[Federal Register Volume 72, Number 92 (Monday, May 14, 2007)]
[Pages 27114-27115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9207]




California State Motor Vehicle Pollution Control Standards; 
California Heavy-Duty On-Highway Otto-Cycle Engines and Incomplete 
Vehicles Regulations; Within-the-Scope Request; Opportunity for Public 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing and comment.


SUMMARY: The California Air Resources Board (CARB) has notified EPA 
that it has adopted amendments to the California heavy-duty otto-cycle 
regulations for 2004, 2005 through 2007, and for the 2008 and 
subsequent model years. Three different emissions standards apply to 
the 2004, 2005-2007, and 2008 model years respectively. By letter dated 
December 7, 2005, CARB submitted a request seeking EPA confirmation 
that its amendments affecting these model years be considered within-
the-scope of previously granted waivers of preemption under section 
209(b) of the Clean Air Act (CAA), 42 U.S.C. 7543(b). 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 June 13, 2007 beginning at 10 a.m. EPA will hold a hearing 
only if a party notifies EPA by June 4, 2007, expressing its interest 
in presenting oral testimony. By June 8, 2007, 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 July 13, 2007.

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 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 EPA-HQ-OAR-
2006-0018. 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 at 10 

FOR FURTHER INFORMATION CONTACT: David Dickinson, Compliance and 
Innovative Strategies 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].
    Obtaining Electronic Copies of Documents: Submit your comments, 
identified by Docket ID No. EPA-HQ-2005-0133, by one of the following 
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected]
     Fax: (202) 343-2804.
     Mail: U.S. Environmental Protection Agency, EPA West (Air 
Docket), 1200 Pennsylvania Ave., NW., Room B108, Mail Code 6102T, 
Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2005-0133. 
Please include a total of two copies.
     Hand Delivery: EPA Docket Center, EPA/DC, EPA West, Room 
B102, 1301

[[Page 27115]]

Constitution Ave., NW., Washington, DC 20460. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information. 
Instructions: Direct your comments to Docket ID No EPA-HQ-OAR-2005-
    EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or e-
    The http://www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through http://www.regulations.gov your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. 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. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy.

    (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.
    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 party 
is opposed to EPA's decision.
    Although CARB has submitted a within the scope waiver request, EPA 
invites comment on the following issues: Whether California's 
standards, 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 standards 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.

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 July 13, 2007. 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 great possible 
extent and label it as ``Confidential Business Information'' (CBI). If 
a person making comments want EPA to base its decision in part on a 
submission labeled CBI, then a non-confidential 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: May 8, 2007.
Elizabeth Craig,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. E7-9207 Filed 5-11-07; 8:45 am]