[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Proposed Rules]
[Pages 28611-28614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13059]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2013-0089; FRL-9963-87-Region 1]


Air Plan Approval; ME; New Motor Vehicle Emission Standards

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 Maine on August 18, 2015. This SIP revision includes Maine's 
revised regulation for new motor vehicle emission standards. Maine has 
updated its rule to be consistent with various updates made to 
California's low emission vehicle (LEV) program. Maine 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. The intended effect of this action is to propose 
approval of Maine's August 18, 2015 SIP revision. This action is being 
taken under the Clean Air Act.

DATES: Written comments must be received on or before July 24, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2013-0089 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the Web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, 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) 918-1628, fax number (617) 918-
0628, 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
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 18, 2015, the Maine Department of Environmental 
Protection (DEP) submitted a revision to its SIP consisting of Maine's 
amended Chapter 127 ``New Motor Vehicle Emission Standards.'' The 
regulation establishes motor vehicle emission standards for new 
gasoline powered passenger cars, light-duty trucks, medium-duty 
vehicles, as well as for heavy-duty diesel vehicles.
    A prior version of Maine's Chapter 127 is currently in the Maine 
SIP. It was effective in the State of Maine on December 31, 2000 and 
approved by EPA into the SIP on April 28, 2005 (70 FR 21959). The SIP-
approved version of Chapter 127 includes California's LEV I and LEV II 
standards, effective for model years 1994-2003 and 2004-2010, 
respectively. It does not include the California zero emission vehicle 
(ZEV) mandate for Maine.
    Since that time, Maine has made several revisions to Chapter 127. 
The version included in Maine's August 18, 2015 SIP revision includes 
the following requirements, beyond those previously approved into the 
SIP. The SIP revision includes California's 2007 heavy-duty diesel 
engine (HDDE) emission standards. This was phased in from 2007 through 
2009, with full compliance required for model year 2010 and subsequent 
engines. The California regulations were identical to EPA's HDDE rule 
that requires engines to emit 95% less NOX and 90% less 
particulate matter (PM) than the previous standards.
    Maine's revised regulation also includes requirements for diesel 
fueled auxiliary power units (APUs). APUs are engines, other than the 
main vehicle engine, that could be used for heating or cooling a 
sleeper truck, or powering a refrigerator unit while the main vehicle 
engine is powered down. The amended Chapter 127 allows truck owners to 
install either a California certified or a Federal Tier 4 certified 
APU.\1\
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    \1\ For information on the Federal Tier 4 diesel program see 40 
CFR part 1039.
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    Maine's revised rule also includes the California ZEV program. In 
2003, the California Air Resources Board (CARB) finalized modifications 
to the ZEV program that better aligned the requirements with the status 
of then-available technology development. The updated CARB regulations 
require that 10% of vehicles be ZEVs starting in

[[Page 28612]]

2005, and allow manufacturers to earn and bank credits for those types 
of vehicles produced before 2005. The program also includes an 
``alternative compliance path'' that allowed advanced technology 
partial ZEVs (AT PZEVs) (gasoline electric hybrids) to be used to meet 
ZEV requirements, provided that manufacturers meet a requirement that a 
portion of the motor vehicle fleet be fueled by hydrogen fuel cells. 
The modifications to the ZEV program also broadened the scope of 
vehicles that qualified for meeting a portion of the ZEV sales 
requirement.
    Maine's amended Chapter 127 also reflects changes to California's 
LEV II program that incorporated motor vehicle greenhouse gas (GHG) 
emission standards. These standards apply to model year 2009-2016 
passenger cars, light-duty trucks, and medium-duty passenger vehicles, 
and maintain identical standards with California for all vehicle weight 
classes as required by Section 177 of the CAA. Maine originally adopted 
the vehicle GHG emission standards as part of their overall goal to 
reduce GHG emissions to 1990 levels by 2010, with a further reduction 
of another 10% by 2020.
    Additionally, Maine's revised rule includes California's LEV III, 
updated GHG, and updated ZEV standards and sales requirements. These 
three items were `packaged' together by California as part of its 
Advanced Clean Cars (ACC) program. LEV III standards apply to 2015 and 
subsequent model year vehicles. The LEV III standards will increase the 
stringency of PM and evaporative emission standards, and reduce the 
fleet average hydrocarbon and NOX emissions to achieve super 
ultra-low emissions vehicle (SULEV) standards by 2022. The updated GHG 
rule extends GHG emission standards for all new vehicles up to 10,000 
pounds through 2025 and subsequent model years. The updated ZEV 
regulations apply to any 2018 and subsequent model year passenger cars 
and light-duty trucks.
    Maine's revised rule also requires that vehicles display an 
environmental performance label. Furthermore, the rule requires that 
aftermarket catalytic converters be certified to CARB standards as of 
June 1, 2018.

II. The California LEV Program

    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 regulation (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). In 2012, CARB `packaged' the third 
generation LEV program (LEV III) with updated GHG emission standards 
and ZEV requirements as part of the ACC program. EPA granted California 
a waiver for the ACC program on January 9, 2013 (78 FR 2112).
    The LEV II and LEV III regulations expanded the scope of 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 for LEV II began with the 2004 model year 
and increased in stringency with each vehicle model year. The LEV III 
standards began in 2015 and continue to increase emission stringency 
with each progressive vehicle model year through 2025 and beyond.
    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 and LEV III requirements, large 
or intermediate volume manufacturers must ensure that a certain 
percentage of the passenger cars and 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. One modification allowed 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 partial ZEVs (PZEVs) and AT PZEVs 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 2011 vehicle model year. In a letter dated June 27, 
2012, CARB requested that EPA grant a waiver of preemption that allowed 
updated ZEV regulations as part of the ACC program. These updated ZEV 
regulations will require manufacturers to produce increasing numbers of 
ZEVs and plug-in hybrid electric vehicles in 2018 and subsequent years. 
EPA granted this waiver on January 9, 2013 (78 FR 2112).
    On October 15, 2005, California amended its LEV II program to 
include 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 GHG regulations. On June 30, 2009, EPA granted CARB's 
request for a waiver of CAA preemption to enforce its GHG emission 
standards for new model year 2009 and later motor vehicles (July 8, 
2009; 74 FR 32744-32784). Approval for updated and extended GHG 
emissions was granted by EPA as part of the January 9, 2013 ACC waiver 
(78 FR 2112), which includes regulations that incrementally reduce GHG 
emissions though 2025 and beyond.

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 if EPA makes specified findings, thereby 
allowing California to adopt its own motor vehicle emission standards. 
Furthermore, 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

[[Page 28613]]

hearing and written comment in the 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 
Maine'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 Advanced Clean Car Program and a Within 
the Scope confirmation for California's Zero Emissions Vehicle 
Amendments for 2017 and Earlier Model Years'' (January 9, 2013; 78 FR 
2112-2145). This final rulemaking allows California to strengthen 
standards for LEV regulations and GHG emissions from passenger cars, 
light-duty trucks and medium-duty vehicles. It also allows for 
continuing ZEV regulations by requiring more ZEV manufacturing and 
sales through 2025 and subsequent years.

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) \2\ 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(l).
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    \2\ See EPA's October 29, 2007 letter to Manufacturers regarding 
``Sales of California-certified 2008-2010 Model Year Vehicles 
(Cross-Border Sales Policy),'' with attachments. https://iaspub.epa.gov/otaqpub/display_file.jsp?docid=16888&flag=1.
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    The provisions of section 177 of the CAA require Maine to amend the 
Maine LEV program at such time as the State of California amends its 
California LEV program. Maine has demonstrated its commitment to 
maintain a LEV program through the continued adoption of regulatory 
amendments to Maine's Chapter 127.
    In addition, Maine's August 18, 2015 SIP submittal meets the anti-
backsliding requirements of section 110(l) of the CAA. This SIP 
revision sets new requirements, the California LEV III standards, that 
are more stringent than the California LEV I and LEV II standards 
previously approved into the Maine SIP, and expands program coverage to 
model year vehicles not covered by the California LEV I and LEV II 
standards, and by extension, not previously included in the Maine SIP. 
Maine's revised Chapter 127 also includes increasingly stringent GHG 
emissions and LEV sales requirements that are not currently part of the 
Maine SIP.

IV. Proposed Action

    EPA is proposing to approve, and incorporate into the Maine SIP, 
Maine's revised Chapter 127 ``New Motor Vehicle Standards,'' effective 
in the State of Maine on May 19, 2015, and submitted to EPA on August 
18, 2015. The Maine Vehicle Emission Standards program amendments 
adopted by Maine include: the California LEV II GHG program beginning 
with model year 2009; the California LEV III program beginning with the 
2015 model year; the updated California GHG emission standards 
beginning with model year 2017; and the California ZEV provision 
(updated in 2012). In addition, Maine's amendments include updated HDDE 
and diesel APU emission regulations, and the requirement that all 
aftermarket catalytic converters be CARB certified as of June 1, 2018. 
EPA is proposing to approve Maine's revised Chapter 127 into the Maine 
SIP because EPA has found that the requirements are consistent with the 
CAA.
    In addition, EPA is proposing to remove 40 CFR 52.1035, which was 
promulgated on January 24, 1995 (60 FR 4737). This section states that 
Maine must comply with the requirements of 40 CFR 51.120, which are to 
implement the Ozone Transport Commission (OTC) LEV program. As noted 
above, Maine subsequently adopted the California LEV and LEV II 
program, that was approved by EPA into the SIP on April 28, 2005 (70 FR 
21959). Furthermore, this proposed approval of Maine's revised Chapter 
127, if finalized, will add the even more stringent California LEV III 
standards into Maine's SIP. Thus, Maine has satisfied 40 CFR 52.1035, 
and therefore, EPA is proposing to remove 40 CFR 52.1035 from the CFR. 
In addition, on March 11, 1997, the U.S. Court of Appeals for the 
District of Columbia Circuit vacated the provisions of 40 CFR. 51.120. 
See Virginia v. EPA, 108 F.3d 1397. Because of the vacatur, EPA 
concludes that 40 CFR 52.1035 is, in any event, obsolete.
    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 this 
proposed rule by following the instructions listed in the ADDRESSES 
section of this Federal Register document.

V. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference Maine's Chapter 127, ``New Motor Vehicle Emission 
Standards,'' effective in the State of Maine on May 19, 2015. The EPA 
has made, and will continue to make, these documents generally 
available electronically through http://www.regulations.gov and/or in 
hard copy at the appropriate EPA office.

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, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

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     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: June 5, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-13059 Filed 6-22-17; 8:45 am]
 BILLING CODE 6560-50-P