Approval of California Air Plan Revisions; Anti-Idling Regulations |
|---|
|
Alexis Strauss
Environmental Protection Agency
27 December 2017
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Rules and Regulations]
[Pages 61178-61180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27818]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0383; FRL-9972-49-Region 9]
Approval of California Air Plan Revisions; Anti-Idling
Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action 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 approving
portions of a state rule submitted by the California Air Resources
Board (CARB) to regulate these emission sources under the Clean Air Act
(CAA or the Act).
DATES: This rule will be effective on January 26, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2017-0383. All documents in the docket are
listed on the http://www.regulations.gov website. 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: Jeffrey Buss, EPA Region IX, (415)
947-4152, buss.jeffrey@epa.gov.
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. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On September 29, 2017, the EPA proposed to approve 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.\1\
---------------------------------------------------------------------------
\1\ As described in the proposal, the EPA previously approved
other portions of section 2485 into the SIP on June 16, 2016. 81 FR
39423, 39443.
---------------------------------------------------------------------------
We proposed to approve these provisions because we determined that
they comply with relevant CAA
[[Page 61179]]
requirements. Our proposed action contains more information on the rule
and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received 10 comments. All comments received were
either supportive of or not specific to this action and thus are not
addressed here.
III. EPA Action
No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving this rule into
the California SIP.
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 the
portions of 13 CCR 2485 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 SIP, 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 the EPA's approval, and will be incorporated by reference by the
Director of the Federal Register in the next update to the SIP
compilation.\2\ The EPA has made, and will continue to make, these
documents 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).
---------------------------------------------------------------------------
\2\ 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 they meet the criteria of the Clean Air Act.
Accordingly, this 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
action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 26, 2018. 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, 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: December 12, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, 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 by adding in paragraph (c) in table 1 an
entry for ``2485, subsections (c)(1)(A), (c)(1)(B) only'' after the
entry for ``2485, excluding (c)(1)(A), (c)(1)(B), (c)(3)(B)'' to read
as follows:
[[Page 61180]]
Sec. 52.220a Identification of plan--in part.
* * * * *
(c) * * *
Table 1--EPA-Approved Statutes and State Regulations \1\
----------------------------------------------------------------------------------------------------------------
EPA approval Additional
State citation Title/subject State effective date date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2485, subsections (c)(1)(A), Airborne Toxic November 15, 2006.......... [Insert Federal Submitted
(c)(1)(B) only. Control Measure Register December 9,
to Limit Diesel- citation], 2011. Limits
Fueled December 27, diesel vehicle
Commercial 2017. idling to 5
Motor Vehicle minutes.
Idling.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
are cited in certain regulations listed in Table 1. Approved California statutes that are nonregulatory or
quasi-regulatory are listed in paragraph (e).
* * * * *
[FR Doc. 2017-27818 Filed 12-26-17; 8:45 am]
BILLING CODE 6560-50-P