Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Rules and Regulations 27949 

1 62 FR 27968 (May 22, 1997). 

who has been designated by the COTP 

to act on his or her behalf. 

(4) Persons and vessel operators 

desiring to enter or operate within the 

safety zone during the boat parade must 

contact the COTP or an on-scene 

representative to obtain permission to 

do so. The COTP or an on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the COTP or 

an on-scene representative. 

Dated: April 22, 2022. 

D.P. Montoro, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. 2022–09992 Filed 5–9–22; 8:45 am] 

BILLING CODE 9110–04–P 

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 HeavyDuty 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, 

Chapter 3.5.

Heavy-Duty Diesel Smoke Emission Testing and Heavy-Duty Vehicle 

Emission Control System Inspections.

07/01/2019 02/13/2020 

CARB ..... Title 13, Division 3, 

Chapter 3.6.

Periodic Smoke Inspections of Heavy-Duty Diesel-Powered Vehicles ... 07/01/2019 02/13/2020 

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). 

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 


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27950 Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Rules and Regulations 

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 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. In § 52.220a, in paragraph (c), table 

1 is amended by: 

■ a. Adding a heading for ‘‘Title 13 

(Motor Vehicles), Division 3 (Air 

Resources Board), Chapter 3.5. (HeavyDuty 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; 

■ 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: 

§ 52.220a Identification of plan-in part. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional 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, [INSERT 

Federal Register CITATION].

Unless otherwise noted, this chapter applies to all diesel-powered and gasolinepowered heavy-duty vehicles operating in 

California. 

2180.1 .............. Definitions ............................. July 1, 2019 ...... May 10, 2022, [INSERT 

Federal Register CITATION].

Definitions for applicable vehicles, opacity 

standards, inspections, penalties and appeals. 


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Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Rules and Regulations 27951 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

2181 ................. Responsibilities of the Driver 

and Inspector During the 

Inspection Procedure.

July 1, 2019 ...... May 10, 2022, [INSERT 

Federal Register CITATION].

Sets forth the responsibilities of the vehicle 

inspector and driver during an inspection. 

2182 ................. Heavy-Duty Diesel Vehicle 

Smoke Opacity Standards 

and Test Procedures; Excessive Smoke.

July 1, 2019 ...... May 10, 2022, [INSERT 

Federal Register CITATION].

Sets forth opacity standards and testing 

procedures. 

2183 ................. Inspection of the Emission 

Control System on a 

Heavy-Duty Vehicle.

July 1, 2019 ...... May 10, 2022, [INSERT 

Federal Register CITATION].

Describes the inspection procedures inspector use to determine whether the 

emission control components on diesel 

vehicles have been tampered, inadequately maintained or defective. 

2184 ................. Refusal to Submit to Inspection Procedure.July 1, 2019 ...... May 10, 2022, [INSERT 

Federal Register CITATION].

Describes the consequences of a refusal to 

submit to a vehicle inspection. 

2185 ................. Civil Penalty Schedule ......... July 1, 2019 ...... May 10, 2022, [INSERT 

Federal Register CITATION].

Sets for the civil penalties for failing a vehicle inspection. 

2186 ................. Demonstration of Correction 

and Post-Repair Test or 

Inspection.

July 1, 2019 ...... May 10, 2022, [INSERT 

Federal Register CITATION].

Sets for the requirements for a vehicle 

owner to demonstrate correction and 

post-inspection repair to pass an inspection. 

2187 ................. Vehicles Removed from 

Service.

July 1, 2019 ...... May 10, 2022, [INSERT 

Federal Register CITATION].

Sets for the conditions upon which a vehicle failing inspection can be removed 

from, and return to, service. 

2188 ................. Contesting a Citation ............ July 1, 2019 ...... May 10, 2022, [INSERT 

Federal Register CITATION].

Describes how a vehicle owner may contest a citation for failing and inspection. 

2189 ................. Severability of Provisions ..... July 1, 2019 ...... May 10, 2022, [INSERT 

Federal Register CITATION].

Provides that in the event any 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 the Periodic Smoke Inspection Requirements.July 1, 2019 ...... May 10, 2022, [INSERT 

Federal Register CITATION].

Defines the heavy-duty diesel-powered vehicles 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, [INSERT 

Federal Register CITATION].

Defines diesel vehicle fleets subject to the 

regulation and applicable testing procedures. 

2192 ................. Vehicle Inspection Responsibilities.July 1, 2019 ...... May 10, 2022, [INSERT 

Federal Register CITATION].

Sets forth the responsibilities of diesel vehicle fleet owners to comply with the requirements of the periodic smoke inspection program. 

2193 ................. Smoke Opacity Standards, 

Inspection Intervals, and 

Test Procedures.

July 1, 2019 ...... May 10, 2022, [INSERT 

Federal Register CITATION].

Sets forth opacity testing standards, inspection intervals, test procedures and alternate test procedures. 

2194 ................. Record Keeping Requirements.July 1, 2019 ...... May 10, 2022, [INSERT 

Federal Register CITATION].

Requires vehicle owners to maintain 

records of test or alternate test results 

and provide them to the California Air 

Resources Board upon request. 

* * * * * * * 

1Table 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 


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