Air Plan Approval; ME; New Motor Vehicle Emission Standards |
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Deborah A. Szaro
Environmental Protection Agency
23 June 2017
[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Proposed Rules]
[Pages 28611-28614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13059]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2013-0089; FRL-9963-87-Region 1]
Air Plan Approval; ME; New Motor Vehicle Emission Standards
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 Maine on August 18, 2015. This SIP revision includes Maine's
revised regulation for new motor vehicle emission standards. Maine has
updated its rule to be consistent with various updates made to
California's low emission vehicle (LEV) program. Maine 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. The intended effect of this action is to propose
approval of Maine's August 18, 2015 SIP revision. This action is being
taken under the Clean Air Act.
DATES: Written comments must be received on or before July 24, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2013-0089 at http://www.regulations.gov, or via email to
arnold.anne@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the Web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, 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) 918-1628, fax number (617) 918-
0628, email rackauskas.eric@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
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On August 18, 2015, the Maine Department of Environmental
Protection (DEP) submitted a revision to its SIP consisting of Maine's
amended Chapter 127 ``New Motor Vehicle Emission Standards.'' The
regulation establishes motor vehicle emission standards for new
gasoline powered passenger cars, light-duty trucks, medium-duty
vehicles, as well as for heavy-duty diesel vehicles.
A prior version of Maine's Chapter 127 is currently in the Maine
SIP. It was effective in the State of Maine on December 31, 2000 and
approved by EPA into the SIP on April 28, 2005 (70 FR 21959). The SIP-
approved version of Chapter 127 includes California's LEV I and LEV II
standards, effective for model years 1994-2003 and 2004-2010,
respectively. It does not include the California zero emission vehicle
(ZEV) mandate for Maine.
Since that time, Maine has made several revisions to Chapter 127.
The version included in Maine's August 18, 2015 SIP revision includes
the following requirements, beyond those previously approved into the
SIP. The SIP revision includes California's 2007 heavy-duty diesel
engine (HDDE) emission standards. This was phased in from 2007 through
2009, with full compliance required for model year 2010 and subsequent
engines. The California regulations were identical to EPA's HDDE rule
that requires engines to emit 95% less NOX and 90% less
particulate matter (PM) than the previous standards.
Maine's revised regulation also includes requirements for diesel
fueled auxiliary power units (APUs). APUs are engines, other than the
main vehicle engine, that could be used for heating or cooling a
sleeper truck, or powering a refrigerator unit while the main vehicle
engine is powered down. The amended Chapter 127 allows truck owners to
install either a California certified or a Federal Tier 4 certified
APU.\1\
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\1\ For information on the Federal Tier 4 diesel program see 40
CFR part 1039.
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Maine's revised rule also includes the California ZEV program. In
2003, the California Air Resources Board (CARB) finalized modifications
to the ZEV program that better aligned the requirements with the status
of then-available technology development. The updated CARB regulations
require that 10% of vehicles be ZEVs starting in
[[Page 28612]]
2005, and allow manufacturers to earn and bank credits for those types
of vehicles produced before 2005. The program also includes an
``alternative compliance path'' that allowed advanced technology
partial ZEVs (AT PZEVs) (gasoline electric hybrids) to be used to meet
ZEV requirements, provided that manufacturers meet a requirement that a
portion of the motor vehicle fleet be fueled by hydrogen fuel cells.
The modifications to the ZEV program also broadened the scope of
vehicles that qualified for meeting a portion of the ZEV sales
requirement.
Maine's amended Chapter 127 also reflects changes to California's
LEV II program that incorporated motor vehicle greenhouse gas (GHG)
emission standards. These standards apply to model year 2009-2016
passenger cars, light-duty trucks, and medium-duty passenger vehicles,
and maintain identical standards with California for all vehicle weight
classes as required by Section 177 of the CAA. Maine originally adopted
the vehicle GHG emission standards as part of their overall goal to
reduce GHG emissions to 1990 levels by 2010, with a further reduction
of another 10% by 2020.
Additionally, Maine's revised rule includes California's LEV III,
updated GHG, and updated ZEV standards and sales requirements. These
three items were `packaged' together by California as part of its
Advanced Clean Cars (ACC) program. LEV III standards apply to 2015 and
subsequent model year vehicles. The LEV III standards will increase the
stringency of PM and evaporative emission standards, and reduce the
fleet average hydrocarbon and NOX emissions to achieve super
ultra-low emissions vehicle (SULEV) standards by 2022. The updated GHG
rule extends GHG emission standards for all new vehicles up to 10,000
pounds through 2025 and subsequent model years. The updated ZEV
regulations apply to any 2018 and subsequent model year passenger cars
and light-duty trucks.
Maine's revised rule also requires that vehicles display an
environmental performance label. Furthermore, the rule requires that
aftermarket catalytic converters be certified to CARB standards as of
June 1, 2018.
II. The California LEV Program
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 regulation (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). In 2012, CARB `packaged' the third
generation LEV program (LEV III) with updated GHG emission standards
and ZEV requirements as part of the ACC program. EPA granted California
a waiver for the ACC program on January 9, 2013 (78 FR 2112).
The LEV II and LEV III regulations expanded the scope of 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 for LEV II began with the 2004 model year
and increased in stringency with each vehicle model year. The LEV III
standards began in 2015 and continue to increase emission stringency
with each progressive vehicle model year through 2025 and beyond.
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 and LEV III requirements, large
or intermediate volume manufacturers must ensure that a certain
percentage of the passenger cars and 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. One modification allowed 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 partial ZEVs (PZEVs) and AT PZEVs 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 2011 vehicle model year. In a letter dated June 27,
2012, CARB requested that EPA grant a waiver of preemption that allowed
updated ZEV regulations as part of the ACC program. These updated ZEV
regulations will require manufacturers to produce increasing numbers of
ZEVs and plug-in hybrid electric vehicles in 2018 and subsequent years.
EPA granted this waiver on January 9, 2013 (78 FR 2112).
On October 15, 2005, California amended its LEV II program to
include 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 GHG regulations. On June 30, 2009, EPA granted CARB's
request for a waiver of CAA preemption to enforce its GHG emission
standards for new model year 2009 and later motor vehicles (July 8,
2009; 74 FR 32744-32784). Approval for updated and extended GHG
emissions was granted by EPA as part of the January 9, 2013 ACC waiver
(78 FR 2112), which includes regulations that incrementally reduce GHG
emissions though 2025 and beyond.
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 if EPA makes specified findings, thereby
allowing California to adopt its own motor vehicle emission standards.
Furthermore, 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
[[Page 28613]]
hearing and written comment in the 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
Maine'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 Advanced Clean Car Program and a Within
the Scope confirmation for California's Zero Emissions Vehicle
Amendments for 2017 and Earlier Model Years'' (January 9, 2013; 78 FR
2112-2145). This final rulemaking allows California to strengthen
standards for LEV regulations and GHG emissions from passenger cars,
light-duty trucks and medium-duty vehicles. It also allows for
continuing ZEV regulations by requiring more ZEV manufacturing and
sales through 2025 and subsequent years.
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) \2\ 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(l).
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\2\ See EPA's October 29, 2007 letter to Manufacturers regarding
``Sales of California-certified 2008-2010 Model Year Vehicles
(Cross-Border Sales Policy),'' with attachments. https://iaspub.epa.gov/otaqpub/display_file.jsp?docid=16888&flag=1.
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The provisions of section 177 of the CAA require Maine to amend the
Maine LEV program at such time as the State of California amends its
California LEV program. Maine has demonstrated its commitment to
maintain a LEV program through the continued adoption of regulatory
amendments to Maine's Chapter 127.
In addition, Maine's August 18, 2015 SIP submittal meets the anti-
backsliding requirements of section 110(l) of the CAA. This SIP
revision sets new requirements, the California LEV III standards, that
are more stringent than the California LEV I and LEV II standards
previously approved into the Maine SIP, and expands program coverage to
model year vehicles not covered by the California LEV I and LEV II
standards, and by extension, not previously included in the Maine SIP.
Maine's revised Chapter 127 also includes increasingly stringent GHG
emissions and LEV sales requirements that are not currently part of the
Maine SIP.
IV. Proposed Action
EPA is proposing to approve, and incorporate into the Maine SIP,
Maine's revised Chapter 127 ``New Motor Vehicle Standards,'' effective
in the State of Maine on May 19, 2015, and submitted to EPA on August
18, 2015. The Maine Vehicle Emission Standards program amendments
adopted by Maine include: the California LEV II GHG program beginning
with model year 2009; the California LEV III program beginning with the
2015 model year; the updated California GHG emission standards
beginning with model year 2017; and the California ZEV provision
(updated in 2012). In addition, Maine's amendments include updated HDDE
and diesel APU emission regulations, and the requirement that all
aftermarket catalytic converters be CARB certified as of June 1, 2018.
EPA is proposing to approve Maine's revised Chapter 127 into the Maine
SIP because EPA has found that the requirements are consistent with the
CAA.
In addition, EPA is proposing to remove 40 CFR 52.1035, which was
promulgated on January 24, 1995 (60 FR 4737). This section states that
Maine must comply with the requirements of 40 CFR 51.120, which are to
implement the Ozone Transport Commission (OTC) LEV program. As noted
above, Maine subsequently adopted the California LEV and LEV II
program, that was approved by EPA into the SIP on April 28, 2005 (70 FR
21959). Furthermore, this proposed approval of Maine's revised Chapter
127, if finalized, will add the even more stringent California LEV III
standards into Maine's SIP. Thus, Maine has satisfied 40 CFR 52.1035,
and therefore, EPA is proposing to remove 40 CFR 52.1035 from the CFR.
In addition, on March 11, 1997, the U.S. Court of Appeals for the
District of Columbia Circuit vacated the provisions of 40 CFR. 51.120.
See Virginia v. EPA, 108 F.3d 1397. Because of the vacatur, EPA
concludes that 40 CFR 52.1035 is, in any event, obsolete.
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 this
proposed rule by following the instructions listed in the ADDRESSES
section of this Federal Register document.
V. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference Maine's Chapter 127, ``New Motor Vehicle Emission
Standards,'' effective in the State of Maine on May 19, 2015. The EPA
has made, and will continue to make, these documents generally
available electronically through http://www.regulations.gov and/or in
hard copy at the appropriate EPA office.
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, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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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: June 5, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-13059 Filed 6-22-17; 8:45 am]
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