Request for Comment on Reconsideration of the Final Determination of the Mid-Term Evaluation of Greenhouse Gas Emissions Standards for Model Year 2022-2025 Light-Duty Vehicles; Request for Comment on Model Year 2021 Greenhouse Gas Emissions Standards |
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Elaine L. Chao
National Highway Traffic Safety Administration
E. Scott Pruitt
Environmental Protection Agency
21 August 2017
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Proposed Rules]
[Pages 39551-39553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17419]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 523, 531, 533, 536 and 537
[NHTSA-2016-0068]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 86
[EPA-HQ-OAR-2015-0827; FRL-9966-62-OAR]
Request for Comment on Reconsideration of the Final Determination
of the Mid-Term Evaluation of Greenhouse Gas Emissions Standards for
Model Year 2022-2025 Light-Duty Vehicles; Request for Comment on Model
Year 2021 Greenhouse Gas Emissions Standards
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT), Environmental Protection Agency
(EPA).
ACTION: Request for comment.
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SUMMARY: In a March 22, 2017, Federal Register document, the
Environmental Protection Agency (EPA) announced its intention to
reconsider the Final Determination of the Mid-term Evaluation of
greenhouse gas emissions standards for model year 2022-2025 light-duty
vehicles and to coordinate its reconsideration with the parallel
rulemaking process to be undertaken by the Department of
Transportation's National Highway Traffic Safety Administration (NHTSA)
regarding Corporate Average Fuel Economy (CAFE) standards for cars and
light trucks for the same model years. In this document, EPA is
announcing that it is reconsidering whether the light-duty vehicle
greenhouse gas standards previously established for model years 2022-
2025 are appropriate under section 202(a) of the Clean Air Act and
invites stakeholders to submit any comments, data, and information they
believe are relevant to the Administrator's reconsideration of the
January 2017 Mid-term Evaluation Final Determination and in particular,
highlight any new information. As part of a 2012 joint final rulemaking
by the EPA and NHTSA, the Mid-term Evaluation process was codified in
EPA regulation for greenhouse gas emission standards for model years
2017-2025 light-duty vehicles, which requires EPA to determine no later
than April 1, 2018,
[[Page 39552]]
whether the standards for model years 2022-2025 are appropriate.\1\ In
accord with this schedule, as noted in the March 22, 2017, document and
this document, EPA intends to make a Final Determination regarding the
appropriateness of the model year 2022-2025 standards no later than
April 1, 2018. In this document, EPA is also requesting comment on the
separate question of whether the light-duty vehicle greenhouse gas
standards established for model year 2021 remain appropriate,
regardless of the agency's decision on the MTE.
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\1\ 40 CFR 86.1818-12(h); see also 77 FR 62624 (October 15,
2012).
DATES: Comments must be received on or before October 5, 2017. EPA will
announce the public hearing date and location for this document in a
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supplemental Federal Register publication.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0827 to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions. Once submitted,
your submittal cannot be edited or withdrawn. The EPA may publish any
submittals received to its public docket. Do not submit electronically
to the docket 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 submittal. 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). Contact the EPA contact person
listed below if you would like to provide CBI to the agency for
consideration. For additional submission methods, 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: Christopher Lieske, Office of
Transportation and Air Quality (OTAQ), Assessment and Standards
Division (ASD), Environmental Protection Agency, 2000 Traverwood Drive,
Ann Arbor MI 48105; telephone number: (734) 214-4584; email address:
lieske.christopher@epa.gov; fax number: 734-214-4816; and Rebecca
Schade, Office of the Chief Counsel, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone: (202) 366-2992.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Materials related to the Mid-term Evaluation are available in the
public docket noted above and at https://www.epa.gov/regulations-emissions-vehicles-and-engines/midterm-evaluation-light-duty-vehicle-ghg-emissions.
A. How do I prepare and submit information?
Direct your submittals to Docket ID No EPA-HQ-OAR-2015-0827. EPA's
policy is that all submittals 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 submittal includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute.
Do not submit information to the docket that you consider to be CBI
or otherwise protected through www.regulations.gov. 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 submittal. If you submit an electronic
submittal, EPA recommends that you include your name and other contact
information in the body of your submittal and with any disk or CD-ROM
you submit. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
EPA will also hold a public hearing on this notice. We will
announce the public hearing date and location in a supplemental Federal
Register notice.
B. Submitting CBI
Do not submit this information to EPA through www.regulations.gov
or email. Clearly mark the part or all of the information that you
claim to be CBI. For CBI information in a disk or CD ROM that you mail
to EPA, mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
C. Tips for Preparing Your Comments
When submitting comments, remember to:
Identify the action by docket number and other identifying
information (subject heading, Federal Register date and page number).
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified in the DATES section above.
II. Additional Information
In a March 22, 2017, Federal Register document, the Environmental
Protection Agency announced its intention to reconsider the Final
Determination of the Mid-term Evaluation of greenhouse gas emissions
standards for model year 2022-2025 light-duty vehicles and to
coordinate its reconsideration with the parallel rulemaking process to
be undertaken by the Department of Transportation's National Highway
Traffic Safety Administration (NHTSA) regarding Corporate Average Fuel
Economy (CAFE) standards for cars and light trucks for the same model
years.\2\ In this document, EPA is announcing that it is reconsidering
whether the light-duty vehicle greenhouse gas standards previously
established for model years 2022-2025 are appropriate under section
202(a) of the Clean Air Act and invites stakeholders to submit any
comments, data, and information they believe are relevant to the
Administrator's reconsideration of the Final Determination and in
particular, highlight any new information. As part of a 2012 joint
final rulemaking by the EPA and NHTSA, the Mid-term
[[Page 39553]]
Evaluation process was codified in EPA regulation for greenhouse gas
emission standards for model years 2017-2025 light-duty vehicles, which
requires EPA to determine no later than April 1, 2018, whether the
standards for model years 2022-2025 are appropriate.\3\ In November
2016, EPA issued a proposed determination for the Mid-Term
Evaluation.\4\ On January 12, 2017, the EPA Administrator signed the
Final Determination of the Mid-Term Evaluation.
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\2\ 82 FR 14671.
\3\ 77 FR 62624 (October 15, 2012). NHTSA is statutorily
required to conduct a de novo rulemaking on MY 2022 to 2025
standards for light-duty vehicles. NHTSA has recently taken the
first step in this process by publishing the ``Notice of Intent To
Prepare an Environmental Impact Statement for Model Year 2022-2025
Corporate Average Fuel Economy Standards'' on July 26, 2017.
\4\ 81 FR 87927 (Dec. 6, 2016).
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Some stakeholders previously commented that they were preparing
studies to inform the Mid-term Evaluation that were not ready for
submission during the previous Mid-term Evaluation comment periods.
This additional comment period provides an opportunity for commenters
to submit to EPA additional studies and other materials as well as to
complete the preparation of their comments, or submit additional
comments in light of newly available information. There is an existing
body of EPA analyses and public comments already in the docket. Please
note that the agency is primarily interested in comments relevant to
the reconsideration of the Final Determination, rather than the
Technical Assessment Report (TAR), which is not being reopened for
comment in this document. Additionally, NHTSA has been working closely
with stakeholders to develop its forthcoming rulemaking since the March
2017 joint document with EPA, and encourages commenters wishing to
inform those efforts to directly participate in NHTSA's rulemaking
process.
EPA's reconsideration will be conducted in accordance with the
regulations EPA established for the Mid-term Evaluation at 40 CFR
86.1818-12(h). These regulations state that in making the required
determination as to whether the existing standards are appropriate
under section 202(a) of the Clean Air Act, the Administrator shall
consider the information available on the factors relevant to setting
greenhouse gas emission standards under section 202(a) of the Clean Air
Act for model years 2022 through 2025, including but not limited to:
The availability and effectiveness of technology, and the
appropriate lead time for introduction of technology;
The cost on the producers or purchasers of new motor
vehicles or new motor vehicle engines;
The feasibility and practicability of the standards;
The impact of the standards on reduction of emissions, oil
conservation, energy security, and fuel savings by consumers;
The impact of the standards on the automobile industry;
The impacts of the standards on automobile safety;
The impact of the greenhouse gas emission standards on the
Corporate Average Fuel Economy standards and a national harmonized
program; and
The impact of the standards on other relevant factors.\5\
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\5\ 40 CFR 86.1818-12(h)(1).
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Pursuant to 40 CFR 86.1818-12(h)(1)(viii), EPA also invites
comments on the following other factors relevant to setting greenhouse
gas emission standards under section 202(a) of the Clean Air Act for
model years 2022 through 2025:
The impact of the standards on compliance with other air
quality standards;
The extent to which consumers value fuel savings from
greater efficiency of vehicles;
The ability for OEMs to incorporate fuel saving
technologies, including those with ``negative costs,'' absent the
standards;
The distributional consequences on households;
The appropriate reference fleet;
The impact of the standards on advanced fuels technology,
including but not limited to the potential for high-octane blends;
The availability of realistic technological concepts for
improving efficiency in automobiles that consumers demand, as well as
any indirect impacts on emissions;
The advantages or deficiencies in EPA's past approaches to
forecasting and projecting automobile technologies, including but not
limited to baseline projections for compliance costs, technology
penetration rates, technology performance, etc.;
The impact of the standards on consumer behavior,
including but not limited to consumer purchasing behavior and consumer
automobile usage behavior (e.g. impacts on rebound, fleet turnover,
consumer welfare effects, etc.); and
Any relevant information in light of newly available
information.
In addition, EPA seeks comment on the use of alternative
methodologies and modeling systems to assess both analytical inputs and
the standards, including but not limited to the Department of Energy's
(DOE's) Argonne National Laboratory's Autonomie full vehicle simulation
tool and DOT's CAFE Compliance and Effects Model.
In accord with the schedule set forth in its regulations, the EPA
intends to make a Final Determination regarding the appropriateness of
the model year 2022-2025 greenhouse gas standards, and potentially the
model year 2021 greenhouse gas standard, no later than April 1, 2018.
In this document, in the interest of harmonization between the GHG
and CAFE programs, EPA is also requesting comment on the separate
question of whether the light-duty vehicle greenhouse gas standards
established for model year 2021 are appropriate. In its July 26, 2017,
``Notice of Intent To Prepare an Environmental Impact Statement for
Model Year 2022-2025 Corporate Average Fuel Economy Standards,'' NHTSA
stated that as part of its upcoming CAFE rulemaking, it may evaluate
the model year 2021 standards it finalized in 2012 to ensure they
remain ``maximum feasible'' (See 82 FR 34742). Please provide comment
on the continued appropriateness of the model year 2021 GHG standards
based on the application of the factors described above or any other
factors that commenters believe are appropriate.
Dated: August 10, 2017.
Elaine L. Chao,
Secretary, Department of Transportation.
Dated: August 10, 2017.
E. Scott Pruitt,
Administrator, Environmental Protection Agency.
[FR Doc. 2017-17419 Filed 8-18-17; 8:45 am]
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