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


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

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

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

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

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

Table of Contents

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

I. Background

    Under the Clean Air Act (CAA or ``Act''), the EPA establishes 
national ambient air quality standards (NAAQS) to protect public health 
and welfare, and has established such ambient standards for a number of 
pervasive air pollutants including ozone, carbon monoxide, nitrogen 
dioxide, sulfur dioxide, lead and particulate matter. Under section 
110(a)(1) of the CAA, states must submit plans that provide for the 
implementation, maintenance, and enforcement of the NAAQS within each 
state. Such plans are referred to as SIPs and revisions to those plans 
are referred to as SIP revisions. Section 110(a)(2) of the CAA sets 
forth the content requirements for SIPs. Among the various 
requirements, SIPs must include enforceable emission limitations and 
other control measures, means, or techniques as may be necessary or 
appropriate to meet the applicable requirements of the CAA. See CAA 
section 110(a)(2)(a).
    As a general matter, the CAA assigns mobile source regulation to 
the EPA through title II of the Act and assigns stationary source 
regulation and SIP development responsibilities to the states through 
title I of the Act. In so doing, the CAA preempts various types of 
state regulation of mobile sources as set forth in section 209(a) 
(preemption of state emissions standards for new motor vehicles and 
engines), section 209(e) (preemption of state emissions standards for 
new and in-use off-road vehicles and engines),\1\ and section 
211(c)(4)(A) [preemption of state fuel requirements for motor vehicle 
emission control, i.e., other than California's motor vehicle fuel 
requirements for motor vehicle emission control--see section 
211(c)(4)(B)]. For certain types of mobile source emission standards, 
the State of California may request a waiver (for motor vehicles) or 
authorization (for off-road engines and equipment) for standards 
relating to the control of emissions and accompanying enforcement 
procedures. See CAA sections 209(b) (new motor vehicles) and 209(e)(2) 
(most categories of new and in-use off-road vehicles).
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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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[[Page 14447]]

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

II. The State's Submittal

A. What regulations did the state submit?

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

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

[[Page 14448]]

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

    The regulations submitted by CARB and listed in table 1 incorporate 
by reference documents that establish test procedures and labeling 
specifications, among other things, and CARB submitted the documents as 
part of the overall SIP revision. Table 2 lists the incorporated 
documents included in the SIP submittal.
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    \2\ NMHC and reactive organic gases (ROG) are terms used by 
California in their air quality plans and regulations. NMHC and ROG 
are essentially synonymous with volatile organic compounds (VOCs).

 Table 2--Documents Incorporated by Reference in CARB Regulations Listed
        in Table 1, Above, and Submitted as Part of SIP Revision
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Off-Road LSI Engines:
California Exhaust and Evaporative Emission Standards and Test
 Procedures for New 2010 and Later Off-Road Large Spark-Ignition
 Engines, as last amended November 21, 2008.
California Exhaust and Evaporative Emission Standards and Test
 Procedures for New 2010 and Later Off-Road Large Spark-Ignition Engines
 (2010 and Later Test Procedure 1048), as last amended October 25, 2012.
California Exhaust and Evaporative Emission Standards and Test
 Procedures for New 2007 and Later Off-Road Large Spark-Ignition Engines
 (Test Procedures 1065 and 1068), as last amended October 25, 2012.
Small Off-Road Engines (SORE):
Test Procedure for Determining Permeation Emissions from Small Off-Road
 Engines and Equipment Fuel Tanks (TP-901), adopted July 26, 2004.
Test Procedure for Determining Diurnal Evaporative Emissions from Small
 Off-Road Engines and Equipment (TP-902), adopted July 26, 2004.
Certification and Approval Procedure for Small Off-Road Engine Fuel
 Tanks (CP-901), adopted July 26, 2004.
Certification and Approval Procedures for Evaporative Emission Control
 Systems (CP-902), adopted July 26, 2004.
California Exhaust Emission Standards and Test Procedures for 2005-2012
 Small Off-Road Engines, as last amended October 25, 2012.
California Exhaust Emission Standards and Test Procedures for New 2013
 and Later Small Off-Road Engines; Engine-Testing Procedures (Part
 1054), adopted October 25, 2012.
California Exhaust Emission Standards and Test Procedures for New 2013
 and Later Small Off-Road Engines; Engine-Testing Procedures (Part
 1065), adopted October 25, 2012.
Off-Road Compression-Ignition (OFCI) Engines:
California Exhaust Emission Standards and Test Procedures for New 2008-
 2010 and Later Tier 4 Off-Road Compression-Ignition Engines, as last
 amended October 25, 2012.
California Exhaust Emission Standards and Test Procedures for New 2011
 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-D, as
 last amended October 25, 2012.\a\
California Exhaust Emission Standards and Test Procedures for New 2011
 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-F, as
 last amended October 25, 2012.
California Exhaust Emission Standards and Test Procedures for New 2011
 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-E, as
 adopted October 25, 2012.
Off-Highway Recreational Vehicles and Engines (OHRVs):
California Exhaust Emission Standards and Test Procedures for 1997 and
 Later Off-Highway Recreational Vehicles and Engines, as last amended
 October 25, 2012.
Spark-Ignition Marine Engines (SIME):
California Exhaust Emission Standards and Test Procedures for 2001 Model
 Year and Later Spark-Ignition Marine Engines, as last amended October
 25, 2012.
------------------------------------------------------------------------
Note:
\a\ Excluding optional alternative NMHC plus NOX Tier 4 exhaust emission
  standards and associated family emission limits.

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

[[Page 14449]]

B. Are there other versions of these regulations?

    As noted previously, the CAA generally assigns to the EPA the 
responsibility of establishing standards for the control of emissions 
from mobile sources. However, the State of California was a pioneer in 
establishing standards for the control of emissions from new motor 
vehicles, and, in part due to the state's pioneering efforts, Congress 
established in 1967 a process under which California, alone among the 
states, would be granted a waiver from preemption (if certain criteria 
are met) and thereby enforce its own standards and other requirements 
for the control of emissions from new motor vehicles. In the 1990 CAA 
Amendments, Congress extended a similar process that had been 
established under section 209 for new motor vehicles to new and in-use 
off-road vehicles and engines. See CAA section 209(e)(2). Under the 
1990 CAA Amendments, the EPA must authorize California standards for 
the control of emissions of off-road vehicles and engines if certain 
criteria are met.
    The first waiver granted was for California's On-Road Emissions 
Standards for Model Year (MY) 1968. See 33 FR 10160 (July 16, 1968). 
Since then, there have been dozens of waivers and authorizations 
granted by the EPA for new and amended CARB mobile source regulations. 
The EPA's Office of Transportation and Air Quality maintains a Web site 
that provides a general description of the waiver and authorization 
process and lists all of the various waivers and authorizations granted 
by the Agency to CARB over the years. See 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. However, in the wake of the 
Ninth Circuit's decision in Committee for a Better Arvin v. EPA, on 
August 14, 2015, CARB submitted a large set of mobile source 
regulations to the EPA as a SIP revision and the EPA took final 
approval action on this first set of regulations on June 16, 2016 (81 
FR 39424). CARB's initial set of regulations included regulations 
establishing standards and other requirements relating to the control 
of emissions from new on-road vehicles and engines, including certain 
requirements related to OBD systems, and from new and in-use off-road 
vehicles and engines, including LSI, SORE, CI, OHRV and SIME categories 
of vehicles and engines. CARB's December 7, 2016 SIP revision submittal 
contains certain amended OBD regulations for new on-road vehicles and 
engines and certain amendments to the regulations affecting LSI, SORE, 
CI, OHRV, and SIME categories of off-road vehicles and engines.

C. What is the purpose of the submitted regulations?

    Historically, California has experienced some of the most severe 
and most persistent air pollution problems in the country. Under the 
CAA, based on ambient data collected at numerous sites throughout the 
state, the EPA has designated areas within California as nonattainment 
areas for the ozone NAAQS and the particulate matter (PM) NAAQS, which 
includes both coarse and fine particulate (i.e., PM10 and 
PM2.5). See, generally, 40 CFR 81.305. California also 
includes a number of areas that had been designated as nonattainment 
areas for the carbon monoxide NAAQS that the EPA has redesignated as 
attainment areas because they have attained the standard and are 
subject to an approved maintenance plan demonstrating how they will 
maintain the carbon monoxide standard into the future.
    Mobile source emissions constitute a significant portion of overall 
emissions of carbon monoxide, volatile organic compounds (VOC), oxides 
of nitrogen (NOX), sulfur dioxide (SO2) and PM in 
the various air quality planning areas within California, and thus, the 
purpose of CARB's mobile source regulations is to reduce these 
emissions and thereby reduce ambient concentrations to attain and 
maintain the NAAQS throughout California.\3\ At elevated levels, ozone 
and PM harm human health and the environment by contributing to 
premature mortality, aggravation of respiratory and cardiovascular 
disease, decreased lung function, visibility impairment, and damage to 
vegetation and ecosystems.
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    \3\ VOC and NOX are precursors responsible for the 
formation of ozone, and NOX and SO2 are 
precursors for PM2.5. SO2 belongs to a family 
of compounds referred to as sulfur oxides. PM2.5 
precursors also include VOC and ammonia. See 40 CFR 51.1000.
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D. What requirements do the regulations establish?

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

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

[[Page 14450]]

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

III. EPA's Evaluation and Final Action

A. How is the EPA evaluating the regulations?

    The EPA has evaluated the submitted regulations discussed above 
against the applicable procedural and substantive requirements of the 
CAA for SIPs and SIP revisions and has concluded that they meet all of 
the applicable requirements. Generally, SIPs must include enforceable 
emission limitations and other control measures, means, or techniques, 
as well as schedules and timetables for compliance, as may be necessary 
to meet the requirements of the Act [see CAA section 110(a)(2)(A)]; 
must provide necessary assurances that the state will have adequate 
personnel, funding, and authority under state law to carry out such SIP 
(and is not prohibited by any provision of federal or state law from 
carrying out such SIP) [see CAA section 110(a)(2)(E)]; must be adopted 
by a state after reasonable notice and public hearing [see CAA section 
110(l)], and must not interfere with any applicable requirement 
concerning attainment and reasonable further progress, or any other 
applicable requirement of the Act [see CAA section 110(l)].\4\
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    \4\ CAA section 193, which prohibits any pre-1990 SIP control 
requirement relating to nonattainment pollutants in nonattainment 
areas from being modified unless the SIP is revised to insure 
equivalent or greater emission reductions of such air pollutants, 
does not apply to these regulations because they amend regulations 
previously approved in the California SIP in 2016, and thus, do not 
constitute an amendment to a pre-1990 SIP control requirement.
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B. Do the state regulations meet CAA SIP evaluation criteria?

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

[[Page 14451]]

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

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

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

[[Page 14452]]

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

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

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

C. Final Action and Public Comment

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

IV. Incorporation by Reference

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

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

V. Statutory and Executive Order Reviews

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

[[Page 14453]]

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

List of Subjects in 40 CFR Part 52

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

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

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

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

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

[[Page 14454]]

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


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

* * * * *
    (c) * * *

                             Table 1--EPA-Approved Statutes and State Regulations 1
----------------------------------------------------------------------------------------------------------------
                                                             State                                Additional
          State citation              Title/subject     effective date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1968.2(a), (c) (excluding          Malfunction and           7/31/2013  [Insert Federal      Provisions relate
 ``emission standard,''             Diagnostic System                    Register             to On-Board
 ``evaporative emission             Requirements--2004                   citation], 03/21/    Diagnostic systems
 standards,'' and ``exhaust         and Subsequent                       2017.                requirements (OBD
 emission standards'' or            Model-Year                                                II).
 ``tailpipe emission                Passenger Cars,
 standards''), (d)(3), (d)(4),      Light-Duty Trucks,
 (e)(6), (e)(15), (f)(1)-(f)(9,     and Medium-Duty
 (f)(12), (f)(13), (f)(15),         Vehicles and
 (f)(17), (h)(4), (i)(1), (i)(2),   Engines.
 and (j)(2).
1968.5(a)(3) (excluding            Enforcement of            7/31/2013  [Insert Federal      Provisions related
 ``nonconforming OBD II             Malfunction and                      Register             to enforcement of
 system''), (b)(3), (b)(6), and     Diagnostic System                    citation], 03/21/    OBD II
 (c)(3).                            Requirements for                     2017.                requirements.
                                    2004 and
                                    Subsequent Model-
                                    Year Passenger
                                    Cars, Light-Duty
                                    Trucks, and Medium-
                                    Duty Vehicles and
                                    Engines.
1971.1, excluding the following    On-Board Diagnostic       7/31/2013  [Insert Federal      Amends emission
 definitions: ``emission            System                               Register             standards and
 standard,'' ``evaporative          Requirements--2010                   citation], 03/21/    other requirements
 emission standards,'' and          and Subsequent                       2017.                for On-Board
 ``exhaust emission standards''     Model-Year Heavy-                                         Diagnostic OBD
 or ``tailpipe emission             Duty Engines.                                             (OBD) systems for
 standards'').                                                                                heavy-duty
                                                                                              vehicles.
 
                                                  * * * * * * *
1971.5(a)(3) (excluding            Enforcement of            7/31/2013  [Insert Federal      Amends certain
 amendments to the existing         Malfunction and                      Register             enforcement-
 definition for ``nonconforming     Diagnostic System                    citation], 03/21/    related provisions
 OBD system''), (b)(3), (b)(6)      Requirements for                     2017.                for the OBD
 and (d)(3).                        2010 and                                                  systems
                                    Subsequent Model-                                         requirements for
                                    Year Heavy-Duty                                           heavy-duty
                                    Engines.                                                  vehicles.
 
                                                  * * * * * * *
2403(b)(2)(B) and (d)............  Exhaust Emission          1/10/2013  [Insert Federal      Amends certain
                                    Standards and Test                   Register             certification
                                    Procedures--Small                    citation], 03/21/    requirements and
                                    Off-Road Engines.                    2017.                test procedures.
 
                                                  * * * * * * *
2404(c)(4)(A)....................  Emission Control          1/10/2013  [Insert Federal      Amends the rule to
                                    Labels and                           Register             revise certain
                                    Consumer                             citation], 03/21/    engine label
                                    Information--1995                    2017.                content
                                    and Later Small                                           requirements.
                                    Off-Road Engines.

[[Page 14455]]

 
 
                                                  * * * * * * *
2407(a)(7).......................  New Engine                1/10/2013  [Insert Federal      Specifies use of
                                    Compliance and                       Register             certain test
                                    Production Line                      citation], 03/21/    procedures.
                                    Testing--New Small                   2017.
                                    Off-Road Engine
                                    Selection,
                                    Evaluation, and
                                    Enforcement Action.
 
                                                  * * * * * * *
2412(c) and (d)(1)...............  Emission Standards        1/10/2013  [Insert Federal      Updates references
                                    and Test                             Register             to test
                                    Procedures--New                      citation], 03/21/    procedures.
                                    Off-Highway                          2017.
                                    Recreational
                                    Vehicles and
                                    Engines.
 
                                                  * * * * * * *
2421(a)(1)-(a)(4), (a)(15),        Definitions........       1/10/2013  [Insert Federal      Amends and adds
 (a)(19)-(a)(65).                                                        Register             certain defined
                                                                         citation], 03/21/    terms.
                                                                         2017.
 
                                                  * * * * * * *
2423(a), (b) (excluding optional   Exhaust Emission          1/10/2013  [Insert Federal      Amends the rule to
 alternative NOX + NMHC standards   Standards and Test                   Register             harmonize certain
 and associated family emission     Procedures--Off-                     citation], 03/21/    aspects of the
 limits), (c), (d), (e), (f),       Road Compression-                    2017.                California
 (g), (h), (j), (k), (l) and (m).   Ignition Engines.                                         emissions
                                                                                              requirements with
                                                                                              the corresponding
                                                                                              federal emissions
                                                                                              requirements.
 
                                                  * * * * * * *
2424(a), (b), (c) and (l)........  Emission Control          1/10/2013  [Insert Federal      Amends the rule to
                                    Labels--1996 and                     Register             reflect updated
                                    Later Off-Road                       citation], 03/21/    test procedures
                                    Compression-                         2017.                and to add
                                    Ignition Engines.                                         provisions
                                                                                              prohibiting
                                                                                              altering or
                                                                                              removal of
                                                                                              emission control
                                                                                              information labels
                                                                                              except under
                                                                                              certain
                                                                                              circumstances.
 
                                                  * * * * * * *
2425(a)..........................  Defects Warranty          1/10/2013  [Insert Federal      Amends the rule to
                                    Requirements for                     Register             apply certain
                                    1996 and Later Off-                  citation], 03/21/    federal warranty-
                                    Road Compression-                    2017.                related
                                    Ignition Engines.                                         requirements to
                                                                                              2011 and later
                                                                                              model-year
                                                                                              compression-
                                                                                              ignition engines.
2425.1...........................  Defect                    1/10/2013  [Insert Federal      Amends the rule to
                                    Investigation and                    Register             reflect certain
                                    Reporting                            citation], 03/21/    updated test
                                    Requirements.                        2017.                procedures.
 
                                                  * * * * * * *
2426(a) and (b)..................  Emission Control          1/10/2013  [Insert Federal      Amends an existing
                                    System Warranty                      Register             SIP rule to make
                                    Statement.                           citation], 03/21/    changes conforming
                                                                         2017.                to the changes
                                                                                              made in 13 CCR
                                                                                              Sec.   2423.
 
                                                  * * * * * * *
2427(c)..........................  Production Engine         1/10/2013  [Insert Federal      Amends an existing
                                    Testing,                             Register             SIP rule to
                                    Selection,                           citation], 03/21/    reflect updated
                                    Evaluation, and                      2017.                test procedures.
                                    Enforcement Action.
 

[[Page 14456]]

 
                                                  * * * * * * *
2433(b)(1)(A), (b)(2), (b)(3),     Emission Standards       10/20/2009  [Insert Federal      Amends the rule
 (b)(4), (b)(5), (c) and (d).       and Test                             Register             creating two new
                                    Procedures--Off-                     citation], 03/21/    subcategories of
                                    Road Large Spark                     2017.                LSI engines,
                                    Ignition Engines.                                         establishing
                                                                                              exhaust and
                                                                                              evaporative
                                                                                              emissions
                                                                                              standards for new
                                                                                              2011 and
                                                                                              subsequent model
                                                                                              year LSI engines
                                                                                              in each of these
                                                                                              new subcategories,
                                                                                              and establishing
                                                                                              more stringent
                                                                                              exhaust emissions
                                                                                              standards for 2015
                                                                                              and subsequent
                                                                                              model year LSI
                                                                                              engines with
                                                                                              engine
                                                                                              displacement 825cc
                                                                                              <1.0 L.
2433(c) and (d)(1)...............  Emission Standards        1/10/2013  [Insert Federal      Amends the rule to
                                    and Test                             Register             refer to updated
                                    Procedures--Off-                     citation], 03/21/    test procedures.
                                    Road Large Spark                     2017.
                                    Ignition Engines.
 
                                                  * * * * * * *
2447.............................  California Exhaust        1/10/2013  [Insert Federal      Specifies certain
                                    Emission Standards                   Register             test procedures.
                                    and Test                             citation], 03/21/
                                    Procedures for                       2017.
                                    2001 Model Year
                                    and Later Spark-
                                    Ignition Marine
                                    Engines.
 
                                                  * * * * * * *
2775.............................  Applicability......      12/14/2011  [Insert Federal      Applies to
                                                                         Register             operators of
                                                                         citation], 03/21/    certain off-road
                                                                         2017.                LSI engine
                                                                                              forklifts,
                                                                                              sweepers/
                                                                                              scrubbers,
                                                                                              industrial tow
                                                                                              tractors or
                                                                                              airport ground
                                                                                              support equipment
                                                                                              operated within
                                                                                              the State of
                                                                                              California.
                                                                                              Exemptions
                                                                                              provided for small
                                                                                              fleets and certain
                                                                                              other equipment.
                                                                                              Includes
                                                                                              definitions.
2775.1...........................  Standards..........      12/14/2011  [Insert Federal      Establishes fleet
                                                                         Register             average emission
                                                                         citation], 03/21/    level standards
                                                                         2017.                with certain
                                                                                              exceptions.
2775.2...........................  Compliance               12/14/2011  [Insert Federal      Compliance and
                                    Requirements for                     Register             recordkeeping
                                    Fleet Operators.                     citation], 03/21/    requirements,
                                                                         2017.                provisions for
                                                                                              extensions in
                                                                                              compliance dates.
----------------------------------------------------------------------------------------------------------------
    Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and
   Engines Pollution Control Requirements), Article 3 (Verification Procedure, Warranty, and In-Use Compliance
           Requirements for Retrofits to Control Emissions from Off-Road Large Spark-Ignition Engines)
----------------------------------------------------------------------------------------------------------------
2783(d)(1)-(d)(4)................  Emissions Reduction       1/10/2013  [Insert Federal      Specifies test
                                    Testing                              Register             fuels for
                                    Requirements.                        citation], 03/21/    emissions
                                                                         2017.                reduction testing
                                                                                              purposes for
                                                                                              gasoline-fueled,
                                                                                              off-road, large
                                                                                              spark-ignition
                                                                                              engines.
2784(c)(1)-(c)(4)................  Durability                1/10/2013  [Insert Federal      Specifies test
                                    Demonstration                        Register             fuels for
                                    Requirements.                        citation], 03/21/    durability
                                                                         2017.                demonstration
                                                                                              purposes for
                                                                                              gasoline-fueled,
                                                                                              off-road, large
                                                                                              spark-ignition
                                                                                              engines.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
  SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
  are cited in certain regulations listed in table 1. Approved California statutes that are nonregulatory or
  quasi-regulatory are listed in paragraph (e).


[[Page 14457]]


               Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications
----------------------------------------------------------------------------------------------------------------
                                               State
              Title/subject               effective date       EPA Approval date        Additional explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
California Exhaust and Evaporative            10/20/2009  [Insert Federal Register    Submitted by CARB on
 Emission Standards and Test Procedures                    citation], 03/21/2017.      December 7, 2016.
 for New 2010 and Later Off-Road Large
 Spark-Ignition Engines, (2010 and Later
 Test Procedure 1048), amended November
 21, 2008.
California Exhaust and Evaporative             1/10/2013  [Insert Federal Register    Submitted by CARB on
 Emission Standards and Test Procedures                    citation], 03/21/2017.      December 7, 2016.
 for New 2010 and Later Off-Road Large
 Spark-Ignition Engines, (2010 and Later
 Test Procedure 1048), amended October
 25, 2012.
 
                                                  * * * * * * *
California Exhaust and Evaporative             1/10/2013  [Insert Federal Register    Submitted by CARB on
 Emission Standards and Test Procedures                    citation], 03/21/2017.      December 7, 2016.
 for New 2007 and Later Off-Road Large
 Spark-Ignition Engines (Test Procedures
 1065 and 1068), amended October 25,
 2012.
Small Off-Road Engine and Equipment           10/20/2004  [Insert Federal Register    Submitted by CARB on
 Evaporative Emissions Test Procedure                      citation], 03/21/2017.      December 7, 2016.
 (TP-901), adopted July 26, 2004.
Small Off-Road Engine and Equipment           10/20/2004  [Insert Federal Register    Submitted by CARB on
 Evaporative Emissions Test Procedure                      citation], 03/21/2017.      December 7, 2016.
 (TP-902), adopted July 26, 2004.
Small Off-Road Engine Evaporative             10/20/2004  [Insert Federal Register    Submitted by CARB on
 Emission Control System Certification                     citation], 03/21/2017.      December 7, 2016.
 Procedure (CP-901), adopted July 26,
 2004.
Small Off-Road Engine Evaporative             10/20/2004  [Insert Federal Register    Submitted by CARB on
 Emission Control System Certification                     citation], 03/21/2017.      December 7, 2016.
 Procedure (CP-902), adopted July 26,
 2004.
 
                                                  * * * * * * *
California Exhaust Emission Standards          1/10/2013  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2005 and Later                    citation], 03/21/2017.      December 7, 2016.
 Small Off-Road Engines, as last amended
 October 25, 2012.
California Exhaust Emission Standards          1/10/2013  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for New 2013 and                      citation], 03/21/2017.      December 7, 2016.
 Later Small Off-Road Engines, Engine-
 Testing Procedures (Part 1054), adopted
 October 25, 2012.
California Exhaust Emission Standards          1/10/2013  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for New 2013 and                      citation], 03/21/2017.      December 7, 2016.
 Later Small Off-Road Engines, Engine-
 Testing Procedures (Part 1065), adopted
 October 25, 2012.
 
                                                  * * * * * * *
California Exhaust Emission Standards          1/10/2013  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for New 2008-2010                     citation], 03/21/2017.      December 7, 2016.
 Tier 4 Off-Road Compression-Ignition
 Engines, Part I-C, as last amended
 October 25, 2012.
California Exhaust Emission Standards          1/10/2013  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for New 2011 and                      citation], 03/21/2017.      December 7, 2016.
 Later Tier 4 Off-Road Compression-
 Ignition Engines, Part I-D, as last
 amended October 25, 2012 (excluding
 optional alternative NOX + NMHC
 standards and associated family
 emission limits in Sec.   1039.102(e).
California Exhaust Emission Standards          1/10/2013  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for New 2011 and                      citation], 03/21/2017.      December 7, 2016.
 Later Tier 4 Off-Road Compression-
 Ignition Engines, Part I-F, as last
 amended October 25, 2012.
California Exhaust Emission Standards          1/10/2013  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for New 2011 and                      citation], 03/21/2017.      December 7, 2016.
 Later Tier 4 Off-Road Compression-
 Ignition Engines, Part I-E, adopted
 October 25, 2012.
 
                                                  * * * * * * *
California Exhaust Emission Standards          1/10/2013  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 2001 Model Year                   citation], 03/21/2017.      December 7, 2016.
 and Later Spark-Ignition Marine
 Engines, as last amended October 25,
 2012.
 
                                                  * * * * * * *
California Exhaust Emissions Standards         1/10/2013  [Insert Federal Register    Submitted by CARB on
 and Test Procedures for 1997 and Later                    citation], 03/21/2017.      December 7, 2016.
 Off-Highway Recreational Vehicles and
 Engines, as last amended October 25,
 2012.
----------------------------------------------------------------------------------------------------------------


[[Page 14458]]

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