[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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