ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0470; FRL- ]

Approval and Promulgation of Air Quality Implementation Plans; 

California; Motor Vehicle Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving state implementation plan (SIP) 

revisions submitted by the State of California on June 5, 2009 

and October 28, 2009 relating to the State’s basic and enhanced 

vehicle inspection and maintenance (I/M) program. The effect of 

this action is to make the revisions federally enforceable as 

part of the California SIP. 

DATES: This final rule is effective [Insert date 30 days from 

the date of publication in the Federal Register].

ADDRESSES: EPA has established a docket for this action under 

EPA-R09-OAR-2009-0470. The index to the docket for this action 

is available electronically at http://www.regulations.gov and in 

hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, 

California. While all documents in the docket are listed in the 

index, some information may be publicly available only at the 

hard copy location (e.g., copyrighted material) and some may not 

be available in either location [(e.g., confidential business 

information (CBI)]. To inspect the hard copy materials, please 
2

schedule an appointment during normal business hours with the 

contact listed in the FOR FURTHER INFORMATION CONTACT section.

Although listed in the index, some information is not publicly 

available, i.e. CBI or other information the disclosure of which 

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.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, 

(415) 947-4152, buss.jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms 

―we‖, ―us‖, and ―our‖ refer to EPA.

I. Summary of the Proposed Actions

On August 19, 2009 (74 FR 41818), EPA proposed to approve a 

SIP revision submitted by the California Air Resources Board 

(CARB) on June 5, 2009 relating to the State’s basic and 

enhanced vehicle I/M program (―2009 I/M Revision‖) contingent 

upon the State’s submittal of revisions to the enhanced program 

performance standard evaluations to address: (1) a different 

attainment year for the Western Mojave Desert 8-hour ozone 

nonattainment area and (2) California’s base-year program 

performance for the six areas subject to the enhanced I/M 

program.

More specifically and with the exception of the enhanced 

program performance standard evaluations, we concluded that the 
3

2009 I/M Revision met the procedural requirements for adoption 

and submittal of SIP revisions, and the substantive requirements 

for I/M programs under the Clean Air Act (CAA or ―Act‖) and our 

regulations. In addition, we concluded that the 2009 I/M 

Revision would not interfere with any applicable requirement 

concerning attainment of the national ambient air quality 

standards (NAAQSs) or any other applicable requirement of the 

Act. In so doing, we took into consideration changes in EPA’s 

I/M regulations since our previous approval of the California 

I/M program, changes in the California I/M programs since our 

previous approval, initial area designations for the 1997 8-hour 

ozone standards, and the requirements of the implementation 

rules for the 1997 8-hour ozone standard. For more background on 

California’s I/M program, a more detailed description of the 

changes in EPA’s I/M regulations since our previous approval of 

the program and of the 2009 I/M Revision itself, and a more 

detailed explanation of our evaluation of the 2009 I/M Revision 

and of our rationale for our proposed action, please see the 

August 19, 2009 proposed rule and related Technical Support 

Document. 

In our August 19, 2009 proposed rule, we indicated that our 

proposed approval of the 2009 I/M Revision was contingent upon 

the State’s submittal of revisions to the enhanced program 

performance standard evaluations to address certain issues as 
4

described above. On October 28, 2009, CARB submitted revisions 

to the enhanced program performance standard evaluations to 

address these issues. 

On November 18, 2009 (74 FR 59496), EPA published a Notice 

of Data Availability (NODA) and request for comment on these 

revisions to the enhanced program performance standard 

evaluations. In that notice we stated that we had reviewed the 

additional modeling information submitted by CARB on October 28, 

2009 and believed that the analyses support our conclusions that

the California program: (1) achieved greater percent emissions 

reductions (relative to the no I/M scenario) for volatile 

organic compounds (VOC) and oxides of nitrogen (NOx) in each of 

the six areas than the EPA model enhanced I/M program in 2002, 

and (2) would achieve greater percent emissions reductions 

(relative to the no I/M scenario) for VOC and NOx in each of the 

six areas in the year before the attainment year than would the 

EPA model enhanced I/M program in 2002. Please see our November 

18, 2009 NODA for a more detailed discussion of CARB’s October 

28, 2009 submittal and our evaluation of it.

II. EPA’s Response to Comments

Our August 19, 2009 proposed rule provided for a 30-day 

comment period, and our November 18, 2009 NODA provided for a 

14-day comment period. We did not receive any public comments in 

response to the proposed rule or the NODA. 
5

III. Final Action

Under section 110(k)(3) of the Clean Air Act, EPA is 

approving CARB’s 2009 I/M Revision, as submitted by CARB on June 

5, 2009, and revised by CARB on October 28, 2009, as a revision 

to the California SIP. For the reasons set forth in this 

document and in the August 19, 2009 proposed rule, we conclude 

that CARB’s I/M SIP revisions meet the requirements of CAA 

sections 182(a)(2)(B) and 182(c)(3) in the geographic areas 

where the statutory requirements apply, and applicable EPA I/M 

regulations set forth in 40 CFR part 51, subpart S. The updated

elements of the California I/M program that we are approving 

include the following:

(1) Discussion of each of the required design elements of

the I/M program;

(2) Description of the current geographic coverage of the 

program, including updated maps and list of program requirements 

by zip code; 

(3) I/M-related statutes and regulations;

(4) High enhanced I/M performance standard evaluations for 

the urbanized areas within six California ozone nonattainment 

areas (South Coast Air Basin, San Joaquin Valley, Sacramento 

Metro, Coachella Valley, Ventura County, and Western Mojave 

Desert), as meeting the requirements of CAA section 182(c)(3);
6

(5) Basic I/M performance standard evaluation for the 

urbanized area within the San Francisco Bay Area ozone 

nonattainment area under section 182(a)(2)(B); and

(6) Emission analyzer specifications and test procedures, 

including BAR-97 specifications.

Lastly, we are codifying today’s approval by adding new 

paragraphs to 40 CFR 52.220 and 40 CFR 52.241, and we are 

deleting regulatory language [see 40 CFR 52.241(a)] that 

codified EPA’s 1997 interim approval of California’s enhanced 

I/M program because today’s final approval of the revised I/M 

program makes that language obsolete. 

IV. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to 

approve a SIP submission that complies with the provisions of 

the Act and applicable Federal regulations. 42 U.S.C. 7410(k);

40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role 

is to approve state choices, provided that they meet the 

criteria of the Clean Air Act. Accordingly, this action merely 

approves state law as meeting Federal requirements and does not 

impose additional requirements beyond those imposed by state 

law. For that reason, this action:

• is not a "significant regulatory action" subject to review 

by the Office of Management and Budget under Executive 

Order 12866 (58 FR 51735, October 4, 1993);
7

• 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 (Public Law 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 EPA with the discretionary authority to 

address, as appropriate, disproportionate human health or 

environmental effects, using practicable and legally 
8

permissible methods, under Executive Order 12898 (59 FR 

7629, February 16, 1994).

In addition, this rule does not have tribal implications as 

specified by Executive Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved to apply in Indian 

country located in the state, and EPA notes that it will not 

impose substantial direct costs on tribal governments or preempt 

tribal law.

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. 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 [FEDERAL 
9

REGISTER OFFICE: insert date 60 days from the date of 

publication of this document in the Federal Register]. Filing a 

petition for reconsideration by the Administrator of this final 

rule does not affect the finality of this action for 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

Air pollution control, Carbon monoxide, Incorporation by 

reference, Intergovernmental relations, Nitrogen Dioxide, Ozone,

Reporting and recordkeeping requirements, and Volatile organic 

compounds. 

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

December 10, 2009 /s/__________________________ 

Date Laura Yoshii,

Acting Regional Administrator,

Region IX
10

Part 52, chapter I, title 40 of the Code of Federal 

Regulations is amended as follows:

PART 52 – [AMENDED]

1. The authority citation for part 52 continues to read as 

follows:

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

2. Section 52.220 is amended by adding paragraphs 

(c)(234)(i)(A)(2), (c)(234)(i)(A)(3), (c)(372) and (c)(373) to 

read as follows:

' 52.220 Identification of plan.

* * * * *

(c) * * *

(234) * * *

(i) * * *

(A) * * *

(2) Previously approved on January 8, 1997, in paragraph 

(234)(i)(A)(1)(i), and now deleted without replacement: Health 

and Safety Code: Division 26, Part 5, Chapter 5 (Motor Vehicle 

Inspection Program), Article 1, sections 44001.6, 44001.7, 

44003.1, 44006; Article 2, sections 44015.3, 44022, 44023; 

Article 3, section 44031; Article 8, sections 44081.5, 44082, 

44083.
11

(3) Previously approved on January 8, 1997, in paragraph 

(234)(i)(A)(1)(iv), and now deleted without replacement: Title 

16, California Code of Regulations, Division 33, Bureau of 

Automotive Repair, Article 5.5, Motor Vehicle Inspection 

Program, sections 3340.16.6, 3340.42.1.

* * * * *

(372) The following revisions to the California Motor Vehicle 

Inspection and Maintenance Program were submitted on June 5, 

2009 (2009 I/M Revision), by the Governor's Designee.

(i) Incorporation by reference.

(A) California Air Resources Board.

(1) California Code of Regulations, Title 16 (Professional and 

Vocational Regulations), Division 33 (Bureau of Automotive 

Repair), Chapter 1 (Automotive Repair Dealers and Official 

Stations and Adjusters), Article 1 (General Provisions), 

sections 3303.1, ―Public Access to License, Administrative 

Action, and Complaint Information‖ (operative July 20, 2007); 

3303.2, ―Review of Applications for Licensure, Registration and 

Certification; Processing Time‖ (operative July 9, 2003); 

Article 5.5 (Motor Vehicle Inspection Program), sections 3340.1, 

―Definitions‖ (operative June 29, 2006); 3340.7, ―Fee for 

Inspection at State-Contracted Test-Only Facility‖ (operative

August 17, 1995); 3340.9, ―Repair Assistance Program‖ (operative

October 30, 2000); 3340.10, ―Licensing of Smog Check Stations‖ 
12

(operative July 26, 1996); 3340.15, ―General Requirements for 

Smog Check Stations‖ (operative July 9, 2003); 3340.16, ―TestOnly Station Requirements‖ (operative August 1, 2007);

3340.16.5, ―Test-and-Repair Station Requirements‖ (operative

June 29, 2006); 3340.17, ―Test Equipment, Electronic 

Transmission, Maintenance and Calibration Requirements‖ 

(operative June 29, 2006); 3340.18, ―Certification of Emissions 

Inspection System Calibration Gases and Blenders of Gases‖ 

(operative July 9, 2003); 3340.22.1, ―Smog Check Station Service 

Signs‖ (operative February 1, 2001); 3340.22.2, ―Smog Check 

Station Repair Cost Limit Sign‖ (operative February 1, 2001);

3340.23, ―Licensed Smog Check Station That Ceases Operating As a 

Licensed Station‖ (operative June 23, 1995); 3340.24,

―Suspension, Revocation, and Reinstatement of Licenses‖ 

(operative June 23, 1995); 3340.28, ―Licenses and Qualifications 

for Technicians‖ (operative January 17, 2009); 3340.29, 

―Licensing of Technicians‖ (operative January 17, 2009);

3340.30, ―General Requirements for Licensed Technicians‖

(operative June 23, 1995); 3340.31, ―Retraining of Licensed 

Technicians‖ (operative June 23, 1995); 3340.32, ―Standards for 

the Certification of Institutions Providing Retraining to 

Licensed Technicians or Prerequisite Training to Those Seeking 

to Become Licensed Technicians‖ (operative July 9, 2003);

3340.32.1, ―Standards for the Decertification and 
13

Recertification of Institutions Providing Retraining to Licensed 

Technicians or Prerequisite Training to Those Seeking to Become 

Licensed Technicians‖ (operative June 23, 1995); 3340.33,

―Standards for the Certification of Basic and Advanced 

Instructors Providing Retraining to Intern, Basic Area, and 

Advanced Emission Specialist Licensed Technicians or 

Prerequisite Training to Those Seeking to Become Intern, Basic 

Area, or Advanced Emission Specialist Licensed Technicians‖ 

(operative February 1, 2001); 3340.33.1, ―Standards for the 

Decertification and Recertification of Instructors Providing 

Retraining to Licensed Technicians or Prerequisite Training to 

Those Seeking to Become Licensed Technicians‖ (operative June 

23, 1995); 3340.35, ―A Certificate of Compliance, Noncompliance, 

Repair Cost Waiver or an Economic Hardship Extension‖ (operative

June 25, 1998); 3340.35.1, ―A Certificate of Compliance, 

Noncompliance, Repair Cost Waiver or an Economic Hardship 

Extension Fee Calculation‖ (operative December 2, 1998); 

3340.36, ―Clearing Enforcement Forms‖ (operative July 26, 1996); 

3340.37, ―Installation of Oxides of Nitrogen (NOx) Devices)‖ 

(operative July 26, 1996); 3340.41, ―Inspection, Test, and 

Repair Requirements‖ (operative June 29, 2006); 3340.42, 

―Mandatory Smog Check Inspection and Test Procedures, and 

Emissions Standards‖ (operative January 11, 2008); 3340.50, 

―Fleet Facility Requirements‖ (operative February 15, 2002);
14

3340.50.3, ―Fleet Records and Reporting Requirements‖ (operative 

June 23, 1995); 3340.50.4, ―Fleet Certificates‖ (operative June 

25, 1998); 3340.50.5 ―Suspension or Rescission of Fleet Facility 

License‖ (operative June 23, 1995); Article 10 (Gold Shield 

Program), sections 3392.1, ―Gold Shield Program (GSP)‖ 

(operative May 28, 2003); 3392.2, ―Responsibilities of Smog 

Check Stations Certified as Gold Shield‖ (operative August 1, 

2007); 3392.3, ―Eligibility for Gold Shield Certification; 

Quality Assurance‖ (operative May 28, 2003); 3392.4, ―Gold 

Shield Guaranteed Repair (GSGR) Program Advertising Rights‖ 

(operative May 28, 2003); 3392.5, ―Causes for Invalidation of 

Gold Shield Station Certification‖ (operative May 28, 2003); 

3392.6, ―Gold Shield Program Hearing and Determination‖ 

(operative May 28, 2003); Article 11 (Consumer Assistance 

Program), sections 3394.1, ―Purpose and Components of the

Consumer Assistance Program‖ (operative October 30, 2000); 

3394.2, ―Consumer Assistance Program Administration‖ (operative 

October 30, 2000); 3394.3, ―State Assistance Limits‖ (operative 

October 30, 2000); 3394.4, ―Eligibility Requirements‖ (operative 

August 12, 2008); 3394.5, ―Ineligible Vehicles‖ (operative 

October 30, 2000); 3394.6, ―Application and Documentation 

Requirements‖ (operative July 31, 2006).

(ii) Additional material.

(A) California Air Resources Board.
15

(1) Executive Order S-09-008, dated June 9, 2009, adopting the 

2009 I/M Revision.

(2) Non-regulatory portion of the Revised State Implementation

Plan for California’s Motor Vehicle Inspection & Maintenance 

Program (April 7, 2009), excluding chapter 51.351 (except as it 

applies to the San Francisco Bay Area), chapter 51.352, and 

attachments 4 and 5.

(3) Health and Safety Code (2009): Division 26, Part 1, Chapter 

2, section 39032.5; Part 5, Chapter 5 (Motor Vehicle Inspection 

Program), Articles 1—9. 

(4) Business and Professions Code (2008): Division 3, Chapter 

20.3 (Automotive Repair), Article 4, sections 9886, 9886.1, 

9886.2, 9886.3, 9886.4.

(5) Vehicle Code (2009): Division 3, Chapter 1 (Original and 

Renewal of Registration; Issuance of Certificates of Title), 

Article 1, sections 4000.1, 4000.2, 4000.3, 4000.6.

(373) The following revisions to the California Motor Vehicle 

Inspection and Maintenance Program were submitted on October 28, 

2009, by the Governor's Designee.

(i) [Reserved]

(ii) Additional material.

(A) California Air Resources Board.

(1) California I/M Program SIP Revision – Additional Enhanced 

I/M Performance Modeling, Tables of Results, excluding New 
16

Mobile 6 Input and Output Files and New Registration 

Distribution Files.

* * * * *

3. Section 52.241 is revised to read as follows:

' 52.241 Inspection and Maintenance Program

(a) [Reserved]

(b) Approval. On June 5, 2009, the California Air Resources 

Board submitted a revision to the California Motor Vehicle 

Inspection and Maintenance Program (2009 I/M Revision) to 

satisfy the requirements for basic and enhanced motor vehicle 

inspection and maintenance (I/M) in applicable ozone 

nonattainment areas. On October 28, 2009, the California Air 

Resources Board amended the 2009 I/M Revision to include revised 

enhanced performance program evaluations for six nonattainment 

areas. Approved elements of the 2009 I/M Revision, as amended on 

October 28, 2009, include a discussion of each of the required 

design elements of the I/M program; description of the current 

geographic coverage of the program; I/M-related statutes and 

regulations; enhanced I/M performance standard evaluations for 

the urbanized areas within six California ozone nonattainment 

areas (South Coast Air Basin, San Joaquin Valley, Sacramento 

Metro, Coachella Valley, Ventura County, and Western Mojave 

Desert); basic I/M performance standard evaluation for the 

urbanized area within the San Francisco Bay Area ozone 
17

nonattainment area; and emission analyzer specifications and 

test procedures, including BAR-97 specifications. The 2009 I/M 

Revision, as amended on October 28, 2009, meets the requirements 

of sections 182(a)(2)(B) and 182(c)(3) of the Clean Air Act, as 

amended in 1990, and 40 CFR part 51 subpart S and is approved as 

a revision to the California State Implementation Plan.