|
|---|
|
Air Quality State Implementation Plans; Approvals and Promulgations: California; Opacity Testing of Heavy-Duty Diesel Vehicles Publication: Federal Register Agency: Environmental Protection Agency Byline: Martha Guzman Aceves Date: 10 May 2022 Subjects: American Government  , The Environment
|
[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Rules and Regulations]
[Pages 27949-27951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09727]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0452; FRL-8834-02-R9]
Air Quality State Implementation Plans; Approvals and
Promulgations: California; Opacity Testing of Heavy-Duty Diesel
Vehicles
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the California State Implementation
Plan (SIP) concerning particulate matter (PM) emissions from heavy-duty
(HD) diesel vehicles. We are approving state rules that regulate PM
emission sources under the Clean Air Act (CAA or the Act).
DATES: This rule is effective on June 9, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0452. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4152 or by
email at buss.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On November 5, 2021 (86 FR 61100), the EPA proposed to approve the
following rules into the California SIP.
----------------------------------------------------------------------------------------------------------------
Agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
CARB.................... Title 13, Division 3, Heavy-Duty Diesel Smoke 07/01/2019 02/13/2020
Chapter 3.5. Emission Testing and
Heavy-Duty Vehicle
Emission Control System
Inspections.
CARB.................... Title 13, Division 3, Periodic Smoke Inspections 07/01/2019 02/13/2020
Chapter 3.6. of Heavy-Duty Diesel-
Powered Vehicles.
----------------------------------------------------------------------------------------------------------------
We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. Our proposed action contains
more information on the rules and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received nine comments from members of the
public. These comments were generally supportive of the action and none
raised any concerns with our proposed rule.
III. EPA Action
Nine comments were submitted, and none change our assessment of the
rules as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving these rules
into the California SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
California rules described in the amendments to 40 CFR part 52 set
forth below. Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\ The EPA has made, and will continue
to make, these documents available through www.regulations.gov and at
the EPA Region IX Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
[[Page 27950]]
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 11, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter.
Dated: April 29, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. In Sec. 52.220a, in paragraph (c), table 1 is amended by:
0
a. Adding a heading for ``Title 13 (Motor Vehicles), Division 3 (Air
Resources Board), Chapter 3.5. (Heavy-Duty Diesel Smoke Emission
Testing, and Heavy-Duty Vehicle Emission Control System Inspections)''
after the entry for ``2147(b)(3)''; and adding entries for ``2180'',
``2180.1'', ``2181'', ``2182'', ``2183'', ``2184'', ``2185'', ``2186'',
``2187'', ``2188'' and ``2189'' under the newly added heading;
0
b. Adding a heading for ``Title 13 (Motor Vehicles), Division 3 (Air
Resources Board), Chapter 3.6. (Periodic Smoke Inspections of Heavy-
Duty Diesel-Powered Vehicles)'' after the newly added entry for
``2189''; and adding entries for ``2190'', ``2191'', ``2192'',
``2193'', and ``2194'' under the newly added heading.
The additions read as follows:
Sec. 52.220a Identification of plan-in part.
* * * * *
(c) * * *
Table 1--EPA-Approved Statutes and State Regulations \1\
----------------------------------------------------------------------------------------------------------------
Additional
State citation Title/subject State effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 3.5. (Heavy-Duty Diesel Smoke Emission
Testing, and Heavy-Duty Vehicle Emission Control System Inspections)
----------------------------------------------------------------------------------------------------------------
2180.................... Applicability...... July 1, 2019............ May 10, 2022, Unless otherwise
[INSERT Federal noted, this
Register CITATION]. chapter applies
to all diesel-
powered and
gasoline-powered
heavy-duty
vehicles
operating in
California.
2180.1.................. Definitions........ July 1, 2019............ May 10, 2022, Definitions for
[INSERT Federal applicable
Register CITATION]. vehicles, opacity
standards,
inspections,
penalties and
appeals.
[[Page 27951]]
2181.................... Responsibilities of July 1, 2019............ May 10, 2022, Sets forth the
the Driver and [INSERT Federal responsibilities
Inspector During Register CITATION]. of the vehicle
the Inspection inspector and
Procedure. driver during an
inspection.
2182.................... Heavy-Duty Diesel July 1, 2019............ May 10, 2022, Sets forth opacity
Vehicle Smoke [INSERT Federal standards and
Opacity Standards Register CITATION]. testing
and Test procedures.
Procedures;
Excessive Smoke.
2183.................... Inspection of the July 1, 2019............ May 10, 2022, Describes the
Emission Control [INSERT Federal inspection
System on a Heavy- Register CITATION]. procedures
Duty Vehicle. inspector use to
determine whether
the emission
control
components on
diesel vehicles
have been
tampered,
inadequately
maintained or
defective.
2184.................... Refusal to Submit July 1, 2019............ May 10, 2022, Describes the
to Inspection [INSERT Federal consequences of a
Procedure. Register CITATION]. refusal to submit
to a vehicle
inspection.
2185.................... Civil Penalty July 1, 2019............ May 10, 2022, Sets for the civil
Schedule. [INSERT Federal penalties for
Register CITATION]. failing a vehicle
inspection.
2186.................... Demonstration of July 1, 2019............ May 10, 2022, Sets for the
Correction and [INSERT Federal requirements for
Post-Repair Test Register CITATION]. a vehicle owner
or Inspection. to demonstrate
correction and
post-inspection
repair to pass an
inspection.
2187.................... Vehicles Removed July 1, 2019............ May 10, 2022, Sets for the
from Service. [INSERT Federal conditions upon
Register CITATION]. which a vehicle
failing
inspection can be
removed from, and
return to,
service.
2188.................... Contesting a July 1, 2019............ May 10, 2022, Describes how a
Citation. [INSERT Federal vehicle owner may
Register CITATION]. contest a
citation for
failing and
inspection.
2189.................... Severability of July 1, 2019............ May 10, 2022, Provides that in
Provisions. [INSERT Federal the event any
Register CITATION]. portion of the
chapter is held
to be invalid,
unenforceable or
unconstitutional,
the remaining
portions shall
remain in effect.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 3.6. (Periodic Smoke Inspections of Heavy-
Duty Diesel-Powered Vehicles)
----------------------------------------------------------------------------------------------------------------
2190.................... Vehicles Subject to July 1, 2019............ May 10, 2022, Defines the heavy-
the Periodic Smoke [INSERT Federal duty diesel-
Inspection Register CITATION]. powered vehicles
Requirements. operating in
California that
are subject to
periodic smoke
inspection, as
well as listing
those that are
exempt.
2191.................... Definitions........ July 1, 2019............ May 10, 2022, Defines diesel
[INSERT Federal vehicle fleets
Register CITATION]. subject to the
regulation and
applicable
testing
procedures.
2192.................... Vehicle Inspection July 1, 2019............ May 10, 2022, Sets forth the
Responsibilities. [INSERT Federal responsibilities
Register CITATION]. of diesel vehicle
fleet owners to
comply with the
requirements of
the periodic
smoke inspection
program.
2193.................... Smoke Opacity July 1, 2019............ May 10, 2022, Sets forth opacity
Standards, [INSERT Federal testing
Inspection Register CITATION]. standards,
Intervals, and inspection
Test Procedures. intervals, test
procedures and
alternate test
procedures.
2194.................... Record Keeping July 1, 2019............ May 10, 2022, Requires vehicle
Requirements. [INSERT Federal owners to
Register CITATION]. maintain records
of test or
alternate test
results and
provide them to
the California
Air Resources
Board upon
request.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
are cited in certain regulations listed in Table 1. Approved California statutes that are nonregulatory or
quasi-regulatory are listed in paragraph (e).
* * * * *
[FR Doc. 2022-09727 Filed 5-9-22; 8:45 am]
BILLING CODE 6560-50-P