[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23497]


[[Page Unknown]]

[Federal Register: September 22, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-5075-1]

 

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

AGENCY: Environmental Protection Agency.

ACTION: Notice Regarding Waiver of Federal Preemption.

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SUMMARY: EPA is granting California a waiver of Federal preemption 
pursuant to section 209(b) of the Clean Air Act, as amended, beginning 
in the 1995 model year to enforce amendments to its motor vehicle 
pollution control program which establish the following: New emission 
standards which are phased in over model years 1995 and 1996 (50% and 
100%); and certification and compliance test procedures and durability 
requirements. These standards and procedures are applicable to light-
duty trucks (LDTs), medium-duty vehicles and engines (MDVs), and light 
heavy-duty vehicles and engines (LHDVs) for the control of hydrocarbon 
(HC), carbon monoxide (CO), oxides of nitrogen (NOX), and 
particulate matter (PM) emissions. The standards apply to gasoline, 
gaseous-fueled, diesel and methanol-fueled and flexible-fueled vehicles 
and engines (hereinafter ``MDV'' request).
    California further amended the MDV standards addressed in this 
waiver during the establishment of California's Low Emission Vehicle 
(LEV) Program. In January of 1993 EPA granted California waiver of 
Federal preemption for the LDV component of the LEV Program. Action on 
the MDV component of the LEV Program was postponed until the earlier 
MDV standards which are the subject of today's waiver were acted upon. 
The MDV component of the LEV Program will be addressed soon and 
documents relative to its disposition may be found in Docket A-91-71.

ADDRESSES: The Agency's decison as well as all documents relied upon in 
reaching that decision, including those submitted by the California Air 
Resources Board, are available for public inspection in the Air and 
Radiation Docket and Information Center in Docket A-91-55 during the 
working hours of 8 a.m. to 4 p.m. at the Environmental Protection 
Agency, Air Docket (6102), Room M-1500, Waterside Mall, 401 M Street, 
SW., Washington, DC 20460. Copies of the decision can be obtained from 
EPA's Manufacturers Operations Division by contacting Leila Holmes 
Cook, as noted below.

FOR FURTHER INFORMATION CONTACT: Leila Holmes Cook, Attorney/Advisor, 
Manufacturers Operations Division (6405J), U.S. Environmental 
Protection Agency, 401 M Street SW., Washington, DC 20460. Telephone: 
(202) 233-9252.

SUPPLEMENTARY INFORMATION: I have decided to grant California a waiver 
of Federal preemption pursuant to section 209(b) of the Clean Air Act, 
as amended (Act), 42 U.S.C. 7543(b), for amendments to its motor 
vehicle pollution control program which establish the following: (1) 
New emission standards which are phased in over model years 1995 and 
1996 (50% and 100%); and (2) certification and compliance test 
procedures and durability requirements. These standards and procedures 
are applicable to light-duty trucks (LDTs), medium-duty vehicles and 
engines (MDVs), and light heavy-duty vehicles and engines (LHDVs) for 
the control of hydrocarbon (HC), carbon monoxide (CO), oxides of 
nitrogen (NOX), and particulate matter (PM) emissions. The 
standards apply to gasoline, gaseous-fueled, diesel and methanol-fueled 
vehicles and engines (hereinafter ``MDV'' request).
    This decision addresses two related waiver requests. In the first, 
by letter dated July 15, 1991, the California Air Resources Board 
(CARB) submitted to the U.S. Environmental Protection Agency (EPA) a 
request for waiver of Federal preemption to enforce new medium-duty 
vehicle standard amendments to its motor vehicle pollution control 
program.1
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    \1\See letter from James D, Boyd, Executive Officer, CARB, to 
William K. Reilly, Administrator, EPA, dated July 15, 1991.
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    The second waiver request addresses dedicated-methanol and 
flexible-fuel passenger cars, LDTs, MDVs and heavy-duty engines for 
model years 1993 and 1994.2 On August 14, 1992, EPA waived 
application of section 209(a) of the Act for California's amendments to 
its exhaust and evaporative emission standards and test procedures that 
made those standards and procedures applicable to dedicated-methanol 
and flexible-fuel passenger cars, light-duty trucks, medium-duty 
vehicles, and heavy-duty engines, for model years 1993 and 1994 
(Methanol waiver).3 The methanol regulations addressed in the 
August 14, 1992 decision had the effect of applying to dedicated 
methanol and flexible-fuel vehicles standards previously applicable 
only to otto- and diesel-cycle vehicles and engines. Because the 
underlying new medium-duty vehicle standards for the 1995 and later 
model years had not been the subject of a waiver decision, EPA 
postponed its decision regarding a waiver for such standards as applied 
to methanol and flexible-fueled light-duty trucks, medium-duty vehicles 
and engines and light-heavy-duty vehicles and engines for the 1995 and 
later model years until these underlying standards were acted 
upon.4 Both the underlying standards and the methanol standards 
are the subject of this waiver decision.
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    \2\See Methanol Waiver Decision Document at Air Docket A-90-29, 
page 10, footnote 14 and page 32, footnote 60.
    \3\57 Fed. Reg. 38503 (August 25, 1992); EPA Air Docket A-90-29.
    \4\Id. 
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    On the basis of the record before me,5 I cannot make the 
findings required for a denial of a waiver under section 209(b)(1) of 
the Act and applicable case law with respect to the amendments to 
California's motor vehicle pollution control program. Therefore, in 
today's MDV decision, EPA is granting to the State of California a 
waiver of application of section 209(a) of the Act for the California 
MDV standards as applied to dedicated-methanol and flexible-fuel otto-
cycle and diesel-cycle medium-duty vehicles and engines for model year 
1995 and following.6
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    \5\ The record is located in Air Docket A-90-29.
    \6\ The amended regulations are Title 13, California Code of 
Regulations (CCR) section 1956.8 and the incorporated ``California 
Exhaust Emission Standards and Test Procedures for 1985 and 
Subsequent Model Heavy-Duty Diesel-Powered Engines and Vehicles,'' 
``California Exhaust Emission Standards and Test Procedures for 1987 
and Subsequent Model Heavy-Duty Gasoline-Powered Engines and 
Vehicles''; 13 CCR 1960.1 and the incorporated ``California Exhaust 
Emission Standards and Test Procedures for 1988 and Subsequent Model 
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles''; 13 
CCR 1965 and the incorporated ``California Motor Vehicle Emission 
Control Label Specification;'' 13 CCR 1976 and the incorporated 
``California Evaporative Emission Standards and Test Procedures for 
1978 and Subsequent Model Liquefied Petroleum Gas- or Gasoline-
Powered Motor Vehicles;'' and 13 CCR 2290 and the incorporated 
``Specifications for Fill Pipes and Openings of Motor Vehicle Fuel 
Tanks.''
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    On January 9, 1992 EPA published a notice of opportunity for a 
public hearing and a request for written comments concerning 
California's request.7 EPA received no request for a hearing. EPA 
received joint written comments from the Engine Manufacturers 
Association (EMA) and the Motor Vehicle Manufacturers Association of 
America, Inc. (MVMA). Consequently, this determination is based on 
written submissions by CARB, the written comments submitted in response 
to the above-mentioned notice and all other relevant information.8
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    \7\57 FR 909 (January 9, 1991).
    \8\This information is contained in Docket A-91-55.
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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 these 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. Information presented to me by parties opposing 
California's waiver request did not demonstrate that California 
arbitrarily or capriciously reached this protectiveness determination. 
Therefore, I cannot find California's determination to be arbitrary or 
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. Information presented to me 
by parties opposing California's waiver request did not satisfy the 
burden of persuading EPA that the standards are not technologically 
feasible within the available lead time, considering costs. Thus, I 
cannot find that California's amendments 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 Appeals for the 
District of Columbia Circuit. Petitions for review must be filed by 
November 21, 1994. 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 26, 1994.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 94-23497 Filed 9-21-94; 8:45 am]
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