Vol. 81 Thursday, 

No. 116 June 16, 2016 

Part III 

Environmental Protection Agency 

40 CFR Part 52 

Approval and Promulgation of Implementation Plans; California; California 

Mobile Source Regulations; Final Rule 


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39424 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 

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. 

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, lo.doris@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. 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 longstanding 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

Source category Relevant sections of California Code of Regulations 

Date of 

relevant 

CARB 

hearing 

date(s) or 

Executive 

Officer 

action 

EPA Notice 

of decision 

On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles (LEV II).Amendments to 13 CCR §§ 1961, 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 §§ 1961, 1976, 

1978, and documents incorporated by reference 

(see table 2 below), effective for state law purposes 

on 2/17/07.

12/12/02, 6/

22/06.

70 FR 22034 

(4/28/05); 

75 FR 

44948 (7/

30/10) 


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TABLE 1—CARB SIP REVISION SUBMITTAL SUMMARY—Continued 

Source category Relevant sections of California Code of Regulations 

Date of 

relevant 

CARB 

hearing 

date(s) or 

Executive 

Officer 

action 

EPA Notice 

of decision 

On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles (LEV III) and Zero Emission Vehicles (ZEV).Adoption of 13 CCR §§ 1961.2 and 1962.2 (excluding 

subsection 1962.2(g)(6)) and amendments to 13 

CCR §§ 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 §§ 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.

01/26/12, 11/

15/12.

78 FR 2112 

(1/9/13) 

On-Road Heavy-Duty Gasoline Engines ....................... 13 CCR § 1956.8 and the document incorporated by 

reference (see table 2 below), effective for state law 

purposes on 12/4/03.

12/12/02, 9/5/

03 (EO).

75 FR 70237 

(11/17/10) 

On-Road Heavy-Duty Diesel Engines ........................... Amendments to 13 CCR § 1956.8, and the document 

incorporated by reference (see table 2 below), effective for state law purposes on 11/17/02.

10/25/01 ....... 70 FR 50322 

(8/26/05) 

On-Road Motorcycles .................................................... Amendments to 13 CCR §§ 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.

12/10/98 ....... 71 FR 44027 

(8/3/06) 

On-Road Heavy-Duty Engines—On-Board Diagnostic 

System (HD OBD).

13 CCR §§ 1971.1 and 1971.5, effective for state law 

purposes on 6/17/10.

5/28/09 ......... 77 FR 73459 

(12/10/12) 

On-Road Heavy Duty Vehicles—engine or vehicle idle 

controls.

13 CCR §§ 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.

10/20/05 ....... 77 FR 9239 

(2/16/12) 

In-Use Diesel-Fueled Transport Refrigeration Units ...... 13 CCR § 2477, as amended, effective for state law 

purposes on 3/7/11.

11/18/10 ....... 78 FR 38970 

(6/28/13) 

Commercial Harbor Craft ............................................... 17 CCR § 93118.5 (excluding subsection 

93118.5(e)(1)), effective for state law purposes on 

11/19/08.

11/15/07, 9/2/

08 (EO).

76 FR 77521 

(12/13/11) 

Off-Road Large Spark-Ignition (LSI) Engines ................ New LSI engine emissions standards: 13 CCR 

§§ 2430, 2431, 2433, 2434, and 2438; LSI fleet requirements: 13 CCR §§ 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.

5/25/06, 3/2/

07 (EO).

77 FR 20388 

(4/4/12) 

Auxiliary Diesel Engines on Ocean-Going Vessels ....... 13 CCR § 2299.3 and 17 CCR § 93118.3, effective for 

state law purposes on 01/02/09.

12/6/07, 10/

16/08 (EO).

76 FR 77515 

(12/13/11) 

In-Use Off-Road Diesel Fueled Fleets ........................... 13 CCR §§ 2449 (excluding subsection 2449(d)(2)) 

2449.1, and 2449.2, effective for state law purposes 

on 12/14/11.

5/25/07, 7/26/

07, 12/11/

08, 1/22/

09, 7/23/

09, 12/17/

10.

78 FR 58090 

(9/20/13) 

Mobile Cargo Handling Equipment (CHE) ..................... 13 CCR § 2479 (excluding subsections (e)(2) and 

(e)(4)), effective for state law purposes on 12/31/06; 

and amendments to 13 CCR § 2479 (excluding subsections (e)(2) and (e)(4)), effective for state law 

purposes on 10/14/12.

12/8/05, 9/22/

11.

77 FR 9916 

(2/21/12); 

80 FR 

26249 (5/7/

15) 

Small Off-Road Engines (SORE) ................................... 13 CCR §§ 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.

11/21/08 ....... 80 FR 26041 

(5/6/15) 

Off-Road Compression—Ignition (CI) Engines .............. 13 CCR §§ 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.

1/27/00, 12/9/

04.

75 FR 8056 

(2/23/10) 

In-Use Portable Diesel-Fueled Engines (PDE) .............. 17 CCR §§ 93116 through 93116.5 (excluding subsection 93116.3(a)), effective for state law purposes 

on 3/11/05.

2/26/04 ......... 77 FR 72846 

(12/6/12) 


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39426 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 

1There 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 1—CARB SIP REVISION SUBMITTAL SUMMARY—Continued 

Source category Relevant sections of California Code of Regulations 

Date of 

relevant 

CARB 

hearing 

date(s) or 

Executive 

Officer 

action 

EPA Notice 

of decision 

Portable Equipment Registration Program (PERP) ....... 13 CCR §§ 2451, 2452, 2453, 2455 (excluding subsections 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.

3/27/97, 7/31/

07 (EO), 

12/10/98, 

2/26/04, 6/

22/06, 3/

22/07.

77 FR 72851 

(12/6/12) 

Spark-Ignition Marine Engines and Boats (Marine SI) .. 13 CCR §§ 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.

7/24/08, 6/5/

09 (EO).

80 FR 26032 

(5/16/15) 

Off-Highway Recreational Vehicles and Engines 

(OHRV).

13 CCR §§ 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.

7/20/06 ......... 79 FR 6584 

(2/4/14) 

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

TABLE 2—DOCUMENTS INCORPORATED BY REFERENCE IN CARB REGULATIONS LISTED IN TABLE 1, ABOVE, AND

SUBMITTED AS PART OF SIP REVISION

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 MediumDuty 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. 


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TABLE 2—DOCUMENTS INCORPORATED BY REFERENCE IN CARB REGULATIONS LISTED IN TABLE 1, ABOVE, AND

SUBMITTED AS PART OF SIP REVISION—Continued 

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 MediumDuty Vehicles; and 


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39428 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 

2After 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. 

• 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

• 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 


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3The 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. 

relied upon to provide emissions 

reductions in the most recentlyapproved 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

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 


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4OOIDA 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. 

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. 

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 


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5See 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). 

6CARB’s Updated Informative Digest, 

‘‘Requirements to Reduce Idling Emissions from 

New and In-Use Trucks, Beginning in 2008,’’ posted 

September 6, 2006. 

7As discussed above in footnotes #1 and #2, we 

are deferring action on 13 CCR section 2449.2(f)(4). 

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. 

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

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 offroad 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. 


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8 62 FR 27968 (May 22, 1997). 

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). 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220a is amended as 

follows: 

■ a. In paragraph (c), table 1 is amended: 

■ 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)’’; 

■ 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))’’; 

■ 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’’; 

■ 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’’; 

■ v. By adding entries for ‘‘1961, 

including Introduction, (a)(1), (a)(3), 


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Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39433 

(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’’; 

■ 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)’’; 

■ 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’’; 

■ 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)’’; 

■ 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)’’; 

■ 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)’’; 

■ 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’’; 

■ 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’’; 

■ xiii. By adding a table entry titled 

‘‘Title 13 (Motor Vehicles), Division 3 

(Air Resources Board), Chapter 9 (OffRoad Vehicles and Engines Pollution 

Control Devices), Article 1 (Small OffRoad 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)’’; 

■ xiv. By adding a table entry titled 

‘‘Title 13 (Motor Vehicles), Division 3 

(Air Resources Board), Chapter 9 (OffRoad 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’’; 

■ xv. By adding a table entry titled 

‘‘Title 13 (Motor Vehicles), Division 3 

(Air Resources Board), Chapter 9 (OffRoad 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’’; 

■ xvi. By adding a table entry titled 

‘‘Title 13 (Motor Vehicles), Division 3 

(Air Resources Board), Chapter 9 (OffRoad 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)’’; 

■ xvii. By adding a table entry titled 

‘‘Title 13 (Motor Vehicles), Division 3 

(Air Resources Board), Chapter 9 (OffRoad Vehicles and Engines Pollution 

Control Devices), Article 4.7 (SparkIgnition 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’’; 

■ xviii. By adding a table entry titled 

‘‘Title 13 (Motor Vehicles), Division 3 

(Air Resources Board), Chapter 9 (OffRoad Vehicles and Engines Pollution 

Control Devices), Article 4.8 (In-Use OffRoad 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)’’; 

■ xix. By adding a table entry titled 

‘‘Title 13 (Motor Vehicles), Division 3 

(Air Resources Board), Chapter 9 (OffRoad 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’’; 

■ xx. By adding a table entry titled 

‘‘Title 13 (Motor Vehicles), Division 3 

(Air Resources Board), Chapter 9 (OffRoad Vehicles and Engines Pollution 

Control Devices), Article 7 (Certification 

Procedures for Aftermarket Parts for OffRoad Vehicles, Engines, Equipment)’’ 

after the new entry ‘‘2462’’; and under 

it, adding an entry for ‘‘2474(e), (i)(1)’’; 

■ xxi. By adding a table entry titled 

‘‘Title 13 (Motor Vehicles), Division 3 

(Air Resources Board), Chapter 9 (OffRoad 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)’’; 

■ 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)’’; 


srobinson on DSK5SPTVN1PROD with RULES2
39434 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 

■ 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’’; 

■ 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 MediumDuty 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, LightDuty 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, LightDuty 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, LightDuty 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 GHGrelated 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 SparkIgnition 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 OffRoad 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 SparkIgnition Engines (Test Procedures 1065 

and 1068), adopted March 2, 2007’’, 


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Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39435 

‘‘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 OffRoad Categories, as last amended June 5, 

2009’’, and ‘‘California Exhaust 

Emissions Standards and Test 

Procedures for 1997 and Later OffHighway 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: 

§ 52.220a Identification of plan—partial. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

*******

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], 6/16/2016.

Definitions of ‘‘motorcycle 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], 6/16/2016.

Definitions of ‘‘intermediate volume 

manufacturer’’ and ‘‘small volume 

manufacturer.’’ 

1900(b)(22) ............................................ Definitions ............................................. 12/31/2012 [Insert Federal Register 

citation], 6/16/2016.

Definition of ‘‘small volume manufacturer.’’ 

* * * * * * * 

1956.8(a)(2), (a)(5), (b), and (h) ........... Exhaust Emissions Standards and Test 

Procedures—1985 and Subsequent 

Model Heavy-Duty Engines and Vehicles.

11/17/2002 [Insert Federal Register 

citation], 6/16/2016.

Exhaust emissions standards for new 

2004 and subsequent model heavyduty diesel 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) 

(footnotes J and K).

Exhaust Emissions Standards and Test 

Procedures—1985 and Subsequent 

Model Heavy-Duty Engines and Vehicles.

12/4/2003 [Insert Federal Register 

citation], 6/16/2016.

Test procedures; exhaust emissions 

standards for new 2005 and subsequent model HD OC engines. 

1956.8(a)(2)(A), (a)(6), and (b) ............. Exhaust Emissions Standards and Test 

Procedures—1985 and Subsequent 

Model Heavy-Duty Engines and Vehicles.

11/15/2006 [Insert Federal Register 

citation], 6/16/2016.

Heavy-duty diesel engine idling requirements; test procedures. 

* * * * * * * 

1956.8(b), (c)(1)(B), (c)(3), (d), (h)(2), 

and (h)(5).

Exhaust Emissions Standards and Test 

Procedures—1985 and Subsequent 

Model Heavy-Duty Engines and Vehicles.

8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

Test procedures; exhaust emissions 

standard for new 2005 and subsequent model HD OC engines; 1992 

and subsequent model diesel engines used in MD low-emissions vehicles. 

1956.8(b), (c)(1)(A)(3), (d), and (h)(5) .. Exhaust Emissions Standards and Test 

Procedures—1985 and Subsequent 

Model Heavy-Duty Engines and Vehicles.

12/31/2012 [Insert Federal Register 

citation], 6/16/2016.

Test procedures; exhaust emissions 

standard for new 2005 and subsequent model HD OC engines; 1992 

and subsequent model diesel engines used in MD low-emissions vehicles. 

1958(a) (excluding (a)(1)), (b)(1), (b)(2), 

(f), (g), and (h).

Exhaust Emissions Standards and Test 

Procedures—Motorcycles and Motorcycle Engines Manufactured on or 

after January 1, 1978.

11/22/1999 [Insert Federal Register 

citation], 6/16/2016.

Exhaust emissions standards for HC + 

NOX and for CO; different standards 

established for different 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. 


srobinson on DSK5SPTVN1PROD with RULES2
39436 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

*******

1960.1(r) ................................................ Exhaust Emission Standards and Test 

Procedures—1981 through 2006 

Model Passenger Cars, Light Duty 

Trucks, and Medium Duty Vehicles.

8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

4,000-mile Supplement FTP Emission 

Standards for LEV, ULEV, and 

SULEV in the PC, LDT, and MDVs. 

1960.1(r) ................................................ Exhaust Emission Standards and Test 

Procedures—1981 through 2006 

Model Passenger Cars, Light Duty 

Trucks, and Medium Duty Vehicles.

12/31/2012 [Insert Federal Register 

citation], 6/16/2016.

4,000-mile Supplement FTP Emission 

Standards for LEV, ULEV, and 

SULEV in the PC, LDT, and MDVs. 

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).

Exhaust Emission Standards and Test 

Procedures—2004 and Subsequent 

Model Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicles.

12/4/2003 [Insert Federal Register 

citation], 6/16/2016.

50 °F Exhaust emissions standards, requirements for vehicles certified to 

the optional 150,000 mile standards, 

NMOG credit provisions, fuel-fired 

heater provisions, phase-in requirements for MDV manufacturers; test 

procedures. 

1961(d) .................................................. Exhaust Emission Standards and Test 

Procedures—2004 and Subsequent 

Model Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicles.

2/17/2007 [Insert Federal Register 

citation], 6/16/2016.

Test procedures. 

*******

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).

Exhaust Emission Standards and Test 

Procedures—2004 through 2019 

Model Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicles.

8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

‘‘LEV III’’ exhaust emission standards 

for 2004 through 2019 model PC, 

LDT, and MDV; test procedures. 

1961, including Introduction, (a)(1), 

(b)(1)(A), (d).

Exhaust Emission Standards and Test 

Procedures—2004 through 2019 

Model Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicles.

12/31/2012 [Insert Federal Register 

citation], 6/16/2016.

‘‘LEV III’’ exhaust emission standards 

for 2004 through 2019 model PC, 

LDT, and MDV; test procedures. 

1961.2 ................................................... Exhaust Emission Standards and Test 

Procedures—2015 and Subsequent 

Model Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicles.

8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

‘‘LEV III’’ exhaust emission standards 

for 2015 and subsequent model year 

PC, LDT, and MDV. 

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).

Exhaust Emission Standards and Test 

Procedures—2015 and Subsequent 

Model Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicles.

12/31/2012 [Insert Federal Register 

citation], 6/16/2016.

‘‘LEV III’’ exhaust emission standards 

for 2015 and subsequent model year 

PC, LDT, and MDV. 

1962.1 ................................................... Zero-Emission Vehicle Standards for 

2009 through 2017 Model Year Passenger Cars, Light-Duty Trucks, and 

Medium-Duty Vehicles.

8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

ZEV standards, percentage ZEV requirements, PZEV provisions, qualification for ZEV multipliers and credits, generation and use of credits, 

calculation of penalties, test procedures. 

1962.1(b)(2)(D)(1) and (2), (c)(3)(A), 

and (h)(1).

Zero-Emission Vehicle Standards for 

2009 through 2017 Model Year Passenger Cars, Light-Duty Trucks, and 

Medium-Duty Vehicles.

12/31/2012 [Insert Federal Register 

citation], 6/16/2016.

ZEV requirements for large volume 

manufacturers in model years 2012 

through 2017 and PZEV allowances; 

test procedures, ZEV-specific definitions. 

1962.2, excluding (g)(6)(C) ................... Zero-Emission Vehicle Standards for 

2018 and Subsequent Model Year 

Passenger Cars, Light-Duty Trucks, 

and Medium-Duty Vehicles.

8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

ZEV standards, percentage ZEV requirements, TZEV provisions, qualification of ZEV credits, generation 

and use of credits, test procedures, 

ZEV-specific definitions; excluded 

provision relates to GHG–ZEV over 

compliance credits. 

1962.2(c)(2)(B), (c)(3)(A), (c)(3)(A)(1.), 

(h)(1).

Zero-Emission Vehicle Standards for 

2018 and Subsequent Model Year 

Passenger Cars, Light-Duty Trucks, 

and Medium-Duty Vehicles.

12/31/2012 [Insert Federal Register 

citation], 6/16/2016.

Certain ZEV requirements in model 

years 2018 and subsequent model 

years including evaporative emission 

standards for TZEVs, TZEV allowances, and test procedures. 

1962.3 ................................................... Electric Vehicle Charging Requirements.

8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

Applicability, definitions, requirements, 

alternatives. 

1965 ...................................................... Emission Control and Smog Index Labels—1979 and Subsequent ModelYear Motor Vehicles.

11/22/1999 [Insert Federal Register 

citation], 6/16/2016.

Emission control label requirements. 

1965 ...................................................... Emission Control and Smog Index Labels—1979 and Subsequent ModelYear Motor Vehicles.

12/04/2003 [Insert Federal Register 

citation], 6/16/2016.

Emission control label requirements. 

1965 ...................................................... Emission Control, Smog Index, and 

Environmental Performance Labels— 

1979 and Subsequent Model-Year 

Motor Vehicles.

8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

Emission control label requirements. 


srobinson on DSK5SPTVN1PROD with RULES2
Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39437 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

1971.1 ................................................... On-Board Diagnostic System Requirements—2010 and Subsequent 

Model-Year Heavy-Duty Engines.

6/17/2010 [Insert Federal Register 

citation], 6/16/2016.

Establishes emission standards and 

other requirements for OBD systems 

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 Diagnostic System Requirements for 

2010 and Subsequent Model-Year 

Heavy-Duty Engines.

6/17/2010 [Insert Federal Register 

citation], 6/16/2016.

Establishes enforcement protocol for 

use by CARB to assure the engines 

certified for sale in California are 

equipped with OBD systems that 

properly function and meet the applicable regulatory requirements. 

1976(c) .................................................. Standards and Test Procedures for 

Motor Vehicle Fuel Evaporative 

Emissions.

2/17/2007 [Insert Federal Register 

citation], 6/16/2016.

Test procedures. 

1976(b)(1), (c), (f)(3) and (f)(4) ............. Standards and Test Procedures for 

Motor Vehicle Fuel Evaporative 

Emissions.

8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

Fuel evaporative emission standards; 

test procedures; definitions. 

1976(b)(1), (b)(1)(G)(3), (c) ................... Standards and Test Procedures for 

Motor Vehicle Fuel Evaporative 

Emissions.

12/31/2012 [Insert Federal Register 

citation], 6/16/2016.

Fuel evaporative emission standards; 

test procedures; definitions. 

1978(a)(1), (b) ....................................... Standards and Test Procedures for Vehicle Refueling Emissions.12/4/2003 [Insert Federal Register 

citation], 6/16/2016.

Standards for vehicle refueling for 1998 

and subsequent model passenger 

cars, LDT, and MDV less than 8,501 

pounds. 

1978(b) .................................................. Standards and Test Procedures for Vehicle Refueling Emissions.2/17/2007 [Insert Federal Register 

citation], 6/16/2016.

Test procedures. 

1978 ...................................................... Standards and Test Procedures for Vehicle Refueling Emissions.8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

Refueling emissions standards for 

1998 and subsequent model gasoline-fueled, alcohol-fueled, dieselfueled, 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 for 

1990 and Subsequent Model Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles, and Motor Vehicle Engines Used in Such Vehicles.

8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

Reporting requirements. 

2038(c)(3) .............................................. Performance Warranty Requirements 

for 1990 and Subsequent Model 

Passenger Cars, Light-Duty Trucks, 

and Medium-Duty Vehicles, and 

Motor Vehicle Engines Used in Such 

Vehicles.

8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

Reporting requirements. 

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 and 

Subsequent Model Years.

8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

Assembly-line test 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], 6/16/2016.

Procedures apply to 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. 


srobinson on DSK5SPTVN1PROD with RULES2
39438 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

2111(a)(4) .............................................. Applicability ........................................... 8/16/2009 [Insert Federal Register 

citation], 6/16/2016.

Procedures apply to certain Californiacertified 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], 6/16/2016.

Definition of ‘‘useful life’’ 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], 6/16/2016.

Definition of ‘‘useful life’’ for certain 

types of vehicles. 

2112(b), (l)(9), (l)(18) ............................ Definitions ............................................. 8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

Definition of ‘‘correlation 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], 6/16/2016.

Specifies in-use compliance tests for 

spark-ignition sterndrive/inboard marine engines. 

2139(a), (b), (c)(2) ................................. Testing .................................................. 8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

Specifies in-use vehicle emission tests 

by CARB after vehicles have been 

accepted and restorative maintenance, if any, has been performed. 

2140(b) .................................................. Notification and Use of Test Results .... 8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

Notification and use 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) 

2145(b)(3) .............................................. Field Information Report ....................... 8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

Reporting requirements. 

2147(b) .................................................. Demonstration of Compliance with 

Emissions Standards.

8/16/2009 [Insert Federal Register 

citation], 6/16/2016.

Applies the requirements to sterndrive/

inboard marine engines. 

2147(b)(3) .............................................. Demonstration of Compliance with 

Emissions Standards.

8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

Testing requirements and selection of 

deterioration factors. 

Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 4.4 (Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks) 

2235 ...................................................... Requirements ........................................ 8/7/2012 [Insert Federal Register 

citation], 6/16/2016.

Requirements for 1977 and subsequent model gasoline-fueled motor 

vehicles with respect to fill pipes and 

openings. 

* * * * * * * 

Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 5.1 (Standards for Fuels for Nonvehicular Sources) 

2299.3 ................................................... Airborne Toxic Control Measure for 

Auxiliary Diesel Engines Operated 

on Ocean-Going Vessels At-Berth in 

a California Port.

1/2/2009 [Insert Federal Register 

citation], 6/16/2016.

Requires that any person who owns, 

operates, container vessel, passenger vessel, or refrigerated cargo 

vessel that visits a California port 

comply with section 93118.3 relating 

to the operation of auxiliary diesel 

engines on OGV at-berth in a California port. Also applies to any person who owns or operates a port or 

terminal located at a California port 

where container, passenger or refrigerated cargo vessels visit. 

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) 

2401(a)(13), (36), (41) , (51), (52) ........ Definitions ............................................. 5/5/2010 [Insert Federal Register 

citation], 6/16/2016.

Definitions for ‘‘eight-hour workday,’’ 

‘‘professional level,’’ ‘‘standard battery package,’’ ‘‘zero-emission equipment credits,’’ and ‘‘zero-emission 

equipment engine family.’’ 


srobinson on DSK5SPTVN1PROD with RULES2
Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39439 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

2403(b)(2), (b)(3), (b)(4), (d), (e)(1) ...... Exhaust Emission Standards and Test 

Procedures—Small Off-Road Engines.

5/5/2010 [Insert Federal Register 

citation], 6/16/2016.

Low-emitting blue sky series engine requirements, evaporative emission requirements, test procedures. 

2404(a) .................................................. Emission Control Labels and Consumer Information—1995 and Later 

Small Off-Road Engines.

11/15/2006 [Insert Federal Register 

citation], 6/16/2016.

The requirements in section 2404 recognize the certain emission-critical or 

emission-related parts must be properly identified and maintained in 

order for engines to meet the applicable emissions standards and that 

information regarding engines’ emissions levels may influence consumer 

choice. 

2404(m)(1), (m)(2), (m)(3) ..................... Emission Control Labels and Consumer Information—1995 and Later 

Small Off-Road Engines.

5/5/2010 [Insert Federal Register 

citation], 6/16/2016.

Zero-emission equipment label content 

and placement requirements. 

2405(b)(1), (b)(2), (h)(1), (h)(2) ............. Defects Warranty Requirements for 

1995 and Later Small Off-Road Engines.

5/5/2010 [Insert Federal Register 

citation], 6/16/2016.

Zero-emission equipment warranty requirements. 

2406(b)(1), (b)(2) ................................... Emission Control System Warranty 

Statement.

5/5/2010 [Insert Federal Register 

citation], 6/16/2016.

Warranty contact requirement. 

2408(b)(2), (d)(4), (f)(1), (f)(3), (f)(4), 

(f)(5), (g)(1)(E), (i)(3), (i)(7).

Emission Reduction Credits—Certification Averaging, Banking, and Trading Provisions.5/5/2010 [Insert Federal Register 

citation], 6/16/2016.

Limits on use of certification emission 

credits, certain reporting requirements. 

2408.1 ................................................... Emission Reduction Credits—ZeroEmission Equipment Credits Averaging, Banking, and Trading Provisions.5/5/2010 [Insert Federal Register 

citation], 6/16/2016.

Applicability; general provisions; averaging, banking, and trading provisions; credit calculation and compliance provisions; use of zero-emission equipment credit; recordkeeping 

and reporting. 

2409(a), (b)(1), (b)(2), (b)(5), (b)(6), 

(d)(3).

Emission Reduction Credits—Production Credit Program for New Engines.5/5/2010 [Insert Federal Register 

citation], 6/16/2016.

Applicability; general provisions; certain 

banking provisions. 

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) 

2411(a)(1), (a)(13), (a)(17), (a)(18), 

(a)(19).

Definitions ............................................. 8/15/2007 [Insert Federal Register 

citation], 6/16/2016.

Definitions for ‘‘all-terrain vehicle,’’ offhighway recreational vehicle engines,’’ ‘‘off-road sport vehicle,’’ ‘‘offroad utility vehicle,’’ ‘‘sand car.’’ 

2412 ...................................................... Emission Standards and Test Procedures—New Off-Highway Recreational Vehicles and Engines.8/15/2007 [Insert Federal Register 

citation], 6/16/2016.

Exhaust and evaporative emissions 

standards for off-highway recreational vehicles and engines used 

in such vehicles produced on or after 

January 1, 1997 that are sold, 

leased, used, or introduced into commerce in California; test procedures. 

2413 ...................................................... Emission Control Labels—New OffHighway Recreational Vehicles.8/15/2007 [Insert Federal Register 

citation], 6/16/2016.

Provisions related to applicability, and 

label content and location. 

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) 

2420 ...................................................... Applicability ........................................... 1/6/2006 [Insert Federal Register 

citation], 6/16/2016.

Applies to new heavy-duty off-road CI 

engines produced on or after January 1, 1996 and all other new 2000 

model year and later off-road CI engines, except those covered by the 

preemption provisions in CAA section 209(e)(1). Certification required 

for new engines subject to 13 CCR 

chapter 9, article 4. 

2421 ...................................................... Definitions ............................................. 1/6/2006 [Insert Federal Register 

citation], 6/16/2016.

Defined terms in addition to hose in 13 

CCR § 1900(b). 

2423 ...................................................... Exhaust Emission Standards and Test 

Procedures—Off-Road CompressionIgnition Engines.

1/6/2006 [Insert Federal Register 

citation], 6/16/2016.

Exhaust emissions standards (tiers 1, 

2, 3 and 4), upper limits for family 

emission limits (tiers 1, 2, 3 and 4), 

low-emitting blue sky series engine 

requirements, crankcase emissions 

provisions, early certification provisions, prohibition on defeat devices, 

test procedures, recordkeeping and 

compliance calculations, economic 

hardship provisions, allowance for 

production of engines, labeling requirements, 


srobinson on DSK5SPTVN1PROD with RULES2
39440 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

2424 ...................................................... Emission Control Labels—1996 and 

Later Off-Road Compression-Ignition 

Engines.

1/6/2006 [Insert Federal Register 

citation], 6/16/2016.

Requirements on manufacturers to affix 

a label on each production engine 

(or equipment) to provide the engine 

or equipment owner and service mechanic with information necessary for 

the proper maintenance of these 

parts in customer use. 

2424(a) .................................................. Emission Control Labels—1996 and 

Later Off-Road Compression-Ignition 

Engines.

11/15/2006 [Insert Federal Register 

citation], 6/16/2016.

The requirements of section 2424 recognize that certain emissions-critical 

or emissions-related parts must be 

properly identified and maintained in 

order for engines to meet the applicable emissions standards. 

2425 ...................................................... Defects Warranty Requirements for 

1996 and Later Off-Road Compression-Ignition Engines.

1/6/2006 [Insert Federal Register 

citation], 6/16/2016.

Applies to new 1996–1999 model year 

heavy-duty off-road CI engines and 

new 2000 and later model year CI 

engines. 

2425(e) .................................................. Defects Warranty Requirements for 

1996 and Later Off-Road Compression-Ignition Engines.

11/15/2006 [Insert Federal Register 

citation], 6/16/2016.

Requirement on manufacturers to furnish with each new engine written instructions for the maintenance and 

use of the engine by the owner. 

2425.1 ................................................... Defect Investigation and Reporting Requirements.1/6/2006 [Insert Federal Register 

citation], 6/16/2016.

Applicability, general provisions, and 

investigation and reporting procedures. 

2426 ...................................................... Emission Control System Warranty 

Statement.

1/6/2006 [Insert Federal Register 

citation], 6/16/2016.

Requires manufacturers to furnish a 

specific warranty statements with 

each 1996–1999 heavy-duty off-road 

CI engine. 

2427 ...................................................... Production Engine Testing, Selection, 

Evaluation, and Enforcement Action.

1/6/2006 [Insert Federal Register 

citation], 6/16/2016.

Compliance test procedures, qualityaudit test procedures, selective enforcement audit requirements. 

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) 

2430 ...................................................... Applicability ........................................... 5/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Applies to LSI off-road engines 25 

horsepower or greater after 1/1/2001 

and all equipment and vehicles after 

1/1/2001 that use such engines. On 

1/1/2007, applicability remains the 

same but is defined in terms of kW 

(i.e., 19 kW and above). 

2431(a), (a)(19), (a)(28) ........................ Definitions ............................................. 5/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Definitions of ‘‘Family Emission Level 

or FEL’’ and ‘‘Off-Road Large SparkIgnition Engines’’ or ‘‘LSI Engines.’’ 

2433 ...................................................... Emission Standards and Test Procedures—Off-Road Large Spark Ignition Engines.5/12/2007 [Insert Federal Register 

citation], 6/16/2016.

New off-road LSI exhaust, crankcase, 

and evaporative emission standards 

and test procedures. 

2434(c) .................................................. Emission Control Labels—2001 and 

Later Off-Road Large Spark-Ignition 

Engines.

5/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Label content and location requirements. 

2438(e)(7) .............................................. In-Use Compliance Program ................ 5/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Credit calculation. 

Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.7 (SparkIgnition Marine Engines) 

2440(a)(3) .............................................. Applicability ........................................... 8/16/2009 [Insert Federal Register 

citation], 6/16/2016.

Exemption for spark-ignition sterndrive/

inboard marine engines used solely 

for competition. 

2442(a)(1), (a)(2), (b), (c), (d), (e), (f), 

(g), (h).

Emissions Standards ............................ 8/16/2009 [Insert Federal Register 

citation], 6/16/2016.

Model year 2001 and later model year 

spark-ignition personal watercraft 

and outboard marine engines; model 

year 2003 and later model year 

spark-ignition sterndrive/inboard marine engines; Not-to-Exceed (NTE) 

limits; voluntary standards; new replacement engine requirements for 

manufacturers; test equipment and 

test procedures. 

2443.1(b)(1), (c)(2)(B), (c)(4)(B), 

(c)(4)(D), (c)(4)(G), (c)(4)(H), 

(d)(4)(B).

Emission Control Labels—Model Year 

2001 and Later Spark-Ignition Marine 

Engines.

8/16/2009 [Insert Federal Register 

citation], 6/16/2016.

Requirements related to emission control labels. 

2443.2(b)(1), (c)(1), (c)(2), (e) .............. Consumer/Environmental Label Requirements.8/16/2009 [Insert Federal Register 

citation], 6/16/2016.

Label requirements for certified model 

year 2001 and later spark-ignition 

personal watercraft and outboard 

marine engines and certified model 

year 2003 and later spark-ignition 

sterndrive/inboard engines. 


srobinson on DSK5SPTVN1PROD with RULES2
Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39441 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

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.).

In-Use Compliance Testing and Recall 

Regulations—Model Year 2001 and 

Later Spark-Ignition Marine Engines.

8/16/2009 [Insert Federal Register 

citation], 6/16/2016.

Recordkeeping and reporting requirements. 

2444.2 ................................................... On-Board Engine Malfunction Detection System Requirements—Model 

Year 2007 and Later Spark-Ignition 

Sterndrive/Inboard Marine Engines.

8/16/2009 [Insert Federal Register 

citation], 6/16/2016.

General requirements; monitoring requirements; additional audio/visual 

alert device activation and diagnostic 

trouble code storage protocol; tampering protection; certification documentation; testing, standardization, 

and implementation schedule. 

2445.1(a), (c)(1), (c)(2), (c)(3), (e)(10), 

(e)(11), (g)(2)(A).

Defects Warranty Requirements for 

Model Year 2001 and Later SparkIgnition Marine Engines.

8/16/2009 [Insert Federal Register 

citation], 6/16/2016.

Warranty requirements. 

2445.2(a) ............................................... Emission Control Warranty Statements 8/16/2009 [Insert Federal Register 

citation], 6/16/2016.

Emission control warranty statement 

requirements. 

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).

2001 and Later Model Year Production-Line Test Procedures and Selective Enforcement Auditing Regulations for Spark-Ignition Marine Engines.

8/16/2009 [Insert Federal Register 

citation], 6/16/2016.

Applicability provision; certain qualityaudit line test procedures for 2001 

and later model years; test procedures; selective enforcement auditing 

regulations. 

2447 ...................................................... California Exhaust Emission Standards 

and Test Procedures for 2001 Model 

Year and Later Spark-Ignition Marine 

Engines.

8/16/2009 [Insert Federal Register 

citation], 6/16/2016.

Certain test procedures are incorporated by reference. 

Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution Control Devices), Article 4.8 (In-Use OffRoad Diesel-Fueled Fleets) 

2449, excluding (d)(2) ........................... General Requirements for In-Use OffRoad Diesel-Fueled Fleets.12/14/2011 [Insert Federal Register 

citation], 6/16/2016.

Applicability, definitions, performance 

requirements (different requirements 

apply to large, medium and small 

fleets), compliance date extension 

provision, labeling requirements, reporting and recordkeeping requirements. Excluded subsection relates 

to idling limits. 

2449.1 ................................................... Performance Requirements .................. 12/14/2011 [Insert Federal Register 

citation], 6/16/2016.

Establishes fleet average requirements 

and compliance dates, BACT provisions, credit provisions. 

2449.2, excluding (f)(4) ......................... Surplus Off-Road Opt-In for NOX

(SOON) Program.

12/14/2011 [Insert Federal Register 

citation], 6/16/2016.

Purpose is to achieve additional reductions of NOX from in-use off-road 

diesel-fueled vehicles beyond those 

achieved through implementation of 

the requirements in 13 CCR §§ 2449 

and 2449.1. Applicability, definitions, 

requirements, SOON targets, local 

air district opt-in provisions. 

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) 

2451 ...................................................... Applicability ........................................... 09/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Voluntary registration program for owners or portable engines or equipment 

units, with certain exceptions. If not 

registered under this program, the 

engine or equipment units shall be 

subject to district permitting requirements pursuant to district regulations. 

2452 ...................................................... Definitions ............................................. 09/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Definitions that apply to the portable 

engine and equipment registration 

regulations. 

2453 ...................................................... Application Process .............................. 09/12/2007 [Insert Federal Register 

citation], 6/16/2016.

To be considered for registration, portable engines or equipment units 

must meet the requirements in article 

5, including the application-related 

requirements in this section. 

2455, excluding (a) and (b) ................... General Requirements .......................... 09/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Provisions related to operation of portable engines and equipment units 

during emergency events; PSD notification requirements if the registered 

equipment unit operates at a major 

stationary source. Excluded subsections relate to attainment or maintenance of ambient air quality standards, nuisance, and opacity. 


srobinson on DSK5SPTVN1PROD with RULES2
39442 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

2456, excluding (a), (d)(3), (d)(5), and 

(d)(6).

Engine Requirements ........................... 09/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Various requirements specified for different categories of engines. Excluded subsections relate to opacity 

limits, fuel specifications, and daily 

and annual mass (per engine) limits. 

2458 ...................................................... Recordkeeping and Reporting .............. 09/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Recordkeeping and reporting requirements for owners of registered portable engines and equipment units. 

2459 ...................................................... Notification ............................................ 09/12/2007 [Insert Federal Register 

citation], 6/16/2016.

In most instances, if a registered 

equipment unit will be at a location 

for more than five days, the owner or 

operator of that equipment must notify the district in writing. 

2460 ...................................................... Inspections and Testing ........................ 09/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Authorization for CARB to conduct testing both before and after registration 

in the program. Districts must inspect 

all register engines and equipment 

units for which the district has been 

designated as the home district. Test 

methods are specified. 

2461 ...................................................... Fees ...................................................... 09/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Provisions establishing fees for registration, renewal, and associated 

administrative tasks. 

2462 ...................................................... Duration of Registration ........................ 09/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Registrations and renewal are generally valid for three years from the 

date of issuance. 

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) 

2474(e), (i)(1) ........................................ Add-On Parts and Modified Parts ......... 08/16/2009 [Insert Federal Register 

citation], 6/16/2016.

Incorporation of procedures for exemptions of add-on and modified parts 

for off-road categories. 

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) 

2477 ...................................................... Airborne Toxic Control Measure for InUse Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets, and Facilities Where TRUs 

Operate.

3/7/2011 [Insert Federal Register 

citation], 6/16/2016.

Regulation applies, with certain exceptions, to owners and operators of 

diesel fueled TRUs and TRU generator sets used to power electrically 

drive refrigerated shipping containers 

and trailers that are operated in California; definitions; in-use performance standards; in-use compliance 

dates; monitoring, recordkeeping and 

reporting requirements; prohibitions; 

penalties. 

2479, excluding (e)(2) and (e)(4) .......... Regulation for Mobile Cargo Handling 

Equipment at Ports and Intermodal 

Rail Yards.

12/31/2006 [Insert Federal Register 

citation], 6/16/2016.

Applies to any person who conducts 

business in California who sells, offers for sale, leases, rents, purchases, owns or operates any CI 

mobile cargo handling equipment 

that operates at any California port 

or intermodal rail yard. Includes exemptions, definitions, performance 

standards for newly purchased 

leased or rented yard trucks and 

non-yard truck cargo handling equipment, provisions for compliance extensions and alternative compliance 

plans, recordkeeping and reporting 

requirements, test methods. Excluded subsections relate to in-use 

performance standards for yard 

trucks, and fuel requirements. 

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).

Regulation for Mobile Cargo Handling 

Equipment at Ports and Intermodal 

Rail Yards.

10/14/2012 [Insert Federal Register 

citation], 6/16/2016.

Amendments to exemptions, definitions, performance standards for 

newly purchased leased or rented 

equipment and in-use performance 

standards for non-yard truck mobile 

CHE, provisions for compliance extensions and alternative compliance 

plans, recordkeeping and reporting 

requirements, test methods. 


srobinson on DSK5SPTVN1PROD with RULES2
Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39443 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 10 (Mobile Source Operational Controls), Article 1 (Motor Vehicles) 

2485, excluding (c)(1)(A), (c)(1)(B), 

(c)(3)(B).

Airborne Toxic Control Measure to 

Limit Diesel-Fueled Commercial 

Motor Vehicle Idling.

11/15/2006 [Insert Federal Register 

citation], 6/16/2016.

Establishes requirements to reduce 

emissions from idling of diesel-fueled 

commercial motor vehicles that operate in California with gross vehicle 

weight ratings greater than 10,000 

pounds; exceptions; enforcement 

and penalty provisions; definitions. 

Excluded subsections relate to idling 

restrictions on drivers and a fuel-fired 

heater provision. 

* * * * * * * 

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) 

2775 ...................................................... Applicability ........................................... 5/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Applies to operators of certain off-road 

LSI engine forklifts, sweepers/scrubbers, industrial tow tractors or airport 

ground support equipment operated 

within the State of California. Exemptions provided for small fleets and 

certain other equipment. Includes 

definitions. 

2775.1 ................................................... Standards .............................................. 5/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Establishes fleet average emission 

level standards with certain exceptions. 

2775.2 ................................................... Compliance Requirements for Fleet 

Operators.

5/12/2007 [Insert Federal Register 

citation], 6/16/2016.

Compliance and recordkeeping requirements, provisions for extensions in 

compliance dates. 

* * * * * * * 

93116 .................................................... Purpose ................................................. 3/11/2005 [Insert Federal Register 

citation], 6/16/2016.

Purpose is to reduce diesel particulate 

matter emissions from portable diesel-fueled engines having a rated 

brake horsepower of 50 and greater. 

93116.1 ................................................. Applicability ........................................... 3/11/2005 [Insert Federal Register 

citation], 6/16/2016.

Applies to all portable engines having a 

maximum rated horse horsepower of 

50 bhp and greater and fueled with 

diesel unless exempted under (b). 

93116.2 ................................................. Definitions ............................................. 3/11/2005 [Insert Federal Register 

citation], 6/16/2016.

Defines specific terms used in the regulation. 

93116.3, excluding (a) .......................... Requirements ........................................ 3/11/2005 [Insert Federal Register 

citation], 6/16/2016.

Diesel PM standards for in-use portable diesel-fueled engines; different 

requirements apply to such engines 

not permitted or registered prior to 

January 1, 2006; fleet requirements 

(for subject engines operated in California), fleet average calculation provisions. Excluded subsection relates 

to fuel requirements. 

93116.4 ................................................. Fleet Recordkeeping and Reporting 

Requirements.

3/11/2005 [Insert Federal Register 

citation], 6/16/2016.

Fleet recordkeeping and reporting requirements. 

93116.5 ................................................. Enforcement of Fleet Requirements ..... 3/11/2005 [Insert Federal Register 

citation], 6/16/2016.

Authority to review and seek enforcement action for violation of the fleet 

emission standard. 

93118.3 ................................................. Airborne Toxic Control Measure for 

Auxiliary Diesel Engines Operated 

on Ocean-Going Vessels At-Berth in 

a California Port.

1/2/2009 [Insert Federal Register 

citation], 6/16/2016.

Applicability, exemptions, definitions, 

vessel in-use operational requirements, calculation procedures for 

certain options, terminal plan requirements, reporting and recordkeeping 

requirements. 

93118.5, excluding (e)(1) ...................... Airborne Toxic Control Measure for 

Commercial Harbor Craft.

11/19/2008 [Insert Federal Register 

citation], 6/16/2016.

Applicability, exemptions, definitions, 

engine emission requirements, alternative control provisions, recordkeeping and reporting requirements, 

test methods. Excluded subsection 

relates to the low sulfur fuel use requirement. 

* * * * * * * 

1Table 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). 


srobinson on DSK5SPTVN1PROD with RULES2
39444 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 

TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS

Title/subject State effective 

date EPA approval date Additional explanation 

*******

California Exhaust Emission Standards and Test Procedures 

for 2001 and Subsequent Model Passenger Cars, LightDuty Trucks and Medium-Duty Vehicles, as last amended 

September 5, 2003.

12/4/2003 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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.

12/4/2003 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015.\ 

California Smog Index Label Specifications for 2004 and Subsequent Model Passenger Cars and Light-Duty Trucks,’’ 

adopted September 5, 2003.

12/4/2003 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Refueling Emission Standards and Test Procedures 

for 2001 and Subsequent Model Motor Vehicles, as last 

amended September 5, 2003.

12/4/2003 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as 

amended June 22, 2006.

2/17/2007 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Refueling Emission Standards and Test Procedures 

for 2001 and Subsequent Model Motor Vehicles, as last 

amended June 22, 2006.

2/17/2007 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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.

2/17/2007 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Exhaust Emission Standards and Test Procedures 

for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended March 22, 2012.

8/7/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Exhaust Emission Standards and Test Procedures 

for 2004 and Subsequent Model Heavy-Duty Otto-Cycle 

Engines, as last amended March 22, 2012.

8/7/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Non-Methane Organic Gas Test Procedures, as 

last amended March 22, 2012.

8/7/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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, LightDuty Trucks, and Medium-Duty Vehicles, as last amended 

March 22, 2012, excluding GHG-related provisions.

8/7/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Environmental Performance Label Specifications for 

2009 and Subsequent Model Year Passenger Cars, LightDuty Trucks, and Medium-Duty Passenger Vehicles, as last 

amended March 22, 2012.

8/7/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as 

last amended March 22, 2012.

8/7/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Refueling Emission Standards and Test Procedures 

for 2001 and Subsequent Model Motor Vehicles, as last 

amended March 22, 2012.

8/7/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

Specifications for Fill Pipes and Openings of 1977 through 

2014 Model Motor Vehicle Fuel Tanks, as last amended 

March 22, 2012.

8/7/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

Specifications for Fill Pipes and Openings of 2015 and Subsequent Model Motor Vehicle Fuel Tanks, adopted March 

22, 2012.

8/7/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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, LightDuty Trucks, and Medium-Duty Vehicles, adopted March 

22, 2012, excluding GHG-related provisions.

8/7/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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.

8/7/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 


srobinson on DSK5SPTVN1PROD with RULES2
Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39445 

TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS—Continued 

Title/subject State effective 

date EPA approval date Additional explanation 

California Exhaust Emission Standards and Test Procedures 

for 2018 and Subsequent Model Zero-Emission Vehicles 

and Hybrid Electric Vehicles, in the Passenger Car, LightDuty Truck, and Medium-Duty Vehicle Classes, adopted 

March 22, 2012, excluding GHG-related provisions.

8/7/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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, LightDuty Trucks, and Medium-Duty Vehicles, as last amended 

December 6, 2012, excluding GHG-related provisions.

12/31/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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, LightDuty Trucks, and Medium-Duty Vehicles, as last amended 

December 6, 2012, excluding GHG-related provisions.

12/31/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Non-Methane Organic Gas Test Procedures, as 

last amended December 6, 2012.

12/31/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as 

last amended December 6, 2012.

12/31/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Exhaust Emission Standards and Test Procedures 

for 2004 and Subsequent Model Heavy-Duty Otto-Cycle 

Engines, as last amended December 6, 2012.

12/31/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Exhaust Emission Standards and Test Procedures 

for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended December 6, 2012.

12/31/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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.

12/31/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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.

12/31/2012 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Exhaust Emission Standards and Test Procedures 

for 2004 and Subsequent Model Heavy-Duty Otto-cycle Engines, as last amended December 12, 2002.

12/4/2003 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Exhaust Emission Standards and Test Procedures 

for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended October 25, 2001.

11/17/2002 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Motor Vehicle Emission Control and Smog Index 

Label Specifications, as last amended October 22, 1999.

11/22/1999 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Exhaust Emission Standards and Test Procedures 

for 2004 and Subsequent Model Heavy-Duty Diesel Engines, as last amended September 1, 2006.

11/15/2006 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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.

5/12/2007 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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.

5/12/2007 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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.

5/12/2007 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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.

5/12/2007 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Exhaust Emission Standards and Test Procedures 

for 2005 and Later Small Off-Road Engines, as last amended February 24, 2010.

5/5/2010 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 


srobinson on DSK5SPTVN1PROD with RULES2
39446 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 

TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS—Continued 

Title/subject State effective 

date EPA approval date Additional explanation 

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.

1/6/2006 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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.

1/6/2006 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

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.

1/6/2006 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Exhaust Emission Standards and Test Procedures 

for 2001 Model Year and Later Spark-Ignition Marine Engines, as last amended June 5, 2009.

8/16/2009 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

Procedures for Exemption of Add-On and Modified Parts for 

Off-Road Categories, as last amended June 5, 2009.

8/16/2009 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

California Exhaust Emissions Standards and Test Procedures 

for 1997 and Later Off-Highway Recreational Vehicles, and 

Engines, as last amended August 15, 2007.

8/15/2007 [Insert Federal Register citation], 6/16/2016.Submitted by CARB on August 14, 2015. 

* * * * * 

[FR Doc. 2016–13941 Filed 6–15–16; 8:45 am] 

BILLING CODE 6560–50–P 


srobinson on DSK5SPTVN1PROD with RULES2