11878 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices 

1Under CARB’s regulations, an LDT1 is a lightduty truck having a loaded weight of 0–3750 

pounds. 

2 58 FR 4166, January 13, 1993. 

quantities.’’ Under section 109 of the 

CAA, EPA establishes national ambient 

air quality standards (NAAQS) for each 

listed pollutant, with the NAAQS based 

on the air quality criteria. Section 109(d) 

of the CAA requires periodic review 

and, if appropriate, revision of existing 

air quality criteria. The revised air 

quality criteria reflect advances in 

scientific knowledge on the effects of 

the pollutant on public health or 

welfare. The EPA is also required to 

periodically review and revise the 

NAAQS, if appropriate, based on the 

revised criteria. 

The EPA is currently conducting a 

joint review of the existing secondary 

(welfare-based) NAAQS for oxides of 

nitrogen (NOX) and oxides of sulfur 

(SOX). Because NOX, SOX, and their 

associated transformation products are 

linked from an atmospheric chemistry 

perspective as well as from an 

environmental effects perspective, and 

because of the National Research 

Council’s 2004 recommendations to 

consider multiple pollutants in forming 

the scientific basis for the NAAQS, EPA 

has decided to jointly assess the science, 

risks, and policies relevant to protecting 

the public welfare associated with NOX

and SOX. This is the first time since 

NAAQS were established in 1971 that a 

joint review of these two pollutants has 

been conducted. Since both the CASAC 

and EPA have recognized these 

interactions historically, and the science 

related to these interactions has 

continued to evolve and grow to the 

present day, there is a strong basis for 

considering them together. 

As part of this review of the current 

secondary (welfare-based) NAAQS for 

NOX and SOX, EPA’s OAQPS staff are 

preparing a first draft Policy 

Assessment. The objective of this 

assessment is to evaluate the policy 

implications of the key scientific 

information contained in the document 

Integrated Science Assessment for 

Oxides of Nitrogen and SulfurEcological Criteria (http:// 

cfpub.epa.gov/ncea/cfm/ 

recordisplay.cfm?deid=201485), 

prepared by EPA’s National Center for 

Environmental Assessment (NCEA) and 

the results from the analyses contained 

in the Risk and Exposure Assessment 

for Review of the Secondary National 

Ambient Air Quality Standards for 

Oxides of Nitrogen and Oxides of Sulfur 

(http://www.epa.gov/ttn/naaqs/ 

standards/no2so2sec/cr_rea.html). The 

first draft Policy Assessment will be 

available online at: http://www.epa.gov/ 

ttn/naaqs/standards/no2so2sec/ 

index.html. This first draft Policy 

Assessment will be reviewed by the 

CASAC during a public meeting to be 

held April 1 and 2, 2010. Information 

about this public meeting will be 

available at http://yosemite.epa.gov/sab/ 

sabpeople.nsf/WebCommittees/CASAC. 

Dated: March 9, 2010. 

Mary E. Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2010–5576 Filed 3–11–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[AMS–FRL–9126–5] 

California State Motor Vehicle 

Pollution Control Standards; 

Amendments to the California Zero 

Emission Vehicle (ZEV) Regulation; 

Waiver Request; Opportunity for 

Public Hearing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of opportunity for public 

hearing and comment. 

SUMMARY: The California Air Resources 

Board (CARB) has notified EPA that it 

has adopted amendments to its 

regulations related to zero emission 

vehicles (ZEVs) in California. By letter 

dated September 17, 2009, CARB 

requested that EPA confirm that its 

amendments as they affect model years 

2008–2011 are within-the-scope of 

previous waivers of preemption issued 

by EPA. CARB also requests that EPA 

confirm that amendments as they affect 

the 2012 and subsequent model years 

are also within-the-scope of previous 

waivers of preemption issued by EPA; 

or, in the alternative, that EPA grant a 

new waiver of preemption for these 

future model years. This notice 

announces that EPA has tentatively 

scheduled a public hearing concerning 

California’s request and that EPA is 

accepting written comment on the 

request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on April 13, 2010 at 10 a.m. EPA 

will hold a hearing only if any party 

notifies EPA by April 1, 2010, 

expressing its interest in presenting oral 

testimony. By April 6, 2010, any person 

who plans to attend the hearing may 

call David Dickinson at (202) 343–9256 

to learn if a hearing will be held or may 

check the following Web site for an 

update: http://www.epa.gov/otaq/ 

cafr.htm. 

Parties wishing to present oral 

testimony at the public hearing should 

also provide written notice to David 

Dickinson at the address noted below. If 

EPA receives a request for a public 

hearing, that hearing will be held at 

1310 L St, NW., Washington, DC 20005. 

If EPA does not receive a request for 

a public hearing, then EPA will not hold 

a hearing, and instead consider CARB’s 

request based on written submissions to 

the docket. Any party may submit 

written comments by May 17, 2010. 

ADDRESSES: EPA will make available for 

public inspection materials submitted 

by CARB, written comments received 

from interested parties, and any 

testimony given at the public hearing. 

Materials relevant to this proceeding are 

contained in the Air and Radiation 

Docket and Information Center, 

maintained in Docket No. EPA–HQ– 

OAR–2009–0780. The docket is located 

at The Air Docket, Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20460, and may be viewed between 

8 a.m. and 5:30 p.m., Monday through 

Friday. The telephone is (202) 566– 

1742. A reasonable fee may be charged 

by EPA for copying docket material. 

Additionally, an electronic version of 

the public docket is available through 

the Federal government’s electronic 

public docket and comment system. 

You may access EPA dockets at http:// 

www.regulations.gov. After opening the 

http://www.regulations.gov Web site, 

enter EPA–HQ–OAR–2009–0780 in 

‘‘Search Documents’’ to view documents 

in the record. 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. 

FOR FURTHER INFORMATION CONTACT: 

David Dickinson, Compliance and 

Innovative Strategies Division (6405J), 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Ave, NW., 

Washington, DC 20460. Telephone: 

(202) 343–9256, Fax: (202) 343–2804, email address: Dickinson.David@epa.gov. 

SUPPLEMENTARY INFORMATION: 

(A) Procedural History 

Within CARB’s 1990–1991 California 

Low Emission Vehicle (LEV I) 

rulemaking, CARB required that ten 

percent of the passenger cars and 

LDT1s 1 marketed by all but small 

volume manufacturers were required to 

be ZEVs starting in the 2003 model year. 

EPA granted California an initial waiver 

of preemption for California’s original 

1990 ZEV requirements in January 1993 

as part of the LEV I waiver.2 CARB 

amended its original ZEV requirements 

in 1996, and in January 2001, EPA 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices 11879 

3 66 FR 7751, January 25, 2001. 

4 71 FR 78190, December 28, 2006. In the 

alternative, EPA found that the amendments 

affecting these vehicles also met the requirements 

for a full waiver. 

5As explained in CARB’s request letter and its 

attachments (including the amended regulation), 

the 2008 ZEV amendments modify or establish 

requirements for Phase I (2005–2008), Phase II 

(2009–2011); Phase III (2012–2014); Phase IV 

(2015–2017) and Phase V (2018 and later) model 

years. 

found that those amendments, which 

modified manufacturer ZEV production 

mandates for model years 1998 through 

2002, were within-the-scope of the 

originally-granted waiver.3 CARB again 

amended its ZEV requirements in 1999, 

2001, and 2003, as they applied to 2007 

and earlier model year passenger cars 

and LDT1s; in December 2006, EPA 

determined that those amendments fell 

within-the-scope of the 1993 waiver.4

Within the December 2006 decision, 

EPA also granted CARB a new waiver 

for its 2007 through 2011 model year 

ZEV requirements. EPA expressly made 

no finding as to the 2012 and later 

model years. 

CARB has again approved 

amendments to its ZEV requirements at 

a March 27, 2008 public hearing; the 

final amendments were adopted by 

Executive Order R–08–015 on December 

17, 2008 (2008 ZEV amendments).5

Because of the nature of CARB’s 2008 

ZEV amendments, CARB now requests, 

as stated in its September 17, 2009 

letter, that EPA confirm that the 2008 

ZEV amendments, as they affect the 

2011 and earlier model years, be 

confirmed as within-the-scope of 

previous waivers. In addition, CARB 

also requests that the 2008 ZEV 

amendments, as they affect the 2012 and 

later model years, also be considered 

within-the-scope of previous waivers, 

or, alternatively, be granted a full waiver 

of preemption by EPA. CARB also states 

that EPA should grant a full waiver of 

preemption for the amendments as they 

affect the 2011 and earlier model years 

if EPA determines that the amendments 

are not within-the-scope of previous 

waivers for those model years. 

(B) Background and Discussion 

Section 209(a) of the Clean Air Act, as 

amended (Act), 42 U.S.C. 7543(a), 

provides: 

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. No state 

shall require certification, inspection or any 

other approval relating to the control of 

emissions from any new motor vehicle or 

new motor vehicle engine as condition 

precedent to the initial retail sale, titling (if 

any), or registration of such motor vehicle, 

motor vehicle engine, or equipment. 

Section 209(b)(1) of the Act requires 

the Administrator, after notice and 

opportunity for public hearing, to waive 

application of the prohibitions of 

section 209(a) for any State that has 

adopted standards (other than crankcase 

emission standards) for the control of 

emissions from new motor vehicles or 

new motor vehicle engines prior to 

March 30, 1966, 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. California is the only State 

that is qualified to seek and receive a 

waiver under section 209(b). The 

Administrator must grant a waiver 

unless she finds that (A) the abovedescribed ‘‘protectiveness’’ 

determination of the State is arbitrary 

and capricious, (B) the State does not 

need the State standard to meet 

compelling and extraordinary 

conditions, or (C) the State standards 

and accompanying enforcement 

procedures are not consistent with 

section 202(a) of the Act. EPA has 

previously stated that ‘‘consistency with 

section 202(a)’’ requires that California’s 

standards must be technologically 

feasible within the lead time provided, 

given due consideration of costs, and 

that California and applicable Federal 

test procedures be consistent. 

When EPA receives new waiver 

requests from CARB, EPA traditionally 

publishes a notice of opportunity for 

public hearing and comment and then, 

after the comment period has closed, 

publishes a notice of its decision in the 

Federal Register. In contrast, when EPA 

receives within-the-scope waiver 

requests from CARB, EPA usually 

publishes a notice of its decision in the 

Federal Register and concurrently 

invites public comment if an interested 

party is opposed to EPA’s decision. 

Although CARB has submitted a 

within-the-scope waiver request for its 

ZEV amendments as they affect the 2011 

and earlier model years and the 2012 

and later model years, EPA invites 

comment on the following issues. First, 

should California’s ZEV amendments, as 

they affect either the 2011 and earlier 

model years or the 2012 model years 

and later, be considered under the 

within-the-scope criteria or should be 

considered under the full waiver 

criteria? Second, to the extent that those 

amendments should be considered as a 

within-the-scope request, do such 

amendments meet the criteria for EPA to 

grant a within-the-scope confirmation? 

Specifically, do those amendments: (a) 

Undermine California’s previous 

determination that its standards, in the 

aggregate, are at least as protective of 

pubic health and welfare as comparable 

Federal standards, (b) affect the 

consistency of California’s requirements 

with section 202(a) of the Act, or (c) 

raise new issues affecting EPA’s 

previous waiver determinations? Please 

also provide comments to address the 

full waiver analysis, in the event that 

EPA cannot confirm that CARB’s ZEV 

amendments are within-the-scope of 

previous waivers. The full waiver 

analysis, which we are requesting 

comment on, include consideration of 

the following three criteria: Whether (a) 

CARB’s determination that its 

standards, in the aggregate, are at least 

as protective of public health and 

welfare as applicable Federal standards 

is arbitrary and capricious, (b) California 

needs separate standards to meet 

compelling and extraordinary 

conditions, and (c) California’s 

standards and accompanying 

enforcement procedures are consistent 

with section 202(a) of the Act. 

Procedures for Public Participation: In 

recognition that public hearings are 

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 that he or 

she deems irrelevant or repetitious and 

to impose reasonable time 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 

pubic hearing is held, EPA will keep the 

record open until May 17, 2010. Upon 

expiration of the comment period, the 

Administrator will render a decision of 

CARB’s request based on the record of 

the public hearing, if any, relevant 

written submissions, and other 

information that she deems pertinent. 

All information will be available for 

inspection at the EPA Air Docket No. 

EPA–HQ–OAR–2009–0780. 

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 

decision in part on a submission labeled 

as CBI, then a non-confidential version 

of the document that summarizes the 


srobinson on DSKHWCL6B1PROD with NOTICES
11880 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices 

1Section 209(e)(1) states, in part: No State or any 

political subdivision thereof shall adopt or attempt 

to enforce any standard or other requirement 

relating to the control of emissions from either of 

the following new nonroad engines or nonroad 

vehicles subject to regulation under this Act— 

(A) New engines which are used in construction 

equipment or vehicles or used in farm equipment 

or vehicles and which are smaller than 175 

horsepower. 

(B) New locomotives or new engines used in 

locomotives. 

EPA’s regulation was published at 59 FR 36969 

(July 20, 1994), and regulations set forth therein, 40 

CFR Part 85, Subpart Q, §§ 85.1601 et seq. A new 

rule, signed on September 4, 2008, moves these 

provisions to 40 CFR Part 1074. 

2See 40 CFR Part 85, Subpart Q, § 85.1605. Upon 

effectiveness of the new rule, these criteria will be 

codified at 40 CFR 1074.105. 

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 EPA receives it, EPA 

will make it available to the public 

without further notice to the person 

making comments. 

Dated: March 5, 2010. 

Margo Tsirigotis Oge, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2010–5485 Filed 3–11–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[AMS–FRL–9126–4] 

California State Nonroad Engine 

Pollution Control Standards; California 

Nonroad Compression Ignition 

Engines—In-Use Fleets; Authorization 

Request; Opportunity for Public 

Hearing and Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of opportunity for public 

hearing and comment. 

SUMMARY: The California Air Resources 

Board (CARB) has notified EPA that it 

has adopted amendments to its emission 

standards for fleets that operate 

nonroad, diesel fueled equipment with 

engines 25 horsepower (hp) and greater. 

EPA previously announced an 

opportunity for public hearing and 

written comment on CARB’s initial 

request for an authorization of its 

original regulations (73 FR 58585 

(October 7, 2008) and 73 FR 67509 

(November 14, 2008)). By this notice 

EPA is announcing an additional public 

hearing and a new written comment 

period. 

DATES: EPA has scheduled a public 

hearing CARB’s request on April 14, 

2010, beginning at 10 a.m. The hearing 

will be held at 1310 L St., NW., 

Washington, DC 20005. Parties wishing 

to present oral testimony at the public 

hearing should provide written 

notification to David Dickinson at the 

address noted below. Should you have 

further questions regarding the hearing 

please contact David Dickinson or you 

may consult the following Web site for 

any updates: http://www.epa.gov/otaq/ 

cafr.htm. Any party may submit written 

comment by May 18, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0691, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2008– 

0691, Environmental Protection Agency, 

Mailcode: 6102T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460. 

Please include a total of two copies. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20460. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2008– 

0691. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

FOR FURTHER INFORMATION CONTACT: 

David Dickinson, Compliance and 

Innovative Strategies Division (6405J), 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Ave, NW., 

Washington, DC 20460. Telephone: 

(202) 343–9256, Fax: (202) 343–2804, email address: 

Dickinson.David@EPA.GOV. 

SUPPLEMENTARY INFORMATION: 

Background and Discussion: Section 

209(e)(1) of the Act addresses the 

permanent preemption of any State, or 

political subdivision thereof, from 

adopting or attempting to enforce any 

standard or other requirement relating 

to the control of emissions for certain 

new nonroad engines or vehicles. 

Section 209(e)(2) of the Act requires the 

Administrator to grant California 

authorization to enforce State standards 

for new nonroad engines or vehicles 

which are not listed under section 

209(e)(1), subject to certain restrictions. 

On July 20, 1994, EPA promulgated a 

regulation that sets forth, among other 

things, the criteria, as found in section 

209(e)(2), by which EPA must consider 

any California authorization requests for 

new nonroad engines or vehicle 

emission standards (section 209(e) 

rules).1

Section 209(e)(2) requires the 

Administrator, after notice and 

opportunity for public hearing, to 

authorize California to enforce 

standards and other requirements 

relating to emissions control of new 

engines not listed under section 

209(e)(1). The section 209(e) rule and its 

codified regulations 2 formally set forth 

the criteria, located in section 209(e)(2) 

of the Act, by which EPA must grant 

California authorization to enforce its 

new nonroad emission standards and 

they are as follows: 


srobinson on DSKHWCL6B1PROD with NOTICES