California State Motor Vehicle Pollution Control Standards; Within the Scope Request; Opportunity for Public Hearing

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6316-3]

California State Motor Vehicle Pollution Control Standards;

Within the Scope Request; Opportunity for Public Hearing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing and public comment.

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

that it has approved amendments to the zero-emission vehicle (ZEV)

requirements of the low-emission vehicle (LEV) program, including the

repeal of the ZEV requirements for model years 1998 through 2002. By

letter dated February 26, 1997, California requested that EPA confirm

CARB's finding that its amendments are within-the-scope of section

209(b) of the Clean Air Act (Act), 42 U.S.C. 7543(b), of a waiver of

federal preemption for the California LEV program regulations, which

EPA approved on January 13, 1993.

EPA has tentatively scheduled a public hearing for April 23, 1999,

to hear comments concerning CARB's request. Before this notice, EPA

received submissions to the docket on this matter from the state of

Massachusetts, CARB, and aftermarket associations. EPA requests

comments from interested parties as to the relevance and merit of these

previous submissions to the within-the-scope waiver request. 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.

DATES: EPA has tentatively scheduled a public hearing for April 23,

1999, beginning at 10:00 a.m. EPA will hold a hearing only if a party

notifies EPA by April 5, 1999, expressing its interest in presenting

oral testimony regarding CARB's requests or other issues noted in this

notice. By April 7, 1999, any person who plans to attend the hearing

should call David Dickinson of EPA's Vehicle Programs and Compliance

Division at (202) 564-9256 to learn if we will hold a hearing. Any

party may submit written comments by May 10, 1999.

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 Air Docket is open during working hours from 8:00 a.m. to

4:00 p.m. at EPA, Air Docket (6102), Room M-1500, Waterside Mall, 401 M

Street, SW., Washington, D.C. 20460. The reference number for this

docket is A-97-20. Parties wishing to present oral testimony at the

public hearing should provide written notice to David Dickinson at the

address noted below. In addition, parties should send their written

comments (in duplicate) regarding the within-the-scope waiver request

to David Dickinson at the same address. If EPA receives a request for a

public hearing, EPA will hold the public hearing in the first floor

conference room at 501 3rd Street, N.W., Washington, D.C.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Group Manager,

Vehicle Programs and Compliance Division (6405J), U.S. Environmental

Protection Agency, 401 M Street SW., Washington, D.C. 20460. Telephone:

[[Page 14716]]

(202) 564-9256, Fax:(202) 565-2057, E-Mail:

[email protected]

SUPPLEMENTARY INFORMATION:

I. Obtaining Electronic Copies of Documents

EPA makes available an electronic copy of this Notice on the Office

of Mobile Sources' (OMS) homepage (http://www.epa.gov/OMSWWW/). Users

can find this document by accessing the OMS homepage and looking at the

path entitled ``Regulations.'' This service is free of charge, except

any cost you already incur for Internet connectivity. Users can also

get the official Federal Register version of the Notice on the day of

publication on the primary website: (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.

II. Background

A. Procedural History

On January 13, 1993, EPA published a Notice Regarding Waiver of

Federal Preemption granting California a waiver of federal preemption

for the California LEV program. (58 FR 4166). The California LEV waiver

included California's original ZEV requirements.

In March 1996, CARB amended the LEV program by eliminating the ZEV

sales requirement for model years 1998 through 2002.

On February 26, 1997, CARB submitted to the Administrator a request

that EPA confirm CARB Board's determination that the amendments to its

regulations noted below (primarily repealing the ZEV requirements for

model years 1998 through 2002) are within-the-scope of the existing

California LEV waiver. CARB also entered into, on March 29, 1996, what

it terms memorandum of agreements (MOAs) with the seven largest vehicle

manufacturers. These MOAs provide for the introduction of a certain

number of ZEVs into the California market for calendar years 1998-2000

and require CARB to perform certain tasks.

B. 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 emission 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. The Administrator must grant a waiver

unless she 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.

CARB submitted a letter to the Administrator notifying EPA that it

had adopted amendments to its LEV program. These amendments provide for

(1) the elimination of the requirement upon manufacturers to certify,

produce, and offer for sale in California ZEVs in amounts equal to two

percent of their total California sales of passenger cars and light-

duty trucks weighing less than 3,750 pounds beginning with the 1998

model year, increasing to five percent in the 2001 model year and ten

percent in the 2003 model year (the ten percent ZEV requirement for the

2003 model year has been retained by California); (2) the creation of

multiple ZEV credits for vehicles produced prior to the 2003 model

year; and (3) the creation of test procedures for determining All-

Electric Vehicle Range.

CARB asserts, and requests that the Administrator determine, that

each of these three amendments to its LEV regulations fall within-the-

scope of EPA's previously granted waiver, thereby obviating the

independent need to meet the requirements of section 209(b) of the Act

set forth above. EPA has decided in the past where California's

amendments do not 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; do not affect the

consistency of California's requirements with section 202(a) of the

Act; and raise no new issues affecting EPA's previous waiver

determinations that a within-the-scope waiver determination is

acceptable.

When EPA receives new waiver requests from CARB, EPA 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 traditionally publishes a decision in the Federal Register

and concurrently invites public comment if an interested party is

opposed to EPA's decision.

Because EPA has already received written comment on this within-

the-scope request, EPA invites comment on the following issues before

determining CARB's within-the-scope request: (1) Should EPA consider

CARB's request as a within-the-scope of a previous waiver request or

should it be considered and examined as a new waiver request?; (2) If

EPA should consider CARB's request as a within-the-scope request then

do California's amendments (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?; (3) Should EPA consider CARB's request

as a new waiver request then provide comment on (a) 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, (b) Whether California needs separate

standards to meet compelling and extraordinary conditions, and (c)

Whether California's standards and accompanying enforcement procedures

are consistent with section 202(a) of the Act?; and (4) the

significance of the MOAs and issues that may arise out of the MOAs and

their relevance to the within-the-scope waiver request CARB has

submitted to EPA, addressing how the MOAs and related issues affect

EPA's consideration either under the within-the-scope or waiver

criteria.

III. Procedures for Public Participation

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

file ten (10) copies of its proposed testimony and other relevant

material with David Dickinson at the address listed above no later than

April 21, 1999. In addition, the party should submit 25 copies, if

feasible, of the planned statement to the

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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 with 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 May 24, 1999. 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 she deems pertinent. All information will be

available for inspection at EPA Air Docket. (Docket No. A-97-20).

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 decision in

part on a submission labeled CBI, then a nonconfidential 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: March 17, 1999.

Robert D. Brenner,

Acting Assistant Administrator for Air and Radiation.

[FR Doc. 99-7429 Filed 3-25-99; 8:45 am]

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