[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Proposed Rules]
[Pages 69915-69925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28614]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0622; FRL-9936-84-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 revision to the California State Implementation Plan (SIP) 
consisting of state regulations establishing standards and other 
requirements relating to the control of emissions from new on-road and 
new and in-use off-road vehicles and engines. The EPA is proposing to 
approve these regulations because they meet the applicable requirements 
of the Clean Air Act and are relied upon by various California plans 
intended to provide for the attainment or maintenance of the national 
ambient air quality standards.

DATES: Any comments must arrive by December 14, 2015.

ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2015-0622], by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.

[[Page 69916]]

    2. Email: [email protected].
    3. Mail or deliver: Doris Lo (AIR-2), U.S. Environmental Protection 
Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
www.regulations.gov is an ``anonymous access'' system, and the EPA will 
not know your identity or contact information unless you provide it in 
the body of your comment. If you send email directly to the EPA, your 
email address will be automatically captured and included as part of 
the public comment. If the EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material, large maps), and some may not be publicly 
available in either location (e.g., CBI). To inspect the hard copy 
materials, please schedule an appointment during normal business hours 
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Doris Lo, EPA Region IX, (415) 972-
3959, [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 regulations meet CAA SIP evaluation criteria?
    1. Did the state provide adequate public notification and 
comment periods?
    2. Does the state have adequate legal authority to implement the 
regulations?
    3. Are the regulations enforceable as required under CAA section 
110(a)(2)?
    4. Do the regulations interfere with reasonable further progress 
and attainment or any other applicable requirement of the Act?
    5. Will the state have adequate personnel and funding for the 
regulations?
    6. EPA's Evaluation Conclusion
    C. Proposed Action and Request for Public Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    Under the Clean Air Act (``Act'' or CAA), the EPA establishes 
national ambient air quality standards (NAAQS) to protect public health 
and welfare, and has established such ambient standards for a number of 
pervasive air pollutants including ozone, carbon monoxide, nitrogen 
dioxide, sulfur dioxide, lead and particulate matter. Under section 
110(a)(1) of the CAA, states must submit plans that provide for the 
implementation, maintenance, and enforcement of the NAAQS within each 
state. Such plans are referred to as state implementation plans (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. CAA section 110(a)(2)(a).
    As a general matter, the CAA assigns mobile source regulation to 
the EPA through title II of the Act and assigns stationary source 
regulation and SIP development responsibilities to the states through 
title I of the Act. In so doing, the CAA preempts various types of 
state regulation of mobile sources as set forth in section 209(a) 
(preemption of state emissions standards for new motor vehicles and 
engines), section 209(e) (preemption of state emissions standards for 
new and in-use off-road vehicles and engines),\1\ and section 
211(c)(4)(A) [preemption of state fuel requirements for motor vehicle 
emission control, i.e., other than California's motor vehicle fuel 
requirements for motor vehicle emission control--see section 
211(c)(4)(B)]. For certain types of mobile source emission standards, 
the State of California may request a waiver (for motor vehicles) or 
authorization (for off-road engines and equipment) for standards 
relating to the control of emissions and accompanying enforcement 
procedures. See CAA sections 209(b) (new motor vehicles) and 209(e)(2) 
(most categories of new and in-use off-road vehicles).
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    \1\ EPA regulations refer to ``nonroad'' vehicles and engines 
whereas California regulations refer to ``off-road'' vehicles and 
engines. These terms refer to the same types of vehicles and 
engines, and for the purposes of this action, we will be using the 
state's chosen term, ``off-road,'' to refer to such vehicles and 
engines.
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    Over the years, the California Air Resources Board (CARB) has 
submitted many requests for waiver or authorization of its standards 
and other requirements relating to the control of emissions from new 
on-road and new and in-use off-road vehicles and engines, and the EPA 
has granted many such requests. For example, the EPA has granted 
waivers for CARB's Low Emission Vehicle (LEV III) criteria pollutant 
standards for light- and medium duty vehicles, and has authorized 
emissions standards for such off-road vehicle categories as commercial 
harbor craft, and forklifts and other industrial equipment. See 78 FR 
2112 (January 9, 2013) (advanced clean cars), 76 FR 77521 (December 13, 
2011) (commercial harbor craft), and 77 FR 20388 (April 4, 2012) 
(forklifts and other industrial equipment).
    Also over the years, CARB has submitted, and the EPA has approved, 
many local or regional California air district rules regulating 
stationary source emissions as part of the California SIP. See, 
generally, 40 CFR 52.220(c). With respect to mobile sources in general, 
California has submitted, and the EPA has approved, certain specific 
state regulatory programs, such the in-use, heavy-duty, diesel-fueled 
truck rule, various fuels regulations, and the vehicle inspection and 
maintenance program (I/M, also known as ``smog check''). See, e.g., 77 
FR 20308 (April 4, 2012) (in-use truck and bus regulation), 75 FR 26653 
(May 12, 2010) (revisions to California on-road reformulated gasoline 
and diesel fuel regulations), and 75 FR 38023 (July 1, 2010) (revisions 
to California motor vehicle I/M program).
    California relies on these local, regional, and state stationary 
and mobile source regulations to meet various CAA requirements and 
includes the corresponding emissions reductions in the various regional 
air quality plans developed to attain and maintain the NAAQS. The EPA 
generally allows California to take credit for the corresponding 
emissions reductions

[[Page 69917]]

relied upon in the various regional air quality plans because, among 
other reasons, the regulations are approved as part of the SIP and are 
thereby federally enforceable as required under CAA section 
110(a)(2)(A).
    However, California also relies on emissions reductions from the 
regulations for which the EPA has previously granted waivers or 
authorizations, and historically, the EPA has approved regional air 
quality plans that take credit for emissions reductions from such 
regulations, notwithstanding the fact that California has not submitted 
these particular regulations as part of the California SIP.
    The EPA's longstanding practice of approving California plans that 
rely on emissions reductions from such ``waiver measures,'' 
notwithstanding the lack of approval as part of the SIP, was challenged 
in several petitions filed in the Ninth Circuit Court of Appeals. In a 
recent 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 a SIP revision on August 14, 2015 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 is proposing 
action today under CAA section 110(k) on CARB's August 14, 2015 SIP 
revision submittal.

II. The State's Submittal

A. What regulations did the state submit?

    On August 14, 2015, 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. 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 (EO) action through which the regulations or amendments were 
adopted; and the notice of decision in which the EPA granted a waiver 
or authorization for the given set of regulations.\2\
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    \2\ CARB's August 14, 2015 SIP submittal included a table that 
lists the specific sections of the CCR included in the submittal. By 
email dated October 23, 2015, CARB identified a few typographic 
errors in the table: (1) 13 CCR sections 2456(d)(3), 2456(d)(5), and 
2456(d)(6) (i.e., not sections 2455(d)(3), 2455(d)(5), and 
2455(d)(6)) are excluded from the submittal of regulations 
establishing standards and other requirements for the portable 
equipment registration program (PERP); (2) 13 CCR section 2485(1)(B) 
(not just section 2385(1)(A)) is excluded from the submittal of 
regulations related to truck idling; (3) and 13 CCR section 2474 is 
to be included in the submittal of regulations related to spark-
ignition marine engines. See email from Alex Wong, CARB, to 
Jefferson Wehling, EPA Region IX, dated October 23, 2015.

                                  Table 1--CARB SIP Revision Submittal Summary
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                                                                    Date of relevant
                                          Relevant sections of    CARB hearing date(s)
            Source category                California Code of     or Executive Officer   EPA Notice of decision
                                               Regulations               action
----------------------------------------------------------------------------------------------------------------
On-Road Passenger Cars, Light-Duty      Amendments to 13 CCR         12/12/02, 6/22/06  70 FR 22034 (4/28/05);
 Trucks, and Medium-Duty Vehicles (LEV   Sec.  Sec.   1961,                              75 FR 44948 (7/30/10)
 II).                                    1965, and 1978 and the
                                         documents incorporated
                                         by reference (see table
                                         2 below), effective for
                                         state law purposes on
                                         12/04/03; and
                                         amendments to 13 CCR
                                         Sec.  Sec.   1961,
                                         1976, 1978, and
                                         documents incorporated
                                         by reference (see table
                                         2 below), effective for
                                         state law purposes on 2/
                                         17/07.
On-Road Passenger Cars, Light-Duty      Adoption of 13 CCR Sec.     01/26/12, 11/15/12  78 FR 2112 (1/9/13)
 Trucks, and Medium-Duty Vehicles (LEV   Sec.   1961.2 and
 III) and Zero Emission Vehicles (ZEV).  1962.2 (excluding
                                         subsection
                                         1962.2(g)(6)) and
                                         amendments to 13 CCR
                                         Sec.  Sec.   1900,
                                         1956.8, 1960.1, 1961,
                                         1962.1, 1962.2 (re-
                                         numbered to 1961.3),
                                         1965, 1976, 1978, 2037,
                                         2038, 2062, 2112, 2139,
                                         2140, 2145, 2147, and
                                         2235 and the documents
                                         incorporated by
                                         reference (see table 2
                                         below), effective for
                                         state law purposes on
                                         08/07/12; amendments to
                                         13 CCR Sec.  Sec.
                                         1900, 1956.8, 1960.1,
                                         1961, 1961.2, 1962.1,
                                         1962.2 (excluding
                                         subsection
                                         1962.2(g)(6)(C)), and
                                         1976 and the documents
                                         incorporated by
                                         reference (see table 2
                                         below), effective for
                                         state law purposes on
                                         12/31/12.
On-Road Heavy-Duty Gasoline Engines...  13 CCR Sec.   1956.8 and      12/12/02, 9/5/03  75 FR 70237 (11/17/10)
                                         the document                             (EO)
                                         incorporated by
                                         reference (see table 2
                                         below), effective for
                                         state law purposes on
                                         12/4/03.
On-Road Heavy-Duty Diesel Engines.....  Amendments to 13 CCR                  10/25/01  70 FR 50322 (8/26/05)
                                         Sec.   1956.8, and the
                                         document incorporated
                                         by reference (see table
                                         2 below), effective for
                                         state law purposes on
                                         11/17/02.
On-Road Motorcycles...................  Amendments to 13 CCR                  12/10/98  71 FR 44027 (8/3/06)
                                         Sec.  Sec.   1900, 1958
                                         (excluding 1958(a)(1)),
                                         and 1965, and the
                                         document incorporated
                                         by reference (see table
                                         2 below), effective for
                                         state law purposes on
                                         11/22/99.

[[Page 69918]]

 
On-Road Heavy-Duty Engines--On-Board    13 CCR Sec.  Sec.                      5/28/09  77 FR 73459 (12/10/12)
 Diagnostic System (HD OBD).             1971.1 and 1971.5,
                                         effective for state law
                                         purposes on 6/17/10.
On-Road Heavy Duty Vehicles--engine or  13 CCR Sec.  Sec.                     10/20/05  77 FR 9239 (2/16/12)
 vehicle idle controls.                  1956.8, 2404, 2424,
                                         2425, and 2485
                                         (excluding subsections
                                         2485(c)(1)(A),
                                         2485(c)(1)(B), and
                                         2485(c)(3)(B)), and the
                                         document incorporated
                                         by reference (see table
                                         2 below), effective for
                                         state law purposes on
                                         11/15/2006.
In-Use Diesel-Fueled Transport          13 CCR Sec.   2477, as                11/18/10  78 FR 38970 (6/28/13)
 Refrigeration Units.                    amended, effective for
                                         state law purposes on 3/
                                         7/11.
Commercial Harbor Craft...............  17 CCR Sec.   93118.5         11/15/07, 9/2/08  76 FR 77521 (12/13/11)
                                         (excluding subsection                    (EO)
                                         93118.5(e)(1)),
                                         effective for state law
                                         purposes on 11/19/08..
Off-Road Large Spark-Ignition (LSI)     New LSI engine emissions  5/25/06, 3/2/07 (EO)  77 FR 20388 (4/4/12)
 Engines.                                standards: 13 CCR Sec.
                                         Sec.   2430, 2431,
                                         2433, 2434, and 2438;
                                         LSI fleet requirements:
                                         13 CCR Sec.  Sec.
                                         2775, 2775.1 and
                                         2775.2, and the
                                         documents incorporated
                                         by reference (see table
                                         2 below), effective for
                                         state law purposes on 5/
                                         12/07.
Auxiliary Diesel Engines on Ocean-      13 CCR Sec.   2299.3 and     12/6/07, 10/16/08  76 FR 77515 (12/13/11)
 Going Vessels.                          17 CCR Sec.   93118.3,                   (EO)
                                         effective for state law
                                         purposes on 01/02/09.
In-Use Off-Road Diesel Fueled Fleets..  13 CCR Sec.  Sec.   2449  5/25/07, 7/26/07, 12/ 78 FR 58090 (9/20/13)
                                         (excluding subsection    11/08, 1/22/09, 7/23/
                                         2449(d)(2)) 2449.1, and          09, 12/17/10
                                         2449.2, effective for
                                         state law purposes on
                                         12/14/11.
Mobile Cargo Handling Equipment (CHE).  13 CCR Sec.   2479                     9/22/11  80 FR 26249 (5/7/15)
                                         (excluding subsections
                                         (e)(2) and (e)(4)), as
                                         amended, effective for
                                         state law purposes on
                                         10/14/12.
Small Off-Road Engines (SORE).........  13 CCR Sec.  Sec.                     11/21/08  80 FR 26041 (5/6/15)
                                         2401, 2403, 2404, 2405,
                                         2406, 2408, 2408.1, and
                                         2409, and the document
                                         incorporated by
                                         reference (see table 2
                                         below), effective for
                                         state law purposes on 5/
                                         5/10.
Off-Road Compression--Ignition (CI)     13 CCR Sec.  Sec.             1/27/00, 12/9/04  75 FR 8056 (2/23/10)
 Engines.                                2420, 2421, 2423, 2424,
                                         2425, 2425.1, 2426, and
                                         2427, and the documents
                                         incorporated by
                                         reference (see table 2
                                         below), effective for
                                         state law purposes on 1/
                                         6/06.
In-Use Portable Diesel-Fueled Engines   17 CCR Sec.  Sec.                      2/26/04  77 FR 72846 (12/6/12)
 (PDE).                                  93116 through 93116.5
                                         (excluding subsection
                                         93116.3(a)), effective
                                         for state law purposes
                                         on 3/11/05.
Portable Equipment Registration         13 CCR Sec.  Sec.             3/27/97, 7/31/07  77 FR 72851 (12/6/12)
 Program (PERP).                         2451, 2452, 2453, 2455   (EO), 12/10/98, 2/26/
                                         (excluding subsections   04, 6/22/06, 3/22/07
                                         2455(a) and 2455(b)),
                                         2456 (excluding
                                         subsections 2456(a),
                                         2456(d)(3), 2456(d)(5),
                                         and 2456(d)(6)), 2458,
                                         2459, 2460, 2461, and
                                         2462, as amended,
                                         effective for state law
                                         purposes on 9/12/07.
Spark-Ignition Marine Engines and       13 CCR Sec.  Sec.         7/24/08, 6/5/09 (EO)  80 FR 26032 (5/16/15)
 Boats (Marine SI).                      2111, 2112, Appendix A
                                         therein, 2139, 2147,
                                         2440, 2442, 2443.1,
                                         2443.2, 2444.1, 2444.2,
                                         2445.1, 2445.2, 2446,
                                         2447 and 2474, and the
                                         documents incorporated
                                         by reference (see table
                                         2 below), effective for
                                         state law purposes on
                                         08/16/09.
Off-Highway Recreational Vehicles and   13 CCR Sec.  Sec.                      7/20/06  79 FR 6584 (2/4/14)
 Engines (OHRV).                         2111, 2112, 2411, 2412,
                                         and 2413, and the
                                         document incorporated
                                         by reference (see table
                                         2 below), effective for
                                         state law purposes on 8/
                                         15/07.
----------------------------------------------------------------------------------------------------------------

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

 Table 2--Documents Incorporated by Reference in CARB Regulations Listed
        in Table 1, Above, and Submitted as Part of SIP Revision
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On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty and Heavy-
 Duty Vehicles (LEV II):
    California Exhaust Emission Standards and Test Procedures for 2001
     and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-
     Duty Vehicles, as last amended September 5, 2003.
    California Motor Vehicle Emission Control and Smog Index Label
     Specifications for 1978 through 2003 Model Year Motorcycles, Light-
     , Medium- and Heavy-Duty Engines and Vehicles,'' as last amended
     September 5, 2003.
    California Smog Index Label Specifications for 2004 and Subsequent
     Model Passenger Cars and Light-Duty Trucks,'' adopted September 5,
     2003.
    California Refueling Emission Standards and Test Procedures for 2001
     and Subsequent Model Motor Vehicles, as last amended September 5,
     2003.

[[Page 69919]]

 
    California Evaporative Emission Standards and Test Procedures for
     2001 and Subsequent Model Motor Vehicles, as amended June 22, 2006.
    California Refueling Emission Standards and Test Procedures for 2001
     and Subsequent Model Motor Vehicles, as last amended June 22, 2006.
    California Exhaust Emission Standards Test Procedures for 2001 and
     Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty
     Vehicles, as last amended June 22, 2006.
On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty and Heavy-
 Duty Vehicles (LEV III) and Zero Emission Vehicles (ZEV):
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
     last amended March 22, 2012.
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended
     March 22, 2012.
    California Non-Methane Organic Gas Test Procedures, as last amended
     March 22, 2012.
    California 2001 through 2014 Model Criteria Pollutant Exhaust
     Emission Standards and Test Procedures and 2009 through 2016 Model
     Greenhouse Gas Exhaust Emission Standards and Test Procedures for
     Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as
     last amended March 22, 2012, excluding GHG-related provisions.
    California Environmental Performance Label Specifications for 2009
     and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and
     Medium-Duty Passenger Vehicles, as last amended March 22, 2012.
    California Evaporative Emission Standards and Test Procedures for
     2001 and Subsequent Model Motor Vehicles, as last amended March 22,
     2012.
    California Refueling Emission Standards and Test Procedures for 2001
     and Subsequent Model Motor Vehicles, as last amended March 22,
     2012.
    Specifications for Fill Pipes and Openings of 1977 through 2014
     Model Motor Vehicle Fuel Tanks, as last amended March 22, 2012.
    Specifications for Fill Pipes and Openings of 2015 and Subsequent
     Model Motor Vehicle Fuel Tanks, adopted March 22, 2012.
    California 2015 and Subsequent Model Criteria Pollutant Exhaust
     Emission Standards and Test Procedures and 2017 and Subsequent
     Model Greenhouse Gas Exhaust Emission Standards and Test Procedures
     for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,
     adopted March 22, 2012, excluding GHG-related provisions.
    California Exhaust Emission Standards and Test Procedures for 2009
     through 2017 Model Zero-Emission Vehicles and Hybrid Electric
     Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty
     Vehicle Classes, as last amended March 22, 2012, excluding GHG-
     related provisions.
    California Exhaust Emission Standards and Test Procedures for 2018
     and Subsequent Model Zero-Emission Vehicles and Hybrid Electric
     Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty
     Vehicle Classes, adopted March 22, 2012, excluding GHG-related
     provisions.
    California 2015 and Subsequent Model Criteria Pollutant Exhaust
     Emission Standards and Test Procedures and 2017 and Subsequent
     Model Greenhouse Gas Exhaust Emission Standards and Test Procedures
     for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as
     last amended December 6, 2012, excluding GHG-related provisions.
    California 2001 through 2014 Model Criteria Pollutant Exhaust
     Emission Standards and Test Procedures and 2009 through 2016 Model
     Greenhouse Gas Exhaust Emission standards and Test Procedures for
     Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as
     last amended December 6, 2012, excluding GHG-related provisions.
    California Non-Methane Organic Gas Test Procedures, as last amended
     December 6, 2012.
    California Evaporative Emission Standards and Test Procedures for
     2001 and Subsequent Model Motor Vehicles, as last amended December
     6, 2012.
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended
     December 6, 2012.
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
     last amended December 6, 2012.
    California Exhaust Emission Standards and Test Procedures for 2009
     through 2017 Model Zero-Emission Vehicles and Hybrid Electric
     Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty
     Vehicle Classes, as last amended December 6, 2012.
    California Exhaust Emission Standards and Test Procedures for 2018
     and Subsequent Model Zero-Emission Vehicles and Hybrid Vehicles, in
     the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle
     Classes, adopted December 6, 2012, excluding GHG-related provision.
On-Road Heavy-Duty Gasoline Engines:
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Otto-cycle Engines, as last amended
     December 12, 2002.
On-Road Heavy-Duty Diesel Engines:
    California Exhaust Emission Standards and Test Procedures for 1985
     and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
     last amended October 25, 2001.
On-Road Motorcycles:
    California Motor Vehicle Emission Control and Smog Index Label
     Specifications, as last amended October 22, 1999.
On-Road Heavy Duty Vehicles--Reduced Idling:
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Diesel Engines, as last amended
     September 1, 2006.
Off-Road Large Spark-Ignition (LSI) Engines:
    California Exhaust Emission Standards and Test Procedures for New
     2001 through 2006 Off-Road Large Spark-Ignition Engines, Parts I
     and II, adopted September 1, 1999 and as last amended March 2,
     2007.
    California Exhaust and Evaporative Emission Standards and Test
     Procedures for 2007 through 2009 Off-Road Large Spark-Ignition
     Engines, (2007-2009 Test Procedure 1048), adopted March 2, 2007.
    California Exhaust and Evaporative Emission Standards and Test
     Procedures for New 2010 and Later Off-Road Large Spark-Ignition
     Engines, (2010 and Later Test Procedure 1048), adopted March 2,
     2007.
    California Exhaust and Evaporative Emission Standards and Test
     Procedures for New 2007 and Later Off-Road Large Spark-Ignition
     Engines (Test Procedures 1065 and 1068), adopted March 2, 2007.
Small Off-Road Engines (SORE):
    California Exhaust Emission Standards and Test Procedures for 2005
     and Later Small Off-Road Engines, as last amended February 24,
     2010.

[[Page 69920]]

 
Off-Road Compression-Ignition (CI) Engines:
    California Exhaust Emission Standards and Test Procedures for New
     2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-
     Ignition Engines, Part I-B, adopted January 28, 2000 and as last
     amended October 20, 2005.
    California Exhaust Emission Standards and Test Procedures for New
     1996 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-
     Ignition Engines, Part II, adopted May 12, 1993 and as last amended
     October 20, 2005.
    California Exhaust Emission Standards and Test Procedures for New
     2008 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-
     C, adopted October 20, 2005.
Spark-Ignition Marine Engines and Boats (Marine SI):
    California Exhaust Emission Standards and Test Procedures for 2001
     Model Year and Later Spark-Ignition Marine Engines, as last amended
     June 5, 2009.
    Procedures for Exemption of Add-On and Modified Parts for Off-Road
     Categories, as last amended June 5, 2009.
Off-Highway Recreational Vehicles and Engines (OHRV):
    California Exhaust Emissions Standards and Test Procedures for 1997
     and Later Off-Highway Recreational Vehicles, and Engines, as last
     amended August 15, 2007.
------------------------------------------------------------------------

    It is important to note that CARB has expressly excluded from the 
August 14, 2015 SIP submittal certain sections or subsections of 
California code that have been authorized or waived by the EPA under 
CAA section 209. The excluded provisions pertain to:
     Greenhouse Gas (GHG) exhaust emission standards for 2009 
through 2016 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty 
Vehicles, and 2017 and subsequent Model Passenger Cars, Light-Duty 
Trucks, and Medium-Duty Vehicles; and
     GHG related provisions incorporated in the test 
procedures. Also, CARB has expressly excluded certain sections or 
subsections of California code that are not subject to preemption under 
CAA section 209 and thus not included in the related waiver or 
authorization by the EPA. These provisions pertain to:
     Fuel requirements;
     Idling restrictions on drivers;
     Opacity standards;
     Daily mass emission limits (from the PERP regulations); 
and
     Certain labeling and consumer notification requirements.
    Section III.B.4 below provides further discussion of these excluded 
provisions.

B. Are there other versions of these regulations?

    As noted previously, the CAA generally assigns to the EPA the 
responsibility of establishing standards for the control of emissions 
from mobile sources. However, the State of California was a pioneer in 
establishing standards for the control of emissions from new motor 
vehicles, and, in part due to the state's pioneering efforts, Congress 
established in 1967 a process under which California, alone among the 
states, would be granted a waiver from preemption (if certain criteria 
are met) and thereby enforce its own standards and other requirements 
for the control of emissions from new motor vehicles. In the 1990 CAA 
Amendments, Congress extended a similar process that had been 
established under section 209 for new motor vehicles to new and in-use 
off-road vehicles and engines. See CAA section 209(e)(2). Under the 
1990 CAA Amendments, the EPA must authorize California standards for 
the control of emissions of off-road vehicles and engines if certain 
criteria are met.
    The first waiver granted was for California's On-Road Emissions 
Standards for Model Year 1968. (See 33 FR 10160, July 16, 1968.) Since 
then, there have been dozens of waivers and authorizations granted by 
the EPA for new and amended CARB mobile source regulations. The EPA's 
Office of Transportation and Air Quality maintains a Web site that 
provides a general description of the waiver and authorization process 
and lists all of the various waivers and authorizations granted by the 
Agency to CARB over the years. See http://www.epa.gov/otaq/cafr.htm.
    Historically, as noted above, CARB regulations subject to the 
section 209 waiver or authorization process were not submitted to the 
EPA as a revision to the California SIP. Thus, for the purposes of the 
California SIP, there are no previous versions of the rules addressed 
in today's proposed action.

C. What is the purpose of the submitted regulations?

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

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

D. What requirements do the regulations establish?

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

[[Page 69921]]



 Table 3--General Description of Requirements Established in the Mobile
     Source Regulations Included in the August 14, 2015 SIP Revision
------------------------------------------------------------------------
                                         Description of requirements in
           Source category                    submitted regulation
------------------------------------------------------------------------
On-Road Passenger Cars, Light-Duty     CARB's ``LEV II'' regulations
 Trucks, and Medium-Duty Vehicles       establish exhaust and
 (LEV II).                              evaporative emissions standards
                                        (and test procedures) for model
                                        year (MY) 2004 through 2014
                                        passenger cars, light-duty
                                        trucks, and medium-duty
                                        passenger vehicles. The LEV II
                                        regulations also include the
                                        adoption of Compliance Assurance
                                        Program ``CAP 2000'' amendments
                                        that establish new motor vehicle
                                        certification and in-use test
                                        requirements--developed jointly
                                        with the U.S. Environmental
                                        Protection Agency--applicable to
                                        2001 and subsequent model motor
                                        vehicles. For more information
                                        about CARB's LEV II regulations,
                                        see 68 FR 19811 (April 22,
                                        2003), 70 FR 22034 (April 28,
                                        2005), and 75 FR 44948 (July 30,
                                        2010).
On-Road Passenger Cars, Light-Duty     CARB's LEV III and ZEV amendments
 Trucks, and Medium-Duty Vehicles       combine the control of criteria
 (LEV III) and Zero Emission Vehicles   air pollutants and GHG emissions
 (ZEV).                                 into a single coordinated
                                        package of requirements for MY
                                        2015 through 2025 passenger
                                        cars, light-duty trucks, and
                                        medium-duty passenger vehicles.
                                        The requirements amend the
                                        exhaust and evaporative
                                        emissions standards, the test
                                        procedures, and the on-board
                                        diagnostic system
                                        specifications. (The standards
                                        related to GHG emissions are not
                                        included in the SIP revision
                                        submittal.) For more information
                                        about CARB's LEV III and ZEV
                                        amendments, see 78 FR 2112
                                        (January 9, 2013).
On-Road Heavy-Duty Gasoline Engines..  CARB's on-road heavy-duty
                                        gasoline engine regulations
                                        establish exhaust emission
                                        standards for heavy-duty Otto-
                                        cycle engines and vehicles above
                                        8,500 pounds gross vehicle
                                        weight rating (GVWR) for the
                                        2004, 2005 through 2007, and the
                                        2008 and subsequent MYs. These
                                        regulations align each of
                                        California's exhaust emission
                                        standards and test procedures
                                        with its federal counterpart in
                                        an effort to streamline and
                                        harmonize the California and
                                        federal programs. For more
                                        information about CARB's on-road
                                        heavy-duty gasoline engine
                                        regulations, see 75 FR 70237
                                        (November 17, 2010).
On-Road Heavy-Duty Diesel Engines....  CARB's On-Road Heavy-Duty Diesel
                                        Engine regulations establish
                                        heavy-duty diesel regulations
                                        for 2007 and subsequent model
                                        year vehicles and engines (2007
                                        California Heavy Duty Diesel
                                        Engine Standards) and related
                                        test procedures including the
                                        not-to-exceed (NTE) and
                                        supplemental steady state tests
                                        (supplemental test procedures)
                                        to determine compliance with
                                        applicable standards. CARB's
                                        2007 California Heavy Duty
                                        Diesel Engine Standards
                                        primarily align California's
                                        standards and test procedures
                                        with the federal standards and
                                        test procedures for 2007 and
                                        subsequent model year on-road
                                        heavy-duty vehicles and engines.
                                        For more information about
                                        CARB's On-Road Heavy-Duty Diesel
                                        Engine regulations, see 70 FR
                                        50322 (August 26, 2005)
On-Road Motorcycles..................  CARB's regulations establish
                                        exhaust emissions standards and
                                        test procedures for new on-road
                                        motorcycles and motorcycle
                                        engines. For additional
                                        information about CARB's
                                        motorcycle regulations, see 71
                                        FR 44027 (August 3, 2006).
On-Road Heavy-Duty Engines--On-Board   CARB's HD OBD regulations
 Diagnostic System (HD OBD).            establish requirements for
                                        onboard diagnostic systems (OBD
                                        systems) that are installed on
                                        2010 and subsequent model-year
                                        engines certified for sale in
                                        heavy-duty applications in
                                        California. The OBD systems,
                                        through the use of an onboard
                                        computer(s), monitor emission
                                        systems in-use for the actual
                                        life of the engine and are
                                        capable of detecting
                                        malfunctions of the monitored
                                        emission systems, illuminating a
                                        malfunction indicator light
                                        (MIL) to notify the vehicle
                                        operator of detected
                                        malfunctions, and storing fault
                                        codes identifying the detected
                                        malfunctions. For more
                                        information about CARB's HD OBD
                                        regulations, see 77 FR 73459
                                        (December 10, 2012).
On-Road Heavy Duty Vehicles--engine    As submitted, CARB's truck idling
 or vehicle idle controls.              requirements consist of ``New
                                        engine requirements'' that
                                        require new California-certified
                                        2008 and subsequent model year
                                        on-road diesel engines in
                                        vehicles with a gross vehicle
                                        weight rating (GVWR) greater
                                        than 14,000 pounds (i.e., heavy-
                                        duty diesel vehicles or
                                        ``HDDV''s) be equipped with a
                                        system that automatically shuts
                                        down the engine after five
                                        minutes of continuous idling.
                                        For more information about
                                        CARB's truck idling
                                        requirements, see 77 FR 9239
                                        (February 16, 2012).
In-Use Diesel-Fueled Transport         Establishes in-use performance
 Refrigeration Units (TRUs).            standards for diesel-fueled TRUs
                                        and TRU generator sets operating
                                        in California, and facilities
                                        where TRUs operate. In-use TRU
                                        engines are required, through
                                        one of the compliance options
                                        set forth in the regulations
                                        (e.g., retrofit or replacement),
                                        to meet specific performance
                                        standards that vary by
                                        horsepower range, and that have
                                        two levels of stringency that
                                        are phased in over time--the Low
                                        Emission TRU Standards,
                                        beginning in 2008, and the Ultra-
                                        Low Emission TRU Standards
                                        beginning in 2010. More
                                        stringent performance standards
                                        are required at 7-year intervals
                                        until the Ultra-Low TRU
                                        standards are met. For more
                                        information about CARB's in-use
                                        TRU regulations, see 74 FR 3030
                                        (January 16, 2009) and 78 FR
                                        38970 (June 28, 2013).
Commercial Harbor Craft..............  CARB's commercial harbor craft
                                        regulations establish emissions
                                        standards, requirements related
                                        to control of emissions, and
                                        enforcement provisions
                                        applicable to diesel propulsion
                                        and auxiliary engines on new and
                                        in-use commercial harbor craft.
                                        For new harbor craft, each
                                        propulsion and auxiliary diesel
                                        engine on the vessel is required
                                        to be certified to the most
                                        stringent federal new marine
                                        engine emission standards for
                                        that engine's power rating and
                                        displacement in effect at the
                                        time of sale, lease, rent, or
                                        acquisition. The regulation
                                        imposes additional requirements
                                        for larger new ferries (with the
                                        capacity to transport seventy-
                                        five or more passengers), either
                                        by using best available control
                                        technology (``BACT''), or by
                                        using a federal Tier 4 certified
                                        propulsion engine. For in-use
                                        harbor craft, new or in-use
                                        diesel engines may not be sold,
                                        offered for sale, leased,
                                        rented, or acquired unless the
                                        diesel propulsion or auxiliary
                                        engines are certified to at
                                        least the federal Tier 2 or Tier
                                        3 marine emission standards for
                                        new engines of the same power
                                        rating and displacement. In-use
                                        emission requirements are
                                        imposed on Tier 0 and Tier 1
                                        marine engines in ferries,
                                        excursion vessels, tugboats,
                                        towboats, push boats, and
                                        multipurpose harbor craft. Those
                                        harbor craft are required to
                                        meet emission limits equal to or
                                        cleaner than the federal new
                                        marine engine certification
                                        standards in effect for the year
                                        that in-use engine compliance is
                                        required. For more information
                                        about CARB's commercial harbor
                                        craft regulations, see 76 FR
                                        77521 (December 13, 2011).

[[Page 69922]]

 
Off-Road Large Spark-Ignition (LSI)    CARB's LSI regulations establish
 Engines.                               more stringent emissions
                                        standards for new off-road LSI
                                        engines (25 hp or greater,
                                        gasoline- or LPG-powered,
                                        excluding construction and farm
                                        equipment) beginning in 2007
                                        (increasing in stringency in
                                        2010), and in-use fleet
                                        requirements for forklifts and
                                        other industrial equipment with
                                        LSI engines. The fleet average
                                        in-use emission standards apply
                                        to operators of large- and
                                        medium-sized fleets of
                                        forklifts, sweepers/scrubbers,
                                        airport ground supported
                                        equipment (GSE), and industrial
                                        two tractors with engine
                                        displacements of greater than
                                        one liter. For more information
                                        about CARB's LSI regulations,
                                        see 77 FR 20388 (April 4, 2012).
Auxiliary Diesel Engines on Ocean-     CARB's ``At-Berth'' regulation
 Going Vessels.                         contains requirements that
                                        apply, with limited exceptions,
                                        to any person who owns or
                                        operates any container vessel,
                                        passenger vessel, or
                                        refrigerated cargo vessel that
                                        visits any of six specified
                                        California ports. It also
                                        contains requirements that
                                        affect any person who owns or
                                        operates those ports or
                                        terminals located at them.
                                        CARB's At-Berth regulation
                                        requires fleets of container
                                        vessels, passenger vessels and
                                        refrigerated cargo vessels to
                                        either: (1) Limit the amount of
                                        time they operate their
                                        auxiliary diesel engines by
                                        connecting to shore power for
                                        most of a vessel's stay at port
                                        (``Shore Power Option''); or (2)
                                        achieve equivalent emission
                                        reductions by employing other
                                        emission control techniques
                                        (``Equivalent Emission Reduction
                                        Option''). Fleet operators who
                                        elect the Shore Power Option are
                                        required to obtain the power
                                        that would otherwise be provided
                                        by a vessel's auxiliary engines
                                        by connecting to shore power for
                                        a percentage of the fleet's
                                        annual port visits. The required
                                        percentage of shore power
                                        connected port visits increases
                                        over the life of the regulation.
                                        Specifically, fifty percent of a
                                        fleet's total visits must be
                                        connected to shore power by
                                        2014, followed by seventy
                                        percent by 2017, and eighty
                                        percent by 2020. For more
                                        information about CARB's At-
                                        Berth regulation, see 76 FR
                                        77515 (December 13, 2011).
In-Use Off-Road Diesel Fueled Fleets.  CARB's In-Use Off-Road Diesel-
                                        Fueled Fleets Regulation applies
                                        to fleets with off-road
                                        compression-ignition vehicles or
                                        equipment greater than 25
                                        horsepower. The regulation takes
                                        effect beginning as early as
                                        2014, depending on fleet size.
                                        It requires fleet operators to
                                        meet a progressively more
                                        stringent combined PM and NOX
                                        standard, or to reduce emissions
                                        through technology upgrades such
                                        as retrofit or replacement. For
                                        more information about CARB's In-
                                        Use Off-Road Diesel-Fueled
                                        Fleets Regulation, see 78 FR
                                        58090 (September 20, 2013).
Mobile Cargo Handling Equipment (CHE)  CARB's mobile CHE regulation sets
                                        performance standards for
                                        engines equipped in newly
                                        purchased, leased, or rented
                                        (collectively known as ``newly
                                        acquired''), as well as in-use,
                                        mobile cargo handling equipment
                                        used at ports or intermodal rail
                                        yards in California. The
                                        standards vary depending on the
                                        type of vehicle, whether the
                                        engine is used in off-road
                                        equipment or a vehicle
                                        registered as an on-road motor
                                        vehicle, and whether they are
                                        newly acquired or already in-
                                        use. For more information about
                                        CARB's mobile CHE regulation,
                                        see 77 FR 9916 (February 21,
                                        2012) and 80 FR 26249 (May 7,
                                        2015).
Small Off-Road Engines (SORE)........  CARB's SORE regulations establish
                                        emissions standards for new
                                        spark ignition utility and lawn
                                        and garden equipment engines 25
                                        horsepower and under. For more
                                        information about CARB's SORE
                                        regulations, see 80 FR 26041
                                        (May 6, 2015).
Off-Road Compression -Ignition (CI)    CARB's Off-Road CI Engine
 Engines.                               Regulations establish emissions
                                        standards for new off-road
                                        diesel-powered engines and
                                        equipment. For more information
                                        about CARB's Off-Road CI Engine
                                        Regulations, see 75 FR 8056
                                        (February 23, 2010).
In-Use Portable Diesel-Fueled Engines  CARB's PDE regulation establishes
 (PDE).                                 requirements for in-use portable
                                        diesel-fueled engines 50 brake-
                                        horsepower (hp) and greater.
                                        Specifically, starting on
                                        January 1, 2010, all portable
                                        engines in California must be
                                        certified to meet a federal or
                                        California standard for newly
                                        manufactured off-road engines.
                                        More stringent requirements
                                        apply beginning on January 1,
                                        2020. Fleets of portable engines
                                        must comply with increasingly
                                        more stringent weighted PM
                                        emission fleet averages that
                                        apply on three different
                                        deadlines (January 1, 2013,
                                        January 1, 2017, and January 1,
                                        2020). For more information
                                        about CARB's PDE regulation, see
                                        77 FR 72846 (December 6, 2012).
Portable Equipment Registration        PERP is a voluntary statewide
 Program (PERP).                        program that enables
                                        registration of off-road engines
                                        and equipment that operate at
                                        multiple locations across
                                        California, so that the engine
                                        and equipment owners can operate
                                        throughout California without
                                        obtaining permits from local air
                                        pollution control districts. The
                                        PERP sets out four general
                                        requirements applicable to all
                                        registered equipment: (1)
                                        Registered equipment may not
                                        operate in a manner that causes
                                        a nuisance; (2) registered
                                        equipment may not interfere with
                                        attainment of national or state
                                        ambient air quality standard;
                                        (3) registered equipment many
                                        not cause an exceedance of an
                                        ambient air quality standard;
                                        and (4) owners of registered
                                        equipment must provide notice
                                        and comply with requirements for
                                        prevention of significant
                                        deterioration if it would
                                        constitute a major modification
                                        of that source. The PERP also
                                        has specific requirements for
                                        both registered engines and
                                        certain types of equipment
                                        units. For more information
                                        about CARB's PERP regulations,
                                        see 77 FR 72851 (December 6,
                                        2012).
Spark-Ignition Inboard and Sterndrive  CARB's Inboard and Sterndrive
 Marine Engines.                        Marine Engine regulations
                                        establish tier II hydrocarbon
                                        (HC) and NOX exhaust emissions
                                        standards for new inboard and
                                        sterndrive engines. For more
                                        information about CARB's Marine
                                        SI Engine regulations, see 72 FR
                                        14546 (March 28, 2007) and 76 FR
                                        24872 (May 3, 2011).
Spark-Ignition Marine Engines and      CARB's Marine SI Engine
 Boats (Marine SI).                     regulations establish HC and NOX
                                        exhaust emissions standards for
                                        outboard, inboard, and
                                        sterndrive engines and personal
                                        watercraft. For more information
                                        about CARB's Marine SI Engine
                                        regulations, see 72 FR 14546
                                        (March 28, 2007), 76 FR 24872
                                        (May 3, 2011), and 80 FR 26032
                                        (May 6, 2015).
Off-Highway Recreational Vehicles and  CARB's OHRV regulations establish
 Engines (OHRV).                        exhaust and evaporative emission
                                        standards and test procedures
                                        for OHRVs. The regulations also
                                        establish a ``red tag'' program
                                        under which OHRVs not meeting
                                        the applicable emissions
                                        standards could be certified
                                        subject to use restrictions
                                        (i.e., use in specified areas
                                        during specified times of the
                                        year). For more information
                                        about CARB's OHRV regulations,
                                        see 79 FR 6584 (February 4,
                                        2014).
------------------------------------------------------------------------


[[Page 69923]]

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

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

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

1. Did the state provide adequate public notification and comment 
periods?
    Under CAA section 110(l), SIP revisions must be adopted by the 
state, and the state must provide for reasonable public notice and 
hearing prior to adoption. In 40 CFR 51.102(d), we specify that 
reasonable public notice in this context refers to at least 30 days.
    All of the submitted regulations have gone through extensive public 
comment processes including CARB's workshop and hearing processes prior 
to state adoption of each rule. Also, the EPA's waiver and 
authorization processes provide an opportunity for the public to 
request public hearings to present information relevant to the EPA's 
consideration of CARB's request for waiver or authorization under 
section 209 of the CAA and to submit written comment.
    In addition, on June 19, 2015, CARB published a notice of public 
meeting to be held on July 23, 2015 to consider adoption and submittal 
of the adopted regulations for which the EPA has granted waivers or 
authorization as a revision to the California SIP. CARB held the public 
hearing on July 23, 2015. No written comments were submitted to CARB in 
connection with the proposed SIP revision, and no public comments were 
made at the public hearing. CARB adopted the SIP revision at the July 
23, 2015 Board Hearing (Board Resolution 15-40), and submitted the 
relevant mobile source regulations to the EPA on August 14, 2015 along 
with evidence of the public process conducted by CARB in adopting the 
SIP revision. We conclude that CARB's August 14, 2015 SIP revision 
submittal meets the applicable procedural requirements for SIP 
revisions under the CAA section 110(l) and 40 CFR 51.102.
2. Does the state have adequate legal authority to implement the 
regulations?
    CARB has been granted both general and specific authority under the 
California Health & Safety Code (H&SC) to adopt and implement these 
regulations. California H&SC sections 39600 (``Acts required'') and 
39601 (``Adoption of regulation; Conformance to federal law'') confer 
on CARB the general authority and obligation to adopt regulations and 
measures necessary to execute CARB's powers and duties imposed by state 
law. California H&SC sections 43013(a) and 43018 provide broad 
authority to achieve the maximum feasible and cost-effective emission 
reductions from all mobile source categories. Regarding in-use motor 
vehicles, California H&SC sections 43600 and 43701(b), respectively, 
grant CARB authority to adopt emission standards and emission control 
equipment requirements. Further, California H&SC section 39666 gives 
CARB authority to adopt airborne toxic control measures to reduce 
emissions of toxic air contaminants from new and in-use non-vehicular 
sources.
    As a general matter, as noted above, the CAA assigns mobile source 
regulation to the EPA through title II of the Act and assigns 
stationary source regulation and SIP development responsibilities to 
the states through title I of the Act. In so doing, the CAA preempts 
various types of state regulation of mobile sources as set forth in 
section 209(a) (preemption of state emissions standards for new motor 
vehicles and engines), section 209(e) (preemption of state emissions 
standards for new and in-use nonroad vehicles and engines) and section 
211(c)(4)(A) [preemption of state fuel requirements for motor vehicles, 
i.e., other than California's motor vehicle fuel requirements for motor 
vehicle emission control--section 211(c)(4)(B)]. For certain types of 
mobile source standards, the State of California may request a waiver 
(for motor vehicles) or authorization (for off-road vehicles or 
engines) for standards relating to the control of emissions and 
accompanying enforcement procedures. See CAA sections 209(b) (new motor 
vehicles) and 209(e)(2) (most categories of new and in-use off-road 
vehicles).
    The mobile source regulations that are the subject of today's 
proposed rule are those for which California has sought a waiver or 
authorization and for which the EPA has granted such waiver or 
authorization and thus the regulations proposed for approval today are 
not preempted under the CAA.\5\ 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 Web site also lists relevant 
Federal Register notices that have been issued by the EPA is response 
to California waiver and authorization requests.
---------------------------------------------------------------------------

    \5\ We recognize that our authorization (78 FR 58090, September 
20, 2013) for CARB's in-use off-road diesel-fueled fleet regulations 
has been challenged in both the D.C. Circuit and Ninth Circuit Court 
of Appeals. See Dalton Trucking, Inc. v. EPA (D.C. Cir., No 13-1283) 
and Dalton Trucking, Inc. v. EPA (9th Cir., No. 13-74019). The D.C. 
Circuit will hear oral arguments in the case on November 9, 2015. 
(The Ninth Circuit is holding the cased in abeyance pending a 
decision by the D.C. Circuit concerning jurisdiction.) An adverse 
decision from the D.C. Circuit or Ninth Circuit that remands or 
vacates our authorization of CARB's in-use off-road diesel-fueled 
fleet regulations will prompt reconsideration of our approval of the 
regulations as part of the SIP because, absent authorization, CARB 
will be prohibited from enforcing the regulations and thus will no 
longer be able to provide the necessary assurances called for in CAA 
section 110(a)(2)(E) for the subject regulations.
---------------------------------------------------------------------------

    In addition, the EPA is unaware of any non-CAA legal obstacle to 
CARB's enforcement of the regulations and thus we conclude that the 
state has provided the necessary assurances that the state has adequate 
authority under state law to carry out the SIP revision (and is not 
prohibited by any provision of federal or state law from carrying out 
such SIP) and thereby meets the requirements of CAA section 
110(a)(2)(E) with respect to legal authority.
3. Are the regulations enforceable as required under CAA section 
110(a)(2)?
    We have evaluated the enforceability of the submitted mobile source

[[Page 69924]]

regulations with respect to applicability and exemptions; standard of 
conduct and compliance dates; sunset provisions; discretionary 
provisions; and test methods, recordkeeping and reporting,\6\ and have 
concluded for the reasons given below that the proposed regulations 
would be enforceable for the purposes of CAA section 110(a)(2).
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    \6\ 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 submitted 
regulations would be sufficiently clear as to which persons and which 
vehicles or engines are affected by the regulations. See, e.g., 13 CCR 
section 2430 (applicability provision for off-road LSI engine emission 
standard regulation); 13 CCR section 2449(b) (applicability provision 
for in-use off-road diesel-fueled fleets regulation).
    Second, we find that the submitted regulations would be 
sufficiently specific so that the persons affected by the regulations 
would be fairly on notice as to what the requirements and related 
compliance dates area. For instance, see the performance requirements 
for in-use off-road diesel-fueled fleets in 13 CCR section 2449(d). 
Third, none of the submitted regulations contain sunset provisions that 
automatically repeal the emissions limits by a given date or upon the 
occurrence of a particular event, such as the change in the designation 
of an area from nonattainment to attainment.\7\
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    \7\ The only such provisions in any of the submitted regulations 
are a sunset provision for alternative requirements in the ZEV 
regulations at 13 CCR section 1962.1(b)(2)(B)(3.), and a sunset 
review of the on-road motorcycle standards at 13 CCR section 
1958(h). The latter provision requires CARB to review the on-road 
motorcycle standards in section 1958 to determine whether they 
should be retained, revised, or repealed. Any such revision or 
rescission would not be become effective automatically, but would 
require rulemaking by CARB, and may also require a waiver from the 
EPA depending on the nature or the revision.
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    Fourth, a number of the submitted regulations contain provisions 
that allow for discretion on the part of CARB's Executive Officer. Such 
``director's discretion'' provisions can undermine enforceability of a 
SIP regulation, and thus prevent full approval by the EPA. However, in 
the instances of ``director's discretion'' in the submitted 
regulations, the discretion that can be exercised by the CARB Executive 
Officer is reasonably limited under the terms of the regulations. For 
instance, the regulation establishing standards and other requirements 
related to the control of emissions from commercial harbor craft 
includes alternative control of emissions (ACE) provisions that allow a 
person to be deemed in compliance by implementing an alternative 
emission control strategy (AECS) subject to the approval of the 
Executive Officer. See 13 CCR section 93118.5(f). The regulation 
specifies the application process for such an AECS, requires a number 
of demonstrations to be included (such as equivalent emissions 
reduction), and provides for public review. With such constraints on 
discretion, the ``director's discretion'' contained in the submitted 
regulations would not significantly undermine enforceability of the 
rules by citizens or the EPA.
    Lastly, each of the submitted regulations identifies appropriate 
test methods and includes adequate recordkeeping and reporting 
requirements sufficient to ensure compliance with the applicable 
requirements. The technical support document provides more detail 
concerning the contents of the submitted regulations.
4. Do the regulations interfere with reasonable further progress and 
attainment or any other applicable requirement of the Act?
    All of the state's reasonable further progress (RFP), attainment, 
and maintenance plans rely to some extent on the emission reductions 
from CARB's mobile source program, including the emissions standards 
and other requirements for which the EPA has issued waivers or 
authorizations. For some plans, the reliance is substantial and for 
others the reliance is less. CARB's mobile source program is reflected 
in the emissions estimates for mobile sources that are included in the 
emissions inventories that form the quantitative basis for the RFP, 
attainment, and maintenance demonstrations. As such, CARB's mobile 
source regulations submitted for approval as a revision to the 
California SIP support the various RFP, attainment, and maintenance 
plans, and would not interfere with such requirements for the purposes 
of CAA section 110(l).
    As noted above, CARB expressly excluded certain sections or 
subsections of California code from consideration as part of the SIP 
revision. These provisions relate to GHG motor vehicle emissions 
standards and test procedures, fuel requirements, idling limits, 
opacity standards, daily mass emission limits, and certain labeling and 
consumer notification requirements. We understand that the GHG 
provisions have been excluded because they provide minimal emissions 
reductions over the time period covered by the current generation of 
California RFP, attainment, and maintenance plans. With respect to the 
non-preempted provisions, we understand that they were not included in 
the August 14, 2015 SIP submittal because they are not ``waiver 
measures'' and thus are not relevant for the purposes of responding to 
the Ninth Circuit's decision in Committee for a Better Arvin v. EPA. 
However, we note the general principle that state emissions limitations 
and other control measures that are relied upon to meet CAA SIP 
requirements, such as RFP, attainment or maintenance demonstrations, 
must be approved into the SIP to comply with the requirement for such 
limitations and other control measures to be enforceable for the 
purposes of CAA section 110(a)(2)(A). Thus, we encourage CARB to review 
the RFP, attainment, and maintenance plans for the various air quality 
planning areas in California to ensure that the plans do not rely on 
the associated emissions reductions from the provisions excluded from 
the August 14, 2015 SIP submittal.
5. Will the state have adequate personnel and funding for the 
regulations?
    In its SIP revision submittal, 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.\8\ CARB 
indicates that a majority of CARB's funding comes from dedicated fees 
collected from regulated emission sources and other sources such as 
vehicle registration fees and vehicles license plate fees and that 
these funds can only be used for air pollution control activities. Id. 
For the 2014-2015 budget cycle, CARB had over 700 positions and almost 
$500 million dedicated for the mobile source program developing and 
enforcing regulations. Id. Given the longstanding nature of CARB's 
mobile source program, and its documented effectiveness at achieving 
significant reductions from mobile sources, we find that CARB has 
provided necessary assurances that the state has adequate personnel and 
funding to carry out the mobile source regulations submitted for 
approval as part of the California SIP.
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    \8\ Letter from Richard W. Corey, Executive Officer, CARB, to 
Jared Blumenfeld, Regional Administrator, EPA Region IX, August 14, 
2015.

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[[Page 69925]]

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 Request for 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 
August 14, 2015 that includes certain sections of title 13 and title 17 
of the California Code of Regulations that establish standards and 
other requirements relating to the control of emissions from new 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 December 14, 2015. 
Unless we receive convincing new information during the comment period, 
we intend to publish a final approval action that will incorporate 
these rules into the federally enforceable SIP for the State of 
California.

IV. Incorporation by Reference

    In this proposed rule, 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 certain sections of title 13 and title 17 of 
the California Code of Regulations that establish standards and other 
requirements relating to the control of emissions from new and in-use 
on-road and 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/or 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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, this proposed rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it impose substantial direct costs on tribal governments or 
preempt tribal law.

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: October 30, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2015-28614 Filed 11-10-15; 8:45 am]
BILLING CODE 6560-50-P