[Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22585]

[[Page Unknown]]

[Federal Register: September 13, 1994]




California State Motor Vehicle Pollution Control Standards; 
Waiver of Federal preemption; Decision

AGENCY: Environmental Protection Agency.

ACTION: Notice regarding waiver of Federal preemption.


SUMMARY: EPA is granting California a waiver of Federal Preemption 
pursuant to section 209(b) of the Clean Air Act to enforce amendments 
to its motor vehicle emission standards and test procedures to require 
more stringent evaporative emission standards, durability requirements, 
and testing procedures for 1995 model year passenger cars, light-duty 
trucks, medium-duty vehicles, and heavy-duty vehicles and engines, 
except petroleum-fueled diesel vehicles. California also amended its 
corresponding regulations.

ADDRESSES: A copy of the above standards, durability requirements, 
testing procedures, the decision document containing an explanation of 
the Administrator's determination, and the record of those documents 
used in arriving at this decision, are available for public inspection 
during the working hours of 8 a.m. to 4 p.m., Monday through Friday, 
at: U.S. Environmental Protection Agency, Air and Radiation Docket and 
Information Center (Docket #A-92-05), room M1500, First Floor Waterside 
Mall, 401 M Street, SW., Washington, DC 20460, Telephone: (202) 260-

FOR FURTHER INFORMATION CONTACT: David J. Dickinson, Attorney/Advisor, 
Manufacturers Operations Division (6405J), U.S. Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460. Telephone: 
(202) 233-9256.

SUPPLEMENTARY INFORMATION: I have decided to grant California a waiver 
of Federal preemption pursuant to section 209(b) of the Clean Air Act, 
as amended (Act), 42 U.S.C. 7543(b), for amendments to its evaporative 
emission standards, durability requirements, and test procedures for 
1995 model year passenger cars, light-duty trucks, medium-duty 
vehicles, and heavy-duty vehicles and engines.1 A comprehensive 
description of the California evaporative emission regulations can be 
found in the decision document for this waiver and in materials 
submitted to the Docket by California.

    \1\California's initial waiver request included a request for 
waiver of Federal preemption for model years 1995 and thereafter. In 
a revised waiver request California limited the applicability of its 
new amendments to model year 1995. EPA anticipates California to 
revise its evaporative emission test procedure for model year 1996 
and thereafter, and to submit an additional waiver request for such 
test, in order to produce a more closely aligned test procedure with 
EPA's new test procedure commencing in 1996.

    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.
    The California Air Resources Board (CARB) determined that these 
standards and accompanying enforcement procedures 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 was presented to me by any parties to demonstrate that CARB 
arbitrarily or capriciously reached this protectiveness determination. 
Therefore, I cannot find CARB's determination to be arbitrary and 
    CARB has continually demonstrated the existence of compelling and 
extraordinary conditions justifying the need for its own motor vehicle 
emission control program, which includes the subject standards and 
procedures. 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 its emission standards and 
durability requirements are technologically feasible and present no 
inconsistency with Federal requirements and are, therefore, consistent 
with section 202(a) of the Act. Additionally, CARB determined that 
certain differences exist between California and Federal test 
procedures but that any vehicle that satisfies California's 
requirements can be presumed to meet the Federal requirements. Because 
of the test procedure inconsistencies described by CARB, EPA agrees 
that a manufacturer would be unable to demonstrate compliance with both 
California and Federal requirements with the same test vehicle in the 
course of a single test sequence. Therefore, EPA will accept the data 
used to successfully certify under CARB's 1995 model year evaporative 
emissions test procedures as demonstrating compliance with applicable 
EPA standards. Accordingly, I hereby grant the waiver requested by 
    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 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 Appeals for the 
District of Columbia Circuit. Petitions for review must be filed by 
November 14, 1994. Under section 307(b)(2) of the Act, judicial review 
of this final action may not be obtained in subsequent enforcement 
    As with past waiver decisions, 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.

    Dated: August 25, 1994.
Ann E. Goode,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 94-22585 Filed 9-12-94; 8:45 am]