80_FR_31974 80 FR 31867 - Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Rhode Island Low Emission Vehicle Program

80 FR 31867 - Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Rhode Island Low Emission Vehicle Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 107 (June 4, 2015)

Page Range31867-31870
FR Document2015-13679

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 (NO<INF>X</INF>) 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.

Federal Register, Volume 80 Issue 107 (Thursday, June 4, 2015)
[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Proposed Rules]
[Pages 31867-31870]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13679]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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



                                                                                                                                                                                                          31867

                                                      Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                     Vol. 80, No. 107

                                                                                                                                                                     Thursday, June 4, 2015



                                                      This section of the FEDERAL REGISTER                       1. www.regulations.gov: Follow the                  technical difficulties and cannot contact
                                                      contains notices to the public of the proposed          on-line instructions for submitting                    you for clarification, EPA may not be
                                                      issuance of rules and regulations. The                  comments.                                              able to consider your comment.
                                                      purpose of these notices is to give interested             2. Email: arnold.anne@epa.gov.                      Electronic files should avoid the use of
                                                      persons an opportunity to participate in the               3. Fax: (617) 918–0047.                             special characters, any form of
                                                      rule making prior to the adoption of the final
                                                      rules.
                                                                                                                 4. Mail: ‘‘Docket Identification                    encryption, and be free of any defects or
                                                                                                              Number EPA–R01–OAR–2009–0541,’’                        viruses.
                                                                                                              Anne Arnold, U.S. Environmental                           Docket: All documents in the
                                                      ENVIRONMENTAL PROTECTION                                Protection Agency, EPA New England                     electronic docket are listed in the
                                                      AGENCY                                                  Regional Office, Office of Ecosystem                   www.regulations.gov index. Although
                                                                                                              Protection, Air Quality Planning Unit, 5               listed in the index, some information is
                                                      40 CFR Part 52                                          Post Office Square—Suite 100, (Mail                    not publicly available, i.e., CBI or other
                                                                                                              code OEP05–2), Boston, MA 02109—                       information whose disclosure is
                                                      [EPA–R01–OAR–2009–0541; A–1–FRL–                        3912.                                                  restricted by statute. Certain other
                                                      9928–72–Region 1]                                          5. Hand Delivery or Courier. Deliver                material, such as copyrighted material,
                                                                                                              your comments to: Anne Arnold,                         is not placed on the Internet and will be
                                                      Approval and Promulgation of Air                        Manager, Air Quality Planning Unit,                    publicly available only in hard copy
                                                      Quality Implementation Plans; Rhode                     U.S. Environmental Protection Agency,                  form. Publicly available docket
                                                      Island; Rhode Island Low Emission                       EPA New England Regional Office,                       materials are available either
                                                      Vehicle Program                                         Office of Ecosystem Protection, 5 Post                 electronically in www.regulations.gov or
                                                                                                              Office Square—Suite 100, (mail code                    in hard copy at U.S. Environmental
                                                      AGENCY:    Environmental Protection                     OEP05–2), Boston, MA 02109—3912.                       Protection Agency, EPA New England
                                                      Agency.                                                 Such deliveries are only accepted                      Regional Office, Office of Ecosystem
                                                      ACTION:   Proposed rule.                                during the Regional Office’s normal                    Protection, Air Quality Planning Unit, 5
                                                                                                              hours of operation. The Regional                       Post Office Square—Suite 100, Boston,
                                                      SUMMARY:   The Environmental Protection                 Office’s official hours of business are                MA. EPA requests that if at all possible,
                                                      Agency (EPA) is proposing to approve a                  Monday through Friday, 8:30 a.m. to                    you contact the contact listed in the FOR
                                                      State Implementation Plan (SIP)                         4:30 p.m., excluding legal holidays.                   FURTHER INFORMATION CONTACT section to
                                                      revision submitted by the State of Rhode                   Instructions: Direct your comments to               schedule your inspection. The Regional
                                                      Island. The regulations adopted by                      Docket ID No. EPA–R01–OAR–2009–                        Office’s official hours of business are
                                                      Rhode Island include the California Low                 0541. EPA’s policy is that all comments                Monday through Friday, 8:30 a.m. to
                                                      Emission Vehicle (LEV) II light-duty                    received will be included in the public                4:30 p.m., excluding legal holidays.
                                                      motor vehicle emission standards                        docket without change and may be                          In addition, copies of the state
                                                      effective in model year 2008, the                       made available online at                               submittal are also available for public
                                                      California LEV II medium-duty vehicle                   www.regulations.gov, including any                     inspection during normal business
                                                      standards effective in model year 2009,                 personal information provided, unless                  hours, by appointment at the State Air
                                                      and greenhouse gas emission standards                   the comment includes information                       Agency; Office of Air Resources,
                                                      for light-duty motor vehicles and                       claimed to be Confidential Business                    Department of Environmental
                                                      medium-duty vehicles effective with                     Information (CBI) or other information                 Management, 235 Promenade Street,
                                                      model year 2009. The Rhode Island LEV                   whose disclosure is restricted by statute.             Providence, RI 02908–5767.
                                                      regulation submitted also includes a                    Do not submit through                                  FOR FURTHER INFORMATION CONTACT:
                                                      zero emission vehicle (ZEV) provision.                  www.regulations.gov, or email,                         Ariel Garcia, Air Quality Planning Unit,
                                                      Rhode Island has adopted these                          information that you consider to be CBI                U.S. Environmental Protection Agency,
                                                      revisions to reduce emissions of volatile               or otherwise protected. The                            EPA New England Regional Office, 5
                                                      organic compounds (VOC) and nitrogen                    www.regulations.gov Web site is an                     Post Office Square, Suite 100 (mail
                                                      oxides (NOX) in accordance with the                     ‘‘anonymous access’’ system, which                     code: OEP05–2), Boston, MA 02109–
                                                      requirements of the Clean Air Act                       means EPA will not know your identity                  3912, telephone number (617) 918–
                                                      (CAA), as well as to reduce greenhouse                  or contact information unless you                      1660, fax number (617) 918–0660, email
                                                      gases (carbon dioxide, methane, nitrous                 provide it in the body of your comment.                garcia.ariel@epa.gov.
                                                      oxide, and hydrofluorocarbons). In                      If you send an email comment directly                  SUPPLEMENTARY INFORMATION:
                                                      addition, Rhode Island has worked to                    to EPA without going through                           Throughout this document whenever
                                                      ensure that their program is identical to               www.regulations.gov your email address                 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                      California’s, as required by the CAA.                   will be automatically captured and                     EPA.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                      These actions are being taken under the                 included as part of the comment that is                   Organization of this document. The
                                                      Clean Air Act.                                          placed in the public docket and made                   following outline is provided to aid in
                                                                                                              available on the Internet. If you submit               locating information in this preamble.
                                                      DATES: Written comments must be                         an electronic comment, EPA
                                                      received on or before July 6, 2015.                                                                            I. Background and Purpose
                                                                                                              recommends that you include your                       II. The California LEV Program
                                                      ADDRESSES:  Submit your comments,                       name and other contact information in                  III. Relevant EPA and CAA Requirements
                                                      identified by Docket ID Number EPA–                     the body of your comment and with any                     A. Waiver Process
                                                      R01–OAR–2009–0541 by one of the                         disk or CD–ROM you submit. If EPA                         B. State Adoption of California Standards
                                                      following methods:                                      cannot read your comment due to                        IV. Proposed Action



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                                                      31868                    Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Proposed Rules

                                                      V. Incorporation by Reference                           second generation LEV regulations (LEV                 allow auto manufacturers to take credit
                                                      VI. Statutory and Executive Order Reviews               II) following a November 1998 hearing.                 for meeting the ZEV mandate by selling
                                                      I. Background and Purpose                               Subsequent to the adoption of the                      more PZEVs and ATPZEVs than they
                                                                                                              California LEV II program in February                  are otherwise required to sell. On
                                                         On September 5, 2008, the Rhode                      2000, EPA adopted separate Federal                     December 28, 2006, EPA granted
                                                      Island Department of Environmental                      standards known as the Tier 2                          California’s request for a waiver of
                                                      Management (DEM) submitted a                            regulations (February 10, 2000; 65 FR                  Federal preemption to enforce
                                                      revision to its State Implementation                    6698). In December 2000, CARB                          provisions of the ZEV regulations
                                                      Plan (SIP) consisting of Rhode Island’s                 modified the California LEV II program                 through model year 2011.
                                                      amended Air Pollution Control                           to take advantage of some elements of                     On October 15, 2005, California
                                                      Regulation No. 37 (APCR No. 37),                        the Federal Tier 2 regulations to ensure               amended its LEV II program to include
                                                      ‘‘Rhode Island’s Low Emission Vehicle                   that only the cleanest vehicle models                  greenhouse gas (GHG) emission
                                                      Program.’’ Rhode Island’s amended                       would continue to be sold in California.               standards for passenger cars, light-duty
                                                      APCR No. 37, with an effective date of                  EPA granted California a waiver for its                trucks, and medium-duty passenger
                                                      December 22, 2005, adopts the                           LEV II program on April 22, 2003 (68 FR                vehicles. On December 21, 2005,
                                                      California LEV II program. Rhode Island                 19811).                                                California requested that EPA grant a
                                                      first adopted California’s LEV I program                   The LEV II regulations expanded the                 waiver of preemption under CAA
                                                      standards on June 6, 1996. In 1999,                     scope of the LEV I regulations by setting              section 209(b) for its greenhouse gas
                                                      APCR No. 37 was amended to allow                        strict fleet-average emission standards                emission regulations. On June 30, 2009,
                                                      automobile manufacturers to comply                      for light-duty, medium-duty (including                 EPA granted CARB’s request for a
                                                      with the National Low Emission Vehicle                  sport utility vehicles), and heavy-duty                waiver of CAA preemption to enforce its
                                                      (NLEV) program in lieu of complying                     vehicles. The standards began with the                 greenhouse gas emission standards for
                                                      with the California LEV program. In                     2004 model year and increased in                       model year 2009 and later new motor
                                                      2004, Rhode Island adopted California’s                 stringency through the 2010 model year                 vehicles (July 8, 2009; 74 FR 32744–
                                                      LEV II standards. In September 2005,                    and beyond. The LEV II regulations                     32784). This decision withdrew and
                                                      California amended their LEV II                         provide flexibility to auto manufacturers              replaced EPA’s prior denial of the
                                                      standards to include standards for                      by allowing them to certify their vehicle              CARB’s December 21, 2005 waiver
                                                      greenhouse gas emissions to apply to                    models to one of several different                     request, which was published in the
                                                      model year 2009 and later vehicles.                     emissions standards. The different tiers               Federal Register on March 6, 2008 (73
                                                         The December 22, 2005 amendments                     of increasingly stringent LEV II emission              FR 12156–12169).
                                                      to Rhode Island’s LEV program,                          standards to which a manufacturer may
                                                      rescinded both the California LEV I                                                                            III. Relevant EPA and CAA
                                                                                                              certify a vehicle are: Low emission
                                                      program and the NLEV program. In                                                                               Requirements
                                                                                                              vehicle (LEV), ultra-low emission
                                                      accordance with section 177 of the                      vehicle (ULEV), super ultra-low                           Section 209(a) of the CAA prohibits
                                                      Clean Air Act (CAA), Rhode Island                       emission vehicle (SULEV), partial zero                 states from adopting or enforcing
                                                      adopted the California LEV II program,                  emission vehicle (PZEV), advanced                      standards relating to the control of
                                                      including all ‘‘zero emission vehicle’’                 technology partial zero emission vehicle               emissions from new motor vehicles or
                                                      program elements, commencing with                       (ATPZEV), and zero emission vehicle                    new motor vehicle engines. However,
                                                      2008 model year vehicles and including                  (ZEV).                                                 under section 209(b) of the CAA, EPA
                                                      the California LEV II program standards                    The manufacturer must show that the                 shall grant a waiver of the section 209(a)
                                                      relating to greenhouse gas emissions                    overall fleet for a given model year                   prohibition to the State of California
                                                      beginning with 2009 model year                          meets the specified phase-in                           unless EPA makes specified findings,
                                                      vehicles.                                               requirements according to the fleet                    thereby allowing California to adopt its
                                                         On December 22, 2005, Rhode Island                   average non-methane hydrocarbon                        own motor vehicle emissions standards.
                                                      amended APCR No. 37, making minor                       requirement for that year. The fleet                   Other states may adopt California’s
                                                      technical corrections and clarifications:               average non-methane hydrocarbon                        motor vehicle emission standards under
                                                      adopting California LEV II emission                     emission limits are progressively lower                section 177 of the CAA.
                                                      standards and related provisions for                    with each model year. The program also                    For additional information regarding
                                                      medium-duty vehicles commencing                         requires auto manufacturers to include                 California’s motor vehicle emission
                                                      with the 2009 model year, adopting                      a ‘‘smog index’’ label on each vehicle                 standards and adoption by other states,
                                                      recently announced revisions                            sold, which is intended to inform                      please see EPA’s ‘‘California Waivers
                                                      concerning LEV II greenhouse gas                        consumers about the amount of                          and Authorizations’’ Web page at URL
                                                      emission standards and related                          pollution produced by that vehicle                     address: http://www.epa.gov/otaq/
                                                      provisions for passenger cars, light-duty               relative to other vehicles.                            cafr.htm. This Web site also lists
                                                      trucks, and medium-duty passenger                          In addition to meeting the LEV II                   relevant Federal Register notices that
                                                      vehicles commencing with the 2009                       requirements, large or intermediate                    have been issued by EPA in response to
                                                      model year in accordance with section                   volume manufacturers must ensure that                  California waiver and authorization
                                                      177 of the CAA, and providing                           a certain percentage of the passenger                  requests.
                                                      additional clarification and flexibility                cars and lightest light-duty trucks that
                                                                                                              they market in California are ZEVs. This               A. Waiver Process
                                                      with respect to the implementation of
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                                                      the zero emissions vehicle (ZEV)                        is referred to as the ZEV mandate.                       The CAA allows California to seek a
                                                      program in Rhode Island.                                California has modified the ZEV                        waiver of the preemption which
                                                                                                              mandate several times since it took                    prohibits states from enacting emission
                                                      II. The California LEV Program                          effect. Most recently, CARB has put in                 standards for new motor vehicles. EPA
                                                         The California Air Resources Board                   place an alternative compliance                        must grant this waiver before
                                                      (CARB) adopted the first generation of                  program (ACP) to provide auto                          California’s rules may be enforced.
                                                      LEV regulations (LEV I) in 1990, which                  manufacturers with several options to                  When California files a waiver request,
                                                      impacted vehicles through the 2003                      meet the ZEV mandate. The ACP                          EPA publishes a notice for public
                                                      model year. CARB adopted California’s                   established ZEV credit multipliers to                  hearing and written comment in the


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                                                                               Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Proposed Rules                                            31869

                                                      Federal Register. The written comment                   regarding its cross-border sales policy                 LEV program amendments adopted by
                                                      period remains open for a period of time                for California-certified vehicles. This                 Rhode Island include: the California
                                                      after the public hearing. Once the                      guidance includes a list and map of                     LEV II light-duty program beginning
                                                      comment period expires, EPA reviews                     states that have adopted California                     with model year 2008; the California
                                                      the comments and the Administrator                      standards, specific to the 2008–2010                    LEV II medium-duty vehicle emission
                                                      determines whether the requirements                     model years. All SIP revisions                          standards beginning with model year
                                                      for obtaining a waiver have been met.                   submitted to EPA for approval must also                 2009; the California LEV II greenhouse
                                                         According to CAA section 209—State                   meet the requirements of CAA section                    gas emission standards for passenger
                                                      Standards, EPA shall grant a waiver                     110.                                                    cars, light-duty trucks and medium-duty
                                                      unless the Administrator finds that                        The provisions of section 177 of the                 passenger vehicles commencing with
                                                      California:                                             CAA require Rhode Island to amend the                   2009 model year vehicles; and the
                                                      —Was arbitrary and capricious in its                    Rhode Island LEV program at such time                   California ZEV provision. EPA is
                                                         finding that its standards are in the                as the State of California amends its                   proposing to approve the Rhode Island
                                                         aggregate at least as protective of                  California LEV program. Rhode Island                    LEV program requirements into the SIP
                                                         public health and welfare as                         has demonstrated its commitment to                      because EPA has found that the
                                                         applicable Federal standards;                        maintain a Rhode Island LEV program                     requirements are consistent with the
                                                      —does not need such standards to meet                   consistent with the California LEV                      CAA.
                                                         compelling and extraordinary                         program through the continuous                            EPA is soliciting public comments on
                                                         conditions; or                                       adoption of regulatory amendments to                    the issues discussed in this notice or on
                                                      —proposes standards and                                 Rhode Island’s APCR No. 37. For                         other relevant matters. These comments
                                                         accompanying enforcement                             example, an earlier version of APCR No.                 will be considered before taking final
                                                         procedures that are not consistent                   37, effective in the State of Rhode Island              action. Interested parties may
                                                         with section 202(a) of the CAA.                      on December 7, 1999, was previously                     participate in the Federal rulemaking
                                                         The most recent EPA waiver relevant                  approved into the Rhode Island SIP on                   procedure by submitting written
                                                      to EPA’s proposed approval of Rhode                     March 9, 2000 (65 FR 12476).                            comments to the EPA New England
                                                      Island’s LEV program is ‘‘California                       In addition, Rhode Island’s September                Regional Office listed in the ADDRESSES
                                                      State Motor Vehicle Pollution Control                   5, 2008 SIP revision meets the anti-                    section of this Federal Register.
                                                      Standards; Notice of Decision Granting                  backsliding requirements of section 110                 V. Incorporation by Reference
                                                      a Waiver of Clean Air Act Preemption                    of the CAA. This SIP revision sets new
                                                      for California’s 2009 and Subsequent                    requirements, the California LEV II                        In this rule, the EPA is proposing to
                                                      Model Year Greenhouse Gas Emission                      standards, which are more stringent                     finalize regulatory text that includes
                                                      Standards for New Motor Vehicles’’                      than the California LEV I standards                     incorporation by reference. In
                                                      (July 8, 2009; 74 FR 32744–32784). This                 previously approved into the SIP, and                   accordance with requirements of 1 CFR
                                                      final rulemaking allows California to                   expands program coverage to model                       51.5, the EPA is proposing the
                                                      establish standards to regulate                         year vehicles not covered by the                        incorporation by reference of Rhode
                                                      greenhouse gas emissions from new                       California LEV I standards.                             Island’s Air Pollution Control
                                                      passenger cars, light-duty trucks and                      EPA notes that a number of California                Regulation No. 37, Rhode Island’s Low
                                                      medium-duty vehicles. The four new                      Code of Regulations (CCR) Title 13                      Emission Vehicle (LEV) program,
                                                      greenhouse gas air contaminants added                   provisions incorporated-by-reference in                 effective in the State of Rhode Island on
                                                      to California’s existing regulations for                Rhode Island’s APCR No. 37 have been                    December 22, 2005. The EPA has made,
                                                      criteria and criteria-precursor pollutants              amended by California since Rhode                       and will continue to make, these
                                                      and air toxic contaminants are: carbon                  Island adopted the December 22, 2005                    documents generally available
                                                      dioxide (CO2), methane (CH4), nitrous                   amendments to APCR No. 37 currently                     electronically through
                                                      oxide (N2O), and hydrofluorocarbons                     being proposed for approved.                            www.regulations.gov and/or in hard
                                                      (HFCs).                                                 Subsequent revisions to California                      copy at the appropriate EPA office (see
                                                                                                              regulations, and the resulting revisions                the ADDRESSES section of this preamble
                                                      B. State Adoption of California                                                                                 for more information).
                                                                                                              to Rhode Island’s APCR No. 37, in
                                                      Standards
                                                                                                              accordance with section 177 of the                      VI. Statutory and Executive Order
                                                         Section 177 of the CAA allows other                  CAA, will be addressed by Rhode Island                  Reviews
                                                      states to adopt and enforce California’s                at a later date.2
                                                      standards for the control of emissions                                                                            Under the Clean Air Act, the
                                                      from new motor vehicles, provided that,                 IV. Proposed Action                                     Administrator is required to approve a
                                                      among other things, such state standards                                                                        SIP submission that complies with the
                                                                                                                 EPA is proposing to approve, and
                                                      are identical to the California standards                                                                       provisions of the Act and applicable
                                                                                                              incorporate into the Rhode Island SIP,
                                                      for which a waiver has been granted                                                                             Federal regulations. 42 U.S.C. 7410(k);
                                                                                                              Rhode Island’s APCR No. 37, Rhode
                                                      under CAA section 209(b). In addition,                                                                          40 CFR 52.02(a). Thus, in reviewing SIP
                                                                                                              Island’s Low Emission Vehicle (LEV)
                                                      the state must adopt such standards at                                                                          submissions, EPA’s role is to approve
                                                                                                              program, effective in the State of Rhode
                                                      least two years prior to the                                                                                    state choices, provided that they meet
                                                                                                              Island on December 22, 2005, and
                                                      commencement of the model year to                                                                               the criteria of the Clean Air Act.
                                                                                                              submitted to EPA as a SIP revision on
                                                      which the standards will apply. EPA                                                                             Accordingly, this proposed action
                                                                                                              September 5, 2008. The Rhode Island
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                                                      issued guidance (CISD–07–16) 1                                                                                  merely approves state law as meeting
                                                                                                              Attachment 3—Updated summary table and a set of
                                                                                                                                                                      Federal requirements and does not
                                                        1 See EPA’s October 29, 2007 letter to                maps reflecting the status of Section 177 states by     impose additional requirements beyond
                                                      Manufactures regarding ‘‘Sales of California-           model year. http://iaspub.epa.gov/otaqpub/display_      those imposed by state law. For that
                                                      certified 2008–2010 Model Year Vehicles (Cross-         file.jsp?docid=16888&flag=1.                            reason, this proposed action:
                                                      Border Sales Policy),’’ with attachments.                  2 On July 17, 2013, Rhode Island adopted
                                                                                                                                                                        • Is not a significant regulatory action
                                                      Attachment 1—EPA Policy on Cross-Border Sales of        revisions to Air Pollution Control Regulation No. 37
                                                      2008 to 2010 Model Years California-Certified           ‘‘Rhode Island’s Low Emission Vehicle Program.’’
                                                                                                                                                                      subject to review by the Office of
                                                      Vehicles; Attachment 2—Questions and Answers            These revisions have not yet been submitted to EPA      Management and Budget under
                                                      on EPA’s Cross Border Sales Policies; and               as a SIP revision and are not part of today’s action.   Executive Orders 12866 (58 FR 51735,


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                                                      31870                    Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Proposed Rules

                                                      October 4, 1993) and 13563 (76 FR 3821,                 ENVIRONMENTAL PROTECTION                               Monday through Friday, excluding legal
                                                      January 21, 2011);                                      AGENCY                                                 holidays.
                                                         • does not impose an information
                                                                                                              40 CFR Part 80                                         FOR FURTHER INFORMATION CONTACT:    Julia
                                                      collection burden under the provisions
                                                                                                                                                                     MacAllister, Office of Transportation
                                                      of the Paperwork Reduction Act (44
                                                      U.S.C. 3501 et seq.);
                                                                                                              [EPA–HQ–OAR–2015–0111; FRL–9928–76–                    and Air Quality, Assessment and
                                                                                                              OAR]                                                   Standards Division, Environmental
                                                         • is certified as not having a
                                                      significant economic impact on a                                                                               Protection Agency, 2000 Traverwood
                                                                                                              Public Hearing for the 2014, 2015, and
                                                      substantial number of small entities                                                                           Drive, Ann Arbor, MI 48105; telephone
                                                                                                              2016 Standards for the Renewable Fuel
                                                      under the Regulatory Flexibility Act (5                                                                        number: (734) 214–4131; Fax number:
                                                                                                              Standard Program
                                                      U.S.C. 601 et seq.);                                                                                           (734) 214–4816; Email address:
                                                         • does not contain any unfunded                      AGENCY:  Environmental Protection                      macallister.julia@epa.gov.
                                                      mandate or significantly or uniquely                    Agency (EPA).
                                                                                                                                                                     SUPPLEMENTARY INFORMATION:     The
                                                      affect small governments, as described                  ACTION: Announcement of public                         proposal for which EPA is holding the
                                                      in the Unfunded Mandates Reform Act                     hearing.                                               public hearing will be published
                                                      of 1995 (Pub. L. 104–4);                                                                                       separately in the Federal Register. The
                                                         • does not have Federalism                           SUMMARY:   The Environmental Protection
                                                                                                              Agency (EPA) is announcing a public                    pre-publication version can be found at
                                                      implications as specified in Executive                                                                         http://www.epa.gov/otaq/fuels/
                                                      Order 13132 (64 FR 43255, August 10,                    hearing to be held in Kansas City,
                                                                                                              Kansas on June 25, 2015 for the                        renewablefuels/regulations.htm.
                                                      1999);
                                                                                                              proposed rule ‘‘Renewable Fuel                           Public Hearing: The public hearing
                                                         • is not an economically significant
                                                                                                              Standard Program: Standards for 2014,                  will provide interested parties the
                                                      regulatory action based on health or
                                                                                                              2015, and 2016 and Biomass-Based                       opportunity to present data, views, or
                                                      safety risks subject to Executive Order
                                                                                                              Diesel Volume for 2017.’’ This proposed                arguments concerning the proposal
                                                      13045 (62 FR 19885, April 23, 1997);
                                                                                                              rule will be published separately in the
                                                         • is not a significant regulatory action             Federal Register. The pre-publication
                                                                                                                                                                     (which can be found at http://
                                                      subject to Executive Order 13211 (66 FR                                                                        www.epa.gov/otaq/fuels/
                                                                                                              version of this proposal can be found at               renewablefuels/regulations.htm). The
                                                      28355, May 22, 2001);                                   http://www.epa.gov/otaq/fuels/
                                                         • is not subject to requirements of                  renewablefuels/regulations.htm. In the
                                                                                                                                                                     EPA may ask clarifying questions during
                                                      Section 12(d) of the National                                                                                  the oral presentations but will not
                                                                                                              separate notice of proposed rulemaking,
                                                      Technology Transfer and Advancement                                                                            respond to the presentations at that
                                                                                                              EPA has proposed amendments to the
                                                      Act of 1995 (15 U.S.C. 272 note) because                renewable fuel standard program                        time. Written statements and supporting
                                                      application of those requirements would                 regulations that would establish annual                information submitted during the
                                                      be inconsistent with the Clean Air Act;                 percentage standards for cellulosic                    comment period will be considered
                                                      and                                                     biofuel, biomass-based diesel, advanced                with the same weight as any oral
                                                         • does not provide EPA with the                      biofuel, and renewable fuels that would                comments and supporting information
                                                      discretionary authority to address, as                  apply to all gasoline and diesel                       presented at the public hearing. Written
                                                      appropriate, disproportionate human                     produced in the U.S. or imported in the                comments must be received by the last
                                                      health or environmental effects, using                  years 2014, 2015, and 2016. In addition,               day of the comment period, as specified
                                                      practicable and legally permissible                     the separate proposal includes a                       in the notice of proposed rulemaking.
                                                      methods, under Executive Order 12898                    proposed biomass-based diesel
                                                      (59 FR 7629, February 16, 1994).                                                                               How can I get copies of this document,
                                                                                                              applicable volume for 2017.
                                                         In addition, the SIP is not approved                                                                        the proposed rule, and other related
                                                                                                              DATES: The public hearing will be held                 information?
                                                      to apply on any Indian reservation land
                                                                                                              on June 25, 2015 at the location noted
                                                      or in any other area where EPA or an
                                                                                                              below under ADDRESSES. The hearing                       The EPA has established a docket for
                                                      Indian tribe has demonstrated that a
                                                                                                              will begin at 9:00 a.m. and end when all               this action under Docket ID No. EPA–
                                                      tribe has jurisdiction. In those areas of
                                                                                                              parties present who wish to speak have                 HQ–OAR–2015–0111. The EPA has also
                                                      Indian country, the rule does not have
                                                                                                              had an opportunity to do so. Parties                   developed a Web site for the Renewable
                                                      tribal implications and will not impose
                                                                                                              wishing to testify at the hearing should               Fuel Standard (RFS) program, including
                                                      substantial direct costs on tribal
                                                                                                              notify the contact person listed under                 the notice of proposed rulemaking, at
                                                      governments or preempt tribal law as
                                                                                                              FOR FURTHER INFORMATION CONTACT by                     the address given above. Please refer to
                                                      specified by Executive Order 13175 (65
                                                                                                              June 12, 2015. Additional information                  the notice of proposed rulemaking for
                                                      FR 67249, November 9, 2000).
                                                                                                              regarding the hearing appears below                    detailed information on accessing
                                                      List of Subjects in 40 CFR Part 52                      under SUPPLEMENTARY INFORMATION.                       information related to the proposal.
                                                        Environmental protection, Air                         ADDRESSES: The hearing will be held at
                                                                                                              the following location: Jack Reardon                     Dated: May 29, 2015.
                                                      pollution control, Carbon monoxide,
                                                                                                              Center, 520 Minnesota Avenue, Kansas                   Christopher Grundler,
                                                      Incorporation by reference,
                                                      Intergovernmental relations, Lead,                      City, Kansas 66101 (phone number 913–                  Director, Office of Transportation and Air
                                                      Nitrogen dioxide, Ozone, Particulate                    342–7900). A complete set of documents                 Quality, Office of Air and Radiation.
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                                                      matter, Reporting and recordkeeping                     related to the proposal will be available              [FR Doc. 2015–13676 Filed 6–3–15; 8:45 am]
                                                      requirements, Sulfur oxides, Volatile                   for public inspection through the                      BILLING CODE 6560–50–P
                                                      organic compounds.                                      Federal eRulemaking Portal: http://
                                                                                                              www.regulations.gov, Docket ID No.
                                                        Dated: May 20, 2015.                                  EPA–HQ–OAR–2015–0111. Documents
                                                      H. Curtis Spalding,                                     can also be viewed at the EPA Docket
                                                      Regional Administrator, EPA New England.                Center, located at 1301 Constitution
                                                      [FR Doc. 2015–13679 Filed 6–3–15; 8:45 am]              Avenue NW, Room 3334, Washington,
                                                      BILLING CODE 6560–50–P                                  DC between 8:30 a.m. and 4:30 p.m.,


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Document Created: 2015-12-15 15:23:59
Document Modified: 2015-12-15 15:23:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before July 6, 2015.
ContactAriel 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]
FR Citation80 FR 31867 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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