California State Motor Vehicles Pollution Control Standards; Opportunity for Public Hearing

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5970-3]

California State Motor Vehicles Pollution Control Standards;

Opportunity for Public Hearing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing and public comment

period.

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SUMMARY: The California Air Resources Board (CARB) has notified EPA

that it has promulgated regulations related to onboard refueling vapor

recovery (ORVR) standards and testing procedures, and amendments to the

California evaporative emission test procedures. By letter dated, July

22, 1997, California requested EPA to grant a waiver of Federal

preemption for the ORVR regulations and to confirm that the evaporative

emission test procedure amendments fall within the scope of a currently

pending section 209(b) waiver request, pursuant to section 209(b) of

the Clean Air Act (Act), 42 U.S.C. 7543(b). This notice announces that

EPA has tentatively scheduled a public hearing for March 18, 1998, to

consider CARB's request and to hear comments from the general public

concerning CARB's request.

DATES: EPA has tentatively scheduled a public hearing for March 18,

1998 beginning at 1:00 p.m. Any person who wishes to testify on the

record at the hearing must notify EPA by March 9, 1998 that it wishes

to present oral testimony regarding CARB's requests. If EPA receives

one or more requests to testify on the pending request, a hearing will

be held. If no one notifies EPA that they wish to testify, no hearing

will be held. By March 11, 1998 any person who plans to attend the

hearing should call Mr. David Dickinson of EPA's Vehicle Programs and

Compliance Division at (202) 564-9256 to determine if a hearing will be

held. Regardless of whether or not a hearing is held, any party may

submit written comments regarding CARB's request and will be accepted

through April 16, 1998.

ADDRESSES: If EPA receives a request for a public hearing, EPA will

hold the public hearing announced in this notice in the first floor

conference room at 501 3rd Street, NW., Washington, D.C. Parties

wishing to present oral testimony at the public hearing should provide

written notice to Mr. Dickinson, Group Manager, Vehicles Programs and

Compliance Division, 401 M St., S.W. (6405J), Washington, DC 20460. In

addition, written comments regarding

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the waiver request should be sent, in duplicate, to Mr. Dickinson at

the address noted above. Copies of material relevant to the waiver

request (Docket No. A-97-38) will be available for public inspection

during the working hours of 8:00 a.m. to 5:30 p.m. Monday through

Friday, at the U.S. Environmental Protection Agency, Air and Radiation

Docket and Information Center, Room M1500, First Floor Waterside Mall,

401 M St., S.W., Washington, DC 20460, Telephone: (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Mr. David Dickinson, Group Manager,

Vehicles Programs and Compliance Division, U.S. Environmental

Protection Agency, 401 M St., S.W. (6405J), Washington, DC 20460.

Telephone: (202) 564-9256. E-Mail address:

Dickinson.D[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Discussion

Section 209(a) of the Act as amended, 42 U.S.C. 7543(a), provides

in part: ``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 * * * [or] require certification, inspection, or any other

approval relating to the control of emissions * * * as condition

precedent to the initial retail sale, titling (if any), or registration

of such motor vehicle, motor vehicle engine, or equipment.''

The State of California may be exempted from the prohibitions of

section 209(a) of the Act. Section 209(b) of the Act provides in part

that the Administrator shall, after notice and opportunity for public

hearing, waive application of the prohibitions of section 209(a) for

California ``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. No such waiver shall be granted if the

Administrator finds that--(A) the determination of the State is

arbitrary and capricious, (B) [California] does not need such * * *

standards to meet compelling and extraordinary conditions, or (C) [its]

standards and accompanying enforcement procedures are not consistent

with section 202(a) of (the Act).''

As previous decisions granting waivers of federal preemption have

explained, State standards are inconsistent with section 202(a) if

there is inadequate lead time to permit the development of the

necessary technology given the cost of compliance within that time

period or if the Federal and State test procedures impose inconsistent

certification requirements.

With regard to enforcement procedures accompanying standards, I

must grant the requested waiver unless I find that these procedures may

cause the California standards, in the aggregate, to be less protective

of public health and welfare than the applicable Federal standards

promulgated pursuant to section 202(a), or unless the California and

Federal certification test procedures are inconsistent.

Once California has been granted a waiver of the application of the

prohibitions of section 209(a) for its standards and accompanying

enforcement procedures for a class of vehicles, it may adopt other

conditions precedent to initial retail sale, titling or registration of

the subject class of vehicles without the necessity of receiving

further waiver of Federal preemption.

By letter dated July 22, 1997, CARB submitted to EPA a request for

waiver of Federal preemption for its regulations that set forth onboard

refueling vapor recovery (ORVR) standards and test procedures. In

addition, CARB requested EPA to confirm that amendments to CARB's

evaporative emission test procedures fall within the scope of a pending

waiver request before EPA.

The ORVR requirements adopted by CARB are nearly identical to the

Federal ORVR standards and test procedures. EPA published its final

ORVR rule on April 6, 1994 (59 FR 16296), and both the CARB and EPA

emission standard is the same--0.20 grams hydrocarbon (Organic Material

Hydrocarbon Equivalent, or OMHCE, for alcohol fuels) per gallon of fuel

dispensed. Both CARB and EPA ORVR regulations apply to all gasoline-,

diesel-, and alcohol-fueled vehicles in the California vehicle classes

of passenger cars, light-duty trucks, and medium-duty vehicles with a

gross vehicle weight rating (GVWR) of 8,500 lbs. or less. CARB's

regulation incorporates the federal preconditioning and sequencing

provisions for integrated and non-integrated ORVR systems. The state

regulation also incorporates the federal refueling steps that are

common to both integrated and non-integrated systems: (a) Disconnect

the vapor line from the fuel tank to the canister, (b) drain the fuel

tank, (c) refuel with test fuel to 10 percent of the nominal tank

capacity, (d) soak the vehicle for six to 24 hours at 80 deg.F

(3 deg.F), (e) reconnect the vapor line, and (f) refuel the

vehicle with test fuel at a rate of 9.8 (0.3) gallons per

minute at 67 deg.F (1.5 deg.F) in a sealed enclosure while

measuring emissions (fueling is terminated at automatic shut-off after

at least 85 percent of the nominal tank capacity has been dispensed).

In addition CARB's ORVR regulations incorporate by reference the

federal test procedures for ORVR, with some variances associated with

fuel specifications for methanol, ethanol, liquefied petroleum, gas

(LPG) and natural gas, and that a provision on preconditioning hybrid

electric vehicles has been added. CARB's ORVR regulations also require

manufacturers to meet the same ORVR phase-in schedule as that adopted

by EPA. As noted above EPA published its final ORVR rule on April 6,

1994, which includes standards and test procedures for determining

compliance with the standards. (59 FR 16296.) The federal and CARB ORVR

compliance schedule requires that 40 percent of a manufacturer's 1998

model-year passenger cars be certified to the ORVR standard, followed

by 80 percent in the 1999 model year and 100 percent in the 2000 model

year. The same three-year implementation schedule applies to light-duty

trucks starting with the 2001 model year, and applies to medium-duty

vehicles of 6,001-8,500 lbs. GVWR starting with the 2004 model year.

Passenger cars produced by small volume manufacturers are not subject

to the ORVR requirements until the 2000 model year, when 100 percent

compliance is required.

CARB's adopted amendments to the enhanced evaporative emission test

procedures fall into two categories. First, in order to facilitate the

testing of vehicles with ORVR systems, CARB's amendments allow for the

preconditioning of integrated and non-integrated evaporative/refueling

canisters. Second, the amendments further align California test

procedures with the federal test procedures.

California states in its July 22, 1997 letter, that it has

determined that its ORVR standards and test procedures are, in the

aggregate, at least as protective of the public health and welfare as

the applicable federal standards. Further, California states that it

continues to need separate standards to meet compelling and

extraordinary conditions. Finally, California states that its

amendments are consistent with section 202(a) of the Act. With regard

to amendments to its evaporative emission test procedures to which CARB

seeks a within the scope determination, California states nothing

within its amendments undermines prior protectiveness determinations

and that its requirements continues to be consistent with section

202(a) of the

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Act. Finally, CARB states that it is not aware of any new issues raised

by the amendments which would affect the pending evaporative emission

waiver request pending before EPA.

California's request, with regard to the ORVR standards and test

procedures, will be considered according to the procedures for a waiver

determination, thus an opportunity for a public hearing is being

provided. Any party wishing to present testimony at the hearing and/or

to submit written comments should address the following issues:

(1) Whether California's determination that its standards are at

least as protective of public health and welfare as applicable Federal

standards is arbitrary and capricious;

(2) Whether California needs separate standards to meet compelling

and extraordinary conditions; and,

(3) Whether California's standards and accompanying enforcement

procedures are consistent with section 202(a) of the Act.

California's request, with regard to the amendments to the

evaporative emission test procedures, will be considered by EPA as a

within the scope request. Thus, EPA plans to review whether CARB's

amendments have undermined its protectiveness determination or whether

CARB's amendments have caused its evaporative emission standards and

test procedures to be inconsistent with section 202(a) or has raised

any new issues with regard the previous waiver granted by EPA for such

standards or test procedures. EPA is currently reviewing a request for

waiver of federal preemption for California's evaporative emission

standards and test procedures for the 1996-1998 model years. EPA plans

to issue its waiver decision with regard to CARB's pending waiver

request (see EPA Air Docket A-95-39, 60 FR 9185 (February 28, 1997))

and shall either include its review of CARB's recently adopted

amendments within such decision or EPA shall include such review with

the waiver decision associated with the present ORVR waiver request.

Any party wishing to present testimony at the hearing and/or to submit

written comments on CARB's amendments to evaporative emission test

procedures should address the same criteria as that for the ORVR waiver

request noted above and may also comment on the appropriate location

(within the waiver decision that EPA will issue for the ORVR waiver

request or the waiver decision associated with CARB's pending

evaporative emission standards and test procedure waiver request) for

EPA's review of CARB's amendments.

II. Procedures for Public Participation

Any party desiring to make an oral statement on the record should

submit ten (10) copies, if feasible, of its proposed testimony and

other relevant material to Mr. Dickinson of EPA's Vehicles Programs and

Compliance Division at the address listed above not later than March

11, 1998. In addition, the party should submit 25 copies, if feasible,

of the planned statement to the presiding officer at the time of the

hearing.

In recognition that a public hearing is 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 which he or she deems irrelevant or

repetitious and to impose reasonable 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 April 16, 1998. 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 which she deems pertinent.

Persons with comments containing proprietary information must

distinguish such information from other comments to the greatest

possible extent and label it as ``Confidential Business Information''

(CBI). If a person making comments wants EPA to base its waiver

decision in part on a submission labeled as CBI, then a nonconfidential

version of the document which 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 it is received

by EPA, it may be made available to the public without further notice

to the person making comments.

Dated: February 18, 1998.

Richard D. Wilson,

Acting Assistant Administrator for Air and Radiation.

[FR Doc. 98-4655 Filed 2-23-98; 8:45 am]

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