[Federal Register: December 23, 2002 (Volume 67, Number 246)]
[Rules and Regulations]
[Page 78179-78181]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de02-12]
[[Page 78179]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MA087-7215a; A-1-FRL-7418-7]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Low Emission Vehicle Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Massachusetts on August 9, 2002 and
August 26, 2002. The SIP revision amends the Massachusetts Low Emission
Vehicle (LEV ) program that is currently contained in the federally-
approved SIP by replacing it with a revised version of the LEV program
adopted on December 24, 1999. EPA proposed to approve this on October
15, 2002 (67 FR 63583), and received comments from five parties, four
of which supported the action fully and one of which outlined some
concerns. The regulations adopted by Massachusetts now include the
California LEV II motor vehicle emission standards effective in model
year 2004, the California LEV I medium-duty standards effective in
model year 2003 and the smog index label specification effective in
model year 2002. Massachusetts 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). In addition, Massachusetts has worked to ensure that its
motor vehicle emission program is identical to California's, as
required by section 177 of the CAA. EPA is approving the revised
version Massachusetts LEV program adopted on December 24, 1999, with
the exception of the zero emission vehicle (ZEV) program. This action
is being taken under section 110 of the Clean Air Act.
EFFECTIVE DATE: This rule will become effective on January 22, 2003.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours, by
appointment at the Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA-New England, One Congress Street, 11th floor,
Boston, MA and the Division of Air Quality Control, Department of
Environmental Protection, One Winter Street, 8th Floor, Boston, MA
02108.
FOR FURTHER INFORMATION CONTACT: Robert C. Judge, (617) 918-1045, or
judge.robert@epa.gov.
SUPPLEMENTARY INFORMATION: On October 15, 2002 (67 FR 63583), EPA
published a Notice of Proposed Rulemaking (NPR) for the Commonwealth of
Massachusetts, and received comments that are summarized and responded
to below. EPA is now approving a SIP revision submitted by the
Commonwealth of Massachusetts on August 9, 2002 and August 26, 2002
which amends the Massachusetts LEV I Program that is currently
contained in the federally-approved SIP by replacing it with a revised
version of the LEV program. As discussed in the NPR for this action,
EPA is not taking action on Massachusetts ZEV program at this time.
Under section 177 of the CAA, States adopting California's motor
vehicle emission standards must adopt standards that are identical to
California standards. The ZEV program, which California has intended to
work in conjunction with the California LEV program, has undergone
several modifications through the years in California. In response,
Massachusetts has made several changes to their ZEV program in attempts
to ensure their program is consistent with California. In fact, the
Commonwealth has made changes regarding ZEV requirements since the time
it adopted the rule that is currently before EPA. Nevertheless, the
Massachusetts revised LEV program is designed to be a comprehensive
program which will secure those emission reductions that are necessary
for Massachusetts' attainment demonstration for the one-hour ozone
NAAQS. For that reason, and since the emission reductions from the
California program are controlled by the fleet average hydrocarbon
curve and other similar measures, and can be achieved without any
specific ZEV sales requirements, we are approving the Massachusetts LEV
rules adopted on December 24, 1999 without taking action on or
approving the Massachusetts ZEV program at this time. In the case of
sections 310 CMR 7.40(2)(a)6, 310 CMR 7.40(2)(c)3, 310 CMR 7.40(10),
and 310 CMR 7.40(12), EPA was not requested to take action. For section
310 CMR 7.40(2)(a)5, which establishes ZEV requirements beginning in
model year 2003, EPA is not taking any action at this time but intends
to do so in the future through the appropriate rulemaking process as
the manufacturers' requirements for ZEVs in California, and
Massachusetts, become clarified. EPA will conduct full notice and
comment rulemaking on the ZEV portion of the Massachusetts program when
those requirements become clarified since those provisions have not
been acted on in this rulemaking, or in the October 15, 2002 proposed
rulemaking. Other details of EPA's proposed rulemaking were outlined in
the Federal Register and will not be restated here.
I. Comments on the Proposed Rulemaking
As stated above, EPA sought public comment on this action and five
parties submitted comments. First, two members of the general public
submitted comments by which they expressed support for EPA's action to
approve the Massachusetts low emission vehicle program as a means to
get cleaner air. Next, the Appalachian Mountain Club (AMC), which
comprises some 93,000 members, and the Massachusetts Public Interest
Research Group (MASSPIRG) provided comments and were supportive of the
Massachusetts LEV program. Both organizations also expressed support
for Massachusetts intentions to require ZEVs as a way to advance zero
emission vehicle technology. AMC explicitly recognized that EPA was not
acting on ZEV provisions in this rulemaking. Lastly, the Alliance of
Automobile Manufacturers (``the Alliance'') expressed some concerns and
sought clarification of the action, particularly as it relates to the
ZEV requirements of the Massachusetts program.
The Alliance expressed concern that this action appeared to
conflict with another EPA proposed action which was published on
October 15, 2002 (67 FR 63586) and that included a reference to
approving the California LEV II program that might suggest inclusion of
the ZEV program. To be clear, as stated in the NPR for this action, EPA
is approving the Massachusetts LEV program adopted on December 24,
1999, with the exception of the ZEV program. The emission reductions
associated with the Massachusetts LEV program that EPA is approving are
assumed in the Massachusetts demonstration of attainment, and are
necessary for attainment. These emission reduction estimates are
determined by the MOBILE6 model for mobile source emission inventory
estimations, which was peer and publicly reviewed, and represents our
best estimate of the emission reductions from the program. At this
time, for reasons outlined in the notice of proposed rulemaking for
this action, EPA is not taking any action on the Massachusetts ZEV
program. All portions of the previously federally-
[[Page 78180]]
approved Massachusetts LEV I program, including those related to ZEVs,
are being replaced by this action.
Although several parties discussed the ZEV program in their
comments, EPA was clear that no action was being considered for the ZEV
portions of the Massachusetts LEV program at this time. EPA will take
action on the ZEV portions of the Massachusetts program in the future
when Massachusetts adopts and submits to EPA a ZEV program consistent
with the California ZEV program. Any action in the future on the ZEV
portion of the Massachusetts program will be through full notice and
comment rulemaking.
The Alliance went on to comment that it did not agree with
Massachusetts', nor presumably California's, plans to mandate advanced
technology vehicles. Again, EPA is not acting on the ZEV portion of the
Massachusetts rule, but believes that Massachusetts does have the right
under section 177, to adopt all portions of a California program which
is adopted in accordance with the provisions of section 209 of the
Clean Air Act.
II. Final Action
EPA is approving a SIP revision at the request of the Massachusetts
DEP which was adopted on December 24, 1999. It was submitted to EPA for
approval on August 9, 2002. That submittal was later clarified by
Massachusetts on August 26, 2002 to exclude certain sections of their
ZEV program from consideration. In addition, for the reasons outlined
above, at this time we are not taking action on section 310 CMR
7.40(2)(a)5 which includes ZEV requirements beginning in model year
2003. As such, we are approving all of 310 CMR 7.40, the ``Low Emission
Vehicle Program'' except for 310 CMR 7.40(2)(a)5, 310 CMR 7.40(2)(a)6,
310 CMR 7.40(2)(c)3, 310 CMR 7.40(10), and 310 CMR 7.40(12). The
regulations adopted by Massachusetts now include the California LEV II
motor vehicle emission standards effective in model year 2004, the
California LEV I medium-duty standards effective in model year 2003,
and the smog index label specification effective model year 2002. This
approval will secure all of the emission reductions of the current
California LEV standards for light and medium duty vehicles. EPA is
approving Massachusetts' low emission vehicle program requirements into
the SIP because EPA has found that the requirements are necessary for
Massachusetts to achieve the NAAQS for ozone and to reduce emissions of
VOC and NOX from new vehicles in accordance with the
requirements of the CAA.
III. What Are the Administrative 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. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does 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
``Protection of Children from Environmental Health Risks and Safety
Risks'' (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. 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.)
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. 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).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 21, 2003. 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,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
[[Page 78181]]
Dated: November 26, 2002.
Robert W. Varney,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
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 W--Massachusetts
2. Section 52.1120 is amended by adding paragraph (c)(132) to read
as follows:
Sec. 52.1120 Identification of plan.
* * * * *
(c) * * *
(132) Revisions to the State Implementation Plan regarding the Low
Emission Vehicle Program submitted by the Massachusetts Department of
Environmental Protection on August 9 and August 26, 2002.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 9, 2002, in which it submitted the Low Emission
Vehicle Program adopted on December 24, 1999.
(B) Letter from the Massachusetts Department of Environmental
Protection dated August 26, 2002 which clarified the August 9, 2002
submittal to exclude certain sections of the Low Emission Vehicle
Program from consideration.
(C) December 24, 1999 version of 310 CMR 7.40, the ``Low Emission
Vehicle Program'' except for 310 CMR 7.40(2)(a)5, 310 CMR 7.40(2)(a)6,
310 CMR 7.40(2)(c)3, 310 CMR 7.40(10), and 310 CMR 7.40(12).
3. In section 52.1167, Table 52.1167 is amended by adding new
entries to existing state citations for 310 CMR 7.40 to read as
follows:
Sec. 52.1167 EPA-approved Massachusetts State regulations.
* * * * *
Table 52.1167.--EPA-Approved Rules and Regulations
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Date Date
State citation Title/subject submitted approved Federal Register 52.1120(c) Comments/unapproved
by State EPA citation sections
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* * * * * * *
310 CMR 7.40.................... Low Emission Vehicle 12/24/99 12/23/02 [Insert FR citation 132 ``Low Emission Vehicle
Program. from published date]. Program'' (LEV II) except
for 310 CMR 7.40(2)(a)5,
310 CMR 7.40(2)(a)6, 310
CMR 7.40(2)(c)3, 310 CMR
7.40(10), and 310 CMR
7.40(12)
* * * * * * *
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Notes.
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this
date.
2. The regulations effective statewide unless otherwise in comments or title section.
[FR Doc. 02-32129 Filed 12-20-02; 8:45 am]
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