[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]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5065-7]
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-
9256.
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
capricious.
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
California.
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
proceedings.
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]
BILLING CODE 6560-50-P
