Rule2026-01762
Air Plan Approval; Pennsylvania; Motor Vehicle Inspection and Maintenance Program Certification for Moderate Nonattainment Under the 2015 Ozone National Ambient Air Quality Standards
Primary source
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Published
January 29, 2026
Effective
March 2, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This SIP revision addresses Clean Air Act (CAA) requirements for the enactment of a Basic vehicle emissions inspection and maintenance (I/M) program for the five counties comprising the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA- NJ-MD-DE Moderate nonattainment area (Philadelphia nonattainment area) for the 2015 8-hour ozone national ambient air quality standards (NAAQS). The SIP revision demonstrates that Pennsylvania's existing I/M program in the Philadelphia nonattainment area meets applicable requirements for a Basic I/M program. The EPA is approving this SIP revision to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 91 Issue 19 (Thursday, January 29, 2026)</title>
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[Federal Register Volume 91, Number 19 (Thursday, January 29, 2026)]
[Rules and Regulations]
[Pages 3834-3836]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01762]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2025-0130; FRL-11444-02-R3]
Air Plan Approval; Pennsylvania; Motor Vehicle Inspection and
Maintenance Program Certification for Moderate Nonattainment Under the
2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. This SIP revision addresses Clean Air Act (CAA)
requirements for the enactment of a Basic vehicle emissions inspection
and maintenance (I/M) program for the five counties comprising the
Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA-
NJ-MD-DE Moderate nonattainment area (Philadelphia nonattainment area)
for the 2015 8-hour ozone national ambient air quality standards
(NAAQS). The SIP revision demonstrates that Pennsylvania's existing I/M
program in the Philadelphia nonattainment area meets applicable
requirements for a Basic I/M program. The EPA is approving this SIP
revision to the Pennsylvania SIP in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This final rule is effective on March 2, 2026.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2025-0130. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> 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
<a href="http://www.regulations.gov">www.regulations.gov</a>, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1600 John F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone number is (215) 814-2176. Mr. Rehn
can also be reached via electronic mail at <a href="/cdn-cgi/l/email-protection#4436212c2a6a26362d252a042134256a232b32"><span class="__cf_email__" data-cfemail="5426313c3a7a36263d353a143124357a333b22">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On October 7, 2022, the EPA determined that the Philadelphia NAA
failed to attain the 2015 ozone NAAQS by its August 3, 2021 attainment
date and reclassified the area from Marginal to Moderate
nonattainment.\1\ CAA requirements for a Moderate ozone nonattainment
area include, amongst other measures, a Basic vehicle I/M program.\2\
Requirements for a Basic I/M program are further articulated in the
EPA's I/M Rule at 40 Code of Federal Regulations (CFR) part 51, subpart
S.\3\ Federal performance standards \4\ for a Basic I/M program are
outlined in 40 CFR 51.352. Consistent with the I/M Rule, areas with
existing I/M programs need to conduct and submit a performance standard
modeling analysis as well as make any necessary program revisions as
part of their Moderate area SIP submissions to ensure that I/M programs
are operating at or above the Basic I/M performance standard level for
the 2015 8-hour ozone NAAQS. For such areas, states may demonstrate
through emissions estimation modeling that an existing, SIP-approved I/
M program would (without modification) comply with the applicable CAA
Basic performance standard, as required for the 2015 ozone NAAQS NAA.
In this case, the state could submit a SIP revision with the associated
performance modeling and a written attestation certifying that the
existing I/M program meets all Basic I/M requirements, in lieu of
revising existing program regulations.\5\
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\1\ 87 FR 60897 (October 7, 2022).
\2\ CAA section 182(b)(4).
\3\ See 40 CFR 51.350(a) for nonattainment area population I/M
criteria applicability.
\4\ An I/M performance standard is a collection of program
design elements which defines a benchmark program to which a state's
proposed I/M program is compared in terms of its potential to reduce
emissions of the ozone precursors, nitrogen oxides (NO<INF>X</INF>)
and volatile organic compounds (VOCs).
\5\ See section II.E of the October 7, 2022 final rule (87 FR
60897, 60906) and the April 13, 2022 proposal (87 FR 21842).
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On August 28, 2025 (90 FR 41931), the EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, the EPA proposed to approve Pennsylvania's Basic I/M
certification SIP, finding that Pennsylvania's existing Enhanced I/M
Program SIP for the Pennsylvania portion of the Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment Area meets all CAA
requirements for a Basic I/M SIP applicable to an area classified by
the EPA as Moderate ozone nonattainment under the 2015 ozone NAAQS. The
formal SIP revision was submitted by Pennsylvania on September 28,
2023.
After submitting this Basic I/M certification SIP, the EPA again
reclassified the Philadelphia-Wilmington-Atlantic City nonattainment
area--this time from Moderate to Serious nonattainment for the 2015 8-
hour ozone NAAQS.\6\ CAA
[[Page 3835]]
section 182(c)(3) requires states with areas designated as Serious or
above to submit a SIP revision providing for the implementation of an
Enhanced I/M program in certain urbanized areas of a Serious
nonattainment area. As noted in the NPRM, that Serious area I/M
requirement will be addressed through a SIP revision due at a later
date.
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\6\ 89 FR 61025, July 30, 2024.
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II. Summary of SIP Revision and EPA Analysis
Pennsylvania submitted the September 28, 2023 SIP revision to
address the CAA requirements for a Basic I/M program in Pennsylvania's
portion of the 2015 ozone Philadelphia-Wilmington-Atlantic City area,
as required by the CAA upon the area's ``bump up'' in classification to
Moderate ozone nonattainment. Due to the area's prior classification
under prior ozone NAAQS, as well as Pennsylvania's location in and
inclusion of a CAA-designated Ozone Transport Region (OTR),\7\
Pennsylvania previously established and implemented a more stringent
Enhanced I/M program in 2004 in the five-county Philadelphia ozone
nonattainment area (i.e., Bucks, Chester, Delaware, Montgomery, and
Philadelphia Counties).\8\ The EPA issued a final rule in June 1999
fully approving Pennsylvania's Enhanced I/M program SIP, including
incorporation by reference of the program's governing regulations at 67
Pennsylvania (Pa) Code sections 175 and 177.\9\ Pennsylvania made minor
revisions to the program subsequent to approval of that SIP revision
and the EPA approved those revisions to the Pennsylvania I/M program in
October 2005.\10\
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\7\ The Philadelphia-Wilmington-Trenton NAA was previously
classified as severe nonattainment under the now revoked 1979 ozone
NAAQS. CAA section 184(b)(1)(A) provides that an area within a state
in an ozone transport region and with a metropolitan statistical
area population of 100,000 or more must implement an enhanced I/M
program.
\8\ See 40 CFR 51.351(f) for the High Enhanced Performance
Standard.
\9\ 64 FR 32411 (June 17, 1999).
\10\ 70 FR 58313 (October 6, 2005).
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Pursuant to the September 28, 2023 SIP submittal, the EPA concurs
with the Commonwealth's determination that the I/M program for
Pennsylvania's portion of the 2015 Ozone Philadelphia NAA meets the
applicable performance standard and requirements for a Basic I/M
program.
Further details of Pennsylvania's SIP-approved I/M program and the
rationale for the EPA's action to approve Pennsylvania's September 2023
I/M certification SIP are provided in the NPRM and its associated
technical support document (TSD). That full explanation will not be
restated here. No public comments were received by EPA on the NPRM.
III. EPA's Response to Comments Received
The EPA's August 28, 2025 NPRM (90 FR 41931) opened a 30-day public
comment period, which closed on September 29, 2025. As no comments were
received by EPA during the public comment period for the NPRM, the EPA
has not prepared a response to comments document for this action.
IV. Final Action
The EPA is approving the Basic I/M Certification SIP submitted by
Pennsylvania on September 28, 2023 for Pennsylvania's portion of the
Philadelphia-Wilmington-Atlantic City multi-state nonattainment area
for the 2015 8-hour ozone NAAQS as satisfying applicable CAA
requirements for a Basic I/M program.
V. Statutory and Executive Order Reviews
A. General Requirements
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, 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
imposed by state law. For that reason, this action:
<bullet> 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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866:
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 March 30, 2026. 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 to approve Pennsylvania's Basic I/M
certification SIP for the Commonwealth's portion of the multi-state
Philadelphia NAA for the 2015 ozone NAAQS 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
[[Page 3836]]
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
the entry ``Basic vehicle emission inspection and maintenance (I/M)
program requirement certification for the 2015 ozone national ambient
air quality standard'' at the end of the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
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* * * * * * *
Basic vehicle emission inspection Pennsylvania's 09/28/2023 01/29/2026, 90 FR Certification that
and maintenance (I/M) program portion of the [INSERT FEDERAL Pennsylvania's
requirement certification for Philadelphia- REGISTER PAGE WHERE existing, approved
the 2015 ozone national ambient Wilmington-Atlantic THE DOCUMENT Enhanced I/M
air quality standard. City, PA-NJ-MD-DE BEGINS]. program codified at
2015 ozone NAAQS 67 Pa Code sections
nonattainment area. 175 and 177 meets
CAA requirements
for a Basic I/M
program applicable
to a Moderate ozone
nonattainment area
(for the
Philadelphia-
Wilmington-Atlantic
City, PA-NJ-MD-DE
area for the 2015
ozone NAAQS).
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[FR Doc. 2026-01762 Filed 1-28-26; 8:45 am]
BILLING CODE 6560-50-P
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