82 FR 45548 - Approval of California Air Plan Revisions; Anti-Idling Regulations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 188 (September 29, 2017)

Page Range		45548-45549
FR Document		2017-20963

The Environmental Protection Agency (EPA) is proposing to approve a revision to the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs), oxides of nitrogen (NO<INF>X</INF>) and particulate matter (PM) from the idling of diesel-powered trucks. We are proposing to approve portions of a state rule to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

Federal Register, Volume 82 Issue 188 (Friday, September 29, 2017)

[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Proposed Rules]
[Pages 45548-45549]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20963]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0383; FRL-9968-31-Region 9]


Approval of California Air Plan Revisions; Anti-Idling 
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the California State Implementation Plan (SIP). 
This revision concerns emissions of volatile organic compounds (VOCs), 
oxides of nitrogen (NOX) and particulate matter (PM) from 
the idling of diesel-powered trucks. We are proposing to approve 
portions of a state rule to regulate these emission sources under the 
Clean Air Act (CAA or the Act). We are taking comments on this proposal 
and plan to follow with a final action.

DATES: Any comments must arrive by October 30, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0383 at https://www.regulations.gov, or via email to Jeffrey 
Buss, Rulemaking Office 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, (415) 
947-4152, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    This proposal addresses subsections (c)(1)(A) and (c)(1)(B) of 
Title 13 California Code of Regulations (CCR) Section 2485, ``Airborne 
Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle 
Idling'' (collectively, ``Idling Restrictions''). The California Air 
Resources Board (CARB) adopted Section 2485 on September 1, 2006, and 
submitted the Idling Restrictions and other portions of Section 2485 to 
the EPA on December 9, 2011. On May 9, 2012, this submittal was deemed 
by operation of law to meet the completeness criteria in 40 CFR part 51 
Appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of the Idling Restrictions. However, 
other portions of 13 CCR 2485 were subject to a CAA section 209 waiver 
requirement,\1\ and were previously approved into the California 
SIP.\2\
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    \1\ See 77 FR 9239 (February 16, 2012).
    \2\ See 81 FR 39423, 39443 (June 16, 2016).
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C. What is the purpose of the submitted rule?

    The Idling Restrictions were adopted to reduce emissions of 
NOX, reactive organic gases \3\ (ROG) and PM.\4\ 
NOX and VOCs help produce ground-level ozone, smog and PM, 
which harm

[[Page 45549]]

human health and the environment. In addition, PM, including PM equal 
to or less than 2.5 microns in diameter (PM2.5) and PM equal 
to or less than 10 microns in diameter (PM10), contributes 
to effects that are harmful to human health and the environment, 
including premature mortality, aggravation of respiratory and 
cardiovascular disease, decreased lung function, visibility impairment, 
and damage to vegetation and ecosystems. Section 110(a) of the CAA 
requires states to submit regulations that control these pollutants. 
The Idling Restrictions reduce emissions of these pollutants by 
limiting the idling of commercial diesel trucks. The EPA's technical 
support document (TSD) contains more information about these 
provisions.
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    \3\ CARB uses the term ROG to refer to a class of VOCs that are 
sufficiently reactive with sources of oxygen molecules such as 
NOX, and carbon monoxide (CO) in the atmosphere in the 
presence of sunlight. In contrast, the EPA uses the term VOCs, but 
exempts certain VOCs that are non-reactive or of negligible 
reactivity in our regulations. See 40 CFR 51.100(s).
    \4\ See California Air Resources Board, Staff Report, ``Initial 
Statement of Reasons: Notice of Public Hearing to Consider 
Requirements to Reduce Idling Emissions from New and In-Use Trucks, 
Beginning in 2008,'' September 1, 2005, at page 7.
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II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193). Lastly, in reviewing submittals of 
state/local prohibitory rules, EPA routinely evaluates whether they 
satisfy applicable CAA control requirements, including the CAA section 
172 requirement for Reasonable Available Control Measures (RACM).

B. Does the rule meet the evaluation criteria?

    The Idling Restrictions contain clear, specific and enforceable 
standards for the operation of covered vehicles, and satisfy the 
enforceability criterion in CAA section 110(a)(2). These provisions 
strengthen the SIP by establishing new operating standards that 
complement the previously approved technology requirements in Section 
2485. The Idling Restrictions do not interfere with applicable 
requirements concerning attainment and reasonable further progress or 
other CAA requirements, as set forth in CAA section 110(l), and do not 
modify any existing SIP control requirement in a nonattainment area, in 
accordance with CAA section 193.
    With respect to CAA section 172 RACM requirements, we generally 
evaluate RACM in the context of a specific SIP, but we have determined 
that the vehicle operator requirements in the Idling Restrictions 
constitute RACM-level controls because they limit idling from the 
primary vehicle engine to 5 minutes. We are unaware of any idling 
restriction in place in another area that is fewer than 5 minutes. The 
TSD has more information on our evaluation.

C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rule because we believe it fulfills all 
relevant requirements. We will accept comments from the public on this 
proposal until October 30, 2017. If we take final action to approve the 
submitted rule, our final action will incorporate this rule into the 
federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the portions of title 13 CCR 2485 described above. The EPA 
has made, and will continue to make, these materials available through 
www.regulations.gov and at the EPA Region IX Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

IV. 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 they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: September 7, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-20963 Filed 9-28-17; 8:45 am]
 BILLING CODE 6560-50-P

45548 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Proposed Rules

a subsequent final rule based on this ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT:
proposed rule. EPA will not institute a AGENCY Jeffrey Buss, EPA Region IX, (415) 947–
second comment period. Any parties 4152, buss.jeffrey@epa.gov.
interested in commenting on this action 40 CFR Part 52 SUPPLEMENTARY INFORMATION:
should do so at this time. Throughout this document, ‘‘we,’’ ‘‘us’’
[EPA–R09–OAR–2017–0383; FRL–9968–31– and ‘‘our’’ refer to the EPA.
DATES: Comments must be received in Region 9]
writing by October 30, 2017. Table of Contents
ADDRESSES: Submit your comments, Approval of California Air Plan I. The State’s Submittal
identified by Docket ID No. EPA–R03– Revisions; Anti-Idling Regulations A. What rule did the State submit?
B. Are there other versions of this rule?
OAR–2017–0398 at http:// AGENCY: Environmental Protection C. What is the purpose of the submitted
www.regulations.gov, or via email to Agency (EPA). rule?
aquino.marcos@epa.gov. For comments ACTION: Proposed rule. II. The EPA’s Evaluation and Action
submitted at Regulations.gov, follow the A. How is the EPA evaluating the rule?
online instructions for submitting B. Does the rule meet the evaluation
SUMMARY: The Environmental Protection
criteria?
comments. Once submitted, comments Agency (EPA) is proposing to approve a C. Public Comment and Proposed Action
cannot be edited or removed from revision to the California State III. Incorporation by Reference
Regulations.gov. For either manner of Implementation Plan (SIP). This IV. Statutory and Executive Order Reviews
submission, the EPA may publish any revision concerns emissions of volatile
comment received to its public docket. organic compounds (VOCs), oxides of I. The State’s Submittal
Do not submit electronically any nitrogen (NOX) and particulate matter A. What rule did the State submit?
information you consider to be (PM) from the idling of diesel-powered
This proposal addresses subsections
confidential business information (CBI) trucks. We are proposing to approve
(c)(1)(A) and (c)(1)(B) of Title 13
or other information whose disclosure is portions of a state rule to regulate these
California Code of Regulations (CCR)
restricted by statute. Multimedia emission sources under the Clean Air
Section 2485, ‘‘Airborne Toxic Control
submissions (audio, video, etc.) must be Act (CAA or the Act). We are taking
Measure to Limit Diesel-Fueled
accompanied by a written comment. comments on this proposal and plan to
Commercial Motor Vehicle Idling’’
The written comment is considered the follow with a final action.
(collectively, ‘‘Idling Restrictions’’). The
official comment and should include DATES: Any comments must arrive by California Air Resources Board (CARB)
discussion of all points you wish to October 30, 2017. adopted Section 2485 on September 1,
make. EPA will generally not consider ADDRESSES: Submit your comments, 2006, and submitted the Idling
comments or comment contents located identified by Docket ID No. EPA–R09– Restrictions and other portions of
outside of the primary submission (i.e. OAR–2017–0383 at https:// Section 2485 to the EPA on December
on the web, cloud, or other file sharing www.regulations.gov, or via email to 9, 2011. On May 9, 2012, this submittal
system). For additional submission Jeffrey Buss, Rulemaking Office at was deemed by operation of law to meet
methods, please contact the person Buss.Jeffrey@epa.gov. For comments the completeness criteria in 40 CFR part
identified in the FOR FURTHER submitted at Regulations.gov, follow the 51 Appendix V, which must be met
INFORMATION CONTACT section. For the online instructions for submitting before formal EPA review.
full EPA public comment policy, comments. Once submitted, comments B. Are there other versions of this rule?
information about CBI or multimedia cannot be removed or edited from
Regulations.gov. For either manner of There are no previous versions of the
submissions, and general guidance on Idling Restrictions. However, other
making effective comments, please visit submission, the EPA may publish any
comment received to its public docket. portions of 13 CCR 2485 were subject to
http://www2.epa.gov/dockets/ a CAA section 209 waiver requirement,1
commenting-epa-dockets. Do not submit electronically any
information you consider to be and were previously approved into the
FOR FURTHER INFORMATION CONTACT: Mrs. Confidential Business Information (CBI) California SIP.2
Amy Johansen, (215) 814–2156, or by or other information whose disclosure is C. What is the purpose of the submitted
email at johansen.amy@epa.gov. restricted by statute. Multimedia rule?
submissions (audio, video, etc.) must be
SUPPLEMENTARY INFORMATION: For accompanied by a written comment. The Idling Restrictions were adopted
further information, please see the The written comment is considered the to reduce emissions of NOX, reactive
information provided in the direct final official comment and should include organic gases 3 (ROG) and PM.4 NOX
action, with the same title, that is discussion of all points you wish to and VOCs help produce ground-level
located in the ‘‘Rules and Regulations’’ make. The EPA will generally not ozone, smog and PM, which harm
section of this Federal Register consider comments or comment 1 See 77 FR 9239 (February 16, 2012).
publication. contents located outside of the primary 2 See 81 FR 39423, 39443 (June 16, 2016).
Dated: September 14, 2017. submission (i.e. on the web, cloud, or 3 CARB uses the term ROG to refer to a class of
other file sharing system). For
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

Cecil Rodrigues, VOCs that are sufficiently reactive with sources of
additional submission methods, please oxygen molecules such as NOX, and carbon
Acting Regional Administrator, Region III. monoxide (CO) in the atmosphere in the presence
contact the person identified in the FOR
[FR Doc. 2017–20837 Filed 9–28–17; 8:45 am] of sunlight. In contrast, the EPA uses the term
FURTHER INFORMATION CONTACT section. VOCs, but exempts certain VOCs that are non-
BILLING CODE 6560–50–P For the full EPA public comment policy, reactive or of negligible reactivity in our
information about CBI or multimedia regulations. See 40 CFR 51.100(s).
4 See California Air Resources Board, Staff Report,
submissions, and general guidance on
‘‘Initial Statement of Reasons: Notice of Public
making effective comments, please visit Hearing to Consider Requirements to Reduce Idling
https://www2.epa.gov/dockets/ Emissions from New and In-Use Trucks, Beginning
commenting-epa-dockets. in 2008,’’ September 1, 2005, at page 7.

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Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Proposed Rules 45549

human health and the environment. In to 5 minutes. We are unaware of any affect small governments, as described
addition, PM, including PM equal to or idling restriction in place in another in the Unfunded Mandates Reform Act
less than 2.5 microns in diameter area that is fewer than 5 minutes. The of 1995 (Pub. L. 104–4);
(PM2.5) and PM equal to or less than 10 TSD has more information on our • does not have Federalism
microns in diameter (PM10), contributes evaluation. implications as specified in Executive
to effects that are harmful to human
C. Public Comment and Proposed Order 13132 (64 FR 43255, August 10,
health and the environment, including
Action 1999);
premature mortality, aggravation of
respiratory and cardiovascular disease, As authorized in section 110(k)(3) of • is not an economically significant
decreased lung function, visibility the Act, the EPA proposes to fully regulatory action based on health or
impairment, and damage to vegetation approve the submitted rule because we safety risks subject to Executive Order
and ecosystems. Section 110(a) of the believe it fulfills all relevant 13045 (62 FR 19885, April 23, 1997);
CAA requires states to submit requirements. We will accept comments
• is not a significant regulatory action
regulations that control these pollutants. from the public on this proposal until
subject to Executive Order 13211 (66 FR
The Idling Restrictions reduce October 30, 2017. If we take final action
28355, May 22, 2001);
emissions of these pollutants by limiting to approve the submitted rule, our final
the idling of commercial diesel trucks. action will incorporate this rule into the • is not subject to requirements of
The EPA’s technical support document federally enforceable SIP. Section 12(d) of the National
(TSD) contains more information about Technology Transfer and Advancement
III. Incorporation by Reference
these provisions. Act of 1995 (15 U.S.C. 272 note) because
In this rule, the EPA is proposing to application of those requirements would
II. The EPA’s Evaluation and Action include in a final EPA rule regulatory be inconsistent with the Clean Air Act;
A. How is the EPA evaluating the rule? text that includes incorporation by and
reference. In accordance with
SIP rules must be enforceable (see requirements of 1 CFR 51.5, the EPA is • does not provide the EPA with the
CAA section 110(a)(2)), must not proposing to incorporate by reference discretionary authority to address
interfere with applicable requirements the portions of title 13 CCR 2485 disproportionate human health or
concerning attainment and reasonable described above. The EPA has made, environmental effects with practical,
further progress or other CAA and will continue to make, these appropriate, and legally permissible
requirements (see CAA section 110(l)), materials available through methods under Executive Order 12898
and must not modify certain SIP control www.regulations.gov and at the EPA (59 FR 7629, February 16, 1994).
requirements in nonattainment areas Region IX Office (please contact the
without ensuring equivalent or greater In addition, the SIP is not approved to
person identified in the FOR FURTHER apply on any Indian reservation land or
emissions reductions (see CAA section INFORMATION CONTACT section of this
193). Lastly, in reviewing submittals of in any other area where the EPA or an
preamble for more information).
state/local prohibitory rules, EPA Indian tribe has demonstrated that a
routinely evaluates whether they satisfy IV. Statutory and Executive Order tribe has jurisdiction. In those areas of
applicable CAA control requirements, Reviews Indian country, the rule does not have
including the CAA section 172 Under the Clean Air Act, the tribal implications and will not impose
requirement for Reasonable Available Administrator is required to approve a substantial direct costs on tribal
Control Measures (RACM). SIP submission that complies with the governments or preempt tribal law as
provisions of the Act and applicable specified by Executive Order 13175 (65
B. Does the rule meet the evaluation
criteria? federal regulations. 42 U.S.C. 7410(k); FR 67249, November 9, 2000).
40 CFR 52.02(a). Thus, in reviewing SIP
The Idling Restrictions contain clear, List of Subjects in 40 CFR Part 52
submissions, the EPA’s role is to
specific and enforceable standards for approve state choices, provided they Environmental protection, Air
the operation of covered vehicles, and meet the criteria of the Clean Air Act. pollution control, Incorporation by
satisfy the enforceability criterion in Accordingly, this proposed action
CAA section 110(a)(2). These provisions reference, Intergovernmental relations,
merely proposes to approve state law as Nitrogen dioxide, Ozone, Particulate
strengthen the SIP by establishing new meeting federal requirements and does
operating standards that complement matter, Reporting and recordkeeping
not impose additional requirements requirements, Volatile organic
the previously approved technology beyond those imposed by state law. For
requirements in Section 2485. The compounds.
that reason, this proposed action:
Idling Restrictions do not interfere with • Is not a ‘‘significant regulatory Authority: 42 U.S.C. 7401 et seq.
applicable requirements concerning action’’ subject to review by the Office Dated: September 7, 2017.
attainment and reasonable further of Management and Budget under
progress or other CAA requirements, as Deborah Jordan,
Executive Order 12866 (58 FR 51735,
set forth in CAA section 110(l), and do October 4, 1993); Acting Regional Administrator, Region IX.
not modify any existing SIP control • does not impose an information [FR Doc. 2017–20963 Filed 9–28–17; 8:45 am]
requirement in a nonattainment area, in
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

collection burden under the provisions BILLING CODE 6560–50–P
accordance with CAA section 193. of the Paperwork Reduction Act (44
With respect to CAA section 172 U.S.C. 3501 et seq.);
RACM requirements, we generally • is certified as not having a
evaluate RACM in the context of a significant economic impact on a
specific SIP, but we have determined substantial number of small entities
that the vehicle operator requirements under the Regulatory Flexibility Act (5
in the Idling Restrictions constitute U.S.C. 601 et seq.);
RACM-level controls because they limit • does not contain any unfunded
idling from the primary vehicle engine mandate or significantly or uniquely

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Document Created: 2017-09-29 03:27:03
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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Any comments must arrive by October 30, 2017.
Contact		Jeffrey Buss, EPA Region IX, (415) 947-4152, [email protected]
FR Citation		82 FR 45548
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds