[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Notices]
[Pages 59920-59922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22488]
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ENVIRONMENTAL PROTECTION AGENCY
[AMS-FRL-7824-6]
California State Motor Vehicle Pollution Control Standards;
Notice of Within-the-Scope Determinations for Amendments to
California's Heavy-Duty Vehicle and Engine Standards for 1995 Urban Bus
and 1998 NOX Regulations
AGENCY: Environmental Protection Agency.
ACTION: Notice Regarding Within-the-Scope Determinations.
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SUMMARY: The California Air Resources Board (CARB) requested that EPA
confirm CARB's finding that amendments to its heavy-duty diesel powered
vehicles and engines regulations, including its 1998 NOX
standards, are within-the-scope of a prior waiver of Federal preemption
issued under section 209(b) of the Clean Air Act (Act), 42 U.S.C.
7543(b). In a separate request CARB sought EPA confirmation that CARB's
finding that amendments to its heavy-duty diesel powered vehicle and
engine regulations, including its 1995 urban bus standards, are within-
the-scope of a prior waiver of Federal preemption. EPA in this notice
has made the requested confirmation for the amendments in CARB's
requests.
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 contained in the public docket. The official public docket is the
collection of materials that is available for public
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viewing. The EPA Docket Center Public Reading Room is open from 8:30
a.m. 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 numbers for these dockets are A-2000-45 and A-2002-16.
The location of the Docket Center is the Environmental Protection
Agency, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. Copies of the Decision Document for this determination
can also be obtained by contacting David Dickinson as noted below, or
can be accessed on the EPA's Office of Transportation and Air Quality
Web site, also noted below.
FOR FURTHER INFORMATION CONTACT: David Dickinson, Attorney-Advisor,
Certification and Compliance Division, (6405J), U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Telephone: (202) 343-9256, fax: (202) 343-2804, e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Electronic Copies of Documents
Electronic copies of this Notice and the accompanying Decision
Document are available via the Internet on the Office of Transportation
and Air Quality (OTAQ) Web site (http://www.epa.gov/OTAQ). Users can
find these documents by accessing the OTAQ Home Page and looking at the
path entitled ``Chronological List of All OTAQ Regulations.'' This
service is free of charge, except for any cost you already incur for
Internet connectivity. The official Federal Register version of the
Notice is made available on the day of publication on the primary Web
site (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.
II. 1998 NOX Regulations
I have determined that amendments to the CARB's heavy-duty diesel
powered vehicles and engines regulation are within-the-scope of a prior
waivers issued under section 209(b) of the Clean Air Act (Act), 42
U.S.C. 7543(b), granted by EPA to CARB.\1\ The amendments to the
regulations, outlined in CARB's request letter \2\, and fully described
in CARB's submissions, provide for: (1) A mandatory 4.0 g/bhp-hr
NOX standard for heavy-duty engines and vehicles for the
1998 and subsequent model years which parallels EPA's adoption of this
standard; (2) optional, lower NOX emission standards
beginning with the 1995 model year; (3) changing the ``useful life''
definition for heavy-duty engines and vehicles under Title 13,
California Code of Regulations, section 2112, by extending the period
of ``useful life'' from eight to ten years while maintaining the
applicable, alternative mileage provisions that range from 110,000 to
290,000 miles (whichever occurs first); and (4) implementing new
requirements for the California Motor Vehicle Emission Control Label
Specifications in order to identify those engines which are certified
to the optional, lower emission standards.
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\1\ CARB generally aligned the California heavy-duty engine
emission standards with the comparable Federal standards and
procedures. EPA granted waivers for the aligned gasoline engine
standards (53 FR 7022 (March 4, 1988)) and diesel engine standards
(53 FR 7021 (March 4, 1988) and 52 FR 20777 (June 3, 1987)).
\2\ Docket entry A-2000-45, II-B-1, letter to EPA, from CARB,
dated February 27, 1997.
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In a February 27, 1997, letter to EPA, CARB notified EPA of the
above-described amendments to its heavy-duty vehicle and engine
regulations and asked EPA to confirm that these amendments are within-
the-scope of previous waivers. EPA can make such a confirmation if
certain conditions are present. Specifically, if California acts to
amend a previously waived standard or accompanying enforcement
procedure, the amendments may be considered within-the-scope of a
previously granted waiver provided that it does not undermine
California's determination that its standards in the aggregate are as
protective of public health and welfare as applicable Federal
standards, does not affect the consistency with section 202(a) of the
Act, and raises no new issues affecting EPA's previous authorization
determination.\3\
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\3\ Decision Document accompanying scope of waiver determination
in 51 FR 12391 (April 10, 1986).
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In its request letter, CARB stated that the amendments will not
cause the California standards, in the aggregate, to be less protective
of public health and welfare than the applicable Federal standards.
Regarding consistency with section 202(a), CARB stated that the
amendments do not raise any concerns of inadequate leadtime or
technological feasibility or impose any inconsistent certification
requirements (compared to the Federal requirements). Finally, CARB
stated that the amendments raise no new issues affecting the prior EPA
authorization determinations.
EPA received no comments in opposition to CARB's findings and thus
there is nothing in the record to support a denial of CARB's request.
In addition, EPA's analysis confirms CARB's finding that the criteria
for these amendments meeting a within-the-scope designation have been
met. Thus, EPA finds that these amendments are within-the-scope of
previous authorizations. A full explanation of EPA's decision is
contained in a Decision Document which may be obtained from EPA as
noted above.
III. CARB's 1995 Urban Bus Standards
I have determined that amendments to the CARB's heavy-duty diesel
powered vehicles and engines regulation are within-the-scope of prior
waivers issued under section 209(b) of the Clean Air Act (Act), 42
U.S.C. 7543(b), granted by EPA to CARB.\4\ The amendments to the
regulations, outlined in CARB's request letter \5\, and fully described
in CARB's submissions, provide for: (1) An alignment of California's
particulate matter (PM) standards with Federal standards for such
engines in the 1994 and 1995 model years and with the Federal PM
standards starting in the 1996 model year; (2) a NOX
standard starting in the 1996 model year for urban buses; (3) an
adoption of the Federal urban bus definition; (4) an exemption from the
4.0 g/bhp-hr NOX standard for up to 10 percent of urban bus
sales for model years 1996 and 1997; (5) an allowance to use California
diesel fuel for certifying 1996 and 1997 model year urban buses and in
1998 and thereafter the applicable Federal test fuel; (6) an optional,
lower NOX emission standard beginning with the 1994 model
year; (7) changing the useful life definition for 1994 and later urban
buses; and (8) new requirements for Label Specifications
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\4\ CARB generally aligned the California heavy-duty engine and
vehicle emission standards with the comparable Federal standards and
procedures. EPA granted waivers for the aligned gasoline engine
standards (53 FR 7022 (March 4, 1988) and diesel engine standards
(53 FR 7021 (March 4, 1988) and 52 FR 20777 (June 3, 1987)).
\5\ Docket entry A-2002-16, II-A-1, letter to EPA, from CARB,
dated December 26, 1995.
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In a December 26, 1995 letter to EPA, CARB notified EPA of the
above-described amendments to its heavy-duty vehicle and engine
regulations and asked EPA to confirm that these amendments are within
the scope of previous waivers.
In its request letter, CARB stated that the amendments will not
cause the California standards, in the aggregate, to
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be less protective of public health and welfare than the applicable
Federal standards. Regarding consistency with section 202(a), CARB
stated that the amendments do not raise any concerns of inadequate
leadtime or technological feasibility or impose any inconsistent
certification requirements (compared to the Federal requirements).
Finally, CARB stated that the amendments raise no new issues affecting
the prior EPA authorization determinations.
EPA received no comments in opposition to CARB's findings and thus
there is nothing in the record to support a denial of CARB's request.
In addition, EPA's analysis confirms CARB's finding that the criteria
for these amendments meeting a within-the-scope designation have been
met. Thus, EPA finds that these amendments are within-the-scope of
previous authorizations. A full explanation of EPA's decision is
contained in a Decision Document which may be obtained from EPA as
noted above.
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 heavy-duty diesel powered engines and
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 Appeals for the
District of Columbia Circuit. Petitions for review must be filed by
December 6, 2004. Under section 307(b)(2) of the Act, judicial review
of this final action may not be obtained in subsequent enforcement
proceedings.
EPA's determination that these California regulations are within-
the-scope of prior authorizations by EPA does not constitute a
significant regulatory action under the terms of Executive Order 12866
and this action is therefore not subject to Office of Management and
Budget review.
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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, does not
apply because this action is not a rule, for purposes of 5 U.S.C.
804(3).
Finally, the Administrator has delegated the authority to make
determinations regarding authorizations under section 209(b) of the Act
to the Assistant Administrator for Air and Radiation.
Dated: September 28, 2004.
Jeffrey R. Holmstead,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 04-22488 Filed 10-5-04; 8:45 am]
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