Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: Voluntary Standards for Light-Duty Vehicles

Federal RegisterJun 6, 1997

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 85 and 86

[AMS-FRL-5823-7]

RIN 2060-AF75

Control of Air Pollution From New Motor Vehicles and New Motor

Vehicle Engines: Voluntary Standards for Light-Duty Vehicles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Today EPA is finalizing the main regulatory framework for the

National Low Emission Vehicle (National LEV) program. After EPA takes

comment on and finalizes supplemental regulations, today's regulations

would allow auto manufacturers to volunteer to comply with tailpipe

standards for cars and light, light-duty trucks that are more stringent

than EPA can mandate. Once a manufacturer opts into the program, the

standards would be enforced in the same manner as any other federal

motor vehicle pollution control requirement. Manufacturers would be

willing to opt into this program if there is a binding commitment to it

by the northeastern part of the country (the Ozone Transport Region

(OTR) or the States of the Ozone Transport Commission (OTC States)).

If the program were to come into effect after EPA finalizes the

supplemental regulations, it would achieve significant reductions in

smog and other air pollution nationwide. It also would achieve the same

emission reductions in the OTR as if each OTC State adopted a state

motor vehicle program. Today's regulations, together with other Agency

actions, also substantially harmonize federal and California motor

vehicle standards and test procedures to enable manufacturers to design

and test vehicles to one set of standards nationwide if they opt into

National LEV.

With this final rule, EPA is providing the regulatory structure

that is a necessary step towards completion of an on-going process

initiated by the OTC States and the auto manufacturers to improve

public health through the introduction of cleaner vehicles nationwide

and in the Northeast. The process cannot be completed until the auto

manufacturers and the OTC States both agree to be bound by the program.

As a result of the hard work of these parties, agreement has been

reached on the main regulatory framework of the National LEV program.

This agreement is reflected in today's rule. However, some additional

issues must be resolved regarding the commitments the OTC States must

make for the program to come into effect. EPA will resolve these issues

when it adopts a supplemental final rule after further notice and

comment. If National LEV is implemented, it will demonstrate how

cooperative, partnership efforts can produce a smarter, cheaper program

that reduces regulatory burden while increasing protection of the

environment and public health.

DATES: This regulation is effective August 5, 1997. The incorporation

by reference of certain publications listed in the regulations is

approved by the Director of the Federal Register as of August 5, 1997.

Sections 86.085-37(b)(1) introductory text, 86.1710-97(a), 86.1712-97,

and 86.1776-97 contain information collection requirements that have

not yet been approved by the Office of Management and Budget (OMB) and

are not effective until OMB has approved them. EPA will publish a

document announcing the effective date of these sections.

ADDRESSES: Materials relevant to this final rule have been placed in

Public Docket No. A-95-26. The docket is located at the Air Docket

Section, U.S. Environmental Protection Agency, 401 M Street SW,

Washington, DC 20460 (Telephone 202-260-7548; Fax 202-260-4400) in Room

M-1500, Waterside Mall, and may be inspected weekdays between 8:00 a.m.

and 5:30 p.m. A reasonable fee may be charged by EPA for copying docket

materials.

FOR FURTHER INFORMATION CONTACT: Karl Simon, Office of Mobile Sources,

U.S. Environmental Protection Agency, 401 M Street SW, Washington, DC

20460. Telephone (202) 260-3623; Fax (202) 260-6011; e-mail

[email protected].

SUPPLEMENTARY INFORMATION:

Regulated entities. Entities potentially regulated by this action

are those that manufacture and sell new motor vehicles in the United

States. Regulated categories and entities include:

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Category Examples of regulated entities

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Industry............................ New motor vehicle manufacturers.

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This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities likely to be regulated by this

action. This table lists the types of entities that EPA is now aware

could potentially be regulated by this action. Other types of entities

not listed in the table could also be regulated. To determine whether

your activities are regulated by this action, you should carefully

examine the applicability criteria in Sec. 86.1701-97 of the rule. If

you have questions regarding the applicability of this action to a

particular entity, consult the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section.

I. Obtaining Electronic Copies of the Regulatory Documents

The Preamble, Regulations, and Response to Comments documents are

also available electronically from the EPA internet site and via dial-

up modem on the Technology Transfer Network (TTN), which is an

electronic bulletin board system (BBS) operated by EPA's Office of Air

Quality Planning and Standards. Both services are free of charge,

except for your existing cost of internet connectivity or the cost of

the phone call to TTN. Users are able to access and download files on

their first call using a personal computer per the following

information. The official Federal Register version is made available on

the day of publication on the primary internet sites listed below. The

EPA Office of Mobile Sources also publishes these notices on the

secondary internet sites listed below and on TTN.

Internet

World Wide Web: http://www.epa.gov/docs/fedrgstr/EPA-AIR/ (either

select desired date or use Search feature) or http://www.epa.gov/

OMSWWW/ (look in What's New or under the specific rulemaking topic)

Gopher: gopher.epa.gov Follow menus: Rules: EnviroSubset:Air or

gopher.epa.gov Follow menus: Offices:Air:OMS

FTP: ftp.epa.gov Directory: pub/gopher/fedrgstr/EPA-AIR/ or ftp.epa.gov

Directory: pub/gopher/OMS/

TTN BBS: 919-541-5742 (1,200-14,400 bps, no parity, eight data bits,

one stop bit) Off-line: Mondays from 8:00-12:00 Noon ET Voice helpline:

919-541-5384

A user who has not called TTN previously will first be required to

answer some basic informational questions for registration purposes.

After completing the registration process, proceed through the

following menu choices from the Top Menu to access information on this

rulemaking.

GATEWAY TO TTN TECHNICAL AREAS (Bulletin Boards)

OMS--Mobile Sources Information

Rulemaking & Reporting

Light Duty

[[Page 31193]]

File area #10 OTC Low-Emissions Vehicle & National LEV

At this point, the system will list all available files in the

chosen category in reverse chronological order with brief descriptions.

To download a file, type the letter ``D'' and hit your Enter key. Then

select a transfer protocol that is supported by the terminal software

on your own computer, and pick the appropriate command in your own

software to receive the file using that same protocol. After getting

the files you want with your computer, you can quit the TTN BBS with

the oodbye command. If you are unfamiliar with handling compressed

(i.e. ZIP'ed) files, go to the TTN top menu, System Utilities (Command:

1) for information and the necessary program to download in order to

unZIP the files of interest after downloading to your computer.

Please note that due to differences between the software used to

develop the document and the software into which the document may be

downloaded, changes in format, page length, etc. may occur.

II. Outline and List of Acronyms and Abbreviations

A. Outline

This final rule preamble is organized into the following

sections:

I. Obtaining Electronic Copies of the Regulatory Documents

II. Outline and List of Acronyms and Abbreviations

A. Outline

B. List of Acronyms and Abbreviations

III. Introduction and Background

A. Introduction

B. Benefits of the National LEV Program

C. Background

1. Current Federal Motor Vehicle Emissions Control Program

2. California Low Emission Vehicle Program

3. OTC Efforts to Reduce Motor Vehicle Emissions in the OTR

4. Public Process

D. National LEV Program

1. Agreement--A Necessary Predicate for the National LEV Program

2. Description of National LEV Program

IV. Provisions of the National LEV Program

A. Program Structure

1. Opt-In to National LEV and In-Effect Finding

2. Opt-Out from National LEV

a. Conditions Allowing Opt-Out

(1) OTC States' Failure to Meet or Keep Their Commitments

(2) EPA Changes to Stable Standards

(i) Designation of Stable Standards

(ii) Changes to Stable Standards

b. Opt-Out Procedures

c. Effective Date of Opt-Out

d. Programs in Effect as a Result of Opt-Out

e. Opt-Out by States

3. Duration of Program

B. National LEV Voluntary Tailpipe and Related Standards and

Phase-In

1. Exhaust Emission Standards for Categories of NLEVs

a. Certification Standards

b. In-Use Standards

2. Non-methane Organic Gases Fleet Average Standards

a. Compliance With the NMOG Standards

b. Tracking Vehicles for Fleet Average NMOG Compliance

c. OTC State Government ATV Purchases

d. Reporting Requirements

3. Fleet Average NMOG Credit Program

a. Fleet Average NMOG Credit Program Requirements

b. Early Reduction Credits

c. Enforcement of Fleet Average NMOG Credit Program

d. Reporting for Fleet Average NMOG Credit Program

4. Limits on Sale of Tier 1 Vehicles and TLEVs

5. Tailpipe Emissions Testing

a. Federal Test Procedure

b. Compliance Test Fuel

c. NMOG vs. NMHC

d. Reactivity Adjustment Factors

6. On-Board Diagnostics Systems Requirements

7. In-Use Fuel

8. Hybrid Electric Vehicles

C. Low Volume and Small Volume Manufacturers

D. Legal Authority

E. Enforceability and Prohibited Acts

V. National LEV Will Produce Creditable Emissions Reductions

A. Emissions Reductions From National LEV

B. Enforceability of National LEV

C. Finding National LEV in Effect

D. SIP Credits

VI. Other Applicable Federal Requirements and Harmonization With

California Requirements

A. Introduction

B. Harmonization of Federal and California Standards

1. Onboard Refueling Vapor Recovery and Evaporative Emissions

2. Cold CO

3. Certification Short Test

4. High Altitude Requirements

C. Federal Compliance Requirements

1. Selective Enforcement Auditing and Quality Audit Programs

2. Imports

3. In-Use and Warranty Requirements

VII. Structure of National LEV Regulations

VIII. Technical Correction to Maintenance Instructions

IX. Administrative Requirements

A. Administrative Designation

B. Regulatory Flexibility Act

C. Unfunded Mandates Reform Act

D. Congressional Review of Agency Rulemaking

E. Reporting and Recordkeeping Requirements

X. Statutory Authority

XI. Judicial Review

B. List of Acronyms and Abbreviations

AAMA American Automobile Manufacturers Association

AIAM Association of International Automobile Manufacturers

APA Administrative Procedure Act

AQL Acceptable Quality Level

ATV(s) Advanced Technology Vehicle(s)

BBS Bulletin Board System

CAA Clean Air Act

CAAA Clean Air Act Amendments of 1990

CAL LEV California Low Emission Vehicle Program

CARB California Air Resources Board

CFR Code of Federal Regulations

CO Carbon Monoxide

CQA California Quality Audit

CST Certification Short Test

EPA U.S. Environmental Protection Agency

EPAct Energy Policy Act

FACA Federal Advisory Committee Act

FR Federal Register

FRM Final Rulemaking, Final Rule

FTP Federal Test Procedure

GSA General Services Administration

GVWR Gross Vehicle Weight Rating

HC(s) Hydrocarbon(s)

HCHO Formaldehyde

HEV(s) Hybrid Electric Vehicle(s)

HLDT(s) Heavy Light-Duty Truck(s)

IBR Incorporation by Reference

ICI(s) Independent Commercial Importer(s)

ICR Information Collection Request

I/M Inspection and Maintenance

ILEV(s) Inherently Low Emission Vehicle(s)

LDT(s) Light-Duty Truck(s)

LDV(s) Light-Duty Vehicle(s)

LEV(s) Low Emission Vehicle(s)

LLDT(s) Light Light-Duty Truck(s)

LVW Loaded Vehicle Weight

MIL Malfunction Indicator Light

MOU Memorandum of Understanding

MY Model Year

NAAQS National Ambient Air Quality Standards

National LEV National Low Emission Vehicle

NLEV National Low Emission Vehicle

NMHC Non-methane Hydrocarbons

NMOG Non-methane Organic Gases

NOX Oxides of Nitrogen

NPRM Notice of Proposed Rulemaking

NTR Northeast Trading Region

OBD On-Board Diagnostics

OBD II Second Phase On-Board Diagnostics

OMB Office of Management and Budget

ORVR On-Board Refueling Vapor Recovery

OTC Ozone Transport Commission

OTC LEV Ozone Transport Commission Low Emission Vehicle

OTR Ozone Transport Region

PM Particulate Matter

RAF(s) Reactivity Adjustment Factor(s)

RFA Regulatory Flexibility Analysis

RFG Reformulated Gasoline

RIA Regulatory Impact Analysis

SEA Selective Enforcement Audit

SFTP Supplemental Federal Test Procedure

SIA Service Information Availability

SIP State Implementation Plan

SNPRM Supplemental Notice of Proposed Rulemaking

The Act Clean Air Act

The Agency U.S. Environmental Protection Agency

THC Total Hydrocarbon

TLEV(s) Transitional Low Emission Vehicle(s)

TTN Technology Transfer Network

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UDDS Urban Dynamometer Driving Cycle

ULEV(s) Ultra Low Emission Vehicle(s)

UMRA Unfunded Mandate Reform Act

VOC(s) Volatile Organic Compound(s)

ZEV(s) Zero Emission Vehicle(s)

III. Introduction and Background

The U.S. Environmental Protection Agency (EPA) is adopting

regulations for the National Low Emission Vehicle (National LEV)

program in this final rule. EPA believes this is a cleaner, smarter,

cheaper pollution control program for new motor vehicles. Under the

National LEV program, auto manufacturers have the option of agreeing to

comply with more stringent tailpipe emissions standards--standards that

EPA could not impose without manufacturer agreement. Once manufacturers

commit to the program, the standards will be enforceable in the same

manner that other federal motor vehicle emissions control requirements

are enforceable. Manufacturers have indicated their willingness to

volunteer to meet these tighter emissions standards if EPA and the

northeastern states (i.e., those in the Ozone Transport Commission

(OTC) or the ``OTC States'') agree to certain conditions, including

providing manufacturers with regulatory stability, recognizing that

establishing advanced technology vehicles (ATVs) in the Northeast is a

shared responsibility (rather than the sole responsibility of auto

manufacturers), and reducing regulatory burdens by harmonizing federal

and California motor vehicle emissions standards.

The National LEV program is another step in an unprecedented,

cooperative effort by the OTC States, auto manufacturers,

environmentalists, fuel providers, EPA, and other interested parties to

improve air quality. The OTC States and environmentalists provided the

opportunity for this cooperative effort by pushing for adoption of the

California Low Emission Vehicle (CAL LEV) program throughout the

northeast Ozone Transport Region (OTR). Under EPA's leadership, the

states, auto manufacturers, environmentalists, and other interested

parties then embarked on a process marked by extensive public

participation and a demonstrated willingness to work with each other

and to solve problems jointly. This working relationship is

particularly remarkable given the adversarial and litigious nature of

previous interactions between the parties.

In today's final rule, EPA is establishing the regulatory framework

for National LEV. Given statutory constraints, however, the National

LEV program will only be implemented if it is agreed to by the OTC

States and the auto manufacturers. EPA does not have authority to force

either the OTC States or the manufacturers to sign up to the program.

The OTC States and auto manufacturers have reached agreement on

most issues raised by the National LEV program. Each side has sent EPA

a Memorandum of Understanding (MOU) that it has initialed, indicating

its agreement with the National LEV program as contained in that MOU.

(These initialed documents are in the public docket for this

rulemaking.) Although there are differences in the two Memoranda, they

show that agreement has been reached between the OTC States and the

auto manufacturers on the substantive issues addressed in this rule.

With a few limited exceptions, those agreements are consistent with

today's rule. EPA applauds the efforts of these parties, particularly

the leadership shown by the OTC States and the auto manufacturers.

The OTC States and auto manufacturers have not reached agreement on

a few remaining issues, in particular, those related to OTC State opt-

in and commitment to the program. EPA did not take comment on and

therefore cannot finalize these portions of the National LEV program in

today's rule. These issues will need to be resolved and reflected in

EPA regulations before the National LEV program can come into effect.

Because the auto manufacturers and the OTC States have not resolved

these issues, EPA will publish a Supplemental Notice of Proposed

Rulemaking (SNPRM) to take comment on these issues before EPA resolves

them in a supplemental final rule.

National LEV will provide environmental benefits by reducing air

pollution nationwide. The program is designed to address air pollution

problems, and will produce public health and environmental benefits

both inside and outside the OTR. This will assist all states that were

considering adopting the California LEV program to meet their

obligations under the Clean Air Act (CAA or the Act).

EPA has determined that the National LEV program will result in

emissions reductions in the OTR that are equivalent to or greater than

the emissions reductions that would be achieved through OTC state-by-

state adoption of the CAL LEV program. For a number of years, the OTC

has been working to reduce motor vehicle emissions either by adoption

of the CAL LEV program throughout the OTR or by adoption of the

National LEV program. As a means to achieve such reductions, National

LEV continues to provide a preferable alternative to adoption of CAL

LEV throughout the OTR. Not only will National LEV provide emissions

reductions benefits to the OTC States, it will reduce states' costs of

providing their citizens with healthy air by avoiding the costs of

state programs that duplicate each others' and EPA's efforts. Although

a recent court decision struck down one of the OTC States' regulatory

options for regionwide adoption of CAL LEV programs, Virginia v. EPA,

No. 95-1163 (D.C. Cir. March 11, 1997)(discussed in section III.C.3.),

the auto manufacturers and OTC States have recently sent letters to EPA

expressing their continued support for National LEV. (Letter from AAMA

and AIAM to EPA, April 15, 1997; Letter from OTC to EPA, April 18,

1997; both letters are in docket no. A-95-26).

EPA is also providing important relief from certain regulatory

requirements to the auto manufacturers. Rather than having a fleet of

California vehicles that are designed and tested to California

standards, and a separate fleet of federal vehicles that are designed

and tested to federal standards, in most instances under National LEV

manufacturers will certify vehicles to harmonized California and

federal standards that will allow them to sell most vehicles

nationwide. Not only will this reduce testing and design costs, it will

allow more efficient distribution and marketing of vehicles nationwide.

The cooperative nature of the program by itself should provide

environmental benefits sooner, and in a way that greatly reduces

regulatory transaction costs, than would otherwise be the case.

Focusing energy on implementing the program the parties helped jointly

design is a better use of resources than continued disagreement over

whether any program should be implemented at all.

A. Introduction

EPA is today adopting the regulatory structure for a voluntary,

National LEV program. The National LEV program includes a set of

exhaust emissions standards that will significantly reduce emissions of

ozone-producing pollutants nationwide from new light-duty vehicles

(LDVs) and light-duty trucks (LDTs) at or below 6000 lbs gross vehicle

weight rating (GVWR) (light, light-duty trucks, or LLDTs). The program

includes a manufacturer fleet average standard for non-methane organic

gas (NMOG) applicable in the OTC States beginning in Model Year

[[Page 31195]]

(MY) 1997,1 and applicable nationwide (except California)

beginning in MY2001. Manufacturers are not required to meet the

standards in this program unless they choose to opt into the program.

However, if a manufacturer opts into the program and EPA finds that the

program is in effect, then the manufacturer will be bound by the

program's requirements. A manufacturer that opts into the program can

opt out only in certain limited circumstances.

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\1\ As discussed in note 17 below, EPA is using MY 1997 as a

placeholder for the actual start date of National LEV.

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In addition to the national public health benefits that would

result from National LEV, the program has been motivated largely by the

OTC's efforts to reduce motor vehicle emissions either by adoption of

the CAL LEV program throughout the OTR or by adoption of the National

LEV program. One of the OTC States' efforts was a petition the OTC

filed with EPA. On December 19, 1994, EPA approved this petition, which

requested that EPA require all OTC States to adopt the CAL LEV program

(called the Ozone Transport Commission Low Emission Vehicle (OTC LEV)

program. 60 FR 4712 (January 24, 1995) (OTC LEV Decision)). In that

rule, EPA found that the reduction of emissions from new motor vehicles

throughout the OTR is necessary to mitigate the effects of air

pollution transport in the region and to bring ozone nonattainment

areas in the OTR into attainment (including maintenance) by the dates

specified in the CAA, as amended in 1990. On the basis of this finding,

EPA issued a finding that the State Implementation Plans (SIPs) of the

OTC States are substantially inadequate. Under the OTC's recommended

program, all new motor vehicles sold in the OTR beginning in MY1999

would be required to be certified by the California Air Resources Board

(CARB) to any one of the California motor vehicle emissions standards

(i.e., California Tier 1, Transitional Low Emission Vehicle (TLEV), Low

Emission Vehicle (LEV), Ultra Low Emission Vehicle (ULEV), or Zero

Emission Vehicle (ZEV)). Manufacturers could choose to sell any mix of

California-certified vehicles to comply with annual fleet average NMOG

standards, which become increasingly stringent over time. Pursuant to

the OTC recommendation, individual states in the OTR could (but were

not required to) adopt a ZEV mandate to the extent permitted by the

CAA.

The OTC LEV decision was challenged by the Commonwealth of Virginia

and several motor vehicle manufacturers. The Court of Appeals held that

EPA did not have authority to require the OTC States to adopt the CAL

LEV program and vacated EPA's OTC LEV decision. Virginia v. EPA, No.

95-1163 (D.C. Cir. March 11, 1997).

The court decision striking EPA's OTC LEV decision changes some of

the legal requirements for National LEV. When EPA proposed the National

LEV program, it proposed criteria that the National LEV program would

have to meet to be an acceptable LEV-equivalent program that would

relieve OTC States of their obligation under the OTC LEV decision. EPA

proposed that National LEV (1) would need to achieve emissions

reductions equivalent to those that would be achieved by OTC LEV, and

(2) would be an enforceable, stable program that was in effect. Because

EPA no longer need find that National LEV is an acceptable LEV-

equivalent program, EPA has reevaluated whether National LEV is legally

required to meet the two criteria. EPA has determined that there is no

longer a legal requirement for National LEV and OTC LEV to achieve

equivalent emissions reductions. Nonetheless, for all parties to

support National LEV, it must produce an acceptable quantity of

emission reductions. Furthermore, for EPA to grant SIP credits,

National LEV must be an enforceable, stable program.

In today's rule, EPA finds that National LEV will achieve

reductions in new motor vehicle emissions in the OTR that are at least

equivalent to the reductions that would be achieved through OTC state-

by-state adoption of the CAL LEV program. EPA also finds that once

manufacturers opt into the National LEV program, it is enforceable

against the manufacturers. After EPA provides further notice to take

comment on the type of OTC State commitments that would make the

program lasting, the Agency intends to promulgate final provisions for

OTC State commitments sufficient to adequately assure that National LEV

will produce the intended emissions reductions for the intended

duration of the program. Then, EPA will be able to find that National

LEV is in effect when all auto manufacturers have opted into the

program.

EPA provided numerous opportunities for public participation in the

decision-making process leading to OTC LEV and National LEV, as

described more fully in section III.C.4. EPA established a subcommittee

of the Clean Air Act Advisory Committee pursuant to the Federal

Advisory Committee Act (FACA) to evaluate issues relating to obtaining

reductions in emissions from new motor vehicles. The Subcommittee has

also served as a public forum to discuss voluntary, 49-state motor

vehicle emissions standards and provided comments to EPA on the

National LEV program.

B. Benefits of the National LEV Program

The National LEV program will result in significant environmental

and public health benefits nationwide if the OTC States and auto

manufacturers agree to implement it. The program promulgated today

represents a significant step towards the goal of reducing smog

throughout the United States. The National LEV program will also

achieve reductions in emissions of other pollutants, including

particulate matter (PM), benzene, and formaldehyde.

Ground-level ozone, the principal harmful component in smog, is

produced by a complex set of chemical reactions involving volatile

organic compounds (VOCs) and oxides of nitrogen (NOX) in the

presence of sunlight. Ground-level ozone causes health problems,

including damaged lung tissue, reduced lung function, and lungs that

are sensitized to other irritants. Scientific evidence indicates that

the ambient levels of ozone affect healthy adults and children, as well

as people with impaired respiratory systems, such as asthmatics. A

reduction in lung function during periods of moderate exercise has been

found following exposure to ozone for six to seven hours at

concentrations at or near the current standard. This decrease in lung

function may be accompanied by symptoms such as chest pain, coughing,

nausea, and pulmonary congestion. Studies, to date, indicate that the

acute health effects of exposure to ozone at the level of the current

ozone NAAQS (such as coughing, chest pain, and shortness of breath) are

reversible in most people when the exposure stops. However, the extent

of such reversibility depends on factors such as the length of exposure

and individual activity level. With repeated exposure to ozone over

time, many of these symptoms attenuate but some indicators of cell

damage suggest continued lung inflammation. Ground-level ozone is also

responsible for significant agricultural crop yield losses each year.

Studies also indicate that the current ambient levels of ozone are

responsible for damage to both terrestrial and aquatic ecosystems,

including acidification of surface waters, reduction in fish

populations, damage to forests and wildlife, soil degradation, and

reduced visibility.

The primary NAAQS for various pollutants, including ozone, are set

by EPA on the basis of air quality criteria

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and allowing an adequate margin of safety, at a level that the Agency

determines is necessary to protect public health. EPA then classifies

areas across the country based on whether they attain these standards.

Areas that do not meet these standards are deemed ``nonattainment''

areas and rated based on the severity of their air quality problem.

There are 66 ozone nonattainment areas throughout the United States,

including several areas classified as ``serious'' or ``severe'' for

ozone. Houston and the upper Midwest, in particular, experience high

levels of ground-level ozone pollution. The implementation of the

National LEV program nationwide in MY2001 will advance the goal of

emissions reductions in those areas. Motor vehicles are a significant

contributor to smog because of their emissions of VOCs and

NOX. A vehicle certified to the National LEV standards will,

over its lifetime, emit 400 pounds less pollution than a Tier 1

vehicle. Implementation of National LEV is expected to achieve

nationwide reductions of NOX emissions of 400 tons/day in

2005 and 1250 tons/day in 2015, and nationwide reductions in NMOG

emissions of 279 tons/day in 2005 and 778 tons/day in 2015.

In evaluating the OTC petition, EPA analyzed the level of emissions

reductions throughout the OTR necessary to attain (or maintain) the

NAAQS for ozone, given the serious transport issue. EPA concluded,

based on its analysis in the context of the OTC LEV decision, that

NOX reductions of 50 percent to 75 percent from 1990 levels

from every portion of the OTR lying to the south, southwest, west, and

northwest of each serious or severe OTR nonattainment area, and VOC

reductions of 5 percent to 75 percent from the portion of the OTR in or

near (and upwind of) each serious and severe OTR nonattainment area,

are necessary to bring each such area into attainment by the applicable

date.

EPA has projected that, without a program that achieves reductions

in the Northeastern United States equivalent to those achieved by OTC

state-by-state adoption of CAL LEV, on-highway vehicles will account

for approximately 38 percent of NOX emissions and 22 percent

of anthropogenic VOC emissions in 2005. As described in the OTC LEV

decision, EPA's modeling analyses support the conclusion that no

combination of potentially broadly practicable control measures in the

OTR would be sufficient to achieve the necessary level of emissions

reductions without more stringent new motor vehicle emission standards.

Thus, EPA determined that all of the emissions reductions in the OTR

associated with implementing the OTC LEV program, or a LEV-equivalent

program, are necessary. While the court decision overturned the OTC LEV

decision requiring adoption of OTC LEV, the court did not overturn

EPA's underlying assessment of the need for significant additional

emissions reductions in the region.

More stringent motor vehicle standards outside the OTR, such as

those contained in today's rule, will help the OTR achieve necessary

reductions, in addition to producing benefits in States outside the

OTR. EPA has determined that the National LEV program promulgated today

would provide at least equivalent emissions reductions of VOCs and

NOX in the OTR as would OTC state-by-state adoption of CAL

LEV programs, and would do so in a more efficient and cost-effective

manner, for several reasons.2 First, the National LEV

program provides for the introduction of TLEVs in the OTR in MY1997,

two years earlier than EPA had required under the OTC LEV

program.3 Second, since the National LEV program will apply

nationwide (except for California) in MY2001, vehicles purchased

outside the OTR that move into the region will be up to 70 percent

cleaner than incoming vehicles (i.e., Tier 1 vehicles) would have been

under the OTC LEV program. EPA estimated that if migration into the OTR

of non-LEV vehicles were taken into account in estimating benefits of

OTC LEV, this would result in a 16 ton/day increase in VOC emissions

and a 28 ton/day increase in NOX emissions in 2005 compared

to EPA's estimates of highway vehicle emissions in the OTR without

factoring in migration. The National LEV program, when implemented

nationwide in MY2001, will greatly reduce this migration effect. Even

more significant, without the OTC LEV SIP call, a substantial number of

the OTC States are now unlikely to adopt state CAL LEV programs

effective for the relevant timeframe, which dramatically increases the

relative benefits of National LEV over an approach that relies on OTC

state-by-state adoption of CAL LEV.

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\2\ Since EPA's modeling was completed, circumstances have

changed that have set back the potential realistic start dates both

for National LEV and for OTC state-by-state implementation of CAL

LEV. EPA's modeling shows that the programs as designed (i.e.,

National LEV starting in MY1997 and CAL LEV throughout the OTR

implemented by MY1999) would produce equivalent emission reductions.

See section V.A. In the SNPRM, EPA will discuss the relative

emission reduction effects of delayed start dates.

\3\ Although it is unrealistic to start National LEV with MY1997

(see discussion in n. 17), EPA believes it is possible for National

LEV to start sooner than most OTC States could start state LEV

programs.

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The National LEV program is also expected to achieve pollution

reduction benefits from motor vehicles beyond those associated with

ozone pollution, including benefits from control of PM, benzene, and

formaldehyde. All states, not just those in the OTR, will realize these

air quality benefits.

PM is the generic term for a broad class of chemically and

physically diverse substances that exist as discrete particles over a

wide range of sizes. PM emissions have been associated with numerous

serious health effects, including upper and lower respiratory illnesses

such as pneumonia, chronic obstructive pulmonary disease, chronic

bronchitis, aggravation of the respiratory system in children with pre-

existing illnesses, and premature mortality in sensitive individuals

(such as those with cardiovascular diseases). In addition, studies have

shown that PM emissions episodes can result in a short-term decrease in

lung function in small children. PM emissions also contribute to

impairment of visibility, acidic deposition, and potential modification

of the climate.

The National LEV program will require diesel LDVs and LLDTs to meet

PM standards that are more stringent than the comparable Tier 1

standards. As discussed more fully in the Regulatory Impact Analysis

(RIA) 4 for this rulemaking, EPA's modeling shows that

implementation of the National LEV program will result in a 28.6 ton/

day reduction in particulates less than 10 microns in diameter (PM-10)

in 2005, compared to expected PM emissions when current Tier 1

standards apply outside the OTC and OTC state-by-state adoption of CAL

LEV is fully implemented within the OTC. Furthermore, in western areas

(such as Denver) with a PM pollution problem caused by nitrates, the

NOX reductions achieved by the National LEV program will

provide additional PM emissions benefits.

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\4\ Available in the public docket for review; see ADDRESSES.

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National LEV also will decrease emissions of two carcinogens:

benzene and formaldehyde. As discussed more fully in the RIA for this

rulemaking, EPA's modeling demonstrates that implementation of the

National LEV program will reduce emissions of benzene by seven tons/day

and formaldehyde by four tons/day nationwide in 2005. EPA has

classified benzene as a Group A known human carcinogen, based on

studies on workers

[[Page 31197]]

showing that long-term exposure to high levels of benzene causes

cancer. Exposure to benzene emissions has also been associated with

non-cancer health effects, including blood disorders, adverse effects

on the immune system, and damage to reproductive organs. EPA has

classified formaldehyde as a probable human carcinogen, based on animal

studies showing that long-term exposure to, and inhalation of,

formaldehyde is associated with certain types of tumors. In addition,

exposure to formaldehyde is associated with non-cancer health effects,

including irritation of the eyes, nose, throat, and lower airway, at

low levels of exposure, and adverse effects on the liver and kidneys.

Unlike the current federal Tier 1 program, the National LEV program

includes standards for formaldehyde emissions from motor vehicles.

EPA believes that the National LEV program is particularly

promising because it would provide these nationwide health and

environmental benefits while reducing some aspects of the auto

manufacturers' regulatory burden and compliance costs. Currently,

manufacturers typically design, test, and produce two different types

of vehicles (California and federal), each of which must meet different

standards according to different test procedures. One of the goals of

the National LEV program is to use a single test procedure and standard

for each particular type of emission control requirement. Because of

this harmonization with California's program,5

implementation of the National LEV program will streamline the process

for certifying a vehicle for sale, reduce auto manufacturers' design

and testing costs, and provide other efficiencies in the marketing of

automobiles.6

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\5\ In addition to using the same tailpipe standards as

California, EPA is working with CARB to make changes to other EPA

standards and test procedures that will further harmonize the

federal and California motor vehicle emission control programs. EPA

expects that CARB will reassess its regulations shortly to further

this harmonization. Even if National LEV becomes effective,

California will continue to have its own program. Manufacturers

could decide to sell some vehicles (such as ULEVs or ZEVs) in

California (or California and the OTR), but not nationwide.

\6\ EPA received a letter from the Government of Canada

(available in the public docket for review), indicating that

government's interest in adopting national motor vehicle emissions

standards that are the same as those contained in any national low

emission vehicle program adopted in the United States. Such

harmonization of motor vehicle emission control standards in the

United States and Canada would provide even greater efficiencies to

the auto manufacturers and would broaden the geographical range of

the emissions benefits of such a program, including the specific

benefit of reduced downwind pollution transport.

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EPA also believes the National LEV program is a preferable

alternative to OTC state-by-state adoption of CAL LEV because it will

use fewer regulatory and legislative resources than would OTC state-by-

state adoption of CAL LEV, since the implementation of the National LEV

program is premised on agreement reached by the OTC States, the auto

manufacturers, and EPA. The OTC States, the auto manufacturers, and

EPA, with input from environmental and public health groups, and other

interested parties, have made significant efforts that resulted in a

broad outline for a viable, cost-effective national low emission

vehicle program. EPA believes that cooperation among the various

interested parties is the best way to achieve significant emissions

reductions and to design a practical, enforceable, and efficient

program. It allows the OTC States, EPA, auto manufacturers, other

affected industry groups, environmental groups and other interested

parties to spend resources making the program work instead of fighting

each other on a state-by-state basis over adoption of CAL LEV programs.

It also eliminates the need for any state, besides California, to spend

any resources on enforcement of its own motor vehicle emissions control

program since enforcement responsibilities will remain with EPA and

California. The National LEV program is a promising example of how

cooperative efforts can advance the goal of cleaner air.

EPA has also analyzed the costs of the National LEV program. EPA

used the detailed assessment of the cost of LEVs produced by CARB in

1994 and updated in April, 1996. CARB estimated the incremental cost of

$96 per car for LEVs only in California.7 EPA believes that

the incremental cost for National LEV will be considerably lower than

the CARB estimate for a variety of reasons. First, automotive pollution

control technology will continue to advance, leading to better controls

at lower costs over time. For example, in the two years between CARB's

technology assessments, Honda announced the introduction of new LEV

technology that will add little or no cost to vehicles. Second, the

National LEV program includes numerous provisions to harmonize federal

and California motor vehicle requirements. The resulting cost-savings

for auto manufacturers and dealers (in areas such as vehicle design,

certification testing, mechanic training and inventory control) will be

significant and offset at least a portion of the costs for LEVs. Third,

the nationwide production of LEVs will result in economies of scale for

the manufacturers. Fourth, CARB's own cost estimates have generally

been shown to be higher than actual price differences. For example,

CARB estimates price increases for TLEVs at $61, but informal surveys

of TLEV prices in California and New York have generally shown no price

differentials between comparable TLEV and Tier 1 vehicles. Finally,

auto industry experience has consistently demonstrated rapid price

decreases in successive model years for newly-introduced technology.

Analysis discussed in the RIA yields an annual incremental cost

estimate of $950 million for National LEV when compared to current

federal regulatory obligations, or of $600 million for National LEV

when compared to CAL LEV throughout the OTR and current regulations in

the rest of the country. EPA believes that these costs would actually

be lower, as discussed above. The total expenditure for new cars in the

United States in 1993 was approximately $225 billion.

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\7\ A November, 1996 CARB Staff Report on Low Emission Vehicle

and Zero-Emission Vehicle Program Review modified CARB's vehicle

cost estimates. CARB now estimates the incremental costs of LEVs at

approximately $120. EPA's cost analysis for the National LEV

program, which has included the data in CARB's staff reports on the

CAL LEV program, looks at costs of vehicles in California and then

estimates National LEV program costs based on nationwide sales

volumes. Two principal reasons for vehicle price differentials

between California and National LEV vehicles are economy of scale in

production volumes and allocation of costs among the number of

vehicles being produced, with such costs distributed over an

appropriate number of years. EPA's cost estimates rely in part on

the start date of the National LEV program, which will be addressed

in the upcoming SNPRM. See n. 17 below. Once the actual start date

is determined, EPA will recalculate its estimates for vehicle costs

using up-to-date cost information.

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C. Background

To provide a context for, and background to, the National LEV

Program, it is necessary to discuss briefly the federal and California

motor vehicle programs and the OTC's efforts to have the CAL LEV

program adopted throughout the OTR. Additional background information

is provided in the Notice of Proposed Rulemaking (NPRM) detailing the

National LEV program on October 10, 1995 (60 FR 52734, 52738-52740).

EPA provided extensive and numerous opportunities for public

involvement in that decision and in developing the framework for a

national voluntary low emission vehicle program.

1. Current Federal Motor Vehicle Emissions Control Program

The CAA prohibits the introduction into commerce of a new motor

vehicle that is not covered by a certificate of conformity issued by

EPA. To obtain such a certificate for a vehicle or engine

[[Page 31198]]

family, manufacturers must demonstrate compliance with all federal

emissions control standards and requirements that apply to new motor

vehicles for that class or category of vehicles for the relevant model

year. The exhaust emission standards and procedures that currently

apply to new LDVs and LDTs, known as the Tier 1 standards, were

promulgated on June 5, 1991 (See 56 FR 25724; the standards themselves

are codified at 40 CFR 86.094-8 and 86.094-9). The Tier 1 program

includes standards for non-methane hydrocarbon (NMHC), oxides of

nitrogen (NOX), carbon monoxide (CO) and particulate matter

(PM), all measured over the Federal Test Procedure (FTP) and applicable

for the full statutory useful life of the vehicle. For MY1996 and

thereafter, all LDVs and the LLDTs must comply with the Tier 1

standards. The federal motor vehicle program also includes other

standards and requirements that apply to new motor vehicles, such as

evaporative emissions, cold temperature CO, on-board refueling vapor

recovery, and on-board diagnostic equipment.

Under section 207 of the Act, manufacturers must warrant the

emissions performance of their new, certified motor vehicles for a

portion of the vehicle's full useful life. EPA enforces the federal

standards through its Selective Enforcement Audit (SEA) program

(assembly line testing) and through in-use compliance testing and

recall programs.

2. California Low Emission Vehicle Program

Section 209 of the CAA generally preempts states from adopting and

enforcing standards relating to emissions from new motor vehicles and

new motor vehicle engines. 8 However, the Act provides two

exceptions. One allows EPA to waive preemption for the State of

California, permitting that state to adopt and enforce its own motor

vehicle emissions control program. 9 The second exception

allows states other than California to adopt and enforce California's

standards, if certain specified conditions are met. 10

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\8\ Clean Air Act section 209(a), 42 U.S.C. 7543(a).

\9\ Clean Air Act section 209(b), 42 U.S.C. 7543(b).

\10\ Clean Air Act section 177, 42 U.S.C. 7507.

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In 1990, California adopted the LEV program, containing three basic

components. First, manufacturers must certify new motor vehicles to one

of the following five emissions categories: California Tier 1, TLEVs,

LEVs, ULEVs, and ZEVs. Second, manufacturers must comply with an

overall fleet average NMOG standard. This requirement began in MY1994

and becomes more stringent over time. The third element is a ZEV

production mandate, which requires manufacturers to include a certain

percentage of ZEVs in their LDV fleet for sale in California.

Initially, the ZEV mandate would have begun in MY1998, when two percent

of a manufacturer's LDV fleet was required to be ZEVs. This would have

increased to five percent in MY2001 through MY2002, then ten percent in

MY2003. However, at a March 28, 1996, hearing CARB approved changes

that eliminate all of the ZEV mandates except for the ten percent

requirement beginning in MY2003. EPA granted California a waiver of

preemption for its LEV program in January 1993. See 58 FR 4166 (January

13, 1993).

The States of New York, Massachusetts, New Jersey, Connecticut,

Rhode Island, and Vermont, all of which are members of the OTR, have

adopted all or portions of the California LEV program pursuant to

section 177 of the Act. Massachusetts and New York are currently

implementing their LEV programs. Connecticut, New Jersey and Rhode

Island have also adopted the California LEV program, excluding the ZEV

production mandate, effective in MY1998 for Connecticut and MY1999 for

the other two states. In addition, Vermont has adopted the California

LEV program effective in MY1999, which includes a ZEV sales target,

that would apply only if certain criteria are met. As a result of

automobile manufacturers' challenges to the New York and Massachusetts

LEV programs, federal district and appellate court decisions have

upheld these programs.11

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\11\ Motor Vehicle Manufacturers Association v. New York State

Department of Environmental Conservation, 79 F.3d 1298 (2d Cir.

1996); American Automobile Manufacturers Association (AAMA) v.

Commissioner, Massachusetts Department of Environmental Protection,

31 F.3d 18 (1st Cir. 1994); Motor Vehicle Manufacturers Association

v. New York State Department of Environmental Conservation, 17 F.3d

521 (2nd Cir. 1994); MVMA v. NYSDEC, 869 F. Supp. 1012 (N.D.N.Y.

Oct. 24, 1994); and AAMA v. Greenbaum, No. 93-10799-MA (D. Mass.

Oct. 27, 1993).

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3. OTC Efforts To Reduce Motor Vehicle Emissions in the OTR

Since it was convened in 1991, the OTC has worked on addressing the

contribution of motor vehicles to the northeast ozone problem. It has

identified two methods of controlling new motor vehicle emissions--

state-by-state adoption of the CAL LEV program and National LEV. The

auto manufacturers have said they prefer National LEV. As part of the

process of achieving state-by-state adoption of CAL LEV throughout the

OTR, the OTC sought and obtained from EPA a SIP call requiring each OTC

State to adopt CAL LEV unless the State could show that the program was

not necessary for the State to meet certain of its Clean Air Act

obligations or unless there was an equivalent national motor vehicle

program. Although a recent court decision struck down this SIP call and

thus removed one of the mechanisms for the OTC to achieve the goal of

state-by-state adoption of the CAL LEV program, the OTC States remain

free to pursue this goal through other means.

A summary of the OTC LEV decision is provided here. Interested

parties are referred to the OTC LEV decision SNPRM and Final Rulemaking

(FRM) for additional information. See 59 FR 48664 (September 22, 1994);

and 60 FR 4712 (January 24, 1995).

In February, 1994, the OTC formally recommended, pursuant to

section 184(c) of the CAA, that EPA require all OTC States to adopt an

OTC LEV program in their SIPs. The OTC's recommended LEV program would

have required that, beginning in MY1999, all new LDVs and LLDTs sold or

otherwise introduced into commerce in the OTR be certified to

California LEV program standards. In addition, manufacturers would be

required to meet California's fleet average NMOG standard for such

vehicles. The OTC recommended that member states be allowed, but not

required, to adopt California's ZEV mandate, unless EPA determined that

the CAA required a state to adopt the ZEV mandate in order to adopt the

NMOG average part of the LEV program. In addition, the OTC stated that

it expected EPA to evaluate alternatives to OTC LEV.

On December 19, 1994, EPA approved the OTC recommendation. EPA

found that the emissions reductions resulting from OTC LEV or a LEV-

equivalent program are necessary for ozone nonattainment areas in the

OTR to achieve attainment (and maintenance) by the applicable deadline,

and that the OTC LEV program is consistent with the CAA. See 60 FR 4712

(January 24, 1995). Based on that approval, EPA issued to each OTC

State a finding that its SIP is substantially inadequate to meet

certain requirements insofar as the SIP would not currently achieve

those necessary emissions reductions. EPA found that states could

satisfy the finding of SIP inadequacy by adopting OTC LEV or by

submitting a ``shortfall'' SIP.12 The States were required

to

[[Page 31199]]

submit a SIP revision on or before February 15, 1996, to cure this

inadequacy.

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\12\ As described in the OTC LEV decision, a ``shortfall'' SIP

program must contain adopted measures that make up the shortfall

between (1) the emission reductions necessary to prevent adverse

consequences on downwind nonattainment, as determined by EPA in the

OTC LEV decision, and (2) the emission reductions that would be

achieved by the measures mandated by the Clean Air Act and

potentially broadly applicable measures, as identified by EPA in the

OTC LEV decision. See 60 FR 4730 (January 24, 1995).

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In the OTC LEV decision, EPA also said that the SIP inadequacy

would be satisfied if EPA were to determine through rulemaking that a

federal 49-state motor vehicle emission control program was an

acceptable LEV-equivalent program and that such program was in effect.

Thus, if EPA were to find that auto manufacturers had opted into a LEV-

equivalent federal motor vehicle emissions control program deemed

acceptable by EPA through rulemaking action, then states would be

relieved of the obligation under the OTC LEV decision to adopt the OTC

LEV program in their SIPs. EPA had proposed that National LEV would be

such a program, provided that the OTC States and auto manufacturers

made sufficient commitments to it.

Only six states made submissions in response to the OTC LEV SIP

call. New York and Massachusetts both submitted LEV programs that are

currently in effect. Both programs include ZEV mandates. Connecticut,

New Jersey, Rhode Island, and Vermont submitted OTC LEV programs in

which OTC LEV is a ``backstop'' program. Manufacturers would not have

to comply with those four states' programs if National LEV is an

acceptable-LEV equivalent program and is in effect. New Jersey's

program is conditioned further--it will not be implemented unless a

minimum number of OTC States (excluding itself), represented by 40

percent of new vehicles registered in the OTR in MY1999, also implement

the OTC LEV program not later than MY1999. Vermont also has a ZEV sales

target, which would apply if certain criteria are met, independent of

whether National LEV is in effect.

In a recent decision, the Court of Appeals struck down EPA's OTC

LEV decision and SIP call. Virginia v. EPA, No. 95-1163 (D.C. Cir.

March 11, 1997). The Court found that, while section 184 of the CAA

gives EPA authority to require the OTC States to adopt specific

pollution control measures upon the recommendation of the OTC, sections

177 and 202(b)(1)(c) of the CAA preclude EPA from requiring the OTC

States to adopt the CAL LEV program prior to MY2004. The Court let

stand EPA's underlying finding that the region needs substantial

emissions reductions to mitigate the effects of air pollution transport

and to bring (and keep) nonattainment areas in the region into

attainment for ozone. It also affirmed the right of each State to adopt

the CAL LEV program if it so chooses.

The Court decision does not dramatically alter the need for or

potential benefits of National LEV. Although National LEV's development

has been closely tied to EPA's OTC LEV decision and SIP call, National

LEV is not dependent on them. National LEV was developed as an

alternative to state-by-state adoption of CAL LEV in the OTR. Although

the Court decision may affect the number of OTC States that will

actually adopt CAL LEV, it does not limit states' ability to adopt CAL

LEV and thus does not solve the problems created for manufacturers when

some states have CAL LEV and some states rely on the federal program.

Although the states have the option of adopting CAL LEV on a state-by-

state basis, National LEV may provide greater emission reductions to

upwind states than state-by-state adoption of CAL LEV because some

states may not adopt CAL LEV.

4. Public Process

The Agency has employed a public process designed to provide

maximum opportunity for public participation in an expedited decision-

making process. A complete discussion of the history of this process

can be found in the NPRM published on October 10, 1995 (60 FR 52734).

In addition to the numerous public meetings and other opportunities for

public comment described in that notice, EPA received numerous comments

on the NPRM and held a widely attended public hearing on November 1,

1995. In developing today's rule, the Agency has fully considered all

of the public comments timely filed in this rulemaking. EPA's responses

to significant comments are contained either in today's rule or in the

detailed Response to Comments document contained in the public docket.

Where EPA notes that it is deferring resolution of certain issues

raised in the NPRM, the response to comments on those issues is also

deferred. In addition to relying on this rule and the Response to

Comments document as the statement of basis and purpose for today's

action, EPA is also relying on the detailed explanations in the NPRM

where it references those explanations.

D. National LEV Program

1. Agreement--A Necessary Predicate for the National LEV Program

The National LEV program is a voluntary program that cannot be

implemented without the agreement of the auto manufacturers and the OTC

States. EPA cannot require the auto manufacturers to meet the National

LEV standards, absent the manufacturers' consent, because section

202(b)(1)(C) of the Clean Air Act prevents EPA itself from mandating

new exhaust standards applicable before MY2004. The auto manufacturers

have said that they will not agree to be bound by the National LEV

program unless the OTC States accept National LEV as an alternative to

OTC state adoption of CAL LEV programs under section 177. EPA does not

have the authority to require the OTC States to accept the National LEV

program. Thus, National LEV is dependent upon the auto manufacturers

and the OTC States voluntarily committing to the program.13

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\13\ See Virginia v. EPA, No. 95-1163 (D.C. Cir. March 11,

1997), slip. op. at 10, footnote 4. (``The program is voluntary

because section 202 of the Clean Air Act forbids EPA from itself

modifying motor vehicle emissions standards `before the model year

2004.' '').

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The OTC States and auto manufacturers have been negotiating a

voluntary, national program that would include committing to National

LEV and to the introduction of ATVs in the OTR. They had hoped to

memorialize their agreement in a comprehensive MOU to be signed by all

OTC States and all auto manufacturers with sales in the United States.

The OTC States (collectively) and the auto manufacturers (collectively)

have each initialed MOUs reflecting their willingness to agree to a

National LEV program. Although the MOUs are different in some respects,

they show basic agreement on the national program contained in the

regulations promulgated today. The ATV component (discussed in more

detail in footnote 52 below) is not a part of EPA's regulations, but

would be an agreement between the OTC States and the auto manufacturers

that would be contained in an attachment to the MOU if that MOU is

finalized.

Although the OTC States and the auto manufacturers have reached

agreement on most issues and EPA today is promulgating the regulatory

framework for National LEV, some issues are still unresolved. When EPA

published the NPRM, it anticipated that the OTC States and the auto

manufacturers would continue to make progress on these few remaining

issues (mainly related to OTC State commitment to the

[[Page 31200]]

National LEV program), and thus left these issues to be addressed in a

later SNPRM which could be informed by the anticipated agreement. The

OTC States and the auto manufacturers have not yet resolved these

issues. Rather than lose the potential regional and national public

health benefits of National LEV, EPA intends to publish an SNPRM to

take comment on the remaining issues that must be finalized for the OTC

States and the auto manufacturers to commit to the

program.14 EPA will then resolve these issues in a

supplemental final rule.

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\14\ Primarily, the SNPRM will address the OTC States'

commitment to National LEV (the nature, the mechanisms and the

timing of the commitments) and related issues. As a result of the

bifurcation of the National LEV rulemaking process, issues that were

noticed in the NPRM may not be decided finally until the final rule

that follows the SNPRM. This rule and the Response to Comments note

those issues that are not being decided finally in today's rule. The

SNPRM will describe the issues on which EPA is taking further

comment.

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EPA is hopeful that, after these remaining issues are resolved, the

OTC States and the auto manufacturers will agree to National LEV. The

program would have many benefits to the nation as a whole, the OTC

States, and the auto manufacturers. A set of uniform, more stringent

standards that apply in 49 states is a more environmentally beneficial

and economically efficient approach to achieving emissions reductions

from new motor vehicles than a ``patchwork'' of California standards in

some states and federal standards in others. The National LEV program

would achieve at least the same level of emissions reductions in the

OTR as would the OTC state-by-state adoption of the CAL LEV program.

The introduction of LEVs nationwide would help alleviate pollution

transport problems in the OTR and in other states and would eliminate

concerns about non-LEV vehicles being introduced into the OTR from

states outside the region that have not adopted CAL LEV. In addition, a

national program would impose less administrative burden on the OTC

States and other states than would state-by-state adoption and

enforcement of CAL LEV. Finally, a cooperative, partnership approach to

program implementation should provide benefits beyond those achieved

through a traditional command-and-control approach.

2. Description of National LEV Program

In today's final rule EPA is promulgating a set of voluntary

National LEV standards to control exhaust emissions of air pollutants

from new motor vehicles. These standards will apply when the OTC States

and the motor vehicle manufacturers commit to the National LEV program.

The National LEV new tailpipe emission standards and related

requirements will apply in addition to the applicable federal Tier 1

tailpipe standards and will not change for the duration of the

program.15 The National LEV standards and requirements

include: (1) tailpipe emissions standards for NMOG, NOX, CO,

formaldehyde (HCHO), and PM; (2) fleet average NMOG values; (3)

allowance for the use of California Phase II reformulated gasoline

(RFG) as the test fuel for the tailpipe standards; (4) certain

California on-board diagnostic system requirements (OBD II), excluding

anti-tampering provisions; and (5) averaging, banking and trading

provisions.

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\15\ The CAA requires that all MY1996 and later LDVs and LLDTs

meet the Tier 1 exhaust emission standards at the time of

certification. As noted later in section IV, most of the Tier 1

emission standards have numerically equivalent or more stringent

analogues in the National LEV standards. Thus, certification to the

National LEV standards directly demonstrates compliance with most of

the Tier 1 standards. Manufacturers must still demonstrate

compliance with those remaining Tier 1 standards that lack National

LEV analogues.

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In general, the National LEV standards and related requirements are

patterned after California's more stringent tailpipe standards and

fleet average NMOG standards. Under the National LEV program,

manufacturers can certify LDVs and LLDTs to one of the following

certification categories (listed in order of increasing stringency):

Tier 1, TLEV, LEV, ULEV, or ZEV. Each certification category contains

tailpipe emission standards for NMOG, CO, NOX, formaldehyde

(HCHO), and PM. Manufacturers that opt into the National LEV program

will be required to produce and deliver for sale a combination of

vehicles that complies with an annual fleet average NMOG value. Sales

of LDVs and LLDTs in the OTR will have to meet an increasingly

stringent fleet average NMOG standard from MY1997 16 to

MY2001. Beginning with MY2001, manufacturers will be required to comply

with a nationwide (except California) fleet average NMOG standard for

LDVs and LLDTs that is equivalent to the average NMOG emissions of a

100 percent LEV fleet. An averaging, banking and trading program

comparable to California's can be used to meet the fleet average NMOG

requirements.

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\16\ As discussed in n. 17 below, EPA is using MY1997 as a

placeholder for the actual start date of National LEV.

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As National LEV is voluntary, manufacturers will only have to

comply with the National LEV standards if they choose to opt into the

program. Once they opt in, however, manufacturers must stay in the

National LEV program and comply with its standards. Manufacturers may

opt out of National LEV only under certain circumstances which, if they

occurred, would change the basic presumptions upon which the

manufacturers opted into the program. Such conditions are an OTC

State's failure to meet or keep its commitment regarding adoption of a

State motor vehicle program under CAA section 177 or a change in one of

the designated ``Stable Standards'' (as discussed below in section

IV.A.2.a).

Any manufacturer that opts into the National LEV program will be

fully subject to its requirements. Barring one of the limited and

unlikely events that would allow manufacturers to opt out of the

program, manufacturers will be required to meet the National LEV

standards and requirements for all of the model years covered by the

program. A manufacturer that fails to meet these requirements will be

subject to the same enforcement measures as exist for violation of any

federal motor vehicle emission standard promulgated under section

202(a) of the Act. Once manufacturers opt into National LEV, they will

find administration and enforcement of its requirements

indistinguishable from administration and enforcement of the rest of

the federal motor vehicle emissions program.

Manufacturers that opt into the National LEV program will have to

comply with the specified tailpipe emissions and related standards

beginning in MY1997 17 for LDVs and LDTs offered for sale in

the OTR, and beginning in MY2001 for those same vehicle categories

offered for sale in the rest of the country, except California. The

National LEV standards will continue to apply until the first model

year for which manufacturers must meet a mandatory federal program that

is at least as stringent as the National LEV program. By statute, EPA

can not promulgate mandatory exhaust standards more stringent than Tier

1 standards (``Tier 2 standards'') applicable before MY2004, so the

National LEV standards will apply at least through MY2003.

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\17\ Throughout this rule, EPA is using MY 1997 as a placeholder

for the start date of National LEV. MY1997 is the start date in the

MOUs initialled by the auto manufacturers and the OTC States. EPA

believes that MY1997 is an unrealistic start date given the court

decision vacating EPA's OTC LEV decision and given the likely timing

of final agreement on National LEV. In the upcoming SNPRM, EPA will

take comment on the appropriate start date for National LEV.

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Vehicles in the National LEV program must comply with all other

federal

[[Page 31201]]

requirements applicable to LDVs and LLDTs for the appropriate model

year, including emissions standards and requirements, test procedures,

and compliance and enforcement provisions. However, as part of EPA's

effort to reinvent environmental regulations by reducing regulatory

burden without sacrificing environmental benefits, EPA is also

harmonizing, to the greatest extent possible, federal and California

standards and test procedures. Thus, today's rule includes changes to

current federal regulations designed to harmonize certain federal and

California standards and test procedures, and sections elsewhere in

this preamble summarize harmonization efforts in other rules. This

should reduce the regulatory burden on manufacturers by facilitating

the design, certification, and production of the same vehicles to meet

both federal and California requirements.

IV. Provisions of the National LEV Program

The National LEV regulations establish the structure and

requirements of a voluntary program to reduce tailpipe emissions from

motor vehicles, as summarized in the above section III.D.2. The

following sections lay out the provisions of the program in more

detail. First, EPA describes the structure of the voluntary program,

explaining how manufacturers opt into the program, under what limited

conditions they could opt out of the program, and the program's

duration. The next section lays out the National LEV standards and

requirements that manufacturers would be opting into. These include the

tailpipe emissions standards for individual vehicles, the fleet-wide

average emissions standards, and the averaging, banking and trading

program through which the fleet-wide standards would be implemented.

Finally, EPA discusses the legal authority for the voluntary National

LEV program and the enforceability of these provisions.

A. Program Structure

This section discusses basic structural elements of the National

LEV program: the process and timing for manufacturers to opt into the

program and for EPA to find that the program is ``in effect''; the

conditions allowing, process for, and ramifications of, a

manufacturer's decision to opt out of the program; and the duration of

the program.

1. Opt-In to National LEV and In-Effect Finding

The opt-in provisions are designed to provide a simple mechanism

that allows EPA to determine readily when a manufacturer has opted in

and become legally subject to the National LEV program requirements. A

motor vehicle manufacturer would opt into the program by submitting a

written notification that unambiguously and unconditionally states that

the manufacturer is opting into the program, subject only to the

condition that EPA finds the program to be in effect.

Today's regulations set forth various requirements for opt-in

notifications. The opt-in notification must state that the manufacturer

will not challenge EPA's authority to establish the National LEV

program and to enforce it once a manufacturer has unconditionally opted

into the program. Parties that choose to opt into a program that they

have volunteered to establish should agree that they will not challenge

the program later, particularly in the context of an enforcement action

brought by EPA due to a party's failure to comply with the program

requirements. The regulations require the manufacturers' notifications

to contain specified language renouncing such legal challenges. The

opt-in notification also must be signed by a person or entity within

the corporation with authority to bind the corporation to its choice.

The signatory must hold the position of Vice President for

Environmental Affairs, or a position of equivalent authority.

The opt-in will become binding upon EPA's receipt of the

notification or, if it is conditioned on EPA making an in-effect

finding, upon the satisfaction of that condition. Under today's rule,

any conditional opt-ins would become fully binding when EPA finds that

National LEV is in effect. Once EPA has promulgated the few outstanding

provisions of the National LEV program related to the OTC State

commitments and begun accepting manufacturer's opt-ins and OTC State

commitments to the program, EPA can make the finding that the program

is in effect without any additional rulemaking if all the manufacturers

listed in the regulations have opted into the program. Upon EPA making

an in-effect finding, National LEV will be fully enforceable.

It is possible that the final regulations EPA intends to issue

after taking further comment on OTC State commitments to National LEV

(for which EPA will provide further notice and opportunity to comment)

may result in changes or additions to the opt-in provisions promulgated

today. For example, at this time, EPA is not establishing deadlines

either for auto manufacturers to opt into the program or for EPA to

find that the program is ``in effect''. Rather than making a final

decision on these issues today, EPA expects to set such deadlines as

part of the final regulations it intends to issue after taking further

comment on OTC State commitments and related issues.

2. Opt-Out From National LEV

For the National LEV program to be useful and beneficial, it should

continue in effect for a substantial period of time stretching into the

next decade. States seek certainty regarding emissions benefits over

time, while motor vehicle manufacturers seek certainty regarding

emission standards to plan future production. Also, to give states SIP

credits for National LEV, EPA must find that the emissions reductions

will be enforceable over the intended duration of the program. All of

these objectives require that the program be stable over time, and the

opt-out provisions are structured to support this goal.

Once manufacturers have voluntarily chosen to opt into the program

and any permissible conditions of their opt-in have been met, they can

opt out of the program only under a few specified circumstances, or

``offramps.'' These offramps are limited to: (1) an OTC State's failure

to meet or keep its commitment regarding adoption or retention of a

state motor vehicle program under section 177; or (2) EPA modification

of certain specified standards or requirements over the manufacturers'

objection.

If a manufacturer were to opt out of the National LEV program, when

that opt-out became effective the manufacturer would become subject to

all standards that would apply if National LEV did not exist. The

federal Tier 1 tailpipe emissions and related standards would apply, as

would any applicable state standards promulgated under section 177. In

the SNPRM on OTC State commitments, EPA will take comment on what state

section 177 standards would be applicable, in light of the requirements

of section 177 and how the OTC States and manufacturers have addressed

this issue in their initialed MOUs. All vehicles certified under the

National LEV standards, however, would have to continue to comply with

those standards, which would have been incorporated as conditions of

the certificate under which those vehicles were sold. In addition, each

manufacturer would be held responsible for any debits it held at the

time it opted out.

[[Page 31202]]

a. Conditions allowing opt-out. (1) OTC states' failure to meet or

keep their commitments. The first condition allowing manufacturers to

opt out is a failure of any OTC State to meet its commitment regarding

adoption or retention of a section 177 program that does not allow

compliance with National LEV as a full alternative to compliance with

the state program. Since National LEV is intended to provide an

alternative to OTC state-by-state adoption of CAL LEV, manufacturers

should not be bound to stay in the National LEV program if an OTC State

requires them to comply with a section 177 program contrary to the

terms of the final agreement. This offramp not only gives manufacturers

recourse if an OTC State does not fulfill its part of the bargain, but

also encourages the OTC States to fulfill their commitments by setting

a serious penalty for breach of their commitments.

Unfortunately, EPA is unable to finalize this section of the

National LEV regulations now.18 When EPA proposed National

LEV, the manufacturers and the OTC States had not yet reached agreement

on the exact content and form of such an OTC State commitment. Details

that had yet to be resolved concerned what the OTC States would commit

to do regarding adoption or retention of the section 177 programs (both

LEV and ZEV requirements), the timing of any agreed upon actions, and

possible instruments for such state commitments (which might be some

combination of SIP revisions, consent decrees, legislative resolutions,

letters from the State Attorneys General, Executive Orders from the

Governor, letters from the Governor to EPA, or an MOU with the

manufacturers). EPA had expected that the OTC States and auto

manufacturers would have reached agreement on these issues by this

time, and had planned to issue an SNPRM taking comment on the whether

and how the National LEV regulations would reflect the OTC States' and

auto manufacturers' agreement on these issues. The SNPRM would have

taken comment on the stability and enforceability of the program in

light of the nature of those commitments. Unfortunately, the auto

manufacturers and the OTC States have not yet reached agreement on

these issues.

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\18\ Today's regulations do not provide for an opt-out based on

this condition. EPA expects to propose to add this condition, as

discussed below.

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Before the National LEV program can go into effect, EPA will need

to resolve the OTC State commitment issues mentioned above. EPA will

issue an SNPRM taking comment on these additional issues and then

promulgate a final rule to complete the National LEV rulemaking that

was initiated by the NPRM.

(2) EPA Changes to Stable Standards. With certain exceptions,

manufacturers will also be able to opt out if EPA changes a motor

vehicle requirement that it has designated a ``Stable Standard.'' The

Stable Standards, which are listed in Table 1, are divided into two

categories: Core Stable Standards and Non-Core Stable Standards. Core

Stable Standards generally are the National LEV standards that EPA

could not impose absent the consent of the manufacturers. Non-Core

Stable Standards are other federal motor vehicle standards that EPA

does not anticipate changing for the duration of National LEV. For both

Core and Non-Core Stable Standards, EPA can make changes to which

manufacturers do not object. For Non-Core Stable Standards, EPA can

also make changes that do not increase the stringency of the standard

or that harmonize the standard with the comparable California standard.

EPA can make other changes to any of the Stable Standards, but such

changes would allow the manufacturers to opt out of National LEV.

The primary purpose of this provision is to provide manufacturers

certainty that the voluntary standards that EPA does not have authority

to mandate (absent manufacturers' consent) are not changed without

their consent. The additional stability of the other motor vehicle

standards that EPA is providing by designating them Non-Core Stable

Standards should provide manufacturers with additional incentive to opt

into National LEV. Today's rule follows the same basic approach set out

in the proposal, but incorporates several refinements, as discussed

below. This section lists the Stable Standards, explains the rationale

for including each requirement as a Stable Standard, and explains what

types of changes EPA can make without giving manufacturers the

opportunity to opt out of National LEV.

(i) Designation of Stable Standards. EPA has refined the approach

to the Stable Standards in the proposal by subdividing them into two

categories: Core Stable Standards and Non-Core Stable Standards. Core

Stable Standards generally are standards specific to the National LEV

program (and certain related requirements). Non-Core Stable Standards

generally are other motor vehicle pollution control requirements that

the Agency does not anticipate changing for the duration of the

National LEV program. The list of Core and Non-Core Stable Standards is

provided in Table 1.

Table 1.--Designation of Core and Non-Core Stable Standards

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

Type Stable standard

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

Core Stable Standards..................... TLEV, LEV, ULEV, and ZEV

tailpipe emission standards

(``LEV standards'').

Fleet average NMOG standards

and related banking and

trading provisions.

Federal Test Procedure (FTP)

(as used for determining

compliance with the LEV

tailpipe standards, i.e.,

``conventional'' or ``on-

cycle'' FTP).

Certification test fuel

specifications (as used for

determining compliance with

the LEV standards).

Low volume manufacturer

provisions.

Limitations on the sale of

TLEV and Tier 1 vehicles in

the NTR.

Non-Core Stable Standards................. ``Off-cycle'' emissions

standards.

Supplemental Federal Test

Procedures (SFTP) (as used

for determining compliance

with these off-cycle

emission standards).

On-board diagnostic (OBD-II)

requirements.

Cold temperature carbon

monoxide (Cold CO)

requirements.

Evaporative emissions

control requirements.

Onboard refueling vapor

recovery requirements.

Reactivity adjustment

factors (RAFs) (used to

determine compliance with

LEV standards).

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

[[Page 31203]]

The Core Stable Standards include:

The TLEV, LEV, ULEV and ZEV tailpipe standards (the ``LEV

standards''),

The fleet average NMOG standards, and

The limitation on the sales of TLEVs and Tier 1 vehicles

in the NTR.

These requirements are all standards that EPA could not itself require

manufacturers to meet prior to MY2004 (absent manufacturer consent)

because section 202(b)(1)(C) of the Act prohibits EPA from unilaterally

imposing numerical standards as stringent as these prior to MY2004.

Since EPA could not impose these standards unilaterally, EPA does not

believe it should have authority to change these standards

unilaterally. Designating these numerical standards as Core Stable

Standards protects the manufacturers' reasonable expectations in opting

into the voluntary standards by providing an offramp should EPA change

those standards without their consent.

The Core Stable Standards also include:

The specifications for the ``conventional'' or ``on-

cycle'' FTP, as revised,

The certification test fuel for testing compliance with

LEV standards,

The NMOG fleet average banking and trading program, and

The low-volume manufacturer requirements.

These requirements are designated as Core Stable Standards because

changes to these requirements may affect the ability of manufacturers

to meet the LEV standards or the NMOG fleet average standards, or

because these requirements are directly related to those standards.

(Changes to the reactivity adjustment factors (RAFs) might also affect

the ability of manufacturers to meet the LEV and NMOG fleet average

standards, but these are designated Non-Core Stable Standards, for the

reasons discussed below.)

The on-cycle FTP, the certification test fuel, and the NMOG fleet

average banking and trading program are the means through which

compliance with the numerical standards will be determined. The on-

cycle FTP and the test fuel directly impact the ability of

manufacturers to meet the LEV standards because changes to program

elements like the FTP drive cycle, road simulation hardware, or the

blending parameters of the fuel, may translate into changes in the

emission test scores of vehicles. These test scores are themselves the

basis for pass/fail decisions with respect to the LEV standards. The

NMOG fleet average banking and trading program will allow banking and

trading of credits to give manufacturers flexibility in meeting the

fleet average NMOG standard. The banking and trading program is part of

the way that manufacturers will demonstrate compliance with the NMOG

fleet average standard. Changing this program could adversely affect a

manufacturer's ability to comply with the fleet average standard. Given

the voluntary nature of the LEV standards and the NMOG fleet average

standard, EPA believes that manufacturers are entitled to certainty not

only with respect to the standards, but also with respect to the means

by which the manufacturers' compliance with those standards will be

determined.

The final Core Stable Standard, the low volume manufacturer

provisions (including the definition of low volume manufacturer and the

relaxed phase-in schedule), directly determines the stringency of the

NMOG fleet average standards. The phase-in schedule provides

manufacturers meeting the low volume definition higher (less stringent)

NMOG fleet average standards for the initial years of the National LEV

program.

The Non-Core Stable Standards include:

OBD II requirements,

Cold temperature CO requirements (through

MY2000),19

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\19\ Section 202(j)(2) of the Act requires the Administrator to

assess the need for further reductions in cold CO emissions from

MY2001 and later model year vehicles. Therefore, unlike the other

Stable Standards, EPA can change cold CO standards for MY2001 and

later model year vehicles without triggering an off-ramp.

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Evaporative emissions requirements, and

Onboard refueling and vapor recovery requirements.

As described in more detail in the proposal and in the Response to

Comments document for this rule, EPA reviewed each of these

requirements and determined that it was highly unlikely that EPA would

need to change these requirements for the duration of the National LEV

program (or prior to MY2001, for cold CO requirements). With the

exception of cold CO (which EPA has a statutory obligation to revisit

for MY2001), EPA does not have statutory obligation to revise or re-

evaluate these standards for the expected duration of the National LEV

program. EPA's conclusion that these standards will not need to be

changed for the expected duration of National LEV (prior to MY2001 for

cold CO) is based on when these requirements were promulgated by EPA,

how long it would take to gather information to determine that a new

control level was appropriate, and EPA's knowledge of technology

development necessary to meet these requirements.

The Non-Core Stable Standards also include the recently promulgated

``off-cycle'' FTP standards and test procedure (Supplemental Federal

Test Procedure or SFTP). 61 FR 54852 (October 22, 1996). The ``off-

cycle'' FTP standards and SFTP (described in more detail in section

IV.B.5.a) were developed to test emissions resulting from typical

driving patterns that were not included in the test procedure that EPA

and CARB have used historically (the ``on-cycle'' FTP). Currently, the

only off-cycle standards are based on Tier 1 technology. Given the

lengthy testing and evaluation process that resulted in the off-cycle

standards and the time required to populate the fleet with vehicles

complying with the new standards and then to evaluate them for any

necessary revision of the standard, EPA does not foresee the need for

or the ability to revise the off-cycle standards and SFTP for Tier 1

vehicles for the expected duration of the National LEV program. As

discussed later in section IV.B.5.a, EPA anticipates that CARB will

adopt more stringent off-cycle standards for LEVs and ULEVs. Today's

rule is structured so that EPA can follow that change for National LEV

certification without allowing manufacturers to opt out of National

LEV. EPA intends to take comment on additional SFTP issues in the

SNPRM.

Finally, EPA has designated reactivity adjustment factors (RAFs) as

Non-Core Stable Standards. RAFs are used to adjust vehicle emission

test results to reflect differences in the impact on ozone formation

between alternative-fueled vehicles and a vehicle fueled with

conventional gasoline. (See discussion below in section IV.B.5.d.)

Including RAFs in the National LEV program puts two competing policy

concerns before the Agency. RAFs play a role in setting the overall

ability of manufacturers to meet the TLEV, LEV and ULEV tailpipe

standards, which is an important issue for the auto manufacturers in

deciding whether to opt into National LEV. One of the principles of

National LEV has been that EPA should not have unilateral authority to

change the tailpipe standards and related requirements because they are

voluntary standards. Following this principle, RAFs should be part of

the Core Stable Standards. EPA is concerned, however, that locking in

the RAFs for the duration of National LEV places more weight on them

than is warranted by the current scientific evidence. CARB set RAFs

based on the

[[Page 31204]]

best scientific evidence available, but recognized the need for further

investigation. California will be analyzing its current RAFs and

possibly revising the values. California has already set up a

scientific review panel, and the current RAFs apply only through

MY2000. California's recognition that its RAFs may need to be modified

weighs against casting the RAFs in concrete in National LEV and

supports placing them in the Non-Core Stable Standards. EPA believes an

appropriate compromise between the need for stability and the evolving

nature of RAFs is to include RAFs in the Non-Core Stable Standards, but

include a cap of 1.0 for all California Phase 2 RFG RAFs.

Placing RAFs in the Non-Core Stable Standards means that, to

harmonize the California and federal requirements, EPA can modify any

RAF value that California decides to change. This provides the Agency

with the necessary flexibility to address any uncertainty associated

with RAFs, but at the same time does not allow EPA to change RAFs

unilaterally without triggering an offramp. The limitation on changes

to the California Phase 2 RFG RAFs provides assurances to the

manufacturers that the stringency of the National LEV program will not

change dramatically for the gasoline-powered vehicles--the vast

majority of vehicle types covered by the program. The cap of 1.0 was

selected because it sets the maximum stringency from a change in RAFs

for California Phase 2 RFG at what the numerical emission levels would

be without RAFs. If California sets a RAF greater than 1.0 for

California Phase 2 RFG, EPA could amend the National LEV regulations to

provide for a RAF of 1.0 (without triggering an offramp). EPA may make

any harmonizing changes to RAFs for alternatively-fueled vehicles if

California modifies the existing RAFs, but this is expected to have a

minimal impact on the program overall due to the percentage of the

national fleet that is expected to be alternative-fueled vehicles.

(ii) Changes to Stable Standards. EPA can make certain types of

changes to Stable Standards without giving manufacturers the ability to

opt out of National LEV. EPA can make changes to which manufacturers do

not object. In addition, EPA can make any of the following types of

changes to Non-Core Stable Standards without triggering an off-ramp:

Changes that do not increase the stringency of the

standard,

Changes that harmonize the standard with the comparable

California standard, and

Changes applicable after MY2006.

First, a manufacturer cannot opt out of National LEV based on a

change to any Core Stable Standard unless the manufacturer has provided

written comment during rulemaking on that change stating that it is

sufficient to trigger a National LEV offramp. EPA believes this is

appropriate because it is not necessary to provide an offramp

opportunity for a change to which the manufacturer has no objection.

This is the only type of change EPA can make to a Core Stable Standard

without allowing manufacturers to opt out of National LEV.

Second, EPA can make technical changes and other revisions that do

not increase the overall stringency of a Non-Core Stable Standard,

without triggering an offramp. EPA commonly amends its emission control

program regulations to address technical and administrative concerns

raised by program implementation without affecting overall stringency.

Allowing manufacturers to opt out of the program for such changes would

endanger the stability of the National LEV program. EPA anticipates

that the flexibility to make technical changes that do not impact on

stringency will be appropriate for each of the designated Non-Core

Stable Standards. However, such amendments are more likely for

regulations like those of the off-cycle emission program, or the

evaporative emissions and onboard refueling vapor recovery program

(ORVR), which are recently promulgated, under review as part of ongoing

EPA streamlining efforts, or both.

Third, EPA may change any Non-Core Stable Standard to harmonize

with the comparable California standard or requirement, even if the

revision would increase the stringency of the standard or requirement,

without triggering an offramp. This policy is consistent with the goal

of harmonizing the federal and California programs. The ability to

harmonize with California without triggering an offramp will be

critical in particular for the off-cycle standards and SFTP (discussed

in detail in section IV.B.5.a below), the OBD program, and RAFs. The

ability to harmonize with California without triggering an off-ramp

provides a useful safety valve that helps improve the stability of

National LEV. If changes to an existing standard would produce

significant environmental benefits as a result of currently

unanticipated technological or other developments, based on

California's past approach to motor vehicle regulation and its

continuing need for air quality improvements, EPA believes California

is likely to make those changes. EPA can then achieve the same

environmental gains by amending its regulations to harmonize with

California.

Fourth, EPA can make changes to the Non-Core Stable Standards

without triggering an offramp if the change is effective after MY2006.

By MY2006, EPA expects that federal Tier 2 tailpipe standards will be

adopted and effective, and that the National LEV standards will be

replaced by the Tier 2 standards. In the event that the National LEV

program continues beyond MY2006, EPA cannot predict with a reasonable

degree of accuracy whether it expects to make revisions to the Non-Core

Stable Standards for an unlimited period after that date. For this

reason, EPA does not believe it would be appropriate to continue the

offramp opportunity for changes to Non-Core Stable Standards

indefinitely. EPA chose MY2006 as the end date for the Non-Core Stable

Standards offramp to provide manufacturers with increased regulatory

stability for the maximum intended duration of the National LEV

program.

Finally, EPA can make changes to, or promulgate, any federal motor

vehicle requirements that are not designated in today's regulations as

Stable Standards, without triggering an offramp opportunity. For

example, EPA believes it is essential to guarantee attainment of the

stringency of the requirements already in force (as opposed to

increasing the stringency of these current requirements) without

providing manufacturers the opportunity to opt out of the National LEV

program. Thus, the emissions durability program and defeat device

requirements, which are designed to ensure that vehicles actually

comply with the emissions standards over their useful lives, are not

Stable Standards. See the Response to Comments document for this rule

and the NPRM (60 FR 52744 (col. 3)). Similarly, an offramp would not be

triggered by EPA's adoption of a new requirement for motor vehicles,

such as any air toxics regulations.

b. Opt-Out Procedures. As proposed, to opt out of the National LEV

program, a manufacturer would follow the same notification procedure

used to opt in, additionally specifying the condition allowing opt-out

and providing supporting evidence for the applicability of that

condition. A manufacturer also would have to exercise its opt-out

option within the time limits discussed below.

Manufacturers generally would have to decide whether to exercise

their opt-out option within 180 days of the occurrence of the condition

triggering

[[Page 31205]]

opt-out.20 If one manufacturer sends EPA an opt-out

notification, however, the time limit for other manufacturers to opt

out is extended by 30 days beyond the 180 day period. For opt-outs

based on an EPA change to a Stable Standard, EPA would have an

opportunity to prevent the opt-out from coming into effect by

withdrawing the change to the Stable Standard before the effective date

of the opt-out (discussed below).

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

\20\ Where the offramp is an EPA change to a Stable Standard, a

manufacturer would have to exercise its opt-out option within 180

days of EPA's publication of the change in the Federal Register.

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

Setting a time limit for opt-out provides an important measure of

certainty and program stability by ensuring that if manufacturers

declined to opt out of the program despite the occurrence of an

offramp, all parties could rely on the program to continue.

Manufacturers opposed this approach, expressing concern that regardless

of whether a manufacturer individually believes the triggering event

sufficient to opt out, manufacturers are likely to opt out upon the

occurrence of any offramp for fear that one or more of their

competitors will opt out. Since manufacturers believe they might be at

a significant competitive disadvantage if they were subject to National

LEV while other manufacturers were not, all manufacturers would have to

opt out to protect themselves against that eventuality.

By allowing manufacturers an extended time period to opt out if

another manufacturer opts out, EPA is removing the incentive for any

manufacturer to exercise a protective opt-out. Instead, manufacturers

can wait to see if any other manufacturer opts out and then decide at

that time whether they want to exit the program. If no manufacturer

opts out within the specified time period, the program would remain in

place. The extended time for opt-out enhances program stability by

removing an incentive for manufacturers to opt out. Moreover, it

neither creates a new opportunity to opt out of the program nor reduces

program stability, because it only arises if an opt-out has already

occurred.

For opt-outs based on an EPA change to a Stable Standard, EPA has

further enhanced program stability by providing an opportunity for EPA

to withdraw a change to a Stable Standard if such a change in fact

results in an opt-out. If EPA retracts a change on which an opt-out is

based, this would invalidate the offramp and prevent the opt-out from

coming into effect. EPA would have to withdraw the change before the

effective date of the opt-out (discussed below). The need for such a

withdrawal might arise in a couple of possible circumstances. In

objecting to a proposed change to a Stable Standard, manufacturers only

have to indicate that they believe the change is sufficient to allow an

opt-out; it would not make sense to try to force manufacturers to make

a final decision as to whether they would actually opt-out before the

change is even finalized. Thus, a manufacturer's objection to a

proposed change would not necessarily indicate that the manufacturer

would opt out of National LEV based on the change, and EPA might decide

it is reasonable to go ahead with the change despite an objection.

Also, EPA may have reason to believe that it has adequately modified a

proposed change to accommodate objections, but a manufacturer might

still choose to opt out. Providing EPA an opportunity to withdraw the

change enhances program stability by protecting against such

possibilities.

Within sixty days of an opt-out notification, EPA is required to

determine whether or not the alleged condition allowing opt-out has

occurred and therefore whether the opt-out is valid. If the basis for

an opt-out were a change to a Stable Standard, EPA could find that the

opt-out is valid provided that EPA did not withdraw the change before

the effective date of the opt-out. If EPA withdrew the change in time,

concurrently with the withdrawal EPA could then find that the opt-out

was not valid. The determination of whether the opt-out was valid would

not be subject to notice and comment, but it would be a nationally

applicable final agency action, subject to judicial review under

section 307(b) of the Act. EPA intends to publish any such

determination in the Federal Register. If EPA were to agree that an

opt-out was valid, that determination would be a final agency action

authorizing the opt-out. Thus, even if the reviewing court subsequently

overturned EPA's decision, the manufacturer could not be held liable

for its failure to comply with the National LEV requirements prior to

the court's decision.

If EPA were to determine that an opt-out was invalid and the

manufacturer decided to challenge that determination in court, the

manufacturer would be on notice that its failure to comply with

National LEV in the interim would be at the manufacturer's own risk.

During the pendency of the manufacturer's action challenging EPA's

determination, the manufacturer would be able to certify Tier 1

vehicles lawfully.21 If the reviewing court ultimately

agreed with EPA's determination that the opt-out was invalid, however,

then the manufacturer was always subject to the National LEV

requirements and would be liable in an enforcement action to the extent

that it violated National LEV regulations during the pendency of the

court action. For example, a manufacturer would be liable for any

exceedance of the NMOG fleet average requirement during the pendency of

the court action.22 If the reviewing court ultimately agreed

with the manufacturer that the opt-out was valid, then the manufacturer

would not be held to National LEV program requirements from the

effective date of its opt-out notification.

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\21\ The National LEV regulations generally allow manufacturers

to certify vehicles to Tier 1 standards as one of the five vehicle

emissions categories. However, sale of Tier 1 vehicles and TLEVs in

the OTR from MY2001 on is limited to those engine families that are

certified and offered for sale in California in the same model year,

and sales of these vehicles industry-wide in the NTR must not exceed

a cap of five percent, as discussed below in section IV.B.4. In the

event of a contested opt-out, manufacturers would not have to comply

with these limitations while the disposition of the opt-out remained

unresolved, although manufacturers would ultimately be liable for

violation of some provisions if a court were to find the opt-out

invalid.

\22\ The manufacturer would also remain liable for violation of

the limitation on sales of Tier 1 vehicles and TLEVs where the same

engine families were not certified and offered for sale in

California. However, the manufacturer would not be liable for any

exceedance of the five percent cap and the manufacturer's vehicles

would not be counted towards the industry-wide cap. This exemption

is driven by a practical implementation concern. In a situation

where one manufacturer had opted out of National LEV, it would be

very difficult to determine other manufacturers' liability under the

five percent cap in any equitable manner if the cap applied to the

manufacturer that had opted out.

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

An EPA determination of the validity of an opt-out will allow for

quick judicial resolution of any dispute over an opt-out and provide

compliance guidance in the interim. Occurrence of an opt-out is likely

to call into question whether the National LEV program will continue,

which in part will depend on the validity of that opt-out. All parties

involved (i.e., EPA, the states, the manufacturer opting out, and the

other manufacturers) would need both of those issues resolved as soon

as possible.

Providing for EPA to make a determination regarding the validity of

an opt-out ensures that any dispute over an opt-out can be resolved in

the United States Court of Appeals for the District of Columbia.

Judicial review would be based on the Agency's administrative record.

Publication of EPA's determination in the Federal Register would start

a 60-day period for filing a petition for review of EPA's action under

section 307(b), thereby facilitating

[[Page 31206]]

early identification and faster resolution of opt-out challenges. This

approach provides greater certainty to both the OTC States and

manufacturers regarding the status of the National LEV requirements in

the interim. An EPA determination that an opt-out is valid provides the

manufacturer with a safe harbor, which allows it to stop complying with

National LEV without legal risk. Even if the opt-out is successfully

challenged, the manufacturer will not be liable for noncompliance with

National LEV during the period prior to the court's decision. Also, OTC

States are made aware that EPA believes that the opt-out is valid, and

those states without a CAL LEV program as a backstop will have more

incentive to adopt CAL LEV in a timely manner if the state wishes to

continue to control emissions from motor vehicles. If EPA determines an

opt-out is invalid, the manufacturer will know the risk it would run by

ceasing compliance.

If EPA were not required to make a determination on the validity of

an opt-out, the only ways to challenge an opt-out would be through a

declaratory judgment action or an enforcement action brought in the

district court. It is unclear whether a court would grant a motion for

a declaratory judgment on this issue. An enforcement action might take

several years to ripen, assuming that an action could not be brought

until the manufacturer violated the fleet average NMOG requirement and

then failed to make up the debits within the following model year.

Moreover, a district court opinion would probably be appealed to the

court of appeals. Overall, this approach could easily entail anywhere

from two to five years of uncertainty regarding whether the opt out was

valid, and whether National LEV would remain in effect. In addition,

litigation in the district courts is resource intensive, potentially

involving extensive discovery, and may produce inconsistent results

across different courts. In the absence of an EPA determination, there

is an additional disadvantage for a manufacturer. To find out whether

an opt out is valid, the manufacturer probably would have to stop

complying with National LEV and put itself at risk for penalties in

enforcement actions, prior to obtaining a judicial ruling on the

validity of the opt-out.

c. Effective Date of Opt-Out. Once EPA or the reviewing court

determines that an opt-out is valid, the effective date of the opt-out

will depend on the condition authorizing the opt-out, unless a

manufacturer specifies a later effective date than provided in the

regulations. First, if an OTC State were to adopt a state motor vehicle

program under CAA section 177 in a way that violated a commitment the

state had made, an opt-out would be effective for the next model

year.23 The ``next'' model year is the model year named for

the calendar year following the calendar year in which the state

violated the commitment. For example, if an OTC State violated a

commitment in 1999, the manufacturer's opt-out would be effective for

MY2000. Second, if EPA were to modify one of the Core Stable Standards

over the objection of a manufacturer, an opt-out would be effective

starting the model year that includes January 1 of the second calendar

year following the calendar year in which the manufacturer opted out.

(E.g., if a manufacturer opted out on July 1, 1999, the opt-out would

be effective starting with MY2001). However, if the first model year in

which manufacturers would have to comply with the changed Core Stable

Standard is earlier, the opt-out would be effective as of that earlier

date. Third, if EPA were to modify one of the Non-Core Stable Standards

in a way that would provide an offramp, the opt-out would be effective

for the first model year to which the modified standard applied.

However, for opt-outs based on changes to either a Core or Non-Core

Stable Standard, if EPA withdraws the change to the Stable Standard

before the date that the opt-out would have become effective, the opt-

out will not become effective. This approach balances achieving

emissions reductions, minimizing burden on manufacturers, and providing

incentives for the OTC States and EPA to keep their

commitments.24

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

\23\ This decision regarding violation of OTC State commitments

is not incorporated in the regulations that EPA is promulgating

today, but will be reflected in a later rule that finalizes the OTC

State commitment provisions of the program.

\24\ In the supplemental notice of proposed rulemaking, EPA may

propose to refine or modify this approach in light of the proposed

provisions of OTC state commitments. In particular, today's final

rule does not address the possibility of providing leadtime before

manufacturers become subject to any backstop ZEV mandates.

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

Making opt-out effective the next model year after an OTC State

violates a commitment regarding a section 177 program is consistent

with the basic agreement underlying the National LEV program; it also

increases the program's stability. National LEV is founded on the

concept of a voluntary agreement between the OTC States and the

automobile manufacturers. The heart of this agreement will be that the

manufacturers will comply with National LEV, in exchange for the OTC

States not requiring compliance with a CAL LEV program. Due to the

inherent legal constraints on attempting to bind a sovereign state to

future action, the manufacturers are limited in their ability to assure

through mechanisms enforceable in court that the OTC States could not

subsequently require compliance with a CAL LEV program. Thus, it is

important that the structure of the National LEV program provide strong

practical incentives to the OTC States to fulfill their commitments

under the agreement and provide recourse to the manufacturers if the

OTC States violate the agreement. Allowing manufacturers to opt out

effective the next model year after an OTC State violates a commitment

regarding a section 177 program provides a strong disincentive for a

state to take such an action. Assuming that a CAL LEV program is not in

place as a backstop in some OTC States, those states without backstops

would receive Tier 1 vehicles for over two years, given section 177's

lead-time requirements, and all states in the OTR would face higher

levels of emissions from migration and transport. This somewhat severe

result is appropriate as an incentive to fulfill one of the key

commitments underlying the National LEV program. Manufacturers are

entitled to opt out of National LEV quickly, once the fundamental basis

of the agreement has been violated.

The timing of the effective dates of opt-outs based on EPA changes

to Core or Non-Core Stable Standards is designed to be consistent with

elements of the fundamental agreement underlying the National LEV

program while enhancing the stability of the program. Manufacturers

commented that EPA's original proposal would not give them sufficient

time to evaluate the consequences of a change in a Stable Standard.

They also argued they would be less likely to opt out initially upon

such a change, if they could opt out later if they subsequently found

the consequences of the change too burdensome. EPA believes that an

unlimited time for opt-out introduces far too much uncertainty into the

National LEV program. Thus, the approach adopted in this rule gives

manufacturers more time to decide whether to opt out, providing 180

rather than 60 days, but not unlimited time. The approach also enhances

program stability by providing EPA an opportunity to withdraw any

change on which manufacturers have based an opt-out, and thereby to

remove the offramp.

The slightly different effective dates for opt-outs based on

changes to Core and Non-Core Stable Standards

[[Page 31207]]

recognize that these two sets of Stable Standards play different roles

in relation to the National LEV program. For changes to the Core Stable

Standards, it is appropriate to make an opt-out effective quickly,

either as soon as EPA has had the opportunity to withdraw its change

but has declined to do so, or even sooner if manufacturers would

actually have to comply with the change before that date. The Core

Stable Standards are the standards the manufacturers have volunteered

to meet that EPA could not have imposed. These are the National LEV

exhaust emissions standards, the fleet average NMOG standards, the

banking and trading provisions that implement these standards, and

certain other related requirements. The Core Stable Standards are

discussed more fully in sections IV.A.2.a.(2) and IV.B. of this rule.

If EPA were to modify any of these requirements over the manufacturers'

objections, National LEV would require the manufacturers to comply with

something that EPA did not have the authority to mandate and that the

manufacturer had never volunteered to meet. Thus, the effective date

for opt-outs based on changes to Core Stable Standards ensures that

manufacturers can exit the program as soon as EPA has had the chance to

prevent the opt-out by revoking the change, and even sooner, if

necessary to avoid forcing compliance with a requirement that EPA could

not have imposed absent National LEV. This protects the reasonable

expectations of the manufacturers volunteering for the National LEV

program. It also provides an additional incentive for EPA not to make

changes to Core Stable Standards that might allow an opt-out because

the opt-out could become effective in a time-frame shorter than the

time required for OTC States without backstops to adopt and implement a

CAL LEV program.

For opt-outs based on changes to Non-Core Stable Standards, EPA is

finalizing the proposed approach of delaying the effective date of an

opt-out until the first model year that manufacturers must comply with

the changed standard. Here too, EPA would have the opportunity to

withdraw the change prior to the effective date of the opt-out. This

approach protects emissions reductions without increasing

manufacturers' burdens or reducing program stability. EPA has

designated certain standards as Non-Core Stable Standards to give the

manufacturers some assurance regarding the stability of the federal

motor vehicle requirements as an additional incentive to volunteer for

the National LEV program. Although stability of the Non-Core Stable

Standards is one component of the National LEV program, it is not the

central exchange on which a voluntary agreement would be founded. To

the extent that a change in a Non-Core Stable Standard would not apply

until some future date, delaying the effective date of an opt-out until

that date would protect the OTC States from increased emissions caused

by an event outside of their control and would give those states

without a backstop some time to adopt a CAL LEV program. Yet the

manufacturers would not be burdened by this approach because as soon as

they were subject to the revised standard they would no longer have to

comply with National LEV. The only incentive for EPA to increase the

stringency of a Non-Core Stable Standard over a manufacturer's

objection, other than to harmonize with California, would be if the

overall emission reductions produced were greater than the emission

reductions from National LEV. Thus, while delaying the opt-out

effective date provides somewhat less of a disincentive for EPA to

trigger an offramp, this is appropriate, given that EPA would only take

such action if it would produce greater emissions reductions than would

National LEV.

d. Programs in Effect as a Result of Opt-Out. If a manufacturer

were to opt out of the National LEV program, when that opt-out became

effective the manufacturer would be subject to all standards that would

apply if National LEV did not exist. The federal Tier 1 tailpipe

emissions and related standards would apply, as would any applicable

state standards promulgated and in effect under CAA section 177. EPA

will address this issue further in the SNPRM on OTC State commitments.

e. Opt-Out By States. EPA received a couple of comments from oil

industry representatives asserting that all individual states should

have the opportunity to opt out of National LEV. EPA believes that an

approach allowing individual states to reject National LEV (except to

exercise section 177 rights) would be unnecessary, impracticable,

costly, and counter-productive to the goal of achieving clean air

nationwide. EPA also notes that no state requested such a right, even

though all states had the opportunity to comment on National LEV during

the public comment period and EPA has conducted extensive outreach

efforts to communicate with states about this program.

First, EPA believes that states will not want to opt out because

they will receive important benefits from National LEV. As described

above in section III.B, numerous areas around the country need

reductions in smog-forming pollutants and particulate matter. Even

those areas that do not have smog or PM problems will benefit from

reductions in emissions of carcinogens and other toxic air pollutants.

Second, the commenter that suggested an opt-out process for states

was motivated by concerns that National LEV might require new, costly

fuel controls. As described more fully below in section IV.B.7.,

today's regulations clarify that National LEV vehicles will not require

new fuel controls.

Third, giving a state the right to opt out of National LEV would

allow a state to require manufacturers to produce dirtier vehicles than

the manufacturers want to produce--something the CAA prohibits both

states and the federal government from doing, and that would be a

perverse policy. Under the CAA, a manufacturer has always had the legal

option of producing a vehicle that is cleaner than required--something

the manufacturer might do because it believes that the public favors

cleaner cars or because it is more cost-effective to manufacture

vehicles that meet both California and federal standards. The commenter

that suggested a state opt-out has not explained how such an option is

allowed by the CAA, nor has it shown sufficient policy justification

for limiting a manufacturer's right to make cleaner cars.

Fourth, establishing a mechanism to allow individual states to

reject air quality benefits by ``opting out'' of a national motor

vehicle program would run counter to the Congressionally-established

national approach to regulating motor vehicles. The CAA provides that

manufacturers would need to meet, at most, two sets of motor vehicle

standards nationwide. Congress recognized the substantial difficulties

and costs incurred by building and certifying vehicles to meet a

multiplicity of different standards and the burdens distribution of

those vehicles to different states would place on vehicle distribution

and sales networks. Manufacturers are free to build vehicles with

tighter emissions controls than required by law, and states and federal

agencies have no ability to stop manufacturers from doing so.

Finally, if there were a legal mechanism to allow an individual

state to opt out of National LEV, such opt-outs could substantially

increase costs for manufacturers, dealers, and ultimately consumers

both in opt-out states and others. If an individual state could reject

National LEV and require manufacturers to build to looser standards,

even if those vehicles were less expensive to produce, there is no

[[Page 31208]]

guarantee that manufacturers would supply such vehicles at lower prices

in that state. EPA understands that as a national industry, the

automotive industry largely redistributes any difference in costs among

states so that the same model costs about the same in all states.

Moreover, such dirtier vehicles might actually cost more to produce and

distribute, given that building vehicles to a different standard would

require specialized manufacture and distribution of vehicles. The

manufacturers support National LEV as a more cost-effective approach to

achieve emission reductions, but cost-savings from nationwide standards

could be eroded by requiring a third set of standards in a few states.

If manufacturers did not redistribute those higher costs across all of

their vehicles, a state that had opted out of National LEV might

actually experience higher costs for new motor vehicles. Thus,

implementation of National LEV as a 49-state program is the legal and

cost-effective approach to achieving cleaner air through cleaner new

motor vehicles.

3. Duration of Program

This rule uses MY1997 as a placeholder for the start date of the

program. As explained above (see n. 17), EPA believes that MY1997 is

not a reasonable start date and will take comment in the SNPRM on the

appropriate start date.25

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

\25\ Auto manufacturers had requested several adjustments to the

National LEV program to address concerns regarding compliance for

MY1997, given the abbreviated time frame for program start up. As

discussed above (see n. 17) EPA is using MY1997 as a placeholder for

the actual start date of the program, even though EPA now believes

that start date is not realistic. Rather than include special

provisions for MY1997, EPA will take comment in the SNPRM on the

appropriate start date.

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

Under today's rule, the National LEV program will continue until

EPA promulgates a mandatory national tailpipe program that is at least

equivalent in stringency to the National LEV program. If EPA

promulgates such a mandatory tailpipe program, then the National LEV

program will end in the first model year that the mandatory program is

at least as stringent on a fleetwide basis as National LEV.

EPA proposed that the National LEV program would stay in place

through MY2003 and possibly through MY2005, depending on whether, by a

specified date, EPA had signed a final rule establishing new, mandatory

tailpipe standards (``Tier 2 standards'') at least as stringent as

National LEV. Under the proposed regulations, if EPA did not issue the

specified regulations on time, then National LEV would end in MY2003.

In that event, manufacturers would be required to meet federal Tier 1

standards starting in MY2004 in any state where California or OTC LEV

standards were not in effect. EPA also took comment on various other

possible approaches, including having the National LEV program extend

until the first model year in which manufacturers must meet new,

mandatory tailpipe standards at least as stringent as National LEV.

EPA received several comments expressing serious concern regarding

the proposal that would allow the National LEV program to end after

MY2003 if EPA did not promulgate Tier 2 regulations that were more

stringent than National LEV. These commenters noted that the proposal

would provide insufficient assurance of future emissions reductions and

would hinder State efforts to reduce ozone pollution.

EPA agrees with these comments and has decided not to adopt the

proposed approach. EPA believes it is unacceptable to set up a program

that has the country take a step backward environmentally if the Agency

fails to act by a future deadline. The proposed approach could cause a

reversion to Tier 1 standards beginning in MY2004, which would cause

considerable emission increases throughout the country.

The final regulations require that the National LEV program stay in

effect until a mandatory federal program is in effect that is

equivalent or more stringent. This approach will provide greater

assurance that vehicles manufactured in or after MY2004 will not create

greater pollution than those manufactured prior to MY2004. It will

therefore reduce the considerable uncertainty that the proposed

approach would have created regarding emissions from vehicles after

MY2004.

Though some commenters believe that the proposed approach would

provide EPA with greater incentive to promulgate standards by December

15, 2000, incentive is not the same as assurance. Promulgation of Tier

2 standards by December 15, 2000, is not a certainty. Section 202(i) of

the Act requires several actions by EPA prior to promulgation of Tier 2

standards. EPA must, for example, complete a report to Congress and

must make specific determinations discussed in section 202(i). EPA has

not taken these actions at this time. Until such time as those

determinations are made, there can be no certainty that Tier 2

standards will actually be promulgated, or that such standards will be

equivalent or more stringent than National LEV standards. Moreover, the

proposed approach would stake the continued reduction of motor vehicle

emissions on the prospect of EPA completing its Tier 2 process by

December 15, 2000. Although EPA intends to continue to work diligently

on its Tier 2 process, there are too many possible occurrences that are

out of EPA's control for EPA to guarantee completion of the process by

that date. Therefore, to allow for more certainty in the National LEV

program, EPA is promulgating regulations that allow the program to

continue until the first model year in which an equivalent or more

stringent federal program is implemented and applicable to new LDVs and

LLDTs.

Some commenters favored the proposed approach because they assumed

that the OTC States' commitments regarding State adoption of section

177 programs would last for the duration of National LEV. These

commenters wanted a more definite end to the OTC State commitments than

would be provided by having the OTC State commitments last for the

duration of National LEV as contained in this rule. EPA believes the

best way to accommodate this concern is to set a separate end date for

the OTC State commitments. EPA will take comment on the appropriate end

date for OTC State commitments in the SNPRM.

B. National LEV Voluntary Tailpipe and Related Standards and Phase-In

Today's final rule adopts the proposed National LEV exhaust

emission standards for LDVs and LLDTs.26 The standards are

closely patterned after the California LEV emission standards, and they

include exhaust emission standards applicable to individual vehicles as

well as a set of fleet average NMOG standards.

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\26\ The federal definitions of ``light-duty vehicle'' and

``light light-duty truck'' (40 CFR 86.094-2) correspond exactly to

the California definitions of ``passenger car'' and ``light-duty

truck,'' respectively. In addition, the federal light light-duty

truck and California light-duty truck categories are each divided

into two subcategories based on identical ranges of loaded vehicle

weight. The alignment of these definitions allows the California

emission standards to be applied directly to the corresponding

federal vehicle certification categories.

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Once manufacturers have opted into the National LEV program and EPA

has found the program to be in effect, manufacturers will be required

to certify each LDV and LLDT engine family to one of five ``vehicle

emission categories,'' each of which has a unique set of emission

standards (described below). The five vehicle emission categories, in

order of increasing stringency, are the federal Tier 1 standards,

TLEVs, LEVs, ULEVs, and ZEVs. The Tier 1 category includes the

[[Page 31209]]

federal standards for exhaust emissions of NMHC, CO, NOX,

and PM. The four remaining categories (the ``LEV'' categories) include

standards for the same pollutants, as well as for formaldehyde.

In addition to meeting the exhaust standards for each emission

category, manufacturers must also comply with fleet average NMOG

standards (described more fully in section IV.B.3., below). Separate

standards apply to the LDVs and LLDTs, and compliance is based on the

number of vehicles produced and offered for sale in each of the five

emission categories, together with the NMOG standard for that category.

NMOG averages first take effect in the OTC States in

MY1997,27 and they decline (become more stringent) until

stabilizing for MY2001 and beyond. Beginning in MY2001, manufacturers

must demonstrate compliance with the same NMOG fleet averages both in

the OTC States and in the 37 States outside the OTC States and

California. Manufacturers are allowed, but not required, to introduce

TLEVs, LEVs, ULEVs, and ZEVs outside the OTR and California prior to

MY2001. However, only vehicles subject to the National LEV program sold

in the OTR will be counted towards a manufacturer's fleet average NMOG

calculation during the phase-in period in the OTR.

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

\27\ MY1997 is used in this rule as a placeholder for the actual

start date. See n. 17 above.

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The exhaust emission standards and fleet average NMOG requirements,

as well as other regulatory elements of the National LEV program, are

contained in a new Code of Federal Regulations (CFR) subpart (subpart R

of title 40, part 86).

1. Exhaust Emission Standards for Categories of NLEVs

This section discusses the exhaust emission standards that NLEVs

must meet. In addition to the voluntary National LEV exhaust standards

that are derived from the California LEV program, manufacturers of

NLEVs must also demonstrate compliance with a few mandatory federal

exhaust standards that have no counterpart in the California LEV

program.28 Both types of standards are discussed here.

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\28\ Participation in the voluntary National LEV program does

not relieve manufacturers of their obligation to meet the mandatory

federal exhaust emission standards. The core of the mandatory

federal exhaust standards are the set of Tier 1 standards, plus

selected pre-Tier 1 (``Tier 0'') standards that Congress let stand

in the 1990 CAA Amendments. Most of these mandatory federal

standards have analogues in the National LEV standards, and for each

of these, the voluntary National LEV standard is of equal or greater

stringency. Certification of a vehicle to the voluntary standards

therefore also demonstrates compliance with the analogous mandatory

standards. (For testing purposes, the National LEV standard may be

described as ``replacing'' the analogous federal standard, although

the federal standard technically still applies.) For those few

federal exhaust standards that have no National LEV counterpart

(discussed below), manufacturers must also demonstrate compliance of

NLEVs with those standards.

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

a. Certification Standards. This final rule establishes separate

sets of emission standards for LDVs and for LLDTs. Current federal

regulations divide the LDT vehicle category into two subcategories,

each of which is further divided into subcategories. LLDTs are those

LDTs less than or equal to 6000 lbs GVWR, and heavy light-duty trucks

(HLDTs) are those LDTs greater than 6000 lbs but less than or equal to

8500 lbs GVWR. The National LEV program contains standards only for the

LLDTs, therefore the HLDT category will continue to be certified to the

applicable Tier 1 standards. Emission standards that apply to LLDTs are

divided into two sets. One set, which is identical to the standards for

LDVs, applies to LLDTs up through 3750 lbs loaded vehicle weight (LVW),

and another slightly less stringent set applies to LLDTs between 3750

and 5750 lbs LVW. Also consistent with current federal and California

regulations, separate sets of standards are promulgated for the

vehicle's intermediate useful life (five years or 50,000 miles,

whichever occurs first) and full useful life (10 years or 100,000

miles, whichever occurs first).

As noted above, there are five vehicle emission categories for

vehicles under the voluntary National LEV program, ranging in

stringency from the current federal Tier 1 vehicles to ZEVs. The Tier 1

standards have already been codified in the current federal regulations

with a phase-in schedule that required 100 percent of MY1996 LDVs and

LLDTs to meet the Tier 1 standards. The TLEV, LEV, ULEV and ZEV

certification standards for LDVs and LLDTs up through 3750 lbs LVW are

shown in Table 2 and those for LLDTs from 3750 to 5750 lbs LVW are

shown in Table 3. As noted below, the particulate standards adopted

specifically for National LEV apply only to diesel vehicles. Non-diesel

vehicles will be subject to the federal Tier 1 PM standards, as

described below.

The federal exhaust standards with no California counterparts are

(1) the Tier 0 total hydrocarbon (THC) standard for all vehicles, (2)

the Tier 1 50,000-mile PM standard, and (3) the 100,000-mile PM

standard for non-diesel vehicles. The California program contains

neither a THC standard nor a 50,000-mile PM standard, and the

California 100,000-mile PM standard applies only to diesel vehicles.

All NLEVs must comply with the federal THC emissions standard. EPA has

adopted the California 100,000-mile diesel PM standard for NLEVs, but,

to meet the requirements of the mandatory federal program, diesel NLEVs

must also certify to the Tier 1 50,000-mile PM standard. Non-diesel

NLEVs must meet the federal Tier 1 50,000-mile and 100,000-mile PM

standards.

Compliance with the Tier 0 THC standard should not result in

testing beyond that required for LEV standards. The current federal

program provides for a reduced data reporting burden, including the use

of engineering justifications, in certain cases where compliance with a

mandatory standard for a given vehicle or emission control technology

is clear cut. Such is the case for current-technology gasoline vehicles

when demonstrating compliance with the Tier 1 PM standards and for most

current technology vehicles whose Tier 1 NMHC values demonstrate

compliance with the THC standards. The Agency anticipates that

manufacturers will reduce their compliance burden by taking advantage

of these same data reporting options when certifying NLEVs.

[[Page 31210]]

Table 2.--National LEV Intermediate and Full Useful Life Standards (g/mi) for LDVs and LLDTs to 3750 Lbs LVW

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

Vehicle PM1

Vehicle useful life (miles) emission NMOG CO NOX HCHO (diesel

category only)

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

50,000........................ TLEV 0.125 3.4 0.4 0.015 ...........

LEV 0.075 3.4 0.2 0.015 ...........

ULEV 0.040 1.7 0.2 0.008 ...........

100,000....................... TLEV 0.156 4.2 0.6 0.018 0.08

LEV 0.090 4.2 0.3 0.018 0.08

ULEV 0.055 2.1 0.3 0.011 0.04

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

\1\ See the discussion in this section IV.B.1.a regarding the applicability of PM standards.

Table 3.--National LEV Intermediate and Full Useful Life Standards (g/mi) for LLDTs From 3751 Lbs LVW to 5750

Lbs LVW

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

Vehicle PM\1\

Vehicle useful life (miles) emission NMOG CO NOX HCHO (diesel

category only)

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

50,000........................ TLEV 0.160 4.4 0.7 0.018 ...........

LEV 0.100 4.4 0.4 0.018 ...........

ULEV 0.050 2.2 0.4 0.009 ...........

100,000....................... TLEV 0.200 5.5 0.9 0.023 0.08

LEV 0.130 5.5 0.5 0.023 0.08

ULEV 0.070 2.8 0.5 0.013 0.04

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

\1\ See the discussion in this section IV.B.1.a regarding the applicability of PM standards.

The voluntary standards also include two-tiered NMOG standards for

flexible-fuel and dual-fuel vehicles, based on California's approach to

standards for these vehicle types.29 Flexible- and dual-fuel

vehicles have to certify to the applicable standards both on the

alternative fuel and on gasoline. When certifying on an alternative

fuel, these vehicles have to meet the intermediate and full useful life

emission standards for TLEVs, LEVs or ULEVs laid out

above.30

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\29\ Flexible-fuel vehicles are those that can operate on either

of two different fuels or any combination of those fuels, while

dual-fuel vehicles can operate on either of two different fuels but

not on combinations of those fuels.

\30\ Consistent with California's methodology, the measured NMOG

mass emissions are adjusted by a RAF for the given type of

alternative fuel before being compared to the applicable emission

standard. Determination of the applicable RAF is discussed later in

section IV.B.5.d.

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When certifying on gasoline, flexible-fuel and dual-fuel vehicles

have to meet the next higher (less stringent) category of NMOG emission

standards than the standards to which the vehicle was certified on an

alternative fuel. However, except for NMOG, the vehicle must meet the

same emissions standards (NOx, CO, etc.) when operated on gasoline as

it did when operated on the alternative fuel. For example, a flexible-

fuel vehicle that certifies to ULEV standards on an alternative fuel

would have to certify to the LEV NMOG standard and ULEV CO, NOx, PM,

and HCHO standards when operated on gasoline. The same principle holds

true for determining applicable in-use standards for flexible-fuel and

dual-fuel vehicles. This approach allows manufacturers to optimize the

emission control system for the alternative fuel rather than for

gasoline, and encourages rather than discourages the development of

alternative fuel technologies. Consistent with California, flexible-

fuel and dual-fuel vehicles will be counted toward the NMOG fleet

average standard on the basis of their NMOG certification levels on the

alternative fuel, not on gasoline. There is, however, no requirement

under the National LEV program that such vehicles operate on

alternative fuels in-use.

b. In-Use Standards. As proposed in the NPRM, the National LEV

program explicitly adopts California's intermediate in-use standards,

which are slightly less stringent than the certification standards.

These standards, which apply to in-use testing for a period of model

years following introduction of the certification standards, are set at

less stringent levels than the certification standards to allow

manufacturers to gain in-use experience with vehicles certified to LEV

or ULEV standards. EPA is adopting these standards consistent with the

current California requirements, which include recently adopted

revisions. (See the Response to Comments document for further

discussion of these revisions, section II.D.1.) The in-use standards

apply through MY1999 for LEVs and through MY2002 for ULEVs, and include

both intermediate useful life (50,000 miles) and full useful life

(100,000 miles) standards (full useful life in-use standards apply

starting with MY1999). In-use standards for LDVs and LLDTs to 3750 lbs

LVW are shown in Table 4 and those applicable to LLDTs from 3751 to

5750 lbs LVW are shown in Table 5. As indicated in the tables,

compliance with in-use standards beyond the intermediate useful life is

not required for LEVs and ULEVs until after MY1998. These in-use

standards for vehicles certified under the National LEV program apply

to vehicles sold both within and outside the OTR. Some of the

complexity in the tables below results from changes in the in-use

formaldehyde standards that occur starting with MY2001.

Table 4.--National LEV In-Use Standards (g/mi) for LDVs and LLDTs to 3750 lbs LVW \1\

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

Useful life

Vehicle emission category Model year (miles) NMOG CO NOX HCHO

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

LEV............................ 1997-1999 50,000 0.100 3.4 0.3 0.015

1999 100,000 0.125 4.2 0.4 0.018

ULEV........................... 1997-1998 50,000 0.058 2.6 0.3 0.012

1999-2000 50,000 0.055 2.1 0.3 0.012

2001-2002 50,000 0.055 2.1 0.3 0.008

1999-2002 100,000 0.075 3.4 0.4 0.011

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

\1\ MY1997 is used in this rule as a placeholder for the actual start date. See footnote no. 17.

Table 5.--National LEV In-Use Standards (g/mi) for LLDTs From 3751 Lbs LVW to 5750 LVW \1\

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

Useful life

Vehicle emission category Model year (miles) NMOG CO NOX HCHO

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

LEV............................ 1997-1998 50,000 0.128 4.4 0.5 0.018

1999 50,000 0.130 4.4 0.5 0.018

1999 100,000 0.160 5.5 0.7 0.018

ULEV........................... 1997-1998 50,000 0.075 3.3 0.5 0.014

1999-2002 50,000 0.070 2.8 0.5 0.014

1999-2002 100,000 0.100 4.4 0.7 0.014

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

\1\ MY1997 is used in this rule as a placeholder for the actual start date. See footnote no. 17.

2. Non-methane Organic Gases Fleet Average Standards

a. Compliance with the NMOG Standards. Under the National LEV

program, manufacturers will be required to meet an increasingly

stringent fleet average NMOG standard. Today's action adopts the fleet

average NMOG standards and schedule for LDVs and LLDTs as proposed in

the NPRM. The fleet average NMOG values (Table 6) will apply, on a

manufacturer-by-manufacturer basis, to vehicles sold in the OTR from

MY1997 until the end of the National LEV program.31 The NMOG

values will also apply to vehicles sold in every state outside the OTR,

except California, beginning with MY2001. (Low volume manufacturers, as

defined in this rule, will be exempt until MY2001, as discussed more

fully in section IV.C. below.) The decreasing fleet average standards

were derived by multiplying certification emission levels for various

categories of vehicles by achievable implementation rates for each

vehicle category. The NMOG standards are equivalent to the sale of 40

percent TLEVs in MY1997-MY1998, 40 percent TLEVs and 30 percent LEVs in

MY1999, 40 percent TLEVs and 60 percent LEVs in MY2000, and 100 percent

LEVs in MY2001.

[[Page 31211]]

\31\ MY1997 is used in this rule as a placeholder for the actual

start date. See n. 17 above.

Table 6.--Fleet Average NMOG Exhaust Emission Standards (g/mi) for LDVs and LLDTs Sold in the OTR\1\

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

Fleet

Vehicle type Model year average

NMOG

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

LDV and LLDT (0-3750 LVW)..................... 1997............................................... 0.200

1998............................................... 0.200

1999............................................... 0.148

2000............................................... 0.095

2001 and later..................................... 0.075

LLDT (3751-5750 LVW).......................... 1997............................................... 0.256

1998............................................... 0.256

1999............................................... 0.190

2000............................................... 0.124

2001 and later..................................... 0.100

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

\1\ MY1997 is used in this rule as a placeholder for the actual start date. See footnote no. 17.

Manufacturers will be required to meet separate NMOG averages for

each of two vehicle groups; i.e., a fleet average will be calculated

for LDVs and LLDTs from 0-3750 LVW, and for LLDTs from 3751-5750 LVW.

Also, as discussed below, manufacturers will have to meet NMOG averages

for each of these groups in the two separate regions: states within the

OTR (Northeast Trading Region or NTR), and states (except California)

outside the OTR (37 States). Prior to MY2001, compliance with the fleet

average NMOG requirements is required only in the OTR. However, a

manufacturer choosing to bank credits for use in the 37 States

beginning in MY2001 will have to demonstrate that its fleet average

NMOG is more stringent than the NMOG value for Tier 1 vehicles in the

37 States for these early years.32 Beginning in MY2001,

manufacturers will have to meet the fleet average NMOG standards

separately in each of the two regions.

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

\32\ For purposes of demonstrating compliance with the fleet

average NMOG standards, the NMOG value for Tier 1 LDVs and LLDTs 0-

3750 lbs LVW is 0.25 grams/mile, and for LLDTs 3751-5750 lbs LVW is

0.32 grams/mile.

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

Manufacturers will be able to comply with the fleet average NMOG

standards by selling any combination of vehicles certified to the Tier

1, TLEV, LEV,

[[Page 31212]]

ULEV, or ZEV levels, such that the overall LDV and LLDT fleets in each

region meet the required fleet average values. A sales-weighted fleet

average will be calculated based on the intermediate useful life (five

years, 50,000 mile) certification NMOG standards of the vehicle

categories. A manufacturer will multiply the NMOG emission standard for

each certification category by the number of that type of vehicle that

the manufacturer sold in that region, add these products to the Hybrid

Electric Vehicle (HEV) contribution factor (discussed in section

IV.B.8.), and then divide by the total number of vehicles sold in that

region by the manufacturer.

b. Tracking Vehicles for Fleet Average NMOG Compliance. Because

vehicles sold to locations in California and other countries, including

Canada and Mexico, are excluded from the National LEV program, and

because fleet average NMOG calculations are specific to each of the two

regions, as described further in the following section, manufacturers

are required to obtain data on the location of vehicle sales to

demonstrate accurate fleet average NMOG calculations. However, to ease

the burden on manufacturers of tracking vehicles to the end user,

manufacturers need only track vehicles to the location where the

completed vehicle or truck is purchased, otherwise known as the point

of first sale. In most cases, this will be the sale from the

manufacturer to the dealer. In cases where the end user purchases the

completed vehicle directly from the manufacturer, the location of the

end user is the point of first sale. Vehicle sales data pertaining to

vehicles already shipped to a point of first sale is also known as

first delivery information.

In the NPRM, EPA proposed to have manufacturers track vehicles to

the location where the completed vehicle or truck is purchased, but

mistakenly called this ``point of first retail sale'' (emphasis added).

EPA did not intend to require, however, to have vehicles tracked to the

end user, which is the general level of tracking triggered by point of

first retail sale requirements. The term ``point of first retail sale''

derives from requirements applicable to the heavy-duty engine market.

Heavy duty engine manufacturers often sell engines to truck builders,

who in turn may sell their completed trucks to consumers or dealers

located anywhere. This dispersion of the engines even after the first

sale makes it necessary for manufacturers to track engines to the point

of first retail sale in order to make a reasonable estimate of the

engine's final location. However, in the light-duty market,

manufacturers sell almost all of their production to dealerships, who

in turn sell most vehicles to users located in the general area of the

dealership. The practical constraints on dispersion of vehicles after

the first sale make tracking light-duty vehicles and trucks to the

point of first retail sale unnecessary, as EPA recognized in

establishing trading requirements for phase-in of Tier 1 vehicles.

Thus, today's action clarifies the vehicle tracking requirement and

corrects the proposed language now to require manufacturers to track

National LEV vehicles to the point of first sale.

EPA recognizes that dealers occasionally trade vehicles to obtain

particular makes or models, but the Agency does not believe that this

trading will have any significant effect on the air quality benefits of

the National LEV program. Trading vehicles between dealerships occurs

largely over limited geographic distances, which means that most trades

will redistribute vehicles within the same region. EPA believes that

inter-regional trades would have a de minimis effect on vehicle mixes

and resulting air quality.

EPA is making an additional minor change in the regulations to

clarify an inconsistency in the proposal. The proposed regulations

applied the National LEV requirements to vehicles that manufacturers

``produce and deliver for sale,'' which is the language used in the

California regulations. However, under both the proposed and final

rules, for purposes of determining compliance with the National LEV

requirements, manufacturers must track vehicles to the point of first

sale (point of first retail sale in the proposal). Practically, this

means that the proposed and final National LEV requirements apply to

the vehicles actually sold by manufacturers, rather than the vehicles

delivered for sale, which may be different. As discussed above, for the

Agency to enforce the National LEV requirements on a region-specific

basis, it is necessary to track vehicles to where they are first sold.

The point at which vehicles are delivered for sale is more difficult to

identify and may give a less accurate indication of the vehicles' final

destination. Given that the tracking requirement will be used to

determine compliance, EPA is modifying the applicability of the

National LEV requirements to reflect that this is the controlling

requirement. Thus, in the final rule, EPA is applying the National LEV

requirements to the vehicles actually sold by manufacturers, which are

the same vehicles used for demonstrating compliance with those

requirements.

c. OTC State Government ATV Purchases. Manufacturers may not

include in their fleet average NMOG calculations ATVs bought in the OTR

by state governments. EPA is including this limitation at the request

of the OTC States and auto manufacturers. The OTC States and

manufacturers intend the limitation to allow the OTC States to promote

ATV purchases pursuant to the ATV component they had negotiated,

without allowing manufacturers to offset these purchases with increased

sales of higher-emitting vehicles. For the purpose of National LEV, an

ATV is defined as any vehicle certified by CARB or EPA that is either:

(1) A dual-fuel, flexible-fuel, or dedicated alternatively fueled

vehicle certified as a TLEV, LEV, or ULEV when operated on the

alternative fuel; (2) certified as a ULEV or Inherently Low Emission

Vehicle (ILEV) (irrespective of whether conventionally or alternatively

fueled); or (3) a dedicated or hybrid electric vehicle.

This exclusion of OTC State government purchases of ATVs from the

fleet average NMOG value applies to any ATV purchases by OTC State

governments that the governments have properly reported to the

manufacturers. For the limitations to apply, the governments must

report their purchases of these vehicles to the respective

manufacturers n

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Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: Voluntary Standards for Light-Duty Vehicles · 62 FR 31192 | Frix