relating to the control of emissions from any new motor
vehicle or new motor vehicle engine as condition precedent to the
initial retail sale, titling (if any), or registration of such motor
vehicle, motor vehicle engine, or equipment.
Section 209(b)(1) of the Act requires the Administrator, after
notice and opportunity for public hearing, to waive application of the
prohibitions of section 209(a) for any state that has adopted standards
(other than crankcase emission standards) for the control of emissions
from new motor vehicles or new motor vehicle engines prior to March 30,
1966, if the state determines that the state standards will be, in the
aggregate, at least as protective of public health and welfare as
applicable federal standards. The Administrator must grant a waiver
unless he finds that (A) the determination of the state is arbitrary
and capricious, (B) the state does not need the state standards to meet
compelling and extraordinary conditions, or (C) the state standards and
accompanying enforcement procedures are not consistent with section
202(a) of the Act.
CARB submitted a June 18, 2003, letter to the Administrator
notifying EPA that it had adopted amendments, on October 22, 1999, to
its on-highway motorcycle regulations and requesting that EPA confirm
that its amendments are within the scope of previously granted waivers
of federal preemption. The new amendments provide, among other
requirements:
(1) A combined level of hydrocarbon (HC) and oxides of nitrogen
(NOX) emissions as HC + NOX for 2004 and
subsequent model years (in comparison to the preexisting on-highway
Class III motorcycle HC-only standard);
(2) Two tiers of standard (Tier-1 and -2), with a Tier-1 standard
of 1.4 g/km for HC + NOX for model years 2004 through 2007
and a Tier-2 standard of 0.08 for HC + NOX for model year
2008 and beyond;
(3) Retention of corporate averaging for Class III engine families
but an addition of a not-to-exceed cap limit for each emission level
from each engine family; and
(4) A new definition of ``small volume manufacturer'' that applies
in model year 2008 and beyond and clarification of the definition for
``motorcycle engine.''
CARB asserts, and requests that the Administrator confirm, that its
on-highway motorcycle amendments fall within the scope of EPA's
previously granted waivers, and thereby may be deemed to meet the
requirements of section 209(b) of the Act set forth above.
EPA has decided in the past that when California's amendments: (1)
Do not undermine the previous determination that California's
standards, in the aggregate, are at least as protective of public
health and welfare as comparable Federal standards; (2) do not affect
the consistency of California's requirements with section 202(a) of the
Act; and (3) raise no new issues affecting EPA's previous waiver
determinations, then EPA's concurrence that the amendments are within
the scope of a previous waiver determination is merited.
When EPA receives new waiver requests from CARB, EPA publishes a
notice of opportunity for public hearing and comment and then publishes
a decision in the Federal Register following the public comment period.
In contrast, when EPA receives within the scope waiver requests from
CARB, EPA traditionally publishes a decision in the Federal Register
and concurrently invites public comment if an interested party is
opposed to EPA's decision.
Because of the many new elements of CARB's on-highway motorcycle
rule, EPA invites comment on the following issues before making a
determination for CARB's within the scope request: (1) Should EPA
consider CARB's requests as within the scope of a previous waiver
request or should they be considered and examined as new waiver
requests? (2) If EPA were to consider CARB's request as a within the
scope request then do California's amendments (a) undermine
California's previous determinations that its standards, in the
aggregate, are at least as protective of public health and welfare as
comparable Federal standards, (b) affect the consistency of
California's requirements with section 202(a) of the Act, and (c)
[[Page 70075]]
raise new issues affecting EPA's previous waiver determinations? (3) If
EPA were to consider CARB's requests as a new waiver request, then
provide comment on (a) whether California's determination that its
standards are at least as protective of public health and welfare as
applicable federal standards is arbitrary and capricious, (b) whether
California needs separate standards to meet compelling and
extraordinary conditions, and (c) whether California's standards and
accompanying enforcement procedures are consistent with section 202(a)
of the Act.
II. Procedures for Public Participation
If a public hearing is held, any party desiring to make an oral
statement on the record should file ten (10) copies of its proposed
testimony and other relevant material with David Dickinson at the
address listed above no later than December 23, 2005. In addition, the
party should submit 25 copies, if feasible, of the planned statement to
the presiding officer at the time of the hearing.
In recognition that a public hearing is designed to give interested
parties an opportunity to participate in this proceeding, there are no
adverse parties as such. Statements by participants will not be subject
to cross-examination by other participants without special approval by
the presiding officer. The presiding officer is authorized to strike
from the record statements that he or she deems irrelevant or
repetitious and to impose reasonable time limits on the duration of the
statement of any participant.
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 January 25, 2006. Upon expiration of the comment
period, the Administrator will render a decision on CARB's request
based on the record of the public hearing, if any, relevant written
submissions, and other information that he deems pertinent.
Persons with comments containing proprietary information must
distinguish such information from other comments to the greatest
possible extent and label it as ``Confidential Business Information''
(CBI). If a person making comments wants EPA to base its decision in
part on a submission labeled CBI, then a nonconfidential version of the
document that summarizes the key data or information should be
submitted for the public docket. To ensure that proprietary information
is not inadvertently placed in the 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
by 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 3, 2005.
Elizabeth Craig,
Acting Assistant Administrator, for Air and Radiation.
[FR Doc. 05-22996 Filed 11-18-05; 8:45 am]
BILLING CODE 6560-50-P
