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Citation: 52 Fed. Reg. 11880 1987

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11880 Federal Register / Vol. 52, No. 70 [Monday, April 13, 1987 / Notices
and 211 of the Commission's Rules of
Practice and Procedure, All such
motions or protests should be filed on or
before April 15,1987 Protests will be
considered by the Commission in
determining the appropriate action to be
taken, but will not serve to make
protestants parties to the proceeding.
Any person wishing to become a party
must file a motion to intervene. Copies
of this filing are on file with the
Commission and are available for public
inspection.
Kenneth F Plumb,
Secretory.
[FR Doec. 67-8188 Filed 4-10-87" 845 am)
BLNG C E5717-0-1
ENVIRONMENTAL PROTECTION
AGENCY
[FRL-3184-81
California State Motor Vehicle
Pollution Control Standards;
Opportunity for Public Hearing
AGENCY: Environmental Protection
Agency [EPA).
ACTION: Notice of an Opportunity for
Public Hearing.
SUMMARY: The California Air Resources
Board (CARB) has notified EPA that it
has amended its exhaust emission
standards and enforcement procedures
for heavy-duty gasoline and diesel-
powered engines and vehicles.
California has 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). Tis notice announces that EPA
has tentatively scheduled a public
hearing for May 13, 1987 ,to consider
CARB's request and to hear comments
from interested parties regarding
CARB's amendments. Any party
desiring to present oral testimony for the
record at the public heanng, instead of,
or in addition to, written comments,
must notify EPA by May 4,1987 If no
party informs EPA that it wishes to
testify on these "heavy-duty"
regulations, no hearing will be held and
EPA will consider CARB's request based
on written submissions to the record.
DATES: EPA will hold a public hearing
on May 13, 1987 beginning at 9:00 an., if
any party notifies EPA by May 4, 1987
that it wishes to present oral testimony
regarding CARB's requests. Any party
may submit written comments regarding
CARB's requests by June 12,1987.
ADDRESSES: EPA will hold the public
hearing announced in flus notice at: U.S.
Environmental Protection Agency.
Regional Office (Region IX),
Room 215 Fremont Street, San
Francisco, California. Parties wishing to
present oral testimony at the public
hearing should notify in writing: Charles
N. Freed, Director, Manufacturers
Operations Division (EN-340-F), U.S.
Environmental Protection Agency, 401 M
Street, SW., Washington, DC 20460. Any
party may also submit written
comments regarding the waiver request
to the same address to the attention of
the Docket EN-88--18. Copies of material
relevant to the waiver request (Docket
EN-86--18) will be available for public
inspection during normal worlang hours
(8:00 a.m. to 4:30 p.m., Monday through
Friday) at the U.S. Environmental
Protection Agency, Central Docket
Section (A-130), Gallery I, Waterside
Mall, 401 M Street, SW., Washington,
DC 20460.
FOR FURTHER INFORMATION CONTACT.
Alice M. Crowe, Attorney,
Manufacturers Operations Division
(EN-340-F) U.S. Environmental
Protection Agency, 401 M Street, SW.,
Washington, DC 20460, (202) 382-2514.
SUPPLEMENTARY INFORMATION:
1. 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."
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 California "if the State
determines that [its] standards will
be, In the aggregate, at least as
protective of public health and welfare
as applicable Federal standards
[unless] 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
Actl."
Once California has received a waiver
of the application of the prohibitions of
'section 209(a) for its standards and
enforcement procedures for a class of
vehicles, it may adopt other conditions
precedent to initial retail sale, titling or
registration of the subject class vehicles
without the necessity of receiving a
further waiver of Federal preemption. If
California acts to amend previously
waived emission standards or
accompanying enforcement procedures,
the change may be considered to be
within the scope of the previous waiver
if it does not undermine California's
determination that its standards, in the
aggregate, are as protective of public
health and welfare as comparable
Federal standards, does not affect the
consistency of California's requirements
with respect to section 202(a) of the Act,
and raises no new issues affecting EPA's
previous waiver determinations.
By two letters both dated September
19,1986, CARB submitted to EPA
requests for waivers of Federal
preemption for amendments to its
emission standards and test procedures
for heavy-duty gasoline and diesel-
powered engines and vehicles. These
amendments more closely align
California's heavy-duty certification
requirements with the corresponding
Federal requirements. For 1987 and later
model year heavy-duty gasoline-
powered engines and vehicles the
amendments
1. Incorporate the Federal emission
standards for hydrocarbon (HC), carbon
monoxide (CO), and nitrogen oxide
(NOx) but do not permit NOx averaging;
2. Incorporate the current Federal
transient cycle test procedures;
3. Extend the useful-life period for
emissions compliance, engine durability
and recall to the Federal full-life
distance of 110,000 miles;
4. Incorporate the Federal idle CO
emissions limit and idle test procedures
for heavy-duty gasoline-powered
engines using exhaust aftertreatment;
5. Eliminate the use of the steady-state
emission standards and test procedures
at the conclusion of the 1986 model year.
with a limited carryover provision;
6. Eliminate California's optional
transient cycle test procedures adopted
in 1981.
For 1988 and later model year diesel-
powered engine and vehicles the
amendments:
1. Incorporate the Federal emissions
standards for particulate matter (PM)
and NOx;
2. Incorporate in significant part the
Federal transient cycle test procedures;
3 Establish a iog/bhp-hr PM
standard for urban buses for 1991-1993
model yearsn
4. Provide, as an option, averaging for
PM for 1991-1995 model years, excluding
urban buses-,
 Federal Register / Vol. 52, No. 70
5. Incorporate Federal smoke opacity
and test procedures.
California states in its September 19,
1986 letters that it has determined that
its standards are, in the aggregate, at
least as protective of the public health
and welfare as the applicable Federal
standards and that this determination is
not arbitrary or capricious since these
amended standards are basically
identical to the Federal standards.
Further, California states that it
continues to need its standards to meet
compelling and extraordinary
conditions. Finally, California states that
these amendments are consistent with
section 202(a] of the Act since they are
basically identical to the Federal
standards.
California's request will be considered
according to the requirements for a full
waiver determination, and therefore an
opportunity for a hearing is being
provided to consider comments from
interested parties. Any party wishing to
present testimony at the hearing should
address the following issues:
(1) Whether or not California's
determination that the amended
standards are at least as protective of
public health and welfare as applicable
Federal standards is arbitrary and
capricious;
(2] Whether or not California needs its
standards to meet compelling and
extraordinary conditions; and
(3) Whether or not California
standards and accompanying
enforcement procedures are consistent
with section 202(a) of the Act.
II. Procedures for Public Participation
If the scheduled hearing takes place, it
will provide an opportunity for
interested parties to state orally their
views or arguments or to provide
pertinent information concerning the
amendments at issue. Any party
desiring to make an oral statement
should file 10 copies of its proposed
testimony and other relevant material
along with its request for a hearing with
the Director of EPA's Manufacturers
Operations Division at the address
listed above not later than May 13,1987
In addition, the party should submit 25
copies, if feasible, of the proposed
statement to the Presiding Officer at the
time of the hearing.
Since a public hearing is designed to
give interested persons an opportunity
to participate in this proceeding, their
are no adversary 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
/Monday, April 13, 1987 / Notices
deems irrelevant or repetitious and to
impose reasonable limits on the
duration of the statements of any
witness.
If EPA does hold the hearing, the
Agency will make a verbatim record of
the proceedings. Interested persons may
arrange with the reporter at the hearing
to obtain a copy of the transcript at their
own expense. I will base my
determination with regard to CARB's
request on the record of the public
hearing, if any, and on any other
relevant written submissions and
consider other pertinent information.
This information will be available for
public inspection at the EPA Central
Docket Section.
Dated: April 2,1987
Don R.Clay,
Acting AssistantAdmmnstratorforAirand
Radiation.
(FR Doc. 87-81Z8 Filed 4-14-87" 8:45 aml
SILUNG CODE 6560-50-U
[OPP-180730; FRL-3185-6]
Receipt of Applications for Emergency
Exemptions From Oregon To Use
Dinoseb; Solicitation of Public
Comment
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of receipt.
SUMMARY. EPA has received specific
exemption requests of February 13 and
March 23, 1987 from the Oregon
Department of Agriculture (hereafter
referred to as "Oregon") to use dinoseb
(CAS 88-85-7) on dry peas, chickpeas,
and lentils to control broadleaf weeds.
EPA, in accordance with 40 CFR 166.24,
is required to issue a notice of receipt
and, time permitting, to solicit public
comment before making the decision
whether to grant the exemptions.
DATE: Comments must be received on or
before April 20, 1987
ADDRESS: Three copies of written
comments, bearing the identification
notation "OPP-180730 should be
submitted by mail to:
Information Services Section, Program
Management and Support Division
(TS-757C), Office of Pesticide
Programs, Environmental Protection
Agency, 401 M St., SW., Washington,
D.C. 2046o.
In person, bring comments to:
Rm. 236, CM #2, 1921 Jefferson Davis
Highway, Arlington, VA.
Information submitted in any
comment concerning this notice may be
claimed confidential by marking any
part or all of that information as
11881
"Confidential Business Information."
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR Part 2. A
copy of the comment that does not
contain Confidential Business
Information must be provided by the
submitter for inclusion in the public
record. Information not marked
confidential may be disclosed publicly
by EPA without prior notice. All written
comments filed pursuant to this notice
will be available for public inspection in
Rm. 236, Crystal Mall No. 2,1921
Jefferson Davis Highway, Arlington, VA,
from 8 a.m. to 4 p.m., Monday through
Friday, except legal holidays.
FOR FURTHER INFORMATION CONTACT: By
mail: Donald R. Stubbs, Registration
Division (TS-767C), Office of Pesticide
Programs, Environmental Protection
Agency, 401 M St., SW., Washington,
D.C. 20460. Office location and
telephone number: Rm. 716, Crystal Mall
2, 1921 Jefferson Davis Highway,
Arlington, VA, (703-557-7700).
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to section 18 of the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) (7 U.S.C. 136p), the
Admimstrator may, at his discretion,
exempt a State or Federal agency from
any provision of FIFRA if he determines
that emergency conditions exist which
require such exemption. The applicable
EPA regulations for emergency
exemptions are set forth at 40 CFR Part
166.
The Department of Agriculture for the
state or Oregon, in letters dated
February 13, and March 23,1987 has
requested the Administrator to issue
specific exemptions for the use of
dinoseb to control broadleaf weeds in
on dry peas, chickpeas, and lentils in
Morrow, Umatilla, and Union counties.
On October 7 1986, EPA suspended
all registrations of dinoseb products (51
FRt 36634, October 14,1986). The basis
for the suspension of all dinoseb
registrations was significant risk of
developmental toxicity and other
adverse health effects to applicators and
other populations exposed to dinoseb.
Subsequently four registrants
submitted requests for an expedited
suspension hearing on the question of
whether or not sale, distribution, or use
of dinoseb would pose an imminent
hazard during the time required to
conduct a cancellation hearing. These
registrants withdrew their expedited
hearing requests on the question of
imminent hazard on October 30, 1986,
resulting in the immediate entry,