[Federal Register: September 26, 2002 (Volume 67, Number 187)]
[Notices]               
[Page 60680-60681]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se02-65]                         

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7383-8]

 
California State Motor Vehicle Pollution Control Standards; LEVII 
Amendments, 1999 ZEV Amendments, and 2001 ZEV Amendments; Correction 
Notice Regarding Scope of EPA's Consideration

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 Low-Emission Vehicle (LEV) 
regulations including amendments to its exhaust emission standards, 
evaporative emission standards, its certification requirements, and to 
its Zero-Emission Vehicle (ZEV) program (collectively the ``LEVII 
amendments,'' with the subset pertaining to ZEVs referred to as the 
``1999 ZEV amendments''). On May 21, 2002 EPA announced an opportunity 
for public hearing and comment on the 1999 ZEV amendments and the 
remainder of the LEVII amendments (67 FR 35809). On June 5, 2002 EPA 
also announced an opportunity for public hearing and comment on CARB's 
2001 ZEV amendments (67 FR 38652). On June 24, 2002 (67 FR 42556) EPA 
rescheduled the hearing from June 20, 2002 to July 11, 2002 and the 
written comment period closure date from July 22, 2002 to August 12, 
2002. By today's notice EPA is announcing that it is no longer 
considering CARB's 1999 and 2001 ZEV amendments within the context of 
this waiver proceeding and EPA no longer seeks written comments on 
these ZEV amendments. In addition, EPA is offering an additional 
opportunity for written comment on limited portions of CARB's LEVII 
amendments, to the extent they apply to hybrid-electric vehicles 
(HEVs), for which CARB still seeks EPA's waiver consideration. EPA is 
not seeking further comment or extending the comment period on CARB's 
LEVII amendments except to the extent such amendments may be affected 
by the limited portions pertaining to HEVs.

DATES: Any party may submit written comments by October 28, 2002.

ADDRESSES: . All comments and materials relevant to today's action are 
contained in Public Docket No. A-2002-11 at the following address: EPA 
Docket Center (EPA/DC), Public Reading Room, Room B102, EPA West 
Building, 1301 Constitution Avenue, NW., Washington, DC. Dockets may be 
inspected from 8:30 a.m. to 4:30 p.m., Monday through Friday, except on 
government holidays. You can reach the Air Docket by telephone at (202) 
566-1742 and by facsimile at (202) 566-1741. You may be charged a 
reasonable fee for photocopying docket materials, as provided in 40 CFR 
part 2.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Certification and 
Compliance Division (6405J), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave, NW., Washington, DC 20460. Telephone: (202)564-9256, 
Fax: (202) 565-2057, e-mail address: Dickinson.David@EPA.GOV.

SUPPLEMENTARY INFORMATION: On July 1, 2002, CARB submitted a letter to 
EPA withdrawing its pending requests for confirmation that its 1999 and 
2001 regulatory amendments pertaining to ZEVs are within the scope of 
previous EPA waivers of federal preemption. EPA immediately placed 
CARB's July 1, 2002 letter in the Air Docket, and informed interested 
parties that EPA was no longer considering CARB's 1999 and 2001 ZEV 
amendments as part of EPA's LEVII waiver proceeding and that EPA's July 
11, 2002 LEVII waiver hearing would not pertain to the 1999 and 2001 
ZEV amendments. On August 1, 2002, and August 16, 2002, CARB submitted 
additional letters to EPA clarifying its July 1, 2002 letter and 
statements made by CARB at EPA's July 11, 2002 LEVII waiver hearing 
wherein CARB had indicated a desire to retain limited portions of the 
1999 ZEV amendments within the LEVII waiver consideration. As a result 
of CARB's communications EPA is no longer considering the ZEV elements 
contained in the 1999 and 2001 ZEV amendments. Specifically, per CARB's 
request EPA is not considering any of CARB's 2001 ZEV amendments which 
are those referenced in CARB's letter to EPA dated May 21, 2002 and 
include amendments to CARB's ZEV program requirements and ZEV credit 
provisions. In addition, EPA is not considering any of the 1999 ZEV 
amendments which are those referenced in CARB's letter dated August 16, 
2002 and include the ZEV program and credit provisions (adoption of 13 
CCR section 1962), the structural changes to 13 CCR section 
1960.1(g)(1), section 1960.1(g)(2), section 1960.1(h)(2), and certain 
changes pertaining to ZEVs in CARB's document incorporated in section 
1960.1(k) entitled ``California Exhaust Emission Standards and Test 
Procedures for 1988 and Subsequent Model Passenger Cars, Light-Duty 
Trucks and Medium-Duty Vehicles'' (``Original LDV/MDV Standards and

[[Page 60681]]

Test Procedures''). CARB's LEVII amendments moved all of the provisions 
on ZEVs that had been in the Original LDV/MDV Standards and Test 
Procedures into a new document entitled ``California Exhaust Emission 
Standards and Test Procedures for 2003 and Subsequent Model Zero-
Emission vehicles, and 2001 and Subsequent Model Hybrid Electric 
Vehicles, In the Passenger Car, Light-Duty Truck and Medium-Duty 
Vehicle Classes' (``the ZEV/HEV Standards and Test Procedures'') which 
was incorporated in 13 CCR section 1962(e). The portions of the ZEV/HEV 
Standards and Test Procedures that pertain to HEVs are incorporated by 
13 CCR sections 1960.1(k) and 1961(d) and are used for determining 
whether HEVs comply with the applicable low-emission vehicle standards. 
EPA, per CARB's request, is not considering the adoption of the ZEV 
provisions found at section C and sections E.1, 4, and 5 (these 
sections are only ZEV related) of the ZEV/HEV Standards and Test 
Procedures nor is EPA considering sections A, B, D, and E. 2 and 3 to 
the extent that they pertain to ZEVs (to the extent they pertain to 
HEVs, EPA is considering them under the current waiver consideration 
and invites comment by today's notice since some parties may have 
considered the HEV provisions included in CARB's withdrawal of the ZEV 
amendments). Sections E.6-E.9 of the ZEV/HEV Standards and Test 
Procedures apply to HEVs only and EPA also invites comment on such 
sections. Thus by today's notice EPA intends to clarify that CARB is 
not seeking waiver consideration at this time of any of the 1999 ZEV 
amendments nor is CARB seeking waiver consideration of any of the 2001 
ZEV amendments and EPA is limiting its waiver consideration 
accordingly.

    Dated: September 19, 2002.
Jeffrey R. Holmstead,
Assistant Administrator for Air and Radiation.
[FR Doc. 02-24496 Filed 9-25-02; 8:45 am]
BILLING CODE 6560-50-P