[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 http://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 http://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


