[Federal Register Volume 68, Number 212 (Monday, November 3, 2003)]
[Notices]
[Pages 62295-62298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27554]


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ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-7582-4]


California State Motor Vehicle Pollution Control Standards; 
Request for Waiver of Federal Preemption; Opportunity for Public 
Hearing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing and comment.

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SUMMARY: The California Air Resources Board (CARB) has notified the EPA 
that it has promulgated regulations controlling emissions from off-
cycle aggressive driving and air-conditioning usage for motor vehicles 
under 8,501 pounds gross vehicle weight rating with a phase-in of the 
requirements commencing in the 2001 model year. By letter dated January 
29, 1999, CARB requests that the EPA provide California with a waiver 
of Federal preemption under section 209(b) of the Clean Air Act, 42 
U.S.C. 7543(b), for these new test procedures and standards. 
Specifically, CARB's regulations adopt the two supplemental federal 
test procedures (SFTP)-- the US06, high-speed, high-acceleration test; 
and the SC03 air conditioner test, and associated certification 
standards. This notice announces that EPA has tentatively scheduled a 
public hearing concerning California's request and that EPA is 
accepting comments on CARB's request.

DATES: EPA has tentatively scheduled a public hearing for December 3, 
2003, beginning at 10 a.m. EPA will hold a hearing only if a party 
notifies EPA by November 24, 2003, expressing its interest in 
presenting oral testimony regarding CARB's waiver request. By November 
28, 2003, any person who plans to attend the hearing should call David 
Dickinson of the EPA's Certification and Compliance Division at (202) 
564-9256, to learn if we will hold a hearing. Any party may submit 
written comments by December 3, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, by 
facsimile, or through hand delivery/courier. Follow the detailed 
instructions as provided in section ``B'' of the SUPPLEMENTARY 
INFORMATION section. EPA will make available for public inspection at 
the Air and Radiation

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Docket at EPA's Docket Center written comments received from interested 
parties, in addition to any testimony given at the public hearing. The 
reference number for this docket is OAR-2003-0187. Parties wishing to 
present oral testimony at the public hearing should provide written 
notice to David Dickinson at: U.S. Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., (6405J), Washington, DC 20460. Telephone: 
(202)564-9256. If EPA receives a request for a public hearing, the 
public hearing will be held in the first floor conference room at 501 
3rd Street, NW., Washington, DC.

SUPPLEMENTARY INFORMATION:

A. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under Docket OAR-2003-0187. The official public docket consists 
of the documents specifically referenced in this action, any public 
comments received, and other information related to this action. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the Air and Radiation Docket in the EPA Docket Center, (EPA/DC) EPA 
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA 
Docket Center Public Reading Room is open from 8:30 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.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in section ``A.1.''
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, by facsimile, or 
through hand delivery/courier. To ensure proper receipt by EPA, 
identify the appropriate docket identification number in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD-ROM you submit, and in any cover letter accompanying 
the disk or CD-ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``search,'' and then key in Docket ID No. OAR-
2003-0187. The system is an ``anonymous access'' system, which means 
EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to 
www.A-and-R-docket.epa.gov, Attention Docket ID No. OAR-2003-0187. In 
contrast to EPA's electronic public docket, EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
to the Docket without going through EPA's electronic public docket, 
EPA's e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM 
that you mail to the mailing address identified in section ``A. 1.'' 
These electronic submissions will be accepted

[[Page 62297]]

in WordPerfect or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By Mail. Send your comments to: U.S. Environmental Protection 
Agency, EPA West (Air Docket), 1200 Pennsylvania Avenue, NW., Room B108 
Mailcode: 6102T, Washington, DC 20460, Attention Docket ID No. OAR-
2003-0187
    3. By Hand Delivery or Courier. Deliver your comments to: EPA 
Docket Center (Air Docket), Environmental Protection Agency, 1301 
Constitution Avenue, NW., Room B108, Washington, DC 20004, Attention 
Docket ID No. OAR-2003-0187. Such deliveries are only accepted during 
the Docket's normal hours of operation as identified in section 
``A.1.''
    4. By Facsimile. Fax your comments to: (202) 566-1742, Attention 
Docket ID. No. OAR-2003-0187.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. 
Send or deliver information identified as CBI only to the addresses 
noted in B. 2 or B. 3 above, Attention Docket ID No. OAR-2003-0187. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD-ROM, 
mark the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is CBI). Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD-ROM, mark the outside 
of the disk or CD-ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

E. 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 he 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 January 29, 1999, letter to the Administrator notified EPA 
that it had adopted new standards and test procedures to control 
emissions from aggressive driving and air conditioning use. This 
regulatory action consisted of amendments to CARB's regulations found 
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 Passenger Cars, Light-Duty 
Trucks and Medium-Duty Vehicles,'' ``California New Vehicle Compliance 
Test Procedure,'' and ``California Assembly-Line test Procedures for 
1998 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and 
Medium-Duty Vehicles.''
    EPA invites comment on the following issues: Whether (a) 
California's determination that its standards (including its new test 
procedures and associated standards noted above and in its January 29, 
1999, 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 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 December 3, 2003. 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 he deems pertinent.


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    Dated: October 20, 2003.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 03-27554 Filed 10-31-03; 8:45 am]
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