[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Rules and Regulations]
[Pages 38787-38792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15886]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0310; FRL-9913-30-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Low Emission Vehicle Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Maryland. 
This revision pertains to Maryland's incorporation by reference of the 
most recent amendments to California's Low Emission Vehicle (LEV) 
program. The Clean Air Act (CAA) contains authority by which other 
states may adopt new motor vehicle emissions standards that are 
identical to California's standards. Maryland has adopted by reference 
California's light and medium-duty vehicle emissions and fuel 
standards, and consistent with California, submits amendments to these 
standards as revisions to the State's SIP. In this SIP revision, 
Maryland is updating its Low Emissions Vehicle Program regulation to 
adopt by reference California's Advanced Clean Car Program. This action 
is being taken under the CAA.

DATES: This rule is effective on September 8, 2014 without further 
notice, unless EPA receives adverse written comment by August 8, 2014. 
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-2014-0310 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2014-0310, 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.

[[Page 38788]]

    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0310. 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: Emlyn V[eacute]lez-Rosa (215) 814-
2038, or by email at [email protected].

SUPPLEMENTARY INFORMATION: On August 1, 2013, the Maryland Department 
of the Environment (MDE) submitted a revision to its SIP amending 
Maryland's Low Emissions Vehicle Program regulation, COMAR 26.11.34, to 
adopt California's Advanced Clean Cars Program, also referred to as the 
CA LEV III program. The Maryland Low Emissions Vehicle Program requires 
all 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's 
vehicle standards.

Table of Contents

I. Background
    A. Maryland's Air Quality With Respect to the Ozone National 
Ambient Air Quality Standard (NAAQS)
    B. Federal Vehicle Standards
    C. California's Vehicle Standards
    D. Maryland's Low Emissions Vehicle Program
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

A. Maryland's Air Quality With Respect to the Ozone National Ambient 
Air Quality Standard (NAAQS)

    Ozone is formed in the atmosphere by photochemical reactions 
between volatile organic compounds (VOCs), nitrogen oxides 
(NOX), and carbon monoxide (CO) in the presence of sunlight. 
In order to reduce ozone concentrations in the ambient air, the CAA 
requires all nonattainment areas to apply controls on VOCs and 
NOX emission sources to achieve emission reductions.
    On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone 
NAAQS, at 0.08 parts per million (ppm) averaged over an 8-hour time 
frame. On April 30, 2004 (69 FR 23951), EPA finalized designations for 
areas across the country with respect to the 1997 8-hour ozone NAAQS, 
which became effective on June 15, 2004. In this rulemaking action, EPA 
designated for the 1997 8-hour ozone NAAQS three separate nonattainment 
areas containing eleven counties and the City of Baltimore in Maryland: 
(1) The Baltimore, Maryland moderate nonattainment area (hereafter the 
Baltimore Area), consisting of the counties of Ann Arundel, Baltimore, 
Carroll, Harford, and Howard, and the City of Baltimore in Maryland; 
(2) the Washington, DC-MD-VA moderate nonattainment area (hereafter the 
Washington Area), whose Maryland's portion consists of the counties of 
Calvert, Charles, Frederick, Montgomery, and Prince George's; and (3) 
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE moderate 
nonattainment area (hereafter the Philadelphia Area), whose Maryland's 
portion consists of Cecil County. See 40 CFR 81.321. Upon designation, 
these 1997 8-hour ozone moderate nonattainment areas had an attainment 
date of no later than June 15, 2010.
    Two of Maryland's ozone nonattainment areas have attained the 1997 
8-hour ozone NAAQS. On February 28, 2012 (77 FR 11739), EPA determined 
that the Washington Area attained the 1997 8-hour ozone NAAQS by its 
June 15, 2010 attainment date. On January 21, 2011 (76 FR 3840), EPA 
issued a 1-year attainment date extension (i.e., from June 15, 2010 to 
June 15 2011) for the Philadelphia Area. On March 26, 2012 (77 FR 
17341), EPA determined that the Philadelphia Area attained the 1997 8-
hour ozone NAAQS by its June 15, 2011 attainment date.
    On March 11, 2011 (76 FR 13289), EPA issued a 1-year attainment 
date extension (i.e., from June 15, 2010 to June 15, 2011) for the 
Baltimore Area. On February 1, 2012 (77 FR 4901), EPA made a 
determination that the Baltimore Area did not attain the 1997 8-hour 
ozone NAAQS by its June 15, 2011 attainment date, based on quality 
assured, quality controlled, and certified ambient air monitoring data 
for 2008-2010. As a result, in this same rulemaking action EPA 
reclassified the Baltimore Area from moderate to serious nonattainment 
for the 1997 8-hour ozone NAAQS.
    On March 27, 2008 (73 FR 16436), EPA revised the level of the 8-
hour ozone NAAQS from 0.08 ppm to 0.075 ppm. EPA also strengthened the 
secondary 8-hour ozone standard to the level of 0.075 ppm making it 
identical to the revised primary standard. On May 21, 2012 (77 FR 
30088), EPA finalized designations for the 2008 8-hour ozone NAAQS, 
that became effective on July 20, 2012. The 2008 8-hour ozone 
designations included the same three nonattainment areas previously 
designated for the 1997 8-hour ozone NAAQS, but with different 
classifications. The Washington Area and the Philadelphia-Wilmington-
Atlantic City Area were classified as marginal nonattainment and the 
Baltimore Area was classified as moderate nonattainment.

B. Federal Vehicle Standards

    Vehicles sold in the United States are required by the CAA to be 
certified to meet the Federal emission standards or California's 
emission standards. States are forbidden from adopting their own 
standards, but may adopt California's emission standards for which EPA 
has

[[Page 38789]]

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 motor vehicle 
engines. However, EPA may waive that prohibition to any state that 
adopted its own vehicle emission standards prior to March 30, 1966. As 
California was the only state to do so, California has authority under 
the CAA to adopt its own motor 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.'' EPA then must grant a waiver of 
preemption for California's standards, unless the demonstration fails 
to meet specific requirements set forth in section 209 of the CAA 
applicable to such a waiver demonstration.
    Section 177 of the CAA authorizes other states to adopt 
California's standards in lieu of Federal vehicle standards, provided 
the state adopting California's standards does so at least two years 
prior to the model year in which they become effective and that EPA has 
issued a waiver of preemption to California for such standards. 
California emission standards have been traditionally more stringent 
than the EPA requirements, but their structure is similar to that of 
the Federal programs.
    On February 10, 2000 (65 FR 6698), EPA adopted the second tier of 
Federal motor vehicle standards (Federal Tier 2 standards) enacted 
under the CAA. The Federal Tier 2 standards included tailpipe emissions 
standards for passenger vehicles and light duty trucks and gasoline 
sulfur standards. The standards were phased-in between the 2004 and 
2007 model years, except in states that had formally adopted 
California's emission standards in lieu of the Federal standards.
    On May 7, 2010 (75 FR 25324), EPA and the National Highway Traffic 
Safety Administration (NHTSA), an agency under the Department of 
Transportation (DOT), 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-duty trucks, and medium-duty passenger vehicles 
sold in model years 2012 through 2016. EPA adopted the GHG emissions 
standards under the CAA, while NHTSA, as part of DOT, adopted standards 
related to fuel economy, the Corporate Average Fuel Economy (CAFE) 
standards, under the Energy Policy and Conservation Act (EPCA). Under 
this national program, adopted in coordination with California, 
automobile manufacturers face a single set of national emissions 
standards to meet both Federal and California emissions requirements.
    On October 15, 2012 (77 FR 62624), EPA and NHTSA issued a joint 
final rule to further reduce GHG emissions and improve fuel economy for 
light-duty vehicles for model years 2017 and beyond. This rule extended 
the previous national program beyond 2016 by tightening GHG for model 
years 2017 to 2025 and the CAFE standards between model years 2017 and 
2021. The rule continued to apply to passenger cars, light-duty trucks, 
and medium-duty passenger vehicles sold in the applicable model years.
    EPA's GHG standards are based on carbon dioxide (CO2) 
emissions-footprint curves, where each vehicle has a different 
CO2 emissions compliance target depending on its footprint 
value (related to the size of the vehicle). Generally, the larger the 
vehicle footprint, the higher the corresponding vehicle CO2 
emissions target. As a result, the burden of compliance was distributed 
across all vehicles and all manufacturers. The CAFE program required 
vehicle manufacturers to comply with the gas mileage, or fuel economy, 
standards set by the DOT.
    On March 3, 2014, EPA signed a final rule adopting Tier 3 Motor 
Vehicle Emission and Fuel Standards. The Federal Tier 3 program 
establishes more stringent Federal vehicle emissions standards and 
lowers the sulfur content of gasoline for new cars in states subject to 
the Federal program, beginning in model year 2017. The Federal Tier 3 
vehicle program will reduce both tailpipe and evaporative emissions 
from passenger cars, light-duty trucks, medium-duty passenger vehicles, 
and some heavy-duty vehicles. The gasoline sulfur standard will enable 
more stringent vehicle emissions standards and will make emissions 
control systems more effective. The tailpipe standards include 
different phase-in schedules that vary by vehicle class but generally 
phase in between model years 2017 and 2025. The Tier 3 standards are 
closely harmonized with California LEV Tier III standards as well as 
with Federal and California GHG emission standards for light-duty 
vehicles.

C. California's 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 vehicle emission standards program is referred 
to as the California Low Emissions Vehicle Program (CA LEV program). 
These LEV standards were phased-in beginning in model year 1994 through 
model year 2003. In 1999, California adopted a second generation of CA 
LEV standards, known as CA LEV II. CA LEV II was phased-in beginning 
with 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).
    In December 2000, CARB modified the CA 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. In 2006, CARB adopted technical amendments to its CA LEV II 
program that amended 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 aligned each of California's test procedures and 
label requirements with its Federal counterpart, in an effort to 
streamline and harmonize the California and Federal Tier 2 programs and 
to reduce manufacturer testing burdens and increase in-use compliance. 
On July 30, 2010 (75 FR 44948), EPA published a Federal Register notice 
confirming that CARB's 2006 technical amendments were within-the-scope 
of existing waivers of preemption for the CA LEV II program.
    The CA 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, particulate matter (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). In between, 
the CA 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-

[[Page 38790]]

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 CA 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 the 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 CA 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 CA 
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 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 Program is contained in the California Code of 
Regulations (CCR), Title 13 ``Motor Vehicles,'' Division 3 ``Air 
Resources Board.''

D. Maryland's Low Emissions Vehicle Program

    In order to address ambient air quality in the State, Maryland's 
legislature adopted and the Governor signed the Maryland Clean Cars Act 
of 2007, the purpose of which was to implement California's motor 
vehicle emission standards. This statute compelled the adoption by MDE 
on November 19, 2007 of a rule to implement CA LEV II standards. This 
rule established Maryland regulatory chapter COMAR 26.11.34, entitled 
``Low Emission Vehicle Program'' (also referred to as Maryland Clean 
Car Program), which became effective in Maryland on December 17, 2007. 
Since originally adopted, Maryland has revised its LEV program in 2009 
and 2011 to reflect updates by California to the CA LEV II program. 
Maryland submitted these changes to EPA as SIP revisions, which EPA 
approved into Maryland's SIP. See 78 FR 34911 (June 11, 2013).
    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 Maryland Clean Car Program requires all 2011 and newer 
model year passenger cars, light-duty trucks, and medium-duty vehicles 
having a GVWR of 14,000 pounds or less that are sold as new cars or are 
transferred in Maryland to meet the applicable California emissions 
standards. For purposes of the Maryland 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 Revision

    Since Maryland last adopted California's vehicle standards in 2011, 
California has updated its rules to adopt its Advanced Clean Cars 
Program. As mentioned previously, on June 9, 2013 (78 FR 2112), EPA 
granted a Federal preemption waiver for California's Advanced Clean 
Cars Program. Maryland adopted California's updates to portions of CCR 
Title 13, Division 3 by amending COMAR 26.11.34.02 on February 6, 2013 
(40:4 Md R. 347), as proposed on November 30, 2012 (39:24 Md. R. 1587-
1590). These amendments became state-effective on March 4, 2013.
    On August 1, 2013, Maryland submitted as a SIP revision the state-
adopted amendments to the Maryland LEV Program rule, with exception of 
CCR, Title 13, Division 3, Section 2030 ``Liquefied Petroleum Gas or 
Natural Gas Retrofit Systems,'' effective on February 13, 2010. The 
purpose of this SIP revision is for Maryland to update its 
incorporation by reference provisions, under COMAR 26.11.34.02, to 
adopt the CA LEV III program. This SIP revision will replace in its 
entirety the existing regulation COMAR 26.11.34.02 as approved in the 
SIP on June 11, 2013. See 78 FR 34911. A list of California's 
regulations being incorporated by reference is included as part of 
Maryland's notice of proposed action dated November 30, 2012 (39:24 Md. 
R. 1587-1590), which is included in the State submittal and available 
online at www.regulations.gov, Docket ID No. EPA-R03-OAR-2014-0310.
    The proposed SIP revision includes Maryland's revised Clean Car 
Program rules that adopt by reference California's Advanced Clean Car 
Program approved by CARB in 2012. These amendments are important for 
purposes of making sure Maryland's rules are consistent with those of 
California, and thus in compliance with Maryland's requirement under 
section 177 of the CAA.
    As explained earlier, the California Advanced Clean Cars Program 
includes changes to CA LEV II, GHG, and ZEV standards, all of which 
have been adopted by Maryland. The California Advanced Clean Cars 
Program regulates criteria pollutants, and requires that all new 2017 
and subsequent model year vehicles transferred (including titled and 
registered) in the State of Maryland be certified to meet the new 
California emission standards. The CA LEV III emission standards will 
be phased-in from 2017-2025. Maryland's update to its Clean Car Program 
will result in a further reduction of ozone precursors emissions of 
NOX and VOCs, as well as air toxic and GHG emissions beyond 
the State's current, SIP-approved program.

III. Final Action

    EPA is approving a SIP revision submitted by Maryland on August 1, 
2013. The SIP revision amends the Maryland Low Emission Vehicle 
Program, in regulation COMAR 26.11.34.02, to incorporate by reference 
California's Advanced Clean Car Program. Maryland's adoption of 
California's vehicle standards is authorized by section 177 of the CAA, 
and will ensure that Maryland's Low Emission Vehicle Program continues 
to be the same as California's Low Emission Vehicle program. 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 today's 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 8, 2014, without further notice unless EPA 
receives adverse comment by August 8, 2014. 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.

[[Page 38791]]

IV. 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 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).

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 8, 2014. 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 action. This rulemaking action to revise the Maryland Low 
Emissions Vehicle 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.

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

    Dated: June 13, 2014.
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 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
----------------------------------------------------------------------------------------------------------------
                                                            State                                Additional
 Code of Maryland  Administrative      Title/subject      effective    EPA  approval  date  explanation/citation
  Regulations  (COMAR) citation                              date                             at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     26.11.34 Low Emissions Vehicle Program
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.34.02 with exception.......  Incorporation by         03/04/13  07/09/14 [Insert      Update to
                                    Reference.                         Federal Register      incorporate by
                                                                       citation].            reference
                                                                                             California's
                                                                                             Advanced Clean Car
                                                                                             Program rules, with
                                                                                             exception of Title
                                                                                             13, California Code
                                                                                             of Regulations
                                                                                             (CCR), Division 3,
                                                                                             Chapter 2, Article
                                                                                             5, Sec.   2030.
 
                                                  * * * * * * *
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[FR Doc. 2014-15886 Filed 7-8-14; 8:45 am]
BILLING CODE 6560-50-P