[Federal Register Volume 63, Number 45 (Monday, March 9, 1998)]
[Rules and Regulations]
[Pages 11374-11375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5981]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 86
[AMS-FRL-5975-2]
RIN 2060-AF75
Control of Air Pollution From New Motor Vehicles and New Motor
Vehicle Engines: Finding of National Low Emission Vehicle Program in
Effect
AGENCY: Environmental Protection Agency (EPA).
ACTION: Finding of National Low Emission Vehicle (LEV) Program in
effect.
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SUMMARY: Today EPA is finding the National LEV program in effect. Nine
northeastern states and 23 manufacturers have opted into this voluntary
clean car program and the opt-ins have met the criteria set forth by
EPA in its National LEV regulations. This means light-duty vehicles and
light light-duty trucks cleaner than those available today will be
produced and sold starting later this year. The National LEV program
demonstrates how cooperative, partnership efforts can produce a
smarter, cheaper program that reduces regulatory burden while
increasing protection of the environment and public health.
DATES: This finding is effective March 2, 1998.
ADDRESSES: Materials relevant to this finding have been placed in
Public Docket No. A-95-26. The docket is located at the Air Docket
Section, U.S. Environmental Protection Agency, 401 M Street SW,
Washington, DC 20460 (Telephone 202-260-7548; Fax 202-260-4400) in Room
M-1500, Waterside Mall, and may be inspected weekdays between 8:00 a.m.
and 5:30 p.m. A reasonable fee may be charged by EPA for copying docket
materials. For further information on electronic availability of this
final rule, see the SUPPLEMENTARY INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: Karl Simon, Office of Mobile Sources,
U.S. Environmental Protection Agency, 401 M Street SW, Washington, DC
20460. Telephone (202) 260-3623; Fax (202) 260-6011; e-mail
simon.karl@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
Obtaining Electronic Copies of the Regulatory Documents
This finding, along with rulemaking documents and other documents
related to this finding are available electronically from the EPA
Internet Web site. This service is free of charge, except for any cost
you already incur for internet connectivity. An electronic version of
this finding is made available on the day of publication on the primary
Web site listed below. The EPA Office of Mobile Sources also publishes
Federal Register notices and related documents on the secondary Web
site listed below.
1. http://www.epa.gov/docs/fedrgstr/EPA-AIR/ (either select desired
date or use Search feature)
2. http://www.epa.gov/OMSWWW/lev-nlev.htm
Please note that due to differences between the software used to
develop the document and the software into which the document may be
downloaded, changes in format, page length, etc. may occur.
In Effect Finding
Today EPA is taking the final step necessary for the National Low
Emission Vehicle program to come into effect. The National LEV program
is a voluntary clean car program which will reduce smog and other
pollution from new motor vehicles. On December 16, 1997, EPA finalized
the regulations for the National Low Emission Vehicle (National LEV)
program. 63 FR 926 (January 7, 1998). Because it is a voluntary
program, it could only come into effect if agreed upon by the
northeastern states and the auto manufacturers. EPA has now received
notifications from all the auto manufacturers and the relevant states
lawfully opting into the program. As a result, starting in the
northeastern states in model year 1999 and nationally in model year
2001, new cars and light
[[Page 11375]]
light-duty trucks will meet tailpipe standards that are more stringent
than EPA can mandate prior to model year 2004. Now that the program is
agreed upon, these standards will be enforceable in the same manner as
any other federal new motor vehicle program.
National LEV will reduce air pollution nationwide, harmonize
federal and California motor vehicle standards to reduce manufacturers'
design and testing costs, avoid a patchwork of state regulatory
requirements, and achieve emission reductions in the northeast
equivalent to or better than would be achieved if each northeastern
state adopted the California Low Emission Vehicle program. Although it
originated as a way to help the northeastern states address their smog
problems, National LEV will have public health and environmental
benefits nationwide. Across the country, National LEV will reduce
ground level ozone, the principle harmful component in smog, as well as
emissions of other pollutants, including particulate matter, benzene
and formaldehyde. This will assist states in achieving cleaner air
while the economy grows.
This program is the result of a remarkable effort by EPA, the
northeastern states, the auto industry and other interested parties.
EPA applauds the effort, time and energy that all parties have invested
in the National LEV program. As a result of this cooperative,
partnership approach, we now have a smarter, cheaper, cleaner program
that reduces regulatory burden while increasing protection of the
environment and public health.
In the December Final Rule, EPA promulgated the criteria for the
Agency to find the National LEV program in effect. 40 CFR 86.1706-99(b)
provides that EPA shall find the National LEV program in effect if each
of the manufacturers listed in the rule submits an opt-in notification
that complies with the requirements for opt-ins, each opt-in submitted
by an Ozone Transport Commission (OTC) State complies with the
requirements for opt-ins, any conditions placed on any of the opt-ins
are satisfied, and no valid opt-out has become effective pursuant to 40
CFR 86.1707-99. As set forth below, these criteria have been met.
The following northeastern states have agreed to the National LEV
program and have lawfully opted in pursuant to 40 CFR 86.1705-99(e):
Connecticut
Delaware
District of Columbia
Maryland
New Hampshire
New Jersey
Pennsylvania
Rhode Island
Virginia
Several of these states conditioned their opt-ins on all auto
manufacturers opting into the program and/or on EPA finding that
National LEV was in effect pursuant to 40 CFR 86.1706-99. All of the
conditions these states placed on their opt-ins are now met.
All auto manufacturers have agreed to the National LEV program and
have lawfully opted in pursuant to 40 CFR 86.1705-99(c). These auto
manufacturers are listed below and at 40 CFR 86.1706-99(c):
American Honda Motor Company, Inc.
American Suzuki Motor Corporation
BMW of North America, Inc.
Chrysler Corporation
Fiat Auto U.S.A., Inc.
Ford Motor Company
General Motors Corporation
Hyundai Motor America
Isuzu Motors America, Inc.
Jaguar Motors Ltd.
Kia Motors America, Inc.
Land Rover North America, Inc.
Mazda (North America) Inc.
Mercedes-Benz of North America
Mitsubishi Motor Sales of America, Inc.
Nissan North America, Inc.
Porsche Cars of North America, Inc.
Rolls-Royce Motor Cars Inc.
Saab Cars USA, Inc.
Subaru of America, Inc.
Toyota Motor Sales, U.S.A., Inc.
Volkswagen of America, Inc.
Volvo North America Corporation
Several of these manufacturers conditioned their opt-ins on the nine
northeastern states listed above opting into the program, on all auto
manufacturers opting into the program, and/or on EPA finding the
program in effect or finding it in effect no later than March 2, 1998.
All of the conditions the auto manufacturers placed on their opt-ins
are now met.
No state or manufacturer has withdrawn its opt-in, nor has any
submitted an opt-out notification.
Thus, pursuant to 40 CFR 86.1706-99(b), EPA finds that the National
LEV program is in effect. This finding is a nationally applicable final
action.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, does not
apply because this action is not a rule, as that term is defined in
5 U.S.C. 804(3).
Dated: March 2, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-5981 Filed 3-6-98; 8:45 am]
BILLING CODE 6560-50-P
