[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Proposed Rules]
[Pages 45548-45549]
[FR Doc No: 2017-20963]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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

Approval of California Air Plan Revisions; Anti-Idling
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the California State Implementation Plan (SIP).
This revision concerns emissions of volatile organic compounds (VOCs),
oxides of nitrogen (NOX) and particulate matter (PM) from
the idling of diesel-powered trucks. We are proposing to approve
portions of a state rule to regulate these emission sources under the
Clean Air Act (CAA or the Act). We are taking comments on this proposal
and plan to follow with a final action.

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0383 at https://www.regulations.gov, or via email to Jeffrey
Buss, Rulemaking Office at<EMAIL_ADDRESS>For comments submitted
at Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be removed or edited from
Regulations.gov. For either manner of submission, the EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, (415)
947-4152<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

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

I. The State's Submittal

A. What rule did the State submit?

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

B. Are there other versions of this rule?

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

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

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

A. How is the EPA evaluating the rule?

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

B. Does the rule meet the evaluation criteria?

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

C. Public Comment and Proposed Action

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

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the portions of title 13 CCR 2485 described above. The EPA
has made, and will continue to make, these materials available through
www.regulations.gov and at the EPA Region IX Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

IV. Statutory and Executive Order Reviews

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

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

List of Subjects in 40 CFR Part 52

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

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

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