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EPA/AR RIN: 2060-AQ86 Publication ID: Fall 2011 
Title: Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards 
Abstract: This rule will establish new standards for light-duty vehicles and their fuels in order to reduce emissions of criteria and toxic pollutants and their impact on air quality and health. This action will set forth a comprehensive approach toward regulating motor vehicles for non-greenhouse gas pollutants, as requested by a May 2010 Presidential memorandum. 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: Undetermined 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: CAA 202(a) and 211(v)   
Legal Deadline:  None

Statement of Need: States are working to attain National Ambient Air Quality Standards for ozone, PM, and NOx. Light-duty vehicles are responsible for a significant portion of the precursors to these pollutants and are large contributors to ambient air toxic pollution. For example, without future controls, by 2014 light-duty vehicles are projected to contribute 25 percent of nationwide mobile-source NOx, 40 percent of nationwide mobile-source VOC, and 10 percent nationwide mobile-source PM. Importantly, by 2020 mobile sources are expected to be as much as 50 percent of the inventories for some individual urban areas without future controls. Light-duty vehicles also contribute about half of the 2030 mobile source inventory of toxics; the 2002 National-Scale Air Toxics Assessment showed that mobile sources were responsible for over 50 percent of cancer risk and over 80 percent of noncancer hazard. Clearly, there is a need for tighter light-duty vehicle standards and fuel standards as part of a comprehensive approach to reducing pollution from motor vehicles. Renewable fuels are recognized to pose potential air quality concerns, and EPA has a mandate to address them under Clean Air Act section 211(q) and 211(v). Specifically, both EPAct of 2005 and EISA (2007) amended the CAA to require EPA to determine adverse air quality impacts of renewable fuels and to implement appropriate measures to mitigate these impacts to the greatest extent achievable.

Summary of the Legal Basis: The Clean Air Act, section 202(a)(1), states "The Administrator shall by regulation prescribe (and from time to time revise) in accordance with the provisions of this section, standards applicable to the emission of any air pollutant from any class, or class of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may be reasonably be anticipated to endanger public health or welfare." Section 202(a) covers all on-highway vehicles, including medium and heavy-duty trucks. EPA is also using its authority under section 211(c) of the Clean Air Act to address gasoline sulfur controls, section 211(h) to address Reid Vapor Pressure, and section 211(v), which requires that the Administrator promulgate fuel regulations to implement appropriate measures to mitigate, to the greatest extent achievable, and considering the results of the anti-backsliding study completed under section 211(v) (1), any adverse impacts on air quality as a results of the renewable volumes or make a determination that no such measures are necessary.

Alternatives: The rulemaking proposal will include an evaluation of regulatory alternatives that can be considered in addition to the Agency's primary proposal.

Anticipated Costs and Benefits: Detailed analysis of economy-wide cost impacts, emissions reductions, and societal benefits will be performed during the rulemaking process.

Risks: The failure to set new Tier 3 vehicle/fuel standards will adversely impact the population living in nonattainment areas, where reductions from the Tier 3 rule are needed to help attain and maintain the ozone and PM NAAQS (and to mitigate adverse effects of renewable fuels). Also, without the new Tier 3 vehicle/fuel standards, the sizeable population living, working, and going to school near roads will continue to be exposed to higher levels of air toxics, which is a current environmental justice and children's health concern.

Action Date FR Cite
NPRM  03/00/2012    
Final Action  10/00/2012    
Additional Information: EPA Docket information: EPA-HQ-OAR-2011-0135. Includes Retrospective Review under E.O. 13563.
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
Sectors Affected: 324110 Petroleum Refineries; 336111 Automobile Manufacturing; 336112 Light Truck and Utility Vehicle Manufacturing; 336120 Heavy Duty Truck Manufacturing; 336311 Carburetor, Piston, Piston Ring, and Valve Manufacturing; 336312 Gasoline Engine and Engine Parts Manufacturing; 454312 Liquefied Petroleum Gas (Bottled Gas) Dealers; 484220 Specialized Freight (except Used Goods) Trucking, Local; 484230 Specialized Freight (except Used Goods) Trucking, Long-Distance; 541690 Other Scientific and Technical Consulting Services; 811112 Automotive Exhaust System Repair; 811198 All Other Automotive Repair and Maintenance 
RIN Data Printed in the FR: No 
Agency Contact:
Catherine Yanca
Environmental Protection Agency
Air and Radiation
Ann Arbor, MI 48105
Phone:734 214-4769

Kathryn Sargeant
Environmental Protection Agency
Air and Radiation
Ann Arbor, MI 48105
Phone:734 214-4441

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