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EPA waiver for California's Advanced Clean Car program regulations

EPA waiver for California's Advanced Clean Car program regulations

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EPA waiver for California's Advanced Clean Car program regulations
EPA waiver for California's Advanced Clean Car program regulations

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Published by: scprweb on Dec 27, 2012
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12/27/2012

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OAR Assistant Administrator Gina McCarthy signed the following document onDecember 27, 2012, and EPA is submitting it for publication in the
Federal Register 
(FR). While we have taken steps to ensure the accuracy of this Internet version of thedocument, it is not the official version. Please refer to the official version in aforthcoming FR publication, which will appear on the Government Printing Office'sFDSys website(www.gpo.gov/fdsys/search/home.action)and on Regulations.gov(www.regulations.gov)in Docket No. EPA-HQ-OAR-2012-0562. Once the officialversion of this document is published in the FR, this version will be removed from theInternet and replaced with a link to the official version.
ENVIRONMENTAL PROTECTION AGENCY
 
California State Motor Vehicle Pollution Control Standards; Notice of Decision Granting aWaiver of Clean Air Act Preemption for California’s Advanced Clean Car Program and aWithin the Scope Confirmation for California’s Zero Emission Vehicle Amendments for2017 and Earlier Model YearsSUMMARY:
The Environmental Protection Agency (EPA) is granting the California AirResources Board’s (CARB’s) request for a waiver of Clean Air Act preemption to enforce itsAdvanced Clean Car (ACC) regulations. The ACC combines the control of smog and sootcausing pollutants and greenhouse gas (GHG) emissions into a single coordinated package of requirements for passenger cars, light-duty trucks and medium-duty passenger vehicles (andlimited requirements related to heavy-duty vehicles). The ACC program includes revisions toCalifornia’s Low Emission Vehicle (LEV) program as well as its Zero Emission Vehicle (ZEV)program. By today’s decision, EPA has also determined that CARB’s amendments to the ZEVprogram as they affect 2017 and prior model years (MYs) are within the scope of previouswaivers of preemption granted to California for its ZEV regulations. In the alternative, EPA’swaiver of preemption for CARB’s ACC regulations includes a waiver of preemption for CARB’sZEV amendments as they affect all MYs, including 2017 and prior MYs. In addition, EPA isincluding CARB’s recently adopted “deemed to comply” rule for GHG emissions in today’swaiver decision. This decision is issued under section 209(b) of the Clean Air Act (the “Act”),as amended.
 
This document is a prepublication version, signed by OAR Assistant Administrator GinaMcCarthy on December 27, 2012. We have taken steps to ensure the accuracy of this version,but it is not the official version.
 
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DATES:
Petitions for review must be filed [INSERT DATE SIXTY DAYS AFTER FRPUBLICATION DATE OF THIS NOTICE].
ADDRESSES:
EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2012-0562. All documents and public comments in the docket are listed on thewww.regulations.gov website. Publicly available docket materials are available eitherelectronically through www.regulations.gov or in hard copy at the Air and Radiation Docket in the EPA Headquarters Library, EPA West Building, Room 3334, 1301Constitution Ave., N.W.,Washington, D.C. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Mondaythrough Friday, excluding holidays. The telephone number for the Reading Room is (202) 566-1744. The Air and Radiation Docket and Information Center’s Website ishttp://www.epa.gov/oar/docket.html.The electronic mail (e-mail) address for the Air andRadiation Docket is: a-and-r-Docket@epa.gov,the telephone number is (202) 566-1742 and the fax number is (202) 566-9744.
FOR FURTHER INFORMATION CONTACT:
Specific questions may be addressed toDavid Dickinson, Office of Transportation and Air Quality, Compliance Division (6405J -NLD), EPA, 1200 Pennsylvania Ave., NW, Washington, DC 20460, telephone: (202) 343-9256,e-mail: Dickinson.David@epa.gov. 
SUPPLEMENTARY INFORMATION:Table of Contents
I.
 
Executive SummaryII.
 
Background
 
This document is a prepublication version, signed by OAR Assistant Administrator GinaMcCarthy on December 27, 2012. We have taken steps to ensure the accuracy of this version,but it is not the official version.
 
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 A.
 
California’s Advanced Clean Cars Program for New Motor VehiclesB.
 
EPA’s Consideration of CARB’s RequestIII.
 
Analysis of Preemption Under Section 209 of the Clean Air ActA.
 
Clean Air Act Preemption ProvisionsB.
 
Deference to CaliforniaC.
 
Burden of Proof D.
 
Comments Received on EPA’s Application of the Section 209(b) CriteriaIV.
 
California’s Within the Scope Request for its Zero Emission Vehicle AmendmentsA.
 
Chronology
 
B. CARB’s ZEV Amendments
 
C.
 
EPA’s Determination Regarding the Appropriateness of CARB’s Within theScope Request for the 2012 ZEV AmendmentsD.
 
Application of the Within the Scope Waiver Criteria to CARB’s 2012 ZEVAmendments Regarding 2017 and Earlier MYs1.
 
Public Health and Welfare2.
 
Consistency with Section 202(a)3.
 
New IssuesV.
 
Consideration of the Advance Clean Car Regulations under the Full Waiver CriteriaA.
 
California’s Protectiveness Determination1. Comments on CARB’s Protectiveness Determination2. Is California’s Protectiveness Determination Arbitrary and Capricious?3. Section 209(b)(1)(A) ConclusionB.
 
Does California Need Its Standards to Meet Compelling and ExtraordinaryConditions?1.
 
EPA’s March 6, 2008 GHG Waiver Denial2.
 
EPA’s July 9, 2009 GHG Waiver3.
 
Response to Comments Received4.
 
CARB’s GHG Emission Standards5.
 
CARB’s ZEV Emission Standards6.
 
CARB’s PM Emission Standards7.
 
Section 209(b)(1)(B) ConclusionC.
 
Are the California ACC Standards Consistent with Section 202(a) of the CleanAir Act?1.
 
Historical Approach2.
 
LEV III Criteria Pollutant Standardsa.
 
Particulate Matter Standardsb.
 
EPA’s Response to Comments3.
 
LEV III Greenhouse Gas Emission Standardsa.
 
Comments on CARB’s 2017 through 2025 GHG EmissionStandards

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