[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Proposed Rules]
[Pages 62337-62341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21910]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0503; FRL-9936-01-R9]


Air Plan Approval; California; Innovative Clean Transit 
Regulation

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) 
concerning particulate matter (PM) and oxides of nitrogen 
(NOX) emissions from public transit buses. We are proposing 
to approve State rules that 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: Comments must be received on or before November 14, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0503 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. 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://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a 
language other than English or if you are a person with disabilities 
who needs a reasonable accommodation at no cost to you, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4152 or by 
email at [email protected].

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

Table of Contents

I. The State's Submission
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
    D. What requirements does the regulation establish?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the regulation?
    B. Does the regulation meet the evaluation criteria?
    C. The EPA's Recommendations To Further Improve the Rules
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submission

A. What rules did the State submit?

    On December 14, 2018, the California Air Resources Board (CARB) 
adopted a set of rules referred to as the Innovative Clean Transit 
(ICT) regulation. On August 13, 2019, the California Office of 
Administrative Law (OAL) approved the ICT regulation, effective October 
1, 2019. On February 13, 2020, CARB submitted the ICT regulation to the 
EPA as a revision to the California SIP.\1\ Table 1 lists the specific 
sections of Title 13, Division 3, Chapter 1, Article 4.3 of the 
California Code of Regulations (CCR) that comprise the ICT regulation.
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    \1\ CARB submitted the ICT Regulation electronically to the EPA 
on February 13, 2020 as an attachment to a letter dated February 12, 
2020.

[[Page 62338]]



                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                       State        Submission
           Agency                 Section No. 13 CCR            Rule title        effective date       date
----------------------------------------------------------------------------------------------------------------
CARB.......................  2023.......................  Innovative Clean            10/01/2019      02/13/2020
                                                           Transit Regulations
                                                           Applicability and
                                                           Scope.
CARB.......................  2023.1.....................  Zero-Emission Bus           10/01/2019      02/13/2020
                                                           Requirements.
CARB.......................  2023.2.....................  Compliance Option for       10/01/2019      02/13/2020
                                                           Joint Zero-Emission
                                                           Bus Groups.
CARB.......................  2023.3.....................  Zero-Emission Bus           10/01/2019      02/13/2020
                                                           Bonus Credits.
CARB.......................  2023.4.....................  Provisions for              10/01/2019      02/13/2020
                                                           Exemption of a Zero-
                                                           Emission Bus Purchase.
CARB.......................  2023.5.....................  Zero-Emission Mobility      10/01/2019      02/13/2020
                                                           Option.
CARB.......................  2023.6.....................  Low-NOX Engine              10/01/2019      02/13/2020
                                                           Purchase Requirements.
CARB.......................  2023.7.....................  Requirements to Use         10/01/2019      02/13/2020
                                                           Renewable Fuels.
CARB.......................  2023.8.....................  Reporting Requirements      10/01/2019      02/13/2020
                                                           for Transit Agencies.
CARB.......................  2023.9.....................  Record Keeping              10/01/2019      02/13/2020
                                                           Requirements.
CARB.......................  2023.10....................  Authority to Suspend,       10/01/2019      02/13/2020
                                                           Revoke or Modify.
CARB.......................  2023.11....................  Severability..........      10/01/2019      02/13/2020
----------------------------------------------------------------------------------------------------------------

    In addition to the Final Regulation Order and documentation of OAL 
approval, CARB's February 13, 2020 SIP submission includes CARB Staff 
Report: Initial Statement of Reasons (August 7, 2018) and related 
appendices; the Notice of Public Hearing, dated July 24, 2018, for a 
hearing on September 27, 2018; CARB Resolution 18-60 (December 14, 
2018) through which CARB adopted the ICT regulation; and the Final 
Statement of Reasons (June 2019) and related appendices. On August 13, 
2019, the submission from CARB was deemed by operation of law to meet 
the completeness criteria in 40 CFR part 51, appendix V.\2\
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    \2\ See CAA section 110(k)(1)(B).
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    On August 11, 2022, CARB supplemented the February 13, 2020 SIP 
submission.\3\ The August 11, 2022 supplement includes certain 
additional definitions codifed in the CCR or California Health & Safety 
Code (CH&SC) that are relied upon in the ICT regulation. The specific 
definitions submitted on August 11, 2022 are listed in table 2.
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    \3\ Shirin Barfjani, Air Pollution Specialist, CARB, email 
correspondence to Jeffrey Buss, EPA Region 9, August 11, 2022.

    Table 2--Submitted Additional Definitions Relied Upon by the ICT
                               Regulation
------------------------------------------------------------------------
                         CCR, CH&SC or                         State
        Agency            CVC section         Title       effective date
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CARB.................  CH&SC 39012.....  Air Basin......      01/01/1976
CARB.................  17 CCR            Untitled but         07/01/2020
                        95481(a)(30).     defines the
                                          term
                                          ``compressed
                                          natural gas
                                          (CNG)''.
CARB.................  13 CCR            Untitled but         10/16/2017
                        2208(c)(18).      defines the
                                          term ``Low-NOX
                                          engine''.
CARB.................  17 CCR 60100(e).  Untitled but         07/05/1978
                                          defines the
                                          Sonoma County
                                          portion of the
                                          North Coast
                                          Basin.
CARB.................  17 CCR 60013....  Lake Tahoe Air       01/30/1976
                                          Basin.
CARB.................  17 CCR            Untitled but         07/01/2020
                        95481(a)(130).    defines the
                                          term
                                          ``Renewable
                                          hydrocarbon
                                          diesel''.
CARB.................  17 CCR            Untitled but         07/01/2020
                        95481(a)(22).     defines the
                                          term
                                          ``Biomethane''.
CARB.................  13 CCR 2020(b)..  Definitions....      01/02/2010
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B. Are there other versions of these rules?

    The ICT regulation replaces an earlier CARB regulation referred to 
as the Fleet Rule for Transit Agencies. CARB originally adopted the 
Fleet Rule for Transit Agencies in 2000, and amended the rule in 2004 
and 2006. The Fleet Rule for Transit Agencies was never submitted or 
approved as part of the California SIP.

C. What is the purpose of the submitted rules?

    Emissions of 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), contribute 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. Additionally, emissions of NOX contribute to the 
production of ground-level ozone, which harms human health and the 
environment. Section 110(a) of the CAA requires states to submit 
regulations that control PM and NOX emissions.
    The purpose of the ICT regulation is to transition California 
public transit bus fleets to zero-emission technologies by 2040. The 
ICT regulation was developed to ensure transit service integrity and 
program feasibility through this transformation. The ICT regulation was 
included as one of the regulatory measures adopted by CARB in the 2016 
State SIP Strategy to achieve emissions reductions of NOX 
and PM emissions needed to attain the National Ambient Air Quality 
Standard (NAAQS), particularly in the South Coast and San Joaquin 
Valley air quality planning areas.\4\ Furthermore, CARB notes that the 
ICT regulation furthers state environmental justice goals by 
transitioning to clean transportation modes in low-income and 
disadvantaged communities.\5\
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    \4\ CARB, Revised Proposed 2016 State Strategy for the State 
Implementation Plan, March 7, 2017, pages 69-71. The EPA approved 
the 2016 State SIP Strategy as a revision to the California SIP at 
February 12, 2019, 84 FR 3302; corrected at May 3, 2019, 84 FR 
19680; and at October 1, 2019, 84 FR 52005.
    \5\ CARB; Public Hearing to Consider the Proposed Innovative 
Clean Transit Regulation, a Replacement of the Fleet Rule for Public 
Agencies; Staff Report: Initial Statement of Reasons; Date of 
Release: August 7, 2018 (``CARB's ICT Staff Report''); chapter 7 
(``Environmental Justice'').
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    As adopted, CARB estimates that the ICT regulation will reduce 
NOX and PM emissions by approximately 7,032 and 39.4 tons, 
respectively, on a statewide

[[Page 62339]]

basis between 2020 and 2050.\6\ In addition, CARB anticipates that the 
Zero-Emission Bus (ZEB) technologies deployed under the ICT regulation 
will assist the future advanced technology deployment in other heavy-
duty on-road sectors to further help achieve the emission reduction 
goals identified in the 2016 State SIP Strategy.
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    \6\ CARB's ICT Staff Report, page IV-2.
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D. What requirements does the regulation establish?

    The ICT regulation applies to any public transit agency that owns, 
operates, leases, rents, or contracts with another entity to operate 
buses in California, but the term ``transit agency'' does not mean a 
correctional facility, airport, college or university, national park, 
tour bus service provider, or an entity that provide shuttle services 
solely for patrons of its organization.\7\ The regulation also does not 
apply to school buses, vehicles on rails, or trolleybuses even if 
operated by a public transit agency and does not apply to Caltrans, 
Caltrain, Amtrak, or any local school district.\8\
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    \7\ 13 CCR 2023(a)(1) and (b)(51).
    \8\ 13 CCR 2023(a)(2).
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    CARB's ICT regulation requires public transit agencies to submit a 
ZEB Rollout Plan approved by the applicable governing board that 
demonstrates how the agency plans for ZEB purchase and infrastructure 
buildout, and associated financial planning and workforce training by 
certain deadlines established in the regulation.\9\ The regulation also 
establishes ZEB purchase requirements that provide for an increasing 
percentage of new buses \10\ to be ZEBs such that, by January 1, 2029, 
all new bus purchases must be ZEBs.\11\
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    \9\ 13 CCR 2023 and 2023.1.
    \10\ Under the ICT regulation, the term ``bus'' means a rubber-
tire vehicle designed to transport passengers by road with gross 
vehicle weight rating (GVWR) greater than 14,000 pounds. See 13 CCR 
2023(b)(6).
    \11\ 13 CCR 2023.1.
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    The regulation also provides for waivers for early compliance and 
provides certain compliance flexibility through provisions allowing 
pooling of resources among multiple transit agencies, establishing 
options for other, zero-emission transit services and allowing 
extensions or exemptions from ZEB purchase requirements for 
circumstances outside the transit agency's control.\12\ The ICT 
regulation also requires generally that, when new conventional internal 
combustion engine bus or hybrid bus purchases are made, transit 
agencies must purchase buses with low-NOX engines that meet 
certain criteria if low-NOX engines are available for the 
bus type and propulsion system type being purchased.\13\ For large 
transit agencies, the ICT regulation requires them to use renewable 
diesel or natural gas to fuel their buses that have not yet converted 
to ZEBs.\14\ Finally, the ICT regulation includes reporting and 
recordkeeping requirements to ensure compliance with the 
regulation.\15\
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    \12\ 13 CCR 2023.1, 2023.2 and 2023.4.
    \13\ 13 CCR 2023.6
    \14\ 13 CCR 2023.7.
    \15\ 13 CCR 2023.8 and 2023.9.
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II. The EPA's Evaluation and Action

A. How is the EPA evaluating the regulation?

    The EPA has evaluated the ICT regulation against the applicable 
procedural and substantive requirements of the CAA for SIPs and SIP 
revisions and has concluded that the ICT regulation meets 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)].\16\
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    \16\ 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 the ICT rgulation because it does not represent 
pre-1990 SIP control requirements.
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B. Does the regulation meet the evaluation criteria?

1. Did the State provide for reasonable public notice and hearing prior 
to adoption?
    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. 
The ICT regulation was adopted by the CARB Board on December 14, 2018, 
through Resolution 18-60 following a public hearing held on that same 
day.\17\ Prior to adoption, CARB published notice of a September 27, 
2018 public hearing on July 24, 2018, and provided a 45-day comment 
period.\18\ CARB subsequently provided public notice and a 15-day 
comment period on modifications made to the original draft regulation 
that was the subject of the September 27, 2018 hearing. The CARB 
Executive Officer submitted the final ICT rulemaking package to the 
California Office of Administrative Law (OAL) on July 3, 2019. OAL 
approved the rulemaking and filed with the California Secretary of 
State on August 13, 2019. The effective date under State law is October 
1, 2019. CARB submitted the OAL-approved Final Regulation Order to the 
EPA on February 13, 2020, along with various other materials comprising 
the SIP submission package, including copies of public comments 
received during the two comment periods and CARB's responses to the 
comments.
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    \17\ CARB Resolution 18-60 (page 4) states: ``WHEREAS, In March 
2017, the Board adopted the State Strategy for the State 
Implementation Plan, which identifies the deployment of zero-
emission buses as a necessary component for California to achieve 
established near- and long-term air quality and climate mitigation 
targets (Resolution 17-7, March 23, 2017).''
    \18\ The July 24, 2018 public notice (page 20) states: ``If 
adopted by CARB, CARB plans to submit the proposed regulatory action 
to the United States Environmental Protection Agency (U.S. EPA) for 
approval as a revision to the California State Implementation Plan 
(SIP) required by the federal Clean Air Act (CAA). The adopted 
regulatory action would be submitted as a SIP revision because it 
amends regulations intended to reduce emissions of air pollutants in 
order to attain and maintain the National Ambient Air Quality 
Standards promulgated by U.S. EPA pursuant to the CAA.''
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    Based on the materials provided in the February 13, 2020 SIP 
submission and summarized above, we find that CARB has met the 
procedural requirements for adoption and submission of SIPs and SIP 
revisions under CAA section 110(l) and 40 CFR 51.102.
2. Does the State have adequate legal authority to implement the 
regulation?
    CARB has been granted both general and specific authority under the 
CH&SC to adopt and implement these regulations. CH&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. CH&SC sections 43013(a) and 43018 provide 
broad authority to achieve the maximum feasible and cost-effective 
emission

[[Page 62340]]

reductions from all mobile source categories, including both on-road 
and off-road diesel engines.
    Moreover, we know of no obstacle under Federal or State law in 
CARB's ability to implement the regulations. 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. More 
specifically, with respect to new motor vehicles, CAA section 209(a) 
provides that no state or any political subdivision may adopt or 
attempt to enforce any standard relating to the control of emissions 
from new motor vehicles or new motor vehicle engines. CAA section 
209(b) provides that the EPA must issue waivers to California for 
standards otherwise preempted under CAA section 209(a) if certain 
criteria are met. However, in this instance, CARB is setting forth 
requirements related to transit bus purchases directed at public 
transit agencies and has not adopted or attempted to enforce a 
``standard'' relating to the control of emissions from new motor 
vehicles for the purposes of CAA section 209(a) (e.g., CARB has not set 
a regulatory requirement on private fleet operator purchases within the 
State).\19\ Consequently, the ICT regulation is not preempted under CAA 
section 209(a) and does not require an EPA waiver under CAA section 
209(b). The ICT regulation, however, does reduce emissions from a 
certain class of public vehicles and therefore is more stringent than 
the otherwise applicable State or Federal standards.
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    \19\ See Engine Manufacturers Ass'n v. South Coast Air Quality 
Management District, 541 U.S. 246 (2004) and subsequent history at 
2005 WL 1163437 (C.D. Cal. 2005) and 498 F.3d. 1031 (9th Cir. 2007).
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3. Is the regulation enforceable as required under CAA section 
110(a)(2)?
    We have evaluated the enforceability of the ICT regulation with 
respect to applicability and exemptions; standard of conduct and 
compliance dates; sunset provisions; discretionary provisions; and test 
methods, recordkeeping and reporting,\20\ and have concluded for the 
reasons given below that the regulation is enforceable for the purposes 
of CAA section 110(a)(2).
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    \20\ These concepts are discussed in detail in an EPA memorandum 
from J. Craig Potter, EPA Assistant Administrator for Air and 
Radiation, et al., titled ``Review of State Implementation Plans and 
Revisions for Enforceability and Legal Sufficiency,'' dated 
September 23, 1987.
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    First, with respect to applicability, we generally find that the 
ICT regulation is sufficiently clear as to which entities are subject 
to the requirements in the regulation and which entities are 
exempt.\21\ Second, we find that the ICT regulation is, as a general 
matter, sufficiently specific so that the persons affected by the 
regulation are fairly on notice as to what the requirements and related 
compliance dates are.\22\ To a large extent, we have already described 
the substantive requirements and compliance dates set forth in the ICT 
regulation in section I.D of this document. We note, however, that the 
definitions set forth in the ICT regulation cite to other sections of 
California code or regulation, and thus, the definitions in the ICT 
regulation would be ambiguous for the purposes of enforcement of the 
SIP unless the other sections of California code or regulation on which 
the ICT regulation relies are submitted and approved into the SIP along 
with the ICT regulation. On August 11, 2022, CARB supplemented the 
original SIP submission with additional sections of California code or 
regulation on which the ICT regulation relies (see table 2, above) to 
the EPA for SIP approval to avoid the potential ambiguity in the ICT 
regulation. With respect to compliance dates, we note that no 
compliance date in the ICT regulation extends past January 1, 2029, 
which is consistent with the attainment needs for California with 
respect to the attainment deadline for the South Coast and San Joaquin 
Valley ``Extreme'' nonattainment areas for the 2008 ozone NAAQS.
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    \21\ 13 CCR 2023.
    \22\ 13 CCR 2023.1.
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    Third, the ICT regulation does not include sunset provisions. 
Fourth, we note that the ICT regulation does not 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 EPA. In the case of 
the ICT regulation, the regulation allows transit agencies to request 
an exemption from the ZEB requirement under certain specified 
circumstances. Specifically, under 13 CCR 2023.4, transit agencies may 
request an exemption from purchasing ZEBs under any of five 
circumstances, all of which must be outside the transit agencies' 
control. Exemptions are allowed when:
    1. a delay in bus delivery is caused by a setback in the 
construction of infrastructure needed for the ZEB;
    2. available ZEBs cannot meet a transit agency's daily mileage 
needs;
    3. available ZEBs do not have adequate gradeability performance to 
meet the transit agency's daily needs for any bus in its fleet;
    4. a required ZEB type for the applicable weight class (based on 
gross vehicle weight rating (GVWR)) is unavailable for purchase; or
    5. the ZEB purchase requirements in section 2023.1(a) cannot be met 
due to financial hardship.\23\
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    \23\ Financial hardship would be granted if a fiscal emergency 
is declared under a resolution by a transit agency's governing body 
following a public hearing, a transit agency can demonstrate that it 
cannot offset the incremental cost of purchasing all available zero-
emission buses when compared to the cost of the same type of 
conventional bus, or a transit agency can demonstrate that it cannot 
offset the managed, net electricity cost for depot charging battery 
electric buses when compared to the fuel cost of the same type of 
conventional internal combustion engine buses. 13 CCR 
2023.4(c)(5)(A).
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    In each instance, the regulation sets forth the documentation 
required to establish an exemption, and, if fulfilled, the CARB 
Executive Officer must issue the exemption, thereby avoiding 
problematic ``director's discretion'' with respect to the issuance of 
exemptions by the CARB Executive Officer. Lastly, the ICT regulation 
includes recordkeeping and reporting requirements that are sufficient 
to ensure compliance with the applicable requirements.\24\
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    \24\ 13 CCR 2023.8 and 2023.9.
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4. Do the regulations interfere with reasonable further progress (RFP) 
and attainment or any other applicable requirement of the Act?
    The ICT regulation is an outgrowth of a commital measure for 
further deployment of zero-emission bus technologies in the public 
transit sector that was adopted by CARB in the 2016 State SIP Strategy. 
The ICT regulation would achieve incremental emissions reductions 
needed to attain the NAAQS, particularly in the South Coast and San 
Joaquin Valley air quality planning areas. Thus, we find that the 
approval of the ICT regulation is consistent with CAA section 110(l) 
and would not interfere with RFP, attainment or any other applicable 
requirement of the Act.
5. Will the State have adequate personnel and funding for the 
regulations?
    Chapter XIII of CARB's ICT Staff Report addresses economic impacts 
associated with the ICT regulation, including personnel requirements 
for CARB and fiscal impacts to public transit agencies. CARB's economic 
impacts assessment concludes that the ICT regulation would require only 
one additional person-year for developing a reporting system and 
updating fleet information prior to initial reporting in 2020, 
assisting transit agencies with compliance and annual reporting,

[[Page 62341]]

disseminating information to transit fleets, and enforcement (including 
auditing reported information, and site visits to confirm vehicle 
equipment).\25\ As such, we find that CARB has adequate personnel and 
funding for the ICT regulation.
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    \25\ CARB's ICT Staff Report, page VIII-28.
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6. EPA's Regulation Evaluation Conclusion
    Based on the above discussion, we believe these regulations are 
consistent with the relevant CAA requirements, policies and guidance.

C. The EPA's Recommendations To Further Improve the Rules

    Several of the defined terms in the ICT regulation reference 
definitions set forth in paragraphs of other CCR sections that have 
been renumbered since the ICT regulation was adopted. The cross-
references should be updated when CARB next considers amendments to the 
ICT regulation. The specific defined terms with the outdated CCR 
references include: (1) the term ``compressed natural gas (CNG),'' 
which should be updated to cite 17 CCR 95481(a)(30) rather than 17 CCR 
95481(a)(27); (2) the term ``renewable hydrocarbon diesel,'' which 
should be updated to cite 17 CCR 95481(a)(130) rather than 17 CCR 
95481(a)(123); and (3) the term ``biomethane,'' which should be updated 
to cite 17 CCR 95481(a)(22) rather than 17 CCR 95481(a)(20).

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted ICT regulation because it fulfills all 
relevant requirements. We will accept comments from the public on this 
proposal until November 14, 2022. If we take final action to approve 
the submitted ICT regulation, our final action will incorporate the 
associated rules 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 California rules listed in tables 1 and 2 and discussed 
in Section I of this preamble. The EPA has made, and will continue to 
make, these materials available through https://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 CAA, 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 CAA. Accordingly, this 
proposed action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 CAA; and
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the proposed rule does not have tribal implications and 
will not impose substantial direct costs on tribal governments or 
preempt tribal law as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).
    The Innovative Clean Transit regulation furthers state 
environmental justice goals by transitioning to clean transportation 
modes in low-income and disadvantaged communities. There is no 
information in the record inconsistent with the stated goals of E.O. 
12898 of achieving environmental justice for people of color, low-
income populations, and indigenous peoples.

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.

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

    Dated: October 3, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-21910 Filed 10-13-22; 8:45 am]
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