Air Plan Revisions; California; Motor Vehicle Inspection and Maintenance Program, 54753-54758 [2024-14349]
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Federal Register / Vol. 89, No. 127 / Tuesday, July 2, 2024 / Proposed Rules
implement RACT for each major NOX
source in the District.
In addition, as discussed in our June
30, 2023 final action, the absence of
emission limits that apply at all times
was the basis for our disapproval of the
major source NOX element of the 2017
RACT SIP. Since we are proposing to
determine that the District Permits, in
conjunction with the SIP-approved NOX
limits already established in Rule 411
and 413, implement RACT for each
major NOX source in the District, we are
also proposing to approve the major
source NOX element of the District’s
2017 RACT SIP.
We will accept comments from the
public on this proposal until August 1,
2024. If we take final action to approve
the District Permits as proposed, our
final action will incorporate these
District Permits into the federally
enforceable SIP. In addition, it will
permanently stop the sanctions and
Federal implementation plan (FIP)
clocks started by our June 30, 2023 final
action, and it will address the EPA’s
obligation to promulgate a FIP arising
from our February 3, 2017 finding of
failure to submit.12
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III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the District Permits listed in Table 2, as
adopted on March 28, 2024, which
regulate NOX emissions from boilers,
gas turbines, and miscellaneous
combustion units. The EPA has made,
and will continue to make, these
materials available through https://
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).
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provision of the
Act and applicable federal regulations.
42 U.S.C. 740(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, the EPA’s
role is to review state choices, and
approve those choices if they meet the
minimum criteria of the Act.
Accordingly, this proposed action
merely proposes to approve state law as
12 82 FR 9158. The sanctions clock triggered by
this finding of failure to submit was permanently
stopped by a finding of completeness made by the
EPA on August 23, 2018 for the District’s 2017
RACT SIP submittal.
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meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed 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 proposes to approve 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 CAA.
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,
Feb. 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,
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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 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 E.O. 12898 of
achieving EJ for people of color, lowincome populations, and Indigenous
peoples.
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.
Dated: June 25, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024–14336 Filed 7–1–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2024–0237; FRL–11999–
01–R9]
Air Plan Revisions; California; Motor
Vehicle Inspection and Maintenance
Program
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Under the Clean Air Act
(CAA or ‘‘Act’’), the Environmental
Protection Agency (EPA) is proposing to
approve a revision to the California
State Implementation Plan (SIP). This
revision addresses the CAA
requirements for the 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’’). We
are taking comments on this proposal
and plan to follow with a final action.
SUMMARY:
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Federal Register / Vol. 89, No. 127 / Tuesday, July 2, 2024 / Proposed Rules
Comments must be received on
or before August 1, 2024.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2024–0237 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. 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
https://www.epa.gov/dockets/
commenting-epa-dockets. 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.
ADDRESSES:
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 Buss.Jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
lotter on DSK11XQN23PROD with PROPOSALS1
Table of Contents
I. The State’s Submittal
A. What did the State submit?
B. Are there other versions of this plan
element?
C. What is the purpose of the submitted
plan element?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the plan
element?
B. Does the plan element meet the
evaluation criteria?
C. Did the State consider environmental
justice in developing this plan element?
D. Proposed Action and Public Comments
III. Statutory and Executive Order Reviews
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I. The State’s Submittal
A. What did the State submit?
On April 26, 2023, the California Air
Resources Board (CARB) submitted 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.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.2 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).3
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
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.
2 We previously found that the Eastern Kern
ozone nonattainment area was not subject to the
Basic or Enhanced Smog Check SIP requirement for
the 2008 ozone NAAQS. See 85 FR 68268, 68280
(October 28, 2020) (proposed rule for Eastern Kern)
and 86 FR 33528 (June 25, 2021) (final rule for
Eastern Kern). Also, we previously found that the
West Mojave Desert ozone nonattainment area was
not subject to the Enhanced Smog Check SIP
requirement for the 2008 ozone NAAQS—see 86 FR
53223, at 53225 (September 27, 2021) (final rule for
West Mojave Desert). For the San Diego County
area, we recently approved the Smog Check
Certification SIP as it relates to San Diego County
for both the 2008 and 2015 ozone NAAQS. 89 FR
15035 (March 1, 2024).
3 40 CFR 81.305.
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the Smog Check Certification SIP
assumes the EPA’s grant of the
reclassification requests for those areas.4
CARB’s SIP submittal package for the
Smog Check Certification SIP includes
CARB Resolution 23–9 (through which
CARB adopted the Smog Check
Certification as part of the California
SIP 5), public notice of CARB’s hearing
on the proposed SIP revision, public
comments and responses, and the EPA’s
Motor Vehicle Emission Simulator
model (MOVES) 6 input and output data
sheets. 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.7 In this document, we
are proposing action on the Smog Check
Certification SIP as it relates to all the
other nonattainment areas that are
addressed in the SIP submission.
On October 26, 2023, the Smog Check
Certification SIP submission was
deemed complete by operation of law
under CAA section 110(k)(1)(B).
B. Are there other versions of this plan
element?
In 2010, we approved the California
Smog Check program as meeting all
applicable SIP requirements for
California nonattainment areas for the
1997 ozone NAAQS.8 Since then, we
have taken actions to approve areaspecific SIP submissions addressing the
Smog Check SIP requirements for
California nonattainment areas for the
2008 ozone NAAQS.9 The Smog Check
Certification SIP submission that is the
subject of this document relates to
California nonattainment areas for the
2015 ozone NAAQS.
C. What is the purpose of the submitted
plan element?
Emissions of volatile organic
compounds (VOCs) and oxides of
nitrogen (NOX) contribute to the
production of ground-level ozone, or
‘‘smog,’’ which harm human health and
the environment. The EPA has
established NAAQS to protect public
4 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).
5 CARB Board Resolution 23–9, March 23, 2023.
6 MOVES is the acronym for the EPA’s Motor
Vehicle Emission Simulator model.
7 89 FR 15035 (March 1, 2024).
8 75 FR 38023 (July 1, 2010).
9 See, e.g., 84 FR 3302, 3304 (February 12, 2019)
(San Joaquin Valley); 84 FR 52005, 52013 (October
1, 2019) (South Coast Air Basin); and 85 FR 11814,
11816 (February 27, 2020) (Ventura County).
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Federal Register / Vol. 89, No. 127 / Tuesday, July 2, 2024 / Proposed Rules
health and welfare for certain pervasive
air pollutants, including ozone. Section
110(a)(1) of the CAA requires States to
adopt and submit plans (‘‘State
Implementation Plans,’’ or ‘‘SIPs’’) that
provide for implementation,
maintenance, and enforcement of the
NAAQS within each State. Section
110(a)(2) of the CAA requires SIPs to
include enforceable emission
limitations and other control measures,
means, or techniques to meet CAA SIP
requirements, such as regulations that
control VOC, NOX, and PM emissions.
States with areas designated as
nonattainment for a NAAQS are
required to submit SIP revisions to
address additional requirements that
apply to such areas. 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.10
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.11
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 onroad 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.12 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.13
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.14 Further
12 75
10 The
CAA I/M SIP requirements apply to
Moderate and above nonattainment areas for the
2015 ozone NAAQS pursuant to 40 CFR 51.1302.
11 40 CFR part 51, subpart S, §§ 350 through 373.
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FR 38023 (July 1, 2010).
Year 2021–22 Annual Report,’’
Department of Consumer Affairs, at pages 40–44.
14 CARB, Progress Report on Implementation of
PM2.5 State Implementation Plans (SIP) for the
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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.15 The State publishes
an annual report summarizing the
performance of the California Smog
Check program.16
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 the ozone nonattainment
areas for 2015 ozone NAAQS: Coachella
Valley, Eastern Kern, Sacramento Metro,
San Diego County,17 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.18
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
South Coast and San Joaquin Valley Air Basins and
Proposed SIP Revisions (Release Date: March 29,
2011), Table 1.
15 CARB, Revised Proposed 2016 State Strategy
for the State Implementation Plan (March 7, 2017),
pp. 52–53.
16 The most recent performance report is BAR’s
Smog Check Performance Report 2023, July 1, 2023.
17 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).
18 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.
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exceeds those thresholds.19 The EPA’s
Technical Support Document (TSD)
includes additional information
regarding CARB’s Smog Check
Certification SIP submission.
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the plan
element?
The EPA has evaluated the Smog
Check Certification SIP against the
applicable procedural and substantive
requirements of the CAA for SIPs and
SIP revisions and is proposing to
conclude that the Smog Check
Certification SIP meets all applicable
requirements. A SIP must include
enforceable emission limitations and
other control measures, means, or
techniques, as well as schedules and
timetables for compliance, that may be
necessary to meet the requirements of
the Act (see CAA section 110(a)(2)(A));
provide necessary assurances that the
State will have adequate personnel,
funding, and authority under State law
to carry out such SIP (and is not
prohibited by any provision of Federal
or State law from carrying out such SIP)
(see CAA section 110(a)(2)(E)); be
adopted by a State after reasonable
notice and public hearing (see CAA
section 110(l)); and 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)). We are also evaluating whether
the Smog Check Certification SIP meets
the statutory and regulatory
requirements for I/M programs in the
applicable California ozone
nonattainment areas for the 2015 ozone
NAAQS.
B. Does the plan element meet the
evaluation criteria?
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1. Did the State provide for reasonable
public notice and hearing prior to
adoption?
Under CAA sections 110(a)(1),
110(a)(2), and 110(l), States must
provide for reasonable notice and
opportunity for a public hearing prior to
adoption and submittal of SIPs and SIP
revisions. In 40 CFR 51.102(d), the EPA
specifies that reasonable public notice
in this context is at least 30 days.
On February 10, 2023, CARB released
for public review the draft Smog Check
Certification SIP and published a notice
of public meeting to be held on March
23, 2023, to consider adoption of the
Smog Check Certification as a revision
19 CARB,
Smog Check Certification SIP, page 4.
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to the California SIP.20 On March 23,
2023, CARB held the hearing and
adopted the Smog Check Certification as
a revision to the California SIP and
directed the Executive Officer to submit
the Smog Check Certification SIP to the
EPA for approval into the California
SIP.21 On April 26, 2023, the Executive
Officer of CARB submitted the Smog
Check Certification SIP to the EPA.
Based on the materials provided in
the April 26, 2023 SIP submission and
summarized above, we are now
proposing to find that 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.
2. Does the State have adequate legal
authority to implement the plan
element?
CAA section 110(a)(2)(E)(i) requires
States to provide with their SIPs
necessary assurances that the State or
relevant local or regional agency will
have adequate legal authority to carry
out the SIP (and is not prohibited by any
provision of Federal or State law from
carrying out such SIP). In addition, the
EPA’s I/M regulation requires Smog
Check SIPs to include the legal
authority requiring or allowing
implementation of the I/M program and
providing either broad or specific
authority to perform all required
elements of the program.22
The statutory and regulatory
foundation for the approved California
I/M program is set forth in California
Health & Safety Code (CH&SC), Division
26, Part 5, Chapter 5 (Motor Vehicle
Inspection Program), Articles 1 through
9, and in title 16 of the California Code
of Regulations (16 CCR), Division 33,
Chapter 1, Article 5.5 (Motor Vehicle
Inspection Program).23 Additional I/Mrelated statutory and regulatory
provisions in the California SIP include
CH&SC section 39032.5; California
Business and Professions Code sections
9886 and 9886.1–9886.4; California
Vehicle Code sections 4000.1, 4000.2,
4000.3 and 4000.6; and 16 CCR sections
3303.1, 3303.2, 3392.1–3392.6 and
3394.1–3394.6.24 Based on CARB’s
statutory and regulatory authority for
20 Notice of Public Meeting to Consider the
Proposed California Smog Check Performance
Standard Modeling and Program Certification for
the 70 parts per billion 8-hour Ozone Standard,
signed by Steven S. Cliff, Ph.D., Executive Officer,
CARB, February 10, 2023.
21 CARB Resolution 23–9, page 6.
22 40 CFR 51.372(a)(5).
23 75 FR 38023, 38025–38026 (July 1, 2010).
24 Id.
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the Smog Check program that we
approved in 2010 as part of our
approval of CARB’s comprehensive
update to the California Smog Check
SIP, the EPA is proposing to find that
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).
3. Will the State have adequate
personnel and funding for the plan
element?
CAA section 110(a)(2)(E)(i) requires
States to provide with their SIPs
necessary assurances that the State or
relevant local or regional agency will
have adequate personnel and funding to
carry out the SIP. The California Smog
Check program is a mature program that
has been in existence for several
decades. The State publishes periodic
reports to the Legislature on the
resources allocated to Smog Check
program administration and
enforcement.25 The most recent periodic
report identifies no substantial
underfunding or lack of personnel for
the administration of the Smog Check
program.26 Moreover, the Smog Check
Certification SIP does not modify or
expand the program and thus does not
require any additional resources for
implementation purposes. Therefore, we
propose to find that the State has
adequate personnel and funding to
continue to implement the California
Smog Check program.
4. Does the plan element meet the
substantive requirements for I/M
programs under the CAA and the EPA’s
I/M regulation?
For this proposed action, we reviewed
the Smog Check Certification SIP and
confirmed that 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.27
25 The most recent periodic report is BAR’s
Sunset Review Report 2022: presented to the Senate
Committee on Business, Professions and Economic
Development and the Assembly Committee on
Business and Professions.
26 Id.
27 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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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.28 We also note 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,29 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.
For the same reasons, 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 addition to certifying that the
California Smog Check program meets
the applicable I/M requirements for the
2015 ozone NAAQS, CARB’s April 2023
submission includes CARB’s Enhanced
I/M performance standard modeling
evaluation for the California ozone
nonattainment areas that are subject to
the Enhanced I/M requirement. For that
evaluation, the Smog Check
Certification SIP presents a comparison
of July weekday emissions rates (in
gpm) for VOC and NOX based on the
existing California Smog Check program
and the Enhanced I/M model program
benchmark. For an Enhanced I/M
program, if the proposed/existing
program obtains the same or lower
emissions levels for VOC and NOX as
the performance standard benchmark
program to within 0.02 gpm, then it is
considered to have met the Enhanced
performance standard. The analysis was
performed for various years depending
upon the relevant attainment years
under the different nonattainment area
classifications for the 2015 ozone
NAAQS. Our TSD provides tables
summarizing the results of CARB’s
performance standard modeling for the
28 See CAA section 182(c)(3)(A) and 40 CFR
51.350(a)(2).
29 See 40 CFR 51.350(a)(4).
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nonattainment areas within Coachella
Valley, Sacramento Metro, San Joaquin
Valley, South Coast Air Basin, and
Ventura County. We did not review
CARB’s performance standard modeling
for Eastern Kern or West Mojave Desert
areas because the areas are not subject
to either the Enhanced or Basic I/M
requirement.
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. Based
on our review of CARB’s documentation
included in the Smog Check
Certification SIP, we find that CARB
used appropriate methods and input
data to perform the I/M performance
standard evaluations for the subject
areas, analyzed appropriate years
consistent with 40 CFR 51.351(i)(13),30
and included sufficient documentation
to support the results.
In light of CARB’s performance
standard evaluation results and the
improvements in the California Smog
Check program, as described previously,
since the EPA last approved the
California Smog Check program as
meeting all the applicable I/M
requirements, we propose to find that
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.
5. Would approval of the plan element
interfere with attainment and reasonable
further progress or any other applicable
requirement of the CAA?
The emissions reductions from
implementation of the California Smog
Check program are reflected in the
baseline emissions projections that are
relied upon to demonstrate reasonable
further progress and attainment in the
regional air quality plans developed for
the nonattainment areas for the 2015
ozone NAAQS. The Smog Check
Certification SIP would not relax any
requirements of the program. Therefore,
30 The analysis years for I/M performance
standard evaluations for Coachella Valley and
Sacramento Metro assume that the EPA will grant
CARB’s voluntary reclassification requests for
Coachella Valley to Extreme and for Sacramento
Metro to Severe. This assumption is appropriate
given that the EPA is required to grant such
requests under CAA section 181(b)(3).
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54757
we propose to find that 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).
C. Did the State consider environmental
justice in developing this plan element?
Environmental justice (EJ) is 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. As explained
in the EJ Legal Tools to Advance
Environmental Justice 2022
document,31 the CAA provides states
with the discretion to consider
environmental justice in developing
rules, measures and plan elements
related to nonattainment area SIP
requirements.
In this instance, CARB exercised this
discretion and did not evaluate EJ
considerations as part of its SIP
submission. There is no information in
the record inconsistent with the stated
goals of E.O. 12898 of achieving EJ for
people of color, low-income
populations, and indigenous peoples.
D. Proposed Action and Public
Comments
Pursuant to section 110(k)(3) of the
Act, and for the reasons given above, the
EPA is proposing 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. If finalized as
proposed, this action would add the
Smog Check Certification SIP to the
federally-enforceable California SIP.
We will accept comments from the
public on this proposal until August 1,
2024.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the relevant
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
31 EPA, EPA Legal Tools to Advance
Environmental Justice, May 2022.
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submissions, the EPA’s role is to
approve State choices, provided that
they meet the criteria of the CAA.
Accordingly, this proposed action
merely proposes to approve a State plan
element as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this proposed 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), 13563 (76 FR 3821,
January 21, 2011) 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 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); 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 CAA.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have Tribal implications and will
not impose substantial direct costs on
Tribal governments or preempt Tribal
law as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
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Jkt 262001
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, if finalized, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: June 25, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024–14349 Filed 7–1–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2023–0088;
FF09E22000 FXES1113090FEDR 245]
RIN 1018–BG50
Endangered and Threatened Wildlife
and Plants; Removal of White Sedge
(Carex albida) From the List of
Endangered and Threatened Plants
AGENCY:
Fish and Wildlife Service,
Interior.
PO 00000
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ACTION:
Proposed rule.
We, the U.S. Fish and
Wildlife Service (Service), propose to
remove the white sedge (Carex albida)
from the Federal List of Endangered and
Threatened Plants (i.e., ‘‘delist’’ the
species). Our review of the best
available scientific and commercial data
indicate that the white sedge is not a
discrete taxonomic entity and does not
meet the definition of a species as
defined by the Endangered Species Act
of 1973, as amended (Act). White sedge
has been synonymized with Lemmon’s
sedge (Carex lemmonii). This taxonomic
revision means that the white sedge is
no longer a scientifically accepted
species. If we finalize this rule as
proposed, the prohibitions and
conservation measures provided by the
Act, particularly through sections 7 and
9, would no longer apply to the white
sedge.
DATES: We will accept comments
received or postmarked on or before
September 3, 2024. Comments
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES, below) must be received by
11:59 p.m. eastern time on the closing
date. We must receive requests for
public hearings, in writing, at the
address shown in FOR FURTHER
INFORMATION CONTACT by August 16,
2024.
SUMMARY:
You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R8–ES–2023–0088, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the Search panel on
the left side of the screen, under the
Document Type heading, click on the
Proposed Rule box to locate this
document. You may submit a comment
by clicking on ‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–R8–ES–2023–0088, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see
Information Requested, below, for more
information).
Availability of supporting materials:
This proposed rule and supporting
documents, including a copy of the 5year review referenced throughout this
ADDRESSES:
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]]>Agencies
[Federal Register Volume 89, Number 127 (Tuesday, July 2, 2024)]
[Proposed Rules]
[Pages 54753-54758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14349]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0237; FRL-11999-01-R9]
Air Plan Revisions; California; Motor Vehicle Inspection and
Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Under the Clean Air Act (CAA or ``Act''), the Environmental
Protection Agency (EPA) is proposing to approve a revision to the
California State Implementation Plan (SIP). This revision addresses the
CAA requirements for the 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''). We are taking comments on this proposal and plan to follow
with a final action.
[[Page 54754]]
DATES: Comments must be received on or before August 1, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0237 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets. 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. The State's Submittal
A. What did the State submit?
B. Are there other versions of this plan element?
C. What is the purpose of the submitted plan element?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the plan element?
B. Does the plan element meet the evaluation criteria?
C. Did the State consider environmental justice in developing
this plan element?
D. Proposed Action and Public Comments
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What did the State submit?
On April 26, 2023, the California Air Resources Board (CARB)
submitted 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.\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.\2\ 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).\3\ 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.\4\
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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.
\2\ We previously found that the Eastern Kern ozone
nonattainment area was not subject to the Basic or Enhanced Smog
Check SIP requirement for the 2008 ozone NAAQS. See 85 FR 68268,
68280 (October 28, 2020) (proposed rule for Eastern Kern) and 86 FR
33528 (June 25, 2021) (final rule for Eastern Kern). Also, we
previously found that the West Mojave Desert ozone nonattainment
area was not subject to the Enhanced Smog Check SIP requirement for
the 2008 ozone NAAQS--see 86 FR 53223, at 53225 (September 27, 2021)
(final rule for West Mojave Desert). For the San Diego County area,
we recently approved the Smog Check Certification SIP as it relates
to San Diego County for both the 2008 and 2015 ozone NAAQS. 89 FR
15035 (March 1, 2024).
\3\ 40 CFR 81.305.
\4\ 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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CARB's SIP submittal package for the Smog Check Certification SIP
includes CARB Resolution 23-9 (through which CARB adopted the Smog
Check Certification as part of the California SIP \5\), public notice
of CARB's hearing on the proposed SIP revision, public comments and
responses, and the EPA's Motor Vehicle Emission Simulator model (MOVES)
\6\ input and output data sheets. 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.\7\ In this document, we are proposing 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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\5\ CARB Board Resolution 23-9, March 23, 2023.
\6\ MOVES is the acronym for the EPA's Motor Vehicle Emission
Simulator model.
\7\ 89 FR 15035 (March 1, 2024).
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On October 26, 2023, the Smog Check Certification SIP submission
was deemed complete by operation of law under CAA section 110(k)(1)(B).
B. Are there other versions of this plan element?
In 2010, we approved the California Smog Check program as meeting
all applicable SIP requirements for California nonattainment areas for
the 1997 ozone NAAQS.\8\ Since then, we have taken actions to approve
area-specific SIP submissions addressing the Smog Check SIP
requirements for California nonattainment areas for the 2008 ozone
NAAQS.\9\ The Smog Check Certification SIP submission that is the
subject of this document relates to California nonattainment areas for
the 2015 ozone NAAQS.
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\8\ 75 FR 38023 (July 1, 2010).
\9\ See, e.g., 84 FR 3302, 3304 (February 12, 2019) (San Joaquin
Valley); 84 FR 52005, 52013 (October 1, 2019) (South Coast Air
Basin); and 85 FR 11814, 11816 (February 27, 2020) (Ventura County).
---------------------------------------------------------------------------
C. What is the purpose of the submitted plan element?
Emissions of volatile organic compounds (VOCs) and oxides of
nitrogen (NOX) contribute to the production of ground-level
ozone, or ``smog,'' which harm human health and the environment. The
EPA has established NAAQS to protect public
[[Page 54755]]
health and welfare for certain pervasive air pollutants, including
ozone. Section 110(a)(1) of the CAA requires States to adopt and submit
plans (``State Implementation Plans,'' or ``SIPs'') that provide for
implementation, maintenance, and enforcement of the NAAQS within each
State. Section 110(a)(2) of the CAA requires SIPs to include
enforceable emission limitations and other control measures, means, or
techniques to meet CAA SIP requirements, such as regulations that
control VOC, NOX, and PM emissions.
States with areas designated as nonattainment for a NAAQS are
required to submit SIP revisions to address additional requirements
that apply to such areas. 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.\10\
---------------------------------------------------------------------------
\10\ The CAA I/M SIP requirements apply to Moderate and above
nonattainment areas for the 2015 ozone NAAQS pursuant to 40 CFR
51.1302.
---------------------------------------------------------------------------
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.\11\
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\11\ 40 CFR part 51, subpart S, Sec. Sec. 350 through 373.
---------------------------------------------------------------------------
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.\12\ 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.\13\
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\12\ 75 FR 38023 (July 1, 2010).
\13\ ``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.\14\ 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.\15\ The State publishes an annual report summarizing the
performance of the California Smog Check program.\16\
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\14\ 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.
\15\ CARB, Revised Proposed 2016 State Strategy for the State
Implementation Plan (March 7, 2017), pp. 52-53.
\16\ 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 the ozone nonattainment areas for 2015 ozone NAAQS: Coachella
Valley, Eastern Kern, Sacramento Metro, San Diego County,\17\ 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.\18\ 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
[[Page 54756]]
exceeds those thresholds.\19\ The EPA's Technical Support Document
(TSD) includes additional information regarding CARB's Smog Check
Certification SIP submission.
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\17\ 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).
\18\ 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.
\19\ CARB, Smog Check Certification SIP, page 4.
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II. The EPA's Evaluation and Action
A. How is the EPA evaluating the plan element?
The EPA has evaluated the Smog Check Certification SIP against the
applicable procedural and substantive requirements of the CAA for SIPs
and SIP revisions and is proposing to conclude that the Smog Check
Certification SIP meets all applicable requirements. A SIP must include
enforceable emission limitations and other control measures, means, or
techniques, as well as schedules and timetables for compliance, that
may be necessary to meet the requirements of the Act (see CAA section
110(a)(2)(A)); provide necessary assurances that the State will have
adequate personnel, funding, and authority under State law to carry out
such SIP (and is not prohibited by any provision of Federal or State
law from carrying out such SIP) (see CAA section 110(a)(2)(E)); be
adopted by a State after reasonable notice and public hearing (see CAA
section 110(l)); and 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)). We are also
evaluating whether the Smog Check Certification SIP meets the statutory
and regulatory requirements for I/M programs in the applicable
California ozone nonattainment areas for the 2015 ozone NAAQS.
B. Does the plan element meet the evaluation criteria?
1. Did the State provide for reasonable public notice and hearing prior
to adoption?
Under CAA sections 110(a)(1), 110(a)(2), and 110(l), States must
provide for reasonable notice and opportunity for a public hearing
prior to adoption and submittal of SIPs and SIP revisions. In 40 CFR
51.102(d), the EPA specifies that reasonable public notice in this
context is at least 30 days.
On February 10, 2023, CARB released for public review the draft
Smog Check Certification SIP and published a notice of public meeting
to be held on March 23, 2023, to consider adoption of the Smog Check
Certification as a revision to the California SIP.\20\ On March 23,
2023, CARB held the hearing and adopted the Smog Check Certification as
a revision to the California SIP and directed the Executive Officer to
submit the Smog Check Certification SIP to the EPA for approval into
the California SIP.\21\ On April 26, 2023, the Executive Officer of
CARB submitted the Smog Check Certification SIP to the EPA.
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\20\ Notice of Public Meeting to Consider the Proposed
California Smog Check Performance Standard Modeling and Program
Certification for the 70 parts per billion 8-hour Ozone Standard,
signed by Steven S. Cliff, Ph.D., Executive Officer, CARB, February
10, 2023.
\21\ CARB Resolution 23-9, page 6.
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Based on the materials provided in the April 26, 2023 SIP
submission and summarized above, we are now proposing to find that 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.
2. Does the State have adequate legal authority to implement the plan
element?
CAA section 110(a)(2)(E)(i) requires States to provide with their
SIPs necessary assurances that the State or relevant local or regional
agency will have adequate legal authority to carry out the SIP (and is
not prohibited by any provision of Federal or State law from carrying
out such SIP). In addition, the EPA's I/M regulation requires Smog
Check SIPs to include the legal authority requiring or allowing
implementation of the I/M program and providing either broad or
specific authority to perform all required elements of the program.\22\
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\22\ 40 CFR 51.372(a)(5).
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The statutory and regulatory foundation for the approved California
I/M program is set forth in California Health & Safety Code (CH&SC),
Division 26, Part 5, Chapter 5 (Motor Vehicle Inspection Program),
Articles 1 through 9, and in title 16 of the California Code of
Regulations (16 CCR), Division 33, Chapter 1, Article 5.5 (Motor
Vehicle Inspection Program).\23\ Additional I/M-related statutory and
regulatory provisions in the California SIP include CH&SC section
39032.5; California Business and Professions Code sections 9886 and
9886.1-9886.4; California Vehicle Code sections 4000.1, 4000.2, 4000.3
and 4000.6; and 16 CCR sections 3303.1, 3303.2, 3392.1-3392.6 and
3394.1-3394.6.\24\ Based on CARB's statutory and regulatory authority
for the Smog Check program that we approved in 2010 as part of our
approval of CARB's comprehensive update to the California Smog Check
SIP, the EPA is proposing to find that 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).
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\23\ 75 FR 38023, 38025-38026 (July 1, 2010).
\24\ Id.
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3. Will the State have adequate personnel and funding for the plan
element?
CAA section 110(a)(2)(E)(i) requires States to provide with their
SIPs necessary assurances that the State or relevant local or regional
agency will have adequate personnel and funding to carry out the SIP.
The California Smog Check program is a mature program that has been in
existence for several decades. The State publishes periodic reports to
the Legislature on the resources allocated to Smog Check program
administration and enforcement.\25\ The most recent periodic report
identifies no substantial underfunding or lack of personnel for the
administration of the Smog Check program.\26\ Moreover, the Smog Check
Certification SIP does not modify or expand the program and thus does
not require any additional resources for implementation purposes.
Therefore, we propose to find that the State has adequate personnel and
funding to continue to implement the California Smog Check program.
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\25\ The most recent periodic report is BAR's Sunset Review
Report 2022: presented to the Senate Committee on Business,
Professions and Economic Development and the Assembly Committee on
Business and Professions.
\26\ Id.
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4. Does the plan element meet the substantive requirements for I/M
programs under the CAA and the EPA's I/M regulation?
For this proposed action, we reviewed the Smog Check Certification
SIP and confirmed that 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.\27\
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\27\ 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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[[Page 54757]]
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.\28\ We also note
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,\29\ 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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\28\ See CAA section 182(c)(3)(A) and 40 CFR 51.350(a)(2).
\29\ See 40 CFR 51.350(a)(4).
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For the same reasons, 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 addition to certifying that the California Smog Check program
meets the applicable I/M requirements for the 2015 ozone NAAQS, CARB's
April 2023 submission includes CARB's Enhanced I/M performance standard
modeling evaluation for the California ozone nonattainment areas that
are subject to the Enhanced I/M requirement. For that evaluation, the
Smog Check Certification SIP presents a comparison of July weekday
emissions rates (in gpm) for VOC and NOX based on the
existing California Smog Check program and the Enhanced I/M model
program benchmark. For an Enhanced I/M program, if the proposed/
existing program obtains the same or lower emissions levels for VOC and
NOX as the performance standard benchmark program to within
0.02 gpm, then it is considered to have met the Enhanced performance
standard. The analysis was performed for various years depending upon
the relevant attainment years under the different nonattainment area
classifications for the 2015 ozone NAAQS. Our TSD provides tables
summarizing the results of CARB's performance standard modeling for the
nonattainment areas within Coachella Valley, Sacramento Metro, San
Joaquin Valley, South Coast Air Basin, and Ventura County. We did not
review CARB's performance standard modeling for Eastern Kern or West
Mojave Desert areas because the areas are not subject to either the
Enhanced or Basic I/M requirement.
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. Based on
our review of CARB's documentation included in the Smog Check
Certification SIP, we find that CARB used appropriate methods and input
data to perform the I/M performance standard evaluations for the
subject areas, analyzed appropriate years consistent with 40 CFR
51.351(i)(13),\30\ and included sufficient documentation to support the
results.
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\30\ The analysis years for I/M performance standard evaluations
for Coachella Valley and Sacramento Metro assume that the EPA will
grant CARB's voluntary reclassification requests for Coachella
Valley to Extreme and for Sacramento Metro to Severe. This
assumption is appropriate given that the EPA is required to grant
such requests under CAA section 181(b)(3).
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In light of CARB's performance standard evaluation results and the
improvements in the California Smog Check program, as described
previously, since the EPA last approved the California Smog Check
program as meeting all the applicable I/M requirements, we propose to
find that 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.
5. Would approval of the plan element interfere with attainment and
reasonable further progress or any other applicable requirement of the
CAA?
The emissions reductions from implementation of the California Smog
Check program are reflected in the baseline emissions projections that
are relied upon to demonstrate reasonable further progress and
attainment in the regional air quality plans developed for the
nonattainment areas for the 2015 ozone NAAQS. The Smog Check
Certification SIP would not relax any requirements of the program.
Therefore, we propose to find that 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).
C. Did the State consider environmental justice in developing this plan
element?
Environmental justice (EJ) is 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. As
explained in the EJ Legal Tools to Advance Environmental Justice 2022
document,\31\ the CAA provides states with the discretion to consider
environmental justice in developing rules, measures and plan elements
related to nonattainment area SIP requirements.
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\31\ EPA, EPA Legal Tools to Advance Environmental Justice, May
2022.
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In this instance, CARB exercised this discretion and did not
evaluate EJ considerations as part of its SIP submission. There is no
information in the record inconsistent with the stated goals of E.O.
12898 of achieving EJ for people of color, low-income populations, and
indigenous peoples.
D. Proposed Action and Public Comments
Pursuant to section 110(k)(3) of the Act, and for the reasons given
above, the EPA is proposing 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. If finalized as
proposed, this action would add the Smog Check Certification SIP to the
federally-enforceable California SIP.
We will accept comments from the public on this proposal until
August 1, 2024.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the relevant provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP
[[Page 54758]]
submissions, the EPA's role is to approve State choices, provided that
they meet the criteria of the CAA. Accordingly, this proposed action
merely proposes to approve a State plan element as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed 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), 13563 (76 FR 3821, January 21,
2011) 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 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); 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 CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the proposed rule does not have Tribal implications and
will not impose substantial direct costs on Tribal governments or
preempt Tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on 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, if finalized, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: June 25, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-14349 Filed 7-1-24; 8:45 am]
BILLING CODE 6560-50-P
