[Federal Register Volume 67, Number 98 (Tuesday, May 21, 2002)]
[Notices]
[Pages 35809-35811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12709]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[AMS-FRL-7214-3]
California State Motor Vehicle Pollution Control Standards;
Request for Waiver of Federal Preemption; Within the Scope Request;
Opportunity for Public Hearing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Opportunity for public hearing and comment.
-----------------------------------------------------------------------
SUMMARY: The California Air Resources Board (CARB) has notified EPA
that it has adopted amendments to its Low-Emission Vehicle (LEV)
regulations including amendments to its exhaust emission standards,
evaporative emission standards, its certification requirements, and to
its Zero-Emission-Vehicle (ZEV) program (collectively the
"LEVII" amendments; the ZEV amendments are referred to as
the "1999 ZEV amendments"). By letter dated May 30, 2001,
California requested 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
LEVII amendments. By letter dated February 7, 2002, California
requested that EPA confirm CARB's determination that a limited portion
of the LEVII amendments, the 1999 ZEV amendments, are within-the-scope
of previously issued waivers granted by EPA. This notice announces that
EPA has tentatively scheduled two successive public hearings concerning
California's requests and that EPA is accepting comments on these
requests. EPA invites comments on all relevant aspects of California's
requests, in particular, whether EPA should waive preemption of
California's LEVII amendments, and whether the 1999 ZEV amendments are
within the scope of previous waivers and, if not, whether EPA should
waive preemption for the 1999 ZEV amendments.
DATES: EPA has tentatively scheduled a public hearing concerning the
1999 ZEV amendments on June 20, 2002 beginning at 10:00 a.m. EPA has
also tentatively scheduled a public hearing concerning the LEVII
amendments to commence immediately following the hearing for the 1999
ZEV amendments and may carry over until the following day. EPA will
hold hearings only if a party notifies EPA by June 10, 2002, expressing
its interest in presenting oral testimony regarding the 1999 ZEV
amendments and/or the LEVII amendments. By June 17, 2002, any person
who plans to attend the hearing(s) should call David Dickinson at (202)
564-9256 to learn if either hearing will be held. If EPA does not
receive a request for one or both public hearings, then EPA will not
hold one or both hearings, and instead consider CARB's requests based
on written submissions to the docket. Any party may submit written
comments by July 22, 2002.
ADDRESSES: EPA will make available for public 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 Air Docket is open during working hours from 8 a.m. to 4
p.m. at EPA, Air Docket (6102), Room M-1500, Waterside Mall, 401
M St., SW., Washington, DC 20460. The reference number for this docket
is A-99-26. Parties wishing to present oral testimony at
either public hearing should provide written notice to David Dickinson
at the address noted below;
[[Page 35810]]
parties should submit any written comments to David Dickinson. If EPA
receives a request for a public hearing, EPA will hold the public
hearing in the first floor conference room at 501 3rd Street, NW.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: David Dickinson, Certification and
Compliance Division (6405J), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave, NW., Washington, DC 20460. Telephone: (202)
564-9256, Fax: (202) 565-2057, e-mail address:
[email protected]. EPA makes 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 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.
SUPPLEMENTARY INFORMATION:
(A) Procedural History
On January 13, 1993, EPA published a Notice Regarding Waiver of
Federal Preemption granting California a waiver of federal preemption
for the California LEV program (58 FR 4166). The California LEV waiver
included California's original ZEV requirements.
In March 1996, CARB amended the LEV program by eliminating the ZEV
sales requirement for model years 1998 through 2002 (1996 ZEV
amendments). On February 26, 1997, CARB submitted to the Administrator
a request that EPA confirm the CARB Board's determination that the 1996
ZEV amendments to its LEV program (primarily repealing the ZEV
requirements for 1998 through 2002), but also creating multiple ZEV
credits for vehicles produced prior to the 2003 model year and test
procedures for determining All-Electric Vehicle Range) are within-the-
scope of the existing California LEV program which had previously
received a waiver. On January 25, 2001, EPA published a document (66 FR
7751) confirming CARB's within the scope determination.
On May 30, 2001, CARB submitted to the Administrator its request
that EPA grant a waiver of preemption for its LEVII regulations. (May
2001 letter) These LEVII regulations include amendments to its exhaust
emission standards, evaporative emission standards, certification
requirements, and to its Zero-Emission Vehicle program. Subsequently,
on February 7, 2002, CARB submitted to the Administrator its request
that EPA confirm CARB's determination that the limited portion of the
previously submitted LEVII amendments that pertains to ZEVs does not
require a new waiver of preemption but rather is within the scope of
previously issued waivers. (February 2002 letter)
(B) Background and Discussion
Section 209(a) of the Clean Air Act, as amended
("Act"), 42 U.S.C. 7543(a), provides:
No State or any political subdivision thereof shall adopt or
attempt to enforce any standard relating to the control of emissions
from new motor vehicles or new motor vehicle engines subject to this
part. No state shall require certification, inspection or any other
approval relating to the control of emission from any new motor
vehicle or new motor vehicle engine as condition precedent to the
initial retail sale, titling (if any), or registration of such motor
vehicle, motor vehicle engine, or equipment.
Section 209(b)(1) of the Act requires the Administrator, after
notice and opportunity for public hearing, to waive application of the
prohibitions of section 209(a) for any state that has adopted standards
(other than crankcase emission standards) for the control of emissions
from new motor vehicles or new motor vehicle engines prior to March 30,
1966, if the state determines that the state standards will be, in the
aggregate, at least as protective of public health and welfare as
applicable federal standards. California is the only state that is
qualified to seek and receive a waiver under section 209(b). The
Administrator must grant a waiver unless she finds that (A) the
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.
CARB's May 2001 letter to the Administrator notified EPA that it
had adopted amendments to its LEV program. These amendments include (1)
imposing passenger car exhaust emission standards on most sport utility
vehicles (SUVs), pick-up trucks, and mini-vans; (2) lower exhaust
emission standards for all light- and medium-duty vehicles; (3)
reductions in evaporative emission standards; (4) additional mechanisms
for the generation of ZEV credits; and (5) establishment of "CAP
2000" certification requirements.
When EPA receives new waiver requests from CARB, EPA traditionally
publishes a notice of opportunity for public hearing and comment and
then publishes a decision in the Federal Register following the public
comment period. In contrast, when EPA receives within the scope waiver
requests from CARB, EPA traditionally publishes a decision in the
Federal Register and concurrently invites public comment if an
interested part is opposed to EPA's decision.
Because CARB seeks a new waiver for nearly all of the requirements
in its LEVII regulations, and because EPA has already received written
comment on CARB's within the scope request for its 1999 ZEV amendments,
EPA invites comment on the following issues: (1) Whether California's
1999 ZEV amendments (a) 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, (b) affect
the consistency of California's requirements with section 202(a) of the
Act, and (c) raise new issues affecting EPA's previous waiver
determinations; and (2) Whether (a) California's determination that its
standards (including its LEVII standards and including the 1999 ZEV
amendments to the extent they are not within the scope of previous
waivers), as referenced in its May 2001 request letter, are at least as
protective of public health and welfare as applicable federal standards
is arbitrary and capricious, (b) California needs separate standards to
meet compelling and extraordinary conditions, and (c) California's
standards and accompanying enforcement procedures are consistent with
section 202(a) of the CAA?
Procedures for Public Participation
In recognition that public hearings are designed to give interested
parties an opportunity to participate in this proceeding, there are no
adverse parties as such. Statements by participants will not be subject
to cross-examination by other participants without special approval by
the presiding officer. The presiding officer is authorized to strike
from the record statements that he or she deems irrelevant or
repetitious and to impose reasonable time limits on the duration of the
statement of any participant.
If hearing(s) are held, the Agency will make a verbatim record of
the
[[Page 35811]]
proceedings. Interested parties may arrange with the reporter at the
hearing(s) to obtain a copy of the transcript at their own expense.
Regardless of whether public hearing(s) are held, EPA will keep the
record open until July 22, 2002. Upon expiration of the comment period,
the Administrator will render a decision on CARB's request based on the
record of the public hearing(s), if any, relevant written submissions,
and other information that she deems pertinent. All information will be
available for inspection at EPA Air Docket. (Docket No.
A-99-26).
EPA requests that parties wishing to submit comments specify which
issue, noted above, they are addressing. Commenters may submit one
document which addresses several issues but they should separate, to
the extent possible, those comments that relate to the 1999 ZEV
amendments from those that relate to the LEVII amendments.
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
nonconfidential 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: May 14, 2002.
Robert D. Brenner,
Deputy Assistant Administrator for Air and Radiation.
[FR Doc. 02-12709 Filed 5-20-02; 8:45 am]
BILLING CODE 6560-50-P