[Federal Register Volume 63, Number 36 (Tuesday, February 24, 1998)]
[Notices]
[Pages 9227-9229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4655]
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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
[[Page 9228]]
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.David@epamail.epa.gov.
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
[[Page 9229]]
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]
BILLING CODE 6560-50-P
