[Federal Register: January 4, 2006 (Volume 71, Number 2)]
[Notices]
[Page 335-336]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja06-48]
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ENVIRONMENTAL PROTECTION AGENCY
[AMS-FRL-8018-3]
California State Motor Vehicle Pollution Control Standards;
Waivers 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 Engine Manufacturers Diagnostics
regulations for 2007 and subsequent model year heavy-duty vehicle
engines (2007 EMD standards). By letter dated March 7, 2005, the
California Air Resources Board (CARB) requested that EPA grant
California a waiver of federal preemption for its 2007 EMD standards,
which require the functional monitoring of major emission control
components/systems.
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-2005-100. The docket is located 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.epa.gov/edocket/
to 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-2005-100.
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/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.
FOR FURTHER INFORMATION CONTACT: David J. Dickinson, Compliance and
Innovative Strategies 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 EMD regulations.\1\
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\1\ The CARB Board approved the 2007 EMD standards by Resolution
04-16 on May 20, 2004 (See Attachment 3 to CARB's March 7, 2005,
Waiver Request Letter). The regulations covered by today's waiver
include title 13, California Code of Regulations (CCR), section
1971. 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 did not receive any comment suggesting that CARB's
request should be denied based on the criteria set forth in section
209(b) of the Act.\2\
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\2\ EPA published a notice for hearing and comment on July 18,
2005 (70 FR 41218).
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CARB determined that its 2007 EMD 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 EMD 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 EMD
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
EMD 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
[[Page 336]]
CARB's requirements are inconsistent with section 202(a). Thus, I
cannot find that California's 2007 California EMD 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
March 6, 2006. 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.
Dated: December 22, 2005.
William L. Wehrum,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. E5-8263 Filed 1-3-06; 8:45 am]
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