
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Proposed Rules]
[Pages 39551-39553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17419]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

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

[NHTSA-2016-0068]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

[EPA-HQ-OAR-2015-0827; FRL-9966-62-OAR]


Request for Comment on Reconsideration of the Final Determination 
of the Mid-Term Evaluation of Greenhouse Gas Emissions Standards for 
Model Year 2022-2025 Light-Duty Vehicles; Request for Comment on Model 
Year 2021 Greenhouse Gas Emissions Standards

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

ACTION: Request for comment.

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SUMMARY: In a March 22, 2017, Federal Register document, the 
Environmental Protection Agency (EPA) announced its intention to 
reconsider the Final Determination of the Mid-term Evaluation of 
greenhouse gas emissions standards for model year 2022-2025 light-duty 
vehicles and to coordinate its reconsideration with the parallel 
rulemaking process to be undertaken by the Department of 
Transportation's National Highway Traffic Safety Administration (NHTSA) 
regarding Corporate Average Fuel Economy (CAFE) standards for cars and 
light trucks for the same model years. In this document, EPA is 
announcing that it is reconsidering whether the light-duty vehicle 
greenhouse gas standards previously established for model years 2022-
2025 are appropriate under section 202(a) of the Clean Air Act and 
invites stakeholders to submit any comments, data, and information they 
believe are relevant to the Administrator's reconsideration of the 
January 2017 Mid-term Evaluation Final Determination and in particular, 
highlight any new information. As part of a 2012 joint final rulemaking 
by the EPA and NHTSA, the Mid-term Evaluation process was codified in 
EPA regulation for greenhouse gas emission standards for model years 
2017-2025 light-duty vehicles, which requires EPA to determine no later 
than April 1, 2018,

[[Page 39552]]

whether the standards for model years 2022-2025 are appropriate.\1\ In 
accord with this schedule, as noted in the March 22, 2017, document and 
this document, EPA intends to make a Final Determination regarding the 
appropriateness of the model year 2022-2025 standards no later than 
April 1, 2018. In this document, EPA is also requesting comment on the 
separate question of whether the light-duty vehicle greenhouse gas 
standards established for model year 2021 remain appropriate, 
regardless of the agency's decision on the MTE.
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    \1\ 40 CFR 86.1818-12(h); see also 77 FR 62624 (October 15, 
2012).

DATES: Comments must be received on or before October 5, 2017. EPA will 
announce the public hearing date and location for this document in a 
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supplemental Federal Register publication.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0827 to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions. Once submitted, 
your submittal cannot be edited or withdrawn. The EPA may publish any 
submittals received to its public docket. Do not submit electronically 
to the docket any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written submittal. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). Contact the EPA contact person 
listed below if you would like to provide CBI to the agency for 
consideration. For additional submission methods, the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Lieske, Office of 
Transportation and Air Quality (OTAQ), Assessment and Standards 
Division (ASD), Environmental Protection Agency, 2000 Traverwood Drive, 
Ann Arbor MI 48105; telephone number: (734) 214-4584; email address: 
lieske.christopher@epa.gov; fax number: 734-214-4816; and Rebecca 
Schade, Office of the Chief Counsel, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; 
telephone: (202) 366-2992.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

    Materials related to the Mid-term Evaluation are available in the 
public docket noted above and at https://www.epa.gov/regulations-emissions-vehicles-and-engines/midterm-evaluation-light-duty-vehicle-ghg-emissions.

A. How do I prepare and submit information?

    Direct your submittals to Docket ID No EPA-HQ-OAR-2015-0827. EPA's 
policy is that all submittals received will be included in the public 
docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the submittal includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute.
    Do not submit information to the docket that you consider to be CBI 
or otherwise protected through www.regulations.gov. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your submittal. If you submit an electronic 
submittal, EPA recommends that you include your name and other contact 
information in the body of your submittal and with any disk or CD-ROM 
you submit. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    EPA will also hold a public hearing on this notice. We will 
announce the public hearing date and location in a supplemental Federal 
Register notice.

B. Submitting CBI

    Do not submit this information to EPA through www.regulations.gov 
or email. Clearly mark the part or all of the information that you 
claim to be CBI. For CBI information in a disk or CD ROM that you mail 
to EPA, mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.

C. Tips for Preparing Your Comments

    When submitting comments, remember to:
     Identify the action by docket number and other identifying 
information (subject heading, Federal Register date and page number).
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified in the DATES section above.

II. Additional Information

    In a March 22, 2017, Federal Register document, the Environmental 
Protection Agency announced its intention to reconsider the Final 
Determination of the Mid-term Evaluation of greenhouse gas emissions 
standards for model year 2022-2025 light-duty vehicles and to 
coordinate its reconsideration with the parallel rulemaking process to 
be undertaken by the Department of Transportation's National Highway 
Traffic Safety Administration (NHTSA) regarding Corporate Average Fuel 
Economy (CAFE) standards for cars and light trucks for the same model 
years.\2\ In this document, EPA is announcing that it is reconsidering 
whether the light-duty vehicle greenhouse gas standards previously 
established for model years 2022-2025 are appropriate under section 
202(a) of the Clean Air Act and invites stakeholders to submit any 
comments, data, and information they believe are relevant to the 
Administrator's reconsideration of the Final Determination and in 
particular, highlight any new information. As part of a 2012 joint 
final rulemaking by the EPA and NHTSA, the Mid-term

[[Page 39553]]

Evaluation process was codified in EPA regulation for greenhouse gas 
emission standards for model years 2017-2025 light-duty vehicles, which 
requires EPA to determine no later than April 1, 2018, whether the 
standards for model years 2022-2025 are appropriate.\3\ In November 
2016, EPA issued a proposed determination for the Mid-Term 
Evaluation.\4\ On January 12, 2017, the EPA Administrator signed the 
Final Determination of the Mid-Term Evaluation.
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    \2\ 82 FR 14671.
    \3\ 77 FR 62624 (October 15, 2012). NHTSA is statutorily 
required to conduct a de novo rulemaking on MY 2022 to 2025 
standards for light-duty vehicles. NHTSA has recently taken the 
first step in this process by publishing the ``Notice of Intent To 
Prepare an Environmental Impact Statement for Model Year 2022-2025 
Corporate Average Fuel Economy Standards'' on July 26, 2017.
    \4\ 81 FR 87927 (Dec. 6, 2016).
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    Some stakeholders previously commented that they were preparing 
studies to inform the Mid-term Evaluation that were not ready for 
submission during the previous Mid-term Evaluation comment periods. 
This additional comment period provides an opportunity for commenters 
to submit to EPA additional studies and other materials as well as to 
complete the preparation of their comments, or submit additional 
comments in light of newly available information. There is an existing 
body of EPA analyses and public comments already in the docket. Please 
note that the agency is primarily interested in comments relevant to 
the reconsideration of the Final Determination, rather than the 
Technical Assessment Report (TAR), which is not being reopened for 
comment in this document. Additionally, NHTSA has been working closely 
with stakeholders to develop its forthcoming rulemaking since the March 
2017 joint document with EPA, and encourages commenters wishing to 
inform those efforts to directly participate in NHTSA's rulemaking 
process.
    EPA's reconsideration will be conducted in accordance with the 
regulations EPA established for the Mid-term Evaluation at 40 CFR 
86.1818-12(h). These regulations state that in making the required 
determination as to whether the existing standards are appropriate 
under section 202(a) of the Clean Air Act, the Administrator shall 
consider the information available on the factors relevant to setting 
greenhouse gas emission standards under section 202(a) of the Clean Air 
Act for model years 2022 through 2025, including but not limited to:
     The availability and effectiveness of technology, and the 
appropriate lead time for introduction of technology;
     The cost on the producers or purchasers of new motor 
vehicles or new motor vehicle engines;
     The feasibility and practicability of the standards;
     The impact of the standards on reduction of emissions, oil 
conservation, energy security, and fuel savings by consumers;
     The impact of the standards on the automobile industry;
     The impacts of the standards on automobile safety;
     The impact of the greenhouse gas emission standards on the 
Corporate Average Fuel Economy standards and a national harmonized 
program; and
     The impact of the standards on other relevant factors.\5\
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    \5\ 40 CFR 86.1818-12(h)(1).
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    Pursuant to 40 CFR 86.1818-12(h)(1)(viii), EPA also invites 
comments on the following other factors relevant to setting greenhouse 
gas emission standards under section 202(a) of the Clean Air Act for 
model years 2022 through 2025:
     The impact of the standards on compliance with other air 
quality standards;
     The extent to which consumers value fuel savings from 
greater efficiency of vehicles;
     The ability for OEMs to incorporate fuel saving 
technologies, including those with ``negative costs,'' absent the 
standards;
     The distributional consequences on households;
     The appropriate reference fleet;
     The impact of the standards on advanced fuels technology, 
including but not limited to the potential for high-octane blends;
     The availability of realistic technological concepts for 
improving efficiency in automobiles that consumers demand, as well as 
any indirect impacts on emissions;
     The advantages or deficiencies in EPA's past approaches to 
forecasting and projecting automobile technologies, including but not 
limited to baseline projections for compliance costs, technology 
penetration rates, technology performance, etc.;
     The impact of the standards on consumer behavior, 
including but not limited to consumer purchasing behavior and consumer 
automobile usage behavior (e.g. impacts on rebound, fleet turnover, 
consumer welfare effects, etc.); and
     Any relevant information in light of newly available 
information.
    In addition, EPA seeks comment on the use of alternative 
methodologies and modeling systems to assess both analytical inputs and 
the standards, including but not limited to the Department of Energy's 
(DOE's) Argonne National Laboratory's Autonomie full vehicle simulation 
tool and DOT's CAFE Compliance and Effects Model.
    In accord with the schedule set forth in its regulations, the EPA 
intends to make a Final Determination regarding the appropriateness of 
the model year 2022-2025 greenhouse gas standards, and potentially the 
model year 2021 greenhouse gas standard, no later than April 1, 2018.
    In this document, in the interest of harmonization between the GHG 
and CAFE programs, EPA is also requesting comment on the separate 
question of whether the light-duty vehicle greenhouse gas standards 
established for model year 2021 are appropriate. In its July 26, 2017, 
``Notice of Intent To Prepare an Environmental Impact Statement for 
Model Year 2022-2025 Corporate Average Fuel Economy Standards,'' NHTSA 
stated that as part of its upcoming CAFE rulemaking, it may evaluate 
the model year 2021 standards it finalized in 2012 to ensure they 
remain ``maximum feasible'' (See 82 FR 34742). Please provide comment 
on the continued appropriateness of the model year 2021 GHG standards 
based on the application of the factors described above or any other 
factors that commenters believe are appropriate.

    Dated: August 10, 2017.
Elaine L. Chao,
Secretary, Department of Transportation.
    Dated: August 10, 2017.
E. Scott Pruitt,
Administrator, Environmental Protection Agency.
[FR Doc. 2017-17419 Filed 8-18-17; 8:45 am]
 BILLING CODE 6560-50-P


