[Federal Register Volume 63, Number 45 (Monday, March 9, 1998)]
[Rules and Regulations]
[Pages 11374-11375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5981]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

[AMS-FRL-5975-2]
RIN 2060-AF75


Control of Air Pollution From New Motor Vehicles and New Motor 
Vehicle Engines: Finding of National Low Emission Vehicle Program in 
Effect

AGENCY: Environmental Protection Agency (EPA).

ACTION: Finding of National Low Emission Vehicle (LEV) Program in 
effect.

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SUMMARY: Today EPA is finding the National LEV program in effect. Nine 
northeastern states and 23 manufacturers have opted into this voluntary 
clean car program and the opt-ins have met the criteria set forth by 
EPA in its National LEV regulations. This means light-duty vehicles and 
light light-duty trucks cleaner than those available today will be 
produced and sold starting later this year. The National LEV program 
demonstrates how cooperative, partnership efforts can produce a 
smarter, cheaper program that reduces regulatory burden while 
increasing protection of the environment and public health.

DATES: This finding is effective March 2, 1998.

ADDRESSES: Materials relevant to this finding have been placed in 
Public Docket No. A-95-26. The docket is located at the Air Docket 
Section, U.S. Environmental Protection Agency, 401 M Street SW, 
Washington, DC 20460 (Telephone 202-260-7548; Fax 202-260-4400) in Room 
M-1500, Waterside Mall, and may be inspected weekdays between 8:00 a.m. 
and 5:30 p.m. A reasonable fee may be charged by EPA for copying docket 
materials. For further information on electronic availability of this 
final rule, see the SUPPLEMENTARY INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: Karl Simon, Office of Mobile Sources, 
U.S. Environmental Protection Agency, 401 M Street SW, Washington, DC 
20460. Telephone (202) 260-3623; Fax (202) 260-6011; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Obtaining Electronic Copies of the Regulatory Documents

    This finding, along with rulemaking documents and other documents 
related to this finding are available electronically from the EPA 
Internet Web site. This service is free of charge, except for any cost 
you already incur for internet connectivity. An electronic version of 
this finding is made available on the day of publication on the primary 
Web site listed below. The EPA Office of Mobile Sources also publishes 
Federal Register notices and related documents on the secondary Web 
site listed below.

1. http://www.epa.gov/docs/fedrgstr/EPA-AIR/ (either select desired 
date or use Search feature)
2. http://www.epa.gov/OMSWWW/lev-nlev.htm
    Please note that due to differences between the software used to 
develop the document and the software into which the document may be 
downloaded, changes in format, page length, etc. may occur.

In Effect Finding

    Today EPA is taking the final step necessary for the National Low 
Emission Vehicle program to come into effect. The National LEV program 
is a voluntary clean car program which will reduce smog and other 
pollution from new motor vehicles. On December 16, 1997, EPA finalized 
the regulations for the National Low Emission Vehicle (National LEV) 
program. 63 FR 926 (January 7, 1998). Because it is a voluntary 
program, it could only come into effect if agreed upon by the 
northeastern states and the auto manufacturers. EPA has now received 
notifications from all the auto manufacturers and the relevant states 
lawfully opting into the program. As a result, starting in the 
northeastern states in model year 1999 and nationally in model year 
2001, new cars and light

[[Page 11375]]

light-duty trucks will meet tailpipe standards that are more stringent 
than EPA can mandate prior to model year 2004. Now that the program is 
agreed upon, these standards will be enforceable in the same manner as 
any other federal new motor vehicle program.
    National LEV will reduce air pollution nationwide, harmonize 
federal and California motor vehicle standards to reduce manufacturers' 
design and testing costs, avoid a patchwork of state regulatory 
requirements, and achieve emission reductions in the northeast 
equivalent to or better than would be achieved if each northeastern 
state adopted the California Low Emission Vehicle program. Although it 
originated as a way to help the northeastern states address their smog 
problems, National LEV will have public health and environmental 
benefits nationwide. Across the country, National LEV will reduce 
ground level ozone, the principle harmful component in smog, as well as 
emissions of other pollutants, including particulate matter, benzene 
and formaldehyde. This will assist states in achieving cleaner air 
while the economy grows.
    This program is the result of a remarkable effort by EPA, the 
northeastern states, the auto industry and other interested parties. 
EPA applauds the effort, time and energy that all parties have invested 
in the National LEV program. As a result of this cooperative, 
partnership approach, we now have a smarter, cheaper, cleaner program 
that reduces regulatory burden while increasing protection of the 
environment and public health.
    In the December Final Rule, EPA promulgated the criteria for the 
Agency to find the National LEV program in effect. 40 CFR 86.1706-99(b) 
provides that EPA shall find the National LEV program in effect if each 
of the manufacturers listed in the rule submits an opt-in notification 
that complies with the requirements for opt-ins, each opt-in submitted 
by an Ozone Transport Commission (OTC) State complies with the 
requirements for opt-ins, any conditions placed on any of the opt-ins 
are satisfied, and no valid opt-out has become effective pursuant to 40 
CFR 86.1707-99. As set forth below, these criteria have been met.
    The following northeastern states have agreed to the National LEV 
program and have lawfully opted in pursuant to 40 CFR 86.1705-99(e):

Connecticut
Delaware
District of Columbia
Maryland
New Hampshire
New Jersey
Pennsylvania
Rhode Island
Virginia
Several of these states conditioned their opt-ins on all auto 
manufacturers opting into the program and/or on EPA finding that 
National LEV was in effect pursuant to 40 CFR 86.1706-99. All of the 
conditions these states placed on their opt-ins are now met.
    All auto manufacturers have agreed to the National LEV program and 
have lawfully opted in pursuant to 40 CFR 86.1705-99(c). These auto 
manufacturers are listed below and at 40 CFR 86.1706-99(c):
American Honda Motor Company, Inc.
American Suzuki Motor Corporation
BMW of North America, Inc.
Chrysler Corporation
Fiat Auto U.S.A., Inc.
Ford Motor Company
General Motors Corporation
Hyundai Motor America
Isuzu Motors America, Inc.
Jaguar Motors Ltd.
Kia Motors America, Inc.
Land Rover North America, Inc.
Mazda (North America) Inc.
Mercedes-Benz of North America
Mitsubishi Motor Sales of America, Inc.
Nissan North America, Inc.
Porsche Cars of North America, Inc.
Rolls-Royce Motor Cars Inc.
Saab Cars USA, Inc.
Subaru of America, Inc.
Toyota Motor Sales, U.S.A., Inc.
Volkswagen of America, Inc.
Volvo North America Corporation

Several of these manufacturers conditioned their opt-ins on the nine 
northeastern states listed above opting into the program, on all auto 
manufacturers opting into the program, and/or on EPA finding the 
program in effect or finding it in effect no later than March 2, 1998. 
All of the conditions the auto manufacturers placed on their opt-ins 
are now met.
    No state or manufacturer has withdrawn its opt-in, nor has any 
submitted an opt-out notification.
    Thus, pursuant to 40 CFR 86.1706-99(b), EPA finds that the National 
LEV program is in effect. This finding is a nationally applicable final 
action.

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, does not 
apply because this action is not a rule, as that term is defined in 
5 U.S.C. 804(3).

    Dated: March 2, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-5981 Filed 3-6-98; 8:45 am]
BILLING CODE 6560-50-P