45548 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Proposed Rules 

1See 77 FR 9239 (February 16, 2012). 

2See 81 FR 39423, 39443 (June 16, 2016). 

3CARB uses the term ROG to refer to a class of 

VOCs that are sufficiently reactive with sources of 

oxygen molecules such as NOX, and carbon 

monoxide (CO) in the atmosphere in the presence 

of sunlight. In contrast, the EPA uses the term 

VOCs, but exempts certain VOCs that are nonreactive or of negligible reactivity in our 

regulations. See 40 CFR 51.100(s). 

4See California Air Resources Board, Staff Report, 

‘‘Initial Statement of Reasons: Notice of Public 

Hearing to Consider Requirements to Reduce Idling 

Emissions from New and In-Use Trucks, Beginning 

in 2008,’’ September 1, 2005, at page 7. 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

DATES: Comments must be received in 

writing by October 30, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2017–0398 at http://

www.regulations.gov, or via email to 

aquino.marcos@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

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

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Mrs. 

Amy Johansen, (215) 814–2156, or by 

email at johansen.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: September 14, 2017. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

[FR Doc. 2017–20837 Filed 9–28–17; 8:45 am] 

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ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0383; FRL–9968–31– 

Region 9] 

Approval of California Air Plan 

Revisions; Anti-Idling Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the California State 

Implementation Plan (SIP). This 

revision concerns emissions of volatile 

organic compounds (VOCs), oxides of 

nitrogen (NOX) and particulate matter 

(PM) from the idling of diesel-powered 

trucks. We are proposing to approve 

portions of a state rule to regulate these 

emission sources under the Clean Air 

Act (CAA or the Act). We are taking 

comments on this proposal and plan to 

follow with a final action. 

DATES: Any comments must arrive by 

October 30, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2017–0383 at https://

www.regulations.gov, or via email to 

Jeffrey Buss, Rulemaking Office at 

Buss.Jeffrey@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be removed or edited from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

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

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Buss, EPA Region IX, (415) 947– 

4152, buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

This proposal addresses subsections 

(c)(1)(A) and (c)(1)(B) of Title 13 

California Code of Regulations (CCR) 

Section 2485, ‘‘Airborne Toxic Control 

Measure to Limit Diesel-Fueled 

Commercial Motor Vehicle Idling’’ 

(collectively, ‘‘Idling Restrictions’’). The 

California Air Resources Board (CARB) 

adopted Section 2485 on September 1, 

2006, and submitted the Idling 

Restrictions and other portions of 

Section 2485 to the EPA on December 

9, 2011. On May 9, 2012, this submittal 

was deemed by operation of law to meet 

the completeness criteria in 40 CFR part 

51 Appendix V, which must be met 

before formal EPA review. 

B. Are there other versions of this rule? 

There are no previous versions of the 

Idling Restrictions. However, other 

portions of 13 CCR 2485 were subject to 

a CAA section 209 waiver requirement,1

and were previously approved into the 

California SIP.2

C. What is the purpose of the submitted 

rule? 

The Idling Restrictions were adopted 

to reduce emissions of NOX, reactive 

organic gases 3 (ROG) and PM.4 NOX

and VOCs help produce ground-level 

ozone, smog and PM, which harm 


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Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Proposed Rules 45549 

human health and the environment. In 

addition, PM, including PM equal to or 

less than 2.5 microns in diameter 

(PM2.5) and PM equal to or less than 10 

microns in diameter (PM10), contributes 

to effects that are harmful to human 

health and the environment, including 

premature mortality, aggravation of 

respiratory and cardiovascular disease, 

decreased lung function, visibility 

impairment, and damage to vegetation 

and ecosystems. Section 110(a) of the 

CAA requires states to submit 

regulations that control these pollutants. 

The Idling Restrictions reduce 

emissions of these pollutants by limiting 

the idling of commercial diesel trucks. 

The EPA’s technical support document 

(TSD) contains more information about 

these provisions. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

SIP rules must be enforceable (see 

CAA section 110(a)(2)), must not 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements (see CAA section 110(l)), 

and must not modify certain SIP control 

requirements in nonattainment areas 

without ensuring equivalent or greater 

emissions reductions (see CAA section 

193). Lastly, in reviewing submittals of 

state/local prohibitory rules, EPA 

routinely evaluates whether they satisfy 

applicable CAA control requirements, 

including the CAA section 172 

requirement for Reasonable Available 

Control Measures (RACM). 

B. Does the rule meet the evaluation 

criteria? 

The Idling Restrictions contain clear, 

specific and enforceable standards for 

the operation of covered vehicles, and 

satisfy the enforceability criterion in 

CAA section 110(a)(2). These provisions 

strengthen the SIP by establishing new 

operating standards that complement 

the previously approved technology 

requirements in Section 2485. The 

Idling Restrictions do not interfere with 

applicable requirements concerning 

attainment and reasonable further 

progress or other CAA requirements, as 

set forth in CAA section 110(l), and do 

not modify any existing SIP control 

requirement in a nonattainment area, in 

accordance with CAA section 193. 

With respect to CAA section 172 

RACM requirements, we generally 

evaluate RACM in the context of a 

specific SIP, but we have determined 

that the vehicle operator requirements 

in the Idling Restrictions constitute 

RACM-level controls because they limit 

idling from the primary vehicle engine 

to 5 minutes. We are unaware of any 

idling restriction in place in another 

area that is fewer than 5 minutes. The 

TSD has more information on our 

evaluation. 

C. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the submitted rule because we 

believe it fulfills all relevant 

requirements. We will accept comments 

from the public on this proposal until 

October 30, 2017. If we take final action 

to approve the submitted rule, our final 

action will incorporate this rule into the 

federally enforceable SIP. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the portions of title 13 CCR 2485 

described above. The EPA has made, 

and will continue to make, these 

materials available through 

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided they 

meet the criteria of the Clean Air Act. 

Accordingly, this proposed action 

merely proposes to approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where the EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: September 7, 2017. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2017–20963 Filed 9–28–17; 8:45 am] 

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