The EPA Acting Regional Administrator, Alexis Strauss, signed the following final rule on June 1, 2016 and EPA is 

submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accuracy 

of this Internet version of the final rule, it is not the official version of the final rule. Please refer to the official 

version in a forthcoming FR publication appearing on the Government Printing Office’s FDsys website, 

http://fdsys.gpo.gov/fdsys/search/home.action and on Regulations.gov in Docket Number EPA-R09-OAR-2015-

0622, http://www.regulations.gov.

6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0622; FRL-]

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 [INSERT DATE 30 DAYS AFTER DATE 

OF PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: The EPA has established a docket for this action 

under Docket ID Number EPA-R09-OAR-2015-0622. All documents in 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

2

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
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

3

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 onroad 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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

4

authorizations under section 209 but that had not been submitted 

or approved as part of the SIP. We noted that the EPA’s 

rationale for this long-standing practice was rejected by the 

Ninth Circuit in Committee for a Better Arvin v. EPA, 786 F.3d 

1169 (9th Cir. 2015)(“Committee for a Better Arvin”), and that 

the decision in Committee for a Better Arvin led to the 

submittal by CARB of the mobile source regulations as a SIP 

revision on August 14, 2015.

In our proposed rule, we describe CARB’s August 14, 2015 

SIP revision as consisting of the regulations themselves and 

documentation of the public process conducted by CARB in 

approving the regulations as part of the California SIP. 

Specifically, the proposed rule includes table 1, which presents 

the contents of the SIP revision by mobile source category and 

provides, for each category, a listing of the relevant sections 

of the California Code of Regulations (CCR) that establish 

standards and other requirements for control of emissions from 

new on-road and new or in-use off-road vehicles or engines; the 

corresponding date of CARB’s hearing or Executive Officer (EO) 

action through which the regulations or amendments were adopted; 

and the notice of decision in which the EPA granted a waiver or 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

5

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, LightDuty Trucks, 

and MediumDuty 

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)

On-Road 

Passenger 

Cars, LightDuty Trucks, 

and MediumDuty 

Vehicles (LEV 

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 

01/26/12, 

11/15/12

78 FR 2112 

(1/9/13)
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

6

III) and Zero 

Emission 

Vehicles 

(ZEV)

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.

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 - OnBoard 

Diagnostic 

System (HD 

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)
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

7

OBD)

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 SparkIgnition 

(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 OffRoad 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 13 CCR § 2479 (excluding 12/8/05, 77 FR 9916 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

8

Handling 

Equipment 

(CHE)

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.

9/22/11 (2/21/12); 

80 FR 

26249 

(5/7/15)

Small OffRoad 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)

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)

SparkIgnition 

Marine 

13 CCR §§ 2111, 2112, 

Appendix A therein, 2139, 

2147, 2440, 2442, 2443.1, 

7/24/08, 

6/5/09 

(EO)

80 FR 

26032 

(5/16/15)
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

9

Engines and 

Boats (Marine 

SI)

2443.2, 2444.1, 2444.2, 

2445.1, 2445.2, 2446, 2447

and 2474, and the documents 

incorporated by reference 

(see table 2 below),

effective for state law 

purposes on 08/16/09.

Off-Highway 

Recreational 

Vehicles 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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

10

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 

Medium-Duty Vehicles, as last amended June 22, 2006. 

On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty

Vehicles (LEV III) and Zero Emission Vehicles (ZEV):

California Exhaust Emission Standards and Test Procedures for 

2004 and Subsequent Model Heavy-Duty Diesel Engines and 

Vehicles, as last amended March 22, 2012.

 

1 There is one exception to the EPA’s approval of the regulations and test 

procedures listed in tables 1 and 2. The exception is 13 CCR section 

2449.2(f)(4), a provision for which the EPA is deferring final action at this 

time.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

11

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 MediumDuty Vehicles, as last amended March 22, 2012, excluding GHGrelated provisions.

California Environmental Performance Label Specifications for 

2009 and Subsequent Model Year Passenger Cars, Light-Duty 

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

March 22, 2012.

California Evaporative Emission Standards and Test Procedures 

for 2001 and Subsequent Model Motor Vehicles, as last amended 

March 22, 2012.

California Refueling Emission Standards and Test Procedures for 

2001 and Subsequent Model Motor Vehicles, as last amended March 

22, 2012.

Specifications for Fill Pipes and Openings of 1977 through 2014 

Model Motor Vehicle Fuel Tanks, as last amended March 22, 2012.

Specifications for Fill Pipes and Openings of 2015 and 

Subsequent Model Motor Vehicle Fuel Tanks, adopted March 22, 

2012.

California 2015 and Subsequent Model Criteria Pollutant Exhaust 

Emission Standards and Test Procedures and 2017 and Subsequent 

Model Greenhouse Gas Exhaust Emission Standards and Test 

Procedures for Passenger Cars, Light-Duty Trucks, and MediumDuty 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.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

12

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 MediumDuty Vehicles, as last amended December 6, 2012, excluding GHGrelated 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 MediumDuty Vehicles, as last amended December 6, 2012, excluding GHGrelated 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 MediumDuty Vehicle Classes, adopted December 6, 2012, excluding GHGrelated 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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

13

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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

14

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 OffRoad Categories, as last amended June 5, 2009.

Off-Highway Recreational Vehicles and Engines (OHRV):

California Exhaust Emissions Standards and Test Procedures for 

1997 and Later Off-Highway Recreational Vehicles, and Engines, 

as last amended August 15, 2007.

We noted in our proposed rule that CARB has expressly 

excluded from the August 14, 2015 SIP submittal certain sections 

or subsections of California code that have been authorized or 

waived by the EPA under CAA section 209. The excluded provisions 

pertain to:

 Greenhouse Gas (GHG) exhaust emission standards 2009 

through 2016 Model Passenger Cars, Light-Duty Trucks, and 

Medium-Duty Vehicles, and 2017 and subsequent Model 

Passenger Cars, Light-Duty Trucks, and Medium-Duty 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

15

Vehicles; and

 GHG related provisions incorporated in the test procedures.

Also, CARB has expressly excluded certain sections or 

subsections of California code that are not subject to 

preemption under CAA section 209 and thus not included in the 

related waiver or authorization by the EPA. These provisions 

pertain to:

 Fuel use requirements;

 Idling restrictions on drivers; 

 Opacity standards; 

 Daily mass emission limits (from the PERP regulations); and

 Certain labeling and consumer notification requirements.

On pages 69923-69925 of our proposed rule, we described how 

we evaluated the regulations and how we determined that the 

regulations meet all applicable CAA requirements in order to be 

included in the California SIP. In short, we determined that:

 CARB provided adequate public notice of a comment period 

and a hearing on the draft SIP revision prior to adoption 

and submittal to the EPA, and thereby complied with the 

applicable procedural requirements for SIP revisions under 

the CAA section 110(l) and 40 CFR 51.102;
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

16

 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 

 

2 After proposing action on CARB’s mobile source regulations, we discovered a 

specific provision in the “Surplus Off-Road Opt-In for NOx (SOON) Program” 

portion of CARB’s Regulation for In-Use Off-Road Diesel-Fueled Fleets that 

cannot be reconciled with the principle that SIP rules relied upon for 

emissions reductions must be federally enforceable. The specific provision is 

13 CCR section 2449.2(f)(4)(“ARB Authority”), which states, in pertinent 

part: “ARB has sole authority to enforce the requirements of section 2449.2.” 

We find 13 CCR section 2449.2(f)(4) to be severable from the rest of the 

regulation and have not included it in today’s approval action.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

17

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.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

18

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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

19

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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

20

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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

21

the EPA under CAA section 209 and that are relied upon to 

provide emissions reductions in the most recently-approved or 

pending SIPs for the various nonattainment areas in California, 

such as the two regional plans that were the subject of the 

remand in Committee for a Better Arvin. The issue of whether the 

emissions reductions anticipated by CARB when adopting the 

regulations reasonably approximate those that have actually 

occurred is not relevant for the EPA’s action on CARB’s mobile 

source regulations SIP revision. The fact that California is 

relying on the emissions reductions from the mobile source 

regulations to meet any CAA requirements makes the regulations 

”necessary or appropriate” for inclusion in the SIP, regardless 

of whether the reductions are the same as those originally 

estimated by CARB at the time of submittal of the waiver or 

authorization request.

In response to CARB’s SIP revision submittal, however, the 

EPA did not simply propose to approve the mobile source 

regulations without review and evaluation for compliance with 

relevant CAA requirements for such regulations. For example, the 

EPA reviewed the regulations to determine whether SIP procedural 

requirements under CAA section 110(a)(2) and related EPA 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

22

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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

23

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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

24

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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

25

“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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

26

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 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. 

 

3 The D.C. Circuit recently concluded that a decision under section 209 is not 

“nationally applicable” under section 307(b) if it applies only to vehicles 

owned or operated in California, even if those vehicles are based outside 

California. Dalton Trucking Inc. v. EPA, No. 13-1283, slip op. at 10 (D.C. 

Cir. Dec. 18, 2015). However, a decision that is not applicable outside 

California can still have effect outside California.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

27

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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

28

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

 

4 OOIDA cites the court’s reasoning in Union Pac. R.R. v. Cal. Pub. Utils. 

Comm’n, 346 F.3d 851, 871 (9th Cir. 2003) in support of its arguments 

challenging California’s mobile source regulations on the grounds of extraterritorial 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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

29

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 

 

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.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

30

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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

31

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.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

32

Lastly, Congress allows for cost considerations in

reviewing requests for waivers of preemption under section 209 

of the Act. The third prong of EPA’s consideration (section 

209(b)(1)(C) for on-road waivers and section 209(e)(2)(A)(iii)

for off-road authorizations) includes an assessment of whether 

CARB’s regulations are technologically infeasible. Such 

assessment includes a review of whether those opposing the 

waiver have demonstrated that there is inadequate lead time to 

permit the development of technology necessary to meet the 

regulations at issue, giving appropriate consideration to the 

cost of compliance within that time frame.5 Each of the 

regulations approved in today’s actions were the subject of a 

waiver or authorization by the EPA under section 209, and thus, 

cost compliance issues have already been considered by the 

 

5 See 79 FR 46256, 46262-46264. In MEMA I, the court addressed the cost of 

compliance issue in reviewing a waiver decision. According to the court:

Section 202’s cost of compliance concern, juxtaposed as it is with the 

requirement that the Administrator provide the requisite lead time to allow 

technological developments, refers to the economic costs of motor vehicle

emission standards and accompanying enforcement procedures. See S. Rep. No. 

192, 89th Cong., 1st Sass. 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).
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

33

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 AntiIdling 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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

34

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. 

 

6 CARB’s Updated Informative Digest, “Requirements to Reduce Idling Emissions 

from New and In-Use Trucks, Beginning in 2008,” posted September 6, 2006.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

35

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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

36

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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

37

to waivers or authorizations under section 209 in a recent brief 

filed in the D.C. Circuit Court of Appeals in Owner-Operator 

Independent Drivers Association, Inc. v. EPA, D.C. Cir., Case 

No. 14-1192, which is in the docket for this rulemaking.

III. Final Action

Under section 110(k)(3) of the CAA, and for the reasons 

given above, we are taking final action to approve a SIP 

revision submitted by CARB on August 14, 2015 that includes 

certain sections of title 13 and title 17 of the California Code 

of Regulations that establish standards and other requirements 

relating to the control of emissions from new on-road and new 

and in-use off-road vehicles and engines. Tables 1 and 2 above 

list the regulations and related test procedures and other 

specifications we are approving in this action.7 We are approving

the SIP revision because the regulations (and related test 

procedures and other specifications) included therein fulfill

all relevant CAA requirements. This final action incorporates by 

reference the regulations into the federally enforceable SIP for 

the State of California.

IV. Incorporation by Reference

 

7 As discussed above in footnotes #1 and #2, we are deferring action on 13 CCR 

section 2449.2(f)(4).
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

38

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 

 

8 62 FR 27968 (May 22, 1997).
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

39

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 (Public Law 104-4);

• does not have federalism implications as specified in 

Executive Order 13132 (64 FR 43255, August 10, 1999);
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

40

• 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, 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

41

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 [INSERT 

DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].

Filing a petition for reconsideration by the Administrator of 

this final rule does not affect the finality of this action for 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

42

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 Alexis Strauss,

Acting Regional Administrator,

Region IX.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

43

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 in paragraph (c), table 1 is amended by:

a. By adding a new 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 the new 

heading, adding entries for “1900(b)(11) through (b)(17)”,

“1900(b)(9) and (b)(22)”, and “1900(b)(22)”;

b. 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))”;
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

44

c. 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”;

d. 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”;

e. By adding entries for “1961, including Introduction, (a)(1), 

(a)(3), (a)(4), (a)(5), (a)(7), (a)(8)(B), (a)(14)(A); 

(b)(1)(A), (b)(1)(B)(1.)(c.), (b)(1)(B)(3.), (b)(1)(C)(1.), 

(b)(1)(D), (b)(3)(A), (b)(3)(B), (b)(3)(C), (b)(3)(E); (c)(1), 

(c)(2)(A), (c)(3)(A), (d)”, “1961, including Introduction,

(a)(1), (b)(1)(A), (d)”, “1961.2”, “1961.2, including 

Introduction, (a)(1), (a)(2)(A), (a)(2)(D), (a)(7)(A), 

(a)(7)(A)(2.) (through equation 2), (A)(9), (b)(1)(A), 

(b)(1)(A)(2.), (b)(1)(D), (b)(4)(A), (c)(1)(B), (c)(3)(B), and

(d)”; “1962.1”, “1962.1 (b)(2)(D)(1) and (2), (c)(3)(A), and

(h)(1)”; “1962.2, excluding (g)(6)(C)”; “1962.2(c)(2)(B), 

(c)(3)(A), (c)(3)(A)(1.), (h)(1)”; “1962.3”; “1965”; “1965”; 

“1965”; “1971.1”; “1971.5”; “1976(c)”; “1976(b)(1), (c), (f)(3) 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

45

and (f)(4)”; “1976(b)(1), (b)(1)(G)(3), (c)”; “1978(a)(1), (b)”; 

“1978(b)”; and “1978” after the entry for “1961”;

f. By adding a new 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 the new 

heading, adding entries for “2037(g)” and “2038(c)(3)”;

g. By adding a new 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 the new heading, adding an entry for 

“2062”;

h. By adding a new 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 

the new heading, adding entries for “2111(a)(1)”, “2111(a)(4)”, 

“2112(l)(12)”, “2112(l)(20), (l)(23)”, and “2112(b), (l)(9), 

(l)(18)”;
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

46

i. By adding a new 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 the new heading, adding entries for “2139(h)”, “2139(a), 

(b), (c)(2)”, and “2140(b)”;

j. By adding a new 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 the new heading, adding entries for “2145(b)(3)”, 

“2147(b)”, and “2147(b)(3)”;

k. By adding a new 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 the new 

heading, adding an entry for “2235”;

l. By adding a new table entry titled “Title 13 (Motor 

Vehicles), Division 3 (Air Resources Board), Chapter 5.1 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

47

(Standards for Fuels for Nonvehicular Sources)” after the entry 

for “2297”; and under the new heading, adding an entry for 

“2299.3”;

m. By adding a new table entry titled “Title 13 (Motor 

Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road 

Vehicles and Engines Pollution Control Devices), Article 1 

(Small Off-Road Engines)” after the new entry “2299.3”; and 

under the new heading, 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)”; 

n. By adding a new table entry titled “Title 13 (Motor 

Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road 

Vehicles and Engines Pollution Control Devices), Article 3 (OffHighway Recreational Vehicles and Engines)” after the new entry 

“2409(a), (b)(1), (b)(2), (b)(5), (b)(6), (d)(3)”; and under the 

new heading, adding entries for “2411(a)(1), (a)(13), (a)(17), 

(a)(18), (a)(19)”; “2412”; and “2413”;
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

48

o. By adding a new table entry titled “Title 13 (Motor

Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road 

Vehicles and Engines Pollution Control Devices), Article 4 (OffRoad Compression-Ignition Engines and Equipment)” after the new 

entry “2413”; and under the new heading, adding entries for

“2420”, “2421”, “2423”, “2424”, “2424(a)”, “2425”, “2425(e)”, 

“2425.1”, “2426”, and “2427”;

p. By adding a new table entry titled “Title 13 (Motor 

Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road 

Vehicles and Engines Pollution Control Devices), Article 4.5 

(Off-Road Large Spark-Ignition Engines)” after the new entry 

“2427”; and under the new heading, adding entries for “2430”, 

“2431(a), (a)(19), (a)(28)”, “2433”, “2434(c)”, and 

“2438(e)(7)”;

q. By adding a new table entry titled “Title 13 (Motor 

Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road 

Vehicles and Engines Pollution Control Devices), Article 4.7 

(Spark-Ignition Marine Engines)” after the new entry 

“2438(e)(7)”; and under the new heading, 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), 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

49

(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”;

r. By adding a new table entry titled “Title 13 (Motor 

Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road 

Vehicles and Engines Pollution Control Devices), Article 4.8 

(In-Use Off-Road Diesel-Fueled Fleets)” after the new entry 

“2447”; and under the new heading, adding entries for “2449, 

excluding (d)(2)”, “2449.1”, and “2449.2, excluding (f)(4)”;

s. By adding a new table entry titled “Title 13 (Motor 

Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road 

Vehicles and Engines Pollution Control Devices), Article 5 

(Portable Engine and Equipment Registration)” after the new 

entry “2449.2, excluding (f)(4)”; and under the new heading, 

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”;
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

50

t. By adding a new table entry titled “Title 13 (Motor 

Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road 

Vehicles and Engines Pollution Control Devices), Article 7 

(Certification Procedures for Aftermarket Parts for Off-Road 

Vehicles, Engines, Equipment)” after the new entry “2462”; and 

under the new heading, adding an entry for “2474(e), (i)(1)”;

u. By adding a new table entry titled “Title 13 (Motor 

Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road 

Vehicles and Engines Pollution Control Devices), Article 8 (OffRoad Airborne Toxic Control Measures)” after the new entry 

“2474(e), (i)(1)”; and under the new heading, 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)”;

v. By adding a new 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 the 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

51

new heading, adding an entry for “2485, excluding (c)(1)(A), 

(c)(1)(B), (c)(3)(B)”;

w. By adding a new 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 the 

new heading, adding entries for “2775”, “2775.1”, and “2775.2”;

x. 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 

3. Section 52.220a in 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, 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

52

2003”, “California Refueling Emission Standards and Test 

Procedures for 2001 and Subsequent Model Motor Vehicles, as last 

amended September 5, 2003”, “California Evaporative Emission 

Standards and Test Procedures for 2001 and Subsequent Model 

Motor Vehicles, as amended June 22, 2006”, “California Refueling 

Emission Standards and Test Procedures for 2001 and Subsequent 

Model Motor Vehicles, as last amended June 22, 2006”,

“California Exhaust Emission Standards Test Procedures for 2001 

and Subsequent Model Passenger Cars, Light-Duty Trucks, and 

Medium-Duty Vehicles, as last amended June 22, 2006”,

“California Exhaust Emission Standards and Test Procedures for 

2004 and Subsequent Model Heavy-Duty Diesel Engines and 

Vehicles, as last amended March 22, 2012”, “California Exhaust 

Emission Standards and Test Procedures for 2004 and Subsequent 

Model Heavy-Duty Otto-Cycle Engines, as last amended March 22, 

2012”, “California Non-Methane Organic Gas Test Procedures, as 

last amended March 22, 2012”, “California 2001 through 2014 

Model Criteria Pollutant Exhaust Emission Standards and Test 

Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust 

Emission Standards and Test Procedures for Passenger Cars, 

Light-Duty Trucks, and Medium-Duty Vehicles, as last amended 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

53

March 22, 2012, excluding GHG-related provisions”, “California 

Environmental Performance Label Specifications for 2009 and 

Subsequent Model Year Passenger Cars, Light-Duty Trucks, and 

Medium-Duty Passenger Vehicles, as last amended March 22, 2012”,

“California Evaporative Emission Standards and Test Procedures 

for 2001 and Subsequent Model Motor Vehicles, as last amended 

March 22, 2012”, “California Refueling Emission Standards and 

Test Procedures for 2001 and Subsequent Model Motor Vehicles, as 

last amended March 22, 2012”, “Specifications for Fill Pipes and 

Openings of 1977 through 2014 Model Motor Vehicle Fuel Tanks, as 

last amended March 22, 2012”, “Specifications for Fill Pipes and 

Openings of 2015 and Subsequent Model Motor Vehicle Fuel Tanks, 

adopted March 22, 2012”, “California 2015 and Subsequent Model 

Criteria Pollutant Exhaust Emission Standards and Test 

Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust 

Emission Standards and Test Procedures for Passenger Cars, 

Light-Duty Trucks, and Medium-Duty Vehicles, adopted March 22, 

2012, excluding GHG-related provisions”, “California Exhaust 

Emission Standards and Test Procedures for 2009 through 2017 

Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in 

the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

54

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 MediumDuty Vehicles, as last amended December 6, 2012, excluding GHGrelated 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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

55

Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle 

Engines, as last amended December 6, 2012”, “California Exhaust 

Emission Standards and Test Procedures for 2004 and Subsequent 

Model Heavy-Duty Diesel Engines and Vehicles, as last amended 

December 6, 2012”, “California Exhaust Emission Standards and 

Test Procedures for 2009 through 2017 Model Zero-Emission 

Vehicles and Hybrid Electric Vehicles, in the Passenger Car, 

Light-Duty Truck, and Medium-Duty Vehicle Classes, as last 

amended December 6, 2012”, “California Exhaust Emission 

Standards and Test Procedures for 2018 and Subsequent Model 

Zero-Emission Vehicles and Hybrid Vehicles, in the Passenger 

Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted 

December 6, 2012, excluding GHG-related provisions”, “California 

Exhaust Emission Standards and Test Procedures for 2004 and 

Subsequent Model Heavy-Duty Otto-cycle Engines, as last amended 

December 12, 2002”, “California Exhaust Emission Standards and 

Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel 

Engines and Vehicles, as last amended October 25, 2001”,

“California Motor Vehicle Emission Control and Smog Index Label 

Specifications, as last amended October 22, 1999”, “California 

Exhaust Emission Standards and Test Procedures for 2004 and 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

56

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 Off-Road Large Spark-Ignition Engines, 

(2010 and Later Test Procedure 1048), adopted March 2, 2007”,

“California Exhaust and Evaporative Emission Standards and Test 

Procedures for New 2007 and Later Off-Road Large Spark-Ignition 

Engines (Test Procedures 1065 and 1068), adopted March 2, 2007”,

“California Exhaust Emission Standards and Test Procedures for 

2005 and Later Small Off-Road Engines, as last amended February 

24, 2010”, “California Exhaust Emission Standards and Test 

Procedures for New 2000 and Later Tier 1, Tier 2, and Tier 3 

Off-Road Compression-Ignition Engines, Part I-B, adopted January 

28, 2000 and as last amended October 20, 2005”, “California 

Exhaust Emission Standards and Test Procedures for New 1996 and 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

57

Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition 

Engines, Part II, adopted May 12, 1993 and as last amended 

October 20, 2005”, “California Exhaust Emission Standards and 

Test Procedures for New 2008 and Later Tier 4 Off-Road 

Compression-Ignition Engines, Part I-C, adopted October 20, 

2005”, “California Exhaust Emission Standards and Test 

Procedures for 2001 Model Year and Later Spark-Ignition Marine 

Engines, as last amended June 5, 2009”, “Procedures for 

Exemption of Add-On and Modified Parts for Off-Road Categories, 

as last amended June 5, 2009”, and “California Exhaust Emissions 

Standards and Test Procedures for 1997 and Later Off-Highway 

Recreational Vehicles, and Engines, as last amended August 15, 

2007” after the entry for “Procedures for Using the California 

Model for California Reformulated Gasoline Blendstocks for 

Oxygenate Blending (CARBOB)”.

The additions read as follows: 

§ 52.220a Identification of plan - partial.

* * * * *

(c) * * *

TABLE 1--EPA-APPROVED STATUTES AND STATE REGULATIONS1

State 

Citation Title/Subject State effective

EPA 

approval 

Additional 

explanation
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

58

date date

* * * * * * *

Title 13 (Motor Vehicles), Division 3 (Air Resources Board), 

Chapter 1 (Motor Vehicle Pollution Control Devices), Article 1 

(General Provisions)

1900(b)(11) 

through 

(b)(17)

Definitions 11/22/199

9

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Definitions 

of 

“intermediate 

volume 

manufacturer” 

and “small 

volume 

manufacturer.

”

1900(b)(22) Definitions 12/31/201

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Definition of 

“small volume 

manufacturer.

”
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

59

* * * * * * *

1956.8(a)(2

), (a)(5), 

(b), and 

(h)

Exhaust Emissions 

Standards and Test 

Procedures – 1985 

and Subsequent 

Model Heavy-Duty 

Engines and 

Vehicles

11/17/200

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Exhaust 

emissions 

standards for 

new 2004 and 

subsequent 

model heavyduty diesel 

engines, 

heavy-duty 

natural gasfueled and 

LPG-fueled 

engines 

derived from 

diesel-cycle 

engines; 

crankcase 

emissions 

requirements; 

test 

procedures.

1956.8(b), 

(c)(1)(B),

(d), and

(h)(2)(foot

notes 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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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

11/15/200

6

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Heavy-duty 

diesel engine 

idling 

requirements; 

test 

procedures.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

60

Register]

* * * * * * *

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Test 

procedures; 

exhaust 

emissions 

standard for 

new 2005 and 

subsequent 

model HD OC 

engines; 1992 

and 

subsequent 

model diesel 

engines used 

in MD lowemissions 

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

12/31/201

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Test 

procedures; 

exhaust 

emissions 

standard for 

new 2005 and 

subsequent 

model HD OC 

engines; 1992 

and 

subsequent 

model diesel 

engines used 

in MD lowemissions 

vehicles.

1958(a)(exc

luding 

(a)(1)), 

(b)(1), 

(b)(2), 

(f), (g), 

Exhaust Emissions 

Standards and Test 

Procedures –

Motorcycles and 

Motorcycle Engines 

Manufactured on or 

11/22/199

9

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

Exhaust 

emissions 

standards for 

HC + NOx and 

for CO; 

different 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

61

and (h) after January 1, 

1978

publication 

in the 

Federal 

Register]

standards 

established 

for different 

sizes and for 

different 

models years; 

provisions 

for small 

volume 

manufacturers 

and for 

earlycompliance 

credits; 

sunset 

review. 

Excluded 

subsection 

relates to an 

exclusion for 

motorcycles 

or motorcycle 

engines where 

the engine 

displacement 

is less than 

50 cubic 

centimeters. 

* * * * * * *

1960.1(r) Exhaust Emission 

Standards and Test 

Procedures – 1981 

through 2006 Model 

Passenger Cars, 

Light Duty Trucks, 

and Medium Duty 

Vehicles

8/7/2012 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

4,000-mile 

Supplement 

FTP Emission 

Standards for 

LEV, ULEV, 

and SULEV in 

the PC, LDT, 

and MDVs.

1960.1(r) Exhaust Emission 12/31/201 [Insert 4,000-mile 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

62

Standards and Test 

Procedures – 1981 

through 2006 Model 

Passenger Cars, 

Light Duty Trucks, 

and Medium Duty 

Vehicles

2 Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Supplement 

FTP Emission 

Standards for 

LEV, ULEV, 

and SULEV in 

the PC, LDT, 

and MDVs.

1961, 

including

Introductio

n, (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 MediumDuty Vehicles

12/4/2003 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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 MediumDuty Vehicles

2/17/2007 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Test 

procedures.

* * * * * * *
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

63

1961, 

including

Introductio

n, (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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

“LEV III” 

exhaust 

emission 

standards for 

2004 through 

2019 model 

PC, LDT, and 

MDV; test 

procedures.

1961, 

including

Introductio

n, (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

12/31/201

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

“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 

8/7/2012 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

“LEV III” 

exhaust 

emission 

standards for 

2015 and 

subsequent 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

64

Trucks, and MediumDuty Vehicles

publication 

in the 

Federal 

Register]

model year 

PC, LDT, and 

MDV.

1961.2, 

including

Introductio

n, (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 MediumDuty Vehicles

12/31/201

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

“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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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 Zero-Emission 12/31/201 [Insert ZEV 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

65

(b)(2)(D)(1

) and (2), 

(c)(3)(A),

and (h)(1)

Vehicle Standards 

for 2009 through 

2017 Model Year 

Passenger Cars, 

Light-Duty Trucks, 

and Medium-Duty 

Vehicles

2 Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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 MediumDuty Vehicles

8/7/2012 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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 Medium12/31/201

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

Certain ZEV 

requirements 

in model 

years 2018 

and 

subsequent 

model years 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

66

Duty Vehicles in the 

Federal 

Register]

including 

evaporative 

emission 

standards for 

TZEVs, TZEV 

allowances, 

and test 

procedures

1962.3 Electric Vehicle 

Charging 

Requirements

8/7/2012 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Applicability

, 

definitions, 

requirements, 

alternatives.

1965 Emission Control 

and Smog Index 

Labels – 1979 and 

Subsequent ModelYear Motor Vehicles

11/22/199

9

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Emission 

control label 

requirements.

1965 Emission Control 

and Smog Index 

Labels – 1979 and 

Subsequent ModelYear Motor Vehicles

12/04/200

3

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Emission 

control label 

requirements.

1965 Emission Control, 

Smog Index, and 

Environmental 

Performance Labels 

8/7/2012 [Insert 

Federal 

Register 

citation], 

Emission 

control label 

requirements.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

67

– 1979 and 

Subsequent ModelYear Motor Vehicles

[Insert date 

of 

publication 

in the 

Federal 

Register]

1971.1 On-Board Diagnostic 

System Requirements 

– 2010 and 

Subsequent ModelYear Heavy-Duty 

Engines

6/17/2010 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Establishes 

emission 

standards and 

other 

requirements 

for OBD 

systems that 

monitor 

emission 

systems inuse 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 

6/17/2010 [Insert 

Federal 

Register 

Establishes 

enforcement 

protocol for 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

68

Requirements for 

2010 and Subsequent 

Model-Year HeavyDuty Engines

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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

12/31/201

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication

Fuel 

evaporative 

emission 

standards; 

test 

procedures; 

definitions.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

69

in the 

Federal 

Register]

1978(a)(1), 

(b)

Standards and Test 

Procedures for 

Vehicle Refueling 

Emissions

12/4/2003 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Test 

procedures.

1978 Standards and Test 

Procedures for 

Vehicle Refueling 

Emissions

8/7/2012 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Refueling 

emissions 

standards for 

1998 and 

subsequent 

model 

gasolinefueled, 

alcoholfueled, 

dieselfueled, LPGfueled, fuelflexible and 

hybrid 

electric PC, 

LDT, and MDV 

up to 8,501 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

70

pounds, and 

similarlyfueled 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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Reporting 

requirements.

2038(c)(3) Performance 

Warranty 

Requirements for 

1990 and Subsequent 

Model Passenger 

Cars, Light-Duty 

Trucks, and MediumDuty Vehicles, and 

Motor Vehicle 

Engines Used in 

Such Vehicles

8/7/2012 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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 

8/7/2012 [Insert 

Federal 

Register 

Assembly-line 

test 

procedures.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

71

Model Years citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Procedures 

apply to 

Californiacertified 

1982 and 

subsequent 

model-year 

passenger 

cars, lightduty trucks, 

medium-duty 

vehicles, 

heavy-duty 

vehicles, 

motorcycles, 

and 1997 and 

subsequent 

model-year 

off-road 

motorcycles 

and allterrain 

vehicles, and 

2007 and 

subsequent 

model-year 

off-road 

sport 

vehicles, 

off-road 

utility 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

72

vehicles, and 

sand cars.

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

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Procedures 

apply to 

certain 

Californiacertified 

2008 model 

year sparkignition 

sterndrive/in

board marine 

engines with 

maximum rated 

power less 

than or equal 

to 373 

kilowatts, 

and all 

Californiacertified 

2009 and 

subsequent 

model-year 

sparkignition 

sterndrive/in

board marine 

engines.

2112(l)(12) Definitions 8/15/2007 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

73

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Definition of 

“useful life” 

for certain 

types of 

vehicles.

2112(b), 

(l)(9), 

(l)(18)

Definitions 8/7/2012 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Specifies inuse 

compliance 

tests for 

sparkignition 

sterndrive/in

board marine 

engines.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

74

Register]

2139(a), 

(b), (c)(2)

Testing 8/7/2012 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Specifies inuse 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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Notification 

and use 

requirements 

once the inuse 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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Reporting 

requirements.

2147(b) Demonstration of 

Compliance with 

Emissions Standards

8/16/2009 [Insert 

Federal 

Register 

citation], 

Applies the 

requirements 

to 

sterndrive/in
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

75

[Insert date 

of 

publication 

in the 

Federal 

Register]

board marine 

engines.

2147(b)(3) Demonstration of 

Compliance with 

Emissions Standards

8/7/2012 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Requirements 

for 1977 and 

subsequent 

model 

gasolinefueled 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], 

[Insert date 

of 

publication 

in the 

Requires that 

any person 

who owns, 

operates, 

container 

vessel, 

passenger 

vessel, or 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

76

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Definitions 

for “eighthour 

workday,” 

“professional 

level,” 

“standard 

battery 

package,” 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

77

Register] “zeroemission 

equipment 

credits,” and 

“zeroemission 

equipment 

engine 

family.”

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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

11/15/200

6

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

The 

requirements 

in section 

2404 

recognize the 

certain 

emissioncritical or 

emissionrelated parts 

must be 

properly 

identified 

and 

maintained in 

order for 

engines to 

meet the 

applicable 

emissions 

standards and 

that 

information 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

78

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Zero-emission 

equipment 

warranty 

requirements.

2406(b)(1), 

(b)(2)

Emission Control 

System Warranty 

Statement

5/5/2010 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Warranty 

contact 

requirement.

2408(b)(2), 

(d)(4), 

(f)(1), 

(f)(3), 

(f)(4), 

Emission Reduction 

Credits –

Certification 

Averaging, Banking, 

and Trading 

5/5/2010 [Insert 

Federal 

Register 

citation], 

[Insert date 

Limits on use 

of 

certification 

emission 

credits, 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

79

(f)(5), 

(g)(1)(E), 

(i)(3), 

(i)(7)

Provisions of 

publication 

in the 

Federal 

Register]

certain 

reporting 

requirements.

2408.1 Emission Reduction 

Credits – ZeroEmission Equipment 

Credits Averaging, 

Banking, and 

Trading Provisions

5/5/2010 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Applicability

; general 

provisions; 

averaging, 

banking, and 

trading 

provisions; 

credit 

calculation 

and 

compliance 

provisions; 

use of zeroemission 

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

Definitions 

for “allterrain 

vehicle,” 

off-highway 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

80

of 

publication 

in the 

Federal 

Register]

recreational 

vehicle 

engines,” 

“off-road 

sport 

vehicle,” 

“off-road 

utility 

vehicle,” 

“sand car.”

2412 Emission Standards 

and Test Procedures 

– New Off-Highway 

Recreational 

Vehicles and 

Engines

8/15/2007 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Provisions 

related to 

applicability

, and label 

content and 

location. 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

81

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Applies to 

new heavyduty off-road 

CI engines 

produced on 

or after 

January 1, 

1996 and all 

other new 

2000 model 

year and 

later offroad 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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Defined terms 

in addition 

to hose in 13 

CCR § 

1900(b).

2423 Exhaust Emission 1/6/2006 [Insert Exhaust 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

82

Standards and Test 

Procedures – OffRoad CompressionIgnition Engines

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

emissions 

standards 

(tiers 1, 2, 

3 and 4), 

upper limits 

for family 

emission 

limits (tiers 

1, 2, 3 and 

4), lowemitting 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,

2424 Emission Control 

Labels – 1996 and 

Later Off-Road 

CompressionIgnition Engines

1/6/2006 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

Requirements 

on 

manufacturers 

to affix a 

label on each 

production 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

83

publication 

in the 

Federal 

Register]

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 

CompressionIgnition Engines

11/15/200

6

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

The 

requirements 

of section 

2424 

recognize 

that certain 

emissionscritical or 

emissionsrelated 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 OffRoad CompressionIgnition Engines

1/6/2006 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

Applies to 

new 1996-1999 

model year 

heavy-duty 

off-road CI 

engines and 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

84

publication 

in the 

Federal 

Register]

new 2000 and 

later model 

year CI 

engines.

2425(e) Defects Warranty 

Requirements for 

1996 and Later OffRoad CompressionIgnition Engines

11/15/200

6

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Applicability

, general 

provisions, 

and 

investigation 

and reporting 

procedures. 

2426 Emission Control 

System Warranty 

Statement

1/6/2006 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

Compliance 

test 

procedures, 

quality-audit 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

85

[Insert date 

of 

publication

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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 

5/12/2007 [Insert 

Federal 

Register 

New off-road 

LSI exhaust, 

crankcase, 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

86

Spark Ignition 

Engines

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

and 

evaporative 

emission 

standards and 

test 

procedures.

2434(c) Emission Control 

Labels – 2001 and 

Later Off-Road 

Large SparkIgnition Engines

5/12/2007 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Label content 

and location 

requirements.

2438(e)(7) In-Use Compliance 

Program

5/12/2007 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Credit 

calculation.

Title 13 (Motor Vehicles), Division 3 (Air Resources Board), 

Chapter 9 (Off-Road Vehicles and Engines Pollution Control 

Devices), Article 4.7 (Spark-Ignition Marine Engines)

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

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Exemption for 

sparkignition 

sterndrive/in

board marine 

engines used 

solely for 

competition.

2442(a)(1), 

(a)(2), 

Emissions Standards 8/16/2009 [Insert 

Federal 

Model year 

2001 and 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

87

(b), (c), 

(d), (e), 

(f), (g), 

(h)

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

later model 

year sparkignition 

personal 

watercraft 

and outboard 

marine 

engines; 

model year 

2003 and 

later model 

year sparkignition 

sterndrive/in

board marine 

engines; Notto-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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Requirements 

related to 

emission 

control 

labels.

2443.2(b)(1

), (c)(1), 

Consumer/Environmen

tal Label 

8/16/2009 [Insert 

Federal 

Label 

requirements 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

88

(c)(2), (e) Requirements Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

for certified 

model year 

2001 and 

later sparkignition 

personal 

watercraft 

and outboard 

marine 

engines and 

certified 

model year 

2003 and 

later sparkignition 

sterndive/inb

oard engines.

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Recordkeeping 

and reporting 

requirements.

2444.2 On-Board Engine 

Malfunction 

Detection System 

Requirements -

Model Year 2007 and 

Later SparkIgnition 

Sterndrive/Inboard 

Marine Engines

8/16/2009 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

General 

requirements; 

monitoring 

requirements; 

additional 

audio/visual 

alert device 

activation 

and 

diagnostic 

trouble code 

storage 

protocol; 

tampering 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

89

protection; 

certification 

documentation

; testing, 

standardizati

on, and 

implementatio

n 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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Warranty 

requirements.

2445.2(a) Emission Control 

Warranty Statements

8/16/2009 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Applicability 

provision; 

certain 

quality-audit 

line test 

procedures 

for 2001 and 

later model 

years; test 

procedures; 

selective 

enforcement 

auditing 

regulations.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

90

2447 California Exhaust 

Emission Standards 

and Test Procedures 

for 2001 Model Year 

and Later SparkIgnition Marine 

Engines

8/16/2009 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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 Off-Road Diesel-Fueled Fleets)

2449, 

excluding 

(d)(2)

General 

Requirements for 

In-Use Off-Road 

Diesel-Fueled 

Fleets

12/14/201

1

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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

12/14/201

1

[Insert 

Federal 

Register 

citation], 

Establishes 

fleet average 

requirements 

and 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

91

[Insert date 

of 

publication 

in the 

Federal 

Register]

compliance 

dates, BACT 

provisions, 

credit 

provisions.

2449.2, 

excluding 

(f)(4)

Surplus Off-Road 

Opt-In for NOx

(SOON) Program

12/14/201

1

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Purpose is to 

achieve 

additional 

reductions of 

NOx from inuse off-road 

diesel-fueled 

vehicles 

beyond those 

achieved 

through 

implementatio

n of the 

requirements 

in 13 CCR §§ 

2449 and 

2449.1. 

Applicability

, 

definitions, 

requirements, 

SOON targets, 

local air 

district optin 

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 09/12/200

7

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

Voluntary 

registration 

program for 

owners or 

portable 

engines or 

equipment 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

92

in the 

Federal 

Register]

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 09/12/200

7

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Definitions 

that apply to 

the portable 

engine and 

equipment 

registration 

regulations.

2453 Application Process 09/12/200

7

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

To be 

considered 

for 

registration, 

portable 

engines or 

equipment 

units must 

meet the 

requirements 

in article 5, 

including the 

applicationrelated 

requirements 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

93

in this 

section.

2455, 

excluding 

(a) and (b)

General 

Requirements

09/12/200

7

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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.

2456, 

excluding

(a), 

(d)(3), 

(d)(5), and 

(d)(6)

Engine Requirements 09/12/200

7

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Various 

requirements 

specified for 

different 

categories of 

engines. 

Excluded 

subsections 

relate to 

opacity 

limits, fuel 

specification
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

94

s, and daily 

and annual 

mass (per 

engine) 

limits.

2458 Recordkeeping and 

Reporting

09/12/200

7

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Recordkeeping 

and reporting 

requirements 

for owners of 

registered 

portable 

engines and 

equipment 

units. 

2459 Notification 09/12/200

7

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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

09/12/200

7

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Authorization 

for CARB to 

conduct 

testing both 

before and 

after 

registration 

in the 

program. 

Districts 

must inspect 

all register 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

95

engines and 

equipment 

units for 

which the 

district has 

been 

designated as 

the home 

district. 

Test methods 

are 

specified.

2461 Fees 09/12/200

7

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Provisions 

establishing 

fees for 

registration, 

renewal, and 

associated 

administrativ

e tasks.

2462 Duration of 

Registration

09/12/200

7

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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

08/16/200

9

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

Incorporation 

of procedures 

for 

exemptions of 

add-on and 

modified 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

96

publication 

in the 

Federal 

Register]

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 

In-Use DieselFueled Transport 

Refrigeration Units 

(TRU) and TRU 

Generator Sets, and 

Facilities Where 

TRUs Operate

3/7/2011 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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 

Regulation for 

Mobile Cargo 

12/31/200

6

[Insert 

Federal 

Applies to 

any person 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

97

(e)(2) and 

(e)(4)

Handling Equipment 

at Ports and 

Intermodal Rail 

Yards

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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, 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

98

recordkeeping 

and reporting 

requirements, 

test methods. 

Excluded 

subsections 

relate to inuse 

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

10/14/201

2

[Insert

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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.

Title 13 (Motor Vehicles), Division 3 (Air Resources Board), 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

99

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

11/15/200

6

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Establishes 

requirements 

to reduce 

emissions 

from idling 

of dieselfueled 

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 fuelfired 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)
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

100

2775 Applicability 5/12/2007 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Applies to 

operators of 

certain offroad LSI 

engine 

forklifts, 

sweepers/scru

bbers, 

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Establishes 

fleet average 

emission 

level 

standards 

with certain 

exceptions.

2775.2 Compliance 

Requirements for 

Fleet Operators

5/12/2007 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

Compliance 

and 

recordkeeping 

requirements, 

provisions 

for 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

101

publication 

in the 

Federal 

Register]

extensions in 

compliance 

dates.

* * * * * * *

93116 Purpose 3/11/2005 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Defines 

specific 

terms used in 

the 

regulation.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

102

Register]

93116.3, 

excluding

(a)

Requirements 3/11/2005 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Fleet

recordkeeping 

and reporting 

requirements.

93116.5 Enforcement of 

Fleet Requirements

3/11/2005 [Insert 

Federal 

Register 

Authority to 

review and 

seek 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

103

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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

11/19/200

8

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

104

* * * * * * *

1 Table 1 lists EPA-approved California statutes and regulations incorporated 

by reference in the applicable SIP. Table 2 of paragraph (c) lists approved 

California test procedures, test methods and specifications that are cited in 

certain regulations listed in table 1. Approved California statutes that are 

nonregulatory or quasi-regulatory are listed in paragraph (e).

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, Light-Duty 

Trucks and Medium-Duty 

Vehicles, as last amended 

September 5, 2003

12/4/2003 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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-, Mediumand Heavy-Duty Engines and 

Vehicles,” as last amended 

September 5, 2003

12/4/2003 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Submitted by 

CARB on 

August 14, 

2015.

California Smog Index Label 

Specifications for 2004 and 

Subsequent Model Passenger 

12/4/2003 [Insert 

Federal 

Register 

Submitted by 

CARB on 

August 14, 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

105

Cars and Light-Duty Trucks,” 

adopted September 5, 2003

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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 

2/17/2007 [Insert 

Federal 

Register 

citation], 

[Insert date 

Submitted by 

CARB on 

August 14, 

2015.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

106

Vehicles, as last amended June 

22, 2006

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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 

8/7/2012 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

Submitted by 

CARB on 

August 14, 

2015.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

107

Passenger Cars, Light-Duty 

Trucks, and Medium-Duty 

Vehicles, as last amended 

March 22, 2012, excluding GHGrelated provisions

in the 

Federal 

Register]

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

8/7/2012 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

Submitted by 

CARB on 

August 14, 

2015.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

108

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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, Light-Duty 

Trucks, and Medium-Duty 

Vehicles, adopted March 22, 

2012, excluding GHG-related 

provisions

8/7/2012 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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 GHGrelated provisions

8/7/2012 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the

Federal 

Register]

Submitted by 

CARB on 

August 14, 

2015.

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 

8/7/2012 [Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

Submitted by 

CARB on 

August 14, 

2015.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

109

Classes, adopted March 22, 

2012, excluding GHG-related 

provisions

in the 

Federal 

Register]

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

12/31/201

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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, Light-Duty 

Trucks, and Medium-Duty 

Vehicles, as last amended 

December 6, 2012, excluding 

GHG-related provisions

12/31/201

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Submitted by 

CARB on 

August 14, 

2015.

California Non-Methane Organic 

Gas Test Procedures, as last 

amended December 6, 2012

12/31/201

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Submitted by 

CARB on 

August 14, 

2015.

California Evaporative 

Emission Standards and Test 

Procedures for 2001 and 

Subsequent Model Motor 

Vehicles, as last amended 

12/31/201

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

Submitted by 

CARB on 

August 14, 

2015.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

110

December 6, 2012 of 

publication 

in the 

Federal 

Register]

California Exhaust Emission 

Standards and Test Procedures 

for 2004 and Subsequent Model 

Heavy-Duty Otto-Cycle Engines, 

as last amended December 6, 

2012

12/31/201

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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

12/31/201

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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

12/31/201

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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 

12/31/201

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

Submitted by 

CARB on 

August 14, 

2015.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

111

Classes, adopted December 6, 

2012, excluding GHG-related 

provisions

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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

11/17/200

2

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Submitted by 

CARB on 

August 14, 

2015.

California Motor Vehicle 

Emission Control and Smog 

Index Label Specifications, as 

last amended October 22, 1999

11/22/199

9

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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

11/15/200

6

[Insert 

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Submitted by 

CARB on 

August 14, 

2015.
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

112

Register]

California Exhaust Emission 

Standards and Test Procedures 

for New 2001 through 2006 OffRoad 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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Submitted by 

CARB on 

August 14, 

2015.

California Exhaust Emission 5/5/2010 [Insert Submitted by 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

113

Standards and Test Procedures 

for 2005 and Later Small OffRoad Engines, as last amended 

February 24, 2010

Federal 

Register 

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

CARB on 

August 14, 

2015.

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Submitted by 

CARB on 

August 14, 

2015.

California Exhaust Emission 

Standards and Test Procedures 

for 2001 Model Year and Later 

8/16/2009 [Insert 

Federal 

Register 

Submitted by 

CARB on 

August 14, 
This document is a prepublication version signed by EPA Acting Regional Administrator, Alexis Strauss, on June 1, 

2016. We have taken steps to ensure the accuracy of this version, but it is not the official version.

114

Spark-Ignition Marine Engines, 

as last amended June 5, 2009

citation], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

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], 

[Insert date 

of 

publication 

in the 

Federal 

Register]

Submitted by 

CARB on 

August 14, 

2015.

* * * * *