[Federal Register Volume 65, Number 140 (Thursday, July 20, 2000)]
[Rules and Regulations]
[Pages 44981-44984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18108]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC 045-2020a; FRL-6838-5]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Approval of National Low Emission Vehicle Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a State 
Implementation Plan (SIP) revision submitted by the District of 
Columbia, which formalizes the District's commitment to accept sales of 
motor vehicles that comply with the requirements of the National Low 
Emission Vehicle (National LEV) program.
    The District of Columbia submitted its National LEV SIP revision to 
EPA on February 16, 2000. Through its adopted regulations submitted as 
part of its National LEV SIP revision, the District has agreed to the 
sale of National LEV compliant vehicles within its borders, in lieu of 
implementation of a California LEV program. Under the National LEV 
Program, auto manufacturers have agreed to sell cleaner vehicles 
meeting National LEV standards throughout the District and other 
participating states for the duration of the manufacturers' commitments 
to the National LEV Program. A SIP revision from each participating 
state is required as part of the agreement between the states and 
automobile manufacturers to ensure continuation of the National LEV 
Program to supply clean cars throughout most of the country. The sale 
of vehicles complying with the National LEV program standards began 
with 1999 model year vehicles in Northeast states. The National LEV 
program will then be expanded to include states outside the Northeast 
beginning with 2001 model year vehicles.

DATES: This rule is effective on September 18, 2000 without further 
notice, unless EPA receives adverse comment by August 21, 2000. If we 
receive such comment, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that 
this rule will not take effect.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief, 
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania

[[Page 44982]]

19103. Copies of the documents relevant to this action are available 
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; or at the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW., Washington, DC 20460. Copies of District of 
Columbia-specific materials may be reviewed at the District's offices 
at: District of Columbia Department of Public Health, Air Quality 
Division, 51 N Street, NE., Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Brian K. Rehn, (215) 814-2176, or by 
e-mail at [email protected]

SUPPLEMENTARY INFORMATION:

I. Background

    The National Low Emission Vehicle (National LEV) program is a 
voluntary, nationwide clean car program, designed to reduce ground 
level ozone (or smog) and other air pollution produced by emissions 
from newly manufactured motor vehicles. On June 6, 1997 (62 FR 31192) 
and on January 7, 1998 (63 FR 926), the Environmental Protection Agency 
(EPA) promulgated rules outlining the framework for the National LEV 
program. These National LEV regulations allow auto manufacturers to 
commit to meet tailpipe standards for cars and light-duty trucks that 
are more stringent than EPA could otherwise mandate under the authority 
of the Clean Air Act in that time frame. The regulations provided that 
the program would come into effect only if Northeast states and auto 
manufacturers agreed to participate. On March 9, 1998 (63 FR 11374), 
EPA published a finding that the program was in effect. Nine 
northeastern states (Connecticut, Delaware, Maryland, New Hampshire, 
New Jersey, Pennsylvania, Rhode Island, Virginia, and the District of 
Columbia) and 23 auto manufacturers (BMW, Chrysler, Fiat, Ford, General 
Motors, Honda, Hyundai, Isuzu, Jaguar, Kia, Land Rover, Mazda, 
Mercedes-Benz, Mitsubishi, Nissan, Porsche, Rolls-Royce, Saab, Subaru, 
Suzuki, Toyota, Volkswagen, and Volvo) opted to participate in the 
National LEV program. Once in effect, the National LEV Program became 
enforceable in the same manner as any other Federal new motor vehicle 
emission control program.
    The National LEV Program will achieve significant air pollution 
reductions nationwide. In addition, the program provides substantial 
harmonization of Federal and California standards for new motor 
vehicles and new motor vehicle test procedures. This program enables 
manufacturers to move towards the design and testing of vehicles to 
satisfy one set of nationwide standards. The National LEV Program 
demonstrates how cooperative partnership efforts can produce a smarter, 
cheaper emissions control program that reduces regulatory burden while 
increasing protection of the environment and public health.
    The National LEV Program will result in substantial reductions in 
non-methane organic gases (NMOG) and nitrous oxides (NOX), 
which contribute to unhealthy levels of smog in many areas across the 
country. National LEV vehicles are 70% cleaner than today's model 
requirements under the Clean Air Act. This voluntary program provides 
auto manufacturers flexibility in meeting the associated standards as 
well as the opportunity to harmonize their production lines and make 
vehicles more efficiently. National LEV vehicles were estimated to cost 
an additional $76 above the price of vehicles otherwise required today, 
but the actual per vehicle cost is now expected to be even lower, due 
to factors such as economies of scale and historical trends related to 
emission control costs. This predicted incremental cost is less than 
0.5% of the price of an average new car. In addition, the National LEV 
Program will help ozone nonattainment areas across the country improve 
their air quality, as well as reduce pressure to make further, more 
costly emission reductions from stationary industrial sources.
    Because it is a voluntary program, National LEV was set up to take 
effect, and will remain in effect, only if the participating auto 
manufacturers and Northeastern States commit to the program and abide 
by their commitments. The states and manufacturers initially committed 
to the program through opt-in notifications to EPA, which were 
sufficient for EPA to find that National LEV had come into effect. The 
National LEV regulations provide that the second stage of the state 
commitments are to be made through SIP revisions that incorporate those 
state commitments to National LEV into state regulations. EPA will then 
take rulemaking action to approve each state's regulation into its 
respective federally-enforceable SIP. The National LEV regulations laid 
out the elements to be incorporated in the SIP revisions, the timing 
for such revisions, and the language (or substantively similar 
language) that needs to be included in a SIP revision to allow EPA to 
approve that revision as adequately committing the state to the 
National LEV Program. In today's action, EPA is approving the National 
LEV SIP revision for the District of Columbia as adequately committing 
the District to the program. With this rulemaking action, EPA will have 
completed rulemaking action to approve commitments to the National LEV 
program by all the Northeast states that have elected to join the 
National LEV Program.

II. EPA's Evaluation of the District's Submittal

    At present, the District of Columbia has not exercised the option, 
pursuant to section 177 of the Clean Air Act, to adopt state standards 
to regulate new motor vehicles identical to California's LEV program. 
Rather, the District adopted regulations that provide for the National 
LEV Program to be in place. These provide that for the duration of the 
District's participation in the National LEV program, manufacturers may 
comply with National LEV standards or equally stringent mandatory 
Federal standards in lieu of compliance with any state-adopted 
California LEV program pursuant to section 177 of the Clean Air Act. 
The District has adopted regulations that accept National LEV as a 
compliance alternative for requirements applicable to passenger cars, 
light-duty trucks, and medium-duty trucks designed to operate on 
gasoline. The District's regulation provides for participation in the 
National LEV program until model year 2006. Through its regulations, 
which were submitted to EPA as a SIP revision, the District of Columbia 
has adequately committed to the National LEV Program, as provided in 
the final National LEV rule.
    EPA's final National LEV rule stated that if a state submits a SIP 
revision containing regulatory language substantively identical to the 
language in EPA's regulation without additional conditions, and if such 
a submission otherwise meets the Clean Air Act requirements for 
approvable SIP submissions, EPA would not need to conduct notice-and-
comment rulemaking to approve that SIP revisions. In its National LEV 
rulemaking, EPA provided full opportunity for public comment on the 
language to be contained in each state's subsequent SIP revision. Thus, 
as discussed in more detail in the EPA National LEV final rule, the 
requirements for EPA SIP approval are easily verified objective 
criteria (see 63 FR 936, January 7, 1998). While we could appropriately 
approve the submission from the District of Columbia without providing 
for additional notice and requesting comments, we have nonetheless

[[Page 44983]]

decided to take this action in the form of a direct final rulemaking, 
which allows an opportunity for further public comment. In this 
instance, EPA is not under a timing constraint that would support a 
shorter rulemaking process, and thus we have decided there is no need 
to deviate from the Agency's usual procedures for SIP approvals.

III. Final Action

    EPA has evaluated the SIP revision submitted by the District of 
Columbia. The Agency has determined that this SIP revision is 
consistent with the EPA National LEV regulations and satisfies the 
general SIP approval requirements of section 110 of the Clean Air Act. 
Therefore, EPA is approving the District of Columbia low emission 
vehicle rule submitted on February 16, 2000 into the District's SIP.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the ``Proposed Rules'' section of this 
Federal Register publication, 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 September 18, 2000 
without further notice, unless the Agency receives adverse comment by 
August 21, 2000.
    If EPA receives adverse comment, we 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 received 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.
    Nothing in this action should be construed as permitting or 
establishing a precedent for any future request for revision to any 
State implementation plan. Each request for revision to the State 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.

IV. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

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 rule 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. This rule 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 Clean Air Act, petitions for 
judicial review of this action to approve the District of Columbia's 
National LEV Program SIP revision must be filed in the United States 
Court of Appeals for the appropriate circuit by September 18, 2000. 
Filing a petition for reconsideration by the Administrator of this 
final rule does not affect the finality of this rule 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 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, 
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: June 30, 2000.
Bradley M. Campbell,
Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart J--District of Columbia

    2. In Sec. 52.470, the entry for Chapter 9, section 915 entitled 
``National Low

[[Page 44984]]

Emission Vehicle Program'' in the ``EPA Approved Regulations in the 
District of Columbia SIP'' table in paragraph (c) is added to read as 
follows:


Sec. 52.470  Identification of plan.

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    (c) EPA approved regulations.

                                                     EPA--Approved District of Columbia Regulations
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         State citation                  Title/subject              State effective date            EPA approval date                 Comments
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Chapter 9                                                     Motor Vehicle Pollutants, Lead, Odors, and Nuisance Pollutants
 
                   *                  *                  *                  *                  *                  *                  *
Section 915....................  National Low Emission Vehicle  February 11, 2000...........  [July 20, 2000 and Federal
                                  Program.                                                     Register cite].
 
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[FR Doc. 00-18108 Filed 7-19-00; 8:45 am]
BILLING CODE 6560-50-P