Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations, 23232-23238 [2018-10570]
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Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
obtain permission to enter or operate
within the safety zone. The COTP or his
on-scene representative may be
contacted via VHF Channel 16 or at
(313) 568–9464. Vessel operators given
permission to enter or operate in the
regulated area must comply with all
directions given to them by the COTP or
his on-scene representative.
Dated: May 3, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2018–10647 Filed 5–17–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0620; FRL–9978–
19—Region 9]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Approval and Promulgation of
Implementation Plans; California;
California Mobile Source Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0248 to read as
follows:
■
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§ 165.T09–0248 Safety Zone; Algonac
Fireworks, St. Clair River, Algonac, MI.
(a) Location. A safety zone is
established to include all U.S. navigable
waters of the St. Clair River, Algonac,
MI, within a 700-foot radius of position
42°37.1′ N, 082°31.36′ W (NAD 83).
(b) Enforcement period. The regulated
area described in paragraph (a) will be
enforced from 10 p.m. through 11:30
p.m. on June 29, 2018 and June 30,
2018.
(c) Regulations. (1) No vessel or
person may enter, transit through, or
anchor within the safety zone unless
authorized by the Captain of the Port
Detroit (COTP), or his on-scene
representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
COTP is any Coast Guard
commissioned, warrant or petty officer
or a Federal, State, or local law
enforcement officer designated by or
assisting the Captain of the Port Detroit
to act on his behalf.
(4) Vessel operators shall contact the
COTP or his on-scene representative to
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The Environmental Protection
Agency (EPA) is taking final action to
approve a submittal by the State of
California (‘‘State’’) to revise its State
Implementation Plan (SIP). The
submittal consists of State regulations
establishing standards and other
requirements relating to the control of
emissions from certain new and in-use
on-road and 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 these regulations
as part of the California SIP makes them
federally enforceable.
DATES: This rule is effective on June 18,
2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2017–0620. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
SUMMARY:
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section for
additional availability information.
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.
INFORMATION CONTACT
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On February 27, 2018 (83 FR 8403)
(‘‘proposed rule’’), the EPA proposed to
approve a SIP revision submitted by the
California Air Resources Board (CARB)
on June 15, 2017. The submittal consists
of certain state regulations establishing
standards and other requirements
relating to the control of emissions from
new on-road and new and in-use offroad vehicles and engines (referred to
herein as ‘‘mobile source regulations’’)
for which the EPA has previously issued
waivers or authorizations under section
209(b) or section 209(e)(2), respectively,
of the Clean Air Act (‘‘Act’’ or CAA).
Our proposed rule provided
background information concerning the
CAA, national ambient air quality
standards (NAAQS), SIPs, and other
matters pertinent to this rulemaking.
See 83 FR at 8403–8404. We noted in
particular that a basic content
requirement for SIPs is that they include
enforceable emission limitations and
other control measures, means, or
techniques as may be necessary or
appropriate to meet the applicable
requirements of the CAA (see section
110(a)(2)(A)). We also noted that the
EPA’s long-standing practice was to
allow California emissions reductions
credit for mobile source regulations for
which the EPA had issued waivers or
authorizations under section 209 but
that had not been submitted or
approved as part of the SIP. We noted
that the EPA’s rationale for this longstanding practice was rejected by the
United States Court of Appeals for the
Ninth Circuit in Committee for a Better
Arvin v. EPA, 786 F.3d 1169 (9th Cir.
2015) (Committee for a Better Arvin),
and that the decision in Committee for
a Better Arvin led to submittals by
CARB of numerous mobile source
regulations as SIP revisions on August
14, 2015, December 7, 2016, and June
15, 2017.
In our proposed rule, we described
CARB’s June 15, 2017 SIP revision as
consisting of the regulations themselves
and documentation of the public
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process conducted by CARB in
approving the regulations as part of the
California SIP. Specifically, the
proposed rule included Table 1 (see
below), which presents the contents of
the SIP revision by mobile source
category and provides, for each
category, a listing of the relevant
sections of the California Code of
Regulations (CCR) that establish
standards and other requirements for
control of emissions from new on-road
and new or in-use off-road vehicles or
engines; the corresponding date of
CARB’s hearing or Executive Officer
action through which the regulations or
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amendments were adopted; and the
notice of decision in which the EPA
granted a waiver or authorization for the
given set of regulations. For this final
rule, we are republishing Table 1 from
the proposed rule.
TABLE 1—CARB SIP REVISION SUBMITTAL SUMMARY
Source category
Relevant sections of California Code of Regulations
Commercial Harbor Craft (CHC)
17 CCR section 93118.5 (excluding (e)(1)), effective
for State law purposes on July 20, 2011.
13 CCR sections 2477, 2477.1 through 2477.21, effective for State law purposes on October 15,
2012.
13 CCR section 1956.8, effective for State law purposes on December 22, 2011, and the document
incorporated by reference (see table 2 below).
13 CCR sections 2416, 2417, 2418, 2419, 2419.1–
2419.4, effective for State law purposes on April 1,
2015, and the document incorporated by reference
(see table 2 below).
In-Use Diesel-Fueled Transport
Refrigeration Units (TRUs).
On-Road Heavy-Duty Diesel Engines (HDD).
Off-Highway Recreational Vehicles (OHRVs).
The regulations submitted by CARB
and listed in Table 1 incorporate by
reference certain documents that
establish test procedures and labeling
specifications, among other things, and
CARB submitted these documents as
part of the overall SIP revision. In our
Date of relevant
CARB hearing or
executive officer
action
EPA
notice of decision
June 24, 2010 ........
82 FR 6500 (January 19, 2017).
October 21, 2011 ...
82 FR 6525 (January 19, 2017).
June 23, 2011 ........
82 FR 4867 (January 17, 2017).
July 25, 2013 .........
82 FR 6540 (January 19, 2017).
proposed rule, we included a table
(republished as Table 2 below) that
listed the incorporated documents
included in the SIP submittal. Our
proposed rule also included a third
table in which we described the
applicability of the regulations listed in
Table 1 above and summarized some of
the key emissions control requirements
contained in the rules. See 83 FR at
8305. In this action, we are approving
the regulations in Table 1 and the test
procedures and specifications in Table 2
as a revision to the California SIP.
TABLE 2—DOCUMENTS INCORPORATED BY REFERENCE IN CARB REGULATIONS LISTED IN TABLE 1 AND SUBMITTED AS
PART OF SIP REVISION
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On-Road Heavy-Duty Diesel Engines:
California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
last amended October 12, 2011.
Off-Highway Recreational Vehicles and Engines:
Test Procedure for Determining Evaporative Emissions from Off-Highway Recreational Vehicles (TP–933), dated November 5, 2014.
In our proposed rule, we described
how we evaluated the regulations and
how we determined that the regulations
meet all applicable CAA requirements
for SIPs and SIP revisions. See 83 FR at
8406–8407. In short, we determined
that:
• CARB has provided adequate public
notice of a comment period and a
hearing on the draft SIP revision prior
to adoption and submittal to the EPA,
and thereby complied with the
applicable procedural requirements for
SIP revisions under the CAA section
110(l) and 40 CFR 51.102;
• CARB has adequate legal authority
to implement the regulations because
state law so provides, because the
regulations are not preempted under the
CAA (due to the EPA’s grant of waivers
or authorizations for them under CAA
section 209), and because CARB is not
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otherwise prohibited by any provision
of federal or state law from carrying out
the regulations;
• The regulations include all the
elements necessary to provide for
practical enforceability, including clear
applicability and exemption provisions,
emissions standards and other
requirements, test methods,
recordkeeping and reporting provisions,
and thereby establish enforceable
emissions limitations as required under
CAA section 110(a)(2)(A);
• CARB’s mobile source regulations
achieve emissions reductions and
thereby support the various reasonable
further progress, attainment, and
maintenance plans developed by
California to meet CAA SIP
requirements, and thus would not
interfere with such CAA requirements
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for the purposes of CAA section 110(l);
and
• Given the longstanding nature of
CARB’s mobile source program, and its
documented effectiveness at achieving
significant reductions from mobile
sources, the State has adequate
personnel and funding to carry out the
mobile source regulations submitted for
approval as part of the California SIP.
For more background information on
the regulatory context for this final rule,
and for additional detail on the SIP
submittal itself, and our evaluation,
please see our proposed rule.
II. Public Comments and EPA
Responses
The EPA’s proposed rule, published
at 83 FR 8403 (February 27, 2018),
provided for a 30-day comment period.
The EPA received fifteen anonymous
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comment letters in response to the
proposed rule. Thirteen of the
comments concern issues that are
outside the scope of our proposed
approval of the California mobile source
regulations as a revision to the
California SIP. The issues raised in
those comments include, but are not
limited to, air quality in China, EPA
Administrator Scott Pruitt, renewable
energy, natural gas, mining, the dangers
of electric cars, wind farms, taxes, and
wind turbines. We received two
comment letters germane to the
proposed action. In the paragraphs
below, we summarize the relevant
comments and provide our responses.
Comment #1: The commenter agrees
with the EPA’s proposed approval of the
California mobile source SIP revision
and believes that regulation,
enforcement, and implementation of the
mobile source regulations should be
handled on the federal level.
EPA Response to Comment #1: 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), 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,
however, 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). In this
action, the EPA is approving certain
California mobile source regulations for
which the EPA has granted waivers or
authorizations under CAA sections
209(b) or 209(e)(2).
Comment #2: The commenter requests
that the exclusion of 17 CCR
93118.5(e)(1) (relating to low sulfur fuel
requirements for commercial harbor
craft) from the SIP action be
reconsidered in light of the associated
emissions reductions from the
requirement to use such fuel.
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EPA Response to Comment #2: The
specific paragraph in question was not
submitted to the EPA as part of CARB’s
June 15, 2017 SIP revision and thus is
not subject to the EPA’s review and
approval or disapproval at this time. We
agree that CARB should submit the low
sulfur fuel requirement for commercial
harbor craft as part of the SIP if needed
or relied upon to meet any CAA
requirements, such as reasonable further
progress or attainment demonstrations.
III. Final Action
Under section 110(k)(3) of the CAA,
and for the reasons given in the
proposed rule and summarized above,
we are taking final action to approve a
SIP revision submitted by CARB on June
15, 2017, that includes certain sections
of title 13 and title 17 of the California
Code of Regulations that establish
standards and other requirements
relating to the control of emissions from
certain new and in-use on-road and offroad vehicles and engines. Tables 1 and
2 above list the regulations and related
test procedures and other specifications
we are approving in this action. We are
approving the SIP revision because the
regulations (and related test procedures
and other specifications) included
therein fulfill all relevant CAA
requirements. This final action
incorporates by reference the
regulations into the federally
enforceable SIP for the State of
California.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of certain
sections of title 13 and title 17 of the
California Code of Regulations
described in the amendments to 40 CFR
part 52 set forth below. The EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, 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 in the next
update to the SIP compilation.
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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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
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or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 July 17, 2018.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 8, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220a is amended in
paragraph (c) by:
■ a. In table 1:
■ i. Adding an entry for ‘‘1956.8(b)’’
after the entry for ‘‘1956.8(b),
(c)(1)(A)(3), (d), and (h)(5)’’;
■ ii. Adding entries for ‘‘2416’’, ‘‘2417’’,
‘‘2418’’, ‘‘2419’’, ‘‘2419.1’’, ‘‘2419.2’’,
■
‘‘2419.3’’, and ‘‘2419.4’’ after the entry
for ‘‘2413’’;
■ iii. Revising the entry for ‘‘2477’’;
■ iv. Adding entries for ‘‘2477.1’’,
‘‘2477.2’’, ‘‘2477.3’’, ‘‘2477.4’’, ‘‘2477.5’’,
‘‘2477.6’’, ‘‘2477.7’’, ‘‘2477.8’’, ‘‘2477.9’’,
‘‘2477.10’’, ‘‘2477.11’’, ‘‘2477.12’’,
‘‘2477.13’’, ‘‘2477.14’’, ‘‘2477.15’’,
‘‘2477.16’’, ‘‘2477.17’’, ‘‘2477.18’’,
‘‘2477.19’’, ‘‘2477.20’’, and ‘‘2477.21’’
after the entry for ‘‘2477’’; and
■ v. Revising the entry for ‘‘93118.5,
excluding (e)(1)’’; and
■ b. In table 2:
■ i. Adding an entry for ‘‘California
Exhaust Emission Standards and Test
Procedures for 2004 and Subsequent
Model Heavy-Duty Diesel Engines and
Vehicles, as last amended October 12,
2011’’ after the entry for ‘‘California
Exhaust Emission Standards and Test
Procedures for 2004 and Subsequent
Model Heavy-Duty Diesel Engines, as
last amended September 1, 2006’’; and
■ ii. Adding an entry for ‘‘Test
Procedure for Determining Evaporative
Emissions from Off-Highway
Recreational Vehicles (TP–933), adopted
November 5, 2014’’ after the 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’’.
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
effective
date
State citation
Title/subject
*
1956.8(b) ...........................
*
*
Exhaust Emissions Standards
and Test Procedures—1985
and
Subsequent
Model
Heavy-Duty Engines and Vehicles.
*
2416 ..................................
*
*
Applicability ................................
4/1/2015
2417 ..................................
Definitions ..................................
4/1/2015
2418 ..................................
Evaporative Emission Standards
and Test Procedures.
Evaporative Emission Control
Labels—New
Off-Highway
Recreational Vehicles.
Defect Warranty Requirements
for Evaporative Emissions
Control Systems of 2018 and
Later Model Year Off-Highway Recreational Vehicles.
Evaporative Emissions Control
System Warranty Statement.
4/1/2015
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2419 ..................................
2419.1 ...............................
2419.2 ...............................
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EPA approval date
Additional explanation
*
*
[Insert Federal Register
citation], 5/18/2018.
*
Updates certain test procedures.
*
*
[Insert Federal Register
citation], 5/18/2018.
[Insert Federal Register
citation], 5/18/2018.
[Insert Federal Register
citation], 5/18/2018.
[Insert Federal Register
citation], 5/18/2018.
*
Sections 2416–2419.4 establish
sion standards for off-highway
Sections 2416–2419.4 establish
sion standards for off-highway
Sections 2416–2419.4 establish
sion standards for off-highway
Sections 2416–2419.4 establish
sion standards for off-highway
4/1/2015
[Insert Federal Register
citation], 5/18/2018.
Sections 2416–2419.4 establish certain evaporative emission standards for off-highway recreational vehicles.
4/1/2015
[Insert Federal Register
citation], 5/18/2018.
Sections 2416–2419.4 establish certain evaporative emission standards for off-highway recreational vehicles.
12/22/2011
4/1/2015
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*
*
certain evaporative emisrecreational vehicles.
certain evaporative emisrecreational vehicles.
certain evaporative emisrecreational vehicles.
certain evaporative emisrecreational vehicles.
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TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State
effective
date
State citation
Title/subject
2419.3 ...............................
New Off-Highway Recreational
Vehicle Evaporative Emission
Standards, Enforcement and
Recall Provisions, Warranty,
Quality Audit, and New Engine Testing.
Evaporative Emissions Control
System Testing and Certification Requirement.
2419.4 ...............................
[Insert Federal Register
citation], 5/18/2018.
Sections 2416–2419.4 establish certain evaporative emission standards for off-highway recreational vehicles.
4/1/2015
[Insert Federal Register
citation], 5/18/2018.
Sections 2416–2419.4 establish certain evaporative emission standards for off-highway recreational vehicles.
*
*
[Insert Federal Register
citation], 5/18/2018.
*
*
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
*
*
Airborne Toxic Control Measure
for
In-Use
Diesel-Fueled
Transport Refrigeration Units
(TRU) and TRU Generator
Sets, and Facilities Where
TRUs Operate.
Purpose .....................................
2477.2 ...............................
Applicability ................................
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.3 ...............................
Exemptions ................................
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.4 ...............................
Definitions ..................................
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.5 ...............................
Requirements for Owners or
Owner/Operators.
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.6 ...............................
Requirements for Terminal Operators.
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.7 ...............................
Requirements for Drivers ..........
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.8 ...............................
Requirements for Freight Brokers and Freight Forwarders.
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.9 ...............................
Requirements for Motor Carriers
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.10 .............................
Requirements for
Based Shippers.
California-
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.11 .............................
Requirements for
Based Receivers.
California-
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.12 .............................
Requirements for Lessors and
Lessees.
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
VerDate Sep<11>2014
15:59 May 17, 2018
Jkt 244001
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Additional explanation
4/1/2015
2477.1 ...............................
sradovich on DSK3GMQ082PROD with RULES
*
2477 ..................................
EPA approval date
10/15/2012
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Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State
effective
date
State citation
Title/subject
2477.13 .............................
Requirements for TRU and TRU
Gen Set Original Equipment
Manufacturers.
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.14 .............................
Requirements for TRU, TRU
Gen Set, and TRU-Equipped
Truck and Trailer Dealers.
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.15 .............................
Requirements for Repair Shops
Located in California that
Work on TRUs or TRU Gen
Sets.
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.16 .............................
Requirements for Engine Rebuilders.
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.17 .............................
Facility Reporting .......................
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.18 .............................
Prohibitions ................................
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.19 .............................
Penalties ....................................
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.20 .............................
Authority to Request Additional
Information.
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
2477.21 .............................
Severability ................................
10/15/2012
[Insert Federal Register
citation], 5/18/2018.
*
93118.5, excluding (e)(1) ..
*
*
Airborne Toxic Control Measure
for Commercial Harbor Craft.
7/20/2011
*
*
*
EPA approval date
Additional explanation
*
*
[Insert Federal Register
citation], 5/18/2018.
*
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
Sections 2477–2477.21 establish emissions standards
and other requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
*
*
Applicability, exemptions, definitions, engine emission requirements, alternative control provisions, recordkeeping and reporting requirements, test methods. Excluded subsection relates to the low sulfur fuel use requirement.
*
*
*
1
Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists approved California
test procedures, test methods and specifications that are cited in certain regulations listed in table 1. Approved California statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e).
TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS
State
effective
date
sradovich on DSK3GMQ082PROD with RULES
Title/subject
EPA approval date
Additional explanation
*
*
California Exhaust Emission Standards and
Test Procedures for 2004 and Subsequent
Model Heavy-Duty Diesel Engines and Vehicles, as last amended October 12, 2011.
*
12/22/2011
*
*
[Insert Federal Register citation],
5/18/2018.
*
*
Submitted by CARB on June 15, 2017.
*
*
Test Procedures for Determining Evaporative
Emissions from Off-Highway Recreational
Vehicles (TP–933), adopted November 5,
2014.
*
4/1/2015
*
*
[Insert Federal Register citation],
5/18/2018.
*
*
Submitted by CARB on June 15, 2017.
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*
*
Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
*
*
*
I. Comments Invited
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
49 CFR Part 1552
[Docket No. TSA–2004–19147]
RIN 1652–AA35
Flight Training for Aliens and Other
Designated Individuals; Security
Awareness Training for Flight School
Employees; Reopening of Comment
Period
Transportation Security
Administration, DHS.
ACTION: Interim final rule; reopening of
comment period.
AGENCY:
The Transportation Security
Administration (TSA) is reopening the
comment period for the interim final
rule (IFR) that established the Alien
Flight Student Program (AFSP). TSA is
in the process of finalizing the IFR with
modifications to improve the efficiency
and efficacy of this program consistent
with regulatory reform requirements of
Executive Orders (E.O.) 13771 (Jan. 30,
2017) and 13777 (Feb. 24, 2017). To
ensure TSA has adequately considered
relevant options, we are reopening the
comment period on the IFR. In
particular, TSA is requesting comments
on three types of issues: Scope of
security threat assessments (STAs),
including who should receive them and
the frequency of such assessments;
options for reducing the burden of
recordkeeping requirements, including
the use of electronic records; and
sources of data on costs and other
programmatic impacts of the rule. TSA
is reopening the comment period for an
additional 30 days.
DATES: The comment period for the
interim final rule published at 69 FR
56324 (Sept. 20, 2004), is reopened.
Comments must be received by June 18,
2018.
ADDRESSES: You may submit comments,
identified by the TSA docket number to
this rulemaking, through the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT:
Johannes Knudsen (TSA Alien Flight
Student Program) at telephone (571)
227–2188, or David Ross (TSA Office of
Chief Counsel) at telephone (571) 227–
2465, or email to afsp.help@tsa.dhs.gov.
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:59 May 17, 2018
General Instructions for Submitting
Comments
SUPPLEMENTARY INFORMATION:
[FR Doc. 2018–10570 Filed 5–17–18; 8:45 am]
Jkt 244001
TSA published an IFR, with request
for comments, in 2004 to establish
requirements for alien flight training
and security awareness training for
flight school employees.1 TSA evaluated
all public comments received on the
IFR, whether received before or after the
original comment period closed on
October 20, 2004. It is not necessary for
commenters to resubmit issues
previously raised, but TSA believes
reopening the comment period is
advisable to obtain updated information
and perspectives from regulated entities
on the impact of the regulation.
TSA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. See ADDRESSES above for
information on where to submit
comments. In general, TSA seeks
comments on the broad areas outlined
within this notice. TSA also seeks
comments on how this rulemaking
could be modified to maximize benefits
while reducing excessive, unjustified, or
unnecessary costs. We also invite
comments relating to the current
economic, environmental, energy, or
federalism impacts of this regulation.
TSA asks that commenters provide as
much information as possible.
Whenever possible, please provide
citations and copies of any relevant
studies or reports on which you rely, as
well as any additional data which
supports your comment. It is also
helpful to explain the basis and
reasoning underlying your comment.
TSA appreciates all information
provided. While complete answers are
preferable, we recognize providing
detailed comments on every question
could be burdensome and will consider
all comments, regardless of whether the
response is complete. TSA does not
expect every commenter will be able to
answer every question. Please respond
to those questions you feel able to
answer or that address your particular
issue.
TSA encourages responses from all
interested entities, not just flight schools
and the applicants for flight training. If,
however, you are not directly subject to
this regulation or its requirements,
please explain your interest in this
rulemaking and how your comments
may assist in TSA’s development of the
final rule.
1 See docket for this rulemaking or 69 FR 56324
(Sept. 20, 2004).
PO 00000
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All submissions must include the
agency name and docket number for this
notice. With the exception of items
requiring special handling, all
comments received will be posted
without change to https://
www.regulations.gov.
Handling of Confidential or Proprietary
Information and SSI Submitted in
Public Comments
Do not submit comments to the public
regulatory docket that contain trade
secrets, confidential commercial or
financial information, or sensitive
security information (SSI). Please
contact afsp.help@tsa.dhs.gov for
instructions on how to submit
information requiring special handling.
TSA will not place such information in
the public docket and will handle them
in accordance with applicable
safeguards and restrictions on access.
TSA will hold documents containing
SSI, confidential business information,
or trade secrets in a separate file to
which the public does not have access,
and place a note in the public docket
explaining commenters have submitted
such documents. TSA may include a
redacted version of the comment in the
public docket. Requests to examine or
copy information that is not in the
public docket will be treated as any
other request under the Freedom of
Information Act (FOIA) (5 U.S.C. 552)
and the Department of Homeland
Security’s (DHS’) FOIA regulation found
in 6 CFR part 5.
Reviewing Comments in the Docket
For access to the docket to read
background documents or comments, go
to https://www.regulations.gov. The
docket for this rulemaking currently
includes the 2004 IFR and all comments
received on that rulemaking.
II. Background
TSA published the 2004 IFR to fulfill
the requirement in Sec. 612(a) of the
Vision 100-Century of Aviation
Reauthorization Act.2 The IFR created
part 1552, Flight Schools, in title 49 of
the Code of Federal Regulations (CFR).
The regulation applies to flight schools
and to individuals who apply for or
receive flight training. TSA issued
exemptions and clarifications in
response to comments on the regulation
and questions raised during operation of
2 Public Law 108–176, 117 Stat. 2490, 2572 (Dec.
12, 2003). This provision required TSA to establish
a process to implement the requirements of Sec.
612(a), including the fee provisions, not later than
60 days after the enactment of the Act.
E:\FR\FM\18MYR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Rules and Regulations]
[Pages 23232-23238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10570]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0620; FRL-9978-19--Region 9]
Approval and Promulgation of Implementation Plans; California;
California Mobile Source Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a submittal by the State of California (``State'') to
revise its State Implementation Plan (SIP). The submittal consists of
State regulations establishing standards and other requirements
relating to the control of emissions from certain new and in-use on-
road and 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 these regulations as part of the
California SIP makes them federally enforceable.
DATES: This rule is effective on June 18, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2017-0620. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: John Ungvarsky, EPA Region IX, (415)
972-3963, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On February 27, 2018 (83 FR 8403) (``proposed rule''), the EPA
proposed to approve a SIP revision submitted by the California Air
Resources Board (CARB) on June 15, 2017. The submittal consists of
certain state regulations establishing standards and other requirements
relating to the control of emissions from new on-road and new and in-
use off-road vehicles and engines (referred to herein as ``mobile
source regulations'') for which the EPA has previously issued waivers
or authorizations under section 209(b) or section 209(e)(2),
respectively, of the Clean Air Act (``Act'' or CAA).
Our proposed rule provided background information concerning the
CAA, national ambient air quality standards (NAAQS), SIPs, and other
matters pertinent to this rulemaking. See 83 FR at 8403-8404. We noted
in particular that a basic content requirement for SIPs is that they
include enforceable emission limitations and other control measures,
means, or techniques as may be necessary or appropriate to meet the
applicable requirements of the CAA (see section 110(a)(2)(A)). We also
noted that the EPA's long-standing practice was to allow California
emissions reductions credit for mobile source regulations for which the
EPA had issued waivers or authorizations under section 209 but that had
not been submitted or approved as part of the SIP. We noted that the
EPA's rationale for this long-standing practice was rejected by the
United States Court of Appeals for the Ninth Circuit in Committee for a
Better Arvin v. EPA, 786 F.3d 1169 (9th Cir. 2015) (Committee for a
Better Arvin), and that the decision in Committee for a Better Arvin
led to submittals by CARB of numerous mobile source regulations as SIP
revisions on August 14, 2015, December 7, 2016, and June 15, 2017.
In our proposed rule, we described CARB's June 15, 2017 SIP
revision as consisting of the regulations themselves and documentation
of the public
[[Page 23233]]
process conducted by CARB in approving the regulations as part of the
California SIP. Specifically, the proposed rule included Table 1 (see
below), which presents the contents of the SIP revision by mobile
source category and provides, for each category, a listing of the
relevant sections of the California Code of Regulations (CCR) that
establish standards and other requirements for control of emissions
from new on-road and new or in-use off-road vehicles or engines; the
corresponding date of CARB's hearing or Executive Officer action
through which the regulations or amendments were adopted; and the
notice of decision in which the EPA granted a waiver or authorization
for the given set of regulations. For this final rule, we are
republishing Table 1 from the proposed rule.
Table 1--CARB SIP Revision Submittal Summary
--------------------------------------------------------------------------------------------------------------------------------------------------------
Relevant sections of
Source category California Code of Date of relevant CARB hearing or EPA notice of decision
Regulations executive officer action
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commercial Harbor Craft (CHC)........ 17 CCR section 93118.5 June 24, 2010.................... 82 FR 6500 (January 19, 2017).
(excluding (e)(1)),
effective for State law
purposes on July 20, 2011.
In-Use Diesel-Fueled Transport 13 CCR sections 2477, 2477.1 October 21, 2011................. 82 FR 6525 (January 19, 2017).
Refrigeration Units (TRUs). through 2477.21, effective
for State law purposes on
October 15, 2012.
On-Road Heavy-Duty Diesel Engines 13 CCR section 1956.8, June 23, 2011.................... 82 FR 4867 (January 17, 2017).
(HDD). effective for State law
purposes on December 22,
2011, and the document
incorporated by reference
(see table 2 below).
Off-Highway Recreational Vehicles 13 CCR sections 2416, 2417, July 25, 2013.................... 82 FR 6540 (January 19, 2017).
(OHRVs). 2418, 2419, 2419.1-2419.4,
effective for State law
purposes on April 1, 2015,
and the document
incorporated by reference
(see table 2 below).
--------------------------------------------------------------------------------------------------------------------------------------------------------
The regulations submitted by CARB and listed in Table 1 incorporate
by reference certain documents that establish test procedures and
labeling specifications, among other things, and CARB submitted these
documents as part of the overall SIP revision. In our proposed rule, we
included a table (republished as Table 2 below) that listed the
incorporated documents included in the SIP submittal. Our proposed rule
also included a third table in which we described the applicability of
the regulations listed in Table 1 above and summarized some of the key
emissions control requirements contained in the rules. See 83 FR at
8305. In this action, we are approving the regulations in Table 1 and
the test procedures and specifications in Table 2 as a revision to the
California SIP.
Table 2--Documents Incorporated by Reference in CARB Regulations Listed
in Table 1 and Submitted as Part of SIP Revision
------------------------------------------------------------------------
-------------------------------------------------------------------------
On-Road Heavy-Duty Diesel Engines:
California Exhaust Emission Standards and Test Procedures for 2004
and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
last amended October 12, 2011.
Off-Highway Recreational Vehicles and Engines:
Test Procedure for Determining Evaporative Emissions from Off-
Highway Recreational Vehicles (TP-933), dated November 5, 2014.
------------------------------------------------------------------------
In our proposed rule, we described how we evaluated the regulations
and how we determined that the regulations meet all applicable CAA
requirements for SIPs and SIP revisions. See 83 FR at 8406-8407. In
short, we determined that:
CARB has provided adequate public notice of a comment
period and a hearing on the draft SIP revision prior to adoption and
submittal to the EPA, and thereby complied with the applicable
procedural requirements for SIP revisions under the CAA section 110(l)
and 40 CFR 51.102;
CARB has adequate legal authority to implement the
regulations because state law so provides, because the regulations are
not preempted under the CAA (due to the EPA's grant of waivers or
authorizations for them under CAA section 209), and because CARB is not
otherwise prohibited by any provision of federal or state law from
carrying out the regulations;
The regulations include all the elements necessary to
provide for practical enforceability, including clear applicability and
exemption provisions, emissions standards and other requirements, test
methods, recordkeeping and reporting provisions, and thereby establish
enforceable emissions limitations as required under CAA section
110(a)(2)(A);
CARB's mobile source regulations achieve emissions
reductions and thereby support the various reasonable further progress,
attainment, and maintenance plans developed by California to meet CAA
SIP requirements, and thus would not interfere with such CAA
requirements for the purposes of CAA section 110(l); and
Given the longstanding nature of CARB's mobile source
program, and its documented effectiveness at achieving significant
reductions from mobile sources, the State has adequate personnel and
funding to carry out the mobile source regulations submitted for
approval as part of the California SIP.
For more background information on the regulatory context for this
final rule, and for additional detail on the SIP submittal itself, and
our evaluation, please see our proposed rule.
II. Public Comments and EPA Responses
The EPA's proposed rule, published at 83 FR 8403 (February 27,
2018), provided for a 30-day comment period. The EPA received fifteen
anonymous
[[Page 23234]]
comment letters in response to the proposed rule. Thirteen of the
comments concern issues that are outside the scope of our proposed
approval of the California mobile source regulations as a revision to
the California SIP. The issues raised in those comments include, but
are not limited to, air quality in China, EPA Administrator Scott
Pruitt, renewable energy, natural gas, mining, the dangers of electric
cars, wind farms, taxes, and wind turbines. We received two comment
letters germane to the proposed action. In the paragraphs below, we
summarize the relevant comments and provide our responses.
Comment #1: The commenter agrees with the EPA's proposed approval
of the California mobile source SIP revision and believes that
regulation, enforcement, and implementation of the mobile source
regulations should be handled on the federal level.
EPA Response to Comment #1: 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), 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, however, 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). In this action, the EPA is approving certain California
mobile source regulations for which the EPA has granted waivers or
authorizations under CAA sections 209(b) or 209(e)(2).
Comment #2: The commenter requests that the exclusion of 17 CCR
93118.5(e)(1) (relating to low sulfur fuel requirements for commercial
harbor craft) from the SIP action be reconsidered in light of the
associated emissions reductions from the requirement to use such fuel.
EPA Response to Comment #2: The specific paragraph in question was
not submitted to the EPA as part of CARB's June 15, 2017 SIP revision
and thus is not subject to the EPA's review and approval or disapproval
at this time. We agree that CARB should submit the low sulfur fuel
requirement for commercial harbor craft as part of the SIP if needed or
relied upon to meet any CAA requirements, such as reasonable further
progress or attainment demonstrations.
III. Final Action
Under section 110(k)(3) of the CAA, and for the reasons given in
the proposed rule and summarized above, we are taking final action to
approve a SIP revision submitted by CARB on June 15, 2017, that
includes certain sections of title 13 and title 17 of the California
Code of Regulations that establish standards and other requirements
relating to the control of emissions from certain new and in-use on-
road and off-road vehicles and engines. Tables 1 and 2 above list the
regulations and related test procedures and other specifications we are
approving in this action. We are approving the SIP revision because the
regulations (and related test procedures and other specifications)
included therein fulfill all relevant CAA requirements. This final
action incorporates by reference the regulations into the federally
enforceable SIP for the State of California.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of certain
sections of title 13 and title 17 of the California Code of Regulations
described in the amendments to 40 CFR part 52 set forth below. The EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by the EPA for inclusion in the SIP,
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 in the next update to the SIP compilation.
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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
[[Page 23235]]
or in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 July 17, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 8, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220a is amended in paragraph (c) by:
0
a. In table 1:
0
i. Adding an entry for ``1956.8(b)'' after the entry for ``1956.8(b),
(c)(1)(A)(3), (d), and (h)(5)'';
0
ii. Adding entries for ``2416'', ``2417'', ``2418'', ``2419'',
``2419.1'', ``2419.2'', ``2419.3'', and ``2419.4'' after the entry for
``2413'';
0
iii. Revising the entry for ``2477'';
0
iv. Adding entries for ``2477.1'', ``2477.2'', ``2477.3'', ``2477.4'',
``2477.5'', ``2477.6'', ``2477.7'', ``2477.8'', ``2477.9'',
``2477.10'', ``2477.11'', ``2477.12'', ``2477.13'', ``2477.14'',
``2477.15'', ``2477.16'', ``2477.17'', ``2477.18'', ``2477.19'',
``2477.20'', and ``2477.21'' after the entry for ``2477''; and
0
v. Revising the entry for ``93118.5, excluding (e)(1)''; and
0
b. In table 2:
0
i. Adding an entry for ``California Exhaust Emission Standards and Test
Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and
Vehicles, as last amended October 12, 2011'' after the entry for
``California Exhaust Emission Standards and Test Procedures for 2004
and Subsequent Model Heavy-Duty Diesel Engines, as last amended
September 1, 2006''; and
0
ii. Adding an entry for ``Test Procedure for Determining Evaporative
Emissions from Off-Highway Recreational Vehicles (TP-933), adopted
November 5, 2014'' after the 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''.
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
State citation Title/subject effective EPA approval date Additional explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1956.8(b)........................ Exhaust Emissions 12/22/2011 [Insert Federal Updates certain test
Standards and Test Register procedures.
Procedures--1985 citation], 5/18/
and Subsequent 2018.
Model Heavy-Duty
Engines and
Vehicles.
* * * * * * *
2416............................. Applicability...... 4/1/2015 [Insert Federal Sections 2416-2419.4
Register establish certain
citation], 5/18/ evaporative emission
2018. standards for off-
highway recreational
vehicles.
2417............................. Definitions........ 4/1/2015 [Insert Federal Sections 2416-2419.4
Register establish certain
citation], 5/18/ evaporative emission
2018. standards for off-
highway recreational
vehicles.
2418............................. Evaporative 4/1/2015 [Insert Federal Sections 2416-2419.4
Emission Standards Register establish certain
and Test citation], 5/18/ evaporative emission
Procedures. 2018. standards for off-
highway recreational
vehicles.
2419............................. Evaporative 4/1/2015 [Insert Federal Sections 2416-2419.4
Emission Control Register establish certain
Labels--New Off- citation], 5/18/ evaporative emission
Highway 2018. standards for off-
Recreational highway recreational
Vehicles. vehicles.
2419.1........................... Defect Warranty 4/1/2015 [Insert Federal Sections 2416-2419.4
Requirements for Register establish certain
Evaporative citation], 5/18/ evaporative emission
Emissions Control 2018. standards for off-
Systems of 2018 highway recreational
and Later Model vehicles.
Year Off-Highway
Recreational
Vehicles.
2419.2........................... Evaporative 4/1/2015 [Insert Federal Sections 2416-2419.4
Emissions Control Register establish certain
System Warranty citation], 5/18/ evaporative emission
Statement. 2018. standards for off-
highway recreational
vehicles.
[[Page 23236]]
2419.3........................... New Off-Highway 4/1/2015 [Insert Federal Sections 2416-2419.4
Recreational Register establish certain
Vehicle citation], 5/18/ evaporative emission
Evaporative 2018. standards for off-
Emission highway recreational
Standards, vehicles.
Enforcement and
Recall Provisions,
Warranty, Quality
Audit, and New
Engine Testing.
2419.4........................... Evaporative 4/1/2015 [Insert Federal Sections 2416-2419.4
Emissions Control Register establish certain
System Testing and citation], 5/18/ evaporative emission
Certification 2018. standards for off-
Requirement. highway recreational
vehicles.
* * * * * * *
2477............................. Airborne Toxic 10/15/2012 [Insert Federal Sections 2477-2477.21
Control Measure Register establish emissions
for In-Use Diesel- citation], 5/18/ standards and other
Fueled Transport 2018. requirements relating
Refrigeration to the control of
Units (TRU) and emissions from in-use
TRU Generator diesel-fueled
Sets, and transport
Facilities Where refrigeration units
TRUs Operate. (TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.1........................... Purpose............ 10/15/2012 [Insert Federal Sections 2477-2477.21
Register establish emissions
citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.2........................... Applicability...... 10/15/2012 [Insert Federal Sections 2477-2477.21
Register establish emissions
citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.3........................... Exemptions......... 10/15/2012 [Insert Federal Sections 2477-2477.21
Register establish emissions
citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.4........................... Definitions........ 10/15/2012 [Insert Federal Sections 2477-2477.21
Register establish emissions
citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.5........................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21
Owners or Owner/ Register establish emissions
Operators. citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.6........................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21
Terminal Operators. Register establish emissions
citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.7........................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21
Drivers. Register establish emissions
citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.8........................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21
Freight Brokers Register establish emissions
and Freight citation], 5/18/ standards and other
Forwarders. 2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.9........................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21
Motor Carriers. Register establish emissions
citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.10.......................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21
California-Based Register establish emissions
Shippers. citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.11.......................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21
California-Based Register establish emissions
Receivers. citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.12.......................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21
Lessors and Register establish emissions
Lessees. citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
[[Page 23237]]
2477.13.......................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21
TRU and TRU Gen Register establish emissions
Set Original citation], 5/18/ standards and other
Equipment 2018. requirements relating
Manufacturers. to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.14.......................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21
TRU, TRU Gen Set, Register establish emissions
and TRU-Equipped citation], 5/18/ standards and other
Truck and Trailer 2018. requirements relating
Dealers. to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.15.......................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21
Repair Shops Register establish emissions
Located in citation], 5/18/ standards and other
California that 2018. requirements relating
Work on TRUs or to the control of
TRU Gen Sets. emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.16.......................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21
Engine Rebuilders. Register establish emissions
citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.17.......................... Facility Reporting. 10/15/2012 [Insert Federal Sections 2477-2477.21
Register establish emissions
citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.18.......................... Prohibitions....... 10/15/2012 [Insert Federal Sections 2477-2477.21
Register establish emissions
citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.19.......................... Penalties.......... 10/15/2012 [Insert Federal Sections 2477-2477.21
Register establish emissions
citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.20.......................... Authority to 10/15/2012 [Insert Federal Sections 2477-2477.21
Request Additional Register establish emissions
Information. citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
2477.21.......................... Severability....... 10/15/2012 [Insert Federal Sections 2477-2477.21
Register establish emissions
citation], 5/18/ standards and other
2018. requirements relating
to the control of
emissions from in-use
diesel-fueled
transport
refrigeration units
(TRUs), TRU generator
sets, and facilities
where TRUs operate.
* * * * * * *
93118.5, excluding (e)(1)........ Airborne Toxic 7/20/2011 [Insert Federal Applicability,
Control Measure Register exemptions,
for Commercial citation], 5/18/ definitions, engine
Harbor Craft. 2018. emission
requirements,
alternative control
provisions,
recordkeeping and
reporting
requirements, test
methods. Excluded
subsection relates to
the low sulfur fuel
use requirement.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
are cited in certain regulations listed in table 1. Approved California statutes that are nonregulatory or
quasi-regulatory are listed in paragraph (e).
Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications
----------------------------------------------------------------------------------------------------------------
State
Title/subject effective EPA approval date Additional explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
California Exhaust Emission Standards and 12/22/2011 [Insert Federal Register Submitted by CARB on June
Test Procedures for 2004 and Subsequent citation], 5/18/2018. 15, 2017.
Model Heavy-Duty Diesel Engines and
Vehicles, as last amended October 12,
2011.
* * * * * * *
Test Procedures for Determining 4/1/2015 [Insert Federal Register Submitted by CARB on June
Evaporative Emissions from Off-Highway citation], 5/18/2018. 15, 2017.
Recreational Vehicles (TP-933), adopted
November 5, 2014.
----------------------------------------------------------------------------------------------------------------
[[Page 23238]]
* * * * *
[FR Doc. 2018-10570 Filed 5-17-18; 8:45 am]
BILLING CODE 6560-50-P
