81 FR 12637 - Revisions to the California State Implementation Plan; South Coast Air Quality Management District; Control of Oxides of Nitrogen Emissions From Off-Road Diesel Vehicles
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 47 (March 10, 2016)
Federal Register Volume 81, Issue 47 (March 10, 2016)
| Page Range | 12637-12641 | |
| FR Document | 2016-05278 |
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)] [Proposed Rules] [Pages 12637-12641] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05278] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0819; FRL-9943-47-Region 9] Revisions to the California State Implementation Plan; South Coast Air Quality Management District; Control of Oxides of Nitrogen Emissions From Off-Road Diesel Vehicles AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve South Coast Air Quality Management District's (SCAQMD or District) Rule 2449, Control of Oxides of Nitrogen Emissions from Off- Road Diesel Vehicles, which adopts by reference title 13, chapter 9, section 2449.2 of the California Code of Regulations (CCR), ``Surplus Off-Road Opt-In for NOX (SOON) Program,'' as part of the SCAQMD portion of the California State Implementation Plan (SIP). SCAQMD Rule 2449 requires certain in-use off-road vehicle fleets to meet more stringent requirements in the South Coast area when funding is provided by the District in order to achieve additional reductions of oxides of Nitrogen (NOX ). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by April 11, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2015-0819 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically 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 comment. 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). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For 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: Doris Lo, EPA Region IX, (415) 972- 3959, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Background II. The State's Submittal A. What rule did the State submit? B. Are there other versions of the rule? C. What is the purpose of the submitted rule? D. What do the Off-Road Regulation and Rule 2449 require? III. The EPA's Evaluation of the State's Submittal A. How is the EPA evaluating the rule? B. Does Rule 2449 meet CAA SIP evaluation criteria? 1. Did the SCAQMD and CARB provide adequate public notice and comment periods? 2. Do the SCAQMD and CARB have adequate legal authority to implement the rule? 3. Is the rule enforceable as required under CAA section 110(a)(2)? 4. Does the rule interfere with reasonable further progress and attainment or any other applicable requirement of the Act? 5. Will the State and the SCAQMD have adequate personnel and funding for the rule? 6. Does the rule meet the RACM and BACM requirements under CAA sections 172(c)(1) and 189? 7. The EPA's Rule Evaluation Conclusion IV. Proposed Action and Public Comment V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background The California Air Resources Board's (CARB) Off-Road Diesel-Fueled Fleets Regulation (13 CCR sections 2449, 2449.1 and 2449.2) applies to fleets with nonroad \1\ compression-ignition vehicles and equipment greater than 25 horsepower (hp). Sections 2449 and 2449.1 (collectively the ``Off-Road [[Page 12638]] Regulation'') require fleet operators to meet a progressively more stringent combined particulate matter (PM) and NOX standard, or to reduce emissions through technology upgrades such as retrofit or replacement. The Off-Road Regulation was initially approved by CARB on July 26, 2007 and was subsequently amended in December 2010. --------------------------------------------------------------------------- \1\ The Clean Air Act refers to these engines as ``nonroad'' engines and the State of California uses the term ``off-road'' engines. The terms ``nonroad'' and ``off-road'' are used interchangeably in this rule. --------------------------------------------------------------------------- In conjunction with the Off-Road Regulation, CARB also adopted an ``opt-in'' provision that allows local air districts to achieve additional reductions of NOX emissions by introducing cleaner engines or control devices into a fleet with incentive funding (see 13 CCR section 2449.2, Surplus Off-Road Opt-In for NOX Program (also referred to as the ``CARB SOON Program'' in today's proposed rule)). Under this provision, any California air district can ``opt-in'' to the CARB SOON Program to achieve reductions of NOX emissions from in-use nonroad diesel-fueled vehicles that are surplus to what is required by CARB's Off-Road Regulation. In order to participate in the CARB SOON Program, a district's governing board must hold a public hearing, vote to ``opt-in'' to the CARB SOON Program, and decide whether to make the program voluntary or mandatory. On May 2, 2008 the SCAQMD governing board held a public hearing at which it voted to ``opt-in'' to the CARB SOON Program as a mandatory requirement and adopted Rule 2449, Control of Oxides of Nitrogen Emissions from Off-Road Diesel Vehicles, which includes by reference the CARB SOON Program. The SCAQMD also adopted additional Rule 2449 Administrative Guidelines (May 2008) as required by the CARB SOON Program to implement the program in the South Coast area. On July 11, 2014, the SCAQMD amended Rule 2449 to update the rule's reference to the CARB SOON Program, which was amended by CARB in December 2011. The SCAQMD Rule 2449 adopts the provisions of the CARB SOON Program found under 13 CCR, section 2449.2 into the SCAQMD's rule book and makes the CARB SOON Program a mandatory requirement for in-use off-road sources located in the South Coast area.\2\ --------------------------------------------------------------------------- \2\ Unless otherwise indicated, references in this notice to Rule 2449 include the CARB Soon Program, as implemented through Rule 2449. --------------------------------------------------------------------------- CARB's Off-Road Regulation and the CARB SOON Program are subject to section 209(e) of the Clean Air Act (CAA or the Act), which generally preempts States from adopting and enforcing standards and other requirements relating to the control of emissions from nonroad engines (see CAA section 209(e)(1) and Engine Mfrs. Ass'n v. EPA, 88 F.3d 1075 (D.C. Cir. 1996)). However, CAA section 209(e)(2)(A) requires the EPA to authorize California to adopt and enforce standards and other requirements relating to the control of emissions from certain nonroad vehicles or engines, unless the EPA makes one of three enumerated findings. On September 20, 2013 the EPA authorized CARB to enforce the Off-Road Regulation and the CARB SOON Program (collectively ``Fleet Requirements'') (see 78 FR 58090-58121, September 20, 2013). On November 12, 2015, the EPA proposed to approve the Fleet Requirements into the California SIP (see 80 FR 69915).\3\ --------------------------------------------------------------------------- \3\ In particular, the EPA proposed to approve 13 CCR sections 2449 (excluding subsection 2449(d)(2)), 2449.1, and 2449.2 into the SIP. 80 FR 69918, Table 1. --------------------------------------------------------------------------- II. The State's Submittal A. What rule did the State submit? On July 18, 2008, the State of California submitted SCAQMD Rule 2449, ``Control of Oxides of Nitrogen Emissions from Off-Road Vehicles,'' which was adopted by the District on May 2, 2008 (see July 18, 2008 letter from Michael H. Scheible, Deputy Executive Officer, CARB, to Wayne Nastri, Regional Administrator, EPA Region 9, with attachments). On September 5, 2014, the state submitted a revision to Rule 2449 adopted by the District on July 11, 2014. The submittal made a minor administrative revision to the numbering of the referenced CARB SOON Program, which was revised by CARB in December 2011, from section 2449.3 to section 2449.2 (see September 5, 2014 letter to Jared Blumenfeld, Regional Administrator, EPA Region 9, from Richard W. Corey, Executive Officer, Air Resources Board with attachments). The July 18, 2008 submittal was deemed complete by operation of law under CAA section 110(k)(1)(B) on January 18, 2009. The September 5, 2014 submittal was deemed complete by operation of law under CAA section 110(k)(1)(B) on March 5, 2015. B. Are there other versions of the rule? There are no previous versions of Rule 2449 in the SIP for the SCAQMD. C. What is the purpose of the submitted rule? NOX helps produce ground-level ozone, smog and fine particulate matter (PM2.5 ), which harm human health and the environment. Section 110(a) of the CAA requires States to submit regulations that control NOX emissions. In addition, section 172(c)(1) of the Act requires implementation of all reasonably available control measures (RACM) as expeditiously as practicable in nonattainment areas. Because the South Coast area is designated nonattainment for the 1-hour ozone standard, the 1997 annual and 24- hour PM2.5 standard, the 2006 24-hour PM2.5 standard, the 2012 annual PM2.5 standard, the 1997 8-hour ozone standard and the 2008 8-hour ozone standard (see 40 CFR part 81.305), CARB and the SCAQMD must implement RACM for NOX (among other pollutants) under CAA section 172(c)(1). In addition, under subpart 4 of the CAA, serious PM2.5 areas are required to adopt best available control measures (BACM) for PM2.5 and its precursors.\4\ On January 13, 2016, the EPA reclassified the South Coast PM2.5 nonattainment area as a Serious nonattainment area for the 2006 PM2.5 NAAQS (81 FR 1514). --------------------------------------------------------------------------- \4\ The EPA generally takes action on a RACM or BACM demonstration as part of our action on the State's attainment demonstration for the relevant NAAQS. --------------------------------------------------------------------------- Off-road diesel vehicles collectively represent one of the largest sources of NOX emissions in the South Coast Air Basin.\5\ The purpose of Rule 2449 is to achieve surplus NOX reductions from this source category beyond those required under CARB's Off-Road Regulation with funding provided by the SCAQMD. The SCAQMD's 2012 Air Quality Management Plan (AQMP) relies on NOX reductions from Rule 2449 to attain the one-hour and 1997 eight-hour ozone NAAQS.\6\ Rule 2449 is expected to achieve 7.5 tons per day (tpd) of NOX reductions in 2023.\7\ --------------------------------------------------------------------------- \5\ See, e.g., Draft Staff Report, Proposed Amended Rule 2449-- Control of Oxides of Nitrogen Emissions from Off-Road Diesel Vehicles, page 1 (May 2014). \6\ See 2012 AQMP, Table 4-6, page 4-33, OFFRD-01, Extension of the SOON Provision for Construction/Industrial Equipment [NOX ] and Appendix IV-B, pages IV-B-30 thru IV-B-32. \7\ Id. The EPA is not proposing to approve the emission reductions in today's proposed rule. Emission reductions or SIP credit from Rule 2449 will be addressed in future EPA actions on attainment plans. --------------------------------------------------------------------------- D. What do the Off-Road Regulation and Rule 2449 require? In general, CARB's Off-Road Regulation applies to all diesel-fueled off-road fleet equipment owners operating in the State of California. The Off-Road Regulation has performance requirements depending on the size of the fleet (i.e., a large fleet is defined as a fleet having greater than 5,000 horsepower (hp), a small fleet has less [[Page 12639]] than or equal to 2,500 hp, and a medium fleet is in between) \8\ and provides calculation methodologies for determining a fleet average index and a fleet average target rate. Each year, each subject fleet must demonstrate that its fleet average index was less than or equal to the applicable fleet average target rate or that it met Best Available Control Technology (BACT) requirements by performing turnover or installing verified diesel emission control strategies (VDECS).\9\ As discussed above, the EPA has authorized CARB to implement the Off-Road Regulation under CAA section 209(e) (78 FR 58090) and has proposed to approve the Off-Road Regulation into the California SIP (80 FR 69915). --------------------------------------------------------------------------- \8\ See CARB's Off-Road Regulation, section 2449(c)(24), definition of ``Fleet size category.'' \9\ See CARB's Off-Road Regulation, section 2449.1(a) Fleet Average Requirements, 2449.1(b) BACT Requirements, and Appendix A with table of ``Emission Factors by Horsepower and Year (g/bhp- hr).'' --------------------------------------------------------------------------- SCAQMD Rule 2449 focuses on the largest fleets with the oldest engines and requires these fleets to meet more stringent fleet average targets than those required by section 2449.1(a) of the Off-Road Regulation. In general, Rule 2449 applies to the owners \10\ of off- road vehicles that operate within the SCAQMD and that are part of fleets with more than 40 percent Tier 0 and Tier 1 vehicles \11\ (as of January 1, 2008) and with more than 20,000 horsepower (hp) in maximum power on a statewide basis (excluding the hp from engines in two-engine vehicles and the hp from single cranes formerly subject to the Cargo Handling Equipment Regulation).\12\ --------------------------------------------------------------------------- \10\ Most provisions of the CARB SOON Program apply to fleets rather than fleet owners or operators (see e.g. sections 2449.2(b)(2) and (d)(1)). However, SCAQMD Rule 2449 makes these requirements applicable to the owners of off-road vehicles that operate in SCAQMD and meet the criteria in 13 CCR 2449.2(b)(2). \11\ See 13 CCR section 2449(c)(48) and (49) for definitions of Tier 0 and Tier 1 engines. \12\ See 13 CCR section 2449.2(b)(2), adopted by reference under SCAQMD Rule 2449. --------------------------------------------------------------------------- Once the District issues a solicitation for applications for funding under Rule 2449, subject fleet owners are required to meet the more stringent fleet average targets required by the CARB SOON Program or apply for incentive funding for a sufficient number of projects (e.g., repowers, purchases, replacements) to meet the CARB SOON Program fleet average targets (reproduced in Table 1 below).\13\ --------------------------------------------------------------------------- \13\ See 13 CCR section 2449.2(d). Thus, for example, the Off- Road Regulation requires ``large'' fleets to meet a fleet average target of 1.5 g/bhp-hr for 175-750 hp engines and 3.4 g/bhp-hr for greater than 750 hp engines in the year 2023, whereas Rule 2449 and the CARB SOON Program require a fleet average target of 0.7 g/bhp-hr for 175-750 hp engines and 2.7 g/bhp-hr for greater than 750 hp engines in 2023. Table 1--SOON Target for Each Max Hp Group for Use in Calculating SOON Fleet Average Target Rates [g/bhp-hr] -------------------------------------------------------------------------------------------------------------------------------------------------------- Compliance date: Jan 1 of year 25-49 hp 50-74 hp 75-99 hp 100-174 hp 175-299 hp 300-599 hp 600-750 hp >750 hp -------------------------------------------------------------------------------------------------------------------------------------------------------- 2011............................................ 5.6 6.2 6.7 6.0 5.4 5.1 5.3 6.4 2014............................................ 5.8 6.5 7.1 6.4 3.9 3.7 3.7 5.3 2017............................................ 5.0 5.4 5.5 4.9 2.2 2.2 2.2 4.3 2020............................................ 4.1 4.2 3.4 3.1 1.4 1.3 1.4 3.4 2023............................................ 3.3 3.0 1.4 1.3 0.7 0.7 0.7 2.7 -------------------------------------------------------------------------------------------------------------------------------------------------------- Source: Reproduction of Table 5 of section 2449.2(d) of CARB SOON Program. These fleet average target rates are more stringent than what is required under the Off-Road Regulation (see 13 CCR section 2449.1(a)(1), Table 3). Specifically, subject fleet owners are required to submit a report with information on, including but not limited to, the fleet owner, vehicle types and uses of each vehicle, engines used to power the vehicles and the type and use of each engine, and VDECS installed on engines. 13 CCR section 2449.2(d)(1)(A)). Fleets must calculate their fleet average index based on the equipment they have and compare it to the fleet average target rate based on the SOON target rates shown in Table 1 above (13 CCR section 2449.2(d)(1)(B) and (C)), and if their fleet average index is greater than the SOON fleet average target rate, they are required to apply for funding (13 CCR section 2449.2(d)(1)(D)). Fleets must apply for funding in accordance with the Carl Moyer Memorial Air Quality Standards Attainment Program (Carl Moyer Program) \14\ policies and procedures and also with the Administrative Guidelines \15\ adopted by the SCAQMD, which provide further clarification on what to include in the funding applications and compliance plans. Funding applications and compliance plans must together demonstrate that equipment identified for the CARB SOON Program funding will result in surplus \16\ reductions in order to qualify for incentive funding. Once a fleet receives funding for a qualified project, the fleet is required to implement the project. The SCAQMD has approved significant funding for the implementation of Rule 2449. The 2012 AQMP states that the District Governing Board has allocated up to $30 million per year for the program and extended the SOON Program to 2023 (see Final 2012 AQMP: Appendix IV-B, p. IV-B-31). For ``FY 2015-2016,'' or ``Year 18'' of the Carl Moyer Memorial Air Quality Standards Attainment Program, the SCAQMD expects that approximately $5 million of funding will be available for the SCAQMD SOON Program (see DRAFT Technology Committee Agenda [[Page 12640]] #1, prepared for BOARD MEETING DATE: March 4, 2016, page 3). --------------------------------------------------------------------------- \14\ The Carl Moyer Program funds are used to fund Rule 2449 with the requirement that all projects meet, at a minimum, the Carl Moyer Program's latest requirements and guidelines (e.g., project selection criteria, co-funding requirements, and reporting and monitoring requirements). For more information on the Carl Moyer Program, see http://www.arb.ca.gov/msprog/moyer/moyer.htm. \15\ In addition to the Carl Moyer Program guidelines, the CARB SOON Program requires the District to adopt District guidelines, through a public process, that include additional administrative provisions necessary to implement the CARB SOON Program. These provisions include, but are not limited to, funding guidelines, compliance planning requirements and reporting and monitoring requirements. The SCAQMD adopted these additional district guidelines on May 22, 2008 (see Draft Administrative Guidelines, Proposed Rule 2449 Administrative Guidelines, SCAQMD, May 2008). The SCAQMD Board plans to consider amendments to the May 2008 Administrative Guidelines on March 4, 2016 (see DRAFT Technology Committee Agenda #1, prepared for BOARD MEETING DATE: March 4, 2016, with Attachment 4, SOON Provision Implementation Guidelines). The amendments include referencing the correct section of CARB's Off- Road Regulation and aligning funding levels for the SCAQMD SOON Program with the Carl Moyer program. If approved by the SCAQMD Board, the EPA expects the SCAQMD to forward the amendments to CARB for approval. \16\ Surplus reductions are those NOX reductions that are not needed for meeting the requirements of the Off-Road Regulation. If surplus reductions are available and used to meet the requirements of Rule 2449 and the CARB SOON Program, then those reductions cannot be used to meet the requirements of the Off-Road Regulation until they are no longer needed for compliance with Rule 2449. --------------------------------------------------------------------------- III. The EPA's Evaluation of the State's Submittal A. How is the EPA evaluating the rule? The EPA has evaluated Rule 2449 against the applicable procedural and substantive CAA requirements for SIPs and SIP revisions and has concluded that it meets all of the applicable requirements. Generally, SIPs must include enforceable emission limitations and other control measures, means, or techniques, as well as schedules and timetables for compliance, as may be necessary to meet the requirements of the Act (see CAA section 110(a)(2)(A)); must provide necessary assurances that the State will have adequate personnel, funding, and authority under State law to carry out such SIP (and is not prohibited by any provision of Federal to State law from carrying out such SIP) (see CAA section 110(a)(2)(E)); must be adopted by a State after reasonable notice and public hearing (see CAA section 110(l)), and must not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the Act (see CAA section 110(l)).\17\ --------------------------------------------------------------------------- \17\ CAA section 193, which prohibits any pre-1990 SIP control requirement relating to nonattainment pollutants in nonattainment areas from being modified unless the SIP is revised to insure equivalent or greater emission reductions of such air pollutants, does not apply to this rule because it does not include any pre-1990 SIP control requirements. --------------------------------------------------------------------------- In addition, as noted above, CARB and the SCAQMD must implement RACM for NOX (among other pollutants) under CAA section 172(c)(1). B. Does Rule 2449 meet CAA SIP evaluation criteria? 1. Did the SCAQMD and CARB provide adequate public notice and comment periods? Under CAA section 110(l), SIP revisions must be adopted by the State, and the State must provide for reasonable public notice and hearing prior to adoption. In 40 CFR 51.102(d), we specify that reasonable public notice in this context refers to at least 30 days. The State has submitted evidence of public notice and hearing prior to the May 5, 2008 adoption and July 11, 2014 amendment of Rule 2449 by the SCAQMD (see attachments to July 18, 2008 letter to Mr. Wayne Nastri, EPA Region 9 from Michael H. Scheible, Air Resource Board and attachments to September 5, 2014 letter to Mr. Jared Blumenfeld, EPA Region 9, from Richard W. Corey, Air Resources Board). Based on the evidence provided by the SCAQMD and CARB, we conclude that they have provided adequate public notice and comment periods. 2. Do the SCAQMD and CARB have adequate legal authority to implement the rule? California air districts are authorized to adopt and enforce rules by California Health and Safety Code (H&SC) section 40001. CARB is authorized to adopt the rules as revisions to the SIP by H&SC section 39601, 39602, and 41650 through 41652 (see CARB Executive Order S-14- 012). In addition, we note that California H&SC sections 43013(a) and 43018 provide CARB with broad authority to achieve the maximum feasible and cost-effective emission reductions from all mobile source categories, including both on-road and off-road diesel engines. As discussed above, CARB's Off-Road Regulation is subject to CAA section 209(e), and on September 20, 2013 the EPA granted CARB's request for authorization to enforce its Fleet Requirements, including the CARB SOON Program (see 78 FR 58090-58121, September 20, 2013). Thus, we find that the SCAQMD and CARB have adequate legal authority to adopt and implement Rule 2449. 3. Is the rule enforceable as required under CAA section 110(a)(2)? We have evaluated the enforceability of Rule 2449 and the CARB SOON Program with respect to applicability and exemptions; standard of conduct and compliance dates; sunset provisions; discretionary provisions; and test methods, recordkeeping and reporting,\18\ and have concluded for the reasons given below that the rule is enforceable for the purposes of CAA section 110(a)(2). --------------------------------------------------------------------------- \18\ These concepts are discussed in detail in an EPA memorandum from J. Craig Potter, EPA Assistant Administrator for Air and Radiation, et al., titled ``Review of State Implementation Plans and Revisions for Enforceability and Legal Sufficiency,'' dated September 23, 1987. --------------------------------------------------------------------------- First, with respect to applicability, we find Rule 2449 and the CARB SOON Program to be sufficiently clear as to which fleet owners and which vehicles or engines are subject to the program and the rule (see Rule 2449 and 13 CCR section 2449.2(b)). In general, the rule applies to owners of vehicles that operate within the SCAQMD and are part of a fleet consisting of 40 percent Tier 0 and Tier 1 vehicles with greater than 20,000 hp statewide, excluding the hp from engines in two-engine vehicles and single engine cranes formerly subject to the Cargo Handling Equipment Regulation (see 13 CCR 2449.2(b)(2)). Second, we find that Rule 2449 and the CARB SOON Program are sufficiently specific so that the persons affected are fairly on notice as to what the requirements and related compliance dates are. We have described the substantive requirements and compliance dates set forth in Rule 2449 in section II.D. of today's proposed rule. Third, the requirements of Rule 2449 will sunset at different times from 2011 through 2023, depending on when the SCAQMD issues its solicitations for funding; however, once a fleet is no longer subject to Rule 2449, it will be then be subject to the requirements of the Off-Road Regulation. Fourth, Rule 2449 contains a provision that allows for discretion on the part of CARB's Executive Officer (EO), this provision is limited both in scope and application, and is no longer relevant since the date to request discretion has passed (see 13 CCR section 2449.2(e)(2), allowing a fleet to apply to the EO for an extension from the requirements if the rule calculations would require a fleet to turn over Tier 2 or better engines before January 1, 2014). As such, we find that this provision does not undermine the enforceability of Rule 2449 or preclude its approval into the SIP. Lastly, Rule 2449 identifies appropriate calculation requirements and includes adequate recordkeeping and reporting requirements sufficient to ensure compliance with the applicable requirements. In particular, as described above, once the SCAQMD issues a solicitation, each subject fleet owner must submit a report containing detailed information about each vehicle and engine in the fleet, each VDECS installed on an engine in the fleet, and other information related to compliance with the Off-Road Rule (see 13 CCR 2449(d)(1)(A) and 2449(g). If the fleet average index is greater than the SOON fleet average target rate, the fleet owner must apply for SOON funding (13 CCR 2449.2(d)(1)(B)). If the necessary NOX retrofits, repower, or vehicle replacements are available, the application must indicate how these retrofits, repowers, or vehicle replacements would bring the fleet average index for vehicles that operate within the SCAQMD to less than or equal to the SOON fleet average target rate (13 CCR 2449.2(d)(1)(D)). In addition, the fleet owner must prepare and submit a compliance plan laying out the actions it is required to take [[Page 12641]] under section 2449.1 and the actions for which it is applying to the SCAQMD for funding under section 2449.2 (13 CCR 2449.2(e)(3)). 4. Does the rule interfere with reasonable further progress and attainment or any other applicable requirement of the Act? As discussed above, the SCAQMD's 2012 AQMP relies on NOX reductions from Rule 2449 to attain the one-hour and 1997 eight-hour ozone NAAQS. The EPA has approved SCAQMD's commitment to implement the SOON Program as part of the SCAQMD's aggregate NOX emissions reductions commitment (see 79 FR 29712, 29720 and 29721). Approval of Rule 2449 into the SIP will help fulfill this commitment. Thus, the EPA believes that approval of Rule 2449 does not interfere with Reasonable Further Progress, attainment or any other applicable requirement of the Act. 5. Will the State and the SCAQMD have adequate personnel and funding for the rule? As discussed above, the SCAQMD has approved significant funding for the implementation of Rule 2449. The 2012 AQMP states that the SCAQMD Board has allocated up to $30 million per year for the program and extended the SOON Program to 2023 (see Final 2012 AQMP: Appendix IV-B, p. IV-B-31). For ``FY 2015-2016,'' or ``Year 18'' of the Carl Moyer Memorial Air Quality Standards Attainment Program, the SCAQMD expects to have approximately $5 million of funding available for the SCAQMD SOON Program (see DRAFT Technology Committee Agenda #1, prepared for BOARD MEETING DATE: March 4, 2016, page 3). 6. Does the rule meet the RACM and BACM requirements under CAA sections 172(c)(1) and 189? Rule 2449 provides for the most stringent in-use off-road diesel equipment requirements that we are aware of in the United States, and thus, we find that the rule implements both reasonably available and best available control measures for this source category. However, as discussed above, the EPA generally takes action on a RACM or BACM demonstration as part of our action on the State's attainment demonstration for the relevant NAAQS. Thus, while we do not know of any more stringent requirements for this category at this time, we are also not taking any action on how this measure fits within the context of a RACM or BACM demonstration for the South Coast area. 7. The EPA's Rule Evaluation Conclusion Based on the above discussion, we believe Rule 2449 and the CARB SOON Program are consistent with the relevant CAA requirements, policies and guidance. IV. Proposed Action and Public Comment As authorized in section 110(k)(3) of the Act, the EPA is proposing to fully approve the submitted rule because we believe it fulfills all relevant requirements. We will accept comments from the public on this proposal until April 11, 2016. Unless we receive convincing new information during the comment period, we intend to publish a final approval action that will incorporate this rule into the federally enforceable SIP. V. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference SCAQMD Rule 2449. The EPA has made, and will continue to make, this document available electronically through www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the Act. Accordingly, this proposed action merely proposes to approve State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: February 25, 2016. Jared Blumenfeld, Regional Administrator, Region IX. [FR Doc. 2016-05278 Filed 3-9-16; 8:45 am] BILLING CODE 6560-50-P
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Quality Implementation Plans; New For the full EPA public comment policy,
Mexico; and Albuquerque/Bernalillo 40 CFR Part 52 information about CBI or multimedia
County; Revisions To Establish Small [EPA–R09–OAR–2015–0819; FRL–9943–47– submissions, and general guidance on
Business Stationary Source Technical Region 9] making effective comments, please visit
and Environmental Compliance http://www2.epa.gov/dockets/
Assistance Programs Revisions to the California State commenting-epa-dockets.
Implementation Plan; South Coast Air FOR FURTHER INFORMATION CONTACT:
AGENCY: Environmental Protection Quality Management District; Control
Agency (EPA). Doris Lo, EPA Region IX, (415) 972–
of Oxides of Nitrogen Emissions From 3959, lo.doris@epa.gov.
ACTION: Proposed rule. Off-Road Diesel Vehicles SUPPLEMENTARY INFORMATION:
SUMMARY: The Environmental Protection AGENCY: Environmental Protection Throughout this document, ‘‘we,’’ ‘‘us’’
Agency (EPA) is proposing to approve Agency (EPA). and ‘‘our’’ refer to the EPA.
revisions to the New Mexico State ACTION: Proposed rule. Table of Contents
Implementation Plan (SIP) for both the
State and Albuquerque/Bernalillo SUMMARY: The Environmental Protection I. Background
Agency (EPA) is proposing to approve II. The State’s Submittal
County. These proposed revisions
South Coast Air Quality Management A. What rule did the State submit?
establish Small Business Stationary B. Are there other versions of the rule?
Assistance Source Technical and District’s (SCAQMD or District) Rule
C. What is the purpose of the submitted
Environmental Compliance Assistance 2449, Control of Oxides of Nitrogen rule?
Programs. The EPA is proposing to Emissions from Off-Road Diesel D. What do the Off-Road Regulation and
approve these revisions pursuant to Vehicles, which adopts by reference Rule 2449 require?
sections 110 and 507(a) of the Clean Air title 13, chapter 9, section 2449.2 of the III. The EPA’s Evaluation of the State’s
Act (CAA). California Code of Regulations (CCR), Submittal
‘‘Surplus Off-Road Opt-In for NOX A. How is the EPA evaluating the rule?
DATES: Written comments should be B. Does Rule 2449 meet CAA SIP
(SOON) Program,’’ as part of the
received on or before April 11, 2016. SCAQMD portion of the California State evaluation criteria?
ADDRESSES: Comments may be 1. Did the SCAQMD and CARB provide
Implementation Plan (SIP). SCAQMD adequate public notice and comment
submitted by following the detailed Rule 2449 requires certain in-use off- periods?
instructions in the ADDRESSES section of road vehicle fleets to meet more 2. Do the SCAQMD and CARB have
the direct final rule located in the rules stringent requirements in the South adequate legal authority to implement
section of this Federal Register. Coast area when funding is provided by the rule?
FOR FURTHER INFORMATION CONTACT: Mr. the District in order to achieve 3. Is the rule enforceable as required under
John Walser, (214) 665–7128, additional reductions of oxides of CAA section 110(a)(2)?
Nitrogen (NOX). We are taking 4. Does the rule interfere with reasonable
walser.john@epa.gov.
further progress and attainment or any
SUPPLEMENTARY INFORMATION: In the comments on this proposal and plan to other applicable requirement of the Act?
Rules and Regulations section of this follow with a final action. 5. Will the State and the SCAQMD have
Federal Register, the EPA is approving DATES: Any comments must arrive by adequate personnel and funding for the
the State’s SIP submittal as a direct rule April 11, 2016. rule?
without prior proposal because the ADDRESSES: Submit your comments, 6. Does the rule meet the RACM and
BACM requirements under CAA sections
Agency views this as a noncontroversial identified by Docket ID No. EPA–R09–
172(c)(1) and 189?
submittal and anticipates no adverse OAR–2015–0819 at http:// 7. The EPA’s Rule Evaluation Conclusion
comments. A detailed rationale for the www.regulations.gov, or via email to IV. Proposed Action and Public Comment
approval is set forth in the direct final lo.doris@epa.gov. For comments V. Incorporation by Reference
rule. If no relevant adverse comments submitted at Regulations.gov, follow the VI. Statutory and Executive Order Reviews
are received in response to this action, online instructions for submitting
I. Background
no further activity is contemplated. If comments. Once submitted, comments
the EPA receives relevant adverse cannot be edited or removed from The California Air Resources Board’s
comments, the direct final rule will be Regulations.gov. For either manner of (CARB) Off-Road Diesel-Fueled Fleets
withdrawn and all public comments submission, the EPA may publish any Regulation (13 CCR sections 2449,
received will be addressed in a comment received to its public docket. 2449.1 and 2449.2) applies to fleets with
subsequent final rule based on this Do not submit electronically any nonroad 1 compression-ignition vehicles
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proposed rule. The EPA will not information you consider to be and equipment greater than 25
institute a second comment period. Any Confidential Business Information (CBI) horsepower (hp). Sections 2449 and
parties interested in commenting on this or other information whose disclosure is 2449.1 (collectively the ‘‘Off-Road
action should do so at this time. restricted by statute. Multimedia
1 The Clean Air Act refers to these engines as
For additional information, see the submissions (audio, video, etc.) must be
‘‘nonroad’’ engines and the State of California uses
direct final rule which is located in the accompanied by a written comment. the term ‘‘off-road’’ engines. The terms ‘‘nonroad’’
Rules and Regulations section of this The written comment is considered the and ‘‘off-road’’ are used interchangeably in this
Federal Register. official comment and should include rule.
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![12638 Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Proposed Rules
Regulation’’) require fleet operators to nonroad engines (see CAA section the environment. Section 110(a) of the
meet a progressively more stringent 209(e)(1) and Engine Mfrs. Ass’n v. EPA, CAA requires States to submit
combined particulate matter (PM) and 88 F.3d 1075 (D.C. Cir. 1996)). However, regulations that control NOX emissions.
NOX standard, or to reduce emissions CAA section 209(e)(2)(A) requires the In addition, section 172(c)(1) of the Act
through technology upgrades such as EPA to authorize California to adopt and requires implementation of all
retrofit or replacement. The Off-Road enforce standards and other reasonably available control measures
Regulation was initially approved by requirements relating to the control of (RACM) as expeditiously as practicable
CARB on July 26, 2007 and was emissions from certain nonroad vehicles in nonattainment areas. Because the
subsequently amended in December or engines, unless the EPA makes one of South Coast area is designated
2010. three enumerated findings. On nonattainment for the 1-hour ozone
In conjunction with the Off-Road September 20, 2013 the EPA authorized standard, the 1997 annual and 24-hour
Regulation, CARB also adopted an ‘‘opt- CARB to enforce the Off-Road PM2.5 standard, the 2006 24-hour PM2.5
in’’ provision that allows local air Regulation and the CARB SOON standard, the 2012 annual PM2.5
districts to achieve additional Program (collectively ‘‘Fleet standard, the 1997 8-hour ozone
reductions of NOX emissions by Requirements’’) (see 78 FR 58090– standard and the 2008 8-hour ozone
introducing cleaner engines or control 58121, September 20, 2013). standard (see 40 CFR part 81.305),
devices into a fleet with incentive On November 12, 2015, the EPA CARB and the SCAQMD must
funding (see 13 CCR section 2449.2, proposed to approve the Fleet implement RACM for NOX (among other
Surplus Off-Road Opt-In for NOX Requirements into the California SIP pollutants) under CAA section 172(c)(1).
Program (also referred to as the ‘‘CARB (see 80 FR 69915).3 In addition, under subpart 4 of the CAA,
SOON Program’’ in today’s proposed serious PM2.5 areas are required to adopt
rule)). Under this provision, any II. The State’s Submittal best available control measures (BACM)
California air district can ‘‘opt-in’’ to the A. What rule did the State submit? for PM2.5 and its precursors.4 On
CARB SOON Program to achieve January 13, 2016, the EPA reclassified
On July 18, 2008, the State of
reductions of NOX emissions from in- the South Coast PM2.5 nonattainment
California submitted SCAQMD Rule
use nonroad diesel-fueled vehicles that area as a Serious nonattainment area for
2449, ‘‘Control of Oxides of Nitrogen
are surplus to what is required by the 2006 PM2.5 NAAQS (81 FR 1514).
Emissions from Off-Road Vehicles,’’ Off-road diesel vehicles collectively
CARB’s Off-Road Regulation. In order to
which was adopted by the District on represent one of the largest sources of
participate in the CARB SOON Program,
May 2, 2008 (see July 18, 2008 letter NOX emissions in the South Coast Air
a district’s governing board must hold a
from Michael H. Scheible, Deputy Basin.5 The purpose of Rule 2449 is to
public hearing, vote to ‘‘opt-in’’ to the
Executive Officer, CARB, to Wayne achieve surplus NOX reductions from
CARB SOON Program, and decide
Nastri, Regional Administrator, EPA this source category beyond those
whether to make the program voluntary
Region 9, with attachments). required under CARB’s Off-Road
or mandatory. On September 5, 2014, the state
On May 2, 2008 the SCAQMD Regulation with funding provided by
submitted a revision to Rule 2449 the SCAQMD. The SCAQMD’s 2012 Air
governing board held a public hearing at
adopted by the District on July 11, 2014. Quality Management Plan (AQMP)
which it voted to ‘‘opt-in’’ to the CARB
The submittal made a minor relies on NOX reductions from Rule
SOON Program as a mandatory
administrative revision to the 2449 to attain the one-hour and 1997
requirement and adopted Rule 2449,
numbering of the referenced CARB eight-hour ozone NAAQS.6 Rule 2449 is
Control of Oxides of Nitrogen Emissions
SOON Program, which was revised by expected to achieve 7.5 tons per day
from Off-Road Diesel Vehicles, which
CARB in December 2011, from section (tpd) of NOX reductions in 2023.7
includes by reference the CARB SOON
2449.3 to section 2449.2 (see September
Program. The SCAQMD also adopted D. What do the Off-Road Regulation and
5, 2014 letter to Jared Blumenfeld,
additional Rule 2449 Administrative Rule 2449 require?
Regional Administrator, EPA Region 9,
Guidelines (May 2008) as required by
from Richard W. Corey, Executive In general, CARB’s Off-Road
the CARB SOON Program to implement
Officer, Air Resources Board with Regulation applies to all diesel-fueled
the program in the South Coast area. On
attachments). off-road fleet equipment owners
July 11, 2014, the SCAQMD amended The July 18, 2008 submittal was
Rule 2449 to update the rule’s reference operating in the State of California. The
deemed complete by operation of law Off-Road Regulation has performance
to the CARB SOON Program, which was under CAA section 110(k)(1)(B) on requirements depending on the size of
amended by CARB in December 2011. January 18, 2009. The September 5, the fleet (i.e., a large fleet is defined as
The SCAQMD Rule 2449 adopts the 2014 submittal was deemed complete by a fleet having greater than 5,000
provisions of the CARB SOON Program operation of law under CAA section horsepower (hp), a small fleet has less
found under 13 CCR, section 2449.2 into 110(k)(1)(B) on March 5, 2015.
the SCAQMD’s rule book and makes the 4 The EPA generally takes action on a RACM or
CARB SOON Program a mandatory B. Are there other versions of the rule? BACM demonstration as part of our action on the
requirement for in-use off-road sources There are no previous versions of State’s attainment demonstration for the relevant
located in the South Coast area.2 NAAQS.
Rule 2449 in the SIP for the SCAQMD. 5 See, e.g., Draft Staff Report, Proposed Amended
CARB’s Off-Road Regulation and the
C. What is the purpose of the submitted Rule 2449—Control of Oxides of Nitrogen
CARB SOON Program are subject to Emissions from Off-Road Diesel Vehicles, page 1
mstockstill on DSK4VPTVN1PROD with PROPOSALS
section 209(e) of the Clean Air Act (CAA rule? (May 2014).
or the Act), which generally preempts NOX helps produce ground-level 6 See 2012 AQMP, Table 4–6, page 4–33, OFFRD–
States from adopting and enforcing 01, Extension of the SOON Provision for
ozone, smog and fine particulate matter Construction/Industrial Equipment [NOX] and
standards and other requirements (PM2.5), which harm human health and Appendix IV–B, pages IV–B–30 thru IV–B–32.
relating to the control of emissions from 7 Id. The EPA is not proposing to approve the
3 In particular, the EPA proposed to approve 13 emission reductions in today’s proposed rule.
2 Unless otherwise indicated, references in this CCR sections 2449 (excluding subsection Emission reductions or SIP credit from Rule 2449
notice to Rule 2449 include the CARB Soon 2449(d)(2)), 2449.1, and 2449.2 into the SIP. 80 FR will be addressed in future EPA actions on
Program, as implemented through Rule 2449. 69918, Table 1. attainment plans.
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![Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Proposed Rules 12639
than or equal to 2,500 hp, and a medium 209(e) (78 FR 58090) and has proposed (excluding the hp from engines in two-
fleet is in between) 8 and provides to approve the Off-Road Regulation into engine vehicles and the hp from single
calculation methodologies for the California SIP (80 FR 69915). cranes formerly subject to the Cargo
determining a fleet average index and a SCAQMD Rule 2449 focuses on the Handling Equipment Regulation).12
fleet average target rate. Each year, each largest fleets with the oldest engines and
Once the District issues a solicitation
subject fleet must demonstrate that its requires these fleets to meet more
stringent fleet average targets than those for applications for funding under Rule
fleet average index was less than or
equal to the applicable fleet average required by section 2449.1(a) of the Off- 2449, subject fleet owners are required
target rate or that it met Best Available Road Regulation. In general, Rule 2449 to meet the more stringent fleet average
Control Technology (BACT) applies to the owners 10 of off-road targets required by the CARB SOON
requirements by performing turnover or vehicles that operate within the Program or apply for incentive funding
installing verified diesel emission SCAQMD and that are part of fleets with for a sufficient number of projects (e.g.,
control strategies (VDECS).9 As more than 40 percent Tier 0 and Tier 1 repowers, purchases, replacements) to
discussed above, the EPA has vehicles 11 (as of January 1, 2008) and meet the CARB SOON Program fleet
authorized CARB to implement the Off- with more than 20,000 horsepower (hp) average targets (reproduced in Table 1
Road Regulation under CAA section in maximum power on a statewide basis below).13
TABLE 1—SOON TARGET FOR EACH MAX HP GROUP FOR USE IN CALCULATING SOON FLEET AVERAGE TARGET RATES
[g/bhp-hr]
Compliance date: Jan 1 of 25–49 hp 50–74 hp 75–99 hp 100–174 hp 175–299 hp 300–599 hp 600–750 hp >750 hp
year
2011 ................................. 5.6 6.2 6.7 6.0 5.4 5.1 5.3 6.4
2014 ................................. 5.8 6.5 7.1 6.4 3.9 3.7 3.7 5.3
2017 ................................. 5.0 5.4 5.5 4.9 2.2 2.2 2.2 4.3
2020 ................................. 4.1 4.2 3.4 3.1 1.4 1.3 1.4 3.4
2023 ................................. 3.3 3.0 1.4 1.3 0.7 0.7 0.7 2.7
Source: Reproduction of Table 5 of section 2449.2(d) of CARB SOON Program. These fleet average target rates are more stringent than what
is required under the Off-Road Regulation (see 13 CCR section 2449.1(a)(1), Table 3).
Specifically, subject fleet owners are funding (13 CCR section receives funding for a qualified project,
required to submit a report with 2449.2(d)(1)(D)). Fleets must apply for the fleet is required to implement the
information on, including but not funding in accordance with the Carl project. The SCAQMD has approved
limited to, the fleet owner, vehicle types Moyer Memorial Air Quality Standards significant funding for the
and uses of each vehicle, engines used Attainment Program (Carl Moyer implementation of Rule 2449. The 2012
to power the vehicles and the type and Program) 14 policies and procedures and AQMP states that the District Governing
use of each engine, and VDECS installed also with the Administrative Board has allocated up to $30 million
on engines. 13 CCR section Guidelines 15 adopted by the SCAQMD, per year for the program and extended
2449.2(d)(1)(A)). Fleets must calculate which provide further clarification on the SOON Program to 2023 (see Final
their fleet average index based on the what to include in the funding 2012 AQMP: Appendix IV–B, p. IV–B–
equipment they have and compare it to applications and compliance plans. 31). For ‘‘FY 2015–2016,’’ or ‘‘Year 18’’
the fleet average target rate based on the Funding applications and compliance of the Carl Moyer Memorial Air Quality
SOON target rates shown in Table 1 plans must together demonstrate that Standards Attainment Program, the
above (13 CCR section 2449.2(d)(1)(B) equipment identified for the CARB SCAQMD expects that approximately $5
and (C)), and if their fleet average index SOON Program funding will result in million of funding will be available for
is greater than the SOON fleet average surplus 16 reductions in order to qualify the SCAQMD SOON Program (see
target rate, they are required to apply for for incentive funding. Once a fleet DRAFT Technology Committee Agenda
8 See CARB’s Off-Road Regulation, section 2449 and the CARB SOON Program require a fleet Proposed Rule 2449 Administrative Guidelines,
2449(c)(24), definition of ‘‘Fleet size category.’’ average target of 0.7 g/bhp-hr for 175–750 hp SCAQMD, May 2008). The SCAQMD Board plans
9 See CARB’s Off-Road Regulation, section engines and 2.7 g/bhp-hr for greater than 750 hp to consider amendments to the May 2008
2449.1(a) Fleet Average Requirements, 2449.1(b) engines in 2023. Administrative Guidelines on March 4, 2016 (see
BACT Requirements, and Appendix A with table of 14 The Carl Moyer Program funds are used to fund
DRAFT Technology Committee Agenda #1,
‘‘Emission Factors by Horsepower and Year (g/bhp- Rule 2449 with the requirement that all projects prepared for BOARD MEETING DATE: March 4,
hr).’’ meet, at a minimum, the Carl Moyer Program’s 2016, with Attachment 4, SOON Provision
10 Most provisions of the CARB SOON Program latest requirements and guidelines (e.g., project Implementation Guidelines). The amendments
apply to fleets rather than fleet owners or operators selection criteria, co-funding requirements, and include referencing the correct section of CARB’s
(see e.g. sections 2449.2(b)(2) and (d)(1)). However, reporting and monitoring requirements). For more Off-Road Regulation and aligning funding levels for
SCAQMD Rule 2449 makes these requirements information on the Carl Moyer Program, see http://
the SCAQMD SOON Program with the Carl Moyer
applicable to the owners of off-road vehicles that www.arb.ca.gov/msprog/moyer/moyer.htm.
operate in SCAQMD and meet the criteria in 13 program. If approved by the SCAQMD Board, the
mstockstill on DSK4VPTVN1PROD with PROPOSALS
15 In addition to the Carl Moyer Program
CCR 2449.2(b)(2). EPA expects the SCAQMD to forward the
guidelines, the CARB SOON Program requires the
11 See 13 CCR section 2449(c)(48) and (49) for amendments to CARB for approval.
District to adopt District guidelines, through a 16 Surplus reductions are those NO reductions
definitions of Tier 0 and Tier 1 engines. public process, that include additional X
12 See 13 CCR section 2449.2(b)(2), adopted by administrative provisions necessary to implement that are not needed for meeting the requirements of
reference under SCAQMD Rule 2449. the CARB SOON Program. These provisions the Off-Road Regulation. If surplus reductions are
13 See 13 CCR section 2449.2(d). Thus, for include, but are not limited to, funding guidelines, available and used to meet the requirements of Rule
example, the Off-Road Regulation requires ‘‘large’’ compliance planning requirements and reporting 2449 and the CARB SOON Program, then those
fleets to meet a fleet average target of 1.5 g/bhp-hr and monitoring requirements. The SCAQMD reductions cannot be used to meet the requirements
for 175–750 hp engines and 3.4 g/bhp-hr for greater adopted these additional district guidelines on May of the Off-Road Regulation until they are no longer
than 750 hp engines in the year 2023, whereas Rule 22, 2008 (see Draft Administrative Guidelines, needed for compliance with Rule 2449.
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![Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Proposed Rules 12641
under section 2449.1 and the actions for 7. The EPA’s Rule Evaluation • does not contain any unfunded
which it is applying to the SCAQMD for Conclusion mandate or significantly or uniquely
funding under section 2449.2 (13 CCR Based on the above discussion, we affect small governments, as described
2449.2(e)(3)). believe Rule 2449 and the CARB SOON in the Unfunded Mandates Reform Act
4. Does the rule interfere with Program are consistent with the relevant of 1995 (Pub. L. 104–4);
reasonable further progress and CAA requirements, policies and • does not have Federalism
attainment or any other applicable guidance. implications as specified in Executive
requirement of the Act? IV. Proposed Action and Public Order 13132 (64 FR 43255, August 10,
As discussed above, the SCAQMD’s Comment 1999);
2012 AQMP relies on NOX reductions As authorized in section 110(k)(3) of • is not an economically significant
from Rule 2449 to attain the one-hour the Act, the EPA is proposing to fully regulatory action based on health or
and 1997 eight-hour ozone NAAQS. The approve the submitted rule because we safety risks subject to Executive Order
EPA has approved SCAQMD’s believe it fulfills all relevant 13045 (62 FR 19885, April 23, 1997);
commitment to implement the SOON requirements. We will accept comments
Program as part of the SCAQMD’s • is not a significant regulatory action
from the public on this proposal until subject to Executive Order 13211 (66 FR
aggregate NOX emissions reductions April 11, 2016. Unless we receive
commitment (see 79 FR 29712, 29720 28355, May 22, 2001);
convincing new information during the
and 29721). Approval of Rule 2449 into comment period, we intend to publish • is not subject to requirements of
the SIP will help fulfill this a final approval action that will Section 12(d) of the National
commitment. Thus, the EPA believes incorporate this rule into the federally Technology Transfer and Advancement
that approval of Rule 2449 does not enforceable SIP. Act of 1995 (15 U.S.C. 272 note) because
interfere with Reasonable Further application of those requirements would
Progress, attainment or any other V. Incorporation by Reference
be inconsistent with the CAA; and
applicable requirement of the Act. In this rule, the EPA is proposing to
• does not provide the EPA with the
5. Will the State and the SCAQMD have include in a final EPA rule regulatory
text that includes incorporation by discretionary authority to address
adequate personnel and funding for the disproportionate human health or
rule? reference. In accordance with
requirements of 1 CFR 51.5, the EPA is environmental effects with practical,
As discussed above, the SCAQMD has proposing to incorporate by reference appropriate, and legally permissible
approved significant funding for the SCAQMD Rule 2449. The EPA has methods under Executive Order 12898
implementation of Rule 2449. The 2012 made, and will continue to make, this (59 FR 7629, February 16, 1994).
AQMP states that the SCAQMD Board document available electronically In addition, the SIP is not approved
has allocated up to $30 million per year through www.regulations.gov and in to apply on any Indian reservation land
for the program and extended the SOON hard copy at the appropriate EPA office or in any other area where the EPA or
Program to 2023 (see Final 2012 AQMP: (see the ADDRESSES section of this
Appendix IV–B, p. IV–B–31). For ‘‘FY an Indian tribe has demonstrated that a
preamble for more information). tribe has jurisdiction. In those areas of
2015–2016,’’ or ‘‘Year 18’’ of the Carl
Moyer Memorial Air Quality Standards VI. Statutory and Executive Order Indian country, the rule does not have
Attainment Program, the SCAQMD Reviews tribal implications and will not impose
expects to have approximately $5 Under the CAA, the Administrator is substantial direct costs on tribal
million of funding available for the required to approve a SIP submission governments or preempt tribal law as
SCAQMD SOON Program (see DRAFT that complies with the provisions of the specified by Executive Order 13175 (65
Technology Committee Agenda #1, Act and applicable Federal regulations. FR 67249, November 9, 2000).
prepared for BOARD MEETING DATE: 42 U.S.C. 7410(k); 40 CFR 52.02(a). List of Subjects in 40 CFR Part 52
March 4, 2016, page 3). Thus, in reviewing SIP submissions, the
6. Does the rule meet the RACM and EPA’s role is to approve State choices, Environmental protection, Air
BACM requirements under CAA provided that they meet the criteria of pollution control, Incorporation by
sections 172(c)(1) and 189? the Act. Accordingly, this proposed reference, Intergovernmental relations,
action merely proposes to approve State Nitrogen dioxide, Ozone, Particulate
Rule 2449 provides for the most law as meeting Federal requirements matter, Reporting and recordkeeping
stringent in-use off-road diesel and does not impose additional
equipment requirements that we are requirements.
requirements beyond those imposed by
aware of in the United States, and thus, State law. For that reason, this proposed Authority: 42 U.S.C. 7401 et seq.
we find that the rule implements both action: Dated: February 25, 2016.
reasonably available and best available • Is not a ‘‘significant regulatory Jared Blumenfeld,
control measures for this source action’’ subject to review by the Office
category. However, as discussed above, Regional Administrator, Region IX.
of Management and Budget under
the EPA generally takes action on a [FR Doc. 2016–05278 Filed 3–9–16; 8:45 am]
Executive Order 12866 (58 FR 51735,
RACM or BACM demonstration as part October 4, 1993); BILLING CODE 6560–50–P
of our action on the State’s attainment • does not impose an information
mstockstill on DSK4VPTVN1PROD with PROPOSALS
demonstration for the relevant NAAQS. collection burden under the provisions
Thus, while we do not know of any of the Paperwork Reduction Act (44
more stringent requirements for this U.S.C. 3501 et seq.);
category at this time, we are also not • is certified as not having a
taking any action on how this measure significant economic impact on a
fits within the context of a RACM or substantial number of small entities
BACM demonstration for the South under the Regulatory Flexibility Act (5
Coast area. U.S.C. 601 et seq.);
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Document Created: 2018-02-02 15:12:11
Document Modified: 2018-02-02 15:12:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Any comments must arrive by April 11, 2016. | |
| Contact | Doris Lo, EPA Region IX, (415) 972- 3959, [email protected] | |
| FR Citation | 81 FR 12637 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements |
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