[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Rules and Regulations]
[Pages 72564-72568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33027]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE 047-1024a, MD 089-3042a, PA 140-4092a, VA 104-5043a; FRL-6483-9]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware, Maryland, Pennsylvania, and Virginia; Approval of National
Low Emission Vehicle Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve State
Implementation Plan (SIP) revisions submitted by the Commonwealths of
Pennsylvania and Virginia, and by the States of Maryland and Delaware.
These SIP revisions formalize each of the respective State's
commitments to accept sales of motor vehicles that comply with the
requirements of the National Low Emission Vehicle (National LEV)
program. Delaware originally submitted its National LEV SIP revision to
EPA on February 25, 1999, but later revised the SIP on September 1,
1999 to supercede the prior submittal. Maryland submitted its National
LEV SIP revision to EPA on March 3, 1999, and amended the plan on March
24, 1999. Pennsylvania submitted its National LEV SIP revision to EPA
on January 8, 1999. Virginia submitted its National LEV SIP revision to
EPA on May 27, 1999.
Delaware, Maryland, Pennsylvania, and Virginia have agreed to the
sale of National LEV compliant vehicles within their borders, in lieu
of implementing a California LEV program. Under the National LEV
Program, auto manufacturers have agreed to sell cleaner vehicles
meeting the National LEV standards throughout these states for the
duration of the manufacturers' commitments to the National LEV Program.
A SIP revision from each participating state is required as part of the
agreement between states and automobile manufacturers to ensure the
continuation of the National LEV Program to supply clean cars
throughout most of the country. The sale of vehicles complying with
National LEV program standards began with 1999 model year vehicles in
Northeast states, and will extend to other states outside the Northeast
beginning with 2001 model year vehicles.
DATES: This rule is effective on February 28, 2000 without further
notice, unless EPA receives adverse comment by January 27, 2000. If we
receive such comment, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that
this rule will not take effect.
ADDRESSES: Written comments should be mailed to David L. Arnold, Chief,
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103; or at the Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 401 M Street, SW, Washington, DC 20460. Copies of state-
specific materials may be reviewed at each respective state's offices,
at: the Delaware Department of Natural Resources & Environmental
Control, 89 Kings Highway, Dover, Delaware 19903; the Maryland
Department of the Environment, 2500 Broening Highway, Baltimore,
Maryland, 21224; the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105; or at the Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia, 23219.
FOR FURTHER INFORMATION CONTACT: Brian K. Rehn, (215) 814-2176, or by
e-mail at Rehn.Brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The National Low Emission Vehicle (National LEV) program is a
voluntary, nationwide clean car program, designed to reduce ground
level ozone (or smog) and other air pollution emitted from newly
manufactured motor vehicles. On June 6, 1997 (62 FR 31192) and on
January 7, 1998 (63 FR 926), the Environmental Protection Agency (EPA)
promulgated rules outlining the framework for the National LEV program.
These National LEV regulations allow auto manufacturers to commit to
meet tailpipe standards for cars and light-duty trucks that are more
stringent than EPA could otherwise mandate under the authority of the
Clean Air Act. The regulations provided that the program would come
into effect only if Northeast states and auto manufacturers agreed to
participate. On March 9, 1998 (63 FR 11374), EPA published a finding
that the program was in effect. Nine northeastern states (Connecticut,
Delaware, Maryland, New Hampshire, New Jersey, Pennsylvania, Rhode
Island, Virginia, and the District of Columbia) and 23 auto
manufacturers (BMW, Chrysler, Fiat, Ford, General Motors, Honda,
Hyundai, Isuzu, Jaguar, Kia, Land Rover, Mazda, Mercedes-Benz,
Mitsubishi, Nissan, Porsche, Rolls-Royce, Saab, Subaru, Suzuki, Toyota,
Volkswagon, and Volvo) had opted to participate in the National LEV
program. Once in effect, the National LEV Program became enforceable in
the same manner as any other Federal new motor vehicle emission control
program. The National LEV Program will achieve significant air
pollution reductions nationwide. In addition, the program provides
substantial harmonization of Federal and California new motor vehicle
standards and test procedures, which enables manufacturers to move
towards the design and testing of vehicles to satisfy one set of
nationwide standards. The National LEV Program demonstrates how
cooperative partnership efforts can produce a smarter, cheaper
emissions control program, which reduces regulatory burden while
increasing protection of the environment and public health.
The National LEV Program will result in substantial reductions in
non-methane organic gases (NMOG) and nitrous oxides (NOx), which
contribute to unhealthy levels of smog in many areas across the
country. National LEV vehicles are 70% cleaner than today's model
requirements under the Clean Air Act. This voluntary program provides
auto manufacturers flexibility in meeting the associated standards as
well as the opportunity to harmonize their production lines and make
vehicles more efficiently. National LEV vehicles were estimated to cost
an additional $76 above the price of vehicles otherwise required today,
but the actual per vehicle cost is now expected to be even lower, due
to factors such as economies of scale and historical trends related to
emission control costs. This predicted incremental cost is less than
0.5% of the price of an average new car. In addition, the National LEV
Program will help ozone nonattainment areas across the country improve
their air quality, as well as reduce pressure to make further, more
costly emission reductions from stationary industrial sources.
Because it is a voluntary program, National LEV was set up to take
effect, and will remain in effect, only if the
[[Page 72565]]
participating auto manufacturers and Northeastern States commit to the
program and abide by their commitments. The states and manufacturers
initially committed to the program through opt-in notifications to EPA,
which were sufficient for EPA to find that National LEV had come into
effect. The National LEV regulations provide that the second stage of
the state commitments are to be made through SIP revisions that
incorporate those state commitments to National LEV into state
regulations. EPA will then take rulemaking action to approve each
state's regulation into its respective federally-enforceable SIP. The
National LEV regulations laid out the elements to be incorporated in
the SIP revisions, the timing for such revisions, and the language (or
substantively similar language) that needs to be included in a SIP
revision to allow EPA to approve that revision as adequately committing
the state to the National LEV Program. In today's action, EPA is
approving the National LEV SIP revisions for Delaware, Maryland,
Pennsylvania and Virginia as adequately committing those states to the
program. In the near future, EPA expects to take similar actions for
the remaining Northeast states that have elected to join the National
LEV Program.
II. EPA's Evaluation of the States' Submittals
At present, Delaware, Maryland, and Virginia have not exercised
their option, pursuant to section 177 of the Clean Air Act, to adopt
state standards to regulate new motor vehicles identical to
California's LEV program. Pennsylvania has adopted California's LEV
program concurrently with its National LEV Program regulation. Adopted
by the Commonwealth under section 177 of the Clean Air Act and entitled
the ``Pennsylvania's Clean Vehicle program'', this program serves as a
``backstop'' measure to the National LEV Program. Pennsylvania's Clean
Vehicle program would take effect in the event that the National LEV
program terminates due to opt-out by auto manufacturers or
participating states, or at the conclusion of the NLEV program.
Delaware, Maryland, Pennsylvania, and Virginia have each adopted
National LEV regulations that provide that for the duration of each
respective State's participation in the National LEV program,
manufacturers may comply with National LEV or equally stringent
mandatory Federal standards in lieu of compliance with any state-
adopted California LEV program pursuant to section 177 of the Clean Air
Act. Delaware, Maryland, Pennsylvania, and Virginia have each adopted
regulations that accept National LEV as a compliance alternative for
requirements applicable to passenger cars, light-duty trucks, and
medium-duty trucks designed to operate on gasoline. Each state's
regulation provides for participation in National LEV extends until
model year 2006. However, if by December 15, 2000, EPA does not adopt
mandatory national standards at least as stringent as the National LEV
standards that apply to new motor vehicles beginning in model year
2004, 2005 or 2006, the states' participation in the National LEV
Program would extend only until model year 2004. Through their
regulations, which were submitted to EPA as SIP revisions, Delaware,
Maryland, Pennsylvania, and Virginia have adequately committed to the
National LEV Program, as provided in the final National LEV rule.
EPA's final National LEV rule stated that if states submit SIP
revisions containing regulatory language substantively identical to the
language in EPA's regulation without additional conditions, and if such
submissions otherwise meet the Clean Air Act requirements for
approvable SIP submissions, EPA would not need to conduct notice-and-
comment rulemaking to approve those SIP revisions. In its National LEV
rulemaking, EPA provided full opportunity for public comment on the
language to be contained in each state's subsequent SIP revision. Thus,
as discussed in more detail in the EPA National LEV final rule, the
requirements for EPA approval are easily verified objective criteria
(see 63 FR 936, January 7, 1998). While we could appropriately approve
the submissions from Delaware, Maryland, Pennsylvania, and Virginia
without providing for additional notice and requesting comments, we
have nonetheless decided to take this action in the form of a direct
final rulemaking, which allows an opportunity for further public
comment. In this instance, EPA is not under a timing constraint that
would support a shorter rulemaking process, and thus we have decided
there was no need to deviate from the Agency's usual procedures for SIP
approvals.
III. Final Action
EPA has evaluated the SIP revisions submitted by Delaware,
Maryland, Pennsylvania, and Virginia, the Agency has determined that
these SIP revisions are consistent with the EPA National LEV
regulations and satisfy the general SIP approval requirements of
section 110 of the Clean Air Act. Therefore, EPA is approving the
Delaware low emission vehicle rule submitted on September 1, 1999 into
the Delaware SIP. EPA is approving the Maryland low emission vehicle
rule submitted on March 3, 1999 (as amended on March 24, 1999) into the
Maryland SIP. EPA is approving the Pennsylvania's National LEV rule
that was submitted to EPA on January 8, 1999 into the Pennsylvania SIP.
Finally, EPA is approving Virginia's low emission vehicle rule
submitted to EPA on May 27, 1999 into the Virginia SIP.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of this
Federal Register publication, 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 February 28, 2000
without further notice, unless the Agency receives adverse comment by
January 27, 2000.
If EPA receives adverse comment, we 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 received 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.
Nothing in this action should be construed as permitting or
establishing a precedent for any future request for revision to any
State implementation plan. Each request for revision to the State
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under Executive Order 12866, entitled
``Regulatory Planning and Review.''
B. Executive Order 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have
[[Page 72566]]
federalism implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation. This final rule will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. Thus, the requirements of section 6
of the Executive Order do not apply to this rule.
C . Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that the EPA determines (1) is
``economically significant,'' as defined under Executive Order 12866,
and; (2) the environmental health or safety risk addressed by the rule
has a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. This final
rule is not subject to Executive Order 13045 because it does not
involve decisions intended to mitigate environmental health and safety
risks.
D. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly affects or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments. If the mandate is
unfunded, EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.'' Today's rule does not
significantly or uniquely affect the communities of Indian tribal
governments. This action does not involve or impose any requirements
that affect Indian Tribes. Accordingly, the requirements of section
3(b) of Executive Order 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice-and-comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of a flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule. EPA has determined that
the approval action promulgated does not include a Federal mandate that
may result in estimated annual costs of $100 million or more to either
State, local, or tribal governments in the aggregate, or to the private
sector. This Federal action approves pre-existing requirements under
State or local law, and imposes no new requirements. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action.
G. 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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
H. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so
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would be inconsistent with applicable law or otherwise impractical. The
EPA believes that VCS are inapplicable to this action. Today's action
does not require the public to perform activities conducive to the use
of VCS.
I. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this approval action for four states' National Low
Emission Programs must be filed in the United States Court of Appeals
for the appropriate circuit by February 28, 2000. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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.
This action 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,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: November 18, 1999.
Alvin R. Morris,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
2. In Sec. 52.420, the entry for Regulation 40, Delaware's National
Low Emission Program, in the table in paragraph (c) is added in
numerical order to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved Regulations in the Delaware SIP
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State effective
State citation Title subject date EPA approval date Comments
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* * * * * *
*
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Regulation No. 40--National Low Emission Vehicle Program
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Section 1...................... Applicability.... October 11, 1999. December 28, 1999 Issued on September 1,
1999, by Secretary's
Order No. 99-A-0046.
Section 2...................... Definitions...... October 11, 1999. December 28, 1999 Issued on September 1,
1999, by Secretary's
Order No. 99-A-0046.
Section 3...................... Program October 11, 1999. December 28, 1999 Issued on September 1,
Participation. 1999, by Secretary's
Order No. 99-A-0046.
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Subpart V--Maryland
3. Section 52.1070 is amended by adding paragraph (c)(146) to read
as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(146) Revisions to the Maryland Regulations, through the addition
of COMAR 26.11.20.04, adopting the National Low Emission Vehicle
Program. This revision was submitted on March 3, 1999 by the Maryland
Department of the Environment, and was amended on March 24, 1999:
(i) Incorporation by reference.
(A) Letter of March 3, 1999 from the Maryland Department of the
Environment transmitting a revision to the Maryland State
Implementation Plan for a National Low Emission Vehicle program.
(B) Letter of March 24, 1999 from the Maryland Department of the
Environment revising Maryland's State Implementation Plan for a
National Low Emission Vehicle program.
(C) Maryland regulation COMAR 26.11.20.04, entitled ``National Low
Emission Vehicle Program'', effective March 22, 1999.
(ii) Additional Material.--Remainder of March 3, 1999 and March 24,
1999 submittals pertaining to COMAR 26.11.20.04.
Subpart NN--Pennsylvania
4. Section 52.2020 is amended by adding paragraph (c)(141) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(141) Revisions to the Pennsylvania Regulations for a Clean
Vehicles Program regulation submitted on January 8, 1999 by the
Pennsylvania Department of Environmental Protection:
(i) Incorporation by reference.
(A) Letter of January 8, 1999 from the Department of Environmental
Protection transmitting the National Low Emission Vehicles Program, and
a Pennsylvania Clean Vehicles Program as a ``backstop'' to the National
Low Emissions Vehicle Program.
(B) Amendments to Chapter 121 of Title 21 of the Pennsylvania Code,
effective on December 5, 1998, to include definitions for the following
terms: CARB, CARB Executive Order, California Code of Regulations,
Dealer, Debit, Emergency Vehicle, Fleet Average, GVWR, LDT, LDV, Model
Year, Motor Vehicle, Motor Vehicle Manufacturer, NLEV, NLEV Program,
NMOG, New Motor Vehicle / New Light-Duty Vehicle, Offset Vehicle,
Passenger Car, Ultimate Purchaser, Zero-Emission Vehicle
(C) Amendments to Chapter 126 of Title 21 of the Pennsylvania Code,
effective December 5, 1998, to add new sections: 126.401, 126.402,
126.411, 126.412, 126.413, 126.421, 126.422, 126.423, 126.424, 126.425,
126.431, 126.432, and 126.441.
(ii) Additional Material.--Remainder of January 8, 1999 submittal
pertaining to the National Low Emissions Vehicle Program and the
Pennsylvania Clean Vehicles Program.
Subpart VV--Virginia
5. Section 52.2420 is amended by adding paragraph (c)(135) to read
as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
(135) Revisions to the Virginia Regulations for the adoption of the
National Low Emission Vehicle Program
[[Page 72568]]
submitted on May 27, 1999 by the Department of Environmental Quality:
(i) Incorporation by reference.
(A) Letter of May 27, 1999 from the Department of Environmental
Quality transmitting Virginia's plan for adoption of a National Low
Emission Vehicle Program.
(B) Regulation for a National Low Emission Program, codified at 9
VAC 5-200 of the Virginia Code, effective on April 14, 1999, to add: 9
VAC 5-200-10, Paragraphs A, B, and C; and 9 VAC 5-200-20; and 9 VAC 5-
200-30.
(ii) Additional Material.--Remainder of May 27, 1999 submittal
pertaining to the National Low Emissions Vehicle Program.
[FR Doc. 99-33027 Filed 12-27-99; 8:45 am]
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