California State Motor Vehicle Pollution Control Standards; Greenhouse Gas Emissions From 2014 and Subsequent Model Year Medium- and Heavy-Duty Engines and Vehicles; Request for Waiver of Preemption; Opportunity for Public Hearing and Public Comment, 52680-52682 [2016-18868]

Download as PDF 52680 Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices engine provisions do not apply to armored cars and workover rigs.1 (B) 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. asabaliauskas on DSK3SPTVN1PROD with NOTICES 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). EPA must grant a waiver unless the Administrator 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 maintained 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.2 If California amends regulations that were previously granted a waiver, EPA can confirm that the amended 1 A further description of the CARB amendments can be found in CARB’s Waiver Support document in docket EPA–HQ–OAR–2016–0017. 2 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). VerDate Sep<11>2014 20:00 Aug 08, 2016 Jkt 238001 regulations are within the scope of the previously granted waiver. Such withinthe-scope amendments are permissible without a full waiver review if three conditions are met. First, the amended regulations must not undermine California’s determination that its standards, in the aggregate, are as protective of public health and welfare as applicable federal standards. Second, the amended regulations must not affect consistency with section 202(a) of the Act. Third, the amended regulations must not raise any ‘‘new issues’’ affecting EPA’s prior waivers. (C) Request for Comment First, EPA requests comment on whether the 2007 Amendments and the Truck Idling Amendments, each individually assessed, should be considered under the within-the-scope analysis or whether they should be considered under the full waiver criteria. Specifically, we request comment on whether the 2007 Amendments and the Truck Idling Amendments (1) undermine California’s previous determination that its standards, in the aggregate, are at least as protective of public health and welfare as comparable Federal standards, (2) affect the consistency of California’s requirements with section 202(a) of the Act, and (3) raise any other ‘‘new issue’’ affecting EPA’s previous waiver or authorization determinations. For the In-Use Amendments and to the extent commenters believe the 2007 Amendments or the Truck Idling Amendments should be considered under the full waiver criteria, EPA invites comment under 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. Procedures for Public Participation 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. EPA will keep the record open until November 1, 2016. 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 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 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 4, 2016. Christopher Grundler, Director, Office of Transportation and Air Quality, Office of Air and Radiation. [FR Doc. 2016–18897 Filed 8–8–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [AMS–FRL–9950–44–OAR] California State Motor Vehicle Pollution Control Standards; Greenhouse Gas Emissions From 2014 and Subsequent Model Year Mediumand Heavy-Duty Engines and Vehicles; 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 adopted a greenhouse gas emission regulation for new 2014 and subsequent model year on-road medium-and heavyduty engines and vehicles (California Phase 1 GHG Regulation). This regulation aligns California’s GHG emission standards and test procedures with the federal GHG emission standards and test procedures that EPA adopted in 2011. By letter dated January 29, 2016, CARB submitted a request that SUMMARY: E:\FR\FM\09AUN1.SGM 09AUN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices EPA grant a waiver of preemption under section 209(b) of the Clean Air Act (CAA), 42 U.S.C. 7543(b) for the California Phase 1 GHG Regulation. 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 tentatively scheduled a public hearing concerning CARB’s request on September 28, 2016, at 10 a.m. EPA will hold a hearing only if any party notifies EPA by September 21, 2016 to express interest in presenting the Agency with oral testimony. Parties wishing to present oral testimony at the public hearing should provide written notice to David Dickinson at the email address noted below. If EPA receives a request for a public hearing, that hearing will be held at the William Jefferson Clinton Building (North), Room 5528 at 1200 Pennsylvania Ave, NW., Washington, DC 20460. If EPA does not receive a request for a public hearing, then EPA will not hold a hearing, and instead will consider CARB’s request based on written submissions to the docket. Any party may submit written comments until November 1, 2016. Any person who wishes to know whether a hearing will be held may call David Dickinson at (202) 343–9256 on or after September 21, 2016. ADDRESSES: 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–2016–0179. EPA will make available an electronic copy of this Notice on the Office of Transportation and Air Quality’s (OTAQ’s) homepage (http:// 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 VerDate Sep<11>2014 20:00 Aug 08, 2016 Jkt 238001 Register version of the Notice on the day of publication on the primary Web site: (http://www.epa.gov/docs/fedrgstr/ EP-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 Dickinson (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. For Obtaining and Submitting Electronic Copies of Comments Submit your comments, identified by Docket ID No. EPA–HQ–OAR–2016– 0179, by one of the following methods: • http://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–2013– 0491. 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–2016– 0179. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// 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 http:// www.regulations.gov or email. The http://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 http://www.regulations.gov PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 52681 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 http:// 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. SUPPLEMENTARY INFORMATION: (A) CARB’s Waiver Request for the California Phase 1 GHG Regulation CARB’s January 29, 2016, letter to the Administrator presents EPA with CARB’s requirements related to the control of greenhouse gas emissions from 2014 and subsequent MY California on-road medium- and heavyduty engines and vehicles. The regulation establishes requirements applicable to new motor vehicles with a gross vehicle weight rating (GVWR) exceeding 8,500 pounds and engines that power such motor vehicles, except for medium-duty passenger vehicles (MDPVs) that are subject to California’s Low Emission Vehicle Program.1 California’s Phase 1 regulation is supplemental to CARB’s existing Tractor-Trailer GHG regulation that was initially adopted by the CARB Board in 2008 and subsequently amended in 2010 and 2012.2 CARB’s Tractor-Trailer 1 The California Phase 1 GHG regulation is comprised of new title 17, California Code of Regulations (CCR) sections 95660 through 95664, and amendments to title 13, CCR, sections 1900, 1958.6, 2036, 2037, 2112, 2140, and 2147. These regulations apply to all motor vehicles with a GVWR greater than 8,500 pounds. An exception to these regulations are MDPVs which are primarily designed for the transport of passengers. (MDPVs are not subject to this waiver). A definition of MDPVs can be found at title 13, CCR, section 1900(b)(15). California uses the same definition of light-duty vehicles (which includes a subcategory for MDPVs) as EPA. 2 EPA granted California a waiver for the TractorTrailer GHG regulation in 2014. 79 FR 46256 (August 7, 2014). A petition was subsequently filed in the United States Court of Appeals for the District of Columbia Circuit that requested the court E:\FR\FM\09AUN1.SGM Continued 09AUN1 52682 Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices GHG regulation includes the regulation of certain trailers associated with heavyduty vehicles and engines. CARB amended the Tractor-Trailer GHG regulation in conjunction with its adoption of the Phase 1 GHG regulation (which only addresses vehicles and engines) to ensure that California’s GHG requirements for new medium and heavy-duty engines and vehicles are consistent with the corresponding requirements of EPA’s Phase 1 GHG regulation (that addresses engines and vehicles). (B) 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: asabaliauskas on DSK3SPTVN1PROD with NOTICES 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). EPA must grant a waiver unless the Administrator 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 maintained 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 to review EPA’s issuance of the waiver. The court dismissed the petition on November 25, 2015. VerDate Sep<11>2014 20:00 Aug 08, 2016 Jkt 238001 and state test procedures impose inconsistent certification procedures.3 (C) Request for Comment EPA invites comment on CARB’s request for a waiver for the California Phase 1 GHG regulation under 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. Procedures for Public Participation 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. EPA will keep the record open until November 1, 2016. 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. 3 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). PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 Dated: August 3, 2016. Christopher Grundler, Director, Office of Transportation and Air Quality, Office of Air and Radiation. [FR Doc. 2016–18868 Filed 8–8–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9950–42–OA] Request for Nominations for a Science Advisory Board Panel To Review Risk and Technology Review Screening Methods Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The EPA Science Advisory Board (SAB) Staff Office requests public nominations of scientific experts to form a Panel to review the draft EPA report entitled ‘‘Screening Methodologies to Support Risk and Technology Reviews (RTR).’’ This draft report describes newly developed screening methods designed to assess the risk to public health and the environment that would remain after stationary sources of hazardous air pollutants come into compliance with the EPA’s Maximum Available Control Technologies (MACT) standards. DATES: Nominations should be submitted by August 30, 2016 per the instructions below. FOR FURTHER INFORMATION CONTACT: Any member of the public wishing further information regarding this Notice and Request for Nominations may contact the Designated Federal Officer. Nominators unable to submit nominations electronically as described below may contact the Designated Federal Officer for assistance. General information concerning the EPA SAB can be found at the EPA SAB Web site at http://www.epa.gov/sab. SUPPLEMENTARY INFORMATION: Background: The SAB (42 U.S.C. 4365) is a chartered Federal Advisory Committee that provides independent scientific and technical peer review, advice, and recommendations to the EPA Administrator on the technical basis for EPA actions. As a Federal Advisory Committee, the SAB conducts business in accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2) and related regulations. The SAB RTR Methods Review Panel will provide advice through the chartered SAB on scientific and technical issues related to assessing risks to public health and the SUMMARY: E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Notices]
[Pages 52680-52682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18868]


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ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-9950-44-OAR]


California State Motor Vehicle Pollution Control Standards; 
Greenhouse Gas Emissions From 2014 and Subsequent Model Year Medium- 
and Heavy-Duty Engines and Vehicles; 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 adopted a greenhouse gas emission regulation for new 2014 
and subsequent model year on-road medium-and heavy-duty engines and 
vehicles (California Phase 1 GHG Regulation). This regulation aligns 
California's GHG emission standards and test procedures with the 
federal GHG emission standards and test procedures that EPA adopted in 
2011. By letter dated January 29, 2016, CARB submitted a request that

[[Page 52681]]

EPA grant a waiver of preemption under section 209(b) of the Clean Air 
Act (CAA), 42 U.S.C. 7543(b) for the California Phase 1 GHG Regulation. 
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 tentatively scheduled a public hearing concerning CARB's 
request on September 28, 2016, at 10 a.m. EPA will hold a hearing only 
if any party notifies EPA by September 21, 2016 to express interest in 
presenting the Agency with oral testimony. Parties wishing to present 
oral testimony at the public hearing should provide written notice to 
David Dickinson at the email address noted below. If EPA receives a 
request for a public hearing, that hearing will be held at the William 
Jefferson Clinton Building (North), Room 5528 at 1200 Pennsylvania Ave, 
NW., Washington, DC 20460. If EPA does not receive a request for a 
public hearing, then EPA will not hold a hearing, and instead will 
consider CARB's request based on written submissions to the docket. Any 
party may submit written comments until November 1, 2016.
    Any person who wishes to know whether a hearing will be held may 
call David Dickinson at (202) 343-9256 on or after September 21, 2016.

ADDRESSES: 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-2016-0179.
    EPA will make available an electronic copy of this Notice on the 
Office of Transportation and Air Quality's (OTAQ's) homepage (http://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: 
(http://www.epa.gov/docs/fedrgstr/EP-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 Dickinson (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.

For Obtaining and Submitting Electronic Copies of Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2016-
0179, by one of the following methods:
     http://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-2013-0491. 
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-2016-
0179.
    EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://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 http://www.regulations.gov or 
email.
    The http://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 http://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 http://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.

SUPPLEMENTARY INFORMATION:

(A) CARB's Waiver Request for the California Phase 1 GHG Regulation

    CARB's January 29, 2016, letter to the Administrator presents EPA 
with CARB's requirements related to the control of greenhouse gas 
emissions from 2014 and subsequent MY California on-road medium- and 
heavy-duty engines and vehicles. The regulation establishes 
requirements applicable to new motor vehicles with a gross vehicle 
weight rating (GVWR) exceeding 8,500 pounds and engines that power such 
motor vehicles, except for medium-duty passenger vehicles (MDPVs) that 
are subject to California's Low Emission Vehicle Program.\1\ 
California's Phase 1 regulation is supplemental to CARB's existing 
Tractor-Trailer GHG regulation that was initially adopted by the CARB 
Board in 2008 and subsequently amended in 2010 and 2012.\2\ CARB's 
Tractor-Trailer

[[Page 52682]]

GHG regulation includes the regulation of certain trailers associated 
with heavy-duty vehicles and engines. CARB amended the Tractor-Trailer 
GHG regulation in conjunction with its adoption of the Phase 1 GHG 
regulation (which only addresses vehicles and engines) to ensure that 
California's GHG requirements for new medium and heavy-duty engines and 
vehicles are consistent with the corresponding requirements of EPA's 
Phase 1 GHG regulation (that addresses engines and vehicles).
---------------------------------------------------------------------------

    \1\ The California Phase 1 GHG regulation is comprised of new 
title 17, California Code of Regulations (CCR) sections 95660 
through 95664, and amendments to title 13, CCR, sections 1900, 
1958.6, 2036, 2037, 2112, 2140, and 2147. These regulations apply to 
all motor vehicles with a GVWR greater than 8,500 pounds. An 
exception to these regulations are MDPVs which are primarily 
designed for the transport of passengers. (MDPVs are not subject to 
this waiver). A definition of MDPVs can be found at title 13, CCR, 
section 1900(b)(15). California uses the same definition of light-
duty vehicles (which includes a subcategory for MDPVs) as EPA.
    \2\ EPA granted California a waiver for the Tractor-Trailer GHG 
regulation in 2014. 79 FR 46256 (August 7, 2014). A petition was 
subsequently filed in the United States Court of Appeals for the 
District of Columbia Circuit that requested the court to review 
EPA's issuance of the waiver. The court dismissed the petition on 
November 25, 2015.
---------------------------------------------------------------------------

(B) 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). EPA must 
grant a waiver unless the Administrator 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 maintained 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.\3\
---------------------------------------------------------------------------

    \3\ 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).
---------------------------------------------------------------------------

(C) Request for Comment

    EPA invites comment on CARB's request for a waiver for the 
California Phase 1 GHG regulation under 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.

Procedures for Public Participation

    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. EPA will keep the 
record open until November 1, 2016. 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 3, 2016.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and 
Radiation.
[FR Doc. 2016-18868 Filed 8-8-16; 8:45 am]
 BILLING CODE 6560-50-P