[Code of Federal Regulations]
[Title 40, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR51.120]
[Page 149-151]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS--Table of Contents
Subpart G--Control Strategy
Sec. 51.120 Requirements for State Implementation Plan revisions relating
to new motor vehicles.
(a) The EPA Administrator finds that the State Implementation Plans
(SIPs) for the States of Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode
Island, and Vermont, the portion of Virginia included (as of November
15, 1990) within the Consolidated Metropolitan Statistical Area that
includes the District of Columbia, are substantially inadequate to
comply with the requirements of section 110(a)(2)(D) of the Clean Air
[[Page 150]]
Act, 42 U.S.C. 7410(a)(2)(D), and to mitigate adequately the interstate
pollutant transport described in section 184 of the Clean Air Act, 42
U.S.C. 7511C, to the extent that they do not provide for emission
reductions from new motor vehicles in the amount that would be achieved
by the Ozone Transport Commission low emission vehicle (OTC LEV) program
described in paragraph (c) of this section. This inadequacy will be
deemed cured for each of the aforementioned States (including the
District of Columbia) in the event that EPA determines through
rulemaking that a national LEV-equivalent new motor vehicle emission
control program is an acceptable alternative for OTC LEV and finds that
such program is in effect. In the event no such finding is made, each of
those States must adopt and submit to EPA by February 15, 1996 a SIP
revision meeting the requirements of paragraph (b) of this section in
order to cure the SIP inadequacy.
(b) If a SIP revision is required under paragraph (a) of this
section, it must contain the OTC LEV program described in paragraph (c)
of this section unless the State adopts and submits to EPA, as a SIP
revision, other emission-reduction measures sufficient to meet the
requirements of paragraph (d) of this section. If a State adopts and
submits to EPA, as a SIP revision, other emission-reduction measures
pursuant to paragraph (d) of this section, then for purposes of
determining whether such a SIP revision is complete within the meaning
of section 110(k)(1) (and hence is eligible at least for consideration
to be approved as satisfying paragraph (d) of this section), such a SIP
revision must contain other adopted emission-reduction measures that,
together with the identified potentially broadly practicable measures,
achieve at least the minimum level of emission reductions that could
potentially satisfy the requirements of paragraph (d) of this section.
All such measures must be fully adopted and enforceable.
(c) The OTC LEV program is a program adopted pursuant to section 177
of the Clean Air Act.
(1) The OTC LEV program shall contain the following elements:
(i) It shall apply to all new 1999 and later model year passenger
cars and light-duty trucks (0-5750 pounds loaded vehicle weight), as
defined in Title 13, California Code of Regulations, section 1900(b)(11)
and (b)(8), respectively, that are sold, imported, delivered, purchased,
leased, rented, acquired, received, or registered in any area of the
State that is in the Northeast Ozone Transport Region as of December 19,
1994.
(ii) All vehicles to which the OTC LEV program is applicable shall
be required to have a certificate from the California Air Resources
Board (CARB) affirming compliance with California standards.
(iii) All vehicles to which this LEV program is applicable shall be
required to meet the mass emission standards for Non-Methane Organic
Gases (NMOG), Carbon Monoxide (CO), Oxides of Nitrogen (NOX),
Formaldehyde (HCHO), and particulate matter (PM) as specified in Title
13, California Code of Regulations, section 1960.1(f)(2) (and
formaldehyde standards under section 1960.1(e)(2), as applicable) or as
specified by California for certification as a TLEV (Transitional Low-
Emission Vehicle), LEV (Low-Emission Vehicle), ULEV (Ultra-Low-Emission
Vehicle), or ZEV (Zero-Emission Vehicle) under section 1960.1(g)(1) (and
section 1960.1(e)(3), for formaldehyde standards, as applicable).
(iv) All manufacturers of vehicles subject to the OTC LEV program
shall be required to meet the fleet average NMOG exhaust emission values
for production and delivery for sale of their passenger cars, light-duty
trucks 0-3750 pounds loaded vehicle weight, and light-duty trucks 3751-
5750 pounds loaded vehicle weight specified in Title 13, California Code
of Regulations, section 1960.1(g)(2) for each model year beginning in
1999. A State may determine not to implement the NMOG fleet average in
the first model year of the program if the State begins implementation
of the program late in a calendar year. However, all States must
implement the NMOG fleet average in any full model years of the LEV
program.
(v) All manufacturers shall be allowed to average, bank and trade
credits in the same manner as allowed
[[Page 151]]
under the program specified in Title 13, California Code of Regulations,
section 1960.1(g)(2) footnote 7 for each model year beginning in 1999.
States may account for credits banked by manufacturers in California or
New York in years immediately preceding model year 1999, in a manner
consistent with California banking and discounting procedures.
(vi) The provisions for small volume manufacturers and intermediate
volume manufacturers, as applied by Title 13, California Code of
Regulations to California's LEV program, shall apply. Those
manufacturers defined as small volume manufacturers and intermediate
volume manufacturers in California under California's regulations shall
be considered small volume manufacturers and intermediate volume
manufacturers under this program.
(vii) The provisions for hybrid electric vehicles (HEVs), as defined
in Title 13 California Code of Regulations, section 1960.1, shall apply
for purposes of calculating fleet average NMOG values.
(viii) The provisions for fuel-flexible vehicles and dual-fuel
vehicles specified in Title 13, California Code of Regulations, section
1960.1(g)(1) footnote 4 shall apply.
(ix) The provisions for reactivity adjustment factors, as defined by
Title 13, California Code of Regulations, shall apply.
(x) The aforementioned State OTC LEV standards shall be identical to
the aforementioned California standards as such standards exist on
December 19, 1994.
(xi) All States' OTC LEV programs must contain any other provisions
of California's LEV program specified in Title 13, California Code of
Regulations necessary to comply with section 177 of the Clean Air Act.
(2) States are not required to include the mandate for production of
ZEVs specified in Title 13, California Code of Regulations, section
1960.1(g)(2) footnote 9.
(3) Except as specified elsewhere in this section, States may
implement the OTC LEV program in any manner consistent with the Act that
does not decrease the emissions reductions or jeopardize the
effectiveness of the program.
(d) The SIP revision that paragraph (b) of this section describes as
an alternative to the OTC LEV program described in paragraph (c) of this
section must contain a set of State-adopted measures that provides at
least the following amount of emission reductions in time to bring
serious ozone nonattainment areas into attainment by their 1999
attainment date:
(1) Reductions at least equal to the difference between:
(i) The nitrogen oxides (NOX) emission reductions from
the 1990 statewide emissions inventory achievable through implementation
of all of the Clean Air Act-mandated and potentially broadly practicable
control measures throughout all portions of the State that are within
the Northeast Ozone Transport Region created under section 184(a) of the
Clean Air Act as of December 19, 1994; and
(ii) A reduction in NOX emissions from the 1990 statewide
inventory in such portions of the State of 50% or whatever greater
reduction is necessary to prevent significant contribution to
nonattainment in, or interference with maintenance by, any downwind
State.
(2) Reductions at least equal to the difference between:
(i) The VOC emission reductions from the 1990 statewide emissions
inventory achievable through implementation of all of the Clean Air Act-
mandated and potentially broadly practicable control measures in all
portions of the State in, or near and upwind of, any of the serious or
severe ozone nonattainment areas lying in the series of such areas
running northeast from the Washington, DC, ozone nonattainment area to
and including the Portsmouth, New Hampshire ozone nonattainment area;
and
(ii) A reduction in VOC emissions from the 1990 emissions inventory
in all such areas of 50% or whatever greater reduction is necessary to
prevent significant contribution to nonattainment in, or interference
with maintenance by, any downwind State.
[60 FR 4736, Jan. 24, 1995]
[[Page 152]]