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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules
Vehicles Rule for Model Years 2021
2026 Passenger Cars and Light Trucks the 2020 final rule by July 2021. The Executive order directed that In considering whether to propose suspending, revising, or rescinding that rule, the agency i.e., NHTSA should consider the views of representatives from labor unions, States, and industry.
This proposal follows the review directed in this Executive order.
Promulgated under NHTSAs statutory authorities, it proposes new CAFE
standards for the model years covered by the 2020 final rule for which there is still available lead time to change, and it accounts for the views provided by labor unions, States, and industry.

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D. Environmental Considerations 1. National Environmental Policy Act NEPA
Concurrently with this NPRM, NHTSA is issuing a Supplemental Environmental Impact Statement SEIS, pursuant to the National Environmental Policy Act, 42 U.S.C. 43214347, and implementing regulations issued by the Council on Environmental Quality CEQ, 40 CFR part 1500, and NHTSA, 49 CFR part 520. NHTSA prepared the SEIS to analyze and disclose the potential environmental impacts of the proposed CAFE standards and a range of alternatives. The SEIS analyzes direct, indirect, and cumulative impacts and analyzes impacts in proportion to their significance.
The SEIS describes potential environmental impacts to a variety of resources, including fuel and energy use, air quality, climate, land use and development, hazardous materials and regulated wastes, historical and cultural resources, noise, and environmental justice. The SEIS also describes how climate change resulting from global carbon dioxide emissions including CO2 emissions attributable to the U.S.
light-duty transportation sector under the alternatives considered could affect certain key natural and human resources. Resource areas are assessed qualitatively and quantitatively, as appropriate, in the SEIS.
NHTSA has considered the information contained in the SEIS as part of developing this proposal. The SEIS is available for public comment;
instructions for the submission of comments are included inside the document. NHTSA will simultaneously issue the Final Environmental Impact Statement and Record of Decision, pursuant to 49 U.S.C. 304ab, unless it is determined that statutory criteria or practicability considerations preclude
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simultaneous issuance. For additional information on NHTSAs NEPA
analysis, please see the SEIS.
2. Clean Air Act CAA as Applied to NHTSAs Proposal The CAA 42 U.S.C. 7401 et seq. is the primary Federal legislation that addresses air quality. Under the authority of the CAA and subsequent amendments, EPA has established National Ambient Air Quality Standards NAAQS for six criteria pollutants, which are relatively commonplace pollutants that can accumulate in the atmosphere as a result of human activity. EPA is required to review each NAAQS every five years and to revise those standards as may be appropriate considering new scientific information.
The air quality of a geographic region is usually assessed by comparing the levels of criteria air pollutants found in the ambient air to the levels established by the NAAQS taking into account, as well, the other elements of a NAAQS:
Averaging time, form, and indicator.
Concentrations of criteria pollutants within the air mass of a region are measured in parts of a pollutant per million parts ppm of air or in micrograms of a pollutant per cubic meter mg/m3 of air present in repeated air samples taken at designated monitoring locations using specified types of monitors. These ambient concentrations of each criteria pollutant are compared to the levels, averaging time, and form specified by the NAAQS
in order to assess whether the regions air quality is in attainment with the NAAQS.
When the measured concentrations of a criteria pollutant within a geographic region are below those permitted by the NAAQS, EPA designates the region as an attainment area for that pollutant, while regions where concentrations of criteria pollutants exceed Federal standards are called nonattainment areas. Former nonattainment areas that are now in compliance with the NAAQS
are designated as maintenance areas.
Each State with a nonattainment area is required to develop and implement a State Implementation Plan SIP
documenting how the region will reach attainment levels within time periods specified in the CAA. For maintenance areas, the SIP must document how the State intends to maintain compliance with the NAAQS. When EPA revises a NAAQS, each State must revise its SIP
to address how it plans to attain the new standard.
No Federal agency may engage in, support in any way or provide financial assistance for, license or permit, or approve any activity that does not
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conform to a SIP or Federal Implementation Plan after EPA has approved or promulgated it.555 Further, no Federal agency may approve, accept, or fund any transportation plan, program, or project developed pursuant to title 23 or chapter 53 of title 49, U.S.C., unless the plan, program or project has been found to conform to any applicable implementation plan in effect.556 The purpose of these conformity requirements is to ensure that Federally sponsored or conducted activities do not interfere with meeting the emissions targets in SIPs, do not cause or contribute to new violations of the NAAQS, and do not impede the ability of a State to attain or maintain the NAAQS or delay any interim milestones. EPA has issued two sets of regulations to implement the conformity requirements:
1 The Transportation Conformity Rule 557 applies to transportation plans, programs, and projects that are developed, funded, or approved under title 23 or chapter 53 of title 49, U.S.C.
2 The General Conformity Rule 558
applies to all other Federal actions not covered under transportation conformity. The General Conformity Rule establishes emissions thresholds, or de minimis levels, for use in evaluating the conformity of an action that results in emissions increases.559 If the net increases of direct and indirect emissions exceed any of these thresholds, and the action is not otherwise exempt, then a conformity determination is required. The conformity determination can entail air quality modeling studies, consultation with EPA and State air quality agencies, and commitments to revise the SIP or to implement measures to mitigate air quality impacts.
The proposed CAFE standards and associated program activities are not developed, funded, or approved under title 23 or chapter 53 of title 49, U.S.C.
Accordingly, this action and associated program activities are not subject to transportation conformity. Under the General Conformity Rule, a conformity determination is required where a Federal action would result in total direct and indirect emissions of a criteria pollutant or precursor originating in nonattainment or maintenance areas equaling or exceeding the rates specified in 40 CFR
93.153b1 and 2. As explained 555 42
556 42
557 40

U.S.C.7506c1.
U.S.C. 7506c2.
CFR part 51, subpart T, and part 93, subpart
A.
558 40 CFR part 51, subpart W, and part 93, subpart B.
559 40 CFR 93.153b.

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