[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34911-34915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13717]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0511; FRL-9822-6]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Low Emission Vehicle Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the State of Maryland on December 20, 2007, November 12,
2010, and June 22, 2011, as amended March
[[Page 34912]]
22, 2013. These SIP revisions pertain to adoption by Maryland of a Low
Emission Vehicle (LEV) program, which incorporates by reference
California's second generation Low Emission Vehicle (LEVII) program
regulations. Maryland's LEV regulations require new 2011 and subsequent
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 in Maryland to meet California emission standards. The
Clean Air Act (CAA) contains authority by which states other than
California may adopt new motor vehicle emissions standards that are
identical to California's standards. Maryland's supplemental SIP
revisions submitted on November 12, 2010 and June 22, 2011 modify its
program to harmonize with updates by California to its LEVII program
and Federal GHG standards effective on 2012-2016 model year vehicles.
The March 22, 2013 SIP amendment withdraws from the SIP revision
submittal the portion of Maryland's LEV program rule that incorporates
by reference a provision of California's rule regulating retrofit
systems for conversion of motor vehicles to use natural gas or
liquefied petroleum gas in lieu of the fuel on which they were
originally certified. EPA is approving all of Maryland's LEV Program
SIP revisions, except for the portion of Maryland's regulation
withdrawn by Maryland from the SIP on March 22, 2013, in accordance
with the requirements of the CAA.
DATES: This final rule is effective on July 11, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0511. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (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 through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. 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 [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 23, 2012 (77 FR 50969), EPA published in the Federal
Register a notice of proposed rulemaking (NPR) for the State of
Maryland proposing approval of three SIP revisions related to
Maryland's LEV program. The first of these Maryland SIP revisions was
submitted to EPA on December 20, 2007 (07-16) and included
Maryland's Low Emission Vehicle Program, as adopted by the state in
2007. On November 12, 2010, Maryland submitted a revision to the 2007
SIP submittal (10-08) to amend its Clean Car Program rules to
incorporate changes made by California to its LEV regulations since
Maryland's initial adoption of the program in 2007. On June 22, 2011,
Maryland submitted another SIP revision (11-05) consisting of
updates to Maryland's program regulations adopting additional changes
made by California to its own rules since Maryland's regulatory changes
made as part of the 2010 SIP submittal. On March 22, 2013, Maryland
submitted a letter to EPA formally withdrawing a portion of the SIP
revision submitted June 22, 2011. Specifically, Maryland requested
withdrawal of a section of its LEV program rule (COMAR
26.11.34.02B(17)), which incorporated by reference section 2030 of
Division 3, Chapter 1, Article 5 of Title 13 of the California Code of
Regulations for natural gas and liquefied petroleum gas retrofit
systems.
II. Summary of SIP Revision
A detailed description of Maryland's and California's Low Emission
Vehicle program is provided in the NPR published in the Federal
Register on August 23, 2012 (77 FR 50969), and will not be repeated
here. However, a brief summary of Maryland's SIP revision is provided
below.
A. Maryland's Low Emission Vehicle Program
Maryland adopted into law the Maryland Clean Cars Act of 2007, the
purpose of which was to implement California's LEV program in Maryland.
The purpose of doing so was to improve ambient air quality in Maryland.
This statute compelled the Maryland Department of Environment to adopt
a rule in November 2007, which established a new Maryland regulatory
chapter COMAR 26.11.34, entitled ``Low Emission Vehicle Program.''
The regulation requires that 2011 and newer model year passenger
cars, light-duty trucks, and medium-duty vehicles (with a GVWR of
14,000 pounds or less that are sold in Maryland as new cars, or that
are transferred in Maryland) meet the applicable California LEVII
emissions standards. The objectives of the program are twofold. The
first is to reduce emissions of nitrogen oxide (NOX) and
volatile organic compound (VOC) emissions, which are ground-level ozone
precursor pollutants. The program relies on decreasing fleet average
emission standards, applicable to each vehicle manufacturer each year.
This program uses varying standards established by California, ranging
from LEV standards to zero emission vehicle (ZEV) standards, which are
the most stringent standards set. In between these fall: 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 complies 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. Maryland has adopted
California's second generation of LEV program rules, or LEV II, which
were approved by California on October 28, 1999, and became effective
in California on November 27, 1999. Maryland has not adopted or
submitted to EPA for SIP approval subsequently adopted California
rules, including California's LEV III program rules.
The second objective of Maryland's LEV program is to reduce
greenhouse gas (GHG) emissions from subject new vehicles purchased for
use in Maryland. The GHG program also makes use of a fleet average
compliance method (similar in methodology to that of the non-methane
organic gas (NMOG) fleet average standard portion of the LEV program),
which serves as a means to reduce ground level ozone and air toxics
pollution. Overall compliance is demonstrated by showing that the
entire fleet of vehicles produced by each manufacturer (as distributed
within the allowable standard sets) meets the specified fleet average
NMOG and GHG standards.
B. Maryland's Clean Car Program SIP Revisions
Maryland initially adopted regulations .01 to .14 under COMAR
26.11.34, which is a new chapter entitled ``Low Emission Vehicle
Program.'' Maryland formally submitted
[[Page 34913]]
a SIP revision for the Maryland Clean Car Program to EPA on December
20, 2007.
Maryland subsequently amended regulation .02 (entitled
``Incorporation by Reference'') of COMAR 26.11.34 via a proposed state
action published in the Maryland Register on August 14, 2009, followed
by a final action published on November 6, 2009. Maryland submitted
this amendment to EPA as a SIP revision on November 12, 2010.
Maryland once more amended regulation .02 (Incorporation by
Reference) of COMAR 26.11.34. Maryland submitted a SIP revision to EPA
on June 22, 2011 to amend the prior SIP revisions to reflect this most
recent state regulatory amendment to the Maryland LEV program rule. On
March 22, 2013, Secretary Summers of the Maryland Department of the
Environment submitted a letter to EPA's Regional Administrator Shawn
Garvin formally withdrawing a portion of the June 22, 2011 SIP
revision.
The specific requirements and other details of Maryland's LEV
program SIP revisions and the rationale for EPA's proposed action are
explained in the NPR and will not be restated here. EPA received
adverse comments during the public comment period on our August 23,
2012 NPR. A summary of those comments and EPA's responses are provided
in Section III of this action.
III. Summary of Public Comments and EPA Responses
Comment: The commenter challenges Maryland's authority to adopt, by
reference, California's motor vehicle regulations for alternative fuel
aftermarket systems, found in California's Code of Regulations (CCR),
at 13 CCR 2030. The commenter argues that the authority in section 177
of the CAA allowing other states to adopt California's standards (which
are waived from preemption under CAA section 209(b)) is limited to new
motor vehicles and motor vehicle engines, and that this authority does
not extend to adoption of California's regulations governing
aftermarket alternative fuel systems. Further, the commenter argues
that CAA section 209(c) preempts states other than California from
adopting aftermarket parts regulations when EPA has acted on its
authority to regulate such parts under Federal law. The commenter
argues that the portion of California's regulation (13 CCR 2030) which
Maryland has incorporated by reference has not been updated in many
years and is functionally outdated and conflicts in some aspects with
more recent Federal rules on the subject.
Response: On March 22, 2013, Maryland officially withdrew the
portion of Maryland's LEV Program SIP Revision 11-05 which
this commenter is addressing. Specifically, Maryland requested
withdrawal of COMAR 26.11.34.02B(17), which served to adopt by
reference Sec. 2030 of Division 3, Chapter 1, Article 5 of Title 13 of
the CCR. EPA is taking final rulemaking action on the remaining
portions of the Maryland SIP submittals from December 20, 2007,
November 12, 2010, and June 22, 2011. Because Maryland has withdrawn
this portion of the SIP and because EPA is not taking any final
rulemaking action on COMAR 26.11.34.02B(17), the commenter's arguments
related to CAA sections 177 and 209 are not relevant to this final
action.
Comment: Several commenters generally supported efforts to reduce
greenhouse gas emissions from new light to medium duty vehicles, per
Maryland's LEV program. One commenter expressed disappointment that
Federal law under the CAA limits states choices to adoption of either
California new vehicle standards or Federal standards, rather than
allowing states to adopt their own more stringent standards. The
commenter argues that the current pace in limiting GHG emissions is
insufficient to limit climate change or to ameliorate damage already
done.
Response: EPA appreciates the commenters' support for clean vehicle
programs and the commensurate GHG benefits resulting from adoption of a
LEV program. With respect to states' authority to adopt their own
standards different from Federal new vehicle standards or those of
California, Congress explicitly limited this authority with the
prohibition language of section 209 of the CAA. That section states
that ``no State or political subdivision thereof shall adopt or attempt
to enforce any standard relating to the control of emissions from new
motor vehicles or motor vehicle engines subject to this part.'' That
same section of the CAA allows the Administrator to waive that
prohibition for California, which had already adopted standards to
control new motor vehicle emissions prior to March 30, 1966. Further,
section 177 of the CAA allows any state with an approved SIP plan to
adopt and enforce standards for new motor vehicles or motor vehicle
engines that are identical to California standards for which a waiver
has been granted, if specified lead time requirements are met. Congress
was explicit in the relevant CAA authority of their intent to grant
states the option to adopt either California or Federal vehicle
emission standards--and also to prohibit states from independently
adopting or enforcing any third set of vehicle standards.
IV. Final Action
EPA is approving three SIP revisions submitted by Maryland with
respect to Maryland's adoption of a Low Emission Vehicle Program into
the Maryland SIP. These SIP revisions were submitted on December 20,
2007; November 12, 2010; and June 22, 2011. EPA is excluding from final
approval COMAR 26.11.34.02B(17), as Maryland formally requested
withdrawal of that regulatory provision in a letter to EPA dated March
22, 2013.
V. Statutory and Executive Order Reviews
A. General Requirements
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 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
[[Page 34914]]
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 August 12, 2013. 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.
This action to approve the Maryland Low Emission Vehicle Program
into the Maryland SIP 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: May 28, 2013.
W.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 adding
entries in numerical order for COMAR 26.11.34 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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Code of Maryland State Additional explanation/
administrative regulations Title/subject effective EPA approval date citation at 40 CFR
(COMAR) citation date 52.1100
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26.11.34 Low Emissions Vehicle Program
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26.11.34.01................ Purpose............... 12/17/07 6/11/13; [Insert page ......................
number where the
document begins].
26.11.34.02 (except Incorporation by 5/16/11 6/11/13; [Insert page ......................
.02B(17)). Reference. 11/16/09 number where the
12/17/07 document begins].
26.11.34.03................ Applicability and 12/17/07 6/11/13; [Insert page ......................
Exemptions. number where the
document begins].
26.11.34.04................ Definitions........... 12/17/07 6/11/13; [Insert page ......................
number where the
document begins].
26.11.34.05................ Emissions Requirements 12/17/07 6/11/13; [Insert page ......................
number where the
document begins].
26.11.34.06................ Fleet Average NMOG 12/17/07 6/11/13; [Insert page ......................
Requirements. number where the
document begins].
26.11.34.07................ Initial NMOG Credit 12/17/07 6/11/13; [Insert page ......................
Account Balances. number where the
document begins].
26.11.34.08................ Fleet Average 12/17/07 6/11/13; [Insert page ......................
Greenhouse Gas number where the
Requirements. document begins].
26.11.34.09................ Zero Emission Vehicle 12/17/07 6/11/13; [Insert page ......................
(ZEV) Requirements. number where the
document begins].
26.11.34.10................ Initial ZEV Credit 12/17/07 6/11/13; [Insert page ......................
Account Balances. number where the
document begins].
26.11.34.11................ Vehicle Testing....... 12/17/07 6/11/13; [Insert page ......................
number where the
document begins].
26.11.34.12................ Warranty.............. 12/17/07 6/11/13; [Insert page ......................
number where the
document begins].
26.11.34.13................ Manufacturer 12/17/07 6/11/13; [Insert page ......................
Compliance number where the
Demonstration. document begins].
[[Page 34915]]
26.11.34.14................ Enforcement........... 12/17/07 6/11/13; [Insert page ......................
number where the
document begins].
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[FR Doc. 2013-13717 Filed 6-10-13; 8:45 am]
BILLING CODE 6560-50-P