[Federal Register: September 8, 2008 (Volume 73, Number 174)]
[Notices]
[Page 52042-52043]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se08-59]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8708-1]
California State Motor Vehicle Pollution Control Standards;
Notice of Waiver of Clean Air Act Preemption; California's 2010 Model
Year Heavy-Duty Vehicle and Engine On-Board Diagnostic Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice regarding waiver of clean air act preemption.
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SUMMARY: By this decision, issued under section 209(b) of the Clean Air
Act, as amended, (Act), 42 U.S.C. 7543(b), the Environmental Protection
Agency (EPA) is granting California its request for a waiver Clean Air
Act preemption for its 2010 and later model year heavy-duty vehicle and
engine on-board diagnostic (OBD) requirements.
ADDRESSES: The Agency's Decision Document, containing an explanation of
the Deputy 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 EPA's Air and Radiation Docket and
Information Center (Air Docket). Materials relevant to this decision
are contained in Docket No. EPA-HQ-OAR-2006-0844. The docket is located
at the Air Docket, EPA West, Room 3334, 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 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 the Federal government's electronic public docket and
comment system. You may access EPA dockets at http://
www.regulations.gov. After opening the http://www.regulations.gov Web
site, select ``Environmental Protection Agency'' from the pull-down
Agency list, then scroll to ``Keyword or ID'' and enter EPA-HQ-OAR-
2006-0844 to view documents in the record of this California request.
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.
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 and looking at the path entitled http:/
/www.epa.gov/OTAQ. Users can find these documents by accessing the OTAQ
web and looking at the path entitled Federal Register Notices. The
electronic Federal Register version of the Notice is made available on
the day of publication on the primary Web site http://epa.gov/docs/
fedrgstr/EPA-AIR. Please note that due to the differences between the
software used to develop the documents and the software into the
documents may be downloaded, changes in format, page length, etc., may
occur.
FOR FURTHER INFORMATION CONTACT: David 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 Clean Air Act preemption pursuant to section 209(b) of the Act for
its 2010 and later model year heavy-duty vehicle and engine OBD
requirements.\1\
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\1\ The CARB Board approved the OBD standards by Resolution 05-
38 on July 21, 2005 and the California Office of Administrative Law
approved the regulations on February 15, 2006.
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Section 209(b) of the Act provides that, if certain criteria are
met, the Administrator shall waive 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 standards are consistent with section 202(a) of the Act.
As further explained in the Decision Document supporting today's
decision, although EPA did receive comment on California's request, the
Agency finds there is an insufficient basis to deny California its
waiver request based on the criteria set forth in section 209(b) of the
Act.
In its request letter to EPA, the California Air Resources Board
(CARB) stated that the OBD requirements will not cause the California
standards, in the aggregate, to be less protective of public health and
welfare than the applicable Federal standards. EPA received no
information during this proceeding that questioned whether CARB's OBD
requirements are less protective than applicable Federal standards. I
cannot find that CARB's OBD regulations would cause the California
motor vehicle emission standards, in the aggregate, to be less
protective of public health and welfare than applicable Federal
standards.
CARB has repeatedly demonstrated, with respect to traditional
pollution concerns, (i.e. not including global climate change), the
existence of compelling and extraordinary conditions in California.\2\
EPA has not received any adverse comments to suggest that California no
longer suffers from serious and unique air pollution problems. Because
EPA has not received adverse public comment, or any other relevant
information, challenging the need for CARB's own motor vehicle
pollution control program based on lack of compelling and extraordinary
conditions for the purposes of this waiver request, I cannotdeny the
waiver based on a lack of compelling and extraordinary conditions.
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\2\ EPA recently denied California its request for a waiver for
its new motor vehicle greenhouse gas standards. See 73 FR 12156
(March 6, 2008).
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CARB stated in its request letters that the amendments do not raise
any concerns of inadequate leadtime or impose any inconsistent
certification requirements. EPA received comment suggesting that EPA
not necessarily deny the ultimate granting of CARB's waiver request,
but rather that EPA defer making a decision in order to ``maximize the
opportunities for full alignment and harmonization between the EPA and
ARB OBD programs for HDOH engines, and to reduce the prospects that
other states will elect to opt into the ARB OBD program, which, from an
emissions inventory perspective, will not be materially different from
the EPA OBD program.'' EPA notes that its notice of proposed rulemaking
for heavy-duty vehicle and engine OBD was published on January 24, 2007
but a final rule has not been completed.\3\ Although EPA remains
sensitive to the issues raised by the commenter, such comments do not
include data or other basis by which to
[[Page 52043]]
demonstrate the feasibility of CARB's OBD requirements. I cannot find
that CARB's OBD regulations, as noted, would cause the California motor
vehicle emission standards to be inconsistent with section 202(a).
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\3\ 72 FR 3200 (January 24, 2007).
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A full explanation of EPA's decision, including our review of
comments received, is contained in a Decision Document which may be
obtained as explained above.
My 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 heavy-duty vehicles and engines for
sale in California. For this reason, I hereby determine and find that
this is a final action of national applicability.
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. 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 under section 209(b) of the Act to the
Assistant Administrator for Air and Radiation.
Dated: August 13, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. E8-20732 Filed 9-5-08; 8:45 am]
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