Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations, 39423-39446 [2016-13941]

Download as PDF Vol. 81 Thursday, No. 116 June 16, 2016 Part III Environmental Protection Agency srobinson on DSK5SPTVN1PROD with RULES2 40 CFR Part 52 Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations; Final Rule VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16JNR2.SGM 16JNR2 39424 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2015–0622; FRL–9947–59– Region 9] Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations Environmental Protection Agency. ACTION: Final rule. AGENCY: available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Doris Lo, EPA Region IX, (415) 972– 3959, lo.doris@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents The Environmental Protection Agency (EPA) is taking final action to approve a revision to the California State Implementation Plan (SIP) consisting of certain state regulations establishing standards and other requirements relating to the control of emissions from new on-road and new and in-use off-road vehicles and engines. The EPA is approving the SIP revision because the regulations meet the applicable requirements of the Clean Air Act. Approval of the regulations as part of the California SIP makes them federally enforceable. DATES: This rule is effective on July 18, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID Number EPA–R09–OAR–2015–0622. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are SUMMARY: I. Proposed Action II. Public Comments and EPA Responses III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On November 12, 2015 (80 FR 69915) (‘‘proposed rule’’), the EPA proposed to approve a SIP revision submitted by the California Air Resources Board (CARB) on August 14, 2015 consisting of certain state regulations establishing standards and other requirements relating to the control of emissions from new on-road and new and in-use off-road vehicles and engines (referred to herein as ‘‘mobile source regulations’’) for which the EPA has previously issued waivers or authorizations under section 209(b) and section 209(e)(2), respectively, of the Clean Air Act (Act or CAA). Our proposed rule provides background information concerning the CAA, national ambient air quality standards (NAAQS), SIPs, and other matters pertinent to this rulemaking. See 80 FR at pages 69916–69917. We noted in particular that a basic content requirement for SIPs is that they include enforceable emission limitations and other control measures, means, or techniques as may be necessary or appropriate to meet the applicable requirements of the CAA (see section 110(a)(2)(A)). We also noted that the EPA’s long-standing practice was to allow California emissions reductions credit for mobile source regulations for which the EPA had issued waivers or authorizations under section 209 but that had not been submitted or approved as part of the SIP. We noted that the EPA’s rationale for this longstanding practice was rejected by the Ninth Circuit in Committee for a Better Arvin v. EPA, 786 F.3d 1169 (9th Cir. 2015) (‘‘Committee for a Better Arvin’’), and that the decision in Committee for a Better Arvin led to the submittal by CARB of the mobile source regulations as a SIP revision on August 14, 2015. In our proposed rule, we describe CARB’s August 14, 2015 SIP revision as consisting of the regulations themselves and documentation of the public process conducted by CARB in approving the regulations as part of the California SIP. Specifically, the proposed rule includes table 1, which presents the contents of the SIP revision by mobile source category and provides, for each category, a listing of the relevant sections of the California Code of Regulations (CCR) that establish standards and other requirements for control of emissions from new on-road and new or in-use off-road vehicles or engines; the corresponding date of CARB’s hearing or Executive Officer (EO) action through which the regulations or amendments were adopted; and the notice of decision in which the EPA granted a waiver or authorization for the given set of regulations. For this final rule, we are republishing table 1 from the proposed rule as amended in response to CARB comment #1 (see section II of this document). TABLE 1—CARB SIP REVISION SUBMITTAL SUMMARY Relevant sections of California Code of Regulations On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles (LEV II). srobinson on DSK5SPTVN1PROD with RULES2 Source category Amendments to 13 CCR §§ 1961, 1965, and 1978 and the documents incorporated by reference (see table 2 below), effective for state law purposes on 12/04/ 03; and amendments to 13 CCR §§ 1961, 1976, 1978, and documents incorporated by reference (see table 2 below), effective for state law purposes on 2/17/07. VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2 Date of relevant CARB hearing date(s) or Executive Officer action 12/12/02, 6/ 22/06. EPA Notice of decision 70 FR 22034 (4/28/05); 75 FR 44948 (7/ 30/10) Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39425 TABLE 1—CARB SIP REVISION SUBMITTAL SUMMARY—Continued Source category Relevant sections of California Code of Regulations On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles (LEV III) and Zero Emission Vehicles (ZEV). Adoption of 13 CCR §§ 1961.2 and 1962.2 (excluding subsection 1962.2(g)(6)) and amendments to 13 CCR §§ 1900, 1956.8, 1960.1, 1961, 1962.1, 1962.2 (re-numbered to 1961.3), 1965, 1976, 1978, 2037, 2038, 2062, 2112, 2139, 2140, 2145, 2147, and 2235 and the documents incorporated by reference (see table 2 below), effective for state law purposes on 08/07/12; amendments to 13 CCR §§ 1900, 1956.8, 1960.1, 1961, 1961.2, 1962.1, 1962.2 (excluding subsection 1962.2(g)(6)(C)), and 1976 and the documents incorporated by reference (see table 2 below), effective for state law purposes on 12/31/ 12. 13 CCR § 1956.8 and the document incorporated by reference (see table 2 below), effective for state law purposes on 12/4/03. Amendments to 13 CCR § 1956.8, and the document incorporated by reference (see table 2 below), effective for state law purposes on 11/17/02. Amendments to 13 CCR §§ 1900, 1958 (excluding 1958(a)(1)), and 1965, and the document incorporated by reference (see table 2 below), effective for state law purposes on 11/22/99. 13 CCR §§ 1971.1 and 1971.5, effective for state law purposes on 6/17/10. 13 CCR §§ 1956.8, 2404, 2424, 2425, and 2485 (excluding subsections 2485(c)(1)(A), 2485(c)(1)(B), and 2485(c)(3)(B)), and the document incorporated by reference (see table 2 below), effective for state law purposes on 11/15/2006. 13 CCR § 2477, as amended, effective for state law purposes on 3/7/11. 17 CCR § 93118.5 (excluding subsection 93118.5(e)(1)), effective for state law purposes on 11/19/08. New LSI engine emissions standards: 13 CCR §§ 2430, 2431, 2433, 2434, and 2438; LSI fleet requirements: 13 CCR §§ 2775, 2775.1 and 2775.2, and the documents incorporated by reference (see table 2 below), effective for state law purposes on 5/ 12/07. 13 CCR § 2299.3 and 17 CCR § 93118.3, effective for state law purposes on 01/02/09. 13 CCR §§ 2449 (excluding subsection 2449(d)(2)) 2449.1, and 2449.2, effective for state law purposes on 12/14/11. On-Road Heavy-Duty Gasoline Engines ....................... On-Road Heavy-Duty Diesel Engines ........................... On-Road Motorcycles .................................................... On-Road Heavy-Duty Engines—On-Board Diagnostic System (HD OBD). On-Road Heavy Duty Vehicles—engine or vehicle idle controls. In-Use Diesel-Fueled Transport Refrigeration Units ...... Commercial Harbor Craft ............................................... Off-Road Large Spark-Ignition (LSI) Engines ................ Auxiliary Diesel Engines on Ocean-Going Vessels ....... In-Use Off-Road Diesel Fueled Fleets ........................... Mobile Cargo Handling Equipment (CHE) ..................... srobinson on DSK5SPTVN1PROD with RULES2 Small Off-Road Engines (SORE) ................................... Off-Road Compression—Ignition (CI) Engines .............. In-Use Portable Diesel-Fueled Engines (PDE) .............. VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 13 CCR § 2479 (excluding subsections (e)(2) and (e)(4)), effective for state law purposes on 12/31/06; and amendments to 13 CCR § 2479 (excluding subsections (e)(2) and (e)(4)), effective for state law purposes on 10/14/12. 13 CCR §§ 2401, 2403, 2404, 2405, 2406, 2408, 2408.1, and 2409, and the document incorporated by reference (see table 2 below), effective for state law purposes on 5/5/10. 13 CCR §§ 2420, 2421, 2423, 2424, 2425, 2425.1, 2426, and 2427, and the documents incorporated by reference (see table 2 below), effective for state law purposes on 1/6/06. 17 CCR §§ 93116 through 93116.5 (excluding subsection 93116.3(a)), effective for state law purposes on 3/11/05. Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2 Date of relevant CARB hearing date(s) or Executive Officer action EPA Notice of decision 01/26/12, 11/ 15/12. 78 FR 2112 (1/9/13) 12/12/02, 9/5/ 03 (EO). 75 FR 70237 (11/17/10) 10/25/01 ....... 70 FR 50322 (8/26/05) 12/10/98 ....... 71 FR 44027 (8/3/06) 5/28/09 ......... 77 FR 73459 (12/10/12) 77 FR 9239 (2/16/12) 10/20/05 ....... 11/18/10 ....... 11/15/07, 9/2/ 08 (EO). 78 FR 38970 (6/28/13) 76 FR 77521 (12/13/11) 5/25/06, 3/2/ 07 (EO). 77 FR 20388 (4/4/12) 12/6/07, 10/ 16/08 (EO). 5/25/07, 7/26/ 07, 12/11/ 08, 1/22/ 09, 7/23/ 09, 12/17/ 10. 12/8/05, 9/22/ 11. 76 FR 77515 (12/13/11) 78 FR 58090 (9/20/13) 11/21/08 ....... 77 FR 9916 (2/21/12); 80 FR 26249 (5/7/ 15) 80 FR 26041 (5/6/15) 1/27/00, 12/9/ 04. 75 FR 8056 (2/23/10) 2/26/04 ......... 77 FR 72846 (12/6/12) 39426 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations TABLE 1—CARB SIP REVISION SUBMITTAL SUMMARY—Continued Source category Relevant sections of California Code of Regulations Portable Equipment Registration Program (PERP) ....... 13 CCR §§ 2451, 2452, 2453, 2455 (excluding subsections 2455(a) and 2455(b)), 2456 (excluding subsections 2456(a), 2456(d)(3), 2456(d)(5), and 2456(d)(6)), 2458, 2459, 2460, 2461, and 2462, as amended, effective for state law purposes on 9/12/ 07. 13 CCR §§ 2111, 2112, Appendix A therein, 2139, 2147, 2440, 2442, 2443.1, 2443.2, 2444.1, 2444.2, 2445.1, 2445.2, 2446, 2447 and 2474, and the documents incorporated by reference (see table 2 below), effective for state law purposes on 08/16/09. 13 CCR §§ 2111, 2112, 2411, 2412, and 2413, and the document incorporated by reference (see table 2 below), effective for state law purposes on 8/15/07. Spark-Ignition Marine Engines and Boats (Marine SI) .. Off-Highway (OHRV). Recreational Vehicles and The regulations submitted by CARB and listed in table 1 incorporate by reference certain documents that establish test procedures and labeling specifications, among other things, and CARB submitted these documents as part of the overall SIP revision. In our proposed rule, we included a table Engines (table 2) that lists the incorporated documents included in the SIP submittal and are republishing that table in this final rule. Our proposed rule also included a third table in which we described the applicability of the regulations listed in table 1 above and summarized some of the key emissions Date of relevant CARB hearing date(s) or Executive Officer action EPA Notice of decision 3/27/97, 7/31/ 07 (EO), 12/10/98, 2/26/04, 6/ 22/06, 3/ 22/07. 7/24/08, 6/5/ 09 (EO). 77 FR 72851 (12/6/12) 7/20/06 ......... 79 FR 6584 (2/4/14) 80 FR 26032 (5/16/15) control requirements contained in the rules. In today’s action, we are approving the regulations in table 1 and the test procedures and specifications in table 2 as a revision to the California SIP.1 srobinson on DSK5SPTVN1PROD with RULES2 TABLE 2—DOCUMENTS INCORPORATED BY REFERENCE IN CARB REGULATIONS LISTED IN TABLE 1, ABOVE, AND SUBMITTED AS PART OF SIP REVISION On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles (LEV II): California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles, as last amended September 5, 2003. California Motor Vehicle Emission Control and Smog Index Label Specifications for 1978 through 2003 Model Year Motorcycles, Light-, Medium- and Heavy-Duty Engines and Vehicles, as last amended September 5, 2003. California Smog Index Label Specifications for 2004 and Subsequent Model Passenger Cars and Light-Duty Trucks, adopted September 5, 2003. California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended September 5, 2003. California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as amended June 22, 2006. California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended June 22, 2006. California Exhaust Emission Standards Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and MediumDuty Vehicles, as last amended June 22, 2006. On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles (LEV III) and Zero Emission Vehicles (ZEV): California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended March 22, 2012. California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended March 22, 2012. California Non-Methane Organic Gas Test Procedures, as last amended March 22, 2012. California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended March 22, 2012, excluding GHG-related provisions. California Environmental Performance Label Specifications for 2009 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles, as last amended March 22, 2012. California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended March 22, 2012. California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended March 22, 2012. Specifications for Fill Pipes and Openings of 1977 through 2014 Model Motor Vehicle Fuel Tanks, as last amended March 22, 2012. Specifications for Fill Pipes and Openings of 2015 and Subsequent Model Motor Vehicle Fuel Tanks, adopted March 22, 2012. 1 There is one exception to the EPA’s approval of the regulations and test procedures listed in tables VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 1 and 2. The exception is 13 CCR section PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 2449.2(f)(4), a provision for which the EPA is deferring final action at this time. E:\FR\FM\16JNR2.SGM 16JNR2 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39427 TABLE 2—DOCUMENTS INCORPORATED BY REFERENCE IN CARB REGULATIONS LISTED IN TABLE 1, ABOVE, AND SUBMITTED AS PART OF SIP REVISION—Continued srobinson on DSK5SPTVN1PROD with RULES2 California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, adopted March 22, 2012, excluding GHG-related provisions. California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended March 22, 2012, excluding GHG-related provisions. California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted March 22, 2012, excluding GHG-related provisions. California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended December 6, 2012, excluding GHG-related provisions. California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended December 6, 2012, excluding GHG-related provisions. California Non-Methane Organic Gas Test Procedures, as last amended December 6, 2012. California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended December 6, 2012. California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended December 6, 2012. California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended December 6, 2012. California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended December 6, 2012. California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted December 6, 2012, excluding GHG-related provision. On-Road Heavy-Duty Gasoline Engines: California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-cycle Engines, as last amended December 12, 2002. On-Road Heavy-Duty Diesel Engines: California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended October 25, 2001. On-Road Motorcycles: California Motor Vehicle Emission Control and Smog Index Label Specifications, as last amended October 22, 1999. On-Road Heavy Duty Vehicles—Reduced Idling: California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines, as last amended September 1, 2006. Off-Road Large Spark-Ignition (LSI) Engines: California Exhaust Emission Standards and Test Procedures for New 2001 through 2006 Off-Road Large Spark-Ignition Engines, Parts I and II, adopted September 1, 1999 and as last amended March 2, 2007. California Exhaust and Evaporative Emission Standards and Test Procedures for 2007 through 2009 Off-Road Large Spark-Ignition Engines, (2007–2009 Test Procedure 1048), adopted March 2, 2007. California Exhaust and Evaporative Emission Standards and Test Procedures for New 2010 and Later Off-Road Large Spark-Ignition Engines, (2010 and Later Test Procedure 1048), adopted March 2, 2007. California Exhaust and Evaporative Emission Standards and Test Procedures for New 2007 and Later Off-Road Large Spark-Ignition Engines (Test Procedures 1065 and 1068), adopted March 2, 2007. Small Off-Road Engines (SORE): California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines, as last amended February 24, 2010. Off-Road Compression-Ignition (CI) Engines: California Exhaust Emission Standards and Test Procedures for New 2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition Engines, Part I–B, adopted January 28, 2000 and as last amended October 20, 2005. California Exhaust Emission Standards and Test Procedures for New 1996 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition Engines, Part II, adopted May 12, 1993 and as last amended October 20, 2005. California Exhaust Emission Standards and Test Procedures for New 2008 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I–C, adopted October 20, 2005. Spark-Ignition Marine Engines and Boats (Marine SI): California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines, as last amended June 5, 2009. Procedures for Exemption of Add-On and Modified Parts for Off-Road Categories, as last amended June 5, 2009. Off-Highway Recreational Vehicles and Engines (OHRV): California Exhaust Emissions Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles, and Engines, as last amended August 15, 2007. We noted in our proposed rule that CARB has expressly excluded from the August 14, 2015 SIP submittal certain sections or subsections of California code that have been authorized or VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 waived by the EPA under CAA section 209. The excluded provisions pertain to: • Greenhouse Gas (GHG) exhaust emission standards 2009 through 2016 Model Passenger Cars, Light-Duty PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 Trucks, and Medium-Duty Vehicles, and 2017 and subsequent Model Passenger Cars, Light-Duty Trucks, and MediumDuty Vehicles; and E:\FR\FM\16JNR2.SGM 16JNR2 39428 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations srobinson on DSK5SPTVN1PROD with RULES2 • GHG related provisions incorporated in the test procedures. Also, CARB has expressly excluded certain sections or subsections of California code that are not subject to preemption under CAA section 209 and thus not included in the related waiver or authorization by the EPA. These provisions pertain to: • Fuel use requirements; • Idling restrictions on drivers; • Opacity standards; • Daily mass emission limits (from the PERP regulations); and • Certain labeling and consumer notification requirements. On pages 69923–69925 of our proposed rule, we described how we evaluated the regulations and how we determined that the regulations meet all applicable CAA requirements in order to be included in the California SIP. In short, we determined that: • CARB provided adequate public notice of a comment period and a hearing on the draft SIP revision prior to adoption and submittal to the EPA, and thereby complied with the applicable procedural requirements for SIP revisions under the CAA section 110(l) and 40 CFR 51.102; • CARB has adequate legal authority to implement the regulations because state law so provides, because the regulations are not preempted under the CAA (pursuant to waivers or authorizations issued for them by the EPA), and because CARB is not otherwise prohibited by any provision of federal or state law from carrying out the regulations; • The regulations include all of the elements necessary to provide for practical enforceability, including clear applicability and exemption provisions, emissions standards and other requirements, test methods, recordkeeping and reporting provisions, and thereby establish enforceable emissions limitations as required under CAA section 110(a)(2)(A); 2 • CARB’s mobile source regulations submitted for approval as a revision to the California SIP establish emission limitations relied upon by RFP, attainment, and maintenance plans 2 After proposing action on CARB’s mobile source regulations, we discovered a specific provision in the ‘‘Surplus Off-Road Opt-In for NOX (SOON) Program’’ portion of CARB’s Regulation for In-Use Off-Road Diesel-Fueled Fleets that cannot be reconciled with the principle that SIP rules relied upon for emissions reductions must be federally enforceable. The specific provision is 13 CCR section 2449.2(f)(4) (‘‘ARB Authority’’), which states, in pertinent part: ‘‘ARB has sole authority to enforce the requirements of section 2449.2.’’ We find 13 CCR section 2449.2(f)(4) to be severable from the rest of the regulation and have not included it in today’s approval action. VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 developed by California to meet CAA SIP requirements for nonattainment areas, and thus would not interfere with such CAA requirements for the purposes of CAA section 110(l); and • Given the longstanding nature of CARB’s mobile source program, and its documented effectiveness at achieving significant reductions from mobile sources, the state has adequate personnel and funding to carry out the mobile source regulations submitted for approval as part of the California SIP. For more background information on the regulatory context for this final rule, and for additional detail on the SIP submittal itself, and our evaluation, please see our proposed rule. II. Public Comments and EPA Responses The EPA’s proposed rule, published at 80 FR 69915 (November 12, 2015), provided for a 30-day comment period. The EPA received two comment letters in response to the proposed rule: (1) A comment letter dated December 8, 2015 from CARB; and (2) a comment letter dated December 14, 2015 from the Owner-Operator Independent Drivers Association, Inc. (OOIDA). In the paragraphs below, we summarize the comments and provide our responses. CARB comment #1: CARB indicates that while the August 14, 2015 SIP revision submittal included two regulations affecting Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards (CHE Regulation), table 1 of the EPA’s November 12, 2015 proposed rule only lists one such regulation. CARB notes that, while table 1 of the proposed rule only listed one CHE regulation, table 3 of the proposed rule lists both. CARB suggests that table 1 be amended to include both CHE regulations, consistent with CARB’s August 14, 2015 SIP revision submittal. EPA response to CARB comment #1: CARB is correct that the proposed action covers both CHE rules and that the EPA inadvertently failed to include one of the two CHE regulations in table 1 of the proposed rule. Table 1, as amended to list both CHE regulations, is included in the preamble to this final rule. OOIDA comment #1: OOIDA contends that the EPA’s proposed action to approve CARB’s mobile source regulations as part of the California SIP is inconsistent with the Ninth Circuit’s decision in Committee for a Better Arvin by failing to demonstrate how CARB has satisfied the requirement under the CAA that SIPs must include ‘‘enforceable emission limitations and other control measures . . . as may be necessary or appropriate to meet the applicable PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 requirements of [the CAA].’’ Section 110(a)(2)(A). OOIDA asserts that the materials that CARB and the EPA are relying upon were previously submitted as part of CARB’s waiver or authorization requests to the EPA, and thus are outdated. OOIDA notes that many of these regulations have been in effect under state law for years, and thus, to comply with Committee for a Better Arvin, the EPA must require CARB to submit current evidence showing how well these requirements have been adopted, whether the reductions in pollution have been met, what the experience of the regulated community has been, and whether CARB’s cost estimates were accurate. EPA response to OOIDA comment #1: We disagree that our action to approve California’s mobile source regulations that have been waived or authorized by the EPA under CAA section 209 is inconsistent with the Ninth Circuit’s decision in Committee for a Better Arvin or that the information sought by OOIDA is necessary to establish that the regulations are ‘‘necessary or appropriate’’ for the purposes of CAA section 110(a)(2)(A). First, in Committee for a Better Arvin, the Ninth Circuit remanded to the EPA the Agency’s final actions approving two specific regional plans that were adopted to meet nonattainment area SIP requirements and that rely, in part, on emissions reductions from so-called ‘‘waiver’’ measures, i.e., CARB mobile source regulations for which the EPA has issued waivers or authorizations under CAA section 209. In so doing, the court rejected the EPA’s arguments supporting the Agency’s longstanding practice of allowing California to rely on emissions reductions from state mobile source measures waived or authorized by the EPA under CAA section 209 to meet CAA SIP requirements without requiring approval of those measures into the California SIP. The Ninth Circuit found that CAA section 110(a)(2)(A) plainly mandates that the SIP include all state and local emission limitations, control measures, means, and techniques on which the state relies to assure compliance with the CAA. 786 F.3d 1169, at 1175–1178 (9th Cir. 2015). The Court found support for its view in the Act’s provisions that allow the EPA or citizens to commence lawsuits to enforce emissions standards or limitations established under the Act. Id. In response to the decision, CARB selected for the SIP those mobile source regulations that represent the most current set of such regulations that have been waived or authorized by the EPA under CAA section 209 and that are E:\FR\FM\16JNR2.SGM 16JNR2 srobinson on DSK5SPTVN1PROD with RULES2 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations relied upon to provide emissions reductions in the most recentlyapproved or pending SIPs for the various nonattainment areas in California, such as the two regional plans that were the subject of the remand in Committee for a Better Arvin. The issue of whether the emissions reductions anticipated by CARB when adopting the regulations reasonably approximate those that have actually occurred is not relevant for the EPA’s action on CARB’s mobile source regulations SIP revision. The fact that California is relying on the emissions reductions from the mobile source regulations to meet any CAA requirements makes the regulations ‘‘necessary or appropriate’’ for inclusion in the SIP, regardless of whether the reductions are the same as those originally estimated by CARB at the time of submittal of the waiver or authorization request. In response to CARB’s SIP revision submittal, however, the EPA did not simply propose to approve the mobile source regulations without review and evaluation for compliance with relevant CAA requirements for such regulations. For example, the EPA reviewed the regulations to determine whether SIP procedural requirements under CAA section 110(a)(2) and related EPA regulations were met; to determine whether the regulations are enforceable and thereby comply with the applicable requirement in CAA section 110(a)(2)(A); to determine whether the state has provided necessary assurances that it has adequate personnel, funding, and authority to implement the regulations and thereby comply with the applicable requirements in CAA section 110(a)(2)(E); and to determine whether the SIP revision would interfere with attainment or reasonable further progress or any other CAA requirement as required under CAA section 110(l). See our proposed rule, 80 FR at 69923– 69925. For the reasons stated in the proposed rule, we concluded that CARB’s mobile source regulation SIP revision met all of the relevant CAA requirements and would not interfere with attainment or reasonable further progress or any other CAA requirement. One consideration that the EPA did not take into account was the cost of compliance by manufacturers or owners/operators subject to CARB’s mobile source regulations. Such cost issues standing alone, which OOIDA believes CARB must submit and that the EPA must consider, are not relevant to the EPA’s review of SIPs and SIP revisions under CAA section 110. This has been settled law since 1976 when the Supreme Court issued its decision in VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 Union Electric Co. v. EPA, 427 U.S. 246, at 255–266 (1976) (‘‘Union Electric’’), rehearing denied 429 U.S. 873 (1976). In Union Electric, the Supreme Court found that the 1970 version of section 110(a)(2) did not allow the EPA to disapprove an attainment sulfur dioxide (SO2) SIP on the ground that the SIP’s control measures for complying with the SO2 NAAQS would be so stringent as to be technologically or economically infeasible. Id. at 265. The Supreme Court made it clear that Congress left states free to choose technology-forcing measures to achieve attainment within what was then a three-year deadline. Id. at 268–269. While the CAA has been amended a number of times since 1970, the basic allocation of responsibilities on the states in developing and submitting SIPs and on the EPA in reviewing SIPs and SIP revisions remains the same today, and thus the holding of Union Electric continues to inform the EPA’s review of SIPs and SIP revisions today. OOIDA comment #2: Citing CAA section 307(b)(1), OOIDA asserts that the EPA must specify whether any SIP approval has nationwide scope or effect. OOIDA further declares that if the EPA fails to make such an express determination, then OOIDA will advise its members residing outside of California that they do not need to comply with any of the California laws, statutes or regulations included in the SIP. If, on the other hand, the EPA finds that the SIP does have ‘‘nationwide scope and effect,’’ then OOIDA claims that CARB is required under CAA section 110(a)(2)(E) to satisfy the EPA that the imposition of California’s regulatory regime on interstate truckers residing outside of California is consistent with the Commerce Clause of the U.S. Constitution. Without such a demonstration from CARB, and a finding of nationwide scope or effect by the EPA, OOIDA objects to the EPA’s proposed approval of CARB’s mobile source regulations as part of the California SIP. EPA response to OOIDA comment #2: CAA section 307(b)(1) provides that a petition for review of the EPA in promulgating certain specific types of standards, such as the NAAQS, ‘‘or any other nationally applicable regulations promulgated, or final action taken, by the [EPA] under the [CAA] may be filed only in the U.S. Court of Appeals for the District of Columbia.’’ A petition for review of the EPA’s action in approving a SIP under CAA section 110 that is locally or regionally applicable may be filed only in the U.S. Court of Appeals for the appropriate circuit unless such SIP action is based on a determination PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 39429 of ‘‘nationwide scope or effect’’ and if in taking such action the EPA finds and publishes that such action is based on such a determination. In that case, CAA section 307(b)(1) provides for review of the EPA’s SIP action in the U.S. Court of Appeals for the District of Columbia. Thus, section 307(b)(1) not only confers jurisdiction upon the U.S. Courts of Appeals but also specifies how the venue for petitions for review of actions covered by section 307(b)(1) is determined. Dalton Trucking Inc. v. EPA, No. 13–1283, slip op. at 7–8 (D.C. Cir. Dec. 18, 2015). When the EPA issues a final decision waiving or authorizing CARB mobile source regulations under CAA section 209 of the CAA, the proper venue for judicial review of that decision is the U.S. Court of Appeals for the D.C. Circuit if either the decision is ‘‘nationally applicable’’ or the EPA determines the decision is of ‘‘nationwide scope or effect’’ and publishes the determination. Section 307(b)(1). In making a determination of nationwide scope or effect for a waiver or authorization under section 209, the EPA takes into account that other states may adopt California’s standards for which a section 209 waiver or authorization has been granted if certain criteria are met. Sections 177 and 209(e)(2)(B) allow other states to adopt (and subsequently enforce in their state) California’s regulations for which the EPA has issued waivers or authorizations. The EPA may also consider the applicability of such regulations to manufacturers or owner/ operators residing outside of California but selling, leasing, or operating vehicles or equipment in California.3 In this case, the EPA is taking action under section 110 of the CAA to approve CARB’s mobile source regulations as part of the California SIP. Unlike the Agency’s issuance of a waiver or authorization under section 209, approval of CARB’s mobile source regulations under section 110 does not enable other states to adopt the regulations. The EPA’s approval of the regulations under section 110 does extend federal enforceability to the standards. See CAA sections 113 (EPA enforcement authority) and 304 (citizen suits). However, that is true of all SIP approval actions under section 110, and 3 The D.C. Circuit recently concluded that a decision under section 209 is not ‘‘nationally applicable’’ under section 307(b) if it applies only to vehicles owned or operated in California, even if those vehicles are based outside California. Dalton Trucking Inc. v. EPA, No. 13–1283, slip op. at 10 (D.C. Cir. Dec. 18, 2015). However, a decision that is not applicable outside California can still have effect outside California. E:\FR\FM\16JNR2.SGM 16JNR2 srobinson on DSK5SPTVN1PROD with RULES2 39430 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations thus, like other SIP approval actions, we find that our final action herein is not nationally applicable, nor is it of nationwide scope or effect. Petitions for review of this final action therefore must be filed in the U.S. Court of Appeals for the appropriate circuit, i.e., in this case, the U.S. Court of Appeals for the Ninth Circuit. Lastly, because the EPA finds that the Agency’s final action herein is not of ‘‘nationwide scope or effect,’’ no further response to OOIDA’s comment is necessary. OOIDA comment #3: OOIDA notes that, in addition to being an affirmative grant of congressional authority, the Commerce Clause of the U.S. Constitution, which authorizes Congress ‘‘[t]o regulate Commerce . . . among the several states,’’ is in its negative aspect also a limitation on the regulatory authority of the states. OOIDA contends that, in its negative aspect, the Commerce Clause protects the nation against economic Balkanization and state regulations affecting interstate commerce where the burden on commerce is excessive in relation to the putative local benefits. For example, OOIDA cites high aggregate costs purportedly incurred to comply with two specific CARB regulations, the Heavy-Duty (Truck) Greenhouse Gas (HD GHG) Regulations and the In-Use On-Road Heavy-Duty Diesel-Fueled Vehicles Regulation (‘‘Truck and Bus Regulation’’). OOIDA argues that the EPA should expressly consider and make findings whether the aggregate impact of regulations which California has sought to ‘‘federalize’’ through SIP approvals violate these Constitutional principles. EPA response to OOIDA comment #3: First of all, we note that today’s action does not include CARB’s HD GHG Regulations or the Truck and Bus Regulation. The former was not included in the SIP revision submittal and has never been submitted as part of the California SIP, and the latter was submitted and approved by the EPA as a SIP revision in 2012 at 77 FR 20308 (April 4, 2012). As to the Commerce Clause comment more generally, the negative aspect of the Commerce Clause to which OOIDA refers is often referred to as the ‘‘dormant’’ Commerce Clause. OOIDA notes some of the basic principles under which courts have found state regulations to be invalid under the dormant Commerce Clause.4 OOIDA 4 OOIDA cites the court’s reasoning in Union Pac. R.R. v. Cal. Pub. Utils. Comm’n, 346 F.3d 851, 871 (9th Cir. 2003) in support of its arguments challenging California’s mobile source regulations VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 asks the EPA to expressly consider and make findings whether the aggregate impact of regulations that California has sought to ‘‘federalize’’ through SIP approvals violate dormant Commerce Clause principles. Under the CAA, the EPA’s responsibility in reviewing SIPs and SIP revisions is to ensure that all CAA requirements that apply to a given SIP or SIP revision are met, and if a given SIP or SIP revision meets minimum applicable CAA requirements, then the EPA ‘‘shall’’ approve it. See CAA section 110(k)(3). Among the CAA requirements that apply to SIPs or SIP revisions is section 110(a)(2)(E), which provides in relevant part that SIPs and SIP revisions must provide necessary assurances that the state will have adequate authority under state law to carry out such SIP and is not prohibited by any provision of federal or state law from carrying out such SIP. In this instance, the EPA has issued waivers or authorization under section 209 for all of the subject regulations (and in doing so has removed the federal Clean Air Act preemption), and the EPA has found CARB to have the necessary legal authority to enforce the standards under state law. Furthermore, none of the subject regulations has been found by any court to be preempted under the dormant Commerce Clause or any other federal law, and thus, CARB is not prohibited from carrying out such SIP. Moreover, in this instance, the ‘‘dormant’’ Commerce Clause is no obstacle to the EPA’s approval of CARB’s mobile source regulations SIP revision. As a general matter, the ‘‘dormant’’ Commerce Clause acts to limit certain types of state regulation on the grounds of extra-territorial impact. In Union Pac. R.R., the Ninth Circuit Court of Appeals struck down certain California regulations having an extraterritorial impact; however, in more recent years, the Ninth Circuit appears to have modified its views on the extra-territoriality doctrine. In Rocky Mountain Farmers Union v. Corey, 730 F.3d 1070, 1101 (9th Cir. 2013), a case challenging California’s Low Carbon Fuel Standard, the Ninth Circuit noted: ‘‘In the modern era, the Supreme Court has rarely held that statutes violate the extraterritoriality doctrine[.]’’, and concluded: ‘‘The district court held that the Fuel Standard regulated extraterritorial conduct because: (1) . . . it ‘attempts to control’ out-of-state conduct, . . . We disagree.’’ Id. We also note that, while Rocky Mountain Farmers Union stands for the proposition that CAA section 211(c)(4)(B) ‘‘does not insulate California from scrutiny under the dormant Commerce Clause,’’ Id., at 1107, CAA section 211(c)(4) does not establish for motor vehicle fuels the type of specific process under which California rules shall be waived or authorized by the EPA as that found for mobile source emissions standards in CAA sections 209(b) and (e). See additional discussion regarding the dormant Commerce Clause and California regulations waived or authorized under CAA sections 209(b) and (e) later in the response to OOIDA comment #3. PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 that affect interstate commerce, but does not limit actions by federal agencies, such as the EPA. Additionally, ‘‘dormant’’ Commerce Clause principles simply do not apply where Congress has so clearly established a process under which the EPA must waive preemption if certain conditions are met. Here, the regulations submitted as part of CARB’s SIP revision fall within the scope of CAA section 209, the Congressional provision under which the explicit general preemption of state mobile source regulations may be waived for California. Congress can authorize state or local government action that otherwise would violate the ‘‘dormant’’ Commerce Clause, even if the action ultimately interferes with interstate commerce. See White v. Massachusetts Council of Constr. Employers, Inc., 460 U.S. 204, 213 (1983). Both the legislative history of CAA section 209 and the text of the statute itself show that Congress affirmatively contemplated the type of regulations at issue here, even assuming those regulations might otherwise be considered to interfere with interstate commerce. See Motor & Equip. Mfrs. Ass’n v. EPA, 627 F.2d 1095 (D.C. Cir. 1979) (‘‘MEMA I’’). The EPA has consistently interpreted these provisions as providing a narrow review of California’s decision making. These views are consistent with the views we expressed in more detail in our recent brief in Owner-Operator Independent Drivers Association, Inc. v. EPA, D.C. Cir., Case No. 14–1192 (‘‘OOIDA v. EPA’’), which has been placed in the docket for this rulemaking. While the specific California regulations at issue in OOIDA v. EPA are not included in the SIP revision approved in today’s action, we believe that the views expressed in our brief in that case on the Commerce Clause apply more generally to EPA actions and to California regulations (including those approved herein) for which the EPA has issued waivers or authorizations and thus we are adopting the reasoning set forth therein in support of today’s action. Lastly, Congress allows for cost considerations in reviewing requests for waivers of preemption under section 209 of the Act. The third prong of EPA’s consideration (section 209(b)(1)(C) for on-road waivers and section 209(e)(2)(A)(iii) for off-road authorizations) includes an assessment of whether CARB’s regulations are technologically infeasible. Such assessment includes a review of whether those opposing the waiver have demonstrated that there is inadequate lead time to permit the development of technology necessary to meet the E:\FR\FM\16JNR2.SGM 16JNR2 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations srobinson on DSK5SPTVN1PROD with RULES2 regulations at issue, giving appropriate consideration to the cost of compliance within that time frame.5 Each of the regulations approved in today’s actions were the subject of a waiver or authorization by the EPA under section 209, and thus, cost compliance issues have already been considered by the Agency in that context. The EPA does not intend to reopen those issues through today’s action under CAA section 110 on CARB’s SIP revision. OOIDA Comment #4: OOIDA believes that the costs to comply with CARB’s On-Road Heavy-Duty Vehicle—Engine or Vehicle Idle Controls (‘‘Anti-Idling’’) Regulations disproportionately burden motor carriers and drivers from outside of the State of California because local California truck owners who go home at night on a regular basis are not pressured to purchase an Alternative Power Source (APS) to condition the truck cab for the comfort of the driver for those times when the idling shutdown system activates in uncomfortably hot or cold weather. On the benefit side, OOIDA contends that CARB did not quantify the environmental benefits that will be derived from the Anti-Idling Regulations in either the SIP revision or the waiver request to the EPA for the rules back in 2008. OOIDA believes that the burden of these regulations upon out-of-state trucks far exceeds the air pollution benefits, but in any event, now that the regulations have been in effect for several years, OOIDA states that the EPA should not approve the Anti-Idling Regulations as part of the SIP until CARB presents, and the EPA considers, up-to-date information concerning costs and benefits. EPA response to OOIDA comment #4: CARB included the Anti-Idling Regulations in the package of mobile source regulations submitted as part of the California SIP because recent and 5 See 79 FR 46256, 46262–46264. In MEMA I, the court addressed the cost of compliance issue in reviewing a waiver decision. According to the court: Section 202’s cost of compliance concern, juxtaposed as it is with the requirement that the Administrator provide the requisite lead time to allow technological developments, refers to the economic costs of motor vehicle emission standards and accompanying enforcement procedures. See S. Rep. No. 192, 89th Cong., 1st Sess. 5–8 (1965); H.R. Rep. No. 728 90th Cong., 1st Sess. 23 (1967), reprinted in U.S. Code Cong. & Admin. News 1967, p. 1938. It relates to the timing of a particular emission control regulation rather than to its social implications. Congress wanted to avoid undue economic disruption in the automotive manufacturing industry and also sought to avoid doubling or tripling the cost of motor vehicles to purchasers. It, therefore, requires that the emission control regulations be technologically feasible within economic parameters. Therein lies the intent of the cost of compliance requirement (emphasis added). VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 pending regional air quality plans depend upon the emissions reductions from implementation of the regulations. At the time the regulations were adopted, CARB estimated statewide benefits from reducing idling of sleeper berth equipped trucks at 46 tons per day of oxides of nitrogen, 4.2 tons per day of reactive organic gases, and 0.4 tons per day of particulate matter in year 2010.6 As noted previously, the CAA requires the EPA to approve SIPs and SIP revisions that meet the applicable requirements of the CAA. One of those requirements involves a determination that the state has provided necessary assurances that the state is not prohibited by any provision of federal or state law from carrying out the SIP (see CAA section 110(a)(2)(E)), and in this case, no court has found the Anti-Idling Regulations to be in violation of the Commerce Clause or any other provision of federal law. Also, as noted above in our responses to OOIDA comment #1, under Union Electric, compliance cost issues standing alone are not relevant to the EPA’s review of SIPs and SIP revisions under CAA section 110, and as noted in response to OOIDA comment #3, the Commerce Clause acts to limit certain types of state regulation that affect interstate commerce, but does not limit actions by federal agencies, such as the EPA. As also previously explained, the ‘‘dormant’’ Commerce Clause principles do not apply where Congress has established a process under which the EPA must waive preemption if certain conditions are met. The EPA’s views expressed herein concerning the reach of the ‘‘dormant’’ Commerce Clause and the viability of challenges under the Commerce Clause to California regulations for which waivers or authorizations have been issued are consistent with our recent brief in Owner-Operator Independent Drivers Association, Inc. v. EPA, D.C. Cir., Case No. 14–1192, which has been placed in the docket for this rulemaking. OOIDA comment #5: OOIDA cites CARB’s In-Use Diesel-Fueled Transport Refrigeration Units (TRUs) Regulation as another example of what it contends is a state regulation whose costs on interstate commerce far exceed any benefit yet demonstrated by CARB. OOIDA further contends that the EPA does not have the authority to approve a rule with what it views as an 6 CARB’s Updated Informative Digest, ‘‘Requirements to Reduce Idling Emissions from New and In-Use Trucks, Beginning in 2008,’’ posted September 6, 2006. PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 39431 unconstitutional impact on interstate commerce. EPA response to OOIDA comment #5: As previously explained, the Commerce Clause acts to limit certain types of state regulation that affect interstate commerce, but does not limit actions by federal agencies, such as the EPA. As also previously explained, the ‘‘dormant’’ Commerce Clause principles do not apply where Congress has established a process under which the EPA must waive preemption if certain conditions are met. On the other hand, the EPA recognizes that it must review SIPs and SIP revisions for compliance with CAA section 110(a)(2)(E), which provides in relevant part that the state must provide necessary assurances that, among other things, the state is not prohibited by any provision of federal or state law from carrying out the SIP. In this instance, no court has found CARB’s TRUs Regulation to be in violation of the Commerce Clause or any other provision of federal law. As noted above in the EPA response to OOIDA comment #3, the EPA has considered in detail the issue of the relevance of the ‘‘dormant’’ Commerce Clause to CARB’s regulations that are subject to waivers or authorizations under section 209 in a recent brief filed in the D.C. Circuit Court of Appeals in Owner-Operator Independent Drivers Association, Inc. v. EPA, D.C. Cir., Case No. 14–1192, which is in the docket for this rulemaking. III. Final Action Under section 110(k)(3) of the CAA, and for the reasons given above, we are taking final action to approve a SIP revision submitted by CARB on August 14, 2015 that includes certain sections of title 13 and title 17 of the California Code of Regulations that establish standards and other requirements relating to the control of emissions from new on-road and new and in-use offroad vehicles and engines. Tables 1 and 2 above list the regulations and related test procedures and other specifications we are approving in this action.7 We are approving the SIP revision because the regulations (and related test procedures and other specifications) included therein fulfill all relevant CAA requirements. This final action incorporates by reference the regulations into the federally enforceable SIP for the State of California. 7 As discussed above in footnotes #1 and #2, we are deferring action on 13 CCR section 2449.2(f)(4). E:\FR\FM\16JNR2.SGM 16JNR2 39432 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations srobinson on DSK5SPTVN1PROD with RULES2 IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of certain sections of title 13 and title 17 of the California Code of Regulations described in the amendments to 40 CFR part 52 set forth below. Therefore, these materials have been approved by the EPA for inclusion in the State implementation plan, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.8 The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); 8 62 FR 27968 (May 22, 1997). VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 • does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, this action does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 15, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 1, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart F—California 2. Section 52.220a is amended as follows: ■ a. In paragraph (c), table 1 is amended: ■ i. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 1 (General Provisions)’’ after the entry for ‘‘6626’’; and under it, adding entries for ‘‘1900(b)(11) through (b)(17)’’, ‘‘1900(b)(9) and (b)(22)’’, and ‘‘1900(b)(22)’’; ■ ii. By adding entries for ‘‘1956.8(a)(2), (a)(5), (b), and (h)’’, ‘‘1956.8(b), (c)(1)(B), (d), and (h)(2)(footnotes J and K)’’, and ‘‘1956.8(a)(2)(A), (a)(6), and (b)’’ after the heading ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 2 (Approval of Motor Vehicle Pollution Control Divisions (New Vehicles))’’; ■ iii. By adding entries for ‘‘1956.8(b), (c)(1)(B), (c)(3), (d), (h)(2), and (h)(5)’’, ‘‘1956.8(b), (c)(1)(A)(3), (d), and (h)(5)’’, and ‘‘1958 (a) (excluding (a)(1)), (b)(1), (b)(2), (f), (g), and (h)’’, after the entry for ‘‘1956.8’’; ■ iv. By adding entries for ‘‘1960.1(r)’’, ‘‘1960.1(r)’’, ‘‘1961, including Introduction, (a)(4), (a)(8), (a)(12), (a)(15); (b)(3)(B), (b)(3)(C), (b)(3)(D), (b)(3)(E); (d); and (e)’’, and ‘‘1961(d)’’ after the entry for ‘‘1960.1’’; ■ v. By adding entries for ‘‘1961, including Introduction, (a)(1), (a)(3), ■ E:\FR\FM\16JNR2.SGM 16JNR2 srobinson on DSK5SPTVN1PROD with RULES2 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations (a)(4), (a)(5), (a)(7), (a)(8)(B), (a)(14)(A); (b)(1)(A), (b)(1)(B)(1.)(c.), (b)(1)(B)(3.), (b)(1)(C)(1.), (b)(1)(D), (b)(3)(A), (b)(3)(B), (b)(3)(C), (b)(3)(E); (c)(1), (c)(2)(A), (c)(3)(A), (d)’’, ‘‘1961, including Introduction, (a)(1), (b)(1)(A), (d)’’, ‘‘1961.2’’, ‘‘1961.2, including Introduction, (a)(1), (a)(2)(A), (a)(2)(D), (a)(7)(A), (a)(7)(A)(2.) (through equation 2), (A)(9), (b)(1)(A), (b)(1)(A)(2.), (b)(1)(D), (b)(4)(A), (c)(1)(B), (c)(3)(B), and (d)’’; ‘‘1962.1’’, ‘‘1962.1 (b)(2)(D)(1) and (2), (c)(3)(A), and (h)(1)’’; ‘‘1962.2, excluding (g)(6)(C)’’; ‘‘1962.2(c)(2)(B), (c)(3)(A), (c)(3)(A)(1.), (h)(1)’’; ‘‘1962.3’’; ‘‘1965’’; ‘‘1965’’; ‘‘1965’’; ‘‘1971.1’’; ‘‘1971.5’’; ‘‘1976(c)’’; ‘‘1976(b)(1), (c), (f)(3) and (f)(4)’’; ‘‘1976(b)(1), (b)(1)(G)(3), (c)’’; ‘‘1978(a)(1), (b)’’; ‘‘1978(b)’’; and ‘‘1978’’ after the entry for ‘‘1961’’; ■ vi. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 6 (Emission Control Warranty System)’’ after the entry for ‘‘2027’’; and under it, adding entries for ‘‘2037(g)’’ and ‘‘2038(c)(3)’’; ■ vii. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 1 (Assembly-Line Testing)’’ after the new entry ‘‘2038(c)(3)’’; and under it, adding an entry for ‘‘2062’’; ■ viii. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.1 (Procedures for In-Use Vehicle Voluntary and Influenced Recalls)’’ after the new entry ‘‘2062’’; and under it, adding entries for ‘‘2111(a)(1)’’, ‘‘2111(a)(4)’’, ‘‘2112(l)(12)’’, ‘‘2112(l)(20), (l)(23)’’, and ‘‘2112(b), (l)(9), (l)(18)’’; ■ ix. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.3 (In-Use Vehicle Enforcement Test Procedures)’’ after the new entry ‘‘2112(b), (l)(9), (l)(18)’’; and under it, adding entries for ‘‘2139(h)’’, ‘‘2139(a), (b), (c)(2)’’, and ‘‘2140(b)’’; ■ x. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.4 (Procedures for Reporting Failures of Emission-Related Components)’’ after the new entry ‘‘2140(b)’’; and under it, adding entries VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 for ‘‘2145(b)(3)’’, ‘‘2147(b)’’, and ‘‘2147(b)(3)’’; ■ xi. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 4.4 (Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks)’’ after the new entry ‘‘2147(b)(3)’’; and under it, adding an entry for ‘‘2235’’; ■ xii. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 5.1 (Standards for Fuels for Nonvehicular Sources)’’ after the entry for ‘‘2297’’; and under it, adding an entry for ‘‘2299.3’’; ■ xiii. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (OffRoad Vehicles and Engines Pollution Control Devices), Article 1 (Small OffRoad Engines)’’ after the new entry ‘‘2299.3’’; and under it, adding entries for ‘‘2401(a)(13), (36), (41), (51), (52)’’, ‘‘2403(b)(2), (b)(3), (b)(4), (d), (e)(1)’’, ‘‘2404(a)’’; ‘‘2404(m)(1), (m)(2), (m)(3)’’; ‘‘2405(b)(1), (b)(2), (h)(1), (h)(2)’’; ‘‘2406(b)(1), (b)(2)’’; ‘‘2408(b)(2), (d)(4), (f)(1), (f)(3), (f)(4), (f)(5), (g)(1)(E), (i)(3), (i)(7)’’; ‘‘2408.1’’; and ‘‘2409(a), (b)(1), (b)(2), (b)(5), (b)(6), (d)(3)’’; ■ xiv. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (OffRoad Vehicles and Engines Pollution Control Devices), Article 3 (Off-Highway Recreational Vehicles and Engines)’’ after the new entry ‘‘2409(a), (b)(1), (b)(2), (b)(5), (b)(6), (d)(3)’’; and under it, adding entries for ‘‘2411(a)(1), (a)(13), (a)(17), (a)(18), (a)(19)’’; ‘‘2412’’; and ‘‘2413’’; ■ xv. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (OffRoad Vehicles and Engines Pollution Control Devices), Article 4 (Off-Road Compression-Ignition Engines and Equipment)’’ after the new entry ‘‘2413’’; and under it, adding entries for ‘‘2420’’, ‘‘2421’’, ‘‘2423’’, ‘‘2424’’, ‘‘2424(a)’’, ‘‘2425’’, ‘‘2425(e)’’, ‘‘2425.1’’, ‘‘2426’’, and ‘‘2427’’; ■ xvi. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (OffRoad Vehicles and Engines Pollution Control Devices), Article 4.5 (Off-Road Large Spark-Ignition Engines)’’ after the new entry ‘‘2427’’; and under it, adding entries for ‘‘2430’’, ‘‘2431(a), (a)(19), (a)(28)’’, ‘‘2433’’, ‘‘2434(c)’’, and ‘‘2438(e)(7)’’; ■ xvii. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (OffRoad Vehicles and Engines Pollution Control Devices), Article 4.7 (SparkIgnition Marine Engines)’’ after the new entry ‘‘2438(e)(7)’’; and under it, adding PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 39433 entries for ‘‘2440(a)(3)’’, ‘‘2442(a)(1), (a)(2), (b), (c), (d), (e), (f), (g), (h)’’, ‘‘2443.1(b)(1), (c)(2)(B), (c)(4)(B), (c)(4)(D), (c)(4)(G), (c)(4)(H), (d)(4)(B)’’, ‘‘2443.2(b)(1), (c)(1), (c)(2), (e)’’, ‘‘2444.1(a), (b)(3)(B), (b)(3)(E), (b)(3)(G), (e)(4)(A)(1. through 10.), (e)(4)(B), (e)(4)(C)(1., 2., and 3.)’’, ‘‘2444.2’’, ‘‘2445.1(a), (c)(1), (c)(2), (c)(3), (e)(10), (e)(11), (g)(2)(A)’’, ‘‘2445.2(a)’’, ‘‘2446(a), (b)(4)(B), (c)(1)(A), (c)(1)(B), (c)(2)(A), (c)(3)(D), (c)(3)(E), (d)(3)(D), (d)(5), (e)’’, and ‘‘2447’’; ■ xviii. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (OffRoad Vehicles and Engines Pollution Control Devices), Article 4.8 (In-Use OffRoad Diesel-Fueled Fleets)’’ after the new entry ‘‘2447’’; and under it, adding entries for ‘‘2449, excluding (d)(2)’’, ‘‘2449.1’’, and ‘‘2449.2, excluding (f)(4)’’; ■ xix. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (OffRoad Vehicles and Engines Pollution Control Devices), Article 5 (Portable Engine and Equipment Registration)’’ after the new entry ‘‘2449.2, excluding (f)(4)’’; and under it, adding entries for ‘‘2451’’, ‘‘2452’’, ‘‘2453’’, ‘‘2455, excluding (a) and (b)’’, ‘‘2456, excluding (a), (d)(3), (d)(5), and (d)(6)’’, ‘‘2458’’, ‘‘2459’’, ‘‘2460’’, ‘‘2461’’, and ‘‘2462’’; ■ xx. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (OffRoad Vehicles and Engines Pollution Control Devices), Article 7 (Certification Procedures for Aftermarket Parts for OffRoad Vehicles, Engines, Equipment)’’ after the new entry ‘‘2462’’; and under it, adding an entry for ‘‘2474(e), (i)(1)’’; ■ xxi. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (OffRoad Vehicles and Engines Pollution Control Devices), Article 8 (Off-Road Airborne Toxic Control Measures)’’ after the new entry ‘‘2474(e), (i)(1)’’; and under it, adding entries for ‘‘2477’’, ‘‘2479, excluding (e)(2) and (e)(4)’’, and ‘‘2479(a), (b), (c), (d), (e)(1), (e)(3), (e)(5), (f)(1), (f)(2), (f)(3), (f)(6), (h)(1), (i), (j)(1), (j)(2), (j)(3), (k), (l), (m), (n), (o), (p), (q), (r)’’; ■ xxii. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 10 (Mobile Source Operational Controls), Article 1 (Motor Vehicles)’’ after the new entry ‘‘2479(a), (b), (c), (d), (e)(1), (e)(3), (e)(5), (f)(1), (f)(2), (f)(3), (f)(6), (h)(1), (i), (j)(1), (j)(2), (j)(3), (k), (l), (m), (n), (o), (p), (q), (r)’’; and under it, adding an entry for ‘‘2485, excluding (c)(1)(A), (c)(1)(B), (c)(3)(B)’’; E:\FR\FM\16JNR2.SGM 16JNR2 39434 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations xxiii. By adding a table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and Engines Pollution Control Requirements), Article 2 (Large Spark Ignition (LSI) Engines Fleet Requirements)’’ after the entry for ‘‘2701’’; and under it, adding entries for ‘‘2775’’, ‘‘2775.1’’, and ‘‘2775.2’’; ■ xxiv. By adding entries for ‘‘93116’’, ‘‘93116.1’’, ‘‘93116.2’’, ‘‘93116.3, excluding (a)’’, ‘‘93116.4’’, ‘‘93116.5’’, ‘‘93118.3’’, and ‘‘93118.5, excluding (e)(1)’’ after the entry for ‘‘93114’’; and b. Paragraph (c), table 2 is amended by adding entries for ‘‘California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles, as last amended September 5, 2003’’, ‘‘California Motor Vehicle Emission Control and Smog Index Label Specifications for 1978 through 2003 Model Year Motorcycles, Light-, Medium- and Heavy-Duty Engines and Vehicles,’’ as last amended September 5, 2003’’, ‘‘California Smog Index Label Specifications for 2004 and Subsequent Model Passenger Cars and Light-Duty Trucks,’’ adopted September 5, 2003’’, ‘‘California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended September 5, 2003’’, ‘‘California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as amended June 22, 2006’’, ‘‘California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended June 22, 2006’’, ‘‘California Exhaust Emission Standards Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and MediumDuty Vehicles, as last amended June 22, 2006’’, ‘‘California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended March 22, 2012’’, ‘‘California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended March 22, 2012’’, ‘‘California Non-Methane Organic Gas Test Procedures, as last amended March 22, 2012’’, ‘‘California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, LightDuty Trucks, and Medium-Duty Vehicles, as last amended March 22, srobinson on DSK5SPTVN1PROD with RULES2 ■ VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 2012, excluding GHG-related provisions’’, ‘‘California Environmental Performance Label Specifications for 2009 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles, as last amended March 22, 2012’’, ‘‘California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended March 22, 2012’’, ‘‘California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended March 22, 2012’’, ‘‘Specifications for Fill Pipes and Openings of 1977 through 2014 Model Motor Vehicle Fuel Tanks, as last amended March 22, 2012’’, ‘‘Specifications for Fill Pipes and Openings of 2015 and Subsequent Model Motor Vehicle Fuel Tanks, adopted March 22, 2012’’, ‘‘California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, LightDuty Trucks, and Medium-Duty Vehicles, adopted March 22, 2012, excluding GHG-related provisions’’, ‘‘California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended March 22, 2012, excluding GHG-related provisions’’, ‘‘California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted March 22, 2012, excluding GHG-related provisions’’, ‘‘California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, LightDuty Trucks, and Medium-Duty Vehicles, as last amended December 6, 2012, excluding GHG-related provisions’’, ‘‘California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended December 6, 2012, excluding GHG-related provisions’’, ‘‘California Non-Methane Organic Gas Test PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 Procedures, as last amended December 6, 2012’’, ‘‘California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended December 6, 2012’’, ‘‘California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended December 6, 2012’’, ‘‘California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended December 6, 2012’’, ‘‘California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended December 6, 2012’’, ‘‘California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted December 6, 2012, excluding GHGrelated provisions’’, ‘‘California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-cycle Engines, as last amended December 12, 2002’’, ‘‘California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended October 25, 2001’’, ‘‘California Motor Vehicle Emission Control and Smog Index Label Specifications, as last amended October 22, 1999’’, ‘‘California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines, as last amended September 1, 2006’’, ‘‘California Exhaust Emission Standards and Test Procedures for New 2001 through 2006 Off-Road Large SparkIgnition Engines, Parts I and II, adopted September 1, 1999 and as last amended March 2, 2007’’, ‘‘California Exhaust and Evaporative Emission Standards and Test Procedures for 2007 through 2009 Off-Road Large Spark-Ignition Engines, (2007–2009 Test Procedure 1048), adopted March 2, 2007’’, ‘‘California Exhaust and Evaporative Emission Standards and Test Procedures for New 2010 and Later OffRoad Large Spark-Ignition Engines, (2010 and Later Test Procedure 1048), adopted March 2, 2007’’, ‘‘California Exhaust and Evaporative Emission Standards and Test Procedures for New 2007 and Later Off-Road Large SparkIgnition Engines (Test Procedures 1065 and 1068), adopted March 2, 2007’’, E:\FR\FM\16JNR2.SGM 16JNR2 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations ‘‘California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines, as last amended February 24, 2010’’, ‘‘California Exhaust Emission Standards and Test Procedures for New 2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition Engines, Part I–B, adopted January 28, 2000 and as last amended October 20, 2005’’, ‘‘California Exhaust Emission Standards and Test Procedures for New 1996 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition Engines, Part II, adopted May 12, 1993 and as last amended October 20, 2005’’, ‘‘California Exhaust Emission Standards and Test Procedures for New 2008 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I–C, adopted October 20, 2005’’, ‘‘California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines, as last amended June 5, 2009’’, ‘‘Procedures for Exemption of Add-On and Modified Parts for OffRoad Categories, as last amended June 5, 2009’’, and ‘‘California Exhaust 39435 Emissions Standards and Test Procedures for 1997 and Later OffHighway Recreational Vehicles, and Engines, as last amended August 15, 2007’’ after the entry for ‘‘Procedures for Using the California Model for California Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB)’’. The additions read as follows: § 52.220a * Identification of plan—partial. * * (c) * * * * * TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1 State citation State effective date Title/subject * * * EPA approval date * * Additional explanation * * Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 1 (General Provisions) 1900(b)(11) through (b)(17) .................. Definitions ............................................. 11/22/1999 [Insert Federal Register citation], 6/16/2016. 1900(b)(9) and (b)(22) .......................... Definitions ............................................. 8/7/2012 [Insert Federal Register citation], 6/16/2016. 1900(b)(22) ............................................ Definitions ............................................. 12/31/2012 [Insert Federal Register citation], 6/16/2016. * * * * 1956.8(a)(2), (a)(5), (b), and (h) ........... Exhaust Emissions Standards and Test 11/17/2002 Procedures—1985 and Subsequent Model Heavy-Duty Engines and Vehicles. 1956.8(b), (c)(1)(B), (d), and (h)(2) (footnotes J and K). 1956.8(a)(2)(A), (a)(6), and (b) ............. Exhaust Emissions Standards and Test Procedures—1985 and Subsequent Model Heavy-Duty Engines and Vehicles. Exhaust Emissions Standards and Test Procedures—1985 and Subsequent Model Heavy-Duty Engines and Vehicles. * * * * 1956.8(b), (c)(1)(B), (c)(3), (d), (h)(2), Exhaust Emissions Standards and Test and (h)(5). Procedures—1985 and Subsequent Model Heavy-Duty Engines and Vehicles. 12/4/2003 11/15/2006 8/7/2012 Exhaust Emissions Standards and Test Procedures—1985 and Subsequent Model Heavy-Duty Engines and Vehicles. 12/31/2012 1958(a) (excluding (a)(1)), (b)(1), (b)(2), (f), (g), and (h). srobinson on DSK5SPTVN1PROD with RULES2 1956.8(b), (c)(1)(A)(3), (d), and (h)(5) .. Exhaust Emissions Standards and Test Procedures—Motorcycles and Motorcycle Engines Manufactured on or after January 1, 1978. 11/22/1999 VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 Definitions of ‘‘motorcycle engine,’’ ‘‘passenger car,’’ ‘‘recall,’’ ‘‘replacement part,’’ ‘‘subgroup,’’ and ‘‘reactivity adjustment factor.’’ Definitions of ‘‘intermediate volume manufacturer’’ and ‘‘small volume manufacturer.’’ Definition of ‘‘small volume manufacturer.’’ * * * [Insert Federal Register Exhaust emissions standards for new citation], 6/16/2016. 2004 and subsequent model heavyduty diesel engines, heavy-duty natural gas-fueled and LPG-fueled engines derived from diesel-cycle engines; crankcase emissions requirements; test procedures. [Insert Federal Register Test procedures; exhaust emissions citation], 6/16/2016. standards for new 2005 and subsequent model HD OC engines. [Insert Federal Register citation], 6/16/2016. Heavy-duty diesel engine idling requirements; test procedures. * * * [Insert Federal Register Test procedures; exhaust emissions citation], 6/16/2016. standard for new 2005 and subsequent model HD OC engines; 1992 and subsequent model diesel engines used in MD low-emissions vehicles. [Insert Federal Register Test procedures; exhaust emissions citation], 6/16/2016. standard for new 2005 and subsequent model HD OC engines; 1992 and subsequent model diesel engines used in MD low-emissions vehicles. [Insert Federal Register Exhaust emissions standards for HC + citation], 6/16/2016. NOX and for CO; different standards established for different sizes and for different models years; provisions for small volume manufacturers and for early-compliance credits; sunset review. Excluded subsection relates to an exclusion for motorcycles or motorcycle engines where the engine displacement is less than 50 cubic centimeters. E:\FR\FM\16JNR2.SGM 16JNR2 39436 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued State citation State effective date Title/subject EPA approval date Additional explanation * * * * 1960.1(r) ................................................ Exhaust Emission Standards and Test 8/7/2012 Procedures—1981 through 2006 Model Passenger Cars, Light Duty Trucks, and Medium Duty Vehicles. 1960.1(r) ................................................ Exhaust Emission Standards and Test 12/31/2012 Procedures—1981 through 2006 Model Passenger Cars, Light Duty Trucks, and Medium Duty Vehicles. 1961, including Introduction, (a)(4), Exhaust Emission Standards and Test 12/4/2003 (a)(8), (a)(12), (a)(15); (b)(3)(B), Procedures—2004 and Subsequent (b)(3)(C), (b)(3)(D), (b)(3)(E); (d); and Model Passenger Cars, Light-Duty (e). Trucks, and Medium-Duty Vehicles. * * * [Insert Federal Register 4,000-mile Supplement FTP Emission citation], 6/16/2016. Standards for LEV, ULEV, and SULEV in the PC, LDT, and MDVs. 1961(d) .................................................. [Insert Federal Register citation], 6/16/2016. Exhaust Emission Standards and Test Procedures—2004 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles. 2/17/2007 [Insert Federal Register citation], 6/16/2016. 4,000-mile Supplement FTP Emission Standards for LEV, ULEV, and SULEV in the PC, LDT, and MDVs. [Insert Federal Register citation], 6/16/2016. 50 °F Exhaust emissions standards, requirements for vehicles certified to the optional 150,000 mile standards, NMOG credit provisions, fuel-fired heater provisions, phase-in requirements for MDV manufacturers; test procedures. Test procedures. * * * [Insert Federal Register ‘‘LEV III’’ exhaust emission standards citation], 6/16/2016. for 2004 through 2019 model PC, LDT, and MDV; test procedures. 1962.1(b)(2)(D)(1) and (2), (c)(3)(A), and (h)(1). Zero-Emission Vehicle Standards for 2009 through 2017 Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles. 12/31/2012 [Insert Federal Register citation], 6/16/2016. 1962.2, excluding (g)(6)(C) ................... Zero-Emission Vehicle Standards for 2018 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles. 8/7/2012 [Insert Federal Register citation], 6/16/2016. 1962.2(c)(2)(B), (c)(3)(A), (c)(3)(A)(1.), (h)(1). Zero-Emission Vehicle Standards for 2018 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles. 12/31/2012 [Insert Federal Register citation], 6/16/2016. 1962.3 ................................................... srobinson on DSK5SPTVN1PROD with RULES2 * * * * 1961, including Introduction, (a)(1), Exhaust Emission Standards and Test 8/7/2012 (a)(3), (a)(4), (a)(5), (a)(7), (a)(8)(B), Procedures—2004 through 2019 (a)(14)(A); (b)(1)(A), (b)(1)(B)(1.)(c.), Model Passenger Cars, Light-Duty (b)(1)(B)(3.), (b)(1)(C)(1.), (b)(1)(D), Trucks, and Medium-Duty Vehicles. (b)(3)(A), (b)(3)(B), (b)(3)(C), (b)(3)(E); (c)(1), (c)(2)(A), (c)(3)(A), (d). 1961, including Introduction, (a)(1), Exhaust Emission Standards and Test 12/31/2012 (b)(1)(A), (d). Procedures—2004 through 2019 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles. 1961.2 ................................................... Exhaust Emission Standards and Test 8/7/2012 Procedures—2015 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles. 1961.2, including Introduction, (a)(1), Exhaust Emission Standards and Test 12/31/2012 (a)(2)(A), (a)(2)(D), (a)(7)(A), Procedures—2015 and Subsequent (a)(7)(A)(2.) (through equation 2), Model Passenger Cars, Light-Duty (A)(9), (b)(1)(A), (b)(1)(A)(2.), Trucks, and Medium-Duty Vehicles. (b)(1)(D), (b)(4)(A), (c)(1)(B), (c)(3)(B), and (d). 1962.1 ................................................... Zero-Emission Vehicle Standards for 8/7/2012 2009 through 2017 Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles. Electric Vehicle Charging Requirements. Emission Control and Smog Index Labels—1979 and Subsequent ModelYear Motor Vehicles. Emission Control and Smog Index Labels—1979 and Subsequent ModelYear Motor Vehicles. Emission Control, Smog Index, and Environmental Performance Labels— 1979 and Subsequent Model-Year Motor Vehicles. 8/7/2012 [Insert Federal Register citation], 6/16/2016. [Insert Federal Register citation], 6/16/2016. 1965 ...................................................... 1965 ...................................................... 1965 ...................................................... VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4701 11/22/1999 [Insert Federal Register citation], 6/16/2016. ‘‘LEV III’’ exhaust emission standards for 2004 through 2019 model PC, LDT, and MDV; test procedures. [Insert Federal Register citation], 6/16/2016. ‘‘LEV III’’ exhaust emission standards for 2015 and subsequent model year PC, LDT, and MDV. [Insert Federal Register citation], 6/16/2016. ‘‘LEV III’’ exhaust emission standards for 2015 and subsequent model year PC, LDT, and MDV. [Insert Federal Register citation], 6/16/2016. ZEV standards, percentage ZEV requirements, PZEV provisions, qualification for ZEV multipliers and credits, generation and use of credits, calculation of penalties, test procedures. ZEV requirements for large volume manufacturers in model years 2012 through 2017 and PZEV allowances; test procedures, ZEV-specific definitions. ZEV standards, percentage ZEV requirements, TZEV provisions, qualification of ZEV credits, generation and use of credits, test procedures, ZEV-specific definitions; excluded provision relates to GHG–ZEV over compliance credits. Certain ZEV requirements in model years 2018 and subsequent model years including evaporative emission standards for TZEVs, TZEV allowances, and test procedures. Applicability, definitions, requirements, alternatives. Emission control label requirements. 12/04/2003 [Insert Federal Register citation], 6/16/2016. Emission control label requirements. 8/7/2012 [Insert Federal Register citation], 6/16/2016. Emission control label requirements. Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39437 TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued State effective date State citation Title/subject 1971.1 ................................................... On-Board Diagnostic System Requirements—2010 and Subsequent Model-Year Heavy-Duty Engines. 1971.5 ................................................... 1976(c) .................................................. 1978(a)(1), (b) ....................................... 1978(b) .................................................. [Insert Federal Register citation], 6/16/2016. 6/17/2010 [Insert Federal Register citation], 6/16/2016. 2/17/2007 [Insert Federal Register citation], 6/16/2016. Establishes emission standards and other requirements for OBD systems that monitor emission systems in-use for the actual life of the engine and detect malfunctions of the monitored emissions systems, illuminating a malfunction indicator light to notify the vehicle operator of detected malfunctions, and storing fault codes identifying the detected malfunctions. Establishes enforcement protocol for use by CARB to assure the engines certified for sale in California are equipped with OBD systems that properly function and meet the applicable regulatory requirements. Test procedures. 8/7/2012 [Insert Federal Register citation], 6/16/2016. Fuel evaporative emission standards; test procedures; definitions. 12/31/2012 [Insert Federal Register citation], 6/16/2016. Fuel evaporative emission standards; test procedures; definitions. 12/4/2003 [Insert Federal Register citation], 6/16/2016. 2/17/2007 [Insert Federal Register citation], 6/16/2016. [Insert Federal Register citation], 6/16/2016. Standards for vehicle refueling for 1998 and subsequent model passenger cars, LDT, and MDV less than 8,501 pounds. Test procedures. Standards and Test Procedures for Vehicle Refueling Emissions. Standards and Test Procedures for Vehicle Refueling Emissions. 1978 ...................................................... * 6/17/2010 Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions. Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions. Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions. Standards and Test Procedures for Vehicle Refueling Emissions. 1976(b)(1), (b)(1)(G)(3), (c) ................... Additional explanation Enforcement of Malfunction and Diagnostic System Requirements for 2010 and Subsequent Model-Year Heavy-Duty Engines. 1976(b)(1), (c), (f)(3) and (f)(4) ............. EPA approval date * * 8/7/2012 * * Refueling emissions standards for 1998 and subsequent model gasoline-fueled, alcohol-fueled, dieselfueled, LPG-fueled, fuel-flexible and hybrid electric PC, LDT, and MDV up to 8,501 pounds, and similarly-fueled 2015 and subsequent year MDV from 8,501 pounds to 14,000 pounds. * * Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 6 (Emission Control Warranty System) 2037(g) .................................................. 2038(c)(3) .............................................. Defects Warranty Requirements for 1990 and Subsequent Model Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles, and Motor Vehicle Engines Used in Such Vehicles. Performance Warranty Requirements for 1990 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, and Motor Vehicle Engines Used in Such Vehicles. 8/7/2012 [Insert Federal Register citation], 6/16/2016. Reporting requirements. 8/7/2012 [Insert Federal Register citation], 6/16/2016. Reporting requirements. Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 1 (Assembly-Line Testing) 2062 ...................................................... Assembly-Line Procedures—1998 and Subsequent Model Years. 8/7/2012 [Insert Federal Register citation], 6/16/2016. Assembly-line test procedures. Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.1 (Procedures for In-Use Vehicle Voluntary and Influenced Recalls) srobinson on DSK5SPTVN1PROD with RULES2 2111(a)(1) .............................................. VerDate Sep<11>2014 18:52 Jun 15, 2016 Applicability ........................................... Jkt 238001 PO 00000 Frm 00015 Fmt 4701 8/15/2007 Sfmt 4700 [Insert Federal Register citation], 6/16/2016. E:\FR\FM\16JNR2.SGM Procedures apply to California-certified 1982 and subsequent model-year passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles, motorcycles, and 1997 and subsequent model-year off-road motorcycles and all-terrain vehicles, and 2007 and subsequent model-year off-road sport vehicles, off-road utility vehicles, and sand cars. 16JNR2 39438 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued State effective date State citation Title/subject EPA approval date Additional explanation 2111(a)(4) .............................................. Applicability ........................................... 8/16/2009 [Insert Federal Register citation], 6/16/2016. Definitions ............................................. 8/15/2007 [Insert Federal Register citation], 6/16/2016. 2112(l)(20), (l)(23) ................................. Definitions ............................................. 8/16/2009 2112(b), (l)(9), (l)(18) ............................ Definitions ............................................. 8/7/2012 [Insert Federal Register citation], 6/16/2016. [Insert Federal Register citation], 6/16/2016. Procedures apply to certain Californiacertified 2008 model year spark-ignition sterndrive/inboard marine engines with maximum rated power less than or equal to 373 kilowatts, and all California-certified 2009 and subsequent model-year spark-ignition sterndrive/inboard marine engines. Definition of ‘‘useful life’’ for 1997 and subsequent model year off-road motorcycles, all-terrain vehicles, and for 2007 and subsequent model year off-road sport vehicles, off-road utility vehicles, sand cars, and engines used in such vehicles. Definition of ‘‘useful life’’ for certain types of vehicles. Definition of ‘‘correlation factor,’’ and definition of ‘‘useful life’’ for certain types of vehicles. 2112(l)(12) ............................................. Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.3 (In-Use Vehicle Enforcement Test Procedures) 2139(h) .................................................. Testing .................................................. 8/16/2009 [Insert Federal Register citation], 6/16/2016. 2139(a), (b), (c)(2) ................................. Testing .................................................. 8/7/2012 [Insert Federal Register citation], 6/16/2016. 2140(b) .................................................. Notification and Use of Test Results .... 8/7/2012 Specifies in-use compliance tests for spark-ignition sterndrive/inboard marine engines. Specifies in-use vehicle emission tests by CARB after vehicles have been accepted and restorative maintenance, if any, has been performed. Notification and use requirements once the in-use emission tests have been completed. [Insert Federal Register citation], 6/16/2016. Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.4 (Procedures for Reporting Failures of Emission-Related Components) 2145(b)(3) .............................................. Field Information Report ....................... 2147(b) .................................................. Demonstration of Compliance Emissions Standards. Demonstration of Compliance Emissions Standards. 2147(b)(3) .............................................. 8/7/2012 with 8/16/2009 with 8/7/2012 [Insert Federal Register citation], 6/16/2016. [Insert Federal Register citation], 6/16/2016. [Insert Federal Register citation], 6/16/2016. Reporting requirements. Applies the requirements to sterndrive/ inboard marine engines. Testing requirements and selection of deterioration factors. Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 4.4 (Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks) 2235 ...................................................... * Requirements ........................................ * * 8/7/2012 * [Insert Federal Register citation], 6/16/2016. * Requirements for 1977 and subsequent model gasoline-fueled motor vehicles with respect to fill pipes and openings. * * Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 5.1 (Standards for Fuels for Nonvehicular Sources) srobinson on DSK5SPTVN1PROD with RULES2 2299.3 ................................................... Airborne Toxic Control Measure for Auxiliary Diesel Engines Operated on Ocean-Going Vessels At-Berth in a California Port. 1/2/2009 [Insert Federal Register citation], 6/16/2016. Requires that any person who owns, operates, container vessel, passenger vessel, or refrigerated cargo vessel that visits a California port comply with section 93118.3 relating to the operation of auxiliary diesel engines on OGV at-berth in a California port. Also applies to any person who owns or operates a port or terminal located at a California port where container, passenger or refrigerated cargo vessels visit. Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 1 (Small Off-Road Engines) 2401(a)(13), (36), (41) , (51), (52) ........ VerDate Sep<11>2014 18:52 Jun 15, 2016 Definitions ............................................. Jkt 238001 PO 00000 Frm 00016 Fmt 4701 5/5/2010 Sfmt 4700 [Insert Federal Register citation], 6/16/2016. E:\FR\FM\16JNR2.SGM Definitions for ‘‘eight-hour workday,’’ ‘‘professional level,’’ ‘‘standard battery package,’’ ‘‘zero-emission equipment credits,’’ and ‘‘zero-emission equipment engine family.’’ 16JNR2 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39439 TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued State effective date State citation Title/subject 2403(b)(2), (b)(3), (b)(4), (d), (e)(1) ...... Exhaust Emission Standards and Test Procedures—Small Off-Road Engines. Emission Control Labels and Consumer Information—1995 and Later Small Off-Road Engines. 2404(a) .................................................. 2404(m)(1), (m)(2), (m)(3) ..................... 2405(b)(1), (b)(2), (h)(1), (h)(2) ............. 2406(b)(1), (b)(2) ................................... 2408(b)(2), (d)(4), (f)(1), (f)(3), (f)(4), (f)(5), (g)(1)(E), (i)(3), (i)(7). 2408.1 ................................................... 2409(a), (b)(1), (b)(2), (b)(5), (b)(6), (d)(3). Emission Control Labels and Consumer Information—1995 and Later Small Off-Road Engines. Defects Warranty Requirements for 1995 and Later Small Off-Road Engines. Emission Control System Warranty Statement. Emission Reduction Credits—Certification Averaging, Banking, and Trading Provisions. Emission Reduction Credits—ZeroEmission Equipment Credits Averaging, Banking, and Trading Provisions. Emission Reduction Credits—Production Credit Program for New Engines. EPA approval date Additional explanation 5/5/2010 [Insert Federal Register citation], 6/16/2016. 11/15/2006 [Insert Federal Register citation], 6/16/2016. 5/5/2010 [Insert Federal Register citation], 6/16/2016. Low-emitting blue sky series engine requirements, evaporative emission requirements, test procedures. The requirements in section 2404 recognize the certain emission-critical or emission-related parts must be properly identified and maintained in order for engines to meet the applicable emissions standards and that information regarding engines’ emissions levels may influence consumer choice. Zero-emission equipment label content and placement requirements. 5/5/2010 [Insert Federal Register citation], 6/16/2016. Zero-emission equipment warranty requirements. 5/5/2010 [Insert Federal Register citation], 6/16/2016. [Insert Federal Register citation], 6/16/2016. Warranty contact requirement. 5/5/2010 5/5/2010 [Insert Federal Register citation], 6/16/2016. 5/5/2010 [Insert Federal Register citation], 6/16/2016. Limits on use of certification emission credits, certain reporting requirements. Applicability; general provisions; averaging, banking, and trading provisions; credit calculation and compliance provisions; use of zero-emission equipment credit; recordkeeping and reporting. Applicability; general provisions; certain banking provisions. Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 3 (Off-Highway Recreational Vehicles and Engines) 2411(a)(1), (a)(19). (a)(13), (a)(17), (a)(18), Definitions ............................................. 8/15/2007 [Insert Federal Register citation], 6/16/2016. 2412 ...................................................... Emission Standards and Test Procedures—New Off-Highway Recreational Vehicles and Engines. 8/15/2007 [Insert Federal Register citation], 6/16/2016. 2413 ...................................................... Emission Control Labels—New OffHighway Recreational Vehicles. 8/15/2007 [Insert Federal Register citation], 6/16/2016. Definitions for ‘‘all-terrain vehicle,’’ offhighway recreational vehicle engines,’’ ‘‘off-road sport vehicle,’’ ‘‘offroad utility vehicle,’’ ‘‘sand car.’’ Exhaust and evaporative emissions standards for off-highway recreational vehicles and engines used in such vehicles produced on or after January 1, 1997 that are sold, leased, used, or introduced into commerce in California; test procedures. Provisions related to applicability, and label content and location. Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4 (Off-Road Compression-Ignition Engines and Equipment) Applicability ........................................... 1/6/2006 [Insert Federal Register citation], 6/16/2016. 2421 ...................................................... Definitions ............................................. 1/6/2006 2423 ...................................................... srobinson on DSK5SPTVN1PROD with RULES2 2420 ...................................................... Exhaust Emission Standards and Test Procedures—Off-Road CompressionIgnition Engines. 1/6/2006 [Insert Federal Register citation], 6/16/2016. [Insert Federal Register citation], 6/16/2016. VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM Applies to new heavy-duty off-road CI engines produced on or after January 1, 1996 and all other new 2000 model year and later off-road CI engines, except those covered by the preemption provisions in CAA section 209(e)(1). Certification required for new engines subject to 13 CCR chapter 9, article 4. Defined terms in addition to hose in 13 CCR § 1900(b). Exhaust emissions standards (tiers 1, 2, 3 and 4), upper limits for family emission limits (tiers 1, 2, 3 and 4), low-emitting blue sky series engine requirements, crankcase emissions provisions, early certification provisions, prohibition on defeat devices, test procedures, recordkeeping and compliance calculations, economic hardship provisions, allowance for production of engines, labeling requirements, 16JNR2 39440 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued State effective date State citation Title/subject EPA approval date Additional explanation 2424 ...................................................... Emission Control Labels—1996 and Later Off-Road Compression-Ignition Engines. 1/6/2006 [Insert Federal Register citation], 6/16/2016. Emission Control Labels—1996 and Later Off-Road Compression-Ignition Engines. 11/15/2006 [Insert Federal Register citation], 6/16/2016. 2425 ...................................................... Defects Warranty Requirements for 1996 and Later Off-Road Compression-Ignition Engines. 1/6/2006 [Insert Federal Register citation], 6/16/2016. 2425(e) .................................................. Defects Warranty Requirements for 1996 and Later Off-Road Compression-Ignition Engines. 11/15/2006 [Insert Federal Register citation], 6/16/2016. 2425.1 ................................................... Defect Investigation and Reporting Requirements. 1/6/2006 [Insert Federal Register citation], 6/16/2016. 2426 ...................................................... Emission Control Statement. Warranty 1/6/2006 [Insert Federal Register citation], 6/16/2016. 2427 ...................................................... Production Engine Testing, Selection, Evaluation, and Enforcement Action. 1/6/2006 [Insert Federal Register citation], 6/16/2016. Requirements on manufacturers to affix a label on each production engine (or equipment) to provide the engine or equipment owner and service mechanic with information necessary for the proper maintenance of these parts in customer use. The requirements of section 2424 recognize that certain emissions-critical or emissions-related parts must be properly identified and maintained in order for engines to meet the applicable emissions standards. Applies to new 1996–1999 model year heavy-duty off-road CI engines and new 2000 and later model year CI engines. Requirement on manufacturers to furnish with each new engine written instructions for the maintenance and use of the engine by the owner. Applicability, general provisions, and investigation and reporting procedures. Requires manufacturers to furnish a specific warranty statements with each 1996–1999 heavy-duty off-road CI engine. Compliance test procedures, qualityaudit test procedures, selective enforcement audit requirements. 2424(a) .................................................. System Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.5 (Off-Road Large Spark-Ignition Engines) 2430 ...................................................... Applicability ........................................... 5/12/2007 [Insert Federal Register citation], 6/16/2016. 2431(a), (a)(19), (a)(28) ........................ Definitions ............................................. 5/12/2007 [Insert Federal Register citation], 6/16/2016. 2433 ...................................................... Emission Standards and Test Procedures—Off-Road Large Spark Ignition Engines. Emission Control Labels—2001 and Later Off-Road Large Spark-Ignition Engines. In-Use Compliance Program ................ 5/12/2007 [Insert Federal Register citation], 6/16/2016. 5/12/2007 [Insert Federal Register citation], 6/16/2016. 5/12/2007 [Insert Federal Register citation], 6/16/2016. 2434(c) .................................................. 2438(e)(7) .............................................. Applies to LSI off-road engines 25 horsepower or greater after 1/1/2001 and all equipment and vehicles after 1/1/2001 that use such engines. On 1/1/2007, applicability remains the same but is defined in terms of kW (i.e., 19 kW and above). Definitions of ‘‘Family Emission Level or FEL’’ and ‘‘Off-Road Large SparkIgnition Engines’’ or ‘‘LSI Engines.’’ New off-road LSI exhaust, crankcase, and evaporative emission standards and test procedures. Label content and location requirements. Credit calculation. Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.7 (SparkIgnition Marine Engines) Applicability ........................................... 8/16/2009 [Insert Federal Register citation], 6/16/2016. 2442(a)(1), (a)(2), (b), (c), (d), (e), (f), (g), (h). srobinson on DSK5SPTVN1PROD with RULES2 2440(a)(3) .............................................. Emissions Standards ............................ 8/16/2009 [Insert Federal Register citation], 6/16/2016. 2443.1(b)(1), (c)(2)(B), (c)(4)(B), (c)(4)(D), (c)(4)(G), (c)(4)(H), (d)(4)(B). 2443.2(b)(1), (c)(1), (c)(2), (e) .............. Emission Control Labels—Model Year 2001 and Later Spark-Ignition Marine Engines. Consumer/Environmental Label Requirements. 8/16/2009 [Insert Federal Register citation], 6/16/2016. 8/16/2009 [Insert Federal Register citation], 6/16/2016. VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM Exemption for spark-ignition sterndrive/ inboard marine engines used solely for competition. Model year 2001 and later model year spark-ignition personal watercraft and outboard marine engines; model year 2003 and later model year spark-ignition sterndrive/inboard marine engines; Not-to-Exceed (NTE) limits; voluntary standards; new replacement engine requirements for manufacturers; test equipment and test procedures. Requirements related to emission control labels. Label requirements for certified model year 2001 and later spark-ignition personal watercraft and outboard marine engines and certified model year 2003 and later spark-ignition sterndrive/inboard engines. 16JNR2 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39441 TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued State effective date State citation Title/subject 2444.1(a), (b)(3)(B), (b)(3)(E), (b)(3)(G), (e)(4)(A)(1. Through 10.), (e)(4)(B), (e)(4)(C)(1., 2., and 3.). 2444.2 ................................................... In-Use Compliance Testing and Recall Regulations—Model Year 2001 and Later Spark-Ignition Marine Engines. On-Board Engine Malfunction Detection System Requirements—Model Year 2007 and Later Spark-Ignition Sterndrive/Inboard Marine Engines. 2445.1(a), (c)(1), (c)(2), (c)(3), (e)(10), (e)(11), (g)(2)(A). 2445.2(a) ............................................... 2446(a), (b)(4)(B), (c)(1)(A), (c)(1)(B), (c)(2)(A), (c)(3)(D), (c)(3)(E), (d)(3)(D), (d)(5), (e). 2447 ...................................................... EPA approval date Additional explanation 8/16/2009 [Insert Federal Register citation], 6/16/2016. Recordkeeping and reporting requirements. 8/16/2009 [Insert Federal Register citation], 6/16/2016. Defects Warranty Requirements for Model Year 2001 and Later SparkIgnition Marine Engines. Emission Control Warranty Statements 8/16/2009 [Insert Federal Register citation], 6/16/2016. General requirements; monitoring requirements; additional audio/visual alert device activation and diagnostic trouble code storage protocol; tampering protection; certification documentation; testing, standardization, and implementation schedule. Warranty requirements. 8/16/2009 2001 and Later Model Year Production-Line Test Procedures and Selective Enforcement Auditing Regulations for Spark-Ignition Marine Engines. California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines. 8/16/2009 [Insert Federal Register citation], 6/16/2016. [Insert Federal Register citation], 6/16/2016. 8/16/2009 [Insert Federal Register citation], 6/16/2016. Emission control warranty statement requirements. Applicability provision; certain qualityaudit line test procedures for 2001 and later model years; test procedures; selective enforcement auditing regulations. Certain test procedures are incorporated by reference. Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.8 (In-Use OffRoad Diesel-Fueled Fleets) 2449, excluding (d)(2) ........................... General Requirements for In-Use OffRoad Diesel-Fueled Fleets. 12/14/2011 [Insert Federal Register citation], 6/16/2016. 2449.1 ................................................... Performance Requirements .................. 12/14/2011 [Insert Federal Register citation], 6/16/2016. 2449.2, excluding (f)(4) ......................... Surplus Off-Road Opt-In (SOON) Program. 12/14/2011 [Insert Federal Register citation], 6/16/2016. for NOX Applicability, definitions, performance requirements (different requirements apply to large, medium and small fleets), compliance date extension provision, labeling requirements, reporting and recordkeeping requirements. Excluded subsection relates to idling limits. Establishes fleet average requirements and compliance dates, BACT provisions, credit provisions. Purpose is to achieve additional reductions of NOX from in-use off-road diesel-fueled vehicles beyond those achieved through implementation of the requirements in 13 CCR §§ 2449 and 2449.1. Applicability, definitions, requirements, SOON targets, local air district opt-in provisions. Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 5 (Portable Engine and Equipment Registration) Applicability ........................................... 09/12/2007 [Insert Federal Register citation], 6/16/2016. 2452 ...................................................... Definitions ............................................. 09/12/2007 [Insert Federal Register citation], 6/16/2016. 2453 ...................................................... Application Process .............................. 09/12/2007 [Insert Federal Register citation], 6/16/2016. 2455, excluding (a) and (b) ................... srobinson on DSK5SPTVN1PROD with RULES2 2451 ...................................................... General Requirements .......................... 09/12/2007 [Insert Federal Register citation], 6/16/2016. VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM Voluntary registration program for owners or portable engines or equipment units, with certain exceptions. If not registered under this program, the engine or equipment units shall be subject to district permitting requirements pursuant to district regulations. Definitions that apply to the portable engine and equipment registration regulations. To be considered for registration, portable engines or equipment units must meet the requirements in article 5, including the application-related requirements in this section. Provisions related to operation of portable engines and equipment units during emergency events; PSD notification requirements if the registered equipment unit operates at a major stationary source. Excluded subsections relate to attainment or maintenance of ambient air quality standards, nuisance, and opacity. 16JNR2 39442 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued State effective date State citation Title/subject EPA approval date Additional explanation 2456, excluding (a), (d)(3), (d)(5), and (d)(6). Engine Requirements ........................... 09/12/2007 [Insert Federal Register citation], 6/16/2016. Recordkeeping and Reporting .............. 09/12/2007 [Insert Federal Register citation], 6/16/2016. 2459 ...................................................... Notification ............................................ 09/12/2007 [Insert Federal Register citation], 6/16/2016. 2460 ...................................................... Inspections and Testing ........................ 09/12/2007 [Insert Federal Register citation], 6/16/2016. 2461 ...................................................... Fees ...................................................... 09/12/2007 [Insert Federal Register citation], 6/16/2016. 2462 ...................................................... Duration of Registration ........................ 09/12/2007 [Insert Federal Register citation], 6/16/2016. Various requirements specified for different categories of engines. Excluded subsections relate to opacity limits, fuel specifications, and daily and annual mass (per engine) limits. Recordkeeping and reporting requirements for owners of registered portable engines and equipment units. In most instances, if a registered equipment unit will be at a location for more than five days, the owner or operator of that equipment must notify the district in writing. Authorization for CARB to conduct testing both before and after registration in the program. Districts must inspect all register engines and equipment units for which the district has been designated as the home district. Test methods are specified. Provisions establishing fees for registration, renewal, and associated administrative tasks. Registrations and renewal are generally valid for three years from the date of issuance. 2458 ...................................................... Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 7 (Certification Procedures for Aftermarket Parts for Off-Road Vehicles, Engines, Equipment) 2474(e), (i)(1) ........................................ Add-On Parts and Modified Parts ......... 08/16/2009 [Insert Federal Register citation], 6/16/2016. Incorporation of procedures for exemptions of add-on and modified parts for off-road categories. Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 8 (Off-Road Airborne Toxic Control Measures) Airborne Toxic Control Measure for InUse Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets, and Facilities Where TRUs Operate. 3/7/2011 [Insert Federal Register citation], 6/16/2016. 2479, excluding (e)(2) and (e)(4) .......... srobinson on DSK5SPTVN1PROD with RULES2 2477 ...................................................... Regulation for Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards. 12/31/2006 [Insert Federal Register citation], 6/16/2016. 2479(a), (b), (c), (d), (e)(1), (e)(3), (e)(5), (f)(1), (f)(2), (f)(3), (f)(6), (h)(1), (i), (j)(1), (j)(2), (j)(3), (k), (l), (m), (n), (o), (p), (q), (r). Regulation for Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards. 10/14/2012 [Insert Federal Register citation], 6/16/2016. VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM Regulation applies, with certain exceptions, to owners and operators of diesel fueled TRUs and TRU generator sets used to power electrically drive refrigerated shipping containers and trailers that are operated in California; definitions; in-use performance standards; in-use compliance dates; monitoring, recordkeeping and reporting requirements; prohibitions; penalties. Applies to any person who conducts business in California who sells, offers for sale, leases, rents, purchases, owns or operates any CI mobile cargo handling equipment that operates at any California port or intermodal rail yard. Includes exemptions, definitions, performance standards for newly purchased leased or rented yard trucks and non-yard truck cargo handling equipment, provisions for compliance extensions and alternative compliance plans, recordkeeping and reporting requirements, test methods. Excluded subsections relate to in-use performance standards for yard trucks, and fuel requirements. Amendments to exemptions, definitions, performance standards for newly purchased leased or rented equipment and in-use performance standards for non-yard truck mobile CHE, provisions for compliance extensions and alternative compliance plans, recordkeeping and reporting requirements, test methods. 16JNR2 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39443 TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued State citation State effective date Title/subject EPA approval date Additional explanation Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 10 (Mobile Source Operational Controls), Article 1 (Motor Vehicles) 2485, excluding (c)(3)(B). (c)(1)(A), (c)(1)(B), * Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling. * * 11/15/2006 * [Insert Federal Register citation], 6/16/2016. * Establishes requirements to reduce emissions from idling of diesel-fueled commercial motor vehicles that operate in California with gross vehicle weight ratings greater than 10,000 pounds; exceptions; enforcement and penalty provisions; definitions. Excluded subsections relate to idling restrictions on drivers and a fuel-fired heater provision. * * Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and Engines Pollution Control Requirements), Article 2 (Large Spark Ignition (LSI) Engines Fleet Requirements) 2775 ...................................................... Applicability ........................................... 5/12/2007 [Insert Federal Register citation], 6/16/2016. 2775.1 ................................................... Standards .............................................. 5/12/2007 [Insert Federal Register citation], 6/16/2016. 2775.2 ................................................... Compliance Requirements for Fleet Operators. 5/12/2007 [Insert Federal Register citation], 6/16/2016. * * * * 93116 .................................................... Purpose ................................................. 3/11/2005 93116.1 ................................................. Applicability ........................................... 3/11/2005 93116.2 ................................................. Definitions ............................................. 3/11/2005 93116.3, excluding (a) .......................... Requirements ........................................ 3/11/2005 93116.4 ................................................. Fleet Recordkeeping and Reporting Requirements. Enforcement of Fleet Requirements ..... 3/11/2005 93118.3 ................................................. Airborne Toxic Control Measure for Auxiliary Diesel Engines Operated on Ocean-Going Vessels At-Berth in a California Port. 1/2/2009 93118.5, excluding (e)(1) ...................... Airborne Toxic Control Measure for Commercial Harbor Craft. 11/19/2008 srobinson on DSK5SPTVN1PROD with RULES2 93116.5 ................................................. * * * 3/11/2005 * Applies to operators of certain off-road LSI engine forklifts, sweepers/scrubbers, industrial tow tractors or airport ground support equipment operated within the State of California. Exemptions provided for small fleets and certain other equipment. Includes definitions. Establishes fleet average emission level standards with certain exceptions. Compliance and recordkeeping requirements, provisions for extensions in compliance dates. * * * [Insert Federal Register Purpose is to reduce diesel particulate citation], 6/16/2016. matter emissions from portable diesel-fueled engines having a rated brake horsepower of 50 and greater. [Insert Federal Register Applies to all portable engines having a citation], 6/16/2016. maximum rated horse horsepower of 50 bhp and greater and fueled with diesel unless exempted under (b). [Insert Federal Register Defines specific terms used in the regcitation], 6/16/2016. ulation. [Insert Federal Register Diesel PM standards for in-use portcitation], 6/16/2016. able diesel-fueled engines; different requirements apply to such engines not permitted or registered prior to January 1, 2006; fleet requirements (for subject engines operated in California), fleet average calculation provisions. Excluded subsection relates to fuel requirements. [Insert Federal Register Fleet recordkeeping and reporting recitation], 6/16/2016. quirements. [Insert Federal Register Authority to review and seek enforcecitation], 6/16/2016. ment action for violation of the fleet emission standard. [Insert Federal Register Applicability, exemptions, definitions, citation], 6/16/2016. vessel in-use operational requirements, calculation procedures for certain options, terminal plan requirements, reporting and recordkeeping requirements. [Insert Federal Register Applicability, exemptions, definitions, citation], 6/16/2016. engine emission requirements, alternative control provisions, recordkeeping and reporting requirements, test methods. Excluded subsection relates to the low sulfur fuel use requirement. * * 1 Table * 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that are cited in certain regulations listed in Table 1. Approved California statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e). VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2 39444 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS State effective date srobinson on DSK5SPTVN1PROD with RULES2 Title/subject * * * California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, LightDuty Trucks and Medium-Duty Vehicles, as last amended September 5, 2003. California Motor Vehicle Emission Control and Smog Index Label Specifications for 1978 through 2003 Model Year Motorcycles, Light-, Medium- and Heavy-Duty Engines and Vehicles,’’ as last amended September 5, 2003. California Smog Index Label Specifications for 2004 and Subsequent Model Passenger Cars and Light-Duty Trucks,’’ adopted September 5, 2003. California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended September 5, 2003. California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as amended June 22, 2006. California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended June 22, 2006. California Exhaust Emission Standards Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended June 22, 2006. California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended March 22, 2012. California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended March 22, 2012. California Non-Methane Organic Gas Test Procedures, as last amended March 22, 2012. California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, LightDuty Trucks, and Medium-Duty Vehicles, as last amended March 22, 2012, excluding GHG-related provisions. California Environmental Performance Label Specifications for 2009 and Subsequent Model Year Passenger Cars, LightDuty Trucks, and Medium-Duty Passenger Vehicles, as last amended March 22, 2012. California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended March 22, 2012. California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended March 22, 2012. Specifications for Fill Pipes and Openings of 1977 through 2014 Model Motor Vehicle Fuel Tanks, as last amended March 22, 2012. Specifications for Fill Pipes and Openings of 2015 and Subsequent Model Motor Vehicle Fuel Tanks, adopted March 22, 2012. California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, LightDuty Trucks, and Medium-Duty Vehicles, adopted March 22, 2012, excluding GHG-related provisions. California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended March 22, 2012, excluding GHG-related provisions. VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00022 EPA approval date Additional explanation * 12/4/2003 * [Insert Federal Register citation], 6/16/2016. * * Submitted by CARB on August 14, 2015. 12/4/2003 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015.\ 12/4/2003 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 12/4/2003 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 2/17/2007 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 2/17/2007 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 2/17/2007 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 8/7/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 8/7/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 8/7/2012 [Insert Federal Register citation], 6/16/2016. [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. Submitted by CARB on August 14, 2015. 8/7/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 8/7/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 8/7/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 8/7/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 8/7/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 8/7/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 8/7/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 8/7/2012 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39445 TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS—Continued State effective date srobinson on DSK5SPTVN1PROD with RULES2 Title/subject California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, LightDuty Truck, and Medium-Duty Vehicle Classes, adopted March 22, 2012, excluding GHG-related provisions. California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, LightDuty Trucks, and Medium-Duty Vehicles, as last amended December 6, 2012, excluding GHG-related provisions. California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission standards and Test Procedures for Passenger Cars, LightDuty Trucks, and Medium-Duty Vehicles, as last amended December 6, 2012, excluding GHG-related provisions. California Non-Methane Organic Gas Test Procedures, as last amended December 6, 2012. California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended December 6, 2012. California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended December 6, 2012. California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended December 6, 2012. California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended December 6, 2012. California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted December 6, 2012, excluding GHG-related provisions. California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-cycle Engines, as last amended December 12, 2002. California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended October 25, 2001. California Motor Vehicle Emission Control and Smog Index Label Specifications, as last amended October 22, 1999. California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines, as last amended September 1, 2006. California Exhaust Emission Standards and Test Procedures for New 2001 through 2006 Off-Road Large Spark-Ignition Engines, Parts I and II, adopted September 1, 1999 and as last amended March 2, 2007. California Exhaust and Evaporative Emission Standards and Test Procedures for 2007 through 2009 Off-Road Large Spark-Ignition Engines, (2007–2009 Test Procedure 1048), adopted March 2, 2007. California Exhaust and Evaporative Emission Standards and Test Procedures for New 2010 and Later Off-Road Large Spark-Ignition Engines, (2010 and Later Test Procedure 1048), adopted March 2, 2007. California Exhaust and Evaporative Emission Standards and Test Procedures for New 2007 and Later Off-Road Large Spark-Ignition Engines (Test Procedures 1065 and 1068), adopted March 2, 2007. California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines, as last amended February 24, 2010. VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00023 EPA approval date Additional explanation 8/7/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 12/31/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 12/31/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 12/31/2012 [Insert Federal Register citation], 6/16/2016. [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. Submitted by CARB on August 14, 2015. 12/31/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 12/31/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 12/31/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 12/31/2012 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 12/4/2003 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 11/17/2002 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 11/22/1999 [Insert Federal Register citation], 6/16/2016. [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. Submitted by CARB on August 14, 2015. 5/12/2007 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 5/12/2007 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 5/12/2007 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 5/12/2007 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 5/5/2010 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 12/31/2012 11/15/2006 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2 39446 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS—Continued State effective date Title/subject California Exhaust Emission Standards and Test Procedures for New 2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition Engines, Part I–B, adopted January 28, 2000 and as last amended October 20, 2005. California Exhaust Emission Standards and Test Procedures for New 1996 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition Engines, Part II, adopted May 12, 1993 and as last amended October 20, 2005. California Exhaust Emission Standards and Test Procedures for New 2008 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I–C, adopted October 20, 2005. California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines, as last amended June 5, 2009. Procedures for Exemption of Add-On and Modified Parts for Off-Road Categories, as last amended June 5, 2009. California Exhaust Emissions Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles, and Engines, as last amended August 15, 2007. * * * * EPA approval date 1/6/2006 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 1/6/2006 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 1/6/2006 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 8/16/2009 [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. 8/16/2009 [Insert Federal Register citation], 6/16/2016. [Insert Federal Register citation], 6/16/2016. Submitted by CARB on August 14, 2015. Submitted by CARB on August 14, 2015. 8/15/2007 * [FR Doc. 2016–13941 Filed 6–15–16; 8:45 am] srobinson on DSK5SPTVN1PROD with RULES2 BILLING CODE 6560–50–P VerDate Sep<11>2014 18:52 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00024 Additional explanation Fmt 4701 Sfmt 9990 E:\FR\FM\16JNR2.SGM 16JNR2

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Rules and Regulations]
[Pages 39423-39446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13941]



[[Page 39423]]

Vol. 81

Thursday,

No. 116

June 16, 2016

Part III





Environmental Protection Agency





-----------------------------------------------------------------------





40 CFR Part 52





Approval and Promulgation of Implementation Plans; California; 
California Mobile Source Regulations; Final Rule

Federal Register / Vol. 81 , No. 116 / Thursday, June 16, 2016 / 
Rules and Regulations

[[Page 39424]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0622; FRL-9947-59-Region 9]


Approval and Promulgation of Implementation Plans; California; 
California Mobile Source Regulations

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the California State Implementation 
Plan (SIP) consisting of certain state regulations establishing 
standards and other requirements relating to the control of emissions 
from new on-road and new and in-use off-road vehicles and engines. The 
EPA is approving the SIP revision because the regulations meet the 
applicable requirements of the Clean Air Act. Approval of the 
regulations as part of the California SIP makes them federally 
enforceable.

DATES: This rule is effective on July 18, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R09-OAR-2015-0622. All documents in the docket are 
listed on the https://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Doris Lo, EPA Region IX, (415) 972-
3959, lo.doris@epa.gov.

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On November 12, 2015 (80 FR 69915) (``proposed rule''), the EPA 
proposed to approve a SIP revision submitted by the California Air 
Resources Board (CARB) on August 14, 2015 consisting of certain state 
regulations establishing standards and other requirements relating to 
the control of emissions from new on-road and new and in-use off-road 
vehicles and engines (referred to herein as ``mobile source 
regulations'') for which the EPA has previously issued waivers or 
authorizations under section 209(b) and section 209(e)(2), 
respectively, of the Clean Air Act (Act or CAA).
    Our proposed rule provides background information concerning the 
CAA, national ambient air quality standards (NAAQS), SIPs, and other 
matters pertinent to this rulemaking. See 80 FR at pages 69916-69917. 
We noted in particular that a basic content requirement for SIPs is 
that they include enforceable emission limitations and other control 
measures, means, or techniques as may be necessary or appropriate to 
meet the applicable requirements of the CAA (see section 110(a)(2)(A)). 
We also noted that the EPA's long-standing practice was to allow 
California emissions reductions credit for mobile source regulations 
for which the EPA had issued waivers or authorizations under section 
209 but that had not been submitted or approved as part of the SIP. We 
noted that the EPA's rationale for this long-standing practice was 
rejected by the Ninth Circuit in Committee for a Better Arvin v. EPA, 
786 F.3d 1169 (9th Cir. 2015) (``Committee for a Better Arvin''), and 
that the decision in Committee for a Better Arvin led to the submittal 
by CARB of the mobile source regulations as a SIP revision on August 
14, 2015.
    In our proposed rule, we describe CARB's August 14, 2015 SIP 
revision as consisting of the regulations themselves and documentation 
of the public process conducted by CARB in approving the regulations as 
part of the California SIP. Specifically, the proposed rule includes 
table 1, which presents the contents of the SIP revision by mobile 
source category and provides, for each category, a listing of the 
relevant sections of the California Code of Regulations (CCR) that 
establish standards and other requirements for control of emissions 
from new on-road and new or in-use off-road vehicles or engines; the 
corresponding date of CARB's hearing or Executive Officer (EO) action 
through which the regulations or amendments were adopted; and the 
notice of decision in which the EPA granted a waiver or authorization 
for the given set of regulations. For this final rule, we are 
republishing table 1 from the proposed rule as amended in response to 
CARB comment #1 (see section II of this document).

                                  Table 1--CARB SIP Revision Submittal Summary
----------------------------------------------------------------------------------------------------------------
                                                                Date of  relevant  CARB
                                        Relevant sections of      hearing  date(s) or
           Source category               California Code of       Executive  Officer      EPA Notice of decision
                                            Regulations                 action
----------------------------------------------------------------------------------------------------------------
On-Road Passenger Cars, Light-Duty    Amendments to 13 CCR     12/12/02, 6/22/06.......  70 FR 22034 (4/28/05);
 Trucks, and Medium-Duty Vehicles      Sec.  Sec.   1961,                                 75 FR 44948 (7/30/10)
 (LEV II).                             1965, and 1978 and the
                                       documents incorporated
                                       by reference (see
                                       table 2 below),
                                       effective for state
                                       law purposes on 12/04/
                                       03; and amendments to
                                       13 CCR Sec.  Sec.
                                       1961, 1976, 1978, and
                                       documents incorporated
                                       by reference (see
                                       table 2 below),
                                       effective for state
                                       law purposes on 2/17/
                                       07.

[[Page 39425]]

 
On-Road Passenger Cars, Light-Duty    Adoption of 13 CCR Sec.  01/26/12, 11/15/12......  78 FR 2112 (1/9/13)
 Trucks, and Medium-Duty Vehicles       Sec.   1961.2 and
 (LEV III) and Zero Emission           1962.2 (excluding
 Vehicles (ZEV).                       subsection
                                       1962.2(g)(6)) and
                                       amendments to 13 CCR
                                       Sec.  Sec.   1900,
                                       1956.8, 1960.1, 1961,
                                       1962.1, 1962.2 (re-
                                       numbered to 1961.3),
                                       1965, 1976, 1978,
                                       2037, 2038, 2062,
                                       2112, 2139, 2140,
                                       2145, 2147, and 2235
                                       and the documents
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       08/07/12; amendments
                                       to 13 CCR Sec.  Sec.
                                       1900, 1956.8, 1960.1,
                                       1961, 1961.2, 1962.1,
                                       1962.2 (excluding
                                       subsection
                                       1962.2(g)(6)(C)), and
                                       1976 and the documents
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       12/31/12.
On-Road Heavy-Duty Gasoline Engines.  13 CCR Sec.   1956.8     12/12/02, 9/5/03 (EO)...  75 FR 70237 (11/17/10)
                                       and the document
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       12/4/03.
On-Road Heavy-Duty Diesel Engines...  Amendments to 13 CCR     10/25/01................  70 FR 50322 (8/26/05)
                                       Sec.   1956.8, and the
                                       document incorporated
                                       by reference (see
                                       table 2 below),
                                       effective for state
                                       law purposes on 11/17/
                                       02.
On-Road Motorcycles.................  Amendments to 13 CCR     12/10/98................  71 FR 44027 (8/3/06)
                                       Sec.  Sec.   1900,
                                       1958 (excluding
                                       1958(a)(1)), and 1965,
                                       and the document
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       11/22/99.
On-Road Heavy-Duty Engines--On-Board  13 CCR Sec.  Sec.        5/28/09.................  77 FR 73459 (12/10/12)
 Diagnostic System (HD OBD).           1971.1 and 1971.5,
                                       effective for state
                                       law purposes on 6/17/
                                       10.
On-Road Heavy Duty Vehicles--engine   13 CCR Sec.  Sec.        10/20/05................  77 FR 9239 (2/16/12)
 or vehicle idle controls.             1956.8, 2404, 2424,
                                       2425, and 2485
                                       (excluding subsections
                                       2485(c)(1)(A),
                                       2485(c)(1)(B), and
                                       2485(c)(3)(B)), and
                                       the document
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       11/15/2006.
In-Use Diesel-Fueled Transport        13 CCR Sec.   2477, as   11/18/10................  78 FR 38970 (6/28/13)
 Refrigeration Units.                  amended, effective for
                                       state law purposes on
                                       3/7/11.
Commercial Harbor Craft.............  17 CCR Sec.   93118.5    11/15/07, 9/2/08 (EO)...  76 FR 77521 (12/13/11)
                                       (excluding subsection
                                       93118.5(e)(1)),
                                       effective for state
                                       law purposes on 11/19/
                                       08.
Off-Road Large Spark-Ignition (LSI)   New LSI engine           5/25/06, 3/2/07 (EO)....  77 FR 20388 (4/4/12)
 Engines.                              emissions standards:
                                       13 CCR Sec.  Sec.
                                       2430, 2431, 2433,
                                       2434, and 2438; LSI
                                       fleet requirements: 13
                                       CCR Sec.  Sec.   2775,
                                       2775.1 and 2775.2, and
                                       the documents
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       5/12/07.
Auxiliary Diesel Engines on Ocean-    13 CCR Sec.   2299.3     12/6/07, 10/16/08 (EO)..  76 FR 77515 (12/13/11)
 Going Vessels.                        and 17 CCR Sec.
                                       93118.3, effective for
                                       state law purposes on
                                       01/02/09.
In-Use Off-Road Diesel Fueled Fleets  13 CCR Sec.  Sec.        5/25/07, 7/26/07, 12/11/  78 FR 58090 (9/20/13)
                                       2449 (excluding          08, 1/22/09, 7/23/09,
                                       subsection 2449(d)(2))   12/17/10.
                                       2449.1, and 2449.2,
                                       effective for state
                                       law purposes on 12/14/
                                       11.
Mobile Cargo Handling Equipment       13 CCR Sec.   2479       12/8/05, 9/22/11........  77 FR 9916 (2/21/12);
 (CHE).                                (excluding subsections                             80 FR 26249 (5/7/15)
                                       (e)(2) and (e)(4)),
                                       effective for state
                                       law purposes on 12/31/
                                       06; and amendments to
                                       13 CCR Sec.   2479
                                       (excluding subsections
                                       (e)(2) and (e)(4)),
                                       effective for state
                                       law purposes on 10/14/
                                       12.
Small Off-Road Engines (SORE).......  13 CCR Sec.  Sec.        11/21/08................  80 FR 26041 (5/6/15)
                                       2401, 2403, 2404,
                                       2405, 2406, 2408,
                                       2408.1, and 2409, and
                                       the document
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       5/5/10.
Off-Road Compression--Ignition (CI)   13 CCR Sec.  Sec.        1/27/00, 12/9/04........  75 FR 8056 (2/23/10)
 Engines.                              2420, 2421, 2423,
                                       2424, 2425, 2425.1,
                                       2426, and 2427, and
                                       the documents
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       1/6/06.
In-Use Portable Diesel-Fueled         17 CCR Sec.  Sec.        2/26/04.................  77 FR 72846 (12/6/12)
 Engines (PDE).                        93116 through 93116.5
                                       (excluding subsection
                                       93116.3(a)), effective
                                       for state law purposes
                                       on 3/11/05.

[[Page 39426]]

 
Portable Equipment Registration       13 CCR Sec.  Sec.        3/27/97, 7/31/07 (EO),    77 FR 72851 (12/6/12)
 Program (PERP).                       2451, 2452, 2453, 2455   12/10/98, 2/26/04, 6/22/
                                       (excluding subsections   06, 3/22/07.
                                       2455(a) and 2455(b)),
                                       2456 (excluding
                                       subsections 2456(a),
                                       2456(d)(3),
                                       2456(d)(5), and
                                       2456(d)(6)), 2458,
                                       2459, 2460, 2461, and
                                       2462, as amended,
                                       effective for state
                                       law purposes on 9/12/
                                       07.
Spark-Ignition Marine Engines and     13 CCR Sec.  Sec.        7/24/08, 6/5/09 (EO)....  80 FR 26032 (5/16/15)
 Boats (Marine SI).                    2111, 2112, Appendix A
                                       therein, 2139, 2147,
                                       2440, 2442, 2443.1,
                                       2443.2, 2444.1,
                                       2444.2, 2445.1,
                                       2445.2, 2446, 2447 and
                                       2474, and the
                                       documents incorporated
                                       by reference (see
                                       table 2 below),
                                       effective for state
                                       law purposes on 08/16/
                                       09.
Off-Highway Recreational Vehicles     13 CCR Sec.  Sec.        7/20/06.................  79 FR 6584 (2/4/14)
 and Engines (OHRV).                   2111, 2112, 2411,
                                       2412, and 2413, and
                                       the document
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       8/15/07.
----------------------------------------------------------------------------------------------------------------

    The regulations submitted by CARB and listed in table 1 incorporate 
by reference certain documents that establish test procedures and 
labeling specifications, among other things, and CARB submitted these 
documents as part of the overall SIP revision. In our proposed rule, we 
included a table (table 2) that lists the incorporated documents 
included in the SIP submittal and are republishing that table in this 
final rule. Our proposed rule also included a third table in which we 
described the applicability of the regulations listed in table 1 above 
and summarized some of the key emissions control requirements contained 
in the rules. In today's action, we are approving the regulations in 
table 1 and the test procedures and specifications in table 2 as a 
revision to the California SIP.\1\
---------------------------------------------------------------------------

    \1\ There is one exception to the EPA's approval of the 
regulations and test procedures listed in tables 1 and 2. The 
exception is 13 CCR section 2449.2(f)(4), a provision for which the 
EPA is deferring final action at this time.

 Table 2--Documents Incorporated by Reference in CARB Regulations Listed
        in Table 1, Above, and Submitted as Part of SIP Revision
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles (LEV
 II):
    California Exhaust Emission Standards and Test Procedures for 2001
     and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-
     Duty Vehicles, as last amended September 5, 2003.
    California Motor Vehicle Emission Control and Smog Index Label
     Specifications for 1978 through 2003 Model Year Motorcycles, Light-
     , Medium- and Heavy-Duty Engines and Vehicles, as last amended
     September 5, 2003.
    California Smog Index Label Specifications for 2004 and Subsequent
     Model Passenger Cars and Light-Duty Trucks, adopted September 5,
     2003.
    California Refueling Emission Standards and Test Procedures for 2001
     and Subsequent Model Motor Vehicles, as last amended September 5,
     2003.
    California Evaporative Emission Standards and Test Procedures for
     2001 and Subsequent Model Motor Vehicles, as amended June 22, 2006.
    California Refueling Emission Standards and Test Procedures for 2001
     and Subsequent Model Motor Vehicles, as last amended June 22, 2006.
    California Exhaust Emission Standards Test Procedures for 2001 and
     Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty
     Vehicles, as last amended June 22, 2006.
On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles (LEV
 III) and Zero Emission Vehicles (ZEV):
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
     last amended March 22, 2012.
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended
     March 22, 2012.
    California Non-Methane Organic Gas Test Procedures, as last amended
     March 22, 2012.
    California 2001 through 2014 Model Criteria Pollutant Exhaust
     Emission Standards and Test Procedures and 2009 through 2016 Model
     Greenhouse Gas Exhaust Emission Standards and Test Procedures for
     Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as
     last amended March 22, 2012, excluding GHG-related provisions.
    California Environmental Performance Label Specifications for 2009
     and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and
     Medium-Duty Passenger Vehicles, as last amended March 22, 2012.
    California Evaporative Emission Standards and Test Procedures for
     2001 and Subsequent Model Motor Vehicles, as last amended March 22,
     2012.
    California Refueling Emission Standards and Test Procedures for 2001
     and Subsequent Model Motor Vehicles, as last amended March 22,
     2012.
    Specifications for Fill Pipes and Openings of 1977 through 2014
     Model Motor Vehicle Fuel Tanks, as last amended March 22, 2012.
    Specifications for Fill Pipes and Openings of 2015 and Subsequent
     Model Motor Vehicle Fuel Tanks, adopted March 22, 2012.

[[Page 39427]]

 
    California 2015 and Subsequent Model Criteria Pollutant Exhaust
     Emission Standards and Test Procedures and 2017 and Subsequent
     Model Greenhouse Gas Exhaust Emission Standards and Test Procedures
     for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,
     adopted March 22, 2012, excluding GHG-related provisions.
    California Exhaust Emission Standards and Test Procedures for 2009
     through 2017 Model Zero-Emission Vehicles and Hybrid Electric
     Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty
     Vehicle Classes, as last amended March 22, 2012, excluding GHG-
     related provisions.
    California Exhaust Emission Standards and Test Procedures for 2018
     and Subsequent Model Zero-Emission Vehicles and Hybrid Electric
     Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty
     Vehicle Classes, adopted March 22, 2012, excluding GHG-related
     provisions.
    California 2015 and Subsequent Model Criteria Pollutant Exhaust
     Emission Standards and Test Procedures and 2017 and Subsequent
     Model Greenhouse Gas Exhaust Emission Standards and Test Procedures
     for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as
     last amended December 6, 2012, excluding GHG-related provisions.
    California 2001 through 2014 Model Criteria Pollutant Exhaust
     Emission Standards and Test Procedures and 2009 through 2016 Model
     Greenhouse Gas Exhaust Emission standards and Test Procedures for
     Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as
     last amended December 6, 2012, excluding GHG-related provisions.
    California Non-Methane Organic Gas Test Procedures, as last amended
     December 6, 2012.
    California Evaporative Emission Standards and Test Procedures for
     2001 and Subsequent Model Motor Vehicles, as last amended December
     6, 2012.
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended
     December 6, 2012.
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
     last amended December 6, 2012.
    California Exhaust Emission Standards and Test Procedures for 2009
     through 2017 Model Zero-Emission Vehicles and Hybrid Electric
     Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty
     Vehicle Classes, as last amended December 6, 2012.
    California Exhaust Emission Standards and Test Procedures for 2018
     and Subsequent Model Zero-Emission Vehicles and Hybrid Vehicles, in
     the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle
     Classes, adopted December 6, 2012, excluding GHG-related provision.
On-Road Heavy-Duty Gasoline Engines:
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Otto-cycle Engines, as last amended
     December 12, 2002.
On-Road Heavy-Duty Diesel Engines:
    California Exhaust Emission Standards and Test Procedures for 1985
     and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
     last amended October 25, 2001.
On-Road Motorcycles:
    California Motor Vehicle Emission Control and Smog Index Label
     Specifications, as last amended October 22, 1999.
On-Road Heavy Duty Vehicles--Reduced Idling:
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Diesel Engines, as last amended
     September 1, 2006.
Off-Road Large Spark-Ignition (LSI) Engines:
    California Exhaust Emission Standards and Test Procedures for New
     2001 through 2006 Off-Road Large Spark-Ignition Engines, Parts I
     and II, adopted September 1, 1999 and as last amended March 2,
     2007.
    California Exhaust and Evaporative Emission Standards and Test
     Procedures for 2007 through 2009 Off-Road Large Spark-Ignition
     Engines, (2007-2009 Test Procedure 1048), adopted March 2, 2007.
    California Exhaust and Evaporative Emission Standards and Test
     Procedures for New 2010 and Later Off-Road Large Spark-Ignition
     Engines, (2010 and Later Test Procedure 1048), adopted March 2,
     2007.
    California Exhaust and Evaporative Emission Standards and Test
     Procedures for New 2007 and Later Off-Road Large Spark-Ignition
     Engines (Test Procedures 1065 and 1068), adopted March 2, 2007.
Small Off-Road Engines (SORE):
    California Exhaust Emission Standards and Test Procedures for 2005
     and Later Small Off-Road Engines, as last amended February 24,
     2010.
Off-Road Compression-Ignition (CI) Engines:
    California Exhaust Emission Standards and Test Procedures for New
     2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-
     Ignition Engines, Part I-B, adopted January 28, 2000 and as last
     amended October 20, 2005.
    California Exhaust Emission Standards and Test Procedures for New
     1996 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-
     Ignition Engines, Part II, adopted May 12, 1993 and as last amended
     October 20, 2005.
    California Exhaust Emission Standards and Test Procedures for New
     2008 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-
     C, adopted October 20, 2005.
Spark-Ignition Marine Engines and Boats (Marine SI):
    California Exhaust Emission Standards and Test Procedures for 2001
     Model Year and Later Spark-Ignition Marine Engines, as last amended
     June 5, 2009.
    Procedures for Exemption of Add-On and Modified Parts for Off-Road
     Categories, as last amended June 5, 2009.
Off-Highway Recreational Vehicles and Engines (OHRV):
    California Exhaust Emissions Standards and Test Procedures for 1997
     and Later Off-Highway Recreational Vehicles, and Engines, as last
     amended August 15, 2007.
------------------------------------------------------------------------

    We noted in our proposed rule that CARB has expressly excluded from 
the August 14, 2015 SIP submittal certain sections or subsections of 
California code that have been authorized or waived by the EPA under 
CAA section 209. The excluded provisions pertain to:
     Greenhouse Gas (GHG) exhaust emission standards 2009 
through 2016 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty 
Vehicles, and 2017 and subsequent Model Passenger Cars, Light-Duty 
Trucks, and Medium-Duty Vehicles; and

[[Page 39428]]

     GHG related provisions incorporated in the test 
procedures.
    Also, CARB has expressly excluded certain sections or subsections 
of California code that are not subject to preemption under CAA section 
209 and thus not included in the related waiver or authorization by the 
EPA. These provisions pertain to:
     Fuel use requirements;
     Idling restrictions on drivers;
     Opacity standards;
     Daily mass emission limits (from the PERP regulations); 
and
     Certain labeling and consumer notification requirements.
    On pages 69923-69925 of our proposed rule, we described how we 
evaluated the regulations and how we determined that the regulations 
meet all applicable CAA requirements in order to be included in the 
California SIP. In short, we determined that:
     CARB provided adequate public notice of a comment period 
and a hearing on the draft SIP revision prior to adoption and submittal 
to the EPA, and thereby complied with the applicable procedural 
requirements for SIP revisions under the CAA section 110(l) and 40 CFR 
51.102;
     CARB has adequate legal authority to implement the 
regulations because state law so provides, because the regulations are 
not preempted under the CAA (pursuant to waivers or authorizations 
issued for them by the EPA), and because CARB is not otherwise 
prohibited by any provision of federal or state law from carrying out 
the regulations;
     The regulations include all of the elements necessary to 
provide for practical enforceability, including clear applicability and 
exemption provisions, emissions standards and other requirements, test 
methods, recordkeeping and reporting provisions, and thereby establish 
enforceable emissions limitations as required under CAA section 
110(a)(2)(A); \2\
---------------------------------------------------------------------------

    \2\ After proposing action on CARB's mobile source regulations, 
we discovered a specific provision in the ``Surplus Off-Road Opt-In 
for NOX (SOON) Program'' portion of CARB's Regulation for 
In-Use Off-Road Diesel-Fueled Fleets that cannot be reconciled with 
the principle that SIP rules relied upon for emissions reductions 
must be federally enforceable. The specific provision is 13 CCR 
section 2449.2(f)(4) (``ARB Authority''), which states, in pertinent 
part: ``ARB has sole authority to enforce the requirements of 
section 2449.2.'' We find 13 CCR section 2449.2(f)(4) to be 
severable from the rest of the regulation and have not included it 
in today's approval action.
---------------------------------------------------------------------------

     CARB's mobile source regulations submitted for approval as 
a revision to the California SIP establish emission limitations relied 
upon by RFP, attainment, and maintenance plans developed by California 
to meet CAA SIP requirements for nonattainment areas, and thus would 
not interfere with such CAA requirements for the purposes of CAA 
section 110(l); and
     Given the longstanding nature of CARB's mobile source 
program, and its documented effectiveness at achieving significant 
reductions from mobile sources, the state has adequate personnel and 
funding to carry out the mobile source regulations submitted for 
approval as part of the California SIP.
    For more background information on the regulatory context for this 
final rule, and for additional detail on the SIP submittal itself, and 
our evaluation, please see our proposed rule.

II. Public Comments and EPA Responses

    The EPA's proposed rule, published at 80 FR 69915 (November 12, 
2015), provided for a 30-day comment period. The EPA received two 
comment letters in response to the proposed rule: (1) A comment letter 
dated December 8, 2015 from CARB; and (2) a comment letter dated 
December 14, 2015 from the Owner-Operator Independent Drivers 
Association, Inc. (OOIDA). In the paragraphs below, we summarize the 
comments and provide our responses.
    CARB comment #1: CARB indicates that while the August 14, 2015 SIP 
revision submittal included two regulations affecting Mobile Cargo 
Handling Equipment at Ports and Intermodal Rail Yards (CHE Regulation), 
table 1 of the EPA's November 12, 2015 proposed rule only lists one 
such regulation. CARB notes that, while table 1 of the proposed rule 
only listed one CHE regulation, table 3 of the proposed rule lists 
both. CARB suggests that table 1 be amended to include both CHE 
regulations, consistent with CARB's August 14, 2015 SIP revision 
submittal.
    EPA response to CARB comment #1: CARB is correct that the proposed 
action covers both CHE rules and that the EPA inadvertently failed to 
include one of the two CHE regulations in table 1 of the proposed rule. 
Table 1, as amended to list both CHE regulations, is included in the 
preamble to this final rule.
    OOIDA comment #1: OOIDA contends that the EPA's proposed action to 
approve CARB's mobile source regulations as part of the California SIP 
is inconsistent with the Ninth Circuit's decision in Committee for a 
Better Arvin by failing to demonstrate how CARB has satisfied the 
requirement under the CAA that SIPs must include ``enforceable emission 
limitations and other control measures . . . as may be necessary or 
appropriate to meet the applicable requirements of [the CAA].'' Section 
110(a)(2)(A). OOIDA asserts that the materials that CARB and the EPA 
are relying upon were previously submitted as part of CARB's waiver or 
authorization requests to the EPA, and thus are outdated. OOIDA notes 
that many of these regulations have been in effect under state law for 
years, and thus, to comply with Committee for a Better Arvin, the EPA 
must require CARB to submit current evidence showing how well these 
requirements have been adopted, whether the reductions in pollution 
have been met, what the experience of the regulated community has been, 
and whether CARB's cost estimates were accurate.
    EPA response to OOIDA comment #1: We disagree that our action to 
approve California's mobile source regulations that have been waived or 
authorized by the EPA under CAA section 209 is inconsistent with the 
Ninth Circuit's decision in Committee for a Better Arvin or that the 
information sought by OOIDA is necessary to establish that the 
regulations are ``necessary or appropriate'' for the purposes of CAA 
section 110(a)(2)(A).
    First, in Committee for a Better Arvin, the Ninth Circuit remanded 
to the EPA the Agency's final actions approving two specific regional 
plans that were adopted to meet nonattainment area SIP requirements and 
that rely, in part, on emissions reductions from so-called ``waiver'' 
measures, i.e., CARB mobile source regulations for which the EPA has 
issued waivers or authorizations under CAA section 209. In so doing, 
the court rejected the EPA's arguments supporting the Agency's 
longstanding practice of allowing California to rely on emissions 
reductions from state mobile source measures waived or authorized by 
the EPA under CAA section 209 to meet CAA SIP requirements without 
requiring approval of those measures into the California SIP. The Ninth 
Circuit found that CAA section 110(a)(2)(A) plainly mandates that the 
SIP include all state and local emission limitations, control measures, 
means, and techniques on which the state relies to assure compliance 
with the CAA. 786 F.3d 1169, at 1175-1178 (9th Cir. 2015). The Court 
found support for its view in the Act's provisions that allow the EPA 
or citizens to commence lawsuits to enforce emissions standards or 
limitations established under the Act. Id.
    In response to the decision, CARB selected for the SIP those mobile 
source regulations that represent the most current set of such 
regulations that have been waived or authorized by the EPA under CAA 
section 209 and that are

[[Page 39429]]

relied upon to provide emissions reductions in the most recently-
approved or pending SIPs for the various nonattainment areas in 
California, such as the two regional plans that were the subject of the 
remand in Committee for a Better Arvin. The issue of whether the 
emissions reductions anticipated by CARB when adopting the regulations 
reasonably approximate those that have actually occurred is not 
relevant for the EPA's action on CARB's mobile source regulations SIP 
revision. The fact that California is relying on the emissions 
reductions from the mobile source regulations to meet any CAA 
requirements makes the regulations ``necessary or appropriate'' for 
inclusion in the SIP, regardless of whether the reductions are the same 
as those originally estimated by CARB at the time of submittal of the 
waiver or authorization request.
    In response to CARB's SIP revision submittal, however, the EPA did 
not simply propose to approve the mobile source regulations without 
review and evaluation for compliance with relevant CAA requirements for 
such regulations. For example, the EPA reviewed the regulations to 
determine whether SIP procedural requirements under CAA section 
110(a)(2) and related EPA regulations were met; to determine whether 
the regulations are enforceable and thereby comply with the applicable 
requirement in CAA section 110(a)(2)(A); to determine whether the state 
has provided necessary assurances that it has adequate personnel, 
funding, and authority to implement the regulations and thereby comply 
with the applicable requirements in CAA section 110(a)(2)(E); and to 
determine whether the SIP revision would interfere with attainment or 
reasonable further progress or any other CAA requirement as required 
under CAA section 110(l). See our proposed rule, 80 FR at 69923-69925. 
For the reasons stated in the proposed rule, we concluded that CARB's 
mobile source regulation SIP revision met all of the relevant CAA 
requirements and would not interfere with attainment or reasonable 
further progress or any other CAA requirement.
    One consideration that the EPA did not take into account was the 
cost of compliance by manufacturers or owners/operators subject to 
CARB's mobile source regulations. Such cost issues standing alone, 
which OOIDA believes CARB must submit and that the EPA must consider, 
are not relevant to the EPA's review of SIPs and SIP revisions under 
CAA section 110. This has been settled law since 1976 when the Supreme 
Court issued its decision in Union Electric Co. v. EPA, 427 U.S. 246, 
at 255-266 (1976) (``Union Electric''), rehearing denied 429 U.S. 873 
(1976). In Union Electric, the Supreme Court found that the 1970 
version of section 110(a)(2) did not allow the EPA to disapprove an 
attainment sulfur dioxide (SO2) SIP on the ground that the 
SIP's control measures for complying with the SO2 NAAQS 
would be so stringent as to be technologically or economically 
infeasible. Id. at 265. The Supreme Court made it clear that Congress 
left states free to choose technology-forcing measures to achieve 
attainment within what was then a three-year deadline. Id. at 268-269. 
While the CAA has been amended a number of times since 1970, the basic 
allocation of responsibilities on the states in developing and 
submitting SIPs and on the EPA in reviewing SIPs and SIP revisions 
remains the same today, and thus the holding of Union Electric 
continues to inform the EPA's review of SIPs and SIP revisions today.
    OOIDA comment #2: Citing CAA section 307(b)(1), OOIDA asserts that 
the EPA must specify whether any SIP approval has nationwide scope or 
effect. OOIDA further declares that if the EPA fails to make such an 
express determination, then OOIDA will advise its members residing 
outside of California that they do not need to comply with any of the 
California laws, statutes or regulations included in the SIP. If, on 
the other hand, the EPA finds that the SIP does have ``nationwide scope 
and effect,'' then OOIDA claims that CARB is required under CAA section 
110(a)(2)(E) to satisfy the EPA that the imposition of California's 
regulatory regime on interstate truckers residing outside of California 
is consistent with the Commerce Clause of the U.S. Constitution. 
Without such a demonstration from CARB, and a finding of nationwide 
scope or effect by the EPA, OOIDA objects to the EPA's proposed 
approval of CARB's mobile source regulations as part of the California 
SIP.
    EPA response to OOIDA comment #2: CAA section 307(b)(1) provides 
that a petition for review of the EPA in promulgating certain specific 
types of standards, such as the NAAQS, ``or any other nationally 
applicable regulations promulgated, or final action taken, by the [EPA] 
under the [CAA] may be filed only in the U.S. Court of Appeals for the 
District of Columbia.'' A petition for review of the EPA's action in 
approving a SIP under CAA section 110 that is locally or regionally 
applicable may be filed only in the U.S. Court of Appeals for the 
appropriate circuit unless such SIP action is based on a determination 
of ``nationwide scope or effect'' and if in taking such action the EPA 
finds and publishes that such action is based on such a determination. 
In that case, CAA section 307(b)(1) provides for review of the EPA's 
SIP action in the U.S. Court of Appeals for the District of Columbia. 
Thus, section 307(b)(1) not only confers jurisdiction upon the U.S. 
Courts of Appeals but also specifies how the venue for petitions for 
review of actions covered by section 307(b)(1) is determined. Dalton 
Trucking Inc. v. EPA, No. 13-1283, slip op. at 7-8 (D.C. Cir. Dec. 18, 
2015).
    When the EPA issues a final decision waiving or authorizing CARB 
mobile source regulations under CAA section 209 of the CAA, the proper 
venue for judicial review of that decision is the U.S. Court of Appeals 
for the D.C. Circuit if either the decision is ``nationally 
applicable'' or the EPA determines the decision is of ``nationwide 
scope or effect'' and publishes the determination. Section 307(b)(1). 
In making a determination of nationwide scope or effect for a waiver or 
authorization under section 209, the EPA takes into account that other 
states may adopt California's standards for which a section 209 waiver 
or authorization has been granted if certain criteria are met. Sections 
177 and 209(e)(2)(B) allow other states to adopt (and subsequently 
enforce in their state) California's regulations for which the EPA has 
issued waivers or authorizations. The EPA may also consider the 
applicability of such regulations to manufacturers or owner/operators 
residing outside of California but selling, leasing, or operating 
vehicles or equipment in California.\3\
---------------------------------------------------------------------------

    \3\ The D.C. Circuit recently concluded that a decision under 
section 209 is not ``nationally applicable'' under section 307(b) if 
it applies only to vehicles owned or operated in California, even if 
those vehicles are based outside California. Dalton Trucking Inc. v. 
EPA, No. 13-1283, slip op. at 10 (D.C. Cir. Dec. 18, 2015). However, 
a decision that is not applicable outside California can still have 
effect outside California.
---------------------------------------------------------------------------

    In this case, the EPA is taking action under section 110 of the CAA 
to approve CARB's mobile source regulations as part of the California 
SIP. Unlike the Agency's issuance of a waiver or authorization under 
section 209, approval of CARB's mobile source regulations under section 
110 does not enable other states to adopt the regulations. The EPA's 
approval of the regulations under section 110 does extend federal 
enforceability to the standards. See CAA sections 113 (EPA enforcement 
authority) and 304 (citizen suits). However, that is true of all SIP 
approval actions under section 110, and

[[Page 39430]]

thus, like other SIP approval actions, we find that our final action 
herein is not nationally applicable, nor is it of nationwide scope or 
effect. Petitions for review of this final action therefore must be 
filed in the U.S. Court of Appeals for the appropriate circuit, i.e., 
in this case, the U.S. Court of Appeals for the Ninth Circuit.
    Lastly, because the EPA finds that the Agency's final action herein 
is not of ``nationwide scope or effect,'' no further response to 
OOIDA's comment is necessary.
    OOIDA comment #3: OOIDA notes that, in addition to being an 
affirmative grant of congressional authority, the Commerce Clause of 
the U.S. Constitution, which authorizes Congress ``[t]o regulate 
Commerce . . . among the several states,'' is in its negative aspect 
also a limitation on the regulatory authority of the states. OOIDA 
contends that, in its negative aspect, the Commerce Clause protects the 
nation against economic Balkanization and state regulations affecting 
interstate commerce where the burden on commerce is excessive in 
relation to the putative local benefits. For example, OOIDA cites high 
aggregate costs purportedly incurred to comply with two specific CARB 
regulations, the Heavy-Duty (Truck) Greenhouse Gas (HD GHG) Regulations 
and the In-Use On-Road Heavy-Duty Diesel-Fueled Vehicles Regulation 
(``Truck and Bus Regulation''). OOIDA argues that the EPA should 
expressly consider and make findings whether the aggregate impact of 
regulations which California has sought to ``federalize'' through SIP 
approvals violate these Constitutional principles.
    EPA response to OOIDA comment #3: First of all, we note that 
today's action does not include CARB's HD GHG Regulations or the Truck 
and Bus Regulation. The former was not included in the SIP revision 
submittal and has never been submitted as part of the California SIP, 
and the latter was submitted and approved by the EPA as a SIP revision 
in 2012 at 77 FR 20308 (April 4, 2012).
    As to the Commerce Clause comment more generally, the negative 
aspect of the Commerce Clause to which OOIDA refers is often referred 
to as the ``dormant'' Commerce Clause. OOIDA notes some of the basic 
principles under which courts have found state regulations to be 
invalid under the dormant Commerce Clause.\4\ OOIDA asks the EPA to 
expressly consider and make findings whether the aggregate impact of 
regulations that California has sought to ``federalize'' through SIP 
approvals violate dormant Commerce Clause principles.
---------------------------------------------------------------------------

    \4\ OOIDA cites the court's reasoning in Union Pac. R.R. v. Cal. 
Pub. Utils. Comm'n, 346 F.3d 851, 871 (9th Cir. 2003) in support of 
its arguments challenging California's mobile source regulations on 
the grounds of extra-territorial impact. In Union Pac. R.R., the 
Ninth Circuit Court of Appeals struck down certain California 
regulations having an extraterritorial impact; however, in more 
recent years, the Ninth Circuit appears to have modified its views 
on the extra-territoriality doctrine. In Rocky Mountain Farmers 
Union v. Corey, 730 F.3d 1070, 1101 (9th Cir. 2013), a case 
challenging California's Low Carbon Fuel Standard, the Ninth Circuit 
noted: ``In the modern era, the Supreme Court has rarely held that 
statutes violate the extraterritoriality doctrine[.]'', and 
concluded: ``The district court held that the Fuel Standard 
regulated extraterritorial conduct because: (1) . . . it `attempts 
to control' out-of-state conduct, . . . We disagree.'' Id. We also 
note that, while Rocky Mountain Farmers Union stands for the 
proposition that CAA section 211(c)(4)(B) ``does not insulate 
California from scrutiny under the dormant Commerce Clause,'' Id., 
at 1107, CAA section 211(c)(4) does not establish for motor vehicle 
fuels the type of specific process under which California rules 
shall be waived or authorized by the EPA as that found for mobile 
source emissions standards in CAA sections 209(b) and (e). See 
additional discussion regarding the dormant Commerce Clause and 
California regulations waived or authorized under CAA sections 
209(b) and (e) later in the response to OOIDA comment #3.
---------------------------------------------------------------------------

    Under the CAA, the EPA's responsibility in reviewing SIPs and SIP 
revisions is to ensure that all CAA requirements that apply to a given 
SIP or SIP revision are met, and if a given SIP or SIP revision meets 
minimum applicable CAA requirements, then the EPA ``shall'' approve it. 
See CAA section 110(k)(3). Among the CAA requirements that apply to 
SIPs or SIP revisions is section 110(a)(2)(E), which provides in 
relevant part that SIPs and SIP revisions must provide necessary 
assurances that the state will have adequate authority under state law 
to carry out such SIP and is not prohibited by any provision of federal 
or state law from carrying out such SIP. In this instance, the EPA has 
issued waivers or authorization under section 209 for all of the 
subject regulations (and in doing so has removed the federal Clean Air 
Act preemption), and the EPA has found CARB to have the necessary legal 
authority to enforce the standards under state law. Furthermore, none 
of the subject regulations has been found by any court to be preempted 
under the dormant Commerce Clause or any other federal law, and thus, 
CARB is not prohibited from carrying out such SIP.
    Moreover, in this instance, the ``dormant'' Commerce Clause is no 
obstacle to the EPA's approval of CARB's mobile source regulations SIP 
revision. As a general matter, the ``dormant'' Commerce Clause acts to 
limit certain types of state regulation that affect interstate 
commerce, but does not limit actions by federal agencies, such as the 
EPA. Additionally, ``dormant'' Commerce Clause principles simply do not 
apply where Congress has so clearly established a process under which 
the EPA must waive preemption if certain conditions are met. Here, the 
regulations submitted as part of CARB's SIP revision fall within the 
scope of CAA section 209, the Congressional provision under which the 
explicit general preemption of state mobile source regulations may be 
waived for California. Congress can authorize state or local government 
action that otherwise would violate the ``dormant'' Commerce Clause, 
even if the action ultimately interferes with interstate commerce. See 
White v. Massachusetts Council of Constr. Employers, Inc., 460 U.S. 
204, 213 (1983). Both the legislative history of CAA section 209 and 
the text of the statute itself show that Congress affirmatively 
contemplated the type of regulations at issue here, even assuming those 
regulations might otherwise be considered to interfere with interstate 
commerce. See Motor & Equip. Mfrs. Ass'n v. EPA, 627 F.2d 1095 (D.C. 
Cir. 1979) (``MEMA I''). The EPA has consistently interpreted these 
provisions as providing a narrow review of California's decision 
making. These views are consistent with the views we expressed in more 
detail in our recent brief in Owner-Operator Independent Drivers 
Association, Inc. v. EPA, D.C. Cir., Case No. 14-1192 (``OOIDA v. 
EPA''), which has been placed in the docket for this rulemaking. While 
the specific California regulations at issue in OOIDA v. EPA are not 
included in the SIP revision approved in today's action, we believe 
that the views expressed in our brief in that case on the Commerce 
Clause apply more generally to EPA actions and to California 
regulations (including those approved herein) for which the EPA has 
issued waivers or authorizations and thus we are adopting the reasoning 
set forth therein in support of today's action.
    Lastly, Congress allows for cost considerations in reviewing 
requests for waivers of preemption under section 209 of the Act. The 
third prong of EPA's consideration (section 209(b)(1)(C) for on-road 
waivers and section 209(e)(2)(A)(iii) for off-road authorizations) 
includes an assessment of whether CARB's regulations are 
technologically infeasible. Such assessment includes a review of 
whether those opposing the waiver have demonstrated that there is 
inadequate lead time to permit the development of technology necessary 
to meet the

[[Page 39431]]

regulations at issue, giving appropriate consideration to the cost of 
compliance within that time frame.\5\ Each of the regulations approved 
in today's actions were the subject of a waiver or authorization by the 
EPA under section 209, and thus, cost compliance issues have already 
been considered by the Agency in that context. The EPA does not intend 
to reopen those issues through today's action under CAA section 110 on 
CARB's SIP revision.
---------------------------------------------------------------------------

    \5\ See 79 FR 46256, 46262-46264. In MEMA I, the court addressed 
the cost of compliance issue in reviewing a waiver decision. 
According to the court: Section 202's cost of compliance concern, 
juxtaposed as it is with the requirement that the Administrator 
provide the requisite lead time to allow technological developments, 
refers to the economic costs of motor vehicle emission standards and 
accompanying enforcement procedures. See S. Rep. No. 192, 89th 
Cong., 1st Sess. 5-8 (1965); H.R. Rep. No. 728 90th Cong., 1st Sess. 
23 (1967), reprinted in U.S. Code Cong. & Admin. News 1967, p. 1938. 
It relates to the timing of a particular emission control regulation 
rather than to its social implications. Congress wanted to avoid 
undue economic disruption in the automotive manufacturing industry 
and also sought to avoid doubling or tripling the cost of motor 
vehicles to purchasers. It, therefore, requires that the emission 
control regulations be technologically feasible within economic 
parameters. Therein lies the intent of the cost of compliance 
requirement (emphasis added).
---------------------------------------------------------------------------

    OOIDA Comment #4: OOIDA believes that the costs to comply with 
CARB's On-Road Heavy-Duty Vehicle--Engine or Vehicle Idle Controls 
(``Anti-Idling'') Regulations disproportionately burden motor carriers 
and drivers from outside of the State of California because local 
California truck owners who go home at night on a regular basis are not 
pressured to purchase an Alternative Power Source (APS) to condition 
the truck cab for the comfort of the driver for those times when the 
idling shutdown system activates in uncomfortably hot or cold weather. 
On the benefit side, OOIDA contends that CARB did not quantify the 
environmental benefits that will be derived from the Anti-Idling 
Regulations in either the SIP revision or the waiver request to the EPA 
for the rules back in 2008. OOIDA believes that the burden of these 
regulations upon out-of-state trucks far exceeds the air pollution 
benefits, but in any event, now that the regulations have been in 
effect for several years, OOIDA states that the EPA should not approve 
the Anti-Idling Regulations as part of the SIP until CARB presents, and 
the EPA considers, up-to-date information concerning costs and 
benefits.
    EPA response to OOIDA comment #4: CARB included the Anti-Idling 
Regulations in the package of mobile source regulations submitted as 
part of the California SIP because recent and pending regional air 
quality plans depend upon the emissions reductions from implementation 
of the regulations. At the time the regulations were adopted, CARB 
estimated statewide benefits from reducing idling of sleeper berth 
equipped trucks at 46 tons per day of oxides of nitrogen, 4.2 tons per 
day of reactive organic gases, and 0.4 tons per day of particulate 
matter in year 2010.\6\
---------------------------------------------------------------------------

    \6\ CARB's Updated Informative Digest, ``Requirements to Reduce 
Idling Emissions from New and In-Use Trucks, Beginning in 2008,'' 
posted September 6, 2006.
---------------------------------------------------------------------------

    As noted previously, the CAA requires the EPA to approve SIPs and 
SIP revisions that meet the applicable requirements of the CAA. One of 
those requirements involves a determination that the state has provided 
necessary assurances that the state is not prohibited by any provision 
of federal or state law from carrying out the SIP (see CAA section 
110(a)(2)(E)), and in this case, no court has found the Anti-Idling 
Regulations to be in violation of the Commerce Clause or any other 
provision of federal law.
    Also, as noted above in our responses to OOIDA comment #1, under 
Union Electric, compliance cost issues standing alone are not relevant 
to the EPA's review of SIPs and SIP revisions under CAA section 110, 
and as noted in response to OOIDA comment #3, the Commerce Clause acts 
to limit certain types of state regulation that affect interstate 
commerce, but does not limit actions by federal agencies, such as the 
EPA. As also previously explained, the ``dormant'' Commerce Clause 
principles do not apply where Congress has established a process under 
which the EPA must waive preemption if certain conditions are met. The 
EPA's views expressed herein concerning the reach of the ``dormant'' 
Commerce Clause and the viability of challenges under the Commerce 
Clause to California regulations for which waivers or authorizations 
have been issued are consistent with our recent brief in Owner-Operator 
Independent Drivers Association, Inc. v. EPA, D.C. Cir., Case No. 14-
1192, which has been placed in the docket for this rulemaking.
    OOIDA comment #5: OOIDA cites CARB's In-Use Diesel-Fueled Transport 
Refrigeration Units (TRUs) Regulation as another example of what it 
contends is a state regulation whose costs on interstate commerce far 
exceed any benefit yet demonstrated by CARB. OOIDA further contends 
that the EPA does not have the authority to approve a rule with what it 
views as an unconstitutional impact on interstate commerce.
    EPA response to OOIDA comment #5: As previously explained, the 
Commerce Clause acts to limit certain types of state regulation that 
affect interstate commerce, but does not limit actions by federal 
agencies, such as the EPA. As also previously explained, the 
``dormant'' Commerce Clause principles do not apply where Congress has 
established a process under which the EPA must waive preemption if 
certain conditions are met. On the other hand, the EPA recognizes that 
it must review SIPs and SIP revisions for compliance with CAA section 
110(a)(2)(E), which provides in relevant part that the state must 
provide necessary assurances that, among other things, the state is not 
prohibited by any provision of federal or state law from carrying out 
the SIP. In this instance, no court has found CARB's TRUs Regulation to 
be in violation of the Commerce Clause or any other provision of 
federal law.
    As noted above in the EPA response to OOIDA comment #3, the EPA has 
considered in detail the issue of the relevance of the ``dormant'' 
Commerce Clause to CARB's regulations that are subject to waivers or 
authorizations under section 209 in a recent brief filed in the D.C. 
Circuit Court of Appeals in Owner-Operator Independent Drivers 
Association, Inc. v. EPA, D.C. Cir., Case No. 14-1192, which is in the 
docket for this rulemaking.

III. Final Action

    Under section 110(k)(3) of the CAA, and for the reasons given 
above, we are taking final action to approve a SIP revision submitted 
by CARB on August 14, 2015 that includes certain sections of title 13 
and title 17 of the California Code of Regulations that establish 
standards and other requirements relating to the control of emissions 
from new on-road and new and in-use off-road vehicles and engines. 
Tables 1 and 2 above list the regulations and related test procedures 
and other specifications we are approving in this action.\7\ We are 
approving the SIP revision because the regulations (and related test 
procedures and other specifications) included therein fulfill all 
relevant CAA requirements. This final action incorporates by reference 
the regulations into the federally enforceable SIP for the State of 
California.
---------------------------------------------------------------------------

    \7\ As discussed above in footnotes #1 and #2, we are deferring 
action on 13 CCR section 2449.2(f)(4).

---------------------------------------------------------------------------

[[Page 39432]]

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of certain 
sections of title 13 and title 17 of the California Code of Regulations 
described in the amendments to 40 CFR part 52 set forth below. 
Therefore, these materials have been approved by the EPA for inclusion 
in the State implementation plan, have been incorporated by reference 
by the EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference by 
the Director of the Federal Register in the next update to the SIP 
compilation.\8\ The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region IX Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
---------------------------------------------------------------------------

    \8\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, this action does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 15, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 1, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220a is amended as follows:
0
a. In paragraph (c), table 1 is amended:
0
i. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 
3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control 
Devices), Article 1 (General Provisions)'' after the entry for 
``6626''; and under it, adding entries for ``1900(b)(11) through 
(b)(17)'', ``1900(b)(9) and (b)(22)'', and ``1900(b)(22)'';
0
ii. By adding entries for ``1956.8(a)(2), (a)(5), (b), and (h)'', 
``1956.8(b), (c)(1)(B), (d), and (h)(2)(footnotes J and K)'', and 
``1956.8(a)(2)(A), (a)(6), and (b)'' after the heading ``Title 13 
(Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor 
Vehicle Pollution Control Devices), Article 2 (Approval of Motor 
Vehicle Pollution Control Divisions (New Vehicles))'';
0
iii. By adding entries for ``1956.8(b), (c)(1)(B), (c)(3), (d), (h)(2), 
and (h)(5)'', ``1956.8(b), (c)(1)(A)(3), (d), and (h)(5)'', and ``1958 
(a) (excluding (a)(1)), (b)(1), (b)(2), (f), (g), and (h)'', after the 
entry for ``1956.8'';
0
iv. By adding entries for ``1960.1(r)'', ``1960.1(r)'', ``1961, 
including Introduction, (a)(4), (a)(8), (a)(12), (a)(15); (b)(3)(B), 
(b)(3)(C), (b)(3)(D), (b)(3)(E); (d); and (e)'', and ``1961(d)'' after 
the entry for ``1960.1'';
0
v. By adding entries for ``1961, including Introduction, (a)(1), 
(a)(3),

[[Page 39433]]

(a)(4), (a)(5), (a)(7), (a)(8)(B), (a)(14)(A); (b)(1)(A), 
(b)(1)(B)(1.)(c.), (b)(1)(B)(3.), (b)(1)(C)(1.), (b)(1)(D), (b)(3)(A), 
(b)(3)(B), (b)(3)(C), (b)(3)(E); (c)(1), (c)(2)(A), (c)(3)(A), (d)'', 
``1961, including Introduction, (a)(1), (b)(1)(A), (d)'', ``1961.2'', 
``1961.2, including Introduction, (a)(1), (a)(2)(A), (a)(2)(D), 
(a)(7)(A), (a)(7)(A)(2.) (through equation 2), (A)(9), (b)(1)(A), 
(b)(1)(A)(2.), (b)(1)(D), (b)(4)(A), (c)(1)(B), (c)(3)(B), and (d)''; 
``1962.1'', ``1962.1 (b)(2)(D)(1) and (2), (c)(3)(A), and (h)(1)''; 
``1962.2, excluding (g)(6)(C)''; ``1962.2(c)(2)(B), (c)(3)(A), 
(c)(3)(A)(1.), (h)(1)''; ``1962.3''; ``1965''; ``1965''; ``1965''; 
``1971.1''; ``1971.5''; ``1976(c)''; ``1976(b)(1), (c), (f)(3) and 
(f)(4)''; ``1976(b)(1), (b)(1)(G)(3), (c)''; ``1978(a)(1), (b)''; 
``1978(b)''; and ``1978'' after the entry for ``1961'';
0
vi. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution 
Control Devices), Article 6 (Emission Control Warranty System)'' after 
the entry for ``2027''; and under it, adding entries for ``2037(g)'' 
and ``2038(c)(3)'';
0
vii. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle 
Emission Standards and Surveillance Testing), Article 1 (Assembly-Line 
Testing)'' after the new entry ``2038(c)(3)''; and under it, adding an 
entry for ``2062'';
0
viii. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle 
Emission Standards and Surveillance Testing), Article 2.1 (Procedures 
for In-Use Vehicle Voluntary and Influenced Recalls)'' after the new 
entry ``2062''; and under it, adding entries for ``2111(a)(1)'', 
``2111(a)(4)'', ``2112(l)(12)'', ``2112(l)(20), (l)(23)'', and 
``2112(b), (l)(9), (l)(18)'';
0
ix. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle 
Emission Standards and Surveillance Testing), Article 2.3 (In-Use 
Vehicle Enforcement Test Procedures)'' after the new entry ``2112(b), 
(l)(9), (l)(18)''; and under it, adding entries for ``2139(h)'', 
``2139(a), (b), (c)(2)'', and ``2140(b)'';
0
x. By adding a table entry titled ``Title 13 (Motor Vehicles), Division 
3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission 
Standards and Surveillance Testing), Article 2.4 (Procedures for 
Reporting Failures of Emission-Related Components)'' after the new 
entry ``2140(b)''; and under it, adding entries for ``2145(b)(3)'', 
``2147(b)'', and ``2147(b)(3)'';
0
xi. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 4.4 (Specifications for Fill 
Pipes and Openings of Motor Vehicle Fuel Tanks)'' after the new entry 
``2147(b)(3)''; and under it, adding an entry for ``2235'';
0
xii. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 5.1 (Standards for Fuels for 
Nonvehicular Sources)'' after the entry for ``2297''; and under it, 
adding an entry for ``2299.3'';
0
xiii. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and 
Engines Pollution Control Devices), Article 1 (Small Off-Road 
Engines)'' after the new entry ``2299.3''; and under it, adding entries 
for ``2401(a)(13), (36), (41), (51), (52)'', ``2403(b)(2), (b)(3), 
(b)(4), (d), (e)(1)'', ``2404(a)''; ``2404(m)(1), (m)(2), (m)(3)''; 
``2405(b)(1), (b)(2), (h)(1), (h)(2)''; ``2406(b)(1), (b)(2)''; 
``2408(b)(2), (d)(4), (f)(1), (f)(3), (f)(4), (f)(5), (g)(1)(E), 
(i)(3), (i)(7)''; ``2408.1''; and ``2409(a), (b)(1), (b)(2), (b)(5), 
(b)(6), (d)(3)'';
0
xiv. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and 
Engines Pollution Control Devices), Article 3 (Off-Highway Recreational 
Vehicles and Engines)'' after the new entry ``2409(a), (b)(1), (b)(2), 
(b)(5), (b)(6), (d)(3)''; and under it, adding entries for 
``2411(a)(1), (a)(13), (a)(17), (a)(18), (a)(19)''; ``2412''; and 
``2413'';
0
xv. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and 
Engines Pollution Control Devices), Article 4 (Off-Road Compression-
Ignition Engines and Equipment)'' after the new entry ``2413''; and 
under it, adding entries for ``2420'', ``2421'', ``2423'', ``2424'', 
``2424(a)'', ``2425'', ``2425(e)'', ``2425.1'', ``2426'', and ``2427'';
0
xvi. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and 
Engines Pollution Control Devices), Article 4.5 (Off-Road Large Spark-
Ignition Engines)'' after the new entry ``2427''; and under it, adding 
entries for ``2430'', ``2431(a), (a)(19), (a)(28)'', ``2433'', 
``2434(c)'', and ``2438(e)(7)'';
0
xvii. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and 
Engines Pollution Control Devices), Article 4.7 (Spark-Ignition Marine 
Engines)'' after the new entry ``2438(e)(7)''; and under it, adding 
entries for ``2440(a)(3)'', ``2442(a)(1), (a)(2), (b), (c), (d), (e), 
(f), (g), (h)'', ``2443.1(b)(1), (c)(2)(B), (c)(4)(B), (c)(4)(D), 
(c)(4)(G), (c)(4)(H), (d)(4)(B)'', ``2443.2(b)(1), (c)(1), (c)(2), 
(e)'', ``2444.1(a), (b)(3)(B), (b)(3)(E), (b)(3)(G), (e)(4)(A)(1. 
through 10.), (e)(4)(B), (e)(4)(C)(1., 2., and 3.)'', ``2444.2'', 
``2445.1(a), (c)(1), (c)(2), (c)(3), (e)(10), (e)(11), (g)(2)(A)'', 
``2445.2(a)'', ``2446(a), (b)(4)(B), (c)(1)(A), (c)(1)(B), (c)(2)(A), 
(c)(3)(D), (c)(3)(E), (d)(3)(D), (d)(5), (e)'', and ``2447'';
0
xviii. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and 
Engines Pollution Control Devices), Article 4.8 (In-Use Off-Road 
Diesel-Fueled Fleets)'' after the new entry ``2447''; and under it, 
adding entries for ``2449, excluding (d)(2)'', ``2449.1'', and 
``2449.2, excluding (f)(4)'';
0
xix. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and 
Engines Pollution Control Devices), Article 5 (Portable Engine and 
Equipment Registration)'' after the new entry ``2449.2, excluding 
(f)(4)''; and under it, adding entries for ``2451'', ``2452'', 
``2453'', ``2455, excluding (a) and (b)'', ``2456, excluding (a), 
(d)(3), (d)(5), and (d)(6)'', ``2458'', ``2459'', ``2460'', ``2461'', 
and ``2462'';
0
xx. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and 
Engines Pollution Control Devices), Article 7 (Certification Procedures 
for Aftermarket Parts for Off-Road Vehicles, Engines, Equipment)'' 
after the new entry ``2462''; and under it, adding an entry for 
``2474(e), (i)(1)'';
0
xxi. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and 
Engines Pollution Control Devices), Article 8 (Off-Road Airborne Toxic 
Control Measures)'' after the new entry ``2474(e), (i)(1)''; and under 
it, adding entries for ``2477'', ``2479, excluding (e)(2) and (e)(4)'', 
and ``2479(a), (b), (c), (d), (e)(1), (e)(3), (e)(5), (f)(1), (f)(2), 
(f)(3), (f)(6), (h)(1), (i), (j)(1), (j)(2), (j)(3), (k), (l), (m), 
(n), (o), (p), (q), (r)'';
0
xxii. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 10 (Mobile Source Operational 
Controls), Article 1 (Motor Vehicles)'' after the new entry ``2479(a), 
(b), (c), (d), (e)(1), (e)(3), (e)(5), (f)(1), (f)(2), (f)(3), (f)(6), 
(h)(1), (i), (j)(1), (j)(2), (j)(3), (k), (l), (m), (n), (o), (p), (q), 
(r)''; and under it, adding an entry for ``2485, excluding (c)(1)(A), 
(c)(1)(B), (c)(3)(B)'';

[[Page 39434]]

0
xxiii. By adding a table entry titled ``Title 13 (Motor Vehicles), 
Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road 
Vehicles and Engines Pollution Control Requirements), Article 2 (Large 
Spark Ignition (LSI) Engines Fleet Requirements)'' after the entry for 
``2701''; and under it, adding entries for ``2775'', ``2775.1'', and 
``2775.2'';
0
xxiv. By adding entries for ``93116'', ``93116.1'', ``93116.2'', 
``93116.3, excluding (a)'', ``93116.4'', ``93116.5'', ``93118.3'', and 
``93118.5, excluding (e)(1)'' after the entry for ``93114''; and b. 
Paragraph (c), table 2 is amended by adding entries for ``California 
Exhaust Emission Standards and Test Procedures for 2001 and Subsequent 
Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles, as 
last amended September 5, 2003'', ``California Motor Vehicle Emission 
Control and Smog Index Label Specifications for 1978 through 2003 Model 
Year Motorcycles, Light-, Medium- and Heavy-Duty Engines and 
Vehicles,'' as last amended September 5, 2003'', ``California Smog 
Index Label Specifications for 2004 and Subsequent Model Passenger Cars 
and Light-Duty Trucks,'' adopted September 5, 2003'', ``California 
Refueling Emission Standards and Test Procedures for 2001 and 
Subsequent Model Motor Vehicles, as last amended September 5, 2003'', 
``California Evaporative Emission Standards and Test Procedures for 
2001 and Subsequent Model Motor Vehicles, as amended June 22, 2006'', 
``California Refueling Emission Standards and Test Procedures for 2001 
and Subsequent Model Motor Vehicles, as last amended June 22, 2006'', 
``California Exhaust Emission Standards Test Procedures for 2001 and 
Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty 
Vehicles, as last amended June 22, 2006'', ``California Exhaust 
Emission Standards and Test Procedures for 2004 and Subsequent Model 
Heavy-Duty Diesel Engines and Vehicles, as last amended March 22, 
2012'', ``California Exhaust Emission Standards and Test Procedures for 
2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last 
amended March 22, 2012'', ``California Non-Methane Organic Gas Test 
Procedures, as last amended March 22, 2012'', ``California 2001 through 
2014 Model Criteria Pollutant Exhaust Emission Standards and Test 
Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission 
Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, 
and Medium-Duty Vehicles, as last amended March 22, 2012, excluding 
GHG-related provisions'', ``California Environmental Performance Label 
Specifications for 2009 and Subsequent Model Year Passenger Cars, 
Light-Duty Trucks, and Medium-Duty Passenger Vehicles, as last amended 
March 22, 2012'', ``California Evaporative Emission Standards and Test 
Procedures for 2001 and Subsequent Model Motor Vehicles, as last 
amended March 22, 2012'', ``California Refueling Emission Standards and 
Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last 
amended March 22, 2012'', ``Specifications for Fill Pipes and Openings 
of 1977 through 2014 Model Motor Vehicle Fuel Tanks, as last amended 
March 22, 2012'', ``Specifications for Fill Pipes and Openings of 2015 
and Subsequent Model Motor Vehicle Fuel Tanks, adopted March 22, 
2012'', ``California 2015 and Subsequent Model Criteria Pollutant 
Exhaust Emission Standards and Test Procedures and 2017 and Subsequent 
Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for 
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, adopted 
March 22, 2012, excluding GHG-related provisions'', ``California 
Exhaust Emission Standards and Test Procedures for 2009 through 2017 
Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the 
Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as 
last amended March 22, 2012, excluding GHG-related provisions'', 
``California Exhaust Emission Standards and Test Procedures for 2018 
and Subsequent Model Zero-Emission Vehicles and Hybrid Electric 
Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty 
Vehicle Classes, adopted March 22, 2012, excluding GHG-related 
provisions'', ``California 2015 and Subsequent Model Criteria Pollutant 
Exhaust Emission Standards and Test Procedures and 2017 and Subsequent 
Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for 
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last 
amended December 6, 2012, excluding GHG-related provisions'', 
``California 2001 through 2014 Model Criteria Pollutant Exhaust 
Emission Standards and Test Procedures and 2009 through 2016 Model 
Greenhouse Gas Exhaust Emission standards and Test Procedures for 
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last 
amended December 6, 2012, excluding GHG-related provisions'', 
``California Non-Methane Organic Gas Test Procedures, as last amended 
December 6, 2012'', ``California Evaporative Emission Standards and 
Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last 
amended December 6, 2012'', ``California Exhaust Emission Standards and 
Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle 
Engines, as last amended December 6, 2012'', ``California Exhaust 
Emission Standards and Test Procedures for 2004 and Subsequent Model 
Heavy-Duty Diesel Engines and Vehicles, as last amended December 6, 
2012'', ``California Exhaust Emission Standards and Test Procedures for 
2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric 
Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty 
Vehicle Classes, as last amended December 6, 2012'', ``California 
Exhaust Emission Standards and Test Procedures for 2018 and Subsequent 
Model Zero-Emission Vehicles and Hybrid Vehicles, in the Passenger Car, 
Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted December 6, 
2012, excluding GHG-related provisions'', ``California Exhaust Emission 
Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty 
Otto-cycle Engines, as last amended December 12, 2002'', ``California 
Exhaust Emission Standards and Test Procedures for 1985 and Subsequent 
Model Heavy-Duty Diesel Engines and Vehicles, as last amended October 
25, 2001'', ``California Motor Vehicle Emission Control and Smog Index 
Label Specifications, as last amended October 22, 1999'', ``California 
Exhaust Emission Standards and Test Procedures for 2004 and Subsequent 
Model Heavy-Duty Diesel Engines, as last amended September 1, 2006'', 
``California Exhaust Emission Standards and Test Procedures for New 
2001 through 2006 Off-Road Large Spark-Ignition Engines, Parts I and 
II, adopted September 1, 1999 and as last amended March 2, 2007'', 
``California Exhaust and Evaporative Emission Standards and Test 
Procedures for 2007 through 2009 Off-Road Large Spark-Ignition Engines, 
(2007-2009 Test Procedure 1048), adopted March 2, 2007'', ``California 
Exhaust and Evaporative Emission Standards and Test Procedures for New 
2010 and Later Off-Road Large Spark-Ignition Engines, (2010 and Later 
Test Procedure 1048), adopted March 2, 2007'', ``California Exhaust and 
Evaporative Emission Standards and Test Procedures for New 2007 and 
Later Off-Road Large Spark-Ignition Engines (Test Procedures 1065 and 
1068), adopted March 2, 2007'',

[[Page 39435]]

``California Exhaust Emission Standards and Test Procedures for 2005 
and Later Small Off-Road Engines, as last amended February 24, 2010'', 
``California Exhaust Emission Standards and Test Procedures for New 
2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition 
Engines, Part I-B, adopted January 28, 2000 and as last amended October 
20, 2005'', ``California Exhaust Emission Standards and Test Procedures 
for New 1996 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-
Ignition Engines, Part II, adopted May 12, 1993 and as last amended 
October 20, 2005'', ``California Exhaust Emission Standards and Test 
Procedures for New 2008 and Later Tier 4 Off-Road Compression-Ignition 
Engines, Part I-C, adopted October 20, 2005'', ``California Exhaust 
Emission Standards and Test Procedures for 2001 Model Year and Later 
Spark-Ignition Marine Engines, as last amended June 5, 2009'', 
``Procedures for Exemption of Add-On and Modified Parts for Off-Road 
Categories, as last amended June 5, 2009'', and ``California Exhaust 
Emissions Standards and Test Procedures for 1997 and Later Off-Highway 
Recreational Vehicles, and Engines, as last amended August 15, 2007'' 
after the entry for ``Procedures for Using the California Model for 
California Reformulated Gasoline Blendstocks for Oxygenate Blending 
(CARBOB)''.
    The additions read as follows:


Sec.  52.220a  Identification of plan--partial.

* * * * *
    (c) * * *

                                                Table 1--EPA-Approved Statutes and State Regulations \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           State
            State citation                       Title/subject           effective             EPA approval date               Additional explanation
                                                                            date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 1 (General Provisions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1900(b)(11) through (b)(17)...........  Definitions...................   11/22/1999  [Insert Federal Register citation],   Definitions of ``motorcycle
                                                                                      6/16/2016.                            engine,'' ``passenger car,''
                                                                                                                            ``recall,'' ``replacement
                                                                                                                            part,'' ``subgroup,'' and
                                                                                                                            ``reactivity adjustment
                                                                                                                            factor.''
1900(b)(9) and (b)(22)................  Definitions...................     8/7/2012  [Insert Federal Register citation],   Definitions of ``intermediate
                                                                                      6/16/2016.                            volume manufacturer'' and
                                                                                                                            ``small volume
                                                                                                                            manufacturer.''
1900(b)(22)...........................  Definitions...................   12/31/2012  [Insert Federal Register citation],   Definition of ``small volume
                                                                                      6/16/2016.                            manufacturer.''
 
                                                                      * * * * * * *
1956.8(a)(2), (a)(5), (b), and (h)....  Exhaust Emissions Standards      11/17/2002  [Insert Federal Register citation],   Exhaust emissions standards
                                         and Test Procedures--1985 and                6/16/2016.                            for new 2004 and subsequent
                                         Subsequent Model Heavy-Duty                                                        model heavy-duty diesel
                                         Engines and Vehicles.                                                              engines, heavy-duty natural
                                                                                                                            gas-fueled and LPG-fueled
                                                                                                                            engines derived from diesel-
                                                                                                                            cycle engines; crankcase
                                                                                                                            emissions requirements; test
                                                                                                                            procedures.
1956.8(b), (c)(1)(B), (d), and (h)(2)   Exhaust Emissions Standards       12/4/2003  [Insert Federal Register citation],   Test procedures; exhaust
 (footnotes J and K).                    and Test Procedures--1985 and                6/16/2016.                            emissions standards for new
                                         Subsequent Model Heavy-Duty                                                        2005 and subsequent model HD
                                         Engines and Vehicles.                                                              OC engines.
1956.8(a)(2)(A), (a)(6), and (b)......  Exhaust Emissions Standards      11/15/2006  [Insert Federal Register citation],   Heavy-duty diesel engine
                                         and Test Procedures--1985 and                6/16/2016.                            idling requirements; test
                                         Subsequent Model Heavy-Duty                                                        procedures.
                                         Engines and Vehicles.
 
                                                                      * * * * * * *
1956.8(b), (c)(1)(B), (c)(3), (d),      Exhaust Emissions Standards        8/7/2012  [Insert Federal Register citation],   Test procedures; exhaust
 (h)(2), and (h)(5).                     and Test Procedures--1985 and                6/16/2016.                            emissions standard for new
                                         Subsequent Model Heavy-Duty                                                        2005 and subsequent model HD
                                         Engines and Vehicles.                                                              OC engines; 1992 and
                                                                                                                            subsequent model diesel
                                                                                                                            engines used in MD low-
                                                                                                                            emissions vehicles.
1956.8(b), (c)(1)(A)(3), (d), and       Exhaust Emissions Standards      12/31/2012  [Insert Federal Register citation],   Test procedures; exhaust
 (h)(5).                                 and Test Procedures--1985 and                6/16/2016.                            emissions standard for new
                                         Subsequent Model Heavy-Duty                                                        2005 and subsequent model HD
                                         Engines and Vehicles.                                                              OC engines; 1992 and
                                                                                                                            subsequent model diesel
                                                                                                                            engines used in MD low-
                                                                                                                            emissions vehicles.
1958(a) (excluding (a)(1)), (b)(1),     Exhaust Emissions Standards      11/22/1999  [Insert Federal Register citation],   Exhaust emissions standards
 (b)(2), (f), (g), and (h).              and Test Procedures--                        6/16/2016.                            for HC + NOX and for CO;
                                         Motorcycles and Motorcycle                                                         different standards
                                         Engines Manufactured on or                                                         established for different
                                         after January 1, 1978.                                                             sizes and for different
                                                                                                                            models years; provisions for
                                                                                                                            small volume manufacturers
                                                                                                                            and for early-compliance
                                                                                                                            credits; sunset review.
                                                                                                                            Excluded subsection relates
                                                                                                                            to an exclusion for
                                                                                                                            motorcycles or motorcycle
                                                                                                                            engines where the engine
                                                                                                                            displacement is less than 50
                                                                                                                            cubic centimeters.
 

[[Page 39436]]

 
                                                                      * * * * * * *
1960.1(r).............................  Exhaust Emission Standards and     8/7/2012  [Insert Federal Register citation],   4,000-mile Supplement FTP
                                         Test Procedures--1981 through                6/16/2016.                            Emission Standards for LEV,
                                         2006 Model Passenger Cars,                                                         ULEV, and SULEV in the PC,
                                         Light Duty Trucks, and Medium                                                      LDT, and MDVs.
                                         Duty Vehicles.
1960.1(r).............................  Exhaust Emission Standards and   12/31/2012  [Insert Federal Register citation],   4,000-mile Supplement FTP
                                         Test Procedures--1981 through                6/16/2016.                            Emission Standards for LEV,
                                         2006 Model Passenger Cars,                                                         ULEV, and SULEV in the PC,
                                         Light Duty Trucks, and Medium                                                      LDT, and MDVs.
                                         Duty Vehicles.
1961, including Introduction, (a)(4),   Exhaust Emission Standards and    12/4/2003  [Insert Federal Register citation],   50 [deg]F Exhaust emissions
 (a)(8), (a)(12), (a)(15); (b)(3)(B),    Test Procedures--2004 and                    6/16/2016.                            standards, requirements for
 (b)(3)(C), (b)(3)(D), (b)(3)(E); (d);   Subsequent Model Passenger                                                         vehicles certified to the
 and (e).                                Cars, Light-Duty Trucks, and                                                       optional 150,000 mile
                                         Medium-Duty Vehicles.                                                              standards, NMOG credit
                                                                                                                            provisions, fuel-fired
                                                                                                                            heater provisions, phase-in
                                                                                                                            requirements for MDV
                                                                                                                            manufacturers; test
                                                                                                                            procedures.
1961(d)...............................  Exhaust Emission Standards and    2/17/2007  [Insert Federal Register citation],   Test procedures.
                                         Test Procedures--2004 and                    6/16/2016.
                                         Subsequent Model Passenger
                                         Cars, Light-Duty Trucks, and
                                         Medium-Duty Vehicles.
 
                                                                      * * * * * * *
1961, including Introduction, (a)(1),   Exhaust Emission Standards and     8/7/2012  [Insert Federal Register citation],   ``LEV III'' exhaust emission
 (a)(3), (a)(4), (a)(5), (a)(7),         Test Procedures--2004 through                6/16/2016.                            standards for 2004 through
 (a)(8)(B), (a)(14)(A); (b)(1)(A),       2019 Model Passenger Cars,                                                         2019 model PC, LDT, and MDV;
 (b)(1)(B)(1.)(c.), (b)(1)(B)(3.),       Light-Duty Trucks, and Medium-                                                     test procedures.
 (b)(1)(C)(1.), (b)(1)(D), (b)(3)(A),    Duty Vehicles.
 (b)(3)(B), (b)(3)(C), (b)(3)(E);
 (c)(1), (c)(2)(A), (c)(3)(A), (d).
1961, including Introduction, (a)(1),   Exhaust Emission Standards and   12/31/2012  [Insert Federal Register citation],   ``LEV III'' exhaust emission
 (b)(1)(A), (d).                         Test Procedures--2004 through                6/16/2016.                            standards for 2004 through
                                         2019 Model Passenger Cars,                                                         2019 model PC, LDT, and MDV;
                                         Light-Duty Trucks, and Medium-                                                     test procedures.
                                         Duty Vehicles.
1961.2................................  Exhaust Emission Standards and     8/7/2012  [Insert Federal Register citation],   ``LEV III'' exhaust emission
                                         Test Procedures--2015 and                    6/16/2016.                            standards for 2015 and
                                         Subsequent Model Passenger                                                         subsequent model year PC,
                                         Cars, Light-Duty Trucks, and                                                       LDT, and MDV.
                                         Medium-Duty Vehicles.
1961.2, including Introduction,         Exhaust Emission Standards and   12/31/2012  [Insert Federal Register citation],   ``LEV III'' exhaust emission
 (a)(1), (a)(2)(A), (a)(2)(D),           Test Procedures--2015 and                    6/16/2016.                            standards for 2015 and
 (a)(7)(A), (a)(7)(A)(2.) (through       Subsequent Model Passenger                                                         subsequent model year PC,
 equation 2), (A)(9), (b)(1)(A),         Cars, Light-Duty Trucks, and                                                       LDT, and MDV.
 (b)(1)(A)(2.), (b)(1)(D), (b)(4)(A),    Medium-Duty Vehicles.
 (c)(1)(B), (c)(3)(B), and (d).
1962.1................................  Zero-Emission Vehicle              8/7/2012  [Insert Federal Register citation],   ZEV standards, percentage ZEV
                                         Standards for 2009 through                   6/16/2016.                            requirements, PZEV
                                         2017 Model Year Passenger                                                          provisions, qualification
                                         Cars, Light-Duty Trucks, and                                                       for ZEV multipliers and
                                         Medium-Duty Vehicles.                                                              credits, generation and use
                                                                                                                            of credits, calculation of
                                                                                                                            penalties, test procedures.
1962.1(b)(2)(D)(1) and (2), (c)(3)(A),  Zero-Emission Vehicle            12/31/2012  [Insert Federal Register citation],   ZEV requirements for large
 and (h)(1).                             Standards for 2009 through                   6/16/2016.                            volume manufacturers in
                                         2017 Model Year Passenger                                                          model years 2012 through
                                         Cars, Light-Duty Trucks, and                                                       2017 and PZEV allowances;
                                         Medium-Duty Vehicles.                                                              test procedures, ZEV-
                                                                                                                            specific definitions.
1962.2, excluding (g)(6)(C)...........  Zero-Emission Vehicle              8/7/2012  [Insert Federal Register citation],   ZEV standards, percentage ZEV
                                         Standards for 2018 and                       6/16/2016.                            requirements, TZEV
                                         Subsequent Model Year                                                              provisions, qualification of
                                         Passenger Cars, Light-Duty                                                         ZEV credits, generation and
                                         Trucks, and Medium-Duty                                                            use of credits, test
                                         Vehicles.                                                                          procedures, ZEV-specific
                                                                                                                            definitions; excluded
                                                                                                                            provision relates to GHG-ZEV
                                                                                                                            over compliance credits.
1962.2(c)(2)(B), (c)(3)(A),             Zero-Emission Vehicle            12/31/2012  [Insert Federal Register citation],   Certain ZEV requirements in
 (c)(3)(A)(1.), (h)(1).                  Standards for 2018 and                       6/16/2016.                            model years 2018 and
                                         Subsequent Model Year                                                              subsequent model years
                                         Passenger Cars, Light-Duty                                                         including evaporative
                                         Trucks, and Medium-Duty                                                            emission standards for
                                         Vehicles.                                                                          TZEVs, TZEV allowances, and
                                                                                                                            test procedures.
1962.3................................  Electric Vehicle Charging          8/7/2012  [Insert Federal Register citation],   Applicability, definitions,
                                         Requirements.                                6/16/2016.                            requirements, alternatives.
1965..................................  Emission Control and Smog        11/22/1999  [Insert Federal Register citation],   Emission control label
                                         Index Labels--1979 and                       6/16/2016.                            requirements.
                                         Subsequent Model-Year Motor
                                         Vehicles.
1965..................................  Emission Control and Smog        12/04/2003  [Insert Federal Register citation],   Emission control label
                                         Index Labels--1979 and                       6/16/2016.                            requirements.
                                         Subsequent Model-Year Motor
                                         Vehicles.
1965..................................  Emission Control, Smog Index,      8/7/2012  [Insert Federal Register citation],   Emission control label
                                         and Environmental Performance                6/16/2016.                            requirements.
                                         Labels--1979 and Subsequent
                                         Model-Year Motor Vehicles.

[[Page 39437]]

 
1971.1................................  On-Board Diagnostic System        6/17/2010  [Insert Federal Register citation],   Establishes emission
                                         Requirements--2010 and                       6/16/2016.                            standards and other
                                         Subsequent Model-Year Heavy-                                                       requirements for OBD systems
                                         Duty Engines.                                                                      that monitor emission
                                                                                                                            systems in-use for the
                                                                                                                            actual life of the engine
                                                                                                                            and detect malfunctions of
                                                                                                                            the monitored emissions
                                                                                                                            systems, illuminating a
                                                                                                                            malfunction indicator light
                                                                                                                            to notify the vehicle
                                                                                                                            operator of detected
                                                                                                                            malfunctions, and storing
                                                                                                                            fault codes identifying the
                                                                                                                            detected malfunctions.
1971.5................................  Enforcement of Malfunction and    6/17/2010  [Insert Federal Register citation],   Establishes enforcement
                                         Diagnostic System                            6/16/2016.                            protocol for use by CARB to
                                         Requirements for 2010 and                                                          assure the engines certified
                                         Subsequent Model-Year Heavy-                                                       for sale in California are
                                         Duty Engines.                                                                      equipped with OBD systems
                                                                                                                            that properly function and
                                                                                                                            meet the applicable
                                                                                                                            regulatory requirements.
1976(c)...............................  Standards and Test Procedures     2/17/2007  [Insert Federal Register citation],   Test procedures.
                                         for Motor Vehicle Fuel                       6/16/2016.
                                         Evaporative Emissions.
1976(b)(1), (c), (f)(3) and (f)(4)....  Standards and Test Procedures      8/7/2012  [Insert Federal Register citation],   Fuel evaporative emission
                                         for Motor Vehicle Fuel                       6/16/2016.                            standards; test procedures;
                                         Evaporative Emissions.                                                             definitions.
1976(b)(1), (b)(1)(G)(3), (c).........  Standards and Test Procedures    12/31/2012  [Insert Federal Register citation],   Fuel evaporative emission
                                         for Motor Vehicle Fuel                       6/16/2016.                            standards; test procedures;
                                         Evaporative Emissions.                                                             definitions.
1978(a)(1), (b).......................  Standards and Test Procedures     12/4/2003  [Insert Federal Register citation],   Standards for vehicle
                                         for Vehicle Refueling                        6/16/2016.                            refueling for 1998 and
                                         Emissions.                                                                         subsequent model passenger
                                                                                                                            cars, LDT, and MDV less than
                                                                                                                            8,501 pounds.
1978(b)...............................  Standards and Test Procedures     2/17/2007  [Insert Federal Register citation],   Test procedures.
                                         for Vehicle Refueling                        6/16/2016.
                                         Emissions.
1978..................................  Standards and Test Procedures      8/7/2012  [Insert Federal Register citation],   Refueling emissions standards
                                         for Vehicle Refueling                        6/16/2016.                            for 1998 and subsequent
                                         Emissions.                                                                         model gasoline-fueled,
                                                                                                                            alcohol-fueled, diesel-
                                                                                                                            fueled, LPG-fueled, fuel-
                                                                                                                            flexible and hybrid electric
                                                                                                                            PC, LDT, and MDV up to 8,501
                                                                                                                            pounds, and similarly-fueled
                                                                                                                            2015 and subsequent year MDV
                                                                                                                            from 8,501 pounds to 14,000
                                                                                                                            pounds.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 6 (Emission Control Warranty
                                                                         System)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2037(g)...............................  Defects Warranty Requirements      8/7/2012  [Insert Federal Register citation],   Reporting requirements.
                                         for 1990 and Subsequent Model                6/16/2016.
                                         Passenger Cars, Light-Duty
                                         Trucks, Medium-Duty Vehicles,
                                         and Motor Vehicle Engines
                                         Used in Such Vehicles.
2038(c)(3)............................  Performance Warranty               8/7/2012  [Insert Federal Register citation],   Reporting requirements.
                                         Requirements for 1990 and                    6/16/2016.
                                         Subsequent Model Passenger
                                         Cars, Light-Duty Trucks, and
                                         Medium-Duty Vehicles, and
                                         Motor Vehicle Engines Used in
                                         Such Vehicles.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 1
                                                                 (Assembly-Line Testing)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2062..................................  Assembly-Line Procedures--1998     8/7/2012  [Insert Federal Register citation],   Assembly-line test
                                         and Subsequent Model Years.                  6/16/2016.                            procedures.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.1
                                            (Procedures for In-Use Vehicle Voluntary and Influenced Recalls)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2111(a)(1)............................  Applicability.................    8/15/2007  [Insert Federal Register citation],   Procedures apply to
                                                                                      6/16/2016.                            California-certified 1982
                                                                                                                            and subsequent model-year
                                                                                                                            passenger cars, light-duty
                                                                                                                            trucks, medium-duty
                                                                                                                            vehicles, heavy-duty
                                                                                                                            vehicles, motorcycles, and
                                                                                                                            1997 and subsequent model-
                                                                                                                            year off-road motorcycles
                                                                                                                            and all-terrain vehicles,
                                                                                                                            and 2007 and subsequent
                                                                                                                            model-year off-road sport
                                                                                                                            vehicles, off-road utility
                                                                                                                            vehicles, and sand cars.

[[Page 39438]]

 
2111(a)(4)............................  Applicability.................    8/16/2009  [Insert Federal Register citation],   Procedures apply to certain
                                                                                      6/16/2016.                            California-certified 2008
                                                                                                                            model year spark-ignition
                                                                                                                            sterndrive/inboard marine
                                                                                                                            engines with maximum rated
                                                                                                                            power less than or equal to
                                                                                                                            373 kilowatts, and all
                                                                                                                            California-certified 2009
                                                                                                                            and subsequent model-year
                                                                                                                            spark-ignition sterndrive/
                                                                                                                            inboard marine engines.
2112(l)(12)...........................  Definitions...................    8/15/2007  [Insert Federal Register citation],   Definition of ``useful life''
                                                                                      6/16/2016.                            for 1997 and subsequent
                                                                                                                            model year off-road
                                                                                                                            motorcycles, all-terrain
                                                                                                                            vehicles, and for 2007 and
                                                                                                                            subsequent model year off-
                                                                                                                            road sport vehicles, off-
                                                                                                                            road utility vehicles, sand
                                                                                                                            cars, and engines used in
                                                                                                                            such vehicles.
2112(l)(20), (l)(23)..................  Definitions...................    8/16/2009  [Insert Federal Register citation],   Definition of ``useful life''
                                                                                      6/16/2016.                            for certain types of
                                                                                                                            vehicles.
2112(b), (l)(9), (l)(18)..............  Definitions...................     8/7/2012  [Insert Federal Register citation],   Definition of ``correlation
                                                                                      6/16/2016.                            factor,'' and definition of
                                                                                                                            ``useful life'' for certain
                                                                                                                            types of vehicles.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.3
                                                      (In-Use Vehicle Enforcement Test Procedures)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2139(h)...............................  Testing.......................    8/16/2009  [Insert Federal Register citation],   Specifies in-use compliance
                                                                                      6/16/2016.                            tests for spark-ignition
                                                                                                                            sterndrive/inboard marine
                                                                                                                            engines.
2139(a), (b), (c)(2)..................  Testing.......................     8/7/2012  [Insert Federal Register citation],   Specifies in-use vehicle
                                                                                      6/16/2016.                            emission tests by CARB after
                                                                                                                            vehicles have been accepted
                                                                                                                            and restorative maintenance,
                                                                                                                            if any, has been performed.
2140(b)...............................  Notification and Use of Test       8/7/2012  [Insert Federal Register citation],   Notification and use
                                         Results.                                     6/16/2016.                            requirements once the in-use
                                                                                                                            emission tests have been
                                                                                                                            completed.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.4
                                           (Procedures for Reporting Failures of Emission-Related Components)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2145(b)(3)............................  Field Information Report......     8/7/2012  [Insert Federal Register citation],   Reporting requirements.
                                                                                      6/16/2016.
2147(b)...............................  Demonstration of Compliance       8/16/2009  [Insert Federal Register citation],   Applies the requirements to
                                         with Emissions Standards.                    6/16/2016.                            sterndrive/inboard marine
                                                                                                                            engines.
2147(b)(3)............................  Demonstration of Compliance        8/7/2012  [Insert Federal Register citation],   Testing requirements and
                                         with Emissions Standards.                    6/16/2016.                            selection of deterioration
                                                                                                                            factors.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 4.4 (Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2235..................................  Requirements..................     8/7/2012  [Insert Federal Register citation],   Requirements for 1977 and
                                                                                      6/16/2016.                            subsequent model gasoline-
                                                                                                                            fueled motor vehicles with
                                                                                                                            respect to fill pipes and
                                                                                                                            openings.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 5.1 (Standards for Fuels for Nonvehicular Sources)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2299.3................................  Airborne Toxic Control Measure     1/2/2009  [Insert Federal Register citation],   Requires that any person who
                                         for Auxiliary Diesel Engines                 6/16/2016.                            owns, operates, container
                                         Operated on Ocean-Going                                                            vessel, passenger vessel, or
                                         Vessels At-Berth in a                                                              refrigerated cargo vessel
                                         California Port.                                                                   that visits a California
                                                                                                                            port comply with section
                                                                                                                            93118.3 relating to the
                                                                                                                            operation of auxiliary
                                                                                                                            diesel engines on OGV at-
                                                                                                                            berth in a California port.
                                                                                                                            Also applies to any person
                                                                                                                            who owns or operates a port
                                                                                                                            or terminal located at a
                                                                                                                            California port where
                                                                                                                            container, passenger or
                                                                                                                            refrigerated cargo vessels
                                                                                                                            visit.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 1 (Small Off-
                                                                      Road Engines)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2401(a)(13), (36), (41) , (51), (52)..  Definitions...................     5/5/2010  [Insert Federal Register citation],   Definitions for ``eight-hour
                                                                                      6/16/2016.                            workday,'' ``professional
                                                                                                                            level,'' ``standard battery
                                                                                                                            package,'' ``zero-emission
                                                                                                                            equipment credits,'' and
                                                                                                                            ``zero-emission equipment
                                                                                                                            engine family.''

[[Page 39439]]

 
2403(b)(2), (b)(3), (b)(4), (d),        Exhaust Emission Standards and     5/5/2010  [Insert Federal Register citation],   Low-emitting blue sky series
 (e)(1).                                 Test Procedures--Small Off-                  6/16/2016.                            engine requirements,
                                         Road Engines.                                                                      evaporative emission
                                                                                                                            requirements, test
                                                                                                                            procedures.
2404(a)...............................  Emission Control Labels and      11/15/2006  [Insert Federal Register citation],   The requirements in section
                                         Consumer Information--1995                   6/16/2016.                            2404 recognize the certain
                                         and Later Small Off-Road                                                           emission-critical or
                                         Engines.                                                                           emission-related parts must
                                                                                                                            be properly identified and
                                                                                                                            maintained in order for
                                                                                                                            engines to meet the
                                                                                                                            applicable emissions
                                                                                                                            standards and that
                                                                                                                            information regarding
                                                                                                                            engines' emissions levels
                                                                                                                            may influence consumer
                                                                                                                            choice.
2404(m)(1), (m)(2), (m)(3)............  Emission Control Labels and        5/5/2010  [Insert Federal Register citation],   Zero-emission equipment label
                                         Consumer Information--1995                   6/16/2016.                            content and placement
                                         and Later Small Off-Road                                                           requirements.
                                         Engines.
2405(b)(1), (b)(2), (h)(1), (h)(2)....  Defects Warranty Requirements      5/5/2010  [Insert Federal Register citation],   Zero-emission equipment
                                         for 1995 and Later Small Off-                6/16/2016.                            warranty requirements.
                                         Road Engines.
2406(b)(1), (b)(2)....................  Emission Control System            5/5/2010  [Insert Federal Register citation],   Warranty contact requirement.
                                         Warranty Statement.                          6/16/2016.
2408(b)(2), (d)(4), (f)(1), (f)(3),     Emission Reduction Credits--       5/5/2010  [Insert Federal Register citation],   Limits on use of
 (f)(4), (f)(5), (g)(1)(E), (i)(3),      Certification Averaging,                     6/16/2016.                            certification emission
 (i)(7).                                 Banking, and Trading                                                               credits, certain reporting
                                         Provisions.                                                                        requirements.
2408.1................................  Emission Reduction Credits--       5/5/2010  [Insert Federal Register citation],   Applicability; general
                                         Zero-Emission Equipment                      6/16/2016.                            provisions; averaging,
                                         Credits Averaging, Banking,                                                        banking, and trading
                                         and Trading Provisions.                                                            provisions; credit
                                                                                                                            calculation and compliance
                                                                                                                            provisions; use of zero-
                                                                                                                            emission equipment credit;
                                                                                                                            recordkeeping and reporting.
2409(a), (b)(1), (b)(2), (b)(5),        Emission Reduction Credits--       5/5/2010  [Insert Federal Register citation],   Applicability; general
 (b)(6), (d)(3).                         Production Credit Program for                6/16/2016.                            provisions; certain banking
                                         New Engines.                                                                       provisions.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 3 (Off-Highway
                                                           Recreational Vehicles and Engines)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2411(a)(1), (a)(13), (a)(17), (a)(18),  Definitions...................    8/15/2007  [Insert Federal Register citation],   Definitions for ``all-terrain
 (a)(19).                                                                             6/16/2016.                            vehicle,'' off-highway
                                                                                                                            recreational vehicle
                                                                                                                            engines,'' ``off-road sport
                                                                                                                            vehicle,'' ``off-road
                                                                                                                            utility vehicle,'' ``sand
                                                                                                                            car.''
2412..................................  Emission Standards and Test       8/15/2007  [Insert Federal Register citation],   Exhaust and evaporative
                                         Procedures--New Off-Highway                  6/16/2016.                            emissions standards for off-
                                         Recreational Vehicles and                                                          highway recreational
                                         Engines.                                                                           vehicles and engines used in
                                                                                                                            such vehicles produced on or
                                                                                                                            after January 1, 1997 that
                                                                                                                            are sold, leased, used, or
                                                                                                                            introduced into commerce in
                                                                                                                            California; test procedures.
2413..................................  Emission Control Labels--New      8/15/2007  [Insert Federal Register citation],   Provisions related to
                                         Off-Highway Recreational                     6/16/2016.                            applicability, and label
                                         Vehicles.                                                                          content and location.
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4 (Off-Road
                                                       Compression-Ignition Engines and Equipment)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2420..................................  Applicability.................     1/6/2006  [Insert Federal Register citation],   Applies to new heavy-duty off-
                                                                                      6/16/2016.                            road CI engines produced on
                                                                                                                            or after January 1, 1996 and
                                                                                                                            all other new 2000 model
                                                                                                                            year and later off-road CI
                                                                                                                            engines, except those
                                                                                                                            covered by the preemption
                                                                                                                            provisions in CAA section
                                                                                                                            209(e)(1). Certification
                                                                                                                            required for new engines
                                                                                                                            subject to 13 CCR chapter 9,
                                                                                                                            article 4.
2421..................................  Definitions...................     1/6/2006  [Insert Federal Register citation],   Defined terms in addition to
                                                                                      6/16/2016.                            hose in 13 CCR Sec.
                                                                                                                            1900(b).
2423..................................  Exhaust Emission Standards and     1/6/2006  [Insert Federal Register citation],   Exhaust emissions standards
                                         Test Procedures--Off-Road                    6/16/2016.                            (tiers 1, 2, 3 and 4), upper
                                         Compression-Ignition Engines.                                                      limits for family emission
                                                                                                                            limits (tiers 1, 2, 3 and
                                                                                                                            4), low-emitting blue sky
                                                                                                                            series engine requirements,
                                                                                                                            crankcase emissions
                                                                                                                            provisions, early
                                                                                                                            certification provisions,
                                                                                                                            prohibition on defeat
                                                                                                                            devices, test procedures,
                                                                                                                            recordkeeping and compliance
                                                                                                                            calculations, economic
                                                                                                                            hardship provisions,
                                                                                                                            allowance for production of
                                                                                                                            engines, labeling
                                                                                                                            requirements,

[[Page 39440]]

 
2424..................................  Emission Control Labels--1996      1/6/2006  [Insert Federal Register citation],   Requirements on manufacturers
                                         and Later Off-Road                           6/16/2016.                            to affix a label on each
                                         Compression-Ignition Engines.                                                      production engine (or
                                                                                                                            equipment) to provide the
                                                                                                                            engine or equipment owner
                                                                                                                            and service mechanic with
                                                                                                                            information necessary for
                                                                                                                            the proper maintenance of
                                                                                                                            these parts in customer use.
2424(a)...............................  Emission Control Labels--1996    11/15/2006  [Insert Federal Register citation],   The requirements of section
                                         and Later Off-Road                           6/16/2016.                            2424 recognize that certain
                                         Compression-Ignition Engines.                                                      emissions-critical or
                                                                                                                            emissions-related parts must
                                                                                                                            be properly identified and
                                                                                                                            maintained in order for
                                                                                                                            engines to meet the
                                                                                                                            applicable emissions
                                                                                                                            standards.
2425..................................  Defects Warranty Requirements      1/6/2006  [Insert Federal Register citation],   Applies to new 1996-1999
                                         for 1996 and Later Off-Road                  6/16/2016.                            model year heavy-duty off-
                                         Compression-Ignition Engines.                                                      road CI engines and new 2000
                                                                                                                            and later model year CI
                                                                                                                            engines.
2425(e)...............................  Defects Warranty Requirements    11/15/2006  [Insert Federal Register citation],   Requirement on manufacturers
                                         for 1996 and Later Off-Road                  6/16/2016.                            to furnish with each new
                                         Compression-Ignition Engines.                                                      engine written instructions
                                                                                                                            for the maintenance and use
                                                                                                                            of the engine by the owner.
2425.1................................  Defect Investigation and           1/6/2006  [Insert Federal Register citation],   Applicability, general
                                         Reporting Requirements.                      6/16/2016.                            provisions, and
                                                                                                                            investigation and reporting
                                                                                                                            procedures.
2426..................................  Emission Control System            1/6/2006  [Insert Federal Register citation],   Requires manufacturers to
                                         Warranty Statement.                          6/16/2016.                            furnish a specific warranty
                                                                                                                            statements with each 1996-
                                                                                                                            1999 heavy-duty off-road CI
                                                                                                                            engine.
2427..................................  Production Engine Testing,         1/6/2006  [Insert Federal Register citation],   Compliance test procedures,
                                         Selection, Evaluation, and                   6/16/2016.                            quality-audit test
                                         Enforcement Action.                                                                procedures, selective
                                                                                                                            enforcement audit
                                                                                                                            requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.5 (Off-Road
                                                              Large Spark-Ignition Engines)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2430..................................  Applicability.................    5/12/2007  [Insert Federal Register citation],   Applies to LSI off-road
                                                                                      6/16/2016.                            engines 25 horsepower or
                                                                                                                            greater after 1/1/2001 and
                                                                                                                            all equipment and vehicles
                                                                                                                            after 1/1/2001 that use such
                                                                                                                            engines. On 1/1/2007,
                                                                                                                            applicability remains the
                                                                                                                            same but is defined in terms
                                                                                                                            of kW (i.e., 19 kW and
                                                                                                                            above).
2431(a), (a)(19), (a)(28).............  Definitions...................    5/12/2007  [Insert Federal Register citation],   Definitions of ``Family
                                                                                      6/16/2016.                            Emission Level or FEL'' and
                                                                                                                            ``Off-Road Large Spark-
                                                                                                                            Ignition Engines'' or ``LSI
                                                                                                                            Engines.''
2433..................................  Emission Standards and Test       5/12/2007  [Insert Federal Register citation],   New off-road LSI exhaust,
                                         Procedures--Off-Road Large                   6/16/2016.                            crankcase, and evaporative
                                         Spark Ignition Engines.                                                            emission standards and test
                                                                                                                            procedures.
2434(c)...............................  Emission Control Labels--2001     5/12/2007  [Insert Federal Register citation],   Label content and location
                                         and Later Off-Road Large                     6/16/2016.                            requirements.
                                         Spark-Ignition Engines.
2438(e)(7)............................  In-Use Compliance Program.....    5/12/2007  [Insert Federal Register citation],   Credit calculation.
                                                                                      6/16/2016.
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.7 (Spark-
                                                                Ignition Marine Engines)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2440(a)(3)............................  Applicability.................    8/16/2009  [Insert Federal Register citation],   Exemption for spark-ignition
                                                                                      6/16/2016.                            sterndrive/inboard marine
                                                                                                                            engines used solely for
                                                                                                                            competition.
2442(a)(1), (a)(2), (b), (c), (d),      Emissions Standards...........    8/16/2009  [Insert Federal Register citation],   Model year 2001 and later
 (e), (f), (g), (h).                                                                  6/16/2016.                            model year spark-ignition
                                                                                                                            personal watercraft and
                                                                                                                            outboard marine engines;
                                                                                                                            model year 2003 and later
                                                                                                                            model year spark-ignition
                                                                                                                            sterndrive/inboard marine
                                                                                                                            engines; Not-to-Exceed (NTE)
                                                                                                                            limits; voluntary standards;
                                                                                                                            new replacement engine
                                                                                                                            requirements for
                                                                                                                            manufacturers; test
                                                                                                                            equipment and test
                                                                                                                            procedures.
2443.1(b)(1), (c)(2)(B), (c)(4)(B),     Emission Control Labels--Model    8/16/2009  [Insert Federal Register citation],   Requirements related to
 (c)(4)(D), (c)(4)(G), (c)(4)(H),        Year 2001 and Later Spark-                   6/16/2016.                            emission control labels.
 (d)(4)(B).                              Ignition Marine Engines.
2443.2(b)(1), (c)(1), (c)(2), (e).....  Consumer/Environmental Label      8/16/2009  [Insert Federal Register citation],   Label requirements for
                                         Requirements.                                6/16/2016.                            certified model year 2001
                                                                                                                            and later spark-ignition
                                                                                                                            personal watercraft and
                                                                                                                            outboard marine engines and
                                                                                                                            certified model year 2003
                                                                                                                            and later spark-ignition
                                                                                                                            sterndrive/inboard engines.

[[Page 39441]]

 
2444.1(a), (b)(3)(B), (b)(3)(E),        In-Use Compliance Testing and     8/16/2009  [Insert Federal Register citation],   Recordkeeping and reporting
 (b)(3)(G), (e)(4)(A)(1. Through 10.),   Recall Regulations--Model                    6/16/2016.                            requirements.
 (e)(4)(B), (e)(4)(C)(1., 2., and 3.).   Year 2001 and Later Spark-
                                         Ignition Marine Engines.
2444.2................................  On-Board Engine Malfunction       8/16/2009  [Insert Federal Register citation],   General requirements;
                                         Detection System                             6/16/2016.                            monitoring requirements;
                                         Requirements--Model Year 2007                                                      additional audio/visual
                                         and Later Spark-Ignition                                                           alert device activation and
                                         Sterndrive/Inboard Marine                                                          diagnostic trouble code
                                         Engines.                                                                           storage protocol; tampering
                                                                                                                            protection; certification
                                                                                                                            documentation; testing,
                                                                                                                            standardization, and
                                                                                                                            implementation schedule.
2445.1(a), (c)(1), (c)(2), (c)(3),      Defects Warranty Requirements     8/16/2009  [Insert Federal Register citation],   Warranty requirements.
 (e)(10), (e)(11), (g)(2)(A).            for Model Year 2001 and Later                6/16/2016.
                                         Spark-Ignition Marine Engines.
2445.2(a).............................  Emission Control Warranty         8/16/2009  [Insert Federal Register citation],   Emission control warranty
                                         Statements.                                  6/16/2016.                            statement requirements.
2446(a), (b)(4)(B), (c)(1)(A),          2001 and Later Model Year         8/16/2009  [Insert Federal Register citation],   Applicability provision;
 (c)(1)(B), (c)(2)(A), (c)(3)(D),        Production-Line Test                         6/16/2016.                            certain quality-audit line
 (c)(3)(E), (d)(3)(D), (d)(5), (e).      Procedures and Selective                                                           test procedures for 2001 and
                                         Enforcement Auditing                                                               later model years; test
                                         Regulations for Spark-                                                             procedures; selective
                                         Ignition Marine Engines.                                                           enforcement auditing
                                                                                                                            regulations.
2447..................................  California Exhaust Emission       8/16/2009  [Insert Federal Register citation],   Certain test procedures are
                                         Standards and Test Procedures                6/16/2016.                            incorporated by reference.
                                         for 2001 Model Year and Later
                                         Spark-Ignition Marine Engines.
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.8 (In-Use
                                                             Off-Road Diesel-Fueled Fleets)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2449, excluding (d)(2)................  General Requirements for In-     12/14/2011  [Insert Federal Register citation],   Applicability, definitions,
                                         Use Off-Road Diesel-Fueled                   6/16/2016.                            performance requirements
                                         Fleets.                                                                            (different requirements
                                                                                                                            apply to large, medium and
                                                                                                                            small fleets), compliance
                                                                                                                            date extension provision,
                                                                                                                            labeling requirements,
                                                                                                                            reporting and recordkeeping
                                                                                                                            requirements. Excluded
                                                                                                                            subsection relates to idling
                                                                                                                            limits.
2449.1................................  Performance Requirements......   12/14/2011  [Insert Federal Register citation],   Establishes fleet average
                                                                                      6/16/2016.                            requirements and compliance
                                                                                                                            dates, BACT provisions,
                                                                                                                            credit provisions.
2449.2, excluding (f)(4)..............  Surplus Off-Road Opt-In for      12/14/2011  [Insert Federal Register citation],   Purpose is to achieve
                                         NOX (SOON) Program.                          6/16/2016.                            additional reductions of NOX
                                                                                                                            from in-use off-road diesel-
                                                                                                                            fueled vehicles beyond those
                                                                                                                            achieved through
                                                                                                                            implementation of the
                                                                                                                            requirements in 13 CCR Sec.
                                                                                                                            Sec.   2449 and 2449.1.
                                                                                                                            Applicability, definitions,
                                                                                                                            requirements, SOON targets,
                                                                                                                            local air district opt-in
                                                                                                                            provisions.
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 5 (Portable
                                                           Engine and Equipment Registration)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2451..................................  Applicability.................   09/12/2007  [Insert Federal Register citation],   Voluntary registration
                                                                                      6/16/2016.                            program for owners or
                                                                                                                            portable engines or
                                                                                                                            equipment units, with
                                                                                                                            certain exceptions. If not
                                                                                                                            registered under this
                                                                                                                            program, the engine or
                                                                                                                            equipment units shall be
                                                                                                                            subject to district
                                                                                                                            permitting requirements
                                                                                                                            pursuant to district
                                                                                                                            regulations.
2452..................................  Definitions...................   09/12/2007  [Insert Federal Register citation],   Definitions that apply to the
                                                                                      6/16/2016.                            portable engine and
                                                                                                                            equipment registration
                                                                                                                            regulations.
2453..................................  Application Process...........   09/12/2007  [Insert Federal Register citation],   To be considered for
                                                                                      6/16/2016.                            registration, portable
                                                                                                                            engines or equipment units
                                                                                                                            must meet the requirements
                                                                                                                            in article 5, including the
                                                                                                                            application-related
                                                                                                                            requirements in this
                                                                                                                            section.
2455, excluding (a) and (b)...........  General Requirements..........   09/12/2007  [Insert Federal Register citation],   Provisions related to
                                                                                      6/16/2016.                            operation of portable
                                                                                                                            engines and equipment units
                                                                                                                            during emergency events; PSD
                                                                                                                            notification requirements if
                                                                                                                            the registered equipment
                                                                                                                            unit operates at a major
                                                                                                                            stationary source. Excluded
                                                                                                                            subsections relate to
                                                                                                                            attainment or maintenance of
                                                                                                                            ambient air quality
                                                                                                                            standards, nuisance, and
                                                                                                                            opacity.

[[Page 39442]]

 
2456, excluding (a), (d)(3), (d)(5),    Engine Requirements...........   09/12/2007  [Insert Federal Register citation],   Various requirements
 and (d)(6).                                                                          6/16/2016.                            specified for different
                                                                                                                            categories of engines.
                                                                                                                            Excluded subsections relate
                                                                                                                            to opacity limits, fuel
                                                                                                                            specifications, and daily
                                                                                                                            and annual mass (per engine)
                                                                                                                            limits.
2458..................................  Recordkeeping and Reporting...   09/12/2007  [Insert Federal Register citation],   Recordkeeping and reporting
                                                                                      6/16/2016.                            requirements for owners of
                                                                                                                            registered portable engines
                                                                                                                            and equipment units.
2459..................................  Notification..................   09/12/2007  [Insert Federal Register citation],   In most instances, if a
                                                                                      6/16/2016.                            registered equipment unit
                                                                                                                            will be at a location for
                                                                                                                            more than five days, the
                                                                                                                            owner or operator of that
                                                                                                                            equipment must notify the
                                                                                                                            district in writing.
2460..................................  Inspections and Testing.......   09/12/2007  [Insert Federal Register citation],   Authorization for CARB to
                                                                                      6/16/2016.                            conduct testing both before
                                                                                                                            and after registration in
                                                                                                                            the program. Districts must
                                                                                                                            inspect all register engines
                                                                                                                            and equipment units for
                                                                                                                            which the district has been
                                                                                                                            designated as the home
                                                                                                                            district. Test methods are
                                                                                                                            specified.
2461..................................  Fees..........................   09/12/2007  [Insert Federal Register citation],   Provisions establishing fees
                                                                                      6/16/2016.                            for registration, renewal,
                                                                                                                            and associated
                                                                                                                            administrative tasks.
2462..................................  Duration of Registration......   09/12/2007  [Insert Federal Register citation],   Registrations and renewal are
                                                                                      6/16/2016.                            generally valid for three
                                                                                                                            years from the date of
                                                                                                                            issuance.
--------------------------------------------------------------------------------------------------------------------------------------------------------
       Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 7
                               (Certification Procedures for Aftermarket Parts for Off-Road Vehicles, Engines, Equipment)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2474(e), (i)(1).......................  Add-On Parts and Modified        08/16/2009  [Insert Federal Register citation],   Incorporation of procedures
                                         Parts.                                       6/16/2016.                            for exemptions of add-on and
                                                                                                                            modified parts for off-road
                                                                                                                            categories.
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 8 (Off-Road
                                                            Airborne Toxic Control Measures)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2477..................................  Airborne Toxic Control Measure     3/7/2011  [Insert Federal Register citation],   Regulation applies, with
                                         for In-Use Diesel-Fueled                     6/16/2016.                            certain exceptions, to
                                         Transport Refrigeration Units                                                      owners and operators of
                                         (TRU) and TRU Generator Sets,                                                      diesel fueled TRUs and TRU
                                         and Facilities Where TRUs                                                          generator sets used to power
                                         Operate.                                                                           electrically drive
                                                                                                                            refrigerated shipping
                                                                                                                            containers and trailers that
                                                                                                                            are operated in California;
                                                                                                                            definitions; in-use
                                                                                                                            performance standards; in-
                                                                                                                            use compliance dates;
                                                                                                                            monitoring, recordkeeping
                                                                                                                            and reporting requirements;
                                                                                                                            prohibitions; penalties.
2479, excluding (e)(2) and (e)(4).....  Regulation for Mobile Cargo      12/31/2006  [Insert Federal Register citation],   Applies to any person who
                                         Handling Equipment at Ports                  6/16/2016.                            conducts business in
                                         and Intermodal Rail Yards.                                                         California who sells, offers
                                                                                                                            for sale, leases, rents,
                                                                                                                            purchases, owns or operates
                                                                                                                            any CI mobile cargo handling
                                                                                                                            equipment that operates at
                                                                                                                            any California port or
                                                                                                                            intermodal rail yard.
                                                                                                                            Includes exemptions,
                                                                                                                            definitions, performance
                                                                                                                            standards for newly
                                                                                                                            purchased leased or rented
                                                                                                                            yard trucks and non-yard
                                                                                                                            truck cargo handling
                                                                                                                            equipment, provisions for
                                                                                                                            compliance extensions and
                                                                                                                            alternative compliance
                                                                                                                            plans, recordkeeping and
                                                                                                                            reporting requirements, test
                                                                                                                            methods. Excluded
                                                                                                                            subsections relate to in-use
                                                                                                                            performance standards for
                                                                                                                            yard trucks, and fuel
                                                                                                                            requirements.
2479(a), (b), (c), (d), (e)(1),         Regulation for Mobile Cargo      10/14/2012  [Insert Federal Register citation],   Amendments to exemptions,
 (e)(3), (e)(5), (f)(1), (f)(2),         Handling Equipment at Ports                  6/16/2016.                            definitions, performance
 (f)(3), (f)(6), (h)(1), (i), (j)(1),    and Intermodal Rail Yards.                                                         standards for newly
 (j)(2), (j)(3), (k), (l), (m), (n),                                                                                        purchased leased or rented
 (o), (p), (q), (r).                                                                                                        equipment and in-use
                                                                                                                            performance standards for
                                                                                                                            non-yard truck mobile CHE,
                                                                                                                            provisions for compliance
                                                                                                                            extensions and alternative
                                                                                                                            compliance plans,
                                                                                                                            recordkeeping and reporting
                                                                                                                            requirements, test methods.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 39443]]

 
        Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 10 (Mobile Source Operational Controls), Article 1 (Motor Vehicles)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2485, excluding (c)(1)(A), (c)(1)(B),   Airborne Toxic Control Measure   11/15/2006  [Insert Federal Register citation],   Establishes requirements to
 (c)(3)(B).                              to Limit Diesel-Fueled                       6/16/2016.                            reduce emissions from idling
                                         Commercial Motor Vehicle                                                           of diesel-fueled commercial
                                         Idling.                                                                            motor vehicles that operate
                                                                                                                            in California with gross
                                                                                                                            vehicle weight ratings
                                                                                                                            greater than 10,000 pounds;
                                                                                                                            exceptions; enforcement and
                                                                                                                            penalty provisions;
                                                                                                                            definitions. Excluded
                                                                                                                            subsections relate to idling
                                                                                                                            restrictions on drivers and
                                                                                                                            a fuel-fired heater
                                                                                                                            provision.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
   Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and Engines Pollution Control Requirements),
                                            Article 2 (Large Spark Ignition (LSI) Engines Fleet Requirements)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2775..................................  Applicability.................    5/12/2007  [Insert Federal Register citation],   Applies to operators of
                                                                                      6/16/2016.                            certain off-road LSI engine
                                                                                                                            forklifts, sweepers/
                                                                                                                            scrubbers, industrial tow
                                                                                                                            tractors or airport ground
                                                                                                                            support equipment operated
                                                                                                                            within the State of
                                                                                                                            California. Exemptions
                                                                                                                            provided for small fleets
                                                                                                                            and certain other equipment.
                                                                                                                            Includes definitions.
2775.1................................  Standards.....................    5/12/2007  [Insert Federal Register citation],   Establishes fleet average
                                                                                      6/16/2016.                            emission level standards
                                                                                                                            with certain exceptions.
2775.2................................  Compliance Requirements for       5/12/2007  [Insert Federal Register citation],   Compliance and recordkeeping
                                         Fleet Operators.                             6/16/2016.                            requirements, provisions for
                                                                                                                            extensions in compliance
                                                                                                                            dates.
 
                                                                      * * * * * * *
93116.................................  Purpose.......................    3/11/2005  [Insert Federal Register citation],   Purpose is to reduce diesel
                                                                                      6/16/2016.                            particulate matter emissions
                                                                                                                            from portable diesel-fueled
                                                                                                                            engines having a rated brake
                                                                                                                            horsepower of 50 and
                                                                                                                            greater.
93116.1...............................  Applicability.................    3/11/2005  [Insert Federal Register citation],   Applies to all portable
                                                                                      6/16/2016.                            engines having a maximum
                                                                                                                            rated horse horsepower of 50
                                                                                                                            bhp and greater and fueled
                                                                                                                            with diesel unless exempted
                                                                                                                            under (b).
93116.2...............................  Definitions...................    3/11/2005  [Insert Federal Register citation],   Defines specific terms used
                                                                                      6/16/2016.                            in the regulation.
93116.3, excluding (a)................  Requirements..................    3/11/2005  [Insert Federal Register citation],   Diesel PM standards for in-
                                                                                      6/16/2016.                            use portable diesel-fueled
                                                                                                                            engines; different
                                                                                                                            requirements apply to such
                                                                                                                            engines not permitted or
                                                                                                                            registered prior to January
                                                                                                                            1, 2006; fleet requirements
                                                                                                                            (for subject engines
                                                                                                                            operated in California),
                                                                                                                            fleet average calculation
                                                                                                                            provisions. Excluded
                                                                                                                            subsection relates to fuel
                                                                                                                            requirements.
93116.4...............................  Fleet Recordkeeping and           3/11/2005  [Insert Federal Register citation],   Fleet recordkeeping and
                                         Reporting Requirements.                      6/16/2016.                            reporting requirements.
93116.5...............................  Enforcement of Fleet              3/11/2005  [Insert Federal Register citation],   Authority to review and seek
                                         Requirements.                                6/16/2016.                            enforcement action for
                                                                                                                            violation of the fleet
                                                                                                                            emission standard.
93118.3...............................  Airborne Toxic Control Measure     1/2/2009  [Insert Federal Register citation],   Applicability, exemptions,
                                         for Auxiliary Diesel Engines                 6/16/2016.                            definitions, vessel in-use
                                         Operated on Ocean-Going                                                            operational requirements,
                                         Vessels At-Berth in a                                                              calculation procedures for
                                         California Port.                                                                   certain options, terminal
                                                                                                                            plan requirements, reporting
                                                                                                                            and recordkeeping
                                                                                                                            requirements.
93118.5, excluding (e)(1).............  Airborne Toxic Control Measure   11/19/2008  [Insert Federal Register citation],   Applicability, exemptions,
                                         for Commercial Harbor Craft.                 6/16/2016.                            definitions, engine emission
                                                                                                                            requirements, alternative
                                                                                                                            control provisions,
                                                                                                                            recordkeeping and reporting
                                                                                                                            requirements, test methods.
                                                                                                                            Excluded subsection relates
                                                                                                                            to the low sulfur fuel use
                                                                                                                            requirement.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists
  approved California test procedures, test methods and specifications that are cited in certain regulations listed in Table 1. Approved California
  statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e).


[[Page 39444]]


               Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications
----------------------------------------------------------------------------------------------------------------
                                               State
              Title/subject               effective date       EPA approval date        Additional  explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
California Exhaust Emission Standards          12/4/2003  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2001 and                          citation], 6/16/2016.       August 14, 2015.
 Subsequent Model Passenger Cars, Light-
 Duty Trucks and Medium-Duty Vehicles,
 as last amended September 5, 2003.
California Motor Vehicle Emission              12/4/2003  [Insert Federal Register    Submitted by CARB on
 Control and Smog Index Label                              citation], 6/16/2016.       August 14, 2015.\
 Specifications for 1978 through 2003
 Model Year Motorcycles, Light-, Medium-
 and Heavy-Duty Engines and Vehicles,''
 as last amended September 5, 2003.
California Smog Index Label                    12/4/2003  [Insert Federal Register    Submitted by CARB on
 Specifications for 2004 and Subsequent                    citation], 6/16/2016.       August 14, 2015.
 Model Passenger Cars and Light-Duty
 Trucks,'' adopted September 5, 2003.
California Refueling Emission Standards        12/4/2003  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2001 and                          citation], 6/16/2016.       August 14, 2015.
 Subsequent Model Motor Vehicles, as
 last amended September 5, 2003.
California Evaporative Emission                2/17/2007  [Insert Federal Register    Submitted by CARB on
 Standards and Test Procedures for 2001                    citation], 6/16/2016.       August 14, 2015.
 and Subsequent Model Motor Vehicles, as
 amended June 22, 2006.
California Refueling Emission Standards        2/17/2007  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2001 and                          citation], 6/16/2016.       August 14, 2015.
 Subsequent Model Motor Vehicles, as
 last amended June 22, 2006.
California Exhaust Emission Standards          2/17/2007  [Insert Federal Register    Submitted by CARB on
 Test Procedures for 2001 and Subsequent                   citation], 6/16/2016.       August 14, 2015.
 Model Passenger Cars, Light-Duty
 Trucks, and Medium-Duty Vehicles, as
 last amended June 22, 2006.
California Exhaust Emission Standards           8/7/2012  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2004 and                          citation], 6/16/2016.       August 14, 2015.
 Subsequent Model Heavy-Duty Diesel
 Engines and Vehicles, as last amended
 March 22, 2012.
California Exhaust Emission Standards           8/7/2012  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2004 and                          citation], 6/16/2016.       August 14, 2015.
 Subsequent Model Heavy-Duty Otto-Cycle
 Engines, as last amended March 22, 2012.
California Non-Methane Organic Gas Test         8/7/2012  [Insert Federal Register    Submitted by CARB on
 Procedures, as last amended March 22,                     citation], 6/16/2016.       August 14, 2015.
 2012.
California 2001 through 2014 Model              8/7/2012  [Insert Federal Register    Submitted by CARB on
 Criteria Pollutant Exhaust Emission                       citation], 6/16/2016.       August 14, 2015.
 Standards and Test Procedures and 2009
 through 2016 Model Greenhouse Gas
 Exhaust Emission Standards and Test
 Procedures for Passenger Cars, Light-
 Duty Trucks, and Medium-Duty Vehicles,
 as last amended March 22, 2012,
 excluding GHG-related provisions.
California Environmental Performance            8/7/2012  [Insert Federal Register    Submitted by CARB on
 Label Specifications for 2009 and                         citation], 6/16/2016.       August 14, 2015.
 Subsequent Model Year Passenger Cars,
 Light-Duty Trucks, and Medium-Duty
 Passenger Vehicles, as last amended
 March 22, 2012.
California Evaporative Emission                 8/7/2012  [Insert Federal Register    Submitted by CARB on
 Standards and Test Procedures for 2001                    citation], 6/16/2016.       August 14, 2015.
 and Subsequent Model Motor Vehicles, as
 last amended March 22, 2012.
California Refueling Emission Standards         8/7/2012  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2001 and                          citation], 6/16/2016.       August 14, 2015.
 Subsequent Model Motor Vehicles, as
 last amended March 22, 2012.
Specifications for Fill Pipes and               8/7/2012  [Insert Federal Register    Submitted by CARB on
 Openings of 1977 through 2014 Model                       citation], 6/16/2016.       August 14, 2015.
 Motor Vehicle Fuel Tanks, as last
 amended March 22, 2012.
Specifications for Fill Pipes and               8/7/2012  [Insert Federal Register    Submitted by CARB on
 Openings of 2015 and Subsequent Model                     citation], 6/16/2016.       August 14, 2015.
 Motor Vehicle Fuel Tanks, adopted March
 22, 2012.
California 2015 and Subsequent Model            8/7/2012  [Insert Federal Register    Submitted by CARB on
 Criteria Pollutant Exhaust Emission                       citation], 6/16/2016.       August 14, 2015.
 Standards and Test Procedures and 2017
 and Subsequent Model Greenhouse Gas
 Exhaust Emission Standards and Test
 Procedures for Passenger Cars, Light-
 Duty Trucks, and Medium-Duty Vehicles,
 adopted March 22, 2012, excluding GHG-
 related provisions.
California Exhaust Emission Standards           8/7/2012  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2009 through                      citation], 6/16/2016.       August 14, 2015.
 2017 Model Zero-Emission Vehicles and
 Hybrid Electric Vehicles, in the
 Passenger Car, Light-Duty Truck, and
 Medium-Duty Vehicle Classes, as last
 amended March 22, 2012, excluding GHG-
 related provisions.

[[Page 39445]]

 
California Exhaust Emission Standards           8/7/2012  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2018 and                          citation], 6/16/2016.       August 14, 2015.
 Subsequent Model Zero-Emission Vehicles
 and Hybrid Electric Vehicles, in the
 Passenger Car, Light-Duty Truck, and
 Medium-Duty Vehicle Classes, adopted
 March 22, 2012, excluding GHG-related
 provisions.
California 2015 and Subsequent Model          12/31/2012  [Insert Federal Register    Submitted by CARB on
 Criteria Pollutant Exhaust Emission                       citation], 6/16/2016.       August 14, 2015.
 Standards and Test Procedures and 2017
 and Subsequent Model Greenhouse Gas
 Exhaust Emission Standards and Test
 Procedures for Passenger Cars, Light-
 Duty Trucks, and Medium-Duty Vehicles,
 as last amended December 6, 2012,
 excluding GHG-related provisions.
California 2001 through 2014 Model            12/31/2012  [Insert Federal Register    Submitted by CARB on
 Criteria Pollutant Exhaust Emission                       citation], 6/16/2016.       August 14, 2015.
 Standards and Test Procedures and 2009
 through 2016 Model Greenhouse Gas
 Exhaust Emission standards and Test
 Procedures for Passenger Cars, Light-
 Duty Trucks, and Medium-Duty Vehicles,
 as last amended December 6, 2012,
 excluding GHG-related provisions.
California Non-Methane Organic Gas Test       12/31/2012  [Insert Federal Register    Submitted by CARB on
 Procedures, as last amended December 6,                   citation], 6/16/2016.       August 14, 2015.
 2012.
California Evaporative Emission               12/31/2012  [Insert Federal Register    Submitted by CARB on
 Standards and Test Procedures for 2001                    citation], 6/16/2016.       August 14, 2015.
 and Subsequent Model Motor Vehicles, as
 last amended December 6, 2012.
California Exhaust Emission Standards         12/31/2012  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2004 and                          citation], 6/16/2016.       August 14, 2015.
 Subsequent Model Heavy-Duty Otto-Cycle
 Engines, as last amended December 6,
 2012.
California Exhaust Emission Standards         12/31/2012  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2004 and                          citation], 6/16/2016.       August 14, 2015.
 Subsequent Model Heavy-Duty Diesel
 Engines and Vehicles, as last amended
 December 6, 2012.
California Exhaust Emission Standards         12/31/2012  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2009 through                      citation], 6/16/2016.       August 14, 2015.
 2017 Model Zero-Emission Vehicles and
 Hybrid Electric Vehicles, in the
 Passenger Car, Light-Duty Truck, and
 Medium-Duty Vehicle Classes, as last
 amended December 6, 2012.
California Exhaust Emission Standards         12/31/2012  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2018 and                          citation], 6/16/2016.       August 14, 2015.
 Subsequent Model Zero-Emission Vehicles
 and Hybrid Vehicles, in the Passenger
 Car, Light-Duty Truck, and Medium-Duty
 Vehicle Classes, adopted December 6,
 2012, excluding GHG-related provisions.
California Exhaust Emission Standards          12/4/2003  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2004 and                          citation], 6/16/2016.       August 14, 2015.
 Subsequent Model Heavy-Duty Otto-cycle
 Engines, as last amended December 12,
 2002.
California Exhaust Emission Standards         11/17/2002  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 1985 and                          citation], 6/16/2016.       August 14, 2015.
 Subsequent Model Heavy-Duty Diesel
 Engines and Vehicles, as last amended
 October 25, 2001.
California Motor Vehicle Emission             11/22/1999  [Insert Federal Register    Submitted by CARB on
 Control and Smog Index Label                              citation], 6/16/2016.       August 14, 2015.
 Specifications, as last amended October
 22, 1999.
California Exhaust Emission Standards         11/15/2006  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2004 and                          citation], 6/16/2016.       August 14, 2015.
 Subsequent Model Heavy-Duty Diesel
 Engines, as last amended September 1,
 2006.
California Exhaust Emission Standards          5/12/2007  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for New 2001                          citation], 6/16/2016.       August 14, 2015.
 through 2006 Off-Road Large Spark-
 Ignition Engines, Parts I and II,
 adopted September 1, 1999 and as last
 amended March 2, 2007.
California Exhaust and Evaporative             5/12/2007  [Insert Federal Register    Submitted by CARB on
 Emission Standards and Test Procedures                    citation], 6/16/2016.       August 14, 2015.
 for 2007 through 2009 Off-Road Large
 Spark-Ignition Engines, (2007-2009 Test
 Procedure 1048), adopted March 2, 2007.
California Exhaust and Evaporative             5/12/2007  [Insert Federal Register    Submitted by CARB on
 Emission Standards and Test Procedures                    citation], 6/16/2016.       August 14, 2015.
 for New 2010 and Later Off-Road Large
 Spark-Ignition Engines, (2010 and Later
 Test Procedure 1048), adopted March 2,
 2007.
California Exhaust and Evaporative             5/12/2007  [Insert Federal Register    Submitted by CARB on
 Emission Standards and Test Procedures                    citation], 6/16/2016.       August 14, 2015.
 for New 2007 and Later Off-Road Large
 Spark-Ignition Engines (Test Procedures
 1065 and 1068), adopted March 2, 2007.
California Exhaust Emission Standards           5/5/2010  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2005 and Later                    citation], 6/16/2016.       August 14, 2015.
 Small Off-Road Engines, as last amended
 February 24, 2010.

[[Page 39446]]

 
California Exhaust Emission Standards           1/6/2006  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for New 2000 and                      citation], 6/16/2016.       August 14, 2015.
 Later Tier 1, Tier 2, and Tier 3 Off-
 Road Compression-Ignition Engines, Part
 I-B, adopted January 28, 2000 and as
 last amended October 20, 2005.
California Exhaust Emission Standards           1/6/2006  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for New 1996 and                      citation], 6/16/2016.       August 14, 2015.
 Later Tier 1, Tier 2, and Tier 3 Off-
 Road Compression-Ignition Engines, Part
 II, adopted May 12, 1993 and as last
 amended October 20, 2005.
California Exhaust Emission Standards           1/6/2006  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for New 2008 and                      citation], 6/16/2016.       August 14, 2015.
 Later Tier 4 Off-Road Compression-
 Ignition Engines, Part I-C, adopted
 October 20, 2005.
California Exhaust Emission Standards          8/16/2009  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2001 Model Year                   citation], 6/16/2016.       August 14, 2015.
 and Later Spark-Ignition Marine
 Engines, as last amended June 5, 2009.
Procedures for Exemption of Add-On and         8/16/2009  [Insert Federal Register    Submitted by CARB on
 Modified Parts for Off-Road Categories,                   citation], 6/16/2016.       August 14, 2015.
 as last amended June 5, 2009.
California Exhaust Emissions Standards         8/15/2007  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 1997 and Later                    citation], 6/16/2016.       August 14, 2015.
 Off-Highway Recreational Vehicles, and
 Engines, as last amended August 15,
 2007.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-13941 Filed 6-15-16; 8:45 am]
 BILLING CODE 6560-50-P

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