Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations, 14446-14458 [2017-05059]

Download as PDF 14446 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations EPA APPROVED NONREGULATORY PROVISIONS AND QUASI–REGULATORY MEASURES IN THE TEXAS SIP Name of SIP provision Applicable geographic or nonattainment area * * Second 10-year Carbon Monoxide maintenance plan (limited maintenance plan) for the El Paso CO area. * El Paso, TX ....... * * * * * [FR Doc. 2017–05379 Filed 3–20–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2017–0043; FRL–9959–00– Region 9] Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the California State Implementation Plan (SIP) consisting of state regulations establishing standards and other requirements relating to the control of emissions from new on-road and new and in-use off-road vehicles and engines. The EPA is approving the SIP revision because the regulations meet the applicable requirements of the Clean Air Act. Approval of the regulations as part of the California SIP makes them federally enforceable. DATES: This rule is effective on May 22, 2017 without further notice, unless the EPA receives adverse comments by April 20, 2017. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2017–0043 at https:// www.regulations.gov, or via email to John Ungvarsky, at Ungvarsky.John@ epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit pmangrum on DSK4SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:26 Mar 20, 2017 Jkt 241001 State submittal/ effective date 9/21/2016 EPA approval date * * 3/21/2017 [Insert Federal Register citation]. electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: John Ungvarsky, EPA Region IX, (415) 972– 3963, ungvarsky.john@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Background II. The State’s Submittal A. What regulations did the state submit? B. Are there other versions of these regulations? C. What is the purpose of the submitted regulations? D. What requirements do the regulations establish? III. EPA’s Evaluation and Final Action A. How is the EPA evaluating the regulations? B. Do the state regulations meet CAA SIP evaluation criteria? C. Final Action and Public Comment. IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background Under the Clean Air Act (CAA or ‘‘Act’’), the EPA establishes national ambient air quality standards (NAAQS) to protect public health and welfare, and has established such ambient standards for a number of pervasive air pollutants including ozone, carbon PO 00000 Frm 00028 Comments Fmt 4700 Sfmt 4700 * * monoxide, nitrogen dioxide, sulfur dioxide, lead and particulate matter. Under section 110(a)(1) of the CAA, states must submit plans that provide for the implementation, maintenance, and enforcement of the NAAQS within each state. Such plans are referred to as SIPs and revisions to those plans are referred to as SIP revisions. Section 110(a)(2) of the CAA sets forth the content requirements for SIPs. Among the various requirements, SIPs must include enforceable emission limitations and other control measures, means, or techniques as may be necessary or appropriate to meet the applicable requirements of the CAA. See CAA section 110(a)(2)(a). As a general matter, the CAA assigns mobile source regulation to the EPA through title II of the Act and assigns stationary source regulation and SIP development responsibilities to the states through title I of the Act. In so doing, the CAA preempts various types of state regulation of mobile sources as set forth in section 209(a) (preemption of state emissions standards for new motor vehicles and engines), section 209(e) (preemption of state emissions standards for new and in-use off-road vehicles and engines),1 and section 211(c)(4)(A) [preemption of state fuel requirements for motor vehicle emission control, i.e., other than California’s motor vehicle fuel requirements for motor vehicle emission control—see section 211(c)(4)(B)]. For certain types of mobile source emission standards, the State of California may request a waiver (for motor vehicles) or authorization (for off-road engines and equipment) for standards relating to the control of emissions and accompanying enforcement procedures. See CAA sections 209(b) (new motor vehicles) and 209(e)(2) (most categories of new and in-use off-road vehicles). 1 EPA regulations refer to ‘‘nonroad’’ vehicles and engines whereas California regulations refer to ‘‘offroad’’ vehicles and engines. These terms refer to the same types of vehicles and engines, and for the purposes of this action, we will be using the state’s chosen term, ‘‘off-road,’’ to refer to such vehicles and engines. E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations Over the years, the California Air Resources Board (CARB) has submitted many requests for waiver or authorization of its standards and other requirements relating to the control of emissions from new on-road and new and in-use off-road vehicles and engines, and the EPA has granted many such requests. For example, the EPA has granted waivers for CARB’s Low Emission Vehicle (LEV III) criteria pollutant standards for light- and medium-duty vehicles, and has authorized emissions standards for offroad vehicle categories. See, e.g., 78 FR 2112 (January 9, 2013) (Advanced Clean Cars) and 80 FR 76468 (December 9, 2015) (Off-Road Large Spark-Ignition Engines). Also over the years, CARB has submitted, and the EPA has approved, many local or regional California air district rules regulating stationary source emissions as part of the California SIP. See generally 40 CFR 52.220(c). With respect to mobile sources in general, California has submitted, and the EPA has approved, certain specific state regulatory programs, such as the in-use, heavyduty, diesel-fueled truck rule, various fuels regulations, and the vehicle inspection and maintenance program (I/M, also known as ‘‘smog check’’). See, e.g., 77 FR 20308 (April 4, 2012) (in-use truck and bus regulation), 75 FR 26653 (May 12, 2010) (revisions to California on-road reformulated gasoline and diesel fuel regulations) and 75 FR 38023 (July 1, 2010) (revisions to California motor vehicle I/M program). California relies on these local, regional, and state stationary and mobile source regulations to meet various CAA requirements and includes the corresponding emissions reductions in the various regional air quality plans developed to attain and maintain the NAAQS. The EPA generally allows California to take credit for the corresponding emissions reductions relied upon in the various regional air quality plans because, among other reasons, the regulations are approved as part of the SIP and are thereby federally enforceable as required under CAA section 110(a)(2)(A). However, California also relies on emissions reductions from the regulations for which the EPA has previously granted waivers or authorizations, and historically, the EPA has approved regional air quality plans that take credit for emissions reductions from such regulations, notwithstanding the fact that California has not submitted these particular regulations as part of the California SIP. The EPA’s longstanding practice of approving California plans that rely on emissions reductions from such ‘‘waiver measures,’’ notwithstanding the lack of approval as part of the SIP, was challenged in several petitions filed in the Ninth Circuit Court of Appeals. In a 2015 decision, the Ninth Circuit held in favor of the petitioners on this issue and concluded that CAA section 110(a)(2)(A) requires that all state and local control measures on which SIPs rely to attain the NAAQS be included in the SIP and thereby subject to enforcement by the EPA and members of the general public. See Committee for a Better Arvin v EPA, 786 F.3d 1169 (9th Cir. 2015). In response to the decision in Committee for a Better Arvin v. EPA, CARB submitted SIP revisions on August 14, 2015, and December 7, 2016, consisting of state mobile source regulations that establish standards and 14447 other requirements for the control of emissions from various new on-road and new and in-use off-road vehicles and engines for which the EPA has issued waivers or authorizations and that are relied upon by California regional plans to attain and maintain the NAAQS. The EPA finalized its approval of CARB’s August 14, 2015 submittal at 81 FR 39424 (June 16, 2016). In today’s action, the EPA is finalizing CARB’s December 7, 2016 SIP revision submittal. II. The State’s Submittal A. What regulations did the state submit? On December 7, 2016, CARB submitted a SIP revision that included a set of state mobile source regulations for which waivers or authorizations have been granted by the EPA under section 209 of the CAA since August 2015. The SIP revision consists of the regulations themselves and documentation of the public process conducted by CARB in approving the regulations as part of the California SIP. Table 1 below presents the contents of the SIP revision by mobile source category and provides, for each such category, a listing of the relevant sections of the California Code of Regulations (CCR) that establish standards and other requirements for control of emissions from new or in-use vehicles or engines; the corresponding date of CARB’s hearing date or Executive Officer action through which the regulations or amendments were adopted; and the notice of decision in which the EPA granted a waiver or authorization for the given set of regulations. TABLE 1—CARB SIP REVISION SUBMITTAL SUMMARY pmangrum on DSK4SPTVN1PROD with RULES Source category Relevant sections of California Code of Regulations Date of relevant CARB hearing date or executive officer action 2013 Amendments to the On-Board Diagnostic (OBD) System Requirements Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines (OBD II). 2013 Amendments to the OBD II Enforcement Regulation. 2013 Amendments to the Heavy-Duty Engine OBD System Requirements (HD OBD). 2013 Amendments to HD OBD Enforcement Regulation. 2008 Amendments to the Off-Road Large Spark-Ignition (LSI) Regulation. 2010 Amendments to Off-Road LSI Fleet Regulation. 13 CCR § 1968.2, effective for state law purposes on July 31, 2013 a. August 23, 2012 ......... 81 FR 78143 (November 7, 2016). 13 CCR § 1968.5, effective for state law purposes on July 31, 2013 b. 13 CCR § 1971.1, effective for state law purposes on July 31, 2013 a. 13 CCR § 1971.5, effective for state law purposes on July 31, 2013 b. 13 CCR § 2433, effective for state law purposes on October 20, 2009. 13 CCR § 2775, 2775.1, and 2775.2, effective for state law purposes on December 14, 2011. 13 CCR §§ 2403, 2404, and 2407, effective for state law purposes on January 10, 2013. August 23, 2012 ......... 81 FR 78143 (November 7, 2016). 81 FR 78149 (November 7, 2016). 81 FR 78149 (November 7, 2016). 80 FR 76468 (December 9, 2015). 80 FR 76468 (December 9, 2015). 2011 Amendments to Small Off-Road Engines (SORE) Regulation. VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 August 23, 2012 ......... August 23, 2012 ......... November 21, 2008 ... December 17, 2010 ... December 16, 2011 ... E:\FR\FM\21MRR1.SGM 21MRR1 EPA notice of decision 80 FR 76971 (December 11, 2015). 14448 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations TABLE 1—CARB SIP REVISION SUBMITTAL SUMMARY—Continued Source category Relevant sections of California Code of Regulations Date of relevant CARB hearing date or executive officer action 2011 Amendments to Tier 4 Off-Road Compression-Ignition (CI) Engines Regulation. 13 CCR §§ 2421, 2423, 2424, 2425, 2425.1, 2426, and 2427, effective for state law purposes on January 10, 2013 c. 13 CCR §§ 2412, 2433, 2447, 2783 and 2784, effective for state law purposes on January 10, 2013. December 16, 2011 ... 80 FR 76971 (December 11, 2015). December 16, 2011 ... 80 FR 76971 (December 11, 2015). 2010 Amendments to Certification Fuel for Off-Road Spark-Ignition (SI) Engines, Equipment and Vehicles d. EPA notice of decision NOTES: a Excluding the definitions of the terms ‘‘emission standard,’’ ‘‘evaporative emission standards,’’ and ‘‘exhaust emission standards’’ or ‘‘tailpipe emission standards.’’ b Excluding the definition of the term ‘‘nonconforming OBD system.’’ c Excluding the optional alternative non-methane hydrocarbon (NMHC) 2 plus oxides of nitrogen (NO ) Tier 4 exhaust emission standards and X associated family emission limits. d Includes Off-Road LSI, Off-Highway Recreational Vehicles and Engines (OHRV), and Spark-Ignition Marine Engines (SIME) off-road mobile source categories. The regulations submitted by CARB and listed in table 1 incorporate by reference documents that establish test procedures and labeling specifications, among other things, and CARB submitted the documents as part of the overall SIP revision. Table 2 lists the incorporated documents included in the SIP submittal. TABLE 2—DOCUMENTS INCORPORATED BY REFERENCE IN CARB REGULATIONS LISTED IN TABLE 1, ABOVE, AND SUBMITTED AS PART OF SIP REVISION Off-Road LSI Engines: California Exhaust and Evaporative Emission Standards and Test Procedures for New 2010 and Later Off-Road Large Spark-Ignition Engines, as last amended November 21, 2008. California Exhaust and Evaporative Emission Standards and Test Procedures for New 2010 and Later Off-Road Large Spark-Ignition Engines (2010 and Later Test Procedure 1048), as last amended October 25, 2012. California Exhaust and Evaporative Emission Standards and Test Procedures for New 2007 and Later Off-Road Large Spark-Ignition Engines (Test Procedures 1065 and 1068), as last amended October 25, 2012. Small Off-Road Engines (SORE): Test Procedure for Determining Permeation Emissions from Small Off-Road Engines and Equipment Fuel Tanks (TP–901), adopted July 26, 2004. Test Procedure for Determining Diurnal Evaporative Emissions from Small Off-Road Engines and Equipment (TP–902), adopted July 26, 2004. Certification and Approval Procedure for Small Off-Road Engine Fuel Tanks (CP–901), adopted July 26, 2004. Certification and Approval Procedures for Evaporative Emission Control Systems (CP–902), adopted July 26, 2004. California Exhaust Emission Standards and Test Procedures for 2005–2012 Small Off-Road Engines, as last amended October 25, 2012. California Exhaust Emission Standards and Test Procedures for New 2013 and Later Small Off-Road Engines; Engine-Testing Procedures (Part 1054), adopted October 25, 2012. California Exhaust Emission Standards and Test Procedures for New 2013 and Later Small Off-Road Engines; Engine-Testing Procedures (Part 1065), adopted October 25, 2012. Off-Road Compression-Ignition (OFCI) Engines: California Exhaust Emission Standards and Test Procedures for New 2008–2010 and Later Tier 4 Off-Road Compression-Ignition Engines, as last amended October 25, 2012. California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I–D, as last amended October 25, 2012.a California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I–F, as last amended October 25, 2012. California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I–E, as adopted October 25, 2012. Off-Highway Recreational Vehicles and Engines (OHRVs): California Exhaust Emission Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles and Engines, as last amended October 25, 2012. Spark-Ignition Marine Engines (SIME): California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines, as last amended October 25, 2012. pmangrum on DSK4SPTVN1PROD with RULES Note: a Excluding optional alternative NMHC plus NO Tier 4 exhaust emission standards and associated family emission limits. X We note that CARB has expressly excluded from the December 7, 2016, SIP submittal certain amended provisions of California code that were not included in the related authorization request from CARB to the EPA and thus not included in the EPA’s authorization. These provisions pertain to an optional alternative NMHC plus NOX Tier 4 exhaust emission standards and associated family emission limits for OFCI engines; however, the optional alternative was no longer available after December 31, 2014. 2 NMHC and reactive organic gases (ROG) are terms used by California in their air quality plans and regulations. NMHC and ROG are essentially synonymous with volatile organic compounds (VOCs). VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations B. Are there other versions of these regulations? As noted previously, the CAA generally assigns to the EPA the responsibility of establishing standards for the control of emissions from mobile sources. However, the State of California was a pioneer in establishing standards for the control of emissions from new motor vehicles, and, in part due to the state’s pioneering efforts, Congress established in 1967 a process under which California, alone among the states, would be granted a waiver from preemption (if certain criteria are met) and thereby enforce its own standards and other requirements for the control of emissions from new motor vehicles. In the 1990 CAA Amendments, Congress extended a similar process that had been established under section 209 for new motor vehicles to new and inuse off-road vehicles and engines. See CAA section 209(e)(2). Under the 1990 CAA Amendments, the EPA must authorize California standards for the control of emissions of off-road vehicles and engines if certain criteria are met. The first waiver granted was for California’s On-Road Emissions Standards for Model Year (MY) 1968. See 33 FR 10160 (July 16, 1968). Since then, there have been dozens of waivers and authorizations granted by the EPA for new and amended CARB mobile source regulations. The EPA’s Office of Transportation and Air Quality maintains a Web site that provides a general description of the waiver and authorization process and lists all of the various waivers and authorizations granted by the Agency to CARB over the years. See https://www.epa.gov/otaq/ cafr.htm. Historically, as noted above, CARB regulations subject to the section 209 waiver or authorization process were not submitted to the EPA as a revision to the California SIP. However, in the wake of the Ninth Circuit’s decision in Committee for a Better Arvin v. EPA, on August 14, 2015, CARB submitted a large set of mobile source regulations to the EPA as a SIP revision and the EPA took final approval action on this first set of regulations on June 16, 2016 (81 FR 39424). CARB’s initial set of regulations included regulations establishing standards and other requirements relating to the control of emissions from new on-road vehicles and engines, including certain requirements related to OBD systems, and from new and in-use off-road vehicles and engines, including LSI, SORE, CI, OHRV and SIME categories of vehicles and engines. CARB’s December 7, 2016 SIP revision submittal contains certain amended OBD regulations for new on-road vehicles and engines and certain amendments to the regulations affecting LSI, SORE, CI, OHRV, and SIME categories of off-road vehicles and engines. C. What is the purpose of the submitted regulations? Historically, California has experienced some of the most severe and most persistent air pollution problems in the country. Under the CAA, based on ambient data collected at numerous sites throughout the state, the EPA has designated areas within 14449 California as nonattainment areas for the ozone NAAQS and the particulate matter (PM) NAAQS, which includes both coarse and fine particulate (i.e., PM10 and PM2.5). See, generally, 40 CFR 81.305. California also includes a number of areas that had been designated as nonattainment areas for the carbon monoxide NAAQS that the EPA has redesignated as attainment areas because they have attained the standard and are subject to an approved maintenance plan demonstrating how they will maintain the carbon monoxide standard into the future. Mobile source emissions constitute a significant portion of overall emissions of carbon monoxide, volatile organic compounds (VOC), oxides of nitrogen (NOX), sulfur dioxide (SO2) and PM in the various air quality planning areas within California, and thus, the purpose of CARB’s mobile source regulations is to reduce these emissions and thereby reduce ambient concentrations to attain and maintain the NAAQS throughout California.3 At elevated levels, ozone and PM harm human health and the environment by contributing to premature mortality, aggravation of respiratory and cardiovascular disease, decreased lung function, visibility impairment, and damage to vegetation and ecosystems. D. What requirements do the regulations establish? Table 3 below generally describes the amended regulations listed in table 1 above and summarizes some of the key emissions control requirements contained in the rules. TABLE 3—GENERAL DESCRIPTION OF REQUIREMENTS ESTABLISHED IN THE MOBILE SOURCE REGULATIONS INCLUDED IN THE DECEMBER 7, 2016 SIP REVISION Source category Description of requirements in submitted regulation OBD II System Requirements for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines. The amendments to the OBD II system requirements are found in 13 CCR § 1968.2, and they became effective for state law purposes on July 31, 2013. The OBD II amendments primarily affect medium-duty vehicles, to align the OBD II monitoring requirements with those adopted by CARB for heavy-duty diesel engines. For more information about CARB’s OBD II regulations, see 81 FR 78143 (November 7, 2016). The amendments to the HD OBD system requirements are found in 13 CCR § 1971.1, and they became effective for state law purposes on July 31, 2013. The amendments primarily affect the monitoring and performance requirements of HD OBD systems. Specifically, the amendments ‘‘accelerate the start date for OBD system implementation on alternate-fueled engines from the 2020 MY to the 2018 MY, relax some requirements for OBD systems on heavy-duty hybrid vehicles for the 2013 through 2015 MY, relax malfunction thresholds for three major emission control systems (i.e., PM filters, NOX catalysts, and NOX sensors) on diesel engines until the 2016 MY, delay monitoring requirements for some diesel-related components until 2015 to provide further lead time for emission control strategies to stabilize, and clarify requirements for several monitors and standardization.’’ See 81 FR 78149 at 78150 (November 7, 2016). pmangrum on DSK4SPTVN1PROD with RULES OBD System Requirements for Heavy-Duty Engines (HD OBD). On-Road 3 VOC and NO are precursors responsible for the X formation of ozone, and NOX and SO2 are VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 precursors for PM2.5. SO2 belongs to a family of compounds referred to as sulfur oxides. PM2.5 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 precursors also include VOC and ammonia. See 40 CFR 51.1000. E:\FR\FM\21MRR1.SGM 21MRR1 14450 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations TABLE 3—GENERAL DESCRIPTION OF REQUIREMENTS ESTABLISHED IN THE MOBILE SOURCE REGULATIONS INCLUDED IN THE DECEMBER 7, 2016 SIP REVISION—Continued Source category Description of requirements in submitted regulation OBD II and HD OBD Enforcement Regulations Off-Road LSI Engines ......................................... Small Off-Road Engines (SORE) ....................... Tier 4 Off-Road Compression-Ignition (CI) Engines. Certification Fuel for Off-Road CI and SI Engines, Equipment and Vehicles. III. EPA’s Evaluation and Final Action pmangrum on DSK4SPTVN1PROD with RULES A. How is the EPA evaluating the regulations? The EPA has evaluated the submitted regulations discussed above against the applicable procedural and substantive requirements of the CAA for SIPs and SIP revisions and has concluded that they meet all of the applicable requirements. Generally, SIPs must include enforceable emission limitations and other control measures, means, or techniques, as well as schedules and timetables for compliance, as may be necessary to meet the requirements of the Act [see CAA section 110(a)(2)(A)]; must provide necessary assurances that the state will have adequate personnel, funding, and authority under state law to carry out such SIP (and is not prohibited by any provision of federal or state law from carrying out such SIP) [see CAA section VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 The amendments to the OBD II and HD OBD enforcement regulations are found in 13 CCR §§ 1968.5 and 1971.5, respectively, and they became effective for state law purposes on July 31, 2013. The amendments align the enforcement regulations with the proposed dieselrelated changes to the OBD II and HD OBD regulations, specifically the selection criteria of engines/vehicles for the test sample group and the mandatory recall provisions for diesel engines. For more information about CARB’s OBD II and HD OBD regulations, see 81 FR 78143 (November 7, 2016) and 81 FR 78149 (November 7, 2016). The amendments to the LSI new engine emissions standards are found in 13 CCR § 2433, and they became effective for state law purposes on October 20, 2009. The LSI new engine amendments create two new subcategories of LSI engines (i.e., LSI engines less than or equal to 825 cubic centimeters (cc) and LSI engines greater than 825 cc but less than 1.0 liter) and establish exhaust emission standards for new 2011 and subsequent MY LSI engines in each of these new subcategories and establish more stringent standards for the 825 cc through 1 liter subcategory beginning with the 2015 MY. The amendments to LSI fleet requirements are found in 13 CCR §§ 2775, 2775.1, and 2775.2 and effective for state law purposes on December 14, 2011. The LSI fleet amendments establish provisions that enhance the compliance flexibility provisions of the existing LSI Fleet regulation. For more information about CARB’s LSI regulations, see 80 FR 76468 (December 9, 2015). The amendments are found in 13 CCR §§ 2403, 2404, and 2407, and various new or amended test procedures for SORE; these amendments became effective for state law purposes on January 10, 2013. The SORE amendments modify California’s existing SORE test procedures by aligning California procedures to be consistent with recent amendments by the EPA to the federal certification and exhaust emission testing requirements at 40 CFR Parts 1054 and 1065. For more information about CARB’s SORE regulations, see 80 FR 76971 (December 11, 2015). The amendments are found in 13 CCR §§ 2421, 2423, 2424, 2425, 2425.1, 2426, and 2427, and in various new or amended test procedures for off-road CI engines. The amendments became effective for state law purposes on January 10, 2013. The off-road CI engine amendments enhance the harmonization of CARB’s exhaust emission requirements for new off-road CI engines with the corresponding federal emissions requirements for nonroad CI engines set forth in 40 CFR Parts 1039, 1065, and 1068. For more information about CARB’s Tier 4 off-road CI engine regulations, see 80 FR 76971 (December 11, 2015). The amendments are found in 13 CCR §§ 2412, 2433, 2447, 2783, and 2784, and in various new or amended test procedures for SORE, off-road CI engines, LSI engines, OHRV, and recreational marine SI engines. The amendments became effective for state law purposes on January 10, 2013. The amendments to the certification test fuel for off-road SI, gasolinefueled engines allow the use of 10-percent ethanol-blend of gasoline as an option for certification exhaust emission testing of new gasoline-fueled SORE, LSI, recreational marine, and OHRV off-road categories from the 2013 through 2019 MY, and requires its use for such purposes for these categories beginning with the 2020 MY. For more information, see 80 FR 76971 (December 11, 2015). 110(a)(2)(E)]; must be adopted by a state after reasonable notice and public hearing [see CAA section 110(l)], and must not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the Act [see CAA section 110(l)].4 B. Do the state regulations meet CAA SIP evaluation criteria? 1. Did the state provide adequate public notification and comment periods? Under CAA section 110(l), SIP revisions must be adopted by the state, 4 CAA section 193, which prohibits any pre-1990 SIP control requirement relating to nonattainment pollutants in nonattainment areas from being modified unless the SIP is revised to insure equivalent or greater emission reductions of such air pollutants, does not apply to these regulations because they amend regulations previously approved in the California SIP in 2016, and thus, do not constitute an amendment to a pre-1990 SIP control requirement. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 and the state must provide for reasonable public notice and hearing prior to adoption. In 40 CFR 51.102(d), we specify that reasonable public notice in this context refers to at least 30 days. All of the submitted regulations have gone through extensive public comment processes including CARB’s workshop and hearing processes prior to state adoption of each rule. Also, the EPA’s waiver and authorization processes provide an opportunity for the public to request public hearings to present information relevant to the EPA’s consideration of CARB’s request for waiver or authorization under section 209 of the CAA and to submit written comment. In addition, on June 19, 2015, CARB published a notice of public hearing to be held on July 23, 2015, to consider adoption and submittal of certain adopted regulations, including those submitted to the EPA on August 15, E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations pmangrum on DSK4SPTVN1PROD with RULES 2015 (and for which the EPA has already taken action) and those submitted to the EPA on December 7, 2016, as a revision to the California SIP. CARB held the public hearing on July 23, 2015. No written comments were submitted to CARB in connection with the proposed SIP revision, and no public comments were made at the public hearing. CARB adopted the SIP revision at the July 23, 2015 Board Hearing (see Board Resolution 15–40), and submitted the relevant mobile source regulations to the EPA along with evidence of the public process conducted by CARB in adopting the SIP revision. We conclude that CARB’s December 7, 2016, SIP revision submittal meets the applicable procedural requirements for SIP revisions under the CAA section 110(l) and 40 CFR 51.102. 2. Does the state have adequate legal authority to implement the regulations? CARB has been granted both general and specific authority under the California Health & Safety Code (H&SC) to adopt and implement these regulations. California H&SC sections 39600 (‘‘Acts required’’) and 39601 (‘‘Adoption of regulation; Conformance to federal law’’) confer on CARB the general authority and obligation to adopt regulations and measures necessary to execute CARB’s powers and duties imposed by state law. California H&SC sections 43013(a) and 43018 provide broad authority to achieve the maximum feasible and costeffective emission reductions from all mobile source categories. Regarding inuse motor vehicles, California H&SC sections 43600 and 43701(b), respectively, grant CARB authority to adopt emission standards and emission control equipment requirements. As a general matter, as noted above, the CAA assigns mobile source regulation to the EPA through title II of the Act and assigns stationary source regulation and SIP development responsibilities to the states through title I of the Act. In so doing, the CAA preempts various types of state regulation of mobile sources as set forth in section 209(a) (preemption of state emissions standards for new motor vehicles and engines), section 209(e) (preemption of state emissions standards for new and in-use nonroad vehicles and engines) and section 211(c)(4)(A) [preemption of state fuel requirements for motor vehicles, i.e., other than California’s motor vehicle fuel requirements for motor vehicle emission control—section 211(c)(4)(B)]. For certain types of mobile source standards, the State of California may VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 request a waiver (for motor vehicles) or authorization (for off-road vehicles or engines) for standards relating to the control of emissions and accompanying enforcement procedures. See CAA sections 209(b) (new motor vehicles) and 209(e)(2) (most categories of new and in-use off-road vehicles). The mobile source regulations that are the subject of today’s direct final rule were submitted by CARB under CAA section 209 with a request for waiver or authorization and for which the EPA has granted such waiver or authorization. Thus, the regulations approved today are not preempted under the CAA. For additional information regarding California’s motor vehicle emission standards, please see the EPA’s ‘‘California Waivers and Authorizations’’ Web page at URL address: https://www.epa.gov/otaq/ cafr.htm. This Web site also lists relevant Federal Register notices that have been issued by the EPA in response to California waiver and authorization requests. In addition, the EPA is unaware of any non-CAA legal obstacle to CARB’s enforcement of the regulations and thus we conclude that the state has provided the necessary assurances that the state has adequate authority under state law to carry out the SIP revision (and is not prohibited by any provision of federal or state law from carrying out such SIP) and thereby meets the requirements of CAA section 110(a)(2)(E) with respect to legal authority. 3. Are the regulations enforceable as required under CAA section 110(a)(2)? We have evaluated the enforceability of the amended mobile source regulations with respect to applicability and exemptions; standard of conduct and compliance dates; sunset provisions; discretionary provisions; and test methods, recordkeeping and reporting,5 and have concluded for the reasons given below that the proposed regulations would be enforceable for the purposes of CAA section 110(a)(2). First, with respect to applicability, we find that the amended regulations would be sufficiently clear as to which persons and which vehicles or engines are affected by the regulations. See, e.g., 13 CCR section 2775 (applicability provision for off-road LSI engine fleet requirements). Second, we find that the amended regulations would be sufficiently 5 These concepts are discussed in detail in an EPA memorandum from J. Craig Potter, EPA Assistant Administrator for Air and Radiation, et al., titled ‘‘Review of State Implementation Plans and Revisions for Enforceability and Legal Sufficiency,’’ dated September 23, 1987. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 14451 specific so that the persons affected by the regulations would be fairly on notice as to what the requirements and related compliance dates are. For instance, see the fleet average emission level standards for large and medium forklift fleets and non-forklift fleets in 13 CCR section 2775.1(a). Third, none of the submitted regulations contain sunset provisions that automatically repeal the emissions limits by a given date or upon the occurrence of a particular event, such as the change in the designation of an area from nonattainment to attainment. Fourth, a number of the amended regulations contain provisions that allow for discretion on the part of CARB’s Executive Officer. Such ‘‘director’s discretion’’ provisions can undermine enforceability of a SIP regulation, and thus prevent full approval by the EPA. However, in the instances of ‘‘director’s discretion’’ in the submitted regulations, the discretion that can be exercised by the CARB Executive Officer is reasonably limited under the terms of the regulations. For instance, the HD OBD requirements in 13 CCR section 1971.1 allow a manufacturer to request that the Executive Officer approve to use an alternate definition for engine start (e.g., ignition key ‘‘on’’) for hybrid vehicles or for engines employing alternate engine start hardware or strategies (e.g., integrated starter and generators); however, Executive Officer approval of the alternate definition must be based on equivalence to an engine start for a conventional vehicle. With such constraints on discretion, the ‘‘director’s discretion’’ contained in the amended regulations would not significantly undermine enforceability of the rules by citizens or the EPA. Lastly, the amended regulations identify appropriate test methods and includes adequate recordkeeping and reporting requirements sufficient to ensure compliance with the applicable requirements. The technical support document provides more detail concerning the contents of the amended regulations. 4. Do the regulations interfere with reasonable further progress and attainment or any other applicable requirement of the Act? All of the state’s reasonable further progress (RFP), attainment, and maintenance plans rely to some extent on the emission reductions from CARB’s mobile source program, including the emissions standards and other requirements for which the EPA has issued waivers or authorizations. For some plans, the reliance is substantial E:\FR\FM\21MRR1.SGM 21MRR1 14452 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations and for others the reliance is less. CARB’s mobile source program is reflected in the emissions estimates for mobile sources that are included in the emissions inventories that form the quantitative basis for the RFP, attainment, and maintenance demonstrations. As such, CARB’s mobile source regulations submitted for approval as a revision to the California SIP support the various RFP, attainment, and maintenance plans, and would not interfere with such requirements for the purposes of CAA section 110(l). 5. Will the state have adequate personnel and funding for the regulations? In its SIP revision submittal dated August 14, 2015, CARB refers to the annual approval by the California Legislature of funding and staff resources for carrying out CAA-related responsibilities and notes that a large portion of CARB’s budget has gone toward meeting CAA mandates.6 CARB indicates that a majority of CARB’s funding comes from dedicated fees collected from regulated emission sources and other sources such as vehicle registration fees and vehicles license plate fees and that these funds can only be used for air pollution control activities. Id. For the 2014–2015 budget cycle, CARB had over 700 positions and almost $500 million dedicated for the mobile source program developing and enforcing regulations. Id. Given the longstanding nature of CARB’s mobile source program, and its documented effectiveness at achieving significant reductions from mobile sources, we find that CARB has provided necessary assurances that the state has adequate personnel and funding to carry out the amended mobile source regulations submitted for approval on December 7, 2016. 6. EPA’s Evaluation Conclusion Based on the above discussion, we believe these regulations are consistent with the relevant CAA requirements and with relevant EPA policies and guidance. pmangrum on DSK4SPTVN1PROD with RULES C. Final Action and Public Comment Under section 110(k)(3) of the CAA, and for the reasons given above, we are approving a SIP revision submitted by CARB on December 7, 2016, that includes certain sections of title 13 of the California Code of Regulations that establish standards and other 6 Letter from Richard W. Corey, Executive Officer, CARB, to Jared Blumenfeld, Regional Administrator, EPA Region IX, August 14, 2015. VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 requirements relating to the control of emissions from new and in-use on-road and off-road vehicles and engines. We are approving these regulations as part of the California SIP because we believe they fulfill all relevant CAA requirements. We do not think anyone will object to this approval, so we are finalizing it without proposing it in advance. However, in the Proposed Rules section of this Federal Register, we are simultaneously proposing approval of the same submitted rules. If we receive adverse comments by April 20, 2017, we will publish a timely withdrawal in the Federal Register to notify the public that the direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. If we do not receive timely adverse comments, the direct final approval will be effective without further notice on May 22, 2017. This will incorporate these rules into the federally enforceable SIP. Please note that if the EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, the EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Incorporation by Reference In this rule, the EPA is finalizing rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of certain sections of title 13 of the California Code of Regulations that establish standards and other requirements relating to the control of emissions from new on-road and new and in-use offroad vehicles and engines, as described in section II of this preamble. Therefore, these materials have been approved by the EPA for inclusion in the State Implementation Plan, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.7 The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see 7 62 PO 00000 FR 27968 (May 22, 1997). Frm 00034 Fmt 4700 Sfmt 4700 the ADDRESSES 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 22, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the Proposed Rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that the EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). pmangrum on DSK4SPTVN1PROD with RULES 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. VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 Dated: January 18, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 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 as amended as follows: ■ a. In paragraph (c), table 1 is amended by: ■ i. By adding entries for ‘‘1968.2(a), (c) (excluding ‘‘emission standard,’’ ‘‘evaporative emission standards,’’ and ‘‘exhaust emission standards’’ or ‘‘tailpipe emission standards’’), (d)(3), (d)(4), (e)(6), (e)(15), (f)(1)–(f)(9), (f)(12), (f)(13), (f)(15), (f)(17), (h)(4), (i)(1), (i)(2), and (j)(2)’’ and ‘‘1968.5(a)(3) (excluding ‘‘nonconforming OBD II system’’), (b)(3), (b)(6), and (c)(3)’’ after the three entries for ‘‘1965’’; ■ ii. By revising the entry for ‘‘1971.1’’; ■ iii. By adding an entry for ‘‘1971.5(a)(3) (excluding amendments to the existing definition for ‘‘nonconforming OBD system’’), (b)(3), (b)(6) and (d)(3)’’, after the entry for ‘‘1971.5’’; ■ iv. By adding an entry for ‘‘2403(b)(2)(B) and (d)’’ after the entry for ‘‘2403(b)(2), (b)(3), (b)(4), (d), (e)(1)’’; ■ v. By adding an entry for ‘‘2404(c)(4)(A)’’ after the entry for ‘‘2404(m)(1), (m)(2), (m)(3)’’; ■ vi. By adding an entry for ‘‘2407(a)(7)’’ after the entry for ‘‘2406(b)(1), (b)(2)’’; ■ vii. By adding an entry for ‘‘2412(c) and (d)(1)’’ after the entry for ‘‘2412’’; ■ viii. By adding an entry for ‘‘2421(a)(1)–(a)(4), (a)(15), (a)(19)– (a)(65)’’ after the entry for ‘‘2421’’; ■ ix. By adding an entry for ‘‘2423(a), (b) (excluding optional alternative NOX + NMHC standards and associated family emission limits), (c), (d), (e), (f), (g), (h), (j), (k), (l) and (m)’’ after the entry for ‘‘2423’’; ■ x. By adding an entry for ‘‘2424(a), (b), (c) and (l)’’ after the entry for ‘‘2424(a)’’; ■ xi. By adding an entry for ‘‘2425(a)’’ after the entry for ‘‘2425(e)’’; ■ xii. By revising the entry for ‘‘2425.1’’; ■ xiii. By adding an entry for ‘‘2426(a) and (b)’’ after the entry for ‘‘2426’’; ■ xiv. By adding an entry for ‘‘2427(c)’’ after the entry for ‘‘2427’’; ■ xv. By adding entries for ‘‘2433(b)(1)(A), (b)(2), (b)(3), (b)(4), ■ PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 14453 (b)(5), (c) and (d)’’ and ‘‘2433(c) and (d)(1)’’ after the entry for ‘‘2433’’; ■ xvi. By revising the entries for ‘‘2447’’, ‘‘2775’’, ‘‘2775.1’’, and ‘‘2775.2’’; ■ xvii. By adding a new table entry titled ‘‘Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and Engines Pollution Control Requirements), Article 3 (Verification Procedure, Warranty, and In-Use Compliance Requirements for Retrofits to Control Emissions from Off-Road Large Spark-Ignition Engines)’’ after the revised entry ‘‘2775.2’’; and under the new heading, adding entries for ‘‘2783(d)(1)–(d)(4)’’ and ‘‘2784(c)(1)– (c)(4)’’; and ■ b. Paragraph (c), table 2 is amended by: ■ i. By adding an entry for ‘‘California Exhaust and Evaporative Emission Standards and Test Procedures for New 2010 and Later Off-Road Large SparkIgnition Engines, (2010 and Later Test Procedure 1048), amended November 21, 2008’’ and ‘‘California Exhaust and Evaporative Emission Standards and Test Procedures for New 2010 and Later Off-Road Large Spark-Ignition Engines, (2010 and Later Test Procedure 1048), amended October 25, 2012’’ after the entry for ‘‘California Exhaust and Evaporative Emission Standards and Test Procedures for New 2010 and Later Off-Road Large Spark-Ignition Engines, (2010 and Later Test Procedure 1048), adopted March 2, 2007’’; ■ ii. By adding entries for ‘‘California Exhaust and Evaporative Emission Standards and Test Procedures for New 2007 and Later Off-Road Large SparkIgnition Engines (Test Procedures 1065 and 1068), amended October 25, 2012’’, ‘‘Small Off-Road Engine and Equipment Evaporative Emissions Test Procedure (TP–901), adopted July 26, 2004’’, ‘‘Small Off-Road Engine and Equipment Evaporative Emissions Test Procedure (TP–902), adopted July 26, 2004’’, ‘‘Small Off-Road Engine Evaporative Emission Control System Certification Procedure (CP–901), adopted July 26, 2004’’, and ‘‘Small Off-Road Engine Evaporative Emission Control System Certification Procedure (CP–902), adopted July 26, 2004’’ after the entry for ‘‘California Exhaust and Evaporative Emission Standards and Test Procedures for New 2007 and Later OffRoad Large Spark-Ignition Engines (Test Procedures 1065 and 1068), adopted March 2, 2007’’; ■ iii. By adding entries for ‘‘California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines, as last amended October 25, 2012’’, ‘‘California Exhaust E:\FR\FM\21MRR1.SGM 21MRR1 14454 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations Emission Standards and Test Procedures for New 2013 and Later Small Off-Road Engines, Engine-Testing Procedures (Part 1054), adopted October 25, 2012’’ and ‘‘California Exhaust Emission Standards and Test Procedures for New 2013 and Later Small Off-Road Engines, Engine-Testing Procedures (Part 1065), adopted October 25, 2012’’ after the entry for ‘‘California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines, as last amended February 24, 2010’’; ■ iv. By adding entries for ‘‘California Exhaust Emission Standards and Test Procedures for New 2008–2010 Tier 4 Off-Road Compression-Ignition Engines, Part I–C, as last amended October 25, 2012’’, ‘‘California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I–D, as last amended October 25, 2012 (excluding optional alternative NOX + NMHC standards and associated family emission limits in § 1039.102(e)’’, ‘‘California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road CompressionIgnition Engines, Part I–F, as last amended October 25, 2012’’, and ‘‘California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road CompressionIgnition Engines, Part I–E, adopted October 25, 2012’’ after the entry for ‘‘California Exhaust Emission Standards and Test Procedures for New 2008 and Later Tier 4 Off-Road CompressionIgnition Engines, Part I–C, adopted October 20, 2005’’; ■ v. By adding an entry for ‘‘California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines, as last amended October 25, 2012’’ after the entry for ‘‘California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines, as last amended June 5, 2009’’; and ■ vi. By adding an entry for ‘‘California Exhaust Emissions Standards and Test Procedures for 1997 and Later OffHighway Recreational Vehicles and Engines, as last amended October 25, 2012’’ after the entry for ‘‘California Exhaust Emissions Standards and Test Procedures for 1997 and Later OffHighway Recreational Vehicles, and Engines, as last amended August 15, 2007’’. The additions and revisions read as follows: § 52.220a * Identification of plan—in part. * * (c) * * * * * TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1 State citation Title/subject EPA approval date Additional explanation * 7/31/2013 * * * [Insert Federal Register cita- Provisions relate to On-Board tion], 03/21/2017. Diagnostic systems requirements (OBD II). 7/31/2013 [Insert Federal Register citation], 03/21/2017. Provisions related to enforcement of OBD II requirements. 7/31/2013 [Insert Federal Register citation], 03/21/2017. Amends emission standards and other requirements for On-Board Diagnostic OBD (OBD) systems for heavyduty vehicles. * * * 1971.5(a)(3) (excluding Enforcement of Malfunction amendments to the existing and Diagnostic System Redefinition for ‘‘nonconquirements for 2010 and forming OBD system’’), Subsequent Model-Year (b)(3), (b)(6) and (d)(3). Heavy-Duty Engines. pmangrum on DSK4SPTVN1PROD with RULES * * * 1968.2(a), (c) (excluding Malfunction and Diagnostic ‘‘emission standard,’’ System Requirements— ‘‘evaporative emission 2004 and Subsequent standards,’’ and ‘‘exhaust Model-Year Passenger emission standards’’ or Cars, Light-Duty Trucks, ‘‘tailpipe emission standand Medium-Duty Vehicles ards’’), (d)(3), (d)(4), (e)(6), and Engines. (e)(15), (f)(1)–(f)(9, (f)(12), (f)(13), (f)(15), (f)(17), (h)(4), (i)(1), (i)(2), and (j)(2). 1968.5(a)(3) (excluding ‘‘nonEnforcement of Malfunction conforming OBD II sysand Diagnostic System Retem’’), (b)(3), (b)(6), and quirements for 2004 and (c)(3). Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines. 1971.1, excluding the folOn-Board Diagnostic System lowing definitions: ‘‘emission Requirements—2010 and standard,’’ ‘‘evaporative Subsequent Model-Year emission standards,’’ and Heavy-Duty Engines. ‘‘exhaust emission standards’’ or ‘‘tailpipe emission standards’’). State effective date * 7/31/2013 * * * [Insert Federal Register cita- Amends certain enforcementtion], 03/21/2017. related provisions for the OBD systems requirements for heavy-duty vehicles. * * * 2403(b)(2)(B) and (d) .............. Exhaust Emission Standards and Test Procedures— Small Off-Road Engines. * 1/10/2013 * * * [Insert Federal Register cita- Amends certain certification tion], 03/21/2017. requirements and test procedures. * * * 2404(c)(4)(A) ........................... Emission Control Labels and Consumer Information— 1995 and Later Small OffRoad Engines. * 1/10/2013 * * * [Insert Federal Register cita- Amends the rule to revise tion], 03/21/2017. certain engine label content requirements. VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations 14455 TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued State citation Title/subject State effective date EPA approval date Additional explanation * * * 2407(a)(7) ............................... New Engine Compliance and Production Line Testing— New Small Off-Road Engine Selection, Evaluation, and Enforcement Action. * 1/10/2013 * * * [Insert Federal Register cita- Specifies use of certain test tion], 03/21/2017. procedures. * * * 2412(c) and (d)(1) ................... Emission Standards and Test Procedures—New Off-Highway Recreational Vehicles and Engines. * 1/10/2013 * * * [Insert Federal Register cita- Updates references to test tion], 03/21/2017. procedures. * 2421(a)(1)–(a)(4), (a)(15), (a)(19)–(a)(65). * 1/10/2013 * * * [Insert Federal Register cita- Amends and adds certain detion], 03/21/2017. fined terms. * * * Exhaust Emission Standards 2423(a), (b) (excluding opand Test Procedures—Offtional alternative NOX + NMHC standards and assoRoad Compression-Ignition ciated family emission limEngines. its), (c), (d), (e), (f), (g), (h), (j), (k), (l) and (m). * 1/10/2013 * * * [Insert Federal Register cita- Amends the rule to hartion], 03/21/2017. monize certain aspects of the California emissions requirements with the corresponding federal emissions requirements. * * * 2424(a), (b), (c) and (l) ........... Emission Control Labels— 1996 and Later Off-Road Compression-Ignition Engines. * 1/10/2013 * * * [Insert Federal Register cita- Amends the rule to reflect uption], 03/21/2017. dated test procedures and to add provisions prohibiting altering or removal of emission control information labels except under certain circumstances. * * * 2425(a) .................................... Defects Warranty Requirements for 1996 and Later Off-Road Compression-Ignition Engines. * 1/10/2013 2425.1 ..................................... 1/10/2013 * * * [Insert Federal Register cita- Amends the rule to apply certion], 03/21/2017. tain federal warranty-related requirements to 2011 and later model-year compression-ignition engines. [Insert Federal Register cita- Amends the rule to reflect tion], 03/21/2017. certain updated test procedures. * * Definitions .............................. Defect Investigation and Reporting Requirements. * 1/10/2013 * * * [Insert Federal Register cita- Amends an existing SIP rule tion], 03/21/2017. to make changes conforming to the changes made in 13 CCR § 2423. * * * 2427(c) .................................... Production Engine Testing, Selection, Evaluation, and Enforcement Action. pmangrum on DSK4SPTVN1PROD with RULES * * * 2426(a) and (b) ....................... Emission Control System Warranty Statement. * 1/10/2013 * * * [Insert Federal Register cita- Amends an existing SIP rule tion], 03/21/2017. to reflect updated test procedures. VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1 14456 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued State citation * 2433(b)(1)(A), (b)(2), (b)(3), (b)(4), (b)(5), (c) and (d). Title/subject State effective date * * Emission Standards and Test Procedures—Off-Road Large Spark Ignition Engines. * 10/20/2009 2433(c) and (d)(1) ................... Emission Standards and Test Procedures—Off-Road Large Spark Ignition Engines. 1/10/2013 * * * 2447 ........................................ California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines. * 1/10/2013 * * * 2775 ........................................ Applicability ............................ * 12/14/2011 2775.1 ..................................... Standards ............................... 12/14/2011 2775.2 ..................................... Compliance Requirements for Fleet Operators. 12/14/2011 EPA approval date Additional explanation * * * [Insert Federal Register cita- Amends the rule creating two tion], 03/21/2017. new subcategories of LSI engines, establishing exhaust and evaporative emissions standards for new 2011 and subsequent model year LSI engines in each of these new subcategories, and establishing more stringent exhaust emissions standards for 2015 and subsequent model year LSI engines with engine displacement 825cc <1.0 L. [Insert Federal Register cita- Amends the rule to refer to tion], 03/21/2017. updated test procedures. * * * [Insert Federal Register cita- Specifies certain test procetion], 03/21/2017. dures. * * * [Insert Federal Register cita- Applies to operators of certain tion], 03/21/2017. 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. [Insert Federal Register cita- Establishes fleet average tion], 03/21/2017. emission level standards with certain exceptions. [Insert Federal Register cita- Compliance and recordtion], 03/21/2017. keeping requirements, provisions for extensions in compliance dates. Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and Engines Pollution Control Requirements), Article 3 (Verification Procedure, Warranty, and In-Use Compliance Requirements for Retrofits to Control Emissions from Off-Road Large Spark-Ignition Engines) Emissions Reduction Testing Requirements. 1/10/2013 [Insert Federal Register citation], 03/21/2017. 2784(c)(1)–(c)(4) ..................... pmangrum on DSK4SPTVN1PROD with RULES 2783(d)(1)–(d)(4) .................... Durability Demonstration Requirements. 1/10/2013 [Insert Federal Register citation], 03/21/2017. * * * * * Specifies test fuels for emissions reduction testing purposes for gasoline-fueled, off-road, large spark-ignition engines. Specifies test fuels for durability demonstration purposes for gasoline-fueled, off-road, large spark-ignition engines. * 1 Table * 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that are cited in certain regulations listed in table 1. Approved California statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e). VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations 14457 TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS State effective date Title/subject EPA Approval date Additional explanation * * * California Exhaust and Evaporative Emission Standards and Test Procedures for New 2010 and Later Off-Road Large Spark-Ignition Engines, (2010 and Later Test Procedure 1048), amended November 21, 2008. California Exhaust and Evaporative Emission Standards and Test Procedures for New 2010 and Later Off-Road Large Spark-Ignition Engines, (2010 and Later Test Procedure 1048), amended October 25, 2012. * 10/20/2009 * [Insert Federal Register citation], 03/21/2017. * * Submitted by CARB on December 7, 2016. 1/10/2013 [Insert Federal Register citation], 03/21/2017. Submitted by CARB on December 7, 2016. * * * California Exhaust and Evaporative Emission Standards and Test Procedures for New 2007 and Later Off-Road Large Spark-Ignition Engines (Test Procedures 1065 and 1068), amended October 25, 2012. Small Off-Road Engine and Equipment Evaporative Emissions Test Procedure (TP–901), adopted July 26, 2004. Small Off-Road Engine and Equipment Evaporative Emissions Test Procedure (TP–902), adopted July 26, 2004. Small Off-Road Engine Evaporative Emission Control System Certification Procedure (CP–901), adopted July 26, 2004. Small Off-Road Engine Evaporative Emission Control System Certification Procedure (CP–902), adopted July 26, 2004. * 1/10/2013 * [Insert Federal Register citation], 03/21/2017. * * Submitted by CARB on December 7, 2016. [Insert Federal Register tion], 03/21/2017. [Insert Federal Register tion], 03/21/2017. [Insert Federal Register tion], 03/21/2017. [Insert Federal Register tion], 03/21/2017. Submitted by CARB cember 7, 2016. Submitted by CARB cember 7, 2016. Submitted by CARB cember 7, 2016. Submitted by CARB cember 7, 2016. 10/20/2004 10/20/2004 10/20/2004 10/20/2004 citacitacitacita- on Deon Deon Deon De- * 1/10/2013 * [Insert Federal Register citation], 03/21/2017. * * Submitted by CARB on December 7, 2016. 1/10/2013 [Insert Federal Register citation], 03/21/2017. Submitted by CARB on December 7, 2016. 1/10/2013 [Insert Federal Register citation], 03/21/2017. Submitted by CARB on December 7, 2016. * * * California Exhaust Emission Standards and Test Procedures for New 2008–2010 Tier 4 Off-Road Compression-Ignition Engines, Part I–C, as last amended October 25, 2012. California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I–D, as last amended October 25, 2012 (excluding optional alternative NOX + NMHC standards and associated family emission limits in § 1039.102(e). California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I–F, as last amended October 25, 2012. California Exhaust Emission Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I–E, adopted October 25, 2012. * 1/10/2013 * [Insert Federal Register citation], 03/21/2017. * * Submitted by CARB on December 7, 2016. 1/10/2013 [Insert Federal Register citation], 03/21/2017. Submitted by CARB on December 7, 2016. 1/10/2013 [Insert Federal Register citation], 03/21/2017. Submitted by CARB on December 7, 2016. 1/10/2013 [Insert Federal Register citation], 03/21/2017. Submitted by CARB on December 7, 2016. * * * California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines, as last amended October 25, 2012. * 1/10/2013 * [Insert Federal Register citation], 03/21/2017. * * Submitted by CARB on December 7, 2016. * * * California Exhaust Emissions Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles and Engines, as last amended October 25, 2012. pmangrum on DSK4SPTVN1PROD with RULES * * * California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines, as last amended October 25, 2012. California Exhaust Emission Standards and Test Procedures for New 2013 and Later Small Off-Road Engines, EngineTesting Procedures (Part 1054), adopted October 25, 2012. California Exhaust Emission Standards and Test Procedures for New 2013 and Later Small Off-Road Engines, EngineTesting Procedures (Part 1065), adopted October 25, 2012. * 1/10/2013 * [Insert Federal Register citation], 03/21/2017. * * Submitted by CARB on December 7, 2016. VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00039 Fmt 4700 Sfmt 9990 E:\FR\FM\21MRR1.SGM 21MRR1 14458 * * Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations * * * [FR Doc. 2017–05059 Filed 3–20–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [DC104–2052; FRL–9955–98–Region 3] Air Plan Approval; District of Columbia; Update to Materials Incorporated by Reference Environmental Protection Agency (EPA). ACTION: Final rule; notice of administrative change. AGENCY: The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the District of Columbia state implementation plan (SIP). The regulations affected by this update have been previously submitted by the District of Columbia Department of Energy and Environment (DoEE) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office. DATES: This action is effective March 21, 2017. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; and NARA. For information on the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal_register/ code_of_federal_regulations/ibr_ locations.html. To view the material at the EPA, Region III Office, EPA requests that you email the contact listed in the SUMMARY: FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Sharon McCauley, (215) 814–3376 or by email at mccauley.sharon@epa.gov. SUPPLEMENTARY INFORMATION: pmangrum on DSK4SPTVN1PROD with RULES I. Background The SIP is a living document which the state revises as necessary to address its unique air pollution problems. Therefore, EPA, from time to time, must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference federally VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 approved SIPs, as a result of consultations between EPA and the Office of the Federal Register (OFR). The description of the revised SIP document, IBR procedures and ‘‘Identification of plan’’ format are discussed in further detail in the May 22, 1997 Federal Register document. On December 7, 1998 (63 FR 67407), EPA published a document in the Federal Register beginning the new IBR procedure for the District of Columbia. On August 6, 2004 (69 FR 47773), September 6, 2005 (70 FR 52919), March 19, 2009 (74 FR 11647), and February 22, 2011 (76 FR 9652), EPA published updates to the IBR material for the District of Columbia. Since the publication of the last IBR update, EPA has approved the following regulatory changes to the following District of Columbia regulations: A. Added Regulations and Statutes 1. Chapter 2 (General and Non-attainment Area Permits), sections 208 and 210. 2. Chapter 7 (Volatile Organic Compounds), sections 714, 755 through 758 inclusive, and 763 through 778 inclusive. 3. DC Official Code, Title I, Chapter 11A, (Government Ethics and Accountability), sections 1–1161.01(Definitions), 1–1161.23 (Conflicts of Interest), 1–1161.24 (Public Reporting), and 1–1161.25 (Confidential Disclosure of Financial Interest). B. Revised Regulations 1. Chapter 1 (General), sections 100 and 199. 2. Chapter 2 (General and Non-attainment Area Permits), sections 200, 204, and 299. 3. Chapter 7, (Volatile Organic Compounds), sections 700, 710, 715 through 737 inclusive, 743 through 749, 751 through 754 inclusive, and 799. 4. Chapter 10, title change to Air Quality— Non EGU Limits on Nitrogen Oxides Emissions, as well as title changes and revisions to sections 1001 through 1004. C. Removed Regulations 1. Chapter 2 (General and Non-attainment Area Permits), section 206 2. Chapter 7, (Volatile Organic Compounds), sections 707, 708, 738 through 742 inclusive, and 750. 3. Chapter 10 (Air Quality—Non EGU Limits on Nitrogen Oxides Emissions), sections 1005 through 1014 inclusive, and 1099. II. EPA Action In this action, EPA is doing the following: A. In 40 CFR 52.470(b) Announcing the update to the IBR material as of July 1, 2016 and revising the text within 40 CFR 52.470(b). B. In 40 CFR 52.470(c) 1. Correcting a typographical error in the title for chapter 7, section 702. PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 2. Removing the five existing entries for chapter 7, section 799 with an EPA approval date prior to April 29, 2013. C. In 40 CFR 52.470(e) Revising the Applicable Geographic Area from ‘‘Statewide’’ to ‘‘District of Columbia’’ for the following titled areas currently found within 52.470(e): Regional Haze Plan; Section 110(a)(2) Infrastructure Requirements for the 2008 Lead NAAQS; the Clean Air Act (CAA) section 128 requirements in relation to State Boards; section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen Dioxide (NO2) National Ambient Air Quality Standards (NAAQS); Section 110(a)(2) Infrastructure Requirements for the 2008 Ozone NAAQS; Section 110(a)(2) Infrastructure Requirements for the 2010 Sulfur Dioxide (SO2) NAAQS; Emergency Air Pollution Plan; and the Interstate Pollution Transport Requirements for the 2010 NO2 NAAQS. III. Good Cause Exemption EPA has determined that today’s rule falls under the ‘‘good cause’’ exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding ‘‘good cause,’’ authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This rule simply codifies provisions which are already in effect as a matter of law in federal and approved state programs. Under section 553 of the APA, an agency may find good cause where procedures are ‘‘impractical, unnecessary, or contrary to the public interest.’’ Public comment is ‘‘unnecessary’’ and ‘‘contrary to the public interest’’ since the codification only reflects existing law. Immediate notice in the Code of Federal Register benefits the public by removing outdated citations and incorrect table entries. 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 previously EPA approved regulations promulgated by the District of Columbia and federally effective prior to July 1, 2016. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by 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 E:\FR\FM\21MRR1.SGM 21MRR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14446-14458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05059]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0043; FRL-9959-00-Region 9]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

DATES: This rule is effective on May 22, 2017 without further notice,
unless the EPA receives adverse comments by April 20, 2017. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0043 at https://www.regulations.gov, or via email to John
Ungvarsky, at Ungvarsky.John@epa.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be removed or edited from
Regulations.gov. For either manner of submission, the EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky, EPA Region IX, (415)
972-3963, ungvarsky.john@epa.gov.

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

Table of Contents

I. Background
II. The State's Submittal
A. What regulations did the state submit?
B. Are there other versions of these regulations?
C. What is the purpose of the submitted regulations?
D. What requirements do the regulations establish?
III. EPA's Evaluation and Final Action
A. How is the EPA evaluating the regulations?
B. Do the state regulations meet CAA SIP evaluation criteria?
C. Final Action and Public Comment.
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

Under the Clean Air Act (CAA or ``Act''), the EPA establishes
national ambient air quality standards (NAAQS) to protect public health
and welfare, and has established such ambient standards for a number of
pervasive air pollutants including ozone, carbon monoxide, nitrogen
dioxide, sulfur dioxide, lead and particulate matter. Under section
110(a)(1) of the CAA, states must submit plans that provide for the
implementation, maintenance, and enforcement of the NAAQS within each
state. Such plans are referred to as SIPs and revisions to those plans
are referred to as SIP revisions. Section 110(a)(2) of the CAA sets
forth the content requirements for SIPs. Among the various
requirements, SIPs must include enforceable emission limitations and
other control measures, means, or techniques as may be necessary or
appropriate to meet the applicable requirements of the CAA. See CAA
section 110(a)(2)(a).
As a general matter, the CAA assigns mobile source regulation to
the EPA through title II of the Act and assigns stationary source
regulation and SIP development responsibilities to the states through
title I of the Act. In so doing, the CAA preempts various types of
state regulation of mobile sources as set forth in section 209(a)
(preemption of state emissions standards for new motor vehicles and
engines), section 209(e) (preemption of state emissions standards for
new and in-use off-road vehicles and engines),\1\ and section
211(c)(4)(A) [preemption of state fuel requirements for motor vehicle
emission control, i.e., other than California's motor vehicle fuel
requirements for motor vehicle emission control--see section
211(c)(4)(B)]. For certain types of mobile source emission standards,
the State of California may request a waiver (for motor vehicles) or
authorization (for off-road engines and equipment) for standards
relating to the control of emissions and accompanying enforcement
procedures. See CAA sections 209(b) (new motor vehicles) and 209(e)(2)
(most categories of new and in-use off-road vehicles).
---------------------------------------------------------------------------

\1\ EPA regulations refer to ``nonroad'' vehicles and engines
whereas California regulations refer to ``off-road'' vehicles and
engines. These terms refer to the same types of vehicles and
engines, and for the purposes of this action, we will be using the
state's chosen term, ``off-road,'' to refer to such vehicles and
engines.

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[[Page 14447]]

Over the years, the California Air Resources Board (CARB) has
submitted many requests for waiver or authorization of its standards
and other requirements relating to the control of emissions from new
on-road and new and in-use off-road vehicles and engines, and the EPA
has granted many such requests. For example, the EPA has granted
waivers for CARB's Low Emission Vehicle (LEV III) criteria pollutant
standards for light- and medium-duty vehicles, and has authorized
emissions standards for off-road vehicle categories. See, e.g., 78 FR
2112 (January 9, 2013) (Advanced Clean Cars) and 80 FR 76468 (December
9, 2015) (Off-Road Large Spark-Ignition Engines).
Also over the years, CARB has submitted, and the EPA has approved,
many local or regional California air district rules regulating
stationary source emissions as part of the California SIP. See
generally 40 CFR 52.220(c). With respect to mobile sources in general,
California has submitted, and the EPA has approved, certain specific
state regulatory programs, such as the in-use, heavy-duty, diesel-
fueled truck rule, various fuels regulations, and the vehicle
inspection and maintenance program (I/M, also known as ``smog check'').
See, e.g., 77 FR 20308 (April 4, 2012) (in-use truck and bus
regulation), 75 FR 26653 (May 12, 2010) (revisions to California on-
road reformulated gasoline and diesel fuel regulations) and 75 FR 38023
(July 1, 2010) (revisions to California motor vehicle I/M program).
California relies on these local, regional, and state stationary
and mobile source regulations to meet various CAA requirements and
includes the corresponding emissions reductions in the various regional
air quality plans developed to attain and maintain the NAAQS. The EPA
generally allows California to take credit for the corresponding
emissions reductions relied upon in the various regional air quality
plans because, among other reasons, the regulations are approved as
part of the SIP and are thereby federally enforceable as required under
CAA section 110(a)(2)(A).
However, California also relies on emissions reductions from the
regulations for which the EPA has previously granted waivers or
authorizations, and historically, the EPA has approved regional air
quality plans that take credit for emissions reductions from such
regulations, notwithstanding the fact that California has not submitted
these particular regulations as part of the California SIP.
The EPA's longstanding practice of approving California plans that
rely on emissions reductions from such ``waiver measures,''
notwithstanding the lack of approval as part of the SIP, was challenged
in several petitions filed in the Ninth Circuit Court of Appeals. In a
2015 decision, the Ninth Circuit held in favor of the petitioners on
this issue and concluded that CAA section 110(a)(2)(A) requires that
all state and local control measures on which SIPs rely to attain the
NAAQS be included in the SIP and thereby subject to enforcement by the
EPA and members of the general public. See Committee for a Better Arvin
v EPA, 786 F.3d 1169 (9th Cir. 2015).
In response to the decision in Committee for a Better Arvin v. EPA,
CARB submitted SIP revisions on August 14, 2015, and December 7, 2016,
consisting of state mobile source regulations that establish standards
and other requirements for the control of emissions from various new
on-road and new and in-use off-road vehicles and engines for which the
EPA has issued waivers or authorizations and that are relied upon by
California regional plans to attain and maintain the NAAQS. The EPA
finalized its approval of CARB's August 14, 2015 submittal at 81 FR
39424 (June 16, 2016). In today's action, the EPA is finalizing CARB's
December 7, 2016 SIP revision submittal.

II. The State's Submittal

A. What regulations did the state submit?

On December 7, 2016, CARB submitted a SIP revision that included a
set of state mobile source regulations for which waivers or
authorizations have been granted by the EPA under section 209 of the
CAA since August 2015. The SIP revision consists of the regulations
themselves and documentation of the public process conducted by CARB in
approving the regulations as part of the California SIP. Table 1 below
presents the contents of the SIP revision by mobile source category and
provides, for each such category, a listing of the relevant sections of
the California Code of Regulations (CCR) that establish standards and
other requirements for control of emissions from new or in-use vehicles
or engines; the corresponding date of CARB's hearing date or Executive
Officer action through which the regulations or amendments were
adopted; and the notice of decision in which the EPA granted a waiver
or authorization for the given set of regulations.

Table 1--CARB SIP Revision Submittal Summary
----------------------------------------------------------------------------------------------------------------
Date of relevant CARB
Relevant sections of hearing date or
Source category California Code of executive officer EPA notice of decision
Regulations action
----------------------------------------------------------------------------------------------------------------
2013 Amendments to the On-Board 13 CCR Sec. 1968.2, August 23, 2012....... 81 FR 78143 (November
Diagnostic (OBD) System effective for state law 7, 2016).
Requirements Passenger Cars, Light- purposes on July 31, 2013
Duty Trucks, and Medium-Duty \a\.
Vehicles and Engines (OBD II).
2013 Amendments to the OBD II 13 CCR Sec. 1968.5, August 23, 2012....... 81 FR 78143 (November
Enforcement Regulation. effective for state law 7, 2016).
purposes on July 31, 2013
\b\.
2013 Amendments to the Heavy-Duty 13 CCR Sec. 1971.1, August 23, 2012....... 81 FR 78149 (November
Engine OBD System Requirements (HD effective for state law 7, 2016).
OBD). purposes on July 31, 2013
\a\.
2013 Amendments to HD OBD 13 CCR Sec. 1971.5, August 23, 2012....... 81 FR 78149 (November
Enforcement Regulation. effective for state law 7, 2016).
purposes on July 31, 2013
\b\.
2008 Amendments to the Off-Road 13 CCR Sec. 2433, November 21, 2008..... 80 FR 76468 (December
Large Spark-Ignition (LSI) effective for state law 9, 2015).
Regulation. purposes on October 20,
2009.
2010 Amendments to Off-Road LSI 13 CCR Sec. 2775, 2775.1, December 17, 2010..... 80 FR 76468 (December
Fleet Regulation. and 2775.2, effective for 9, 2015).
state law purposes on
December 14, 2011.
2011 Amendments to Small Off-Road 13 CCR Sec. Sec. 2403, December 16, 2011..... 80 FR 76971 (December
Engines (SORE) Regulation. 2404, and 2407, effective 11, 2015).
for state law purposes on
January 10, 2013.

[[Page 14448]]

2011 Amendments to Tier 4 Off-Road 13 CCR Sec. Sec. 2421, December 16, 2011..... 80 FR 76971 (December
Compression-Ignition (CI) Engines 2423, 2424, 2425, 2425.1, 11, 2015).
Regulation. 2426, and 2427, effective
for state law purposes on
January 10, 2013 \c\.
2010 Amendments to Certification 13 CCR Sec. Sec. 2412, December 16, 2011..... 80 FR 76971 (December
Fuel for Off-Road Spark-Ignition 2433, 2447, 2783 and 2784, 11, 2015).
(SI) Engines, Equipment and effective for state law
Vehicles \d\. purposes on January 10,
2013.
----------------------------------------------------------------------------------------------------------------
NOTES:
\a\ Excluding the definitions of the terms ``emission standard,'' ``evaporative emission standards,'' and
``exhaust emission standards'' or ``tailpipe emission standards.''
\b\ Excluding the definition of the term ``nonconforming OBD system.''
\c\ Excluding the optional alternative non-methane hydrocarbon (NMHC) \2\ plus oxides of nitrogen (NOX) Tier 4
exhaust emission standards and associated family emission limits.
\d\ Includes Off-Road LSI, Off-Highway Recreational Vehicles and Engines (OHRV), and Spark-Ignition Marine
Engines (SIME) off-road mobile source categories.

The regulations submitted by CARB and listed in table 1 incorporate
by reference documents that establish test procedures and labeling
specifications, among other things, and CARB submitted the documents as
part of the overall SIP revision. Table 2 lists the incorporated
documents included in the SIP submittal.
---------------------------------------------------------------------------

\2\ NMHC and reactive organic gases (ROG) are terms used by
California in their air quality plans and regulations. NMHC and ROG
are essentially synonymous with volatile organic compounds (VOCs).

Table 2--Documents Incorporated by Reference in CARB Regulations Listed
in Table 1, Above, and Submitted as Part of SIP Revision
------------------------------------------------------------------------

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Off-Road LSI Engines:
California Exhaust and Evaporative Emission Standards and Test
Procedures for New 2010 and Later Off-Road Large Spark-Ignition
Engines, as last amended November 21, 2008.
California Exhaust and Evaporative Emission Standards and Test
Procedures for New 2010 and Later Off-Road Large Spark-Ignition Engines
(2010 and Later Test Procedure 1048), as last amended October 25, 2012.
California Exhaust and Evaporative Emission Standards and Test
Procedures for New 2007 and Later Off-Road Large Spark-Ignition Engines
(Test Procedures 1065 and 1068), as last amended October 25, 2012.
Small Off-Road Engines (SORE):
Test Procedure for Determining Permeation Emissions from Small Off-Road
Engines and Equipment Fuel Tanks (TP-901), adopted July 26, 2004.
Test Procedure for Determining Diurnal Evaporative Emissions from Small
Off-Road Engines and Equipment (TP-902), adopted July 26, 2004.
Certification and Approval Procedure for Small Off-Road Engine Fuel
Tanks (CP-901), adopted July 26, 2004.
Certification and Approval Procedures for Evaporative Emission Control
Systems (CP-902), adopted July 26, 2004.
California Exhaust Emission Standards and Test Procedures for 2005-2012
Small Off-Road Engines, as last amended October 25, 2012.
California Exhaust Emission Standards and Test Procedures for New 2013
and Later Small Off-Road Engines; Engine-Testing Procedures (Part
1054), adopted October 25, 2012.
California Exhaust Emission Standards and Test Procedures for New 2013
and Later Small Off-Road Engines; Engine-Testing Procedures (Part
1065), adopted October 25, 2012.
Off-Road Compression-Ignition (OFCI) Engines:
California Exhaust Emission Standards and Test Procedures for New 2008-
2010 and Later Tier 4 Off-Road Compression-Ignition Engines, as last
amended October 25, 2012.
California Exhaust Emission Standards and Test Procedures for New 2011
and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-D, as
last amended October 25, 2012.\a\
California Exhaust Emission Standards and Test Procedures for New 2011
and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-F, as
last amended October 25, 2012.
California Exhaust Emission Standards and Test Procedures for New 2011
and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-E, as
adopted October 25, 2012.
Off-Highway Recreational Vehicles and Engines (OHRVs):
California Exhaust Emission Standards and Test Procedures for 1997 and
Later Off-Highway Recreational Vehicles and Engines, as last amended
October 25, 2012.
Spark-Ignition Marine Engines (SIME):
California Exhaust Emission Standards and Test Procedures for 2001 Model
Year and Later Spark-Ignition Marine Engines, as last amended October
25, 2012.
------------------------------------------------------------------------
Note:
\a\ Excluding optional alternative NMHC plus NOX Tier 4 exhaust emission
standards and associated family emission limits.

We note that CARB has expressly excluded from the December 7, 2016,
SIP submittal certain amended provisions of California code that were
not included in the related authorization request from CARB to the EPA
and thus not included in the EPA's authorization. These provisions
pertain to an optional alternative NMHC plus NOX Tier 4
exhaust emission standards and associated family emission limits for
OFCI engines; however, the optional alternative was no longer available
after December 31, 2014.

[[Page 14449]]

B. Are there other versions of these regulations?

As noted previously, the CAA generally assigns to the EPA the
responsibility of establishing standards for the control of emissions
from mobile sources. However, the State of California was a pioneer in
establishing standards for the control of emissions from new motor
vehicles, and, in part due to the state's pioneering efforts, Congress
established in 1967 a process under which California, alone among the
states, would be granted a waiver from preemption (if certain criteria
are met) and thereby enforce its own standards and other requirements
for the control of emissions from new motor vehicles. In the 1990 CAA
Amendments, Congress extended a similar process that had been
established under section 209 for new motor vehicles to new and in-use
off-road vehicles and engines. See CAA section 209(e)(2). Under the
1990 CAA Amendments, the EPA must authorize California standards for
the control of emissions of off-road vehicles and engines if certain
criteria are met.
The first waiver granted was for California's On-Road Emissions
Standards for Model Year (MY) 1968. See 33 FR 10160 (July 16, 1968).
Since then, there have been dozens of waivers and authorizations
granted by the EPA for new and amended CARB mobile source regulations.
The EPA's Office of Transportation and Air Quality maintains a Web site
that provides a general description of the waiver and authorization
process and lists all of the various waivers and authorizations granted
by the Agency to CARB over the years. See https://www.epa.gov/otaq/cafr.htm.
Historically, as noted above, CARB regulations subject to the
section 209 waiver or authorization process were not submitted to the
EPA as a revision to the California SIP. However, in the wake of the
Ninth Circuit's decision in Committee for a Better Arvin v. EPA, on
August 14, 2015, CARB submitted a large set of mobile source
regulations to the EPA as a SIP revision and the EPA took final
approval action on this first set of regulations on June 16, 2016 (81
FR 39424). CARB's initial set of regulations included regulations
establishing standards and other requirements relating to the control
of emissions from new on-road vehicles and engines, including certain
requirements related to OBD systems, and from new and in-use off-road
vehicles and engines, including LSI, SORE, CI, OHRV and SIME categories
of vehicles and engines. CARB's December 7, 2016 SIP revision submittal
contains certain amended OBD regulations for new on-road vehicles and
engines and certain amendments to the regulations affecting LSI, SORE,
CI, OHRV, and SIME categories of off-road vehicles and engines.

C. What is the purpose of the submitted regulations?

Historically, California has experienced some of the most severe
and most persistent air pollution problems in the country. Under the
CAA, based on ambient data collected at numerous sites throughout the
state, the EPA has designated areas within California as nonattainment
areas for the ozone NAAQS and the particulate matter (PM) NAAQS, which
includes both coarse and fine particulate (i.e., PM10 and
PM2.5). See, generally, 40 CFR 81.305. California also
includes a number of areas that had been designated as nonattainment
areas for the carbon monoxide NAAQS that the EPA has redesignated as
attainment areas because they have attained the standard and are
subject to an approved maintenance plan demonstrating how they will
maintain the carbon monoxide standard into the future.
Mobile source emissions constitute a significant portion of overall
emissions of carbon monoxide, volatile organic compounds (VOC), oxides
of nitrogen (NOX), sulfur dioxide (SO2) and PM in
the various air quality planning areas within California, and thus, the
purpose of CARB's mobile source regulations is to reduce these
emissions and thereby reduce ambient concentrations to attain and
maintain the NAAQS throughout California.\3\ At elevated levels, ozone
and PM harm human health and the environment by contributing to
premature mortality, aggravation of respiratory and cardiovascular
disease, decreased lung function, visibility impairment, and damage to
vegetation and ecosystems.
---------------------------------------------------------------------------

\3\ VOC and NOX are precursors responsible for the
formation of ozone, and NOX and SO2 are
precursors for PM2.5. SO2 belongs to a family
of compounds referred to as sulfur oxides. PM2.5
precursors also include VOC and ammonia. See 40 CFR 51.1000.
---------------------------------------------------------------------------

D. What requirements do the regulations establish?

Table 3 below generally describes the amended regulations listed in
table 1 above and summarizes some of the key emissions control
requirements contained in the rules.

Table 3--General Description of Requirements Established in the Mobile
Source Regulations Included in the December 7, 2016 SIP Revision
------------------------------------------------------------------------
Description of requirements in submitted
Source category regulation
------------------------------------------------------------------------
OBD II System Requirements The amendments to the OBD II system
for Passenger Cars, Light- requirements are found in 13 CCR Sec.
Duty Trucks, and Medium-Duty 1968.2, and they became effective for
Vehicles and Engines. state law purposes on July 31, 2013. The
OBD II amendments primarily affect
medium-duty vehicles, to align the OBD
II monitoring requirements with those
adopted by CARB for heavy-duty diesel
engines. For more information about
CARB's OBD II regulations, see 81 FR
78143 (November 7, 2016).
OBD System Requirements for The amendments to the HD OBD system
On-Road Heavy-Duty Engines requirements are found in 13 CCR Sec.
(HD OBD). 1971.1, and they became effective for
state law purposes on July 31, 2013. The
amendments primarily affect the
monitoring and performance requirements
of HD OBD systems. Specifically, the
amendments ``accelerate the start date
for OBD system implementation on
alternate-fueled engines from the 2020
MY to the 2018 MY, relax some
requirements for OBD systems on heavy-
duty hybrid vehicles for the 2013
through 2015 MY, relax malfunction
thresholds for three major emission
control systems (i.e., PM filters, NOX
catalysts, and NOX sensors) on diesel
engines until the 2016 MY, delay
monitoring requirements for some diesel-
related components until 2015 to provide
further lead time for emission control
strategies to stabilize, and clarify
requirements for several monitors and
standardization.'' See 81 FR 78149 at
78150 (November 7, 2016).

[[Page 14450]]

OBD II and HD OBD Enforcement The amendments to the OBD II and HD OBD
Regulations. enforcement regulations are found in 13
CCR Sec. Sec. 1968.5 and 1971.5,
respectively, and they became effective
for state law purposes on July 31, 2013.
The amendments align the enforcement
regulations with the proposed diesel-
related changes to the OBD II and HD OBD
regulations, specifically the selection
criteria of engines/vehicles for the
test sample group and the mandatory
recall provisions for diesel engines.
For more information about CARB's OBD II
and HD OBD regulations, see 81 FR 78143
(November 7, 2016) and 81 FR 78149
(November 7, 2016).
Off-Road LSI Engines......... The amendments to the LSI new engine
emissions standards are found in 13 CCR
Sec. 2433, and they became effective
for state law purposes on October 20,
2009. The LSI new engine amendments
create two new subcategories of LSI
engines (i.e., LSI engines less than or
equal to 825 cubic centimeters (cc) and
LSI engines greater than 825 cc but less
than 1.0 liter) and establish exhaust
emission standards for new 2011 and
subsequent MY LSI engines in each of
these new subcategories and establish
more stringent standards for the 825 cc
through 1 liter subcategory beginning
with the 2015 MY. The amendments to LSI
fleet requirements are found in 13 CCR
Sec. Sec. 2775, 2775.1, and 2775.2
and effective for state law purposes on
December 14, 2011. The LSI fleet
amendments establish provisions that
enhance the compliance flexibility
provisions of the existing LSI Fleet
regulation. For more information about
CARB's LSI regulations, see 80 FR 76468
(December 9, 2015).
Small Off-Road Engines (SORE) The amendments are found in 13 CCR Sec.
Sec. 2403, 2404, and 2407, and various
new or amended test procedures for SORE;
these amendments became effective for
state law purposes on January 10, 2013.
The SORE amendments modify California's
existing SORE test procedures by
aligning California procedures to be
consistent with recent amendments by the
EPA to the federal certification and
exhaust emission testing requirements at
40 CFR Parts 1054 and 1065. For more
information about CARB's SORE
regulations, see 80 FR 76971 (December
11, 2015).
Tier 4 Off-Road Compression- The amendments are found in 13 CCR Sec.
Ignition (CI) Engines. Sec. 2421, 2423, 2424, 2425, 2425.1,
2426, and 2427, and in various new or
amended test procedures for off-road CI
engines. The amendments became effective
for state law purposes on January 10,
2013. The off-road CI engine amendments
enhance the harmonization of CARB's
exhaust emission requirements for new
off-road CI engines with the
corresponding federal emissions
requirements for nonroad CI engines set
forth in 40 CFR Parts 1039, 1065, and
1068. For more information about CARB's
Tier 4 off-road CI engine regulations,
see 80 FR 76971 (December 11, 2015).
Certification Fuel for Off- The amendments are found in 13 CCR Sec.
Road CI and SI Engines, Sec. 2412, 2433, 2447, 2783, and 2784,
Equipment and Vehicles. and in various new or amended test
procedures for SORE, off-road CI
engines, LSI engines, OHRV, and
recreational marine SI engines. The
amendments became effective for state
law purposes on January 10, 2013. The
amendments to the certification test
fuel for off-road SI, gasoline-fueled
engines allow the use of 10-percent
ethanol-blend of gasoline as an option
for certification exhaust emission
testing of new gasoline-fueled SORE,
LSI, recreational marine, and OHRV off-
road categories from the 2013 through
2019 MY, and requires its use for such
purposes for these categories beginning
with the 2020 MY. For more information,
see 80 FR 76971 (December 11, 2015).
------------------------------------------------------------------------

III. EPA's Evaluation and Final Action

A. How is the EPA evaluating the regulations?

The EPA has evaluated the submitted regulations discussed above
against the applicable procedural and substantive requirements of the
CAA for SIPs and SIP revisions and has concluded that they meet all of
the applicable requirements. Generally, SIPs must include enforceable
emission limitations and other control measures, means, or techniques,
as well as schedules and timetables for compliance, as may be necessary
to meet the requirements of the Act [see CAA section 110(a)(2)(A)];
must provide necessary assurances that the state will have adequate
personnel, funding, and authority under state law to carry out such SIP
(and is not prohibited by any provision of federal or state law from
carrying out such SIP) [see CAA section 110(a)(2)(E)]; must be adopted
by a state after reasonable notice and public hearing [see CAA section
110(l)], and must not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable requirement of the Act [see CAA section 110(l)].\4\
---------------------------------------------------------------------------

\4\ CAA section 193, which prohibits any pre-1990 SIP control
requirement relating to nonattainment pollutants in nonattainment
areas from being modified unless the SIP is revised to insure
equivalent or greater emission reductions of such air pollutants,
does not apply to these regulations because they amend regulations
previously approved in the California SIP in 2016, and thus, do not
constitute an amendment to a pre-1990 SIP control requirement.
---------------------------------------------------------------------------

B. Do the state regulations meet CAA SIP evaluation criteria?

1. Did the state provide adequate public notification and comment
periods?
Under CAA section 110(l), SIP revisions must be adopted by the
state, and the state must provide for reasonable public notice and
hearing prior to adoption. In 40 CFR 51.102(d), we specify that
reasonable public notice in this context refers to at least 30 days.
All of the submitted regulations have gone through extensive public
comment processes including CARB's workshop and hearing processes prior
to state adoption of each rule. Also, the EPA's waiver and
authorization processes provide an opportunity for the public to
request public hearings to present information relevant to the EPA's
consideration of CARB's request for waiver or authorization under
section 209 of the CAA and to submit written comment.
In addition, on June 19, 2015, CARB published a notice of public
hearing to be held on July 23, 2015, to consider adoption and submittal
of certain adopted regulations, including those submitted to the EPA on
August 15,

[[Page 14451]]

2015 (and for which the EPA has already taken action) and those
submitted to the EPA on December 7, 2016, as a revision to the
California SIP. CARB held the public hearing on July 23, 2015. No
written comments were submitted to CARB in connection with the proposed
SIP revision, and no public comments were made at the public hearing.
CARB adopted the SIP revision at the July 23, 2015 Board Hearing (see
Board Resolution 15-40), and submitted the relevant mobile source
regulations to the EPA along with evidence of the public process
conducted by CARB in adopting the SIP revision. We conclude that CARB's
December 7, 2016, SIP revision submittal meets the applicable
procedural requirements for SIP revisions under the CAA section 110(l)
and 40 CFR 51.102.
2. Does the state have adequate legal authority to implement the
regulations?
CARB has been granted both general and specific authority under the
California Health & Safety Code (H&SC) to adopt and implement these
regulations. California H&SC sections 39600 (``Acts required'') and
39601 (``Adoption of regulation; Conformance to federal law'') confer
on CARB the general authority and obligation to adopt regulations and
measures necessary to execute CARB's powers and duties imposed by state
law. California H&SC sections 43013(a) and 43018 provide broad
authority to achieve the maximum feasible and cost-effective emission
reductions from all mobile source categories. Regarding in-use motor
vehicles, California H&SC sections 43600 and 43701(b), respectively,
grant CARB authority to adopt emission standards and emission control
equipment requirements.
As a general matter, as noted above, the CAA assigns mobile source
regulation to the EPA through title II of the Act and assigns
stationary source regulation and SIP development responsibilities to
the states through title I of the Act. In so doing, the CAA preempts
various types of state regulation of mobile sources as set forth in
section 209(a) (preemption of state emissions standards for new motor
vehicles and engines), section 209(e) (preemption of state emissions
standards for new and in-use nonroad vehicles and engines) and section
211(c)(4)(A) [preemption of state fuel requirements for motor vehicles,
i.e., other than California's motor vehicle fuel requirements for motor
vehicle emission control--section 211(c)(4)(B)]. For certain types of
mobile source standards, the State of California may request a waiver
(for motor vehicles) or authorization (for off-road vehicles or
engines) for standards relating to the control of emissions and
accompanying enforcement procedures. See CAA sections 209(b) (new motor
vehicles) and 209(e)(2) (most categories of new and in-use off-road
vehicles).
The mobile source regulations that are the subject of today's
direct final rule were submitted by CARB under CAA section 209 with a
request for waiver or authorization and for which the EPA has granted
such waiver or authorization. Thus, the regulations approved today are
not preempted under the CAA. For additional information regarding
California's motor vehicle emission standards, please see the EPA's
``California Waivers and Authorizations'' Web page at URL address:
https://www.epa.gov/otaq/cafr.htm. This Web site also lists relevant
Federal Register notices that have been issued by the EPA in response
to California waiver and authorization requests.
In addition, the EPA is unaware of any non-CAA legal obstacle to
CARB's enforcement of the regulations and thus we conclude that the
state has provided the necessary assurances that the state has adequate
authority under state law to carry out the SIP revision (and is not
prohibited by any provision of federal or state law from carrying out
such SIP) and thereby meets the requirements of CAA section
110(a)(2)(E) with respect to legal authority.
3. Are the regulations enforceable as required under CAA section
110(a)(2)?
We have evaluated the enforceability of the amended mobile source
regulations with respect to applicability and exemptions; standard of
conduct and compliance dates; sunset provisions; discretionary
provisions; and test methods, recordkeeping and reporting,\5\ and have
concluded for the reasons given below that the proposed regulations
would be enforceable for the purposes of CAA section 110(a)(2).
---------------------------------------------------------------------------

\5\ These concepts are discussed in detail in an EPA memorandum
from J. Craig Potter, EPA Assistant Administrator for Air and
Radiation, et al., titled ``Review of State Implementation Plans and
Revisions for Enforceability and Legal Sufficiency,'' dated
September 23, 1987.
---------------------------------------------------------------------------

First, with respect to applicability, we find that the amended
regulations would be sufficiently clear as to which persons and which
vehicles or engines are affected by the regulations. See, e.g., 13 CCR
section 2775 (applicability provision for off-road LSI engine fleet
requirements).
Second, we find that the amended regulations would be sufficiently
specific so that the persons affected by the regulations would be
fairly on notice as to what the requirements and related compliance
dates are. For instance, see the fleet average emission level standards
for large and medium forklift fleets and non-forklift fleets in 13 CCR
section 2775.1(a). Third, none of the submitted regulations contain
sunset provisions that automatically repeal the emissions limits by a
given date or upon the occurrence of a particular event, such as the
change in the designation of an area from nonattainment to attainment.
Fourth, a number of the amended regulations contain provisions that
allow for discretion on the part of CARB's Executive Officer. Such
``director's discretion'' provisions can undermine enforceability of a
SIP regulation, and thus prevent full approval by the EPA. However, in
the instances of ``director's discretion'' in the submitted
regulations, the discretion that can be exercised by the CARB Executive
Officer is reasonably limited under the terms of the regulations. For
instance, the HD OBD requirements in 13 CCR section 1971.1 allow a
manufacturer to request that the Executive Officer approve to use an
alternate definition for engine start (e.g., ignition key ``on'') for
hybrid vehicles or for engines employing alternate engine start
hardware or strategies (e.g., integrated starter and generators);
however, Executive Officer approval of the alternate definition must be
based on equivalence to an engine start for a conventional vehicle.
With such constraints on discretion, the ``director's discretion''
contained in the amended regulations would not significantly undermine
enforceability of the rules by citizens or the EPA.
Lastly, the amended regulations identify appropriate test methods
and includes adequate recordkeeping and reporting requirements
sufficient to ensure compliance with the applicable requirements. The
technical support document provides more detail concerning the contents
of the amended regulations.
4. Do the regulations interfere with reasonable further progress and
attainment or any other applicable requirement of the Act?
All of the state's reasonable further progress (RFP), attainment,
and maintenance plans rely to some extent on the emission reductions
from CARB's mobile source program, including the emissions standards
and other requirements for which the EPA has issued waivers or
authorizations. For some plans, the reliance is substantial

[[Page 14452]]

and for others the reliance is less. CARB's mobile source program is
reflected in the emissions estimates for mobile sources that are
included in the emissions inventories that form the quantitative basis
for the RFP, attainment, and maintenance demonstrations. As such,
CARB's mobile source regulations submitted for approval as a revision
to the California SIP support the various RFP, attainment, and
maintenance plans, and would not interfere with such requirements for
the purposes of CAA section 110(l).
5. Will the state have adequate personnel and funding for the
regulations?
In its SIP revision submittal dated August 14, 2015, CARB refers to
the annual approval by the California Legislature of funding and staff
resources for carrying out CAA-related responsibilities and notes that
a large portion of CARB's budget has gone toward meeting CAA
mandates.\6\ CARB indicates that a majority of CARB's funding comes
from dedicated fees collected from regulated emission sources and other
sources such as vehicle registration fees and vehicles license plate
fees and that these funds can only be used for air pollution control
activities. Id. For the 2014-2015 budget cycle, CARB had over 700
positions and almost $500 million dedicated for the mobile source
program developing and enforcing regulations. Id. Given the
longstanding nature of CARB's mobile source program, and its documented
effectiveness at achieving significant reductions from mobile sources,
we find that CARB has provided necessary assurances that the state has
adequate personnel and funding to carry out the amended mobile source
regulations submitted for approval on December 7, 2016.
---------------------------------------------------------------------------

\6\ Letter from Richard W. Corey, Executive Officer, CARB, to
Jared Blumenfeld, Regional Administrator, EPA Region IX, August 14,
2015.
---------------------------------------------------------------------------

6. EPA's Evaluation Conclusion
Based on the above discussion, we believe these regulations are
consistent with the relevant CAA requirements and with relevant EPA
policies and guidance.

C. Final Action and Public Comment

Under section 110(k)(3) of the CAA, and for the reasons given
above, we are approving a SIP revision submitted by CARB on December 7,
2016, that includes certain sections of title 13 of the California Code
of Regulations that establish standards and other requirements relating
to the control of emissions from new and in-use on-road and off-road
vehicles and engines. We are approving these regulations as part of the
California SIP because we believe they fulfill all relevant CAA
requirements. We do not think anyone will object to this approval, so
we are finalizing it without proposing it in advance. However, in the
Proposed Rules section of this Federal Register, we are simultaneously
proposing approval of the same submitted rules. If we receive adverse
comments by April 20, 2017, we will publish a timely withdrawal in the
Federal Register to notify the public that the direct final approval
will not take effect and we will address the comments in a subsequent
final action based on the proposal. If we do not receive timely adverse
comments, the direct final approval will be effective without further
notice on May 22, 2017. This will incorporate these rules into the
federally enforceable SIP.
Please note that if the EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, the EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment.

IV. Incorporation by Reference

In this rule, the EPA is finalizing rule regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of
certain sections of title 13 of the California Code of Regulations that
establish standards and other requirements relating to the control of
emissions from new on-road and new and in-use off-road vehicles and
engines, as described in section II of this preamble. Therefore, these
materials have been approved by the EPA for inclusion in the State
Implementation Plan, have been incorporated by reference by the EPA
into that plan, are fully federally enforceable under sections 110 and
113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference by the Director
of the Federal Register in the next update to the SIP compilation.\7\
The EPA has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and/or in hard
copy at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).
---------------------------------------------------------------------------

\7\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a

[[Page 14453]]

tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 22, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that the EPA can withdraw this direct final rule and address the
comment in the proposed rulemaking. This action may not be challenged
later in proceedings to enforce its requirements (see section
307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

Dated: January 18, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220a as amended as follows:
0
a. In paragraph (c), table 1 is amended by:
0
i. By adding entries for ``1968.2(a), (c) (excluding ``emission
standard,'' ``evaporative emission standards,'' and ``exhaust emission
standards'' or ``tailpipe emission standards''), (d)(3), (d)(4),
(e)(6), (e)(15), (f)(1)-(f)(9), (f)(12), (f)(13), (f)(15), (f)(17),
(h)(4), (i)(1), (i)(2), and (j)(2)'' and ``1968.5(a)(3) (excluding
``nonconforming OBD II system''), (b)(3), (b)(6), and (c)(3)'' after
the three entries for ``1965'';
0
ii. By revising the entry for ``1971.1'';
0
iii. By adding an entry for ``1971.5(a)(3) (excluding amendments to the
existing definition for ``nonconforming OBD system''), (b)(3), (b)(6)
and (d)(3)'', after the entry for ``1971.5'';
0
iv. By adding an entry for ``2403(b)(2)(B) and (d)'' after the entry
for ``2403(b)(2), (b)(3), (b)(4), (d), (e)(1)'';
0
v. By adding an entry for ``2404(c)(4)(A)'' after the entry for
``2404(m)(1), (m)(2), (m)(3)'';
0
vi. By adding an entry for ``2407(a)(7)'' after the entry for
``2406(b)(1), (b)(2)'';
0
vii. By adding an entry for ``2412(c) and (d)(1)'' after the entry for
``2412'';
0
viii. By adding an entry for ``2421(a)(1)-(a)(4), (a)(15), (a)(19)-
(a)(65)'' after the entry for ``2421'';
0
ix. By adding an entry for ``2423(a), (b) (excluding optional
alternative NOX + NMHC standards and associated family
emission limits), (c), (d), (e), (f), (g), (h), (j), (k), (l) and (m)''
after the entry for ``2423'';
0
x. By adding an entry for ``2424(a), (b), (c) and (l)'' after the entry
for ``2424(a)'';
0
xi. By adding an entry for ``2425(a)'' after the entry for ``2425(e)'';
0
xii. By revising the entry for ``2425.1'';
0
xiii. By adding an entry for ``2426(a) and (b)'' after the entry for
``2426'';
0
xiv. By adding an entry for ``2427(c)'' after the entry for ``2427'';
0
xv. By adding entries for ``2433(b)(1)(A), (b)(2), (b)(3), (b)(4),
(b)(5), (c) and (d)'' and ``2433(c) and (d)(1)'' after the entry for
``2433'';
0
xvi. By revising the entries for ``2447'', ``2775'', ``2775.1'', and
``2775.2'';
0
xvii. By adding a new table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road
Vehicles and Engines Pollution Control Requirements), Article 3
(Verification Procedure, Warranty, and In-Use Compliance Requirements
for Retrofits to Control Emissions from Off-Road Large Spark-Ignition
Engines)'' after the revised entry ``2775.2''; and under the new
heading, adding entries for ``2783(d)(1)-(d)(4)'' and ``2784(c)(1)-
(c)(4)'';
and
0
b. Paragraph (c), table 2 is amended by:
0
i. By adding an entry for ``California Exhaust and Evaporative Emission
Standards and Test Procedures for New 2010 and Later Off-Road Large
Spark-Ignition Engines, (2010 and Later Test Procedure 1048), amended
November 21, 2008'' and ``California Exhaust and Evaporative Emission
Standards and Test Procedures for New 2010 and Later Off-Road Large
Spark-Ignition Engines, (2010 and Later Test Procedure 1048), amended
October 25, 2012'' after the entry for ``California Exhaust and
Evaporative Emission Standards and Test Procedures for New 2010 and
Later Off-Road Large Spark-Ignition Engines, (2010 and Later Test
Procedure 1048), adopted March 2, 2007'';
0
ii. By adding entries for ``California Exhaust and Evaporative Emission
Standards and Test Procedures for New 2007 and Later Off-Road Large
Spark-Ignition Engines (Test Procedures 1065 and 1068), amended October
25, 2012'', ``Small Off-Road Engine and Equipment Evaporative Emissions
Test Procedure (TP-901), adopted July 26, 2004'', ``Small Off-Road
Engine and Equipment Evaporative Emissions Test Procedure (TP-902),
adopted July 26, 2004'', ``Small Off-Road Engine Evaporative Emission
Control System Certification Procedure (CP-901), adopted July 26,
2004'', and ``Small Off-Road Engine Evaporative Emission Control System
Certification Procedure (CP-902), adopted July 26, 2004'' after the
entry for ``California Exhaust and Evaporative Emission Standards and
Test Procedures for New 2007 and Later Off-Road Large Spark-Ignition
Engines (Test Procedures 1065 and 1068), adopted March 2, 2007'';
0
iii. By adding entries for ``California Exhaust Emission Standards and
Test Procedures for 2005 and Later Small Off-Road Engines, as last
amended October 25, 2012'', ``California Exhaust

[[Page 14454]]

Emission Standards and Test Procedures for New 2013 and Later Small
Off-Road Engines, Engine-Testing Procedures (Part 1054), adopted
October 25, 2012'' and ``California Exhaust Emission Standards and Test
Procedures for New 2013 and Later Small Off-Road Engines, Engine-
Testing Procedures (Part 1065), adopted October 25, 2012'' after the
entry for ``California Exhaust Emission Standards and Test Procedures
for 2005 and Later Small Off-Road Engines, as last amended February 24,
2010'';
0
iv. By adding entries for ``California Exhaust Emission Standards and
Test Procedures for New 2008-2010 Tier 4 Off-Road Compression-Ignition
Engines, Part I-C, as last amended October 25, 2012'', ``California
Exhaust Emission Standards and Test Procedures for New 2011 and Later
Tier 4 Off-Road Compression-Ignition Engines, Part I-D, as last amended
October 25, 2012 (excluding optional alternative NOX + NMHC
standards and associated family emission limits in Sec. 1039.102(e)'',
``California Exhaust Emission Standards and Test Procedures for New
2011 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-F,
as last amended October 25, 2012'', and ``California Exhaust Emission
Standards and Test Procedures for New 2011 and Later Tier 4 Off-Road
Compression-Ignition Engines, Part I-E, adopted October 25, 2012''
after the entry for ``California Exhaust Emission Standards and Test
Procedures for New 2008 and Later Tier 4 Off-Road Compression-Ignition
Engines, Part I-C, adopted October 20, 2005'';
0
v. By adding an entry for ``California Exhaust Emission Standards and
Test Procedures for 2001 Model Year and Later Spark-Ignition Marine
Engines, as last amended October 25, 2012'' after the entry for
``California Exhaust Emission Standards and Test Procedures for 2001
Model Year and Later Spark-Ignition Marine Engines, as last amended
June 5, 2009''; and
0
vi. By adding an entry for ``California Exhaust Emissions Standards and
Test Procedures for 1997 and Later Off-Highway Recreational Vehicles
and Engines, as last amended October 25, 2012'' after the entry for
``California Exhaust Emissions Standards and Test Procedures for 1997
and Later Off-Highway Recreational Vehicles, and Engines, as last
amended August 15, 2007''.
The additions and revisions read as follows:

Sec. 52.220a Identification of plan--in part.

* * * * *
(c) * * *

Table 1--EPA-Approved Statutes and State Regulations 1
----------------------------------------------------------------------------------------------------------------
State Additional
State citation Title/subject effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
1968.2(a), (c) (excluding Malfunction and 7/31/2013 [Insert Federal Provisions relate
``emission standard,'' Diagnostic System Register to On-Board
``evaporative emission Requirements--2004 citation], 03/21/ Diagnostic systems
standards,'' and ``exhaust and Subsequent 2017. requirements (OBD
emission standards'' or Model-Year II).
``tailpipe emission Passenger Cars,
standards''), (d)(3), (d)(4), Light-Duty Trucks,
(e)(6), (e)(15), (f)(1)-(f)(9, and Medium-Duty
(f)(12), (f)(13), (f)(15), Vehicles and
(f)(17), (h)(4), (i)(1), (i)(2), Engines.
and (j)(2).
1968.5(a)(3) (excluding Enforcement of 7/31/2013 [Insert Federal Provisions related
``nonconforming OBD II Malfunction and Register to enforcement of
system''), (b)(3), (b)(6), and Diagnostic System citation], 03/21/ OBD II
(c)(3). Requirements for 2017. requirements.
2004 and
Subsequent Model-
Year Passenger
Cars, Light-Duty
Trucks, and Medium-
Duty Vehicles and
Engines.
1971.1, excluding the following On-Board Diagnostic 7/31/2013 [Insert Federal Amends emission
definitions: ``emission System Register standards and
standard,'' ``evaporative Requirements--2010 citation], 03/21/ other requirements
emission standards,'' and and Subsequent 2017. for On-Board
``exhaust emission standards'' Model-Year Heavy- Diagnostic OBD
or ``tailpipe emission Duty Engines. (OBD) systems for
standards''). heavy-duty
vehicles.

* * * * * * *
1971.5(a)(3) (excluding Enforcement of 7/31/2013 [Insert Federal Amends certain
amendments to the existing Malfunction and Register enforcement-
definition for ``nonconforming Diagnostic System citation], 03/21/ related provisions
OBD system''), (b)(3), (b)(6) Requirements for 2017. for the OBD
and (d)(3). 2010 and systems
Subsequent Model- requirements for
Year Heavy-Duty heavy-duty
Engines. vehicles.

* * * * * * *
2403(b)(2)(B) and (d)............ Exhaust Emission 1/10/2013 [Insert Federal Amends certain
Standards and Test Register certification
Procedures--Small citation], 03/21/ requirements and
Off-Road Engines. 2017. test procedures.

* * * * * * *
2404(c)(4)(A).................... Emission Control 1/10/2013 [Insert Federal Amends the rule to
Labels and Register revise certain
Consumer citation], 03/21/ engine label
Information--1995 2017. content
and Later Small requirements.
Off-Road Engines.

[[Page 14455]]

* * * * * * *
2407(a)(7)....................... New Engine 1/10/2013 [Insert Federal Specifies use of
Compliance and Register certain test
Production Line citation], 03/21/ procedures.
Testing--New Small 2017.
Off-Road Engine
Selection,
Evaluation, and
Enforcement Action.

* * * * * * *
2412(c) and (d)(1)............... Emission Standards 1/10/2013 [Insert Federal Updates references
and Test Register to test
Procedures--New citation], 03/21/ procedures.
Off-Highway 2017.
Recreational
Vehicles and
Engines.

* * * * * * *
2421(a)(1)-(a)(4), (a)(15), Definitions........ 1/10/2013 [Insert Federal Amends and adds
(a)(19)-(a)(65). Register certain defined
citation], 03/21/ terms.
2017.

* * * * * * *
2423(a), (b) (excluding optional Exhaust Emission 1/10/2013 [Insert Federal Amends the rule to
alternative NOX + NMHC standards Standards and Test Register harmonize certain
and associated family emission Procedures--Off- citation], 03/21/ aspects of the
limits), (c), (d), (e), (f), Road Compression- 2017. California
(g), (h), (j), (k), (l) and (m). Ignition Engines. emissions
requirements with
the corresponding
federal emissions
requirements.

* * * * * * *
2424(a), (b), (c) and (l)........ Emission Control 1/10/2013 [Insert Federal Amends the rule to
Labels--1996 and Register reflect updated
Later Off-Road citation], 03/21/ test procedures
Compression- 2017. and to add
Ignition Engines. provisions
prohibiting
altering or
removal of
emission control
information labels
except under
certain
circumstances.

* * * * * * *
2425(a).......................... Defects Warranty 1/10/2013 [Insert Federal Amends the rule to
Requirements for Register apply certain
1996 and Later Off- citation], 03/21/ federal warranty-
Road Compression- 2017. related
Ignition Engines. requirements to
2011 and later
model-year
compression-
ignition engines.
2425.1........................... Defect 1/10/2013 [Insert Federal Amends the rule to
Investigation and Register reflect certain
Reporting citation], 03/21/ updated test
Requirements. 2017. procedures.

* * * * * * *
2426(a) and (b).................. Emission Control 1/10/2013 [Insert Federal Amends an existing
System Warranty Register SIP rule to make
Statement. citation], 03/21/ changes conforming
2017. to the changes
made in 13 CCR
Sec. 2423.

* * * * * * *
2427(c).......................... Production Engine 1/10/2013 [Insert Federal Amends an existing
Testing, Register SIP rule to
Selection, citation], 03/21/ reflect updated
Evaluation, and 2017. test procedures.
Enforcement Action.

[[Page 14456]]

* * * * * * *
2433(b)(1)(A), (b)(2), (b)(3), Emission Standards 10/20/2009 [Insert Federal Amends the rule
(b)(4), (b)(5), (c) and (d). and Test Register creating two new
Procedures--Off- citation], 03/21/ subcategories of
Road Large Spark 2017. LSI engines,
Ignition Engines. establishing
exhaust and
evaporative
emissions
standards for new
2011 and
subsequent model
year LSI engines
in each of these
new subcategories,
and establishing
more stringent
exhaust emissions
standards for 2015
and subsequent
model year LSI
engines with
engine
displacement 825cc
<1.0 L.
2433(c) and (d)(1)............... Emission Standards 1/10/2013 [Insert Federal Amends the rule to
and Test Register refer to updated
Procedures--Off- citation], 03/21/ test procedures.
Road Large Spark 2017.
Ignition Engines.

* * * * * * *
2447............................. California Exhaust 1/10/2013 [Insert Federal Specifies certain
Emission Standards Register test procedures.
and Test citation], 03/21/
Procedures for 2017.
2001 Model Year
and Later Spark-
Ignition Marine
Engines.

* * * * * * *
2775............................. Applicability...... 12/14/2011 [Insert Federal Applies to
Register operators of
citation], 03/21/ certain off-road
2017. LSI engine
forklifts,
sweepers/
scrubbers,
industrial tow
tractors or
airport ground
support equipment
operated within
the State of
California.
Exemptions
provided for small
fleets and certain
other equipment.
Includes
definitions.
2775.1........................... Standards.......... 12/14/2011 [Insert Federal Establishes fleet
Register average emission
citation], 03/21/ level standards
2017. with certain
exceptions.
2775.2........................... Compliance 12/14/2011 [Insert Federal Compliance and
Requirements for Register recordkeeping
Fleet Operators. citation], 03/21/ requirements,
2017. provisions for
extensions in
compliance dates.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and
Engines Pollution Control Requirements), Article 3 (Verification Procedure, Warranty, and In-Use Compliance
Requirements for Retrofits to Control Emissions from Off-Road Large Spark-Ignition Engines)
----------------------------------------------------------------------------------------------------------------
2783(d)(1)-(d)(4)................ Emissions Reduction 1/10/2013 [Insert Federal Specifies test
Testing Register fuels for
Requirements. citation], 03/21/ emissions
2017. reduction testing
purposes for
gasoline-fueled,
off-road, large
spark-ignition
engines.
2784(c)(1)-(c)(4)................ Durability 1/10/2013 [Insert Federal Specifies test
Demonstration Register fuels for
Requirements. citation], 03/21/ durability
2017. demonstration
purposes for
gasoline-fueled,
off-road, large
spark-ignition
engines.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
are cited in certain regulations listed in table 1. Approved California statutes that are nonregulatory or
quasi-regulatory are listed in paragraph (e).

[[Page 14457]]

Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications
----------------------------------------------------------------------------------------------------------------
State
Title/subject effective date EPA Approval date Additional explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
California Exhaust and Evaporative 10/20/2009 [Insert Federal Register Submitted by CARB on
Emission Standards and Test Procedures citation], 03/21/2017. December 7, 2016.
for New 2010 and Later Off-Road Large
Spark-Ignition Engines, (2010 and Later
Test Procedure 1048), amended November
21, 2008.
California Exhaust and Evaporative 1/10/2013 [Insert Federal Register Submitted by CARB on
Emission Standards and Test Procedures citation], 03/21/2017. December 7, 2016.
for New 2010 and Later Off-Road Large
Spark-Ignition Engines, (2010 and Later
Test Procedure 1048), amended October
25, 2012.

* * * * * * *
California Exhaust and Evaporative 1/10/2013 [Insert Federal Register Submitted by CARB on
Emission Standards and Test Procedures citation], 03/21/2017. December 7, 2016.
for New 2007 and Later Off-Road Large
Spark-Ignition Engines (Test Procedures
1065 and 1068), amended October 25,
2012.
Small Off-Road Engine and Equipment 10/20/2004 [Insert Federal Register Submitted by CARB on
Evaporative Emissions Test Procedure citation], 03/21/2017. December 7, 2016.
(TP-901), adopted July 26, 2004.
Small Off-Road Engine and Equipment 10/20/2004 [Insert Federal Register Submitted by CARB on
Evaporative Emissions Test Procedure citation], 03/21/2017. December 7, 2016.
(TP-902), adopted July 26, 2004.
Small Off-Road Engine Evaporative 10/20/2004 [Insert Federal Register Submitted by CARB on
Emission Control System Certification citation], 03/21/2017. December 7, 2016.
Procedure (CP-901), adopted July 26,
2004.
Small Off-Road Engine Evaporative 10/20/2004 [Insert Federal Register Submitted by CARB on
Emission Control System Certification citation], 03/21/2017. December 7, 2016.
Procedure (CP-902), adopted July 26,
2004.

* * * * * * *
California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on
and Test Procedures for 2005 and Later citation], 03/21/2017. December 7, 2016.
Small Off-Road Engines, as last amended
October 25, 2012.
California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on
and Test Procedures for New 2013 and citation], 03/21/2017. December 7, 2016.
Later Small Off-Road Engines, Engine-
Testing Procedures (Part 1054), adopted
October 25, 2012.
California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on
and Test Procedures for New 2013 and citation], 03/21/2017. December 7, 2016.
Later Small Off-Road Engines, Engine-
Testing Procedures (Part 1065), adopted
October 25, 2012.

* * * * * * *
California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on
and Test Procedures for New 2008-2010 citation], 03/21/2017. December 7, 2016.
Tier 4 Off-Road Compression-Ignition
Engines, Part I-C, as last amended
October 25, 2012.
California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on
and Test Procedures for New 2011 and citation], 03/21/2017. December 7, 2016.
Later Tier 4 Off-Road Compression-
Ignition Engines, Part I-D, as last
amended October 25, 2012 (excluding
optional alternative NOX + NMHC
standards and associated family
emission limits in Sec. 1039.102(e).
California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on
and Test Procedures for New 2011 and citation], 03/21/2017. December 7, 2016.
Later Tier 4 Off-Road Compression-
Ignition Engines, Part I-F, as last
amended October 25, 2012.
California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on
and Test Procedures for New 2011 and citation], 03/21/2017. December 7, 2016.
Later Tier 4 Off-Road Compression-
Ignition Engines, Part I-E, adopted
October 25, 2012.

* * * * * * *
California Exhaust Emission Standards 1/10/2013 [Insert Federal Register Submitted by CARB on
and Test Procedures for 2001 Model Year citation], 03/21/2017. December 7, 2016.
and Later Spark-Ignition Marine
Engines, as last amended October 25,
2012.

* * * * * * *
California Exhaust Emissions Standards 1/10/2013 [Insert Federal Register Submitted by CARB on
and Test Procedures for 1997 and Later citation], 03/21/2017. December 7, 2016.
Off-Highway Recreational Vehicles and
Engines, as last amended October 25,
2012.
----------------------------------------------------------------------------------------------------------------

[[Page 14458]]

* * * * *
[FR Doc. 2017-05059 Filed 3-20-17; 8:45 am]
BILLING CODE 6560-50-P

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