Rule2026-06388
Air Plan Approval; Oregon; 2024 Vehicle Inspection Program Updates
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 2, 2026
Effective
May 4, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving and incorporating by reference into the Oregon State Implementation Plan (SIP) the revisions submitted by the Oregon Department of Environmental Quality (ODEQ) on April 3, 2025. The SIP revision updates rules for the Vehicle Inspection Program (VIP) which is applicable in the Portland and Medford areas, and includes a demonstration that the requested revisions will not interfere with attainment or maintenance of any national ambient air quality standard (NAAQS) or with any other applicable requirement of the Clean Air Act (CAA or Act). The EPA is approving these revisions because they meet the applicable requirements of the CAA.
Full Text
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<title>Federal Register, Volume 91 Issue 63 (Thursday, April 2, 2026)</title>
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[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Rules and Regulations]
[Pages 16553-16555]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06388]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2025-0181; FRL-12873-02-R10]
Air Plan Approval; Oregon; 2024 Vehicle Inspection Program
Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving and
incorporating by reference into the Oregon State Implementation Plan
(SIP) the revisions submitted by the Oregon Department of Environmental
Quality (ODEQ) on April 3, 2025. The SIP revision updates rules for the
Vehicle Inspection Program (VIP) which is applicable in the Portland
and Medford areas, and includes a demonstration that the requested
revisions will not interfere with attainment or maintenance of any
national ambient air quality standard (NAAQS) or with any other
applicable requirement of the Clean Air Act (CAA or Act). The EPA is
approving these revisions because they meet the applicable requirements
of the CAA.
DATES: This final rule is effective May 4, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2025-0181 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Although listed in the index, some information is not publicly
available, e.g., Confidential Business Information (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.
Publicly available docket materials are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Tess Bloom, EPA Region 10, 1200 6th
Ave., Seattle, WA 98101, at telephone number: (206) 553-6362, or email
address: <a href="/cdn-cgi/l/email-protection#92f0fefdfdffbce6f7e1e1d2f7e2f3bcf5fde4"><span class="__cf_email__" data-cfemail="91f3fdfefefcbfe5f4e2e2d1f4e1f0bff6fee7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Public Comments and EPA Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On April 3, 2025, the ODEQ submitted revisions to the Oregon SIP
containing updates to Chapter 340, Division 256--Motor Vehicles section
of the SIP, which includes the provisions for Oregon's VIP. ODEQ added
a new provision under OAR 340-256-0200(4) to make explicit that new
vehicles are exempt from on-board diagnostic (OBD) test requirements of
the VIP program contained in OAR 340-256-0355 until January 1st of the
calendar year that is four years after a vehicle's designated model
year. Additionally, sections 340-256-0010, 340-256-0300, 340-256-0370,
and 340-256-0465 were revised to include non-substantiative changes. On
September 25, 2025, the EPA proposed to approve these changes (90 FR
46117). The reasons for our proposed approval were stated in the
proposed rulemaking and will not be re-stated here. The public comment
period for our proposed action ended on October 27, 2025.
II. Public Comments and EPA Responses
The EPA provided a 30-day period for the public to comment on the
proposed action that ended on October 27, 2025. The EPA received three
comments on the proposed rule. The comments received and EPA's
responses can be found in the ``Response to Comments'' document
included in the docket for this action. The full text of all public
comments may also be found in the docket for this action. After
considering the comments, the EPA's position remains that approval of
the revisions is consistent with the CAA.
III. Final Action
We are approving, and incorporating by reference into the Oregon
SIP, the submitted revisions to the Division 256 ``Motor Vehicles''
regulations, sections 0010, 0300, 0370, and 0465. These rules became
State effective January 10, 2025, and were submitted to the EPA by the
ODEQ on April 3, 2025. Based on the demonstration provided by ODEQ, we
find that these revisions will not interfere with attainment of the
NAAQS or any other applicable requirement of the CAA.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that will
be incorporated by reference into 40 CFR part 52. In accordance with
requirements of 1 CFR 51.5, we are finalizing the incorporation by
reference of Oregon Chapter 340, Division 256--Motor Vehicles
revisions, State effective January 10, 2025, as described in section I.
of this preamble and set forth in the amendments to 40 CFR part 52 in
this document. The EPA has made, and will continue to make, these
documents generally available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
at the EPA Region 10 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). 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 by the
Director of the Federal Register in the next update to the SIP
compilation.
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 CAA 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
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:
[[Page 16554]]
<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 CAA.
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 (CRA), 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 1, 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 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 24, 2026.
Emma Pokon,
Regional Administrator, Region 10.
For the reasons stated in the preamble, 40 CFR part 52 is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart MM--Oregon
0
2. In Sec. 52.1970, amend table 2 in paragraph (c) by revising the
entries ``256-0010'', ``256-0300'', ``256-0370'', and ``256-0465'' to
read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
Table 2--EPA Approved Oregon Administrative Rules (OAR) \1\
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State
State citation Title/subject effective date EPA approval date Explanations
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* * * * * * *
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Division 256--Motor Vehicles
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256-0010..................... Definitions............. 1/10/2025 4/2/2026, 91 FR [INSERT
Federal Register PAGE
WHERE THE DOCUMENT
BEGINS].
* * * * * * *
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Emission Control System Inspection
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256-0300..................... Scope................... 1/10/2025 4/2/2026, 91 FR [INSERT
Federal Register PAGE
WHERE THE DOCUMENT
BEGINS].
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* * * * * * *
256-0370..................... Renewal of Registration 1/10/2025 4/2/2026, 91 FR [INSERT
for Light-duty Motor Federal Register PAGE
Vehicles and Heavy-duty WHERE THE DOCUMENT
Gasoline Motor Vehicles BEGINS].
Temporarily Operating
Outside of the Oregon
Vehicle Inspection
Boundaries.
* * * * * * *
256-0465..................... Test Equipment Criteria 1/10/2025 4/2/2026, 91 FR [INSERT
for OBD Test Program. Federal Register PAGE
WHERE THE DOCUMENT
BEGINS].
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\1\ The EPA approves the requirements in Table 2 of this paragraph (c) only to the extent they apply to (1)
pollutants for which NAAQS have been established (criteria pollutants) and precursors to those criteria
pollutants as determined by the EPA for the applicable geographic area; and (2) any additional pollutants that
are required to be regulated under Part C of Title I of the CAA, but only for the purposes of meeting or
avoiding the requirements of Part C of Title I of the CAA.
\2\ Only for the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study air quality
management areas, as well as all of Clackamas, Multnomah, and Washington counties.
\3\ The EPA approves Division 244 only to the extent needed to implement the requirements for gasoline
dispensing facilities that are approved into the SIP for the purpose of regulating VOC emissions.
* * * * *
[FR Doc. 2026-06388 Filed 4-1-26; 8:45 am]
BILLING CODE 6560-50-P
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