[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Proposed Rules]
[Pages 68381-68385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28653]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0605; FRL-9487-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Pennsylvania Clean Vehicles Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania. This SIP
revision contains Pennsylvania's Clean Vehicle Program, which adopts
California's second generation low emission vehicle program for light-
duty vehicles (LEV II). The Clean Air Act (CAA) contains specific
authority allowing any state to adopt new motor vehicle emissions
standards that are identical to California's standards in lieu of
applicable Federal standards. Pennsylvania has adopted a Clean Vehicle
Program that incorporates by reference provisions of California's LEV
II rules and specifies a transition mechanism for compliance with these
clean vehicle standards in Pennsylvania. The intended effect of this
action is to approve, consistent with the CAA, a control strategy that
will help Pennsylvania to achieve and maintain attainment of the
National Ambient Air Quality Standard (NAAQS) for ozone.
DATES: Written comments must be received on or before December 5, 2011.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0605 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: [email protected].
C. Mail: EPA-R03-OAR-2011-0605, 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-
2011-0605. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://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 http://www.regulations.gov or email. The http://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 http://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
http://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.
[[Page 68382]]
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 http://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 Pennsylvania
Department of Environmental Protection, Bureau of Air Quality Control,
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. On May 31, 2007, the
Commonwealth of Pennsylvania submitted a revision to its SIP for the
Pennsylvania Clean Vehicles Program.
Table of Contents
I. Description of Pennsylvania's Clean Vehicle Program SIP Revision
A. Pennsylvania and the Ozone NAAQS
B. Background on Pennsylvania's Clean Vehicle Program
1. Pennsylvania's 1998 Clean Vehicle Program Rule and National
Low Emission Vehicle (NLEV) Opt-In SIP Revision
2. Pennsylvania's 2007 Clean Vehicle Program SIP Revision
C. What are the relevant EPA and CAA requirements?
D. What is the California LEV II program and how does it relate
to Pennsylvania's Clean Vehicle Program?
1. California's Low Emission Vehicle Program
2. California and Federal Greenhouse Gas Standards
E. What is the history and current content of the Pennsylvania
Clean Vehicle Program?
II. Proposed EPA Action
III. Statutory and Executive Order Reviews
I. Description of Pennsylvania's Clean Vehicle Program SIP Revision
A. Pennsylvania and the Ozone NAAQS
Under the Clean Air Act (CAA) Amendments of 1990, Pennsylvania had
thirty-three counties designated nonattainment under the former 1-hour
ozone NAAQS. These thirty-three counties were divided into twenty-four
separate nonattainment areas, with ozone attainment deadlines varying
by area. There were twelve additional Pennsylvania counties that were
designated nonattainment, but that had incomplete monitoring data to
classify them under the former 1-hour ozone standard. Of the twenty-
four 1-hour ozone NAAQS nonattainment areas (with classifications
ranging from marginal to severe-15), two were redesignated to
attainment prior to the revocation of the 1-hour ozone standard on June
15, 2005, per 40 CFR 50.9(b).
On June 15, 2004, thirty-seven counties in Pennsylvania were
designated nonattainment with respect to the 1997 8-hour ozone NAAQS,
and classified as part of seventeen separate nonattainment areas. Of
these, all but two of these areas have been redesignated to attainment
and are currently maintenance areas. The exceptions are the Pittsburgh
and the multi-state Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
nonattainment areas, which continue to be nonattainment.
B. Background on Pennsylvania's Clean Vehicle Program
1. Pennsylvania's 1998 Clean Vehicle Program Rule and NLEV Opt-In SIP
Revision
The Commonwealth adopted emissions control measures to address the
ozone NAAQS, one of which was the NLEV program. The NLEV program was a
voluntary framework agreement between EPA, vehicle manufacturers, and
the states. In 1998, EPA adopted an NLEV rule to formalize this
agreement whereby vehicle manufacturers would comply with a 49-state
standard that was more stringent than the federal motor vehicle
standards that were in effect at that time (referred to as the Tier 1
standards). NLEV took effect only after all auto manufacturers and a
sufficient number of states opted to participate, upon which time EPA
issued a finding that the NLEV program was in effect on March 2, 1998
(63 FR 11374).
Pennsylvania, and eight other Northeast Ozone Transport Commission
(OTC) states that opted to participate in the NLEV program,
subsequently formalized their participation in the NLEV program by
submitting NLEV program ``opt-in'' SIPs to EPA.
Pennsylvania adopted the NLEV program as part of its Clean Vehicle
Program rule on December 5, 1998 (28 Pa.B. 5873). Under Pennsylvania's
December 1998 Clean Vehicle Program rule, the Commonwealth adopted
California's Low Emission Vehicle Program (California LEV) under the
authority of section 177 of the CAA. This CAA provision allows states
to adopt vehicle emissions standards identical to California's,
provided EPA has granted California a waiver for those standards and
that the state adopting California's standards provides at least two
years lead time before the model year the standards take effect.
Pennsylvania's Clean Vehicle Program rule incorporated by reference
California's first generation Low Emission Vehicle (LEV) program, but
allowed NLEV to serve as a compliance alternative to the California LEV
program.
Pennsylvania's December 1998 Clean Vehicle Program rule
incorporated by reference California's first generation LEV standards
(adopted by California in 1991, and also known as LEV I standards) for
passenger cars and light trucks, but did not incorporate by reference
California's Zero Emission Vehicle (ZEV) provisions or emissions
control warranty systems statement provisions.
Pennsylvania submitted its Clean Vehicle Program (adopted in 1998)
as an NLEV opt-in SIP submitted to EPA on January 8, 1999. EPA had
granted a Federal preemption waiver to California for its LEV I
standards on January 13, 1993 (58 FR 4166). EPA issued a direct final
rule to approve that Pennsylvania Clean Vehicle Program SIP revision on
December 28, 1999 (64 FR 72564).
The NLEV program, under the framework established in EPA's NLEV
final rule, extended until model year 2006, unless EPA issued more
stringent federal standards under the CAA. Since EPA issued more
stringent Tier 2 Federal vehicle emission standards on February 10,
2000 (65 FR 6698), which were in effect beginning with the 2004 model
year. Per the NLEV framework, Federal Tier 2 standards superseded NLEV
standards in model year 2004--for those states that had not opted into
the California LEV program under the authority of section 177 of the
CAA. California also revised its LEV Program rules in 1996, with a
second generation program referred to as LEV II, effective on model
year 2004 and newer California cars. EPA granted a Federal preemption
waiver for California's LEV II program on April 22, 2003 (68 FR 19811).
2. Pennsylvania's 2007 Clean Vehicle Program SIP Revision
Pennsylvania adopted its revised Clean Vehicles Program rule and
published it as a final rule in December 9, 2006 edition of the
Pennsylvania Bulletin (36 Pa.B. 7424).
On May 31, 2007, Pennsylvania submitted a SIP revision to EPA
seeking Federal approval of its revised Clean Vehicle Program.
Pennsylvania's revised Clean Vehicle Program rule was meant to
formalize the cessation of the NLEV program, to delay
[[Page 68383]]
the start date for the Pennsylvania Clean Vehicle Program from model
year 2006 to model year 2008, to make changes to the Clean Vehicle
Program to reflect post-1998 changes made by California to their
program (since Pennsylvania first adopted California's LEV program by
reference), and to specify a 3-year early credit earning period within
which vehicle manufacturers could comply with the program's fleet
average non-methane organic gases (NMOG) requirements.
Specifically, Pennsylvania's revised Clean Vehicle Program final
rule made the following changes:
(a) Amended section 126.412(a) to postpone the date by which
subject Pennsylvania vehicles must comply with the California Air
Resources Board (CARB) certification to model year 2008);
(b) Amended section 126.412(b) to change the first model year for
which compliance by manufacturers with the NMOG fleetwide average is
required to model year 2008;
(c) Removed reference in section 126.412(d) to continue the
exclusion of the California ZEV program from the prior Pennsylvania
Clean Vehicles Program, since CARB moved those ZEV provisions from the
section of California's rule previously referenced therein;
(d) Deleted provisions in chapter 126 related to the cessation of
the NLEV program;
(e) Added and removed several definitions in chapter 121 to
reference the California LEV program rather than the NLEV program, due
to cessation of the NLEV program;
(f) Revised section 126.411(a) to include vehicles titled in the
Commonwealth, rather than those offered for sale, lease, import,
rented, delivered, purchased, acquired, or registered in the
Commonwealth.
(g) Revised section 126.411 to update cross-references to reflect
changes made by California to its LEV rule with respect to California's
ZEV program, in order to continue to exclude California's ZEV program
from Pennsylvania's Clean Vehicle Program;
(h) Revised section 126.412(d) to specify a 3-year early-credit
earning period (between model year 2008 to 2010) within which
manufacturers were to comply with the NMOG fleet average;
(i) Revised section 126.413(a)(2) to allow a vehicle dealer to
transfer a non-CARB certified new vehicle as long as the vehicle will
not ultimately be sold in Pennsylvania as a new vehicle;
(j) Revised section 126.413(a)(6) to add clarification language
regarding applicability (in accordance with the rules of the
International Registration Plan) to vehicles ``held for daily lease or
rental to the general public which are registered and principally
operated outside the Commonwealth;''
(k) Revised section 126.413(a)(11) to conform the model year cutoff
for compliance with the program to the model year 2008 program start
date for CARB certification and NMOG fleet average requirements;
(l) Added paragraph 13 to section 126.413(a) to exempt vehicles
transferred for the purpose of salvage, to allow salvage operations in
Pennsylvania to accept salvaged new motor vehicles that do not have
CARB certification;
(m) Revised section 126.413(b) to require a person seeking to title
or register an exempted vehicle to provide satisfactory evidence that
the exemption is applicable;
(n) Revised sections 126.421(b), 126.422(b), 126.423(b),
126.424(b), and 126.425(b), with respect to new motor vehicle testing
provisions, to require vehicle manufacturers to provide CARB testing
determinations and findings to the Pennsylvania Department of
Environmental Protection (PA DEP) upon request;
(o) Revised section 126.431(b) to allow a vehicle manufacturer to
submit to the PA DEP (when requested in writing) copies of the reports
the manufacturer submitted to CARB for purposes of compliance with
respect to this subsection of Pennsylvania's rule;
(p) Added paragraph (c) to section 126.431 to clarify that any
voluntary or influenced emissions-related recall campaign initiated by
a vehicle manufacturer under California's LEV program shall extend to
vehicles covered by the Pennsylvania Clean Vehicle Program, except
where the manufacturer demonstrates to the satisfaction of PA DEP in
writing (within 30 days of CARB's approval of the campaign) that said
campaign is not applicable to vehicles sold in Pennsylvania;
(q) Added paragraph (d) to section 126.432 providing that recalls
prompted by a CARB order or an enforcement action taken by CARB to
correct noncompliance by a vehicle manufacturer shall extend to
vehicles covered by the Pennsylvania Clean Vehicles Program, except
where the manufacturer demonstrates to the satisfaction of PA DEP in
writing (within 30 days of CARB's approval of the campaign) that said
campaign is not applicable to vehicles sold in Pennsylvania;
(r) Revised section 126.432(a), changing the start date (to model
year 2008) when each vehicle manufacturer must begin to submit to the
PA DEP an annual report on vehicle deliveries of each ``test group''
for the latest model year;
(s) Revised section 126.441 restating the prohibition on new
vehicle dealers from selling, offering for sale or lease, or delivering
a vehicle subject to Pennsylvania's program unless it has received the
requisite CARB certification; and
(t) Added section 126.451 requiring the PA DEP to monitor CARB
rulemaking actions on the California LEV program, to submit comments on
such CARB rulemakings, and to apprise the Pennsylvania Environmental
Quality Board of proposed changes to California's LEV program.
C. What are the relevant EPA and CAA requirements?
Section 209(a) of the CAA prohibits states from adopting or
enforcing standards relating to the control of emissions from new motor
vehicles or new motor vehicle engines. However, under section 209(b) of
the CAA, EPA may grant a waiver of the section 209(a) prohibition to
any state that adopted its own vehicle emission standards prior to
March 30, 1966. As California is the only state to meet this test,
California is thereby granted authority under this section to adopt its
own motor vehicle emissions standards. Section 209(b) of the CAA
requires California to show that its newly adopted standards will be
``* * * in the aggregate, at least as protective of public health and
welfare as applicable Federal standards. * * *'' Section 209(b) further
provides that EPA will grant a waiver to California for such standards
unless it finds that: (1) The State's determination is ``arbitrary and
capricious,'' (2) the State ``does not need such State standards to
meet compelling and extraordinary conditions,'' or (3) the State's
standards and accompanying enforcement procedures are ``not
consistent'' with CAA section 202(a).
Section 177 of the CAA allows other states to adopt and enforce
California's standards relating to the control of emissions from new
motor vehicles, provided that, among other things, such state standards
are identical to the California standards for which a waiver has been
granted under CAA section 209(b). In addition, section 177 of the CAA
requires that a state choosing to adopt California standards must do so
at least two years prior to the commencement of the model year to which
the standards will apply. Pennsylvania has met the requirements of
section 177.
[[Page 68384]]
D. What is the California LEV II program and how does it relate to
Pennsylvania's Clean Vehicle Program?
1. California's Low Emission Vehicle Program
CARB adopted the first generation LEV I regulations in 1990, which
were effective through the 2003 model year. CARB adopted California's
second generation LEV II regulations in August 1999. On February 10,
2000, EPA adopted its Tier 2 Federal motor vehicle standards rule (65
FR 6698). In December 2000, CARB modified the LEV II program to take
advantage of some elements of the Federal Tier 2 regulations to ensure
that only the cleanest vehicle models would continue to be sold in
California. EPA granted California a waiver for its LEV II program on
April 22, 2003 (68 FR 19811).
In 2006, CARB adopted technical amendments to its LEV II program
that amend the evaporative emission test procedures, onboard refueling
vapor recovery and spitback test procedures, exhaust emission test
procedures, and vehicle emission control label requirements. These
technical amendments align each of California's test procedures and
label requirements with its Federal counterpart, in an effort to
streamline and harmonize the California and Federal programs and to
reduce manufacturer testing burdens and increase in-use compliance. On
July 30, 2010, EPA published a notice in the Federal Register
confirming that CARB's 2006 technical amendments are within-the-scope
of existing waivers of preemption for CARB's LEV II program.
Under California's LEV II program, each vehicle manufacturer must
show that their overall fleet for a given model year meets the
specified phase-in requirements according to the fleet average non-
methane hydrocarbon requirement for that year. The fleet average non-
methane hydrocarbon emission limits become progressively lower each
model year. The LEV II program requires auto manufactures to include a
``smog index'' label on each vehicle sold, which is intended to inform
consumers about the amount of pollution coming from that vehicle
relative to other vehicles.
In addition to the LEV II requirements, California requires that
minimum percentages of passenger cars and the lightest light-duty
trucks marketed in California by a large or intermediate volume
manufacturer to be ZEVs, referred to as a ZEV mandate. Pennsylvania did
not incorporate California's ZEV provisions into the Pennsylvania Clean
Vehicle Program.
EPA concluded in its OTC LEV Program for the Northeast Transport
Region final rule, published in the January 24, 1995 Federal Register
(60 FR 4712), that states adopting a CAA section 177 program need not
adopt California's ZEV requirements to comply with the CAA requirements
under section 177 for identical standards. Section 177 of the CAA does
not require adoption of all California LEV program standards. However,
if a state adopts California vehicle standards, those standards must be
identical to California standards for which California has been granted
a waiver of preemption by EPA.
2. California and Federal Greenhouse Gas Standards
On October 15, 2005, California amended its rules to add regulatory
provisions for greenhouse gas related emissions from new cars and
trucks. Specifically, California's greenhouse gas standards require
manufacturers to comply with fleet average emission standards for
emissions of carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride on new
passenger cars, light-duty trucks, and medium-duty passenger vehicles
sold in California. California approved regulations to reduce
greenhouse gas emissions from passenger vehicles in September 2004,
effective beginning with model year 2009. CARB adopted a new approach,
combining for the first time the control of smog-causing pollutants and
greenhouse gas emissions into a single coordinated package of
standards. After initially denying California's request for a waiver of
CAA preemption, EPA later granted California the authority to implement
greenhouse gas emission reduction standards in a waiver published in
the July 8, 2009 edition of the Federal Register (74 FR 32744).
EPA and the National Highway Traffic Safety Administration (NHTSA)
subsequently issued a joint final rule in the May 7, 2010 Federal
Register (75 FR 25324) establishing a national program for greenhouse
gas standards and improved fuel economy for model year 2012 to 2016
light-duty vehicles, coupled with improved fuel economy. This joint
rule stemmed from a National Fuel Economy Policy announced by President
Obama on May 19, 2009. The joint rule represents a harmonized approach,
allowing automobile manufacturers to build a single light-duty national
fleet.
On September 24, 2009, CARB adopted amendments to its passenger
vehicles greenhouse gas standards (for model year 2009 through 2016
vehicles) to harmonize Federal and California greenhouse gas rules and
to provide vehicle manufacturers with new compliance flexibility. CARB
will now also allow California and other states that have adopted
California's greenhouse gas standard to pool car sales for purposes of
compliance, rather than on a state-by-state basis for compliance. This
was the final step in an agreement between the EPA and NHTSA,
California, and the automobile manufacturers, fulfilling President
Obama's May 19, 2009 announcement.
Pennsylvania's Clean Vehicle Program rule adopts by reference
CARB's greenhouse light-duty vehicle emissions standard provisions set
forth in Title 13 California Code of Regulations (CCR), Division 3,
Chapter 1. Under Pennsylvania's Clean Vehicle Rule, a manufacturer or
dealer is deemed compliant if a vehicle offered for sale in
Pennsylvania is CARB-certified and is properly labeled as such.
E. What is the history and current content of the Pennsylvania Clean
Vehicle Program?
On December 5, 1998 (28 Pa.B. 5873), Pennsylvania adopted the
Pennsylvania Clean Vehicles Program, which incorporated California's
LEV program by reference. The December 1998 rule adopted NLEV as a
compliance alternative to the Pennsylvania Clean Vehicles Program (for
the duration of the NLEV program).
The NLEV program was a voluntary agreement between EPA, vehicle
manufacturers, and the states to introduce vehicles that met emission
standards that were more stringent than the Federal Tier 1 standards in
effect at the time. The NLEV program only took effect after all auto
manufacturers and a sufficient number of states voluntarily ``opted-
in'' to the program. Once the opt-ins were complete, EPA made a NLEV
in-effect finding on March 2, 1998 (63 FR 11374). Participating
Northeast states then submitted SIP revisions to ensure continuation of
the program. Pennsylvania submitted its NLEV SIP revision on January 8,
1999. EPA issued a direct final rule to approve Pennsylvania's NLEV
program (with the Pennsylvania Clean Vehicles Program as a backstop to
NLEV) on December 28, 1999 (64 FR 72564).
On December 9, 2006, Pennsylvania amended its Clean Vehicles
Program to be identical to update its rule to reflect California's LEV
II program; to postpone compliance with California LEV II provisions of
the rule from model year 2006 to model year 2008; to make
clarifications and updates to
[[Page 68385]]
Pennsylvania's Clean Vehicles Program; and to specify a transition
mechanism to the California LEV provisions. Pennsylvania has adopted
California's LEV II program by incorporating by reference portions of
the California LEV II regulations (i.e., Title 13 California Code of
Regulations, Division 3, Chapters 1 and 2) into the Pennsylvania Code.
Pennsylvania submitted a SIP revision to EPA requesting that EPA
approve Pennsylvania's Clean Vehicle Program regulations as part of the
Pennsylvania SIP. EPA's approval would make the program Federally
enforceable through the SIP.
II. Proposed EPA Action
EPA is proposing to approve the Pennsylvania Clean Vehicle Program
SIP revision, which was submitted on May 31, 2007. EPA is soliciting
public comments on the issues discussed in this document. These
comments will be considered before taking final action.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR section 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 proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 proposed rule to approve the Pennsylvania Clean
Vehicle Program as part of the Pennsylvania SIP 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 25, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-28653 Filed 11-3-11; 8:45 am]
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