[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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