82_FR_14725 82 FR 14671 - Notice of Intention To Reconsider the Final Determination of the Mid-Term Evaluation of Greenhouse Gas Emissions Standards for Model Year 2022-2025 Light Duty Vehicles

82 FR 14671 - Notice of Intention To Reconsider the Final Determination of the Mid-Term Evaluation of Greenhouse Gas Emissions Standards for Model Year 2022-2025 Light Duty Vehicles

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 54 (March 22, 2017)

Page Range14671-14672
FR Document2017-05316

EPA announces its intention to reconsider the Final Determination of the Mid-Term Evaluation of greenhouse gas (GHG) standards for model year (MY) 2022-2025 light-duty vehicles and to coordinate its reconsideration with the parallel process to be undertaken by the DOT's NHTSA regarding Corporate Average Fuel Economy (CAFE) standards for cars and light trucks for the same model years.

Federal Register, Volume 82 Issue 54 (Wednesday, March 22, 2017) 
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Proposed Rules]
[Pages 14671-14672]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05316]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 523, 531, 533, 536 and 537

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86


Notice of Intention To Reconsider the Final Determination of the 
Mid-Term Evaluation of Greenhouse Gas Emissions Standards for Model 
Year 2022-2025 Light Duty Vehicles

AGENCY: Environmental Protection Agency (EPA) and Department of 
Transportation's (DOT) National Highway Traffic Safety Administration 
(NHTSA).

ACTION: Notice of intent.

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SUMMARY: EPA announces its intention to reconsider the Final 
Determination of the Mid-Term Evaluation of greenhouse gas (GHG) 
standards for model year (MY) 2022-2025 light-duty vehicles and to 
coordinate its reconsideration with the parallel process to be 
undertaken by the DOT's NHTSA regarding Corporate Average Fuel Economy 
(CAFE) standards for cars and light trucks for the same model years.

DATES: March 22, 2017.

FOR FURTHER INFORMATION CONTACT: William Charmley, Office of 
Transportation and Air Quality, U.S. Environmental Protection Agency, 
Fuel Emissions Laboratory/OAR, 2565 Plymouth Road, Ann Arbor, MI 48105, 
telephone (734) 214-4466. Email: [email protected] and Rebecca 
Schade, Office of the Chief Counsel, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; 
telephone: (202) 366-2992.

SUPPLEMENTARY INFORMATION: By this notice, EPA announces its intention 
to reconsider its Final Determination of the Mid-Term Evaluation of GHG 
standards for MY 2022-2025 light-duty vehicles. The EPA has inherent 
authority to reconsider past decisions and to revise, replace or repeal 
a decision to the extent permitted by law and supported by a reasoned 
explanation. FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515 
(2009). In 2012, EPA committed to continuing to coordinate development 
of its Clean Air Act (CAA) section 202(a)(1) (42 U.S.C. 7521(a)) 
emission standards with NHTSA's development of CAFE standards for 
light-duty vehicles, but did not do so in development and publication 
of EPA's January 12, 2017 Midterm Evaluation of standards conducted 
under 40 CFR 86.1818-12(h) of EPA's regulations. EPA now announces it 
will reconsider that determination in coordination with NHTSA.
    The Mid-Term Evaluation was established to review standards set in 
a 2012 joint rulemaking by the EPA and NHTSA, which set federal GHG 
emissions and CAFE standards for MY 2017 and beyond for light-duty 
vehicles. 2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas 
Emissions and Corporate Average Fuel Economy Standards, Final Rule, 77 
FR 62624 (Oct. 15, 2012). These standards, codified for EPA at 40 CFR 
86.1818-12, apply to passenger cars, light-duty trucks, and medium-duty 
passenger vehicles (i.e., sport utility vehicles, cross-over utility 
vehicles and light trucks), collectively referred to in this notice as 
light-duty vehicles.
    The EPA and NHTSA finalized separate sets of standards under their 
respective statutory authorities. EPA set GHG standards (including 
standards for emissions of carbon dioxide (CO2), nitrous 
oxide, methane and air conditioning refrigerants) for MY 2017-2025 
passenger cars and light-trucks under section 202(a) of the CAA. NHTSA 
sets national CAFE standards under the Energy Policy and Conservation 
Act (EPCA), as amended by the Energy Independence and Security Act 
(EISA) of 2007 (49 U.S.C. 32902). NHTSA set final CAFE standards for MY 
2017-2021 light-duty vehicles and issued augural standards for MYs 
2022-2025.
    The 2012 rulemaking establishing these standards included a 
regulatory requirement for the EPA to conduct a Mid-Term Evaluation of 
the GHG standards established for MYs 2022-2025. 77 FR 62625 (October 
15, 2012), codified at 40 CFR 86.1818-12(h). In July 2016, EPA, NHTSA, 
and the California Air Resources Board (CARB) released for public 
comment a jointly prepared Draft Technical Assessment Report, which 
examined a range of issues relevant to GHG emissions and CAFE standards 
for MYs 2022-2025. 81 FR 49217 (July 27, 2016). In November, 2016, EPA 
issued a proposed determination for the Mid-Term Evaluation. 81 FR 
87927 (Dec. 6, 2016). On January 12, 2017, the EPA

[[Page 14672]]

Administrator signed the Final Determination of the Mid-Term Evaluation 
of light-duty vehicle GHG emissions standards for MYs 2022- 2025.
    Under 40 CFR 86.1818-12(h), no later than April 1, 2018, the EPA 
Administrator must determine whether the GHG standards previously 
established under 40 CFR 86.1818-12(c) for MYs 2022-2025 are 
appropriate under section 202(a) of the CAA, in light of the record 
then before the Administrator. Given that CO2 makes up the 
vast majority of the GHGs that EPA regulates under section 202(a), and 
given that the technologies available for regulating CO2 
emissions do so by improving fuel economy (which NHTSA regulates under 
EPCA/EISA), NHTSA's views with regard to what CAFE standards would be 
maximum feasible for those model years is an appropriate consideration 
in EPA's determining what GHG standards would be appropriate under the 
CAA. See 40 CFR 86.1818-12(h)(1)(vii) (listing as one of the factors 
EPA should consider in the Mid-Term Evaluation ``[t]he impact of the 
greenhouse gas emission standards on the Corporate Average Fuel Economy 
standards and a national harmonized program''). However, NHTSA has not 
yet considered what CAFE standards would be the maximum feasible 
standards for MYs 2022-2025. Accordingly, EPA has concluded that it is 
appropriate to reconsider its Final Determination in order to allow 
additional consultation and coordination with NHTSA in support of a 
national harmonized program.
    For its part, NHTSA will continue to engage with stakeholders as it 
works to develop a Notice of Proposed Rulemaking to set CAFE standards 
for MYs 2022-2025. As explained in the 2012 final rule, this proposal 
will be part of ``a de novo rulemaking conducted . . . with fresh 
inputs and a fresh consideration and balancing of all relevant factors, 
based on the best and most current information before the agency at 
that time.'' 77 FR 62652. A final rule for MY 2022 is statutorily 
required to be issued by NHTSA by April 1, 2020.
    In accord with the schedule set forth in EPA's regulations, the EPA 
intends to make a new Final Determination regarding the appropriateness 
of the MY 2022-2025 GHG standards no later than April 1, 2018.

    Dated: March 3, 2017.
Elaine L. Chao,
Secretary, Department of Transportation.

    Dated: March 3, 2017.
E. Scott Pruitt,
Administrator, Environmental Protection Agency.
[FR Doc. 2017-05316 Filed 3-21-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Proposed Rules 14671 ADDRESSES: Submit your comments, Dated: March 7, 2017. 515 (2009). In 2012, EPA committed to identified by Docket ID No. EPA–R04– V. Anne Heard, continuing to coordinate development OAR–2015–0248 at http:// Acting Regional Administrator, Region 4. of its Clean Air Act (CAA) section www.regulations.gov. Follow the online [FR Doc. 2017–05461 Filed 3–21–17; 8:45 am] 202(a)(1) (42 U.S.C. 7521(a)) emission instructions for submitting comments. BILLING CODE 6560–50–P standards with NHTSA’s development Once submitted, comments cannot be of CAFE standards for light-duty edited or removed from Regulations.gov. vehicles, but did not do so in EPA may publish any comment received DEPARTMENT OF TRANSPORTATION development and publication of EPA’s to its public docket. Do not submit January 12, 2017 Midterm Evaluation of National Highway Traffic Safety standards conducted under 40 CFR electronically any information you Administration 86.1818–12(h) of EPA’s regulations. EPA consider to be Confidential Business now announces it will reconsider that Information (CBI) or other information 49 CFR Parts 523, 531, 533, 536 and determination in coordination with whose disclosure is restricted by statute. 537 NHTSA. Multimedia submissions (audio, video, The Mid-Term Evaluation was etc.) must be accompanied by a written ENVIRONMENTAL PROTECTION established to review standards set in a comment. The written comment is AGENCY 2012 joint rulemaking by the EPA and considered the official comment and NHTSA, which set federal GHG should include discussion of all points 40 CFR Part 86 emissions and CAFE standards for MY you wish to make. EPA will generally 2017 and beyond for light-duty vehicles. not consider comments or comment Notice of Intention To Reconsider the 2017 and Later Model Year Light-Duty contents located outside of the primary Final Determination of the Mid-Term Vehicle Greenhouse Gas Emissions and submission (i.e., on the web, cloud, or Evaluation of Greenhouse Gas Corporate Average Fuel Economy other file sharing system). For Emissions Standards for Model Year Standards, Final Rule, 77 FR 62624 additional submission methods, the full 2022–2025 Light Duty Vehicles (Oct. 15, 2012). These standards, EPA public comment policy, AGENCY: Environmental Protection codified for EPA at 40 CFR 86.1818–12, information about CBI or multimedia Agency (EPA) and Department of apply to passenger cars, light-duty submissions, and general guidance on Transportation’s (DOT) National trucks, and medium-duty passenger making effective comments, please visit Highway Traffic Safety Administration vehicles (i.e., sport utility vehicles, (NHTSA). cross-over utility vehicles and light http://www2.epa.gov/dockets/ trucks), collectively referred to in this commenting-epa-dockets. ACTION: Notice of intent. notice as light-duty vehicles. FOR FURTHER INFORMATION CONTACT: SUMMARY: EPA announces its intention The EPA and NHTSA finalized Kelly Sheckler of the Air Regulatory to reconsider the Final Determination of separate sets of standards under their Management Section, Air Planning and the Mid-Term Evaluation of greenhouse respective statutory authorities. EPA set Implementation Branch, Air, Pesticides gas (GHG) standards for model year GHG standards (including standards for and Toxics Management Division, U.S. (MY) 2022–2025 light-duty vehicles and emissions of carbon dioxide (CO2), Environmental Protection Agency, to coordinate its reconsideration with nitrous oxide, methane and air Region 4, 61 Forsyth Street SW., the parallel process to be undertaken by conditioning refrigerants) for MY 2017– the DOT’s NHTSA regarding Corporate 2025 passenger cars and light-trucks Atlanta, Georgia 30303–8960. Mrs. Average Fuel Economy (CAFE) under section 202(a) of the CAA. Sheckler can be reached by telephone at NHTSA sets national CAFE standards (404) 562–9222 or via electronic mail at standards for cars and light trucks for the same model years. under the Energy Policy and sheckler.kelly@epa.gov. Conservation Act (EPCA), as amended DATES: March 22, 2017. SUPPLEMENTARY INFORMATION: In the by the Energy Independence and FOR FURTHER INFORMATION CONTACT: Security Act (EISA) of 2007 (49 U.S.C. Final Rules section of this Federal William Charmley, Office of Register, EPA is approving the NNSR 32902). NHTSA set final CAFE Transportation and Air Quality, U.S. standards for MY 2017–2021 light-duty portion of Georgia’s February 6, 2015 Environmental Protection Agency, Fuel SIP revision as a direct final rule vehicles and issued augural standards Emissions Laboratory/OAR, 2565 for MYs 2022–2025. without prior proposal because the Plymouth Road, Ann Arbor, MI 48105, The 2012 rulemaking establishing Agency views this as a noncontroversial telephone (734) 214–4466. Email: these standards included a regulatory submittal and anticipates no adverse charmley.william@epa.gov and Rebecca requirement for the EPA to conduct a comments. A detailed rationale for the Schade, Office of the Chief Counsel, Mid-Term Evaluation of the GHG approval is set forth in the direct final National Highway Traffic Safety standards established for MYs 2022– rule. If no adverse comments are Administration, 1200 New Jersey 2025. 77 FR 62625 (October 15, 2012), received in response to this rule, no Avenue SE., Washington, DC 20590; codified at 40 CFR 86.1818–12(h). In further activity is contemplated. If EPA telephone: (202) 366–2992. July 2016, EPA, NHTSA, and the receives adverse comments, the direct SUPPLEMENTARY INFORMATION: By this California Air Resources Board (CARB) final rule will be withdrawn and all notice, EPA announces its intention to released for public comment a jointly adverse comments received will be reconsider its Final Determination of the prepared Draft Technical Assessment jstallworth on DSK7TPTVN1PROD with PROPOSALS addressed in a subsequent final rule Mid-Term Evaluation of GHG standards Report, which examined a range of based on this proposed rule. EPA will for MY 2022–2025 light-duty vehicles. issues relevant to GHG emissions and not institute a second comment period The EPA has inherent authority to CAFE standards for MYs 2022–2025. 81 on this document. Any parties reconsider past decisions and to revise, FR 49217 (July 27, 2016). In November, interested in commenting on this replace or repeal a decision to the extent 2016, EPA issued a proposed document should do so at this time. permitted by law and supported by a determination for the Mid-Term reasoned explanation. FCC v. Fox Evaluation. 81 FR 87927 (Dec. 6, 2016). Television Stations, Inc., 556 U.S. 502, On January 12, 2017, the EPA VerDate Sep<11>2014 14:55 Mar 21, 2017 Jkt 241001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\22MRP1.SGM 22MRP1

14672 Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Proposed Rules Administrator signed the Final appropriate under the CAA. See 40 CFR fresh consideration and balancing of all Determination of the Mid-Term 86.1818–12(h)(1)(vii) (listing as one of relevant factors, based on the best and Evaluation of light-duty vehicle GHG the factors EPA should consider in the most current information before the emissions standards for MYs 2022– Mid-Term Evaluation ‘‘[t]he impact of agency at that time.’’ 77 FR 62652. A 2025. the greenhouse gas emission standards final rule for MY 2022 is statutorily Under 40 CFR 86.1818–12(h), no later on the Corporate Average Fuel Economy required to be issued by NHTSA by than April 1, 2018, the EPA standards and a national harmonized April 1, 2020. Administrator must determine whether program’’). However, NHTSA has not the GHG standards previously yet considered what CAFE standards In accord with the schedule set forth established under 40 CFR 86.1818–12(c) would be the maximum feasible in EPA’s regulations, the EPA intends to for MYs 2022–2025 are appropriate standards for MYs 2022–2025. make a new Final Determination under section 202(a) of the CAA, in light Accordingly, EPA has concluded that it regarding the appropriateness of the MY of the record then before the is appropriate to reconsider its Final 2022–2025 GHG standards no later than Administrator. Given that CO2 makes up Determination in order to allow April 1, 2018. the vast majority of the GHGs that EPA additional consultation and Dated: March 3, 2017. regulates under section 202(a), and coordination with NHTSA in support of Elaine L. Chao, given that the technologies available for a national harmonized program. regulating CO2 emissions do so by For its part, NHTSA will continue to Secretary, Department of Transportation. improving fuel economy (which NHTSA engage with stakeholders as it works to Dated: March 3, 2017. regulates under EPCA/EISA), NHTSA’s develop a Notice of Proposed E. Scott Pruitt, views with regard to what CAFE Rulemaking to set CAFE standards for Administrator, Environmental Protection standards would be maximum feasible MYs 2022–2025. As explained in the Agency. for those model years is an appropriate 2012 final rule, this proposal will be [FR Doc. 2017–05316 Filed 3–21–17; 8:45 am] consideration in EPA’s determining part of ‘‘a de novo rulemaking what GHG standards would be conducted . . . with fresh inputs and a BILLING CODE 6560–50–P jstallworth on DSK7TPTVN1PROD with PROPOSALS VerDate Sep<11>2014 14:55 Mar 21, 2017 Jkt 241001 PO 00000 Frm 00031 Fmt 4702 Sfmt 9990 E:\FR\FM\22MRP1.SGM 22MRP1


Document Created: 2017-03-22 03:58:49
Document Modified: 2017-03-22 03:58:49
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
ActionNotice of intent.
DatesMarch 22, 2017.
ContactWilliam Charmley, Office of Transportation and Air Quality, U.S. Environmental Protection Agency, Fuel Emissions Laboratory/OAR, 2565 Plymouth Road, Ann Arbor, MI 48105, telephone (734) 214-4466. Email: [email protected] and Rebecca Schade, Office of the Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone: (202) 366-2992.
FR Citation82 FR 14671 
CFR Citation40 CFR 86
49 CFR 523
49 CFR 531
49 CFR 533
49 CFR 536
49 CFR 537
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