California State Motor Vehicle Pollution Control Standards; Advanced Clean Car Program; Request for Waiver of Preemption; Opportunity for Public Hearing and Public Comment, 53199-53201 [2012-21566]

Download as PDF Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices Oceanside/Camp Pendleton, New Information, San Diego County, CA, Comment Period Ends: 10/15/2012, Contact: Manuel E. Sanchez 619–699– 7336. Amended Notices EIS No. 20120274, Draft EIS, USFS, AZ, Prescott National Forest Land and Resource Management Plan, Yavapai and Coconino Counties, AZ, Comment Period Ends: 11/28/2012, Contact: Mary C. Rasmussen 928– 443–8265. Revision to FR Notice Published 08/24/2012; Change Comment Period Ending 10/08/2012 to 11/28/2012. EIS No. 20120275, Draft EIS, USFS, MT, Wild Cramer Forest Health and Fuels Reduction Project, Swan Lake Ranger District, Flathead National Forest, Flathead County, MT, Comment Period Ends: 10/09/2012, Contact: Richard Kehr 406–837–7500. Revision to FR Notice Published 08/24/2012; Change Comment Period Ending 10/ 08/2012 to 10/09/2012. Dated: August 28, 2012. Cliff Rader, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. 2012–21568 Filed 8–30–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [AMS–FRL–9724–4] California State Motor Vehicle Pollution Control Standards; Advanced Clean Car Program; Request for Waiver of Preemption; Opportunity for Public Hearing and 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 developed an Advanced Clean Car program (ACC) which combines the control of smog and soot causing pollutants and greenhouse gas (GHG) emissions into a single coordinated package of requirements for passenger cars, light-duty trucks and medium-duty passenger vehicles (and limited requirements related to heavy-duty vehicles). The ACC program includes revisions to California’s Low Emission Vehicle (LEV) program as well as its Zero Emission Vehicle (ZEV) program. By letter dated June 27, 2012, CARB submitted a request that EPA grant a waiver of preemption under section EMCDONALD on DSK67QTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:22 Aug 30, 2012 Jkt 226001 209(b) of the Clean Air Act (CAA), 42 U.S.C. 7543(b) for the revisions to the LEV program. CARB also seeks confirmation that the amendments to the ZEV program are within-the-scope of prior waiver decisions issued by EPA, or in the alternative requests a waiver for these revisions. This notice announces that EPA has scheduled a public hearing concerning California’s request and that EPA is accepting written comment on the request. DATES: EPA has scheduled a public hearing concerning CARB’s request on September 19, 2012, beginning at 9:00 a.m. Any party planning to present oral testimony should notify EPA by September 14, 2012, expressing its interest. EPA will hold the public hearing at EPA’s offices at 1310 L Street NW., Washington, DC 20460. Any party may submit written comments by October 19, 2012. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2012–0562, by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: dickinson.david@epa.gov. • Fax: (202) 343–2804. • Mail: U.S. Environmental Protection Agency, EPA West (Air Docket), 1200 Pennsylvania Ave., NW., Room B108, Mail Code 6102T, Washington, DC 20460, Attention Docket ID No. EPA–HQ–OAR–2012– 0562. Please include a total of two copies. • Hand Delivery: EPA Docket Center, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC 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–2012–0562. 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 email. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 53199 you provide it in the body of your comment. If you send an email comment directly to EPA without going through https://www.regulations.gov your email 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 viruses. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. EPA will make available for in person 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 EPA–HQ–OAR–2012–0562. 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 E:\FR\FM\31AUN1.SGM 31AUN1 53200 Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices which the documents may be downloaded, changes in format, page length, etc., may occur. FOR FURTHER INFORMATION CONTACT: David Dickinson, Compliance 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. mailto:Dickinson.David@EPA.GOV. SUPPLEMENTARY INFORMATION: EMCDONALD on DSK67QTVN1PROD with NOTICES I. CARB’s New Waiver Request and Prior Greenhouse Gas Emission Waivers CARB’s June 27, 2012, letter to the Administrator notified EPA that CARB had adopted its ACC regulatory package in January 2012 and that the package contains amendments to its low emission vehicle (LEV) program to address both smog forming pollutants and greenhouse gases, and amendments to its zero emission vehicle program (ZEV).1 The amendments to the LEV program are referred to as LEV III. CARB requests that EPA grant a new waiver for its LEV III program. CARB also seeks confirmation that amendments to its ZEV program are within-the-scope of previous waivers issued by EPA. In the alternative, CARB requests that EPA grant a new waiver for its ZEV program. CARB’s waiver request discusses in detail both its ZEV program amendments and its LEV III amendments. CARB’s waiver request includes an ‘‘analysis setting forth California’s basis for the waiver requests. The analysis sets forth a summary of the regulatory actions, a review of the criteria governing EPA’s evaluation of a California waiver request, and the legal arguments that support and compel EPA to grant California’s request.’’ 2 With respect to the LEV III greenhouse gas standards, CARB notes that it plans to adopt a rule which would allow manufacturers to demonstrate compliance with California’s greenhouse gas regulations for the 2017 through 2025 model years by demonstrating compliance with EPA’s greenhouse gas requirements for the 2017 through 2025 model years (commonly referred to as the ‘deemed to comply’ provision), subject to review of 1 The amendments and adoption of regulations can be found at title 13, California Code of Regulations, sections 1961.2 and 1961.3 (adoption) and sections 1900, 1956.8, 1960.1, 1961, 1961.1, 1965, 1968.2, 1968.5, 1976, 1978, 2037, 2038, 2062, 2112, 2139, 2140, 2145, 2147, 2235, 2317, and Documents incorporated by reference (amendments). 2 Letter from Mary D. Nichols, CARB, dated June 27, 2012 at p. 2. VerDate Mar<15>2010 15:22 Aug 30, 2012 Jkt 226001 the contents of EPA’s final rule for these model years.3 CARB plans to commence its ‘‘deemed to comply’’ rulemaking shortly after EPA finalizes the light-duty vehicle greenhouse gas emission standards for model years 2017–2025, conditioned on its review of EPA’s final GHG rule. As discussed below, EPA invites comment on all aspects of CARB’s waiver request, and specifically invites comment on CARB’s waiver request in light of CARB’s plans concerning adoption of a deemed to comply provision into its LEV III GHG standards. This will allow EPA to consider any deemed to comply provision and comments on it when taking action on CARB’s request for a waiver. EPA previously granted CARB a waiver of preemption for its 2009 and subsequent model year new motor vehicle greenhouse gas emission standards on July 8, 2009 (74 FR 32744). Subsequently, CARB adopted a series of amendments to those regulations, including a deemed to comply rule whereby compliance with EPA’s GHG standards for model years 2012 through 2016 would serve as compliance with California’s GHG standards for those model years. On June 14, 2011 (76 FR 34693), EPA confirmed that these series of amendments were within-the-scope of the waiver granted on July 8, 2009. EPA has most recently issued waivers and within-the-scope decisions for CARB’s ZEV program in 2006 (71 FR 78190, December 28, 2006) and 2011 (76 FR 61095, October 3, 2011). EPA’s most recent waivers and within-the-scope decisions for CARB’s LEV II program were issued in 2003 (68 FR 19811, April 22, 2003), 2005 (70 FR 22034, April 28, 2005), and 2010 (75 FR 44948, July 30, 2010). II. Scope of Preemption and Criteria for a Waiver Under the Clean Air Act 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. 3 ‘‘CLEAN AIR ACT § 209(b) WAIVER SUPPORT DOCUMENT SUBMITTED BY THE CALIFORNIA AIR RESOURCES BOARD, May 2012,’’ at p. 9 (accompanying June 27, 2012 letter). PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 Section 209(b) 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 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. Previous decisions granting waivers of Federal preemption for motor vehicles have stated that State standards are inconsistent with section 202(a) if there is inadequate lead time to permit the development of the necessary technology giving appropriate consideration to the cost of compliance within that time period or if the Federal and State test procedures impose inconsistent certification procedures.4 III. Request for Comment 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. In this case, for the ZEV amendments CARB requests a within-the-scope determination, or in the alternative a waiver. Since CARB has submitted a withinthe-scope request for its ZEV amendments as they affect both the 2012–2017 model years (MYs) and 2018 and subsequent MYs, EPA invites 4 To be consistent, the California certification procedures need not be identical to the Federal certification procedures. California procedures would be inconsistent, however, if manufacturers would be unable to meet the state and the Federal requirements with the same test vehicle in the course of the same test. See, e.g., 43 FR 32182 (July 25, 1978). E:\FR\FM\31AUN1.SGM 31AUN1 Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices EMCDONALD on DSK67QTVN1PROD with NOTICES comment on the following issues. First, should California’s ZEV amendments, as they affect the 2012–2017 MYs and/or the 2018 and later MYs, be considered under the within-the-scope criteria or should they be considered under the full waiver criteria? Second, to the extent part or all of those ZEV amendments should be considered as a within-the-scope request, do such amendments meet the criteria for EPA to confirm that they are within-the-scope of prior waivers? Please also provide comments to address the full waiver analysis (noted below for the remainder of the ACC program), in the event that EPA cannot confirm that some or all of CARB’s ZEV amendments are withinthe-scope of previous waivers. We are requesting comment on all aspects of the full waiver analysis with regard to the ACC program (the LEV III criteria pollutant and GHG regulations, and the ZEV amendments to the extent EPA does not consider them under the within-the-scope analysis noted above). This includes consideration of the following three criteria: whether (a) California’s determination that its motor vehicle emission standards are, in the aggregate, at least as protective of public health and welfare as applicable Federal standards is arbitrary and capricious, (b) California needs such standards to meet compelling and extraordinary conditions, and (c) California’s standards and accompanying enforcement procedures are consistent with section 202(a) of the Clean Air Act. As noted above, CARB plans to propose a deemed to comply rule for its GHG standards shortly after EPA finalizes its light-duty vehicle greenhouse gas emission standards, conditioned on its review of EPA’s final GHG rule. As such, EPA specifically invites comment on CARB’s waiver request in light of CARB’s plans concerning adoption of a deemed to comply provision into its LEV III GHG standards. This will allow EPA to consider any deemed to comply provision and comments on it when taking action on CARB’s request for a waiver. IV. Procedures for Public Participation The Agency will make a verbatim record of the proceedings at the hearing. Interested parties may arrange with the reporter at the hearing to obtain a copy of the transcript at their own expense. EPA will keep the record open until October 19, 2012. Upon expiration of the comment period, the Administrator will render a decision on CARB’s request based on the record of the public hearing, relevant written submissions, and other information that she deems pertinent. VerDate Mar<15>2010 15:22 Aug 30, 2012 Jkt 226001 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 non-confidential 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: August 28, 2012. Gina McCarthy, Assistant Administrator, Office of Air and Radiation. [FR Doc. 2012–21566 Filed 8–30–12; 8:45 am] BILLING CODE 6560–50–P EXPORT-IMPORT BANK Economic Impact Policy This notice is to inform the public that the Export-Import Bank of the United States has received an application for a $21 million guarantee to support the $19 million export of a wire rod mill to the Czech Republic. The U.S. export will replace an existing facility and enable the Czech company to expand its production of wire rod by approximately 50,000 metric tons annually during the 8.5-year repayment term of the obligation. Available information indicates that the additional wire rod production will be sold domestically in the Czech Republic and Slovakia, Germany, and Italy. Interested parties may submit comments on this transaction by email to economic.impact@exim.gov or by mail to 811 Vermont Avenue NW., Room 947, Washington, DC 20571, within 14 days of the date this notice appears in the Federal Register. Kathryn Hoff-Patrinos, Deputy General Counsel. [FR Doc. 2012–21548 Filed 8–30–12; 8:45 am] BILLING CODE 6690–01–P PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 53201 FEDERAL RESERVE SYSTEM Federal Open Market Committee; Domestic Policy Directive of July 31– August 1, 2012 In accordance with Section 271.7(d) of its rules regarding availability of information (12 CFR part 271), there is set forth below the domestic policy directive issued by the Federal Open Market Committee at its meeting held on July 31–August 1, 2012.1 The Federal Open Market Committee seeks monetary and financial conditions that will foster price stability and promote sustainable growth in output. To further its long-run objectives, the Committee seeks conditions in reserve markets consistent with federal funds trading in a range from 0 to 1⁄4 percent. The Committee directs the Desk to continue the maturity extension program it announced in June to purchase Treasury securities with remaining maturities of 6 years to 30 years with a total face value of about $267 billion by the end of December 2012, and to sell or redeem Treasury securities with remaining maturities of approximately 3 years or less with a total face value of about $267 billion. For the duration of this program, the Committee directs the Desk to suspend its current policy of rolling over maturing Treasury securities into new issues. The Committee directs the Desk to maintain its existing policy of reinvesting principal payments on all agency debt and agency mortgagebacked securities in the System Open Market Account in agency mortgagebacked securities. These actions should maintain the total face value of domestic securities at approximately $2.6 trillion. The Committee directs the Desk to engage in dollar roll transactions as necessary to facilitate settlement of the Federal Reserve’s agency MBS transactions. The System Open Market Account Manager and the Secretary will keep the Committee informed of ongoing developments regarding the System’s balance sheet that could affect the attainment over time of the Committee’s objectives of maximum employment and price stability. 1 Copies of the Minutes of the Federal Open Market Committee at its meeting held on July 31– August 1, 2012, which includes the domestic policy directive issued at the meeting, are available on the Board’s Web site, www.federalreserve.gov. The minutes are also published in the Federal Reserve Bulletin and in the Board’s Annual Report. E:\FR\FM\31AUN1.SGM 31AUN1

Agencies

[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Pages 53199-53201]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21566]


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ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-9724-4]


California State Motor Vehicle Pollution Control Standards; 
Advanced Clean Car Program; Request for Waiver of Preemption; 
Opportunity for Public Hearing and Public Comment

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 developed an Advanced Clean Car program (ACC) which 
combines the control of smog and soot causing pollutants and greenhouse 
gas (GHG) emissions into a single coordinated package of requirements 
for passenger cars, light-duty trucks and medium-duty passenger 
vehicles (and limited requirements related to heavy-duty vehicles). The 
ACC program includes revisions to California's Low Emission Vehicle 
(LEV) program as well as its Zero Emission Vehicle (ZEV) program. By 
letter dated June 27, 2012, CARB submitted a request that EPA grant a 
waiver of preemption under section 209(b) of the Clean Air Act (CAA), 
42 U.S.C. 7543(b) for the revisions to the LEV program. CARB also seeks 
confirmation that the amendments to the ZEV program are within-the-
scope of prior waiver decisions issued by EPA, or in the alternative 
requests a waiver for these revisions. This notice announces that EPA 
has scheduled a public hearing concerning California's request and that 
EPA is accepting written comment on the request.

DATES: EPA has scheduled a public hearing concerning CARB's request on 
September 19, 2012, beginning at 9:00 a.m. Any party planning to 
present oral testimony should notify EPA by September 14, 2012, 
expressing its interest. EPA will hold the public hearing at EPA's 
offices at 1310 L Street NW., Washington, DC 20460. Any party may 
submit written comments by October 19, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2012-0562, by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: dickinson.david@epa.gov.
     Fax: (202) 343-2804.
     Mail: U.S. Environmental Protection Agency, EPA West (Air 
Docket), 1200 Pennsylvania Ave., NW., Room B108, Mail Code 6102T, 
Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2012-0562. 
Please include a total of two copies.
     Hand Delivery: EPA Docket Center, EPA/DC, EPA West, Room 
B102, 1301 Constitution Ave., NW., Washington, DC 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-2012-0562.
    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 
email.
    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 email comment directly to EPA without going through https://www.regulations.gov your email 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 
viruses. Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy.
    EPA will make available for in person 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 EPA-HQ-OAR-
2012-0562.
    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

[[Page 53200]]

which the documents may be downloaded, changes in format, page length, 
etc., may occur.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Compliance 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.
    mailto:Dickinson.David@EPA.GOV.

SUPPLEMENTARY INFORMATION:

I. CARB's New Waiver Request and Prior Greenhouse Gas Emission Waivers

    CARB's June 27, 2012, letter to the Administrator notified EPA that 
CARB had adopted its ACC regulatory package in January 2012 and that 
the package contains amendments to its low emission vehicle (LEV) 
program to address both smog forming pollutants and greenhouse gases, 
and amendments to its zero emission vehicle program (ZEV).\1\ The 
amendments to the LEV program are referred to as LEV III. CARB requests 
that EPA grant a new waiver for its LEV III program. CARB also seeks 
confirmation that amendments to its ZEV program are within-the-scope of 
previous waivers issued by EPA. In the alternative, CARB requests that 
EPA grant a new waiver for its ZEV program.
---------------------------------------------------------------------------

    \1\ The amendments and adoption of regulations can be found at 
title 13, California Code of Regulations, sections 1961.2 and 1961.3 
(adoption) and sections 1900, 1956.8, 1960.1, 1961, 1961.1, 1965, 
1968.2, 1968.5, 1976, 1978, 2037, 2038, 2062, 2112, 2139, 2140, 
2145, 2147, 2235, 2317, and Documents incorporated by reference 
(amendments).
---------------------------------------------------------------------------

    CARB's waiver request discusses in detail both its ZEV program 
amendments and its LEV III amendments. CARB's waiver request includes 
an ``analysis setting forth California's basis for the waiver requests. 
The analysis sets forth a summary of the regulatory actions, a review 
of the criteria governing EPA's evaluation of a California waiver 
request, and the legal arguments that support and compel EPA to grant 
California's request.'' \2\ With respect to the LEV III greenhouse gas 
standards, CARB notes that it plans to adopt a rule which would allow 
manufacturers to demonstrate compliance with California's greenhouse 
gas regulations for the 2017 through 2025 model years by demonstrating 
compliance with EPA's greenhouse gas requirements for the 2017 through 
2025 model years (commonly referred to as the `deemed to comply' 
provision), subject to review of the contents of EPA's final rule for 
these model years.\3\
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    \2\ Letter from Mary D. Nichols, CARB, dated June 27, 2012 at p. 
2.
    \3\ ``CLEAN AIR ACT Sec.  209(b) WAIVER SUPPORT DOCUMENT 
SUBMITTED BY THE CALIFORNIA AIR RESOURCES BOARD, May 2012,'' at p. 9 
(accompanying June 27, 2012 letter).
---------------------------------------------------------------------------

    CARB plans to commence its ``deemed to comply'' rulemaking shortly 
after EPA finalizes the light-duty vehicle greenhouse gas emission 
standards for model years 2017-2025, conditioned on its review of EPA's 
final GHG rule. As discussed below, EPA invites comment on all aspects 
of CARB's waiver request, and specifically invites comment on CARB's 
waiver request in light of CARB's plans concerning adoption of a deemed 
to comply provision into its LEV III GHG standards. This will allow EPA 
to consider any deemed to comply provision and comments on it when 
taking action on CARB's request for a waiver.
    EPA previously granted CARB a waiver of preemption for its 2009 and 
subsequent model year new motor vehicle greenhouse gas emission 
standards on July 8, 2009 (74 FR 32744). Subsequently, CARB adopted a 
series of amendments to those regulations, including a deemed to comply 
rule whereby compliance with EPA's GHG standards for model years 2012 
through 2016 would serve as compliance with California's GHG standards 
for those model years. On June 14, 2011 (76 FR 34693), EPA confirmed 
that these series of amendments were within-the-scope of the waiver 
granted on July 8, 2009. EPA has most recently issued waivers and 
within-the-scope decisions for CARB's ZEV program in 2006 (71 FR 78190, 
December 28, 2006) and 2011 (76 FR 61095, October 3, 2011). EPA's most 
recent waivers and within-the-scope decisions for CARB's LEV II program 
were issued in 2003 (68 FR 19811, April 22, 2003), 2005 (70 FR 22034, 
April 28, 2005), and 2010 (75 FR 44948, July 30, 2010).

II. Scope of Preemption and Criteria for a Waiver Under the Clean Air 
Act

    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) 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 
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. Previous 
decisions granting waivers of Federal preemption for motor vehicles 
have stated that State standards are inconsistent with section 202(a) 
if there is inadequate lead time to permit the development of the 
necessary technology giving appropriate consideration to the cost of 
compliance within that time period or if the Federal and State test 
procedures impose inconsistent certification procedures.\4\
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    \4\ To be consistent, the California certification procedures 
need not be identical to the Federal certification procedures. 
California procedures would be inconsistent, however, if 
manufacturers would be unable to meet the state and the Federal 
requirements with the same test vehicle in the course of the same 
test. See, e.g., 43 FR 32182 (July 25, 1978).
---------------------------------------------------------------------------

III. Request for Comment

    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. In 
this case, for the ZEV amendments CARB requests a within-the-scope 
determination, or in the alternative a waiver.
    Since CARB has submitted a within-the-scope request for its ZEV 
amendments as they affect both the 2012-2017 model years (MYs) and 2018 
and subsequent MYs, EPA invites

[[Page 53201]]

comment on the following issues. First, should California's ZEV 
amendments, as they affect the 2012-2017 MYs and/or the 2018 and later 
MYs, be considered under the within-the-scope criteria or should they 
be considered under the full waiver criteria? Second, to the extent 
part or all of those ZEV amendments should be considered as a within-
the-scope request, do such amendments meet the criteria for EPA to 
confirm that they are within-the-scope of prior waivers? Please also 
provide comments to address the full waiver analysis (noted below for 
the remainder of the ACC program), in the event that EPA cannot confirm 
that some or all of CARB's ZEV amendments are within-the-scope of 
previous waivers.
    We are requesting comment on all aspects of the full waiver 
analysis with regard to the ACC program (the LEV III criteria pollutant 
and GHG regulations, and the ZEV amendments to the extent EPA does not 
consider them under the within-the-scope analysis noted above). This 
includes consideration of the following three criteria: whether (a) 
California's determination that its motor vehicle emission standards 
are, in the aggregate, at least as protective of public health and 
welfare as applicable Federal standards is arbitrary and capricious, 
(b) California needs such standards to meet compelling and 
extraordinary conditions, and (c) California's standards and 
accompanying enforcement procedures are consistent with section 202(a) 
of the Clean Air Act. As noted above, CARB plans to propose a deemed to 
comply rule for its GHG standards shortly after EPA finalizes its 
light-duty vehicle greenhouse gas emission standards, conditioned on 
its review of EPA's final GHG rule. As such, EPA specifically invites 
comment on CARB's waiver request in light of CARB's plans concerning 
adoption of a deemed to comply provision into its LEV III GHG 
standards. This will allow EPA to consider any deemed to comply 
provision and comments on it when taking action on CARB's request for a 
waiver.

IV. Procedures for Public Participation

    The Agency will make a verbatim record of the proceedings at the 
hearing. Interested parties may arrange with the reporter at the 
hearing to obtain a copy of the transcript at their own expense. EPA 
will keep the record open until October 19, 2012. Upon expiration of 
the comment period, the Administrator will render a decision on CARB's 
request based on the record of the public hearing, relevant written 
submissions, and other information that she 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 non-confidential 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: August 28, 2012.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2012-21566 Filed 8-30-12; 8:45 am]
BILLING CODE 6560-50-P
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