81 FR 39423 - Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 116 (June 16, 2016)
Federal Register Volume 81, Issue 116 (June 16, 2016)
| Page Range | 39423-39446 | |
| FR Document | 2016-13941 |
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)] [Rules and Regulations] [Pages 39423-39446] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13941] [[Page 39423]] Vol. 81 Thursday, No. 116 June 16, 2016 Part III Environmental Protection Agency ----------------------------------------------------------------------- 40 CFR Part 52 Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations; Final Rule Federal Register / Vol. 81 , No. 116 / Thursday, June 16, 2016 / Rules and Regulations [[Page 39424]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0622; FRL-9947-59-Region 9] Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the California State Implementation Plan (SIP) consisting of certain state regulations establishing standards and other requirements relating to the control of emissions from new on-road and new and in-use off-road vehicles and engines. The EPA is approving the SIP revision because the regulations meet the applicable requirements of the Clean Air Act. Approval of the regulations as part of the California SIP makes them federally enforceable. DATES: This rule is effective on July 18, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID Number EPA-R09-OAR-2015-0622. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. 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. Proposed Action II. Public Comments and EPA Responses III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On November 12, 2015 (80 FR 69915) (``proposed rule''), the EPA proposed to approve a SIP revision submitted by the California Air Resources Board (CARB) on August 14, 2015 consisting of certain state regulations establishing standards and other requirements relating to the control of emissions from new on-road and new and in-use off-road vehicles and engines (referred to herein as ``mobile source regulations'') for which the EPA has previously issued waivers or authorizations under section 209(b) and section 209(e)(2), respectively, of the Clean Air Act (Act or CAA). Our proposed rule provides background information concerning the CAA, national ambient air quality standards (NAAQS), SIPs, and other matters pertinent to this rulemaking. See 80 FR at pages 69916-69917. We noted in particular that a basic content requirement for SIPs is that they include enforceable emission limitations and other control measures, means, or techniques as may be necessary or appropriate to meet the applicable requirements of the CAA (see section 110(a)(2)(A)). We also noted that the EPA's long-standing practice was to allow California emissions reductions credit for mobile source regulations for which the EPA had issued waivers or authorizations under section 209 but that had not been submitted or approved as part of the SIP. We noted that the EPA's rationale for this long-standing practice was rejected by the Ninth Circuit in Committee for a Better Arvin v. EPA, 786 F.3d 1169 (9th Cir. 2015) (``Committee for a Better Arvin''), and that the decision in Committee for a Better Arvin led to the submittal by CARB of the mobile source regulations as a SIP revision on August 14, 2015. In our proposed rule, we describe CARB's August 14, 2015 SIP revision as consisting of the regulations themselves and documentation of the public process conducted by CARB in approving the regulations as part of the California SIP. Specifically, the proposed rule includes table 1, which presents the contents of the SIP revision by mobile source category and provides, for each category, a listing of the relevant sections of the California Code of Regulations (CCR) that establish standards and other requirements for control of emissions from new on-road and new or in-use off-road vehicles or engines; the corresponding date of CARB's hearing or Executive Officer (EO) action through which the regulations or amendments were adopted; and the notice of decision in which the EPA granted a waiver or authorization for the given set of regulations. For this final rule, we are republishing table 1 from the proposed rule as amended in response to CARB comment #1 (see section II of this document). Table 1--CARB SIP Revision Submittal Summary ---------------------------------------------------------------------------------------------------------------- Date of relevant CARB Relevant sections of hearing date(s) or Source category California Code of Executive Officer EPA Notice of decision Regulations action ---------------------------------------------------------------------------------------------------------------- On-Road Passenger Cars, Light-Duty Amendments to 13 CCR 12/12/02, 6/22/06....... 70 FR 22034 (4/28/05); Trucks, and Medium-Duty Vehicles Sec. Sec. 1961, 75 FR 44948 (7/30/10) (LEV II). 1965, and 1978 and the documents incorporated by reference (see table 2 below), effective for state law purposes on 12/04/ 03; and amendments to 13 CCR Sec. Sec. 1961, 1976, 1978, and documents incorporated by reference (see table 2 below), effective for state law purposes on 2/17/ 07. [[Page 39425]] On-Road Passenger Cars, Light-Duty Adoption of 13 CCR Sec. 01/26/12, 11/15/12...... 78 FR 2112 (1/9/13) Trucks, and Medium-Duty Vehicles Sec. 1961.2 and (LEV III) and Zero Emission 1962.2 (excluding Vehicles (ZEV). subsection 1962.2(g)(6)) and amendments to 13 CCR Sec. Sec. 1900, 1956.8, 1960.1, 1961, 1962.1, 1962.2 (re- numbered to 1961.3), 1965, 1976, 1978, 2037, 2038, 2062, 2112, 2139, 2140, 2145, 2147, and 2235 and the documents incorporated by reference (see table 2 below), effective for state law purposes on 08/07/12; amendments to 13 CCR Sec. Sec. 1900, 1956.8, 1960.1, 1961, 1961.2, 1962.1, 1962.2 (excluding subsection 1962.2(g)(6)(C)), and 1976 and the documents incorporated by reference (see table 2 below), effective for state law purposes on 12/31/12. On-Road Heavy-Duty Gasoline Engines. 13 CCR Sec. 1956.8 12/12/02, 9/5/03 (EO)... 75 FR 70237 (11/17/10) and the document incorporated by reference (see table 2 below), effective for state law purposes on 12/4/03. On-Road Heavy-Duty Diesel Engines... Amendments to 13 CCR 10/25/01................ 70 FR 50322 (8/26/05) Sec. 1956.8, and the document incorporated by reference (see table 2 below), effective for state law purposes on 11/17/ 02. On-Road Motorcycles................. Amendments to 13 CCR 12/10/98................ 71 FR 44027 (8/3/06) Sec. Sec. 1900, 1958 (excluding 1958(a)(1)), and 1965, and the document incorporated by reference (see table 2 below), effective for state law purposes on 11/22/99. On-Road Heavy-Duty Engines--On-Board 13 CCR Sec. Sec. 5/28/09................. 77 FR 73459 (12/10/12) Diagnostic System (HD OBD). 1971.1 and 1971.5, effective for state law purposes on 6/17/ 10. On-Road Heavy Duty Vehicles--engine 13 CCR Sec. Sec. 10/20/05................ 77 FR 9239 (2/16/12) or vehicle idle controls. 1956.8, 2404, 2424, 2425, and 2485 (excluding subsections 2485(c)(1)(A), 2485(c)(1)(B), and 2485(c)(3)(B)), and the document incorporated by reference (see table 2 below), effective for state law purposes on 11/15/2006. In-Use Diesel-Fueled Transport 13 CCR Sec. 2477, as 11/18/10................ 78 FR 38970 (6/28/13) Refrigeration Units. amended, effective for state law purposes on 3/7/11. Commercial Harbor Craft............. 17 CCR Sec. 93118.5 11/15/07, 9/2/08 (EO)... 76 FR 77521 (12/13/11) (excluding subsection 93118.5(e)(1)), effective for state law purposes on 11/19/ 08. Off-Road Large Spark-Ignition (LSI) New LSI engine 5/25/06, 3/2/07 (EO).... 77 FR 20388 (4/4/12) Engines. emissions standards: 13 CCR Sec. Sec. 2430, 2431, 2433, 2434, and 2438; LSI fleet requirements: 13 CCR Sec. Sec. 2775, 2775.1 and 2775.2, and the documents incorporated by reference (see table 2 below), effective for state law purposes on 5/12/07. Auxiliary Diesel Engines on Ocean- 13 CCR Sec. 2299.3 12/6/07, 10/16/08 (EO).. 76 FR 77515 (12/13/11) Going Vessels. and 17 CCR Sec. 93118.3, effective for state law purposes on 01/02/09. In-Use Off-Road Diesel Fueled Fleets 13 CCR Sec. Sec. 5/25/07, 7/26/07, 12/11/ 78 FR 58090 (9/20/13) 2449 (excluding 08, 1/22/09, 7/23/09, subsection 2449(d)(2)) 12/17/10. 2449.1, and 2449.2, effective for state law purposes on 12/14/ 11. Mobile Cargo Handling Equipment 13 CCR Sec. 2479 12/8/05, 9/22/11........ 77 FR 9916 (2/21/12); (CHE). (excluding subsections 80 FR 26249 (5/7/15) (e)(2) and (e)(4)), effective for state law purposes on 12/31/ 06; and amendments to 13 CCR Sec. 2479 (excluding subsections (e)(2) and (e)(4)), effective for state law purposes on 10/14/ 12. Small Off-Road Engines (SORE)....... 13 CCR Sec. Sec. 11/21/08................ 80 FR 26041 (5/6/15) 2401, 2403, 2404, 2405, 2406, 2408, 2408.1, and 2409, and the document incorporated by reference (see table 2 below), effective for state law purposes on 5/5/10. Off-Road Compression--Ignition (CI) 13 CCR Sec. Sec. 1/27/00, 12/9/04........ 75 FR 8056 (2/23/10) Engines. 2420, 2421, 2423, 2424, 2425, 2425.1, 2426, and 2427, and the documents incorporated by reference (see table 2 below), effective for state law purposes on 1/6/06. In-Use Portable Diesel-Fueled 17 CCR Sec. Sec. 2/26/04................. 77 FR 72846 (12/6/12) Engines (PDE). 93116 through 93116.5 (excluding subsection 93116.3(a)), effective for state law purposes on 3/11/05. [[Page 39426]] Portable Equipment Registration 13 CCR Sec. Sec. 3/27/97, 7/31/07 (EO), 77 FR 72851 (12/6/12) Program (PERP). 2451, 2452, 2453, 2455 12/10/98, 2/26/04, 6/22/ (excluding subsections 06, 3/22/07. 2455(a) and 2455(b)), 2456 (excluding subsections 2456(a), 2456(d)(3), 2456(d)(5), and 2456(d)(6)), 2458, 2459, 2460, 2461, and 2462, as amended, effective for state law purposes on 9/12/ 07. Spark-Ignition Marine Engines and 13 CCR Sec. Sec. 7/24/08, 6/5/09 (EO).... 80 FR 26032 (5/16/15) Boats (Marine SI). 2111, 2112, Appendix A therein, 2139, 2147, 2440, 2442, 2443.1, 2443.2, 2444.1, 2444.2, 2445.1, 2445.2, 2446, 2447 and 2474, and the documents incorporated by reference (see table 2 below), effective for state law purposes on 08/16/ 09. Off-Highway Recreational Vehicles 13 CCR Sec. Sec. 7/20/06................. 79 FR 6584 (2/4/14) and Engines (OHRV). 2111, 2112, 2411, 2412, and 2413, and the document incorporated by reference (see table 2 below), effective for state law purposes on 8/15/07. ---------------------------------------------------------------------------------------------------------------- The regulations submitted by CARB and listed in table 1 incorporate by reference certain documents that establish test procedures and labeling specifications, among other things, and CARB submitted these documents as part of the overall SIP revision. In our proposed rule, we included a table (table 2) that lists the incorporated documents included in the SIP submittal and are republishing that table in this final rule. Our proposed rule also included a third table in which we described the applicability of the regulations listed in table 1 above and summarized some of the key emissions control requirements contained in the rules. In today's action, we are approving the regulations in table 1 and the test procedures and specifications in table 2 as a revision to the California SIP.\1\ --------------------------------------------------------------------------- \1\ There is one exception to the EPA's approval of the regulations and test procedures listed in tables 1 and 2. The exception is 13 CCR section 2449.2(f)(4), a provision for which the EPA is deferring final action at this time. Table 2--Documents Incorporated by Reference in CARB Regulations Listed in Table 1, Above, and Submitted as Part of SIP Revision ------------------------------------------------------------------------ ------------------------------------------------------------------------- On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles (LEV II): California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium- Duty Vehicles, as last amended September 5, 2003. California Motor Vehicle Emission Control and Smog Index Label Specifications for 1978 through 2003 Model Year Motorcycles, Light- , Medium- and Heavy-Duty Engines and Vehicles, as last amended September 5, 2003. California Smog Index Label Specifications for 2004 and Subsequent Model Passenger Cars and Light-Duty Trucks, adopted September 5, 2003. California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended September 5, 2003. California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as amended June 22, 2006. California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended June 22, 2006. California Exhaust Emission Standards Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended June 22, 2006. On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles (LEV III) and Zero Emission Vehicles (ZEV): California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended March 22, 2012. California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended March 22, 2012. California Non-Methane Organic Gas Test Procedures, as last amended March 22, 2012. California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended March 22, 2012, excluding GHG-related provisions. California Environmental Performance Label Specifications for 2009 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles, as last amended March 22, 2012. California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended March 22, 2012. California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended March 22, 2012. Specifications for Fill Pipes and Openings of 1977 through 2014 Model Motor Vehicle Fuel Tanks, as last amended March 22, 2012. Specifications for Fill Pipes and Openings of 2015 and Subsequent Model Motor Vehicle Fuel Tanks, adopted March 22, 2012. [[Page 39427]] California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, adopted March 22, 2012, excluding GHG-related provisions. California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended March 22, 2012, excluding GHG- related provisions. California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted March 22, 2012, excluding GHG-related provisions. California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended December 6, 2012, excluding GHG-related provisions. California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended December 6, 2012, excluding GHG-related provisions. California Non-Methane Organic Gas Test Procedures, as last amended December 6, 2012. California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended December 6, 2012. California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended December 6, 2012. California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended December 6, 2012. California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended December 6, 2012. California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted December 6, 2012, excluding GHG-related provision. On-Road Heavy-Duty Gasoline Engines: California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-cycle Engines, as last amended December 12, 2002. On-Road Heavy-Duty Diesel Engines: California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended October 25, 2001. On-Road Motorcycles: California Motor Vehicle Emission Control and Smog Index Label Specifications, as last amended October 22, 1999. On-Road Heavy Duty Vehicles--Reduced Idling: California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines, as last amended September 1, 2006. Off-Road Large Spark-Ignition (LSI) Engines: California Exhaust Emission Standards and Test Procedures for New 2001 through 2006 Off-Road Large Spark-Ignition Engines, Parts I and II, adopted September 1, 1999 and as last amended March 2, 2007. California Exhaust and Evaporative Emission Standards and Test Procedures for 2007 through 2009 Off-Road Large Spark-Ignition Engines, (2007-2009 Test Procedure 1048), adopted March 2, 2007. California Exhaust and Evaporative Emission Standards and Test Procedures for New 2010 and Later Off-Road Large Spark-Ignition Engines, (2010 and Later Test Procedure 1048), adopted March 2, 2007. California Exhaust and Evaporative Emission Standards and Test Procedures for New 2007 and Later Off-Road Large Spark-Ignition Engines (Test Procedures 1065 and 1068), adopted March 2, 2007. Small Off-Road Engines (SORE): California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines, as last amended February 24, 2010. Off-Road Compression-Ignition (CI) Engines: California Exhaust Emission Standards and Test Procedures for New 2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression- Ignition Engines, Part I-B, adopted January 28, 2000 and as last amended October 20, 2005. California Exhaust Emission Standards and Test Procedures for New 1996 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression- Ignition Engines, Part II, adopted May 12, 1993 and as last amended October 20, 2005. California Exhaust Emission Standards and Test Procedures for New 2008 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I- C, adopted October 20, 2005. Spark-Ignition Marine Engines and Boats (Marine SI): California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines, as last amended June 5, 2009. Procedures for Exemption of Add-On and Modified Parts for Off-Road Categories, as last amended June 5, 2009. Off-Highway Recreational Vehicles and Engines (OHRV): California Exhaust Emissions Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles, and Engines, as last amended August 15, 2007. ------------------------------------------------------------------------ We noted in our proposed rule that CARB has expressly excluded from the August 14, 2015 SIP submittal certain sections or subsections of California code that have been authorized or waived by the EPA under CAA section 209. The excluded provisions pertain to:Greenhouse Gas (GHG) exhaust emission standards 2009 through 2016 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, and 2017 and subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles; and [[Page 39428]] GHG related provisions incorporated in the test procedures. Also, CARB has expressly excluded certain sections or subsections of California code that are not subject to preemption under CAA section 209 and thus not included in the related waiver or authorization by the EPA. These provisions pertain to: Fuel use requirements; Idling restrictions on drivers; Opacity standards; Daily mass emission limits (from the PERP regulations); and Certain labeling and consumer notification requirements. On pages 69923-69925 of our proposed rule, we described how we evaluated the regulations and how we determined that the regulations meet all applicable CAA requirements in order to be included in the California SIP. In short, we determined that: CARB provided adequate public notice of a comment period and a hearing on the draft SIP revision prior to adoption and submittal to the EPA, and thereby complied with the applicable procedural requirements for SIP revisions under the CAA section 110(l) and 40 CFR 51.102; CARB has adequate legal authority to implement the regulations because state law so provides, because the regulations are not preempted under the CAA (pursuant to waivers or authorizations issued for them by the EPA), and because CARB is not otherwise prohibited by any provision of federal or state law from carrying out the regulations; The regulations include all of the elements necessary to provide for practical enforceability, including clear applicability and exemption provisions, emissions standards and other requirements, test methods, recordkeeping and reporting provisions, and thereby establish enforceable emissions limitations as required under CAA section 110(a)(2)(A); \2\ --------------------------------------------------------------------------- \2\ After proposing action on CARB's mobile source regulations, we discovered a specific provision in the ``Surplus Off-Road Opt-In for NO X (SOON) Program'' portion of CARB's Regulation for In-Use Off-Road Diesel-Fueled Fleets that cannot be reconciled with the principle that SIP rules relied upon for emissions reductions must be federally enforceable. The specific provision is 13 CCR section 2449.2(f)(4) (``ARB Authority''), which states, in pertinent part: ``ARB has sole authority to enforce the requirements of section 2449.2.'' We find 13 CCR section 2449.2(f)(4) to be severable from the rest of the regulation and have not included it in today's approval action. ---------------------------------------------------------------------------CARB's mobile source regulations submitted for approval as a revision to the California SIP establish emission limitations relied upon by RFP, attainment, and maintenance plans developed by California to meet CAA SIP requirements for nonattainment areas, and thus would not interfere with such CAA requirements for the purposes of CAA section 110(l); and Given the longstanding nature of CARB's mobile source program, and its documented effectiveness at achieving significant reductions from mobile sources, the state has adequate personnel and funding to carry out the mobile source regulations submitted for approval as part of the California SIP. For more background information on the regulatory context for this final rule, and for additional detail on the SIP submittal itself, and our evaluation, please see our proposed rule. II. Public Comments and EPA Responses The EPA's proposed rule, published at 80 FR 69915 (November 12, 2015), provided for a 30-day comment period. The EPA received two comment letters in response to the proposed rule: (1) A comment letter dated December 8, 2015 from CARB; and (2) a comment letter dated December 14, 2015 from the Owner-Operator Independent Drivers Association, Inc. (OOIDA). In the paragraphs below, we summarize the comments and provide our responses. CARB comment #1: CARB indicates that while the August 14, 2015 SIP revision submittal included two regulations affecting Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards (CHE Regulation), table 1 of the EPA's November 12, 2015 proposed rule only lists one such regulation. CARB notes that, while table 1 of the proposed rule only listed one CHE regulation, table 3 of the proposed rule lists both. CARB suggests that table 1 be amended to include both CHE regulations, consistent with CARB's August 14, 2015 SIP revision submittal. EPA response to CARB comment #1: CARB is correct that the proposed action covers both CHE rules and that the EPA inadvertently failed to include one of the two CHE regulations in table 1 of the proposed rule. Table 1, as amended to list both CHE regulations, is included in the preamble to this final rule. OOIDA comment #1: OOIDA contends that the EPA's proposed action to approve CARB's mobile source regulations as part of the California SIP is inconsistent with the Ninth Circuit's decision in Committee for a Better Arvin by failing to demonstrate how CARB has satisfied the requirement under the CAA that SIPs must include ``enforceable emission limitations and other control measures . . . as may be necessary or appropriate to meet the applicable requirements of [the CAA].'' Section 110(a)(2)(A). OOIDA asserts that the materials that CARB and the EPA are relying upon were previously submitted as part of CARB's waiver or authorization requests to the EPA, and thus are outdated. OOIDA notes that many of these regulations have been in effect under state law for years, and thus, to comply with Committee for a Better Arvin, the EPA must require CARB to submit current evidence showing how well these requirements have been adopted, whether the reductions in pollution have been met, what the experience of the regulated community has been, and whether CARB's cost estimates were accurate. EPA response to OOIDA comment #1: We disagree that our action to approve California's mobile source regulations that have been waived or authorized by the EPA under CAA section 209 is inconsistent with the Ninth Circuit's decision in Committee for a Better Arvin or that the information sought by OOIDA is necessary to establish that the regulations are ``necessary or appropriate'' for the purposes of CAA section 110(a)(2)(A). First, in Committee for a Better Arvin, the Ninth Circuit remanded to the EPA the Agency's final actions approving two specific regional plans that were adopted to meet nonattainment area SIP requirements and that rely, in part, on emissions reductions from so-called ``waiver'' measures, i.e., CARB mobile source regulations for which the EPA has issued waivers or authorizations under CAA section 209. In so doing, the court rejected the EPA's arguments supporting the Agency's longstanding practice of allowing California to rely on emissions reductions from state mobile source measures waived or authorized by the EPA under CAA section 209 to meet CAA SIP requirements without requiring approval of those measures into the California SIP. The Ninth Circuit found that CAA section 110(a)(2)(A) plainly mandates that the SIP include all state and local emission limitations, control measures, means, and techniques on which the state relies to assure compliance with the CAA. 786 F.3d 1169, at 1175-1178 (9th Cir. 2015). The Court found support for its view in the Act's provisions that allow the EPA or citizens to commence lawsuits to enforce emissions standards or limitations established under the Act. Id. In response to the decision, CARB selected for the SIP those mobile source regulations that represent the most current set of such regulations that have been waived or authorized by the EPA under CAA section 209 and that are [[Page 39429]] relied upon to provide emissions reductions in the most recently- approved or pending SIPs for the various nonattainment areas in California, such as the two regional plans that were the subject of the remand in Committee for a Better Arvin. The issue of whether the emissions reductions anticipated by CARB when adopting the regulations reasonably approximate those that have actually occurred is not relevant for the EPA's action on CARB's mobile source regulations SIP revision. The fact that California is relying on the emissions reductions from the mobile source regulations to meet any CAA requirements makes the regulations ``necessary or appropriate'' for inclusion in the SIP, regardless of whether the reductions are the same as those originally estimated by CARB at the time of submittal of the waiver or authorization request. In response to CARB's SIP revision submittal, however, the EPA did not simply propose to approve the mobile source regulations without review and evaluation for compliance with relevant CAA requirements for such regulations. For example, the EPA reviewed the regulations to determine whether SIP procedural requirements under CAA section 110(a)(2) and related EPA regulations were met; to determine whether the regulations are enforceable and thereby comply with the applicable requirement in CAA section 110(a)(2)(A); to determine whether the state has provided necessary assurances that it has adequate personnel, funding, and authority to implement the regulations and thereby comply with the applicable requirements in CAA section 110(a)(2)(E); and to determine whether the SIP revision would interfere with attainment or reasonable further progress or any other CAA requirement as required under CAA section 110(l). See our proposed rule, 80 FR at 69923-69925. For the reasons stated in the proposed rule, we concluded that CARB's mobile source regulation SIP revision met all of the relevant CAA requirements and would not interfere with attainment or reasonable further progress or any other CAA requirement. One consideration that the EPA did not take into account was the cost of compliance by manufacturers or owners/operators subject to CARB's mobile source regulations. Such cost issues standing alone, which OOIDA believes CARB must submit and that the EPA must consider, are not relevant to the EPA's review of SIPs and SIP revisions under CAA section 110. This has been settled law since 1976 when the Supreme Court issued its decision in Union Electric Co. v. EPA, 427 U.S. 246, at 255-266 (1976) (``Union Electric''), rehearing denied 429 U.S. 873 (1976). In Union Electric, the Supreme Court found that the 1970 version of section 110(a)(2) did not allow the EPA to disapprove an attainment sulfur dioxide (SO 2 ) SIP on the ground that the SIP's control measures for complying with the SO2 NAAQS would be so stringent as to be technologically or economically infeasible. Id. at 265. The Supreme Court made it clear that Congress left states free to choose technology-forcing measures to achieve attainment within what was then a three-year deadline. Id. at 268-269. While the CAA has been amended a number of times since 1970, the basic allocation of responsibilities on the states in developing and submitting SIPs and on the EPA in reviewing SIPs and SIP revisions remains the same today, and thus the holding of Union Electric continues to inform the EPA's review of SIPs and SIP revisions today. OOIDA comment #2: Citing CAA section 307(b)(1), OOIDA asserts that the EPA must specify whether any SIP approval has nationwide scope or effect. OOIDA further declares that if the EPA fails to make such an express determination, then OOIDA will advise its members residing outside of California that they do not need to comply with any of the California laws, statutes or regulations included in the SIP. If, on the other hand, the EPA finds that the SIP does have ``nationwide scope and effect,'' then OOIDA claims that CARB is required under CAA section 110(a)(2)(E) to satisfy the EPA that the imposition of California's regulatory regime on interstate truckers residing outside of California is consistent with the Commerce Clause of the U.S. Constitution. Without such a demonstration from CARB, and a finding of nationwide scope or effect by the EPA, OOIDA objects to the EPA's proposed approval of CARB's mobile source regulations as part of the California SIP. EPA response to OOIDA comment #2: CAA section 307(b)(1) provides that a petition for review of the EPA in promulgating certain specific types of standards, such as the NAAQS, ``or any other nationally applicable regulations promulgated, or final action taken, by the [EPA] under the [CAA] may be filed only in the U.S. Court of Appeals for the District of Columbia.'' A petition for review of the EPA's action in approving a SIP under CAA section 110 that is locally or regionally applicable may be filed only in the U.S. Court of Appeals for the appropriate circuit unless such SIP action is based on a determination of ``nationwide scope or effect'' and if in taking such action the EPA finds and publishes that such action is based on such a determination. In that case, CAA section 307(b)(1) provides for review of the EPA's SIP action in the U.S. Court of Appeals for the District of Columbia. Thus, section 307(b)(1) not only confers jurisdiction upon the U.S. Courts of Appeals but also specifies how the venue for petitions for review of actions covered by section 307(b)(1) is determined. Dalton Trucking Inc. v. EPA, No. 13-1283, slip op. at 7-8 (D.C. Cir. Dec. 18, 2015). When the EPA issues a final decision waiving or authorizing CARB mobile source regulations under CAA section 209 of the CAA, the proper venue for judicial review of that decision is the U.S. Court of Appeals for the D.C. Circuit if either the decision is ``nationally applicable'' or the EPA determines the decision is of ``nationwide scope or effect'' and publishes the determination. Section 307(b)(1). In making a determination of nationwide scope or effect for a waiver or authorization under section 209, the EPA takes into account that other states may adopt California's standards for which a section 209 waiver or authorization has been granted if certain criteria are met. Sections 177 and 209(e)(2)(B) allow other states to adopt (and subsequently enforce in their state) California's regulations for which the EPA has issued waivers or authorizations. The EPA may also consider the applicability of such regulations to manufacturers or owner/operators residing outside of California but selling, leasing, or operating vehicles or equipment in California.\3\ --------------------------------------------------------------------------- \3\ The D.C. Circuit recently concluded that a decision under section 209 is not ``nationally applicable'' under section 307(b) if it applies only to vehicles owned or operated in California, even if those vehicles are based outside California. Dalton Trucking Inc. v. EPA, No. 13-1283, slip op. at 10 (D.C. Cir. Dec. 18, 2015). However, a decision that is not applicable outside California can still have effect outside California. --------------------------------------------------------------------------- In this case, the EPA is taking action under section 110 of the CAA to approve CARB's mobile source regulations as part of the California SIP. Unlike the Agency's issuance of a waiver or authorization under section 209, approval of CARB's mobile source regulations under section 110 does not enable other states to adopt the regulations. The EPA's approval of the regulations under section 110 does extend federal enforceability to the standards. See CAA sections 113 (EPA enforcement authority) and 304 (citizen suits). However, that is true of all SIP approval actions under section 110, and [[Page 39430]] thus, like other SIP approval actions, we find that our final action herein is not nationally applicable, nor is it of nationwide scope or effect. Petitions for review of this final action therefore must be filed in the U.S. Court of Appeals for the appropriate circuit, i.e., in this case, the U.S. Court of Appeals for the Ninth Circuit. Lastly, because the EPA finds that the Agency's final action herein is not of ``nationwide scope or effect,'' no further response to OOIDA's comment is necessary. OOIDA comment #3: OOIDA notes that, in addition to being an affirmative grant of congressional authority, the Commerce Clause of the U.S. Constitution, which authorizes Congress ``[t]o regulate Commerce . . . among the several states,'' is in its negative aspect also a limitation on the regulatory authority of the states. OOIDA contends that, in its negative aspect, the Commerce Clause protects the nation against economic Balkanization and state regulations affecting interstate commerce where the burden on commerce is excessive in relation to the putative local benefits. For example, OOIDA cites high aggregate costs purportedly incurred to comply with two specific CARB regulations, the Heavy-Duty (Truck) Greenhouse Gas (HD GHG) Regulations and the In-Use On-Road Heavy-Duty Diesel-Fueled Vehicles Regulation (``Truck and Bus Regulation''). OOIDA argues that the EPA should expressly consider and make findings whether the aggregate impact of regulations which California has sought to ``federalize'' through SIP approvals violate these Constitutional principles. EPA response to OOIDA comment #3: First of all, we note that today's action does not include CARB's HD GHG Regulations or the Truck and Bus Regulation. The former was not included in the SIP revision submittal and has never been submitted as part of the California SIP, and the latter was submitted and approved by the EPA as a SIP revision in 2012 at 77 FR 20308 (April 4, 2012). As to the Commerce Clause comment more generally, the negative aspect of the Commerce Clause to which OOIDA refers is often referred to as the ``dormant'' Commerce Clause. OOIDA notes some of the basic principles under which courts have found state regulations to be invalid under the dormant Commerce Clause.\4\ OOIDA asks the EPA to expressly consider and make findings whether the aggregate impact of regulations that California has sought to ``federalize'' through SIP approvals violate dormant Commerce Clause principles. --------------------------------------------------------------------------- \4\ OOIDA cites the court's reasoning in Union Pac. R.R. v. Cal. Pub. Utils. Comm'n, 346 F.3d 851, 871 (9th Cir. 2003) in support of its arguments challenging California's mobile source regulations on the grounds of extra-territorial impact. In Union Pac. R.R., the Ninth Circuit Court of Appeals struck down certain California regulations having an extraterritorial impact; however, in more recent years, the Ninth Circuit appears to have modified its views on the extra-territoriality doctrine. In Rocky Mountain Farmers Union v. Corey, 730 F.3d 1070, 1101 (9th Cir. 2013), a case challenging California's Low Carbon Fuel Standard, the Ninth Circuit noted: ``In the modern era, the Supreme Court has rarely held that statutes violate the extraterritoriality doctrine[.]'', and concluded: ``The district court held that the Fuel Standard regulated extraterritorial conduct because: (1) . . . it `attempts to control' out-of-state conduct, . . . We disagree.'' Id. We also note that, while Rocky Mountain Farmers Union stands for the proposition that CAA section 211(c)(4)(B) ``does not insulate California from scrutiny under the dormant Commerce Clause,'' Id., at 1107, CAA section 211(c)(4) does not establish for motor vehicle fuels the type of specific process under which California rules shall be waived or authorized by the EPA as that found for mobile source emissions standards in CAA sections 209(b) and (e). See additional discussion regarding the dormant Commerce Clause and California regulations waived or authorized under CAA sections 209(b) and (e) later in the response to OOIDA comment #3. --------------------------------------------------------------------------- Under the CAA, the EPA's responsibility in reviewing SIPs and SIP revisions is to ensure that all CAA requirements that apply to a given SIP or SIP revision are met, and if a given SIP or SIP revision meets minimum applicable CAA requirements, then the EPA ``shall'' approve it. See CAA section 110(k)(3). Among the CAA requirements that apply to SIPs or SIP revisions is section 110(a)(2)(E), which provides in relevant part that SIPs and SIP revisions must provide necessary assurances that the state will have adequate authority under state law to carry out such SIP and is not prohibited by any provision of federal or state law from carrying out such SIP. In this instance, the EPA has issued waivers or authorization under section 209 for all of the subject regulations (and in doing so has removed the federal Clean Air Act preemption), and the EPA has found CARB to have the necessary legal authority to enforce the standards under state law. Furthermore, none of the subject regulations has been found by any court to be preempted under the dormant Commerce Clause or any other federal law, and thus, CARB is not prohibited from carrying out such SIP. Moreover, in this instance, the ``dormant'' Commerce Clause is no obstacle to the EPA's approval of CARB's mobile source regulations SIP revision. As a general matter, the ``dormant'' Commerce Clause acts to limit certain types of state regulation that affect interstate commerce, but does not limit actions by federal agencies, such as the EPA. Additionally, ``dormant'' Commerce Clause principles simply do not apply where Congress has so clearly established a process under which the EPA must waive preemption if certain conditions are met. Here, the regulations submitted as part of CARB's SIP revision fall within the scope of CAA section 209, the Congressional provision under which the explicit general preemption of state mobile source regulations may be waived for California. Congress can authorize state or local government action that otherwise would violate the ``dormant'' Commerce Clause, even if the action ultimately interferes with interstate commerce. See White v. Massachusetts Council of Constr. Employers, Inc., 460 U.S. 204, 213 (1983). Both the legislative history of CAA section 209 and the text of the statute itself show that Congress affirmatively contemplated the type of regulations at issue here, even assuming those regulations might otherwise be considered to interfere with interstate commerce. See Motor & Equip. Mfrs. Ass'n v. EPA, 627 F.2d 1095 (D.C. Cir. 1979) (``MEMA I''). The EPA has consistently interpreted these provisions as providing a narrow review of California's decision making. These views are consistent with the views we expressed in more detail in our recent brief in Owner-Operator Independent Drivers Association, Inc. v. EPA, D.C. Cir., Case No. 14-1192 (``OOIDA v. EPA''), which has been placed in the docket for this rulemaking. While the specific California regulations at issue in OOIDA v. EPA are not included in the SIP revision approved in today's action, we believe that the views expressed in our brief in that case on the Commerce Clause apply more generally to EPA actions and to California regulations (including those approved herein) for which the EPA has issued waivers or authorizations and thus we are adopting the reasoning set forth therein in support of today's action. Lastly, Congress allows for cost considerations in reviewing requests for waivers of preemption under section 209 of the Act. The third prong of EPA's consideration (section 209(b)(1)(C) for on-road waivers and section 209(e)(2)(A)(iii) for off-road authorizations) includes an assessment of whether CARB's regulations are technologically infeasible. Such assessment includes a review of whether those opposing the waiver have demonstrated that there is inadequate lead time to permit the development of technology necessary to meet the [[Page 39431]] regulations at issue, giving appropriate consideration to the cost of compliance within that time frame.\5\ Each of the regulations approved in today's actions were the subject of a waiver or authorization by the EPA under section 209, and thus, cost compliance issues have already been considered by the Agency in that context. The EPA does not intend to reopen those issues through today's action under CAA section 110 on CARB's SIP revision. --------------------------------------------------------------------------- \5\ See 79 FR 46256, 46262-46264. In MEMA I, the court addressed the cost of compliance issue in reviewing a waiver decision. According to the court: Section 202's cost of compliance concern, juxtaposed as it is with the requirement that the Administrator provide the requisite lead time to allow technological developments, refers to the economic costs of motor vehicle emission standards and accompanying enforcement procedures. See S. Rep. No. 192, 89th Cong., 1st Sess. 5-8 (1965); H.R. Rep. No. 728 90th Cong., 1st Sess. 23 (1967), reprinted in U.S. Code Cong. & Admin. News 1967, p. 1938. It relates to the timing of a particular emission control regulation rather than to its social implications. Congress wanted to avoid undue economic disruption in the automotive manufacturing industry and also sought to avoid doubling or tripling the cost of motor vehicles to purchasers. It, therefore, requires that the emission control regulations be technologically feasible within economic parameters. Therein lies the intent of the cost of compliance requirement (emphasis added). --------------------------------------------------------------------------- OOIDA Comment #4: OOIDA believes that the costs to comply with CARB's On-Road Heavy-Duty Vehicle--Engine or Vehicle Idle Controls (``Anti-Idling'') Regulations disproportionately burden motor carriers and drivers from outside of the State of California because local California truck owners who go home at night on a regular basis are not pressured to purchase an Alternative Power Source (APS) to condition the truck cab for the comfort of the driver for those times when the idling shutdown system activates in uncomfortably hot or cold weather. On the benefit side, OOIDA contends that CARB did not quantify the environmental benefits that will be derived from the Anti-Idling Regulations in either the SIP revision or the waiver request to the EPA for the rules back in 2008. OOIDA believes that the burden of these regulations upon out-of-state trucks far exceeds the air pollution benefits, but in any event, now that the regulations have been in effect for several years, OOIDA states that the EPA should not approve the Anti-Idling Regulations as part of the SIP until CARB presents, and the EPA considers, up-to-date information concerning costs and benefits. EPA response to OOIDA comment #4: CARB included the Anti-Idling Regulations in the package of mobile source regulations submitted as part of the California SIP because recent and pending regional air quality plans depend upon the emissions reductions from implementation of the regulations. At the time the regulations were adopted, CARB estimated statewide benefits from reducing idling of sleeper berth equipped trucks at 46 tons per day of oxides of nitrogen, 4.2 tons per day of reactive organic gases, and 0.4 tons per day of particulate matter in year 2010.\6\ --------------------------------------------------------------------------- \6\ CARB's Updated Informative Digest, ``Requirements to Reduce Idling Emissions from New and In-Use Trucks, Beginning in 2008,'' posted September 6, 2006. --------------------------------------------------------------------------- As noted previously, the CAA requires the EPA to approve SIPs and SIP revisions that meet the applicable requirements of the CAA. One of those requirements involves a determination that the state has provided necessary assurances that the state is not prohibited by any provision of federal or state law from carrying out the SIP (see CAA section 110(a)(2)(E)), and in this case, no court has found the Anti-Idling Regulations to be in violation of the Commerce Clause or any other provision of federal law. Also, as noted above in our responses to OOIDA comment #1, under Union Electric, compliance cost issues standing alone are not relevant to the EPA's review of SIPs and SIP revisions under CAA section 110, and as noted in response to OOIDA comment #3, the Commerce Clause acts to limit certain types of state regulation that affect interstate commerce, but does not limit actions by federal agencies, such as the EPA. As also previously explained, the ``dormant'' Commerce Clause principles do not apply where Congress has established a process under which the EPA must waive preemption if certain conditions are met. The EPA's views expressed herein concerning the reach of the ``dormant'' Commerce Clause and the viability of challenges under the Commerce Clause to California regulations for which waivers or authorizations have been issued are consistent with our recent brief in Owner-Operator Independent Drivers Association, Inc. v. EPA, D.C. Cir., Case No. 14- 1192, which has been placed in the docket for this rulemaking. OOIDA comment #5: OOIDA cites CARB's In-Use Diesel-Fueled Transport Refrigeration Units (TRUs) Regulation as another example of what it contends is a state regulation whose costs on interstate commerce far exceed any benefit yet demonstrated by CARB. OOIDA further contends that the EPA does not have the authority to approve a rule with what it views as an unconstitutional impact on interstate commerce. EPA response to OOIDA comment #5: As previously explained, the Commerce Clause acts to limit certain types of state regulation that affect interstate commerce, but does not limit actions by federal agencies, such as the EPA. As also previously explained, the ``dormant'' Commerce Clause principles do not apply where Congress has established a process under which the EPA must waive preemption if certain conditions are met. On the other hand, the EPA recognizes that it must review SIPs and SIP revisions for compliance with CAA section 110(a)(2)(E), which provides in relevant part that the state must provide necessary assurances that, among other things, the state is not prohibited by any provision of federal or state law from carrying out the SIP. In this instance, no court has found CARB's TRUs Regulation to be in violation of the Commerce Clause or any other provision of federal law. As noted above in the EPA response to OOIDA comment #3, the EPA has considered in detail the issue of the relevance of the ``dormant'' Commerce Clause to CARB's regulations that are subject to waivers or authorizations under section 209 in a recent brief filed in the D.C. Circuit Court of Appeals in Owner-Operator Independent Drivers Association, Inc. v. EPA, D.C. Cir., Case No. 14-1192, which is in the docket for this rulemaking. III. Final Action Under section 110(k)(3) of the CAA, and for the reasons given above, we are taking final action to approve a SIP revision submitted by CARB on August 14, 2015 that includes certain sections of title 13 and title 17 of the California Code of Regulations that establish standards and other requirements relating to the control of emissions from new on-road and new and in-use off-road vehicles and engines. Tables 1 and 2 above list the regulations and related test procedures and other specifications we are approving in this action.\7\ We are approving the SIP revision because the regulations (and related test procedures and other specifications) included therein fulfill all relevant CAA requirements. This final action incorporates by reference the regulations into the federally enforceable SIP for the State of California. --------------------------------------------------------------------------- \7\ As discussed above in footnotes #1 and #2, we are deferring action on 13 CCR section 2449.2(f)(4). --------------------------------------------------------------------------- [[Page 39432]] IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of certain sections of title 13 and title 17 of the California Code of Regulations described in the amendments to 40 CFR part 52 set forth below. Therefore, these materials have been approved by the EPA for inclusion in the State implementation plan, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\8\ The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \8\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the Clean Air Act, 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 Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this 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 Clean Air Act; and does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable 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, this action does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 15, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 1, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart F--California 0 2. Section 52.220a is amended as follows: 0 a. In paragraph (c), table 1 is amended: 0 i. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 1 (General Provisions)'' after the entry for ``6626''; and under it, adding entries for ``1900(b)(11) through (b)(17)'', ``1900(b)(9) and (b)(22)'', and ``1900(b)(22)''; 0 ii. By adding entries for ``1956.8(a)(2), (a)(5), (b), and (h)'', ``1956.8(b), (c)(1)(B), (d), and (h)(2)(footnotes J and K)'', and ``1956.8(a)(2)(A), (a)(6), and (b)'' after the heading ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 2 (Approval of Motor Vehicle Pollution Control Divisions (New Vehicles))''; 0 iii. By adding entries for ``1956.8(b), (c)(1)(B), (c)(3), (d), (h)(2), and (h)(5)'', ``1956.8(b), (c)(1)(A)(3), (d), and (h)(5)'', and ``1958 (a) (excluding (a)(1)), (b)(1), (b)(2), (f), (g), and (h)'', after the entry for ``1956.8''; 0 iv. By adding entries for ``1960.1(r)'', ``1960.1(r)'', ``1961, including Introduction, (a)(4), (a)(8), (a)(12), (a)(15); (b)(3)(B), (b)(3)(C), (b)(3)(D), (b)(3)(E); (d); and (e)'', and ``1961(d)'' after the entry for ``1960.1''; 0 v. By adding entries for ``1961, including Introduction, (a)(1), (a)(3), [[Page 39433]] (a)(4), (a)(5), (a)(7), (a)(8)(B), (a)(14)(A); (b)(1)(A), (b)(1)(B)(1.)(c.), (b)(1)(B)(3.), (b)(1)(C)(1.), (b)(1)(D), (b)(3)(A), (b)(3)(B), (b)(3)(C), (b)(3)(E); (c)(1), (c)(2)(A), (c)(3)(A), (d)'', ``1961, including Introduction, (a)(1), (b)(1)(A), (d)'', ``1961.2'', ``1961.2, including Introduction, (a)(1), (a)(2)(A), (a)(2)(D), (a)(7)(A), (a)(7)(A)(2.) (through equation 2), (A)(9), (b)(1)(A), (b)(1)(A)(2.), (b)(1)(D), (b)(4)(A), (c)(1)(B), (c)(3)(B), and (d)''; ``1962.1'', ``1962.1 (b)(2)(D)(1) and (2), (c)(3)(A), and (h)(1)''; ``1962.2, excluding (g)(6)(C)''; ``1962.2(c)(2)(B), (c)(3)(A), (c)(3)(A)(1.), (h)(1)''; ``1962.3''; ``1965''; ``1965''; ``1965''; ``1971.1''; ``1971.5''; ``1976(c)''; ``1976(b)(1), (c), (f)(3) and (f)(4)''; ``1976(b)(1), (b)(1)(G)(3), (c)''; ``1978(a)(1), (b)''; ``1978(b)''; and ``1978'' after the entry for ``1961''; 0 vi. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 6 (Emission Control Warranty System)'' after the entry for ``2027''; and under it, adding entries for ``2037(g)'' and ``2038(c)(3)''; 0 vii. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 1 (Assembly-Line Testing)'' after the new entry ``2038(c)(3)''; and under it, adding an entry for ``2062''; 0 viii. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.1 (Procedures for In-Use Vehicle Voluntary and Influenced Recalls)'' after the new entry ``2062''; and under it, adding entries for ``2111(a)(1)'', ``2111(a)(4)'', ``2112(l)(12)'', ``2112(l)(20), (l)(23)'', and ``2112(b), (l)(9), (l)(18)''; 0 ix. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.3 (In-Use Vehicle Enforcement Test Procedures)'' after the new entry ``2112(b), (l)(9), (l)(18)''; and under it, adding entries for ``2139(h)'', ``2139(a), (b), (c)(2)'', and ``2140(b)''; 0 x. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.4 (Procedures for Reporting Failures of Emission-Related Components)'' after the new entry ``2140(b)''; and under it, adding entries for ``2145(b)(3)'', ``2147(b)'', and ``2147(b)(3)''; 0 xi. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 4.4 (Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks)'' after the new entry ``2147(b)(3)''; and under it, adding an entry for ``2235''; 0 xii. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 5.1 (Standards for Fuels for Nonvehicular Sources)'' after the entry for ``2297''; and under it, adding an entry for ``2299.3''; 0 xiii. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 1 (Small Off-Road Engines)'' after the new entry ``2299.3''; and under it, adding entries for ``2401(a)(13), (36), (41), (51), (52)'', ``2403(b)(2), (b)(3), (b)(4), (d), (e)(1)'', ``2404(a)''; ``2404(m)(1), (m)(2), (m)(3)''; ``2405(b)(1), (b)(2), (h)(1), (h)(2)''; ``2406(b)(1), (b)(2)''; ``2408(b)(2), (d)(4), (f)(1), (f)(3), (f)(4), (f)(5), (g)(1)(E), (i)(3), (i)(7)''; ``2408.1''; and ``2409(a), (b)(1), (b)(2), (b)(5), (b)(6), (d)(3)''; 0 xiv. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 3 (Off-Highway Recreational Vehicles and Engines)'' after the new entry ``2409(a), (b)(1), (b)(2), (b)(5), (b)(6), (d)(3)''; and under it, adding entries for ``2411(a)(1), (a)(13), (a)(17), (a)(18), (a)(19)''; ``2412''; and ``2413''; 0 xv. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4 (Off-Road Compression- Ignition Engines and Equipment)'' after the new entry ``2413''; and under it, adding entries for ``2420'', ``2421'', ``2423'', ``2424'', ``2424(a)'', ``2425'', ``2425(e)'', ``2425.1'', ``2426'', and ``2427''; 0 xvi. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.5 (Off-Road Large Spark- Ignition Engines)'' after the new entry ``2427''; and under it, adding entries for ``2430'', ``2431(a), (a)(19), (a)(28)'', ``2433'', ``2434(c)'', and ``2438(e)(7)''; 0 xvii. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.7 (Spark-Ignition Marine Engines)'' after the new entry ``2438(e)(7)''; and under it, adding entries for ``2440(a)(3)'', ``2442(a)(1), (a)(2), (b), (c), (d), (e), (f), (g), (h)'', ``2443.1(b)(1), (c)(2)(B), (c)(4)(B), (c)(4)(D), (c)(4)(G), (c)(4)(H), (d)(4)(B)'', ``2443.2(b)(1), (c)(1), (c)(2), (e)'', ``2444.1(a), (b)(3)(B), (b)(3)(E), (b)(3)(G), (e)(4)(A)(1. through 10.), (e)(4)(B), (e)(4)(C)(1., 2., and 3.)'', ``2444.2'', ``2445.1(a), (c)(1), (c)(2), (c)(3), (e)(10), (e)(11), (g)(2)(A)'', ``2445.2(a)'', ``2446(a), (b)(4)(B), (c)(1)(A), (c)(1)(B), (c)(2)(A), (c)(3)(D), (c)(3)(E), (d)(3)(D), (d)(5), (e)'', and ``2447''; 0 xviii. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.8 (In-Use Off-Road Diesel-Fueled Fleets)'' after the new entry ``2447''; and under it, adding entries for ``2449, excluding (d)(2)'', ``2449.1'', and ``2449.2, excluding (f)(4)''; 0 xix. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 5 (Portable Engine and Equipment Registration)'' after the new entry ``2449.2, excluding (f)(4)''; and under it, adding entries for ``2451'', ``2452'', ``2453'', ``2455, excluding (a) and (b)'', ``2456, excluding (a), (d)(3), (d)(5), and (d)(6)'', ``2458'', ``2459'', ``2460'', ``2461'', and ``2462''; 0 xx. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 7 (Certification Procedures for Aftermarket Parts for Off-Road Vehicles, Engines, Equipment)'' after the new entry ``2462''; and under it, adding an entry for ``2474(e), (i)(1)''; 0 xxi. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 8 (Off-Road Airborne Toxic Control Measures)'' after the new entry ``2474(e), (i)(1)''; and under it, adding entries for ``2477'', ``2479, excluding (e)(2) and (e)(4)'', and ``2479(a), (b), (c), (d), (e)(1), (e)(3), (e)(5), (f)(1), (f)(2), (f)(3), (f)(6), (h)(1), (i), (j)(1), (j)(2), (j)(3), (k), (l), (m), (n), (o), (p), (q), (r)''; 0 xxii. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 10 (Mobile Source Operational Controls), Article 1 (Motor Vehicles)'' after the new entry ``2479(a), (b), (c), (d), (e)(1), (e)(3), (e)(5), (f)(1), (f)(2), (f)(3), (f)(6), (h)(1), (i), (j)(1), (j)(2), (j)(3), (k), (l), (m), (n), (o), (p), (q), (r)''; and under it, adding an entry for ``2485, excluding (c)(1)(A), (c)(1)(B), (c)(3)(B)''; [[Page 39434]] 0 xxiii. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and Engines Pollution Control Requirements), Article 2 (Large Spark Ignition (LSI) Engines Fleet Requirements)'' after the entry for ``2701''; and under it, adding entries for ``2775'', ``2775.1'', and ``2775.2''; 0 xxiv. By adding entries for ``93116'', ``93116.1'', ``93116.2'', ``93116.3, excluding (a)'', ``93116.4'', ``93116.5'', ``93118.3'', and ``93118.5, excluding (e)(1)'' after the entry for ``93114''; and b. Paragraph (c), table 2 is amended by adding entries for ``California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles, as last amended September 5, 2003'', ``California Motor Vehicle Emission Control and Smog Index Label Specifications for 1978 through 2003 Model Year Motorcycles, Light-, Medium- and Heavy-Duty Engines and Vehicles,'' as last amended September 5, 2003'', ``California Smog Index Label Specifications for 2004 and Subsequent Model Passenger Cars and Light-Duty Trucks,'' adopted September 5, 2003'', ``California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended September 5, 2003'', ``California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as amended June 22, 2006'', ``California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended June 22, 2006'', ``California Exhaust Emission Standards Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended June 22, 2006'', ``California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended March 22, 2012'', ``California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended March 22, 2012'', ``California Non-Methane Organic Gas Test Procedures, as last amended March 22, 2012'', ``California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended March 22, 2012, excluding GHG-related provisions'', ``California Environmental Performance Label Specifications for 2009 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles, as last amended March 22, 2012'', ``California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended March 22, 2012'', ``California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended March 22, 2012'', ``Specifications for Fill Pipes and Openings of 1977 through 2014 Model Motor Vehicle Fuel Tanks, as last amended March 22, 2012'', ``Specifications for Fill Pipes and Openings of 2015 and Subsequent Model Motor Vehicle Fuel Tanks, adopted March 22, 2012'', ``California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, adopted March 22, 2012, excluding GHG-related provisions'', ``California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended March 22, 2012, excluding GHG-related provisions'', ``California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted March 22, 2012, excluding GHG-related provisions'', ``California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended December 6, 2012, excluding GHG-related provisions'', ``California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended December 6, 2012, excluding GHG-related provisions'', ``California Non-Methane Organic Gas Test Procedures, as last amended December 6, 2012'', ``California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended December 6, 2012'', ``California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended December 6, 2012'', ``California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended December 6, 2012'', ``California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended December 6, 2012'', ``California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted December 6, 2012, excluding GHG-related provisions'', ``California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-cycle Engines, as last amended December 12, 2002'', ``California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended October 25, 2001'', ``California Motor Vehicle Emission Control and Smog Index Label Specifications, as last amended October 22, 1999'', ``California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines, as last amended September 1, 2006'', ``California Exhaust Emission Standards and Test Procedures for New 2001 through 2006 Off-Road Large Spark-Ignition Engines, Parts I and II, adopted September 1, 1999 and as last amended March 2, 2007'', ``California Exhaust and Evaporative Emission Standards and Test Procedures for 2007 through 2009 Off-Road Large Spark-Ignition Engines, (2007-2009 Test Procedure 1048), adopted March 2, 2007'', ``California Exhaust and Evaporative Emission Standards and Test Procedures for New 2010 and Later Off-Road Large Spark-Ignition Engines, (2010 and Later Test Procedure 1048), adopted March 2, 2007'', ``California Exhaust and Evaporative Emission Standards and Test Procedures for New 2007 and Later Off-Road Large Spark-Ignition Engines (Test Procedures 1065 and 1068), adopted March 2, 2007'', [[Page 39435]] ``California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines, as last amended February 24, 2010'', ``California Exhaust Emission Standards and Test Procedures for New 2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition Engines, Part I-B, adopted January 28, 2000 and as last amended October 20, 2005'', ``California Exhaust Emission Standards and Test Procedures for New 1996 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression- Ignition Engines, Part II, adopted May 12, 1993 and as last amended October 20, 2005'', ``California Exhaust Emission Standards and Test Procedures for New 2008 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-C, adopted October 20, 2005'', ``California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines, as last amended June 5, 2009'', ``Procedures for Exemption of Add-On and Modified Parts for Off-Road Categories, as last amended June 5, 2009'', and ``California Exhaust Emissions Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles, and Engines, as last amended August 15, 2007'' after the entry for ``Procedures for Using the California Model for California Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB)''. The additions read as follows: Sec. 52.220a Identification of plan--partial. * * * * * (c) * * * Table 1--EPA-Approved Statutes and State Regulations \1\ -------------------------------------------------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Additional explanation date -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 1 (General Provisions) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1900(b)(11) through (b)(17)........... Definitions................... 11/22/1999 [Insert Federal Register citation], Definitions of ``motorcycle 6/16/2016. engine,'' ``passenger car,'' ``recall,'' ``replacement part,'' ``subgroup,'' and ``reactivity adjustment factor.'' 1900(b)(9) and (b)(22)................ Definitions................... 8/7/2012 [Insert Federal Register citation], Definitions of ``intermediate 6/16/2016. volume manufacturer'' and ``small volume manufacturer.'' 1900(b)(22)........................... Definitions................... 12/31/2012 [Insert Federal Register citation], Definition of ``small volume 6/16/2016. manufacturer.'' * * * * * * * 1956.8(a)(2), (a)(5), (b), and (h).... Exhaust Emissions Standards 11/17/2002 [Insert Federal Register citation], Exhaust emissions standards and Test Procedures--1985 and 6/16/2016. for new 2004 and subsequent Subsequent Model Heavy-Duty model heavy-duty diesel Engines and Vehicles. engines, heavy-duty natural gas-fueled and LPG-fueled engines derived from diesel- cycle engines; crankcase emissions requirements; test procedures. 1956.8(b), (c)(1)(B), (d), and (h)(2) Exhaust Emissions Standards 12/4/2003 [Insert Federal Register citation], Test procedures; exhaust (footnotes J and K). and Test Procedures--1985 and 6/16/2016. emissions standards for new Subsequent Model Heavy-Duty 2005 and subsequent model HD Engines and Vehicles. OC engines. 1956.8(a)(2)(A), (a)(6), and (b)...... Exhaust Emissions Standards 11/15/2006 [Insert Federal Register citation], Heavy-duty diesel engine and Test Procedures--1985 and 6/16/2016. idling requirements; test Subsequent Model Heavy-Duty procedures. Engines and Vehicles. * * * * * * * 1956.8(b), (c)(1)(B), (c)(3), (d), Exhaust Emissions Standards 8/7/2012 [Insert Federal Register citation], Test procedures; exhaust (h)(2), and (h)(5). and Test Procedures--1985 and 6/16/2016. emissions standard for new Subsequent Model Heavy-Duty 2005 and subsequent model HD Engines and Vehicles. OC engines; 1992 and subsequent model diesel engines used in MD low- emissions vehicles. 1956.8(b), (c)(1)(A)(3), (d), and Exhaust Emissions Standards 12/31/2012 [Insert Federal Register citation], Test procedures; exhaust (h)(5). and Test Procedures--1985 and 6/16/2016. emissions standard for new Subsequent Model Heavy-Duty 2005 and subsequent model HD Engines and Vehicles. OC engines; 1992 and subsequent model diesel engines used in MD low- emissions vehicles. 1958(a) (excluding (a)(1)), (b)(1), Exhaust Emissions Standards 11/22/1999 [Insert Federal Register citation], Exhaust emissions standards (b)(2), (f), (g), and (h). and Test Procedures-- 6/16/2016. for HC + NOX and for CO; Motorcycles and Motorcycle different standards Engines Manufactured on or established for different after January 1, 1978. sizes and for different models years; provisions for small volume manufacturers and for early-compliance credits; sunset review. Excluded subsection relates to an exclusion for motorcycles or motorcycle engines where the engine displacement is less than 50 cubic centimeters. [[Page 39436]] * * * * * * * 1960.1(r)............................. Exhaust Emission Standards and 8/7/2012 [Insert Federal Register citation], 4,000-mile Supplement FTP Test Procedures--1981 through 6/16/2016. Emission Standards for LEV, 2006 Model Passenger Cars, ULEV, and SULEV in the PC, Light Duty Trucks, and Medium LDT, and MDVs. Duty Vehicles. 1960.1(r)............................. Exhaust Emission Standards and 12/31/2012 [Insert Federal Register citation], 4,000-mile Supplement FTP Test Procedures--1981 through 6/16/2016. Emission Standards for LEV, 2006 Model Passenger Cars, ULEV, and SULEV in the PC, Light Duty Trucks, and Medium LDT, and MDVs. Duty Vehicles. 1961, including Introduction, (a)(4), Exhaust Emission Standards and 12/4/2003 [Insert Federal Register citation], 50 [deg]F Exhaust emissions (a)(8), (a)(12), (a)(15); (b)(3)(B), Test Procedures--2004 and 6/16/2016. standards, requirements for (b)(3)(C), (b)(3)(D), (b)(3)(E); (d); Subsequent Model Passenger vehicles certified to the and (e). Cars, Light-Duty Trucks, and optional 150,000 mile Medium-Duty Vehicles. standards, NMOG credit provisions, fuel-fired heater provisions, phase-in requirements for MDV manufacturers; test procedures. 1961(d)............................... Exhaust Emission Standards and 2/17/2007 [Insert Federal Register citation], Test procedures. Test Procedures--2004 and 6/16/2016. Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles. * * * * * * * 1961, including Introduction, (a)(1), Exhaust Emission Standards and 8/7/2012 [Insert Federal Register citation], ``LEV III'' exhaust emission (a)(3), (a)(4), (a)(5), (a)(7), Test Procedures--2004 through 6/16/2016. standards for 2004 through (a)(8)(B), (a)(14)(A); (b)(1)(A), 2019 Model Passenger Cars, 2019 model PC, LDT, and MDV; (b)(1)(B)(1.)(c.), (b)(1)(B)(3.), Light-Duty Trucks, and Medium- test procedures. (b)(1)(C)(1.), (b)(1)(D), (b)(3)(A), Duty Vehicles. (b)(3)(B), (b)(3)(C), (b)(3)(E); (c)(1), (c)(2)(A), (c)(3)(A), (d). 1961, including Introduction, (a)(1), Exhaust Emission Standards and 12/31/2012 [Insert Federal Register citation], ``LEV III'' exhaust emission (b)(1)(A), (d). Test Procedures--2004 through 6/16/2016. standards for 2004 through 2019 Model Passenger Cars, 2019 model PC, LDT, and MDV; Light-Duty Trucks, and Medium- test procedures. Duty Vehicles. 1961.2................................ Exhaust Emission Standards and 8/7/2012 [Insert Federal Register citation], ``LEV III'' exhaust emission Test Procedures--2015 and 6/16/2016. standards for 2015 and Subsequent Model Passenger subsequent model year PC, Cars, Light-Duty Trucks, and LDT, and MDV. Medium-Duty Vehicles. 1961.2, including Introduction, Exhaust Emission Standards and 12/31/2012 [Insert Federal Register citation], ``LEV III'' exhaust emission (a)(1), (a)(2)(A), (a)(2)(D), Test Procedures--2015 and 6/16/2016. standards for 2015 and (a)(7)(A), (a)(7)(A)(2.) (through Subsequent Model Passenger subsequent model year PC, equation 2), (A)(9), (b)(1)(A), Cars, Light-Duty Trucks, and LDT, and MDV. (b)(1)(A)(2.), (b)(1)(D), (b)(4)(A), Medium-Duty Vehicles. (c)(1)(B), (c)(3)(B), and (d). 1962.1................................ Zero-Emission Vehicle 8/7/2012 [Insert Federal Register citation], ZEV standards, percentage ZEV Standards for 2009 through 6/16/2016. requirements, PZEV 2017 Model Year Passenger provisions, qualification Cars, Light-Duty Trucks, and for ZEV multipliers and Medium-Duty Vehicles. credits, generation and use of credits, calculation of penalties, test procedures. 1962.1(b)(2)(D)(1) and (2), (c)(3)(A), Zero-Emission Vehicle 12/31/2012 [Insert Federal Register citation], ZEV requirements for large and (h)(1). Standards for 2009 through 6/16/2016. volume manufacturers in 2017 Model Year Passenger model years 2012 through Cars, Light-Duty Trucks, and 2017 and PZEV allowances; Medium-Duty Vehicles. test procedures, ZEV- specific definitions. 1962.2, excluding (g)(6)(C)........... Zero-Emission Vehicle 8/7/2012 [Insert Federal Register citation], ZEV standards, percentage ZEV Standards for 2018 and 6/16/2016. requirements, TZEV Subsequent Model Year provisions, qualification of Passenger Cars, Light-Duty ZEV credits, generation and Trucks, and Medium-Duty use of credits, test Vehicles. procedures, ZEV-specific definitions; excluded provision relates to GHG-ZEV over compliance credits. 1962.2(c)(2)(B), (c)(3)(A), Zero-Emission Vehicle 12/31/2012 [Insert Federal Register citation], Certain ZEV requirements in (c)(3)(A)(1.), (h)(1). Standards for 2018 and 6/16/2016. model years 2018 and Subsequent Model Year subsequent model years Passenger Cars, Light-Duty including evaporative Trucks, and Medium-Duty emission standards for Vehicles. TZEVs, TZEV allowances, and test procedures. 1962.3................................ Electric Vehicle Charging 8/7/2012 [Insert Federal Register citation], Applicability, definitions, Requirements. 6/16/2016. requirements, alternatives. 1965.................................. Emission Control and Smog 11/22/1999 [Insert Federal Register citation], Emission control label Index Labels--1979 and 6/16/2016. requirements. Subsequent Model-Year Motor Vehicles. 1965.................................. Emission Control and Smog 12/04/2003 [Insert Federal Register citation], Emission control label Index Labels--1979 and 6/16/2016. requirements. Subsequent Model-Year Motor Vehicles. 1965.................................. Emission Control, Smog Index, 8/7/2012 [Insert Federal Register citation], Emission control label and Environmental Performance 6/16/2016. requirements. Labels--1979 and Subsequent Model-Year Motor Vehicles. [[Page 39437]] 1971.1................................ On-Board Diagnostic System 6/17/2010 [Insert Federal Register citation], Establishes emission Requirements--2010 and 6/16/2016. standards and other Subsequent Model-Year Heavy- requirements for OBD systems Duty Engines. that monitor emission systems in-use for the actual life of the engine and detect malfunctions of the monitored emissions systems, illuminating a malfunction indicator light to notify the vehicle operator of detected malfunctions, and storing fault codes identifying the detected malfunctions. 1971.5................................ Enforcement of Malfunction and 6/17/2010 [Insert Federal Register citation], Establishes enforcement Diagnostic System 6/16/2016. protocol for use by CARB to Requirements for 2010 and assure the engines certified Subsequent Model-Year Heavy- for sale in California are Duty Engines. equipped with OBD systems that properly function and meet the applicable regulatory requirements. 1976(c)............................... Standards and Test Procedures 2/17/2007 [Insert Federal Register citation], Test procedures. for Motor Vehicle Fuel 6/16/2016. Evaporative Emissions. 1976(b)(1), (c), (f)(3) and (f)(4).... Standards and Test Procedures 8/7/2012 [Insert Federal Register citation], Fuel evaporative emission for Motor Vehicle Fuel 6/16/2016. standards; test procedures; Evaporative Emissions. definitions. 1976(b)(1), (b)(1)(G)(3), (c)......... Standards and Test Procedures 12/31/2012 [Insert Federal Register citation], Fuel evaporative emission for Motor Vehicle Fuel 6/16/2016. standards; test procedures; Evaporative Emissions. definitions. 1978(a)(1), (b)....................... Standards and Test Procedures 12/4/2003 [Insert Federal Register citation], Standards for vehicle for Vehicle Refueling 6/16/2016. refueling for 1998 and Emissions. subsequent model passenger cars, LDT, and MDV less than 8,501 pounds. 1978(b)............................... Standards and Test Procedures 2/17/2007 [Insert Federal Register citation], Test procedures. for Vehicle Refueling 6/16/2016. Emissions. 1978.................................. Standards and Test Procedures 8/7/2012 [Insert Federal Register citation], Refueling emissions standards for Vehicle Refueling 6/16/2016. for 1998 and subsequent Emissions. model gasoline-fueled, alcohol-fueled, diesel- fueled, LPG-fueled, fuel- flexible and hybrid electric PC, LDT, and MDV up to 8,501 pounds, and similarly-fueled 2015 and subsequent year MDV from 8,501 pounds to 14,000 pounds. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 6 (Emission Control Warranty System) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2037(g)............................... Defects Warranty Requirements 8/7/2012 [Insert Federal Register citation], Reporting requirements. for 1990 and Subsequent Model 6/16/2016. Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles, and Motor Vehicle Engines Used in Such Vehicles. 2038(c)(3)............................ Performance Warranty 8/7/2012 [Insert Federal Register citation], Reporting requirements. Requirements for 1990 and 6/16/2016. Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, and Motor Vehicle Engines Used in Such Vehicles. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 1 (Assembly-Line Testing) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2062.................................. Assembly-Line Procedures--1998 8/7/2012 [Insert Federal Register citation], Assembly-line test and Subsequent Model Years. 6/16/2016. procedures. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.1 (Procedures for In-Use Vehicle Voluntary and Influenced Recalls) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2111(a)(1)............................ Applicability................. 8/15/2007 [Insert Federal Register citation], Procedures apply to 6/16/2016. California-certified 1982 and subsequent model-year passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles, motorcycles, and 1997 and subsequent model- year off-road motorcycles and all-terrain vehicles, and 2007 and subsequent model-year off-road sport vehicles, off-road utility vehicles, and sand cars. [[Page 39438]] 2111(a)(4)............................ Applicability................. 8/16/2009 [Insert Federal Register citation], Procedures apply to certain 6/16/2016. California-certified 2008 model year spark-ignition sterndrive/inboard marine engines with maximum rated power less than or equal to 373 kilowatts, and all California-certified 2009 and subsequent model-year spark-ignition sterndrive/ inboard marine engines. 2112(l)(12)........................... Definitions................... 8/15/2007 [Insert Federal Register citation], Definition of ``useful life'' 6/16/2016. for 1997 and subsequent model year off-road motorcycles, all-terrain vehicles, and for 2007 and subsequent model year off- road sport vehicles, off- road utility vehicles, sand cars, and engines used in such vehicles. 2112(l)(20), (l)(23).................. Definitions................... 8/16/2009 [Insert Federal Register citation], Definition of ``useful life'' 6/16/2016. for certain types of vehicles. 2112(b), (l)(9), (l)(18).............. Definitions................... 8/7/2012 [Insert Federal Register citation], Definition of ``correlation 6/16/2016. factor,'' and definition of ``useful life'' for certain types of vehicles. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.3 (In-Use Vehicle Enforcement Test Procedures) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2139(h)............................... Testing....................... 8/16/2009 [Insert Federal Register citation], Specifies in-use compliance 6/16/2016. tests for spark-ignition sterndrive/inboard marine engines. 2139(a), (b), (c)(2).................. Testing....................... 8/7/2012 [Insert Federal Register citation], Specifies in-use vehicle 6/16/2016. emission tests by CARB after vehicles have been accepted and restorative maintenance, if any, has been performed. 2140(b)............................... Notification and Use of Test 8/7/2012 [Insert Federal Register citation], Notification and use Results. 6/16/2016. requirements once the in-use emission tests have been completed. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.4 (Procedures for Reporting Failures of Emission-Related Components) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2145(b)(3)............................ Field Information Report...... 8/7/2012 [Insert Federal Register citation], Reporting requirements. 6/16/2016. 2147(b)............................... Demonstration of Compliance 8/16/2009 [Insert Federal Register citation], Applies the requirements to with Emissions Standards. 6/16/2016. sterndrive/inboard marine engines. 2147(b)(3)............................ Demonstration of Compliance 8/7/2012 [Insert Federal Register citation], Testing requirements and with Emissions Standards. 6/16/2016. selection of deterioration factors. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 4.4 (Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2235.................................. Requirements.................. 8/7/2012 [Insert Federal Register citation], Requirements for 1977 and 6/16/2016. subsequent model gasoline- fueled motor vehicles with respect to fill pipes and openings. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 5.1 (Standards for Fuels for Nonvehicular Sources) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2299.3................................ Airborne Toxic Control Measure 1/2/2009 [Insert Federal Register citation], Requires that any person who for Auxiliary Diesel Engines 6/16/2016. owns, operates, container Operated on Ocean-Going vessel, passenger vessel, or Vessels At-Berth in a refrigerated cargo vessel California Port. that visits a California port comply with section 93118.3 relating to the operation of auxiliary diesel engines on OGV at- berth in a California port. Also applies to any person who owns or operates a port or terminal located at a California port where container, passenger or refrigerated cargo vessels visit. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 1 (Small Off- Road Engines) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2401(a)(13), (36), (41) , (51), (52).. Definitions................... 5/5/2010 [Insert Federal Register citation], Definitions for ``eight-hour 6/16/2016. workday,'' ``professional level,'' ``standard battery package,'' ``zero-emission equipment credits,'' and ``zero-emission equipment engine family.'' [[Page 39439]] 2403(b)(2), (b)(3), (b)(4), (d), Exhaust Emission Standards and 5/5/2010 [Insert Federal Register citation], Low-emitting blue sky series (e)(1). Test Procedures--Small Off- 6/16/2016. engine requirements, Road Engines. evaporative emission requirements, test procedures. 2404(a)............................... Emission Control Labels and 11/15/2006 [Insert Federal Register citation], The requirements in section Consumer Information--1995 6/16/2016. 2404 recognize the certain and Later Small Off-Road emission-critical or Engines. emission-related parts must be properly identified and maintained in order for engines to meet the applicable emissions standards and that information regarding engines' emissions levels may influence consumer choice. 2404(m)(1), (m)(2), (m)(3)............ Emission Control Labels and 5/5/2010 [Insert Federal Register citation], Zero-emission equipment label Consumer Information--1995 6/16/2016. content and placement and Later Small Off-Road requirements. Engines. 2405(b)(1), (b)(2), (h)(1), (h)(2).... Defects Warranty Requirements 5/5/2010 [Insert Federal Register citation], Zero-emission equipment for 1995 and Later Small Off- 6/16/2016. warranty requirements. Road Engines. 2406(b)(1), (b)(2).................... Emission Control System 5/5/2010 [Insert Federal Register citation], Warranty contact requirement. Warranty Statement. 6/16/2016. 2408(b)(2), (d)(4), (f)(1), (f)(3), Emission Reduction Credits-- 5/5/2010 [Insert Federal Register citation], Limits on use of (f)(4), (f)(5), (g)(1)(E), (i)(3), Certification Averaging, 6/16/2016. certification emission (i)(7). Banking, and Trading credits, certain reporting Provisions. requirements. 2408.1................................ Emission Reduction Credits-- 5/5/2010 [Insert Federal Register citation], Applicability; general Zero-Emission Equipment 6/16/2016. provisions; averaging, Credits Averaging, Banking, banking, and trading and Trading Provisions. provisions; credit calculation and compliance provisions; use of zero- emission equipment credit; recordkeeping and reporting. 2409(a), (b)(1), (b)(2), (b)(5), Emission Reduction Credits-- 5/5/2010 [Insert Federal Register citation], Applicability; general (b)(6), (d)(3). Production Credit Program for 6/16/2016. provisions; certain banking New Engines. provisions. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 3 (Off-Highway Recreational Vehicles and Engines) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2411(a)(1), (a)(13), (a)(17), (a)(18), Definitions................... 8/15/2007 [Insert Federal Register citation], Definitions for ``all-terrain (a)(19). 6/16/2016. vehicle,'' off-highway recreational vehicle engines,'' ``off-road sport vehicle,'' ``off-road utility vehicle,'' ``sand car.'' 2412.................................. Emission Standards and Test 8/15/2007 [Insert Federal Register citation], Exhaust and evaporative Procedures--New Off-Highway 6/16/2016. emissions standards for off- Recreational Vehicles and highway recreational Engines. vehicles and engines used in such vehicles produced on or after January 1, 1997 that are sold, leased, used, or introduced into commerce in California; test procedures. 2413.................................. Emission Control Labels--New 8/15/2007 [Insert Federal Register citation], Provisions related to Off-Highway Recreational 6/16/2016. applicability, and label Vehicles. content and location. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4 (Off-Road Compression-Ignition Engines and Equipment) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2420.................................. Applicability................. 1/6/2006 [Insert Federal Register citation], Applies to new heavy-duty off- 6/16/2016. road CI engines produced on or after January 1, 1996 and all other new 2000 model year and later off-road CI engines, except those covered by the preemption provisions in CAA section 209(e)(1). Certification required for new engines subject to 13 CCR chapter 9, article 4. 2421.................................. Definitions................... 1/6/2006 [Insert Federal Register citation], Defined terms in addition to 6/16/2016. hose in 13 CCR Sec. 1900(b). 2423.................................. Exhaust Emission Standards and 1/6/2006 [Insert Federal Register citation], Exhaust emissions standards Test Procedures--Off-Road 6/16/2016. (tiers 1, 2, 3 and 4), upper Compression-Ignition Engines. limits for family emission limits (tiers 1, 2, 3 and 4), low-emitting blue sky series engine requirements, crankcase emissions provisions, early certification provisions, prohibition on defeat devices, test procedures, recordkeeping and compliance calculations, economic hardship provisions, allowance for production of engines, labeling requirements, [[Page 39440]] 2424.................................. Emission Control Labels--1996 1/6/2006 [Insert Federal Register citation], Requirements on manufacturers and Later Off-Road 6/16/2016. to affix a label on each Compression-Ignition Engines. production engine (or equipment) to provide the engine or equipment owner and service mechanic with information necessary for the proper maintenance of these parts in customer use. 2424(a)............................... Emission Control Labels--1996 11/15/2006 [Insert Federal Register citation], The requirements of section and Later Off-Road 6/16/2016. 2424 recognize that certain Compression-Ignition Engines. emissions-critical or emissions-related parts must be properly identified and maintained in order for engines to meet the applicable emissions standards. 2425.................................. Defects Warranty Requirements 1/6/2006 [Insert Federal Register citation], Applies to new 1996-1999 for 1996 and Later Off-Road 6/16/2016. model year heavy-duty off- Compression-Ignition Engines. road CI engines and new 2000 and later model year CI engines. 2425(e)............................... Defects Warranty Requirements 11/15/2006 [Insert Federal Register citation], Requirement on manufacturers for 1996 and Later Off-Road 6/16/2016. to furnish with each new Compression-Ignition Engines. engine written instructions for the maintenance and use of the engine by the owner. 2425.1................................ Defect Investigation and 1/6/2006 [Insert Federal Register citation], Applicability, general Reporting Requirements. 6/16/2016. provisions, and investigation and reporting procedures. 2426.................................. Emission Control System 1/6/2006 [Insert Federal Register citation], Requires manufacturers to Warranty Statement. 6/16/2016. furnish a specific warranty statements with each 1996- 1999 heavy-duty off-road CI engine. 2427.................................. Production Engine Testing, 1/6/2006 [Insert Federal Register citation], Compliance test procedures, Selection, Evaluation, and 6/16/2016. quality-audit test Enforcement Action. procedures, selective enforcement audit requirements. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.5 (Off-Road Large Spark-Ignition Engines) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2430.................................. Applicability................. 5/12/2007 [Insert Federal Register citation], Applies to LSI off-road 6/16/2016. engines 25 horsepower or greater after 1/1/2001 and all equipment and vehicles after 1/1/2001 that use such engines. On 1/1/2007, applicability remains the same but is defined in terms of kW (i.e., 19 kW and above). 2431(a), (a)(19), (a)(28)............. Definitions................... 5/12/2007 [Insert Federal Register citation], Definitions of ``Family 6/16/2016. Emission Level or FEL'' and ``Off-Road Large Spark- Ignition Engines'' or ``LSI Engines.'' 2433.................................. Emission Standards and Test 5/12/2007 [Insert Federal Register citation], New off-road LSI exhaust, Procedures--Off-Road Large 6/16/2016. crankcase, and evaporative Spark Ignition Engines. emission standards and test procedures. 2434(c)............................... Emission Control Labels--2001 5/12/2007 [Insert Federal Register citation], Label content and location and Later Off-Road Large 6/16/2016. requirements. Spark-Ignition Engines. 2438(e)(7)............................ In-Use Compliance Program..... 5/12/2007 [Insert Federal Register citation], Credit calculation. 6/16/2016. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.7 (Spark- Ignition Marine Engines) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2440(a)(3)............................ Applicability................. 8/16/2009 [Insert Federal Register citation], Exemption for spark-ignition 6/16/2016. sterndrive/inboard marine engines used solely for competition. 2442(a)(1), (a)(2), (b), (c), (d), Emissions Standards........... 8/16/2009 [Insert Federal Register citation], Model year 2001 and later (e), (f), (g), (h). 6/16/2016. model year spark-ignition personal watercraft and outboard marine engines; model year 2003 and later model year spark-ignition sterndrive/inboard marine engines; Not-to-Exceed (NTE) limits; voluntary standards; new replacement engine requirements for manufacturers; test equipment and test procedures. 2443.1(b)(1), (c)(2)(B), (c)(4)(B), Emission Control Labels--Model 8/16/2009 [Insert Federal Register citation], Requirements related to (c)(4)(D), (c)(4)(G), (c)(4)(H), Year 2001 and Later Spark- 6/16/2016. emission control labels. (d)(4)(B). Ignition Marine Engines. 2443.2(b)(1), (c)(1), (c)(2), (e)..... Consumer/Environmental Label 8/16/2009 [Insert Federal Register citation], Label requirements for Requirements. 6/16/2016. certified model year 2001 and later spark-ignition personal watercraft and outboard marine engines and certified model year 2003 and later spark-ignition sterndrive/inboard engines. [[Page 39441]] 2444.1(a), (b)(3)(B), (b)(3)(E), In-Use Compliance Testing and 8/16/2009 [Insert Federal Register citation], Recordkeeping and reporting (b)(3)(G), (e)(4)(A)(1. Through 10.), Recall Regulations--Model 6/16/2016. requirements. (e)(4)(B), (e)(4)(C)(1., 2., and 3.). Year 2001 and Later Spark- Ignition Marine Engines. 2444.2................................ On-Board Engine Malfunction 8/16/2009 [Insert Federal Register citation], General requirements; Detection System 6/16/2016. monitoring requirements; Requirements--Model Year 2007 additional audio/visual and Later Spark-Ignition alert device activation and Sterndrive/Inboard Marine diagnostic trouble code Engines. storage protocol; tampering protection; certification documentation; testing, standardization, and implementation schedule. 2445.1(a), (c)(1), (c)(2), (c)(3), Defects Warranty Requirements 8/16/2009 [Insert Federal Register citation], Warranty requirements. (e)(10), (e)(11), (g)(2)(A). for Model Year 2001 and Later 6/16/2016. Spark-Ignition Marine Engines. 2445.2(a)............................. Emission Control Warranty 8/16/2009 [Insert Federal Register citation], Emission control warranty Statements. 6/16/2016. statement requirements. 2446(a), (b)(4)(B), (c)(1)(A), 2001 and Later Model Year 8/16/2009 [Insert Federal Register citation], Applicability provision; (c)(1)(B), (c)(2)(A), (c)(3)(D), Production-Line Test 6/16/2016. certain quality-audit line (c)(3)(E), (d)(3)(D), (d)(5), (e). Procedures and Selective test procedures for 2001 and Enforcement Auditing later model years; test Regulations for Spark- procedures; selective Ignition Marine Engines. enforcement auditing regulations. 2447.................................. California Exhaust Emission 8/16/2009 [Insert Federal Register citation], Certain test procedures are Standards and Test Procedures 6/16/2016. incorporated by reference. for 2001 Model Year and Later Spark-Ignition Marine Engines. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.8 (In-Use Off-Road Diesel-Fueled Fleets) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2449, excluding (d)(2)................ General Requirements for In- 12/14/2011 [Insert Federal Register citation], Applicability, definitions, Use Off-Road Diesel-Fueled 6/16/2016. performance requirements Fleets. (different requirements apply to large, medium and small fleets), compliance date extension provision, labeling requirements, reporting and recordkeeping requirements. Excluded subsection relates to idling limits. 2449.1................................ Performance Requirements...... 12/14/2011 [Insert Federal Register citation], Establishes fleet average 6/16/2016. requirements and compliance dates, BACT provisions, credit provisions. 2449.2, excluding (f)(4).............. Surplus Off-Road Opt-In for 12/14/2011 [Insert Federal Register citation], Purpose is to achieve NOX (SOON) Program. 6/16/2016. additional reductions of NOX from in-use off-road diesel- fueled vehicles beyond those achieved through implementation of the requirements in 13 CCR Sec. Sec. 2449 and 2449.1. Applicability, definitions, requirements, SOON targets, local air district opt-in provisions. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 5 (Portable Engine and Equipment Registration) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2451.................................. Applicability................. 09/12/2007 [Insert Federal Register citation], Voluntary registration 6/16/2016. program for owners or portable engines or equipment units, with certain exceptions. If not registered under this program, the engine or equipment units shall be subject to district permitting requirements pursuant to district regulations. 2452.................................. Definitions................... 09/12/2007 [Insert Federal Register citation], Definitions that apply to the 6/16/2016. portable engine and equipment registration regulations. 2453.................................. Application Process........... 09/12/2007 [Insert Federal Register citation], To be considered for 6/16/2016. registration, portable engines or equipment units must meet the requirements in article 5, including the application-related requirements in this section. 2455, excluding (a) and (b)........... General Requirements.......... 09/12/2007 [Insert Federal Register citation], Provisions related to 6/16/2016. operation of portable engines and equipment units during emergency events; PSD notification requirements if the registered equipment unit operates at a major stationary source. Excluded subsections relate to attainment or maintenance of ambient air quality standards, nuisance, and opacity. [[Page 39442]] 2456, excluding (a), (d)(3), (d)(5), Engine Requirements........... 09/12/2007 [Insert Federal Register citation], Various requirements and (d)(6). 6/16/2016. specified for different categories of engines. Excluded subsections relate to opacity limits, fuel specifications, and daily and annual mass (per engine) limits. 2458.................................. Recordkeeping and Reporting... 09/12/2007 [Insert Federal Register citation], Recordkeeping and reporting 6/16/2016. requirements for owners of registered portable engines and equipment units. 2459.................................. Notification.................. 09/12/2007 [Insert Federal Register citation], In most instances, if a 6/16/2016. registered equipment unit will be at a location for more than five days, the owner or operator of that equipment must notify the district in writing. 2460.................................. Inspections and Testing....... 09/12/2007 [Insert Federal Register citation], Authorization for CARB to 6/16/2016. conduct testing both before and after registration in the program. Districts must inspect all register engines and equipment units for which the district has been designated as the home district. Test methods are specified. 2461.................................. Fees.......................... 09/12/2007 [Insert Federal Register citation], Provisions establishing fees 6/16/2016. for registration, renewal, and associated administrative tasks. 2462.................................. Duration of Registration...... 09/12/2007 [Insert Federal Register citation], Registrations and renewal are 6/16/2016. generally valid for three years from the date of issuance. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 7 (Certification Procedures for Aftermarket Parts for Off-Road Vehicles, Engines, Equipment) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2474(e), (i)(1)....................... Add-On Parts and Modified 08/16/2009 [Insert Federal Register citation], Incorporation of procedures Parts. 6/16/2016. for exemptions of add-on and modified parts for off-road categories. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 8 (Off-Road Airborne Toxic Control Measures) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2477.................................. Airborne Toxic Control Measure 3/7/2011 [Insert Federal Register citation], Regulation applies, with for In-Use Diesel-Fueled 6/16/2016. certain exceptions, to Transport Refrigeration Units owners and operators of (TRU) and TRU Generator Sets, diesel fueled TRUs and TRU and Facilities Where TRUs generator sets used to power Operate. electrically drive refrigerated shipping containers and trailers that are operated in California; definitions; in-use performance standards; in- use compliance dates; monitoring, recordkeeping and reporting requirements; prohibitions; penalties. 2479, excluding (e)(2) and (e)(4)..... Regulation for Mobile Cargo 12/31/2006 [Insert Federal Register citation], Applies to any person who Handling Equipment at Ports 6/16/2016. conducts business in and Intermodal Rail Yards. California who sells, offers for sale, leases, rents, purchases, owns or operates any CI mobile cargo handling equipment that operates at any California port or intermodal rail yard. Includes exemptions, definitions, performance standards for newly purchased leased or rented yard trucks and non-yard truck cargo handling equipment, provisions for compliance extensions and alternative compliance plans, recordkeeping and reporting requirements, test methods. Excluded subsections relate to in-use performance standards for yard trucks, and fuel requirements. 2479(a), (b), (c), (d), (e)(1), Regulation for Mobile Cargo 10/14/2012 [Insert Federal Register citation], Amendments to exemptions, (e)(3), (e)(5), (f)(1), (f)(2), Handling Equipment at Ports 6/16/2016. definitions, performance (f)(3), (f)(6), (h)(1), (i), (j)(1), and Intermodal Rail Yards. standards for newly (j)(2), (j)(3), (k), (l), (m), (n), purchased leased or rented (o), (p), (q), (r). equipment and in-use performance standards for non-yard truck mobile CHE, provisions for compliance extensions and alternative compliance plans, recordkeeping and reporting requirements, test methods. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 39443]] Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 10 (Mobile Source Operational Controls), Article 1 (Motor Vehicles) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2485, excluding (c)(1)(A), (c)(1)(B), Airborne Toxic Control Measure 11/15/2006 [Insert Federal Register citation], Establishes requirements to (c)(3)(B). to Limit Diesel-Fueled 6/16/2016. reduce emissions from idling Commercial Motor Vehicle of diesel-fueled commercial Idling. motor vehicles that operate in California with gross vehicle weight ratings greater than 10,000 pounds; exceptions; enforcement and penalty provisions; definitions. Excluded subsections relate to idling restrictions on drivers and a fuel-fired heater provision. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and Engines Pollution Control Requirements), Article 2 (Large Spark Ignition (LSI) Engines Fleet Requirements) -------------------------------------------------------------------------------------------------------------------------------------------------------- 2775.................................. Applicability................. 5/12/2007 [Insert Federal Register citation], Applies to operators of 6/16/2016. certain off-road LSI engine forklifts, sweepers/ scrubbers, industrial tow tractors or airport ground support equipment operated within the State of California. Exemptions provided for small fleets and certain other equipment. Includes definitions. 2775.1................................ Standards..................... 5/12/2007 [Insert Federal Register citation], Establishes fleet average 6/16/2016. emission level standards with certain exceptions. 2775.2................................ Compliance Requirements for 5/12/2007 [Insert Federal Register citation], Compliance and recordkeeping Fleet Operators. 6/16/2016. requirements, provisions for extensions in compliance dates. * * * * * * * 93116................................. Purpose....................... 3/11/2005 [Insert Federal Register citation], Purpose is to reduce diesel 6/16/2016. particulate matter emissions from portable diesel-fueled engines having a rated brake horsepower of 50 and greater. 93116.1............................... Applicability................. 3/11/2005 [Insert Federal Register citation], Applies to all portable 6/16/2016. engines having a maximum rated horse horsepower of 50 bhp and greater and fueled with diesel unless exempted under (b). 93116.2............................... Definitions................... 3/11/2005 [Insert Federal Register citation], Defines specific terms used 6/16/2016. in the regulation. 93116.3, excluding (a)................ Requirements.................. 3/11/2005 [Insert Federal Register citation], Diesel PM standards for in- 6/16/2016. use portable diesel-fueled engines; different requirements apply to such engines not permitted or registered prior to January 1, 2006; fleet requirements (for subject engines operated in California), fleet average calculation provisions. Excluded subsection relates to fuel requirements. 93116.4............................... Fleet Recordkeeping and 3/11/2005 [Insert Federal Register citation], Fleet recordkeeping and Reporting Requirements. 6/16/2016. reporting requirements. 93116.5............................... Enforcement of Fleet 3/11/2005 [Insert Federal Register citation], Authority to review and seek Requirements. 6/16/2016. enforcement action for violation of the fleet emission standard. 93118.3............................... Airborne Toxic Control Measure 1/2/2009 [Insert Federal Register citation], Applicability, exemptions, for Auxiliary Diesel Engines 6/16/2016. definitions, vessel in-use Operated on Ocean-Going operational requirements, Vessels At-Berth in a calculation procedures for California Port. certain options, terminal plan requirements, reporting and recordkeeping requirements. 93118.5, excluding (e)(1)............. Airborne Toxic Control Measure 11/19/2008 [Insert Federal Register citation], Applicability, exemptions, for Commercial Harbor Craft. 6/16/2016. definitions, engine emission requirements, alternative control provisions, recordkeeping and reporting requirements, test methods. Excluded subsection relates to the low sulfur fuel use requirement. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that are cited in certain regulations listed in Table 1. Approved California statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e). [[Page 39444]] Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications ---------------------------------------------------------------------------------------------------------------- State Title/subject effective date EPA approval date Additional explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * California Exhaust Emission Standards 12/4/2003 [Insert Federal Register Submitted by CARB on and Test Procedures for 2001 and citation], 6/16/2016. August 14, 2015. Subsequent Model Passenger Cars, Light- Duty Trucks and Medium-Duty Vehicles, as last amended September 5, 2003. California Motor Vehicle Emission 12/4/2003 [Insert Federal Register Submitted by CARB on Control and Smog Index Label citation], 6/16/2016. August 14, 2015.\ Specifications for 1978 through 2003 Model Year Motorcycles, Light-, Medium- and Heavy-Duty Engines and Vehicles,'' as last amended September 5, 2003. California Smog Index Label 12/4/2003 [Insert Federal Register Submitted by CARB on Specifications for 2004 and Subsequent citation], 6/16/2016. August 14, 2015. Model Passenger Cars and Light-Duty Trucks,'' adopted September 5, 2003. California Refueling Emission Standards 12/4/2003 [Insert Federal Register Submitted by CARB on and Test Procedures for 2001 and citation], 6/16/2016. August 14, 2015. Subsequent Model Motor Vehicles, as last amended September 5, 2003. California Evaporative Emission 2/17/2007 [Insert Federal Register Submitted by CARB on Standards and Test Procedures for 2001 citation], 6/16/2016. August 14, 2015. and Subsequent Model Motor Vehicles, as amended June 22, 2006. California Refueling Emission Standards 2/17/2007 [Insert Federal Register Submitted by CARB on and Test Procedures for 2001 and citation], 6/16/2016. August 14, 2015. Subsequent Model Motor Vehicles, as last amended June 22, 2006. California Exhaust Emission Standards 2/17/2007 [Insert Federal Register Submitted by CARB on Test Procedures for 2001 and Subsequent citation], 6/16/2016. August 14, 2015. Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended June 22, 2006. California Exhaust Emission Standards 8/7/2012 [Insert Federal Register Submitted by CARB on and Test Procedures for 2004 and citation], 6/16/2016. August 14, 2015. Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended March 22, 2012. California Exhaust Emission Standards 8/7/2012 [Insert Federal Register Submitted by CARB on and Test Procedures for 2004 and citation], 6/16/2016. August 14, 2015. Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended March 22, 2012. California Non-Methane Organic Gas Test 8/7/2012 [Insert Federal Register Submitted by CARB on Procedures, as last amended March 22, citation], 6/16/2016. August 14, 2015. 2012. California 2001 through 2014 Model 8/7/2012 [Insert Federal Register Submitted by CARB on Criteria Pollutant Exhaust Emission citation], 6/16/2016. August 14, 2015. Standards and Test Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light- Duty Trucks, and Medium-Duty Vehicles, as last amended March 22, 2012, excluding GHG-related provisions. California Environmental Performance 8/7/2012 [Insert Federal Register Submitted by CARB on Label Specifications for 2009 and citation], 6/16/2016. August 14, 2015. Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles, as last amended March 22, 2012. California Evaporative Emission 8/7/2012 [Insert Federal Register Submitted by CARB on Standards and Test Procedures for 2001 citation], 6/16/2016. August 14, 2015. and Subsequent Model Motor Vehicles, as last amended March 22, 2012. California Refueling Emission Standards 8/7/2012 [Insert Federal Register Submitted by CARB on and Test Procedures for 2001 and citation], 6/16/2016. August 14, 2015. Subsequent Model Motor Vehicles, as last amended March 22, 2012. Specifications for Fill Pipes and 8/7/2012 [Insert Federal Register Submitted by CARB on Openings of 1977 through 2014 Model citation], 6/16/2016. August 14, 2015. Motor Vehicle Fuel Tanks, as last amended March 22, 2012. Specifications for Fill Pipes and 8/7/2012 [Insert Federal Register Submitted by CARB on Openings of 2015 and Subsequent Model citation], 6/16/2016. August 14, 2015. Motor Vehicle Fuel Tanks, adopted March 22, 2012. California 2015 and Subsequent Model 8/7/2012 [Insert Federal Register Submitted by CARB on Criteria Pollutant Exhaust Emission citation], 6/16/2016. August 14, 2015. Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light- Duty Trucks, and Medium-Duty Vehicles, adopted March 22, 2012, excluding GHG- related provisions. California Exhaust Emission Standards 8/7/2012 [Insert Federal Register Submitted by CARB on and Test Procedures for 2009 through citation], 6/16/2016. August 14, 2015. 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended March 22, 2012, excluding GHG- related provisions. [[Page 39445]] California Exhaust Emission Standards 8/7/2012 [Insert Federal Register Submitted by CARB on and Test Procedures for 2018 and citation], 6/16/2016. August 14, 2015. Subsequent Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted March 22, 2012, excluding GHG-related provisions. California 2015 and Subsequent Model 12/31/2012 [Insert Federal Register Submitted by CARB on Criteria Pollutant Exhaust Emission citation], 6/16/2016. August 14, 2015. Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light- Duty Trucks, and Medium-Duty Vehicles, as last amended December 6, 2012, excluding GHG-related provisions. California 2001 through 2014 Model 12/31/2012 [Insert Federal Register Submitted by CARB on Criteria Pollutant Exhaust Emission citation], 6/16/2016. August 14, 2015. Standards and Test Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission standards and Test Procedures for Passenger Cars, Light- Duty Trucks, and Medium-Duty Vehicles, as last amended December 6, 2012, excluding GHG-related provisions. California Non-Methane Organic Gas Test 12/31/2012 [Insert Federal Register Submitted by CARB on Procedures, as last amended December 6, citation], 6/16/2016. August 14, 2015. 2012. California Evaporative Emission 12/31/2012 [Insert Federal Register Submitted by CARB on Standards and Test Procedures for 2001 citation], 6/16/2016. August 14, 2015. and Subsequent Model Motor Vehicles, as last amended December 6, 2012. California Exhaust Emission Standards 12/31/2012 [Insert Federal Register Submitted by CARB on and Test Procedures for 2004 and citation], 6/16/2016. August 14, 2015. Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended December 6, 2012. California Exhaust Emission Standards 12/31/2012 [Insert Federal Register Submitted by CARB on and Test Procedures for 2004 and citation], 6/16/2016. August 14, 2015. Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended December 6, 2012. California Exhaust Emission Standards 12/31/2012 [Insert Federal Register Submitted by CARB on and Test Procedures for 2009 through citation], 6/16/2016. August 14, 2015. 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended December 6, 2012. California Exhaust Emission Standards 12/31/2012 [Insert Federal Register Submitted by CARB on and Test Procedures for 2018 and citation], 6/16/2016. August 14, 2015. Subsequent Model Zero-Emission Vehicles and Hybrid Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted December 6, 2012, excluding GHG-related provisions. California Exhaust Emission Standards 12/4/2003 [Insert Federal Register Submitted by CARB on and Test Procedures for 2004 and citation], 6/16/2016. August 14, 2015. Subsequent Model Heavy-Duty Otto-cycle Engines, as last amended December 12, 2002. California Exhaust Emission Standards 11/17/2002 [Insert Federal Register Submitted by CARB on and Test Procedures for 1985 and citation], 6/16/2016. August 14, 2015. Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended October 25, 2001. California Motor Vehicle Emission 11/22/1999 [Insert Federal Register Submitted by CARB on Control and Smog Index Label citation], 6/16/2016. August 14, 2015. Specifications, as last amended October 22, 1999. California Exhaust Emission Standards 11/15/2006 [Insert Federal Register Submitted by CARB on and Test Procedures for 2004 and citation], 6/16/2016. August 14, 2015. Subsequent Model Heavy-Duty Diesel Engines, as last amended September 1, 2006. California Exhaust Emission Standards 5/12/2007 [Insert Federal Register Submitted by CARB on and Test Procedures for New 2001 citation], 6/16/2016. August 14, 2015. through 2006 Off-Road Large Spark- Ignition Engines, Parts I and II, adopted September 1, 1999 and as last amended March 2, 2007. California Exhaust and Evaporative 5/12/2007 [Insert Federal Register Submitted by CARB on Emission Standards and Test Procedures citation], 6/16/2016. August 14, 2015. for 2007 through 2009 Off-Road Large Spark-Ignition Engines, (2007-2009 Test Procedure 1048), adopted March 2, 2007. California Exhaust and Evaporative 5/12/2007 [Insert Federal Register Submitted by CARB on Emission Standards and Test Procedures citation], 6/16/2016. August 14, 2015. for New 2010 and Later Off-Road Large Spark-Ignition Engines, (2010 and Later Test Procedure 1048), adopted March 2, 2007. California Exhaust and Evaporative 5/12/2007 [Insert Federal Register Submitted by CARB on Emission Standards and Test Procedures citation], 6/16/2016. August 14, 2015. for New 2007 and Later Off-Road Large Spark-Ignition Engines (Test Procedures 1065 and 1068), adopted March 2, 2007. California Exhaust Emission Standards 5/5/2010 [Insert Federal Register Submitted by CARB on and Test Procedures for 2005 and Later citation], 6/16/2016. August 14, 2015. Small Off-Road Engines, as last amended February 24, 2010. [[Page 39446]] California Exhaust Emission Standards 1/6/2006 [Insert Federal Register Submitted by CARB on and Test Procedures for New 2000 and citation], 6/16/2016. August 14, 2015. Later Tier 1, Tier 2, and Tier 3 Off- Road Compression-Ignition Engines, Part I-B, adopted January 28, 2000 and as last amended October 20, 2005. California Exhaust Emission Standards 1/6/2006 [Insert Federal Register Submitted by CARB on and Test Procedures for New 1996 and citation], 6/16/2016. August 14, 2015. Later Tier 1, Tier 2, and Tier 3 Off- Road Compression-Ignition Engines, Part II, adopted May 12, 1993 and as last amended October 20, 2005. California Exhaust Emission Standards 1/6/2006 [Insert Federal Register Submitted by CARB on and Test Procedures for New 2008 and citation], 6/16/2016. August 14, 2015. Later Tier 4 Off-Road Compression- Ignition Engines, Part I-C, adopted October 20, 2005. California Exhaust Emission Standards 8/16/2009 [Insert Federal Register Submitted by CARB on and Test Procedures for 2001 Model Year citation], 6/16/2016. August 14, 2015. and Later Spark-Ignition Marine Engines, as last amended June 5, 2009. Procedures for Exemption of Add-On and 8/16/2009 [Insert Federal Register Submitted by CARB on Modified Parts for Off-Road Categories, citation], 6/16/2016. August 14, 2015. as last amended June 5, 2009. California Exhaust Emissions Standards 8/15/2007 [Insert Federal Register Submitted by CARB on and Test Procedures for 1997 and Later citation], 6/16/2016. August 14, 2015. Off-Highway Recreational Vehicles, and Engines, as last amended August 15, 2007. ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-13941 Filed 6-15-16; 8:45 am] BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION available through http:// requirements of the CAA (see section
AGENCY www.regulations.gov, or please contact 110(a)(2)(A)). We also noted that the
the person identified in the FOR FURTHER EPA’s long-standing practice was to
40 CFR Part 52 INFORMATION CONTACT section for allow California emissions reductions
[EPA–R09–OAR–2015–0622; FRL–9947–59– additional availability information. credit for mobile source regulations for
Region 9] FOR FURTHER INFORMATION CONTACT: which the EPA had issued waivers or
Doris Lo, EPA Region IX, (415) 972– authorizations under section 209 but
Approval and Promulgation of 3959, lo.doris@epa.gov. that had not been submitted or
Implementation Plans; California; SUPPLEMENTARY INFORMATION: approved as part of the SIP. We noted
California Mobile Source Regulations Throughout this document, ‘‘we,’’ ‘‘us’’ that the EPA’s rationale for this long-
and ‘‘our’’ refer to the EPA. standing practice was rejected by the
AGENCY: Environmental Protection
Ninth Circuit in Committee for a Better
Agency. Table of Contents Arvin v. EPA, 786 F.3d 1169 (9th Cir.
ACTION: Final rule.
I. Proposed Action 2015) (‘‘Committee for a Better Arvin’’),
SUMMARY: The Environmental Protection II. Public Comments and EPA Responses and that the decision in Committee for
Agency (EPA) is taking final action to III. Final Action a Better Arvin led to the submittal by
IV. Incorporation by Reference CARB of the mobile source regulations
approve a revision to the California
V. Statutory and Executive Order Reviews as a SIP revision on August 14, 2015.
State Implementation Plan (SIP)
consisting of certain state regulations I. Proposed Action In our proposed rule, we describe
establishing standards and other On November 12, 2015 (80 FR 69915) CARB’s August 14, 2015 SIP revision as
requirements relating to the control of (‘‘proposed rule’’), the EPA proposed to consisting of the regulations themselves
emissions from new on-road and new approve a SIP revision submitted by the and documentation of the public
and in-use off-road vehicles and California Air Resources Board (CARB) process conducted by CARB in
engines. The EPA is approving the SIP on August 14, 2015 consisting of certain approving the regulations as part of the
revision because the regulations meet state regulations establishing standards California SIP. Specifically, the
the applicable requirements of the Clean and other requirements relating to the proposed rule includes table 1, which
Air Act. Approval of the regulations as control of emissions from new on-road presents the contents of the SIP revision
part of the California SIP makes them and new and in-use off-road vehicles by mobile source category and provides,
federally enforceable. and engines (referred to herein as for each category, a listing of the
DATES: This rule is effective on July 18, ‘‘mobile source regulations’’) for which relevant sections of the California Code
2016. the EPA has previously issued waivers of Regulations (CCR) that establish
ADDRESSES: The EPA has established a or authorizations under section 209(b) standards and other requirements for
docket for this action under Docket ID and section 209(e)(2), respectively, of control of emissions from new on-road
Number EPA–R09–OAR–2015–0622. All the Clean Air Act (Act or CAA). and new or in-use off-road vehicles or
documents in the docket are listed on Our proposed rule provides engines; the corresponding date of
the http://www.regulations.gov Web background information concerning the CARB’s hearing or Executive Officer
site. Although listed in the index, some CAA, national ambient air quality (EO) action through which the
information is not publicly available, standards (NAAQS), SIPs, and other regulations or amendments were
e.g., confidential business information matters pertinent to this rulemaking. adopted; and the notice of decision in
(CBI) or other information whose See 80 FR at pages 69916–69917. We which the EPA granted a waiver or
disclosure is restricted by statute. noted in particular that a basic content authorization for the given set of
Certain other material, such as requirement for SIPs is that they include regulations. For this final rule, we are
copyrighted material, is not placed on enforceable emission limitations and republishing table 1 from the proposed
the Internet and will be publicly other control measures, means, or rule as amended in response to CARB
available only in hard copy form. techniques as may be necessary or comment #1 (see section II of this
Publicly available docket materials are appropriate to meet the applicable document).
TABLE 1—CARB SIP REVISION SUBMITTAL SUMMARY
Date of
relevant
CARB
hearing EPA Notice
Source category Relevant sections of California Code of Regulations date(s) or of decision
Executive
Officer
action
On-Road Passenger Cars, Light-Duty Trucks, and Me- Amendments to 13 CCR §§ 1961, 1965, and 1978 and 12/12/02, 6/ 70 FR 22034
dium-Duty Vehicles (LEV II). the documents incorporated by reference (see table 22/06. (4/28/05);
2 below), effective for state law purposes on 12/04/ 75 FR
03; and amendments to 13 CCR §§ 1961, 1976, 44948 (7/
1978, and documents incorporated by reference 30/10)
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(see table 2 below), effective for state law purposes
on 2/17/07.
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• GHG related provisions developed by California to meet CAA requirements of [the CAA].’’ Section
incorporated in the test procedures. SIP requirements for nonattainment 110(a)(2)(A). OOIDA asserts that the
Also, CARB has expressly excluded areas, and thus would not interfere with materials that CARB and the EPA are
certain sections or subsections of such CAA requirements for the relying upon were previously submitted
California code that are not subject to purposes of CAA section 110(l); and as part of CARB’s waiver or
preemption under CAA section 209 and • Given the longstanding nature of authorization requests to the EPA, and
thus not included in the related waiver CARB’s mobile source program, and its thus are outdated. OOIDA notes that
or authorization by the EPA. These documented effectiveness at achieving many of these regulations have been in
provisions pertain to: significant reductions from mobile effect under state law for years, and
• Fuel use requirements; sources, the state has adequate thus, to comply with Committee for a
• Idling restrictions on drivers; personnel and funding to carry out the Better Arvin, the EPA must require
• Opacity standards; mobile source regulations submitted for CARB to submit current evidence
• Daily mass emission limits (from approval as part of the California SIP. showing how well these requirements
the PERP regulations); and For more background information on have been adopted, whether the
• Certain labeling and consumer the regulatory context for this final rule, reductions in pollution have been met,
notification requirements. and for additional detail on the SIP what the experience of the regulated
On pages 69923–69925 of our submittal itself, and our evaluation, community has been, and whether
proposed rule, we described how we please see our proposed rule. CARB’s cost estimates were accurate.
evaluated the regulations and how we II. Public Comments and EPA EPA response to OOIDA comment #1:
determined that the regulations meet all Responses We disagree that our action to approve
applicable CAA requirements in order California’s mobile source regulations
to be included in the California SIP. In The EPA’s proposed rule, published that have been waived or authorized by
short, we determined that: at 80 FR 69915 (November 12, 2015), the EPA under CAA section 209 is
• CARB provided adequate public provided for a 30-day comment period. inconsistent with the Ninth Circuit’s
notice of a comment period and a The EPA received two comment letters decision in Committee for a Better Arvin
hearing on the draft SIP revision prior in response to the proposed rule: (1) A or that the information sought by
to adoption and submittal to the EPA, comment letter dated December 8, 2015 OOIDA is necessary to establish that the
and thereby complied with the from CARB; and (2) a comment letter regulations are ‘‘necessary or
applicable procedural requirements for dated December 14, 2015 from the appropriate’’ for the purposes of CAA
SIP revisions under the CAA section Owner-Operator Independent Drivers section 110(a)(2)(A).
110(l) and 40 CFR 51.102; Association, Inc. (OOIDA). In the First, in Committee for a Better Arvin,
• CARB has adequate legal authority paragraphs below, we summarize the the Ninth Circuit remanded to the EPA
to implement the regulations because comments and provide our responses. the Agency’s final actions approving
CARB comment #1: CARB indicates two specific regional plans that were
state law so provides, because the
that while the August 14, 2015 SIP adopted to meet nonattainment area SIP
regulations are not preempted under the
revision submittal included two requirements and that rely, in part, on
CAA (pursuant to waivers or
regulations affecting Mobile Cargo emissions reductions from so-called
authorizations issued for them by the
Handling Equipment at Ports and ‘‘waiver’’ measures, i.e., CARB mobile
EPA), and because CARB is not
Intermodal Rail Yards (CHE Regulation), source regulations for which the EPA
otherwise prohibited by any provision
table 1 of the EPA’s November 12, 2015 has issued waivers or authorizations
of federal or state law from carrying out
proposed rule only lists one such under CAA section 209. In so doing, the
the regulations;
regulation. CARB notes that, while table court rejected the EPA’s arguments
• The regulations include all of the
1 of the proposed rule only listed one supporting the Agency’s longstanding
elements necessary to provide for
CHE regulation, table 3 of the proposed practice of allowing California to rely on
practical enforceability, including clear
rule lists both. CARB suggests that table emissions reductions from state mobile
applicability and exemption provisions,
1 be amended to include both CHE source measures waived or authorized
emissions standards and other
regulations, consistent with CARB’s by the EPA under CAA section 209 to
requirements, test methods,
August 14, 2015 SIP revision submittal. meet CAA SIP requirements without
recordkeeping and reporting provisions, EPA response to CARB comment #1: requiring approval of those measures
and thereby establish enforceable CARB is correct that the proposed into the California SIP. The Ninth
emissions limitations as required under action covers both CHE rules and that Circuit found that CAA section
CAA section 110(a)(2)(A); 2 the EPA inadvertently failed to include 110(a)(2)(A) plainly mandates that the
• CARB’s mobile source regulations one of the two CHE regulations in table SIP include all state and local emission
submitted for approval as a revision to 1 of the proposed rule. Table 1, as limitations, control measures, means,
the California SIP establish emission amended to list both CHE regulations, is and techniques on which the state relies
limitations relied upon by RFP, included in the preamble to this final to assure compliance with the CAA. 786
attainment, and maintenance plans rule. F.3d 1169, at 1175–1178 (9th Cir. 2015).
2 After proposing action on CARB’s mobile source
OOIDA comment #1: OOIDA The Court found support for its view in
regulations, we discovered a specific provision in
contends that the EPA’s proposed action the Act’s provisions that allow the EPA
the ‘‘Surplus Off-Road Opt-In for NOX (SOON) to approve CARB’s mobile source or citizens to commence lawsuits to
Program’’ portion of CARB’s Regulation for In-Use regulations as part of the California SIP enforce emissions standards or
Off-Road Diesel-Fueled Fleets that cannot be is inconsistent with the Ninth Circuit’s limitations established under the Act.
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reconciled with the principle that SIP rules relied
upon for emissions reductions must be federally
decision in Committee for a Better Arvin Id.
enforceable. The specific provision is 13 CCR by failing to demonstrate how CARB has In response to the decision, CARB
section 2449.2(f)(4) (‘‘ARB Authority’’), which satisfied the requirement under the CAA selected for the SIP those mobile source
states, in pertinent part: ‘‘ARB has sole authority to that SIPs must include ‘‘enforceable regulations that represent the most
enforce the requirements of section 2449.2.’’ We
find 13 CCR section 2449.2(f)(4) to be severable
emission limitations and other control current set of such regulations that have
from the rest of the regulation and have not measures . . . as may be necessary or been waived or authorized by the EPA
included it in today’s approval action. appropriate to meet the applicable under CAA section 209 and that are
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![Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39429
relied upon to provide emissions Union Electric Co. v. EPA, 427 U.S. 246, of ‘‘nationwide scope or effect’’ and if in
reductions in the most recently- at 255–266 (1976) (‘‘Union Electric’’), taking such action the EPA finds and
approved or pending SIPs for the rehearing denied 429 U.S. 873 (1976). In publishes that such action is based on
various nonattainment areas in Union Electric, the Supreme Court such a determination. In that case, CAA
California, such as the two regional found that the 1970 version of section section 307(b)(1) provides for review of
plans that were the subject of the 110(a)(2) did not allow the EPA to the EPA’s SIP action in the U.S. Court
remand in Committee for a Better Arvin. disapprove an attainment sulfur dioxide of Appeals for the District of Columbia.
The issue of whether the emissions (SO2) SIP on the ground that the SIP’s Thus, section 307(b)(1) not only confers
reductions anticipated by CARB when control measures for complying with the jurisdiction upon the U.S. Courts of
adopting the regulations reasonably SO2 NAAQS would be so stringent as to Appeals but also specifies how the
approximate those that have actually be technologically or economically venue for petitions for review of actions
occurred is not relevant for the EPA’s infeasible. Id. at 265. The Supreme covered by section 307(b)(1) is
action on CARB’s mobile source Court made it clear that Congress left determined. Dalton Trucking Inc. v.
regulations SIP revision. The fact that states free to choose technology-forcing EPA, No. 13–1283, slip op. at 7–8 (D.C.
California is relying on the emissions measures to achieve attainment within Cir. Dec. 18, 2015).
reductions from the mobile source what was then a three-year deadline. Id. When the EPA issues a final decision
regulations to meet any CAA at 268–269. While the CAA has been waiving or authorizing CARB mobile
requirements makes the regulations amended a number of times since 1970, source regulations under CAA section
‘‘necessary or appropriate’’ for inclusion the basic allocation of responsibilities 209 of the CAA, the proper venue for
in the SIP, regardless of whether the on the states in developing and judicial review of that decision is the
reductions are the same as those submitting SIPs and on the EPA in U.S. Court of Appeals for the D.C.
originally estimated by CARB at the reviewing SIPs and SIP revisions Circuit if either the decision is
time of submittal of the waiver or remains the same today, and thus the ‘‘nationally applicable’’ or the EPA
authorization request. holding of Union Electric continues to determines the decision is of
In response to CARB’s SIP revision inform the EPA’s review of SIPs and SIP ‘‘nationwide scope or effect’’ and
submittal, however, the EPA did not revisions today. publishes the determination. Section
simply propose to approve the mobile OOIDA comment #2: Citing CAA 307(b)(1). In making a determination of
source regulations without review and section 307(b)(1), OOIDA asserts that nationwide scope or effect for a waiver
evaluation for compliance with relevant the EPA must specify whether any SIP or authorization under section 209, the
CAA requirements for such regulations. approval has nationwide scope or effect. EPA takes into account that other states
For example, the EPA reviewed the OOIDA further declares that if the EPA may adopt California’s standards for
regulations to determine whether SIP fails to make such an express which a section 209 waiver or
procedural requirements under CAA determination, then OOIDA will advise authorization has been granted if certain
section 110(a)(2) and related EPA its members residing outside of criteria are met. Sections 177 and
regulations were met; to determine California that they do not need to 209(e)(2)(B) allow other states to adopt
whether the regulations are enforceable comply with any of the California laws, (and subsequently enforce in their state)
and thereby comply with the applicable statutes or regulations included in the California’s regulations for which the
requirement in CAA section SIP. If, on the other hand, the EPA finds EPA has issued waivers or
110(a)(2)(A); to determine whether the that the SIP does have ‘‘nationwide authorizations. The EPA may also
state has provided necessary assurances scope and effect,’’ then OOIDA claims consider the applicability of such
that it has adequate personnel, funding, that CARB is required under CAA regulations to manufacturers or owner/
and authority to implement the section 110(a)(2)(E) to satisfy the EPA operators residing outside of California
regulations and thereby comply with the that the imposition of California’s but selling, leasing, or operating
applicable requirements in CAA section regulatory regime on interstate truckers vehicles or equipment in California.3
110(a)(2)(E); and to determine whether residing outside of California is In this case, the EPA is taking action
the SIP revision would interfere with consistent with the Commerce Clause of under section 110 of the CAA to
attainment or reasonable further the U.S. Constitution. Without such a approve CARB’s mobile source
progress or any other CAA requirement demonstration from CARB, and a regulations as part of the California SIP.
as required under CAA section 110(l). finding of nationwide scope or effect by Unlike the Agency’s issuance of a
See our proposed rule, 80 FR at 69923– the EPA, OOIDA objects to the EPA’s waiver or authorization under section
69925. For the reasons stated in the proposed approval of CARB’s mobile 209, approval of CARB’s mobile source
proposed rule, we concluded that source regulations as part of the regulations under section 110 does not
CARB’s mobile source regulation SIP California SIP. enable other states to adopt the
revision met all of the relevant CAA EPA response to OOIDA comment #2:
regulations. The EPA’s approval of the
requirements and would not interfere CAA section 307(b)(1) provides that a
regulations under section 110 does
with attainment or reasonable further petition for review of the EPA in
extend federal enforceability to the
progress or any other CAA requirement. promulgating certain specific types of
One consideration that the EPA did standards, such as the NAAQS, ‘‘or any standards. See CAA sections 113 (EPA
not take into account was the cost of other nationally applicable regulations enforcement authority) and 304 (citizen
compliance by manufacturers or promulgated, or final action taken, by suits). However, that is true of all SIP
owners/operators subject to CARB’s the [EPA] under the [CAA] may be filed approval actions under section 110, and
mobile source regulations. Such cost only in the U.S. Court of Appeals for the
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3 The D.C. Circuit recently concluded that a
issues standing alone, which OOIDA District of Columbia.’’ A petition for decision under section 209 is not ‘‘nationally
believes CARB must submit and that the review of the EPA’s action in approving applicable’’ under section 307(b) if it applies only
EPA must consider, are not relevant to a SIP under CAA section 110 that is to vehicles owned or operated in California, even
the EPA’s review of SIPs and SIP locally or regionally applicable may be if those vehicles are based outside California.
Dalton Trucking Inc. v. EPA, No. 13–1283, slip op.
revisions under CAA section 110. This filed only in the U.S. Court of Appeals at 10 (D.C. Cir. Dec. 18, 2015). However, a decision
has been settled law since 1976 when for the appropriate circuit unless such that is not applicable outside California can still
the Supreme Court issued its decision in SIP action is based on a determination have effect outside California.
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thus, like other SIP approval actions, we asks the EPA to expressly consider and that affect interstate commerce, but does
find that our final action herein is not make findings whether the aggregate not limit actions by federal agencies,
nationally applicable, nor is it of impact of regulations that California has such as the EPA. Additionally,
nationwide scope or effect. Petitions for sought to ‘‘federalize’’ through SIP ‘‘dormant’’ Commerce Clause principles
review of this final action therefore approvals violate dormant Commerce simply do not apply where Congress has
must be filed in the U.S. Court of Clause principles. so clearly established a process under
Appeals for the appropriate circuit, i.e., Under the CAA, the EPA’s which the EPA must waive preemption
in this case, the U.S. Court of Appeals responsibility in reviewing SIPs and SIP if certain conditions are met. Here, the
for the Ninth Circuit. revisions is to ensure that all CAA regulations submitted as part of CARB’s
Lastly, because the EPA finds that the requirements that apply to a given SIP SIP revision fall within the scope of
Agency’s final action herein is not of or SIP revision are met, and if a given CAA section 209, the Congressional
‘‘nationwide scope or effect,’’ no further SIP or SIP revision meets minimum provision under which the explicit
response to OOIDA’s comment is applicable CAA requirements, then the general preemption of state mobile
necessary. EPA ‘‘shall’’ approve it. See CAA source regulations may be waived for
OOIDA comment #3: OOIDA notes section 110(k)(3). Among the CAA California. Congress can authorize state
that, in addition to being an affirmative requirements that apply to SIPs or SIP or local government action that
grant of congressional authority, the revisions is section 110(a)(2)(E), which otherwise would violate the ‘‘dormant’’
Commerce Clause of the U.S. provides in relevant part that SIPs and Commerce Clause, even if the action
Constitution, which authorizes Congress SIP revisions must provide necessary ultimately interferes with interstate
‘‘[t]o regulate Commerce . . . among the assurances that the state will have commerce. See White v. Massachusetts
several states,’’ is in its negative aspect adequate authority under state law to Council of Constr. Employers, Inc., 460
also a limitation on the regulatory carry out such SIP and is not prohibited U.S. 204, 213 (1983). Both the legislative
authority of the states. OOIDA contends by any provision of federal or state law history of CAA section 209 and the text
that, in its negative aspect, the from carrying out such SIP. In this of the statute itself show that Congress
Commerce Clause protects the nation instance, the EPA has issued waivers or affirmatively contemplated the type of
against economic Balkanization and authorization under section 209 for all regulations at issue here, even assuming
state regulations affecting interstate of the subject regulations (and in doing those regulations might otherwise be
commerce where the burden on so has removed the federal Clean Air considered to interfere with interstate
commerce is excessive in relation to the Act preemption), and the EPA has found commerce. See Motor & Equip. Mfrs.
putative local benefits. For example, CARB to have the necessary legal Ass’n v. EPA, 627 F.2d 1095 (D.C. Cir.
OOIDA cites high aggregate costs authority to enforce the standards under 1979) (‘‘MEMA I’’). The EPA has
purportedly incurred to comply with state law. Furthermore, none of the consistently interpreted these
two specific CARB regulations, the subject regulations has been found by provisions as providing a narrow review
Heavy-Duty (Truck) Greenhouse Gas any court to be preempted under the of California’s decision making. These
(HD GHG) Regulations and the In-Use dormant Commerce Clause or any other views are consistent with the views we
On-Road Heavy-Duty Diesel-Fueled federal law, and thus, CARB is not expressed in more detail in our recent
Vehicles Regulation (‘‘Truck and Bus prohibited from carrying out such SIP. brief in Owner-Operator Independent
Regulation’’). OOIDA argues that the Moreover, in this instance, the Drivers Association, Inc. v. EPA, D.C.
EPA should expressly consider and ‘‘dormant’’ Commerce Clause is no Cir., Case No. 14–1192 (‘‘OOIDA v.
make findings whether the aggregate obstacle to the EPA’s approval of EPA’’), which has been placed in the
impact of regulations which California CARB’s mobile source regulations SIP docket for this rulemaking. While the
has sought to ‘‘federalize’’ through SIP revision. As a general matter, the specific California regulations at issue
approvals violate these Constitutional ‘‘dormant’’ Commerce Clause acts to in OOIDA v. EPA are not included in
principles. limit certain types of state regulation the SIP revision approved in today’s
EPA response to OOIDA comment #3: action, we believe that the views
First of all, we note that today’s action on the grounds of extra-territorial impact. In Union expressed in our brief in that case on the
does not include CARB’s HD GHG Pac. R.R., the Ninth Circuit Court of Appeals struck
down certain California regulations having an
Commerce Clause apply more generally
Regulations or the Truck and Bus extraterritorial impact; however, in more recent to EPA actions and to California
Regulation. The former was not years, the Ninth Circuit appears to have modified regulations (including those approved
included in the SIP revision submittal its views on the extra-territoriality doctrine. In herein) for which the EPA has issued
and has never been submitted as part of Rocky Mountain Farmers Union v. Corey, 730 F.3d
1070, 1101 (9th Cir. 2013), a case challenging
waivers or authorizations and thus we
the California SIP, and the latter was California’s Low Carbon Fuel Standard, the Ninth are adopting the reasoning set forth
submitted and approved by the EPA as Circuit noted: ‘‘In the modern era, the Supreme therein in support of today’s action.
a SIP revision in 2012 at 77 FR 20308 Court has rarely held that statutes violate the
Lastly, Congress allows for cost
(April 4, 2012). extraterritoriality doctrine[.]’’, and concluded: ‘‘The
district court held that the Fuel Standard regulated considerations in reviewing requests for
As to the Commerce Clause comment extraterritorial conduct because: (1) . . . it ‘attempts waivers of preemption under section
more generally, the negative aspect of to control’ out-of-state conduct, . . . We disagree.’’ 209 of the Act. The third prong of EPA’s
the Commerce Clause to which OOIDA Id. We also note that, while Rocky Mountain
consideration (section 209(b)(1)(C) for
refers is often referred to as the Farmers Union stands for the proposition that CAA
section 211(c)(4)(B) ‘‘does not insulate California on-road waivers and section
‘‘dormant’’ Commerce Clause. OOIDA from scrutiny under the dormant Commerce 209(e)(2)(A)(iii) for off-road
notes some of the basic principles under Clause,’’ Id., at 1107, CAA section 211(c)(4) does authorizations) includes an assessment
srobinson on DSK5SPTVN1PROD with RULES2
which courts have found state not establish for motor vehicle fuels the type of
of whether CARB’s regulations are
regulations to be invalid under the specific process under which California rules shall
be waived or authorized by the EPA as that found technologically infeasible. Such
dormant Commerce Clause.4 OOIDA for mobile source emissions standards in CAA assessment includes a review of
sections 209(b) and (e). See additional discussion whether those opposing the waiver have
4 OOIDA cites the court’s reasoning in Union Pac. regarding the dormant Commerce Clause and
R.R. v. Cal. Pub. Utils. Comm’n, 346 F.3d 851, 871 California regulations waived or authorized under
demonstrated that there is inadequate
(9th Cir. 2003) in support of its arguments CAA sections 209(b) and (e) later in the response lead time to permit the development of
challenging California’s mobile source regulations to OOIDA comment #3. technology necessary to meet the
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![Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39435
‘‘California Exhaust Emission Standards adopted May 12, 1993 and as last Emissions Standards and Test
and Test Procedures for 2005 and Later amended October 20, 2005’’, ‘‘California Procedures for 1997 and Later Off-
Small Off-Road Engines, as last Exhaust Emission Standards and Test Highway Recreational Vehicles, and
amended February 24, 2010’’, Procedures for New 2008 and Later Tier Engines, as last amended August 15,
‘‘California Exhaust Emission Standards 4 Off-Road Compression-Ignition 2007’’ after the entry for ‘‘Procedures for
and Test Procedures for New 2000 and Engines, Part I–C, adopted October 20, Using the California Model for
Later Tier 1, Tier 2, and Tier 3 Off-Road 2005’’, ‘‘California Exhaust Emission California Reformulated Gasoline
Compression-Ignition Engines, Part I–B, Standards and Test Procedures for 2001 Blendstocks for Oxygenate Blending
adopted January 28, 2000 and as last Model Year and Later Spark-Ignition (CARBOB)’’.
amended October 20, 2005’’, ‘‘California Marine Engines, as last amended June 5, The additions read as follows:
Exhaust Emission Standards and Test 2009’’, ‘‘Procedures for Exemption of
Procedures for New 1996 and Later Tier Add-On and Modified Parts for Off- § 52.220a Identification of plan—partial.
1, Tier 2, and Tier 3 Off-Road Road Categories, as last amended June 5, * * * * *
Compression-Ignition Engines, Part II, 2009’’, and ‘‘California Exhaust (c) * * *
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1
State
State citation Title/subject effective EPA approval date Additional explanation
date
* * * * * * *
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 1 (General Provisions)
1900(b)(11) through (b)(17) .................. Definitions ............................................. 11/22/1999 [Insert Federal Register Definitions of ‘‘motorcycle engine,’’
citation], 6/16/2016. ‘‘passenger car,’’ ‘‘recall,’’ ‘‘replace-
ment part,’’ ‘‘subgroup,’’ and ‘‘reac-
tivity adjustment factor.’’
1900(b)(9) and (b)(22) .......................... Definitions ............................................. 8/7/2012 [Insert Federal Register Definitions of ‘‘intermediate volume
citation], 6/16/2016. manufacturer’’ and ‘‘small volume
manufacturer.’’
1900(b)(22) ............................................ Definitions ............................................. 12/31/2012 [Insert Federal Register Definition of ‘‘small volume manufac-
citation], 6/16/2016. turer.’’
* * * * * * *
1956.8(a)(2), (a)(5), (b), and (h) ........... Exhaust Emissions Standards and Test 11/17/2002 [Insert Federal Register Exhaust emissions standards for new
Procedures—1985 and Subsequent citation], 6/16/2016. 2004 and subsequent model heavy-
Model Heavy-Duty Engines and Ve- duty diesel engines, heavy-duty nat-
hicles. ural gas-fueled and LPG-fueled en-
gines derived from diesel-cycle en-
gines; crankcase emissions require-
ments; test procedures.
1956.8(b), (c)(1)(B), (d), and (h)(2) Exhaust Emissions Standards and Test 12/4/2003 [Insert Federal Register Test procedures; exhaust emissions
(footnotes J and K). Procedures—1985 and Subsequent citation], 6/16/2016. standards for new 2005 and subse-
Model Heavy-Duty Engines and Ve- quent model HD OC engines.
hicles.
1956.8(a)(2)(A), (a)(6), and (b) ............. Exhaust Emissions Standards and Test 11/15/2006 [Insert Federal Register Heavy-duty diesel engine idling re-
Procedures—1985 and Subsequent citation], 6/16/2016. quirements; test procedures.
Model Heavy-Duty Engines and Ve-
hicles.
* * * * * * *
1956.8(b), (c)(1)(B), (c)(3), (d), (h)(2), Exhaust Emissions Standards and Test 8/7/2012 [Insert Federal Register Test procedures; exhaust emissions
and (h)(5). Procedures—1985 and Subsequent citation], 6/16/2016. standard for new 2005 and subse-
Model Heavy-Duty Engines and Ve- quent model HD OC engines; 1992
hicles. and subsequent model diesel en-
gines used in MD low-emissions ve-
hicles.
1956.8(b), (c)(1)(A)(3), (d), and (h)(5) .. Exhaust Emissions Standards and Test 12/31/2012 [Insert Federal Register Test procedures; exhaust emissions
Procedures—1985 and Subsequent citation], 6/16/2016. standard for new 2005 and subse-
Model Heavy-Duty Engines and Ve- quent model HD OC engines; 1992
hicles. and subsequent model diesel en-
gines used in MD low-emissions ve-
hicles.
1958(a) (excluding (a)(1)), (b)(1), (b)(2), Exhaust Emissions Standards and Test 11/22/1999 [Insert Federal Register Exhaust emissions standards for HC +
(f), (g), and (h). Procedures—Motorcycles and Motor- citation], 6/16/2016. NOX and for CO; different standards
cycle Engines Manufactured on or established for different sizes and for
after January 1, 1978. different models years; provisions for
small volume manufacturers and for
srobinson on DSK5SPTVN1PROD with RULES2
early-compliance credits; sunset re-
view. Excluded subsection relates to
an exclusion for motorcycles or mo-
torcycle engines where the engine
displacement is less than 50 cubic
centimeters.
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![39436 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State
State citation Title/subject effective EPA approval date Additional explanation
date
* * * * * * *
1960.1(r) ................................................ Exhaust Emission Standards and Test 8/7/2012 [Insert Federal Register 4,000-mile Supplement FTP Emission
Procedures—1981 through 2006 citation], 6/16/2016. Standards for LEV, ULEV, and
Model Passenger Cars, Light Duty SULEV in the PC, LDT, and MDVs.
Trucks, and Medium Duty Vehicles.
1960.1(r) ................................................ Exhaust Emission Standards and Test 12/31/2012 [Insert Federal Register 4,000-mile Supplement FTP Emission
Procedures—1981 through 2006 citation], 6/16/2016. Standards for LEV, ULEV, and
Model Passenger Cars, Light Duty SULEV in the PC, LDT, and MDVs.
Trucks, and Medium Duty Vehicles.
1961, including Introduction, (a)(4), Exhaust Emission Standards and Test 12/4/2003 [Insert Federal Register 50 °F Exhaust emissions standards, re-
(a)(8), (a)(12), (a)(15); (b)(3)(B), Procedures—2004 and Subsequent citation], 6/16/2016. quirements for vehicles certified to
(b)(3)(C), (b)(3)(D), (b)(3)(E); (d); and Model Passenger Cars, Light-Duty the optional 150,000 mile standards,
(e). Trucks, and Medium-Duty Vehicles. NMOG credit provisions, fuel-fired
heater provisions, phase-in require-
ments for MDV manufacturers; test
procedures.
1961(d) .................................................. Exhaust Emission Standards and Test 2/17/2007 [Insert Federal Register Test procedures.
Procedures—2004 and Subsequent citation], 6/16/2016.
Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles.
* * * * * * *
1961, including Introduction, (a)(1), Exhaust Emission Standards and Test 8/7/2012 [Insert Federal Register ‘‘LEV III’’ exhaust emission standards
(a)(3), (a)(4), (a)(5), (a)(7), (a)(8)(B), Procedures—2004 through 2019 citation], 6/16/2016. for 2004 through 2019 model PC,
(a)(14)(A); (b)(1)(A), (b)(1)(B)(1.)(c.), Model Passenger Cars, Light-Duty LDT, and MDV; test procedures.
(b)(1)(B)(3.), (b)(1)(C)(1.), (b)(1)(D), Trucks, and Medium-Duty Vehicles.
(b)(3)(A), (b)(3)(B), (b)(3)(C),
(b)(3)(E); (c)(1), (c)(2)(A), (c)(3)(A),
(d).
1961, including Introduction, (a)(1), Exhaust Emission Standards and Test 12/31/2012 [Insert Federal Register ‘‘LEV III’’ exhaust emission standards
(b)(1)(A), (d). Procedures—2004 through 2019 citation], 6/16/2016. for 2004 through 2019 model PC,
Model Passenger Cars, Light-Duty LDT, and MDV; test procedures.
Trucks, and Medium-Duty Vehicles.
1961.2 ................................................... Exhaust Emission Standards and Test 8/7/2012 [Insert Federal Register ‘‘LEV III’’ exhaust emission standards
Procedures—2015 and Subsequent citation], 6/16/2016. for 2015 and subsequent model year
Model Passenger Cars, Light-Duty PC, LDT, and MDV.
Trucks, and Medium-Duty Vehicles.
1961.2, including Introduction, (a)(1), Exhaust Emission Standards and Test 12/31/2012 [Insert Federal Register ‘‘LEV III’’ exhaust emission standards
(a)(2)(A), (a)(2)(D), (a)(7)(A), Procedures—2015 and Subsequent citation], 6/16/2016. for 2015 and subsequent model year
(a)(7)(A)(2.) (through equation 2), Model Passenger Cars, Light-Duty PC, LDT, and MDV.
(A)(9), (b)(1)(A), (b)(1)(A)(2.), Trucks, and Medium-Duty Vehicles.
(b)(1)(D), (b)(4)(A), (c)(1)(B),
(c)(3)(B), and (d).
1962.1 ................................................... Zero-Emission Vehicle Standards for 8/7/2012 [Insert Federal Register ZEV standards, percentage ZEV re-
2009 through 2017 Model Year Pas- citation], 6/16/2016. quirements, PZEV provisions, quali-
senger Cars, Light-Duty Trucks, and fication for ZEV multipliers and cred-
Medium-Duty Vehicles. its, generation and use of credits,
calculation of penalties, test proce-
dures.
1962.1(b)(2)(D)(1) and (2), (c)(3)(A), Zero-Emission Vehicle Standards for 12/31/2012 [Insert Federal Register ZEV requirements for large volume
and (h)(1). 2009 through 2017 Model Year Pas- citation], 6/16/2016. manufacturers in model years 2012
senger Cars, Light-Duty Trucks, and through 2017 and PZEV allowances;
Medium-Duty Vehicles. test procedures, ZEV-specific defini-
tions.
1962.2, excluding (g)(6)(C) ................... Zero-Emission Vehicle Standards for 8/7/2012 [Insert Federal Register ZEV standards, percentage ZEV re-
2018 and Subsequent Model Year citation], 6/16/2016. quirements, TZEV provisions, quali-
Passenger Cars, Light-Duty Trucks, fication of ZEV credits, generation
and Medium-Duty Vehicles. and use of credits, test procedures,
ZEV-specific definitions; excluded
provision relates to GHG–ZEV over
compliance credits.
1962.2(c)(2)(B), (c)(3)(A), (c)(3)(A)(1.), Zero-Emission Vehicle Standards for 12/31/2012 [Insert Federal Register Certain ZEV requirements in model
(h)(1). 2018 and Subsequent Model Year citation], 6/16/2016. years 2018 and subsequent model
Passenger Cars, Light-Duty Trucks, years including evaporative emission
and Medium-Duty Vehicles. standards for TZEVs, TZEV allow-
ances, and test procedures.
1962.3 ................................................... Electric Vehicle Charging Require- 8/7/2012 [Insert Federal Register Applicability, definitions, requirements,
ments. citation], 6/16/2016. alternatives.
1965 ...................................................... Emission Control and Smog Index La- 11/22/1999 [Insert Federal Register Emission control label requirements.
srobinson on DSK5SPTVN1PROD with RULES2
bels—1979 and Subsequent Model- citation], 6/16/2016.
Year Motor Vehicles.
1965 ...................................................... Emission Control and Smog Index La- 12/04/2003 [Insert Federal Register Emission control label requirements.
bels—1979 and Subsequent Model- citation], 6/16/2016.
Year Motor Vehicles.
1965 ...................................................... Emission Control, Smog Index, and 8/7/2012 [Insert Federal Register Emission control label requirements.
Environmental Performance Labels— citation], 6/16/2016.
1979 and Subsequent Model-Year
Motor Vehicles.
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![Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39437
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State
State citation Title/subject effective EPA approval date Additional explanation
date
1971.1 ................................................... On-Board Diagnostic System Require- 6/17/2010 [Insert Federal Register Establishes emission standards and
ments—2010 and Subsequent citation], 6/16/2016. other requirements for OBD systems
Model-Year Heavy-Duty Engines. that monitor emission systems in-use
for the actual life of the engine and
detect malfunctions of the monitored
emissions systems, illuminating a
malfunction indicator light to notify
the vehicle operator of detected mal-
functions, and storing fault codes
identifying the detected malfunctions.
1971.5 ................................................... Enforcement of Malfunction and Diag- 6/17/2010 [Insert Federal Register Establishes enforcement protocol for
nostic System Requirements for citation], 6/16/2016. use by CARB to assure the engines
2010 and Subsequent Model-Year certified for sale in California are
Heavy-Duty Engines. equipped with OBD systems that
properly function and meet the appli-
cable regulatory requirements.
1976(c) .................................................. Standards and Test Procedures for 2/17/2007 [Insert Federal Register Test procedures.
Motor Vehicle Fuel Evaporative citation], 6/16/2016.
Emissions.
1976(b)(1), (c), (f)(3) and (f)(4) ............. Standards and Test Procedures for 8/7/2012 [Insert Federal Register Fuel evaporative emission standards;
Motor Vehicle Fuel Evaporative citation], 6/16/2016. test procedures; definitions.
Emissions.
1976(b)(1), (b)(1)(G)(3), (c) ................... Standards and Test Procedures for 12/31/2012 [Insert Federal Register Fuel evaporative emission standards;
Motor Vehicle Fuel Evaporative citation], 6/16/2016. test procedures; definitions.
Emissions.
1978(a)(1), (b) ....................................... Standards and Test Procedures for Ve- 12/4/2003 [Insert Federal Register Standards for vehicle refueling for 1998
hicle Refueling Emissions. citation], 6/16/2016. and subsequent model passenger
cars, LDT, and MDV less than 8,501
pounds.
1978(b) .................................................. Standards and Test Procedures for Ve- 2/17/2007 [Insert Federal Register Test procedures.
hicle Refueling Emissions. citation], 6/16/2016.
1978 ...................................................... Standards and Test Procedures for Ve- 8/7/2012 [Insert Federal Register Refueling emissions standards for
hicle Refueling Emissions. citation], 6/16/2016. 1998 and subsequent model gaso-
line-fueled, alcohol-fueled, diesel-
fueled, LPG-fueled, fuel-flexible and
hybrid electric PC, LDT, and MDV up
to 8,501 pounds, and similarly-fueled
2015 and subsequent year MDV
from 8,501 pounds to 14,000
pounds.
* * * * * * *
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 6 (Emission Control Warranty
System)
2037(g) .................................................. Defects Warranty Requirements for 8/7/2012 [Insert Federal Register Reporting requirements.
1990 and Subsequent Model Pas- citation], 6/16/2016.
senger Cars, Light-Duty Trucks, Me-
dium-Duty Vehicles, and Motor Vehi-
cle Engines Used in Such Vehicles.
2038(c)(3) .............................................. Performance Warranty Requirements 8/7/2012 [Insert Federal Register Reporting requirements.
for 1990 and Subsequent Model citation], 6/16/2016.
Passenger Cars, Light-Duty Trucks,
and Medium-Duty Vehicles, and
Motor Vehicle Engines Used in Such
Vehicles.
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 1
(Assembly-Line Testing)
2062 ...................................................... Assembly-Line Procedures—1998 and 8/7/2012 [Insert Federal Register Assembly-line test procedures.
Subsequent Model Years. citation], 6/16/2016.
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.1
(Procedures for In-Use Vehicle Voluntary and Influenced Recalls)
2111(a)(1) .............................................. Applicability ........................................... 8/15/2007 [Insert Federal Register Procedures apply to California-certified
citation], 6/16/2016. 1982 and subsequent model-year
srobinson on DSK5SPTVN1PROD with RULES2
passenger cars, light-duty trucks,
medium-duty vehicles, heavy-duty
vehicles, motorcycles, and 1997 and
subsequent model-year off-road mo-
torcycles and all-terrain vehicles, and
2007 and subsequent model-year
off-road sport vehicles, off-road utility
vehicles, and sand cars.
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![39438 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State
State citation Title/subject effective EPA approval date Additional explanation
date
2111(a)(4) .............................................. Applicability ........................................... 8/16/2009 [Insert Federal Register Procedures apply to certain California-
citation], 6/16/2016. certified 2008 model year spark-igni-
tion sterndrive/inboard marine en-
gines with maximum rated power
less than or equal to 373 kilowatts,
and all California-certified 2009 and
subsequent model-year spark-igni-
tion sterndrive/inboard marine en-
gines.
2112(l)(12) ............................................. Definitions ............................................. 8/15/2007 [Insert Federal Register Definition of ‘‘useful life’’ for 1997 and
citation], 6/16/2016. subsequent model year off-road mo-
torcycles, all-terrain vehicles, and for
2007 and subsequent model year
off-road sport vehicles, off-road utility
vehicles, sand cars, and engines
used in such vehicles.
2112(l)(20), (l)(23) ................................. Definitions ............................................. 8/16/2009 [Insert Federal Register Definition of ‘‘useful life’’ for certain
citation], 6/16/2016. types of vehicles.
2112(b), (l)(9), (l)(18) ............................ Definitions ............................................. 8/7/2012 [Insert Federal Register Definition of ‘‘correlation factor,’’ and
citation], 6/16/2016. definition of ‘‘useful life’’ for certain
types of vehicles.
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.3
(In-Use Vehicle Enforcement Test Procedures)
2139(h) .................................................. Testing .................................................. 8/16/2009 [Insert Federal Register Specifies in-use compliance tests for
citation], 6/16/2016. spark-ignition sterndrive/inboard ma-
rine engines.
2139(a), (b), (c)(2) ................................. Testing .................................................. 8/7/2012 [Insert Federal Register Specifies in-use vehicle emission tests
citation], 6/16/2016. by CARB after vehicles have been
accepted and restorative mainte-
nance, if any, has been performed.
2140(b) .................................................. Notification and Use of Test Results .... 8/7/2012 [Insert Federal Register Notification and use requirements once
citation], 6/16/2016. the in-use emission tests have been
completed.
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.4
(Procedures for Reporting Failures of Emission-Related Components)
2145(b)(3) .............................................. Field Information Report ....................... 8/7/2012 [Insert Federal Register Reporting requirements.
citation], 6/16/2016.
2147(b) .................................................. Demonstration of Compliance with 8/16/2009 [Insert Federal Register Applies the requirements to sterndrive/
Emissions Standards. citation], 6/16/2016. inboard marine engines.
2147(b)(3) .............................................. Demonstration of Compliance with 8/7/2012 [Insert Federal Register Testing requirements and selection of
Emissions Standards. citation], 6/16/2016. deterioration factors.
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 4.4 (Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks)
2235 ...................................................... Requirements ........................................ 8/7/2012 [Insert Federal Register Requirements for 1977 and subse-
citation], 6/16/2016. quent model gasoline-fueled motor
vehicles with respect to fill pipes and
openings.
* * * * * * *
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 5.1 (Standards for Fuels for Nonvehicular Sources)
2299.3 ................................................... Airborne Toxic Control Measure for 1/2/2009 [Insert Federal Register Requires that any person who owns,
Auxiliary Diesel Engines Operated citation], 6/16/2016. operates, container vessel, pas-
on Ocean-Going Vessels At-Berth in senger vessel, or refrigerated cargo
a California Port. vessel that visits a California port
comply with section 93118.3 relating
to the operation of auxiliary diesel
engines on OGV at-berth in a Cali-
fornia port. Also applies to any per-
son who owns or operates a port or
terminal located at a California port
where container, passenger or refrig-
erated cargo vessels visit.
srobinson on DSK5SPTVN1PROD with RULES2
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 1 (Small Off-Road
Engines)
2401(a)(13), (36), (41) , (51), (52) ........ Definitions ............................................. 5/5/2010 [Insert Federal Register Definitions for ‘‘eight-hour workday,’’
citation], 6/16/2016. ‘‘professional level,’’ ‘‘standard bat-
tery package,’’ ‘‘zero-emission equip-
ment credits,’’ and ‘‘zero-emission
equipment engine family.’’
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![Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39439
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State
State citation Title/subject effective EPA approval date Additional explanation
date
2403(b)(2), (b)(3), (b)(4), (d), (e)(1) ...... Exhaust Emission Standards and Test 5/5/2010 [Insert Federal Register Low-emitting blue sky series engine re-
Procedures—Small Off-Road En- citation], 6/16/2016. quirements, evaporative emission re-
gines. quirements, test procedures.
2404(a) .................................................. Emission Control Labels and Con- 11/15/2006 [Insert Federal Register The requirements in section 2404 rec-
sumer Information—1995 and Later citation], 6/16/2016. ognize the certain emission-critical or
Small Off-Road Engines. emission-related parts must be prop-
erly identified and maintained in
order for engines to meet the appli-
cable emissions standards and that
information regarding engines’ emis-
sions levels may influence consumer
choice.
2404(m)(1), (m)(2), (m)(3) ..................... Emission Control Labels and Con- 5/5/2010 [Insert Federal Register Zero-emission equipment label content
sumer Information—1995 and Later citation], 6/16/2016. and placement requirements.
Small Off-Road Engines.
2405(b)(1), (b)(2), (h)(1), (h)(2) ............. Defects Warranty Requirements for 5/5/2010 [Insert Federal Register Zero-emission equipment warranty re-
1995 and Later Small Off-Road En- citation], 6/16/2016. quirements.
gines.
2406(b)(1), (b)(2) ................................... Emission Control System Warranty 5/5/2010 [Insert Federal Register Warranty contact requirement.
Statement. citation], 6/16/2016.
2408(b)(2), (d)(4), (f)(1), (f)(3), (f)(4), Emission Reduction Credits—Certifi- 5/5/2010 [Insert Federal Register Limits on use of certification emission
(f)(5), (g)(1)(E), (i)(3), (i)(7). cation Averaging, Banking, and Trad- citation], 6/16/2016. credits, certain reporting require-
ing Provisions. ments.
2408.1 ................................................... Emission Reduction Credits—Zero- 5/5/2010 [Insert Federal Register Applicability; general provisions; aver-
Emission Equipment Credits Aver- citation], 6/16/2016. aging, banking, and trading provi-
aging, Banking, and Trading Provi- sions; credit calculation and compli-
sions. ance provisions; use of zero-emis-
sion equipment credit; recordkeeping
and reporting.
2409(a), (b)(1), (b)(2), (b)(5), (b)(6), Emission Reduction Credits—Produc- 5/5/2010 [Insert Federal Register Applicability; general provisions; certain
(d)(3). tion Credit Program for New Engines. citation], 6/16/2016. banking provisions.
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 3 (Off-Highway
Recreational Vehicles and Engines)
2411(a)(1), (a)(13), (a)(17), (a)(18), Definitions ............................................. 8/15/2007 [Insert Federal Register Definitions for ‘‘all-terrain vehicle,’’ off-
(a)(19). citation], 6/16/2016. highway recreational vehicle en-
gines,’’ ‘‘off-road sport vehicle,’’ ‘‘off-
road utility vehicle,’’ ‘‘sand car.’’
2412 ...................................................... Emission Standards and Test Proce- 8/15/2007 [Insert Federal Register Exhaust and evaporative emissions
dures—New Off-Highway Rec- citation], 6/16/2016. standards for off-highway rec-
reational Vehicles and Engines. reational vehicles and engines used
in such vehicles produced on or after
January 1, 1997 that are sold,
leased, used, or introduced into com-
merce in California; test procedures.
2413 ...................................................... Emission Control Labels—New Off- 8/15/2007 [Insert Federal Register Provisions related to applicability, and
Highway Recreational Vehicles. citation], 6/16/2016. label content and location.
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4 (Off-Road
Compression-Ignition Engines and Equipment)
2420 ...................................................... Applicability ........................................... 1/6/2006 [Insert Federal Register Applies to new heavy-duty off-road CI
citation], 6/16/2016. engines produced on or after Janu-
ary 1, 1996 and all other new 2000
model year and later off-road CI en-
gines, except those covered by the
preemption provisions in CAA sec-
tion 209(e)(1). Certification required
for new engines subject to 13 CCR
chapter 9, article 4.
2421 ...................................................... Definitions ............................................. 1/6/2006 [Insert Federal Register Defined terms in addition to hose in 13
citation], 6/16/2016. CCR § 1900(b).
2423 ...................................................... Exhaust Emission Standards and Test 1/6/2006 [Insert Federal Register Exhaust emissions standards (tiers 1,
Procedures—Off-Road Compression- citation], 6/16/2016. 2, 3 and 4), upper limits for family
Ignition Engines. emission limits (tiers 1, 2, 3 and 4),
low-emitting blue sky series engine
requirements, crankcase emissions
provisions, early certification provi-
srobinson on DSK5SPTVN1PROD with RULES2
sions, prohibition on defeat devices,
test procedures, recordkeeping and
compliance calculations, economic
hardship provisions, allowance for
production of engines, labeling re-
quirements,
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![39440 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State
State citation Title/subject effective EPA approval date Additional explanation
date
2424 ...................................................... Emission Control Labels—1996 and 1/6/2006 [Insert Federal Register Requirements on manufacturers to affix
Later Off-Road Compression-Ignition citation], 6/16/2016. a label on each production engine
Engines. (or equipment) to provide the engine
or equipment owner and service me-
chanic with information necessary for
the proper maintenance of these
parts in customer use.
2424(a) .................................................. Emission Control Labels—1996 and 11/15/2006 [Insert Federal Register The requirements of section 2424 rec-
Later Off-Road Compression-Ignition citation], 6/16/2016. ognize that certain emissions-critical
Engines. or emissions-related parts must be
properly identified and maintained in
order for engines to meet the appli-
cable emissions standards.
2425 ...................................................... Defects Warranty Requirements for 1/6/2006 [Insert Federal Register Applies to new 1996–1999 model year
1996 and Later Off-Road Compres- citation], 6/16/2016. heavy-duty off-road CI engines and
sion-Ignition Engines. new 2000 and later model year CI
engines.
2425(e) .................................................. Defects Warranty Requirements for 11/15/2006 [Insert Federal Register Requirement on manufacturers to fur-
1996 and Later Off-Road Compres- citation], 6/16/2016. nish with each new engine written in-
sion-Ignition Engines. structions for the maintenance and
use of the engine by the owner.
2425.1 ................................................... Defect Investigation and Reporting Re- 1/6/2006 [Insert Federal Register Applicability, general provisions, and
quirements. citation], 6/16/2016. investigation and reporting proce-
dures.
2426 ...................................................... Emission Control System Warranty 1/6/2006 [Insert Federal Register Requires manufacturers to furnish a
Statement. citation], 6/16/2016. specific warranty statements with
each 1996–1999 heavy-duty off-road
CI engine.
2427 ...................................................... Production Engine Testing, Selection, 1/6/2006 [Insert Federal Register Compliance test procedures, quality-
Evaluation, and Enforcement Action. citation], 6/16/2016. audit test procedures, selective en-
forcement audit requirements.
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.5 (Off-Road
Large Spark-Ignition Engines)
2430 ...................................................... Applicability ........................................... 5/12/2007 [Insert Federal Register Applies to LSI off-road engines 25
citation], 6/16/2016. horsepower or greater after 1/1/2001
and all equipment and vehicles after
1/1/2001 that use such engines. On
1/1/2007, applicability remains the
same but is defined in terms of kW
(i.e., 19 kW and above).
2431(a), (a)(19), (a)(28) ........................ Definitions ............................................. 5/12/2007 [Insert Federal Register Definitions of ‘‘Family Emission Level
citation], 6/16/2016. or FEL’’ and ‘‘Off-Road Large Spark-
Ignition Engines’’ or ‘‘LSI Engines.’’
2433 ...................................................... Emission Standards and Test Proce- 5/12/2007 [Insert Federal Register New off-road LSI exhaust, crankcase,
dures—Off-Road Large Spark Igni- citation], 6/16/2016. and evaporative emission standards
tion Engines. and test procedures.
2434(c) .................................................. Emission Control Labels—2001 and 5/12/2007 [Insert Federal Register Label content and location require-
Later Off-Road Large Spark-Ignition citation], 6/16/2016. ments.
Engines.
2438(e)(7) .............................................. In-Use Compliance Program ................ 5/12/2007 [Insert Federal Register Credit calculation.
citation], 6/16/2016.
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.7 (Spark-
Ignition Marine Engines)
2440(a)(3) .............................................. Applicability ........................................... 8/16/2009 [Insert Federal Register Exemption for spark-ignition sterndrive/
citation], 6/16/2016. inboard marine engines used solely
for competition.
2442(a)(1), (a)(2), (b), (c), (d), (e), (f), Emissions Standards ............................ 8/16/2009 [Insert Federal Register Model year 2001 and later model year
(g), (h). citation], 6/16/2016. spark-ignition personal watercraft
and outboard marine engines; model
year 2003 and later model year
spark-ignition sterndrive/inboard ma-
rine engines; Not-to-Exceed (NTE)
limits; voluntary standards; new re-
placement engine requirements for
manufacturers; test equipment and
test procedures.
srobinson on DSK5SPTVN1PROD with RULES2
2443.1(b)(1), (c)(2)(B), (c)(4)(B), Emission Control Labels—Model Year 8/16/2009 [Insert Federal Register Requirements related to emission con-
(c)(4)(D), (c)(4)(G), (c)(4)(H), 2001 and Later Spark-Ignition Marine citation], 6/16/2016. trol labels.
(d)(4)(B). Engines.
2443.2(b)(1), (c)(1), (c)(2), (e) .............. Consumer/Environmental Label Re- 8/16/2009 [Insert Federal Register Label requirements for certified model
quirements. citation], 6/16/2016. year 2001 and later spark-ignition
personal watercraft and outboard
marine engines and certified model
year 2003 and later spark-ignition
sterndrive/inboard engines.
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![Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39441
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State
State citation Title/subject effective EPA approval date Additional explanation
date
2444.1(a), (b)(3)(B), (b)(3)(E), (b)(3)(G), In-Use Compliance Testing and Recall 8/16/2009 [Insert Federal Register Recordkeeping and reporting require-
(e)(4)(A)(1. Through 10.), (e)(4)(B), Regulations—Model Year 2001 and citation], 6/16/2016. ments.
(e)(4)(C)(1., 2., and 3.). Later Spark-Ignition Marine Engines.
2444.2 ................................................... On-Board Engine Malfunction Detec- 8/16/2009 [Insert Federal Register General requirements; monitoring re-
tion System Requirements—Model citation], 6/16/2016. quirements; additional audio/visual
Year 2007 and Later Spark-Ignition alert device activation and diagnostic
Sterndrive/Inboard Marine Engines. trouble code storage protocol; tam-
pering protection; certification docu-
mentation; testing, standardization,
and implementation schedule.
2445.1(a), (c)(1), (c)(2), (c)(3), (e)(10), Defects Warranty Requirements for 8/16/2009 [Insert Federal Register Warranty requirements.
(e)(11), (g)(2)(A). Model Year 2001 and Later Spark- citation], 6/16/2016.
Ignition Marine Engines.
2445.2(a) ............................................... Emission Control Warranty Statements 8/16/2009 [Insert Federal Register Emission control warranty statement
citation], 6/16/2016. requirements.
2446(a), (b)(4)(B), (c)(1)(A), (c)(1)(B), 2001 and Later Model Year Produc- 8/16/2009 [Insert Federal Register Applicability provision; certain quality-
(c)(2)(A), (c)(3)(D), (c)(3)(E), tion-Line Test Procedures and Selec- citation], 6/16/2016. audit line test procedures for 2001
(d)(3)(D), (d)(5), (e). tive Enforcement Auditing Regula- and later model years; test proce-
tions for Spark-Ignition Marine En- dures; selective enforcement auditing
gines. regulations.
2447 ...................................................... California Exhaust Emission Standards 8/16/2009 [Insert Federal Register Certain test procedures are incor-
and Test Procedures for 2001 Model citation], 6/16/2016. porated by reference.
Year and Later Spark-Ignition Marine
Engines.
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.8 (In-Use Off-
Road Diesel-Fueled Fleets)
2449, excluding (d)(2) ........................... General Requirements for In-Use Off- 12/14/2011 [Insert Federal Register Applicability, definitions, performance
Road Diesel-Fueled Fleets. citation], 6/16/2016. requirements (different requirements
apply to large, medium and small
fleets), compliance date extension
provision, labeling requirements, re-
porting and recordkeeping require-
ments. Excluded subsection relates
to idling limits.
2449.1 ................................................... Performance Requirements .................. 12/14/2011 [Insert Federal Register Establishes fleet average requirements
citation], 6/16/2016. and compliance dates, BACT provi-
sions, credit provisions.
2449.2, excluding (f)(4) ......................... Surplus Off-Road Opt-In for NOX 12/14/2011 [Insert Federal Register Purpose is to achieve additional reduc-
(SOON) Program. citation], 6/16/2016. tions of NOX from in-use off-road
diesel-fueled vehicles beyond those
achieved through implementation of
the requirements in 13 CCR §§ 2449
and 2449.1. Applicability, definitions,
requirements, SOON targets, local
air district opt-in provisions.
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 5 (Portable
Engine and Equipment Registration)
2451 ...................................................... Applicability ........................................... 09/12/2007 [Insert Federal Register Voluntary registration program for own-
citation], 6/16/2016. ers or portable engines or equipment
units, with certain exceptions. If not
registered under this program, the
engine or equipment units shall be
subject to district permitting require-
ments pursuant to district regula-
tions.
2452 ...................................................... Definitions ............................................. 09/12/2007 [Insert Federal Register Definitions that apply to the portable
citation], 6/16/2016. engine and equipment registration
regulations.
2453 ...................................................... Application Process .............................. 09/12/2007 [Insert Federal Register To be considered for registration, port-
citation], 6/16/2016. able engines or equipment units
must meet the requirements in article
5, including the application-related
requirements in this section.
2455, excluding (a) and (b) ................... General Requirements .......................... 09/12/2007 [Insert Federal Register Provisions related to operation of port-
citation], 6/16/2016. able engines and equipment units
srobinson on DSK5SPTVN1PROD with RULES2
during emergency events; PSD noti-
fication requirements if the registered
equipment unit operates at a major
stationary source. Excluded sub-
sections relate to attainment or main-
tenance of ambient air quality stand-
ards, nuisance, and opacity.
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![39442 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State
State citation Title/subject effective EPA approval date Additional explanation
date
2456, excluding (a), (d)(3), (d)(5), and Engine Requirements ........................... 09/12/2007 [Insert Federal Register Various requirements specified for dif-
(d)(6). citation], 6/16/2016. ferent categories of engines. Ex-
cluded subsections relate to opacity
limits, fuel specifications, and daily
and annual mass (per engine) limits.
2458 ...................................................... Recordkeeping and Reporting .............. 09/12/2007 [Insert Federal Register Recordkeeping and reporting require-
citation], 6/16/2016. ments for owners of registered port-
able engines and equipment units.
2459 ...................................................... Notification ............................................ 09/12/2007 [Insert Federal Register In most instances, if a registered
citation], 6/16/2016. equipment unit will be at a location
for more than five days, the owner or
operator of that equipment must no-
tify the district in writing.
2460 ...................................................... Inspections and Testing ........................ 09/12/2007 [Insert Federal Register Authorization for CARB to conduct test-
citation], 6/16/2016. ing both before and after registration
in the program. Districts must inspect
all register engines and equipment
units for which the district has been
designated as the home district. Test
methods are specified.
2461 ...................................................... Fees ...................................................... 09/12/2007 [Insert Federal Register Provisions establishing fees for reg-
citation], 6/16/2016. istration, renewal, and associated
administrative tasks.
2462 ...................................................... Duration of Registration ........................ 09/12/2007 [Insert Federal Register Registrations and renewal are gen-
citation], 6/16/2016. erally valid for three years from the
date of issuance.
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 7 (Certification
Procedures for Aftermarket Parts for Off-Road Vehicles, Engines, Equipment)
2474(e), (i)(1) ........................................ Add-On Parts and Modified Parts ......... 08/16/2009 [Insert Federal Register Incorporation of procedures for exemp-
citation], 6/16/2016. tions of add-on and modified parts
for off-road categories.
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 8 (Off-Road
Airborne Toxic Control Measures)
2477 ...................................................... Airborne Toxic Control Measure for In- 3/7/2011 [Insert Federal Register Regulation applies, with certain excep-
Use Diesel-Fueled Transport Refrig- citation], 6/16/2016. tions, to owners and operators of
eration Units (TRU) and TRU Gener- diesel fueled TRUs and TRU gener-
ator Sets, and Facilities Where TRUs ator sets used to power electrically
Operate. drive refrigerated shipping containers
and trailers that are operated in Cali-
fornia; definitions; in-use perform-
ance standards; in-use compliance
dates; monitoring, recordkeeping and
reporting requirements; prohibitions;
penalties.
2479, excluding (e)(2) and (e)(4) .......... Regulation for Mobile Cargo Handling 12/31/2006 [Insert Federal Register Applies to any person who conducts
Equipment at Ports and Intermodal citation], 6/16/2016. business in California who sells, of-
Rail Yards. fers for sale, leases, rents, pur-
chases, owns or operates any CI
mobile cargo handling equipment
that operates at any California port
or intermodal rail yard. Includes ex-
emptions, definitions, performance
standards for newly purchased
leased or rented yard trucks and
non-yard truck cargo handling equip-
ment, provisions for compliance ex-
tensions and alternative compliance
plans, recordkeeping and reporting
requirements, test methods. Ex-
cluded subsections relate to in-use
performance standards for yard
trucks, and fuel requirements.
2479(a), (b), (c), (d), (e)(1), (e)(3), Regulation for Mobile Cargo Handling 10/14/2012 [Insert Federal Register Amendments to exemptions, defini-
(e)(5), (f)(1), (f)(2), (f)(3), (f)(6), Equipment at Ports and Intermodal citation], 6/16/2016. tions, performance standards for
(h)(1), (i), (j)(1), (j)(2), (j)(3), (k), (l), Rail Yards. newly purchased leased or rented
srobinson on DSK5SPTVN1PROD with RULES2
(m), (n), (o), (p), (q), (r). equipment and in-use performance
standards for non-yard truck mobile
CHE, provisions for compliance ex-
tensions and alternative compliance
plans, recordkeeping and reporting
requirements, test methods.
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![Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39443
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State
State citation Title/subject effective EPA approval date Additional explanation
date
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 10 (Mobile Source Operational Controls), Article 1 (Motor Vehicles)
2485, excluding (c)(1)(A), (c)(1)(B), Airborne Toxic Control Measure to 11/15/2006 [Insert Federal Register Establishes requirements to reduce
(c)(3)(B). Limit Diesel-Fueled Commercial citation], 6/16/2016. emissions from idling of diesel-fueled
Motor Vehicle Idling. commercial motor vehicles that oper-
ate in California with gross vehicle
weight ratings greater than 10,000
pounds; exceptions; enforcement
and penalty provisions; definitions.
Excluded subsections relate to idling
restrictions on drivers and a fuel-fired
heater provision.
* * * * * * *
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and Engines Pollution Control Requirements), Article
2 (Large Spark Ignition (LSI) Engines Fleet Requirements)
2775 ...................................................... Applicability ........................................... 5/12/2007 [Insert Federal Register Applies to operators of certain off-road
citation], 6/16/2016. LSI engine forklifts, sweepers/scrub-
bers, industrial tow tractors or airport
ground support equipment operated
within the State of California. Exemp-
tions provided for small fleets and
certain other equipment. Includes
definitions.
2775.1 ................................................... Standards .............................................. 5/12/2007 [Insert Federal Register Establishes fleet average emission
citation], 6/16/2016. level standards with certain excep-
tions.
2775.2 ................................................... Compliance Requirements for Fleet 5/12/2007 [Insert Federal Register Compliance and recordkeeping require-
Operators. citation], 6/16/2016. ments, provisions for extensions in
compliance dates.
* * * * * * *
93116 .................................................... Purpose ................................................. 3/11/2005 [Insert Federal Register Purpose is to reduce diesel particulate
citation], 6/16/2016. matter emissions from portable die-
sel-fueled engines having a rated
brake horsepower of 50 and greater.
93116.1 ................................................. Applicability ........................................... 3/11/2005 [Insert Federal Register Applies to all portable engines having a
citation], 6/16/2016. maximum rated horse horsepower of
50 bhp and greater and fueled with
diesel unless exempted under (b).
93116.2 ................................................. Definitions ............................................. 3/11/2005 [Insert Federal Register Defines specific terms used in the reg-
citation], 6/16/2016. ulation.
93116.3, excluding (a) .......................... Requirements ........................................ 3/11/2005 [Insert Federal Register Diesel PM standards for in-use port-
citation], 6/16/2016. able diesel-fueled engines; different
requirements apply to such engines
not permitted or registered prior to
January 1, 2006; fleet requirements
(for subject engines operated in Cali-
fornia), fleet average calculation pro-
visions. Excluded subsection relates
to fuel requirements.
93116.4 ................................................. Fleet Recordkeeping and Reporting 3/11/2005 [Insert Federal Register Fleet recordkeeping and reporting re-
Requirements. citation], 6/16/2016. quirements.
93116.5 ................................................. Enforcement of Fleet Requirements ..... 3/11/2005 [Insert Federal Register Authority to review and seek enforce-
citation], 6/16/2016. ment action for violation of the fleet
emission standard.
93118.3 ................................................. Airborne Toxic Control Measure for 1/2/2009 [Insert Federal Register Applicability, exemptions, definitions,
Auxiliary Diesel Engines Operated citation], 6/16/2016. vessel in-use operational require-
on Ocean-Going Vessels At-Berth in ments, calculation procedures for
a California Port. certain options, terminal plan require-
ments, reporting and recordkeeping
requirements.
93118.5, excluding (e)(1) ...................... Airborne Toxic Control Measure for 11/19/2008 [Insert Federal Register Applicability, exemptions, definitions,
Commercial Harbor Craft. citation], 6/16/2016. engine emission requirements, alter-
native control provisions, record-
keeping and reporting requirements,
test methods. Excluded subsection
srobinson on DSK5SPTVN1PROD with RULES2
relates to the low sulfur fuel use re-
quirement.
* * * * * * *
1 Table1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists approved California
test procedures, test methods and specifications that are cited in certain regulations listed in Table 1. Approved California statutes that are nonregulatory or quasi-reg-
ulatory are listed in paragraph (e).
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![39444 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations
TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS
State effective Additional
Title/subject EPA approval date
date explanation
* * * * * * *
California Exhaust Emission Standards and Test Procedures 12/4/2003 [Insert Federal Register cita- Submitted by CARB on Au-
for 2001 and Subsequent Model Passenger Cars, Light- tion], 6/16/2016. gust 14, 2015.
Duty Trucks and Medium-Duty Vehicles, as last amended
September 5, 2003.
California Motor Vehicle Emission Control and Smog Index 12/4/2003 [Insert Federal Register cita- Submitted by CARB on Au-
Label Specifications for 1978 through 2003 Model Year Mo- tion], 6/16/2016. gust 14, 2015.\
torcycles, Light-, Medium- and Heavy-Duty Engines and
Vehicles,’’ as last amended September 5, 2003.
California Smog Index Label Specifications for 2004 and Sub- 12/4/2003 [Insert Federal Register cita- Submitted by CARB on Au-
sequent Model Passenger Cars and Light-Duty Trucks,’’ tion], 6/16/2016. gust 14, 2015.
adopted September 5, 2003.
California Refueling Emission Standards and Test Procedures 12/4/2003 [Insert Federal Register cita- Submitted by CARB on Au-
for 2001 and Subsequent Model Motor Vehicles, as last tion], 6/16/2016. gust 14, 2015.
amended September 5, 2003.
California Evaporative Emission Standards and Test Proce- 2/17/2007 [Insert Federal Register cita- Submitted by CARB on Au-
dures for 2001 and Subsequent Model Motor Vehicles, as tion], 6/16/2016. gust 14, 2015.
amended June 22, 2006.
California Refueling Emission Standards and Test Procedures 2/17/2007 [Insert Federal Register cita- Submitted by CARB on Au-
for 2001 and Subsequent Model Motor Vehicles, as last tion], 6/16/2016. gust 14, 2015.
amended June 22, 2006.
California Exhaust Emission Standards Test Procedures for 2/17/2007 [Insert Federal Register cita- Submitted by CARB on Au-
2001 and Subsequent Model Passenger Cars, Light-Duty tion], 6/16/2016. gust 14, 2015.
Trucks, and Medium-Duty Vehicles, as last amended June
22, 2006.
California Exhaust Emission Standards and Test Procedures 8/7/2012 [Insert Federal Register cita- Submitted by CARB on Au-
for 2004 and Subsequent Model Heavy-Duty Diesel En- tion], 6/16/2016. gust 14, 2015.
gines and Vehicles, as last amended March 22, 2012.
California Exhaust Emission Standards and Test Procedures 8/7/2012 [Insert Federal Register cita- Submitted by CARB on Au-
for 2004 and Subsequent Model Heavy-Duty Otto-Cycle tion], 6/16/2016. gust 14, 2015.
Engines, as last amended March 22, 2012.
California Non-Methane Organic Gas Test Procedures, as 8/7/2012 [Insert Federal Register cita- Submitted by CARB on Au-
last amended March 22, 2012. tion], 6/16/2016. gust 14, 2015.
California 2001 through 2014 Model Criteria Pollutant Exhaust 8/7/2012 [Insert Federal Register cita- Submitted by CARB on Au-
Emission Standards and Test Procedures and 2009 tion], 6/16/2016. gust 14, 2015.
through 2016 Model Greenhouse Gas Exhaust Emission
Standards and Test Procedures for Passenger Cars, Light-
Duty Trucks, and Medium-Duty Vehicles, as last amended
March 22, 2012, excluding GHG-related provisions.
California Environmental Performance Label Specifications for 8/7/2012 [Insert Federal Register cita- Submitted by CARB on Au-
2009 and Subsequent Model Year Passenger Cars, Light- tion], 6/16/2016. gust 14, 2015.
Duty Trucks, and Medium-Duty Passenger Vehicles, as last
amended March 22, 2012.
California Evaporative Emission Standards and Test Proce- 8/7/2012 [Insert Federal Register cita- Submitted by CARB on Au-
dures for 2001 and Subsequent Model Motor Vehicles, as tion], 6/16/2016. gust 14, 2015.
last amended March 22, 2012.
California Refueling Emission Standards and Test Procedures 8/7/2012 [Insert Federal Register cita- Submitted by CARB on Au-
for 2001 and Subsequent Model Motor Vehicles, as last tion], 6/16/2016. gust 14, 2015.
amended March 22, 2012.
Specifications for Fill Pipes and Openings of 1977 through 8/7/2012 [Insert Federal Register cita- Submitted by CARB on Au-
2014 Model Motor Vehicle Fuel Tanks, as last amended tion], 6/16/2016. gust 14, 2015.
March 22, 2012.
Specifications for Fill Pipes and Openings of 2015 and Sub- 8/7/2012 [Insert Federal Register cita- Submitted by CARB on Au-
sequent Model Motor Vehicle Fuel Tanks, adopted March tion], 6/16/2016. gust 14, 2015.
22, 2012.
California 2015 and Subsequent Model Criteria Pollutant Ex- 8/7/2012 [Insert Federal Register cita- Submitted by CARB on Au-
haust Emission Standards and Test Procedures and 2017 tion], 6/16/2016. gust 14, 2015.
and Subsequent Model Greenhouse Gas Exhaust Emission
Standards and Test Procedures for Passenger Cars, Light-
Duty Trucks, and Medium-Duty Vehicles, adopted March
srobinson on DSK5SPTVN1PROD with RULES2
22, 2012, excluding GHG-related provisions.
California Exhaust Emission Standards and Test Procedures 8/7/2012 [Insert Federal Register cita- Submitted by CARB on Au-
for 2009 through 2017 Model Zero-Emission Vehicles and tion], 6/16/2016. gust 14, 2015.
Hybrid Electric Vehicles, in the Passenger Car, Light-Duty
Truck, and Medium-Duty Vehicle Classes, as last amended
March 22, 2012, excluding GHG-related provisions.
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![Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39445
TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS—Continued
State effective Additional
Title/subject EPA approval date
date explanation
California Exhaust Emission Standards and Test Procedures 8/7/2012 [Insert Federal Register cita- Submitted by CARB on Au-
for 2018 and Subsequent Model Zero-Emission Vehicles tion], 6/16/2016. gust 14, 2015.
and Hybrid Electric Vehicles, in the Passenger Car, Light-
Duty Truck, and Medium-Duty Vehicle Classes, adopted
March 22, 2012, excluding GHG-related provisions.
California 2015 and Subsequent Model Criteria Pollutant Ex- 12/31/2012 [Insert Federal Register cita- Submitted by CARB on Au-
haust Emission Standards and Test Procedures and 2017 tion], 6/16/2016. gust 14, 2015.
and Subsequent Model Greenhouse Gas Exhaust Emission
Standards and Test Procedures for Passenger Cars, Light-
Duty Trucks, and Medium-Duty Vehicles, as last amended
December 6, 2012, excluding GHG-related provisions.
California 2001 through 2014 Model Criteria Pollutant Exhaust 12/31/2012 [Insert Federal Register cita- Submitted by CARB on Au-
Emission Standards and Test Procedures and 2009 tion], 6/16/2016. gust 14, 2015.
through 2016 Model Greenhouse Gas Exhaust Emission
standards and Test Procedures for Passenger Cars, Light-
Duty Trucks, and Medium-Duty Vehicles, as last amended
December 6, 2012, excluding GHG-related provisions.
California Non-Methane Organic Gas Test Procedures, as 12/31/2012 [Insert Federal Register cita- Submitted by CARB on Au-
last amended December 6, 2012. tion], 6/16/2016. gust 14, 2015.
California Evaporative Emission Standards and Test Proce- 12/31/2012 [Insert Federal Register cita- Submitted by CARB on Au-
dures for 2001 and Subsequent Model Motor Vehicles, as tion], 6/16/2016. gust 14, 2015.
last amended December 6, 2012.
California Exhaust Emission Standards and Test Procedures 12/31/2012 [Insert Federal Register cita- Submitted by CARB on Au-
for 2004 and Subsequent Model Heavy-Duty Otto-Cycle tion], 6/16/2016. gust 14, 2015.
Engines, as last amended December 6, 2012.
California Exhaust Emission Standards and Test Procedures 12/31/2012 [Insert Federal Register cita- Submitted by CARB on Au-
for 2004 and Subsequent Model Heavy-Duty Diesel En- tion], 6/16/2016. gust 14, 2015.
gines and Vehicles, as last amended December 6, 2012.
California Exhaust Emission Standards and Test Procedures 12/31/2012 [Insert Federal Register cita- Submitted by CARB on Au-
for 2009 through 2017 Model Zero-Emission Vehicles and tion], 6/16/2016. gust 14, 2015.
Hybrid Electric Vehicles, in the Passenger Car, Light-Duty
Truck, and Medium-Duty Vehicle Classes, as last amended
December 6, 2012.
California Exhaust Emission Standards and Test Procedures 12/31/2012 [Insert Federal Register cita- Submitted by CARB on Au-
for 2018 and Subsequent Model Zero-Emission Vehicles tion], 6/16/2016. gust 14, 2015.
and Hybrid Vehicles, in the Passenger Car, Light-Duty
Truck, and Medium-Duty Vehicle Classes, adopted Decem-
ber 6, 2012, excluding GHG-related provisions.
California Exhaust Emission Standards and Test Procedures 12/4/2003 [Insert Federal Register cita- Submitted by CARB on Au-
for 2004 and Subsequent Model Heavy-Duty Otto-cycle En- tion], 6/16/2016. gust 14, 2015.
gines, as last amended December 12, 2002.
California Exhaust Emission Standards and Test Procedures 11/17/2002 [Insert Federal Register cita- Submitted by CARB on Au-
for 1985 and Subsequent Model Heavy-Duty Diesel En- tion], 6/16/2016. gust 14, 2015.
gines and Vehicles, as last amended October 25, 2001.
California Motor Vehicle Emission Control and Smog Index 11/22/1999 [Insert Federal Register cita- Submitted by CARB on Au-
Label Specifications, as last amended October 22, 1999. tion], 6/16/2016. gust 14, 2015.
California Exhaust Emission Standards and Test Procedures 11/15/2006 [Insert Federal Register cita- Submitted by CARB on Au-
for 2004 and Subsequent Model Heavy-Duty Diesel En- tion], 6/16/2016. gust 14, 2015.
gines, as last amended September 1, 2006.
California Exhaust Emission Standards and Test Procedures 5/12/2007 [Insert Federal Register cita- Submitted by CARB on Au-
for New 2001 through 2006 Off-Road Large Spark-Ignition tion], 6/16/2016. gust 14, 2015.
Engines, Parts I and II, adopted September 1, 1999 and as
last amended March 2, 2007.
California Exhaust and Evaporative Emission Standards and 5/12/2007 [Insert Federal Register cita- Submitted by CARB on Au-
Test Procedures for 2007 through 2009 Off-Road Large tion], 6/16/2016. gust 14, 2015.
Spark-Ignition Engines, (2007–2009 Test Procedure 1048),
adopted March 2, 2007.
California Exhaust and Evaporative Emission Standards and 5/12/2007 [Insert Federal Register cita- Submitted by CARB on Au-
Test Procedures for New 2010 and Later Off-Road Large tion], 6/16/2016. gust 14, 2015.
Spark-Ignition Engines, (2010 and Later Test Procedure
1048), adopted March 2, 2007.
srobinson on DSK5SPTVN1PROD with RULES2
California Exhaust and Evaporative Emission Standards and 5/12/2007 [Insert Federal Register cita- Submitted by CARB on Au-
Test Procedures for New 2007 and Later Off-Road Large tion], 6/16/2016. gust 14, 2015.
Spark-Ignition Engines (Test Procedures 1065 and 1068),
adopted March 2, 2007.
California Exhaust Emission Standards and Test Procedures 5/5/2010 [Insert Federal Register cita- Submitted by CARB on Au-
for 2005 and Later Small Off-Road Engines, as last amend- tion], 6/16/2016. gust 14, 2015.
ed February 24, 2010.
VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2](https://thefederalregister.org/doc/81_FR_39539/page/23.svg)
![39446 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations
TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS—Continued
State effective Additional
Title/subject EPA approval date
date explanation
California Exhaust Emission Standards and Test Procedures 1/6/2006 [Insert Federal Register cita- Submitted by CARB on Au-
for New 2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road tion], 6/16/2016. gust 14, 2015.
Compression-Ignition Engines, Part I–B, adopted January
28, 2000 and as last amended October 20, 2005.
California Exhaust Emission Standards and Test Procedures 1/6/2006 [Insert Federal Register cita- Submitted by CARB on Au-
for New 1996 and Later Tier 1, Tier 2, and Tier 3 Off-Road tion], 6/16/2016. gust 14, 2015.
Compression-Ignition Engines, Part II, adopted May 12,
1993 and as last amended October 20, 2005.
California Exhaust Emission Standards and Test Procedures 1/6/2006 [Insert Federal Register cita- Submitted by CARB on Au-
for New 2008 and Later Tier 4 Off-Road Compression-Igni- tion], 6/16/2016. gust 14, 2015.
tion Engines, Part I–C, adopted October 20, 2005.
California Exhaust Emission Standards and Test Procedures 8/16/2009 [Insert Federal Register cita- Submitted by CARB on Au-
for 2001 Model Year and Later Spark-Ignition Marine En- tion], 6/16/2016. gust 14, 2015.
gines, as last amended June 5, 2009.
Procedures for Exemption of Add-On and Modified Parts for 8/16/2009 [Insert Federal Register cita- Submitted by CARB on Au-
Off-Road Categories, as last amended June 5, 2009. tion], 6/16/2016. gust 14, 2015.
California Exhaust Emissions Standards and Test Procedures 8/15/2007 [Insert Federal Register cita- Submitted by CARB on Au-
for 1997 and Later Off-Highway Recreational Vehicles, and tion], 6/16/2016. gust 14, 2015.
Engines, as last amended August 15, 2007.
* * * * *
[FR Doc. 2016–13941 Filed 6–15–16; 8:45 am]
BILLING CODE 6560–50–P
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VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4701 Sfmt 9990 E:\FR\FM\16JNR2.SGM 16JNR2](https://thefederalregister.org/doc/81_FR_39539/page/24.svg)
Document Created: 2016-06-16 00:37:37
Document Modified: 2016-06-16 00:37:37
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on July 18, 2016. | |
| Contact | Doris Lo, EPA Region IX, (415) 972- 3959, [email protected] | |
| FR Citation | 81 FR 39423 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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