81_FR_52833 81 FR 52680 - California State Motor Vehicle Pollution Control Standards; Greenhouse Gas Emissions From 2014 and Subsequent Model Year Medium- and Heavy-Duty Engines and Vehicles; Request for Waiver of Preemption; Opportunity for Public Hearing and Public Comment

81 FR 52680 - California State Motor Vehicle Pollution Control Standards; Greenhouse Gas Emissions From 2014 and Subsequent Model Year Medium- and Heavy-Duty Engines and Vehicles; Request for Waiver of Preemption; Opportunity for Public Hearing and Public Comment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 153 (August 9, 2016)

Page Range52680-52682
FR Document2016-18868

The California Air Resources Board (CARB) has notified EPA that it has adopted a greenhouse gas emission regulation for new 2014 and subsequent model year on-road medium-and heavy-duty engines and vehicles (California Phase 1 GHG Regulation). This regulation aligns California's GHG emission standards and test procedures with the federal GHG emission standards and test procedures that EPA adopted in 2011. By letter dated January 29, 2016, CARB submitted a request that EPA grant a waiver of preemption under section 209(b) of the Clean Air Act (CAA), 42 U.S.C. 7543(b) for the California Phase 1 GHG Regulation. This notice announces that EPA has scheduled a public hearing concerning California's request and that EPA is accepting written comment on the request.

Federal Register, Volume 81 Issue 153 (Tuesday, August 9, 2016)
[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Notices]
[Pages 52680-52682]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18868]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-9950-44-OAR]


California State Motor Vehicle Pollution Control Standards; 
Greenhouse Gas Emissions From 2014 and Subsequent Model Year Medium- 
and Heavy-Duty Engines and Vehicles; Request for Waiver of Preemption; 
Opportunity for Public Hearing and Public 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 a greenhouse gas emission regulation for new 2014 
and subsequent model year on-road medium-and heavy-duty engines and 
vehicles (California Phase 1 GHG Regulation). This regulation aligns 
California's GHG emission standards and test procedures with the 
federal GHG emission standards and test procedures that EPA adopted in 
2011. By letter dated January 29, 2016, CARB submitted a request that

[[Page 52681]]

EPA grant a waiver of preemption under section 209(b) of the Clean Air 
Act (CAA), 42 U.S.C. 7543(b) for the California Phase 1 GHG Regulation. 
This notice announces that EPA has 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 September 28, 2016, at 10 a.m. EPA will hold a hearing only 
if any party notifies EPA by September 21, 2016 to express interest in 
presenting the Agency with oral testimony. Parties wishing to present 
oral testimony at the public hearing should provide written notice to 
David Dickinson at the email address noted below. If EPA receives a 
request for a public hearing, that hearing will be held at the William 
Jefferson Clinton Building (North), Room 5528 at 1200 Pennsylvania Ave, 
NW., Washington, DC 20460. If EPA does not receive a request for a 
public hearing, then EPA will not hold a hearing, and instead will 
consider CARB's request based on written submissions to the docket. Any 
party may submit written comments until November 1, 2016.
    Any person who wishes to know whether a hearing will be held may 
call David Dickinson at (202) 343-9256 on or after September 21, 2016.

ADDRESSES: EPA will make available for in person inspection, at the Air 
and Radiation Docket and Information Center, written comments received 
from interested parties, in addition to any testimony given at the 
public hearing. The official public docket is the collection of 
materials that is available for public viewing at the Air and Radiation 
Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 
Constitution Ave. NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8:30 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 number for this 
docket is EPA-HQ-OAR-2016-0179.
    EPA will make available an electronic copy of this Notice on the 
Office of Transportation and Air Quality's (OTAQ's) homepage (http://www.epa.gov/otaq/). Users can find this document by accessing the OTAQ 
homepage and looking at the path entitled ``Regulations.'' This service 
is free of charge, except any cost you already incur for Internet 
connectivity. Users can also get the official Federal Register version 
of the Notice on the day of publication on the primary Web site: 
(http://www.epa.gov/docs/fedrgstr/EP-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.

FOR FURTHER INFORMATION CONTACT: David Dickinson (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.

For Obtaining and Submitting Electronic Copies of Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2016-
0179, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: dickinson.david@epa.gov.
     Fax: (202) 343-2804.
     Mail: U.S. Environmental Protection Agency, EPA West (Air 
Docket), 1200 Pennsylvania Ave. NW., Room B108, Mail Code 6102T, 
Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2013-0491. 
Please include a total of two copies.
     Hand Delivery: EPA Docket Center, EPA/DC, EPA West, Room 
B102, 1301 Constitution Ave. NW., Washington, DC. 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-2016-
0179.
    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 
email.
    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 email comment directly to EPA without going through http://www.regulations.gov your email 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. Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy.

SUPPLEMENTARY INFORMATION:

(A) CARB's Waiver Request for the California Phase 1 GHG Regulation

    CARB's January 29, 2016, letter to the Administrator presents EPA 
with CARB's requirements related to the control of greenhouse gas 
emissions from 2014 and subsequent MY California on-road medium- and 
heavy-duty engines and vehicles. The regulation establishes 
requirements applicable to new motor vehicles with a gross vehicle 
weight rating (GVWR) exceeding 8,500 pounds and engines that power such 
motor vehicles, except for medium-duty passenger vehicles (MDPVs) that 
are subject to California's Low Emission Vehicle Program.\1\ 
California's Phase 1 regulation is supplemental to CARB's existing 
Tractor-Trailer GHG regulation that was initially adopted by the CARB 
Board in 2008 and subsequently amended in 2010 and 2012.\2\ CARB's 
Tractor-Trailer

[[Page 52682]]

GHG regulation includes the regulation of certain trailers associated 
with heavy-duty vehicles and engines. CARB amended the Tractor-Trailer 
GHG regulation in conjunction with its adoption of the Phase 1 GHG 
regulation (which only addresses vehicles and engines) to ensure that 
California's GHG requirements for new medium and heavy-duty engines and 
vehicles are consistent with the corresponding requirements of EPA's 
Phase 1 GHG regulation (that addresses engines and vehicles).
---------------------------------------------------------------------------

    \1\ The California Phase 1 GHG regulation is comprised of new 
title 17, California Code of Regulations (CCR) sections 95660 
through 95664, and amendments to title 13, CCR, sections 1900, 
1958.6, 2036, 2037, 2112, 2140, and 2147. These regulations apply to 
all motor vehicles with a GVWR greater than 8,500 pounds. An 
exception to these regulations are MDPVs which are primarily 
designed for the transport of passengers. (MDPVs are not subject to 
this waiver). A definition of MDPVs can be found at title 13, CCR, 
section 1900(b)(15). California uses the same definition of light-
duty vehicles (which includes a subcategory for MDPVs) as EPA.
    \2\ EPA granted California a waiver for the Tractor-Trailer GHG 
regulation in 2014. 79 FR 46256 (August 7, 2014). A petition was 
subsequently filed in the United States Court of Appeals for the 
District of Columbia Circuit that requested the court to review 
EPA's issuance of the waiver. The court dismissed the petition on 
November 25, 2015.
---------------------------------------------------------------------------

(B) Scope of Preemption and Criteria for a Waiver Under the Clean Air 
Act

    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) 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). EPA must 
grant a waiver unless the Administrator finds that (A) the 
determination of the state is arbitrary and capricious, (B) the state 
does not need the state standards 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. Previous 
decisions granting waivers of federal preemption for motor vehicles 
have maintained that state standards are inconsistent with section 
202(a) if there is inadequate lead time to permit the development of 
the necessary technology giving appropriate consideration to the cost 
of compliance within that time period or if the federal and state test 
procedures impose inconsistent certification procedures.\3\
---------------------------------------------------------------------------

    \3\ To be consistent, the California certification procedures 
need not be identical to the federal certification procedures. 
California procedures would be inconsistent, however, if 
manufacturers would be unable to meet the state and the federal 
requirements with the same test vehicle in the course of the same 
test. See, e.g., 43 FR 32182 (July 25, 1978).
---------------------------------------------------------------------------

(C) Request for Comment

    EPA invites comment on CARB's request for a waiver for the 
California Phase 1 GHG regulation under the following three criteria: 
whether (a) California's determination that its motor vehicle emission 
standards are, in the aggregate, at least as protective of public 
health and welfare as applicable federal standards is arbitrary and 
capricious, (b) California needs such standards to meet compelling and 
extraordinary conditions, and (c) California's standards and 
accompanying enforcement procedures are consistent with section 202(a) 
of the Clean Air Act.

Procedures for Public Participation

    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. EPA will keep the 
record open until November 1, 2016. Upon expiration of the comment 
period, the Administrator will render a decision on CARB's request 
based on the record of the public hearing, relevant written 
submissions, and other information that 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 decision in 
part on a submission labeled CBI, then a non-confidential version of 
the document that 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 EPA receives it, EPA 
will make it available to the public without further notice to the 
person making comments.

    Dated: August 3, 2016.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and 
Radiation.
[FR Doc. 2016-18868 Filed 8-8-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                    52680                          Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices

                                                    engine provisions do not apply to                       regulations are within the scope of the               submissions, and other information that
                                                    armored cars and workover rigs.1                        previously granted waiver. Such within-               she deems pertinent.
                                                                                                            the-scope amendments are permissible                    Persons with comments containing
                                                    (B) Scope of Preemption and Criteria
                                                                                                            without a full waiver review if three                 proprietary information must
                                                    for a Waiver Under the Clean Air Act
                                                                                                            conditions are met. First, the amended                distinguish such information from other
                                                      Section 209(a) of the Clean Air Act, as               regulations must not undermine                        comments to the greatest possible extent
                                                    amended (‘‘Act’’), 42 U.S.C. 7543(a),                   California’s determination that its                   and label it as ‘‘Confidential Business
                                                    provides:                                               standards, in the aggregate, are as                   Information’’ (CBI). If a person making
                                                       No state or any political subdivision                protective of public health and welfare               comments wants EPA to base its
                                                    thereof shall adopt or attempt to enforce any           as applicable federal standards. Second,              decision in part on a submission labeled
                                                    standard relating to the control of emissions           the amended regulations must not affect               CBI, then a non-confidential version of
                                                    from new motor vehicles or new motor                    consistency with section 202(a) of the                the document that summarizes the key
                                                    vehicle engines subject to this part. No state          Act. Third, the amended regulations                   data or information should be submitted
                                                    shall require certification, inspection or any
                                                    other approval relating to the control of
                                                                                                            must not raise any ‘‘new issues’’                     for the public docket. To ensure that
                                                    emissions from any new motor vehicle or                 affecting EPA’s prior waivers.                        proprietary information is not
                                                    new motor vehicle engine as condition                                                                         inadvertently placed in the docket,
                                                                                                            (C) Request for Comment
                                                    precedent to the initial retail sale, titling (if                                                             submissions containing such
                                                    any), or registration of such motor vehicle,               First, EPA requests comment on                     information should be sent directly to
                                                    motor vehicle engine, or equipment.                     whether the 2007 Amendments and the                   the contact person listed above and not
                                                       Section 209(b) of the Act requires the               Truck Idling Amendments, each                         to the public docket. Information
                                                    Administrator, after notice and                         individually assessed, should be                      covered by a claim of confidentiality
                                                    opportunity for public hearing, to waive                considered under the within-the-scope                 will be disclosed by EPA only to the
                                                    application of the prohibitions of                      analysis or whether they should be                    extent allowed and by the procedures
                                                    section 209(a) for any state that has                   considered under the full waiver                      set forth in 40 CFR part 2. If no claim
                                                    adopted standards (other than crankcase                 criteria. Specifically, we request                    of confidentiality accompanies the
                                                    emission standards) for the control of                  comment on whether the 2007                           submission when EPA receives it, EPA
                                                    emissions from new motor vehicles or                    Amendments and the Truck Idling                       will make it available to the public
                                                    new motor vehicle engines prior to                      Amendments (1) undermine California’s                 without further notice to the person
                                                    March 30, 1966, if the state determines                 previous determination that its                       making comments.
                                                    that the state standards will be, in the                standards, in the aggregate, are at least               Dated: August 4, 2016.
                                                    aggregate, at least as protective of public             as protective of public health and                    Christopher Grundler, Director,
                                                    health and welfare as applicable federal                welfare as comparable Federal
                                                                                                                                                                  Office of Transportation and Air Quality,
                                                    standards. California is the only state                 standards, (2) affect the consistency of              Office of Air and Radiation.
                                                    that is qualified to seek and receive a                 California’s requirements with section
                                                                                                                                                                  [FR Doc. 2016–18897 Filed 8–8–16; 8:45 am]
                                                    waiver under section 209(b). EPA must                   202(a) of the Act, and (3) raise any other
                                                                                                                                                                  BILLING CODE 6560–50–P
                                                    grant a waiver unless the Administrator                 ‘‘new issue’’ affecting EPA’s previous
                                                    finds that (A) the determination of the                 waiver or authorization determinations.
                                                    state is arbitrary and capricious, (B) the                 For the In-Use Amendments and to                   ENVIRONMENTAL PROTECTION
                                                    state does not need the state standards                 the extent commenters believe the 2007                AGENCY
                                                    to meet compelling and extraordinary                    Amendments or the Truck Idling
                                                    conditions, or (C) the state standards                  Amendments should be considered                       [AMS–FRL–9950–44–OAR]
                                                    and accompanying enforcement                            under the full waiver criteria, EPA
                                                                                                                                                                  California State Motor Vehicle
                                                    procedures are not consistent with                      invites comment under the following
                                                                                                                                                                  Pollution Control Standards;
                                                    section 202(a) of the Act. Previous                     three criteria: Whether (a) California’s
                                                                                                                                                                  Greenhouse Gas Emissions From 2014
                                                    decisions granting waivers of federal                   determination that its motor vehicle
                                                                                                                                                                  and Subsequent Model Year Medium-
                                                    preemption for motor vehicles have                      emission standards are, in the aggregate,
                                                                                                                                                                  and Heavy-Duty Engines and Vehicles;
                                                    maintained that state standards are                     at least as protective of public health
                                                                                                                                                                  Request for Waiver of Preemption;
                                                    inconsistent with section 202(a) if there               and welfare as applicable federal
                                                                                                                                                                  Opportunity for Public Hearing and
                                                    is inadequate lead time to permit the                   standards is arbitrary and capricious, (b)
                                                                                                                                                                  Public Comment
                                                    development of the necessary                            California needs such standards to meet
                                                    technology giving appropriate                           compelling and extraordinary                          AGENCY:  Environmental Protection
                                                    consideration to the cost of compliance                 conditions, and (c) California’s                      Agency (EPA).
                                                    within that time period or if the federal               standards and accompanying                            ACTION: Notice of opportunity for public
                                                    and state test procedures impose                        enforcement procedures are consistent                 hearing and comment.
                                                    inconsistent certification procedures.2                 with section 202(a) of the Clean Air Act.
                                                       If California amends regulations that                                                                      SUMMARY:   The California Air Resources
                                                                                                            Procedures for Public Participation
                                                    were previously granted a waiver, EPA                                                                         Board (CARB) has notified EPA that it
                                                    can confirm that the amended                               The Agency will make a verbatim                    has adopted a greenhouse gas emission
                                                                                                            record of the proceedings. Interested                 regulation for new 2014 and subsequent
                                                      1 A further description of the CARB amendments
                                                                                                            parties may arrange with the reporter at              model year on-road medium-and heavy-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    can be found in CARB’s Waiver Support document          the hearing to obtain a copy of the                   duty engines and vehicles (California
                                                    in docket EPA–HQ–OAR–2016–0017.
                                                      2 To be consistent, the California certification      transcript at their own expense. EPA                  Phase 1 GHG Regulation). This
                                                    procedures need not be identical to the federal         will keep the record open until                       regulation aligns California’s GHG
                                                    certification procedures. California procedures         November 1, 2016. Upon expiration of                  emission standards and test procedures
                                                    would be inconsistent, however, if manufacturers        the comment period, the Administrator                 with the federal GHG emission
                                                    would be unable to meet the state and the federal
                                                    requirements with the same test vehicle in the
                                                                                                            will render a decision on CARB’s                      standards and test procedures that EPA
                                                    course of the same test. See, e.g., 43 FR 32182 (July   request based on the record of the                    adopted in 2011. By letter dated January
                                                    25, 1978).                                              public hearing, relevant written                      29, 2016, CARB submitted a request that


                                               VerDate Sep<11>2014   20:00 Aug 08, 2016   Jkt 238001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1


                                                                                  Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices                                                    52681

                                                    EPA grant a waiver of preemption under                  Register version of the Notice on the                 your email address will be
                                                    section 209(b) of the Clean Air Act                     day of publication on the primary Web                 automatically captured and included as
                                                    (CAA), 42 U.S.C. 7543(b) for the                        site: (http://www.epa.gov/docs/fedrgstr/              part of the comment that is placed in the
                                                    California Phase 1 GHG Regulation. This                 EP-AIR/).                                             public docket and made available on the
                                                    notice announces that EPA has                              Please note that due to differences                Internet. If you submit an electronic
                                                    scheduled a public hearing concerning                   between the software used to develop                  comment, EPA recommends that you
                                                    California’s request and that EPA is                    the documents and the software into                   include your name and other contact
                                                    accepting written comment on the                        which the documents may be                            information in the body of your
                                                    request.                                                downloaded, changes in format, page                   comment and with any disk or CD–ROM
                                                    DATES: EPA has tentatively scheduled a                  length, etc., may occur.                              you submit. If EPA cannot read your
                                                    public hearing concerning CARB’s                        FOR FURTHER INFORMATION CONTACT:                      comment due to technical difficulties
                                                    request on September 28, 2016, at 10                    David Dickinson (6405J), U.S.                         and cannot contact you for clarification,
                                                    a.m. EPA will hold a hearing only if any                Environmental Protection Agency, 1200                 EPA may not be able to consider your
                                                    party notifies EPA by September 21,                     Pennsylvania Ave. NW., Washington,                    comment. Electronic files should avoid
                                                    2016 to express interest in presenting                  DC 20460. Telephone: (202) 343–9256,                  the use of special characters, any form
                                                    the Agency with oral testimony. Parties                 Fax: (202) 343–2804, email address:                   of encryption, and be free of any defects
                                                    wishing to present oral testimony at the                Dickinson.David@EPA.GOV.                              or viruses. Docket: All documents in the
                                                    public hearing should provide written                                                                         docket are listed in the http://
                                                                                                            For Obtaining and Submitting
                                                    notice to David Dickinson at the email                                                                        www.regulations.gov index. Although
                                                                                                            Electronic Copies of Comments
                                                    address noted below. If EPA receives a                                                                        listed in the index, some information is
                                                    request for a public hearing, that hearing                 Submit your comments, identified by                not publicly available, e.g., CBI or other
                                                    will be held at the William Jefferson                   Docket ID No. EPA–HQ–OAR–2016–                        information whose disclosure is
                                                    Clinton Building (North), Room 5528 at                  0179, by one of the following methods:                restricted by statute. Certain other
                                                                                                               • http://www.regulations.gov: Follow               material, such as copyrighted material,
                                                    1200 Pennsylvania Ave, NW.,
                                                                                                            the on-line instructions for submitting               will be publicly available only in hard
                                                    Washington, DC 20460. If EPA does not
                                                                                                            comments.                                             copy.
                                                    receive a request for a public hearing,                    • Email: dickinson.david@epa.gov.
                                                    then EPA will not hold a hearing, and                                                                         SUPPLEMENTARY INFORMATION:
                                                                                                               • Fax: (202) 343–2804.
                                                    instead will consider CARB’s request                       • Mail: U.S. Environmental                         (A) CARB’s Waiver Request for the
                                                    based on written submissions to the                     Protection Agency, EPA West (Air                      California Phase 1 GHG Regulation
                                                    docket. Any party may submit written                    Docket), 1200 Pennsylvania Ave. NW.,
                                                    comments until November 1, 2016.                                                                                 CARB’s January 29, 2016, letter to the
                                                                                                            Room B108, Mail Code 6102T,
                                                       Any person who wishes to know                                                                              Administrator presents EPA with
                                                                                                            Washington, DC 20460, Attention
                                                    whether a hearing will be held may call                                                                       CARB’s requirements related to the
                                                                                                            Docket ID No. EPA–HQ–OAR–2013–
                                                    David Dickinson at (202) 343–9256 on                                                                          control of greenhouse gas emissions
                                                                                                            0491. Please include a total of two
                                                    or after September 21, 2016.                                                                                  from 2014 and subsequent MY
                                                                                                            copies.
                                                    ADDRESSES: EPA will make available for                     • Hand Delivery: EPA Docket Center,                California on-road medium- and heavy-
                                                    in person inspection, at the Air and                    EPA/DC, EPA West, Room B102, 1301                     duty engines and vehicles. The
                                                    Radiation Docket and Information                        Constitution Ave. NW., Washington,                    regulation establishes requirements
                                                    Center, written comments received from                  DC. Such deliveries are only accepted                 applicable to new motor vehicles with
                                                    interested parties, in addition to any                  during the Docket’s normal hours of                   a gross vehicle weight rating (GVWR)
                                                    testimony given at the public hearing.                  operation, and special arrangements                   exceeding 8,500 pounds and engines
                                                    The official public docket is the                       should be made for deliveries of boxed                that power such motor vehicles, except
                                                    collection of materials that is available               information.                                          for medium-duty passenger vehicles
                                                    for public viewing at the Air and                          Instructions: Direct your comments to              (MDPVs) that are subject to California’s
                                                    Radiation Docket in the EPA Docket                      Docket ID No EPA–HQ–OAR–2016–                         Low Emission Vehicle Program.1
                                                    Center, (EPA/DC) EPA West, Room                         0179.                                                 California’s Phase 1 regulation is
                                                    B102, 1301 Constitution Ave. NW.,                          EPA’s policy is that all comments                  supplemental to CARB’s existing
                                                    Washington, DC. The EPA Docket                          received will be included in the public               Tractor-Trailer GHG regulation that was
                                                    Center Public Reading Room is open                      docket without change and may be                      initially adopted by the CARB Board in
                                                    from 8:30 to 4:30 p.m., Monday through                  made available online at http://                      2008 and subsequently amended in
                                                    Friday, excluding legal holidays. The                   www.regulations.gov, including any                    2010 and 2012.2 CARB’s Tractor-Trailer
                                                    telephone number for the Public                         personal information provided, unless                    1 The California Phase 1 GHG regulation is
                                                    Reading Room is (202) 566–1744, and                     the comment includes information                      comprised of new title 17, California Code of
                                                    the telephone number for the Air and                    claimed to be Confidential Business                   Regulations (CCR) sections 95660 through 95664,
                                                    Radiation Docket is (202) 566–1743. The                 Information (CBI) or other information                and amendments to title 13, CCR, sections 1900,
                                                    reference number for this docket is                     whose disclosure is restricted by statute.            1958.6, 2036, 2037, 2112, 2140, and 2147. These
                                                                                                                                                                  regulations apply to all motor vehicles with a
                                                    EPA–HQ–OAR–2016–0179.                                   Do not submit information that you                    GVWR greater than 8,500 pounds. An exception to
                                                       EPA will make available an electronic                consider to be CBI or otherwise                       these regulations are MDPVs which are primarily
                                                    copy of this Notice on the Office of                    protected through http://                             designed for the transport of passengers. (MDPVs
                                                    Transportation and Air Quality’s                        www.regulations.gov or email.                         are not subject to this waiver). A definition of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (OTAQ’s) homepage (http://                                 The http://www.regulations.gov Web                 MDPVs can be found at title 13, CCR, section
                                                                                                                                                                  1900(b)(15). California uses the same definition of
                                                    www.epa.gov/otaq/). Users can find this                 site is an ‘‘anonymous access’’ system,               light-duty vehicles (which includes a subcategory
                                                    document by accessing the OTAQ                          which means EPA will not know your                    for MDPVs) as EPA.
                                                    homepage and looking at the path                        identity or contact information unless                   2 EPA granted California a waiver for the Tractor-

                                                    entitled ‘‘Regulations.’’ This service is               you provide it in the body of your                    Trailer GHG regulation in 2014. 79 FR 46256
                                                                                                                                                                  (August 7, 2014). A petition was subsequently filed
                                                    free of charge, except any cost you                     comment. If you send an email                         in the United States Court of Appeals for the
                                                    already incur for Internet connectivity.                comment directly to EPA without going                 District of Columbia Circuit that requested the court
                                                    Users can also get the official Federal                 through http://www.regulations.gov                                                                Continued




                                               VerDate Sep<11>2014   20:00 Aug 08, 2016   Jkt 238001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1


                                                    52682                         Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices

                                                    GHG regulation includes the regulation                  and state test procedures impose                          Dated: August 3, 2016.
                                                    of certain trailers associated with heavy-              inconsistent certification procedures.3                 Christopher Grundler,
                                                    duty vehicles and engines. CARB                                                                                 Director, Office of Transportation and Air
                                                                                                            (C) Request for Comment
                                                    amended the Tractor-Trailer GHG                                                                                 Quality, Office of Air and Radiation.
                                                    regulation in conjunction with its                        EPA invites comment on CARB’s                         [FR Doc. 2016–18868 Filed 8–8–16; 8:45 am]
                                                    adoption of the Phase 1 GHG regulation                  request for a waiver for the California                 BILLING CODE 6560–50–P
                                                    (which only addresses vehicles and                      Phase 1 GHG regulation under the
                                                    engines) to ensure that California’s GHG                following three criteria: whether (a)
                                                    requirements for new medium and                         California’s determination that its motor               ENVIRONMENTAL PROTECTION
                                                    heavy-duty engines and vehicles are                     vehicle emission standards are, in the                  AGENCY
                                                    consistent with the corresponding                       aggregate, at least as protective of public
                                                                                                            health and welfare as applicable federal                [FRL–9950–42–OA]
                                                    requirements of EPA’s Phase 1 GHG
                                                    regulation (that addresses engines and                  standards is arbitrary and capricious, (b)              Request for Nominations for a Science
                                                    vehicles).                                              California needs such standards to meet                 Advisory Board Panel To Review Risk
                                                                                                            compelling and extraordinary                            and Technology Review Screening
                                                    (B) Scope of Preemption and Criteria                    conditions, and (c) California’s
                                                    for a Waiver Under the Clean Air Act                                                                            Methods
                                                                                                            standards and accompanying
                                                      Section 209(a) of the Clean Air Act, as               enforcement procedures are consistent                   AGENCY: Environmental Protection
                                                    amended (‘‘Act’’), 42 U.S.C. 7543(a),                   with section 202(a) of the Clean Air Act.               Agency (EPA).
                                                    provides:                                                                                                       ACTION: Notice.
                                                                                                            Procedures for Public Participation
                                                       No state or any political subdivision
                                                    thereof shall adopt or attempt to enforce any
                                                                                                               The Agency will make a verbatim                      SUMMARY:    The EPA Science Advisory
                                                    standard relating to the control of emissions           record of the proceedings. Interested                   Board (SAB) Staff Office requests public
                                                    from new motor vehicles or new motor                    parties may arrange with the reporter at                nominations of scientific experts to form
                                                    vehicle engines subject to this part. No state          the hearing to obtain a copy of the                     a Panel to review the draft EPA report
                                                    shall require certification, inspection or any          transcript at their own expense. EPA                    entitled ‘‘Screening Methodologies to
                                                    other approval relating to the control of               will keep the record open until                         Support Risk and Technology Reviews
                                                    emissions from any new motor vehicle or                 November 1, 2016. Upon expiration of                    (RTR).’’ This draft report describes
                                                    new motor vehicle engine as condition                   the comment period, the Administrator                   newly developed screening methods
                                                    precedent to the initial retail sale, titling (if       will render a decision on CARB’s                        designed to assess the risk to public
                                                    any), or registration of such motor vehicle,
                                                    motor vehicle engine, or equipment.
                                                                                                            request based on the record of the                      health and the environment that would
                                                                                                            public hearing, relevant written                        remain after stationary sources of
                                                       Section 209(b) of the Act requires the               submissions, and other information that                 hazardous air pollutants come into
                                                    Administrator, after notice and                         she deems pertinent.                                    compliance with the EPA’s Maximum
                                                    opportunity for public hearing, to waive                   Persons with comments containing                     Available Control Technologies (MACT)
                                                    application of the prohibitions of                      proprietary information must                            standards.
                                                    section 209(a) for any state that has                   distinguish such information from other                 DATES: Nominations should be
                                                    adopted standards (other than crankcase                 comments to the greatest possible extent                submitted by August 30, 2016 per the
                                                    emission standards) for the control of                  and label it as ‘‘Confidential Business                 instructions below.
                                                    emissions from new motor vehicles or                    Information’’ (CBI). If a person making                 FOR FURTHER INFORMATION CONTACT: Any
                                                    new motor vehicle engines prior to                      comments wants EPA to base its
                                                    March 30, 1966, if the state determines                                                                         member of the public wishing further
                                                                                                            decision in part on a submission labeled                information regarding this Notice and
                                                    that the state standards will be, in the                CBI, then a non-confidential version of
                                                    aggregate, at least as protective of public                                                                     Request for Nominations may contact
                                                                                                            the document that summarizes the key                    the Designated Federal Officer.
                                                    health and welfare as applicable federal                data or information should be submitted
                                                    standards. California is the only state                                                                         Nominators unable to submit
                                                                                                            for the public docket. To ensure that                   nominations electronically as described
                                                    that is qualified to seek and receive a                 proprietary information is not
                                                    waiver under section 209(b). EPA must                                                                           below may contact the Designated
                                                                                                            inadvertently placed in the docket,                     Federal Officer for assistance. General
                                                    grant a waiver unless the Administrator                 submissions containing such
                                                    finds that (A) the determination of the                                                                         information concerning the EPA SAB
                                                                                                            information should be sent directly to                  can be found at the EPA SAB Web site
                                                    state is arbitrary and capricious, (B) the              the contact person listed above and not
                                                    state does not need the state standards                                                                         at http://www.epa.gov/sab.
                                                                                                            to the public docket. Information
                                                    to meet compelling and extraordinary                                                                            SUPPLEMENTARY INFORMATION:
                                                                                                            covered by a claim of confidentiality
                                                    conditions, or (C) the state standards                  will be disclosed by EPA only to the                       Background: The SAB (42 U.S.C.
                                                    and accompanying enforcement                            extent allowed and by the procedures                    4365) is a chartered Federal Advisory
                                                    procedures are not consistent with                      set forth in 40 CFR part 2. If no claim                 Committee that provides independent
                                                    section 202(a) of the Act. Previous                     of confidentiality accompanies the                      scientific and technical peer review,
                                                    decisions granting waivers of federal                   submission when EPA receives it, EPA                    advice, and recommendations to the
                                                    preemption for motor vehicles have                      will make it available to the public                    EPA Administrator on the technical
                                                    maintained that state standards are                     without further notice to the person                    basis for EPA actions. As a Federal
                                                                                                                                                                    Advisory Committee, the SAB conducts
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    inconsistent with section 202(a) if there               making comments.
                                                    is inadequate lead time to permit the                                                                           business in accordance with the Federal
                                                    development of the necessary                              3 To be consistent, the California certification      Advisory Committee Act (FACA) (5
                                                    technology giving appropriate                           procedures need not be identical to the federal         U.S.C. App. 2) and related regulations.
                                                    consideration to the cost of compliance                 certification procedures. California procedures         The SAB RTR Methods Review Panel
                                                                                                            would be inconsistent, however, if manufacturers        will provide advice through the
                                                    within that time period or if the federal               would be unable to meet the state and the federal
                                                                                                            requirements with the same test vehicle in the
                                                                                                                                                                    chartered SAB on scientific and
                                                    to review EPA’s issuance of the waiver. The court       course of the same test. See, e.g., 43 FR 32182 (July   technical issues related to assessing
                                                    dismissed the petition on November 25, 2015.            25, 1978).                                              risks to public health and the


                                               VerDate Sep<11>2014   20:00 Aug 08, 2016   Jkt 238001   PO 00000   Frm 00073   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM    09AUN1



Document Created: 2016-08-09 01:10:15
Document Modified: 2016-08-09 01:10:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of opportunity for public hearing and comment.
DatesEPA has tentatively scheduled a public hearing concerning CARB's request on September 28, 2016, at 10 a.m. EPA will hold a hearing only if any party notifies EPA by September 21, 2016 to express interest in presenting the Agency with oral testimony. Parties wishing to present oral testimony at the public hearing should provide written notice to
ContactDavid Dickinson (6405J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Telephone: (202) 343-9256, Fax: (202) 343-2804,
FR Citation81 FR 52680 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR