Approval and Promulgation of Air Quality Implementation Plans; Maryland; Low Emissions Vehicle Program Revisions |
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William C. Early
Environmental Protection Agency
July 14, 2015
[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40917-40922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17060]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0241; FRL-9930-35-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Low Emissions Vehicle Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve two revisions to the Maryland State
Implementation Plan (SIP). The Clean Air Act (CAA) provides authority
allowing California to adopt its own motor vehicle emissions
[[Page 40918]]
standards for newly manufactured vehicles, in lieu of federal vehicle
standards. The CAA also allows other states to adopt California's
vehicle standards, as long as they are identical to California's
standards. Maryland's recent SIP submittals serve to amend Maryland's
Clean Car Program to incorporate updates that California has made to
its Low Emission Vehicle (LEV) program rules. Maryland adopted
California's emission standards applicable to newly manufactured light
and medium-duty vehicles in 2007, and EPA approved Maryland's Clean Car
Program in prior rulemakings. However, since then California revised
its LEV program regulations on several occasions, and Maryland
subsequently amended its own rules to be consistent with those of
California. Since the Clean Car Program is part of the SIP, Maryland
then submits these amendments as a SIP revision. Maryland submitted
such SIP revision requests in July 2014 and again in April 2015 to
update its SIP to be consistent with California's latest LEV program
rules. EPA's action to approve Maryland's most recent Clean Car Program
SIP revisions is being taken under the CAA.
DATES: This rule is effective on September 14, 2015 without further
notice, unless EPA receives adverse written comment by August 13, 2015.
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-2015-0241 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-2015-0241, 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.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2015-0241. 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: Brian Rehn, (215) 814-2176, or by
email at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION: Maryland originally adopted a Low Emissions
Vehicle Program in 2007 under Regulation .02 of COMAR 26.11.34 Low
Emission Vehicles. Since then, Maryland updated its program rule on
several occasions (in 2009 and 2011), to incorporate changes made by
California to its own LEV program rule. Maryland originally submitted
its Clean Car Program to EPA for inclusion in the SIP in December 2007
(Revision #07-16), with subsequent revisions in November 2010 (Revision
#10-08) and again in June 2011 (Revision #11-05), to reflect Maryland
regulatory updates made in 2009 and 2011. EPA approved Maryland's
original Clean Car SIP submittal (and the November 2010 and June 2011
revisions) in a rulemaking action published in the Federal Register on
June 11, 2013 (78 FR 34911). Maryland again submitted a revised SIP
submittal in August 2013 (Revision #13-02), to incorporate regulatory
changes made in 2012 to its Clean Car Program rule. EPA approved that
SIP revision in a final rulemaking action published in the Federal
Register on July 9, 2013 (79 FR 38787).
On July 28, 2014, Maryland submitted a revision for the SIP
(Revision #14-01) to again amend its Clean Car Program SIP to include
regulatory updates made in 2014 to ensure consistency with California's
LEV rules. Maryland later submitted another revision for the SIP
(Revision #15-02) on April 13, 2015 to adopt additional regulatory
amendments made in 2015. It is these two most recent SIP revisions that
are the subject of this rulemaking.
Table of Contents
I. Background
A. Maryland's Air Quality With Respect to the Federal National
Ambient Air Quality Standard (NAAQS) for Ozone
B. Federal Vehicle Emission Standards
C. California's Low Emission Vehicle Standards
D. Maryland's Low Emissions Vehicle Program
II. Summary of SIP Revisions
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
A. Maryland's Air Quality With Respect to the Federal National Ambient
Air Quality Standard (NAAQS) for Ozone
The CAA, which was last amended in 1990, requires EPA to set NAAQS
for pollutants considered harmful to public health and the environment.
EPA establishes NAAQS for six principal pollutants, or ``criteria''
pollutants, which include: ozone, carbon monoxide (CO), lead, nitrogen
dioxide, fine particulate matter (PM), and sulfur dioxide. The CAA
establishes two types of NAAQS. Primary standards provide public health
protection, including protecting the health of ``sensitive''
populations such as asthmatics, children, and the elderly. Secondary
standards protect public welfare, including protection against
decreased
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visibility and damage to animals, crops, vegetation, and buildings. The
CAA also requires EPA to periodically review the standards to ensure
that they provide adequate health and environmental protection, and to
update those standards as necessary.
Ozone is formed in the atmosphere by photochemical reactions
between ozone precursor pollutants, including volatile organic
compounds (VOCs) and nitrogen oxides (NOX) in the presence
of sunlight. In order to reduce ozone concentrations in the ambient
air, the CAA directs areas designated as nonattainment to apply
controls on VOC and NOX emission sources to reduce the
formation of ozone.
Although EPA has revised the ozone NAAQS several times since the
CAA was reauthorized in 1990, Maryland has historically had three areas
designated as nonattainment under each successive ozone NAAQS. These
include portions of the Baltimore metropolitan area, the Maryland
portion of the Washington, DC metropolitan area, and the Maryland
portion of the Philadelphia metropolitan area. Most recently, EPA
revised the 8-hour ozone NAAQS from 0.08 parts per million (ppm) to
0.075 ppm on March 27, 2008 (73 FR 16436). On May 21, 2012 (77 FR
30088), EPA finalized designations for this 2008 8-hour ozone NAAQS,
including as nonattainment the same three Maryland areas.
B. Federal Vehicle Emission Standards
Vehicles sold in the United States are required by the CAA to be
certified to meet either Federal motor vehicle emission standards or
California emission standards. States other than California are
forbidden from adopting their own standards, but may elect to adopt
California emission standards for which EPA has 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 vehicle engines), however, EPA may
waive that prohibition for any state that adopted its own standards
prior to March 30, 1966. As California was the only state to do so,
California has authority to adopt its own 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,'' after which time
EPA may then grant a waiver of preemption from Federal standards for
California's standards.
Section 177 of the CAA authorizes other states to adopt
California's standards in lieu of Federal vehicle standards, provided
the state does so with at least two model years lead time prior to the
effective date of its program and EPA has issued a waiver of preemption
to California for such standards.
EPA has adopted several iterations, or ``tiers,'' of federal
emissions standards since the CAA was reauthorized in 1990. When
Maryland first adopted its Clean Car Program in 2007, the federal
standards in effect were Tier 2 standards that were adopted by EPA on
February 10, 2000 (65 FR 6698) and were implemented beginning with 2004
model year federally certified vehicles. These Federal Tier 2 standards
set tailpipe emissions standards for passenger vehicles and light duty
trucks and also limited gasoline sulfur levels. EPA later finalized
Tier 3 Federal vehicle and fuel standards on April 28, 2014 (79 FR
23414). The Federal Tier 3 program set more stringent Federal vehicle
emissions standards and further limited allowable sulfur content of
gasoline for new cars, beginning in 2017. EPA attempted to closely
harmonize the Tier 3 standards with California's most current Low
Emissions Vehicle Program.
On May 7, 2010 (75 FR 25324), EPA and the U.S. Department of
Transportation's National Highway Traffic Safety Administration (NHTSA)
jointly 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 trucks, and medium-duty passenger vehicles sold in model years
2012 through 2016. On October 15, 2012 (77 FR 62624), EPA and NHTSA
issued another joint rule to further tighten GHG emissions standards
for model years 2017 through 2025. The Federal GHG standards were
harmonized with similar GHG standards set by California, to ensure that
automobile manufacturers would face a single set of national emissions
standards to meet both Federal and California emissions requirements.
C. California's Low Emission 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 LEV program standards were phased-in beginning
in model year 1994 through model year 2003. In 1999, California adopted
a second generation of LEV standards, known as LEV II, which were
phased-in beginning 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).
California's 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, 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). California's 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-
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 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 California's 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 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 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
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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 III program rules are codified in Title 13 of the
California Code of Regulations (CCR), under Division 3.
D. Maryland's Low Emissions Vehicle Program
Maryland's legislature adopted and the Governor signed into law the
Maryland Clean Cars Act of 2007, establishing legal authority
compelling Maryland to adopt California's LEV standards. Maryland
adopted its ``Low Emission Vehicle Program,'' codified at COMAR
26.11.34 in 2007. Since then, Maryland has revised its program rules a
number of times to ensure consistency with California's LEV program. As
discussed in the Supplemental Information section, Maryland submitted
revisions in 2009 and 2011, which EPA approved (along with the original
2007 Clean Car revision) on June 11, 2013 (78 FR 34911). Since then,
Maryland amended its program in 2013 and submitted another SIP revision
to EPA in August 2013, which EPA approved on July 9, 2014 (79 FR
38787).
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 program requires 2011 and newer 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 as new cars
or transferred in Maryland to meet the applicable California emissions
standards. For purposes of the 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 Revisions
On July 28, 2014, Maryland submitted a formal SIP Revision #14-01
containing Maryland's updated Clean Car regulations to reflect changes
made to adopt California's LEV III Program. This SIP submittal consists
of updates to make Maryland's Clean Car Program consistent with
California's program. Specifically, California amended its LEV III
program rule to allow as a compliance option the recent Federal GHG
standards for model years 2017 to 2025. Since California's LEV III
program addresses GHG pollutants, in addition to criteria pollutants
that are precursors to ozone pollution, Maryland incorporated by
reference this compliance alternative for California's LEV III program
to its own Clean Car Program rule.
On April 30, 2015, Maryland submitted another revision to its SIP
to update the Clean Car Program rules. This latest change relates to
the ZEV requirements of California's rules, including adjustments to
optional compliance path (OCP) for manufacturers related to the
elimination of certain credits in qualifying for the OCP and pooling of
credits across model years. Another ZEV-related provision establishes a
minimum amount of ZEV credits to be used each year, specifically a
limit to use of non-ZEV credits to satisfy ZEV requirements. Further,
California amended the definition for fast refueling for purposes of
determining the ZEV type to limit credits to only technologies that
have actually been demonstrated in practice. Maryland incorporated by
reference in its Clean Car Program these latest changes to California's
LEV III program.
These two most recent Maryland SIP submittals are the subject of
this rulemaking action. Maryland adopted California's updates to
portions of CCR Title 13, Division 3 by amending COMAR 26.11.34.02,
relating to incorporation by reference of California's LEV standards.
The July 28, 2014 and April 13, 2015 SIP submittals include Maryland's
adopted regulatory amendments to the Clean Car Program rule (with the
exception of CCR, Title 13, Division 3, Article 5, Section 2030
``Liquefied Petroleum Gas or Natural Gas Retrofit Systems,'' which
Maryland requested EPA to exclude from the SIP). The April 13, 2015 SIP
submittal will replace in its entirety the existing regulation COMAR
26.11.34.02 as approved in the SIP on July 9, 2014 with the revised
version of COMAR 26.11.34.02 effective February 16, 2015. See 79 FR
38787. A list of California's regulations being incorporated by
reference is included as part of Maryland's notice of proposed action
dated December 1, 2014, which is included in the State submittal and
available online at www.regulations.gov, Docket ID No. EPA-R03-OAR-
2015-0241. These revisions to Maryland's Clean Car Program, as approved
in the Maryland SIP, are important to ensure consistency with
California's LEV program. This will ensure that Maryland's Clean
Vehicle Program complies with the requirements for adoption of another
state's vehicle standards in lieu of Federal vehicle standards, per
section 177 of the CAA.
III. Final Action
EPA is approving Maryland's July 28, 2014 and April 13, 2015 SIP
submittals. These revisions amend the prior approved Maryland Clean
Vehicle Program, specifically with respect to Maryland's updated
incorporation by reference (at COMAR 26.11.34.02) of California's LEV
program rules (at Title 13, CCR, Division 3, with the exception of CCR,
Title 13, Division 3, Article 5, Section 2030). Maryland's SIP
revisions serve to ensure consistency of Maryland's Clean Vehicle
Program with California's LEV III program, satisfying Federal
requirements for state adoption of vehicle emission standards under
section 177 of the CAA. 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 this 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 14, 2015
without further notice unless EPA receives adverse comment by August
13, 2015. 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.
IV. Incorporation by Reference
In this rulemaking action, EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of
Maryland's Clean Vehicle Program rules at COMAR 26.11.34.02, as adopted
on January 20, 2015 and effective on February 16, 2015. EPA has made,
and will continue to make, these documents generally available
electronically through www.regulations.gov and in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve SIP
submissions
[[Page 40921]]
that comply 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 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).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 14, 2015. 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 this 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 action approving revisions to the Maryland
Clean Car 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.
Dated: June 26, 2015.
William 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
----------------------------------------------------------------------------------------------------------------
Code of Maryland Additional explanation/
Administrative Regulations Title/subject State EPA approval date citation at 40 CFR
(COMAR) citation effective date 52.1100
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* * * * * * *
26.11.34....................... Low Emissions Vehicle Program
* * * * * * *
26.11.34.02 (except .02B(20)).. Incorporation by 02/16/15 07/14/15 [Insert Update to incorporate
Reference. Federal Register by reference
citation]. California's Advanced
Clean Car Program
rules, with the
exception of Title 13,
California Code of
Regulations, Division
3, Chapter 2, Article
5, Section 2030.
* * * * * * *
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[FR Doc. 2015-17060 Filed 7-13-15; 8:45 am]
BILLING CODE 6560-50-P