82 FR 14446 - Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 53 (March 21, 2017)
Federal Register Volume 82, Issue 53 (March 21, 2017)
| Page Range | 14446-14458 | |
| FR Document | 2017-05059 |
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)] [Rules and Regulations] [Pages 14446-14458] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05059] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0043; FRL-9959-00-Region 9] Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the California State Implementation Plan (SIP) consisting of 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 May 22, 2017 without further notice, unless the EPA receives adverse comments by April 20, 2017. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2017-0043 at http://www.regulations.gov, or via email to John Ungvarsky, at [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: John Ungvarsky, EPA Region IX, (415) 972-3963, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Background II. The State's Submittal A. What regulations did the state submit? B. Are there other versions of these regulations? C. What is the purpose of the submitted regulations? D. What requirements do the regulations establish? III. EPA's Evaluation and Final Action A. How is the EPA evaluating the regulations? B. Do the state regulations meet CAA SIP evaluation criteria? C. Final Action and Public Comment. IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background Under the Clean Air Act (CAA or ``Act''), the EPA establishes national ambient air quality standards (NAAQS) to protect public health and welfare, and has established such ambient standards for a number of pervasive air pollutants including ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide, lead and particulate matter. Under section 110(a)(1) of the CAA, states must submit plans that provide for the implementation, maintenance, and enforcement of the NAAQS within each state. Such plans are referred to as SIPs and revisions to those plans are referred to as SIP revisions. Section 110(a)(2) of the CAA sets forth the content requirements for SIPs. Among the various requirements, SIPs must 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 CAA section 110(a)(2)(a). As a general matter, the CAA assigns mobile source regulation to the EPA through title II of the Act and assigns stationary source regulation and SIP development responsibilities to the states through title I of the Act. In so doing, the CAA preempts various types of state regulation of mobile sources as set forth in section 209(a) (preemption of state emissions standards for new motor vehicles and engines), section 209(e) (preemption of state emissions standards for new and in-use off-road vehicles and engines),\1\ and section 211(c)(4)(A) [preemption of state fuel requirements for motor vehicle emission control, i.e., other than California's motor vehicle fuel requirements for motor vehicle emission control--see section 211(c)(4)(B)]. For certain types of mobile source emission standards, the State of California may request a waiver (for motor vehicles) or authorization (for off-road engines and equipment) for standards relating to the control of emissions and accompanying enforcement procedures. See CAA sections 209(b) (new motor vehicles) and 209(e)(2) (most categories of new and in-use off-road vehicles). --------------------------------------------------------------------------- \1\ EPA regulations refer to ``nonroad'' vehicles and engines whereas California regulations refer to ``off-road'' vehicles and engines. These terms refer to the same types of vehicles and engines, and for the purposes of this action, we will be using the state's chosen term, ``off-road,'' to refer to such vehicles and engines. --------------------------------------------------------------------------- [[Page 14447]] Over the years, the California Air Resources Board (CARB) has submitted many requests for waiver or authorization of its standards and other requirements relating to the control of emissions from new on-road and new and in-use off-road vehicles and engines, and the EPA has granted many such requests. For example, the EPA has granted waivers for CARB's Low Emission Vehicle (LEV III) criteria pollutant standards for light- and medium-duty vehicles, and has authorized emissions standards for off-road vehicle categories. See, e.g., 78 FR 2112 (January 9, 2013) (Advanced Clean Cars) and 80 FR 76468 (December 9, 2015) (Off-Road Large Spark-Ignition Engines). Also over the years, CARB has submitted, and the EPA has approved, many local or regional California air district rules regulating stationary source emissions as part of the California SIP. See generally 40 CFR 52.220(c). With respect to mobile sources in general, California has submitted, and the EPA has approved, certain specific state regulatory programs, such as the in-use, heavy-duty, diesel- fueled truck rule, various fuels regulations, and the vehicle inspection and maintenance program (I/M, also known as ``smog check''). See, e.g., 77 FR 20308 (April 4, 2012) (in-use truck and bus regulation), 75 FR 26653 (May 12, 2010) (revisions to California on- road reformulated gasoline and diesel fuel regulations) and 75 FR 38023 (July 1, 2010) (revisions to California motor vehicle I/M program). California relies on these local, regional, and state stationary and mobile source regulations to meet various CAA requirements and includes the corresponding emissions reductions in the various regional air quality plans developed to attain and maintain the NAAQS. The EPA generally allows California to take credit for the corresponding emissions reductions relied upon in the various regional air quality plans because, among other reasons, the regulations are approved as part of the SIP and are thereby federally enforceable as required under CAA section 110(a)(2)(A). However, California also relies on emissions reductions from the regulations for which the EPA has previously granted waivers or authorizations, and historically, the EPA has approved regional air quality plans that take credit for emissions reductions from such regulations, notwithstanding the fact that California has not submitted these particular regulations as part of the California SIP. The EPA's longstanding practice of approving California plans that rely on emissions reductions from such ``waiver measures,'' notwithstanding the lack of approval as part of the SIP, was challenged in several petitions filed in the Ninth Circuit Court of Appeals. In a 2015 decision, the Ninth Circuit held in favor of the petitioners on this issue and concluded that CAA section 110(a)(2)(A) requires that all state and local control measures on which SIPs rely to attain the NAAQS be included in the SIP and thereby subject to enforcement by the EPA and members of the general public. See Committee for a Better Arvin v EPA, 786 F.3d 1169 (9th Cir. 2015). In response to the decision in Committee for a Better Arvin v. EPA, CARB submitted SIP revisions on August 14, 2015, and December 7, 2016, consisting of state mobile source regulations that establish standards and other requirements for the control of emissions from various new on-road and new and in-use off-road vehicles and engines for which the EPA has issued waivers or authorizations and that are relied upon by California regional plans to attain and maintain the NAAQS. The EPA finalized its approval of CARB's August 14, 2015 submittal at 81 FR 39424 (June 16, 2016). In today's action, the EPA is finalizing CARB's December 7, 2016 SIP revision submittal. II. The State's Submittal A. What regulations did the state submit? On December 7, 2016, CARB submitted a SIP revision that included a set of state mobile source regulations for which waivers or authorizations have been granted by the EPA under section 209 of the CAA since August 2015. The SIP revision consists of the regulations themselves and documentation of the public process conducted by CARB in approving the regulations as part of the California SIP. Table 1 below presents the contents of the SIP revision by mobile source category and provides, for each such 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 or in-use vehicles or engines; the corresponding date of CARB's hearing date or Executive Officer 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. Table 1--CARB SIP Revision Submittal Summary ---------------------------------------------------------------------------------------------------------------- Date of relevant CARB Relevant sections of hearing date or Source category California Code of executive officer EPA notice of decision Regulations action ---------------------------------------------------------------------------------------------------------------- 2013 Amendments to the On-Board 13 CCR Sec. 1968.2, August 23, 2012....... 81 FR 78143 (November Diagnostic (OBD) System effective for state law 7, 2016). Requirements Passenger Cars, Light- purposes on July 31, 2013 Duty Trucks, and Medium-Duty \a\. Vehicles and Engines (OBD II). 2013 Amendments to the OBD II 13 CCR Sec. 1968.5, August 23, 2012....... 81 FR 78143 (November Enforcement Regulation. effective for state law 7, 2016). purposes on July 31, 2013 \b\. 2013 Amendments to the Heavy-Duty 13 CCR Sec. 1971.1, August 23, 2012....... 81 FR 78149 (November Engine OBD System Requirements (HD effective for state law 7, 2016). OBD). purposes on July 31, 2013 \a\. 2013 Amendments to HD OBD 13 CCR Sec. 1971.5, August 23, 2012....... 81 FR 78149 (November Enforcement Regulation. effective for state law 7, 2016). purposes on July 31, 2013 \b\. 2008 Amendments to the Off-Road 13 CCR Sec. 2433, November 21, 2008..... 80 FR 76468 (December Large Spark-Ignition (LSI) effective for state law 9, 2015). Regulation. purposes on October 20, 2009. 2010 Amendments to Off-Road LSI 13 CCR Sec. 2775, 2775.1, December 17, 2010..... 80 FR 76468 (December Fleet Regulation. and 2775.2, effective for 9, 2015). state law purposes on December 14, 2011. 2011 Amendments to Small Off-Road 13 CCR Sec. Sec. 2403, December 16, 2011..... 80 FR 76971 (December Engines (SORE) Regulation. 2404, and 2407, effective 11, 2015). for state law purposes on January 10, 2013. [[Page 14448]] 2011 Amendments to Tier 4 Off-Road 13 CCR Sec. Sec. 2421, December 16, 2011..... 80 FR 76971 (December Compression-Ignition (CI) Engines 2423, 2424, 2425, 2425.1, 11, 2015). Regulation. 2426, and 2427, effective for state law purposes on January 10, 2013 \c\. 2010 Amendments to Certification 13 CCR Sec. Sec. 2412, December 16, 2011..... 80 FR 76971 (December Fuel for Off-Road Spark-Ignition 2433, 2447, 2783 and 2784, 11, 2015). (SI) Engines, Equipment and effective for state law Vehicles \d\. purposes on January 10, 2013. ---------------------------------------------------------------------------------------------------------------- NOTES: \a\ Excluding the definitions of the terms ``emission standard,'' ``evaporative emission standards,'' and ``exhaust emission standards'' or ``tailpipe emission standards.'' \b\ Excluding the definition of the term ``nonconforming OBD system.'' \c\ Excluding the optional alternative non-methane hydrocarbon (NMHC) \2\ plus oxides of nitrogen (NOX) Tier 4 exhaust emission standards and associated family emission limits. \d\ Includes Off-Road LSI, Off-Highway Recreational Vehicles and Engines (OHRV), and Spark-Ignition Marine Engines (SIME) off-road mobile source categories. The regulations submitted by CARB and listed in table 1 incorporate by reference documents that establish test procedures and labeling specifications, among other things, and CARB submitted the documents as part of the overall SIP revision. Table 2 lists the incorporated documents included in the SIP submittal. --------------------------------------------------------------------------- \2\ NMHC and reactive organic gases (ROG) are terms used by California in their air quality plans and regulations. NMHC and ROG are essentially synonymous with volatile organic compounds (VOCs). Table 2--Documents Incorporated by Reference in CARB Regulations Listed in Table 1, Above, and Submitted as Part of SIP Revision ------------------------------------------------------------------------ ------------------------------------------------------------------------- Off-Road LSI Engines: California Exhaust and Evaporative Emission Standards and Test Procedures for New 2010 and Later Off-Road Large Spark-Ignition Engines, as last amended November 21, 2008. 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), as last amended October 25, 2012. 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), as last amended October 25, 2012. Small Off-Road Engines (SORE): Test Procedure for Determining Permeation Emissions from Small Off-Road Engines and Equipment Fuel Tanks (TP-901), adopted July 26, 2004. Test Procedure for Determining Diurnal Evaporative Emissions from Small Off-Road Engines and Equipment (TP-902), adopted July 26, 2004. Certification and Approval Procedure for Small Off-Road Engine Fuel Tanks (CP-901), adopted July 26, 2004. Certification and Approval Procedures for Evaporative Emission Control Systems (CP-902), adopted July 26, 2004. California Exhaust Emission Standards and Test Procedures for 2005-2012 Small Off-Road Engines, as last amended October 25, 2012. California Exhaust Emission Standards and Test Procedures for New 2013 and Later Small Off-Road Engines; Engine-Testing Procedures (Part 1054), adopted October 25, 2012. California Exhaust Emission Standards and Test Procedures for New 2013 and Later Small Off-Road Engines; Engine-Testing Procedures (Part 1065), adopted October 25, 2012. Off-Road Compression-Ignition (OFCI) Engines: California Exhaust Emission Standards and Test Procedures for New 2008- 2010 and Later Tier 4 Off-Road Compression-Ignition Engines, as last amended October 25, 2012. California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-D, as last amended October 25, 2012.\a\ California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-F, as last amended October 25, 2012. California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-E, as adopted October 25, 2012. Off-Highway Recreational Vehicles and Engines (OHRVs): California Exhaust Emission Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles and Engines, as last amended October 25, 2012. Spark-Ignition Marine Engines (SIME): California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines, as last amended October 25, 2012. ------------------------------------------------------------------------ Note: \a\ Excluding optional alternative NMHC plus NOX Tier 4 exhaust emission standards and associated family emission limits. We note that CARB has expressly excluded from the December 7, 2016, SIP submittal certain amended provisions of California code that were not included in the related authorization request from CARB to the EPA and thus not included in the EPA's authorization. These provisions pertain to an optional alternative NMHC plus NOX Tier 4 exhaust emission standards and associated family emission limits for OFCI engines; however, the optional alternative was no longer available after December 31, 2014. [[Page 14449]] B. Are there other versions of these regulations? As noted previously, the CAA generally assigns to the EPA the responsibility of establishing standards for the control of emissions from mobile sources. However, the State of California was a pioneer in establishing standards for the control of emissions from new motor vehicles, and, in part due to the state's pioneering efforts, Congress established in 1967 a process under which California, alone among the states, would be granted a waiver from preemption (if certain criteria are met) and thereby enforce its own standards and other requirements for the control of emissions from new motor vehicles. In the 1990 CAA Amendments, Congress extended a similar process that had been established under section 209 for new motor vehicles to new and in-use off-road vehicles and engines. See CAA section 209(e)(2). Under the 1990 CAA Amendments, the EPA must authorize California standards for the control of emissions of off-road vehicles and engines if certain criteria are met. The first waiver granted was for California's On-Road Emissions Standards for Model Year (MY) 1968. See 33 FR 10160 (July 16, 1968). Since then, there have been dozens of waivers and authorizations granted by the EPA for new and amended CARB mobile source regulations. The EPA's Office of Transportation and Air Quality maintains a Web site that provides a general description of the waiver and authorization process and lists all of the various waivers and authorizations granted by the Agency to CARB over the years. See http://www.epa.gov/otaq/cafr.htm. Historically, as noted above, CARB regulations subject to the section 209 waiver or authorization process were not submitted to the EPA as a revision to the California SIP. However, in the wake of the Ninth Circuit's decision in Committee for a Better Arvin v. EPA, on August 14, 2015, CARB submitted a large set of mobile source regulations to the EPA as a SIP revision and the EPA took final approval action on this first set of regulations on June 16, 2016 (81 FR 39424). CARB's initial set of regulations included regulations establishing standards and other requirements relating to the control of emissions from new on-road vehicles and engines, including certain requirements related to OBD systems, and from new and in-use off-road vehicles and engines, including LSI, SORE, CI, OHRV and SIME categories of vehicles and engines. CARB's December 7, 2016 SIP revision submittal contains certain amended OBD regulations for new on-road vehicles and engines and certain amendments to the regulations affecting LSI, SORE, CI, OHRV, and SIME categories of off-road vehicles and engines. C. What is the purpose of the submitted regulations? Historically, California has experienced some of the most severe and most persistent air pollution problems in the country. Under the CAA, based on ambient data collected at numerous sites throughout the state, the EPA has designated areas within California as nonattainment areas for the ozone NAAQS and the particulate matter (PM) NAAQS, which includes both coarse and fine particulate (i.e., PM10 and PM2.5 ). See, generally, 40 CFR 81.305. California also includes a number of areas that had been designated as nonattainment areas for the carbon monoxide NAAQS that the EPA has redesignated as attainment areas because they have attained the standard and are subject to an approved maintenance plan demonstrating how they will maintain the carbon monoxide standard into the future. Mobile source emissions constitute a significant portion of overall emissions of carbon monoxide, volatile organic compounds (VOC), oxides of nitrogen (NOX ), sulfur dioxide (SO2 ) and PM in the various air quality planning areas within California, and thus, the purpose of CARB's mobile source regulations is to reduce these emissions and thereby reduce ambient concentrations to attain and maintain the NAAQS throughout California.\3\ At elevated levels, ozone and PM harm human health and the environment by contributing to premature mortality, aggravation of respiratory and cardiovascular disease, decreased lung function, visibility impairment, and damage to vegetation and ecosystems. --------------------------------------------------------------------------- \3\ VOC and NOX are precursors responsible for the formation of ozone, and NOX and SO2 are precursors for PM2.5 . SO2 belongs to a family of compounds referred to as sulfur oxides. PM2.5 precursors also include VOC and ammonia. See 40 CFR 51.1000. --------------------------------------------------------------------------- D. What requirements do the regulations establish? Table 3 below generally describes the amended regulations listed in table 1 above and summarizes some of the key emissions control requirements contained in the rules. Table 3--General Description of Requirements Established in the Mobile Source Regulations Included in the December 7, 2016 SIP Revision ------------------------------------------------------------------------ Description of requirements in submitted Source category regulation ------------------------------------------------------------------------ OBD II System Requirements The amendments to the OBD II system for Passenger Cars, Light- requirements are found in 13 CCR Sec. Duty Trucks, and Medium-Duty 1968.2, and they became effective for Vehicles and Engines. state law purposes on July 31, 2013. The OBD II amendments primarily affect medium-duty vehicles, to align the OBD II monitoring requirements with those adopted by CARB for heavy-duty diesel engines. For more information about CARB's OBD II regulations, see 81 FR 78143 (November 7, 2016). OBD System Requirements for The amendments to the HD OBD system On-Road Heavy-Duty Engines requirements are found in 13 CCR Sec. (HD OBD). 1971.1, and they became effective for state law purposes on July 31, 2013. The amendments primarily affect the monitoring and performance requirements of HD OBD systems. Specifically, the amendments ``accelerate the start date for OBD system implementation on alternate-fueled engines from the 2020 MY to the 2018 MY, relax some requirements for OBD systems on heavy- duty hybrid vehicles for the 2013 through 2015 MY, relax malfunction thresholds for three major emission control systems (i.e., PM filters, NOX catalysts, and NOX sensors) on diesel engines until the 2016 MY, delay monitoring requirements for some diesel- related components until 2015 to provide further lead time for emission control strategies to stabilize, and clarify requirements for several monitors and standardization.'' See 81 FR 78149 at 78150 (November 7, 2016). [[Page 14450]] OBD II and HD OBD Enforcement The amendments to the OBD II and HD OBD Regulations. enforcement regulations are found in 13 CCR Sec. Sec. 1968.5 and 1971.5, respectively, and they became effective for state law purposes on July 31, 2013. The amendments align the enforcement regulations with the proposed diesel- related changes to the OBD II and HD OBD regulations, specifically the selection criteria of engines/vehicles for the test sample group and the mandatory recall provisions for diesel engines. For more information about CARB's OBD II and HD OBD regulations, see 81 FR 78143 (November 7, 2016) and 81 FR 78149 (November 7, 2016). Off-Road LSI Engines......... The amendments to the LSI new engine emissions standards are found in 13 CCR Sec. 2433, and they became effective for state law purposes on October 20, 2009. The LSI new engine amendments create two new subcategories of LSI engines (i.e., LSI engines less than or equal to 825 cubic centimeters (cc) and LSI engines greater than 825 cc but less than 1.0 liter) and establish exhaust emission standards for new 2011 and subsequent MY LSI engines in each of these new subcategories and establish more stringent standards for the 825 cc through 1 liter subcategory beginning with the 2015 MY. The amendments to LSI fleet requirements are found in 13 CCR Sec. Sec. 2775, 2775.1, and 2775.2 and effective for state law purposes on December 14, 2011. The LSI fleet amendments establish provisions that enhance the compliance flexibility provisions of the existing LSI Fleet regulation. For more information about CARB's LSI regulations, see 80 FR 76468 (December 9, 2015). Small Off-Road Engines (SORE) The amendments are found in 13 CCR Sec. Sec. 2403, 2404, and 2407, and various new or amended test procedures for SORE; these amendments became effective for state law purposes on January 10, 2013. The SORE amendments modify California's existing SORE test procedures by aligning California procedures to be consistent with recent amendments by the EPA to the federal certification and exhaust emission testing requirements at 40 CFR Parts 1054 and 1065. For more information about CARB's SORE regulations, see 80 FR 76971 (December 11, 2015). Tier 4 Off-Road Compression- The amendments are found in 13 CCR Sec. Ignition (CI) Engines. Sec. 2421, 2423, 2424, 2425, 2425.1, 2426, and 2427, and in various new or amended test procedures for off-road CI engines. The amendments became effective for state law purposes on January 10, 2013. The off-road CI engine amendments enhance the harmonization of CARB's exhaust emission requirements for new off-road CI engines with the corresponding federal emissions requirements for nonroad CI engines set forth in 40 CFR Parts 1039, 1065, and 1068. For more information about CARB's Tier 4 off-road CI engine regulations, see 80 FR 76971 (December 11, 2015). Certification Fuel for Off- The amendments are found in 13 CCR Sec. Road CI and SI Engines, Sec. 2412, 2433, 2447, 2783, and 2784, Equipment and Vehicles. and in various new or amended test procedures for SORE, off-road CI engines, LSI engines, OHRV, and recreational marine SI engines. The amendments became effective for state law purposes on January 10, 2013. The amendments to the certification test fuel for off-road SI, gasoline-fueled engines allow the use of 10-percent ethanol-blend of gasoline as an option for certification exhaust emission testing of new gasoline-fueled SORE, LSI, recreational marine, and OHRV off- road categories from the 2013 through 2019 MY, and requires its use for such purposes for these categories beginning with the 2020 MY. For more information, see 80 FR 76971 (December 11, 2015). ------------------------------------------------------------------------ III. EPA's Evaluation and Final Action A. How is the EPA evaluating the regulations? The EPA has evaluated the submitted regulations discussed above against the applicable procedural and substantive requirements of the CAA for SIPs and SIP revisions and has concluded that they meet all of the applicable requirements. Generally, SIPs must include enforceable emission limitations and other control measures, means, or techniques, as well as schedules and timetables for compliance, as may be necessary to meet the requirements of the Act [see CAA section 110(a)(2)(A)]; must provide necessary assurances that the state will have adequate personnel, funding, and authority under state law to carry out such SIP (and is not prohibited by any provision of federal or state law from carrying out such SIP) [see CAA section 110(a)(2)(E)]; must be adopted by a state after reasonable notice and public hearing [see CAA section 110(l)], and must not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the Act [see CAA section 110(l)].\4\ --------------------------------------------------------------------------- \4\ CAA section 193, which prohibits any pre-1990 SIP control requirement relating to nonattainment pollutants in nonattainment areas from being modified unless the SIP is revised to insure equivalent or greater emission reductions of such air pollutants, does not apply to these regulations because they amend regulations previously approved in the California SIP in 2016, and thus, do not constitute an amendment to a pre-1990 SIP control requirement. --------------------------------------------------------------------------- B. Do the state regulations meet CAA SIP evaluation criteria? 1. Did the state provide adequate public notification and comment periods? Under CAA section 110(l), SIP revisions must be adopted by the state, and the state must provide for reasonable public notice and hearing prior to adoption. In 40 CFR 51.102(d), we specify that reasonable public notice in this context refers to at least 30 days. All of the submitted regulations have gone through extensive public comment processes including CARB's workshop and hearing processes prior to state adoption of each rule. Also, the EPA's waiver and authorization processes provide an opportunity for the public to request public hearings to present information relevant to the EPA's consideration of CARB's request for waiver or authorization under section 209 of the CAA and to submit written comment. In addition, on June 19, 2015, CARB published a notice of public hearing to be held on July 23, 2015, to consider adoption and submittal of certain adopted regulations, including those submitted to the EPA on August 15, [[Page 14451]] 2015 (and for which the EPA has already taken action) and those submitted to the EPA on December 7, 2016, as a revision to the California SIP. CARB held the public hearing on July 23, 2015. No written comments were submitted to CARB in connection with the proposed SIP revision, and no public comments were made at the public hearing. CARB adopted the SIP revision at the July 23, 2015 Board Hearing (see Board Resolution 15-40), and submitted the relevant mobile source regulations to the EPA along with evidence of the public process conducted by CARB in adopting the SIP revision. We conclude that CARB's December 7, 2016, SIP revision submittal meets the applicable procedural requirements for SIP revisions under the CAA section 110(l) and 40 CFR 51.102. 2. Does the state have adequate legal authority to implement the regulations? CARB has been granted both general and specific authority under the California Health & Safety Code (H&SC) to adopt and implement these regulations. California H&SC sections 39600 (``Acts required'') and 39601 (``Adoption of regulation; Conformance to federal law'') confer on CARB the general authority and obligation to adopt regulations and measures necessary to execute CARB's powers and duties imposed by state law. California H&SC sections 43013(a) and 43018 provide broad authority to achieve the maximum feasible and cost-effective emission reductions from all mobile source categories. Regarding in-use motor vehicles, California H&SC sections 43600 and 43701(b), respectively, grant CARB authority to adopt emission standards and emission control equipment requirements. As a general matter, as noted above, the CAA assigns mobile source regulation to the EPA through title II of the Act and assigns stationary source regulation and SIP development responsibilities to the states through title I of the Act. In so doing, the CAA preempts various types of state regulation of mobile sources as set forth in section 209(a) (preemption of state emissions standards for new motor vehicles and engines), section 209(e) (preemption of state emissions standards for new and in-use nonroad vehicles and engines) and section 211(c)(4)(A) [preemption of state fuel requirements for motor vehicles, i.e., other than California's motor vehicle fuel requirements for motor vehicle emission control--section 211(c)(4)(B)]. For certain types of mobile source standards, the State of California may request a waiver (for motor vehicles) or authorization (for off-road vehicles or engines) for standards relating to the control of emissions and accompanying enforcement procedures. See CAA sections 209(b) (new motor vehicles) and 209(e)(2) (most categories of new and in-use off-road vehicles). The mobile source regulations that are the subject of today's direct final rule were submitted by CARB under CAA section 209 with a request for waiver or authorization and for which the EPA has granted such waiver or authorization. Thus, the regulations approved today are not preempted under the CAA. For additional information regarding California's motor vehicle emission standards, please see the EPA's ``California Waivers and Authorizations'' Web page at URL address: http://www.epa.gov/otaq/cafr.htm. This Web site also lists relevant Federal Register notices that have been issued by the EPA in response to California waiver and authorization requests. In addition, the EPA is unaware of any non-CAA legal obstacle to CARB's enforcement of the regulations and thus we conclude that the state has provided the necessary assurances that the state has adequate authority under state law to carry out the SIP revision (and is not prohibited by any provision of federal or state law from carrying out such SIP) and thereby meets the requirements of CAA section 110(a)(2)(E) with respect to legal authority. 3. Are the regulations enforceable as required under CAA section 110(a)(2)? We have evaluated the enforceability of the amended mobile source regulations with respect to applicability and exemptions; standard of conduct and compliance dates; sunset provisions; discretionary provisions; and test methods, recordkeeping and reporting,\5\ and have concluded for the reasons given below that the proposed regulations would be enforceable for the purposes of CAA section 110(a)(2). --------------------------------------------------------------------------- \5\ These concepts are discussed in detail in an EPA memorandum from J. Craig Potter, EPA Assistant Administrator for Air and Radiation, et al., titled ``Review of State Implementation Plans and Revisions for Enforceability and Legal Sufficiency,'' dated September 23, 1987. --------------------------------------------------------------------------- First, with respect to applicability, we find that the amended regulations would be sufficiently clear as to which persons and which vehicles or engines are affected by the regulations. See, e.g., 13 CCR section 2775 (applicability provision for off-road LSI engine fleet requirements). Second, we find that the amended regulations would be sufficiently specific so that the persons affected by the regulations would be fairly on notice as to what the requirements and related compliance dates are. For instance, see the fleet average emission level standards for large and medium forklift fleets and non-forklift fleets in 13 CCR section 2775.1(a). Third, none of the submitted regulations contain sunset provisions that automatically repeal the emissions limits by a given date or upon the occurrence of a particular event, such as the change in the designation of an area from nonattainment to attainment. Fourth, a number of the amended regulations contain provisions that allow for discretion on the part of CARB's Executive Officer. Such ``director's discretion'' provisions can undermine enforceability of a SIP regulation, and thus prevent full approval by the EPA. However, in the instances of ``director's discretion'' in the submitted regulations, the discretion that can be exercised by the CARB Executive Officer is reasonably limited under the terms of the regulations. For instance, the HD OBD requirements in 13 CCR section 1971.1 allow a manufacturer to request that the Executive Officer approve to use an alternate definition for engine start (e.g., ignition key ``on'') for hybrid vehicles or for engines employing alternate engine start hardware or strategies (e.g., integrated starter and generators); however, Executive Officer approval of the alternate definition must be based on equivalence to an engine start for a conventional vehicle. With such constraints on discretion, the ``director's discretion'' contained in the amended regulations would not significantly undermine enforceability of the rules by citizens or the EPA. Lastly, the amended regulations identify appropriate test methods and includes adequate recordkeeping and reporting requirements sufficient to ensure compliance with the applicable requirements. The technical support document provides more detail concerning the contents of the amended regulations. 4. Do the regulations interfere with reasonable further progress and attainment or any other applicable requirement of the Act? All of the state's reasonable further progress (RFP), attainment, and maintenance plans rely to some extent on the emission reductions from CARB's mobile source program, including the emissions standards and other requirements for which the EPA has issued waivers or authorizations. For some plans, the reliance is substantial [[Page 14452]] and for others the reliance is less. CARB's mobile source program is reflected in the emissions estimates for mobile sources that are included in the emissions inventories that form the quantitative basis for the RFP, attainment, and maintenance demonstrations. As such, CARB's mobile source regulations submitted for approval as a revision to the California SIP support the various RFP, attainment, and maintenance plans, and would not interfere with such requirements for the purposes of CAA section 110(l). 5. Will the state have adequate personnel and funding for the regulations? In its SIP revision submittal dated August 14, 2015, CARB refers to the annual approval by the California Legislature of funding and staff resources for carrying out CAA-related responsibilities and notes that a large portion of CARB's budget has gone toward meeting CAA mandates.\6\ CARB indicates that a majority of CARB's funding comes from dedicated fees collected from regulated emission sources and other sources such as vehicle registration fees and vehicles license plate fees and that these funds can only be used for air pollution control activities. Id. For the 2014-2015 budget cycle, CARB had over 700 positions and almost $500 million dedicated for the mobile source program developing and enforcing regulations. Id. Given the longstanding nature of CARB's mobile source program, and its documented effectiveness at achieving significant reductions from mobile sources, we find that CARB has provided necessary assurances that the state has adequate personnel and funding to carry out the amended mobile source regulations submitted for approval on December 7, 2016. --------------------------------------------------------------------------- \6\ Letter from Richard W. Corey, Executive Officer, CARB, to Jared Blumenfeld, Regional Administrator, EPA Region IX, August 14, 2015. --------------------------------------------------------------------------- 6. EPA's Evaluation Conclusion Based on the above discussion, we believe these regulations are consistent with the relevant CAA requirements and with relevant EPA policies and guidance. C. Final Action and Public Comment Under section 110(k)(3) of the CAA, and for the reasons given above, we are approving a SIP revision submitted by CARB on December 7, 2016, that includes certain sections of title 13 of the California Code of Regulations that establish standards and other requirements relating to the control of emissions from new and in-use on-road and off-road vehicles and engines. We are approving these regulations as part of the California SIP because we believe they fulfill all relevant CAA requirements. We do not think anyone will object to this approval, so we are finalizing it without proposing it in advance. However, in the Proposed Rules section of this Federal Register, we are simultaneously proposing approval of the same submitted rules. If we receive adverse comments by April 20, 2017, we will publish a timely withdrawal in the Federal Register to notify the public that the direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. If we do not receive timely adverse comments, the direct final approval will be effective without further notice on May 22, 2017. This will incorporate these rules into the federally enforceable SIP. Please note that if the EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, the EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Incorporation by Reference In this rule, the EPA is finalizing rule 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 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, as described in section II of this preamble. 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.\7\ The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). --------------------------------------------------------------------------- \7\ 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 [[Page 14453]] tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 May 22, 2017. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the Proposed Rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that the EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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: January 18, 2017. 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 as amended as follows: 0 a. In paragraph (c), table 1 is amended by: 0 i. By adding entries for ``1968.2(a), (c) (excluding ``emission standard,'' ``evaporative emission standards,'' and ``exhaust emission standards'' or ``tailpipe emission standards''), (d)(3), (d)(4), (e)(6), (e)(15), (f)(1)-(f)(9), (f)(12), (f)(13), (f)(15), (f)(17), (h)(4), (i)(1), (i)(2), and (j)(2)'' and ``1968.5(a)(3) (excluding ``nonconforming OBD II system''), (b)(3), (b)(6), and (c)(3)'' after the three entries for ``1965''; 0 ii. By revising the entry for ``1971.1''; 0 iii. By adding an entry for ``1971.5(a)(3) (excluding amendments to the existing definition for ``nonconforming OBD system''), (b)(3), (b)(6) and (d)(3)'', after the entry for ``1971.5''; 0 iv. By adding an entry for ``2403(b)(2)(B) and (d)'' after the entry for ``2403(b)(2), (b)(3), (b)(4), (d), (e)(1)''; 0 v. By adding an entry for ``2404(c)(4)(A)'' after the entry for ``2404(m)(1), (m)(2), (m)(3)''; 0 vi. By adding an entry for ``2407(a)(7)'' after the entry for ``2406(b)(1), (b)(2)''; 0 vii. By adding an entry for ``2412(c) and (d)(1)'' after the entry for ``2412''; 0 viii. By adding an entry for ``2421(a)(1)-(a)(4), (a)(15), (a)(19)- (a)(65)'' after the entry for ``2421''; 0 ix. By adding an entry for ``2423(a), (b) (excluding optional alternative NO X + NMHC standards and associated family emission limits), (c), (d), (e), (f), (g), (h), (j), (k), (l) and (m)'' after the entry for ``2423''; 0 x. By adding an entry for ``2424(a), (b), (c) and (l)'' after the entry for ``2424(a)''; 0 xi. By adding an entry for ``2425(a)'' after the entry for ``2425(e)''; 0 xii. By revising the entry for ``2425.1''; 0 xiii. By adding an entry for ``2426(a) and (b)'' after the entry for ``2426''; 0 xiv. By adding an entry for ``2427(c)'' after the entry for ``2427''; 0 xv. By adding entries for ``2433(b)(1)(A), (b)(2), (b)(3), (b)(4), (b)(5), (c) and (d)'' and ``2433(c) and (d)(1)'' after the entry for ``2433''; 0 xvi. By revising the entries for ``2447'', ``2775'', ``2775.1'', and ``2775.2''; 0 xvii. By adding a new table entry titled ``Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and Engines Pollution Control Requirements), Article 3 (Verification Procedure, Warranty, and In-Use Compliance Requirements for Retrofits to Control Emissions from Off-Road Large Spark-Ignition Engines)'' after the revised entry ``2775.2''; and under the new heading, adding entries for ``2783(d)(1)-(d)(4)'' and ``2784(c)(1)- (c)(4)''; and 0 b. Paragraph (c), table 2 is amended by: 0 i. By adding an entry for ``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), amended November 21, 2008'' and ``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), amended October 25, 2012'' after the entry for ``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''; 0 ii. By adding entries for ``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), amended October 25, 2012'', ``Small Off-Road Engine and Equipment Evaporative Emissions Test Procedure (TP-901), adopted July 26, 2004'', ``Small Off-Road Engine and Equipment Evaporative Emissions Test Procedure (TP-902), adopted July 26, 2004'', ``Small Off-Road Engine Evaporative Emission Control System Certification Procedure (CP-901), adopted July 26, 2004'', and ``Small Off-Road Engine Evaporative Emission Control System Certification Procedure (CP-902), adopted July 26, 2004'' after the entry for ``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''; 0 iii. By adding entries for ``California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines, as last amended October 25, 2012'', ``California Exhaust [[Page 14454]] Emission Standards and Test Procedures for New 2013 and Later Small Off-Road Engines, Engine-Testing Procedures (Part 1054), adopted October 25, 2012'' and ``California Exhaust Emission Standards and Test Procedures for New 2013 and Later Small Off-Road Engines, Engine- Testing Procedures (Part 1065), adopted October 25, 2012'' after the entry for ``California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines, as last amended February 24, 2010''; 0 iv. By adding entries for ``California Exhaust Emission Standards and Test Procedures for New 2008-2010 Tier 4 Off-Road Compression-Ignition Engines, Part I-C, as last amended October 25, 2012'', ``California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-D, as last amended October 25, 2012 (excluding optional alternative NOX + NMHC standards and associated family emission limits in Sec. 1039.102(e)'', ``California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-F, as last amended October 25, 2012'', and ``California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-E, adopted October 25, 2012'' after the entry for ``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''; 0 v. By adding an entry for ``California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines, as last amended October 25, 2012'' after the entry for ``California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines, as last amended June 5, 2009''; and 0 vi. By adding an entry for ``California Exhaust Emissions Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles and Engines, as last amended October 25, 2012'' after the entry for ``California Exhaust Emissions Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles, and Engines, as last amended August 15, 2007''. The additions and revisions read as follows: Sec. 52.220a Identification of plan--in part. * * * * * (c) * * * Table 1--EPA-Approved Statutes and State Regulations 1 ---------------------------------------------------------------------------------------------------------------- State Additional State citation Title/subject effective date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 1968.2(a), (c) (excluding Malfunction and 7/31/2013 [Insert Federal Provisions relate ``emission standard,'' Diagnostic System Register to On-Board ``evaporative emission Requirements--2004 citation], 03/21/ Diagnostic systems standards,'' and ``exhaust and Subsequent 2017. requirements (OBD emission standards'' or Model-Year II). ``tailpipe emission Passenger Cars, standards''), (d)(3), (d)(4), Light-Duty Trucks, (e)(6), (e)(15), (f)(1)-(f)(9, and Medium-Duty (f)(12), (f)(13), (f)(15), Vehicles and (f)(17), (h)(4), (i)(1), (i)(2), Engines. and (j)(2). 1968.5(a)(3) (excluding Enforcement of 7/31/2013 [Insert Federal Provisions related ``nonconforming OBD II Malfunction and Register to enforcement of system''), (b)(3), (b)(6), and Diagnostic System citation], 03/21/ OBD II (c)(3). Requirements for 2017. requirements. 2004 and Subsequent Model- Year Passenger Cars, Light-Duty Trucks, and Medium- Duty Vehicles and Engines. 1971.1, excluding the following On-Board Diagnostic 7/31/2013 [Insert Federal Amends emission definitions: ``emission System Register standards and standard,'' ``evaporative Requirements--2010 citation], 03/21/ other requirements emission standards,'' and and Subsequent 2017. for On-Board ``exhaust emission standards'' Model-Year Heavy- Diagnostic OBD or ``tailpipe emission Duty Engines. (OBD) systems for standards''). heavy-duty vehicles. * * * * * * * 1971.5(a)(3) (excluding Enforcement of 7/31/2013 [Insert Federal Amends certain amendments to the existing Malfunction and Register enforcement- definition for ``nonconforming Diagnostic System citation], 03/21/ related provisions OBD system''), (b)(3), (b)(6) Requirements for 2017. for the OBD and (d)(3). 2010 and systems Subsequent Model- requirements for Year Heavy-Duty heavy-duty Engines. vehicles. * * * * * * * 2403(b)(2)(B) and (d)............ Exhaust Emission 1/10/2013 [Insert Federal Amends certain Standards and Test Register certification Procedures--Small citation], 03/21/ requirements and Off-Road Engines. 2017. test procedures. * * * * * * * 2404(c)(4)(A).................... Emission Control 1/10/2013 [Insert Federal Amends the rule to Labels and Register revise certain Consumer citation], 03/21/ engine label Information--1995 2017. content and Later Small requirements. Off-Road Engines. [[Page 14455]] * * * * * * * 2407(a)(7)....................... New Engine 1/10/2013 [Insert Federal Specifies use of Compliance and Register certain test Production Line citation], 03/21/ procedures. Testing--New Small 2017. Off-Road Engine Selection, Evaluation, and Enforcement Action. * * * * * * * 2412(c) and (d)(1)............... Emission Standards 1/10/2013 [Insert Federal Updates references and Test Register to test Procedures--New citation], 03/21/ procedures. Off-Highway 2017. Recreational Vehicles and Engines. * * * * * * * 2421(a)(1)-(a)(4), (a)(15), Definitions........ 1/10/2013 [Insert Federal Amends and adds (a)(19)-(a)(65). Register certain defined citation], 03/21/ terms. 2017. * * * * * * * 2423(a), (b) (excluding optional Exhaust Emission 1/10/2013 [Insert Federal Amends the rule to alternative NOX + NMHC standards Standards and Test Register harmonize certain and associated family emission Procedures--Off- citation], 03/21/ aspects of the limits), (c), (d), (e), (f), Road Compression- 2017. California (g), (h), (j), (k), (l) and (m). Ignition Engines. emissions requirements with the corresponding federal emissions requirements. * * * * * * * 2424(a), (b), (c) and (l)........ Emission Control 1/10/2013 [Insert Federal Amends the rule to Labels--1996 and Register reflect updated Later Off-Road citation], 03/21/ test procedures Compression- 2017. and to add Ignition Engines. provisions prohibiting altering or removal of emission control information labels except under certain circumstances. * * * * * * * 2425(a).......................... Defects Warranty 1/10/2013 [Insert Federal Amends the rule to Requirements for Register apply certain 1996 and Later Off- citation], 03/21/ federal warranty- Road Compression- 2017. related Ignition Engines. requirements to 2011 and later model-year compression- ignition engines. 2425.1........................... Defect 1/10/2013 [Insert Federal Amends the rule to Investigation and Register reflect certain Reporting citation], 03/21/ updated test Requirements. 2017. procedures. * * * * * * * 2426(a) and (b).................. Emission Control 1/10/2013 [Insert Federal Amends an existing System Warranty Register SIP rule to make Statement. citation], 03/21/ changes conforming 2017. to the changes made in 13 CCR Sec. 2423. * * * * * * * 2427(c).......................... Production Engine 1/10/2013 [Insert Federal Amends an existing Testing, Register SIP rule to Selection, citation], 03/21/ reflect updated Evaluation, and 2017. test procedures. Enforcement Action. [[Page 14456]] * * * * * * * 2433(b)(1)(A), (b)(2), (b)(3), Emission Standards 10/20/2009 [Insert Federal Amends the rule (b)(4), (b)(5), (c) and (d). and Test Register creating two new Procedures--Off- citation], 03/21/ subcategories of Road Large Spark 2017. LSI engines, Ignition Engines. establishing exhaust and evaporative emissions standards for new 2011 and subsequent model year LSI engines in each of these new subcategories, and establishing more stringent exhaust emissions standards for 2015 and subsequent model year LSI engines with engine displacement 825cc <1.0 L. 2433(c) and (d)(1)............... Emission Standards 1/10/2013 [Insert Federal Amends the rule to and Test Register refer to updated Procedures--Off- citation], 03/21/ test procedures. Road Large Spark 2017. Ignition Engines. * * * * * * * 2447............................. California Exhaust 1/10/2013 [Insert Federal Specifies certain Emission Standards Register test procedures. and Test citation], 03/21/ Procedures for 2017. 2001 Model Year and Later Spark- Ignition Marine Engines. * * * * * * * 2775............................. Applicability...... 12/14/2011 [Insert Federal Applies to Register operators of citation], 03/21/ certain off-road 2017. 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.......... 12/14/2011 [Insert Federal Establishes fleet Register average emission citation], 03/21/ level standards 2017. with certain exceptions. 2775.2........................... Compliance 12/14/2011 [Insert Federal Compliance and Requirements for Register recordkeeping Fleet Operators. citation], 03/21/ requirements, 2017. provisions for extensions in compliance dates. ---------------------------------------------------------------------------------------------------------------- Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and Engines Pollution Control Requirements), Article 3 (Verification Procedure, Warranty, and In-Use Compliance Requirements for Retrofits to Control Emissions from Off-Road Large Spark-Ignition Engines) ---------------------------------------------------------------------------------------------------------------- 2783(d)(1)-(d)(4)................ Emissions Reduction 1/10/2013 [Insert Federal Specifies test Testing Register fuels for Requirements. citation], 03/21/ emissions 2017. reduction testing purposes for gasoline-fueled, off-road, large spark-ignition engines. 2784(c)(1)-(c)(4)................ Durability 1/10/2013 [Insert Federal Specifies test Demonstration Register fuels for Requirements. citation], 03/21/ durability 2017. demonstration purposes for gasoline-fueled, off-road, large spark-ignition engines. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \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 14457]] Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications ---------------------------------------------------------------------------------------------------------------- State Title/subject effective date EPA Approval date Additional explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * California Exhaust and Evaporative 10/20/2009 [Insert Federal Register Submitted by CARB on Emission Standards and Test Procedures citation], 03/21/2017. December 7, 2016. for New 2010 and Later Off-Road Large Spark-Ignition Engines, (2010 and Later Test Procedure 1048), amended November 21, 2008. California Exhaust and Evaporative 1/10/2013 [Insert Federal Register Submitted by CARB on Emission Standards and Test Procedures citation], 03/21/2017. December 7, 2016. for New 2010 and Later Off-Road Large Spark-Ignition Engines, (2010 and Later Test Procedure 1048), amended October 25, 2012. * * * * * * * California Exhaust and Evaporative 1/10/2013 [Insert Federal Register Submitted by CARB on Emission Standards and Test Procedures citation], 03/21/2017. December 7, 2016. for New 2007 and Later Off-Road Large Spark-Ignition Engines (Test Procedures 1065 and 1068), amended October 25, 2012. Small Off-Road Engine and Equipment 10/20/2004 [Insert Federal Register Submitted by CARB on Evaporative Emissions Test Procedure citation], 03/21/2017. December 7, 2016. (TP-901), adopted July 26, 2004. Small Off-Road Engine and Equipment 10/20/2004 [Insert Federal Register Submitted by CARB on Evaporative Emissions Test Procedure citation], 03/21/2017. December 7, 2016. (TP-902), adopted July 26, 2004. Small Off-Road Engine Evaporative 10/20/2004 [Insert Federal Register Submitted by CARB on Emission Control System Certification citation], 03/21/2017. December 7, 2016. Procedure (CP-901), adopted July 26, 2004. Small Off-Road Engine Evaporative 10/20/2004 [Insert Federal Register Submitted by CARB on Emission Control System Certification citation], 03/21/2017. December 7, 2016. Procedure (CP-902), adopted July 26, 2004. * * * * * * * California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on and Test Procedures for 2005 and Later citation], 03/21/2017. December 7, 2016. Small Off-Road Engines, as last amended October 25, 2012. California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on and Test Procedures for New 2013 and citation], 03/21/2017. December 7, 2016. Later Small Off-Road Engines, Engine- Testing Procedures (Part 1054), adopted October 25, 2012. California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on and Test Procedures for New 2013 and citation], 03/21/2017. December 7, 2016. Later Small Off-Road Engines, Engine- Testing Procedures (Part 1065), adopted October 25, 2012. * * * * * * * California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on and Test Procedures for New 2008-2010 citation], 03/21/2017. December 7, 2016. Tier 4 Off-Road Compression-Ignition Engines, Part I-C, as last amended October 25, 2012. California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on and Test Procedures for New 2011 and citation], 03/21/2017. December 7, 2016. Later Tier 4 Off-Road Compression- Ignition Engines, Part I-D, as last amended October 25, 2012 (excluding optional alternative NOX + NMHC standards and associated family emission limits in Sec. 1039.102(e). California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on and Test Procedures for New 2011 and citation], 03/21/2017. December 7, 2016. Later Tier 4 Off-Road Compression- Ignition Engines, Part I-F, as last amended October 25, 2012. California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on and Test Procedures for New 2011 and citation], 03/21/2017. December 7, 2016. Later Tier 4 Off-Road Compression- Ignition Engines, Part I-E, adopted October 25, 2012. * * * * * * * California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on and Test Procedures for 2001 Model Year citation], 03/21/2017. December 7, 2016. and Later Spark-Ignition Marine Engines, as last amended October 25, 2012. * * * * * * * California Exhaust Emissions Standards 1/10/2013 [Insert Federal Register Submitted by CARB on and Test Procedures for 1997 and Later citation], 03/21/2017. December 7, 2016. Off-Highway Recreational Vehicles and Engines, as last amended October 25, 2012. ---------------------------------------------------------------------------------------------------------------- [[Page 14458]] * * * * * [FR Doc. 2017-05059 Filed 3-20-17; 8:45 am] BILLING CODE 6560-50-P
![14446 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI–REGULATORY MEASURES IN THE TEXAS
SIP
State
Applicable geo-
Name of SIP submittal/
graphic or non- EPA approval date Comments
provision effective
attainment area date
* * * * * * *
Second 10-year Carbon Monoxide mainte- El Paso, TX ....... 9/21/2016 3/21/2017 [Insert Federal Register cita-
nance plan (limited maintenance plan) tion].
for the El Paso CO area.
* * * * * electronically any information you monoxide, nitrogen dioxide, sulfur
[FR Doc. 2017–05379 Filed 3–20–17; 8:45 am] consider to be Confidential Business dioxide, lead and particulate matter.
BILLING CODE 6560–50–P Information (CBI) or other information Under section 110(a)(1) of the CAA,
whose disclosure is restricted by statute. states must submit plans that provide
Multimedia submissions (audio, video, for the implementation, maintenance,
ENVIRONMENTAL PROTECTION etc.) must be accompanied by a written and enforcement of the NAAQS within
AGENCY comment. The written comment is each state. Such plans are referred to as
considered the official comment and SIPs and revisions to those plans are
40 CFR Part 52 should include discussion of all points referred to as SIP revisions. Section
[EPA–R09–OAR–2017–0043; FRL–9959–00– you wish to make. The EPA will 110(a)(2) of the CAA sets forth the
Region 9] generally not consider comments or content requirements for SIPs. Among
comment contents located outside of the the various requirements, SIPs must
Approval and Promulgation of primary submission (i.e. on the web, include enforceable emission
Implementation Plans; California; cloud, or other file sharing system). For limitations and other control measures,
California Mobile Source Regulations additional submission methods, please means, or techniques as may be
AGENCY: Environmental Protection contact the person identified in the FOR necessary or appropriate to meet the
Agency (EPA). FURTHER INFORMATION CONTACT section. applicable requirements of the CAA. See
ACTION: Direct final rule.
For the full EPA public comment policy, CAA section 110(a)(2)(a).
information about CBI or multimedia As a general matter, the CAA assigns
SUMMARY: The Environmental Protection submissions, and general guidance on mobile source regulation to the EPA
Agency (EPA) is taking direct final making effective comments, please visit through title II of the Act and assigns
action to approve a revision to the http://www2.epa.gov/dockets/ stationary source regulation and SIP
California State Implementation Plan commenting-epa-dockets. development responsibilities to the
(SIP) consisting of state regulations FOR FURTHER INFORMATION CONTACT: John states through title I of the Act. In so
establishing standards and other Ungvarsky, EPA Region IX, (415) 972– doing, the CAA preempts various types
requirements relating to the control of 3963, ungvarsky.john@epa.gov. of state regulation of mobile sources as
emissions from new on-road and new SUPPLEMENTARY INFORMATION: set forth in section 209(a) (preemption
and in-use off-road vehicles and Throughout this document, ‘‘we,’’ ‘‘us’’ of state emissions standards for new
engines. The EPA is approving the SIP and ‘‘our’’ refer to the EPA. motor vehicles and engines), section
revision because the regulations meet 209(e) (preemption of state emissions
the applicable requirements of the Clean Table of Contents
standards for new and in-use off-road
Air Act. Approval of the regulations as I. Background vehicles and engines),1 and section
part of the California SIP makes them II. The State’s Submittal 211(c)(4)(A) [preemption of state fuel
federally enforceable. A. What regulations did the state submit?
B. Are there other versions of these
requirements for motor vehicle emission
DATES: This rule is effective on May 22, control, i.e., other than California’s
regulations?
2017 without further notice, unless the C. What is the purpose of the submitted motor vehicle fuel requirements for
EPA receives adverse comments by regulations? motor vehicle emission control—see
April 20, 2017. If we receive such D. What requirements do the regulations section 211(c)(4)(B)]. For certain types
comments, we will publish a timely establish? of mobile source emission standards,
withdrawal in the Federal Register to III. EPA’s Evaluation and Final Action the State of California may request a
notify the public that this direct final A. How is the EPA evaluating the waiver (for motor vehicles) or
rule will not take effect. regulations?
authorization (for off-road engines and
B. Do the state regulations meet CAA SIP
ADDRESSES: Submit your comments, equipment) for standards relating to the
evaluation criteria?
identified by Docket ID No. EPA–R09– C. Final Action and Public Comment. control of emissions and accompanying
OAR–2017–0043 at http:// IV. Incorporation by Reference enforcement procedures. See CAA
www.regulations.gov, or via email to V. Statutory and Executive Order Reviews sections 209(b) (new motor vehicles)
John Ungvarsky, at Ungvarsky.John@ and 209(e)(2) (most categories of new
epa.gov. For comments submitted at I. Background and in-use off-road vehicles).
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Regulations.gov, follow the online Under the Clean Air Act (CAA or
instructions for submitting comments. ‘‘Act’’), the EPA establishes national 1 EPA regulations refer to ‘‘nonroad’’ vehicles and
Once submitted, comments cannot be ambient air quality standards (NAAQS) engines whereas California regulations refer to ‘‘off-
removed or edited from Regulations.gov. to protect public health and welfare, road’’ vehicles and engines. These terms refer to the
same types of vehicles and engines, and for the
For either manner of submission, the and has established such ambient purposes of this action, we will be using the state’s
EPA may publish any comment received standards for a number of pervasive air chosen term, ‘‘off-road,’’ to refer to such vehicles
to its public docket. Do not submit pollutants including ozone, carbon and engines.
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TABLE 3—GENERAL DESCRIPTION OF REQUIREMENTS ESTABLISHED IN THE MOBILE SOURCE REGULATIONS INCLUDED IN
THE DECEMBER 7, 2016 SIP REVISION—Continued
Source category Description of requirements in submitted regulation
OBD II and HD OBD Enforcement Regulations The amendments to the OBD II and HD OBD enforcement regulations are found in 13 CCR
§§ 1968.5 and 1971.5, respectively, and they became effective for state law purposes on
July 31, 2013. The amendments align the enforcement regulations with the proposed diesel-
related changes to the OBD II and HD OBD regulations, specifically the selection criteria of
engines/vehicles for the test sample group and the mandatory recall provisions for diesel en-
gines. For more information about CARB’s OBD II and HD OBD regulations, see 81 FR
78143 (November 7, 2016) and 81 FR 78149 (November 7, 2016).
Off-Road LSI Engines ......................................... The amendments to the LSI new engine emissions standards are found in 13 CCR § 2433,
and they became effective for state law purposes on October 20, 2009. The LSI new engine
amendments create two new subcategories of LSI engines (i.e., LSI engines less than or
equal to 825 cubic centimeters (cc) and LSI engines greater than 825 cc but less than 1.0
liter) and establish exhaust emission standards for new 2011 and subsequent MY LSI en-
gines in each of these new subcategories and establish more stringent standards for the
825 cc through 1 liter subcategory beginning with the 2015 MY. The amendments to LSI
fleet requirements are found in 13 CCR §§ 2775, 2775.1, and 2775.2 and effective for state
law purposes on December 14, 2011. The LSI fleet amendments establish provisions that
enhance the compliance flexibility provisions of the existing LSI Fleet regulation. For more
information about CARB’s LSI regulations, see 80 FR 76468 (December 9, 2015).
Small Off-Road Engines (SORE) ....................... The amendments are found in 13 CCR §§ 2403, 2404, and 2407, and various new or amend-
ed test procedures for SORE; these amendments became effective for state law purposes
on January 10, 2013. The SORE amendments modify California’s existing SORE test proce-
dures by aligning California procedures to be consistent with recent amendments by the
EPA to the federal certification and exhaust emission testing requirements at 40 CFR Parts
1054 and 1065. For more information about CARB’s SORE regulations, see 80 FR 76971
(December 11, 2015).
Tier 4 Off-Road Compression-Ignition (CI) En- The amendments are found in 13 CCR §§ 2421, 2423, 2424, 2425, 2425.1, 2426, and 2427,
gines. and in various new or amended test procedures for off-road CI engines. The amendments
became effective for state law purposes on January 10, 2013. The off-road CI engine
amendments enhance the harmonization of CARB’s exhaust emission requirements for new
off-road CI engines with the corresponding federal emissions requirements for nonroad CI
engines set forth in 40 CFR Parts 1039, 1065, and 1068. For more information about
CARB’s Tier 4 off-road CI engine regulations, see 80 FR 76971 (December 11, 2015).
Certification Fuel for Off-Road CI and SI En- The amendments are found in 13 CCR §§ 2412, 2433, 2447, 2783, and 2784, and in various
gines, Equipment and Vehicles. new or amended test procedures for SORE, off-road CI engines, LSI engines, OHRV, and
recreational marine SI engines. The amendments became effective for state law purposes
on January 10, 2013. The amendments to the certification test fuel for off-road SI, gasoline-
fueled engines allow the use of 10-percent ethanol-blend of gasoline as an option for certifi-
cation exhaust emission testing of new gasoline-fueled SORE, LSI, recreational marine, and
OHRV off-road categories from the 2013 through 2019 MY, and requires its use for such
purposes for these categories beginning with the 2020 MY. For more information, see 80 FR
76971 (December 11, 2015).
III. EPA’s Evaluation and Final Action 110(a)(2)(E)]; must be adopted by a state and the state must provide for
after reasonable notice and public reasonable public notice and hearing
A. How is the EPA evaluating the
hearing [see CAA section 110(l)], and prior to adoption. In 40 CFR 51.102(d),
regulations?
must not interfere with any applicable we specify that reasonable public notice
The EPA has evaluated the submitted requirement concerning attainment and in this context refers to at least 30 days.
regulations discussed above against the reasonable further progress, or any other All of the submitted regulations have
applicable procedural and substantive applicable requirement of the Act [see gone through extensive public comment
requirements of the CAA for SIPs and CAA section 110(l)].4 processes including CARB’s workshop
SIP revisions and has concluded that B. Do the state regulations meet CAA and hearing processes prior to state
they meet all of the applicable SIP evaluation criteria? adoption of each rule. Also, the EPA’s
requirements. Generally, SIPs must waiver and authorization processes
include enforceable emission 1. Did the state provide adequate public provide an opportunity for the public to
limitations and other control measures, notification and comment periods? request public hearings to present
means, or techniques, as well as Under CAA section 110(l), SIP information relevant to the EPA’s
schedules and timetables for revisions must be adopted by the state, consideration of CARB’s request for
compliance, as may be necessary to waiver or authorization under section
meet the requirements of the Act [see 4 CAA section 193, which prohibits any pre-1990 209 of the CAA and to submit written
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CAA section 110(a)(2)(A)]; must provide SIP control requirement relating to nonattainment comment.
pollutants in nonattainment areas from being
necessary assurances that the state will modified unless the SIP is revised to insure In addition, on June 19, 2015, CARB
have adequate personnel, funding, and equivalent or greater emission reductions of such published a notice of public hearing to
authority under state law to carry out air pollutants, does not apply to these regulations be held on July 23, 2015, to consider
because they amend regulations previously
such SIP (and is not prohibited by any approved in the California SIP in 2016, and thus,
adoption and submittal of certain
provision of federal or state law from do not constitute an amendment to a pre-1990 SIP adopted regulations, including those
carrying out such SIP) [see CAA section control requirement. submitted to the EPA on August 15,
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2015 (and for which the EPA has request a waiver (for motor vehicles) or specific so that the persons affected by
already taken action) and those authorization (for off-road vehicles or the regulations would be fairly on notice
submitted to the EPA on December 7, engines) for standards relating to the as to what the requirements and related
2016, as a revision to the California SIP. control of emissions and accompanying compliance dates are. For instance, see
CARB held the public hearing on July enforcement procedures. See CAA the fleet average emission level
23, 2015. No written comments were sections 209(b) (new motor vehicles) standards for large and medium forklift
submitted to CARB in connection with and 209(e)(2) (most categories of new fleets and non-forklift fleets in 13 CCR
the proposed SIP revision, and no and in-use off-road vehicles). section 2775.1(a). Third, none of the
public comments were made at the The mobile source regulations that are submitted regulations contain sunset
public hearing. CARB adopted the SIP the subject of today’s direct final rule provisions that automatically repeal the
revision at the July 23, 2015 Board were submitted by CARB under CAA emissions limits by a given date or upon
Hearing (see Board Resolution 15–40), section 209 with a request for waiver or the occurrence of a particular event,
and submitted the relevant mobile authorization and for which the EPA such as the change in the designation of
source regulations to the EPA along has granted such waiver or an area from nonattainment to
with evidence of the public process authorization. Thus, the regulations attainment.
conducted by CARB in adopting the SIP approved today are not preempted Fourth, a number of the amended
revision. We conclude that CARB’s under the CAA. For additional regulations contain provisions that
December 7, 2016, SIP revision information regarding California’s motor allow for discretion on the part of
submittal meets the applicable vehicle emission standards, please see CARB’s Executive Officer. Such
procedural requirements for SIP the EPA’s ‘‘California Waivers and ‘‘director’s discretion’’ provisions can
revisions under the CAA section 110(l) Authorizations’’ Web page at URL undermine enforceability of a SIP
and 40 CFR 51.102. address: http://www.epa.gov/otaq/ regulation, and thus prevent full
cafr.htm. This Web site also lists approval by the EPA. However, in the
2. Does the state have adequate legal relevant Federal Register notices that instances of ‘‘director’s discretion’’ in
authority to implement the regulations? have been issued by the EPA in the submitted regulations, the discretion
CARB has been granted both general response to California waiver and that can be exercised by the CARB
and specific authority under the authorization requests. Executive Officer is reasonably limited
California Health & Safety Code (H&SC) In addition, the EPA is unaware of under the terms of the regulations. For
to adopt and implement these any non-CAA legal obstacle to CARB’s instance, the HD OBD requirements in
regulations. California H&SC sections enforcement of the regulations and thus 13 CCR section 1971.1 allow a
39600 (‘‘Acts required’’) and 39601 we conclude that the state has provided manufacturer to request that the
(‘‘Adoption of regulation; Conformance the necessary assurances that the state Executive Officer approve to use an
to federal law’’) confer on CARB the has adequate authority under state law alternate definition for engine start (e.g.,
general authority and obligation to to carry out the SIP revision (and is not ignition key ‘‘on’’) for hybrid vehicles or
adopt regulations and measures prohibited by any provision of federal or for engines employing alternate engine
necessary to execute CARB’s powers state law from carrying out such SIP) start hardware or strategies (e.g.,
and duties imposed by state law. and thereby meets the requirements of integrated starter and generators);
California H&SC sections 43013(a) and CAA section 110(a)(2)(E) with respect to however, Executive Officer approval of
43018 provide broad authority to legal authority. the alternate definition must be based
achieve the maximum feasible and cost- on equivalence to an engine start for a
effective emission reductions from all 3. Are the regulations enforceable as conventional vehicle. With such
mobile source categories. Regarding in- required under CAA section 110(a)(2)? constraints on discretion, the ‘‘director’s
use motor vehicles, California H&SC We have evaluated the enforceability discretion’’ contained in the amended
sections 43600 and 43701(b), of the amended mobile source regulations would not significantly
respectively, grant CARB authority to regulations with respect to applicability undermine enforceability of the rules by
adopt emission standards and emission and exemptions; standard of conduct citizens or the EPA.
control equipment requirements. and compliance dates; sunset Lastly, the amended regulations
As a general matter, as noted above, provisions; discretionary provisions; identify appropriate test methods and
the CAA assigns mobile source and test methods, recordkeeping and includes adequate recordkeeping and
regulation to the EPA through title II of reporting,5 and have concluded for the reporting requirements sufficient to
the Act and assigns stationary source reasons given below that the proposed ensure compliance with the applicable
regulation and SIP development regulations would be enforceable for the requirements. The technical support
responsibilities to the states through purposes of CAA section 110(a)(2). document provides more detail
title I of the Act. In so doing, the CAA First, with respect to applicability, we concerning the contents of the amended
preempts various types of state find that the amended regulations regulations.
regulation of mobile sources as set forth would be sufficiently clear as to which
in section 209(a) (preemption of state 4. Do the regulations interfere with
persons and which vehicles or engines
emissions standards for new motor reasonable further progress and
are affected by the regulations. See, e.g.,
vehicles and engines), section 209(e) attainment or any other applicable
13 CCR section 2775 (applicability
(preemption of state emissions requirement of the Act?
provision for off-road LSI engine fleet
standards for new and in-use nonroad requirements). All of the state’s reasonable further
vehicles and engines) and section Second, we find that the amended progress (RFP), attainment, and
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211(c)(4)(A) [preemption of state fuel regulations would be sufficiently maintenance plans rely to some extent
requirements for motor vehicles, i.e., on the emission reductions from CARB’s
other than California’s motor vehicle 5 These concepts are discussed in detail in an mobile source program, including the
fuel requirements for motor vehicle EPA memorandum from J. Craig Potter, EPA emissions standards and other
Assistant Administrator for Air and Radiation, et
emission control—section 211(c)(4)(B)]. al., titled ‘‘Review of State Implementation Plans
requirements for which the EPA has
For certain types of mobile source and Revisions for Enforceability and Legal issued waivers or authorizations. For
standards, the State of California may Sufficiency,’’ dated September 23, 1987. some plans, the reliance is substantial
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![14454 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations
Emission Standards and Test as last amended October 25, 2012 last amended October 25, 2012’’ after
Procedures for New 2013 and Later (excluding optional alternative NOX + the entry for ‘‘California Exhaust
Small Off-Road Engines, Engine-Testing NMHC standards and associated family Emission Standards and Test
Procedures (Part 1054), adopted October emission limits in § 1039.102(e)’’, Procedures for 2001 Model Year and
25, 2012’’ and ‘‘California Exhaust ‘‘California Exhaust Emission Standards Later Spark-Ignition Marine Engines, as
Emission Standards and Test and Test Procedures for New 2011 and last amended June 5, 2009’’; and
Procedures for New 2013 and Later Later Tier 4 Off-Road Compression- ■ vi. By adding an entry for ‘‘California
Small Off-Road Engines, Engine-Testing Ignition Engines, Part I–F, as last Exhaust Emissions Standards and Test
Procedures (Part 1065), adopted October amended October 25, 2012’’, and Procedures for 1997 and Later Off-
25, 2012’’ after the entry for ‘‘California ‘‘California Exhaust Emission Standards Highway Recreational Vehicles and
Exhaust Emission Standards and Test and Test Procedures for New 2011 and Engines, as last amended October 25,
Procedures for 2005 and Later Small Later Tier 4 Off-Road Compression- 2012’’ after the entry for ‘‘California
Off-Road Engines, as last amended Ignition Engines, Part I–E, adopted Exhaust Emissions Standards and Test
February 24, 2010’’; October 25, 2012’’ after the entry for Procedures for 1997 and Later Off-
■ iv. By adding entries for ‘‘California ‘‘California Exhaust Emission Standards Highway Recreational Vehicles, and
Exhaust Emission Standards and Test and Test Procedures for New 2008 and Engines, as last amended August 15,
Procedures for New 2008–2010 Tier 4 Later Tier 4 Off-Road Compression- 2007’’.
Off-Road Compression-Ignition Engines, Ignition Engines, Part I–C, adopted The additions and revisions read as
Part I–C, as last amended October 25, October 20, 2005’’; follows:
2012’’, ‘‘California Exhaust Emission ■ v. By adding an entry for ‘‘California
Standards and Test Procedures for New Exhaust Emission Standards and Test § 52.220a Identification of plan—in part.
2011 and Later Tier 4 Off-Road Procedures for 2001 Model Year and * * * * *
Compression-Ignition Engines, Part I–D, Later Spark-Ignition Marine Engines, as (c) * * *
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1
State effective
State citation Title/subject EPA approval date Additional explanation
date
* * * * * * *
1968.2(a), (c) (excluding Malfunction and Diagnostic 7/31/2013 [Insert Federal Register cita- Provisions relate to On-Board
‘‘emission standard,’’ System Requirements— tion], 03/21/2017. Diagnostic systems require-
‘‘evaporative emission 2004 and Subsequent ments (OBD II).
standards,’’ and ‘‘exhaust Model-Year Passenger
emission standards’’ or Cars, Light-Duty Trucks,
‘‘tailpipe emission stand- and Medium-Duty Vehicles
ards’’), (d)(3), (d)(4), (e)(6), and Engines.
(e)(15), (f)(1)–(f)(9, (f)(12),
(f)(13), (f)(15), (f)(17), (h)(4),
(i)(1), (i)(2), and (j)(2).
1968.5(a)(3) (excluding ‘‘non- Enforcement of Malfunction 7/31/2013 [Insert Federal Register cita- Provisions related to enforce-
conforming OBD II sys- and Diagnostic System Re- tion], 03/21/2017. ment of OBD II require-
tem’’), (b)(3), (b)(6), and quirements for 2004 and ments.
(c)(3). Subsequent Model-Year
Passenger Cars, Light-Duty
Trucks, and Medium-Duty
Vehicles and Engines.
1971.1, excluding the fol- On-Board Diagnostic System 7/31/2013 [Insert Federal Register cita- Amends emission standards
lowing definitions: ‘‘emission Requirements—2010 and tion], 03/21/2017. and other requirements for
standard,’’ ‘‘evaporative Subsequent Model-Year On-Board Diagnostic OBD
emission standards,’’ and Heavy-Duty Engines. (OBD) systems for heavy-
‘‘exhaust emission stand- duty vehicles.
ards’’ or ‘‘tailpipe emission
standards’’).
* * * * * * *
1971.5(a)(3) (excluding Enforcement of Malfunction 7/31/2013 [Insert Federal Register cita- Amends certain enforcement-
amendments to the existing and Diagnostic System Re- tion], 03/21/2017. related provisions for the
definition for ‘‘noncon- quirements for 2010 and OBD systems requirements
forming OBD system’’), Subsequent Model-Year for heavy-duty vehicles.
(b)(3), (b)(6) and (d)(3). Heavy-Duty Engines.
* * * * * * *
2403(b)(2)(B) and (d) .............. Exhaust Emission Standards 1/10/2013 [Insert Federal Register cita- Amends certain certification
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and Test Procedures— tion], 03/21/2017. requirements and test pro-
Small Off-Road Engines. cedures.
* * * * * * *
2404(c)(4)(A) ........................... Emission Control Labels and 1/10/2013 [Insert Federal Register cita- Amends the rule to revise
Consumer Information— tion], 03/21/2017. certain engine label content
1995 and Later Small Off- requirements.
Road Engines.
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TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State effective
State citation Title/subject EPA approval date Additional explanation
date
* * * * * * *
2407(a)(7) ............................... New Engine Compliance and 1/10/2013 [Insert Federal Register cita- Specifies use of certain test
Production Line Testing— tion], 03/21/2017. procedures.
New Small Off-Road En-
gine Selection, Evaluation,
and Enforcement Action.
* * * * * * *
2412(c) and (d)(1) ................... Emission Standards and Test 1/10/2013 [Insert Federal Register cita- Updates references to test
Procedures—New Off-High- tion], 03/21/2017. procedures.
way Recreational Vehicles
and Engines.
* * * * * * *
2421(a)(1)–(a)(4), (a)(15), Definitions .............................. 1/10/2013 [Insert Federal Register cita- Amends and adds certain de-
(a)(19)–(a)(65). tion], 03/21/2017. fined terms.
* * * * * * *
2423(a), (b) (excluding op- Exhaust Emission Standards 1/10/2013 [Insert Federal Register cita- Amends the rule to har-
tional alternative NOX + and Test Procedures—Off- tion], 03/21/2017. monize certain aspects of
NMHC standards and asso- Road Compression-Ignition the California emissions re-
ciated family emission lim- Engines. quirements with the cor-
its), (c), (d), (e), (f), (g), (h), responding federal emis-
(j), (k), (l) and (m). sions requirements.
* * * * * * *
2424(a), (b), (c) and (l) ........... Emission Control Labels— 1/10/2013 [Insert Federal Register cita- Amends the rule to reflect up-
1996 and Later Off-Road tion], 03/21/2017. dated test procedures and
Compression-Ignition En- to add provisions prohib-
gines. iting altering or removal of
emission control informa-
tion labels except under
certain circumstances.
* * * * * * *
2425(a) .................................... Defects Warranty Require- 1/10/2013 [Insert Federal Register cita- Amends the rule to apply cer-
ments for 1996 and Later tion], 03/21/2017. tain federal warranty-re-
Off-Road Compression-Ig- lated requirements to 2011
nition Engines. and later model-year com-
pression-ignition engines.
2425.1 ..................................... Defect Investigation and Re- 1/10/2013 [Insert Federal Register cita- Amends the rule to reflect
porting Requirements. tion], 03/21/2017. certain updated test proce-
dures.
* * * * * * *
2426(a) and (b) ....................... Emission Control System 1/10/2013 [Insert Federal Register cita- Amends an existing SIP rule
Warranty Statement. tion], 03/21/2017. to make changes con-
forming to the changes
made in 13 CCR § 2423.
* * * * * * *
2427(c) .................................... Production Engine Testing, 1/10/2013 [Insert Federal Register cita- Amends an existing SIP rule
Selection, Evaluation, and tion], 03/21/2017. to reflect updated test pro-
Enforcement Action. cedures.
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TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State effective
State citation Title/subject EPA approval date Additional explanation
date
* * * * * * *
2433(b)(1)(A), (b)(2), (b)(3), Emission Standards and Test 10/20/2009 [Insert Federal Register cita- Amends the rule creating two
(b)(4), (b)(5), (c) and (d). Procedures—Off-Road tion], 03/21/2017. new subcategories of LSI
Large Spark Ignition En- engines, establishing ex-
gines. haust and evaporative
emissions standards for
new 2011 and subsequent
model year LSI engines in
each of these new subcat-
egories, and establishing
more stringent exhaust
emissions standards for
2015 and subsequent
model year LSI engines
with engine displacement
825cc <1.0 L.
2433(c) and (d)(1) ................... Emission Standards and Test 1/10/2013 [Insert Federal Register cita- Amends the rule to refer to
Procedures—Off-Road tion], 03/21/2017. updated test procedures.
Large Spark Ignition En-
gines.
* * * * * * *
2447 ........................................ California Exhaust Emission 1/10/2013 [Insert Federal Register cita- Specifies certain test proce-
Standards and Test Proce- tion], 03/21/2017. dures.
dures for 2001 Model Year
and Later Spark-Ignition
Marine Engines.
* * * * * * *
2775 ........................................ Applicability ............................ 12/14/2011 [Insert Federal Register cita- Applies to operators of certain
tion], 03/21/2017. off-road LSI engine forklifts,
sweepers/scrubbers, indus-
trial tow tractors or airport
ground support equipment
operated within the State of
California. Exemptions pro-
vided for small fleets and
certain other equipment. In-
cludes definitions.
2775.1 ..................................... Standards ............................... 12/14/2011 [Insert Federal Register cita- Establishes fleet average
tion], 03/21/2017. emission level standards
with certain exceptions.
2775.2 ..................................... Compliance Requirements for 12/14/2011 [Insert Federal Register cita- Compliance and record-
Fleet Operators. tion], 03/21/2017. keeping requirements, pro-
visions for extensions in
compliance dates.
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and Engines Pollution Control
Requirements), Article 3 (Verification Procedure, Warranty, and In-Use Compliance Requirements for Retrofits to Control Emis-
sions from Off-Road Large Spark-Ignition Engines)
2783(d)(1)–(d)(4) .................... Emissions Reduction Testing 1/10/2013 [Insert Federal Register cita- Specifies test fuels for emis-
Requirements. tion], 03/21/2017. sions reduction testing pur-
poses for gasoline-fueled,
off-road, large spark-igni-
tion engines.
2784(c)(1)–(c)(4) ..................... Durability Demonstration Re- 1/10/2013 [Insert Federal Register cita- Specifies test fuels for dura-
quirements. tion], 03/21/2017. bility demonstration pur-
poses for gasoline-fueled,
off-road, large spark-igni-
tion engines.
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* * * * * * *
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).
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![Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations 14457
TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS
State effective
Title/subject EPA Approval date Additional explanation
date
* * * * * * *
California Exhaust and Evaporative Emission Standards and 10/20/2009 [Insert Federal Register cita- Submitted by CARB on De-
Test Procedures for New 2010 and Later Off-Road Large tion], 03/21/2017. cember 7, 2016.
Spark-Ignition Engines, (2010 and Later Test Procedure
1048), amended November 21, 2008.
California Exhaust and Evaporative Emission Standards and 1/10/2013 [Insert Federal Register cita- Submitted by CARB on De-
Test Procedures for New 2010 and Later Off-Road Large tion], 03/21/2017. cember 7, 2016.
Spark-Ignition Engines, (2010 and Later Test Procedure
1048), amended October 25, 2012.
* * * * * * *
California Exhaust and Evaporative Emission Standards and 1/10/2013 [Insert Federal Register cita- Submitted by CARB on De-
Test Procedures for New 2007 and Later Off-Road Large tion], 03/21/2017. cember 7, 2016.
Spark-Ignition Engines (Test Procedures 1065 and 1068),
amended October 25, 2012.
Small Off-Road Engine and Equipment Evaporative Emis- 10/20/2004 [Insert Federal Register cita- Submitted by CARB on De-
sions Test Procedure (TP–901), adopted July 26, 2004. tion], 03/21/2017. cember 7, 2016.
Small Off-Road Engine and Equipment Evaporative Emis- 10/20/2004 [Insert Federal Register cita- Submitted by CARB on De-
sions Test Procedure (TP–902), adopted July 26, 2004. tion], 03/21/2017. cember 7, 2016.
Small Off-Road Engine Evaporative Emission Control System 10/20/2004 [Insert Federal Register cita- Submitted by CARB on De-
Certification Procedure (CP–901), adopted July 26, 2004. tion], 03/21/2017. cember 7, 2016.
Small Off-Road Engine Evaporative Emission Control System 10/20/2004 [Insert Federal Register cita- Submitted by CARB on De-
Certification Procedure (CP–902), adopted July 26, 2004. tion], 03/21/2017. cember 7, 2016.
* * * * * * *
California Exhaust Emission Standards and Test Procedures 1/10/2013 [Insert Federal Register cita- Submitted by CARB on De-
for 2005 and Later Small Off-Road Engines, as last amend- tion], 03/21/2017. cember 7, 2016.
ed October 25, 2012.
California Exhaust Emission Standards and Test Procedures 1/10/2013 [Insert Federal Register cita- Submitted by CARB on De-
for New 2013 and Later Small Off-Road Engines, Engine- tion], 03/21/2017. cember 7, 2016.
Testing Procedures (Part 1054), adopted October 25, 2012.
California Exhaust Emission Standards and Test Procedures 1/10/2013 [Insert Federal Register cita- Submitted by CARB on De-
for New 2013 and Later Small Off-Road Engines, Engine- tion], 03/21/2017. cember 7, 2016.
Testing Procedures (Part 1065), adopted October 25, 2012.
* * * * * * *
California Exhaust Emission Standards and Test Procedures 1/10/2013 [Insert Federal Register cita- Submitted by CARB on De-
for New 2008–2010 Tier 4 Off-Road Compression-Ignition tion], 03/21/2017. cember 7, 2016.
Engines, Part I–C, as last amended October 25, 2012.
California Exhaust Emission Standards and Test Procedures 1/10/2013 [Insert Federal Register cita- Submitted by CARB on De-
for New 2011 and Later Tier 4 Off-Road Compression-Igni- tion], 03/21/2017. cember 7, 2016.
tion Engines, Part I–D, as last amended October 25, 2012
(excluding optional alternative NOX + NMHC standards and
associated family emission limits in § 1039.102(e).
California Exhaust Emission Standards and Test Procedures 1/10/2013 [Insert Federal Register cita- Submitted by CARB on De-
for New 2011 and Later Tier 4 Off-Road Compression-Igni- tion], 03/21/2017. cember 7, 2016.
tion Engines, Part I–F, as last amended October 25, 2012.
California Exhaust Emission Standards and Test Procedures 1/10/2013 [Insert Federal Register cita- Submitted by CARB on De-
for New 2011 and Later Tier 4 Off-Road Compression-Igni- tion], 03/21/2017. cember 7, 2016.
tion Engines, Part I–E, adopted October 25, 2012.
* * * * * * *
California Exhaust Emission Standards and Test Procedures 1/10/2013 [Insert Federal Register cita- Submitted by CARB on De-
for 2001 Model Year and Later Spark-Ignition Marine En- tion], 03/21/2017. cember 7, 2016.
gines, as last amended October 25, 2012.
* * * * * * *
California Exhaust Emissions Standards and Test Procedures 1/10/2013 [Insert Federal Register cita- Submitted by CARB on De-
for 1997 and Later Off-Highway Recreational Vehicles and tion], 03/21/2017. cember 7, 2016.
Engines, as last amended October 25, 2012.
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![14458 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations
* * * * * approved SIPs, as a result of 2. Removing the five existing entries for
[FR Doc. 2017–05059 Filed 3–20–17; 8:45 am] consultations between EPA and the chapter 7, section 799 with an EPA approval
BILLING CODE 6560–50–P Office of the Federal Register (OFR). The date prior to April 29, 2013.
description of the revised SIP C. In 40 CFR 52.470(e)
document, IBR procedures and Revising the Applicable Geographic Area
ENVIRONMENTAL PROTECTION ‘‘Identification of plan’’ format are from ‘‘Statewide’’ to ‘‘District of Columbia’’
AGENCY discussed in further detail in the May for the following titled areas currently found
22, 1997 Federal Register document. On within 52.470(e): Regional Haze Plan; Section
40 CFR Part 52 December 7, 1998 (63 FR 67407), EPA 110(a)(2) Infrastructure Requirements for the
[DC104–2052; FRL–9955–98–Region 3] published a document in the Federal 2008 Lead NAAQS; the Clean Air Act (CAA)
Register beginning the new IBR section 128 requirements in relation to State
Air Plan Approval; District of Boards; section 110(a)(2) Infrastructure
procedure for the District of Columbia.
Requirements for the 2010 Nitrogen Dioxide
Columbia; Update to Materials On August 6, 2004 (69 FR 47773), (NO2) National Ambient Air Quality
Incorporated by Reference September 6, 2005 (70 FR 52919), March Standards (NAAQS); Section 110(a)(2)
19, 2009 (74 FR 11647), and February Infrastructure Requirements for the 2008
AGENCY: Environmental Protection
22, 2011 (76 FR 9652), EPA published Ozone NAAQS; Section 110(a)(2)
Agency (EPA).
updates to the IBR material for the Infrastructure Requirements for the 2010
ACTION: Final rule; notice of District of Columbia. Sulfur Dioxide (SO2) NAAQS; Emergency Air
administrative change. Pollution Plan; and the Interstate Pollution
Since the publication of the last IBR Transport Requirements for the 2010 NO2
SUMMARY: The Environmental Protection update, EPA has approved the following NAAQS.
Agency (EPA) is updating the materials regulatory changes to the following
that are incorporated by reference (IBR) District of Columbia regulations: III. Good Cause Exemption
into the District of Columbia state A. Added Regulations and Statutes EPA has determined that today’s rule
implementation plan (SIP). The falls under the ‘‘good cause’’ exemption
1. Chapter 2 (General and Non-attainment
regulations affected by this update have Area Permits), sections 208 and 210. in section 553(b)(3)(B) of the
been previously submitted by the 2. Chapter 7 (Volatile Organic Administrative Procedures Act (APA)
District of Columbia Department of Compounds), sections 714, 755 through 758 which, upon finding ‘‘good cause,’’
Energy and Environment (DoEE) and inclusive, and 763 through 778 inclusive. authorizes agencies to dispense with
approved by EPA. This update affects 3. DC Official Code, Title I, Chapter 11A, public participation and section
the SIP materials that are available for (Government Ethics and Accountability), 553(d)(3) which allows an agency to
public inspection at the National sections 1–1161.01(Definitions), 1–1161.23 make a rule effective immediately
Archives and Records Administration (Conflicts of Interest), 1–1161.24 (Public (thereby avoiding the 30-day delayed
(NARA) and the EPA Regional Office. Reporting), and 1–1161.25 (Confidential
effective date otherwise provided for in
Disclosure of Financial Interest).
DATES: This action is effective March 21, the APA). This rule simply codifies
2017. B. Revised Regulations provisions which are already in effect as
ADDRESSES: SIP materials which are 1. Chapter 1 (General), sections 100 and a matter of law in federal and approved
incorporated by reference into 40 CFR 199. state programs. Under section 553 of the
2. Chapter 2 (General and Non-attainment APA, an agency may find good cause
part 52 are available for inspection at Area Permits), sections 200, 204, and 299.
the following locations: Air Protection where procedures are ‘‘impractical,
3. Chapter 7, (Volatile Organic unnecessary, or contrary to the public
Division, U.S. Environmental Protection Compounds), sections 700, 710, 715 through
Agency, Region III, 1650 Arch Street, interest.’’ Public comment is
737 inclusive, 743 through 749, 751 through
Philadelphia, Pennsylvania 19103; and 754 inclusive, and 799. ‘‘unnecessary’’ and ‘‘contrary to the
NARA. For information on the 4. Chapter 10, title change to Air Quality— public interest’’ since the codification
availability of this material at NARA, Non EGU Limits on Nitrogen Oxides only reflects existing law. Immediate
call 202–741–6030, or go to: http:// Emissions, as well as title changes and notice in the Code of Federal Register
www.archives.gov/federal_register/ revisions to sections 1001 through 1004. benefits the public by removing
code_of_federal_regulations/ibr_ C. Removed Regulations outdated citations and incorrect table
locations.html. To view the material at entries.
1. Chapter 2 (General and Non-attainment
the EPA, Region III Office, EPA requests Area Permits), section 206 IV. Incorporation by Reference
that you email the contact listed in the 2. Chapter 7, (Volatile Organic
In this rule, the EPA is finalizing
FOR FURTHER INFORMATION CONTACT Compounds), sections 707, 708, 738 through
742 inclusive, and 750. regulatory text that includes
section.
3. Chapter 10 (Air Quality—Non EGU incorporation by reference. In
FOR FURTHER INFORMATION CONTACT: Limits on Nitrogen Oxides Emissions), accordance with requirements of 1 CFR
Sharon McCauley, (215) 814–3376 or by sections 1005 through 1014 inclusive, and 51.5, the EPA is finalizing the
email at mccauley.sharon@epa.gov. 1099. incorporation by reference of previously
SUPPLEMENTARY INFORMATION: EPA approved regulations promulgated
II. EPA Action
by the District of Columbia and
I. Background federally effective prior to July 1, 2016.
In this action, EPA is doing the
The SIP is a living document which following: Therefore, these materials have been
the state revises as necessary to address approved by EPA for inclusion in the
pmangrum on DSK4SPTVN1PROD with RULES
A. In 40 CFR 52.470(b)
its unique air pollution problems. SIP, have been incorporated by
Therefore, EPA, from time to time, must Announcing the update to the IBR material reference by EPA into that plan, are
take action on SIP revisions containing as of July 1, 2016 and revising the text within fully federally enforceable under
40 CFR 52.470(b).
new and/or revised regulations as being sections 110 and 113 of the CAA as of
part of the SIP. On May 22, 1997 (62 FR B. In 40 CFR 52.470(c) the effective date of the final rulemaking
27968), EPA revised the procedures for 1. Correcting a typographical error in the of EPA’s approval, and will be
incorporating by reference federally title for chapter 7, section 702. incorporated by reference by the
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Document Created: 2017-03-21 01:09:30
Document Modified: 2017-03-21 01:09:30
| 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 | Direct final rule. | |
| Dates | This rule is effective on May 22, 2017 without further notice, unless the EPA receives adverse comments by April 20, 2017. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. | |
| Contact | John Ungvarsky, EPA Region IX, (415) 972-3963, [email protected] | |
| FR Citation | 82 FR 14446 | |
| 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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