[Federal Register Volume 67, Number 162 (Wednesday, August 21, 2002)]
[Notices]
[Pages 54180-54181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21290]


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ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-7263-4]


California State Motor Vehicle Pollution Control Standards; 
Waiver of Federal Preemption--Notice of Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA today, pursuant to section 209(b) of the Clean Air Act 
(Act), 42 U.S.C. 7543(b), is granting California its request for a 
waiver of federal preemption, with the exceptions noted below, for its 
Onboard Refueling Vapor Recovery (ORVR) regulations. By letter dated 
July 22, 1997, the California Air Resources Board (CARB) requested that 
EPA grant California a waiver of federal preemption for its ORVR 
regulations which primarily incorporate EPA's ORVR regulations and with 
a phase-in commencing in 1998.

ADDRESSES: The Agency's Decision Document, containing an explanation of 
the Assistant Administrator's decision, as well as all documents relied 
upon in making that decision, including those submitted to EPA by CARB, 
are available at the EPA's Air and Radiation Docket and Information 
Center (Air Docket). The Air Docket Office is open from 8 to 4 p.m. 
Monday through Friday, at EPA, Air Docket (6102), Room M-1500, 
Waterside Mall, 401 M Street, SW., Washington, DC 20460. The reference 
number for this docket is A-97-38.
    Electronic copies of this Notice and the accompanying Decision 
Document are available via the Internet on the Office of Transportation 
and Air Quality (OTAQ) website (http://www.epa.gov/OTAQ). Users can 
finds these documents by accessing the OTAQ website and looking at the 
path entitled, ``Regulations.'' This service is free of charge, except 
for any cost you already incur for Internet connectivity. The 
electronic Federal Register version of the Notice is made available on 
the day of publication on the primary website (http://www.epa.gov/docs/fedrgstr/EPA-AIR).
    Please note that due to differences between the software used to 
develop the documents and the software into which the documents may be 
downloaded, changes in format, page length, etc., may occur.

FOR FURTHER INFORMATION CONTACT: David J. Dickinson, Certification and 
Compliance Division, U.S. Environmental Protection Agency, Ariel Rios 
Building (6405J), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. 
Telephone: (202) 564-9256. Fax: (202) 565-2057. E-Mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: I have decided to grant California a waiver 
of Federal preemption pursuant to section 209(b) of the Act for 
amendments to its motor vehicle pollution control program for ORVR 
which incorporates (1) EPA's emission standards (0.20 grams 
hydrocarbon, Organic Material Hydrocarbon Equivalent, for alcohol

[[Page 54181]]

fuels, per gallon of fuel dispensed); (2) Federal preconditioning and 
sequencing provisions for integrated and non-integrated ORVR systems; 
and (3) Federal refueling steps common to both integrated and non-
integrated ORVR systems.\1\
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    \1\ Title 13, California Code of Regulations (CCR), section 1978 
and the incorporated ``California Refueling Emissions Standards and 
Test Procedures for 1998 and Subsequent Model Motor Vehicles'' as 
adopted by CARB Executive Order G-96-026 on April 24, 1996. As 
explained below, EPA is not waiving section 1978 as it applies to 
vehicles fueled by CNG or LPG to the extent that CARB's ORVR 
regulation does not apply to such vehicles. In addition, EPA is not 
at this time waiving the amendments CARB made to section 1978 at its 
November 5, 1998 hearing including CARB's new regulation 
``California Refueling Emission Standards and Test Procedures for 
2001 and Subsequent Motor Vehicles.'' EPA anticipated that it will 
consider CARB's new regulation and matters regarding CARB's 
clarifications on gaseous and gasoline fueled vehicles within the 
context of a future waiver proceeding or when California's 
regulations are brought within the scope of today's waiver.
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    Section 209(b) of the Act provides that, if certain criteria are 
met, the Administrator shall waive Federal preemption for California to 
enforce new motor vehicle emission standards and accompanying 
enforcement procedures. The criteria include consideration of whether 
California arbitrarily and capriciously determined that its standards 
are, in the aggregate, at least as protective of public health and 
welfare as the applicable Federal standards; whether California needs 
State standards to meet compelling and extraordinary conditions; and 
whether California's amendments are consistent with section 202(a) of 
the Act.
    CARB determined that its ORVR standards and accompanying 
enforcement procedures do not cause California's standards, in the 
aggregate, to be less protective of public health and welfare than the 
applicable Federal standards. EPA received no comments that questioned 
CARB's determination. As indicated in footnote one, to the extent that 
CARB's ORVR regulation does not apply to gaseous fueled vehicles a 
waiver for such vehicles is not granted, and as further explained in 
the Decision Document the federal ORVR regulations apply to such 
vehicles. In all other respects EPA cannot make a finding that CARB's 
determination, that its ORVR requirements are, in the aggregate, at 
least as protective of public health and welfare, is arbitrary and 
capricious.
    CARB has continually demonstrated the existence of compelling and 
extraordinary conditions justifying the need for its own motor vehicle 
pollution control program, which includes the subject standards and 
procedures. No information has been submitted to demonstrate that 
California no longer has a compelling and extraordinary need for its 
own program. Therefore, I agree that California continues to have 
compelling and extraordinary conditions which require its own program, 
and, thus, I cannot deny the waiver on the basis of the lack of 
compelling and extraordinary conditions.
    CARB has submitted information that the requirements of its 
emission standards and test procedures are technologically feasible and 
present no inconsistency with federal requirements and are, therefore, 
consistent with section 202(a) of the Act. No information has been 
presented to demonstrate that CARB's requirements are inconsistent with 
section 202(a) of the Act, nor does EPA have any other reason to 
believe that CARB's requirements are inconsistent with section 202(a). 
Thus, I cannot find that California's ORVR requirements will be 
inconsistent with section 202(a) of the Act. Accordingly, I hereby 
grant the waiver requested by California.
    My decision will affect not only persons in California but also the 
manufacturers outside the State who must comply with California's 
requirements in order to produce motor vehicles for sale in California. 
For this reason, I hereby determine and find that this is a final 
action of national applicability.
    Under section 307(b)(1) of the Act, judicial review of this final 
action may be sought only in the United States Court of Appeal for the 
District of Columbia Circuit. Petitions for review must be filed by 
October 21, 2002. Under section 307(b)(2) of the Act, judicial review 
of this final action may not be obtained in subsequent enforcement 
proceedings.
    As with past waiver decisions, this action is not a rule as defined 
by Executive Order 12866. Therefore, it is exempt from review by the 
Office of Management and Budget as required for rules and regulations 
by Executive Order 12866.
    In addition, this action is not a rule as defined in the Regulatory 
Flexibility Act, 5 U.S.C. 601(2). Therefore, EPA has not prepared a 
supporting regulatory flexibility analysis addressing the impact of 
this action on small business entities.
    Finally, the Administrator has delegated the authority to make 
determinations regarding waivers of Federal preemption under section 
209(b) of the Act to the Assistant Administrator for Air and Radiation.

    Dated: August 13, 2002.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 02-21290 Filed 8-20-02; 8:45 am]
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