[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Proposed Rules]
[Pages 14671-14672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05316]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 523, 531, 533, 536 and 537
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 86
Notice of Intention To Reconsider the Final Determination of the
Mid-Term Evaluation of Greenhouse Gas Emissions Standards for Model
Year 2022-2025 Light Duty Vehicles
AGENCY: Environmental Protection Agency (EPA) and Department of
Transportation's (DOT) National Highway Traffic Safety Administration
(NHTSA).
ACTION: Notice of intent.
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SUMMARY: EPA announces its intention to reconsider the Final
Determination of the Mid-Term Evaluation of greenhouse gas (GHG)
standards for model year (MY) 2022-2025 light-duty vehicles and to
coordinate its reconsideration with the parallel process to be
undertaken by the DOT's NHTSA regarding Corporate Average Fuel Economy
(CAFE) standards for cars and light trucks for the same model years.
DATES: March 22, 2017.
FOR FURTHER INFORMATION CONTACT: William Charmley, Office of
Transportation and Air Quality, U.S. Environmental Protection Agency,
Fuel Emissions Laboratory/OAR, 2565 Plymouth Road, Ann Arbor, MI 48105,
telephone (734) 214-4466. Email: [email protected] and Rebecca
Schade, Office of the Chief Counsel, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone: (202) 366-2992.
SUPPLEMENTARY INFORMATION: By this notice, EPA announces its intention
to reconsider its Final Determination of the Mid-Term Evaluation of GHG
standards for MY 2022-2025 light-duty vehicles. The EPA has inherent
authority to reconsider past decisions and to revise, replace or repeal
a decision to the extent permitted by law and supported by a reasoned
explanation. FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515
(2009). In 2012, EPA committed to continuing to coordinate development
of its Clean Air Act (CAA) section 202(a)(1) (42 U.S.C. 7521(a))
emission standards with NHTSA's development of CAFE standards for
light-duty vehicles, but did not do so in development and publication
of EPA's January 12, 2017 Midterm Evaluation of standards conducted
under 40 CFR 86.1818-12(h) of EPA's regulations. EPA now announces it
will reconsider that determination in coordination with NHTSA.
The Mid-Term Evaluation was established to review standards set in
a 2012 joint rulemaking by the EPA and NHTSA, which set federal GHG
emissions and CAFE standards for MY 2017 and beyond for light-duty
vehicles. 2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas
Emissions and Corporate Average Fuel Economy Standards, Final Rule, 77
FR 62624 (Oct. 15, 2012). These standards, codified for EPA at 40 CFR
86.1818-12, apply to passenger cars, light-duty trucks, and medium-duty
passenger vehicles (i.e., sport utility vehicles, cross-over utility
vehicles and light trucks), collectively referred to in this notice as
light-duty vehicles.
The EPA and NHTSA finalized separate sets of standards under their
respective statutory authorities. EPA set GHG standards (including
standards for emissions of carbon dioxide (CO2), nitrous
oxide, methane and air conditioning refrigerants) for MY 2017-2025
passenger cars and light-trucks under section 202(a) of the CAA. NHTSA
sets national CAFE standards under the Energy Policy and Conservation
Act (EPCA), as amended by the Energy Independence and Security Act
(EISA) of 2007 (49 U.S.C. 32902). NHTSA set final CAFE standards for MY
2017-2021 light-duty vehicles and issued augural standards for MYs
2022-2025.
The 2012 rulemaking establishing these standards included a
regulatory requirement for the EPA to conduct a Mid-Term Evaluation of
the GHG standards established for MYs 2022-2025. 77 FR 62625 (October
15, 2012), codified at 40 CFR 86.1818-12(h). In July 2016, EPA, NHTSA,
and the California Air Resources Board (CARB) released for public
comment a jointly prepared Draft Technical Assessment Report, which
examined a range of issues relevant to GHG emissions and CAFE standards
for MYs 2022-2025. 81 FR 49217 (July 27, 2016). In November, 2016, EPA
issued a proposed determination for the Mid-Term Evaluation. 81 FR
87927 (Dec. 6, 2016). On January 12, 2017, the EPA
[[Page 14672]]
Administrator signed the Final Determination of the Mid-Term Evaluation
of light-duty vehicle GHG emissions standards for MYs 2022- 2025.
Under 40 CFR 86.1818-12(h), no later than April 1, 2018, the EPA
Administrator must determine whether the GHG standards previously
established under 40 CFR 86.1818-12(c) for MYs 2022-2025 are
appropriate under section 202(a) of the CAA, in light of the record
then before the Administrator. Given that CO2 makes up the
vast majority of the GHGs that EPA regulates under section 202(a), and
given that the technologies available for regulating CO2
emissions do so by improving fuel economy (which NHTSA regulates under
EPCA/EISA), NHTSA's views with regard to what CAFE standards would be
maximum feasible for those model years is an appropriate consideration
in EPA's determining what GHG standards would be appropriate under the
CAA. See 40 CFR 86.1818-12(h)(1)(vii) (listing as one of the factors
EPA should consider in the Mid-Term Evaluation ``[t]he impact of the
greenhouse gas emission standards on the Corporate Average Fuel Economy
standards and a national harmonized program''). However, NHTSA has not
yet considered what CAFE standards would be the maximum feasible
standards for MYs 2022-2025. Accordingly, EPA has concluded that it is
appropriate to reconsider its Final Determination in order to allow
additional consultation and coordination with NHTSA in support of a
national harmonized program.
For its part, NHTSA will continue to engage with stakeholders as it
works to develop a Notice of Proposed Rulemaking to set CAFE standards
for MYs 2022-2025. As explained in the 2012 final rule, this proposal
will be part of ``a de novo rulemaking conducted . . . with fresh
inputs and a fresh consideration and balancing of all relevant factors,
based on the best and most current information before the agency at
that time.'' 77 FR 62652. A final rule for MY 2022 is statutorily
required to be issued by NHTSA by April 1, 2020.
In accord with the schedule set forth in EPA's regulations, the EPA
intends to make a new Final Determination regarding the appropriateness
of the MY 2022-2025 GHG standards no later than April 1, 2018.
Dated: March 3, 2017.
Elaine L. Chao,
Secretary, Department of Transportation.
Dated: March 3, 2017.
E. Scott Pruitt,
Administrator, Environmental Protection Agency.
[FR Doc. 2017-05316 Filed 3-21-17; 8:45 am]
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