California State Motor Vehicle Pollution Control Standards; Amendments to the California Zero Emission Vehicle (ZEV) Regulation; Waiver Request; Opportunity for Public Hearing, 11878-11880 [2010-5485]
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11878
Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices
quantities.’’ Under section 109 of the
CAA, EPA establishes national ambient
air quality standards (NAAQS) for each
listed pollutant, with the NAAQS based
on the air quality criteria. Section 109(d)
of the CAA requires periodic review
and, if appropriate, revision of existing
air quality criteria. The revised air
quality criteria reflect advances in
scientific knowledge on the effects of
the pollutant on public health or
welfare. The EPA is also required to
periodically review and revise the
NAAQS, if appropriate, based on the
revised criteria.
The EPA is currently conducting a
joint review of the existing secondary
(welfare-based) NAAQS for oxides of
nitrogen (NOX) and oxides of sulfur
(SOX). Because NOX, SOX, and their
associated transformation products are
linked from an atmospheric chemistry
perspective as well as from an
environmental effects perspective, and
because of the National Research
Council’s 2004 recommendations to
consider multiple pollutants in forming
the scientific basis for the NAAQS, EPA
has decided to jointly assess the science,
risks, and policies relevant to protecting
the public welfare associated with NOX
and SOX. This is the first time since
NAAQS were established in 1971 that a
joint review of these two pollutants has
been conducted. Since both the CASAC
and EPA have recognized these
interactions historically, and the science
related to these interactions has
continued to evolve and grow to the
present day, there is a strong basis for
considering them together.
As part of this review of the current
secondary (welfare-based) NAAQS for
NOX and SOX, EPA’s OAQPS staff are
preparing a first draft Policy
Assessment. The objective of this
assessment is to evaluate the policy
implications of the key scientific
information contained in the document
Integrated Science Assessment for
Oxides of Nitrogen and SulfurEcological Criteria (https://
cfpub.epa.gov/ncea/cfm/
recordisplay.cfm?deid=201485),
prepared by EPA’s National Center for
Environmental Assessment (NCEA) and
the results from the analyses contained
in the Risk and Exposure Assessment
for Review of the Secondary National
Ambient Air Quality Standards for
Oxides of Nitrogen and Oxides of Sulfur
(https://www.epa.gov/ttn/naaqs/
standards/no2so2sec/cr_rea.html). The
first draft Policy Assessment will be
available online at: https://www.epa.gov/
ttn/naaqs/standards/no2so2sec/
index.html. This first draft Policy
Assessment will be reviewed by the
CASAC during a public meeting to be
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held April 1 and 2, 2010. Information
about this public meeting will be
available at https://yosemite.epa.gov/sab/
sabpeople.nsf/WebCommittees/CASAC.
Dated: March 9, 2010.
Mary E. Henigin,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. 2010–5576 Filed 3–11–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[AMS–FRL–9126–5]
California State Motor Vehicle
Pollution Control Standards;
Amendments to the California Zero
Emission Vehicle (ZEV) Regulation;
Waiver Request; Opportunity for
Public Hearing
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of opportunity for public
hearing and comment.
SUMMARY: The California Air Resources
Board (CARB) has notified EPA that it
has adopted amendments to its
regulations related to zero emission
vehicles (ZEVs) in California. By letter
dated September 17, 2009, CARB
requested that EPA confirm that its
amendments as they affect model years
2008–2011 are within-the-scope of
previous waivers of preemption issued
by EPA. CARB also requests that EPA
confirm that amendments as they affect
the 2012 and subsequent model years
are also within-the-scope of previous
waivers of preemption issued by EPA;
or, in the alternative, that EPA grant a
new waiver of preemption for these
future model years. 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 April 13, 2010 at 10 a.m. EPA
will hold a hearing only if any party
notifies EPA by April 1, 2010,
expressing its interest in presenting oral
testimony. By April 6, 2010, any person
who plans to attend the hearing may
call David Dickinson at (202) 343–9256
to learn if a hearing will be held or may
check the following Web site for an
update: https://www.epa.gov/otaq/
cafr.htm.
Parties wishing to present oral
testimony at the public hearing should
also provide written notice to David
Dickinson at the address noted below. If
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EPA receives a request for a public
hearing, that hearing will be held at
1310 L St, NW., Washington, DC 20005.
If EPA does not receive a request for
a public hearing, 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 May 17, 2010.
ADDRESSES: EPA will make available for
public inspection materials submitted
by CARB, written comments received
from 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 No. EPA–HQ–
OAR–2009–0780. The docket is located
at The Air Docket, Room 3334, 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 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
the Federal government’s electronic
public docket and comment system.
You may access EPA dockets at https://
www.regulations.gov. After opening the
https://www.regulations.gov Web site,
enter EPA–HQ–OAR–2009–0780 in
‘‘Search Documents’’ 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.
FOR FURTHER INFORMATION CONTACT:
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, email address: Dickinson.David@epa.gov.
SUPPLEMENTARY INFORMATION:
(A) Procedural History
Within CARB’s 1990–1991 California
Low Emission Vehicle (LEV I)
rulemaking, CARB required that ten
percent of the passenger cars and
LDT1s 1 marketed by all but small
volume manufacturers were required to
be ZEVs starting in the 2003 model year.
EPA granted California an initial waiver
of preemption for California’s original
1990 ZEV requirements in January 1993
as part of the LEV I waiver.2 CARB
amended its original ZEV requirements
in 1996, and in January 2001, EPA
1 Under CARB’s regulations, an LDT1 is a lightduty truck having a loaded weight of 0–3750
pounds.
2 58 FR 4166, January 13, 1993.
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found that those amendments, which
modified manufacturer ZEV production
mandates for model years 1998 through
2002, were within-the-scope of the
originally-granted waiver.3 CARB again
amended its ZEV requirements in 1999,
2001, and 2003, as they applied to 2007
and earlier model year passenger cars
and LDT1s; in December 2006, EPA
determined that those amendments fell
within-the-scope of the 1993 waiver.4
Within the December 2006 decision,
EPA also granted CARB a new waiver
for its 2007 through 2011 model year
ZEV requirements. EPA expressly made
no finding as to the 2012 and later
model years.
CARB has again approved
amendments to its ZEV requirements at
a March 27, 2008 public hearing; the
final amendments were adopted by
Executive Order R–08–015 on December
17, 2008 (2008 ZEV amendments).5
Because of the nature of CARB’s 2008
ZEV amendments, CARB now requests,
as stated in its September 17, 2009
letter, that EPA confirm that the 2008
ZEV amendments, as they affect the
2011 and earlier model years, be
confirmed as within-the-scope of
previous waivers. In addition, CARB
also requests that the 2008 ZEV
amendments, as they affect the 2012 and
later model years, also be considered
within-the-scope of previous waivers,
or, alternatively, be granted a full waiver
of preemption by EPA. CARB also states
that EPA should grant a full waiver of
preemption for the amendments as they
affect the 2011 and earlier model years
if EPA determines that the amendments
are not within-the-scope of previous
waivers for those model years.
(B) Background and Discussion
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
3 66
FR 7751, January 25, 2001.
FR 78190, December 28, 2006. In the
alternative, EPA found that the amendments
affecting these vehicles also met the requirements
for a full waiver.
5 As explained in CARB’s request letter and its
attachments (including the amended regulation),
the 2008 ZEV amendments modify or establish
requirements for Phase I (2005–2008), Phase II
(2009–2011); Phase III (2012–2014); Phase IV
(2015–2017) and Phase V (2018 and later) model
years.
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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. California is the only State
that is qualified to seek and receive a
waiver under section 209(b). The
Administrator must grant a waiver
unless she finds that (A) the abovedescribed ‘‘protectiveness’’
determination of the State is arbitrary
and capricious, (B) the State does not
need the State standard 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. EPA has
previously stated that ‘‘consistency with
section 202(a)’’ requires that California’s
standards must be technologically
feasible within the lead time provided,
given due consideration of costs, and
that California and applicable Federal
test procedures be consistent.
When EPA receives new waiver
requests from CARB, EPA traditionally
publishes a notice of opportunity for
public hearing and comment and then,
after the comment period has closed,
publishes a notice of its decision in the
Federal Register. In contrast, when EPA
receives within-the-scope waiver
requests from CARB, EPA usually
publishes a notice of its decision in the
Federal Register and concurrently
invites public comment if an interested
party is opposed to EPA’s decision.
Although CARB has submitted a
within-the-scope waiver request for its
ZEV amendments as they affect the 2011
and earlier model years and the 2012
and later model years, EPA invites
comment on the following issues. First,
should California’s ZEV amendments, as
they affect either the 2011 and earlier
model years or the 2012 model years
and later, be considered under the
within-the-scope criteria or should be
considered under the full waiver
criteria? Second, to the extent that those
amendments should be considered as a
within-the-scope request, do such
amendments meet the criteria for EPA to
grant a within-the-scope confirmation?
Specifically, do those amendments: (a)
Undermine California’s previous
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determination that its standards, in the
aggregate, are at least as protective of
pubic health and welfare as comparable
Federal standards, (b) affect the
consistency of California’s requirements
with section 202(a) of the Act, or (c)
raise new issues affecting EPA’s
previous waiver determinations? Please
also provide comments to address the
full waiver analysis, in the event that
EPA cannot confirm that CARB’s ZEV
amendments are within-the-scope of
previous waivers. The full waiver
analysis, which we are requesting
comment on, include consideration of
the following three criteria: Whether (a)
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) California
needs separate standards to meet
compelling and extraordinary
conditions, and (c) California’s
standards and accompanying
enforcement procedures are consistent
with section 202(a) of the Act.
Procedures for Public Participation: In
recognition that public hearings are
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
pubic hearing is held, EPA will keep the
record open until May 17, 2010. Upon
expiration of the comment period, the
Administrator will render a decision of
CARB’s request based on the record of
the public hearing, if any, 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–2009–0780.
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
as CBI, then a non-confidential version
of the document that summarizes the
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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: March 5, 2010.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air
Quality, Office of Air and Radiation.
[FR Doc. 2010–5485 Filed 3–11–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[AMS–FRL–9126–4]
California State Nonroad Engine
Pollution Control Standards; California
Nonroad Compression Ignition
Engines—In-Use Fleets; Authorization
Request; Opportunity for Public
Hearing and Comment
srobinson on DSKHWCL6B1PROD with NOTICES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of opportunity for public
hearing and comment.
SUMMARY: The California Air Resources
Board (CARB) has notified EPA that it
has adopted amendments to its emission
standards for fleets that operate
nonroad, diesel fueled equipment with
engines 25 horsepower (hp) and greater.
EPA previously announced an
opportunity for public hearing and
written comment on CARB’s initial
request for an authorization of its
original regulations (73 FR 58585
(October 7, 2008) and 73 FR 67509
(November 14, 2008)). By this notice
EPA is announcing an additional public
hearing and a new written comment
period.
DATES: EPA has scheduled a public
hearing CARB’s request on April 14,
2010, beginning at 10 a.m. The hearing
will be held at 1310 L St., NW.,
Washington, DC 20005. Parties wishing
to present oral testimony at the public
hearing should provide written
notification to David Dickinson at the
address noted below. Should you have
further questions regarding the hearing
please contact David Dickinson or you
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may consult the following Web site for
any updates: https://www.epa.gov/otaq/
cafr.htm. Any party may submit written
comment by May 18, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2008–0691, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–1741.
• Mail: Air and Radiation Docket,
Docket ID No. EPA–HQ–OAR–2008–
0691, Environmental Protection Agency,
Mailcode: 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.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2008–
0691. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically 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
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viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT:
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, email address:
Dickinson.David@EPA.GOV.
SUPPLEMENTARY INFORMATION:
Background and Discussion: Section
209(e)(1) of the Act addresses the
permanent preemption of any State, or
political subdivision thereof, from
adopting or attempting to enforce any
standard or other requirement relating
to the control of emissions for certain
new nonroad engines or vehicles.
Section 209(e)(2) of the Act requires the
Administrator to grant California
authorization to enforce State standards
for new nonroad engines or vehicles
which are not listed under section
209(e)(1), subject to certain restrictions.
On July 20, 1994, EPA promulgated a
regulation that sets forth, among other
things, the criteria, as found in section
209(e)(2), by which EPA must consider
any California authorization requests for
new nonroad engines or vehicle
emission standards (section 209(e)
rules).1
Section 209(e)(2) requires the
Administrator, after notice and
opportunity for public hearing, to
authorize California to enforce
standards and other requirements
relating to emissions control of new
engines not listed under section
209(e)(1). The section 209(e) rule and its
codified regulations 2 formally set forth
the criteria, located in section 209(e)(2)
of the Act, by which EPA must grant
California authorization to enforce its
new nonroad emission standards and
they are as follows:
1 Section 209(e)(1) states, in part: No State or any
political subdivision thereof shall adopt or attempt
to enforce any standard or other requirement
relating to the control of emissions from either of
the following new nonroad engines or nonroad
vehicles subject to regulation under this Act—
(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.
(B) New locomotives or new engines used in
locomotives.
EPA’s regulation was published at 59 FR 36969
(July 20, 1994), and regulations set forth therein, 40
CFR Part 85, Subpart Q, §§ 85.1601 et seq. A new
rule, signed on September 4, 2008, moves these
provisions to 40 CFR Part 1074.
2 See 40 CFR Part 85, Subpart Q, § 85.1605. Upon
effectiveness of the new rule, these criteria will be
codified at 40 CFR 1074.105.
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Agencies
[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Notices]
[Pages 11878-11880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5485]
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ENVIRONMENTAL PROTECTION AGENCY
[AMS-FRL-9126-5]
California State Motor Vehicle Pollution Control Standards;
Amendments to the California Zero Emission Vehicle (ZEV) Regulation;
Waiver Request; Opportunity for Public Hearing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of opportunity for public hearing and comment.
-----------------------------------------------------------------------
SUMMARY: The California Air Resources Board (CARB) has notified EPA
that it has adopted amendments to its regulations related to zero
emission vehicles (ZEVs) in California. By letter dated September 17,
2009, CARB requested that EPA confirm that its amendments as they
affect model years 2008-2011 are within-the-scope of previous waivers
of preemption issued by EPA. CARB also requests that EPA confirm that
amendments as they affect the 2012 and subsequent model years are also
within-the-scope of previous waivers of preemption issued by EPA; or,
in the alternative, that EPA grant a new waiver of preemption for these
future model years. 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 April 13, 2010 at 10 a.m. EPA will hold a hearing only if
any party notifies EPA by April 1, 2010, expressing its interest in
presenting oral testimony. By April 6, 2010, any person who plans to
attend the hearing may call David Dickinson at (202) 343-9256 to learn
if a hearing will be held or may check the following Web site for an
update: https://www.epa.gov/otaq/cafr.htm.
Parties wishing to present oral testimony at the public hearing
should also provide written notice to David Dickinson at the address
noted below. If EPA receives a request for a public hearing, that
hearing will be held at 1310 L St, NW., Washington, DC 20005.
If EPA does not receive a request for a public hearing, 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 May 17, 2010.
ADDRESSES: EPA will make available for public inspection materials
submitted by CARB, written comments received from 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 No. EPA-HQ-OAR-2009-0780. The
docket is located at The Air Docket, Room 3334, 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 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 the Federal government's electronic public docket and
comment system. You may access EPA dockets at https://www.regulations.gov. After opening the https://www.regulations.gov Web
site, enter EPA-HQ-OAR-2009-0780 in ``Search Documents'' 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.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION:
(A) Procedural History
Within CARB's 1990-1991 California Low Emission Vehicle (LEV I)
rulemaking, CARB required that ten percent of the passenger cars and
LDT1s \1\ marketed by all but small volume manufacturers were required
to be ZEVs starting in the 2003 model year. EPA granted California an
initial waiver of preemption for California's original 1990 ZEV
requirements in January 1993 as part of the LEV I waiver.\2\ CARB
amended its original ZEV requirements in 1996, and in January 2001, EPA
[[Page 11879]]
found that those amendments, which modified manufacturer ZEV production
mandates for model years 1998 through 2002, were within-the-scope of
the originally-granted waiver.\3\ CARB again amended its ZEV
requirements in 1999, 2001, and 2003, as they applied to 2007 and
earlier model year passenger cars and LDT1s; in December 2006, EPA
determined that those amendments fell within-the-scope of the 1993
waiver.\4\ Within the December 2006 decision, EPA also granted CARB a
new waiver for its 2007 through 2011 model year ZEV requirements. EPA
expressly made no finding as to the 2012 and later model years.
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\1\ Under CARB's regulations, an LDT1 is a light-duty truck
having a loaded weight of 0-3750 pounds.
\2\ 58 FR 4166, January 13, 1993.
\3\ 66 FR 7751, January 25, 2001.
\4\ 71 FR 78190, December 28, 2006. In the alternative, EPA
found that the amendments affecting these vehicles also met the
requirements for a full waiver.
---------------------------------------------------------------------------
CARB has again approved amendments to its ZEV requirements at a
March 27, 2008 public hearing; the final amendments were adopted by
Executive Order R-08-015 on December 17, 2008 (2008 ZEV amendments).\5\
Because of the nature of CARB's 2008 ZEV amendments, CARB now requests,
as stated in its September 17, 2009 letter, that EPA confirm that the
2008 ZEV amendments, as they affect the 2011 and earlier model years,
be confirmed as within-the-scope of previous waivers. In addition, CARB
also requests that the 2008 ZEV amendments, as they affect the 2012 and
later model years, also be considered within-the-scope of previous
waivers, or, alternatively, be granted a full waiver of preemption by
EPA. CARB also states that EPA should grant a full waiver of preemption
for the amendments as they affect the 2011 and earlier model years if
EPA determines that the amendments are not within-the-scope of previous
waivers for those model years.
---------------------------------------------------------------------------
\5\ As explained in CARB's request letter and its attachments
(including the amended regulation), the 2008 ZEV amendments modify
or establish requirements for Phase I (2005-2008), Phase II (2009-
2011); Phase III (2012-2014); Phase IV (2015-2017) and Phase V (2018
and later) model years.
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(B) Background and Discussion
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. California is the only State that is
qualified to seek and receive a waiver under section 209(b). The
Administrator must grant a waiver unless she finds that (A) the above-
described ``protectiveness'' determination of the State is arbitrary
and capricious, (B) the State does not need the State standard 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. EPA has previously stated that ``consistency with
section 202(a)'' requires that California's standards must be
technologically feasible within the lead time provided, given due
consideration of costs, and that California and applicable Federal test
procedures be consistent.
When EPA receives new waiver requests from CARB, EPA traditionally
publishes a notice of opportunity for public hearing and comment and
then, after the comment period has closed, publishes a notice of its
decision in the Federal Register. In contrast, when EPA receives
within-the-scope waiver requests from CARB, EPA usually publishes a
notice of its decision in the Federal Register and concurrently invites
public comment if an interested party is opposed to EPA's decision.
Although CARB has submitted a within-the-scope waiver request for
its ZEV amendments as they affect the 2011 and earlier model years and
the 2012 and later model years, EPA invites comment on the following
issues. First, should California's ZEV amendments, as they affect
either the 2011 and earlier model years or the 2012 model years and
later, be considered under the within-the-scope criteria or should be
considered under the full waiver criteria? Second, to the extent that
those amendments should be considered as a within-the-scope request, do
such amendments meet the criteria for EPA to grant a within-the-scope
confirmation? Specifically, do those amendments: (a) Undermine
California's previous determination that its standards, in the
aggregate, are at least as protective of pubic health and welfare as
comparable Federal standards, (b) affect the consistency of
California's requirements with section 202(a) of the Act, or (c) raise
new issues affecting EPA's previous waiver determinations? Please also
provide comments to address the full waiver analysis, in the event that
EPA cannot confirm that CARB's ZEV amendments are within-the-scope of
previous waivers. The full waiver analysis, which we are requesting
comment on, include consideration of the following three criteria:
Whether (a) 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) California needs
separate standards to meet compelling and extraordinary conditions, and
(c) California's standards and accompanying enforcement procedures are
consistent with section 202(a) of the Act.
Procedures for Public Participation: In recognition that public
hearings are 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 pubic hearing is held, EPA will keep the record
open until May 17, 2010. Upon expiration of the comment period, the
Administrator will render a decision of CARB's request based on the
record of the public hearing, if any, 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-2009-
0780.
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 as CBI, then a non-confidential version of
the document that summarizes the
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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: March 5, 2010.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air Quality, Office of Air and
Radiation.
[FR Doc. 2010-5485 Filed 3-11-10; 8:45 am]
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