[Federal Register Volume 69, Number 219 (Monday, November 15, 2004)]
[Notices]
[Pages 65594-65596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25304]


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ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-7837-7]


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 EPA 
that it has adopted amendments to the California heavy-duty diesel 
regulations for 2007 and subsequent model year vehicles and engines 
(``2007 California Heavy Duty Diesel Engine Standards'') and related 
test procedures including the not-to-exceed (NTE) and supplemental 
steady-state tests (``supplemental test procedures'') to determine 
compliance with applicable standards. By letter dated July 16, 2004, 
CARB submitted a request that EPA grant a waiver of preemption under 
section 209(b) of the Clean Air Act (CAA), 42 U.S.C. 7543(b) for these 
amendments. This notice announces that EPA has tentatively scheduled a 
public hearing concerning California's request and that EPA is 
accepting written comment on the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's 
request on December 15, 2004 beginning at 10 a.m. EPA will hold a 
hearing only if a party notifies EPA by December 6, 2004, expressing 
its interest in presenting oral testimony. By December 10, 2004, any 
person who plans to attend the hearing should call David Dickinson at 
(202) 343-9256 to learn if a hearing will be held. If EPA does not 
receive a request for a public hearing, then EPA will not hold a 
hearing, and instead consider CARB's request based on written 
submissions to the docket. Any party may submit written comments by 
January 24, 2005.

ADDRESSES: EPA will make available for public inspection at the Air and 
Radiation Docket and Information Center written comments received from 
interested parties, in addition to any

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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 number for 
this docket is OAR-2004-0132. Parties wishing to present oral testimony 
at the public hearing should provide written notice to David Dickinson 
at the address noted below. 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) 343-2804, e-mail address: [email protected]. EPA will 
make 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.
    Docket: An electronic version of the public docket is available 
through EPA's electronic public docket and comment system. 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. Although a part of the official docket, 
the public docket, the public docket does not include Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Once in the edocket system, select ``search,'' 
then key in the appropriate docket ID number.

SUPPLEMENTARY INFORMATION: 

(A) 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 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. 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 July 16, 2004, letter to the Administrator notified EPA that 
it had adopted amendments to its heavy-duty diesel vehicle and engine 
program. These amendments are to title 13, California Code of 
Regulations (CCR), section 1958.8. The specific regulatory text and the 
incorporated document covered by CARB's rulemaking are: section 1956.8, 
Title 13, CCR as shown in attachment 2 to CARB's July 16, 2004 letter; 
and the amendments to the related test procedures incorporated in 
section 1956.8(b), ``California Exhaust Emission Standards and Test 
Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and 
Vehicles,'' also shown in attachment 2.
    Please provide comment as to whether (a) California's determination 
that its amendments as referenced in its July 16, 2004, 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 Clean Air Act.

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 January 24, 2005. 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. All 
information will be available for inspection at EPA Air Docket. (OAR-
2004-0132).
    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

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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: November 8, 2004.
Jeffrey R. Holmstead,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 04-25304 Filed 11-12-04; 8:45 am]
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