59920 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Notices 

chloroform or other ozone-depleting 

substances may be needed in the future. 

The timing of the process described 

above is such that in any given year the 

Parties review nominations for essential 

use exemptions from the production 

and consumption phaseout intended for 

the following year and subsequent 

years. This means that, if nominated, 

applications submitted in response to 

today’s notice for an exemption in 2006 

and 2007 will be considered by the 

Parties in 2005 for final action. 

The quantities of controlled ODSs that 

are requested in response to this notice, 

if approved by the Parties to the 

Montreal Protocol in 2005, will then be 

allocated as essential use allowances 

(EUAs) to the specific U.S. companies 

through notice and comment 

rulemaking, to the extent that such 

allocations are consistent with the Act. 

EUAs for the year 2006 will be allocated 

to U.S. companies at the end of 2005, 

and EUAs for the year 2007 will be 

allocated at the end of 2006. 

II. Information Required for Essential 

Use Applications for Production or 

Importation of Class I Substances in 

2006 and 2007 

Through this action, EPA requests 

applications for essential use 

exemptions for all class I substances, 

except methyl bromide, for calendar 

years 2006 and 2007. (EPA requests and 

considers applications for critical use 

exemptions for methyl bromide through 

a separate process.) This notice is the 

last opportunity to submit new or 

revised applications for 2006. This 

notice is also the first opportunity to 

submit requests for 2007. Companies 

will have an opportunity to submit new, 

supplemental, or amended applications 

for 2007 next year. All requests for 

exemptions submitted to EPA must 

present information as prescribed in the 

current version of the TEAP ‘‘Handbook 

on Essential Use Nominations’’ (or 

‘‘handbook’’), which was published in 

June 2001. The handbook is available 

electronically on the Web at http://

www.teap.org, or at http://www.epa.gov/

ozone. 

In brief, the TEAP Handbook states 

that applicants must present 

information on: 

• Role of use in society; 

• Alternatives to use; 

• Steps to minimize use; 

• Steps to minimize emissions; 

• Recycling and stockpiling; 

• Quantity of controlled substances 

requested; and 

• Approval date and indications (for 

MDIs).

First, in order to obtain complete 

information from essential use 

applicants for CFC MDIs, EPA requires 

that any person who requests CFCs for 

multiple companies make clear the 

amount of CFCs requested for each 

member company. Second, all essential 

use applications for CFCs must provide 

a breakdown of the quantity of CFCs 

necessary for each MDI product to be 

produced. This detailed breakdown of 

EUAs will allow EPA and the Food and 

Drug Administration to make informed 

decisions on the amount of CFC to be 

nominated by the U.S. Government for 

the years 2006 and 2007. Third, all new 

drug application (NDA) holders for CFC 

MDI products produced in the United 

States must submit a complete 

application for essential use allowances 

either on their own or in conjunction 

with their contract filler. In the case 

where a contract filler produces a 

portion of an NDA holder’s CFC MDIs, 

the contract filler and the NDA holder 

must determine the total amount of 

CFCs necessary to produce the NDA 

holder’s entire product line of CFC 

MDIs. The NDA holder must provide an 

estimate of how the CFCs would be split 

between the contract filler and the NDA 

holder in the allocation year. This 

estimate will be used only as a basis for 

determining the nomination amount, 

and may be adjusted prior to allocation 

of EUAs. Since the U.S. Government 

cannot forward incomplete or 

inadequate nominations to the Ozone 

Secretariat, it is important for applicants 

to provide all information requested in 

the Handbook, including the 

information specified in the 

Supplemental Research and 

Development form (page 45). 

The accounting framework matrix in 

the handbook entitled ‘‘Table IV: 

Reporting Accounting Framework for 

Essential Uses Other Than Laboratory 

and Analytical’’ requests data for the 

year 2004 on the amount of ODS 

exempted for an essential use, the 

amount acquired by production, the 

amount acquired by import, the amount 

on hand at the start of the year, the 

amount available for use in 2004, the 

amount used for the essential use, the 

quantity contained in exported 

products, the amount destroyed, and the 

amount on hand at the end of 2004. 

Because all data necessary for 

applicants to complete Table IV will not 

be available until after January 1, 2005, 

companies should not include this chart 

with their EUA applications in response 

to this notice. Instead, companies 

should provide the required data as 

specified in 40 CFR 82.13(u)(2). EPA 

must compile companies’ responses to 

complete the U.S. CFC Accounting 

Framework for submission to the Parties 

to the Montreal Protocol by the end of 

January. 

EPA anticipates that the Parties’

review of MDI essential use requests 

will focus extensively on the United 

States’ progress in phasing out CFC 

MDIs, including efforts by 

pharmaceutical companies to research, 

develop, and market non-CFC products. 

Accordingly, applicants are strongly 

advised to present detailed information 

on this subject. Applicants should 

submit their exemption requests to EPA 

as noted in the ADDRESSES section 

above.

Dated: September 28, 2004. 

Jeffrey R. Holmstead, 

Assistant Administrator, Office of Air and 

Radiation.

[FR Doc. 04–22487 Filed 10–5–04; 8:45 am] 

BILLING CODE 6560–50–P

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 HeavyDuty Vehicle and Engine Standards for 

1995 Urban Bus and 1998 NOX

Regulations

AGENCY: Environmental Protection 

Agency.

ACTION: Notice Regarding Within-theScope Determinations. 

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 NOX

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 

Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Notices 59921

1CARB generally aligned the California heavyduty 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.

3 Decision Document accompanying scope of 

waiver determination in 51 FR 12391 (April 10, 

1986).

4CARB generally aligned the California heavyduty 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.

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: 

Dickinson.David@EPA.GOV.

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/EPAAIR/). 

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 NOX 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 NOX 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 NOX

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.

In a February 27, 1997, letter to EPA, 

CARB notified EPA of the abovedescribed 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

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 NOX 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 NOX 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 NOX 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

In a December 26, 1995 letter to EPA, 

CARB notified EPA of the abovedescribed 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 

59922 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Notices 

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 heavyduty 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-thescope 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

ENVIRONMENTAL PROTECTION 

AGENCY

[OPP–2004–0330; FRL–7682–7]

The Association of American Pesticide 

Control Officials/State FIFRA Issues 

Research and Evaluation Group; 

Working Committee on Water Quality 

and Pesticide Disposal; Notice of 

Public Meeting

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: The Association of American 

Pesticide Control Officials (AAPCO)/

State FIFRA Issues Research and 

Evaluation Group (SFIREG) Working 

Committee on Water Quality and 

Pesticide Disposal (WC/WQ&PD) will 

hold a 2–day meeting, beginning on 

October 25, 2004, and ending October 

26, 2004. This notice announces the 

location and times for the meeting and 

sets forth the tentative agenda topics.

DATES: The meeting will be held on 

Monday, October 25, 2004, from 8:30 

a.m. to 5 p.m., and on Tuesday, October 

26, 2004, from 8:30 a.m. to noon.

ADDRESSES: The meeting will be held at 

the Doubletree Hotel, 300 Army Navy 

Drive, Arlington, VA.

FOR FURTHER INFORMATION CONTACT:

Georgia A. McDuffie, Field and External 

Affairs Division, (7506C), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (703) 605–

0195; fax number: (703) 308–1850; email address:mcduffie.georgia@epa.gov

or 

Philip H. Gray, SFIREG Executive 

Secretary, P.O. Box 1249, Hardwick, VT 

05843–1249; telephone number: (802) 

472–6956; fax number: (802) 472–6957; 

e-mail 

address:aapco@plainfield.bypass.com.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by 

this action if you are interested in 

SFIREG information exchange 

relationship with EPA regarding 

important issues related to human 

health, environmental exposure to 

pesticides, and insight into EPA’s 

decision-making process. All interested 

parties are invited and encouraged to 

attend the meetings and participate as 

appropriate. Potentially affected entities 

may include, but are not limited to 

those persons who are or may be 

required to conduct testing of chemical 

substances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), or the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA). Since other 

entities may also be interested, the 

Agency has not attempted to describe all 

the specific entities that may be affected 

by this action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established an 

official public docket for this action 

under docket identification (ID) number 

OPP–2004–0330. The official public 

docket consists of the documents 

specifically referenced in this action, 

any public comments received, and 

other information related to this action. 

Although a part of the official docket, 

the public docket does not include 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. The official public 

docket is the collection of materials that 

is available for public viewing at the 

Public Information and Records 

Integrity Branch (PIRIB), Rm. 119, 

Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805.

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/.

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/

to view public comments, access the 

index listing of the contents of the 

official public docket, and to access 

those documents in the public docket 

that are available electronically. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available