[Federal Register Volume 69, Number 198 (Thursday, October 14, 2004)]
[Notices]
[Pages 60995-60996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23035]
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ENVIRONMENTAL PROTECTION AGENCY
[AMS-FRL-7827-5]
California State Motor Vehicle Pollution Control Standards;
Waiver of Federal Preemption for Off-Cycle Emission Test Requirements;
Notice of Decision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice regarding waiver of federal preemption.
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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 for its regulations controlling emissions
from off-cycle aggressive driving and air-conditioning usage for motor
vehicles under 8,501 pounds gross vehicle weight rating. The California
Air Resources Board (CARB) requested that EPA grant California a waiver
of federal preemption for its regulations which incorporate EPA's two
supplemental federal test procedures (SFTP) and associated
certification standards.
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 at EPA's Docket
Center. The Docket Center is open from 8:30 to 4:30 p.m. Monday through
Friday, at EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The reference number for this docket is OAR-2003-0187.
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 Web site 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 electronic 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.
FOR FURTHER INFORMATION CONTACT: David J. Dickinson, Certification and
Compliance Division, U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue (6405J), NW., Washington, DC 20460. Telephone:
(202) 343-9256. 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 regarding
emissions from off-cycle aggressive driving (US06) and air-conditioning
(SC03) as set forth at 13 California Code of Regulations 1960.1, 2062,
and 2101 and the incorporated ``California Exhaust Emission Standards
and Test Procedures for 1988 and Subsequent Model Year Passenger Cars,
Light-Duty Trucks and Medium-Duty Vehicles,'' ``California New vehicle
Compliance Test Procedure,'' and ``California Assembly-Line Test
Procedures for 1988 and Subsequent Model Year Passenger Cars, Light-
Duty Trucks and Medium-Duty Vehicles.''
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 off-cycle aggressive driving and air-
conditioning usage 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. EPA cannot make a finding that CARB's determination,
that its 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 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
December 13, 2004. 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
[[Page 60996]]
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: September 30, 2004.
Jeffrey R. Holmstead,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 04-23035 Filed 10-13-04; 8:45 am]
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