Approval and Promulgation of Air Quality Implementation Plans; Maryland; Low Emission Vehicle Program |
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W.C. Early
Environmental Protection Agency
July 9, 2014
[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Rules and Regulations]
[Pages 38787-38792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15886]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0310; FRL-9913-30-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Low Emission Vehicle Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Maryland.
This revision pertains to Maryland's incorporation by reference of the
most recent amendments to California's Low Emission Vehicle (LEV)
program. The Clean Air Act (CAA) contains authority by which other
states may adopt new motor vehicle emissions standards that are
identical to California's standards. Maryland has adopted by reference
California's light and medium-duty vehicle emissions and fuel
standards, and consistent with California, submits amendments to these
standards as revisions to the State's SIP. In this SIP revision,
Maryland is updating its Low Emissions Vehicle Program regulation to
adopt by reference California's Advanced Clean Car Program. This action
is being taken under the CAA.
DATES: This rule is effective on September 8, 2014 without further
notice, unless EPA receives adverse written comment by August 8, 2014.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0310 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: Fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2014-0310, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
[[Page 38788]]
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0310. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
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 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 electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa (215) 814-
2038, or by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION: On August 1, 2013, the Maryland Department
of the Environment (MDE) submitted a revision to its SIP amending
Maryland's Low Emissions Vehicle Program regulation, COMAR 26.11.34, to
adopt California's Advanced Clean Cars Program, also referred to as the
CA LEV III program. The Maryland Low Emissions Vehicle Program requires
all new 2011 and subsequent model year passenger cars, light trucks,
and medium-duty vehicles having a gross vehicle weight rating (GVWR) of
14,000 pounds or less that are sold in Maryland to meet California's
vehicle standards.
Table of Contents
I. Background
A. Maryland's Air Quality With Respect to the Ozone National
Ambient Air Quality Standard (NAAQS)
B. Federal Vehicle Standards
C. California's Vehicle Standards
D. Maryland's Low Emissions Vehicle Program
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
A. Maryland's Air Quality With Respect to the Ozone National Ambient
Air Quality Standard (NAAQS)
Ozone is formed in the atmosphere by photochemical reactions
between volatile organic compounds (VOCs), nitrogen oxides
(NOX), and carbon monoxide (CO) in the presence of sunlight.
In order to reduce ozone concentrations in the ambient air, the CAA
requires all nonattainment areas to apply controls on VOCs and
NOX emission sources to achieve emission reductions.
On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone
NAAQS, at 0.08 parts per million (ppm) averaged over an 8-hour time
frame. On April 30, 2004 (69 FR 23951), EPA finalized designations for
areas across the country with respect to the 1997 8-hour ozone NAAQS,
which became effective on June 15, 2004. In this rulemaking action, EPA
designated for the 1997 8-hour ozone NAAQS three separate nonattainment
areas containing eleven counties and the City of Baltimore in Maryland:
(1) The Baltimore, Maryland moderate nonattainment area (hereafter the
Baltimore Area), consisting of the counties of Ann Arundel, Baltimore,
Carroll, Harford, and Howard, and the City of Baltimore in Maryland;
(2) the Washington, DC-MD-VA moderate nonattainment area (hereafter the
Washington Area), whose Maryland's portion consists of the counties of
Calvert, Charles, Frederick, Montgomery, and Prince George's; and (3)
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE moderate
nonattainment area (hereafter the Philadelphia Area), whose Maryland's
portion consists of Cecil County. See 40 CFR 81.321. Upon designation,
these 1997 8-hour ozone moderate nonattainment areas had an attainment
date of no later than June 15, 2010.
Two of Maryland's ozone nonattainment areas have attained the 1997
8-hour ozone NAAQS. On February 28, 2012 (77 FR 11739), EPA determined
that the Washington Area attained the 1997 8-hour ozone NAAQS by its
June 15, 2010 attainment date. On January 21, 2011 (76 FR 3840), EPA
issued a 1-year attainment date extension (i.e., from June 15, 2010 to
June 15 2011) for the Philadelphia Area. On March 26, 2012 (77 FR
17341), EPA determined that the Philadelphia Area attained the 1997 8-
hour ozone NAAQS by its June 15, 2011 attainment date.
On March 11, 2011 (76 FR 13289), EPA issued a 1-year attainment
date extension (i.e., from June 15, 2010 to June 15, 2011) for the
Baltimore Area. On February 1, 2012 (77 FR 4901), EPA made a
determination that the Baltimore Area did not attain the 1997 8-hour
ozone NAAQS by its June 15, 2011 attainment date, based on quality
assured, quality controlled, and certified ambient air monitoring data
for 2008-2010. As a result, in this same rulemaking action EPA
reclassified the Baltimore Area from moderate to serious nonattainment
for the 1997 8-hour ozone NAAQS.
On March 27, 2008 (73 FR 16436), EPA revised the level of the 8-
hour ozone NAAQS from 0.08 ppm to 0.075 ppm. EPA also strengthened the
secondary 8-hour ozone standard to the level of 0.075 ppm making it
identical to the revised primary standard. On May 21, 2012 (77 FR
30088), EPA finalized designations for the 2008 8-hour ozone NAAQS,
that became effective on July 20, 2012. The 2008 8-hour ozone
designations included the same three nonattainment areas previously
designated for the 1997 8-hour ozone NAAQS, but with different
classifications. The Washington Area and the Philadelphia-Wilmington-
Atlantic City Area were classified as marginal nonattainment and the
Baltimore Area was classified as moderate nonattainment.
B. Federal Vehicle Standards
Vehicles sold in the United States are required by the CAA to be
certified to meet the Federal emission standards or California's
emission standards. States are forbidden from adopting their own
standards, but may adopt California's emission standards for which EPA
has
[[Page 38789]]
granted a waiver of preemption. Specifically, section 209 of the CAA
prohibits states from adopting or enforcing standards relating to the
control of emissions from new motor vehicles or new motor vehicle
engines. However, EPA may waive that prohibition to any state that
adopted its own vehicle emission standards prior to March 30, 1966. As
California was the only state to do so, California has authority under
the CAA to adopt its own motor vehicle emissions standards. California
must demonstrate to EPA that its newly adopted standards will be ``. .
. in the aggregate, at least as protective of public health and welfare
as applicable Federal standards.'' EPA then must grant a waiver of
preemption for California's standards, unless the demonstration fails
to meet specific requirements set forth in section 209 of the CAA
applicable to such a waiver demonstration.
Section 177 of the CAA authorizes other states to adopt
California's standards in lieu of Federal vehicle standards, provided
the state adopting California's standards does so at least two years
prior to the model year in which they become effective and that EPA has
issued a waiver of preemption to California for such standards.
California emission standards have been traditionally more stringent
than the EPA requirements, but their structure is similar to that of
the Federal programs.
On February 10, 2000 (65 FR 6698), EPA adopted the second tier of
Federal motor vehicle standards (Federal Tier 2 standards) enacted
under the CAA. The Federal Tier 2 standards included tailpipe emissions
standards for passenger vehicles and light duty trucks and gasoline
sulfur standards. The standards were phased-in between the 2004 and
2007 model years, except in states that had formally adopted
California's emission standards in lieu of the Federal standards.
On May 7, 2010 (75 FR 25324), EPA and the National Highway Traffic
Safety Administration (NHTSA), an agency under the Department of
Transportation (DOT), established a national program consisting of new
standards for light-duty motor vehicles to reduce greenhouse gases
(GHG) emissions and to improve fuel economy. This program affected new
passenger cars, light-duty trucks, and medium-duty passenger vehicles
sold in model years 2012 through 2016. EPA adopted the GHG emissions
standards under the CAA, while NHTSA, as part of DOT, adopted standards
related to fuel economy, the Corporate Average Fuel Economy (CAFE)
standards, under the Energy Policy and Conservation Act (EPCA). Under
this national program, adopted in coordination with California,
automobile manufacturers face a single set of national emissions
standards to meet both Federal and California emissions requirements.
On October 15, 2012 (77 FR 62624), EPA and NHTSA issued a joint
final rule to further reduce GHG emissions and improve fuel economy for
light-duty vehicles for model years 2017 and beyond. This rule extended
the previous national program beyond 2016 by tightening GHG for model
years 2017 to 2025 and the CAFE standards between model years 2017 and
2021. The rule continued to apply to passenger cars, light-duty trucks,
and medium-duty passenger vehicles sold in the applicable model years.
EPA's GHG standards are based on carbon dioxide (CO2)
emissions-footprint curves, where each vehicle has a different
CO2 emissions compliance target depending on its footprint
value (related to the size of the vehicle). Generally, the larger the
vehicle footprint, the higher the corresponding vehicle CO2
emissions target. As a result, the burden of compliance was distributed
across all vehicles and all manufacturers. The CAFE program required
vehicle manufacturers to comply with the gas mileage, or fuel economy,
standards set by the DOT.
On March 3, 2014, EPA signed a final rule adopting Tier 3 Motor
Vehicle Emission and Fuel Standards. The Federal Tier 3 program
establishes more stringent Federal vehicle emissions standards and
lowers the sulfur content of gasoline for new cars in states subject to
the Federal program, beginning in model year 2017. The Federal Tier 3
vehicle program will reduce both tailpipe and evaporative emissions
from passenger cars, light-duty trucks, medium-duty passenger vehicles,
and some heavy-duty vehicles. The gasoline sulfur standard will enable
more stringent vehicle emissions standards and will make emissions
control systems more effective. The tailpipe standards include
different phase-in schedules that vary by vehicle class but generally
phase in between model years 2017 and 2025. The Tier 3 standards are
closely harmonized with California LEV Tier III standards as well as
with Federal and California GHG emission standards for light-duty
vehicles.
C. California's Vehicle Standards
In 1990, California's Air Resources Board (CARB) adopted its first
generation of LEV standards applicable to light and medium duty
vehicles. California's vehicle emission standards program is referred
to as the California Low Emissions Vehicle Program (CA LEV program).
These LEV standards were phased-in beginning in model year 1994 through
model year 2003. In 1999, California adopted a second generation of CA
LEV standards, known as CA LEV II. CA LEV II was phased-in beginning
with model year 2004 through model year 2010. EPA granted a Federal
preemption waiver for CA LEV II program on April 22, 2003 (68 FR
19811).
In December 2000, CARB modified the CA LEV II program to take
advantage of some elements of the Federal Tier 2 regulations to ensure
that only the cleanest vehicle models would continue to be sold in
California. In 2006, CARB adopted technical amendments to its CA LEV II
program that amended the evaporative emission test procedures, onboard
refueling vapor recovery and spitback test procedures, exhaust emission
test procedures, and vehicle emission control label requirements. These
technical amendments aligned each of California's test procedures and
label requirements with its Federal counterpart, in an effort to
streamline and harmonize the California and Federal Tier 2 programs and
to reduce manufacturer testing burdens and increase in-use compliance.
On July 30, 2010 (75 FR 44948), EPA published a Federal Register notice
confirming that CARB's 2006 technical amendments were within-the-scope
of existing waivers of preemption for the CA LEV II program.
The CA LEV II program reduces emissions in a similar manner to the
Federal Tier 2 program by use of declining fleet average non-methane
organic gas (NMOG) emission standards, applicable to each vehicle
manufacturer each year. Separate fleet average standards are not
established for NOX, CO, particulate matter (PM), or
formaldehyde as these emissions are controlled as a co-benefit of the
NMOG fleet average (fleet average values for these pollutants are set
by the certification standards for each set of California prescribed
certification standards.) These allowable sets of standards range from
LEV standards (the least stringent standard set) to Zero Emission
Vehicle (ZEV) standards (the most stringent standard set). In between,
the CA LEV II program establishes various other standards: The Ultra-
Low Emission Vehicles (ULEV), Super-Ultra Low Emission Vehicles
(SULEV), Partial Zero Emission Vehicles (PZEV), and Advanced
Technology-Partial Zero Emission Vehicles (AT-PZEV). Each manufacturer
may comply by selling a mix of vehicles meeting any of these standards,
as long as their sales-
[[Page 38790]]
weighted, overall average of the various standard sets meets the
overall fleet average and ZEV requirements.
In January 2012, California approved a new emissions-control
program for model years 2017 through 2025, called the Advanced Clean
Cars Program, or the CA LEV III program. The program combines the
control of smog, soot, and GHG and requirements for greater numbers of
ZEV vehicles into a single package of standards. The regulations apply
to light duty vehicles, light duty trucks, and medium duty passenger
vehicles. Under the Advanced Clean Cars Program, manufacturers can
certify vehicles to the standards before model year 2015. Beginning
with model year 2020, all vehicles must be certified to CA LEV III
standards. The ZEV amendments add flexibility to California's existing
ZEV program for 2017 and earlier model years, and establish new sales
and technology requirements starting with the 2018 model year. The CA
LEV III amendments establish more stringent criteria and GHG emission
standards starting with the 2015 and 2017 model years, respectively.
The California GHG standards are almost identical in stringency and
structure to the Federal GHG standards for model years from 2017 to
2025. Additionally, on December 2012, California adopted a ``deemed to
comply'' regulation that enables manufacturers to show compliance with
California GHG standards by demonstrating compliance with Federal GHG
standards. On June 9, 2013 (78 FR 2112), EPA granted a Federal
preemption waiver for California's Advanced Clean Cars Program.
California's LEV Program is contained in the California Code of
Regulations (CCR), Title 13 ``Motor Vehicles,'' Division 3 ``Air
Resources Board.''
D. Maryland's Low Emissions Vehicle Program
In order to address ambient air quality in the State, Maryland's
legislature adopted and the Governor signed the Maryland Clean Cars Act
of 2007, the purpose of which was to implement California's motor
vehicle emission standards. This statute compelled the adoption by MDE
on November 19, 2007 of a rule to implement CA LEV II standards. This
rule established Maryland regulatory chapter COMAR 26.11.34, entitled
``Low Emission Vehicle Program'' (also referred to as Maryland Clean
Car Program), which became effective in Maryland on December 17, 2007.
Since originally adopted, Maryland has revised its LEV program in 2009
and 2011 to reflect updates by California to the CA LEV II program.
Maryland submitted these changes to EPA as SIP revisions, which EPA
approved into Maryland's SIP. See 78 FR 34911 (June 11, 2013).
The Maryland Clean Car Program has two objectives. The first is to
reduce emissions of NOX and VOCs, as precursors of ground
level ozone, from new motor vehicles sold in Maryland. The second
objective of the program is to reduce GHG emissions from motor
vehicles. The Maryland Clean Car Program requires all 2011 and newer
model year passenger cars, light-duty trucks, and medium-duty vehicles
having a GVWR of 14,000 pounds or less that are sold as new cars or are
transferred in Maryland to meet the applicable California emissions
standards. For purposes of the Maryland Clean Car Program, transfer
means to sell, import, deliver, purchase, lease, rent, acquire, or
receive a motor vehicle for titling or registration in Maryland.
II. Summary of SIP Revision
Since Maryland last adopted California's vehicle standards in 2011,
California has updated its rules to adopt its Advanced Clean Cars
Program. As mentioned previously, on June 9, 2013 (78 FR 2112), EPA
granted a Federal preemption waiver for California's Advanced Clean
Cars Program. Maryland adopted California's updates to portions of CCR
Title 13, Division 3 by amending COMAR 26.11.34.02 on February 6, 2013
(40:4 Md R. 347), as proposed on November 30, 2012 (39:24 Md. R. 1587-
1590). These amendments became state-effective on March 4, 2013.
On August 1, 2013, Maryland submitted as a SIP revision the state-
adopted amendments to the Maryland LEV Program rule, with exception of
CCR, Title 13, Division 3, Section 2030 ``Liquefied Petroleum Gas or
Natural Gas Retrofit Systems,'' effective on February 13, 2010. The
purpose of this SIP revision is for Maryland to update its
incorporation by reference provisions, under COMAR 26.11.34.02, to
adopt the CA LEV III program. This SIP revision will replace in its
entirety the existing regulation COMAR 26.11.34.02 as approved in the
SIP on June 11, 2013. See 78 FR 34911. A list of California's
regulations being incorporated by reference is included as part of
Maryland's notice of proposed action dated November 30, 2012 (39:24 Md.
R. 1587-1590), which is included in the State submittal and available
online at www.regulations.gov, Docket ID No. EPA-R03-OAR-2014-0310.
The proposed SIP revision includes Maryland's revised Clean Car
Program rules that adopt by reference California's Advanced Clean Car
Program approved by CARB in 2012. These amendments are important for
purposes of making sure Maryland's rules are consistent with those of
California, and thus in compliance with Maryland's requirement under
section 177 of the CAA.
As explained earlier, the California Advanced Clean Cars Program
includes changes to CA LEV II, GHG, and ZEV standards, all of which
have been adopted by Maryland. The California Advanced Clean Cars
Program regulates criteria pollutants, and requires that all new 2017
and subsequent model year vehicles transferred (including titled and
registered) in the State of Maryland be certified to meet the new
California emission standards. The CA LEV III emission standards will
be phased-in from 2017-2025. Maryland's update to its Clean Car Program
will result in a further reduction of ozone precursors emissions of
NOX and VOCs, as well as air toxic and GHG emissions beyond
the State's current, SIP-approved program.
III. Final Action
EPA is approving a SIP revision submitted by Maryland on August 1,
2013. The SIP revision amends the Maryland Low Emission Vehicle
Program, in regulation COMAR 26.11.34.02, to incorporate by reference
California's Advanced Clean Car Program. Maryland's adoption of
California's vehicle standards is authorized by section 177 of the CAA,
and will ensure that Maryland's Low Emission Vehicle Program continues
to be the same as California's Low Emission Vehicle program. EPA is
publishing this rule without prior proposal because EPA views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the ``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on September 8, 2014, without further notice unless EPA
receives adverse comment by August 8, 2014. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
[[Page 38791]]
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 8, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This rulemaking action to revise the Maryland Low
Emissions Vehicle Program may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 13, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (c) is amended by revising
the entry for COMAR 26.11.34.02. to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
State Additional
Code of Maryland Administrative Title/subject effective EPA approval date explanation/citation
Regulations (COMAR) citation date at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.34 Low Emissions Vehicle Program
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.34.02 with exception....... Incorporation by 03/04/13 07/09/14 [Insert Update to
Reference. Federal Register incorporate by
citation]. reference
California's
Advanced Clean Car
Program rules, with
exception of Title
13, California Code
of Regulations
(CCR), Division 3,
Chapter 2, Article
5, Sec. 2030.
* * * * * * *
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[FR Doc. 2014-15886 Filed 7-8-14; 8:45 am]
BILLING CODE 6560-50-P