Approval and Promulgation of Air Quality Implementation Plans; Maryland; Low Emissions Vehicle Program Revisions, 40917-40922 [2015-17060]
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Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations
2015. This will incorporate the rule into
the federally enforceable SIP.
III. Incorporation by Reference
In this rule, the 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 the
SCAQMD rule described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
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).]
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IV. 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 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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);
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• 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).
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).
Under section 307(b)(1) of the Clean
Air Act, 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 today’s 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.
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40917
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, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: June 9, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(457)(i)(E) to read
as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(457) * * *
(i) * * *
(E) South Coast Air Quality
Management District.
(1) Rule 1130, ‘‘Graphic Arts,’’
amended on May 2, 2014.
*
*
*
*
*
[FR Doc. 2015–17061 Filed 7–13–15; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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
SUMMARY:
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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 previouslylisted 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
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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
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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 8hour 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
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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 lightduty 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.
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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 salesweighted, 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.
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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
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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
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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
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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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by revising the entry for
COMAR 26.11.34.02 to read as follows:
■
§ 52.1070
*
Identification of plan.
*
*
(c) * * *
*
*
EPA—APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of
Maryland
Administrative
Regulations (COMAR)
citation
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26.11.34 .........................
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26.11.34.02 (except
.02B(20)).
*
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Incorporation by Reference.
*
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date
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Low Emissions Vehicle Program
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Additional explanation/
citation at 40 CFR 52.1100
EPA approval date
*
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Update to incorporate by reference 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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Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations
*
*
I. Background
*
[FR Doc. 2015–17060 Filed 7–13–15; 8:45 am]
On March 18, 2015 (80 FR 14037),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. In the
ENVIRONMENTAL PROTECTION
NPR, EPA proposed approval of the
AGENCY
Pennsylvania Title V Operating Program
revision to increase the annual Title V
40 CFR Part 70
fees paid by the owners or operators of
[EPA–R03–OAR–2015–0119; FRL–9930–30– all Title V facilities throughout
Region 3]
Pennsylvania, including Allegheny and
Philadelphia Counties, from $57.50 per
Clean Air Act Title V Operating Permit
ton of regulated air pollutant to $85 per
Program Revision; Pennsylvania
ton. The formal Title V Program revision
AGENCY: Environmental Protection
was submitted by Pennsylvania on
Agency (EPA).
February 11, 2014.
Under 40 CFR 70.9(a) and (b), an
ACTION: Final rule.
approved state Title V operating permits
SUMMARY: The Environmental Protection program must require that the owners or
Agency (EPA) is approving a Title V
operators of part 70 sources pay annual
Operating Permit Program revision
fees, or the equivalent over some other
submitted by the Commonwealth of
period, that are sufficient to cover the
Pennsylvania. The revision amends the
permit program costs and ensure that
Title V fee program that funds the
any fee required under 40 CFR 70.9 is
Pennsylvania Title V Operating Permit
used solely for permit program costs.
Program. EPA is approving these
Under Pennsylvania’s Title V permit
revisions to increase Pennsylvania’s
emission fee rules at 25 PA Code
annual emission fees to $85 per ton of
127.705, the annual emission fee for
emissions for emissions from Title V
emissions occurring in calendar year
sources of up to 4,000 tons of each
2012 was $57.50 per ton of regulated
regulated pollutant in accordance with
pollutant for emissions of up to 4,000
the requirements of the Clean Air Act
tons of each regulated pollutant. The fee
(CAA).
structure has not been revised since
1994. As discussed further in our
DATES: This final rule is effective on
proposed approval of Pennsylvania’s
August 13, 2015.
Title V fee revision on March 18, 2015,
ADDRESSES: EPA has established a
Pennsylvania has determined that Title
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0119. All V annual emission fee revenues
collected are no longer sufficient to
documents in the docket are listed in
cover Title V program costs.
the www.regulations.gov Web site.
Although listed in the electronic docket, II. Summary of Title V Operating
some information is not publicly
Permit Program Revision
available, i.e., confidential business
In the February 11, 2014 program
information (CBI) or other information
revision, Pennsylvania included revised
whose disclosure is restricted by statute.
25 PA Code 127.705 which
Certain other material, such as
Pennsylvania has amended to increase
copyrighted material, is not placed on
Pennsylvania’s annual emission fees.
the Internet and will be publicly
Fees are increased to $85 per ton of
available only in hard copy form.
emissions for emissions from Title V
Publicly available docket materials are
sources of up to 4,000 tons of each
available either electronically through
regulated pollutant. The provisions for
www.regulations.gov or in hard copy for
increasing the annual emissions fees in
public inspection during normal
response to increases in the Consumer
business hours at the Air Protection
Price Index at 25 PA Code 127.705(d)
Division, U.S. Environmental Protection
remain unchanged. The revised fees are
Agency, Region III, 1650 Arch Street,
designed to cover all reasonable costs
Philadelphia, Pennsylvania 19103.
required to develop and administer the
Copies of the State submittal are
Title V program as required by 40 CFR
available at the Pennsylvania
70.9(a) and (b).
Department of Environmental
III. Final Action
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
EPA is approving the Pennsylvania
Street, Harrisburg, Pennsylvania 17105.
Title V Operating Program revision
FOR FURTHER INFORMATION CONTACT:
submitted on February 11, 2014 to
Gerallyn Duke (215) 814–2084, or by
increase the annual Title V fees paid by
email at duke.gerallyn@epa.gov.
the owners or operators of all Title V
facilities throughout Pennsylvania,
SUPPLEMENTARY INFORMATION:
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including Allegheny and Philadelphia
Counties, from $57.50 per ton of
regulated air pollutant to $85 per ton.
The revision meets requirements in 40
CFR 70.9.
IV. Statutory and Executive Order
Reviews
A. General Requirements
This action merely approves state law
as meeting Federal requirements and
imposes no 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 related to
Pennsylvania Title V fees does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the program
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.
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
[[Page 40919]]
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
[[Page 40920]]
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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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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[[Page 40922]]
* * * * *
[FR Doc. 2015-17060 Filed 7-13-15; 8:45 am]
BILLING CODE 6560-50-P
