5368 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Notices 

What is the next step in the process for 

this ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. At that time, EPA will issue 

another Federal Register notice 

pursuant to 5 CFR 1320.5(a)(1)(iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about this ICR or the 

approval process, please contact the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: January 24, 2011. 

Elizabeth Craig, 

Acting Director, Office of Atmospheric 

Programs. 

[FR Doc. 2011–1921 Filed 1–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9260–4] 

California State Motor Vehicle 

Pollution Control Standards; 

Greenhouse Gas Regulations; Withinthe-Scope 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 

passenger vehicle greenhouse gas (GHG) 

emissions program. These amendments 

were formally adopted by CARB’s Board 

in September 2009 and February 2010. 

By letter dated June 28, 2010, CARB 

submitted a request seeking EPA’s 

confirmation that these amendments are 

within-the-scope of the waiver of 

preemption issued by EPA under 

section 209(b) of the Clean Air Act on 

June 30, 2009. This notice announces 

that EPA has tentatively scheduled a 

public hearing and is accepting written 

comment on California’s request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on Thursday, February 17, 2011, 

beginning at 10 a.m. EPA will hold a 

hearing only if a party notifies EPA by 

February 7, 2011, expressing interest in 

presenting oral testimony. By February 

11, 2011, any person who plans to 

attend the hearing should call Kristien 

Knapp at (202) 343–9949, to learn if a 

hearing will be held. Interested parties 

may also refer to http://www.epa.gov/ 

otaq/cafr.htm for information regarding 

the tentatively scheduled hearing. 

Parties wishing to present oral 

testimony at the public hearing should 

provide written notice to Kristien 

Knapp at the e-mail address noted 

below. If EPA receives a request for a 

public hearing, that hearing will be held 

in Room 1332A of the Ariel Rios North 

Building, which is located at 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20004. 

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 until March 17, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID EPA–HQ–OAR– 

2010–0653, by one of the following 

methods: 

• On-Line at 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 EPA–HQ–OAR–2010–0653, 

U.S. 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. 

On-Line Instructions for Submitting 

Comments: Direct your comments to 

Docket ID EPA–HQ–OAR–2010–0653. 

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 automatically be 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. 

EPA will make available for public 

inspection materials submitted by 

CARB, written comments received from 

any 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 ID EPA–HQ– 

OAR–2010–0653. Publicly available 

docket materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket in the EPA 

Headquarters Library, EPA West 

Building, Room 3334, located at 1301 

Constitution Avenue, NW., Washington, 

DC. The Public Reading Room is open 

to the public on all Federal government 

work days from 8:30 a.m. to 4:30 p.m.; 

generally, it is open Monday through 

Friday, excluding holidays. The 

telephone number for the Reading Room 

is (202) 566–1744. The Air and 

Radiation Docket and Information 

Center’s Web site is http://www.epa.gov/ 

oar/docket.html. The electronic mail (email) address for the Air and Radiation 

Docket is: a-and-r-Docket@epa.gov, the 

telephone number is (202) 566–1742, 

and the fax number is (202) 566–9744. 

An electronic version of the public 

docket is available through the Federal 

government’s electronic public docket 

and comment system. You may access 

EPA docket at http:// 

www.regulations.gov. After opening the 

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

enter EPA–HQ–OAR–2010–0653 in the 

‘‘Enter Keyword or ID’’ fill-in box 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. 

EPA’s Office of Transportation and 

Air Quality also maintains a Web page 

that contains general information on its 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Notices 5369 

1 73 FR 12,156 (March 6, 2008). 

2 74 FR 32,744 (July 8, 2009). 

3California Code of Regulations, Title 13 

§ 1961.1(a)(1)(A)(i). 

4California Code of Regulations, Title 13 

§ 1961(a)(1)(B). 

5California Code of Regulations, Title 13 

§ 1961.1(a)(1)(A)(ii). The National Program referred 

to in California’s regulation and promulgated by 

EPA and NHTSA can be found at 75 FR 25323 (May 

7, 2010). 

6See S.Rep. No. 90–403 at 632 (1967). 

7Clean Air Act (CAA) section 209(b)(1)(A). 

8CAA section 209(b)(1)(B). 

9CAA section 209(b)(1)(C). 

10See, e.g., 74 FR at 32767 (July 8, 2009); see also 

Motor and Equipment Manufacturers Association v. 

EPA (MEMA I), 627 F.2d 1095, 1126 (DC Cir. 1979). 

review of California waiver requests. 

Included on that page are links to prior 

waiver Federal Register notices which 

are cited in today’s notice; the page can 

be accessed at http://www.epa.gov/otaq/ 

cafr.htm. Interested parties may also 

refer to the Web page for updated 

information on whether a hearing will 

held. 

FOR FURTHER INFORMATION CONTACT: 

Kristien Knapp, Compliance and 

Innovative Strategies Division, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue (6405J), NW., 

Washington, DC 20460. Telephone: 

(202) 343–9949. Fax: (202) 343–2804. Email: knapp.kristien@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Chronology 

By letter dated December 21, 2005, 

CARB submitted to EPA a request 

seeking a waiver of preemption under 

section 209(b) of the Clean Air Act for 

California’s passenger motor vehicle 

greenhouse gas (GHG) regulations. EPA 

originally denied CARB’s request for a 

waiver of preemption in a Federal 

Register notice dated March 6, 2008.1

CARB subsequently submitted a request 

that EPA reconsider that waiver denial 

on January 21, 2009. EPA’s decision on 

reconsideration—granting California’s 

waiver request—was issued on June 30, 

2009, and published in the Federal 

Register on July 8, 2009.2

II. CARB’s Passenger Vehicle GHG 

Amendments 

In September 2009, CARB adopted its 

‘‘Section 177 State ‘Pooling’ 

Amendments’’ that include provisions 

intended to streamline manufacturers’ 

obligations by: (1) Providing 

manufacturers with the option of 

pooling vehicle sales across California 

and in States that have adopted 

California’s GHG standards starting with 

model years 2009 through 2011,3 and (2) 

revising its certification requirements to 

accept data from the Corporate Average 

Fuel Economy (CAFE) program.4 Then 

in February 2010, CARB adopted its 

‘‘2012–2016 Model Year National 

Program Amendments’’ that allow 

manufacturers to use the National 

Program greenhouse gas standards as 

deemed to comply with the California 

standards during the respective 2012 

through 2016 model years.5 By letter 

dated June 28, 2010, CARB submitted a 

request seeking EPA’s confirmation that 

these two sets of amendments are 

within-the-scope of the waiver of 

preemption issued by EPA under 

section 209(b) of the Clean Air Act on 

June 30, 2009. 

III. Clean Air Act Waivers of 

Preemption 

Section 209(a) of the Clean Air Act 

preempts States and local governments 

from setting emission standards for new 

motor vehicles and engines; it 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. 

Through operation of section 209(b) of 

the Act, California is able to seek and 

receive a waiver of section 209(a)’s 

preemption. If certain criteria are met, 

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). A waiver can be granted 

for any State that had 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 its standards 

will be, in the aggregate, at least as 

protective of public health and welfare 

as applicable Federal standards (this is 

known as California’s ‘‘protectiveness 

determination’’). Because California was 

the only State to have adopted standards 

prior to 1966, it is the only State that is 

qualified to seek and receive a waiver.6

The Administrator must grant a waiver 

unless she finds that: (A) California’s 

above-noted ‘‘protectiveness 

determination’’ is arbitrary and 

capricious; 7 (B) California does not 

need such State standards to meet 

compelling and extraordinary 

conditions; 8 or (C) California’s 

standards and accompanying 

enforcement procedures are not 

consistent with section 202(a) of the 

Act.9 Regarding consistency with 

section 202(a), EPA reviews California’s 

standards for technological feasibility 

and evaluates testing and enforcement 

procedures to determine whether they 

would be inconsistent with Federal test 

procedures (e.g., if manufacturers would 

be unable to meet both California and 

Federal test requirements using the 

same test vehicle).10

IV. Within-the-Scope Determinations 

If California amends regulations that 

were previously granted a waiver of 

preemption, EPA can confirm that the 

amended regulations are within-thescope of the previously granted waiver 

if three conditions are met. First, the 

amended regulations must not 

undermine California’s determination 

that its standards, in the aggregate, are 

as protective of public health and 

welfare as applicable Federal standards. 

Second, the amended regulations must 

not affect consistency with section 

202(a) of the Act. Third, the amended 

regulations must not raise any ‘‘new 

issues’’ affecting EPA’s prior waivers. 

V. EPA’s Request for Comments 

When EPA receives new waiver 

requests from CARB, EPA traditionally 

publishes a notice of opportunity for 

public hearing and comment, and then 

publishes a decision in the Federal 

Register following the conclusion of the 

comment period. In contrast, when EPA 

receives a request from CARB for a 

within-the-scope confirmation, EPA 

may publish a decision in the Federal 

Register and concurrently invite public 

comment if an interested party is 

opposed to EPA’s decision. 

Although CARB’s request regarding 

its ‘‘Section 177 State ‘Pooling’ 

Amendments’’ and its ‘‘2012–2016 

Model Year National Program 

Amendments’’ was submitted as a 

within-the-scope request, EPA is 

inviting comment on several issues. 

Within the context of a within-the-scope 

analysis, EPA invites comment on 

whether California’s standards: (1) 

Undermine California’s previous 

determination that its standards, in the 

aggregate, are at least as protective of 

public health and welfare as comparable 

Federal standards, (2) affect the 

consistency of California’s requirements 

with section 202(a) of the Act, and (3) 

raise any other new issues affecting 

EPA’s previous waiver determinations. 

EPA is also requesting comment on 

issues relevant to a full waiver analysis, 

in the event that EPA determines that 

California’s standards should not be 

considered within-the-scope of CARB’s 


jlentini on DSKJ8SOYB1PROD with NOTICES
5370 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Notices 

previous waivers, and instead require a 

full waiver analysis. Specifically, please 

comment on: (a) Whether 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) whether California needs 

separate standards to meet compelling 

and extraordinary conditions, and (c) 

whether California’s standards and 

accompanying enforcement procedures 

are consistent with section 202(a) of the 

Act. 

VI. Procedures for Public Participation 

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 March 17, 2011. 

Upon expiration of the comment period, 

the Administrator will render a decision 

on CARB’s request based on the record 

from the public hearing, if any, all 

relevant written submissions, and other 

information that she deems pertinent. 

All information will be available for 

inspection at the EPA Air Docket EPA– 

HQ–OAR–2010–0653. 

Persons with comments containing 

proprietary information must 

distinguish such information from other 

comments to the greatest extent possible 

and label it as ‘‘Confidential Business 

Information’’ (CBI). If a person making 

comments wants EPA to base its 

decision on a submission labeled as CBI, 

then a non-confidential version of the 

document that summarizes the key data 

or information should be submitted to 

the public docket. To ensure that 

proprietary information is not 

inadvertently placed in the public 

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 according to 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: January 25, 2011. 

Margo T. Oge, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2011–2045 Filed 1–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–SFUND–2010–1086; FRL–9260–1] 

Potential Addition of Vapor Intrusion 

Component to the Hazard Ranking 

System 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Opportunity for Public 

Input. 

SUMMARY: The Environmental Protection 

Agency (‘‘EPA’’) is soliciting stakeholder 

input on whether to include a vapor 

intrusion component to the Hazard 

Ranking System (‘‘HRS’’). The HRS is the 

principal mechanism EPA uses to place 

sites on the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) National Priorities List (NPL). 

This potential addition would allow the 

HRS to directly consider the human 

exposure to contaminants that enter 

building structures through the 

subsurface environment and thus, 

enabling sites with vapor intrusion 

contamination to be evaluated for 

placement on the NPL. EPA is accepting 

public feedback on specific topics 

related to the potential HRS revision 

(see SUPPLEMENTARY INFORMATION

section of this Notice), and will consider 

information gathered during this 

comment period, as well as input from 

three public listening sessions before 

making a decision on whether to issue 

a proposed rulemaking to add a vapor 

intrusion component to the HRS. The 

Agency is requesting comments only 

regarding this potential addition to the 

HRS. The Agency is not considering 

changes to the remainder of the HRS. 

DATES: Comments on the topics 

identified in the SUPPLEMENTARY

INFORMATION section of this notice must 

be submitted (postmarked) on or before 

April 16, 2011. 

ADDRESSES: Submit comments on the 

topics identified in the SUPPLEMENTARY

INFORMATION section of this notice, 

identified by Docket ID No. EPA–HQ– 

SFUND–2010–1086, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: superfund.docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: U.S. Environmental 

Protection Agency; EPA Docket Center, 

Superfund Docket, Mail Code 28221T; 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460. 

• Hand Delivery: EPA Docket 

Center—Public Reading Room; EPA 

West Building, Room 3334; 1301 

Constitution Avenue, NW., Washington, 

DC 20004. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

• Listening Session: Oral and written 

comments on the topics in the 

SUPPLEMENTARY INFORMATION section of 

this Notice will be accepted at each of 

the three listening sessions. Follow the 

instructions provided on the listening 

session Web site at http://www.epa.gov/ 

superfund/sites/npl/hrsaddition.htm for 

preparing written comments to be 

submitted at one of the listening 

sessions. 

Instructions: Direct comments on the 

topics identified in the SUPPLEMENTARY

INFORMATION section of this notice to 

Docket ID No. EPA–HQ–SFUND–2010– 

1086. 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 

superfund.docket@epa.gov. Note that 

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 along 

with any disk or CD–ROM submitted. 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. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 


jlentini on DSKJ8SOYB1PROD with NOTICES