[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Notices]
[Pages 75500-75502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32208]


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ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-7605-7]


California State Motor Vehicle Pollution Control Standards; 
Within the Scope Requests; Opportunity for Public Hearing and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing and public comment.

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SUMMARY: The California Air Resources Board (CARB) has notified EPA 
that it has approved amendments to its regulations establishing 
certification requirements and procedures for heavy-duty diesel engines 
and vehicles. The amendments require heavy-duty engines and vehicles 
(except urban buses) to meet a new mandatory oxides of nitrogen 
(NOX) standard in 1998 and subsequent model years and 
establish optional NOX standards beginning with the 1995 
model year. CARB's amendments also provide a new definition of useful 
life for these vehicles and require new information within California's 
motor vehicle emission control label. CARB requests that EPA confirm 
CARB's finding that its amendments are within-the-scope of previous 
waivers issued by EPA under section 209(b) of the Clean Air Act (Act), 
42 U.S.C. 7543(b), including a waiver of Federal preemption for 
California's heavy-duty diesel powered engines and vehicles, which EPA 
approved on March 4, 1988.
    CARB has also notified EPA that it has approved amendments to its 
regulations establishing certification requirements and procedures for 
heavy-duty diesel engines and vehicles defined as urban buses. These 
amendments update the emission standards for particulate matter (PM) 
and NOX for urban buses and align California's PM standards 
with Federal standards for such engines in the 1994 and 1995 model 
years. These amendments also align California PM standards with the 
Federal PM standard for 1996 and later model years and California's 
NOX standard with Federal standards starting in the 1996 
model year. The amendments also provide for an optional, more 
stringent, NOX emission standard beginning with the 1994 
model year. CARB's amendments also provide a new definition of useful 
life for these vehicles and require new information within California's 
motor vehicle emission control label. CARB requests that EPA confirm 
CARB's finding that its amendments are within-the-scope of previous 
waivers issued by

[[Page 75501]]

EPA under section 209(b) of the Clean Air Act (Act), 42 U.S.C. 7543(b), 
including a waiver of Federal preemption for California's heavy-duty 
diesel powered engines and vehicles, which EPA approved on March 4, 
1988.

DATES: EPA has tentatively scheduled a public hearing for January 30, 
2004, beginning at 10 a.m. EPA will hold a hearing only if a party 
notifies EPA by January 15, 2004, expressing its interest in presenting 
oral testimony regarding CARB's requests or other issues noted in this 
notice. By January 20, 2004, any person who plans to attend the hearing 
should call David Dickinson of EPA's Certification and Compliance 
Division at (202) 343-9256 to learn if we will hold a hearing. Any 
party may submit written comments by January 30, 2004.

ADDRESSES: EPA will make available for public inspection at the Air and 
Radiation Docket written comments received from interested parties, in 
addition to any testimony given at the public hearing. 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. 
The reference numbers for these dockets are A-2000-45 and A-2002-16. 
Parties wishing to present oral testimony at the public hearing(s) 
should provide written notice to David Dickinson at the address noted 
below; parties should also submit any written comments to David 
Dickinson. If EPA receives a request for a public hearing, EPA will 
hold the public hearing at 1310 L St., NW., Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Certification and 
Compliance Division (6405J), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 343-
9256, Fax: (202) 342-2804, e-mail address: [email protected].
    EPA makes available an electronic copy of this notice on the Office 
of Transportation and Air Quality's (OTAQ's) homepage (http://www.epa.gov/otaq/). Users can find this document by accessing the OTAQ 
homepage and looking at the path entitled ``Regulations.'' This service 
is free of charge, except any cost you already incur for Internet 
connectivity. Users can also get the official Federal Register version 
of the notice 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. 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) 343-9256. If EPA receives request for a public 
hearing, the public hearing will be held

SUPPLEMENTARY INFORMATION: 

I. Background

    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 emissions 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. 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 submitted a February 27, 1997 letter to the Administrator 
notifying EPA that it had adopted amendments to its heavy-duty diesel 
powered vehicles and engines program. These amendments provide for: (1) 
A mandatory 4.0g/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 
miles 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.
    CARB asserts, and requests that the Administrator determine, that 
its NOX emission standards and useful life definition fall 
within-the-scope of EPA's previously granted waiver, and thereby may be 
deemed to meet the requirements of section 209(b) of the Act set forth 
above.
    CARB also submitted a December 26, 1995 letter to the Administrator 
notifying EPA that it had adopted amendments to its standards for 
heavy-duty diesel powered vehicles and engines defined as urban buses. 
These amendments provide for: (1) An alignment of California's PM 
standards (0.07 g/bhp-hr) with Federal standards for such engines in 
the 1994 and 1995 model years and with the Federal PM standard (0.05 g/
bhp-hr with a 0.07 g/bhp-hr in-use standard) used in 1996 and later 
model years; (2) a NOX standard (4.0g/bhp-hr) starting in 
the 1996 model year for urban buses; (3) 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 standards beginning with the 1994 model year; (7) changing the 
``useful life'' definition for 1994 and later urban buses from eight to 
ten years while maintaining the alternative mileage provision at 
290,000 miles (whichever occurs first); and (8) implementing new 
requirements for the California Motor Vehicle Emission Control Label 
Specifications in order to identify those engines which are certified 
to the optional emission standards.
    CARB asserts, and requests that the Administrator determine, that 
its NOX and PM emission standards and useful life definition 
fall within-the-scope of

[[Page 75502]]

EPA's previously granted waiver, and thereby may be deemed to meet the 
requirements of section 209(b) of the Act set forth above.
    EPA has decided in the past that when California's amendments: (1) 
Do not undermine the previous determination that California's 
standards, in the aggregate, are at least as protective of public 
health and welfare as comparable Federal standards; (2) do not affect 
the consistency of California's requirements with section 202(a) of the 
Act; and (3) raise no new issues affecting EPA's previous waiver 
determinations, that EPA's concurrence that the amendments are within-
the-scope of a previous waiver determination is merited.
    When EPA receives new waiver requests from CARB, EPA publishes a 
notice of opportunity for public hearing and comment and then publishes 
a decision in the Federal Register following the public comment period. 
In contrast, when EPA receives within-the-scope waiver requests from 
CARB, EPA traditionally publishes a decision in the Federal Register 
and concurrently invites public comment if an interested party is 
opposed to EPA's decision.
    EPA invites comment on the following issues before making a 
determination for CARB's within-the-scope requests: (1) Should EPA 
consider CARB's requests as within-the-scope of a previous waiver 
request or should they be considered and examined as new waiver 
requests? (2) If EPA were to consider CARB's requests as within-the-
scope requests then do California's respective amendments (a) undermine 
California's previous determinations that its standards, in the 
aggregate, are at least as protective of public health and welfare as 
comparable Federal standards, (b) affect the consistency of 
California's requirements with section 202(a) of the Act, and (c) raise 
new issues affecting EPA's previous waiver determinations? (3) If EPA 
were to consider CARB's requests as new waiver requests, then provide 
comment on (a) whether California's determinations that its standards 
are at least as protective of public health and welfare as applicable 
Federal standards is arbitrary and capricious, (b) whether California 
needs separate standards to meet compelling and extraordinary 
conditions, and (c) whether California's standards and accompanying 
enforcement procedures are consistent with section 202(a) of the Act.

II. Procedures for Public Participation

    If a public hearing is held, any party desiring to make an oral 
statement on the record should file ten (10) copies of its proposed 
testimony and other relevant material with David Dickinson at the 
address listed above no later than January 28, 2004. In addition, the 
party should submit 25 copies, if feasible, of the planned statement to 
the presiding officer at the time of the hearing.
    In recognition that a public hearing is 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 with 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 a hearing is held, the Agency will make a verbatim record of the 
proceedings. Interested parties may arrange with the reporter at the 
hearing to obtain a copy of the transcript at their own expense. 
Regardless of whether a public hearing is held, EPA will keep the 
record open until March 1, 2004. Upon expiration of the comment period, 
the Administrator will render a decision on CARB's request based on the 
record of the public hearing, if any, relevant written submissions, and 
other information that he deems pertinent.
    Persons with comments containing proprietary information must 
distinguish such information from other comments to the greatest 
possible extent and label it as ``Confidential Business Information'' 
(CBI). If a person making comments wants EPA to base its decision in 
part on a submission labeled CBI, then a nonconfidential version of the 
document that summarizes the key data or information should be 
submitted for the public docket. To ensure that proprietary information 
is not inadvertently placed in the docket, submissions containing such 
information should be sent directly to the contact person listed above 
and not to the public docket. Information covered by a claim of 
confidentiality will be disclosed by EPA only to the extent allowed and 
by the procedures set forth in 40 CFR part 2. If no claim of 
confidentiality accompanies the submission when EPA receives it, EPA 
will make it available to the public without further notice to the 
person making comments.

    Dated: December 19, 2003.
Robert Brenner,
Acting Assistant Administrator for Office of Air and Radiation.
[FR Doc. 03-32208 Filed 12-30-03; 8:45 am]
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