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[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34911-34915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13717]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0511; FRL-9822-6]

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Low Emission Vehicle Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the State of Maryland on December 20, 2007, November 12, 
2010, and June 22, 2011, as amended March

[[Page 34912]]

22, 2013. These SIP revisions pertain to adoption by Maryland of a Low 
Emission Vehicle (LEV) program, which incorporates by reference 
California's second generation Low Emission Vehicle (LEVII) program 
regulations. Maryland's LEV regulations require new 2011 and subsequent 
model year passenger cars, light trucks, and medium-duty vehicles 
having a gross vehicle weight rating (GVWR) of 14,000 pounds or less 
that are sold in Maryland to meet California emission standards. The 
Clean Air Act (CAA) contains authority by which states other than 
California may adopt new motor vehicle emissions standards that are 
identical to California's standards. Maryland's supplemental SIP 
revisions submitted on November 12, 2010 and June 22, 2011 modify its 
program to harmonize with updates by California to its LEVII program 
and Federal GHG standards effective on 2012-2016 model year vehicles. 
The March 22, 2013 SIP amendment withdraws from the SIP revision 
submittal the portion of Maryland's LEV program rule that incorporates 
by reference a provision of California's rule regulating retrofit 
systems for conversion of motor vehicles to use natural gas or 
liquefied petroleum gas in lieu of the fuel on which they were 
originally certified. EPA is approving all of Maryland's LEV Program 
SIP revisions, except for the portion of Maryland's regulation 
withdrawn by Maryland from the SIP on March 22, 2013, in accordance 
with the requirements of the CAA.

DATES: This final rule is effective on July 11, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2012-0511. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (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 through www.regulations.gov or in hard 
copy for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State 
submittal are available at the Maryland Department of the Environment, 
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by 
email at rehn.brian@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 23, 2012 (77 FR 50969), EPA published in the Federal 
Register a notice of proposed rulemaking (NPR) for the State of 
Maryland proposing approval of three SIP revisions related to 
Maryland's LEV program. The first of these Maryland SIP revisions was 
submitted to EPA on December 20, 2007 (07-16) and included 
Maryland's Low Emission Vehicle Program, as adopted by the state in 
2007. On November 12, 2010, Maryland submitted a revision to the 2007 
SIP submittal (10-08) to amend its Clean Car Program rules to 
incorporate changes made by California to its LEV regulations since 
Maryland's initial adoption of the program in 2007. On June 22, 2011, 
Maryland submitted another SIP revision (11-05) consisting of 
updates to Maryland's program regulations adopting additional changes 
made by California to its own rules since Maryland's regulatory changes 
made as part of the 2010 SIP submittal. On March 22, 2013, Maryland 
submitted a letter to EPA formally withdrawing a portion of the SIP 
revision submitted June 22, 2011. Specifically, Maryland requested 
withdrawal of a section of its LEV program rule (COMAR 
26.11.34.02B(17)), which incorporated by reference section 2030 of 
Division 3, Chapter 1, Article 5 of Title 13 of the California Code of 
Regulations for natural gas and liquefied petroleum gas retrofit 
systems.

II. Summary of SIP Revision

    A detailed description of Maryland's and California's Low Emission 
Vehicle program is provided in the NPR published in the Federal 
Register on August 23, 2012 (77 FR 50969), and will not be repeated 
here. However, a brief summary of Maryland's SIP revision is provided 
below.

A. Maryland's Low Emission Vehicle Program

    Maryland adopted into law the Maryland Clean Cars Act of 2007, the 
purpose of which was to implement California's LEV program in Maryland. 
The purpose of doing so was to improve ambient air quality in Maryland. 
This statute compelled the Maryland Department of Environment to adopt 
a rule in November 2007, which established a new Maryland regulatory 
chapter COMAR 26.11.34, entitled ``Low Emission Vehicle Program.''
    The regulation requires that 2011 and newer model year passenger 
cars, light-duty trucks, and medium-duty vehicles (with a GVWR of 
14,000 pounds or less that are sold in Maryland as new cars, or that 
are transferred in Maryland) meet the applicable California LEVII 
emissions standards. The objectives of the program are twofold. The 
first is to reduce emissions of nitrogen oxide (NOX) and 
volatile organic compound (VOC) emissions, which are ground-level ozone 
precursor pollutants. The program relies on decreasing fleet average 
emission standards, applicable to each vehicle manufacturer each year. 
This program uses varying standards established by California, ranging 
from LEV standards to zero emission vehicle (ZEV) standards, which are 
the most stringent standards set. In between these fall: Ultra-Low 
Emission Vehicles (ULEV), Super-Ultra Low Emission Vehicles (SULEV), 
Partial Zero Emission Vehicles (PZEV), and Advanced Technology-Partial 
Zero Emission Vehicles (AT-PZEV). Each manufacturer complies by selling 
a mix of vehicles meeting any of these standards, as long as their 
sales-weighted, overall average of the various standard sets meets the 
overall fleet average and ZEV requirements. Maryland has adopted 
California's second generation of LEV program rules, or LEV II, which 
were approved by California on October 28, 1999, and became effective 
in California on November 27, 1999. Maryland has not adopted or 
submitted to EPA for SIP approval subsequently adopted California 
rules, including California's LEV III program rules.
    The second objective of Maryland's LEV program is to reduce 
greenhouse gas (GHG) emissions from subject new vehicles purchased for 
use in Maryland. The GHG program also makes use of a fleet average 
compliance method (similar in methodology to that of the non-methane 
organic gas (NMOG) fleet average standard portion of the LEV program), 
which serves as a means to reduce ground level ozone and air toxics 
pollution. Overall compliance is demonstrated by showing that the 
entire fleet of vehicles produced by each manufacturer (as distributed 
within the allowable standard sets) meets the specified fleet average 
NMOG and GHG standards.

B. Maryland's Clean Car Program SIP Revisions

    Maryland initially adopted regulations .01 to .14 under COMAR 
26.11.34, which is a new chapter entitled ``Low Emission Vehicle 
Program.'' Maryland formally submitted

[[Page 34913]]

a SIP revision for the Maryland Clean Car Program to EPA on December 
20, 2007.
    Maryland subsequently amended regulation .02 (entitled 
``Incorporation by Reference'') of COMAR 26.11.34 via a proposed state 
action published in the Maryland Register on August 14, 2009, followed 
by a final action published on November 6, 2009. Maryland submitted 
this amendment to EPA as a SIP revision on November 12, 2010.
    Maryland once more amended regulation .02 (Incorporation by 
Reference) of COMAR 26.11.34. Maryland submitted a SIP revision to EPA 
on June 22, 2011 to amend the prior SIP revisions to reflect this most 
recent state regulatory amendment to the Maryland LEV program rule. On 
March 22, 2013, Secretary Summers of the Maryland Department of the 
Environment submitted a letter to EPA's Regional Administrator Shawn 
Garvin formally withdrawing a portion of the June 22, 2011 SIP 
revision.
    The specific requirements and other details of Maryland's LEV 
program SIP revisions and the rationale for EPA's proposed action are 
explained in the NPR and will not be restated here. EPA received 
adverse comments during the public comment period on our August 23, 
2012 NPR. A summary of those comments and EPA's responses are provided 
in Section III of this action.

III. Summary of Public Comments and EPA Responses

    Comment: The commenter challenges Maryland's authority to adopt, by 
reference, California's motor vehicle regulations for alternative fuel 
aftermarket systems, found in California's Code of Regulations (CCR), 
at 13 CCR 2030. The commenter argues that the authority in section 177 
of the CAA allowing other states to adopt California's standards (which 
are waived from preemption under CAA section 209(b)) is limited to new 
motor vehicles and motor vehicle engines, and that this authority does 
not extend to adoption of California's regulations governing 
aftermarket alternative fuel systems. Further, the commenter argues 
that CAA section 209(c) preempts states other than California from 
adopting aftermarket parts regulations when EPA has acted on its 
authority to regulate such parts under Federal law. The commenter 
argues that the portion of California's regulation (13 CCR 2030) which 
Maryland has incorporated by reference has not been updated in many 
years and is functionally outdated and conflicts in some aspects with 
more recent Federal rules on the subject.
    Response: On March 22, 2013, Maryland officially withdrew the 
portion of Maryland's LEV Program SIP Revision 11-05 which 
this commenter is addressing. Specifically, Maryland requested 
withdrawal of COMAR 26.11.34.02B(17), which served to adopt by 
reference Sec.  2030 of Division 3, Chapter 1, Article 5 of Title 13 of 
the CCR. EPA is taking final rulemaking action on the remaining 
portions of the Maryland SIP submittals from December 20, 2007, 
November 12, 2010, and June 22, 2011. Because Maryland has withdrawn 
this portion of the SIP and because EPA is not taking any final 
rulemaking action on COMAR 26.11.34.02B(17), the commenter's arguments 
related to CAA sections 177 and 209 are not relevant to this final 
action.
    Comment: Several commenters generally supported efforts to reduce 
greenhouse gas emissions from new light to medium duty vehicles, per 
Maryland's LEV program. One commenter expressed disappointment that 
Federal law under the CAA limits states choices to adoption of either 
California new vehicle standards or Federal standards, rather than 
allowing states to adopt their own more stringent standards. The 
commenter argues that the current pace in limiting GHG emissions is 
insufficient to limit climate change or to ameliorate damage already 
done.
    Response: EPA appreciates the commenters' support for clean vehicle 
programs and the commensurate GHG benefits resulting from adoption of a 
LEV program. With respect to states' authority to adopt their own 
standards different from Federal new vehicle standards or those of 
California, Congress explicitly limited this authority with the 
prohibition language of section 209 of the CAA. That section states 
that ``no State or political subdivision thereof shall adopt or attempt 
to enforce any standard relating to the control of emissions from new 
motor vehicles or motor vehicle engines subject to this part.'' That 
same section of the CAA allows the Administrator to waive that 
prohibition for California, which had already adopted standards to 
control new motor vehicle emissions prior to March 30, 1966. Further, 
section 177 of the CAA allows any state with an approved SIP plan to 
adopt and enforce standards for new motor vehicles or motor vehicle 
engines that are identical to California standards for which a waiver 
has been granted, if specified lead time requirements are met. Congress 
was explicit in the relevant CAA authority of their intent to grant 
states the option to adopt either California or Federal vehicle 
emission standards--and also to prohibit states from independently 
adopting or enforcing any third set of vehicle standards.

IV. Final Action

    EPA is approving three SIP revisions submitted by Maryland with 
respect to Maryland's adoption of a Low Emission Vehicle Program into 
the Maryland SIP. These SIP revisions were submitted on December 20, 
2007; November 12, 2010; and June 22, 2011. EPA is excluding from final 
approval COMAR 26.11.34.02B(17), as Maryland formally requested 
withdrawal of that regulatory provision in a letter to EPA dated March 
22, 2013.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
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 action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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

[[Page 34914]]

Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) 
because application of those requirements would be inconsistent with 
the CAA; 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 12, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action.
    This action to approve the Maryland Low Emission Vehicle Program 
into the Maryland SIP may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: May 28, 2013.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by adding 
entries in numerical order for COMAR 26.11.34 to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
      Code of Maryland                                  State                             Additional explanation/
 administrative regulations       Title/subject       effective      EPA approval date       citation at 40 CFR
      (COMAR) citation                                   date                                     52.1100
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                                     26.11.34 Low Emissions Vehicle Program
----------------------------------------------------------------------------------------------------------------
26.11.34.01................  Purpose...............     12/17/07  6/11/13; [Insert page   ......................
                                                                   number where the
                                                                   document begins].
26.11.34.02 (except          Incorporation by            5/16/11  6/11/13; [Insert page   ......................
 .02B(17)).                   Reference.                11/16/09   number where the
                                                        12/17/07   document begins].
26.11.34.03................  Applicability and          12/17/07  6/11/13; [Insert page   ......................
                              Exemptions.                          number where the
                                                                   document begins].
26.11.34.04................  Definitions...........     12/17/07  6/11/13; [Insert page   ......................
                                                                   number where the
                                                                   document begins].
26.11.34.05................  Emissions Requirements     12/17/07  6/11/13; [Insert page   ......................
                                                                   number where the
                                                                   document begins].
26.11.34.06................  Fleet Average NMOG         12/17/07  6/11/13; [Insert page   ......................
                              Requirements.                        number where the
                                                                   document begins].
26.11.34.07................  Initial NMOG Credit        12/17/07  6/11/13; [Insert page   ......................
                              Account Balances.                    number where the
                                                                   document begins].
26.11.34.08................  Fleet Average              12/17/07  6/11/13; [Insert page   ......................
                              Greenhouse Gas                       number where the
                              Requirements.                        document begins].
26.11.34.09................  Zero Emission Vehicle      12/17/07  6/11/13; [Insert page   ......................
                              (ZEV) Requirements.                  number where the
                                                                   document begins].
26.11.34.10................  Initial ZEV Credit         12/17/07  6/11/13; [Insert page   ......................
                              Account Balances.                    number where the
                                                                   document begins].
26.11.34.11................  Vehicle Testing.......     12/17/07  6/11/13; [Insert page   ......................
                                                                   number where the
                                                                   document begins].
26.11.34.12................  Warranty..............     12/17/07  6/11/13; [Insert page   ......................
                                                                   number where the
                                                                   document begins].
26.11.34.13................  Manufacturer               12/17/07  6/11/13; [Insert page   ......................
                              Compliance                           number where the
                              Demonstration.                       document begins].

[[Page 34915]]

 
26.11.34.14................  Enforcement...........     12/17/07  6/11/13; [Insert page   ......................
                                                                   number where the
                                                                   document begins].
 
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[FR Doc. 2013-13717 Filed 6-10-13; 8:45 am]
BILLING CODE 6560-50-P
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