Proposed Rule2024-30246
Air Plan Revisions; California; California Mobile Source Regulations
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
December 19, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve all or portions of two submissions by the State of California ("State") to revise its State Implementation Plan (SIP). The submissions consist of State regulations establishing standards and other requirements relating to the control of emissions from certain new on-road vehicles and engines. The EPA is proposing to approve the SIP revision because the regulations meet the applicable requirements of the Clean Air Act. If finalized, approval of the regulations as part of the California SIP will make them Federally enforceable.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 244 (Thursday, December 19, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Proposed Rules]
[Pages 103726-103733]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30246]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0588; FRL-12486-01-R9]
Air Plan Revisions; California; California Mobile Source
Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve all or portions of two submissions by the State of California
(``State'') to revise its State Implementation Plan (SIP). The
submissions consist of State regulations establishing standards and
other requirements relating to the control of emissions from certain
new on-road vehicles and engines. The EPA is proposing to approve the
SIP revision because the regulations meet the applicable requirements
of the Clean Air Act. If finalized, approval of the regulations as part
of the California SIP will make them Federally enforceable.
DATES: Comments must be received on or before January 21, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0588 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: Rory Mays, EPA Region IX, 75 Hawthorne
St., San Francisco, CA 94105; phone: (415) 972-3227; email:
<a href="/cdn-cgi/l/email-protection#5439352d277a263b262d143124357a333b22"><span class="__cf_email__" data-cfemail="7419150d075a061b060d341104155a131b02">[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 Submissions
A. What regulations did the State submit?
B. Are there other versions of these regulations in the SIP?
C. What is the purpose of the submitted regulations?
D. What requirements do the regulations establish?
III. EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the regulations?
B. Do the State's regulations meet CAA SIP evaluation criteria?
C. Proposed Action and Public Comment
IV. Environmental Justice Considerations
V. Incorporation by Reference
VI. 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 certain pervasive air
pollutants including ozone, carbon monoxide, nitrogen dioxide, sulfur
dioxide, lead, and particulate matter. 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 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 as 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. As a general matter, the CAA assigns
stationary source regulation and SIP development responsibilities 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), section 209(e) (preemption of State
emissions standards for new and in-use off-road vehicles and
engines),\1\ and section 211(c)(4)(A) (preemption of State fuel
requirements for motor vehicle emission control other than California's
motor vehicle fuel requirements for motor
[[Page 103727]]
vehicle emission control as authorized by section 211(c)(4)(B)).
---------------------------------------------------------------------------
\1\ EPA regulations refer to ``nonroad'' vehicles and engines
whereas California Air Resources Board (CARB) regulations refer to
``off-road'' vehicles and engines. These terms refer to the same
types of vehicles and engines, and for the purposes of this action,
we will be using CARB's chosen term, ``off-road,'' to refer to such
vehicles and engines.
---------------------------------------------------------------------------
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
regulation of mobile sources not specifically preempted by the CAA,
CARB has submitted, and the EPA has approved, certain specific State
regulatory programs or regulations, such as the various fuels
regulations, the inspection and maintenance program for light-duty and
other vehicles (also known as the ``Smog Check'' program), the Heavy
Duty Vehicle Inspection Program (HDVIP)/Periodic Smoke Inspection
Program (PSIP), and the Innovative Clean Transit Regulation.\2\ See
generally 40 CFR 52.220a(c).
---------------------------------------------------------------------------
\2\ See 75 FR 26653 (May 12, 2010) (revisions to California on-
road reformulated gasoline and diesel fuel regulations), 75 FR 38023
(July 1, 2010) (revisions to California Smog Check program), 87 FR
27949 (May 10, 2022) (HDVIP/PSIP), and 88 FR 10049 (February 16,
2023) (Innovative Clean Transit Regulation).
---------------------------------------------------------------------------
CARB and the California air districts rely on these county,
regional, and State stationary and mobile source regulations to meet
various CAA requirements and account for the corresponding emissions
reductions in the various regional air quality plans developed to
attain and maintain the NAAQS. The EPA generally allows California to
take credit 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).
With respect to mobile sources that are specifically preempted
under the CAA, CARB must request a waiver (for motor vehicles) or
authorization (for off-road engines and equipment) from the EPA in
order to enforce standards relating to the control of emissions from
these types of mobile sources. See CAA sections 209(b) (new motor
vehicles) and 209(e)(2) (most categories of new and in-use off-road
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 on-road and new and in-use off-road
vehicles and engines, and the EPA has granted many such requests. Once
the EPA grants the request for waiver or authorization, CARB may
enforce the corresponding mobile source regulations and may rely on the
related emissions reductions to meet CAA requirements, and until 2015,
the EPA had approved California air quality plans that took credit for
emissions reductions from such regulations, notwithstanding the fact
that California had not submitted these particular regulations as part
of the California SIP.
The EPA's longstanding practice of approving California plans that
rely on emissions reductions from such ``waiver measures,''
notwithstanding the lack of approval as part of the SIP, was challenged
in several petitions filed in the Ninth Circuit Court of Appeals. In a
2015 decision, the Ninth Circuit held in favor of the petitioners on
this issue and concluded that CAA section 110(a)(2)(A) requires that
all State and local control measures on which SIPs rely to attain the
NAAQS be included in the SIP, including the ``waiver measures,'' and
thereby subject to enforcement by the EPA and members of the general
public. See Committee for a Better Arvin v. EPA, 786 F.3d 1169 (9th
Cir. 2015).
In response to the decision in Committee for a Better Arvin v. EPA,
CARB made SIP submissions on August 14, 2015; December 7, 2016; and
June 15, 2017; consisting of State mobile source regulations that
establish standards and other requirements for the control of emissions
from various new on-road and new and in-use off-road vehicles and
engines for which the EPA had issued waivers or authorizations and that
California regional plans rely upon to attain and maintain the NAAQS.
The EPA took final action on those SIP revisions at 81 FR 39424 (June
16, 2016), 82 FR 14446 (March 21, 2017), and 83 FR 23232 (May 18,
2018), respectively. In this document, the EPA is proposing action on
two SIP submissions submitted by CARB on August 8, 2023, and June 25,
2024, which include four new or amended CARB mobile source regulations
for which the EPA issued waivers in 2023 as discussed further in the
following sections of this document.
II. The State's Submissions
A. What regulations did the State submit?
CARB submitted two SIP revisions that include four mobile source
regulations and documentation of the public process conducted by CARB
in adopting and submitting the regulations for inclusion in the
California SIP. Specifically, on August 8, 2023, CARB submitted the
Advanced Clean Trucks Regulation, Heavy-Duty Warranty Regulations and
Maintenance Provisions, and Zero-Emission Airport Shuttle Regulation to
the EPA.\3\ On June 25, 2024, CARB submitted the Alternative
Certification Requirements and Test Procedures for Heavy-Duty Electric
and Fuel-Cell Vehicles and Proposed Standards and Test Procedures for
Zero-Emission Powertrains (herein referred to as the ``Zero-Emission
Powertrain Certification Regulation'') to the EPA.\4\
---------------------------------------------------------------------------
\3\ CARB submitted the Advanced Clean Trucks Regulation, Heavy-
Duty Warranty Regulation and Maintenance Provisions, and the Zero-
Emission Airport Shuttle Regulation to the EPA electronically on
August 8, 2023, as attachments to a letter dated July 12, 2023, from
Steven S. Cliff, Ph.D., Executive Officer, CARB to Martha Guzman,
Regional Administrator, EPA Region IX.
\4\ CARB submitted the Zero-Emission Powertrain Certification
Regulation to the EPA electronically on June 25, 2024, as
attachments to a letter dated June 25, 2024, from Steven S. Cliff,
Ph.D., Executive Officer, CARB to Martha Guzman, Regional
Administrator, EPA Region IX. This SIP submission included
additional SIP revisions that the EPA will address in separate
rulemakings, including the Clean Miles Standard Regulation and
several amendments to CARB's consumer products regulations.
---------------------------------------------------------------------------
For the four mobile source regulations that are the subject of this
proposed action, CARB requested and the EPA has granted the appropriate
waiver under CAA section 209. Table 1 lists each regulation and
identifies the applicable mobile source category to which it applies,
the relevant sections of the California Code of Regulations (CCR), the
corresponding date of adoption by the CARB Board, and the notice of
decision in which the EPA granted the relevant waiver.
[[Page 103728]]
Table 1--Summary of CARB Mobile Source Regulations Submitted as SIP Revisions
----------------------------------------------------------------------------------------------------------------
Relevant sections of
CARB regulation/source category California Code of CARB Board adoption date EPA notice of
Regulations (CCR) decision
----------------------------------------------------------------------------------------------------------------
Advanced Clean Trucks Regulation/On- New sections: 13 CCR June 25, 2020............... 88 FR 20688 (April 6,
Road Medium- and Heavy-Duty Sec. Sec. 1963, 2023).
Vehicles. 1963.1-1963.5, 2012,
2012.1, 2012.2,
effective for State
law purposes on March
15, 2021.
Heavy-Duty Warranty Regulations and Amended sections: 13 June 28, 2018............... 88 FR 20688 (April 6,
Maintenance Provisions/On-Road CCR Sec. Sec. 2023).
Diesel-Powered Heavy-Duty Vehicles. 1956.8, 2035, 2036,
2040, and the
document incorporated
by reference (see
Table 2 of this
document), effective
for State law
purposes on October
1, 2019.
Zero-Emission Airport Shuttle New sections: 17 CCR June 27, 2019............... 88 FR 20688 (April 6,
Regulation/Airport Shuttles. Sec. Sec. 95690.1- 2023).
95690.8, effective
for State law
purposes on April 1,
2020.
Zero-Emission Powertrain Amended sections: 13 June 27, 2019............... 88 FR 20688 (April 6,
Certification Regulation/Medium- CCR Sec. 1956.8 and 2023).
and Heavy-Duty Electric and Fuel- 17 CCR Sec. 95663,
Cell Vehicles. and the documents
incorporated by
reference (see Table
2 of this document),
effective for State
law purposes on April
1, 2020.
----------------------------------------------------------------------------------------------------------------
The Heavy-Duty Warranty Regulations and Maintenance Provisions and
the Zero-Emission Powertrain Certification Regulation incorporate by
reference documents that amend or establish test procedures, among
other things. Table 2 lists the incorporated documents included in the
SIP submissions.
Table 2--Documents Incorporated by Reference in Certain Regulations
Listed in Table 1 and Submitted as Part of SIP Revision
------------------------------------------------------------------------
-------------------------------------------------------------------------
On-Road Diesel-Powered Heavy-Duty Vehicles
------------------------------------------------------------------------
California Exhaust Emission Standards and Test Procedures for 2004 and
Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as amended
April 18, 2019.
------------------------------------------------------------------------
Heavy-Duty Electric and Fuel-Cell Vehicles
------------------------------------------------------------------------
California Greenhouse Gas Exhaust Emission Standards and Test Procedures
for 2014 and Subsequent Model Heavy-Duty Vehicles, as last amended on
June 27, 2019.
California Standards and Test Procedures for New 2021 and Subsequent
Model Heavy-Duty Zero-Emission Powertrains, as adopted June 27, 2019.
------------------------------------------------------------------------
B. Are there other versions of these regulations in the SIP?
All the rules that comprise the Advanced Clean Trucks Regulation
and the Zero-Emission Airport Shuttle Regulation would be new to the
California SIP.
The Heavy-Duty Warranty Regulations and Maintenance Provisions
amend 13 CCR 1956.8, specifically subsection (b), and certain test
procedures, which the EPA last approved in 2018.\5\ The other sections
of the CCR that comprise the Heavy-Duty Warranty Regulations and
Maintenance Provisions would be new to the SIP.
---------------------------------------------------------------------------
\5\ 83 FR 23232 (May 18, 2018).
---------------------------------------------------------------------------
The Zero-Emission Powertrain Certification Regulation amends the
subsections of 13 CCR 1956.8 that relate to emissions standards and
definitions. The EPA most recently approved those subsections in
2016.\6\ The amendments to 17 CCR 95663 and the new or amended test
procedures would be new to the SIP.
---------------------------------------------------------------------------
\6\ 81 FR 39424.
---------------------------------------------------------------------------
C. What is the purpose of the submitted regulations?
California has experienced some of the most severe and most
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>). See, generally, 40 CFR 81.305. Several areas in
California that had been designated as nonattainment areas for the
carbon monoxide NAAQS have been redesignated by the EPA as attainment
areas because California has attained the standard in those areas and
is subject to an approved maintenance plan demonstrating how the State
will maintain the carbon monoxide standard into the future.
Mobile source emissions constitute a significant portion of overall
emissions of carbon monoxide, ozone precursors including volatile
organic compounds (VOC) and oxides of nitrogen (NO<INF>X</INF>), and
direct PM and PM precursors including NO<INF>X</INF> and sulfur dioxide
(SO<INF>2</INF>) in the various air quality planning areas within
California.\7\ Thus, a main purpose of CARB's mobile source regulations
in general, and the mobile source regulations that are subject of this
proposed action in particular, is to reduce these emissions and thereby
reduce ambient concentrations of these pollutants to help California
attain and maintain the NAAQS throughout the State.\8\ At elevated
levels, ozone and PM
[[Page 103729]]
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.
---------------------------------------------------------------------------
\7\ 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.
\8\ See, e.g., 13 CCR section 1963(a) and Attachment A to CARB
Resolution 20-19, June 25, 2020, p. 18 (Advanced Clean Trucks
Regulation); CARB Resolution 18-24, June 28, 2018, pp. 8-9 (Heavy-
Duty Warranty Regulations and Maintenance Provisions); and CARB
Resolution 19-8, February 21, 2019, p. 7 (Zero-Emission Airport
Shuttle Regulation).
---------------------------------------------------------------------------
CARB adopted the mobile source regulations that are the subject of
this proposed action to address, in part, commitments made by CARB as
part of the ``Revised Proposed 2016 State Strategy for the State
Implementation Plan'' (March 7, 2017) (``2016 State SIP Strategy'') and
the ``San Joaquin Valley Supplement to the 2016 State Strategy for the
State Implementation Plan'' (October 25, 2018) (``Valley State SIP
Strategy'').\9\ CARB adopted the 2016 State SIP Strategy to provide, in
combination with local measures, a plan for achieving emission
reductions necessary to attain the ozone NAAQS across California. CARB
adopted the supplemental Valley State SIP Strategy to provide a plan
for achieving additional emission reductions necessary to attain the
PM<INF>2.5</INF> NAAQS in San Joaquin Valley.
---------------------------------------------------------------------------
\9\ The EPA approved the 2016 State SIP Strategy at 84 FR 3302
(February 12, 2019) (corrected at 84 FR 19680, May 3, 2019), and at
84 FR 52005 (October 1, 2019). The EPA approved the Valley State SIP
Strategy at 85 FR 44192 (July 22, 2020).
---------------------------------------------------------------------------
The 2016 State SIP Strategy and the Valley State SIP Strategy
included commitments to develop and bring to the CARB Board for
consideration the Last Mile Delivery and Zero-Emission Airport Shuttle
Buses measures.\10\ The Last Mile Delivery measure became the Advanced
Clean Trucks Regulation and the Zero-Emission Airport Shuttle Buses
measure became the Zero-Emission Airport Shuttle Regulation. The Valley
State SIP Strategy expanded the 2016 State Strategy's Lower In-Use
Performance Level measure to include a commitment to develop and bring
to the CARB Board for consideration the Amended Warranty Requirements
for Heavy-Duty Vehicles measure, which became the Heavy-Duty Warranty
Regulations and Maintenance Provisions. The Zero-Emission Powertrain
Certification Regulation supports other CARB regulations, including the
Advanced Clean Trucks Regulation.\11\
---------------------------------------------------------------------------
\10\ CARB Executive Order S-23-011, dated July 12, 2023, p. 2.
\11\ CARB Resolution 24-4, May 23, 2024, p. 2.
---------------------------------------------------------------------------
In addition, CARB's ``2022 State Strategy for the State
Implementation Plan'' (``2022 State SIP Strategy'') was adopted as part
of the State's plan to attain the 2015 ozone NAAQS, which relies upon
emission reductions from the regulations evaluated herein.\12\ Lastly,
we note that the Advanced Clean Truck Regulation is included
specifically in the most recent EPA-approved version of CARB's EMFAC
on-road vehicle emissions factor model, EMFAC2021.\13\ The EPA approved
EMFAC2021 for use in SIP development and transportation conformity in
California.
---------------------------------------------------------------------------
\12\ CARB, 2022 State SIP Strategy, adopted September 22, 2022.
\13\ The EPA approved EMFAC2021 at 87 FR 68483 (November 15,
2022).
---------------------------------------------------------------------------
D. What requirements do the regulations establish?
In the following paragraphs, we briefly summarize some of the key
emission control requirements in the new or amended regulations
addressed in this proposed action and listed in table 1 of this
document. For further detail on each provision of the CCR that has been
submitted for incorporation into the California SIP for these new or
amended regulations, see the December 2024 ``EPA Technical Support
Document on California Air Resources Board Mobile Source Regulation SIP
Submissions.''
The Advanced Clean Trucks Regulation requires that manufacturers
produce and sell increasing percentages of medium- and heavy-duty zero-
emission vehicles (ZEVs) and near zero-emission vehicles (NZEVs) in
California in each model year. These quantities of vehicles are based
on increasingly higher percentages of manufacturers' annual sales of
on-road medium- and heavy-duty vehicles, beginning in the 2024 model
year.
The Heavy-Duty Warranty Regulations and Maintenance Provisions
extend the emissions warranty periods for 2022 and subsequent model
year on-road heavy-duty diesel engines and for 2022 and subsequent
model year diesel vehicles with a gross vehicle weight rating exceeding
14,000 pounds powered by such engines.
The Zero-Emission Airport Shuttle Regulation establishes steadily
increasing zero-emission airport shuttle fleet composition requirements
for airport shuttle fleet owners who service the thirteen largest
California airports.
The Zero-Emission Powertrain Certification Regulation establishes
certification requirements and optional emission standards for 2021 and
subsequent model year medium- and heavy-duty ZEVs and the zero-emission
powertrains installed in such vehicles.
For more information on these four regulations, see 88 FR 20688
(April 6, 2023).
III. EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the regulations?
The EPA has evaluated the submitted regulations discussed in
section II of this document against the applicable procedural and
substantive requirements of the CAA for SIPs and SIP revisions and is
proposing to conclude that they meet all the applicable requirements.
Generally, SIPs must include enforceable emission limitations and other
control measures, means, or techniques, including 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 (including that the
State 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)).\14\
---------------------------------------------------------------------------
\14\ 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 these regulations because they are new regulations
or amended regulations previously approved in the California SIP in
2016 and 2018, and thus, do not constitute an amendment to a pre-
1990 SIP control requirement.
---------------------------------------------------------------------------
B. Do the State's 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), the EPA
specifies 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 of each regulation, and CARB has provided
documentation of these processes as part of its SIP submissions.
[[Page 103730]]
Additionally, the EPA's waiver process provided a separate opportunity
for the public to submit written comment and to request public hearings
to present information relevant to the separate action in which EPA
evaluated CARB's request for the relevant waivers and authorizations
under section 209 of the CAA.\15\
---------------------------------------------------------------------------
\15\ The EPA's actions issuing the relevant waivers are separate
actions outside the scope of this rulemaking. Thus, we are not
soliciting comments on the issuance of waivers as part of this
action.
---------------------------------------------------------------------------
In table 3, for each of the subject CARB regulations, we list the
date that CARB published notice of public hearing, the date of the
public hearing, the resolution through which CARB adopted the
regulations, and the CARB resolution or Executive Order through which
CARB adopted the regulation as part of the California SIP.
Table 3--Key Dates Leading to Adoption and Submission of CARB Regulations Addressed in This Proposed Action
----------------------------------------------------------------------------------------------------------------
CARB Board
resolution or
CARB Board Executive Order
Date of notice of Date of public resolution of (E.O.) of
CARB regulation public hearing hearing adoption of adoption of
regulation regulation as
revision to
California SIP
----------------------------------------------------------------------------------------------------------------
Advanced Clean Trucks Regulation October 8, 2019... December 12, 2019. Resolution 20-19, Resolution 20-19
June 25, 2020. and E.O. S-23-
011, July 12,
2023.
Heavy-Duty Warranty Regulations April 24, 2018.... June 28, 2018..... Resolution 18-24, Resolution 18-24
and Maintenance Provisions. June 28, 2018. and E.O. S-23-
011, July 12,
2023.
Zero-Emission Airport Shuttle December 18, 2018. February 21, 2019. Resolution 19-16, E.O. S-23-011,
Regulation. June 27, 2019. July 12, 2023.
Zero-Emission Powertrain December 18, 2018. February 21, 2019. Resolution 19-15, Resolution 24-4,
Certification Regulation. June 27, 2019. May 23, 2024.
----------------------------------------------------------------------------------------------------------------
Based on the public participation processes that CARB has
undertaken and documented for the four regulations in the two relevant
SIP submissions, CARB's SIP submissions of the four regulations meet
the applicable procedural requirements for SIP revisions under the CAA
sections 110(a)(2) and 110(l) and 40 CFR 51.102.
2. Does the State have adequate legal authority to implement the
regulations?
CARB has been granted 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. Regarding in-use motor
vehicles, California H&SC sections 43600 and 43701(b), respectively,
grant CARB authority to adopt emission standards and emission control
equipment requirements.
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 and were granted such waiver by the EPA.\16\ Thus, the
regulations we are proposing to approve in this document are not
preempted under the CAA. For additional information regarding
California's motor vehicle emission standards, please see the EPA's
``California Waivers and Authorizations'' web page at URL address:
<a href="https://www.epa.gov/state-and-local-transportation/vehicle-emissions-california-waivers-and-authorizations">https://www.epa.gov/state-and-local-transportation/vehicle-emissions-california-waivers-and-authorizations</a>. This website also lists relevant
Federal Register notices that have been issued by the EPA is response
to California waiver and authorization requests.
---------------------------------------------------------------------------
\16\ We note that the EPA's waiver published at 88 FR 20688 for
CARB's Advanced Clean Trucks Regulation, Heavy-Duty Warranty
Regulations and Maintenance Provisions, Zero-Emission Airport
Shuttle Regulation, and Zero-Emission Powertrain Certification
Regulation has been challenged in the U.S. Court of Appeals for the
D.C. Circuit. The individual related challenges have been
consolidated into Western States Trucking Association v. EPA, 23-
1143. The Western States Trucking Association v. EPA case is
currently in abeyance pending the Court's resolution of Ohio v. EPA,
No. 22-1081, and Texas v. EPA, No. 22-1031. If the EPA's waiver
decision is overturned by the Court before we take final action on
the subject regulations as revisions to the California SIP, then we
will reconsider this proposed approval in light of the decision.
---------------------------------------------------------------------------
In addition, the EPA is unaware, at the present time, of any non-
CAA legal obstacle to CARB's enforcement of the regulations \17\ and
CARB 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.
---------------------------------------------------------------------------
\17\ We note that the petitioners in Western States Trucking
Association have raised certain non-CAA claims as well.
---------------------------------------------------------------------------
3. Are the regulations enforceable as required under CAA section
110(a)(2)?
We have evaluated the enforceability of the new or amended mobile
source regulations with respect to applicability and exemptions;
standard of conduct and compliance dates; sunset provisions;
discretionary provisions; and test methods, recordkeeping, and
reporting; \18\ the amended regulations would be enforceable for the
purposes of CAA section 110(a)(2) for the reasons presented in the
following paragraphs.
---------------------------------------------------------------------------
\18\ 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,'' September 23,
1987.
---------------------------------------------------------------------------
First, with respect to applicability, the new or amended
regulations are sufficiently clear as to which persons and which
vehicles or engines are affected by the regulations. See, e.g., 13 CCR
sections 1963(b) and (e) (applicability and exemption provisions for
the Advanced Clean Trucks Regulation), and 17 CCR sections 95690.3 and
95690.6 (applicability and exemption provisions for the Zero-Emission
Airport Shuttle Regulation).
Second, the new or amended regulations are sufficiently specific so
that the persons affected by the regulations are on notice as to what
the requirements and related compliance
[[Page 103731]]
dates are. For example, see the model-year-specific deficit and credit
generation and compliance demonstration provisions set forth in the
Advanced Clean Truck Regulation at 13 CCR sections 1963.1, 1963.2, and
1963.3; and the fleet requirements and compliance dates set forth in
the Zero-Emission Airport Shuttle Regulation at 17 CCR section 95690.5.
Third, none of the new or amended 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, with the exception of certain provisions in the Zero-
Emission Airport Shuttle Regulation, as described in the following
paragraphs, the new or amended regulations do not contain provisions
that allow for discretion on the part of CARB's Executive Officer. As a
general matter, such ``director's discretion'' provisions can undermine
enforceability of a SIP regulation, and thus prevent full approval by
the EPA.
Under 17 CCR section 95690.7(a), the Zero-Emission Airport Shuttle
Regulation authorizes the CARB Executive Officer to grant a fleet owner
an extension to the compliance deadline or purchase replacement
requirement for a fleet that is domiciled in a facility with site
limitations that either prevent adequate zero-emission charging
infrastructure from being installed, or if installed, would not allow
for safe ingress and egress at the facility. However, under the
Regulation, the CARB Executive Officer may grant only one
``infrastructure facility extension'' to a given fleet owner, and the
extension can be granted for not more than two years. Under 17 CCR
section 95690.7(b), the CARB Executive Officer may grant a fleet owner
an extension to the compliance deadline or purchase replacement
requirement due to unforeseen, temporary, or extenuating circumstances
outside of the fleet owner's control. The extension provided for in 17
CCR section 95690.7(b) is not limited to a single instance for a given
fleet owner or limited in duration. With respect to either type of
extension, we note that 17 CCR section 95960.7(c) specifies an
application process, provides for a 30-day public comment period on any
such application, requires CARB consider and address comments received
during the public comment period, and to make the notification to the
applicant (if the application is denied) or approved plan (if the
application is approved) available to the public on the CARB Zero-
Emission Airport Shuttle website.
As noted, director's discretion provisions can undermine
enforceability of a SIP regulation, and while the provisions requiring
public review and comment on extension applications provide beneficial
public participation opportunities and transparency, they do not fully
mitigate the identified deficiencies. However, due to the time
constraints built into the ``infrastructure facility extension'' under
17 CCR section 95960.7(a) and the limited circumstances under which the
CARB Executive Officer may grant extensions under 17 CCR section
95690.7(b), we propose to find that the deficiencies with respect to
enforceability would not significantly undermine enforcement of the
Regulation by citizens or the EPA and thus do not prevent the EPA from
proposing approval of the Zero-Emission Airport Shuttle Regulation as a
SIP-strengthening measure.
Lastly, the new or amended regulations identify appropriate test
methods and include adequate recordkeeping and reporting requirements
sufficient to ensure compliance with the applicable requirements. See,
e.g., the reporting and recordkeeping requirements set forth in the
Advanced Clean Trucks Regulation at 13 CCR section 1963.4 and in the
Zero-Emission Airport Shuttle Regulation at 17 CCR section 95690.4.
4. Do the regulations interfere with reasonable further progress and
attainment or any other applicable requirement of the Act?
All the State's reasonable further progress (RFP), attainment, and
maintenance plans rely to some extent on the emission reductions from
CARB's mobile source program, including the emissions standards and
other requirements for which the EPA has issued waivers or
authorizations. CARB's mobile source program is accounted for in the
emissions estimates for mobile sources that are included in the
emissions inventories that form the quantitative basis for the RFP,
attainment, and maintenance demonstrations. The new and amended
regulations evaluated herein would reduce criteria pollutant
emissions.\19\
---------------------------------------------------------------------------
\19\ The EPA stated in the Notice of Decision for the waivers of
CAA preemption for the regulations proposed here that, ``Although
nothing in the statutory text limits California's program or the
associated waivers to a certain category of air pollution problems,
the EPA notes that each of the regulations contained in the two
waiver requests from CARB is clearly designed to address emissions
of criteria pollutants and will have that effect, regardless of
whether some also reduce greenhouse gases.'' 88 FR 20688, 20702.
---------------------------------------------------------------------------
Based on CARB estimates, these four new and amended regulations,
considered together, would reduce statewide direct PM<INF>2.5</INF>
emissions by approximately 0.11 tons per day (tpd) in 2030 and
statewide NO<INF>X</INF> emissions by approximately 5 tpd in 2031 and
12 tpd in 2037.\20\ In doing so, these control measures support
California's plans to attain the 2012 annual PM<INF>2.5</INF> NAAQS by
2030 (for the Serious areas of Los-Angeles-South Coast Air Basin and
San Joaquin Valley),\21\ the 2008 ozone NAAQS by 2031 (for the Extreme
areas of Los Angeles-South Coast Air Basin, San Joaquin Valley, and
Riverside County (Coachella Valley)), and the 2015 ozone NAAQS by 2037
(for the Extreme areas of Los Angeles-South Coast Air Basin, San
Joaquin Valley, and Riverside County (Coachella Valley)).\22\ They also
support California's plans to attain the 2015 ozone NAAQS by 2032 for
three Severe-15 areas in California (i.e., Los Angeles-San Bernardino
Counties (West Mojave Desert), Kern County (Eastern Kern), and
Sacramento Metro).\23\
---------------------------------------------------------------------------
\20\ The emissions estimates are based on emissions data
presented in the Initial Statement of Reasons (ISOR) published by
CARB for each of the four individual regulatory actions considered
herein, including appendix F of the ISOR documents for the Advanced
Clean Trucks Regulation and the Heavy-Duty Warranty Regulations and
Maintenance Provisions. We include the relevant ISORs in the docket
for this rulemaking. See also, EPA Region IX, ``Summary of Statewide
Emission Reduction Estimates by CARB for Each of Four On-Road
Regulations,'' December 2024.
\21\ CARB has requested an attainment date extension from
December 31, 2025, to December 31, 2030, under CAA section 188(e)
for the Los Angeles-South Coast Air Basin and San Joaquin Valley
Areas. See CARB Resolution 24-7, June 27, 2024, p. 3 (Los Angeles-
South Coast Air Basin) and CARB Resolution 24-10, July 25, 2024, p.
3 (San Joaquin Valley).
\22\ The Riverside County (Coachella Valley) nonattainment area
is currently classified as Severe-15 for the 2015 ozone NAAQS but
CARB has requested reclassification from Severe-15 to Extreme for
this area.
\23\ The Kern County (Eastern Kern) and Sacramento Metro
nonattainment areas are currently classified as Serious for the 2015
ozone NAAQS but CARB has requested reclassification from Serious to
Severe-15 for both areas.
---------------------------------------------------------------------------
Moreover, as discussed in more detail in Section II.C of this
document, the new or amended regulations that are evaluated herein were
adopted to fulfill certain commitments made by CARB in the 2016 State
SIP Strategy and Valley State SIP Strategy and are relied upon in the
2022 State SIP Strategy. As such, the new and amended regulations would
support the various RFP, attainment, and maintenance plans, and would
not interfere with such requirements for the purposes of CAA section
110(l).
[[Page 103732]]
5. Will the State have adequate personnel and funding for the
regulations?
In previous SIP submissions dated August 14, 2015, and October 1,
2018, 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.<SUP>24 25</SUP> 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.\26\ For the
2024-2025 budget cycle, CARB has over 1,100 positions and almost $560
million dedicated to developing and enforcing the mobile source program
regulations.\27\ Given the longstanding nature of CARB's mobile source
program, its adequate personnel and funding dedicated to developing and
enforcing the mobile source program regulations, and its history of
effective implementation of similar regulations as illustrated by the
documented mobile source emissions reductions achieved,\28\ 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 August 8, 2023, and June 25, 2024.
---------------------------------------------------------------------------
\24\ Letter dated August 14, 2015, from Richard W. Corey,
Executive Officer, CARB, to Jared Blumenfeld, Regional
Administrator, EPA Region IX, p. 2 (for a prior set of mobile source
regulations).
\25\ Letter dated October 1, 2018, from Richard W. Corey,
Executive Officer, CARB, to Michael Stoker, Regional Administrator,
EPA Region IX, and CARB, ``California Infrastructure SIP, Revision
for the 0.070 Parts per Million 8-Hour Ozone Standard,'' report
release date August 24, 2018, pp. 15-16.
\26\ Id.
\27\ California Department of Finance, 2024-25 State Budget,
Department Report, 3900 State Air Resources Board, enacted June 26,
2024.
\28\ CARB, 2022 State Strategy for the State Implementation Plan
(September 22, 2022), figure 5 on page 7 (illustrating a 73%
reduction in mobile source NO<INF>X</INF> emissions in California
from 2000-2020, excluding primarily federally-regulated mobile
sources--interstate trucks, planes, trains, and ships).
---------------------------------------------------------------------------
6. EPA's Proposed Conclusion
Based on the preceding discussion, we propose to find that these
regulations are consistent with the relevant CAA requirements and with
relevant EPA policies and guidance with the exception noted previously
in connection with director's discretion provisions in the Zero-
Emission Airport Shuttle Regulation. We also propose to find that the
director's discretion provisions in the Zero-Emission Airport Shuttle
Regulation would not significantly undermine enforcement of the
Regulation by citizens or the EPA and thus do not prevent the EPA from
proposing approval of the Zero-Emission Airport Shuttle Regulation as a
SIP-strengthening measure.
C. Proposed Action and Public Comment
As authorized in section 110(k)(3) of the Act, the EPA proposes to
approve all or portions of two SIP submissions submitted by CARB on
August 8, 2023, and June 25, 2024, that include certain sections of
titles 13 and 17 of the California Code of Regulations and establish
standards and other requirements relating to the control of emissions
from certain new on-road vehicles and engines. We are proposing to
approve these regulations as part of the California SIP based on our
proposed determination that they fulfill all relevant CAA requirements.
We will accept comments from the public on this proposal until January
21, 2025. If we take final action to approve the submitted regulations,
our final action will incorporate these regulations into the Federally
enforceable SIP for the State of California.
IV. Environmental Justice Considerations
As explained in the EJ Legal Tools to Advance Environmental Justice
2022 document, the CAA provides States with the discretion to consider
environmental justice in developing rules and measures related to
nonattainment area control measures analyses.\29\ In this instance,
CARB exercised this discretion, and we summarize the State's discussion
of EJ in the following paragraphs. In reviewing CARB's analysis, the
EPA defers to CARB's reasonable exercise of its discretion in
considering EJ in this way.
---------------------------------------------------------------------------
\29\ EPA Office of General Counsel, ``EPA Legal Tools to Advance
Environmental Justice,'' May 2022. See, for example, ``Chapter One:
Clean Air Act Programs.''
---------------------------------------------------------------------------
CARB discusses environmental justice in its ``Initial Statement of
Reasons'' (ISOR) staff report for each of the measures addressed in
this proposed action and released such reports in advance of the
respective public hearings where the measures would be considered for
adoption. Where CARB received comments relating to environmental
justice, it provided responses in its ``Final Statement of Reasons''
(FSOR).\30\ In addition, in board resolutions adopting each measure,
CARB affirms that the regulations are consistent with the Board's
environmental justice policies and do not disproportionately impact
people of any race, culture, or income. The ISOR, FSOR, and board
resolution(s) for each measure are included in the SIP submission for
each measure.
---------------------------------------------------------------------------
\30\ See, for example, CARB, ``Advanced Clean Trucks Regulation,
Final Statement of Reasons,'' March 2021, e.g., pp. 94-99 (regarding
inclusion of pickups earlier and/or increase sales percentage
requirements).
---------------------------------------------------------------------------
For the Advanced Clean Trucks Regulation, CARB states that one key
strategy to meeting the State's ``air quality, public health, and
climate goals, along with ensuring economic prosperity, social equity,
and energy security'' is transitioning to zero-emission technologies
and that the Advanced Clean Trucks Regulation is essential to that
strategy.\31\ CARB notes that medium- and heavy-duty trucks are the
primary means of distributing goods and services and are prevalent at
distribution centers, ports, warehouses, and major roadways, which are
common to densely populated urban areas that include disadvantaged
communities. CARB states that deploying heavy-duty ZEVs, as the
Advanced Clean Trucks Regulation requires, would eliminate tailpipe
emissions and reduce brake wear PM emissions (due to regenerative
braking) from such vehicles in such disadvantaged communities.
---------------------------------------------------------------------------
\31\ CARB, ``Public Hearing to Consider the Proposed Advanced
Clean Trucks Regulation, Staff Report: Initial Statement of
Reasons,'' release date October 22, 2019, section VIII.
Environmental Justice.
---------------------------------------------------------------------------
For the Heavy-Duty Warranty Regulations and Maintenance Provisions,
CARB states that the regulation would promote timelier repair of
malfunctioning vehicle emission components, support improved overall
maintenance and less engine tampering, and reduce emissions of
NO<INF>X</INF> and diesel PM.\32\ CARB anticipates that emission
reductions will be greatest near major trucking and freight corridors,
ports, and railyards, where the majority of trucks operate, thereby
benefiting environmental justice communities found along such goods
movement facilities.
---------------------------------------------------------------------------
\32\ CARB, ``Public Hearing to Consider Proposed Amendments to
California Emission Control System Warranty Regulations and
Maintenance Provisions for 2022 and Subsequent Model Year On-Road
Heavy-Duty Diesel Vehicles and Heavy-Duty Engines with Gross Vehicle
Weight Ratings Greater than 14,000 Pounds and Heavy-Duty Diesel
Engines in Such Vehicles, Staff Report: Initial Statement of
Reasons,'' release date May 8, 2018, section VIII. Environmental
Justice.
---------------------------------------------------------------------------
For the Zero-Emission Airport Shuttle Regulation, CARB states that
the measure would improve air quality at
[[Page 103733]]
airports (i.e., reduce emissions relative to existing airport
shuttles), including airports in the South Coast Air Basin (e.g., LAX,
BUR, and ONT) and the San Francisco Bay Area (e.g., OAK), which are in
disadvantaged communities.\33\
---------------------------------------------------------------------------
\33\ CARB, ``Public Hearing to Consider the Proposed Zero-
Emission Airport Shuttle Regulation, Staff Report: Initial Statement
of Reasons,'' release date December 31, 2018, section VI.
Environmental Justice.
---------------------------------------------------------------------------
For the Zero-Emission Powertrain Certification Regulation, CARB
states that, while the emission reductions from the measure are not
directly quantifiable (because it does not mandate deployment of heavy-
duty electric or fuel-cell vehicles), it expects the measure the to
help ensure the success of CARB's other zero-emission efforts, which
will benefit disadvantage communities that are disproportionately
impacted by heavy-duty truck traffic and off-road equipment usage.\34\
---------------------------------------------------------------------------
\34\ CARB, ``Staff Report: Initial Statement of Reasons,
Proposed Alternative Certification Requirements and Test Procedures
for Heavy-Duty Electric and Fuel-Cell Vehicles and Proposed
Standards and Test Procedures for Zero-Emission Powertrains (Zero-
Emission Powertrain Certification Regulation),'' release date
December 31, 2018, section VIII. Environmental Justice.
---------------------------------------------------------------------------
The EPA is taking proposed action to approve the SIP revision
because it meets minimum requirements pursuant to the CAA and relevant
implementing regulations. The EPA also finds that CARB's consideration
of EJ analyses in this context is reasonable. The EPA encourages air
agencies generally to evaluate environmental justice considerations of
their actions and carefully consider impacts to communities. The EJ
analyses submitted by the air agency were considered but were not the
basis for EPA's decision making and the SIP met the minimum applicable
requirements, as explained in this document.
V. Incorporation by Reference
In this action, 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 certain sections of titles 13 and 17 of the California Code
of Regulations that establish standards and other requirements relating
to the control of emissions from certain new on-road vehicles and
engines, as described in section II 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).
VI. 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 that 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:
<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 Clean Air 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 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,
February 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.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements Executive Order 12898 and defines EJ as, among other
things, ``the just treatment and meaningful involvement of all people,
regardless of income, race, color, national origin, or Tribal
affiliation, or disability in agency decision-making and other Federal
activities that affect human health and the environment.''
CARB evaluated EJ considerations as part of its SIP submittals even
though the CAA and applicable implementing regulations neither prohibit
nor require an evaluation. The EPA's evaluation of the air agency's EJ
considerations is described in this document in the section titled,
``Environmental Justice Considerations.'' The analysis was done for the
purpose of providing additional context and information about this
rulemaking to the public, not as a basis of the action. The EPA is
taking action under the CAA on bases independent of the air agency's
evaluation of EJ. Due to the nature of the action being taken here,
this action is expected to have a neutral to positive impact on the air
quality of the affected area. In addition, there is no information in
the record upon which this decision is based that is inconsistent with
the stated goal of Executive Orders 12898 and 14096 of achieving EJ for
communities with EJ concerns.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon oxides,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: December 13, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-30246 Filed 12-18-24; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 19, 2024.
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.