Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Proposed Rules 12637 

1The Clean Air Act refers to these engines as 

‘‘nonroad’’ engines and the State of California uses 

the term ‘‘off-road’’ engines. The terms ‘‘nonroad’’ 

and ‘‘off-road’’ are used interchangeably in this 

rule. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0642; FRL–9943–42– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; and Albuquerque/Bernalillo 

County; Revisions To Establish Small 

Business Stationary Source Technical 

and Environmental Compliance 

Assistance Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the New Mexico State 

Implementation Plan (SIP) for both the 

State and Albuquerque/Bernalillo 

County. These proposed revisions 

establish Small Business Stationary 

Assistance Source Technical and 

Environmental Compliance Assistance 

Programs. The EPA is proposing to 

approve these revisions pursuant to 

sections 110 and 507(a) of the Clean Air 

Act (CAA). 

DATES: Written comments should be 

received on or before April 11, 2016. 

ADDRESSES: Comments may be 

submitted by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Walser, (214) 665–7128, 

walser.john@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Rules and Regulations section of this 

Federal Register, the EPA is approving 

the State’s SIP submittal as a direct rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated. If 

the EPA receives relevant adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. The EPA will not 

institute a second comment period. Any 

parties interested in commenting on this 

action should do so at this time. 

For additional information, see the 

direct final rule which is located in the 

Rules and Regulations section of this 

Federal Register. 

Dated: February 24, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2016–05161 Filed 3–9–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0819; FRL–9943–47– 

Region 9] 

Revisions to the California State 

Implementation Plan; South Coast Air 

Quality Management District; Control 

of Oxides of Nitrogen Emissions From 

Off-Road Diesel Vehicles 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

South Coast Air Quality Management 

District’s (SCAQMD or District) Rule 

2449, Control of Oxides of Nitrogen 

Emissions from Off-Road Diesel 

Vehicles, which adopts by reference 

title 13, chapter 9, section 2449.2 of the 

California Code of Regulations (CCR), 

‘‘Surplus Off-Road Opt-In for NOX

(SOON) Program,’’ as part of the 

SCAQMD portion of the California State 

Implementation Plan (SIP). SCAQMD 

Rule 2449 requires certain in-use offroad vehicle fleets to meet more 

stringent requirements in the South 

Coast area when funding is provided by 

the District in order to achieve 

additional reductions of oxides of 

Nitrogen (NOX). We are taking 

comments on this proposal and plan to 

follow with a final action. 

DATES: Any comments must arrive by 

April 11, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2015–0819 at http://

www.regulations.gov, or via email to 

lo.doris@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

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. Background 

II. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of the rule? 

C. What is the purpose of the submitted 

rule? 

D. What do the Off-Road Regulation and 

Rule 2449 require? 

III. The EPA’s Evaluation of the State’s 

Submittal 

A. How is the EPA evaluating the rule? 

B. Does Rule 2449 meet CAA SIP 

evaluation criteria? 

1. Did the SCAQMD and CARB provide 

adequate public notice and comment 

periods? 

2. Do the SCAQMD and CARB have 

adequate legal authority to implement 

the rule? 

3. Is the rule enforceable as required under 

CAA section 110(a)(2)? 

4. Does the rule interfere with reasonable 

further progress and attainment or any 

other applicable requirement of the Act? 

5. Will the State and the SCAQMD have 

adequate personnel and funding for the 

rule? 

6. Does the rule meet the RACM and 

BACM requirements under CAA sections 

172(c)(1) and 189? 

7. The EPA’s Rule Evaluation Conclusion 

IV. Proposed Action and Public Comment 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

The California Air Resources Board’s 

(CARB) Off-Road Diesel-Fueled Fleets 

Regulation (13 CCR sections 2449, 

2449.1 and 2449.2) applies to fleets with 

nonroad 1 compression-ignition vehicles 

and equipment greater than 25 

horsepower (hp). Sections 2449 and 

2449.1 (collectively the ‘‘Off-Road 

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