[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Proposed Rules]
[Pages 31867-31870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13679]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / 
Proposed Rules  

[[Page 31867]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2009-0541; A-1-FRL-9928-72-Region 1]


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

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Rhode Island. The regulations adopted by Rhode Island include 
the California Low Emission Vehicle (LEV) II light-duty motor vehicle 
emission standards effective in model year 2008, the California LEV II 
medium-duty vehicle standards effective in model year 2009, and 
greenhouse gas emission standards for light-duty motor vehicles and 
medium-duty vehicles effective with model year 2009. The Rhode Island 
LEV regulation submitted also includes a zero emission vehicle (ZEV) 
provision. Rhode Island has adopted these revisions to reduce emissions 
of volatile organic compounds (VOC) and nitrogen oxides 
(NOX) in accordance with the requirements of the Clean Air 
Act (CAA), as well as to reduce greenhouse gases (carbon dioxide, 
methane, nitrous oxide, and hydrofluorocarbons). In addition, Rhode 
Island has worked to ensure that their program is identical to 
California's, as required by the CAA. These actions are being taken 
under the Clean Air Act.

DATES: Written comments must be received on or before July 6, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2009-0541 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2009-0541,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 
02109--3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, U.S. Environmental Protection 
Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, 5 Post Office Square--Suite 100, (mail code OEP05-2), 
Boston, MA 02109--3912. Such deliveries are only accepted during the 
Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2009-0541. 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 through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
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 at U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if 
at all possible, you contact the contact listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 p.m., excluding legal holidays.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency; Office of Air Resources, Department of Environmental 
Management, 235 Promenade Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number (617) 918-1660, fax number (617) 918-
0660, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. The California LEV Program
III. Relevant EPA and CAA Requirements
    A. Waiver Process
    B. State Adoption of California Standards
IV. Proposed Action

[[Page 31868]]

V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 5, 2008, the Rhode Island Department of Environmental 
Management (DEM) submitted a revision to its State Implementation Plan 
(SIP) consisting of Rhode Island's amended Air Pollution Control 
Regulation No. 37 (APCR No. 37), ``Rhode Island's Low Emission Vehicle 
Program.'' Rhode Island's amended APCR No. 37, with an effective date 
of December 22, 2005, adopts the California LEV II program. Rhode 
Island first adopted California's LEV I program standards on June 6, 
1996. In 1999, APCR No. 37 was amended to allow automobile 
manufacturers to comply with the National Low Emission Vehicle (NLEV) 
program in lieu of complying with the California LEV program. In 2004, 
Rhode Island adopted California's LEV II standards. In September 2005, 
California amended their LEV II standards to include standards for 
greenhouse gas emissions to apply to model year 2009 and later 
vehicles.
    The December 22, 2005 amendments to Rhode Island's LEV program, 
rescinded both the California LEV I program and the NLEV program. In 
accordance with section 177 of the Clean Air Act (CAA), Rhode Island 
adopted the California LEV II program, including all ``zero emission 
vehicle'' program elements, commencing with 2008 model year vehicles 
and including the California LEV II program standards relating to 
greenhouse gas emissions beginning with 2009 model year vehicles.
    On December 22, 2005, Rhode Island amended APCR No. 37, making 
minor technical corrections and clarifications: adopting California LEV 
II emission standards and related provisions for medium-duty vehicles 
commencing with the 2009 model year, adopting recently announced 
revisions concerning LEV II greenhouse gas emission standards and 
related provisions for passenger cars, light-duty trucks, and medium-
duty passenger vehicles commencing with the 2009 model year in 
accordance with section 177 of the CAA, and providing additional 
clarification and flexibility with respect to the implementation of the 
zero emissions vehicle (ZEV) program in Rhode Island.

II. The California LEV Program

    The California Air Resources Board (CARB) adopted the first 
generation of LEV regulations (LEV I) in 1990, which impacted vehicles 
through the 2003 model year. CARB adopted California's second 
generation LEV regulations (LEV II) following a November 1998 hearing. 
Subsequent to the adoption of the California LEV II program in February 
2000, EPA adopted separate Federal standards known as the Tier 2 
regulations (February 10, 2000; 65 FR 6698). In December 2000, CARB 
modified the California 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).
    The LEV II regulations expanded the scope of the LEV I regulations 
by setting strict fleet-average emission standards for light-duty, 
medium-duty (including sport utility vehicles), and heavy-duty 
vehicles. The standards began with the 2004 model year and increased in 
stringency through the 2010 model year and beyond. The LEV II 
regulations provide flexibility to auto manufacturers by allowing them 
to certify their vehicle models to one of several different emissions 
standards. The different tiers of increasingly stringent LEV II 
emission standards to which a manufacturer may certify a vehicle are: 
Low emission vehicle (LEV), ultra-low emission vehicle (ULEV), super 
ultra-low emission vehicle (SULEV), partial zero emission vehicle 
(PZEV), advanced technology partial zero emission vehicle (ATPZEV), and 
zero emission vehicle (ZEV).
    The manufacturer must show that the 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 are progressively lower 
with each model year. The program also requires auto manufacturers to 
include a ``smog index'' label on each vehicle sold, which is intended 
to inform consumers about the amount of pollution produced by that 
vehicle relative to other vehicles.
    In addition to meeting the LEV II requirements, large or 
intermediate volume manufacturers must ensure that a certain percentage 
of the passenger cars and lightest light-duty trucks that they market 
in California are ZEVs. This is referred to as the ZEV mandate. 
California has modified the ZEV mandate several times since it took 
effect. Most recently, CARB has put in place an alternative compliance 
program (ACP) to provide auto manufacturers with several options to 
meet the ZEV mandate. The ACP established ZEV credit multipliers to 
allow auto manufacturers to take credit for meeting the ZEV mandate by 
selling more PZEVs and ATPZEVs than they are otherwise required to 
sell. On December 28, 2006, EPA granted California's request for a 
waiver of Federal preemption to enforce provisions of the ZEV 
regulations through model year 2011.
    On October 15, 2005, California amended its LEV II program to 
include greenhouse gas (GHG) emission standards for passenger cars, 
light-duty trucks, and medium-duty passenger vehicles. On December 21, 
2005, California requested that EPA grant a waiver of preemption under 
CAA section 209(b) for its greenhouse gas emission regulations. On June 
30, 2009, EPA granted CARB's request for a waiver of CAA preemption to 
enforce its greenhouse gas emission standards for model year 2009 and 
later new motor vehicles (July 8, 2009; 74 FR 32744-32784). This 
decision withdrew and replaced EPA's prior denial of the CARB's 
December 21, 2005 waiver request, which was published in the Federal 
Register on March 6, 2008 (73 FR 12156-12169).

III. 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 shall grant a waiver of the section 209(a) prohibition to 
the State of California unless EPA makes specified findings, thereby 
allowing California to adopt its own motor vehicle emissions standards. 
Other states may adopt California's motor vehicle emission standards 
under section 177 of the CAA.
    For additional information regarding California's motor vehicle 
emission standards and adoption by other states, please see EPA's 
``California Waivers and Authorizations'' Web page at URL address: 
http://www.epa.gov/otaq/cafr.htm. This Web site also lists relevant 
Federal Register notices that have been issued by EPA in response to 
California waiver and authorization requests.

A. Waiver Process

    The CAA allows California to seek a waiver of the preemption which 
prohibits states from enacting emission standards for new motor 
vehicles. EPA must grant this waiver before California's rules may be 
enforced. When California files a waiver request, EPA publishes a 
notice for public hearing and written comment in the

[[Page 31869]]

Federal Register. The written comment period remains open for a period 
of time after the public hearing. Once the comment period expires, EPA 
reviews the comments and the Administrator determines whether the 
requirements for obtaining a waiver have been met.
    According to CAA section 209--State Standards, EPA shall grant a 
waiver unless the Administrator finds that California:

--Was arbitrary and capricious in its finding that its standards are in 
the aggregate at least as protective of public health and welfare as 
applicable Federal standards;
--does not need such standards to meet compelling and extraordinary 
conditions; or
--proposes standards and accompanying enforcement procedures that are 
not consistent with section 202(a) of the CAA.

    The most recent EPA waiver relevant to EPA's proposed approval of 
Rhode Island's LEV program is ``California State Motor Vehicle 
Pollution Control Standards; Notice of Decision Granting a Waiver of 
Clean Air Act Preemption for California's 2009 and Subsequent Model 
Year Greenhouse Gas Emission Standards for New Motor Vehicles'' (July 
8, 2009; 74 FR 32744-32784). This final rulemaking allows California to 
establish standards to regulate greenhouse gas emissions from new 
passenger cars, light-duty trucks and medium-duty vehicles. The four 
new greenhouse gas air contaminants added to California's existing 
regulations for criteria and criteria-precursor pollutants and air 
toxic contaminants are: carbon dioxide (CO2), methane 
(CH4), nitrous oxide (N2O), and 
hydrofluorocarbons (HFCs).

B. State Adoption of California Standards

    Section 177 of the CAA allows other states to adopt and enforce 
California's standards for 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, the state must adopt 
such standards at least two years prior to the commencement of the 
model year to which the standards will apply. EPA issued guidance 
(CISD-07-16) \1\ regarding its cross-border sales policy for 
California-certified vehicles. This guidance includes a list and map of 
states that have adopted California standards, specific to the 2008-
2010 model years. All SIP revisions submitted to EPA for approval must 
also meet the requirements of CAA section 110.
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    \1\ See EPA's October 29, 2007 letter to Manufactures regarding 
``Sales of California-certified 2008-2010 Model Year Vehicles 
(Cross-Border Sales Policy),'' with attachments. Attachment 1--EPA 
Policy on Cross-Border Sales of 2008 to 2010 Model Years California-
Certified Vehicles; Attachment 2--Questions and Answers on EPA's 
Cross Border Sales Policies; and Attachment 3--Updated summary table 
and a set of maps reflecting the status of Section 177 states by 
model year. http://iaspub.epa.gov/otaqpub/display_file.jsp?docid=16888&flag=1.
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    The provisions of section 177 of the CAA require Rhode Island to 
amend the Rhode Island LEV program at such time as the State of 
California amends its California LEV program. Rhode Island has 
demonstrated its commitment to maintain a Rhode Island LEV program 
consistent with the California LEV program through the continuous 
adoption of regulatory amendments to Rhode Island's APCR No. 37. For 
example, an earlier version of APCR No. 37, effective in the State of 
Rhode Island on December 7, 1999, was previously approved into the 
Rhode Island SIP on March 9, 2000 (65 FR 12476).
    In addition, Rhode Island's September 5, 2008 SIP revision meets 
the anti-backsliding requirements of section 110 of the CAA. This SIP 
revision sets new requirements, the California LEV II standards, which 
are more stringent than the California LEV I standards previously 
approved into the SIP, and expands program coverage to model year 
vehicles not covered by the California LEV I standards.
    EPA notes that a number of California Code of Regulations (CCR) 
Title 13 provisions incorporated-by-reference in Rhode Island's APCR 
No. 37 have been amended by California since Rhode Island adopted the 
December 22, 2005 amendments to APCR No. 37 currently being proposed 
for approved. Subsequent revisions to California regulations, and the 
resulting revisions to Rhode Island's APCR No. 37, in accordance with 
section 177 of the CAA, will be addressed by Rhode Island at a later 
date.\2\
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    \2\ On July 17, 2013, Rhode Island adopted revisions to Air 
Pollution Control Regulation No. 37 ``Rhode Island's Low Emission 
Vehicle Program.'' These revisions have not yet been submitted to 
EPA as a SIP revision and are not part of today's action.
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IV. Proposed Action

    EPA is proposing to approve, and incorporate into the Rhode Island 
SIP, Rhode Island's APCR No. 37, Rhode Island's Low Emission Vehicle 
(LEV) program, effective in the State of Rhode Island on December 22, 
2005, and submitted to EPA as a SIP revision on September 5, 2008. The 
Rhode Island LEV program amendments adopted by Rhode Island include: 
the California LEV II light-duty program beginning with model year 
2008; the California LEV II medium-duty vehicle emission standards 
beginning with model year 2009; the California LEV II greenhouse gas 
emission standards for passenger cars, light-duty trucks and medium-
duty passenger vehicles commencing with 2009 model year vehicles; and 
the California ZEV provision. EPA is proposing to approve the Rhode 
Island LEV program requirements into the SIP because EPA has found that 
the requirements are consistent with the CAA.
    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. These comments will be considered 
before taking final action. Interested parties may participate in the 
Federal rulemaking procedure by submitting written comments to the EPA 
New England Regional Office listed in the ADDRESSES section of this 
Federal Register.

V. Incorporation by Reference

    In this rule, the EPA is proposing to finalize regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is proposing the incorporation by reference of 
Rhode Island's Air Pollution Control Regulation No. 37, Rhode Island's 
Low Emission Vehicle (LEV) program, effective in the State of Rhode 
Island on December 22, 2005. The EPA has made, and will continue to 
make, these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act 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 Clean Air Act. 
Accordingly, this proposed 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 Orders 12866 (58 
FR 51735,

[[Page 31870]]

October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 Clean Air Act; 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 20, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2015-13679 Filed 6-3-15; 8:45 am]
 BILLING CODE 6560-50-P