[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Proposed Rules]
[Pages 45548-45549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20963]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0383; FRL-9968-31-Region 9]


Approval of California Air Plan Revisions; Anti-Idling 
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). 
This revision concerns emissions of volatile organic compounds (VOCs), 
oxides of nitrogen (NOX) and particulate matter (PM) from 
the idling of diesel-powered trucks. We are proposing to approve 
portions of a state rule to regulate these emission sources under the 
Clean Air Act (CAA or the Act). We are taking comments on this proposal 
and plan to follow with a final action.

DATES: Any comments must arrive by October 30, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0383 at https://www.regulations.gov, or via email to Jeffrey 
Buss, Rulemaking Office 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, (415) 
947-4152, [email protected].

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

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    This proposal addresses subsections (c)(1)(A) and (c)(1)(B) of 
Title 13 California Code of Regulations (CCR) Section 2485, ``Airborne 
Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle 
Idling'' (collectively, ``Idling Restrictions''). The California Air 
Resources Board (CARB) adopted Section 2485 on September 1, 2006, and 
submitted the Idling Restrictions and other portions of Section 2485 to 
the EPA on December 9, 2011. On May 9, 2012, this submittal was deemed 
by operation of law to meet the completeness criteria in 40 CFR part 51 
Appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of the Idling Restrictions. However, 
other portions of 13 CCR 2485 were subject to a CAA section 209 waiver 
requirement,\1\ and were previously approved into the California 
SIP.\2\
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    \1\ See 77 FR 9239 (February 16, 2012).
    \2\ See 81 FR 39423, 39443 (June 16, 2016).
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C. What is the purpose of the submitted rule?

    The Idling Restrictions were adopted to reduce emissions of 
NOX, reactive organic gases \3\ (ROG) and PM.\4\ 
NOX and VOCs help produce ground-level ozone, smog and PM, 
which harm

[[Page 45549]]

human health and the environment. In addition, PM, including PM equal 
to or less than 2.5 microns in diameter (PM2.5) and PM equal 
to or less than 10 microns in diameter (PM10), contributes 
to effects that are harmful to human health and the environment, 
including premature mortality, aggravation of respiratory and 
cardiovascular disease, decreased lung function, visibility impairment, 
and damage to vegetation and ecosystems. Section 110(a) of the CAA 
requires states to submit regulations that control these pollutants. 
The Idling Restrictions reduce emissions of these pollutants by 
limiting the idling of commercial diesel trucks. The EPA's technical 
support document (TSD) contains more information about these 
provisions.
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    \3\ CARB uses the term ROG to refer to a class of VOCs that are 
sufficiently reactive with sources of oxygen molecules such as 
NOX, and carbon monoxide (CO) in the atmosphere in the 
presence of sunlight. In contrast, the EPA uses the term VOCs, but 
exempts certain VOCs that are non-reactive or of negligible 
reactivity in our regulations. See 40 CFR 51.100(s).
    \4\ See California Air Resources Board, Staff Report, ``Initial 
Statement of Reasons: Notice of Public Hearing to Consider 
Requirements to Reduce Idling Emissions from New and In-Use Trucks, 
Beginning in 2008,'' September 1, 2005, at page 7.
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II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193). Lastly, in reviewing submittals of 
state/local prohibitory rules, EPA routinely evaluates whether they 
satisfy applicable CAA control requirements, including the CAA section 
172 requirement for Reasonable Available Control Measures (RACM).

B. Does the rule meet the evaluation criteria?

    The Idling Restrictions contain clear, specific and enforceable 
standards for the operation of covered vehicles, and satisfy the 
enforceability criterion in CAA section 110(a)(2). These provisions 
strengthen the SIP by establishing new operating standards that 
complement the previously approved technology requirements in Section 
2485. The Idling Restrictions do not interfere with applicable 
requirements concerning attainment and reasonable further progress or 
other CAA requirements, as set forth in CAA section 110(l), and do not 
modify any existing SIP control requirement in a nonattainment area, in 
accordance with CAA section 193.
    With respect to CAA section 172 RACM requirements, we generally 
evaluate RACM in the context of a specific SIP, but we have determined 
that the vehicle operator requirements in the Idling Restrictions 
constitute RACM-level controls because they limit idling from the 
primary vehicle engine to 5 minutes. We are unaware of any idling 
restriction in place in another area that is fewer than 5 minutes. The 
TSD has more information on our evaluation.

C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rule because we believe it fulfills all 
relevant requirements. We will accept comments from the public on this 
proposal until October 30, 2017. If we take final action to approve the 
submitted rule, our final action will incorporate this rule into the 
federally enforceable SIP.

III. Incorporation by Reference

    In this 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 the portions of title 13 CCR 2485 described above. The EPA 
has made, and will continue to make, these materials available through 
www.regulations.gov and at the EPA Region IX Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

IV. 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 they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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 disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, 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: September 7, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-20963 Filed 9-28-17; 8:45 am]
 BILLING CODE 6560-50-P