California State Motor Vehicle Pollution Control Standards; Waivers of Federal Preemption; Notice of Decision, 335-336 [E5-8263]
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Federal Register / Vol. 71, No. 2 / Wednesday, January 4, 2006 / Notices
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FURTHER INFORMATION CONTACT.
Dated: December 20, 2005.
William Lamson,
Acting Director, Emissions Monitoring and
Analysis Division.
[FR Doc. E5–8269 Filed 1–3–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[AMS–FRL–8018–3]
California State Motor Vehicle
Pollution Control Standards; Waivers
of Federal Preemption; Notice of
Decision
Environmental Protection
Agency (EPA).
ACTION: Notice regarding waiver of
federal preemption.
wwhite on PROD1PC61 with NOTICES
AGENCY:
SUMMARY: EPA today, pursuant to
section 209(b) of the Clean Air Act
(Act), 42 U.S.C. 7543(b), is granting
California its request for a waiver of
Federal preemption for its Engine
Manufacturers Diagnostics regulations
for 2007 and subsequent model year
heavy-duty vehicle engines (2007 EMD
standards). By letter dated March 7,
2005, the California Air Resources
Board (CARB) requested that EPA grant
California a waiver of federal
preemption for its 2007 EMD standards,
which require the functional monitoring
of major emission control components/
systems.
ADDRESSES: The Agency’s Decision
Document, containing an explanation of
the Assistant Administrator’s decision,
as well as all documents relied upon in
making that decision, including those
submitted to EPA by CARB, are
available at the EPA’s Air and Radiation
Docket and Information Center (Air
Docket). Materials relevant to this
decision are contained in Docket No.
OAR–2005–100. The docket is located at
The Air Docket, room B–108, 1301
Constitution Avenue, NW., Washington,
VerDate Aug<31>2005
17:18 Jan 03, 2006
Jkt 208001
DC 20460, and may be viewed between
8 a.m. and 5:30 p.m., Monday through
Friday. The telephone number is (202)
566–1742. A reasonable fee may be
charged by EPA for copying docket
material. Additionally, 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 view 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
electronic docket system, select
‘‘search,’’ then key in the appropriate
docket ID number for Docket OAR–
2005–100.
Electronic copies of this Notice and
the accompanying Decision Document
are available via the Internet on the
Office of Transportation and Air Quality
(OTAQ) Web site https://www.epa.gov/
OTAQ. Users can find these documents
by accessing the OTAQ Web site and
looking at the path entitled,
‘‘Regulations.’’ This service is free of
charge, except for any cost you already
incur for Internet connectivity. The
electronic Federal Register version of
the Notice is made available on the day
of publication on the primary Web site
https://www.epa.gov/docs/fedrgstr/EPAAIR.
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.
FOR FURTHER INFORMATION CONTACT:
David J. Dickinson, Compliance and
Innovative Strategies Division, U.S.
Environmental Protection Agency, Ariel
Rios Building (6405J), 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. Telephone:
(202) 343–9256. E-Mail Address:
Dickinson.David@EPA.GOV.
I have
decided to grant California a waiver of
Federal preemption pursuant to section
209(b) of the Act for the 2007 EMD
regulations.1
SUPPLEMENTARY INFORMATION:
1 The CARB Board approved the 2007 EMD
standards by Resolution 04–16 on May 20, 2004
(See Attachment 3 to CARB’s March 7, 2005,
Waiver Request Letter). The regulations covered by
today’s waiver include title 13, California Code of
Regulations (CCR), section 1971. For further
discussion of the regulations covered by today’s
decision please see the Decision Document.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
335
Section 209(b) of the Act provides
that, if certain criteria are met, the
Administrator shall waive federal
preemption for California to enforce
new motor vehicle emission standards
and accompanying enforcement
procedures. The criteria include
consideration of whether California
arbitrarily and capriciously determined
that its standards are, in the aggregate,
at least as protective of public health
and welfare as the applicable Federal
standards; whether California needs
State standards to meet compelling and
extraordinary conditions; and whether
California’s amendments are consistent
with section 202(a) of the Act.
As further explained in the Decision
Document supporting today’s decision,
EPA did not receive any comment
suggesting that CARB’s request should
be denied based on the criteria set forth
in section 209(b) of the Act.2
CARB determined that its 2007 EMD
standards do not cause California’s
standards, in the aggregate, to be less
protective of public health and welfare
than the applicable Federal standards.
No information has been submitted to
demonstrate that California’s standards,
in the aggregate, are less protective of
public health and welfare than the
applicable Federal standards. Thus, EPA
cannot make a finding that CARB’s
determination, that its 2007 EMD
standards are, in the aggregate, at least
as protective of public health and
welfare, is arbitrary and capricious.
CARB has continually demonstrated
the existence of compelling and
extraordinary conditions justifying the
need for its own motor vehicle pollution
control program, which includes the
subject 2007 EMD standards. No
information has been submitted to
demonstrate that California no longer
has a compelling and extraordinary
need for its own program. Therefore, I
agree that California continues to have
compelling and extraordinary
conditions which require its own
program, and, thus, I cannot deny the
waiver on the basis of the lack of
compelling and extraordinary
conditions.
CARB has submitted information that
the requirements of its 2007 EMD
standards are technologically feasible
and present no inconsistency with
federal requirements and are, therefore,
consistent with section 202(a) of the
Act. No information has been presented
to demonstrate that CARB’s
requirements are inconsistent with
section 202(a) of the Act, nor does EPA
have any other reason to believe that
2 EPA published a notice for hearing and
comment on July 18, 2005 (70 FR 41218).
E:\FR\FM\04JAN1.SGM
04JAN1
336
Federal Register / Vol. 71, No. 2 / Wednesday, January 4, 2006 / Notices
CARB’s requirements are inconsistent
with section 202(a). Thus, I cannot find
that California’s 2007 California EMD
standards are inconsistent with section
202(a) of the Act. Accordingly, I hereby
grant the waiver requested by California.
This decision will affect not only
persons in California but also the
manufacturers outside the State who
must comply with California’s
requirements in order to produce motor
vehicles for sale in California. For this
reason, I hereby determine and find that
this is a final action of national
applicability.
Under section 307(b)(1) of the Act,
judicial review of this final action may
be sought only in the United States
Court of Appeal for the District of
Columbia Circuit. Petitions for review
must be filed by March 6, 2006. Under
section 307(b)(2) of the Act, judicial
review of this final action may not be
obtained in subsequent enforcement
proceedings.
As with past waiver decisions, this
action is not a rule as defined by
Executive Order 12866. Therefore, it is
exempt from review by the Office of
Management and Budget as required for
rules and regulations by Executive
Order 12866.
In addition, this action is not a rule
as defined in the Regulatory Flexibility
Act, 5 U.S.C. sec. 601(2). Therefore, EPA
has not prepared a supporting
regulatory flexibility analysis addressing
the impact of this action on small
business entities.
Finally, the Administrator has
delegated the authority to make
determinations regarding waivers of
Federal preemption under section
209(b) of the Act to the Assistant
Administrator for Air and Radiation.
up to $615,000 to address critical pest
management needs of U.S. minor and
specialty crop growers. The Agency
anticipates funding up to five projects.
The project period of performance is 3
years, with the possibility of extension.
Proposed projects should address minor
and specialty crop producers’ critical
pest management needs and
demonstrate the importance and
relevancy of the project to
implementation of the Food Quality
Protection Act (FQPA). This request for
proposal was developed in response to
recommendations made by the
Committee to Advise on Reassessment
and Transition (CARAT), a joint EPA
and U.S. Department of Agriculturesponsored federal advisory committee
established to advise on the
implementation of the FQPA, that the
Agency facilitate the transition to
reduced-risk pest management
approaches for minor and specialty
crops. You may access the full text of
the grant announcement at https://
www.epa.gov/pesticides/grants/
index.htm.
Proposals must be postmarked
on or before February 21, 2006.
FOR FURTHER INFORMATION CONTACT: Pat
Cimino, Office of Pesticide Programs
(7501C), Minor Crop Advisor,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9357; e-mail:
cimino.patricia@epa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
[OPP–2005–0268; FRL–7725–3]
This action is directed to the 50 states,
District of Columbia, U.S. territories or
possessions, federally recognized Indian
tribal governments and Native American
Organizations, public and private
universities and colleges, hospitals,
laboratories, other public or private
nonprofit institutions, and individuals.
If you have any questions regarding
the applicability of this action to a
particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
Minor and Specialty Crops Integrated
Pest Management (IPM) Special
Projects; Request for Proposals
B. How Can I Get Additional
Information, Including Copies of this
Document and Other Related
Documents?
Dated: December 22, 2005.
William L. Wehrum,
Acting Assistant Administrator, Office of Air
and Radiation.
[FR Doc. E5–8263 Filed 1–3–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Notice.
wwhite on PROD1PC61 with NOTICES
AGENCY:
SUMMARY: EPA’s Office of Prevention,
Pesticides and Toxic Substances
(OPPTS) announces the availability of
VerDate Aug<31>2005
17:18 Jan 03, 2006
Jkt 208001
1. Docket. EPA has established an
official public docket for this action
under docket identification (ID) number
OPP–2005–0268. The official public
docket is the collection of materials that
is available for public viewing at the
Public Information and Records
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Integrity Branch (PIRIB), Room 119,
Crystal Mall #2, 1800 S. Bell St.,
Arlington, VA. This docket facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The docket telephone number
is (703) 305–5805.
2. Electronic access. You may obtain
electronic copies of this document
through the EPA Internet under the
‘‘Federal Register’’ listings at https://
www.epa.gov/fedrgstr/.
EDOCKET, EPA’s electronic public
docket and comment system was
replaced on November 25, 2005, by an
enhanced federal-wide electronic docket
management and comment system
located at https://www.regulations.gov/.
Follow the on-line instructions.
An electronic version of the public
docket is available through EPA’s
electronic public docket and comment
system, EPA Dockets. You may use EPA
Dockets at https://www.epa.gov/edocket/
to 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 not all docket
materials may be available
electronically, you may still access any
of the publicly available docket
materials through the docket facility
identified in Unit I.B.1. Once in the
system, select ‘‘search,’’ then key in the
appropriate docket ID number.
You may access the full text of the
grant announcement at https://
www.epa.gov/pesticides/grants/
index.htm. Go to https://www.grants.gov
to electronically find and apply for
competitive grant opportunities from all
Federal grant-making agencies.
Grants.gov is the single access point for
over 1,000 grant programs offered by the
26 Federal grant-making agencies.
II. Overview
The following list provides key
information concerning this funding
opportunity:
• Federal agency name:
Environmental Protection Agency
(EPA).
• Funding opportunity title: Minor
and Specialty Crops Integrated Pest
Management Special Projects; Request
for Proposals.
• Funding opportunity number: EPA–
OPP–005.
• Announcement type:
Announcement of a funding
opportunity.
• Catalog of Federal Domestic
Assistance (CFDA) number: 66.716.
• Dates: Proposals must be
postmarked on or before February 21,
2006.
E:\FR\FM\04JAN1.SGM
04JAN1
Agencies
[Federal Register Volume 71, Number 2 (Wednesday, January 4, 2006)]
[Notices]
[Pages 335-336]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-8263]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[AMS-FRL-8018-3]
California State Motor Vehicle Pollution Control Standards;
Waivers of Federal Preemption; Notice of Decision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice regarding waiver of federal preemption.
-----------------------------------------------------------------------
SUMMARY: EPA today, pursuant to section 209(b) of the Clean Air Act
(Act), 42 U.S.C. 7543(b), is granting California its request for a
waiver of Federal preemption for its Engine Manufacturers Diagnostics
regulations for 2007 and subsequent model year heavy-duty vehicle
engines (2007 EMD standards). By letter dated March 7, 2005, the
California Air Resources Board (CARB) requested that EPA grant
California a waiver of federal preemption for its 2007 EMD standards,
which require the functional monitoring of major emission control
components/systems.
ADDRESSES: The Agency's Decision Document, containing an explanation of
the Assistant Administrator's decision, as well as all documents relied
upon in making that decision, including those submitted to EPA by CARB,
are available at the EPA's Air and Radiation Docket and Information
Center (Air Docket). Materials relevant to this decision are contained
in Docket No. OAR-2005-100. The docket is located at The Air Docket,
room B-108, 1301 Constitution Avenue, NW., Washington, DC 20460, and
may be viewed between 8 a.m. and 5:30 p.m., Monday through Friday. The
telephone number is (202) 566-1742. A reasonable fee may be charged by
EPA for copying docket material. Additionally, 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 view 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 electronic docket system, select
``search,'' then key in the appropriate docket ID number for Docket
OAR-2005-100.
Electronic copies of this Notice and the accompanying Decision
Document are available via the Internet on the Office of Transportation
and Air Quality (OTAQ) Web site https://www.epa.gov/OTAQ. Users can find
these documents by accessing the OTAQ Web site and looking at the path
entitled, ``Regulations.'' This service is free of charge, except for
any cost you already incur for Internet connectivity. The electronic
Federal Register version of the Notice is made available 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.
FOR FURTHER INFORMATION CONTACT: David J. Dickinson, Compliance and
Innovative Strategies Division, U.S. Environmental Protection Agency,
Ariel Rios Building (6405J), 1200 Pennsylvania Avenue, NW., Washington,
DC 20460. Telephone: (202) 343-9256. E-Mail Address:
Dickinson.David@EPA.GOV.
SUPPLEMENTARY INFORMATION: I have decided to grant California a waiver
of Federal preemption pursuant to section 209(b) of the Act for the
2007 EMD regulations.\1\
---------------------------------------------------------------------------
\1\ The CARB Board approved the 2007 EMD standards by Resolution
04-16 on May 20, 2004 (See Attachment 3 to CARB's March 7, 2005,
Waiver Request Letter). The regulations covered by today's waiver
include title 13, California Code of Regulations (CCR), section
1971. For further discussion of the regulations covered by today's
decision please see the Decision Document.
---------------------------------------------------------------------------
Section 209(b) of the Act provides that, if certain criteria are
met, the Administrator shall waive federal preemption for California to
enforce new motor vehicle emission standards and accompanying
enforcement procedures. The criteria include consideration of whether
California arbitrarily and capriciously determined that its standards
are, in the aggregate, at least as protective of public health and
welfare as the applicable Federal standards; whether California needs
State standards to meet compelling and extraordinary conditions; and
whether California's amendments are consistent with section 202(a) of
the Act.
As further explained in the Decision Document supporting today's
decision, EPA did not receive any comment suggesting that CARB's
request should be denied based on the criteria set forth in section
209(b) of the Act.\2\
---------------------------------------------------------------------------
\2\ EPA published a notice for hearing and comment on July 18,
2005 (70 FR 41218).
---------------------------------------------------------------------------
CARB determined that its 2007 EMD standards do not cause
California's standards, in the aggregate, to be less protective of
public health and welfare than the applicable Federal standards. No
information has been submitted to demonstrate that California's
standards, in the aggregate, are less protective of public health and
welfare than the applicable Federal standards. Thus, EPA cannot make a
finding that CARB's determination, that its 2007 EMD standards are, in
the aggregate, at least as protective of public health and welfare, is
arbitrary and capricious.
CARB has continually demonstrated the existence of compelling and
extraordinary conditions justifying the need for its own motor vehicle
pollution control program, which includes the subject 2007 EMD
standards. No information has been submitted to demonstrate that
California no longer has a compelling and extraordinary need for its
own program. Therefore, I agree that California continues to have
compelling and extraordinary conditions which require its own program,
and, thus, I cannot deny the waiver on the basis of the lack of
compelling and extraordinary conditions.
CARB has submitted information that the requirements of its 2007
EMD standards are technologically feasible and present no inconsistency
with federal requirements and are, therefore, consistent with section
202(a) of the Act. No information has been presented to demonstrate
that CARB's requirements are inconsistent with section 202(a) of the
Act, nor does EPA have any other reason to believe that
[[Page 336]]
CARB's requirements are inconsistent with section 202(a). Thus, I
cannot find that California's 2007 California EMD standards are
inconsistent with section 202(a) of the Act. Accordingly, I hereby
grant the waiver requested by California.
This decision will affect not only persons in California but also
the manufacturers outside the State who must comply with California's
requirements in order to produce motor vehicles for sale in California.
For this reason, I hereby determine and find that this is a final
action of national applicability.
Under section 307(b)(1) of the Act, judicial review of this final
action may be sought only in the United States Court of Appeal for the
District of Columbia Circuit. Petitions for review must be filed by
March 6, 2006. Under section 307(b)(2) of the Act, judicial review of
this final action may not be obtained in subsequent enforcement
proceedings.
As with past waiver decisions, this action is not a rule as defined
by Executive Order 12866. Therefore, it is exempt from review by the
Office of Management and Budget as required for rules and regulations
by Executive Order 12866.
In addition, this action is not a rule as defined in the Regulatory
Flexibility Act, 5 U.S.C. sec. 601(2). Therefore, EPA has not prepared
a supporting regulatory flexibility analysis addressing the impact of
this action on small business entities.
Finally, the Administrator has delegated the authority to make
determinations regarding waivers of Federal preemption under section
209(b) of the Act to the Assistant Administrator for Air and Radiation.
Dated: December 22, 2005.
William L. Wehrum,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. E5-8263 Filed 1-3-06; 8:45 am]
BILLING CODE 6560-50-P