California State Motor Vehicle Pollution Control Standards;
Waiver of Federal Preemption; Notice of Decision
[Federal Register: August 26, 2005 (Volume 70, Number 165)]
[Notices]
[Page 50322-50324]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au05-84]
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ENVIRONMENTAL PROTECTION AGENCY
[AMS-FRL-7961-1]
California State Motor Vehicle Pollution Control Standards;
Waiver of Federal Preemption; 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 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, the California Air Resources
Board (CARB) requested that EPA grant California a waiver of federal
preemption for its 2007 California Heavy Duty Diesel Engine Standards,
which primarily align California's standards and test procedures with
the federal standards and test procedures for 2007 and subsequent model
year vehicles and engines.
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 and Information
Center (Air Docket). Materials relevant to this decision are contained
in Docket No. OAR-2004-0132. The docket is located
[[Page 50323]]
at The Air Docket, room B-108, 1301 Constitution Avenue, NW.,
Washington, DC 20460, and may be viewed between 8 a.m. and 5:30 p.m.,
Monday through Friday. The telephone number is (202) 566-1742. A
reasonable fee may be charged by EPA for copying docket material.
Additionally, 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.regulations.gov/ 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 electronic docket system, select ``search,'' then key in
the appropriate docket ID number for Docket OAR-2004-0132.
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, ``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/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, Ariel Rios
Building (6405J), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Telephone: (202) 343-9256. E-Mail Address: Dickinson.David@EPA.GOV.
SUPPLEMENTARY INFORMATION: I have decided to grant California a waiver
of federal preemption pursuant to section 209(b) of the Act for the
2007 California Heavy Duty Diesel Engine Standards.\1\
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\1\ The CARB Board approved the 2007 Heavy Duty Diesel Engine
Standards by Resolution 01-38 on October 25, 2001 (See Attachment 1
to CARB's July 16, 2004 Waiver Request Letter). The regulations
covered by today's waiver include CARB's amendments to title 13,
California Code of Regulations (CCR), section 1956.8. The specific
regulatory text and the incorporated document covered by the 2007
Heavy Duty Diesel Engine Standards regulation are: section 1956.8,
title 13, CCR, as shown in Attachment 2 to CARB's Waiver Request
Letter, and 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. For further
discussion of the regulations covered by today's decision please see
the Decision Document.
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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.
As further explained in the Decision Document supporting today's
decision, EPA received a series of comments supporting CARB's request
for a waiver of federal preemption. EPA did not receive any comment
suggesting that CARB's request should be denied or a decision delayed
based on the criteria set forth in section 209(b) of the Act. EPA did
receive comment that the waiver of federal preemption should otherwise
be delayed, but for the reasons set forth below and further discussed
in the Decision Document, EPA is granting CARB's request for a waiver
of federal preemption.
CARB determined that its 2007 California Heavy Duty Diesel Engine
Standards do not cause California's standards, in the aggregate, to be
less protective of public health and welfare than the applicable
Federal standards. No information has been submitted to demonstrate
that California's standards, in the aggregate, are less protective of
public health and welfare than the applicable Federal standards. Thus,
EPA cannot make a finding that CARB's determination, that its 2007
California Heavy Duty Diesel Engine Standards 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 2007 California
Heavy Duty Diesel Engine Standards. 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 2007
California Heavy Duty Diesel Engine Standards 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 2007 California
Heavy Duty Diesel Engine Standards are inconsistent with section 202(a)
of the Act. Accordingly, I hereby grant the waiver requested by California.
This 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
October 25, 2005. 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 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. sec. 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.
[[Page 50324]]
Dated: August 19, 2005.
Jeffrey R. Holmstead,
Assistant Administrator for Air and Radiation.
[FR Doc. 05-17037 Filed 8-25-05; 8:45 am]
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