[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Proposed Rules]
[Pages 8403-8408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03992]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0620; FRL-9974-85--Region 9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 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 proposing to approve the SIP 
revision because the regulations meet the applicable requirements of 
the Clean Air Act. If finalized, approval of the regulations as part of 
the California SIP will make them federally enforceable.

DATES: Any comments must arrive by March 29, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0620 at http://www.regulations.gov, or via email to John 
Ungvarsky, at [email protected]. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be removed or edited from 
Regulations.gov. For either manner of submission, the EPA may publish 
any comment received to its public docket. Do not submit electronically 
any information you consider to be Confidential Business Information 
(CBI) or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section. 
For the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky, EPA Region IX, (415) 
972-3963, [email protected]

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

Table of Contents

I. Background
II. The State's Submittal
    A. What regulations did the State submit?
    B. Are there other versions of these regulations?
    C. What is the purpose of the submitted regulations?
    D. What requirements do the regulations establish?
III. EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the regulations?
    B. Do the State's regulations meet CAA SIP evaluation criteria?
    C. Proposed 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. The EPA has established NAAQS for certain 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).
    Emissions sources contributing to ambient air pollution levels can 
be divided into two basic categories: Stationary emissions sources and 
mobile emissions sources. As a general matter, the CAA assigns 
stationary source regulation and SIP development responsibilities to 
the states through title I of the Act and assigns mobile source 
regulation to the EPA through title II 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)).
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    \1\ EPA regulations refer to ``nonroad'' vehicles and engines 
whereas California Air Resources Board (CARB) 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 CARB's chosen term, ``off-road,'' to refer to such 
vehicles and engines.
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    Under California law, the California Air Resources Board (CARB) is 
the State agency responsible for adopting and submitting the California 
SIP and SIP revisions. Over the years, CARB has submitted, and the EPA 
has approved, many county and regional 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 not 
specifically preempted under the CAA, CARB 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).
    CARB and the air districts rely on these county, regional and State 
stationary and mobile source regulations to meet various CAA 
requirements and include 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).

[[Page 8404]]

    With respect to mobile sources that are specifically preempted 
under the CAA, CARB must request a waiver (for motor vehicles) or 
authorization (for off-road engines and equipment) in order to enforce 
standards relating to the control of emissions and accompanying 
enforcement procedures for these types of mobile sources. See CAA 
sections 209(b) (new motor vehicles) and 209(e)(2) (most categories of 
new and in-use off-road vehicles). Over the years, 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. Once the EPA grants the request for waiver or 
authorization, CARB may enforce the corresponding mobile source 
regulations, and until 2015, the EPA had approved California air 
quality plans that take credit for emissions reductions from such 
regulations, notwithstanding the fact that California had 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, December 7, 2016, and 
June 15, 2017, 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 took final action on CARB's August 14, 2015, and 
December 7, 2016 submittals at 81 FR 39424 (June 16, 2016) and 82 FR 
14446 (March 21, 2017), respectively. In today's action, the EPA is 
proposing action on CARB's June 15, 2017 SIP revision submittal.

II. The State's Submittal

A. What regulations did the State submit?

    On June 15, 2017, 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 the 
previous related SIP revision submittal (i.e., since December 7, 2016). 
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
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                                  Relevant sections of       Date of relevant CARB
        Source category            California Code of      hearing date or Executive     EPA notice of decision
                                       Regulations              Officer action
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Commercial Harbor Craft (CHC)..  17 CCR Sec.   93118.5   June 24, 2010...............  82 FR 6500
                                  (excluding (e)(1)),                                  (January 19, 2017).
                                  effective for State
                                  law purposes on July
                                  20, 2011.
In-Use Diesel-Fueled Transport   13 CCR Sec.  Sec.       October 21, 2011............  82 FR 6525
 Refrigeration Units (TRUs).      2477, 2477.1 through                                 (January 19, 2017).
                                  2477.21, effective
                                  for State law
                                  purposes on October
                                  15, 2012.
On-Road Heavy-Duty Diesel (HDD)  13 CCR Sec.   1956.8,   June 23, 2011...............  82 FR 4867
 Engines.                         effective for State                                  (January 17, 2017).
                                  law purposes on
                                  December 22, 2011,
                                  and the document
                                  incorporated by
                                  reference (see table
                                  2 below).
Off-Highway Recreational         13 CCR Sec.  Sec.       July 25, 2013...............  82 FR 6540
 Vehicles (OHRVs).                2416, 2417, 2418,                                    (January 19, 2017).
                                  2419, 2419.1-2419.4,
                                  effective for State
                                  law purposes on April
                                  1, 2015, and the
                                  document incorporated
                                  by reference (see
                                  table 2 below).
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    The regulations submitted by CARB as part of the overall SIP 
revision and listed in Table 1 incorporate by reference documents that 
establish test procedures, among other things. Table 2 lists the 
incorporated documents included in the SIP submittal.

 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.
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    We note that CARB has expressly excluded 17 CCR Sec.  93118.5(e)(1) 
from consideration as part of the SIP revision on the grounds that it 
is not preempted and thus not included in the EPA's authorization of 
the amended CHC regulations. The excluded provision requires use of low 
sulfur fuel by all commercial harbor craft within certain California 
waters with certain exceptions. This same provision was excluded from 
the SIP submittal of the original CHC regulations, which the EPA 
approved at 81 FR 39424 (June 16, 2016).

[[Page 8405]]

B. Are there other versions of these regulations?

    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 that had been issued waivers or authorizations to the EPA 
as a SIP revision. 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 on-road 
HDD vehicle and engines, from new and in-use off-road vehicles and 
engines, including certain requirements related to CHC, TRUs, and 
OHRVs. On December 7, 2016, CARB submitted a second set of mobile 
source regulations, i.e., those for which waivers or authorizations had 
been issued since August 2015, and the EPA approved them on March 21, 
2017 (82 FR 14446). CARB's December 7, 2016 SIP revision submittal 
contained certain amended on-board diagnostic system regulations for 
new on-road vehicles and engines and certain amendments to the 
regulations affecting off-road large spark-ignition engines, small off-
road engines, and off-road compression-ignition engines. CARB's June 
15, 2017 SIP revision submittal represents the third set of mobile 
source regulations, which include regulations for which the EPA issued 
waivers or authorization since December 2016. This third set of 
regulations consists of amendments to the previously-approved 
regulations for on-road HDD engines, CHC, TRUs, and OHRVs.

C. What is the purpose of the submitted regulations?

    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. Several areas in 
California that had been designated as nonattainment areas for the 
carbon monoxide NAAQS have been redesignated by the EPA 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.\2\ 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.
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    \2\ 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.
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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 June 15, 2017 SIP Revision
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                                       Description of requirements in
          Source category                   submitted regulations
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Commercial Harbor Craft (CHC).....  The 2011 amendments to the CHC
                                     regulations set forth a variety of
                                     in-use requirements, including
                                     extending the applicability of the
                                     CHC regulations to in-use crew and
                                     supply, barge and dredge vessels
                                     that are equipped with federal Tier
                                     0 and Tier 1 propulsion and
                                     auxiliary marine engines that
                                     operate within 24 miles seaward of
                                     the California coastline; eliminate
                                     certain exemptions for CHC engines
                                     that had been registered in a
                                     different CARB program; allow EPA
                                     or CARB Tier 2 or higher tier
                                     certified off-road engines to be
                                     used as auxiliary or propulsion
                                     engines in both new and in-use CHC
                                     vessels; and clarify requirements
                                     and address certain issues that
                                     have arisen during CARB's
                                     implementation of the original CHC
                                     regulations. For more information,
                                     see 82 FR 6500 (January 19, 2017).
In-Use Diesel-Fueled Transport      The 2011 amendments to the TRU
 Refrigeration Units (TRU).          regulations primarily provide
                                     owners of TRU engines with certain
                                     flexibilities; clarify
                                     recordkeeping requirements for
                                     certain types of TRU engines;
                                     establish requirements for
                                     businesses that arrange, hire,
                                     contract, or dispatch the transport
                                     of goods in TRU-equipped trucks,
                                     trailers, or containers; and
                                     address other issues that arose
                                     during the initial implementation
                                     of CARB's TRU regulation. For more
                                     information, see 82 FR 6525
                                     (January 19, 2017).
On-Road Heavy-Duty Diesel (HDD)     The 2011 amendments to the HDD in-
 Engines.                            use compliance regulations
                                     establish a new PM measurement
                                     allowance consistent with
                                     amendments by the EPA to the
                                     corresponding federal program; and
                                     clarify an exemption for certain
                                     armored cars and workover rigs. For
                                     more information, see 82 FR 4867
                                     (January 17, 2017).
Off-Highway Recreational Vehicles   The 2014 amendments to the OHRV
 (OHRVs).                            regulations establish a new
                                     evaporative emission standard of
                                     1.0 gram per day for the complete
                                     OHRV fuel system which includes
                                     running losses (evaporative
                                     emissions generated during vehicle
                                     operation), hot soak (evaporative
                                     emissions generated directly after
                                     vehicle operation), and diurnal
                                     losses (evaporative emissions
                                     generated during long term
                                     storage); establish diurnal and
                                     fuel system leakage standards and
                                     associated test procedures for 2018
                                     and subsequent model year OHRVs;
                                     and establish certain durability
                                     test procedures and other test
                                     procedure provisions for
                                     preconditioning evaporative
                                     emission control systems and
                                     components, running loss and hot
                                     soak preconditioning tests, and
                                     test procedures for the 72-hour and
                                     steady-state diurnal tests. The
                                     California OHRV category
                                     encompasses a wide variety of
                                     vehicles, including off-road
                                     motorcycles, all-terrain vehicles,
                                     off-road sport and utility
                                     vehicles, sand cars, and golf
                                     carts. For more information, see 82
                                     FR 6540 (January 19, 2017).
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[[Page 8406]]

III. EPA's Evaluation and Proposed 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 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)).\3\
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    \3\ 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 are new regulations 
or amend regulations previously approved in the California SIP in 
2016, and thus, do not constitute an amendment to a pre-1990 SIP 
control requirement.
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B. Do the State's 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 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 submit 
written comment and 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.
    In addition, on June 19, 2015, CARB published a notice of public 
hearing to consider adoption and submittal of certain adopted 
regulations as a revision to the California SIP including those 
submitted by CARB on June 15, 2017. CARB held the public hearing on 
July 23, 2015. No written comments were submitted to CARB on 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.\4\ We conclude that 
CARB's June 15, 2017 SIP revision submittal meets the applicable 
procedural requirements for SIP revisions under the CAA section 110(l) 
and 40 CFR 51.102.
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    \4\ In addition to CARB's June 15, 2017 submittal, prior 
submittals of relevant mobile source regulations were made on August 
14, 2015 and December 7, 2016. The EPA took final actions on the 
2015 and 2016 submittals on June 16, 2016 (81 FR 39424) and March 
21, 2017 (82 FR 14446), respectively.
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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.
    The mobile source regulations that are the subject of today's 
action were submitted by CARB under CAA section 209 with a request for 
waiver or authorization and were granted such waiver or authorization 
by the EPA. Thus, the regulations we are proposing to approve today are 
not preempted under the CAA. For additional information regarding 
California's motor vehicle emission standards, please see the EPA's 
``California Waivers and Authorizations'' web page at URL address: 
http://www.epa.gov/otaq/cafr.htm. This website also lists relevant 
Federal Register notices that have been issued by the EPA is 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 CARB 
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 amended regulations 
would be enforceable for the purposes of CAA section 110(a)(2).
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    \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.
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    First, with respect to applicability, we find that the amended 
regulations are sufficiently clear as to which persons and which 
vehicles or engines are affected by the regulations. See, e.g., 13 CCR 
sections 2416(a) and (b) (applicability and exemption provisions for 
OHRV evaporative emissions requirements), 13 CCR sections 2477.2 and 
2477.3 (applicability and exemption provisions for in-use diesel-fueled 
TRUs), and 17 CCR sections 93118.5(b) and (c) (applicability and 
exemption provisions for commercial harbor craft).
    Second, we find that the amended regulations are sufficiently 
specific so that the persons affected by the regulations are on notice 
as to what the requirements and related compliance dates are. For 
instance, see the evaporative emission standards and test procedures 
set forth for OHRVs in 13 CCR section 2418, the in-use compliance dates 
for TRUs in 13 CCR section 2477.5(b), and the engine emission 
requirements in 17 CCR sections 93118.5(e)(2)-(6).
    Third, none of the amended regulations contain sunset provisions 
that automatically repeal the emissions limits by a given date or upon 
the occurrence of a particular event, such as

[[Page 8407]]

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 amended regulations, 
the discretion that can be exercised by the CARB Executive Officer is 
reasonably limited under the terms of the regulations. For instance, in 
17 CCR 93118.5(e)(6)(E), the Executive Officer may grant a time-limited 
extension to the compliance date that would otherwise apply only for 
specific reasons and under limited circumstances as set forth in the 
regulation. 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 include adequate recordkeeping and reporting requirements 
sufficient to ensure compliance with the applicable requirements.
4. Do the regulations interfere with reasonable further progress and 
attainment or any other applicable requirement of the Act?
    All 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. 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. Based on CARB estimates, 
the amended regulations evaluated herein would, considered together, 
reduce VOC, NOX, and PM emissions by approximately 1,220 
tons per year (tpy), 270 tpy, and 20 tpy, respectively, on a statewide 
basis in year 2023.\6\ As such, the amended regulations would support 
the various RFP, attainment, and maintenance plans, and would not 
interfere with such requirements for the purposes of CAA section 
110(l).
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    \6\ The emissions estimates are based on emissions presented in 
the Initial Statement of Reasons (ISOR) published by CARB for each 
of the four individual regulatory actions considered herein. The 
relevant ISORs are included in the docket for this rulemaking.
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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.\7\ 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 to 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 June 15, 2017.
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    \7\ Letter from Richard W. Corey, Executive Officer, CARB, to 
Jared Blumenfeld, Regional Administrator, EPA Region IX, August 14, 
2015.
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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. Proposed Action and Public Comment

    Under section 110(k)(3) of the CAA, and for the reasons given 
above, we are proposing to approve a SIP revision submitted by CARB on 
June 15, 2017, that includes certain sections of titles 13 and 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. We are proposing to 
approve these regulations as part of the California SIP because we 
believe they fulfill all relevant CAA requirements. We will accept 
comments from the public on this proposal until March 29, 2018. If we 
finalize this action as proposed, the submitted regulations will be 
incorporated into the federally enforceable SIP for the State of 
California.

IV. Incorporation by Reference

    In this action, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference of certain sections of titles 13 and 17 of the California 
Code of Regulations that establish standards and other requirements 
relating to the control of emissions from certain new on-road and new 
and in-use off-road vehicles and engines, as described in section II of 
this preamble. The EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and in hard copy at the appropriate EPA office (see 
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 proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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

[[Page 8408]]

Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the proposed rule does not have tribal implications and 
will not impose substantial direct costs on tribal governments or 
preempt tribal law as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, 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: February 15, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-03992 Filed 2-26-18; 8:45 am]
 BILLING CODE 6560-50-P


