[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Rules and Regulations]
[Pages 27949-27951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09727]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0452; FRL-8834-02-R9]


Air Quality State Implementation Plans; Approvals and 
Promulgations: California; Opacity Testing of Heavy-Duty Diesel 
Vehicles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the California State Implementation 
Plan (SIP) concerning particulate matter (PM) emissions from heavy-duty 
(HD) diesel vehicles. We are approving state rules that regulate PM 
emission sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on June 9, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2021-0452. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information. If you need assistance 
in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4152 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On November 5, 2021 (86 FR 61100), the EPA proposed to approve the 
following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
         Agency                    Rule No.                   Rule title              Amended        Submitted
----------------------------------------------------------------------------------------------------------------
CARB....................  Title 13, Division 3,       Heavy-Duty Diesel Smoke         07/01/2019      02/13/2020
                           Chapter 3.5.                Emission Testing and
                                                       Heavy-Duty Vehicle
                                                       Emission Control System
                                                       Inspections.
CARB....................  Title 13, Division 3,       Periodic Smoke Inspections      07/01/2019      02/13/2020
                           Chapter 3.6.                of Heavy-Duty Diesel-
                                                       Powered Vehicles.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they 
comply with the relevant CAA requirements. Our proposed action contains 
more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received nine comments from members of the 
public. These comments were generally supportive of the action and none 
raised any concerns with our proposed rule.

III. EPA Action

    Nine comments were submitted, and none change our assessment of the 
rules as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is fully approving these rules 
into the California SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
California rules described in the amendments to 40 CFR part 52 set 
forth below. Therefore, these materials have been approved by the EPA 
for inclusion in the SIP, have been incorporated by reference by the 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
the EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\1\ The EPA has made, and will continue 
to make, these documents available through www.regulations.gov and at 
the EPA Region IX Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those

[[Page 27950]]

imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 11, 2022. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter.

    Dated: April 29, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart F--California

0
2. In Sec.  52.220a, in paragraph (c), table 1 is amended by:
0
a. Adding a heading for ``Title 13 (Motor Vehicles), Division 3 (Air 
Resources Board), Chapter 3.5. (Heavy-Duty Diesel Smoke Emission 
Testing, and Heavy-Duty Vehicle Emission Control System Inspections)'' 
after the entry for ``2147(b)(3)''; and adding entries for ``2180'', 
``2180.1'', ``2181'', ``2182'', ``2183'', ``2184'', ``2185'', ``2186'', 
``2187'', ``2188'' and ``2189'' under the newly added heading;
0
b. Adding a heading for ``Title 13 (Motor Vehicles), Division 3 (Air 
Resources Board), Chapter 3.6. (Periodic Smoke Inspections of Heavy-
Duty Diesel-Powered Vehicles)'' after the newly added entry for 
``2189''; and adding entries for ``2190'', ``2191'', ``2192'', 
``2193'', and ``2194'' under the newly added heading.
    The additions read as follows:


Sec.  52.220a   Identification of plan-in part.

* * * * *
    (c) * * *

                            Table 1--EPA-Approved Statutes and State Regulations \1\
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                                                                                                  Additional
     State citation          Title/subject       State effective date     EPA approval date       explanation
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                                                  * * * * * * *
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   Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 3.5. (Heavy-Duty Diesel Smoke Emission
                      Testing, and Heavy-Duty Vehicle Emission Control System Inspections)
----------------------------------------------------------------------------------------------------------------
2180....................  Applicability......  July 1, 2019............  May 10, 2022,        Unless otherwise
                                                                          [INSERT Federal      noted, this
                                                                          Register CITATION].  chapter applies
                                                                                               to all diesel-
                                                                                               powered and
                                                                                               gasoline-powered
                                                                                               heavy-duty
                                                                                               vehicles
                                                                                               operating in
                                                                                               California.
2180.1..................  Definitions........  July 1, 2019............  May 10, 2022,        Definitions for
                                                                          [INSERT Federal      applicable
                                                                          Register CITATION].  vehicles, opacity
                                                                                               standards,
                                                                                               inspections,
                                                                                               penalties and
                                                                                               appeals.

[[Page 27951]]

 
2181....................  Responsibilities of  July 1, 2019............  May 10, 2022,        Sets forth the
                           the Driver and                                 [INSERT Federal      responsibilities
                           Inspector During                               Register CITATION].  of the vehicle
                           the Inspection                                                      inspector and
                           Procedure.                                                          driver during an
                                                                                               inspection.
2182....................  Heavy-Duty Diesel    July 1, 2019............  May 10, 2022,        Sets forth opacity
                           Vehicle Smoke                                  [INSERT Federal      standards and
                           Opacity Standards                              Register CITATION].  testing
                           and Test                                                            procedures.
                           Procedures;
                           Excessive Smoke.
2183....................  Inspection of the    July 1, 2019............  May 10, 2022,        Describes the
                           Emission Control                               [INSERT Federal      inspection
                           System on a Heavy-                             Register CITATION].  procedures
                           Duty Vehicle.                                                       inspector use to
                                                                                               determine whether
                                                                                               the emission
                                                                                               control
                                                                                               components on
                                                                                               diesel vehicles
                                                                                               have been
                                                                                               tampered,
                                                                                               inadequately
                                                                                               maintained or
                                                                                               defective.
2184....................  Refusal to Submit    July 1, 2019............  May 10, 2022,        Describes the
                           to Inspection                                  [INSERT Federal      consequences of a
                           Procedure.                                     Register CITATION].  refusal to submit
                                                                                               to a vehicle
                                                                                               inspection.
2185....................  Civil Penalty        July 1, 2019............  May 10, 2022,        Sets for the civil
                           Schedule.                                      [INSERT Federal      penalties for
                                                                          Register CITATION].  failing a vehicle
                                                                                               inspection.
2186....................  Demonstration of     July 1, 2019............  May 10, 2022,        Sets for the
                           Correction and                                 [INSERT Federal      requirements for
                           Post-Repair Test                               Register CITATION].  a vehicle owner
                           or Inspection.                                                      to demonstrate
                                                                                               correction and
                                                                                               post-inspection
                                                                                               repair to pass an
                                                                                               inspection.
2187....................  Vehicles Removed     July 1, 2019............  May 10, 2022,        Sets for the
                           from Service.                                  [INSERT Federal      conditions upon
                                                                          Register CITATION].  which a vehicle
                                                                                               failing
                                                                                               inspection can be
                                                                                               removed from, and
                                                                                               return to,
                                                                                               service.
2188....................  Contesting a         July 1, 2019............  May 10, 2022,        Describes how a
                           Citation.                                      [INSERT Federal      vehicle owner may
                                                                          Register CITATION].  contest a
                                                                                               citation for
                                                                                               failing and
                                                                                               inspection.
2189....................  Severability of      July 1, 2019............  May 10, 2022,        Provides that in
                           Provisions.                                    [INSERT Federal      the event any
                                                                          Register CITATION].  portion of the
                                                                                               chapter is held
                                                                                               to be invalid,
                                                                                               unenforceable or
                                                                                               unconstitutional,
                                                                                               the remaining
                                                                                               portions shall
                                                                                               remain in effect.
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 Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 3.6. (Periodic Smoke Inspections of Heavy-
                                          Duty Diesel-Powered Vehicles)
----------------------------------------------------------------------------------------------------------------
2190....................  Vehicles Subject to  July 1, 2019............  May 10, 2022,        Defines the heavy-
                           the Periodic Smoke                             [INSERT Federal      duty diesel-
                           Inspection                                     Register CITATION].  powered vehicles
                           Requirements.                                                       operating in
                                                                                               California that
                                                                                               are subject to
                                                                                               periodic smoke
                                                                                               inspection, as
                                                                                               well as listing
                                                                                               those that are
                                                                                               exempt.
2191....................  Definitions........  July 1, 2019............  May 10, 2022,        Defines diesel
                                                                          [INSERT Federal      vehicle fleets
                                                                          Register CITATION].  subject to the
                                                                                               regulation and
                                                                                               applicable
                                                                                               testing
                                                                                               procedures.
2192....................  Vehicle Inspection   July 1, 2019............  May 10, 2022,        Sets forth the
                           Responsibilities.                              [INSERT Federal      responsibilities
                                                                          Register CITATION].  of diesel vehicle
                                                                                               fleet owners to
                                                                                               comply with the
                                                                                               requirements of
                                                                                               the periodic
                                                                                               smoke inspection
                                                                                               program.
2193....................  Smoke Opacity        July 1, 2019............  May 10, 2022,        Sets forth opacity
                           Standards,                                     [INSERT Federal      testing
                           Inspection                                     Register CITATION].  standards,
                           Intervals, and                                                      inspection
                           Test Procedures.                                                    intervals, test
                                                                                               procedures and
                                                                                               alternate test
                                                                                               procedures.
2194....................  Record Keeping       July 1, 2019............  May 10, 2022,        Requires vehicle
                           Requirements.                                  [INSERT Federal      owners to
                                                                          Register CITATION].  maintain records
                                                                                               of test or
                                                                                               alternate test
                                                                                               results and
                                                                                               provide them to
                                                                                               the California
                                                                                               Air Resources
                                                                                               Board upon
                                                                                               request.
 
                                                  * * * * * * *
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\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
  SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
  are cited in certain regulations listed in Table 1. Approved California statutes that are nonregulatory or
  quasi-regulatory are listed in paragraph (e).

* * * * *
[FR Doc. 2022-09727 Filed 5-9-22; 8:45 am]
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