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14See https://www.epa.gov/ejscreen. 

2023: 30 TAC chapter 114, subchapter 

A, sections 114.1 and 114.2, and 

subchapter C, sections 114.50, 114.53, 

and 114.82. The submitted revisions 

describe and demonstrate how CAA 

requirements for a Basic vehicle I/M 

program (CAA section 182(b)(4) and 40 

CFR part 51, subpart S) meets the 

requirements for 2015 ozone NAAQS for 

the San Antonio ozone nonattainment 

area; and incorporates minor changes 

for the display of a vehicle’s registration 

insignia. This proposed action is being 

taken pursuant to section 110 and part 

D of the CAA. 

V. Environmental Justice 

Considerations 

For this proposed action, The EPA 

conducted screening analyses using the 

EPA’s Environmental Justice (EJ) 

screening tool (EJScreen tool, version 

2.2).14 The EPA reviewed 

environmental and demographic data of 

the populations living within the San 

Antonio area. The EPA then compared 

these data to the national average for 

each of the environmental and 

demographic groups. The results of this 

analysis are being provided for 

informational and transparency 

purposes. 

Review of the environmental analyses 

indicate that the San Antonio ozone 

nonattainment area is above the 80th 

percentile for Particulate Matter 2.5, 

Ozone, and Superfund Proximity. A 

detailed description of the EJ 

considerations and the EJScreen 

analysis reports are available in the 

docket for this rulemaking. 

VI. 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 Clean Air 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ 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.’’ 

This proposed action would 

strengthen measures in the current SIP 

by implementing a vehicle inspection 

and maintenance program in the San 

Antonio area. As such, at a minimum, 

this action would not worsen any 

existing air quality and is expected to 

ensure that the San Antonio 

nonattainment area is meeting 

requirements to attain and/or maintain 

air quality standards. Further, there is 

no information in the record indicating 

this action is expected to have 

disproportionately high or adverse 

human health or environmental effects 

on a particular group of people. The 

EPA performed an environmental 

justice analysis, as described earlier in 

this action under ‘‘Environmental 

Justice Considerations.’’ The analysis 

was done for the purpose of providing 

additional context and information 

about this proposal to the public, not as 

a basis of the action. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Volatile organic 

compounds. 

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

Dated: October 3, 2024. 

Earthea Nance, 

Regional Administrator, Region 6. 

[FR Doc. 2024–23340 Filed 10–10–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2024–0370; FRL–12152– 

01–R9] 

Approval and Promulgation of 

Implementation Plans; California; 

California Mobile Source Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the California State 

Implementation Plan (SIP) consisting of 

California regulations and related test 

procedures that were adopted as part of 

California’s Advanced Clean Cars I 

program and that establish standards 

and other requirements relating to the 

control of emissions of greenhouse gases 

from new passenger cars, light-duty 

trucks, and medium-duty vehicles. The 

standards and other requirements relate 

to 2017 and subsequent model-year 

passenger cars, light-duty trucks, and 

medium-duty vehicles. The EPA is 

proposing to approve the SIP revision 


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1EPA regulations refer to ‘‘nonroad’’ vehicles and 

engines whereas California regulations refer to ‘‘offroad’’ vehicles and engines. These terms refer to the 

same types of vehicles and engines. 

2For example, the EPA has granted waivers for 

CARB’s Advanced Clean Cars I program (this 

program includes California’s Low Emission 

Vehicle (LEV III) criteria and greenhouse gas 

pollutant standards for light- and medium-duty 

vehicles, and a ZEV sales mandate). See 78 FR 2112 

(January 9, 2013) (Advanced Clean Cars program); 

84 FR 51310 (September 27, 2019) (partial 

withdrawal of 2013 waiver for Advanced Clean Cars 

program); 87 FR 14332 (March 14, 2022) 

(reinstatement of 2013 waiver for Advanced Clean 

Cars program). 

3 81 FR 39424 (June 16, 2016), 82 FR 14446 

(March 21, 2017), and 83 FR 23232 (May 18, 2018). 

The Advanced Clean Cars I program includes LEV 

III criteria pollutant and greenhouse gas emissions 

standards for light- and medium-duty vehicles and 

a Zero-Emission Vehicle (ZEV) sales mandate. The 

EPA’s June 16, 2016 SIP approval included the LEV 

III criteria pollutant emissions standards, and the 

ZEV sales mandate, but not the LEV III greenhouse 

gas emissions standards. We are proposing approval 

of the LEV III greenhouse gas emissions standards 

in this document. 

because the regulations and related test 

procedures meet the applicable 

requirements of the Clean Air Act. If 

finalized, approval of the regulations 

and related test procedures as part of the 

California SIP will make them federally 

enforceable. 

DATES: Comments must be received on 

or before November 12, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2024–0370 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 a 

disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Buss, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. 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. Background 

II. The State’s Submission 

A. What regulations did the State submit? 

B. Would these regulations be new to the 

SIP? 

C. What is the purpose of the submitted 

regulations? 

III. EPA’s Evaluation and Proposed Action 

A. How is the EPA evaluating the 

regulations? 

B. Do the State regulations meet CAA SIP 

evaluation criteria? 

C. Proposed Action and Public Comment. 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

Under the Clean Air Act (CAA or 

‘‘Act’’), the EPA establishes national 

ambient air quality standards (NAAQS) 

to protect public health and welfare. 

The EPA has established NAAQS for a 

number of pervasive air pollutants 

including ozone, carbon monoxide, 

nitrogen dioxide, sulfur dioxide, lead 

and particulate matter, which are 

referred to as ‘‘criteria air pollutants.’’ 

Under section 110(a)(1) of the CAA, 

states must submit plans that provide 

for the implementation, maintenance, 

and enforcement of the NAAQS within 

each state. Such plans are referred to as 

State Implementation Plans (SIPs) and 

revisions to those plans are referred to 

as SIP revisions. Section 110(a)(2) of the 

CAA sets forth the content requirements 

for SIPs. Among the various 

requirements, SIPs must include 

enforceable emission limitations and 

other control measures, means, or 

techniques that may be necessary or 

appropriate to meet the applicable 

requirements of the CAA. See CAA 

section 110(a)(2)(A). 

Emissions sources contributing to 

ambient air pollution levels can be 

divided into two basic categories: 

Stationary emissions sources and 

mobile emissions sources. With certain 

exceptions, such as the EPA’s 

authorities under CAA sections 111 and 

112, the CAA assigns stationary source 

regulation to the states through title I of 

the Act and assigns mobile source 

regulation to the EPA through title II of 

the Act. In so doing, the CAA preempts 

various types of state regulation of 

mobile sources as set forth in section 

209(a) (preemption of state emissions 

standards for new motor vehicles and 

engines) and section 209(e) (preemption 

of state emissions standards for new and 

non-new nonroad vehicles and 

engines).1

Under California law, the California 

Air Resources Board (CARB) is the State 

agency responsible for adopting and 

submitting the California SIP and SIP 

revisions to the EPA for approval. Over 

the years, CARB has submitted, and the 

EPA has approved, many county and 

regional air district rules regulating 

stationary source emissions as part of 

the California SIP. See generally 40 CFR 

52.220(c). 

With respect to mobile sources that 

are specifically preempted under the 

CAA, CARB must request a waiver (for 

motor vehicles and engines) or 

authorization (for nonroad engines and 

vehicles) in order to enforce standards 

relating to the control of emissions and 

accompanying enforcement procedures 

for these types of mobile sources. See 

CAA sections 209(b) (new motor 

vehicles) and 209(e)(2) (most categories 

of new and non-new nonroad engines 

and vehicle vehicles). Over the years, 

CARB has submitted many requests for 

waiver or authorization of its standards 

and other requirements relating to the 

control of emissions from new motor 

vehicles and engines and new and nonnew nonroad vehicles and engines, and 

the EPA has granted many such 

requests.2

Once the EPA grants the request for 

waiver or authorization, CARB may 

enforce the corresponding mobile 

source regulations. In recent years, 

CARB has submitted as revisions to the 

California SIP, and the EPA has 

approved, various CARB mobile source 

regulations that establish standards and 

other requirements for the control of 

emissions from new motor vehicles and 

engines and new and non-new nonroad 

vehicles and engines for which the EPA 

has issued waivers or authorizations.3

CARB and the air districts rely on 

these county, regional, and State 

stationary and mobile source regulations 

to meet various CAA requirements and 

include the corresponding emissions 

reductions of criteria air pollutants or 

their precursors in the various regional 

air quality plans developed to attain and 

maintain the NAAQS. Precursors for 

criteria air pollutants include oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOCs) for ozone and 

particulate matter (PM). The EPA 

generally allows California to take credit 


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4The ACC program adopted by CARB in 2012 is 

now referred to as ‘‘ACC I’’ to distinguish it from 

CARB’s newly adopted Advanced Clean Cars II 

(‘‘ACC II’’) program. 

5CARB, Staff Report: Initial Statement of Reasons 

for Proposed Rulemaking, Public Hearing to 

Consider the ‘‘LEV III’’ Amendments to the 

California Greenhouse Gas and Criteria Pollutant 

Exhaust and Evaporative Emission Standards and 

Test Procedures and to the On-Board Diagnostic 

System Requirements for Passenger Cars, LightDuty Trucks, and Medium-Duty Vehicles, and to 

the Evaporative Emission Requirements for HeavyDuty Vehicles, Release Date: December 7, 2011, 

page ES–3. See, also 78 FR 2112 (January 9, 2013). 

6CARB, Resolution 15–40, July 23, 2015. 

Resolution 15–40 includes Attachment A (‘‘Waiver/ 

Authorization List included as set forth in the 

Appendix A to the Staff Report, released June 19, 

2015’’), that identifies the regulations covered by 

the resolution. 

7 81 FR 39124 (June 16, 2016). 

8The EPA approved the second set of regulations 

at 82 FR 14446 (March 21, 2017). The regulations 

included in the second set included regulations 

establishing emission standard requirements for 

Large Spark-Ignition (LSI) engines and Small OffRoad Equipment (SORE) and on-board diagnostic 

(OBD) system requirements for passenger cars, 

light-duty trucks, medium-duty vehicles and heavyduty vehicles. 

9The EPA approved the third set of regulations 

at 83 FR 23232 (May 18, 2018). The regulations 

included in the third set included regulations 

establishing emission standard requirements for 

commercial harbor craft (CHC), in-use diesel-fueled 

transport refrigeration units (TRUs), on-road heavyduty diesel engines and off-highway recreational 

vehicles. 

10CARB submitted the SIP revision electronically 

on July 3, 2021, as attachments to a letter dated July 

2, 2021 from Richard W. Cory, Executive Officer, 

CARB, to Deborah Jordan, EPA Region IX Acting 

Regional Administrator. 

for the corresponding emissions 

reductions relied upon in the various 

regional air quality plans because, 

among other reasons, the regulations are 

approved as part of the SIP and are 

thereby federally enforceable as 

required under CAA section 

110(a)(2)(A). 

One of the SIP revisions that included 

CARB mobile source regulations for 

which the EPA has granted waivers or 

authorizations under CAA section 209 

was a SIP revision that CARB submitted 

to the EPA on August 14, 2015. CARB’s 

August 14, 2015 SIP revision 

submission included, among other 

regulations, a set of state regulations 

referred to as the Advanced Clean Cars 

(herein, ‘‘ACC I’’) program, which was 

adopted by CARB in 2012.4 The ACC I 

program, which includes CARB’s LowEmission Vehicle III (LEV III) and zeroemission vehicle (ZEV) regulations, 

provides a single coordinated package of 

requirements for controlling criteria air 

pollutants or their precursors and 

greenhouse gas (GHG) emissions for 

Model Year (MY) 2015 through 2025 

passenger cars, light-duty trucks, and 

medium-duty passenger vehicles.5

Through CARB Resolution 15–40, the 

CARB Board approved the ACC I 

program for inclusion in the California 

SIP along with many other CARB 

measures for which the EPA had issued 

waivers or authorizations, for which 

EPA waivers/authorizations were 

pending, and for which CARB had not 

yet submitted waiver/authorization 

requests, and it authorized the CARB 

Executive Officer to determine which of 

the measures were appropriate for 

submission to the EPA as part of the 

SIP.6 Under the authority granted in 

Resolution 15–40, the CARB Executive 

Officer included the ACC I program 

along with many other CARB 

regulations in the August 14, 2015 SIP 

submission for which the EPA had 

issued waivers or authorizations, but he 

did not include the GHG-related 

provisions of the ACC I program. In 

2016, the EPA finalized approval of 

CARB’s August 14, 2015 SIP submission 

as submitted by CARB into the State’s 

SIP.7

On December 7, 2016, the CARB 

Executive Officer submitted a second set 

of regulations that had been approved 

for submission as part of the SIP 

through CARB Resolution 15–40. The 

second set of regulations consists of 

regulations for which the EPA had 

granted waivers or authorizations 

between August 2015 and December 

2016.8 On June 15, 2017, the CARB 

Executive Officer submitted a third set 

of regulations, those for which the EPA 

had granted waivers or authorizations 

between December 2016 and June 

2017.9

On July 3, 2021, CARB submitted the 

GHG-related provisions from the ACC I 

program to the EPA as a SIP revision. As 

noted previously, these provisions had 

not been included in the August 14, 

2015 SIP submission. In this action, the 

EPA is proposing approval of the 

regulations and related test procedures 

included in CARB’s July 3, 2021 SIP 

submission. 

II. The State’s Submission 

A. What regulations did the State 

submit? 

On July 3, 2021, CARB submitted a 

SIP revision that included certain State 

mobile source GHG emission 

regulations that had not been included 

in CARB’s August 14, 2015 SIP revision 

submission that had included other 

elements of its ACC I program.10 The 

SIP submission package consists of the 

regulations and related test procedures 

comprising the SIP revision itself as 

well as estimates of the emissions 

reductions associated with the GHGrelated portions of the ACC I program 

and documentation of the public 

process conducted by CARB in 

approving the regulations (including 

related test procedures) as part of the 

California SIP. 

Table 1 lists the specific sections of 

the California Code of Regulations (CCR) 

that are included in the July 3, 2021 SIP 

revision along with the corresponding 

date of CARB’s Board hearing during 

which the regulations or amendments 

were adopted, the state rules’ effective 

dates, and a description of the 

submitted regulations. 

TABLE 1—REGULATIONS SUBMITTED FOR APPROVAL ON JULY 3, 2021 

Section No. 13 CCR Rule title Relevant CARB 

hearing date(s) State effective date(s) Description of the submitted regulations 

1961.1 ........................ Greenhouse Gas Exhaust Emission Standards and Test Procedures—2009 through 

2016 Model Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicles.

01/26/2012 ................. 08/07/2012 ................. Amends existing regulation to account for 

adoption of a new section 1961.3 and updates certain citations and references. 

1961.2 ........................ Exhaust Emission Standards and Test Procedures—2015 and Subsequent Model 

Passenger Cars, Light-Duty Trucks, and 

Medium-Duty Vehicles.

09/28/2018 ................. 12/12/2018 ................. Updates test procedure reference. 


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11 81 FR 39424 (June 16, 2016). 

12PM10 refers to particles with an aerodynamic 

diameter less than or equal to a nominal 10 

micrometers, and PM2.5 refers to particles with an 

aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers. 

TABLE 1—REGULATIONS SUBMITTED FOR APPROVAL ON JULY 3, 2021—Continued 

Section No. 13 CCR Rule title Relevant CARB 

hearing date(s) State effective date(s) Description of the submitted regulations 

1961.3 ........................ Greenhouse Gas Exhaust Emission Standards and Test Procedures—2017 and 

Subsequent Model Passenger Cars, LightDuty Trucks, and Medium-Duty Passenger 

Vehicles.

01/26/2012, 09/28/ 

2012.

08/08/2012, 12/12/ 

2018.

Establishes fleet average carbon dioxide 

emissions standards for MY 2017 and 

subsequent MY passenger cars, light-duty 

trucks, and medium-duty vehicles. Establishes nitrous oxide and methane exhaust 

emissions standards for the same classification of vehicles. Other subsections establish an optional compliance approach 

and calculation procedures for credits and 

identify test procedures, among other requirements. 

1962.2(g)(6) ............... Use of ZEV Credits ....................................... 01/26/2012, 11/15/ 

2012.

08/07/2012, 12/31/ 

2012.

Provides for the use of ZEV credits, and 

other types of credits, by manufacturers. 

Provides for ‘‘GHG–ZEV Over Compliance 

Credits’’ and establishes requirements relating to applications, credit generation 

and calculation, use, and reporting. 

The regulations submitted by CARB 

and listed in Table 1 incorporate by 

reference documents that establish test 

procedures, among other requirements, 

that CARB submitted as part of the July 

3, 2021 SIP revision. Table 2 lists the 

incorporated documents included in the 

July 3, 2021 SIP revision. 

TABLE 2—DOCUMENTS INCORPORATED BY REFERENCE IN CARB REGULATIONS LISTED IN TABLE 1 AND SUBMITTED AS

PART OF THE SIP REVISION

California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty 

Vehicles, as last amended March 22, 2012 (GHG-related provisions). 

California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model 

Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, 

adopted March 22, 2012 (GHG-related provisions). 

California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model 

Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as 

amended September 28, 2018. 

California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, 

in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended March 22, 2012 (GHG-related provisions). 

California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted March 22, 2012 (GHG-related provisions).

California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model 

Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as 

last amended December 6, 2012 (GHG-related provisions). 

California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last 

amended December 6, 2012 (GHG-related provisions). 

California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Vehicles, in 

the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted December 6, 2012 (GHG-related provisions). 

B. Would these regulations be new to the 

SIP? 

The regulations included in the July 

3, 2021 SIP revision would be new to 

the California SIP with the exception of 

13 CCR 1961.2 (‘‘Exhaust Emission 

Standards and Test Procedures—2015 

and Subsequent Model Passenger Cars, 

Light-Duty Trucks, and Medium-Duty 

Vehicles’’). We approved a previous 

version of 13 CCR 1961.2 in 2016.11 The 

amendment to 13 CCR 1961.2 that was 

submitted on July 3, 2021, updates the 

test procedures (incorporated by 

reference through 13 CCR 1961.2(d)) to 

conform to the 2018 amendments that 

CARB made to 13 CCR 1961.3. 

C. What is the purpose of the submitted 

regulations? 

California continues to experience 

some of the most severe and persistent 

air pollution problems in the country. 

Under the CAA, based on ambient data 

collected at numerous sites throughout 

the State, the EPA has designated areas 

within California as nonattainment 

areas for the ozone NAAQS and the 

particulate matter (PM) NAAQS, which 

includes both coarse and fine 

particulate (i.e., PM10 and PM2.5).12 See, 

generally, 40 CFR 81.305. California also 

includes a number of areas that had 

been previously designated as 

nonattainment areas for the carbon 

monoxide NAAQS that the EPA has 

since redesignated as attainment areas 

because they have attained the standard; 

these areas are subject to an approved 

maintenance plan demonstrating how 

they will maintain the carbon monoxide 

standard into the future. 

Mobile source emissions constitute a 

significant portion of overall emissions 

of criteria air pollutants or their 

precursors, including carbon monoxide, 

VOCs, NOX, sulfur dioxide (SO2), and 

PM in the various air quality 

nonattainment or maintenance planning 

areas within California, and thus, the 

purpose of CARB’s mobile source 

regulations is to reduce these emissions 


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13 VOC and NOX are precursors responsible for 

the formation of ozone, and NOX and SO2 are 

precursors for PM2.5. SO2 belongs to a family of 

compounds referred to as sulfur oxides. PM2.5

precursors also include VOC and ammonia. See 40 

CFR 51.1000. 

14See Committee for a Better Arvin v. EPA, 786 

F.3d 1169 (9th Cir. 2015). 

15 81 FR 39424 (June 16, 2016). 

16CARB, Staff Report, Attachment B to Executive 

Order S–21–010 (‘‘Emissions Benefits of California’s 

Passenger Vehicle GHG Standards’’), dated July 2, 

2021. 

17 Id, page 2. 

18 2023, 2031 and 2037 correspond to the 

‘‘Extreme’’ area ‘‘attainment year ozone season’’ for 

the 1997, 2008 and 2015 ozone NAAQS, 

respectively, in the South Coast Air Basin 

nonattainment area. See 40 CFR 51.900(g), 

51.1100(h), and 51.1300(g) for the definition of 

‘‘attainment year ozone season.’’ 

19CARB, Staff Report, Attachment B to Executive 

Order S–21–010 (‘‘Emissions Benefits of California’s 

Passenger Vehicle GHG Standards’’), dated July 2, 

2021, page 11, table 5. 

20 Id. 

21CAA section 193, which prohibits any pre-1990 

SIP control requirement relating to nonattainment 

pollutants in nonattainment areas from being 

modified unless the SIP is revised to ensure 

equivalent or greater emission reductions of such 

air pollutants, does not apply to these regulations 

or amendments because they are new regulations or 

amend regulations previously approved in the 

California SIP in 2016, and thus, do not constitute 

an amendment to a pre-1990 SIP control 

requirement. 

22CARB Resolution 15–40, July 23, 2015. 

23Letter dated August 14, 2015 from Richard W. 

Corey, Executive Officer, CARB, to Jared 

Blumenfeld, EPA Region IX Regional 

Administrator. 

and thereby help reduce ambient 

concentrations of criteria pollutants or 

their precursors to the level needed to 

attain and maintain the NAAQS 

throughout California.13 As noted 

previously, NOX and VOCs are 

precursor emissions for both ozone and 

PM. At elevated levels, ozone and PM 

harm human health and the 

environment by contributing to 

premature mortality, aggravation of 

respiratory and cardiovascular disease, 

decreased lung function, visibility 

impairment, and damage to vegetation 

and ecosystems. The purpose of 

incorporating CARB’s mobile source 

regulations into the SIP is to make them 

federally enforceable and to allow CARB 

and local air districts to rely on the 

related emissions reductions in 

preparing air quality plans needed to 

meet CAA SIP requirements.14

As noted previously, CARB’s ACC I 

program, which includes CARB’s LEV 

III criteria pollutant standards and the 

ZEV regulations (and LEV III GHG 

emission standards that commenced in 

the 2017 MY), provides a single 

coordinated package of requirements for 

controlling criteria air pollutants or 

their precursors and greenhouse gas 

(GHG) emissions from passenger cars, 

light-duty trucks, and medium-duty 

passenger vehicles. The EPA previously 

approved the LEV III criteria pollutant 

standards and ZEV regulations of the 

ACC I program as revisions to the 

California SIP.15 The GHG emission 

standards within the ACC I program 

achieve additional criteria pollutant 

emission reductions beyond those 

produced by the LEV III criteria 

pollutant standards and ZEV regulations 

within ACC I, and as part of the July 3, 

2021 SIP submission package, CARB 

provided estimates of emissions 

reductions resulting from the GHGrelated portions of the ACC I program.16

In so doing, CARB evaluated motor 

vehicle emissions comprehensively by 

calculating both ‘‘downstream’’ 

emissions associated with operation of 

the motor vehicle itself, i.e., ‘‘Tank-toWheel’’ (TTW), such as tailpipe 

emissions and evaporative losses from a 

vehicle’s fuel system, and ‘‘upstream’’ 

emissions associated with fuel 

extraction, processing and production, 

and distribution to refueling stations for 

consumers, i.e., ‘‘Well-to-Tank’’ (WTT) 

emissions.17 With respect to criteria air 

pollutants, CARB estimated reductions 

for the WTT portion of the emissions 

profile for, among other years, the three 

analysis years that are the most relevant 

from the standpoint of ozone NAAQS 

attainment planning for the South Coast 

Air Basin—i.e., 2023, 2031, and 2037.18

CARB estimates that the GHG-related 

portions of the ACC I program will 

result in a statewide decrease of 

upstream NOX emissions of 51 tons per 

year (tpy) in 2023, 297 tpy in 2031, and 

404 tpy in 2037.19 The corresponding 

estimated statewide emissions 

reductions of PM2.5 will be 7 tpy in 

2023, 52 tpy in 2031, and 72 tpy in 

2037.20

III. EPA’s Evaluation and Proposed 

Action 

A. How is the EPA evaluating the 

regulations? 

The EPA has evaluated the submitted 

regulations and amendments listed in 

Table 1 against the applicable 

procedural and substantive 

requirements of the CAA for SIPs and 

SIP revisions and has concluded that 

they meet all the applicable 

requirements. Generally, SIPs must 

provide for the implementation, 

maintenance, and enforcement of the 

NAAQS (see CAA section 110(a)(1)); 

must include enforceable emission 

limitations and other control measures, 

means, or techniques, as well as 

schedules and timetables for 

compliance, as may be necessary to 

meet the requirements of the Act (see 

CAA section 110(a)(2)(A)); must provide 

necessary assurances that the state will 

have adequate personnel, funding, and 

authority under state law to carry out 

such SIPs (and is not prohibited by any 

provision of Federal or state law from 

carrying out such SIPs) (see CAA 

section 110(a)(2)(E)); must be adopted 

by a state after reasonable notice and 

public hearing (see CAA section 110(l)); 

and must not interfere with any 

applicable requirement concerning 

attainment, reasonable further progress 

(RFP), or any other applicable 

requirement of the Act (see CAA section 

110(l)).21

B. Do the State regulations meet CAA 

SIP evaluation criteria? 

1. Did the State provide adequate public 

notification and comment periods? 

Under CAA sections 110(a)(2) and 

110(l), SIP revisions must be adopted by 

the state, and the state must provide for 

reasonable public notice and hearing 

prior to adoption. In 40 CFR 51.102(d), 

we specify that reasonable public notice 

in this context refers to at least 30 days. 

All the submitted regulations have 

gone through extensive public comment 

processes including CARB’s workshop 

and hearing processes prior to CARB 

adoption, and CARB has provided 

documentation of these processes as 

part of CARB’s July 3, 2021 SIP 

submission. 

In addition, on June 19, 2015, CARB 

published a notice of public hearing to 

be held on July 23, 2015, to consider 

adoption and submission of certain 

adopted regulations, including the GHGrelated provisions of the ACC I program, 

as a revision to the California SIP. CARB 

held the public hearing on July 23, 

2015. No written comments were 

submitted to CARB in connection with 

the proposed SIP revision, and no 

public comments were made at the 

public hearing. At the July 23, 2015 

Board Hearing, the CARB Board 

approved various mobile source 

regulations for which the EPA had 

issued waivers or authorizations or for 

which waiver or authorization requests 

were pending for inclusion in the SIP, 

with the specific portions of those 

regulations required for SIP submission 

to be determined by the CARB 

Executive Officer.22 Subsequently, the 

CARB Executive Officer submitted 

certain mobile source regulations to the 

EPA as attachments to a letter dated 

August 14, 2015, along with evidence of 

the public process conducted by CARB 

in approving the regulations for 

inclusion in the SIP.23 CARB included 


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24CARB, Notice of Public Hearing to Consider 

Amendments to the Low-Emission Vehicle III 

Greenhouse Gas Emission Regulation, August 6, 

2018. 

25CARB Resolution 18–35, September 28, 2018. 

26The final rulemaking package consisted of, 

among other things, CARB’s ‘‘Final Statement of 

Reasons: Amendments to the Low-Emission Vehicle 

III Greenhouse Gas Emission Regulation, November 

2018’’ (FSOR). Chapter IV of the FSOR provides the 

summary of comments and CARB responses. 

27See CARB, Staff Report, Attachment B to 

Executive Order S–21–010 (‘‘Emissions Benefits of 

California’s Passenger Vehicle GHG Standards’’), 

dated July 2, 2021. 

28For example, the EPA has designated the Los 

Angeles-South Coast Air Basin as an Extreme 

nonattainment area for the 1-hour average ozone 

NAAQS and the 1997, 2008 and 2015 8-hour 

average ozone NAAQS, and the EPA has designated 

the San Joaquin Valley as a Serious nonattainment 

area for the 1997 24-hour and annual, 2006 24-hour 

and 2012 annual PM2.5 NAAQS. See, generally, 40 

CFR 81.305. 29See Memorandum to Docket EPA–R09–OAR– 

2024–0370, ‘‘Evaluation of CARB’s Criteria 

Pollutant Emissions Estimates from the Greenhouse 

Gas Related Provisions of the Advanced Clean Cars 

Program,’’ Jeffrey Buss, EPA Region 9, August 2, 

2024. 

30 78 FR 2111 (January 9, 2013). 

31 84 FR 51310 (September 27, 2019). 

32 87 FR 14332 (March 14, 2022). 

public participation documentation 

from the earlier (August 14, 2015) SIP 

submission as part of July 3, 2021 SIP 

submission. 

With respect to the 2018 amendments 

to the GHG-related provisions of the 

ACC I program, CARB posted notice on 

August 7, 2018, of a public hearing that 

was held on September 27–28, 2018, 

along with related material.24 The notice 

provided six weeks for submission of 

written comments. The CARB Board 

adopted the amendments on September 

28, 2018.25 CARB finalized the 

rulemaking package, including 

responses to public comments on the 

amendments, in November 2018.26

As noted previously, the CARB 

Executive Officer did not include the 

GHG-related provisions of the ACC I 

program in the August 14, 2015 SIP 

submission, but he has included those 

provisions, along with the 2018 

amendments, in the July 3, 2021 SIP 

submission that is the subject of this 

proposed action. The CARB Executive 

Officer submitted the 2012 and 2018 

GHG-related provisions of the ACC I 

program to the EPA as a revision to the 

California SIP through CARB Executive 

Order S–21–010 (dated July 2, 2021). 

Upon review of the public 

participation processes that CARB has 

undertaken and documented in the July 

3, 2021, SIP submission, we conclude 

that CARB’s July 3, 2021, SIP 

submission of the GHG-related portions 

of the ACC I program meets the 

applicable procedural requirements for 

SIP revisions under the CAA sections 

110(a)(2) and 110(l) and 40 CFR 51.102. 

2. Is the SIP revision appropriate for 

inclusion in the SIP? 

CAA section 110(a)(1) requires that 

SIPs provide for the implementation, 

maintenance, and enforcement of the 

NAAQS. The types of air pollution and 

WTT emission benefits that have been 

identified by CARB as derived from its 

passenger vehicle GHG emission 

standards (within the ACC I program) 

have a connection to a number of 

NAAQS, including the PM and ozone 

NAAQS.27 The State of California 

contains several nonattainment areas for 

several iterations of the PM and ozone 

NAAQS.28 As explained previously, 

NOX is a precursor of both ozone and 

PM, and reductions in NOX emissions 

can therefore decrease the concentration 

of these criteria pollutants. The GHG 

emissions standards that we are 

proposing to approve into the State’s 

SIP will decrease NOX emissions as well 

as direct PM emissions, which, along 

with other emission control measures in 

the SIP, will assist the State in achieving 

the emissions reductions needed to 

comply with the various nonattainment 

planning requirements of the CAA. As 

described previously, adoption of these 

GHG emissions standards is estimated 

to result in NOX emissions reductions of 

51 tpy in 2023, 297 tpy in 2031, and 404 

tpy in 2037. The corresponding 

estimated statewide emissions 

reductions of PM2.5 are 7 tpy in 2023, 52 

tpy in 2031, and 72 tpy in 2037. We 

have reviewed these emission reduction 

estimates and find they are reasonable 

and adequately supported.29 As such, 

we believe that inclusion of the GHGportions of the ACC I program in the 

California SIP is appropriate under CAA 

section 110(a)(1). 

3. Does the State have adequate legal 

authority to implement the regulations? 

The California Legislature has granted 

CARB both general and specific 

authority under the California Health & 

Safety Code (H&SC) to adopt and 

implement these regulations. California 

H&SC sections 39600 (‘‘Acts required’’) 

and 39601 (‘‘Adoption of regulation; 

Conformance to federal law’’) confer on 

CARB the general authority and 

obligation to adopt regulations and 

measures necessary to execute CARB’s 

powers and duties imposed by State 

law. California H&SC sections 43013(a) 

and 43018 provide broad authority to 

achieve the maximum feasible and costeffective emission reductions from all 

mobile source categories. 

As a general matter, as noted 

previously, the CAA assigns mobile 

source regulation to the EPA through 

title II of the Act and assigns, with 

certain exceptions, stationary source 

regulation to the states through title I of 

the Act. In so doing, the CAA preempts 

various types of state regulation of 

mobile sources as set forth in section 

209(a) (preemption of state emissions 

standards for new motor vehicles and 

engines), section 209(e) (preemption of 

state emissions standards for new and 

in-use nonroad vehicles and engines), 

and section 211(c)(4)(A) (preemption of 

state fuel requirements for motor 

vehicles, i.e., other than California’s 

motor vehicle fuel requirements for 

motor vehicle emission control—section 

211(c)(4)(B)). For certain types of mobile 

source standards, the State of California 

may request a waiver (for motor 

vehicles) or authorization (for nonroad 

vehicles or engines) for standards 

relating to the control of emissions and 

accompanying enforcement procedures. 

See CAA sections 209(b) (new motor 

vehicles) and 209(e)(2) (most categories 

of new and in-use nonroad vehicles). 

The mobile source regulations that are 

the subject of this proposed action were 

submitted by CARB under CAA section 

209 with a request for waiver that the 

EPA ultimately granted. More 

specifically, the EPA granted the waiver 

for the GHG-related portions of the ACC 

I program in 2013,30 withdrew the 

waiver in 2019,31 and reinstated the 

waiver in 2022.32

Thus, the regulations proposed for 

approval in this action are covered by 

an EPA waiver of preemption under the 

requirements of section 209(b) of the 

CAA and thus are no longer preempted 

under section 209(a) of the CAA. 

In addition, the EPA is unaware of 

any non-CAA legal obstacle to CARB’s 

enforcement of the regulations and thus 

we conclude that the State has provided 

the necessary assurances that the State 

has adequate authority under State law 

to carry out the SIP revision (and is not 

prohibited by any provision of Federal 

or State law from carrying out such SIP) 

and thereby meets the requirements of 

CAA section 110(a)(2)(E) with respect to 

legal authority. 

4. Are the regulations enforceable as 

required under CAA section 110(a)(2)? 

We have evaluated the enforceability 

of the mobile source regulations 

included in the July 3, 2021 SIP 

submission with respect to applicability 

and exemptions; standard of conduct 

and compliance dates; sunset 

provisions; discretionary provisions; 

and test methods, recordkeeping and 


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33These concepts are discussed in detail in an 

EPA memorandum from J. Craig Potter, EPA 

Assistant Administrator for Air and Radiation, et 

al., titled ‘‘Review of State Implementation Plans 

and Revisions for Enforceability and Legal 

Sufficiency,’’ dated September 23, 1987. 

34See 13 CCR section 1961.3(a)(3)(A) and (B). 

35See 13 CCR section 1961.3(a)(3)(C) and (D). 

36These requirements are set forth in the test 

procedures incorporated by reference in the 

regulations and included in the SIP. 37CARB, Staff Report, Attachment B to Executive 

Order S–21–010 (‘‘Emissions Benefits of California’s 

Passenger Vehicle GHG Standards’’), dated July 2, 

2021, page 6. 38Letter from Richard W. Corey, Executive 

Officer, CARB, to Jared Blumenfeld, Regional 

Administrator, EPA Region IX, August 14, 2015. 

39 Id. 40California Department of Finance, 2024–25 

State Budget, Department Report, 3900 State Air 

Resources Board, enacted June 26, 2024. 

reporting,33 and we have concluded for 

the reasons given in the following 

paragraphs that the regulations are 

enforceable for the purposes of CAA 

section 110(a)(2). 

First, with respect to applicability, we 

find that the GHG-related provisions of 

the ACC I program are sufficiently clear 

as to which entities and which vehicles 

or engines are affected by the 

regulations. See, e.g., 13 CCR section 

1961.3 (introduction section describing 

applicability and exemptions). 

Second, we find that the regulations 

are sufficiently specific so that the 

entities affected by the regulations are 

fairly on notice as to what the 

requirements and related compliance 

dates are. For instance, see the GHG 

emission requirements in 13 CCR 

section 1961.3(a). 

Third, none of the submitted 

regulations contain sunset provisions 

that automatically repeal the emissions 

limits by a given date or upon the 

occurrence of a particular event, such as 

the change in the designation of an area 

from nonattainment to attainment. 

Fourth, a number of the regulations 

contain provisions that allow for 

discretion by CARB’s Executive Officer. 

Such ‘‘director’s discretion’’ provisions 

can undermine enforceability of a SIP 

regulation and thus may prevent full 

approval by the EPA. However, in the 

instances of ‘‘director’s discretion’’ in 

the submitted regulations, the discretion 

that can be exercised by the CARB 

Executive Officer is reasonably limited 

under the terms of the regulations. For 

instance, under 13 CCR section 

1961.3(a)(3), manufacturers with limited 

U.S. sales may request that the 

Executive Officer establish alternative 

fleet average CO2 standards that would 

apply instead of the standards that 

would otherwise apply under 13 CCR 

1961.3(a)(1). However, the regulation 

includes specific limits on eligibility 34

and requires a technology review, 

among other content requirements, as 

part of the application for an alternative 

standard.35 With such constraints on 

discretion, the ‘‘director’s discretion’’ 

contained in the regulations would not 

significantly undermine enforceability 

of the rules by citizens or the EPA. 

Lastly, the regulations identify 

appropriate test methods and include 

adequate recordkeeping and reporting 

requirements sufficient to ensure 

compliance with the applicable 

requirements.36

5. Do the regulations interfere with RFP 

and attainment or any other applicable 

requirement of the Act? 

All the State’s RFP, attainment, and 

maintenance plans rely to some extent 

on the emission reductions from CARB’s 

mobile source program. In this instance, 

CARB has provided criteria air pollutant 

or precursor reduction estimates for the 

GHG-related provisions in the ACC I 

program as part of the July 3, 2021 SIP 

submission package. CARB’s estimates 

show a net reduction in statewide NOX

and PM2.5 emissions, taking into 

account the emissions reductions 

associated with avoided production and 

delivery of gasoline and the emissions 

increases associated with increased 

production of electricity and hydrogen 

to fuel ZEVs that can be part of 

manufacturers’ demonstrations of 

compliance with the GHG standards.37

Given the net reduction in criteria air 

pollutant or precursor emissions 

expected to result from the GHG-related 

portions of the ACC I program, we find 

that approving the mobile source 

regulations and amendments submitted 

on July 3, 2021, as a revision to the 

California SIP, along with other 

emission control measures in the SIP, 

will assist the State in achieving the 

emissions reductions needed to comply 

with the various nonattainment 

planning requirements of the CAA, such 

as RFP requirements and other 

requirements associated with attainment 

and maintenance plans for the NAAQS. 

Therefore, approval of the mobile source 

regulations and amendments submitted 

on July 3, 2021, would not interfere 

with RFP or attainment or any other 

applicable requirement of the CAA for 

the purposes of CAA section 110(l). 

6. Will the State have adequate 

personnel and funding for the 

regulations? 

In its SIP revision submission dated 

August 14, 2015, CARB refers to the 

annual approval by the California 

Legislature of funding and staff 

resources for carrying out CAA-related 

responsibilities and notes that a large 

portion of CARB’s budget has gone 

toward meeting CAA mandates.38 CARB 

indicates that a majority of CARB’s 

funding comes from dedicated fees 

collected from regulated emission 

sources and other sources such as 

vehicle registration fees and vehicles 

license plate fees and that these funds 

can only be used for air pollution 

control activities.39 For the 2024–2025 

budget cycle, CARB has over 1,100 

positions and almost $560 million 

dedicated for the mobile source program 

developing and enforcing regulations.40

Given the longstanding nature of 

CARB’s mobile source program and its 

documented effectiveness at achieving 

significant reductions from mobile 

sources, we find that CARB has 

provided necessary assurances that the 

State has adequate personnel and 

funding to carry out the mobile source 

regulations and amendments submitted 

for approval on July 3, 2021. 

7. EPA’s Evaluation Conclusion 

Based on the discussion presented in 

the previous paragraphs, we are 

proposing to find that these regulations 

are consistent with relevant CAA 

requirements, EPA policies, and 

guidance. 

C. Proposed Action and Public 

Comment 

Under section 110(k)(3) of the CAA, 

and for the reasons given above, we are 

proposing to approve a SIP revision 

submitted by CARB on July 3, 2021, that 

includes certain California regulations 

and related test procedures that were 

adopted as part of California’s 

Advanced Clean Cars I program and that 

establish standards and other 

requirements relating to the control of 

emissions of greenhouse gases from new 

passenger cars, light-duty trucks, and 

medium-duty vehicles. The standards 

and other requirements relate to 2017 

and subsequent model-year passenger 

cars, light-duty trucks, and mediumduty vehicles. We are proposing to 

approve these regulations as part of the 

California SIP because our analysis 

indicates they fulfill all relevant CAA 

requirements. If finalized, approval of 

the regulations and related test 

procedures as part of the California SIP 

will make them federally enforceable. 

We will accept comments from the 

public on this proposal until November 

12, 2024. 

IV. 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 


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requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

certain sections of title 13 of the 

California Code of Regulations that 

establish standards and other 

requirements relating to the control of 

emissions of greenhouse gases from new 

passenger cars, light-duty trucks, and 

medium-duty vehicles and the related 

test procedures, as described in section 

II of this preamble. The EPA has made, 

and will continue to make, these 

materials 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). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this proposed 

action merely proposes to approve state 

law 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) 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 Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the 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 communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. The EPA defines 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.’’ 

CARB did not evaluate EJ 

considerations as part of its SIP 

submission; 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. 

Due to the nature of the action being 

proposed here, this proposed action is 

expected to have a neutral to positive 

impact on the air quality of the affected 

area. 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 communities with EJ 

concerns. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: October 2, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2024–23270 Filed 10–10–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2021–0480; FRL–10676– 

02–R6] 

Air Plan Approval; Texas; New Source 

Review Updates for Project Emissions 

Accounting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The Environmental Protection 

Agency (EPA) is supplementing a 

proposed approval published on March 

6, 2023 (‘‘March 2023 proposal’’), for 

revisions to the Texas State 

Implementation Plan (SIP) that updates 

the Texas Prevention of Significant 

Deterioration (PSD) and Nonattainment 

New Source Review (NNSR) permitting 

programs to incorporate Federal New 

Source Review (NSR) regulations for 

Project Emissions Accounting (PEA). 

This proposal supplements the March 

2023 proposal with respect to the EPA’s 

evaluation of the Texas SIP submittal 

and the anti-backsliding requirements of 

the Clean Air Act (CAA) sections 110(l) 

and 193. The EPA is providing an 

opportunity for public comment on this 

supplemental proposal. The EPA is not 

reopening for comment the March 2023 

proposal. Comments received on the 

March 2023 proposal and this 

supplemental proposal will be 

addressed in a final rule. 

DATES: Written comments must be 

received on or before November 12, 

2024. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2021–0480 at https://

www.regulations.gov or via email to 

wiley.adina@epa.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 


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