Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Notices 9185

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5697–7]

California State Motor Vehicle

Pollution Control Standards;

Opportunity for Public Hearing

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of opportunity for public

hearing and public comment.

SUMMARY: The California Air Resources

Board (CARB) has notified EPA that it

has approved amendments to its

evaporative emission standards and

testing procedures for passenger cars,

light-duty trucks, medium-duty

vehicles, and heavy-duty vehicles and

engines, for all fuels except diesel fuel

and natural gas, for 1996 through 1998

model years. By letter dated October 16,

1996, California requested EPA to grant

a waiver of Federal preemption for these

amendments pursuant to section 209(b)

of the Clean Air Act (Act), 42 U.S.C.

7543(b). This notice announces that

EPA has tentatively scheduled a public

hearing for March 26, 1997 to consider

CARB’s request and to hear comments

from the general public concerning

CARB’s request. In addition, EPA is

requesting that interested parties submit

written comments. Any party desiring to

present oral testimony for the record at

the public hearing, instead of or in

addition to submitting written

comments, must notify EPA by March

20, 1997. If no party notifies EPA that

it wishes to testify, then no hearing will

be held and EPA will consider CARB’s

request based on written submissions to

the record.

It should be noted that these

amendments are limited to California’s

evaporative emission test standards and

testing procedures for the 1996 through

1998 model years. EPA anticipates a

separate waiver request and proceeding

regarding CARB’s evaporative emission

test procedures and standards for the

1999 model year and thereafter.

Therefore, parties wishing to comment

should confine the scope of their

comments to issues pertaining to the

1996 through 1998 model years.

DATES: EPA has tentatively scheduled a

public hearing for March 26, 1997,

beginning at 10:00 a..m., if any party

notifies EPA by March 20, 1997, that it

wishes to present oral testimony

regarding CARB’s requests. By March

21, 1997, any person who plans to

attend the hearing should call Mr. David

Dickinson of EPA’s Vehicle Programs

and Compliance Division at (202) 233–

9256 to determine if a hearing will be

held. Any party may submit written

comments regarding CARB’s request by

April 30, 1997.

ADDRESSES: If EPA receives a request for

a public hearing, EPA will hold the

public hearing announced in this notice

in the first floor conference room at 501

3rd Street, NW., Washington, D.C.

Parties wishing to present oral

testimony at the public hearing should

provide written notice to Mr. Dickinson,

Vehicles Programs and Compliance

Division, 401 M St., S.W. (6405J),

Washington, DC 20460. In addition,

written comments regarding the waiver

request should be sent, in duplicate, to

Mr. Dickinson at the address noted

above. Copies of material relevant to the

waiver request (Docket No. A–95–39)

will be available for public inspection

during the working hours of 8:00 a.m. to

5:30 p.m. Monday through Friday, at the

U.S. Environmental Protection Agency,

Air and Radiation Docket and

Information Center, Room M1500, First

Floor Waterside Mall, 401 M St., S.W.,

Washington, DC 20460, Telephone:

(202) 260–7548.

FOR FURTHER INFORMATION CONTACT: Mr.

David Dickinson, Attorney/Advisor,

Vehicles Programs and Compliance

Division, U.S. Environmental Protection

Agency, 401 M St., S.W. (6405J),

Washington, DC 20460. Telephone:

(202) 233–9256. E-Mail address:

Dickinson.David@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Discussion

Section 209(a) of the Act as amended,

42 U.S.C. 7543(a), provides in part: ‘‘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 * * * [or] require certification,

inspection, or any other approval

relating to the control of emissions

* * * as condition precedent to the

initial retail sale, titling (if any), or

registration of such motor vehicle,

motor vehicle engine, or equipment.’’

The State of California may be

exempted from the prohibitions of

section 209(a) of the Act. Section 209(b)

of the Act provides in part that the

Administrator shall, after notice and

opportunity for public hearing, waive

application of the prohibitions of

section 209(a) for California ‘‘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. No such

waiver shall be granted if the

Administrator finds that—(A) the

determination of the State is arbitrary

and capricious, (B) [California] does not

need such * * * standards to meet

compelling and extraordinary

conditions, or (C) [its] standards and

accompanying enforcement procedures

are not consistent with section 202(a) of

(the Act).’’

Once California has been granted a

waiver of the application of the

prohibitions of section 209(a) for its

standards and accompanying

enforcement procedures for a class of

vehicles, it may adopt other conditions

precedent to initial retail sale, titling or

registration of the subject class of

vehicles without the necessity of

receiving further waiver of Federal

preemption.

By letter dated August 21, 1995,

CARB submitted to EPA a request for

waiver of Federal preemption for

amendments to its evaporative emission

standards and test procedures. By letter

dated October 16, 1996, CARB

submitted a revised request for waiver

of Federal preemption limiting the

applicability of these amendments to

the 1996 through 1998 model years.

These amendments which apply to all

classes of passenger cars, light-duty

trucks, medium-duty vehicles, and

heavy-duty vehicles and engines, except

petroleum-fueled diesel vehicles and

vehicles fueled by natural gas:

a. Incorporate a supplemental test

procedure to help assure adequate

evaporative canister purge.

b. Further align CARB’s enhanced test

procedures with the federal test

procedures by conforming most of the

differences between the two test

procedures.

c. Make the enhanced test procedure

applicable to the complete heavy

medium-duty vehicle class (8,501–

14,000 lbs., gross weight vehicle rating

(GVWR)).

d. Amend the evaporative emission

standard for the hot soak plus the

diurnal emissions test for medium-duty

vehicles which have a GVWR of 6,001–

8,500 lbs. and fuel tanks equal or greater

than 30 gallons from 2.0 to 2.5 grams

per test.

EPA finalized its evaporative

standards and test procedures on March

24, 1993 (see 58 FR 16002). EPA’s new

standards and test procedures are being

phased-in with full compliance by 1999.

In addition, on July 6, 1995, EPA issued

a direct final rule designed to harmonize

federal test procedures with CARB test

procedures. EPA’s present waiver

consideration will only consider

CARB’s request for model years 1996–

1998. Therefore, in the context of the

waiver criteria set forth in section

209(b), CARB’s amended standards and

test procedures will be compared to
9186 Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Notices

EPA’s standards and test procedures for

model years 1996 through 1998.

California states in its October 16,

1996 letter, referencing both its August

21, 1995 letter and recent developments,

that it has determined that its amended

standards are, in the aggregate, at least

as protective of the public health and

welfare as the applicable federal

standards. Further, California,

referencing its August 21, 1995 waiver

request letter, states that it continues to

need separate standards to meet

compelling and extraordinary

conditions. Finally, California,

referencing its August 21, 1995 letter

and its Manufacturers Advisory

Correspondence (MAC) ι96–05, states

that its amendments are consistent with

section 202(a) of the Act. Section 202(a)

requires that the procedures provide

sufficient lead time to permit the

development and application of

requisite technology, giving appropriate

consideration to the cost of compliance

within such period. In addition, EPA

has held that section 202(a) prohibits

the procedures from imposing

inconsistent certification requirements

such that manufacturers would be

unable to demonstrate compliance with

both the California and Federal

requirements with the same test vehicle

and using a single test sequence.

California’s request will be considered

according to the procedures for a waiver

determination, thus an opportunity for a

public hearing is being provided. Any

party wishing to present testimony at

the hearing and/or to submit written

comments should address the following

issues:

(1) Whether California’s

determination that its standards are at

least as protective of public health and

welfare as applicable Federal standards

is arbitrary and capricious;

(2) Whether California needs separate

standards to meet compelling and

extraordinary conditions; and,

(3) Whether California’s standards

and accompanying enforcement

procedures are consistent with section

202(a) of the Act.

II. Procedures for Public Participation

Any party desiring to make an oral

statement on the record should submit

ten (10) copies, if feasible, of its

proposed testimony and other relevant

material to Mr. Dickinson of EPA’s

Vehicles Programs and Compliance

Division at the address listed above not

later than March 24, 1997. In addition,

the party should submit 25 copies, if

feasible, of the planned statement to the

presiding officer at the time of the

hearing.

In recognition that a public hearing is

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 which he or

she deems irrelevant or repetitious and

to impose reasonable 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

public hearing is held, EPA will keep

the record open until April 30, 1997.

Upon expiration of the comment period,

the Administrator will render a decision

on CARB’s request based on the record

of the public hearing, if any, relevant

written submissions and other

information which she deems pertinent.

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 waiver decision in part

on a submission labeled as CBI, then a

nonconfidential version of the

document which summarizes the 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 it is received by EPA,

it may be made available to the public

without further notice to the person

making comments.

Dated: February 24, 1997.

Mary D. Nichols,

Assistant Administrator for Air and

Radiation.

[FR Doc. 97–5034 Filed 2–27–97; 8:45 am]

BILLING CODE 6560–50–P

[ER-FRL–5477–8]

Environmental Impact Statements;

Notice of Availability

Responsible Agency: Office of Federal

Activities, General Information (202)

564–7167 OR (202) 564–7153.

Weekly receipt of Environmental

Impact Statements Filed February 17,

1997 Through February 21, 1997

Pursuant to 40 CFR 1506.9.

EIS No. 970060, Final EIS, AFS, ID,

Priest Lake Ranger District Noxious

Weed Control Project,

Implementation, Idaho Panhandle

National Forest, Bonner County, ID

and Pend Oreille County, WA, Due:

March 31, 1997, Contact: Tim Layser

(208) 443–2512.

EIS No. 970061, Draft EIS, AFS, SD,

Anchor Hill Mine Expansion Project

in Gilt Edge Mine, Plan-of-Operations,

Black Hills National Forest, SD, Due:

April 14, 1997, Contact: Don Murray

(605) 578–2744.

EIS No. 970062, Draft EIS, DOI, UT,

Uintah Unit Replacement Project,

Implementation, Central Utah Water

Conservancy District, Approval of

Permits, Duchesne and Uintah

Counties, UT, Due: April 29, 1997,

Contact: R. Terry Holzworth (801)

226–7100.

EIS No. 970063, Draft EIS, COE, CA,

Upper Guadalupe River Flood Control

Project, Construction, Santa Clara

Valley Water District, Santa Clara

County, CA, Due: April 14, 1997,

Contact: Robert F. Smith (415) 977–

8450.

EIS No. 970064, Final EIS, AFS, WA,

Taneum/Peaches Road Access Project,

Issuance of Two Temporary Permits

to Plum Creek for Road Construction,

Wenatchee National Forest, Cle Elum

Ranger District, Kittitas County, WA,

Due: March 31, 1997, Contact:

Douglas Campbell (509) 674–4411.

Amended Notices

EIS No. 960576, Final EIS, AFS, WA,

Huckleberry Land Exchange

Consolidate Ownership and Enhance

Future Conservation and

Management, Federal Land and Non

Federal Land, Mt. Baker-Snoqualmie

National Forest, Skagit, Snohomish,

King, Pierce, Kittitas and Lewis

Counties, WA, Contact: Doug Schrenk

(206) 888–1421. Review Period was

erroneously extended to –21–97 in

Published FR—02–07–97. Review

Period Official ended on 1–21–97.

EIS No. 960586, Draft EIS, AFS, MT,

Basin Creek Drainage, Salvage Timber

and Watershed Rehabilitation,

Kootenai National Forest, Three

Rivers Ranger District, Lincoln