[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Notices]
[Pages 59920-59922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22488]


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ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-7824-6]


California State Motor Vehicle Pollution Control Standards; 
Notice of Within-the-Scope Determinations for Amendments to 
California's Heavy-Duty Vehicle and Engine Standards for 1995 Urban Bus 
and 1998 NOX Regulations

AGENCY: Environmental Protection Agency.

ACTION: Notice Regarding Within-the-Scope Determinations.

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SUMMARY: The California Air Resources Board (CARB) requested that EPA 
confirm CARB's finding that amendments to its heavy-duty diesel powered 
vehicles and engines regulations, including its 1998 NO<INF>X</INF> 
standards, are within-the-scope of a prior waiver of Federal preemption 
issued under section 209(b) of the Clean Air Act (Act), 42 U.S.C. 
7543(b). In a separate request CARB sought EPA confirmation that CARB's 
finding that amendments to its heavy-duty diesel powered vehicle and 
engine regulations, including its 1995 urban bus standards, are within-
the-scope of a prior waiver of Federal preemption. EPA in this notice 
has made the requested confirmation for the amendments in CARB's 
requests.

ADDRESSES: The Agency's Decision Document, containing an explanation of 
the Assistant Administrator's decision, as well as all documents relied 
upon in making that decision, including those submitted to EPA by CARB, 
are contained in the public docket. The official public docket is the 
collection of materials that is available for public

[[Page 59921]]

viewing. The EPA Docket Center Public Reading Room is open from 8:30 
a.m. 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 numbers for these dockets are A-2000-45 and A-2002-16. 
The location of the Docket Center is the Environmental Protection 
Agency, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC. Copies of the Decision Document for this determination 
can also be obtained by contacting David Dickinson as noted below, or 
can be accessed on the EPA's Office of Transportation and Air Quality 
Web site, also noted below.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Attorney-Advisor, 
Certification and Compliance Division, (6405J), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. 
Telephone: (202) 343-9256, fax: (202) 343-2804, e-mail: 
<a href="/cdn-cgi/l/email-protection#17537e747c7e79647879395376617e735752475639505841"><span class="__cf_email__" data-cfemail="2d69444e4644435e424303694c5b44496d687d6c036a627b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Obtaining Electronic Copies of Documents

    Electronic copies of this Notice and the accompanying Decision 
Document are available via the Internet on the Office of Transportation 
and Air Quality (OTAQ) Web site (http://www.epa.gov/OTAQ). Users can 
find these documents by accessing the OTAQ Home Page and looking at the 
path entitled ``Chronological List of All OTAQ Regulations.'' This 
service is free of charge, except for any cost you already incur for 
Internet connectivity. The official Federal Register version of the 
Notice is made available 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 which the documents may be 
downloaded, changes in format, page length, etc. may occur.

II. 1998 NO<INF>X</INF> Regulations

    I have determined that amendments to the CARB's heavy-duty diesel 
powered vehicles and engines regulation are within-the-scope of a prior 
waivers issued under section 209(b) of the Clean Air Act (Act), 42 
U.S.C. 7543(b), granted by EPA to CARB.\1\ The amendments to the 
regulations, outlined in CARB's request letter \2\, and fully described 
in CARB's submissions, provide for: (1) A mandatory 4.0 g/bhp-hr 
NO<INF>X</INF> standard for heavy-duty engines and vehicles for the 
1998 and subsequent model years which parallels EPA's adoption of this 
standard; (2) optional, lower NO<INF>X</INF> emission standards 
beginning with the 1995 model year; (3) changing the ``useful life'' 
definition for heavy-duty engines and vehicles under Title 13, 
California Code of Regulations, section 2112, by extending the period 
of ``useful life'' from eight to ten years while maintaining the 
applicable, alternative mileage provisions that range from 110,000 to 
290,000 miles (whichever occurs first); and (4) implementing new 
requirements for the California Motor Vehicle Emission Control Label 
Specifications in order to identify those engines which are certified 
to the optional, lower emission standards.
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    \1\ CARB generally aligned the California heavy-duty engine 
emission standards with the comparable Federal standards and 
procedures. EPA granted waivers for the aligned gasoline engine 
standards (53 FR 7022 (March 4, 1988)) and diesel engine standards 
(53 FR 7021 (March 4, 1988) and 52 FR 20777 (June 3, 1987)).
    \2\ Docket entry A-2000-45, II-B-1, letter to EPA, from CARB, 
dated February 27, 1997.
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    In a February 27, 1997, letter to EPA, CARB notified EPA of the 
above-described amendments to its heavy-duty vehicle and engine 
regulations and asked EPA to confirm that these amendments are within-
the-scope of previous waivers. EPA can make such a confirmation if 
certain conditions are present. Specifically, if California acts to 
amend a previously waived standard or accompanying enforcement 
procedure, the amendments may be considered within-the-scope of a 
previously granted waiver provided that it does not undermine 
California's determination that its standards in the aggregate are as 
protective of public health and welfare as applicable Federal 
standards, does not affect the consistency with section 202(a) of the 
Act, and raises no new issues affecting EPA's previous authorization 
determination.\3\
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    \3\ Decision Document accompanying scope of waiver determination 
in 51 FR 12391 (April 10, 1986).
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    In its request letter, CARB stated that the amendments will not 
cause the California standards, in the aggregate, to be less protective 
of public health and welfare than the applicable Federal standards. 
Regarding consistency with section 202(a), CARB stated that the 
amendments do not raise any concerns of inadequate leadtime or 
technological feasibility or impose any inconsistent certification 
requirements (compared to the Federal requirements). Finally, CARB 
stated that the amendments raise no new issues affecting the prior EPA 
authorization determinations.
    EPA received no comments in opposition to CARB's findings and thus 
there is nothing in the record to support a denial of CARB's request. 
In addition, EPA's analysis confirms CARB's finding that the criteria 
for these amendments meeting a within-the-scope designation have been 
met. Thus, EPA finds that these amendments are within-the-scope of 
previous authorizations. A full explanation of EPA's decision is 
contained in a Decision Document which may be obtained from EPA as 
noted above.

III. CARB's 1995 Urban Bus Standards

    I have determined that amendments to the CARB's heavy-duty diesel 
powered vehicles and engines regulation are within-the-scope of prior 
waivers issued under section 209(b) of the Clean Air Act (Act), 42 
U.S.C. 7543(b), granted by EPA to CARB.\4\ The amendments to the 
regulations, outlined in CARB's request letter \5\, and fully described 
in CARB's submissions, provide for: (1) An alignment of California's 
particulate matter (PM) standards with Federal standards for such 
engines in the 1994 and 1995 model years and with the Federal PM 
standards starting in the 1996 model year; (2) a NO<INF>X</INF> 
standard starting in the 1996 model year for urban buses; (3) an 
adoption of the Federal urban bus definition; (4) an exemption from the 
4.0 g/bhp-hr NO<INF>X</INF> standard for up to 10 percent of urban bus 
sales for model years 1996 and 1997; (5) an allowance to use California 
diesel fuel for certifying 1996 and 1997 model year urban buses and in 
1998 and thereafter the applicable Federal test fuel; (6) an optional, 
lower NO<INF>X</INF> emission standard beginning with the 1994 model 
year; (7) changing the useful life definition for 1994 and later urban 
buses; and (8) new requirements for Label Specifications
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    \4\ CARB generally aligned the California heavy-duty engine and 
vehicle emission standards with the comparable Federal standards and 
procedures. EPA granted waivers for the aligned gasoline engine 
standards (53 FR 7022 (March 4, 1988) and diesel engine standards 
(53 FR 7021 (March 4, 1988) and 52 FR 20777 (June 3, 1987)).
    \5\ Docket entry A-2002-16, II-A-1, letter to EPA, from CARB, 
dated December 26, 1995.
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    In a December 26, 1995 letter to EPA, CARB notified EPA of the 
above-described amendments to its heavy-duty vehicle and engine 
regulations and asked EPA to confirm that these amendments are within 
the scope of previous waivers.
    In its request letter, CARB stated that the amendments will not 
cause the California standards, in the aggregate, to

[[Page 59922]]

be less protective of public health and welfare than the applicable 
Federal standards. Regarding consistency with section 202(a), CARB 
stated that the amendments do not raise any concerns of inadequate 
leadtime or technological feasibility or impose any inconsistent 
certification requirements (compared to the Federal requirements). 
Finally, CARB stated that the amendments raise no new issues affecting 
the prior EPA authorization determinations.
    EPA received no comments in opposition to CARB's findings and thus 
there is nothing in the record to support a denial of CARB's request. 
In addition, EPA's analysis confirms CARB's finding that the criteria 
for these amendments meeting a within-the-scope designation have been 
met. Thus, EPA finds that these amendments are within-the-scope of 
previous authorizations. A full explanation of EPA's decision is 
contained in a Decision Document which may be obtained from EPA as 
noted above.
    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 heavy-duty diesel powered engines and 
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 
December 6, 2004. Under section 307(b)(2) of the Act, judicial review 
of this final action may not be obtained in subsequent enforcement 
proceedings.
    EPA's determination that these California regulations are within-
the-scope of prior authorizations by EPA does not constitute a 
significant regulatory action under the terms of Executive Order 12866 
and this action is therefore not subject to Office of Management and 
Budget review.
    In addition, 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, does not 
apply because this action is not a rule, for purposes of 5 U.S.C. 
804(3).
    Finally, the Administrator has delegated the authority to make 
determinations regarding authorizations under section 209(b) of the Act 
to the Assistant Administrator for Air and Radiation.

    Dated: September 28, 2004.
Jeffrey R. Holmstead,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 04-22488 Filed 10-5-04; 8:45 am]
BILLING CODE 6560-50-P


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