[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Pages 53199-53201]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21566]
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ENVIRONMENTAL PROTECTION AGENCY
[AMS-FRL-9724-4]
California State Motor Vehicle Pollution Control Standards;
Advanced Clean Car Program; Request for Waiver of Preemption;
Opportunity for Public Hearing and Public Comment
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 developed an Advanced Clean Car program (ACC) which
combines the control of smog and soot causing pollutants and greenhouse
gas (GHG) emissions into a single coordinated package of requirements
for passenger cars, light-duty trucks and medium-duty passenger
vehicles (and limited requirements related to heavy-duty vehicles). The
ACC program includes revisions to California's Low Emission Vehicle
(LEV) program as well as its Zero Emission Vehicle (ZEV) program. By
letter dated June 27, 2012, CARB submitted a request that EPA grant a
waiver of preemption under section 209(b) of the Clean Air Act (CAA),
42 U.S.C. 7543(b) for the revisions to the LEV program. CARB also seeks
confirmation that the amendments to the ZEV program are within-the-
scope of prior waiver decisions issued by EPA, or in the alternative
requests a waiver for these revisions. This notice announces that EPA
has scheduled a public hearing concerning California's request and that
EPA is accepting written comment on the request.
DATES: EPA has scheduled a public hearing concerning CARB's request on
September 19, 2012, beginning at 9:00 a.m. Any party planning to
present oral testimony should notify EPA by September 14, 2012,
expressing its interest. EPA will hold the public hearing at EPA's
offices at 1310 L Street NW., Washington, DC 20460. Any party may
submit written comments by October 19, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2012-0562, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Email: 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-2012-0562.
Please include a total of two copies.
Hand Delivery: EPA Docket Center, EPA/DC, EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC 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-2012-0562.
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
email.
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 email comment directly to EPA without going through http://www.regulations.gov your email 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.
EPA will make available for in person 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-
2012-0562.
EPA will make available an electronic copy of this Notice on the
Office of Transportation and Air Quality's (OTAQ's) homepage (http://www.epa.gov/otaq/). Users can find this document by accessing the OTAQ
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 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
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which the documents may be downloaded, changes in format, page length,
etc., may occur.
FOR FURTHER INFORMATION CONTACT: David Dickinson, Compliance Division
(6405J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460. Telephone: (202) 343-9256, Fax: (202) 343-
2804, email address: Dickinson.David@EPA.GOV.
mailto:Dickinson.David@EPA.GOV.
SUPPLEMENTARY INFORMATION:
I. CARB's New Waiver Request and Prior Greenhouse Gas Emission Waivers
CARB's June 27, 2012, letter to the Administrator notified EPA that
CARB had adopted its ACC regulatory package in January 2012 and that
the package contains amendments to its low emission vehicle (LEV)
program to address both smog forming pollutants and greenhouse gases,
and amendments to its zero emission vehicle program (ZEV).\1\ The
amendments to the LEV program are referred to as LEV III. CARB requests
that EPA grant a new waiver for its LEV III program. CARB also seeks
confirmation that amendments to its ZEV program are within-the-scope of
previous waivers issued by EPA. In the alternative, CARB requests that
EPA grant a new waiver for its ZEV program.
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\1\ The amendments and adoption of regulations can be found at
title 13, California Code of Regulations, sections 1961.2 and 1961.3
(adoption) and sections 1900, 1956.8, 1960.1, 1961, 1961.1, 1965,
1968.2, 1968.5, 1976, 1978, 2037, 2038, 2062, 2112, 2139, 2140,
2145, 2147, 2235, 2317, and Documents incorporated by reference
(amendments).
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CARB's waiver request discusses in detail both its ZEV program
amendments and its LEV III amendments. CARB's waiver request includes
an ``analysis setting forth California's basis for the waiver requests.
The analysis sets forth a summary of the regulatory actions, a review
of the criteria governing EPA's evaluation of a California waiver
request, and the legal arguments that support and compel EPA to grant
California's request.'' \2\ With respect to the LEV III greenhouse gas
standards, CARB notes that it plans to adopt a rule which would allow
manufacturers to demonstrate compliance with California's greenhouse
gas regulations for the 2017 through 2025 model years by demonstrating
compliance with EPA's greenhouse gas requirements for the 2017 through
2025 model years (commonly referred to as the `deemed to comply'
provision), subject to review of the contents of EPA's final rule for
these model years.\3\
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\2\ Letter from Mary D. Nichols, CARB, dated June 27, 2012 at p.
2.
\3\ ``CLEAN AIR ACT Sec. 209(b) WAIVER SUPPORT DOCUMENT
SUBMITTED BY THE CALIFORNIA AIR RESOURCES BOARD, May 2012,'' at p. 9
(accompanying June 27, 2012 letter).
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CARB plans to commence its ``deemed to comply'' rulemaking shortly
after EPA finalizes the light-duty vehicle greenhouse gas emission
standards for model years 2017-2025, conditioned on its review of EPA's
final GHG rule. As discussed below, EPA invites comment on all aspects
of CARB's waiver request, and specifically invites comment on CARB's
waiver request in light of CARB's plans concerning adoption of a deemed
to comply provision into its LEV III GHG standards. This will allow EPA
to consider any deemed to comply provision and comments on it when
taking action on CARB's request for a waiver.
EPA previously granted CARB a waiver of preemption for its 2009 and
subsequent model year new motor vehicle greenhouse gas emission
standards on July 8, 2009 (74 FR 32744). Subsequently, CARB adopted a
series of amendments to those regulations, including a deemed to comply
rule whereby compliance with EPA's GHG standards for model years 2012
through 2016 would serve as compliance with California's GHG standards
for those model years. On June 14, 2011 (76 FR 34693), EPA confirmed
that these series of amendments were within-the-scope of the waiver
granted on July 8, 2009. EPA has most recently issued waivers and
within-the-scope decisions for CARB's ZEV program in 2006 (71 FR 78190,
December 28, 2006) and 2011 (76 FR 61095, October 3, 2011). EPA's most
recent waivers and within-the-scope decisions for CARB's LEV II program
were issued in 2003 (68 FR 19811, April 22, 2003), 2005 (70 FR 22034,
April 28, 2005), and 2010 (75 FR 44948, July 30, 2010).
II. Scope of Preemption and Criteria for a Waiver Under the Clean Air
Act
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) 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 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. Previous
decisions granting waivers of Federal preemption for motor vehicles
have stated that State standards are inconsistent with section 202(a)
if there is inadequate lead time to permit the development of the
necessary technology giving appropriate consideration to the cost of
compliance within that time period or if the Federal and State test
procedures impose inconsistent certification procedures.\4\
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\4\ To be consistent, the California certification procedures
need not be identical to the Federal certification procedures.
California procedures would be inconsistent, however, if
manufacturers would be unable to meet the state and the Federal
requirements with the same test vehicle in the course of the same
test. See, e.g., 43 FR 32182 (July 25, 1978).
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III. Request for Comment
When EPA receives new waiver requests from CARB, EPA traditionally
publishes a notice of opportunity for public hearing and comment and
then, after the comment period has closed, publishes a notice of its
decision in the Federal Register. In contrast, when EPA receives
within-the-scope waiver requests from CARB, EPA usually publishes a
notice of its decision in the Federal Register and concurrently invites
public comment if an interested party is opposed to EPA's decision. In
this case, for the ZEV amendments CARB requests a within-the-scope
determination, or in the alternative a waiver.
Since CARB has submitted a within-the-scope request for its ZEV
amendments as they affect both the 2012-2017 model years (MYs) and 2018
and subsequent MYs, EPA invites
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comment on the following issues. First, should California's ZEV
amendments, as they affect the 2012-2017 MYs and/or the 2018 and later
MYs, be considered under the within-the-scope criteria or should they
be considered under the full waiver criteria? Second, to the extent
part or all of those ZEV amendments should be considered as a within-
the-scope request, do such amendments meet the criteria for EPA to
confirm that they are within-the-scope of prior waivers? Please also
provide comments to address the full waiver analysis (noted below for
the remainder of the ACC program), in the event that EPA cannot confirm
that some or all of CARB's ZEV amendments are within-the-scope of
previous waivers.
We are requesting comment on all aspects of the full waiver
analysis with regard to the ACC program (the LEV III criteria pollutant
and GHG regulations, and the ZEV amendments to the extent EPA does not
consider them under the within-the-scope analysis noted above). This
includes consideration of the following three criteria: whether (a)
California's determination that its motor vehicle emission standards
are, in the aggregate, at least as protective of public health and
welfare as applicable Federal standards is arbitrary and capricious,
(b) California needs such standards to meet compelling and
extraordinary conditions, and (c) California's standards and
accompanying enforcement procedures are consistent with section 202(a)
of the Clean Air Act. As noted above, CARB plans to propose a deemed to
comply rule for its GHG standards shortly after EPA finalizes its
light-duty vehicle greenhouse gas emission standards, conditioned on
its review of EPA's final GHG rule. As such, EPA specifically invites
comment on CARB's waiver request in light of CARB's plans concerning
adoption of a deemed to comply provision into its LEV III GHG
standards. This will allow EPA to consider any deemed to comply
provision and comments on it when taking action on CARB's request for a
waiver.
IV. Procedures for Public Participation
The Agency will make a verbatim record of the proceedings at the
hearing. Interested parties may arrange with the reporter at the
hearing to obtain a copy of the transcript at their own expense. EPA
will keep the record open until October 19, 2012. Upon expiration of
the comment period, the Administrator will render a decision on CARB's
request based on the record of the public hearing, relevant written
submissions, and other information that 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 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: August 28, 2012.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2012-21566 Filed 8-30-12; 8:45 am]
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