[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Rules and Regulations]
[Pages 39423-39446]
[FR Doc No: 2016-13941]

Vol. 81

Thursday,

No. 116

June 16, 2016

Part III

Environmental Protection Agency

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40 CFR Part 52

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

Federal Register / Vol. 81 , No. 116 / Thursday, June 16, 2016 /
Rules and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0622; FRL-9947-59-Region 9]

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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the California State Implementation
Plan (SIP) consisting of certain state regulations establishing
standards and other requirements relating to the control of emissions
from new on-road and new and in-use off-road vehicles and engines. 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 July 18, 2016.

ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R09-OAR-2015-0622. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through http://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Doris Lo, EPA Region IX, (415) 972-
3959<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On November 12, 2015 (80 FR 69915) (``proposed rule''), the EPA
proposed to approve a SIP revision submitted by the California Air
Resources Board (CARB) on August 14, 2015 consisting of certain state
regulations establishing standards and other requirements relating to
the control of emissions from new on-road and new and in-use off-road
vehicles and engines (referred to herein as ``mobile source
regulations'') for which the EPA has previously issued waivers or
authorizations under section 209(b) and section 209(e)(2),
respectively, of the Clean Air Act (Act or CAA).
    Our proposed rule provides background information concerning the
CAA, national ambient air quality standards (NAAQS), SIPs, and other
matters pertinent to this rulemaking. See 80 FR at pages 69916-69917.
We noted in particular that a basic content requirement for SIPs is
that they include enforceable emission limitations and other control
measures, means, or techniques as may be necessary or appropriate to
meet the applicable requirements of the CAA (see section 110(a)(2)(A)).
We also noted that the EPA's long-standing practice was to allow
California emissions reductions credit for mobile source regulations
for which the EPA had issued waivers or authorizations under section
209 but that had not been submitted or approved as part of the SIP. We
noted that the EPA's rationale for this long-standing practice was
rejected by the Ninth Circuit in Committee for a Better Arvin v. EPA,
786 F.3d 1169 (9th Cir. 2015) (``Committee for a Better Arvin''), and
that the decision in Committee for a Better Arvin led to the submittal
by CARB of the mobile source regulations as a SIP revision on August
14, 2015.
    In our proposed rule, we describe CARB's August 14, 2015 SIP
revision as consisting of the regulations themselves and documentation
of the public process conducted by CARB in approving the regulations as
part of the California SIP. Specifically, the proposed rule includes
table 1, which presents the contents of the SIP revision by mobile
source category and provides, for each category, a listing of the
relevant sections of the California Code of Regulations (CCR) that
establish standards and other requirements for control of emissions
from new on-road and new or in-use off-road vehicles or engines; the
corresponding date of CARB's hearing or Executive Officer (EO) action
through which the regulations or amendments were adopted; and the
notice of decision in which the EPA granted a waiver or authorization
for the given set of regulations. For this final rule, we are
republishing table 1 from the proposed rule as amended in response to
CARB comment #1 (see section II of this document).

                                  Table 1--CARB SIP Revision Submittal Summary
----------------------------------------------------------------------------------------------------------------
                                                                Date of  relevant  CARB
                                        Relevant sections of      hearing  date(s) or
           Source category               California Code of       Executive  Officer      EPA Notice of decision
                                            Regulations                 action
----------------------------------------------------------------------------------------------------------------
On-Road Passenger Cars, Light-Duty    Amendments to 13 CCR     12/12/02, 6/22/06.......  70 FR 22034 (4/28/05);
 Trucks, and Medium-Duty Vehicles      Sec.  Sec.   1961,                                 75 FR 44948 (7/30/10)
 (LEV II).                             1965, and 1978 and the
                                       documents incorporated
                                       by reference (see
                                       table 2 below),
                                       effective for state
                                       law purposes on 12/04/
                                       03; and amendments to
                                       13 CCR Sec.  Sec.
                                       1961, 1976, 1978, and
                                       documents incorporated
                                       by reference (see
                                       table 2 below),
                                       effective for state
                                       law purposes on 2/17/
                                       07.

On-Road Passenger Cars, Light-Duty    Adoption of 13 CCR Sec.  01/26/12, 11/15/12......  78 FR 2112 (1/9/13)
 Trucks, and Medium-Duty Vehicles       Sec.   1961.2 and
 (LEV III) and Zero Emission           1962.2 (excluding
 Vehicles (ZEV).                       subsection
                                       1962.2(g)(6)) and
                                       amendments to 13 CCR
                                       Sec.  Sec.   1900,
                                       1956.8, 1960.1, 1961,
                                       1962.1, 1962.2 (re-
                                       numbered to 1961.3),
                                       1965, 1976, 1978,
                                       2037, 2038, 2062,
                                       2112, 2139, 2140,
                                       2145, 2147, and 2235
                                       and the documents
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       08/07/12; amendments
                                       to 13 CCR Sec.  Sec.
                                       1900, 1956.8, 1960.1,
                                       1961, 1961.2, 1962.1,
                                       1962.2 (excluding
                                       subsection
                                       1962.2(g)(6)(C)), and
                                       1976 and the documents
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       12/31/12.
On-Road Heavy-Duty Gasoline Engines.  13 CCR Sec.   1956.8     12/12/02, 9/5/03 (EO)...  75 FR 70237 (11/17/10)
                                       and the document
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       12/4/03.
On-Road Heavy-Duty Diesel Engines...  Amendments to 13 CCR     10/25/01................  70 FR 50322 (8/26/05)
                                       Sec.   1956.8, and the
                                       document incorporated
                                       by reference (see
                                       table 2 below),
                                       effective for state
                                       law purposes on 11/17/
                                       02.
On-Road Motorcycles.................  Amendments to 13 CCR     12/10/98................  71 FR 44027 (8/3/06)
                                       Sec.  Sec.   1900,
                                       1958 (excluding
                                       1958(a)(1)), and 1965,
                                       and the document
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       11/22/99.
On-Road Heavy-Duty Engines--On-Board  13 CCR Sec.  Sec.        5/28/09.................  77 FR 73459 (12/10/12)
 Diagnostic System (HD OBD).           1971.1 and 1971.5,
                                       effective for state
                                       law purposes on 6/17/
                                       10.
On-Road Heavy Duty Vehicles--engine   13 CCR Sec.  Sec.        10/20/05................  77 FR 9239 (2/16/12)
 or vehicle idle controls.             1956.8, 2404, 2424,
                                       2425, and 2485
                                       (excluding subsections
                                       2485(c)(1)(A),
                                       2485(c)(1)(B), and
                                       2485(c)(3)(B)), and
                                       the document
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       11/15/2006.
In-Use Diesel-Fueled Transport        13 CCR Sec.   2477, as   11/18/10................  78 FR 38970 (6/28/13)
 Refrigeration Units.                  amended, effective for
                                       state law purposes on
                                       3/7/11.
Commercial Harbor Craft.............  17 CCR Sec.   93118.5    11/15/07, 9/2/08 (EO)...  76 FR 77521 (12/13/11)
                                       (excluding subsection
                                       93118.5(e)(1)),
                                       effective for state
                                       law purposes on 11/19/
                                       08.
Off-Road Large Spark-Ignition (LSI)   New LSI engine           5/25/06, 3/2/07 (EO)....  77 FR 20388 (4/4/12)
 Engines.                              emissions standards:
                                       13 CCR Sec.  Sec.
                                       2430, 2431, 2433,
                                       2434, and 2438; LSI
                                       fleet requirements: 13
                                       CCR Sec.  Sec.   2775,
                                       2775.1 and 2775.2, and
                                       the documents
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       5/12/07.
Auxiliary Diesel Engines on Ocean-    13 CCR Sec.   2299.3     12/6/07, 10/16/08 (EO)..  76 FR 77515 (12/13/11)
 Going Vessels.                        and 17 CCR Sec.
                                       93118.3, effective for
                                       state law purposes on
                                       01/02/09.
In-Use Off-Road Diesel Fueled Fleets  13 CCR Sec.  Sec.        5/25/07, 7/26/07, 12/11/  78 FR 58090 (9/20/13)
                                       2449 (excluding          08, 1/22/09, 7/23/09,
                                       subsection 2449(d)(2))   12/17/10.
                                       2449.1, and 2449.2,
                                       effective for state
                                       law purposes on 12/14/
                                       11.
Mobile Cargo Handling Equipment       13 CCR Sec.   2479       12/8/05, 9/22/11........  77 FR 9916 (2/21/12);
 (CHE).                                (excluding subsections                             80 FR 26249 (5/7/15)
                                       (e)(2) and (e)(4)),
                                       effective for state
                                       law purposes on 12/31/
                                       06; and amendments to
                                       13 CCR Sec.   2479
                                       (excluding subsections
                                       (e)(2) and (e)(4)),
                                       effective for state
                                       law purposes on 10/14/
                                       12.
Small Off-Road Engines (SORE).......  13 CCR Sec.  Sec.        11/21/08................  80 FR 26041 (5/6/15)
                                       2401, 2403, 2404,
                                       2405, 2406, 2408,
                                       2408.1, and 2409, and
                                       the document
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       5/5/10.
Off-Road Compression--Ignition (CI)   13 CCR Sec.  Sec.        1/27/00, 12/9/04........  75 FR 8056 (2/23/10)
 Engines.                              2420, 2421, 2423,
                                       2424, 2425, 2425.1,
                                       2426, and 2427, and
                                       the documents
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       1/6/06.
In-Use Portable Diesel-Fueled         17 CCR Sec.  Sec.        2/26/04.................  77 FR 72846 (12/6/12)
 Engines (PDE).                        93116 through 93116.5
                                       (excluding subsection
                                       93116.3(a)), effective
                                       for state law purposes
                                       on 3/11/05.

Portable Equipment Registration       13 CCR Sec.  Sec.        3/27/97, 7/31/07 (EO),    77 FR 72851 (12/6/12)
 Program (PERP).                       2451, 2452, 2453, 2455   12/10/98, 2/26/04, 6/22/
                                       (excluding subsections   06, 3/22/07.
                                       2455(a) and 2455(b)),
                                       2456 (excluding
                                       subsections 2456(a),
                                       2456(d)(3),
                                       2456(d)(5), and
                                       2456(d)(6)), 2458,
                                       2459, 2460, 2461, and
                                       2462, as amended,
                                       effective for state
                                       law purposes on 9/12/
                                       07.
Spark-Ignition Marine Engines and     13 CCR Sec.  Sec.        7/24/08, 6/5/09 (EO)....  80 FR 26032 (5/16/15)
 Boats (Marine SI).                    2111, 2112, Appendix A
                                       therein, 2139, 2147,
                                       2440, 2442, 2443.1,
                                       2443.2, 2444.1,
                                       2444.2, 2445.1,
                                       2445.2, 2446, 2447 and
                                       2474, and the
                                       documents incorporated
                                       by reference (see
                                       table 2 below),
                                       effective for state
                                       law purposes on 08/16/
                                       09.
Off-Highway Recreational Vehicles     13 CCR Sec.  Sec.        7/20/06.................  79 FR 6584 (2/4/14)
 and Engines (OHRV).                   2111, 2112, 2411,
                                       2412, and 2413, and
                                       the document
                                       incorporated by
                                       reference (see table 2
                                       below), effective for
                                       state law purposes on
                                       8/15/07.
----------------------------------------------------------------------------------------------------------------

    The regulations submitted by CARB and listed in table 1 incorporate
by reference certain documents that establish test procedures and
labeling specifications, among other things, and CARB submitted these
documents as part of the overall SIP revision. In our proposed rule, we
included a table (table 2) that lists the incorporated documents
included in the SIP submittal and are republishing that table in this
final rule. Our proposed rule also included a third table in which we
described the applicability of the regulations listed in table 1 above
and summarized some of the key emissions control requirements contained
in the rules. In today's action, we are approving the regulations in
table 1 and the test procedures and specifications in table 2 as a
revision to the California SIP.\1\
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    \1\ There is one exception to the EPA's approval of the
regulations and test procedures listed in tables 1 and 2. The
exception is 13 CCR section 2449.2(f)(4), a provision for which the
EPA is deferring final action at this time.

 Table 2--Documents Incorporated by Reference in CARB Regulations Listed
        in Table 1, Above, and Submitted as Part of SIP Revision
------------------------------------------------------------------------

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On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles (LEV
 II):
    California Exhaust Emission Standards and Test Procedures for 2001
     and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-
     Duty Vehicles, as last amended September 5, 2003.
    California Motor Vehicle Emission Control and Smog Index Label
     Specifications for 1978 through 2003 Model Year Motorcycles, Light-
     , Medium- and Heavy-Duty Engines and Vehicles, as last amended
     September 5, 2003.
    California Smog Index Label Specifications for 2004 and Subsequent
     Model Passenger Cars and Light-Duty Trucks, adopted September 5,
     2003.
    California Refueling Emission Standards and Test Procedures for 2001
     and Subsequent Model Motor Vehicles, as last amended September 5,
     2003.
    California Evaporative Emission Standards and Test Procedures for
     2001 and Subsequent Model Motor Vehicles, as amended June 22, 2006.
    California Refueling Emission Standards and Test Procedures for 2001
     and Subsequent Model Motor Vehicles, as last amended June 22, 2006.
    California Exhaust Emission Standards Test Procedures for 2001 and
     Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty
     Vehicles, as last amended June 22, 2006.
On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles (LEV
 III) and Zero Emission Vehicles (ZEV):
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
     last amended March 22, 2012.
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended
     March 22, 2012.
    California Non-Methane Organic Gas Test Procedures, as last amended
     March 22, 2012.
    California 2001 through 2014 Model Criteria Pollutant Exhaust
     Emission Standards and Test Procedures and 2009 through 2016 Model
     Greenhouse Gas Exhaust Emission Standards and Test Procedures for
     Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as
     last amended March 22, 2012, excluding GHG-related provisions.
    California Environmental Performance Label Specifications for 2009
     and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and
     Medium-Duty Passenger Vehicles, as last amended March 22, 2012.
    California Evaporative Emission Standards and Test Procedures for
     2001 and Subsequent Model Motor Vehicles, as last amended March 22,
     2012.
    California Refueling Emission Standards and Test Procedures for 2001
     and Subsequent Model Motor Vehicles, as last amended March 22,
     2012.
    Specifications for Fill Pipes and Openings of 1977 through 2014
     Model Motor Vehicle Fuel Tanks, as last amended March 22, 2012.
    Specifications for Fill Pipes and Openings of 2015 and Subsequent
     Model Motor Vehicle Fuel Tanks, adopted March 22, 2012.

    California 2015 and Subsequent Model Criteria Pollutant Exhaust
     Emission Standards and Test Procedures and 2017 and Subsequent
     Model Greenhouse Gas Exhaust Emission Standards and Test Procedures
     for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,
     adopted March 22, 2012, excluding GHG-related provisions.
    California Exhaust Emission Standards and Test Procedures for 2009
     through 2017 Model Zero-Emission Vehicles and Hybrid Electric
     Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty
     Vehicle Classes, as last amended March 22, 2012, excluding GHG-
     related provisions.
    California Exhaust Emission Standards and Test Procedures for 2018
     and Subsequent Model Zero-Emission Vehicles and Hybrid Electric
     Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty
     Vehicle Classes, adopted March 22, 2012, excluding GHG-related
     provisions.
    California 2015 and Subsequent Model Criteria Pollutant Exhaust
     Emission Standards and Test Procedures and 2017 and Subsequent
     Model Greenhouse Gas Exhaust Emission Standards and Test Procedures
     for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as
     last amended December 6, 2012, excluding GHG-related provisions.
    California 2001 through 2014 Model Criteria Pollutant Exhaust
     Emission Standards and Test Procedures and 2009 through 2016 Model
     Greenhouse Gas Exhaust Emission standards and Test Procedures for
     Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as
     last amended December 6, 2012, excluding GHG-related provisions.
    California Non-Methane Organic Gas Test Procedures, as last amended
     December 6, 2012.
    California Evaporative Emission Standards and Test Procedures for
     2001 and Subsequent Model Motor Vehicles, as last amended December
     6, 2012.
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended
     December 6, 2012.
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
     last amended December 6, 2012.
    California Exhaust Emission Standards and Test Procedures for 2009
     through 2017 Model Zero-Emission Vehicles and Hybrid Electric
     Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty
     Vehicle Classes, as last amended December 6, 2012.
    California Exhaust Emission Standards and Test Procedures for 2018
     and Subsequent Model Zero-Emission Vehicles and Hybrid Vehicles, in
     the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle
     Classes, adopted December 6, 2012, excluding GHG-related provision.
On-Road Heavy-Duty Gasoline Engines:
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Otto-cycle Engines, as last amended
     December 12, 2002.
On-Road Heavy-Duty Diesel Engines:
    California Exhaust Emission Standards and Test Procedures for 1985
     and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
     last amended October 25, 2001.
On-Road Motorcycles:
    California Motor Vehicle Emission Control and Smog Index Label
     Specifications, as last amended October 22, 1999.
On-Road Heavy Duty Vehicles--Reduced Idling:
    California Exhaust Emission Standards and Test Procedures for 2004
     and Subsequent Model Heavy-Duty Diesel Engines, as last amended
     September 1, 2006.
Off-Road Large Spark-Ignition (LSI) Engines:
    California Exhaust Emission Standards and Test Procedures for New
     2001 through 2006 Off-Road Large Spark-Ignition Engines, Parts I
     and II, adopted September 1, 1999 and as last amended March 2,
     2007.
    California Exhaust and Evaporative Emission Standards and Test
     Procedures for 2007 through 2009 Off-Road Large Spark-Ignition
     Engines, (2007-2009 Test Procedure 1048), adopted March 2, 2007.
    California Exhaust and Evaporative Emission Standards and Test
     Procedures for New 2010 and Later Off-Road Large Spark-Ignition
     Engines, (2010 and Later Test Procedure 1048), adopted March 2,
     2007.
    California Exhaust and Evaporative Emission Standards and Test
     Procedures for New 2007 and Later Off-Road Large Spark-Ignition
     Engines (Test Procedures 1065 and 1068), adopted March 2, 2007.
Small Off-Road Engines (SORE):
    California Exhaust Emission Standards and Test Procedures for 2005
     and Later Small Off-Road Engines, as last amended February 24,
     2010.
Off-Road Compression-Ignition (CI) Engines:
    California Exhaust Emission Standards and Test Procedures for New
     2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-
     Ignition Engines, Part I-B, adopted January 28, 2000 and as last
     amended October 20, 2005.
    California Exhaust Emission Standards and Test Procedures for New
     1996 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-
     Ignition Engines, Part II, adopted May 12, 1993 and as last amended
     October 20, 2005.
    California Exhaust Emission Standards and Test Procedures for New
     2008 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-
     C, adopted October 20, 2005.
Spark-Ignition Marine Engines and Boats (Marine SI):
    California Exhaust Emission Standards and Test Procedures for 2001
     Model Year and Later Spark-Ignition Marine Engines, as last amended
     June 5, 2009.
    Procedures for Exemption of Add-On and Modified Parts for Off-Road
     Categories, as last amended June 5, 2009.
Off-Highway Recreational Vehicles and Engines (OHRV):
    California Exhaust Emissions Standards and Test Procedures for 1997
     and Later Off-Highway Recreational Vehicles, and Engines, as last
     amended August 15, 2007.
------------------------------------------------------------------------

    We noted in our proposed rule that CARB has expressly excluded from
the August 14, 2015 SIP submittal certain sections or subsections of
California code that have been authorized or waived by the EPA under
CAA section 209. The excluded provisions pertain to:
     Greenhouse Gas (GHG) exhaust emission standards 2009
through 2016 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty
Vehicles, and 2017 and subsequent Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles; and

     GHG related provisions incorporated in the test
procedures.
    Also, CARB has expressly excluded certain sections or subsections
of California code that are not subject to preemption under CAA section
209 and thus not included in the related waiver or authorization by the
EPA. These provisions pertain to:
     Fuel use requirements;
     Idling restrictions on drivers;
     Opacity standards;
     Daily mass emission limits (from the PERP regulations);
and
     Certain labeling and consumer notification requirements.
    On pages 69923-69925 of our proposed rule, we described how we
evaluated the regulations and how we determined that the regulations
meet all applicable CAA requirements in order to be included in the
California SIP. In short, we determined that:
     CARB provided adequate public notice of a comment period
and a hearing on the draft SIP revision prior to adoption and submittal
to the EPA, and thereby complied with the applicable procedural
requirements for SIP revisions under the CAA section 110(l) and 40 CFR
51.102;
     CARB has adequate legal authority to implement the
regulations because state law so provides, because the regulations are
not preempted under the CAA (pursuant to waivers or authorizations
issued for them by the EPA), and because CARB is not otherwise
prohibited by any provision of federal or state law from carrying out
the regulations;
     The regulations include all of the elements necessary to
provide for practical enforceability, including clear applicability and
exemption provisions, emissions standards and other requirements, test
methods, recordkeeping and reporting provisions, and thereby establish
enforceable emissions limitations as required under CAA section
110(a)(2)(A); \2\
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    \2\ After proposing action on CARB's mobile source regulations,
we discovered a specific provision in the ``Surplus Off-Road Opt-In
for NOX (SOON) Program'' portion of CARB's Regulation for
In-Use Off-Road Diesel-Fueled Fleets that cannot be reconciled with
the principle that SIP rules relied upon for emissions reductions
must be federally enforceable. The specific provision is 13 CCR
section 2449.2(f)(4) (``ARB Authority''), which states, in pertinent
part: ``ARB has sole authority to enforce the requirements of
section 2449.2.'' We find 13 CCR section 2449.2(f)(4) to be
severable from the rest of the regulation and have not included it
in today's approval action.
---------------------------------------------------------------------------

     CARB's mobile source regulations submitted for approval as
a revision to the California SIP establish emission limitations relied
upon by RFP, attainment, and maintenance plans developed by California
to meet CAA SIP requirements for nonattainment areas, and thus would
not interfere with such CAA requirements for the purposes of CAA
section 110(l); and
     Given the longstanding nature of CARB's mobile source
program, and its documented effectiveness at achieving significant
reductions from mobile sources, the state has adequate personnel and
funding to carry out the mobile source regulations submitted for
approval as part of the California SIP.
    For more background information on the regulatory context for this
final rule, and for additional detail on the SIP submittal itself, and
our evaluation, please see our proposed rule.

II. Public Comments and EPA Responses

    The EPA's proposed rule, published at 80 FR 69915 (November 12,
2015), provided for a 30-day comment period. The EPA received two
comment letters in response to the proposed rule: (1) A comment letter
dated December 8, 2015 from CARB; and (2) a comment letter dated
December 14, 2015 from the Owner-Operator Independent Drivers
Association, Inc. (OOIDA). In the paragraphs below, we summarize the
comments and provide our responses.
    CARB comment #1: CARB indicates that while the August 14, 2015 SIP
revision submittal included two regulations affecting Mobile Cargo
Handling Equipment at Ports and Intermodal Rail Yards (CHE Regulation),
table 1 of the EPA's November 12, 2015 proposed rule only lists one
such regulation. CARB notes that, while table 1 of the proposed rule
only listed one CHE regulation, table 3 of the proposed rule lists
both. CARB suggests that table 1 be amended to include both CHE
regulations, consistent with CARB's August 14, 2015 SIP revision
submittal.
    EPA response to CARB comment #1: CARB is correct that the proposed
action covers both CHE rules and that the EPA inadvertently failed to
include one of the two CHE regulations in table 1 of the proposed rule.
Table 1, as amended to list both CHE regulations, is included in the
preamble to this final rule.
    OOIDA comment #1: OOIDA contends that the EPA's proposed action to
approve CARB's mobile source regulations as part of the California SIP
is inconsistent with the Ninth Circuit's decision in Committee for a
Better Arvin by failing to demonstrate how CARB has satisfied the
requirement under the CAA that SIPs must include ``enforceable emission
limitations and other control measures . . . as may be necessary or
appropriate to meet the applicable requirements of [the CAA].'' Section
110(a)(2)(A). OOIDA asserts that the materials that CARB and the EPA
are relying upon were previously submitted as part of CARB's waiver or
authorization requests to the EPA, and thus are outdated. OOIDA notes
that many of these regulations have been in effect under state law for
years, and thus, to comply with Committee for a Better Arvin, the EPA
must require CARB to submit current evidence showing how well these
requirements have been adopted, whether the reductions in pollution
have been met, what the experience of the regulated community has been,
and whether CARB's cost estimates were accurate.
    EPA response to OOIDA comment #1: We disagree that our action to
approve California's mobile source regulations that have been waived or
authorized by the EPA under CAA section 209 is inconsistent with the
Ninth Circuit's decision in Committee for a Better Arvin or that the
information sought by OOIDA is necessary to establish that the
regulations are ``necessary or appropriate'' for the purposes of CAA
section 110(a)(2)(A).
    First, in Committee for a Better Arvin, the Ninth Circuit remanded
to the EPA the Agency's final actions approving two specific regional
plans that were adopted to meet nonattainment area SIP requirements and
that rely, in part, on emissions reductions from so-called ``waiver''
measures, i.e., CARB mobile source regulations for which the EPA has
issued waivers or authorizations under CAA section 209. In so doing,
the court rejected the EPA's arguments supporting the Agency's
longstanding practice of allowing California to rely on emissions
reductions from state mobile source measures waived or authorized by
the EPA under CAA section 209 to meet CAA SIP requirements without
requiring approval of those measures into the California SIP. The Ninth
Circuit found that CAA section 110(a)(2)(A) plainly mandates that the
SIP include all state and local emission limitations, control measures,
means, and techniques on which the state relies to assure compliance
with the CAA. 786 F.3d 1169, at 1175-1178 (9th Cir. 2015). The Court
found support for its view in the Act's provisions that allow the EPA
or citizens to commence lawsuits to enforce emissions standards or
limitations established under the Act. Id.
    In response to the decision, CARB selected for the SIP those mobile
source regulations that represent the most current set of such
regulations that have been waived or authorized by the EPA under CAA
section 209 and that are

relied upon to provide emissions reductions in the most recently-
approved or pending SIPs for the various nonattainment areas in
California, such as the two regional plans that were the subject of the
remand in Committee for a Better Arvin. The issue of whether the
emissions reductions anticipated by CARB when adopting the regulations
reasonably approximate those that have actually occurred is not
relevant for the EPA's action on CARB's mobile source regulations SIP
revision. The fact that California is relying on the emissions
reductions from the mobile source regulations to meet any CAA
requirements makes the regulations ``necessary or appropriate'' for
inclusion in the SIP, regardless of whether the reductions are the same
as those originally estimated by CARB at the time of submittal of the
waiver or authorization request.
    In response to CARB's SIP revision submittal, however, the EPA did
not simply propose to approve the mobile source regulations without
review and evaluation for compliance with relevant CAA requirements for
such regulations. For example, the EPA reviewed the regulations to
determine whether SIP procedural requirements under CAA section
110(a)(2) and related EPA regulations were met; to determine whether
the regulations are enforceable and thereby comply with the applicable
requirement in CAA section 110(a)(2)(A); to determine whether the state
has provided necessary assurances that it has adequate personnel,
funding, and authority to implement the regulations and thereby comply
with the applicable requirements in CAA section 110(a)(2)(E); and to
determine whether the SIP revision would interfere with attainment or
reasonable further progress or any other CAA requirement as required
under CAA section 110(l). See our proposed rule, 80 FR at 69923-69925.
For the reasons stated in the proposed rule, we concluded that CARB's
mobile source regulation SIP revision met all of the relevant CAA
requirements and would not interfere with attainment or reasonable
further progress or any other CAA requirement.
    One consideration that the EPA did not take into account was the
cost of compliance by manufacturers or owners/operators subject to
CARB's mobile source regulations. Such cost issues standing alone,
which OOIDA believes CARB must submit and that the EPA must consider,
are not relevant to the EPA's review of SIPs and SIP revisions under
CAA section 110. This has been settled law since 1976 when the Supreme
Court issued its decision in Union Electric Co. v. EPA, 427 U.S. 246,
at 255-266 (1976) (``Union Electric''), rehearing denied 429 U.S. 873
(1976). In Union Electric, the Supreme Court found that the 1970
version of section 110(a)(2) did not allow the EPA to disapprove an
attainment sulfur dioxide (SO2) SIP on the ground that the
SIP's control measures for complying with the SO2 NAAQS
would be so stringent as to be technologically or economically
infeasible. Id. at 265. The Supreme Court made it clear that Congress
left states free to choose technology-forcing measures to achieve
attainment within what was then a three-year deadline. Id. at 268-269.
While the CAA has been amended a number of times since 1970, the basic
allocation of responsibilities on the states in developing and
submitting SIPs and on the EPA in reviewing SIPs and SIP revisions
remains the same today, and thus the holding of Union Electric
continues to inform the EPA's review of SIPs and SIP revisions today.
    OOIDA comment #2: Citing CAA section 307(b)(1), OOIDA asserts that
the EPA must specify whether any SIP approval has nationwide scope or
effect. OOIDA further declares that if the EPA fails to make such an
express determination, then OOIDA will advise its members residing
outside of California that they do not need to comply with any of the
California laws, statutes or regulations included in the SIP. If, on
the other hand, the EPA finds that the SIP does have ``nationwide scope
and effect,'' then OOIDA claims that CARB is required under CAA section
110(a)(2)(E) to satisfy the EPA that the imposition of California's
regulatory regime on interstate truckers residing outside of California
is consistent with the Commerce Clause of the U.S. Constitution.
Without such a demonstration from CARB, and a finding of nationwide
scope or effect by the EPA, OOIDA objects to the EPA's proposed
approval of CARB's mobile source regulations as part of the California
SIP.
    EPA response to OOIDA comment #2: CAA section 307(b)(1) provides
that a petition for review of the EPA in promulgating certain specific
types of standards, such as the NAAQS, ``or any other nationally
applicable regulations promulgated, or final action taken, by the [EPA]
under the [CAA] may be filed only in the U.S. Court of Appeals for the
District of Columbia.'' A petition for review of the EPA's action in
approving a SIP under CAA section 110 that is locally or regionally
applicable may be filed only in the U.S. Court of Appeals for the
appropriate circuit unless such SIP action is based on a determination
of ``nationwide scope or effect'' and if in taking such action the EPA
finds and publishes that such action is based on such a determination.
In that case, CAA section 307(b)(1) provides for review of the EPA's
SIP action in the U.S. Court of Appeals for the District of Columbia.
Thus, section 307(b)(1) not only confers jurisdiction upon the U.S.
Courts of Appeals but also specifies how the venue for petitions for
review of actions covered by section 307(b)(1) is determined. Dalton
Trucking Inc. v. EPA, No. 13-1283, slip op. at 7-8 (D.C. Cir. Dec. 18,
2015).
    When the EPA issues a final decision waiving or authorizing CARB
mobile source regulations under CAA section 209 of the CAA, the proper
venue for judicial review of that decision is the U.S. Court of Appeals
for the D.C. Circuit if either the decision is ``nationally
applicable'' or the EPA determines the decision is of ``nationwide
scope or effect'' and publishes the determination. Section 307(b)(1).
In making a determination of nationwide scope or effect for a waiver or
authorization under section 209, the EPA takes into account that other
states may adopt California's standards for which a section 209 waiver
or authorization has been granted if certain criteria are met. Sections
177 and 209(e)(2)(B) allow other states to adopt (and subsequently
enforce in their state) California's regulations for which the EPA has
issued waivers or authorizations. The EPA may also consider the
applicability of such regulations to manufacturers or owner/operators
residing outside of California but selling, leasing, or operating
vehicles or equipment in California.\3\
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    \3\ The D.C. Circuit recently concluded that a decision under
section 209 is not ``nationally applicable'' under section 307(b) if
it applies only to vehicles owned or operated in California, even if
those vehicles are based outside California. Dalton Trucking Inc. v.
EPA, No. 13-1283, slip op. at 10 (D.C. Cir. Dec. 18, 2015). However,
a decision that is not applicable outside California can still have
effect outside California.
---------------------------------------------------------------------------

    In this case, the EPA is taking action under section 110 of the CAA
to approve CARB's mobile source regulations as part of the California
SIP. Unlike the Agency's issuance of a waiver or authorization under
section 209, approval of CARB's mobile source regulations under section
110 does not enable other states to adopt the regulations. The EPA's
approval of the regulations under section 110 does extend federal
enforceability to the standards. See CAA sections 113 (EPA enforcement
authority) and 304 (citizen suits). However, that is true of all SIP
approval actions under section 110, and

thus, like other SIP approval actions, we find that our final action
herein is not nationally applicable, nor is it of nationwide scope or
effect. Petitions for review of this final action therefore must be
filed in the U.S. Court of Appeals for the appropriate circuit, i.e.,
in this case, the U.S. Court of Appeals for the Ninth Circuit.
    Lastly, because the EPA finds that the Agency's final action herein
is not of ``nationwide scope or effect,'' no further response to
OOIDA's comment is necessary.
    OOIDA comment #3: OOIDA notes that, in addition to being an
affirmative grant of congressional authority, the Commerce Clause of
the U.S. Constitution, which authorizes Congress ``[t]o regulate
Commerce . . . among the several states,'' is in its negative aspect
also a limitation on the regulatory authority of the states. OOIDA
contends that, in its negative aspect, the Commerce Clause protects the
nation against economic Balkanization and state regulations affecting
interstate commerce where the burden on commerce is excessive in
relation to the putative local benefits. For example, OOIDA cites high
aggregate costs purportedly incurred to comply with two specific CARB
regulations, the Heavy-Duty (Truck) Greenhouse Gas (HD GHG) Regulations
and the In-Use On-Road Heavy-Duty Diesel-Fueled Vehicles Regulation
(``Truck and Bus Regulation''). OOIDA argues that the EPA should
expressly consider and make findings whether the aggregate impact of
regulations which California has sought to ``federalize'' through SIP
approvals violate these Constitutional principles.
    EPA response to OOIDA comment #3: First of all, we note that
today's action does not include CARB's HD GHG Regulations or the Truck
and Bus Regulation. The former was not included in the SIP revision
submittal and has never been submitted as part of the California SIP,
and the latter was submitted and approved by the EPA as a SIP revision
in 2012 at 77 FR 20308 (April 4, 2012).
    As to the Commerce Clause comment more generally, the negative
aspect of the Commerce Clause to which OOIDA refers is often referred
to as the ``dormant'' Commerce Clause. OOIDA notes some of the basic
principles under which courts have found state regulations to be
invalid under the dormant Commerce Clause.\4\ OOIDA asks the EPA to
expressly consider and make findings whether the aggregate impact of
regulations that California has sought to ``federalize'' through SIP
approvals violate dormant Commerce Clause principles.
---------------------------------------------------------------------------

    \4\ OOIDA cites the court's reasoning in Union Pac. R.R. v. Cal.
Pub. Utils. Comm'n, 346 F.3d 851, 871 (9th Cir. 2003) in support of
its arguments challenging California's mobile source regulations on
the grounds of extra-territorial impact. In Union Pac. R.R., the
Ninth Circuit Court of Appeals struck down certain California
regulations having an extraterritorial impact; however, in more
recent years, the Ninth Circuit appears to have modified its views
on the extra-territoriality doctrine. In Rocky Mountain Farmers
Union v. Corey, 730 F.3d 1070, 1101 (9th Cir. 2013), a case
challenging California's Low Carbon Fuel Standard, the Ninth Circuit
noted: ``In the modern era, the Supreme Court has rarely held that
statutes violate the extraterritoriality doctrine[.]'', and
concluded: ``The district court held that the Fuel Standard
regulated extraterritorial conduct because: (1) . . . it `attempts
to control' out-of-state conduct, . . . We disagree.'' Id. We also
note that, while Rocky Mountain Farmers Union stands for the
proposition that CAA section 211(c)(4)(B) ``does not insulate
California from scrutiny under the dormant Commerce Clause,'' Id.,
at 1107, CAA section 211(c)(4) does not establish for motor vehicle
fuels the type of specific process under which California rules
shall be waived or authorized by the EPA as that found for mobile
source emissions standards in CAA sections 209(b) and (e). See
additional discussion regarding the dormant Commerce Clause and
California regulations waived or authorized under CAA sections
209(b) and (e) later in the response to OOIDA comment #3.
---------------------------------------------------------------------------

    Under the CAA, the EPA's responsibility in reviewing SIPs and SIP
revisions is to ensure that all CAA requirements that apply to a given
SIP or SIP revision are met, and if a given SIP or SIP revision meets
minimum applicable CAA requirements, then the EPA ``shall'' approve it.
See CAA section 110(k)(3). Among the CAA requirements that apply to
SIPs or SIP revisions is section 110(a)(2)(E), which provides in
relevant part that SIPs and SIP revisions must provide necessary
assurances that the state will have adequate 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. In this instance, the EPA has
issued waivers or authorization under section 209 for all of the
subject regulations (and in doing so has removed the federal Clean Air
Act preemption), and the EPA has found CARB to have the necessary legal
authority to enforce the standards under state law. Furthermore, none
of the subject regulations has been found by any court to be preempted
under the dormant Commerce Clause or any other federal law, and thus,
CARB is not prohibited from carrying out such SIP.
    Moreover, in this instance, the ``dormant'' Commerce Clause is no
obstacle to the EPA's approval of CARB's mobile source regulations SIP
revision. As a general matter, the ``dormant'' Commerce Clause acts to
limit certain types of state regulation that affect interstate
commerce, but does not limit actions by federal agencies, such as the
EPA. Additionally, ``dormant'' Commerce Clause principles simply do not
apply where Congress has so clearly established a process under which
the EPA must waive preemption if certain conditions are met. Here, the
regulations submitted as part of CARB's SIP revision fall within the
scope of CAA section 209, the Congressional provision under which the
explicit general preemption of state mobile source regulations may be
waived for California. Congress can authorize state or local government
action that otherwise would violate the ``dormant'' Commerce Clause,
even if the action ultimately interferes with interstate commerce. See
White v. Massachusetts Council of Constr. Employers, Inc., 460 U.S.
204, 213 (1983). Both the legislative history of CAA section 209 and
the text of the statute itself show that Congress affirmatively
contemplated the type of regulations at issue here, even assuming those
regulations might otherwise be considered to interfere with interstate
commerce. See Motor & Equip. Mfrs. Ass'n v. EPA, 627 F.2d 1095 (D.C.
Cir. 1979) (``MEMA I''). The EPA has consistently interpreted these
provisions as providing a narrow review of California's decision
making. These views are consistent with the views we expressed in more
detail in our recent brief in Owner-Operator Independent Drivers
Association, Inc. v. EPA, D.C. Cir., Case No. 14-1192 (``OOIDA v.
EPA''), which has been placed in the docket for this rulemaking. While
the specific California regulations at issue in OOIDA v. EPA are not
included in the SIP revision approved in today's action, we believe
that the views expressed in our brief in that case on the Commerce
Clause apply more generally to EPA actions and to California
regulations (including those approved herein) for which the EPA has
issued waivers or authorizations and thus we are adopting the reasoning
set forth therein in support of today's action.
    Lastly, Congress allows for cost considerations in reviewing
requests for waivers of preemption under section 209 of the Act. The
third prong of EPA's consideration (section 209(b)(1)(C) for on-road
waivers and section 209(e)(2)(A)(iii) for off-road authorizations)
includes an assessment of whether CARB's regulations are
technologically infeasible. Such assessment includes a review of
whether those opposing the waiver have demonstrated that there is
inadequate lead time to permit the development of technology necessary
to meet the

regulations at issue, giving appropriate consideration to the cost of
compliance within that time frame.\5\ Each of the regulations approved
in today's actions were the subject of a waiver or authorization by the
EPA under section 209, and thus, cost compliance issues have already
been considered by the Agency in that context. The EPA does not intend
to reopen those issues through today's action under CAA section 110 on
CARB's SIP revision.
---------------------------------------------------------------------------

    \5\ See 79 FR 46256, 46262-46264. In MEMA I, the court addressed
the cost of compliance issue in reviewing a waiver decision.
According to the court: Section 202's cost of compliance concern,
juxtaposed as it is with the requirement that the Administrator
provide the requisite lead time to allow technological developments,
refers to the economic costs of motor vehicle emission standards and
accompanying enforcement procedures. See S. Rep. No. 192, 89th
Cong., 1st Sess. 5-8 (1965); H.R. Rep. No. 728 90th Cong., 1st Sess.
23 (1967), reprinted in U.S. Code Cong. & Admin. News 1967, p. 1938.
It relates to the timing of a particular emission control regulation
rather than to its social implications. Congress wanted to avoid
undue economic disruption in the automotive manufacturing industry
and also sought to avoid doubling or tripling the cost of motor
vehicles to purchasers. It, therefore, requires that the emission
control regulations be technologically feasible within economic
parameters. Therein lies the intent of the cost of compliance
requirement (emphasis added).
---------------------------------------------------------------------------

    OOIDA Comment #4: OOIDA believes that the costs to comply with
CARB's On-Road Heavy-Duty Vehicle--Engine or Vehicle Idle Controls
(``Anti-Idling'') Regulations disproportionately burden motor carriers
and drivers from outside of the State of California because local
California truck owners who go home at night on a regular basis are not
pressured to purchase an Alternative Power Source (APS) to condition
the truck cab for the comfort of the driver for those times when the
idling shutdown system activates in uncomfortably hot or cold weather.
On the benefit side, OOIDA contends that CARB did not quantify the
environmental benefits that will be derived from the Anti-Idling
Regulations in either the SIP revision or the waiver request to the EPA
for the rules back in 2008. OOIDA believes that the burden of these
regulations upon out-of-state trucks far exceeds the air pollution
benefits, but in any event, now that the regulations have been in
effect for several years, OOIDA states that the EPA should not approve
the Anti-Idling Regulations as part of the SIP until CARB presents, and
the EPA considers, up-to-date information concerning costs and
benefits.
    EPA response to OOIDA comment #4: CARB included the Anti-Idling
Regulations in the package of mobile source regulations submitted as
part of the California SIP because recent and pending regional air
quality plans depend upon the emissions reductions from implementation
of the regulations. At the time the regulations were adopted, CARB
estimated statewide benefits from reducing idling of sleeper berth
equipped trucks at 46 tons per day of oxides of nitrogen, 4.2 tons per
day of reactive organic gases, and 0.4 tons per day of particulate
matter in year 2010.\6\
---------------------------------------------------------------------------

    \6\ CARB's Updated Informative Digest, ``Requirements to Reduce
Idling Emissions from New and In-Use Trucks, Beginning in 2008,''
posted September 6, 2006.
---------------------------------------------------------------------------

    As noted previously, the CAA requires the EPA to approve SIPs and
SIP revisions that meet the applicable requirements of the CAA. One of
those requirements involves a determination that the state has provided
necessary assurances that the state is not prohibited by any provision
of federal or state law from carrying out the SIP (see CAA section
110(a)(2)(E)), and in this case, no court has found the Anti-Idling
Regulations to be in violation of the Commerce Clause or any other
provision of federal law.
    Also, as noted above in our responses to OOIDA comment #1, under
Union Electric, compliance cost issues standing alone are not relevant
to the EPA's review of SIPs and SIP revisions under CAA section 110,
and as noted in response to OOIDA comment #3, the Commerce Clause acts
to limit certain types of state regulation that affect interstate
commerce, but does not limit actions by federal agencies, such as the
EPA. As also previously explained, the ``dormant'' Commerce Clause
principles do not apply where Congress has established a process under
which the EPA must waive preemption if certain conditions are met. The
EPA's views expressed herein concerning the reach of the ``dormant''
Commerce Clause and the viability of challenges under the Commerce
Clause to California regulations for which waivers or authorizations
have been issued are consistent with our recent brief in Owner-Operator
Independent Drivers Association, Inc. v. EPA, D.C. Cir., Case No. 14-
1192, which has been placed in the docket for this rulemaking.
    OOIDA comment #5: OOIDA cites CARB's In-Use Diesel-Fueled Transport
Refrigeration Units (TRUs) Regulation as another example of what it
contends is a state regulation whose costs on interstate commerce far
exceed any benefit yet demonstrated by CARB. OOIDA further contends
that the EPA does not have the authority to approve a rule with what it
views as an unconstitutional impact on interstate commerce.
    EPA response to OOIDA comment #5: As previously explained, the
Commerce Clause acts to limit certain types of state regulation that
affect interstate commerce, but does not limit actions by federal
agencies, such as the EPA. As also previously explained, the
``dormant'' Commerce Clause principles do not apply where Congress has
established a process under which the EPA must waive preemption if
certain conditions are met. On the other hand, the EPA recognizes that
it must review SIPs and SIP revisions for compliance with CAA section
110(a)(2)(E), which provides in relevant part that the state must
provide necessary assurances that, among other things, the state is not
prohibited by any provision of federal or state law from carrying out
the SIP. In this instance, no court has found CARB's TRUs Regulation to
be in violation of the Commerce Clause or any other provision of
federal law.
    As noted above in the EPA response to OOIDA comment #3, the EPA has
considered in detail the issue of the relevance of the ``dormant''
Commerce Clause to CARB's regulations that are subject to waivers or
authorizations under section 209 in a recent brief filed in the D.C.
Circuit Court of Appeals in Owner-Operator Independent Drivers
Association, Inc. v. EPA, D.C. Cir., Case No. 14-1192, which is in the
docket for this rulemaking.

III. Final Action

    Under section 110(k)(3) of the CAA, and for the reasons given
above, we are taking final action to approve a SIP revision submitted
by CARB on August 14, 2015 that includes certain sections of title 13
and title 17 of the California Code of Regulations that establish
standards and other requirements relating to the control of emissions
from new on-road and new and in-use off-road vehicles and engines.
Tables 1 and 2 above list the regulations and related test procedures
and other specifications we are approving in this action.\7\ We are
approving the SIP revision because the regulations (and related test
procedures and other specifications) included therein fulfill all
relevant CAA requirements. This final action incorporates by reference
the regulations into the federally enforceable SIP for the State of
California.
---------------------------------------------------------------------------

    \7\ As discussed above in footnotes #1 and #2, we are deferring
action on 13 CCR section 2449.2(f)(4).

---------------------------------------------------------------------------

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of certain
sections of title 13 and title 17 of the California Code of Regulations
described in the amendments to 40 CFR part 52 set forth below.
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.\8\ The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region IX Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
---------------------------------------------------------------------------

    \8\ 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 Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this action does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
    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 August 15, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 1, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220a is amended as follows:
0
a. In paragraph (c), table 1 is amended:
0
i. By adding a table entry titled ``Title 13 (Motor Vehicles), Division
3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control
Devices), Article 1 (General Provisions)'' after the entry for
``6626''; and under it, adding entries for ``1900(b)(11) through
(b)(17)'', ``1900(b)(9) and (b)(22)'', and ``1900(b)(22)'';
0
ii. By adding entries for ``1956.8(a)(2), (a)(5), (b), and (h)'',
``1956.8(b), (c)(1)(B), (d), and (h)(2)(footnotes J and K)'', and
``1956.8(a)(2)(A), (a)(6), and (b)'' after the heading ``Title 13
(Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor
Vehicle Pollution Control Devices), Article 2 (Approval of Motor
Vehicle Pollution Control Divisions (New Vehicles))'';
0
iii. By adding entries for ``1956.8(b), (c)(1)(B), (c)(3), (d), (h)(2),
and (h)(5)'', ``1956.8(b), (c)(1)(A)(3), (d), and (h)(5)'', and ``1958
(a) (excluding (a)(1)), (b)(1), (b)(2), (f), (g), and (h)'', after the
entry for ``1956.8'';
0
iv. By adding entries for ``1960.1(r)'', ``1960.1(r)'', ``1961,
including Introduction, (a)(4), (a)(8), (a)(12), (a)(15); (b)(3)(B),
(b)(3)(C), (b)(3)(D), (b)(3)(E); (d); and (e)'', and ``1961(d)'' after
the entry for ``1960.1'';
0
v. By adding entries for ``1961, including Introduction, (a)(1),
(a)(3),

(a)(4), (a)(5), (a)(7), (a)(8)(B), (a)(14)(A); (b)(1)(A),
(b)(1)(B)(1.)(c.), (b)(1)(B)(3.), (b)(1)(C)(1.), (b)(1)(D), (b)(3)(A),
(b)(3)(B), (b)(3)(C), (b)(3)(E); (c)(1), (c)(2)(A), (c)(3)(A), (d)'',
``1961, including Introduction, (a)(1), (b)(1)(A), (d)'', ``1961.2'',
``1961.2, including Introduction, (a)(1), (a)(2)(A), (a)(2)(D),
(a)(7)(A), (a)(7)(A)(2.) (through equation 2), (A)(9), (b)(1)(A),
(b)(1)(A)(2.), (b)(1)(D), (b)(4)(A), (c)(1)(B), (c)(3)(B), and (d)'';
``1962.1'', ``1962.1 (b)(2)(D)(1) and (2), (c)(3)(A), and (h)(1)'';
``1962.2, excluding (g)(6)(C)''; ``1962.2(c)(2)(B), (c)(3)(A),
(c)(3)(A)(1.), (h)(1)''; ``1962.3''; ``1965''; ``1965''; ``1965'';
``1971.1''; ``1971.5''; ``1976(c)''; ``1976(b)(1), (c), (f)(3) and
(f)(4)''; ``1976(b)(1), (b)(1)(G)(3), (c)''; ``1978(a)(1), (b)'';
``1978(b)''; and ``1978'' after the entry for ``1961'';
0
vi. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution
Control Devices), Article 6 (Emission Control Warranty System)'' after
the entry for ``2027''; and under it, adding entries for ``2037(g)''
and ``2038(c)(3)'';
0
vii. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle
Emission Standards and Surveillance Testing), Article 1 (Assembly-Line
Testing)'' after the new entry ``2038(c)(3)''; and under it, adding an
entry for ``2062'';
0
viii. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle
Emission Standards and Surveillance Testing), Article 2.1 (Procedures
for In-Use Vehicle Voluntary and Influenced Recalls)'' after the new
entry ``2062''; and under it, adding entries for ``2111(a)(1)'',
``2111(a)(4)'', ``2112(l)(12)'', ``2112(l)(20), (l)(23)'', and
``2112(b), (l)(9), (l)(18)'';
0
ix. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle
Emission Standards and Surveillance Testing), Article 2.3 (In-Use
Vehicle Enforcement Test Procedures)'' after the new entry ``2112(b),
(l)(9), (l)(18)''; and under it, adding entries for ``2139(h)'',
``2139(a), (b), (c)(2)'', and ``2140(b)'';
0
x. By adding a table entry titled ``Title 13 (Motor Vehicles), Division
3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission
Standards and Surveillance Testing), Article 2.4 (Procedures for
Reporting Failures of Emission-Related Components)'' after the new
entry ``2140(b)''; and under it, adding entries for ``2145(b)(3)'',
``2147(b)'', and ``2147(b)(3)'';
0
xi. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 4.4 (Specifications for Fill
Pipes and Openings of Motor Vehicle Fuel Tanks)'' after the new entry
``2147(b)(3)''; and under it, adding an entry for ``2235'';
0
xii. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 5.1 (Standards for Fuels for
Nonvehicular Sources)'' after the entry for ``2297''; and under it,
adding an entry for ``2299.3'';
0
xiii. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and
Engines Pollution Control Devices), Article 1 (Small Off-Road
Engines)'' after the new entry ``2299.3''; and under it, adding entries
for ``2401(a)(13), (36), (41), (51), (52)'', ``2403(b)(2), (b)(3),
(b)(4), (d), (e)(1)'', ``2404(a)''; ``2404(m)(1), (m)(2), (m)(3)'';
``2405(b)(1), (b)(2), (h)(1), (h)(2)''; ``2406(b)(1), (b)(2)'';
``2408(b)(2), (d)(4), (f)(1), (f)(3), (f)(4), (f)(5), (g)(1)(E),
(i)(3), (i)(7)''; ``2408.1''; and ``2409(a), (b)(1), (b)(2), (b)(5),
(b)(6), (d)(3)'';
0
xiv. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and
Engines Pollution Control Devices), Article 3 (Off-Highway Recreational
Vehicles and Engines)'' after the new entry ``2409(a), (b)(1), (b)(2),
(b)(5), (b)(6), (d)(3)''; and under it, adding entries for
``2411(a)(1), (a)(13), (a)(17), (a)(18), (a)(19)''; ``2412''; and
``2413'';
0
xv. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and
Engines Pollution Control Devices), Article 4 (Off-Road Compression-
Ignition Engines and Equipment)'' after the new entry ``2413''; and
under it, adding entries for ``2420'', ``2421'', ``2423'', ``2424'',
``2424(a)'', ``2425'', ``2425(e)'', ``2425.1'', ``2426'', and ``2427'';
0
xvi. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and
Engines Pollution Control Devices), Article 4.5 (Off-Road Large Spark-
Ignition Engines)'' after the new entry ``2427''; and under it, adding
entries for ``2430'', ``2431(a), (a)(19), (a)(28)'', ``2433'',
``2434(c)'', and ``2438(e)(7)'';
0
xvii. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and
Engines Pollution Control Devices), Article 4.7 (Spark-Ignition Marine
Engines)'' after the new entry ``2438(e)(7)''; and under it, adding
entries for ``2440(a)(3)'', ``2442(a)(1), (a)(2), (b), (c), (d), (e),
(f), (g), (h)'', ``2443.1(b)(1), (c)(2)(B), (c)(4)(B), (c)(4)(D),
(c)(4)(G), (c)(4)(H), (d)(4)(B)'', ``2443.2(b)(1), (c)(1), (c)(2),
(e)'', ``2444.1(a), (b)(3)(B), (b)(3)(E), (b)(3)(G), (e)(4)(A)(1.
through 10.), (e)(4)(B), (e)(4)(C)(1., 2., and 3.)'', ``2444.2'',
``2445.1(a), (c)(1), (c)(2), (c)(3), (e)(10), (e)(11), (g)(2)(A)'',
``2445.2(a)'', ``2446(a), (b)(4)(B), (c)(1)(A), (c)(1)(B), (c)(2)(A),
(c)(3)(D), (c)(3)(E), (d)(3)(D), (d)(5), (e)'', and ``2447'';
0
xviii. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and
Engines Pollution Control Devices), Article 4.8 (In-Use Off-Road
Diesel-Fueled Fleets)'' after the new entry ``2447''; and under it,
adding entries for ``2449, excluding (d)(2)'', ``2449.1'', and
``2449.2, excluding (f)(4)'';
0
xix. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and
Engines Pollution Control Devices), Article 5 (Portable Engine and
Equipment Registration)'' after the new entry ``2449.2, excluding
(f)(4)''; and under it, adding entries for ``2451'', ``2452'',
``2453'', ``2455, excluding (a) and (b)'', ``2456, excluding (a),
(d)(3), (d)(5), and (d)(6)'', ``2458'', ``2459'', ``2460'', ``2461'',
and ``2462'';
0
xx. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and
Engines Pollution Control Devices), Article 7 (Certification Procedures
for Aftermarket Parts for Off-Road Vehicles, Engines, Equipment)''
after the new entry ``2462''; and under it, adding an entry for
``2474(e), (i)(1)'';
0
xxi. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and
Engines Pollution Control Devices), Article 8 (Off-Road Airborne Toxic
Control Measures)'' after the new entry ``2474(e), (i)(1)''; and under
it, adding entries for ``2477'', ``2479, excluding (e)(2) and (e)(4)'',
and ``2479(a), (b), (c), (d), (e)(1), (e)(3), (e)(5), (f)(1), (f)(2),
(f)(3), (f)(6), (h)(1), (i), (j)(1), (j)(2), (j)(3), (k), (l), (m),
(n), (o), (p), (q), (r)'';
0
xxii. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 10 (Mobile Source Operational
Controls), Article 1 (Motor Vehicles)'' after the new entry ``2479(a),
(b), (c), (d), (e)(1), (e)(3), (e)(5), (f)(1), (f)(2), (f)(3), (f)(6),
(h)(1), (i), (j)(1), (j)(2), (j)(3), (k), (l), (m), (n), (o), (p), (q),
(r)''; and under it, adding an entry for ``2485, excluding (c)(1)(A),
(c)(1)(B), (c)(3)(B)'';

0
xxiii. By adding a table entry titled ``Title 13 (Motor Vehicles),
Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road
Vehicles and Engines Pollution Control Requirements), Article 2 (Large
Spark Ignition (LSI) Engines Fleet Requirements)'' after the entry for
``2701''; and under it, adding entries for ``2775'', ``2775.1'', and
``2775.2'';
0
xxiv. By adding entries for ``93116'', ``93116.1'', ``93116.2'',
``93116.3, excluding (a)'', ``93116.4'', ``93116.5'', ``93118.3'', and
``93118.5, excluding (e)(1)'' after the entry for ``93114''; and b.
Paragraph (c), table 2 is amended by adding entries for ``California
Exhaust Emission Standards and Test Procedures for 2001 and Subsequent
Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles, as
last amended September 5, 2003'', ``California Motor Vehicle Emission
Control and Smog Index Label Specifications for 1978 through 2003 Model
Year Motorcycles, Light-, Medium- and Heavy-Duty Engines and
Vehicles,'' as last amended September 5, 2003'', ``California Smog
Index Label Specifications for 2004 and Subsequent Model Passenger Cars
and Light-Duty Trucks,'' adopted September 5, 2003'', ``California
Refueling Emission Standards and Test Procedures for 2001 and
Subsequent Model Motor Vehicles, as last amended September 5, 2003'',
``California Evaporative Emission Standards and Test Procedures for
2001 and Subsequent Model Motor Vehicles, as amended June 22, 2006'',
``California Refueling Emission Standards and Test Procedures for 2001
and Subsequent Model Motor Vehicles, as last amended June 22, 2006'',
``California Exhaust Emission Standards Test Procedures for 2001 and
Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty
Vehicles, as last amended June 22, 2006'', ``California Exhaust
Emission Standards and Test Procedures for 2004 and Subsequent Model
Heavy-Duty Diesel Engines and Vehicles, as last amended March 22,
2012'', ``California Exhaust Emission Standards and Test Procedures for
2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last
amended March 22, 2012'', ``California Non-Methane Organic Gas Test
Procedures, as last amended March 22, 2012'', ``California 2001 through
2014 Model Criteria Pollutant Exhaust Emission Standards and Test
Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission
Standards and Test Procedures for Passenger Cars, Light-Duty Trucks,
and Medium-Duty Vehicles, as last amended March 22, 2012, excluding
GHG-related provisions'', ``California Environmental Performance Label
Specifications for 2009 and Subsequent Model Year Passenger Cars,
Light-Duty Trucks, and Medium-Duty Passenger Vehicles, as last amended
March 22, 2012'', ``California Evaporative Emission Standards and Test
Procedures for 2001 and Subsequent Model Motor Vehicles, as last
amended March 22, 2012'', ``California Refueling Emission Standards and
Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last
amended March 22, 2012'', ``Specifications for Fill Pipes and Openings
of 1977 through 2014 Model Motor Vehicle Fuel Tanks, as last amended
March 22, 2012'', ``Specifications for Fill Pipes and Openings of 2015
and Subsequent Model Motor Vehicle Fuel Tanks, adopted March 22,
2012'', ``California 2015 and Subsequent Model Criteria Pollutant
Exhaust Emission Standards and Test Procedures and 2017 and Subsequent
Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, adopted
March 22, 2012, excluding GHG-related provisions'', ``California
Exhaust Emission Standards and Test Procedures for 2009 through 2017
Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the
Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as
last amended March 22, 2012, excluding GHG-related provisions'',
``California Exhaust Emission Standards and Test Procedures for 2018
and Subsequent Model Zero-Emission Vehicles and Hybrid Electric
Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty
Vehicle Classes, adopted March 22, 2012, excluding GHG-related
provisions'', ``California 2015 and Subsequent Model Criteria Pollutant
Exhaust Emission Standards and Test Procedures and 2017 and Subsequent
Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last
amended December 6, 2012, excluding GHG-related provisions'',
``California 2001 through 2014 Model Criteria Pollutant Exhaust
Emission Standards and Test Procedures and 2009 through 2016 Model
Greenhouse Gas Exhaust Emission standards and Test Procedures for
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last
amended December 6, 2012, excluding GHG-related provisions'',
``California Non-Methane Organic Gas Test Procedures, as last amended
December 6, 2012'', ``California Evaporative Emission Standards and
Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last
amended December 6, 2012'', ``California Exhaust Emission Standards and
Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle
Engines, as last amended December 6, 2012'', ``California Exhaust
Emission Standards and Test Procedures for 2004 and Subsequent Model
Heavy-Duty Diesel Engines and Vehicles, as last amended December 6,
2012'', ``California Exhaust Emission Standards and Test Procedures for
2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric
Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty
Vehicle Classes, as last amended December 6, 2012'', ``California
Exhaust Emission Standards and Test Procedures for 2018 and Subsequent
Model Zero-Emission Vehicles and Hybrid Vehicles, in the Passenger Car,
Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted December 6,
2012, excluding GHG-related provisions'', ``California Exhaust Emission
Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty
Otto-cycle Engines, as last amended December 12, 2002'', ``California
Exhaust Emission Standards and Test Procedures for 1985 and Subsequent
Model Heavy-Duty Diesel Engines and Vehicles, as last amended October
25, 2001'', ``California Motor Vehicle Emission Control and Smog Index
Label Specifications, as last amended October 22, 1999'', ``California
Exhaust Emission Standards and Test Procedures for 2004 and Subsequent
Model Heavy-Duty Diesel Engines, as last amended September 1, 2006'',
``California Exhaust Emission Standards and Test Procedures for New
2001 through 2006 Off-Road Large Spark-Ignition Engines, Parts I and
II, adopted September 1, 1999 and as last amended March 2, 2007'',
``California Exhaust and Evaporative Emission Standards and Test
Procedures for 2007 through 2009 Off-Road Large Spark-Ignition Engines,
(2007-2009 Test Procedure 1048), adopted March 2, 2007'', ``California
Exhaust and Evaporative Emission Standards and Test Procedures for New
2010 and Later Off-Road Large Spark-Ignition Engines, (2010 and Later
Test Procedure 1048), adopted March 2, 2007'', ``California Exhaust and
Evaporative Emission Standards and Test Procedures for New 2007 and
Later Off-Road Large Spark-Ignition Engines (Test Procedures 1065 and
1068), adopted March 2, 2007'',

``California Exhaust Emission Standards and Test Procedures for 2005
and Later Small Off-Road Engines, as last amended February 24, 2010'',
``California Exhaust Emission Standards and Test Procedures for New
2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition
Engines, Part I-B, adopted January 28, 2000 and as last amended October
20, 2005'', ``California Exhaust Emission Standards and Test Procedures
for New 1996 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-
Ignition Engines, Part II, adopted May 12, 1993 and as last amended
October 20, 2005'', ``California Exhaust Emission Standards and Test
Procedures for New 2008 and Later Tier 4 Off-Road Compression-Ignition
Engines, Part I-C, adopted October 20, 2005'', ``California Exhaust
Emission Standards and Test Procedures for 2001 Model Year and Later
Spark-Ignition Marine Engines, as last amended June 5, 2009'',
``Procedures for Exemption of Add-On and Modified Parts for Off-Road
Categories, as last amended June 5, 2009'', and ``California Exhaust
Emissions Standards and Test Procedures for 1997 and Later Off-Highway
Recreational Vehicles, and Engines, as last amended August 15, 2007''
after the entry for ``Procedures for Using the California Model for
California Reformulated Gasoline Blendstocks for Oxygenate Blending
(CARBOB)''.
    The additions read as follows:

Sec.  52.220a  Identification of plan--partial.

* * * * *
    (c) * * *

                                                Table 1--EPA-Approved Statutes and State Regulations \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           State
            State citation                       Title/subject           effective             EPA approval date               Additional explanation
                                                                            date
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 1 (General Provisions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1900(b)(11) through (b)(17)...........  Definitions...................   11/22/1999  [Insert Federal Register citation],   Definitions of ``motorcycle
                                                                                6/16/2016.                            engine,'' ``passenger car,''
                                                                                ``recall,'' ``replacement
                                                                                part,'' ``subgroup,'' and
                                                                                ``reactivity adjustment
                                                                                factor.''
1900(b)(9) and (b)(22)................  Definitions...................     8/7/2012  [Insert Federal Register citation],   Definitions of ``intermediate
                                                                                6/16/2016.                            volume manufacturer'' and
                                                                                ``small volume
                                                                                manufacturer.''
1900(b)(22)...........................  Definitions...................   12/31/2012  [Insert Federal Register citation],   Definition of ``small volume
                                                                                6/16/2016.                            manufacturer.''

                                                                      * * * * * * *
1956.8(a)(2), (a)(5), (b), and (h)....  Exhaust Emissions Standards      11/17/2002  [Insert Federal Register citation],   Exhaust emissions standards
                                         and Test Procedures--1985 and                6/16/2016.                            for new 2004 and subsequent
                                         Subsequent Model Heavy-Duty                                                        model heavy-duty diesel
                                         Engines and Vehicles.                                                              engines, heavy-duty natural
                                                                                gas-fueled and LPG-fueled
                                                                                engines derived from diesel-
                                                                                cycle engines; crankcase
                                                                                emissions requirements; test
                                                                                procedures.
1956.8(b), (c)(1)(B), (d), and (h)(2)   Exhaust Emissions Standards       12/4/2003  [Insert Federal Register citation],   Test procedures; exhaust
 (footnotes J and K).                    and Test Procedures--1985 and                6/16/2016.                            emissions standards for new
                                         Subsequent Model Heavy-Duty                                                        2005 and subsequent model HD
                                         Engines and Vehicles.                                                              OC engines.
1956.8(a)(2)(A), (a)(6), and (b)......  Exhaust Emissions Standards      11/15/2006  [Insert Federal Register citation],   Heavy-duty diesel engine
                                         and Test Procedures--1985 and                6/16/2016.                            idling requirements; test
                                         Subsequent Model Heavy-Duty                                                        procedures.
                                         Engines and Vehicles.

                                                                      * * * * * * *
1956.8(b), (c)(1)(B), (c)(3), (d),      Exhaust Emissions Standards        8/7/2012  [Insert Federal Register citation],   Test procedures; exhaust
 (h)(2), and (h)(5).                     and Test Procedures--1985 and                6/16/2016.                            emissions standard for new
                                         Subsequent Model Heavy-Duty                                                        2005 and subsequent model HD
                                         Engines and Vehicles.                                                              OC engines; 1992 and
                                                                                subsequent model diesel
                                                                                engines used in MD low-
                                                                                emissions vehicles.
1956.8(b), (c)(1)(A)(3), (d), and       Exhaust Emissions Standards      12/31/2012  [Insert Federal Register citation],   Test procedures; exhaust
 (h)(5).                                 and Test Procedures--1985 and                6/16/2016.                            emissions standard for new
                                         Subsequent Model Heavy-Duty                                                        2005 and subsequent model HD
                                         Engines and Vehicles.                                                              OC engines; 1992 and
                                                                                subsequent model diesel
                                                                                engines used in MD low-
                                                                                emissions vehicles.
1958(a) (excluding (a)(1)), (b)(1),     Exhaust Emissions Standards      11/22/1999  [Insert Federal Register citation],   Exhaust emissions standards
 (b)(2), (f), (g), and (h).              and Test Procedures--                        6/16/2016.                            for HC + NOX and for CO;
                                         Motorcycles and Motorcycle                                                         different standards
                                         Engines Manufactured on or                                                         established for different
                                         after January 1, 1978.                                                             sizes and for different
                                                                                models years; provisions for
                                                                                small volume manufacturers
                                                                                and for early-compliance
                                                                                credits; sunset review.
                                                                                Excluded subsection relates
                                                                                to an exclusion for
                                                                                motorcycles or motorcycle
                                                                                engines where the engine
                                                                                displacement is less than 50
                                                                                cubic centimeters.

                                                                      * * * * * * *
1960.1(r).............................  Exhaust Emission Standards and     8/7/2012  [Insert Federal Register citation],   4,000-mile Supplement FTP
                                         Test Procedures--1981 through                6/16/2016.                            Emission Standards for LEV,
                                         2006 Model Passenger Cars,                                                         ULEV, and SULEV in the PC,
                                         Light Duty Trucks, and Medium                                                      LDT, and MDVs.
                                         Duty Vehicles.
1960.1(r).............................  Exhaust Emission Standards and   12/31/2012  [Insert Federal Register citation],   4,000-mile Supplement FTP
                                         Test Procedures--1981 through                6/16/2016.                            Emission Standards for LEV,
                                         2006 Model Passenger Cars,                                                         ULEV, and SULEV in the PC,
                                         Light Duty Trucks, and Medium                                                      LDT, and MDVs.
                                         Duty Vehicles.
1961, including Introduction, (a)(4),   Exhaust Emission Standards and    12/4/2003  [Insert Federal Register citation],   50 [deg]F Exhaust emissions
 (a)(8), (a)(12), (a)(15); (b)(3)(B),    Test Procedures--2004 and                    6/16/2016.                            standards, requirements for
 (b)(3)(C), (b)(3)(D), (b)(3)(E); (d);   Subsequent Model Passenger                                                         vehicles certified to the
 and (e).                                Cars, Light-Duty Trucks, and                                                       optional 150,000 mile
                                         Medium-Duty Vehicles.                                                              standards, NMOG credit
                                                                                provisions, fuel-fired
                                                                                heater provisions, phase-in
                                                                                requirements for MDV
                                                                                manufacturers; test
                                                                                procedures.
1961(d)...............................  Exhaust Emission Standards and    2/17/2007  [Insert Federal Register citation],   Test procedures.
                                         Test Procedures--2004 and                    6/16/2016.
                                         Subsequent Model Passenger
                                         Cars, Light-Duty Trucks, and
                                         Medium-Duty Vehicles.

                                                                      * * * * * * *
1961, including Introduction, (a)(1),   Exhaust Emission Standards and     8/7/2012  [Insert Federal Register citation],   ``LEV III'' exhaust emission
 (a)(3), (a)(4), (a)(5), (a)(7),         Test Procedures--2004 through                6/16/2016.                            standards for 2004 through
 (a)(8)(B), (a)(14)(A); (b)(1)(A),       2019 Model Passenger Cars,                                                         2019 model PC, LDT, and MDV;
 (b)(1)(B)(1.)(c.), (b)(1)(B)(3.),       Light-Duty Trucks, and Medium-                                                     test procedures.
 (b)(1)(C)(1.), (b)(1)(D), (b)(3)(A),    Duty Vehicles.
 (b)(3)(B), (b)(3)(C), (b)(3)(E);
 (c)(1), (c)(2)(A), (c)(3)(A), (d).
1961, including Introduction, (a)(1),   Exhaust Emission Standards and   12/31/2012  [Insert Federal Register citation],   ``LEV III'' exhaust emission
 (b)(1)(A), (d).                         Test Procedures--2004 through                6/16/2016.                            standards for 2004 through
                                         2019 Model Passenger Cars,                                                         2019 model PC, LDT, and MDV;
                                         Light-Duty Trucks, and Medium-                                                     test procedures.
                                         Duty Vehicles.
1961.2................................  Exhaust Emission Standards and     8/7/2012  [Insert Federal Register citation],   ``LEV III'' exhaust emission
                                         Test Procedures--2015 and                    6/16/2016.                            standards for 2015 and
                                         Subsequent Model Passenger                                                         subsequent model year PC,
                                         Cars, Light-Duty Trucks, and                                                       LDT, and MDV.
                                         Medium-Duty Vehicles.
1961.2, including Introduction,         Exhaust Emission Standards and   12/31/2012  [Insert Federal Register citation],   ``LEV III'' exhaust emission
 (a)(1), (a)(2)(A), (a)(2)(D),           Test Procedures--2015 and                    6/16/2016.                            standards for 2015 and
 (a)(7)(A), (a)(7)(A)(2.) (through       Subsequent Model Passenger                                                         subsequent model year PC,
 equation 2), (A)(9), (b)(1)(A),         Cars, Light-Duty Trucks, and                                                       LDT, and MDV.
 (b)(1)(A)(2.), (b)(1)(D), (b)(4)(A),    Medium-Duty Vehicles.
 (c)(1)(B), (c)(3)(B), and (d).
1962.1................................  Zero-Emission Vehicle              8/7/2012  [Insert Federal Register citation],   ZEV standards, percentage ZEV
                                         Standards for 2009 through                   6/16/2016.                            requirements, PZEV
                                         2017 Model Year Passenger                                                          provisions, qualification
                                         Cars, Light-Duty Trucks, and                                                       for ZEV multipliers and
                                         Medium-Duty Vehicles.                                                              credits, generation and use
                                                                                of credits, calculation of
                                                                                penalties, test procedures.
1962.1(b)(2)(D)(1) and (2), (c)(3)(A),  Zero-Emission Vehicle            12/31/2012  [Insert Federal Register citation],   ZEV requirements for large
 and (h)(1).                             Standards for 2009 through                   6/16/2016.                            volume manufacturers in
                                         2017 Model Year Passenger                                                          model years 2012 through
                                         Cars, Light-Duty Trucks, and                                                       2017 and PZEV allowances;
                                         Medium-Duty Vehicles.                                                              test procedures, ZEV-
                                                                                specific definitions.
1962.2, excluding (g)(6)(C)...........  Zero-Emission Vehicle              8/7/2012  [Insert Federal Register citation],   ZEV standards, percentage ZEV
                                         Standards for 2018 and                       6/16/2016.                            requirements, TZEV
                                         Subsequent Model Year                                                              provisions, qualification of
                                         Passenger Cars, Light-Duty                                                         ZEV credits, generation and
                                         Trucks, and Medium-Duty                                                            use of credits, test
                                         Vehicles.                                                                          procedures, ZEV-specific
                                                                                definitions; excluded
                                                                                provision relates to GHG-ZEV
                                                                                over compliance credits.
1962.2(c)(2)(B), (c)(3)(A),             Zero-Emission Vehicle            12/31/2012  [Insert Federal Register citation],   Certain ZEV requirements in
 (c)(3)(A)(1.), (h)(1).                  Standards for 2018 and                       6/16/2016.                            model years 2018 and
                                         Subsequent Model Year                                                              subsequent model years
                                         Passenger Cars, Light-Duty                                                         including evaporative
                                         Trucks, and Medium-Duty                                                            emission standards for
                                         Vehicles.                                                                          TZEVs, TZEV allowances, and
                                                                                test procedures.
1962.3................................  Electric Vehicle Charging          8/7/2012  [Insert Federal Register citation],   Applicability, definitions,
                                         Requirements.                                6/16/2016.                            requirements, alternatives.
1965..................................  Emission Control and Smog        11/22/1999  [Insert Federal Register citation],   Emission control label
                                         Index Labels--1979 and                       6/16/2016.                            requirements.
                                         Subsequent Model-Year Motor
                                         Vehicles.
1965..................................  Emission Control and Smog        12/04/2003  [Insert Federal Register citation],   Emission control label
                                         Index Labels--1979 and                       6/16/2016.                            requirements.
                                         Subsequent Model-Year Motor
                                         Vehicles.
1965..................................  Emission Control, Smog Index,      8/7/2012  [Insert Federal Register citation],   Emission control label
                                         and Environmental Performance                6/16/2016.                            requirements.
                                         Labels--1979 and Subsequent
                                         Model-Year Motor Vehicles.

1971.1................................  On-Board Diagnostic System        6/17/2010  [Insert Federal Register citation],   Establishes emission
                                         Requirements--2010 and                       6/16/2016.                            standards and other
                                         Subsequent Model-Year Heavy-                                                       requirements for OBD systems
                                         Duty Engines.                                                                      that monitor emission
                                                                                systems in-use for the
                                                                                actual life of the engine
                                                                                and detect malfunctions of
                                                                                the monitored emissions
                                                                                systems, illuminating a
                                                                                malfunction indicator light
                                                                                to notify the vehicle
                                                                                operator of detected
                                                                                malfunctions, and storing
                                                                                fault codes identifying the
                                                                                detected malfunctions.
1971.5................................  Enforcement of Malfunction and    6/17/2010  [Insert Federal Register citation],   Establishes enforcement
                                         Diagnostic System                            6/16/2016.                            protocol for use by CARB to
                                         Requirements for 2010 and                                                          assure the engines certified
                                         Subsequent Model-Year Heavy-                                                       for sale in California are
                                         Duty Engines.                                                                      equipped with OBD systems
                                                                                that properly function and
                                                                                meet the applicable
                                                                                regulatory requirements.
1976(c)...............................  Standards and Test Procedures     2/17/2007  [Insert Federal Register citation],   Test procedures.
                                         for Motor Vehicle Fuel                       6/16/2016.
                                         Evaporative Emissions.
1976(b)(1), (c), (f)(3) and (f)(4)....  Standards and Test Procedures      8/7/2012  [Insert Federal Register citation],   Fuel evaporative emission
                                         for Motor Vehicle Fuel                       6/16/2016.                            standards; test procedures;
                                         Evaporative Emissions.                                                             definitions.
1976(b)(1), (b)(1)(G)(3), (c).........  Standards and Test Procedures    12/31/2012  [Insert Federal Register citation],   Fuel evaporative emission
                                         for Motor Vehicle Fuel                       6/16/2016.                            standards; test procedures;
                                         Evaporative Emissions.                                                             definitions.
1978(a)(1), (b).......................  Standards and Test Procedures     12/4/2003  [Insert Federal Register citation],   Standards for vehicle
                                         for Vehicle Refueling                        6/16/2016.                            refueling for 1998 and
                                         Emissions.                                                                         subsequent model passenger
                                                                                cars, LDT, and MDV less than
                                                                                8,501 pounds.
1978(b)...............................  Standards and Test Procedures     2/17/2007  [Insert Federal Register citation],   Test procedures.
                                         for Vehicle Refueling                        6/16/2016.
                                         Emissions.
1978..................................  Standards and Test Procedures      8/7/2012  [Insert Federal Register citation],   Refueling emissions standards
                                         for Vehicle Refueling                        6/16/2016.                            for 1998 and subsequent
                                         Emissions.                                                                         model gasoline-fueled,
                                                                                alcohol-fueled, diesel-
                                                                                fueled, LPG-fueled, fuel-
                                                                                flexible and hybrid electric
                                                                                PC, LDT, and MDV up to 8,501
                                                                                pounds, and similarly-fueled
                                                                                2015 and subsequent year MDV
                                                                                from 8,501 pounds to 14,000
                                                                                pounds.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), Article 6 (Emission Control Warranty
                                                                         System)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2037(g)...............................  Defects Warranty Requirements      8/7/2012  [Insert Federal Register citation],   Reporting requirements.
                                         for 1990 and Subsequent Model                6/16/2016.
                                         Passenger Cars, Light-Duty
                                         Trucks, Medium-Duty Vehicles,
                                         and Motor Vehicle Engines
                                         Used in Such Vehicles.
2038(c)(3)............................  Performance Warranty               8/7/2012  [Insert Federal Register citation],   Reporting requirements.
                                         Requirements for 1990 and                    6/16/2016.
                                         Subsequent Model Passenger
                                         Cars, Light-Duty Trucks, and
                                         Medium-Duty Vehicles, and
                                         Motor Vehicle Engines Used in
                                         Such Vehicles.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 1
                                                                 (Assembly-Line Testing)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2062..................................  Assembly-Line Procedures--1998     8/7/2012  [Insert Federal Register citation],   Assembly-line test
                                         and Subsequent Model Years.                  6/16/2016.                            procedures.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.1
                                            (Procedures for In-Use Vehicle Voluntary and Influenced Recalls)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2111(a)(1)............................  Applicability.................    8/15/2007  [Insert Federal Register citation],   Procedures apply to
                                                                                6/16/2016.                            California-certified 1982
                                                                                and subsequent model-year
                                                                                passenger cars, light-duty
                                                                                trucks, medium-duty
                                                                                vehicles, heavy-duty
                                                                                vehicles, motorcycles, and
                                                                                1997 and subsequent model-
                                                                                year off-road motorcycles
                                                                                and all-terrain vehicles,
                                                                                and 2007 and subsequent
                                                                                model-year off-road sport
                                                                                vehicles, off-road utility
                                                                                vehicles, and sand cars.

2111(a)(4)............................  Applicability.................    8/16/2009  [Insert Federal Register citation],   Procedures apply to certain
                                                                                6/16/2016.                            California-certified 2008
                                                                                model year spark-ignition
                                                                                sterndrive/inboard marine
                                                                                engines with maximum rated
                                                                                power less than or equal to
                                                                                373 kilowatts, and all
                                                                                California-certified 2009
                                                                                and subsequent model-year
                                                                                spark-ignition sterndrive/
                                                                                inboard marine engines.
2112(l)(12)...........................  Definitions...................    8/15/2007  [Insert Federal Register citation],   Definition of ``useful life''
                                                                                6/16/2016.                            for 1997 and subsequent
                                                                                model year off-road
                                                                                motorcycles, all-terrain
                                                                                vehicles, and for 2007 and
                                                                                subsequent model year off-
                                                                                road sport vehicles, off-
                                                                                road utility vehicles, sand
                                                                                cars, and engines used in
                                                                                such vehicles.
2112(l)(20), (l)(23)..................  Definitions...................    8/16/2009  [Insert Federal Register citation],   Definition of ``useful life''
                                                                                6/16/2016.                            for certain types of
                                                                                vehicles.
2112(b), (l)(9), (l)(18)..............  Definitions...................     8/7/2012  [Insert Federal Register citation],   Definition of ``correlation
                                                                                6/16/2016.                            factor,'' and definition of
                                                                                ``useful life'' for certain
                                                                                types of vehicles.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.3
                                                      (In-Use Vehicle Enforcement Test Procedures)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2139(h)...............................  Testing.......................    8/16/2009  [Insert Federal Register citation],   Specifies in-use compliance
                                                                                6/16/2016.                            tests for spark-ignition
                                                                                sterndrive/inboard marine
                                                                                engines.
2139(a), (b), (c)(2)..................  Testing.......................     8/7/2012  [Insert Federal Register citation],   Specifies in-use vehicle
                                                                                6/16/2016.                            emission tests by CARB after
                                                                                vehicles have been accepted
                                                                                and restorative maintenance,
                                                                                if any, has been performed.
2140(b)...............................  Notification and Use of Test       8/7/2012  [Insert Federal Register citation],   Notification and use
                                         Results.                                     6/16/2016.                            requirements once the in-use
                                                                                emission tests have been
                                                                                completed.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission Standards and Surveillance Testing), Article 2.4
                                           (Procedures for Reporting Failures of Emission-Related Components)