[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Rules and Regulations]
[Pages 70497-70500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19374]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2024-0237; FRL-11999-02-R9]


Air Plan Revisions; California; Motor Vehicle Inspection and 
Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Clean Air Act (CAA or ``Act''), the Environmental 
Protection Agency (EPA) is taking final action to approve a revision to 
the California State Implementation Plan (SIP). This revision addresses 
the CAA requirements for motor vehicle inspection and maintenance (I/M) 
programs (also referred to as ``Smog Check'' programs) for the 2015 8-
hour ozone National Ambient Air Quality Standards (``2015 ozone 
NAAQS'').

DATES: This rule is effective September 30, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2024-0237. 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 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; phone: (415) 947-4152; email: 
[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. Statutory and Executive Order Reviews

I. Proposed Action

    On July 2, 2024 (89 FR 54753), under CAA section 110(k)(3), the EPA 
proposed to approve the California Air Resources Board's (CARB's) 
submission of the ``California Smog Check Performance Standard Modeling 
and Program Certification for the 70 Parts Per Billion (ppb) 8-Hour 
Ozone Standard'' (``Smog Check Certification SIP'') as a revision to 
the California SIP. CARB submitted the Smog Check Certification SIP to 
the EPA on April 26, 2023.\1\ The Smog Check Certification SIP includes 
CARB's evaluation of the California Smog Check program for compliance 
with the applicable Smog Check program requirements for SIPs under CAA 
sections 182(a)(2)(B), 182(b)(4), and 182(c)(3) and the EPA's 
regulations in 40 CFR part 51, subpart S for certain nonattainment 
areas for the 2015 ozone NAAQS.
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    \1\ Letter (with enclosures) dated April 26, 2023, from Steven 
S. Cliff, Ph.D., Executive Officer, CARB, to Martha Guzman, Regional 
Administrator, EPA Region IX (submitted electronically April 26, 
2023). The letter and enclosures, which include the Smog Check 
Certification SIP, among other materials, are included in the docket 
for this rulemaking. The ``70 Parts Per Billion (ppb) 8-Hour Ozone 
Standard'' refers to the ozone NAAQS the EPA established in 2015.
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    More specifically, the Smog Check Certification SIP addresses the 
applicable Smog Check SIP requirements for all California air quality 
planning areas classified as ``Moderate'' and above for the 2015 ozone 
NAAQS that are subject to State jurisdiction. These areas (and their 
respective classifications for the 2015 ozone NAAQS) include Coachella 
Valley (Severe-15), Eastern Kern (Serious), Mariposa County (Moderate), 
Sacramento Metro (Serious), San Diego County (Severe-15), San Joaquin 
Valley (Extreme), Los Angeles-South Coast Air Basin (Extreme), Ventura 
(Serious), West Mojave Desert (Severe-15) and Western Nevada County 
(Serious).\2\ While Coachella Valley and Sacramento Metro are currently 
classified as Severe-15 and Serious, respectively, CARB has submitted 
voluntary reclassification requests for the areas to Extreme and 
Severe-15, respectively, and the performance standard modeling 
presented and documented by CARB in the Smog Check Certification SIP 
assumes the EPA's grant of the reclassification requests for those 
areas.\3\
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    \2\ 40 CFR 81.305.
    \3\ See letters from Steven S. Cliff, Ph.D., Executive Officer, 
CARB, to Martha Guzman, Regional Administrator, EPA Region IX, dated 
February 22, 2023 (Reclassification request to Extreme for Coachella 
Valley); CARB Resolution 23-19, October 26, 2023 (Adopting Severe 
area ozone plan for the 2015 ozone NAAQS for the Sacramento Metro 
area).
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    Earlier this year, the EPA took final action to approve the San 
Diego County area portion of the Smog Check Certification SIP as part 
of the EPA's action on the San Diego ozone attainment plan.\4\ In this 
document, we are taking final action on the Smog Check Certification 
SIP as it relates to all the other nonattainment areas that are 
addressed in the SIP submission.
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    \4\ 89 FR 15035 (March 1, 2024).
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    In our proposed rule, we provided background information concerning 
the national ambient air quality standards

[[Page 70498]]

(NAAQS), the criteria air pollutants and precursors, and the 
requirements for States to adopt and submit SIPs. We also explained 
that, for certain ozone nonattainment areas, States must submit SIP 
revisions that address CAA and EPA requirements for Smog Check 
programs. More specifically, section 182(b)(4) of the CAA requires 
States with ozone nonattainment areas classified under subpart 2 as 
Moderate to submit SIP revisions that provide for the implementation of 
a ``Basic'' I/M program in those areas. Section 182(c)(3) of the CAA 
requires States with ozone nonattainment areas classified under subpart 
2 as Serious or above to submit SIP revisions that provide for the 
implementation of an ``Enhanced'' I/M program in certain urbanized 
portions of those areas.\5\
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    \5\ The CAA I/M SIP requirements apply to Moderate and above 
nonattainment areas for the 2015 ozone NAAQS pursuant to 40 CFR 
51.1302.
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    As a general matter, Basic and Enhanced I/M programs both achieve 
their objective by identifying vehicles that have high emissions due to 
one or more malfunctions and requiring them to be repaired. An Enhanced 
I/M program covers more of the vehicles in operation, employs 
inspection methods that are better at finding high-emitting vehicles, 
and has additional features to better assure that all vehicles are 
tested properly and effectively repaired. The EPA has established 
specific requirements for Basic and Enhanced I/M programs in 40 CFR 
part 51, subpart S (``The EPA's I/M regulation''). The EPA's I/M 
regulation establishes minimum performance standards for Basic and 
Enhanced I/M programs as well as requirements for certain elements of 
the programs, including (among other elements) test frequency, vehicle 
coverage, test procedures and standards, stations and inspectors, and 
data collection, analysis, and reporting.\6\
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    \6\ 40 CFR part 51, subpart S, sections 51.350-51.373.
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    An I/M performance standard is a collection of program design 
elements that defines a benchmark program to which a State's Smog Check 
program is compared in terms of its potential to reduce emissions of 
the ozone precursors, VOC and NOX. The performance standard 
is expressed as emission levels in area-wide average grams per mile 
(gpm), achieved from on-road motor vehicles based on a specified model 
I/M program design. The emission levels achieved by the State's program 
design must be calculated using the most current version of the EPA 
mobile source emission factor model and must meet or exceed the 
emission reductions achieved by the model performance standard program 
both in operation and for SIP approval.
    The EPA most recently approved a comprehensive update to 
California's Smog Check program into its SIP in 2010, and in that 
action, the EPA approved the program as meeting the applicable I/M 
requirements for the various nonattainment areas in the State for the 
1997 ozone NAAQS.\7\ The California Bureau of Automotive Repair (BAR) 
implements the SIP-approved Smog Check program in California, including 
oversight of the automotive repair industry and administration of the 
State's vehicle emissions reduction and safety programs. The California 
Department of Motor Vehicles (DMV) administers motor vehicle 
registration and licensing and supports BAR in administering the Smog 
Check program.\8\
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    \7\ 75 FR 38023 (July 1, 2010).
    \8\ ``Fiscal Year 2021-22 Annual Report,'' Department of 
Consumer Affairs, at pages 40-44.
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    Currently, BAR implements an Enhanced I/M program in the urbanized 
areas within the Coachella Valley, Sacramento Metro, San Diego County, 
San Joaquin Valley, South Coast, Ventura County and West Mojave Desert 
ozone nonattainment areas and a Basic I/M program outside the urbanized 
areas within these nonattainment areas. BAR implements a Basic I/M 
program in Western Nevada County and Eastern Kern. Owners of motor 
vehicles registered in Mariposa County are subject to certain Smog 
Check requirements only upon change of ownership.
    Since the EPA's most recent approval of a comprehensive update to 
the California I/M program in 2010, the State has taken steps to 
improve the effectiveness of the Smog Check program by requiring BAR to 
direct older vehicles to high-performing auto technicians and test 
stations for inspection and certification.\9\ Further changes to State 
law have required BAR to implement an updated protocol for testing 2000 
and newer model-year vehicles that collects more complete On-Board 
Diagnostic (OBD) information than had been collected under the existing 
protocol.\10\ The State publishes an annual report summarizing the 
performance of the California Smog Check program.\11\
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    \9\ CARB, Progress Report on Implementation of PM2.5 
State Implementation Plans (SIP) for the South Coast and San Joaquin 
Valley Air Basins and Proposed SIP Revisions (Release Date: March 
29, 2011), Table 1.
    \10\ CARB, Revised Proposed 2016 State Strategy for the State 
Implementation Plan (March 7, 2017), pp. 52-53.
    \11\ The most recent performance report is BAR's Smog Check 
Performance Report 2023, July 1, 2023.
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    CARB submitted the Smog Check Certification SIP to address the I/M 
SIP requirements for California ozone nonattainment areas classified as 
Moderate or above for the 2015 ozone NAAQS, including the Enhanced I/M 
performance standard evaluations required under 40 CFR 51.351(i). The 
provisions of 40 CFR 51.351(i) define the elements of the model 
Enhanced I/M program for areas required to implement an Enhanced I/M 
program as a result of designation and classification under the 8-hour 
ozone standard. As noted previously, a state's Enhanced I/M program can 
differ from the model program, but it must meet or exceed the VOC and 
NOX emission reductions achieved by the model program.
    As part of CARB's certification of the existing California Smog 
Check program for compliance with the applicable I/M SIP requirements 
for the 2015 ozone NAAQS, the Smog Check Certification SIP includes 
Enhanced I/M performance standard evaluations for the urbanized areas 
within certain ozone nonattainment areas for 2015 ozone NAAQS: 
Coachella Valley, Eastern Kern, Sacramento Metro, San Diego County,\12\ 
San Joaquin Valley, South Coast, Ventura County and West Mojave Desert. 
For the I/M performance standard evaluations, CARB relied upon the 
EPA's MOVES3 emissions model and the EPA's most recent guidance for I/M 
performance standard modeling.\13\ CARB did not provide I/M performance 
standard evaluations for the Western Nevada County and Mariposa County 
because the I/M SIP requirements apply only to areas that exceed 
certain population thresholds, and neither area exceeds those 
thresholds.\14\
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    \12\ As noted previously, the EPA has already taken final action 
on the San Diego County area portion of the Smog Check Certification 
SIP, including the related Enhanced I/M performance evaluation. 89 
FR 15035 (March 1, 2024).
    \13\ EPA, Performance Standard Modeling for New and Existing 
Vehicle Inspection and Maintenance (I/M) Programs Using the MOVES 
Mobile Source Emissions Model, EPA-420-B-22-034, October 2022.
    \14\ CARB, Smog Check Certification SIP, page 4.
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    As described in our proposed rule, for this action, the EPA 
evaluated the Smog Check Certification SIP against the applicable 
procedural and substantive requirements of the CAA and the EPA's 
regulations and proposed to conclude that the Smog Check Certification 
SIP meets all applicable requirements. More specifically, for the 
reasons given in the proposed rule, we proposed to find that:

[[Page 70499]]

     CARB has met the procedural requirements for adoption and 
submission of SIPs and SIP revisions under CAA sections 110(a)(1), 
110(a)(2) and 110(l) and 40 CFR 51.102 with respect to the Smog Check 
Certification SIP;
     CARB has provided adequate necessary assurances for 
purposes of CAA section 110(a)(2)(E)(i) for the Smog Check 
Certification SIP and that the California Smog Check program continues 
to meet the SIP requirements for legal authority in 40 CFR 
51.372(a)(5);
     the State has adequate personnel and funding to continue 
to implement the California Smog Check program;
     the California Smog Check program meets the applicable I/M 
program SIP requirements under CAA sections 182(b)(4) and 182(c)(3) and 
40 CFR 51.1302 for the 2015 ozone NAAQS in the Coachella Valley, 
Eastern Kern, Mariposa County, Sacramento Metro, San Joaquin Valley, 
South Coast Air Basin, Ventura County, West Mojave Desert and Western 
Nevada County areas;
     the State continues to implement and enforce an Enhanced 
I/M program in the urbanized areas within the ozone nonattainment areas 
for which the Enhanced I/M program is required. These areas include the 
urbanized areas within nonattainment areas in Coachella Valley, 
Sacramento Metro, San Joaquin Valley, South Coast Air Basin, and 
Ventura County.\15\ In connection with this proposed finding, we 
reviewed CARB's Enhanced I/M performance standard modeling evaluation 
for the California ozone nonattainment areas that are subject to the 
Enhanced I/M requirement and found that, for both VOC and 
NOX in all analysis years, CARB's MOVES3 modeling results 
indicate that the California Enhanced I/M program meets or exceeds the 
Federal Enhanced I/M performance standard benchmark program to within 
0.02 gpm in all the subject areas; and
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    \15\ As noted previously in this proposed rule, the Enhanced I/M 
SIP requirement also applies in the urbanized area with San Diego 
County. We have already approved the Smog Check Certification SIP as 
it relates to San Diego County. 89 FR 15035 (March 1, 2024).
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     the approval of the Smog Check Certification SIP would not 
interfere with attainment and reasonable further progress or any other 
applicable requirement of the CAA, consistent with the requirements for 
SIP revisions under CAA section 110(l).
    In our proposed rule, we also indicated that we agree with CARB 
that an Enhanced I/M program is not required in the Western Nevada 
County Serious ozone nonattainment area because it is not part of an 
area having a 1980 Bureau of Census-defined (Census-defined) urbanized 
area population of 200,000 or more.\16\ We also noted that the Western 
Nevada County area is not subject to the Basic I/M program requirement 
because it is not part of any 1990 Census-defined urbanized area with a 
population of 200,000 or more,\17\ although the State has decided to 
implement a Basic I/M program in Western Nevada County as part of the 
ozone control strategy for the area.
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    \16\ See CAA section 182(c)(3)(A) and 40 CFR 51.350(a)(2).
    \17\ See 40 CFR 51.350(a)(4).
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    For the same reasons, we noted also that the West Mojave Desert 
Severe-15 and Eastern Kern Serious ozone nonattainment areas are not 
subject to the Basic or Enhanced I/M program requirement, although the 
State has decided to implement an Enhanced or Basic I/M program in 
portions of West Mojave Desert and a Basic I/M program in Eastern Kern 
as part of the ozone control strategies for the areas.
    With respect to the Mariposa County Moderate ozone nonattainment 
area, we agree with CARB that a Basic I/M program is not required there 
because it is not part of a 1990 Census-defined urbanized area with a 
population of 200,000 or more.
    In this final rule, we are affirming the above findings that we 
included in our proposed rule and are taking final action to approve 
the Smog Check Certification SIP as a revision to the California SIP. 
For more detailed information on the SIP submission and on our basis 
for proposed approval, please see our proposed rule.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    Pursuant to section 110(k)(3) of the Act, and for the reasons given 
in the proposed rule and summarized above, the EPA is taking final 
action to approve the Smog Check Certification SIP based on our finding 
that it meets the applicable procedural and substantive SIP 
requirements under the CAA and the EPA's I/M regulation for the 
applicable California nonattainment areas for the 2015 ozone NAAQS. 
These areas include Coachella Valley, Eastern Kern, Mariposa County, 
Sacramento Metro, San Joaquin Valley, South Coast Air Basin, Ventura, 
West Mojave Desert and Western Nevada County. This final rule adds the 
Smog Check Certification SIP to the federally-enforceable California 
SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve State 
choices, provided 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 
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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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).

[[Page 70500]]

    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 minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (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.''
    The State did not evaluate EJ considerations as part of its SIP 
submittal; 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 proposed action. Due to the 
nature of this proposed action, this action is expected to have a 
neutral to positive impact on the air quality of the various ozone 
nonattainment areas covered by this proposed action. 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 Executive Order 
12898, to achieve EJ for people of color, low-income populations, and 
Indigenous peoples.
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 October 29, 2024. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 22, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    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. Section 52.220 is amended by adding paragraph (c)(611)(ii)(A)(2) to 
read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (611) * * *
    (ii) * * *
    (A) * * *
    (2) ``California Smog Check Performance Standard Modeling and 
Program Certification for the 70 Parts Per Billion (ppb) 8-Hour Ozone 
Standard,'' adopted on March 23, 2023, excluding the San Diego County 
area portion.
* * * * *
[FR Doc. 2024-19374 Filed 8-29-24; 8:45 am]
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