[Federal Register Volume 70, Number 11 (Tuesday, January 18, 2005)]
[Notices]
[Pages 2860-2861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-931]



[[Page 2860]]

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ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-7861-8]


California State Motor Vehicle Pollution Control Standards; 
Amendments to the California Zero Emission Vehicle (ZEV) Regulation; 
2003-2006 Model Years Within the Scope Request; 2007 and Subsequent 
Model Years Waiver Request; 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 four sets of amendments to the California ZEV 
regulation. By letter dated September 23, 2004, CARB requested that EPA 
confirm that its aggregated amendments from the four rulemakings as 
they affect model years 2003-2006 are within the scope of previous 
waivers of preemption issued by EPA. CARB also requests that EPA issue 
a new waiver of preemption for the aggregated amendments to the extent 
they are applicable to the 2007 and subsequent model years. This notice 
announces that EPA has tentatively scheduled a public hearing 
concerning California's requests and that EPA is accepting written 
comment on the requests.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's 
requests on February 17, 2005, beginning at 10 a.m. EPA will hold a 
hearing only if a party notifies EPA by February 7, 2005, expressing 
its interest in presenting oral testimony. By February 14, 2005, 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 requests based on written 
submissions to the docket. Any party may submit written comments by 
March 29, 2005.

ADDRESSES: EPA will make available for public inspection at the Air and 
Radiation Docket and Information Center materials submitted by CARB, 
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 number for 
this docket is OAR-2004-0437. 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.

Obtaining Electronic Copies of Documents:  EPA will make available an 
electronic copy of this Notice on the Office of Transportation and Air 
Quality's (OTAQ's) home page (http://www.epa.gov/otaq/). Users can find 
this document by accessing the OTAQ home page 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 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.

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].

SUPPLEMENTARY INFORMATION:

(A) Procedural History

    Within CARB's 1990-1991 California Low-Emission Vehicle (LEV I) 
rulemaking 10 percent of the passenger cars and LDT1s \1\ marketed by 
all but small volume manufacturers were required to be ZEVs starting in 
the 2003 model year. The ZEV program at that time also included a 
provision requiring that, beginning in model year 1998, 2 percent of 
all passenger cars and LDTs offered for sale by manufacturers in any 
model year must be ZEVs, this percentage increased to 5 percent in 
model year 2001. EPA issued a waiver of preemption for the LEV I 
regulations, including the ZEV provisions, in 1993. The ZEV program 
requirements were eliminated for model years 1998-2002 by CARB 
regulation in 1996, and EPA, in 2001, confirmed that the deletion of 
the model year 1998-2002 ZEV requirements was within the scope of 
previous waivers. In 1998-1999 CARB, as part of its LEV II rulemaking, 
adopted certain ZEV amendments (``1999 Amendments'') which set forth 
options for manufacturers to meet the 10 percent ZEV obligation in 2003 
and beyond. EPA has not yet considered the 1999 amendments in a waiver 
context and to the extent they are still applicable (remain in effect 
after both the 2001 and 2003 ZEV amendments) EPA now considers them by 
today's action.
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    \1\ Under CARB's regulations, and LDT1 is a light-duty truck 
having a loaded vehicle weight of 0-3750 pounds.
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    In 2001-2002 CARB adopted amendments that maintained certain 
provisions of the ZEV program for 2003 and subsequent model years and 
also included additional ZEV credit provisions (``2001 Amendments''). 
Although CARB initially requested that EPA confirm that these 
amendments were within the scope of previous waivers of preemption, 
CARB subsequently withdrew its request. By today's action EPA is 
considering portions of the 2001 amendments that were not eliminated by 
CARB's 2003 ZEV amendments. CARB's 2003 ZEV amendments delay the start 
of the percentage ZEV requirements from model year 2003 to model year 
2005 and make other changes; these amendments are also considered by 
today's action. In addition, CARB's 2002 amendments regarding 
conductive chargers on 2006 and subsequent model year battery electric 
vehicles are considered by today's action. Please see CARB's

[[Page 2861]]

waiver request letter for a complete description of the four sets of 
ZEV amendments and a document setting forth the text of the aggregated 
amendments to title 13, California Code of Regulations (CCR) covered by 
CARB's request compared to the preexisting regulatory text. The docket 
also includes the ``California Exhaust Emission Standards and Test 
Procedures for 2005 and Subsequent Model Zero-Emission Vehicles, and 
2001 and Subsequent Model Hybrid Electric vehicles, in the Passenger 
Car, Light-Duty Truck, and Medium-Duty Vehicle Classes,'' which was 
adopted by CARB on August 5, 1999, and last amended December 19, 2003, 
and which is incorporated by reference in the ZEV regulation.

(B) 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.
    When EPA receives new waiver requests from CARB, EPA traditionally 
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 usually publishes a decision in the Federal 
Register and concurrently invites public comment if an interested part 
is opposed to EPA's decision.
    Although CARB has submitted a within the scope waiver request for 
its ZEV amendments as applied to the 2003-2006 model years, EPA invites 
comment on the following issues: (1) Whether California's ZEV program 
amendments for the 2003-2006 model years and the ZEV program amendments 
for 2007 and subsequent model years should be considered together or 
separately; (2) whether California's 2003-2006 ZEV program amendments, 
within the context of a within the scope analysis (a) undermine 
California's previous determination 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. Please also 
provide comment that if CARB's 2003-2006 ZEV program amendments were 
not found to be within the scope of previous waivers and instead 
required a full waiver analysis, whether (a) CARB's determination that 
its standards, in the aggregate, 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 Act.
    EPA also invites comment on CARB's 2007 and subsequent model year 
ZEV program amendments, and whether (a) CARB's determination that its 
standards, in the aggregate, 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 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 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 29, 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, if any, relevant written 
submissions, and other information that he deems pertinent. All 
information will be available for inspection at EPA Air Docket. (Docket 
No. OAR-2004-0437).
    EPA requests that parties wishing to submit comments specify which 
issue, noted above, they are addressing. Commenters may submit one 
document which addresses several issues but they should separate, to 
the extent possible, those comments that relate to the 2003-2006 ZEV 
program amendments and those that relate to the 2007 and subsequent 
model year ZEV program amendments.
    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: January 10, 2005.
Jeffrey R. Holmstead,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 05-931 Filed 1-14-05; 8:45 am]
BILLING CODE 6560-50-P