Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Rhode Island Low Emission Vehicle Program |
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H. Curtis Spalding
Environmental Protection Agency
June 4, 2015
[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Proposed Rules]
[Pages 31867-31870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13679]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 /
Proposed Rules
[[Page 31867]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2009-0541; A-1-FRL-9928-72-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Rhode Island Low Emission Vehicle Program
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Rhode Island. The regulations adopted by Rhode Island include
the California Low Emission Vehicle (LEV) II light-duty motor vehicle
emission standards effective in model year 2008, the California LEV II
medium-duty vehicle standards effective in model year 2009, and
greenhouse gas emission standards for light-duty motor vehicles and
medium-duty vehicles effective with model year 2009. The Rhode Island
LEV regulation submitted also includes a zero emission vehicle (ZEV)
provision. Rhode Island has adopted these revisions to reduce emissions
of volatile organic compounds (VOC) and nitrogen oxides
(NOX) in accordance with the requirements of the Clean Air
Act (CAA), as well as to reduce greenhouse gases (carbon dioxide,
methane, nitrous oxide, and hydrofluorocarbons). In addition, Rhode
Island has worked to ensure that their program is identical to
California's, as required by the CAA. These actions are being taken
under the Clean Air Act.
DATES: Written comments must be received on or before July 6, 2015.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2009-0541 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2009-0541,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA
02109--3912.
5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, U.S. Environmental Protection
Agency, EPA New England Regional Office, Office of Ecosystem
Protection, 5 Post Office Square--Suite 100, (mail code OEP05-2),
Boston, MA 02109--3912. Such deliveries are only accepted during the
Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2009-0541. 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 through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
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 at U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if
at all possible, you contact the contact listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m., excluding legal holidays.
In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency; Office of Air Resources, Department of Environmental
Management, 235 Promenade Street, Providence, RI 02908-5767.
FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston,
MA 02109-3912, telephone number (617) 918-1660, fax number (617) 918-
0660, email garcia.ariel@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. The California LEV Program
III. Relevant EPA and CAA Requirements
A. Waiver Process
B. State Adoption of California Standards
IV. Proposed Action
[[Page 31868]]
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On September 5, 2008, the Rhode Island Department of Environmental
Management (DEM) submitted a revision to its State Implementation Plan
(SIP) consisting of Rhode Island's amended Air Pollution Control
Regulation No. 37 (APCR No. 37), ``Rhode Island's Low Emission Vehicle
Program.'' Rhode Island's amended APCR No. 37, with an effective date
of December 22, 2005, adopts the California LEV II program. Rhode
Island first adopted California's LEV I program standards on June 6,
1996. In 1999, APCR No. 37 was amended to allow automobile
manufacturers to comply with the National Low Emission Vehicle (NLEV)
program in lieu of complying with the California LEV program. In 2004,
Rhode Island adopted California's LEV II standards. In September 2005,
California amended their LEV II standards to include standards for
greenhouse gas emissions to apply to model year 2009 and later
vehicles.
The December 22, 2005 amendments to Rhode Island's LEV program,
rescinded both the California LEV I program and the NLEV program. In
accordance with section 177 of the Clean Air Act (CAA), Rhode Island
adopted the California LEV II program, including all ``zero emission
vehicle'' program elements, commencing with 2008 model year vehicles
and including the California LEV II program standards relating to
greenhouse gas emissions beginning with 2009 model year vehicles.
On December 22, 2005, Rhode Island amended APCR No. 37, making
minor technical corrections and clarifications: adopting California LEV
II emission standards and related provisions for medium-duty vehicles
commencing with the 2009 model year, adopting recently announced
revisions concerning LEV II greenhouse gas emission standards and
related provisions for passenger cars, light-duty trucks, and medium-
duty passenger vehicles commencing with the 2009 model year in
accordance with section 177 of the CAA, and providing additional
clarification and flexibility with respect to the implementation of the
zero emissions vehicle (ZEV) program in Rhode Island.
II. The California LEV Program
The California Air Resources Board (CARB) adopted the first
generation of LEV regulations (LEV I) in 1990, which impacted vehicles
through the 2003 model year. CARB adopted California's second
generation LEV regulations (LEV II) following a November 1998 hearing.
Subsequent to the adoption of the California LEV II program in February
2000, EPA adopted separate Federal standards known as the Tier 2
regulations (February 10, 2000; 65 FR 6698). In December 2000, CARB
modified the California 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. EPA
granted California a waiver for its LEV II program on April 22, 2003
(68 FR 19811).
The LEV II regulations expanded the scope of the LEV I regulations
by setting strict fleet-average emission standards for light-duty,
medium-duty (including sport utility vehicles), and heavy-duty
vehicles. The standards began with the 2004 model year and increased in
stringency through the 2010 model year and beyond. The LEV II
regulations provide flexibility to auto manufacturers by allowing them
to certify their vehicle models to one of several different emissions
standards. The different tiers of increasingly stringent LEV II
emission standards to which a manufacturer may certify a vehicle are:
Low emission vehicle (LEV), ultra-low emission vehicle (ULEV), super
ultra-low emission vehicle (SULEV), partial zero emission vehicle
(PZEV), advanced technology partial zero emission vehicle (ATPZEV), and
zero emission vehicle (ZEV).
The manufacturer must show that the overall fleet for a given model
year meets the specified phase-in requirements according to the fleet
average non-methane hydrocarbon requirement for that year. The fleet
average non-methane hydrocarbon emission limits are progressively lower
with each model year. The program also requires auto manufacturers to
include a ``smog index'' label on each vehicle sold, which is intended
to inform consumers about the amount of pollution produced by that
vehicle relative to other vehicles.
In addition to meeting the LEV II requirements, large or
intermediate volume manufacturers must ensure that a certain percentage
of the passenger cars and lightest light-duty trucks that they market
in California are ZEVs. This is referred to as the ZEV mandate.
California has modified the ZEV mandate several times since it took
effect. Most recently, CARB has put in place an alternative compliance
program (ACP) to provide auto manufacturers with several options to
meet the ZEV mandate. The ACP established ZEV credit multipliers to
allow auto manufacturers to take credit for meeting the ZEV mandate by
selling more PZEVs and ATPZEVs than they are otherwise required to
sell. On December 28, 2006, EPA granted California's request for a
waiver of Federal preemption to enforce provisions of the ZEV
regulations through model year 2011.
On October 15, 2005, California amended its LEV II program to
include greenhouse gas (GHG) emission standards for passenger cars,
light-duty trucks, and medium-duty passenger vehicles. On December 21,
2005, California requested that EPA grant a waiver of preemption under
CAA section 209(b) for its greenhouse gas emission regulations. On June
30, 2009, EPA granted CARB's request for a waiver of CAA preemption to
enforce its greenhouse gas emission standards for model year 2009 and
later new motor vehicles (July 8, 2009; 74 FR 32744-32784). This
decision withdrew and replaced EPA's prior denial of the CARB's
December 21, 2005 waiver request, which was published in the Federal
Register on March 6, 2008 (73 FR 12156-12169).
III. Relevant EPA and CAA Requirements
Section 209(a) 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, under section 209(b) of
the CAA, EPA shall grant a waiver of the section 209(a) prohibition to
the State of California unless EPA makes specified findings, thereby
allowing California to adopt its own motor vehicle emissions standards.
Other states may adopt California's motor vehicle emission standards
under section 177 of the CAA.
For additional information regarding California's motor vehicle
emission standards and adoption by other states, please see EPA's
``California Waivers and Authorizations'' Web page at URL address:
http://www.epa.gov/otaq/cafr.htm. This Web site also lists relevant
Federal Register notices that have been issued by EPA in response to
California waiver and authorization requests.
A. Waiver Process
The CAA allows California to seek a waiver of the preemption which
prohibits states from enacting emission standards for new motor
vehicles. EPA must grant this waiver before California's rules may be
enforced. When California files a waiver request, EPA publishes a
notice for public hearing and written comment in the
[[Page 31869]]
Federal Register. The written comment period remains open for a period
of time after the public hearing. Once the comment period expires, EPA
reviews the comments and the Administrator determines whether the
requirements for obtaining a waiver have been met.
According to CAA section 209--State Standards, EPA shall grant a
waiver unless the Administrator finds that California:
--Was arbitrary and capricious in its finding that its standards are in
the aggregate at least as protective of public health and welfare as
applicable Federal standards;
--does not need such standards to meet compelling and extraordinary
conditions; or
--proposes standards and accompanying enforcement procedures that are
not consistent with section 202(a) of the CAA.
The most recent EPA waiver relevant to EPA's proposed approval of
Rhode Island's LEV program is ``California State Motor Vehicle
Pollution Control Standards; Notice of Decision Granting a Waiver of
Clean Air Act Preemption for California's 2009 and Subsequent Model
Year Greenhouse Gas Emission Standards for New Motor Vehicles'' (July
8, 2009; 74 FR 32744-32784). This final rulemaking allows California to
establish standards to regulate greenhouse gas emissions from new
passenger cars, light-duty trucks and medium-duty vehicles. The four
new greenhouse gas air contaminants added to California's existing
regulations for criteria and criteria-precursor pollutants and air
toxic contaminants are: carbon dioxide (CO2), methane
(CH4), nitrous oxide (N2O), and
hydrofluorocarbons (HFCs).
B. State Adoption of California Standards
Section 177 of the CAA allows other states to adopt and enforce
California's standards for the control of emissions from new motor
vehicles, provided that, among other things, such state standards are
identical to the California standards for which a waiver has been
granted under CAA section 209(b). In addition, the state must adopt
such standards at least two years prior to the commencement of the
model year to which the standards will apply. EPA issued guidance
(CISD-07-16) \1\ regarding its cross-border sales policy for
California-certified vehicles. This guidance includes a list and map of
states that have adopted California standards, specific to the 2008-
2010 model years. All SIP revisions submitted to EPA for approval must
also meet the requirements of CAA section 110.
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\1\ See EPA's October 29, 2007 letter to Manufactures regarding
``Sales of California-certified 2008-2010 Model Year Vehicles
(Cross-Border Sales Policy),'' with attachments. Attachment 1--EPA
Policy on Cross-Border Sales of 2008 to 2010 Model Years California-
Certified Vehicles; Attachment 2--Questions and Answers on EPA's
Cross Border Sales Policies; and Attachment 3--Updated summary table
and a set of maps reflecting the status of Section 177 states by
model year. http://iaspub.epa.gov/otaqpub/display_file.jsp?docid=16888&flag=1.
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The provisions of section 177 of the CAA require Rhode Island to
amend the Rhode Island LEV program at such time as the State of
California amends its California LEV program. Rhode Island has
demonstrated its commitment to maintain a Rhode Island LEV program
consistent with the California LEV program through the continuous
adoption of regulatory amendments to Rhode Island's APCR No. 37. For
example, an earlier version of APCR No. 37, effective in the State of
Rhode Island on December 7, 1999, was previously approved into the
Rhode Island SIP on March 9, 2000 (65 FR 12476).
In addition, Rhode Island's September 5, 2008 SIP revision meets
the anti-backsliding requirements of section 110 of the CAA. This SIP
revision sets new requirements, the California LEV II standards, which
are more stringent than the California LEV I standards previously
approved into the SIP, and expands program coverage to model year
vehicles not covered by the California LEV I standards.
EPA notes that a number of California Code of Regulations (CCR)
Title 13 provisions incorporated-by-reference in Rhode Island's APCR
No. 37 have been amended by California since Rhode Island adopted the
December 22, 2005 amendments to APCR No. 37 currently being proposed
for approved. Subsequent revisions to California regulations, and the
resulting revisions to Rhode Island's APCR No. 37, in accordance with
section 177 of the CAA, will be addressed by Rhode Island at a later
date.\2\
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\2\ On July 17, 2013, Rhode Island adopted revisions to Air
Pollution Control Regulation No. 37 ``Rhode Island's Low Emission
Vehicle Program.'' These revisions have not yet been submitted to
EPA as a SIP revision and are not part of today's action.
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IV. Proposed Action
EPA is proposing to approve, and incorporate into the Rhode Island
SIP, Rhode Island's APCR No. 37, Rhode Island's Low Emission Vehicle
(LEV) program, effective in the State of Rhode Island on December 22,
2005, and submitted to EPA as a SIP revision on September 5, 2008. The
Rhode Island LEV program amendments adopted by Rhode Island include:
the California LEV II light-duty program beginning with model year
2008; the California LEV II medium-duty vehicle emission standards
beginning with model year 2009; the California LEV II greenhouse gas
emission standards for passenger cars, light-duty trucks and medium-
duty passenger vehicles commencing with 2009 model year vehicles; and
the California ZEV provision. EPA is proposing to approve the Rhode
Island LEV program requirements into the SIP because EPA has found that
the requirements are consistent with the CAA.
EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to the EPA
New England Regional Office listed in the ADDRESSES section of this
Federal Register.
V. Incorporation by Reference
In this rule, the EPA is proposing to finalize regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is proposing the incorporation by reference of
Rhode Island's Air Pollution Control Regulation No. 37, Rhode Island's
Low Emission Vehicle (LEV) program, effective in the State of Rhode
Island on December 22, 2005. The EPA has made, and will continue to
make, these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
Accordingly, this proposed 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 Orders 12866 (58
FR 51735,
[[Page 31870]]
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 Clean Air Act; 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).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 20, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2015-13679 Filed 6-3-15; 8:45 am]
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