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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 Hearing 



[Federal Register: May 14, 2007 (Volume 72, Number 92)]
[Notices]
[Page 27114-27115]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my07-35]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8314-3]

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 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 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 a.m.

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: 
Dickinson.David@EPA.GOV.
    Obtaining Electronic Copies of Documents: Submit your comments,
identified by Docket ID No. EPA-HQ-2005-0133, by one of the following
methods:
    • http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    • E-mail: dickinson.david@epa.gov.
    • 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-2005-0133.
    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-mail.
    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.

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.
    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]
BILLING CODE 6560-50-P

 
 

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