Proposed Rule2022-21910
Air Plan Approval; California; Innovative Clean Transit Regulation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 14, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a revision to the California State Implementation Plan (SIP) concerning particulate matter (PM) and oxides of nitrogen (NO<INF>X</INF>) emissions from public transit buses. We are proposing to approve State rules that 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.
Full Text
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<title>Federal Register, Volume 87 Issue 198 (Friday, October 14, 2022)</title>
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[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Proposed Rules]
[Pages 62337-62341]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21910]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0503; FRL-9936-01-R9]
Air Plan Approval; California; Innovative Clean Transit
Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the California State Implementation Plan (SIP)
concerning particulate matter (PM) and oxides of nitrogen
(NO<INF>X</INF>) emissions from public transit buses. We are proposing
to approve State rules that 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: Comments must be received on or before November 14, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0503 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4152 or by
email at <a href="/cdn-cgi/l/email-protection#cdafb8bebee3a7a8ababbfa8b48da8bdace3aaa2bb"><span class="__cf_email__" data-cfemail="c0a2b5b3b3eeaaa5a6a6b2a5b980a5b0a1eea7afb6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. The State's Submission
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rules?
D. What requirements does the regulation establish?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the regulation?
B. Does the regulation meet the evaluation criteria?
C. The EPA's Recommendations To Further Improve the Rules
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submission
A. What rules did the State submit?
On December 14, 2018, the California Air Resources Board (CARB)
adopted a set of rules referred to as the Innovative Clean Transit
(ICT) regulation. On August 13, 2019, the California Office of
Administrative Law (OAL) approved the ICT regulation, effective October
1, 2019. On February 13, 2020, CARB submitted the ICT regulation to the
EPA as a revision to the California SIP.\1\ Table 1 lists the specific
sections of Title 13, Division 3, Chapter 1, Article 4.3 of the
California Code of Regulations (CCR) that comprise the ICT regulation.
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\1\ CARB submitted the ICT Regulation electronically to the EPA
on February 13, 2020 as an attachment to a letter dated February 12,
2020.
[[Page 62338]]
Table 1--Submitted Rules
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State Submission
Agency Section No. 13 CCR Rule title effective date date
----------------------------------------------------------------------------------------------------------------
CARB....................... 2023....................... Innovative Clean 10/01/2019 02/13/2020
Transit Regulations
Applicability and
Scope.
CARB....................... 2023.1..................... Zero-Emission Bus 10/01/2019 02/13/2020
Requirements.
CARB....................... 2023.2..................... Compliance Option for 10/01/2019 02/13/2020
Joint Zero-Emission
Bus Groups.
CARB....................... 2023.3..................... Zero-Emission Bus 10/01/2019 02/13/2020
Bonus Credits.
CARB....................... 2023.4..................... Provisions for 10/01/2019 02/13/2020
Exemption of a Zero-
Emission Bus Purchase.
CARB....................... 2023.5..................... Zero-Emission Mobility 10/01/2019 02/13/2020
Option.
CARB....................... 2023.6..................... Low-NOX Engine 10/01/2019 02/13/2020
Purchase Requirements.
CARB....................... 2023.7..................... Requirements to Use 10/01/2019 02/13/2020
Renewable Fuels.
CARB....................... 2023.8..................... Reporting Requirements 10/01/2019 02/13/2020
for Transit Agencies.
CARB....................... 2023.9..................... Record Keeping 10/01/2019 02/13/2020
Requirements.
CARB....................... 2023.10.................... Authority to Suspend, 10/01/2019 02/13/2020
Revoke or Modify.
CARB....................... 2023.11.................... Severability.......... 10/01/2019 02/13/2020
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In addition to the Final Regulation Order and documentation of OAL
approval, CARB's February 13, 2020 SIP submission includes CARB Staff
Report: Initial Statement of Reasons (August 7, 2018) and related
appendices; the Notice of Public Hearing, dated July 24, 2018, for a
hearing on September 27, 2018; CARB Resolution 18-60 (December 14,
2018) through which CARB adopted the ICT regulation; and the Final
Statement of Reasons (June 2019) and related appendices. On August 13,
2019, the submission from CARB was deemed by operation of law to meet
the completeness criteria in 40 CFR part 51, appendix V.\2\
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\2\ See CAA section 110(k)(1)(B).
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On August 11, 2022, CARB supplemented the February 13, 2020 SIP
submission.\3\ The August 11, 2022 supplement includes certain
additional definitions codifed in the CCR or California Health & Safety
Code (CH&SC) that are relied upon in the ICT regulation. The specific
definitions submitted on August 11, 2022 are listed in table 2.
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\3\ Shirin Barfjani, Air Pollution Specialist, CARB, email
correspondence to Jeffrey Buss, EPA Region 9, August 11, 2022.
Table 2--Submitted Additional Definitions Relied Upon by the ICT
Regulation
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CCR, CH&SC or State
Agency CVC section Title effective date
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CARB................. CH&SC 39012..... Air Basin...... 01/01/1976
CARB................. 17 CCR Untitled but 07/01/2020
95481(a)(30). defines the
term
``compressed
natural gas
(CNG)''.
CARB................. 13 CCR Untitled but 10/16/2017
2208(c)(18). defines the
term ``Low-NOX
engine''.
CARB................. 17 CCR 60100(e). Untitled but 07/05/1978
defines the
Sonoma County
portion of the
North Coast
Basin.
CARB................. 17 CCR 60013.... Lake Tahoe Air 01/30/1976
Basin.
CARB................. 17 CCR Untitled but 07/01/2020
95481(a)(130). defines the
term
``Renewable
hydrocarbon
diesel''.
CARB................. 17 CCR Untitled but 07/01/2020
95481(a)(22). defines the
term
``Biomethane''.
CARB................. 13 CCR 2020(b).. Definitions.... 01/02/2010
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B. Are there other versions of these rules?
The ICT regulation replaces an earlier CARB regulation referred to
as the Fleet Rule for Transit Agencies. CARB originally adopted the
Fleet Rule for Transit Agencies in 2000, and amended the rule in 2004
and 2006. The Fleet Rule for Transit Agencies was never submitted or
approved as part of the California SIP.
C. What is the purpose of the submitted rules?
Emissions of PM, including PM equal to or less than 2.5 microns in
diameter (PM<INF>2.5</INF>) and PM equal to or less than 10 microns in
diameter (PM<INF>10</INF>), contribute 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. Additionally, emissions of NO<INF>X</INF> contribute to the
production of ground-level ozone, which harms human health and the
environment. Section 110(a) of the CAA requires states to submit
regulations that control PM and NO<INF>X</INF> emissions.
The purpose of the ICT regulation is to transition California
public transit bus fleets to zero-emission technologies by 2040. The
ICT regulation was developed to ensure transit service integrity and
program feasibility through this transformation. The ICT regulation was
included as one of the regulatory measures adopted by CARB in the 2016
State SIP Strategy to achieve emissions reductions of NO<INF>X</INF>
and PM emissions needed to attain the National Ambient Air Quality
Standard (NAAQS), particularly in the South Coast and San Joaquin
Valley air quality planning areas.\4\ Furthermore, CARB notes that the
ICT regulation furthers state environmental justice goals by
transitioning to clean transportation modes in low-income and
disadvantaged communities.\5\
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\4\ CARB, Revised Proposed 2016 State Strategy for the State
Implementation Plan, March 7, 2017, pages 69-71. The EPA approved
the 2016 State SIP Strategy as a revision to the California SIP at
February 12, 2019, 84 FR 3302; corrected at May 3, 2019, 84 FR
19680; and at October 1, 2019, 84 FR 52005.
\5\ CARB; Public Hearing to Consider the Proposed Innovative
Clean Transit Regulation, a Replacement of the Fleet Rule for Public
Agencies; Staff Report: Initial Statement of Reasons; Date of
Release: August 7, 2018 (``CARB's ICT Staff Report''); chapter 7
(``Environmental Justice'').
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As adopted, CARB estimates that the ICT regulation will reduce
NO<INF>X</INF> and PM emissions by approximately 7,032 and 39.4 tons,
respectively, on a statewide
[[Page 62339]]
basis between 2020 and 2050.\6\ In addition, CARB anticipates that the
Zero-Emission Bus (ZEB) technologies deployed under the ICT regulation
will assist the future advanced technology deployment in other heavy-
duty on-road sectors to further help achieve the emission reduction
goals identified in the 2016 State SIP Strategy.
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\6\ CARB's ICT Staff Report, page IV-2.
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D. What requirements does the regulation establish?
The ICT regulation applies to any public transit agency that owns,
operates, leases, rents, or contracts with another entity to operate
buses in California, but the term ``transit agency'' does not mean a
correctional facility, airport, college or university, national park,
tour bus service provider, or an entity that provide shuttle services
solely for patrons of its organization.\7\ The regulation also does not
apply to school buses, vehicles on rails, or trolleybuses even if
operated by a public transit agency and does not apply to Caltrans,
Caltrain, Amtrak, or any local school district.\8\
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\7\ 13 CCR 2023(a)(1) and (b)(51).
\8\ 13 CCR 2023(a)(2).
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CARB's ICT regulation requires public transit agencies to submit a
ZEB Rollout Plan approved by the applicable governing board that
demonstrates how the agency plans for ZEB purchase and infrastructure
buildout, and associated financial planning and workforce training by
certain deadlines established in the regulation.\9\ The regulation also
establishes ZEB purchase requirements that provide for an increasing
percentage of new buses \10\ to be ZEBs such that, by January 1, 2029,
all new bus purchases must be ZEBs.\11\
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\9\ 13 CCR 2023 and 2023.1.
\10\ Under the ICT regulation, the term ``bus'' means a rubber-
tire vehicle designed to transport passengers by road with gross
vehicle weight rating (GVWR) greater than 14,000 pounds. See 13 CCR
2023(b)(6).
\11\ 13 CCR 2023.1.
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The regulation also provides for waivers for early compliance and
provides certain compliance flexibility through provisions allowing
pooling of resources among multiple transit agencies, establishing
options for other, zero-emission transit services and allowing
extensions or exemptions from ZEB purchase requirements for
circumstances outside the transit agency's control.\12\ The ICT
regulation also requires generally that, when new conventional internal
combustion engine bus or hybrid bus purchases are made, transit
agencies must purchase buses with low-NO<INF>X</INF> engines that meet
certain criteria if low-NO<INF>X</INF> engines are available for the
bus type and propulsion system type being purchased.\13\ For large
transit agencies, the ICT regulation requires them to use renewable
diesel or natural gas to fuel their buses that have not yet converted
to ZEBs.\14\ Finally, the ICT regulation includes reporting and
recordkeeping requirements to ensure compliance with the
regulation.\15\
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\12\ 13 CCR 2023.1, 2023.2 and 2023.4.
\13\ 13 CCR 2023.6
\14\ 13 CCR 2023.7.
\15\ 13 CCR 2023.8 and 2023.9.
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II. The EPA's Evaluation and Action
A. How is the EPA evaluating the regulation?
The EPA has evaluated the ICT regulation against the applicable
procedural and substantive requirements of the CAA for SIPs and SIP
revisions and has concluded that the ICT regulation meets all of the
applicable requirements. Generally, SIPs must include enforceable
emission limitations and other control measures, means, or techniques,
as well as schedules and timetables for compliance, as may be necessary
to meet the requirements of the Act [see CAA section 110(a)(2)(A)];
must provide necessary assurances that the state will have adequate
personnel, funding, and 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) [see CAA section 110(a)(2)(E)]; must be adopted
by a state after reasonable notice and public hearing [see CAA section
110(l)], and must not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable requirement of the Act [see CAA section 110(l)].\16\
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\16\ CAA section 193, which prohibits any pre-1990 SIP control
requirement relating to nonattainment pollutants in nonattainment
areas from being modified unless the SIP is revised to insure
equivalent or greater emission reductions of such air pollutants,
does not apply to the ICT rgulation because it does not represent
pre-1990 SIP control requirements.
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B. Does the regulation meet the evaluation criteria?
1. Did the State provide for reasonable public notice and hearing prior
to adoption?
Under CAA section 110(l), SIP revisions must be adopted by the
State, and the State must provide for reasonable public notice and
hearing prior to adoption. In 40 CFR 51.102(d), we specify that
reasonable public notice in this context refers to at least 30 days.
The ICT regulation was adopted by the CARB Board on December 14, 2018,
through Resolution 18-60 following a public hearing held on that same
day.\17\ Prior to adoption, CARB published notice of a September 27,
2018 public hearing on July 24, 2018, and provided a 45-day comment
period.\18\ CARB subsequently provided public notice and a 15-day
comment period on modifications made to the original draft regulation
that was the subject of the September 27, 2018 hearing. The CARB
Executive Officer submitted the final ICT rulemaking package to the
California Office of Administrative Law (OAL) on July 3, 2019. OAL
approved the rulemaking and filed with the California Secretary of
State on August 13, 2019. The effective date under State law is October
1, 2019. CARB submitted the OAL-approved Final Regulation Order to the
EPA on February 13, 2020, along with various other materials comprising
the SIP submission package, including copies of public comments
received during the two comment periods and CARB's responses to the
comments.
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\17\ CARB Resolution 18-60 (page 4) states: ``WHEREAS, In March
2017, the Board adopted the State Strategy for the State
Implementation Plan, which identifies the deployment of zero-
emission buses as a necessary component for California to achieve
established near- and long-term air quality and climate mitigation
targets (Resolution 17-7, March 23, 2017).''
\18\ The July 24, 2018 public notice (page 20) states: ``If
adopted by CARB, CARB plans to submit the proposed regulatory action
to the United States Environmental Protection Agency (U.S. EPA) for
approval as a revision to the California State Implementation Plan
(SIP) required by the federal Clean Air Act (CAA). The adopted
regulatory action would be submitted as a SIP revision because it
amends regulations intended to reduce emissions of air pollutants in
order to attain and maintain the National Ambient Air Quality
Standards promulgated by U.S. EPA pursuant to the CAA.''
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Based on the materials provided in the February 13, 2020 SIP
submission and summarized above, we find that CARB has met the
procedural requirements for adoption and submission of SIPs and SIP
revisions under CAA section 110(l) and 40 CFR 51.102.
2. Does the State have adequate legal authority to implement the
regulation?
CARB has been granted both general and specific authority under the
CH&SC to adopt and implement these regulations. CH&SC sections 39600
(``Acts required'') and 39601 (``Adoption of regulation; Conformance to
federal law'') confer on CARB the general authority and obligation to
adopt regulations and measures necessary to execute CARB's powers and
duties imposed by State law. CH&SC sections 43013(a) and 43018 provide
broad authority to achieve the maximum feasible and cost-effective
emission
[[Page 62340]]
reductions from all mobile source categories, including both on-road
and off-road diesel engines.
Moreover, we know of no obstacle under Federal or State law in
CARB's ability to implement the regulations. As a general matter, the
CAA assigns mobile source regulation to the EPA through title II of the
Act and assigns stationary source regulation and SIP development
responsibilities to the states through title I of the Act. More
specifically, with respect to new motor vehicles, CAA section 209(a)
provides that no state or any political subdivision may adopt or
attempt to enforce any standard relating to the control of emissions
from new motor vehicles or new motor vehicle engines. CAA section
209(b) provides that the EPA must issue waivers to California for
standards otherwise preempted under CAA section 209(a) if certain
criteria are met. However, in this instance, CARB is setting forth
requirements related to transit bus purchases directed at public
transit agencies and has not adopted or attempted to enforce a
``standard'' relating to the control of emissions from new motor
vehicles for the purposes of CAA section 209(a) (e.g., CARB has not set
a regulatory requirement on private fleet operator purchases within the
State).\19\ Consequently, the ICT regulation is not preempted under CAA
section 209(a) and does not require an EPA waiver under CAA section
209(b). The ICT regulation, however, does reduce emissions from a
certain class of public vehicles and therefore is more stringent than
the otherwise applicable State or Federal standards.
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\19\ See Engine Manufacturers Ass'n v. South Coast Air Quality
Management District, 541 U.S. 246 (2004) and subsequent history at
2005 WL 1163437 (C.D. Cal. 2005) and 498 F.3d. 1031 (9th Cir. 2007).
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3. Is the regulation enforceable as required under CAA section
110(a)(2)?
We have evaluated the enforceability of the ICT regulation with
respect to applicability and exemptions; standard of conduct and
compliance dates; sunset provisions; discretionary provisions; and test
methods, recordkeeping and reporting,\20\ and have concluded for the
reasons given below that the regulation is enforceable for the purposes
of CAA section 110(a)(2).
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\20\ These concepts are discussed in detail in an EPA memorandum
from J. Craig Potter, EPA Assistant Administrator for Air and
Radiation, et al., titled ``Review of State Implementation Plans and
Revisions for Enforceability and Legal Sufficiency,'' dated
September 23, 1987.
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First, with respect to applicability, we generally find that the
ICT regulation is sufficiently clear as to which entities are subject
to the requirements in the regulation and which entities are
exempt.\21\ Second, we find that the ICT regulation is, as a general
matter, sufficiently specific so that the persons affected by the
regulation are fairly on notice as to what the requirements and related
compliance dates are.\22\ To a large extent, we have already described
the substantive requirements and compliance dates set forth in the ICT
regulation in section I.D of this document. We note, however, that the
definitions set forth in the ICT regulation cite to other sections of
California code or regulation, and thus, the definitions in the ICT
regulation would be ambiguous for the purposes of enforcement of the
SIP unless the other sections of California code or regulation on which
the ICT regulation relies are submitted and approved into the SIP along
with the ICT regulation. On August 11, 2022, CARB supplemented the
original SIP submission with additional sections of California code or
regulation on which the ICT regulation relies (see table 2, above) to
the EPA for SIP approval to avoid the potential ambiguity in the ICT
regulation. With respect to compliance dates, we note that no
compliance date in the ICT regulation extends past January 1, 2029,
which is consistent with the attainment needs for California with
respect to the attainment deadline for the South Coast and San Joaquin
Valley ``Extreme'' nonattainment areas for the 2008 ozone NAAQS.
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\21\ 13 CCR 2023.
\22\ 13 CCR 2023.1.
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Third, the ICT regulation does not include sunset provisions.
Fourth, we note that the ICT regulation does not contain provisions
that allow for discretion on the part of CARB's Executive Officer. Such
``director's discretion'' provisions can undermine enforceability of a
SIP regulation, and thus prevent full approval by EPA. In the case of
the ICT regulation, the regulation allows transit agencies to request
an exemption from the ZEB requirement under certain specified
circumstances. Specifically, under 13 CCR 2023.4, transit agencies may
request an exemption from purchasing ZEBs under any of five
circumstances, all of which must be outside the transit agencies'
control. Exemptions are allowed when:
1. a delay in bus delivery is caused by a setback in the
construction of infrastructure needed for the ZEB;
2. available ZEBs cannot meet a transit agency's daily mileage
needs;
3. available ZEBs do not have adequate gradeability performance to
meet the transit agency's daily needs for any bus in its fleet;
4. a required ZEB type for the applicable weight class (based on
gross vehicle weight rating (GVWR)) is unavailable for purchase; or
5. the ZEB purchase requirements in section 2023.1(a) cannot be met
due to financial hardship.\23\
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\23\ Financial hardship would be granted if a fiscal emergency
is declared under a resolution by a transit agency's governing body
following a public hearing, a transit agency can demonstrate that it
cannot offset the incremental cost of purchasing all available zero-
emission buses when compared to the cost of the same type of
conventional bus, or a transit agency can demonstrate that it cannot
offset the managed, net electricity cost for depot charging battery
electric buses when compared to the fuel cost of the same type of
conventional internal combustion engine buses. 13 CCR
2023.4(c)(5)(A).
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In each instance, the regulation sets forth the documentation
required to establish an exemption, and, if fulfilled, the CARB
Executive Officer must issue the exemption, thereby avoiding
problematic ``director's discretion'' with respect to the issuance of
exemptions by the CARB Executive Officer. Lastly, the ICT regulation
includes recordkeeping and reporting requirements that are sufficient
to ensure compliance with the applicable requirements.\24\
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\24\ 13 CCR 2023.8 and 2023.9.
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4. Do the regulations interfere with reasonable further progress (RFP)
and attainment or any other applicable requirement of the Act?
The ICT regulation is an outgrowth of a commital measure for
further deployment of zero-emission bus technologies in the public
transit sector that was adopted by CARB in the 2016 State SIP Strategy.
The ICT regulation would achieve incremental emissions reductions
needed to attain the NAAQS, particularly in the South Coast and San
Joaquin Valley air quality planning areas. Thus, we find that the
approval of the ICT regulation is consistent with CAA section 110(l)
and would not interfere with RFP, attainment or any other applicable
requirement of the Act.
5. Will the State have adequate personnel and funding for the
regulations?
Chapter XIII of CARB's ICT Staff Report addresses economic impacts
associated with the ICT regulation, including personnel requirements
for CARB and fiscal impacts to public transit agencies. CARB's economic
impacts assessment concludes that the ICT regulation would require only
one additional person-year for developing a reporting system and
updating fleet information prior to initial reporting in 2020,
assisting transit agencies with compliance and annual reporting,
[[Page 62341]]
disseminating information to transit fleets, and enforcement (including
auditing reported information, and site visits to confirm vehicle
equipment).\25\ As such, we find that CARB has adequate personnel and
funding for the ICT regulation.
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\25\ CARB's ICT Staff Report, page VIII-28.
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6. EPA's Regulation Evaluation Conclusion
Based on the above discussion, we believe these regulations are
consistent with the relevant CAA requirements, policies and guidance.
C. The EPA's Recommendations To Further Improve the Rules
Several of the defined terms in the ICT regulation reference
definitions set forth in paragraphs of other CCR sections that have
been renumbered since the ICT regulation was adopted. The cross-
references should be updated when CARB next considers amendments to the
ICT regulation. The specific defined terms with the outdated CCR
references include: (1) the term ``compressed natural gas (CNG),''
which should be updated to cite 17 CCR 95481(a)(30) rather than 17 CCR
95481(a)(27); (2) the term ``renewable hydrocarbon diesel,'' which
should be updated to cite 17 CCR 95481(a)(130) rather than 17 CCR
95481(a)(123); and (3) the term ``biomethane,'' which should be updated
to cite 17 CCR 95481(a)(22) rather than 17 CCR 95481(a)(20).
D. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted ICT regulation because it fulfills all
relevant requirements. We will accept comments from the public on this
proposal until November 14, 2022. If we take final action to approve
the submitted ICT regulation, our final action will incorporate the
associated rules 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 California rules listed in tables 1 and 2 and discussed
in Section I of this preamble. The EPA has made, and will continue to
make, these materials available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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:
<bullet> Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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 CAA; and
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 proposed rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
The Innovative Clean Transit regulation furthers state
environmental justice goals by transitioning to clean transportation
modes in low-income and disadvantaged communities. There is no
information in the record inconsistent with the stated goals of E.O.
12898 of achieving environmental justice for people of color, low-
income populations, and indigenous peoples.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 3, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-21910 Filed 10-13-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on October 14, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.