Proposed Rule2024-23270
Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations
Primary source
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Published
October 11, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a revision to the California State Implementation Plan (SIP) consisting of California regulations and related test procedures that were adopted as part of California's Advanced Clean Cars I program and that establish standards and other requirements relating to the control of emissions of greenhouse gases from new passenger cars, light-duty trucks, and medium-duty vehicles. The standards and other requirements relate to 2017 and subsequent model-year passenger cars, light-duty trucks, and medium-duty vehicles. The EPA is proposing to approve the SIP revision because the regulations and related test procedures meet the applicable requirements of the Clean Air Act. If finalized, approval of the regulations and related test procedures as part of the California SIP will make them federally enforceable.
Full Text
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<title>Federal Register, Volume 89 Issue 198 (Friday, October 11, 2024)</title>
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[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Proposed Rules]
[Pages 82553-82560]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23270]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0370; FRL-12152-01-R9]
Approval and Promulgation of Implementation Plans; California;
California Mobile Source Regulations
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)
consisting of California regulations and related test procedures that
were adopted as part of California's Advanced Clean Cars I program and
that establish standards and other requirements relating to the control
of emissions of greenhouse gases from new passenger cars, light-duty
trucks, and medium-duty vehicles. The standards and other requirements
relate to 2017 and subsequent model-year passenger cars, light-duty
trucks, and medium-duty vehicles. The EPA is proposing to approve the
SIP revision
[[Page 82554]]
because the regulations and related test procedures meet the applicable
requirements of the Clean Air Act. If finalized, approval of the
regulations and related test procedures as part of the California SIP
will make them federally enforceable.
DATES: Comments must be received on or before November 12, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0370 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 a disability
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#bbd9cec8c895d1deddddc9dec2fbdecbda95dcd4cd"><span class="__cf_email__" data-cfemail="ff9d8a8c8cd1959a99998d9a86bf9a8f9ed1989089">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Background
II. The State's Submission
A. What regulations did the State submit?
B. Would these regulations be new to the SIP?
C. What is the purpose of the submitted regulations?
III. EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the regulations?
B. Do the State regulations meet CAA SIP evaluation criteria?
C. Proposed Action and Public Comment.
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Under the Clean Air Act (CAA or ``Act''), the EPA establishes
national ambient air quality standards (NAAQS) to protect public health
and welfare. The EPA has established NAAQS for a number of pervasive
air pollutants including ozone, carbon monoxide, nitrogen dioxide,
sulfur dioxide, lead and particulate matter, which are referred to as
``criteria air pollutants.'' Under section 110(a)(1) of the CAA, states
must submit plans that provide for the implementation, maintenance, and
enforcement of the NAAQS within each state. Such plans are referred to
as State Implementation Plans (SIPs) and revisions to those plans are
referred to as SIP revisions. Section 110(a)(2) of the CAA sets forth
the content requirements for SIPs. Among the various requirements, SIPs
must include enforceable emission limitations and other control
measures, means, or techniques that may be necessary or appropriate to
meet the applicable requirements of the CAA. See CAA section
110(a)(2)(A).
Emissions sources contributing to ambient air pollution levels can
be divided into two basic categories: Stationary emissions sources and
mobile emissions sources. With certain exceptions, such as the EPA's
authorities under CAA sections 111 and 112, the CAA assigns stationary
source regulation to the states through title I of the Act and assigns
mobile source regulation to the EPA through title II of the Act. In so
doing, the CAA preempts various types of state regulation of mobile
sources as set forth in section 209(a) (preemption of state emissions
standards for new motor vehicles and engines) and section 209(e)
(preemption of state emissions standards for new and non-new nonroad
vehicles and engines).\1\
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\1\ EPA regulations refer to ``nonroad'' vehicles and engines
whereas California regulations refer to ``off-road'' vehicles and
engines. These terms refer to the same types of vehicles and
engines.
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Under California law, the California Air Resources Board (CARB) is
the State agency responsible for adopting and submitting the California
SIP and SIP revisions to the EPA for approval. Over the years, CARB has
submitted, and the EPA has approved, many county and regional air
district rules regulating stationary source emissions as part of the
California SIP. See generally 40 CFR 52.220(c).
With respect to mobile sources that are specifically preempted
under the CAA, CARB must request a waiver (for motor vehicles and
engines) or authorization (for nonroad engines and vehicles) in order
to enforce standards relating to the control of emissions and
accompanying enforcement procedures for these types of mobile sources.
See CAA sections 209(b) (new motor vehicles) and 209(e)(2) (most
categories of new and non-new nonroad engines and vehicle vehicles).
Over the years, CARB has submitted many requests for waiver or
authorization of its standards and other requirements relating to the
control of emissions from new motor vehicles and engines and new and
non-new nonroad vehicles and engines, and the EPA has granted many such
requests.\2\
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\2\ For example, the EPA has granted waivers for CARB's Advanced
Clean Cars I program (this program includes California's Low
Emission Vehicle (LEV III) criteria and greenhouse gas pollutant
standards for light- and medium-duty vehicles, and a ZEV sales
mandate). See 78 FR 2112 (January 9, 2013) (Advanced Clean Cars
program); 84 FR 51310 (September 27, 2019) (partial withdrawal of
2013 waiver for Advanced Clean Cars program); 87 FR 14332 (March 14,
2022) (reinstatement of 2013 waiver for Advanced Clean Cars
program).
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Once the EPA grants the request for waiver or authorization, CARB
may enforce the corresponding mobile source regulations. In recent
years, CARB has submitted as revisions to the California SIP, and the
EPA has approved, various CARB mobile source regulations that establish
standards and other requirements for the control of emissions from new
motor vehicles and engines and new and non-new nonroad vehicles and
engines for which the EPA has issued waivers or authorizations.\3\
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\3\ 81 FR 39424 (June 16, 2016), 82 FR 14446 (March 21, 2017),
and 83 FR 23232 (May 18, 2018). The Advanced Clean Cars I program
includes LEV III criteria pollutant and greenhouse gas emissions
standards for light- and medium-duty vehicles and a Zero-Emission
Vehicle (ZEV) sales mandate. The EPA's June 16, 2016 SIP approval
included the LEV III criteria pollutant emissions standards, and the
ZEV sales mandate, but not the LEV III greenhouse gas emissions
standards. We are proposing approval of the LEV III greenhouse gas
emissions standards in this document.
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CARB and the air districts rely on these county, regional, and
State stationary and mobile source regulations to meet various CAA
requirements and include the corresponding emissions reductions of
criteria air pollutants or their precursors in the various regional air
quality plans developed to attain and maintain the NAAQS. Precursors
for criteria air pollutants include oxides of nitrogen (NO<INF>X</INF>)
and volatile organic compounds (VOCs) for ozone and particulate matter
(PM). The EPA generally allows California to take credit
[[Page 82555]]
for the corresponding emissions reductions relied upon in the various
regional air quality plans because, among other reasons, the
regulations are approved as part of the SIP and are thereby federally
enforceable as required under CAA section 110(a)(2)(A).
One of the SIP revisions that included CARB mobile source
regulations for which the EPA has granted waivers or authorizations
under CAA section 209 was a SIP revision that CARB submitted to the EPA
on August 14, 2015. CARB's August 14, 2015 SIP revision submission
included, among other regulations, a set of state regulations referred
to as the Advanced Clean Cars (herein, ``ACC I'') program, which was
adopted by CARB in 2012.\4\ The ACC I program, which includes CARB's
Low-Emission Vehicle III (LEV III) and zero-emission vehicle (ZEV)
regulations, provides a single coordinated package of requirements for
controlling criteria air pollutants or their precursors and greenhouse
gas (GHG) emissions for Model Year (MY) 2015 through 2025 passenger
cars, light-duty trucks, and medium-duty passenger vehicles.\5\
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\4\ The ACC program adopted by CARB in 2012 is now referred to
as ``ACC I'' to distinguish it from CARB's newly adopted Advanced
Clean Cars II (``ACC II'') program.
\5\ CARB, Staff Report: Initial Statement of Reasons for
Proposed Rulemaking, Public Hearing to Consider the ``LEV III''
Amendments to the California Greenhouse Gas and Criteria Pollutant
Exhaust and Evaporative Emission Standards and Test Procedures and
to the On-Board Diagnostic System Requirements for Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles, and to the Evaporative
Emission Requirements for Heavy-Duty Vehicles, Release Date:
December 7, 2011, page ES-3. See, also 78 FR 2112 (January 9, 2013).
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Through CARB Resolution 15-40, the CARB Board approved the ACC I
program for inclusion in the California SIP along with many other CARB
measures for which the EPA had issued waivers or authorizations, for
which EPA waivers/authorizations were pending, and for which CARB had
not yet submitted waiver/authorization requests, and it authorized the
CARB Executive Officer to determine which of the measures were
appropriate for submission to the EPA as part of the SIP.\6\ Under the
authority granted in Resolution 15-40, the CARB Executive Officer
included the ACC I program along with many other CARB regulations in
the August 14, 2015 SIP submission for which the EPA had issued waivers
or authorizations, but he did not include the GHG-related provisions of
the ACC I program. In 2016, the EPA finalized approval of CARB's August
14, 2015 SIP submission as submitted by CARB into the State's SIP.\7\
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\6\ CARB, Resolution 15-40, July 23, 2015. Resolution 15-40
includes Attachment A (``Waiver/Authorization List included as set
forth in the Appendix A to the Staff Report, released June 19,
2015''), that identifies the regulations covered by the resolution.
\7\ 81 FR 39124 (June 16, 2016).
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On December 7, 2016, the CARB Executive Officer submitted a second
set of regulations that had been approved for submission as part of the
SIP through CARB Resolution 15-40. The second set of regulations
consists of regulations for which the EPA had granted waivers or
authorizations between August 2015 and December 2016.\8\ On June 15,
2017, the CARB Executive Officer submitted a third set of regulations,
those for which the EPA had granted waivers or authorizations between
December 2016 and June 2017.\9\
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\8\ The EPA approved the second set of regulations at 82 FR
14446 (March 21, 2017). The regulations included in the second set
included regulations establishing emission standard requirements for
Large Spark-Ignition (LSI) engines and Small Off-Road Equipment
(SORE) and on-board diagnostic (OBD) system requirements for
passenger cars, light-duty trucks, medium-duty vehicles and heavy-
duty vehicles.
\9\ The EPA approved the third set of regulations at 83 FR 23232
(May 18, 2018). The regulations included in the third set included
regulations establishing emission standard requirements for
commercial harbor craft (CHC), in-use diesel-fueled transport
refrigeration units (TRUs), on-road heavy-duty diesel engines and
off-highway recreational vehicles.
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On July 3, 2021, CARB submitted the GHG-related provisions from the
ACC I program to the EPA as a SIP revision. As noted previously, these
provisions had not been included in the August 14, 2015 SIP submission.
In this action, the EPA is proposing approval of the regulations and
related test procedures included in CARB's July 3, 2021 SIP submission.
II. The State's Submission
A. What regulations did the State submit?
On July 3, 2021, CARB submitted a SIP revision that included
certain State mobile source GHG emission regulations that had not been
included in CARB's August 14, 2015 SIP revision submission that had
included other elements of its ACC I program.\10\ The SIP submission
package consists of the regulations and related test procedures
comprising the SIP revision itself as well as estimates of the
emissions reductions associated with the GHG-related portions of the
ACC I program and documentation of the public process conducted by CARB
in approving the regulations (including related test procedures) as
part of the California SIP.
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\10\ CARB submitted the SIP revision electronically on July 3,
2021, as attachments to a letter dated July 2, 2021 from Richard W.
Cory, Executive Officer, CARB, to Deborah Jordan, EPA Region IX
Acting Regional Administrator.
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Table 1 lists the specific sections of the California Code of
Regulations (CCR) that are included in the July 3, 2021 SIP revision
along with the corresponding date of CARB's Board hearing during which
the regulations or amendments were adopted, the state rules' effective
dates, and a description of the submitted regulations.
Table 1--Regulations Submitted for Approval on July 3, 2021
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Relevant CARB State effective Description of the
Section No. 13 CCR Rule title hearing date(s) date(s) submitted regulations
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1961.1........................ Greenhouse Gas 01/26/2012...... 08/07/2012...... Amends existing
Exhaust Emission regulation to
Standards and Test account for adoption
Procedures--2009 of a new section
through 2016 Model 1961.3 and updates
Passenger Cars, certain citations
Light-Duty Trucks, and references.
and Medium-Duty
Vehicles.
1961.2........................ Exhaust Emission 09/28/2018...... 12/12/2018...... Updates test
Standards and Test procedure reference.
Procedures--2015 and
Subsequent Model
Passenger Cars,
Light-Duty Trucks,
and Medium-Duty
Vehicles.
[[Page 82556]]
1961.3........................ Greenhouse Gas 01/26/2012, 09/ 08/08/2012, 12/ Establishes fleet
Exhaust Emission 28/2012. 12/2018. average carbon
Standards and Test dioxide emissions
Procedures--2017 and standards for MY
Subsequent Model 2017 and subsequent
Passenger Cars, MY passenger cars,
Light-Duty Trucks, light-duty trucks,
and Medium-Duty and medium-duty
Passenger Vehicles. vehicles.
Establishes nitrous
oxide and methane
exhaust emissions
standards for the
same classification
of vehicles. Other
subsections
establish an
optional compliance
approach and
calculation
procedures for
credits and identify
test procedures,
among other
requirements.
1962.2(g)(6).................. Use of ZEV Credits... 01/26/2012, 11/ 08/07/2012, 12/ Provides for the use
15/2012. 31/2012. of ZEV credits, and
other types of
credits, by
manufacturers.
Provides for ``GHG-
ZEV Over Compliance
Credits'' and
establishes
requirements
relating to
applications, credit
generation and
calculation, use,
and reporting.
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The regulations submitted by CARB and listed in Table 1 incorporate
by reference documents that establish test procedures, among other
requirements, that CARB submitted as part of the July 3, 2021 SIP
revision. Table 2 lists the incorporated documents included in the July
3, 2021 SIP revision.
Table 2--Documents Incorporated by Reference in CARB Regulations Listed
in Table 1 and Submitted as Part of the SIP Revision
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California 2001 through 2014 Model Criteria Pollutant Exhaust Emission
Standards and Test Procedures and 2009 through 2016 and Subsequent
Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last
amended March 22, 2012 (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, adopted March 22, 2012
(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 amended September 28,
2018.
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 (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 (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 (GHG-related provisions).
California 2001 through 2014 Model Criteria Pollutant Exhaust Emission
Standards and Test Procedures and 2009 through 2016 Model Greenhouse
Gas Exhaust Emission standards and Test Procedures for Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles, as last amended December
6, 2012 (GHG-related provisions).
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 (GHG-related provisions).
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B. Would these regulations be new to the SIP?
The regulations included in the July 3, 2021 SIP revision would be
new to the California SIP with the exception of 13 CCR 1961.2
(``Exhaust Emission Standards and Test Procedures--2015 and Subsequent
Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles'').
We approved a previous version of 13 CCR 1961.2 in 2016.\11\ The
amendment to 13 CCR 1961.2 that was submitted on July 3, 2021, updates
the test procedures (incorporated by reference through 13 CCR
1961.2(d)) to conform to the 2018 amendments that CARB made to 13 CCR
1961.3.
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\11\ 81 FR 39424 (June 16, 2016).
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C. What is the purpose of the submitted regulations?
California continues to experience some of the most severe and
persistent air pollution problems in the country. Under the CAA, based
on ambient data collected at numerous sites throughout the State, the
EPA has designated areas within California as nonattainment areas for
the ozone NAAQS and the particulate matter (PM) NAAQS, which includes
both coarse and fine particulate (i.e., PM<INF>10</INF> and
PM<INF>2.5</INF>).\12\ See, generally, 40 CFR 81.305. California also
includes a number of areas that had been previously designated as
nonattainment areas for the carbon monoxide NAAQS that the EPA has
since redesignated as attainment areas because they have attained the
standard; these areas are subject to an approved maintenance plan
demonstrating how they will maintain the carbon monoxide standard into
the future.
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\12\ PM<INF>10</INF> refers to particles with an aerodynamic
diameter less than or equal to a nominal 10 micrometers, and
PM<INF>2.5</INF> refers to particles with an aerodynamic diameter
less than or equal to a nominal 2.5 micrometers.
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Mobile source emissions constitute a significant portion of overall
emissions of criteria air pollutants or their precursors, including
carbon monoxide, VOCs, NO<INF>X</INF>, sulfur dioxide (SO<INF>2</INF>),
and PM in the various air quality nonattainment or maintenance planning
areas within California, and thus, the purpose of CARB's mobile source
regulations is to reduce these emissions
[[Page 82557]]
and thereby help reduce ambient concentrations of criteria pollutants
or their precursors to the level needed to attain and maintain the
NAAQS throughout California.\13\ As noted previously, NO<INF>X</INF>
and VOCs are precursor emissions for both ozone and PM. At elevated
levels, ozone and PM harm human health and the environment by
contributing to premature mortality, aggravation of respiratory and
cardiovascular disease, decreased lung function, visibility impairment,
and damage to vegetation and ecosystems. The purpose of incorporating
CARB's mobile source regulations into the SIP is to make them federally
enforceable and to allow CARB and local air districts to rely on the
related emissions reductions in preparing air quality plans needed to
meet CAA SIP requirements.\14\
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\13\ VOC and NO<INF>X</INF> are precursors responsible for the
formation of ozone, and NO<INF>X</INF> and SO<INF>2</INF> are
precursors for PM<INF>2.5</INF>. SO<INF>2</INF> belongs to a family
of compounds referred to as sulfur oxides. PM<INF>2.5</INF>
precursors also include VOC and ammonia. See 40 CFR 51.1000.
\14\ See Committee for a Better Arvin v. EPA, 786 F.3d 1169 (9th
Cir. 2015).
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As noted previously, CARB's ACC I program, which includes CARB's
LEV III criteria pollutant standards and the ZEV regulations (and LEV
III GHG emission standards that commenced in the 2017 MY), provides a
single coordinated package of requirements for controlling criteria air
pollutants or their precursors and greenhouse gas (GHG) emissions from
passenger cars, light-duty trucks, and medium-duty passenger vehicles.
The EPA previously approved the LEV III criteria pollutant standards
and ZEV regulations of the ACC I program as revisions to the California
SIP.\15\ The GHG emission standards within the ACC I program achieve
additional criteria pollutant emission reductions beyond those produced
by the LEV III criteria pollutant standards and ZEV regulations within
ACC I, and as part of the July 3, 2021 SIP submission package, CARB
provided estimates of emissions reductions resulting from the GHG-
related portions of the ACC I program.\16\
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\15\ 81 FR 39424 (June 16, 2016).
\16\ CARB, Staff Report, Attachment B to Executive Order S-21-
010 (``Emissions Benefits of California's Passenger Vehicle GHG
Standards''), dated July 2, 2021.
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In so doing, CARB evaluated motor vehicle emissions comprehensively
by calculating both ``downstream'' emissions associated with operation
of the motor vehicle itself, i.e., ``Tank-to-Wheel'' (TTW), such as
tailpipe emissions and evaporative losses from a vehicle's fuel system,
and ``upstream'' emissions associated with fuel extraction, processing
and production, and distribution to refueling stations for consumers,
i.e., ``Well-to-Tank'' (WTT) emissions.\17\ With respect to criteria
air pollutants, CARB estimated reductions for the WTT portion of the
emissions profile for, among other years, the three analysis years that
are the most relevant from the standpoint of ozone NAAQS attainment
planning for the South Coast Air Basin--i.e., 2023, 2031, and 2037.\18\
CARB estimates that the GHG-related portions of the ACC I program will
result in a statewide decrease of upstream NO<INF>X</INF> emissions of
51 tons per year (tpy) in 2023, 297 tpy in 2031, and 404 tpy in
2037.\19\ The corresponding estimated statewide emissions reductions of
PM<INF>2.5</INF> will be 7 tpy in 2023, 52 tpy in 2031, and 72 tpy in
2037.\20\
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\17\ Id, page 2.
\18\ 2023, 2031 and 2037 correspond to the ``Extreme'' area
``attainment year ozone season'' for the 1997, 2008 and 2015 ozone
NAAQS, respectively, in the South Coast Air Basin nonattainment
area. See 40 CFR 51.900(g), 51.1100(h), and 51.1300(g) for the
definition of ``attainment year ozone season.''
\19\ CARB, Staff Report, Attachment B to Executive Order S-21-
010 (``Emissions Benefits of California's Passenger Vehicle GHG
Standards''), dated July 2, 2021, page 11, table 5.
\20\ Id.
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III. EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the regulations?
The EPA has evaluated the submitted regulations and amendments
listed in Table 1 against the applicable procedural and substantive
requirements of the CAA for SIPs and SIP revisions and has concluded
that they meet all the applicable requirements. Generally, SIPs must
provide for the implementation, maintenance, and enforcement of the
NAAQS (see CAA section 110(a)(1)); 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
SIPs (and is not prohibited by any provision of Federal or state law
from carrying out such SIPs) (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, reasonable further progress (RFP), or any other
applicable requirement of the Act (see CAA section 110(l)).\21\
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\21\ 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 ensure
equivalent or greater emission reductions of such air pollutants,
does not apply to these regulations or amendments because they are
new regulations or amend regulations previously approved in the
California SIP in 2016, and thus, do not constitute an amendment to
a pre-1990 SIP control requirement.
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B. Do the State regulations meet CAA SIP evaluation criteria?
1. Did the State provide adequate public notification and comment
periods?
Under CAA sections 110(a)(2) and 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.
All the submitted regulations have gone through extensive public
comment processes including CARB's workshop and hearing processes prior
to CARB adoption, and CARB has provided documentation of these
processes as part of CARB's July 3, 2021 SIP submission.
In addition, on June 19, 2015, CARB published a notice of public
hearing to be held on July 23, 2015, to consider adoption and
submission of certain adopted regulations, including the GHG-related
provisions of the ACC I program, as a revision to the California SIP.
CARB held the public hearing on July 23, 2015. No written comments were
submitted to CARB in connection with the proposed SIP revision, and no
public comments were made at the public hearing. At the July 23, 2015
Board Hearing, the CARB Board approved various mobile source
regulations for which the EPA had issued waivers or authorizations or
for which waiver or authorization requests were pending for inclusion
in the SIP, with the specific portions of those regulations required
for SIP submission to be determined by the CARB Executive Officer.\22\
Subsequently, the CARB Executive Officer submitted certain mobile
source regulations to the EPA as attachments to a letter dated August
14, 2015, along with evidence of the public process conducted by CARB
in approving the regulations for inclusion in the SIP.\23\ CARB
included
[[Page 82558]]
public participation documentation from the earlier (August 14, 2015)
SIP submission as part of July 3, 2021 SIP submission.
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\22\ CARB Resolution 15-40, July 23, 2015.
\23\ Letter dated August 14, 2015 from Richard W. Corey,
Executive Officer, CARB, to Jared Blumenfeld, EPA Region IX Regional
Administrator.
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With respect to the 2018 amendments to the GHG-related provisions
of the ACC I program, CARB posted notice on August 7, 2018, of a public
hearing that was held on September 27-28, 2018, along with related
material.\24\ The notice provided six weeks for submission of written
comments. The CARB Board adopted the amendments on September 28,
2018.\25\ CARB finalized the rulemaking package, including responses to
public comments on the amendments, in November 2018.\26\
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\24\ CARB, Notice of Public Hearing to Consider Amendments to
the Low-Emission Vehicle III Greenhouse Gas Emission Regulation,
August 6, 2018.
\25\ CARB Resolution 18-35, September 28, 2018.
\26\ The final rulemaking package consisted of, among other
things, CARB's ``Final Statement of Reasons: Amendments to the Low-
Emission Vehicle III Greenhouse Gas Emission Regulation, November
2018'' (FSOR). Chapter IV of the FSOR provides the summary of
comments and CARB responses.
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As noted previously, the CARB Executive Officer did not include the
GHG-related provisions of the ACC I program in the August 14, 2015 SIP
submission, but he has included those provisions, along with the 2018
amendments, in the July 3, 2021 SIP submission that is the subject of
this proposed action. The CARB Executive Officer submitted the 2012 and
2018 GHG-related provisions of the ACC I program to the EPA as a
revision to the California SIP through CARB Executive Order S-21-010
(dated July 2, 2021).
Upon review of the public participation processes that CARB has
undertaken and documented in the July 3, 2021, SIP submission, we
conclude that CARB's July 3, 2021, SIP submission of the GHG-related
portions of the ACC I program meets the applicable procedural
requirements for SIP revisions under the CAA sections 110(a)(2) and
110(l) and 40 CFR 51.102.
2. Is the SIP revision appropriate for inclusion in the SIP?
CAA section 110(a)(1) requires that SIPs provide for the
implementation, maintenance, and enforcement of the NAAQS. The types of
air pollution and WTT emission benefits that have been identified by
CARB as derived from its passenger vehicle GHG emission standards
(within the ACC I program) have a connection to a number of NAAQS,
including the PM and ozone NAAQS.\27\ The State of California contains
several nonattainment areas for several iterations of the PM and ozone
NAAQS.\28\ As explained previously, NO<INF>X</INF> is a precursor of
both ozone and PM, and reductions in NO<INF>X</INF> emissions can
therefore decrease the concentration of these criteria pollutants. The
GHG emissions standards that we are proposing to approve into the
State's SIP will decrease NO<INF>X</INF> emissions as well as direct PM
emissions, which, along with other emission control measures in the
SIP, will assist the State in achieving the emissions reductions needed
to comply with the various nonattainment planning requirements of the
CAA. As described previously, adoption of these GHG emissions standards
is estimated to result in NO<INF>X</INF> emissions reductions of 51 tpy
in 2023, 297 tpy in 2031, and 404 tpy in 2037. The corresponding
estimated statewide emissions reductions of PM<INF>2.5</INF> are 7 tpy
in 2023, 52 tpy in 2031, and 72 tpy in 2037. We have reviewed these
emission reduction estimates and find they are reasonable and
adequately supported.\29\ As such, we believe that inclusion of the
GHG-portions of the ACC I program in the California SIP is appropriate
under CAA section 110(a)(1).
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\27\ See CARB, Staff Report, Attachment B to Executive Order S-
21-010 (``Emissions Benefits of California's Passenger Vehicle GHG
Standards''), dated July 2, 2021.
\28\ For example, the EPA has designated the Los Angeles-South
Coast Air Basin as an Extreme nonattainment area for the 1-hour
average ozone NAAQS and the 1997, 2008 and 2015 8-hour average ozone
NAAQS, and the EPA has designated the San Joaquin Valley as a
Serious nonattainment area for the 1997 24-hour and annual, 2006 24-
hour and 2012 annual PM<INF>2.5</INF> NAAQS. See, generally, 40 CFR
81.305.
\29\ See Memorandum to Docket EPA-R09-OAR-2024-0370,
``Evaluation of CARB's Criteria Pollutant Emissions Estimates from
the Greenhouse Gas Related Provisions of the Advanced Clean Cars
Program,'' Jeffrey Buss, EPA Region 9, August 2, 2024.
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3. Does the State have adequate legal authority to implement the
regulations?
The California Legislature has granted CARB both general and
specific authority under the California Health & Safety Code (H&SC) to
adopt and implement these regulations. California H&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. California H&SC sections 43013(a) and
43018 provide broad authority to achieve the maximum feasible and cost-
effective emission reductions from all mobile source categories.
As a general matter, as noted previously, the CAA assigns mobile
source regulation to the EPA through title II of the Act and assigns,
with certain exceptions, stationary source regulation to the states
through title I of the Act. In so doing, the CAA preempts various types
of state regulation of mobile sources as set forth in section 209(a)
(preemption of state emissions standards for new motor vehicles and
engines), section 209(e) (preemption of state emissions standards for
new and in-use nonroad vehicles and engines), and section 211(c)(4)(A)
(preemption of state fuel requirements for motor vehicles, i.e., other
than California's motor vehicle fuel requirements for motor vehicle
emission control--section 211(c)(4)(B)). For certain types of mobile
source standards, the State of California may request a waiver (for
motor vehicles) or authorization (for nonroad vehicles or engines) for
standards relating to the control of emissions and accompanying
enforcement procedures. See CAA sections 209(b) (new motor vehicles)
and 209(e)(2) (most categories of new and in-use nonroad vehicles).
The mobile source regulations that are the subject of this proposed
action were submitted by CARB under CAA section 209 with a request for
waiver that the EPA ultimately granted. More specifically, the EPA
granted the waiver for the GHG-related portions of the ACC I program in
2013,\30\ withdrew the waiver in 2019,\31\ and reinstated the waiver in
2022.\32\
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\30\ 78 FR 2111 (January 9, 2013).
\31\ 84 FR 51310 (September 27, 2019).
\32\ 87 FR 14332 (March 14, 2022).
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Thus, the regulations proposed for approval in this action are
covered by an EPA waiver of preemption under the requirements of
section 209(b) of the CAA and thus are no longer preempted under
section 209(a) of the CAA.
In addition, the EPA is unaware of any non-CAA legal obstacle to
CARB's enforcement of the regulations and thus we conclude that the
State has provided the necessary assurances that the State has adequate
authority under State law to carry out the SIP revision (and is not
prohibited by any provision of Federal or State law from carrying out
such SIP) and thereby meets the requirements of CAA section
110(a)(2)(E) with respect to legal authority.
4. Are the regulations enforceable as required under CAA section
110(a)(2)?
We have evaluated the enforceability of the mobile source
regulations included in the July 3, 2021 SIP submission with respect to
applicability and exemptions; standard of conduct and compliance dates;
sunset provisions; discretionary provisions; and test methods,
recordkeeping and
[[Page 82559]]
reporting,\33\ and we have concluded for the reasons given in the
following paragraphs that the regulations are enforceable for the
purposes of CAA section 110(a)(2).
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\33\ 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 find that the GHG-related
provisions of the ACC I program are sufficiently clear as to which
entities and which vehicles or engines are affected by the regulations.
See, e.g., 13 CCR section 1961.3 (introduction section describing
applicability and exemptions).
Second, we find that the regulations are sufficiently specific so
that the entities affected by the regulations are fairly on notice as
to what the requirements and related compliance dates are. For
instance, see the GHG emission requirements in 13 CCR section
1961.3(a).
Third, none of the submitted regulations contain sunset provisions
that automatically repeal the emissions limits by a given date or upon
the occurrence of a particular event, such as the change in the
designation of an area from nonattainment to attainment.
Fourth, a number of the regulations contain provisions that allow
for discretion by CARB's Executive Officer. Such ``director's
discretion'' provisions can undermine enforceability of a SIP
regulation and thus may prevent full approval by the EPA. However, in
the instances of ``director's discretion'' in the submitted
regulations, the discretion that can be exercised by the CARB Executive
Officer is reasonably limited under the terms of the regulations. For
instance, under 13 CCR section 1961.3(a)(3), manufacturers with limited
U.S. sales may request that the Executive Officer establish alternative
fleet average CO<INF>2</INF> standards that would apply instead of the
standards that would otherwise apply under 13 CCR 1961.3(a)(1).
However, the regulation includes specific limits on eligibility \34\
and requires a technology review, among other content requirements, as
part of the application for an alternative standard.\35\ With such
constraints on discretion, the ``director's discretion'' contained in
the regulations would not significantly undermine enforceability of the
rules by citizens or the EPA.
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\34\ See 13 CCR section 1961.3(a)(3)(A) and (B).
\35\ See 13 CCR section 1961.3(a)(3)(C) and (D).
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Lastly, the regulations identify appropriate test methods and
include adequate recordkeeping and reporting requirements sufficient to
ensure compliance with the applicable requirements.\36\
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\36\ These requirements are set forth in the test procedures
incorporated by reference in the regulations and included in the
SIP.
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5. Do the regulations interfere with RFP and attainment or any other
applicable requirement of the Act?
All the State's RFP, attainment, and maintenance plans rely to some
extent on the emission reductions from CARB's mobile source program. In
this instance, CARB has provided criteria air pollutant or precursor
reduction estimates for the GHG-related provisions in the ACC I program
as part of the July 3, 2021 SIP submission package. CARB's estimates
show a net reduction in statewide NO<INF>X</INF> and PM<INF>2.5</INF>
emissions, taking into account the emissions reductions associated with
avoided production and delivery of gasoline and the emissions increases
associated with increased production of electricity and hydrogen to
fuel ZEVs that can be part of manufacturers' demonstrations of
compliance with the GHG standards.\37\ Given the net reduction in
criteria air pollutant or precursor emissions expected to result from
the GHG-related portions of the ACC I program, we find that approving
the mobile source regulations and amendments submitted on July 3, 2021,
as a revision to the California SIP, along with other emission control
measures in the SIP, will assist the State in achieving the emissions
reductions needed to comply with the various nonattainment planning
requirements of the CAA, such as RFP requirements and other
requirements associated with attainment and maintenance plans for the
NAAQS. Therefore, approval of the mobile source regulations and
amendments submitted on July 3, 2021, would not interfere with RFP or
attainment or any other applicable requirement of the CAA for the
purposes of CAA section 110(l).
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\37\ CARB, Staff Report, Attachment B to Executive Order S-21-
010 (``Emissions Benefits of California's Passenger Vehicle GHG
Standards''), dated July 2, 2021, page 6.
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6. Will the State have adequate personnel and funding for the
regulations?
In its SIP revision submission dated August 14, 2015, CARB refers
to the annual approval by the California Legislature of funding and
staff resources for carrying out CAA-related responsibilities and notes
that a large portion of CARB's budget has gone toward meeting CAA
mandates.\38\ CARB indicates that a majority of CARB's funding comes
from dedicated fees collected from regulated emission sources and other
sources such as vehicle registration fees and vehicles license plate
fees and that these funds can only be used for air pollution control
activities.\39\ For the 2024-2025 budget cycle, CARB has over 1,100
positions and almost $560 million dedicated for the mobile source
program developing and enforcing regulations.\40\ Given the
longstanding nature of CARB's mobile source program and its documented
effectiveness at achieving significant reductions from mobile sources,
we find that CARB has provided necessary assurances that the State has
adequate personnel and funding to carry out the mobile source
regulations and amendments submitted for approval on July 3, 2021.
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\38\ Letter from Richard W. Corey, Executive Officer, CARB, to
Jared Blumenfeld, Regional Administrator, EPA Region IX, August 14,
2015.
\39\ Id.
\40\ California Department of Finance, 2024-25 State Budget,
Department Report, 3900 State Air Resources Board, enacted June 26,
2024.
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7. EPA's Evaluation Conclusion
Based on the discussion presented in the previous paragraphs, we
are proposing to find that these regulations are consistent with
relevant CAA requirements, EPA policies, and guidance.
C. Proposed Action and Public Comment
Under section 110(k)(3) of the CAA, and for the reasons given
above, we are proposing to approve a SIP revision submitted by CARB on
July 3, 2021, that includes certain California regulations and related
test procedures that were adopted as part of California's Advanced
Clean Cars I program and that establish standards and other
requirements relating to the control of emissions of greenhouse gases
from new passenger cars, light-duty trucks, and medium-duty vehicles.
The standards and other requirements relate to 2017 and subsequent
model-year passenger cars, light-duty trucks, and medium-duty vehicles.
We are proposing to approve these regulations as part of the California
SIP because our analysis indicates they fulfill all relevant CAA
requirements. If finalized, approval of the regulations and related
test procedures as part of the California SIP will make them federally
enforceable. We will accept comments from the public on this proposal
until November 12, 2024.
IV. 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
[[Page 82560]]
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference certain sections of title 13 of the California Code of
Regulations that establish standards and other requirements relating to
the control of emissions of greenhouse gases from new passenger cars,
light-duty trucks, and medium-duty vehicles and the related test
procedures, as described in section II of this preamble. The EPA has
made, and will continue to make, these materials available through
<a href="http://www.regulations.gov">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).
V. 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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it proposes to approve a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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 Act.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
The EPA defines EJ as ``the fair treatment and meaningful involvement
of all people regardless of race, color, national origin, or income
with respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies.'' The EPA further
defines the term fair treatment to mean that ``no group of people
should bear a disproportionate burden of environmental harms and risks,
including those resulting from the negative environmental consequences
of industrial, governmental, and commercial operations or programs and
policies.''
CARB did not evaluate EJ considerations as part of its SIP
submission; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. The EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being proposed here, this proposed action is expected to
have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving EJ for communities with EJ concerns.
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.
Dated: October 2, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-23270 Filed 10-10-24; 8:45 am]
BILLING CODE 6560-50-P
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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.