[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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