Proposed Rule2026-22592
Air Plan Approval; District of Columbia; Enhanced Vehicle Emission Inspection and Maintenance (I/M) Program Revision and Basic I/M Program Certification for Moderate Nonattainment Areas Under the 2015 Ozone NAAQS
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
November 5, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the District of Columbia (DC, or the District). This revision incorporates regulatory updates made to the District's Enhanced motor vehicle emissions inspection and maintenance (I/M) program since the EPA's last SIP approval. The SIP revision also serves to certify that the District's existing Enhanced I/M program meets Clean Air Act (CAA) requirements for a Basic I/M program for the District's portion of the Washington, DC-MD-VA nonattainment area (the Washington nonattainment area) for the 2015 Ozone National Ambient Air Quality Standard (NAAQS).
Full Text
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<title>Federal Register, Volume 91 Issue 213 (Thursday, November 5, 2026)</title>
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[Federal Register Volume 91, Number 213 (Thursday, November 5, 2026)]
[Proposed Rules]
[Pages 69753-69761]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22592]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2026-1024; FRL-12072-01-R3]
Air Plan Approval; District of Columbia; Enhanced Vehicle
Emission Inspection and Maintenance (I/M) Program Revision and Basic I/
M Program Certification for Moderate Nonattainment Areas Under the 2015
Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
District of Columbia (DC, or the District). This revision incorporates
regulatory updates made to the District's Enhanced motor vehicle
emissions inspection and maintenance (I/M) program since the EPA's last
SIP approval. The SIP revision also serves to certify that the
District's existing Enhanced I/M program meets Clean Air Act (CAA)
requirements for a Basic I/M program for the District's portion of the
Washington, DC-MD-VA nonattainment area (the Washington nonattainment
area) for the 2015 Ozone National Ambient Air Quality Standard (NAAQS).
DATES: Written comments must be received on or before December 7, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2025-0304 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#26414954424948084b4f4d436643564708414950"><span class="__cf_email__" data-cfemail="2c4b435e48434202414547496c495c4d024b435a">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, 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. 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 <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
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#5624333e387834243f37381633263778313920"><span class="__cf_email__" data-cfemail="7f0d1a1711511d0d161e113f1a0f1e51181009">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this proposed rule, the use of
``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We use
multiple
[[Page 69754]]
abbreviations and terms in this proposed rule. While this list may not
be exhaustive, for ease of reading and for reference purposes, the EPA
defines the following terms and abbreviations here:
AAMVA--American Association of Motor Vehicle Inspection
CAA--Clean Air Act
CBI--Confidential Business Information
CO--Carbon Monoxide
CFR--Code of Federal Regulations
DC--District of Columbia
DCMR--District of Columbia Municipal Regulations
DC DOEE--District of Columbia Department of Energy and Environment
DCDPW--District of Columbia Department of Public Works
EPA--Environmental Protection Agency
GVWR--Gross Vehicle Weight Rating
I/M--Inspection and Maintenance
LDV--Light-duty Vehicle
LDGV--Light-duty Gasoline Vehicle
LDGT--Light-duty Gasoline Truck
LDT--Light-duty Truck
MDV--Medium-duty Vehicle
HDV--Heavy-duty Vehicle
MOVES--Motor Vehicle Emissions Simulator Model
NAAQS--National Ambient Air Quality Standard
OMB--Office of Management and Budget
OTR--Ozone Transport Region
ppm--parts per million
PSM--Performance Standard Modeling
SIP--State Implementation Plan
TSD--Technical Support Document
VMT--Vehicle Miles of Travel
Table of Contents
I. Background
A. Overview of EPA's Proposed Action
B. 2015 Ozone NAAQS Background and EPA Designation of the
Washington Area
C. Clean Air Act Requirements for I/M Programs
D. DC's Prior, SIP-Approved Enhanced I/M Program
II. Summary of DC's June 2024 SIP Submittal
A. Summary of DC's I/M Program Regulatory Updates to the
Enhanced I/M Program Since EPA's 1999 SIP Approval of the Program
B. Demonstration That Enhanced I/M Program Requirements Continue
To Be Met for the DC Portion of the Washington, DC-MD-VA
Nonattainment Area After Program Revisions Made by DC Since EPA Last
Approved the DC I/M Program to the SIP
C. I/M Performance Standard Modeling (PSM) Demonstration To
Demonstrate Compliance With CAA Requirements for a Basic I/M Program
Applicable to Moderate Ozone Nonattainment Areas
D. DC's Basic I/M Performance Standard Modeling Analysis and
Results
E. Demonstration of Noninterference by the Updated I/M Program
SIP Revision With Attainment and Maintenance of NAAQS Under CAA
110(l)
III. The EPA's Evaluation and Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On June 7, 2024, the District of Columbia Department of Energy and
Environment (DOEE) submitted a revision to its SIP to incorporate
administrative and regulatory and statutory authority updates to the
District's Enhanced I/M program made since the program's prior approval
into the DC SIP in 1999. The June 2024 SIP revision also demonstrates
through an emissions modeling analysis that the DC I/M program meets
applicable CAA requirements for both Basic and Enhanced I/M programs
for the District portion of the Washington, DC-MD-VA ozone
nonattainment area (also referred to as the Washington area).
A. Overview of EPA's Proposed Action
On June 7, 2024, the District of Columbia submitted a SIP revision
to both update its I/M program SIP to incorporate the most current
iteration of DC I/M program regulations and to demonstrate that the
program continues to meet applicable CAA requirements for an Enhanced
I/M program. Further, the District's June 2024 SIP revision intends to
satisfy the Basic I/M program requirement for Moderate nonattainment
areas under the 2015 ozone NAAQS. In October 2022, the Washington
nonattainment area was reclassified to Moderate, upon failure to attain
the 2015 ozone NAAQS by the area's August 2021 Marginal area attainment
date. Because the District had an existing Enhanced I/M program, the
Basic I/M SIP requirement can be met by demonstrating that the
District's existing Enhanced I/M program meets all applicable CAA Basic
I/M requirements, including the requirement for a modeling analysis to
demonstrate that the Washington Moderate ozone nonattainment area's I/M
program meets or exceeds the emission reduction levels of the
corresponding Basic I/M performance standard.
The EPA is proposing to approve the District's revised I/M program
as being consistent with the applicable CAA Basic and Enhanced I/M
requirements under CAA sections 182 and 184, and with the EPA's I/M
requirements.\1\ The EPA is proposing to approve both updates made to
the District's existing, SIP-approved I/M program as well as its
certification that the existing program meets CAA Basic I/M
requirements.
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\1\ See 40 CFR part 51, subpart S.
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B. 2015 Ozone NAAQS Background and EPA Designation of the Washington
Area
On October 1, 2015, the EPA revised the primary and secondary NAAQS
for ozone to a level of 0.70 parts per million (ppm) (based on the
annual fourth-highest daily maximum 8-hour average concentration,
averaged over three years) to provide increased protection of human
health and the environment.\2\ The 2015 ozone NAAQS retains the same
general form and averaging time as the 0.75 ppm NAAQS set in 2008, but
is set at a more protective level. On June 4, 2018 (effective August 3,
2018), the EPA designated the Washington, DC-MD-VA area (including the
District of Columbia) as Marginal nonattainment for the 2015 ozone
NAAQS.\3\ Areas designated as Marginal nonattainment were required to
attain the 2015 ozone NAAQS by no later than August 3, 2021 (three
years from the effective date of designation).
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\2\ See 80 FR 65292 (Oct. 26, 2015).
\3\ See 83 FR 25795 (June 4, 2018), codified at 40 CFR 81.309.
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On October 7, 2022, the EPA determined that the Washington
nonattainment area failed to attain the 2015 ozone NAAQS by its August
3, 2021 Marginal area attainment date and reclassified the area by
operation of law from Marginal to Moderate nonattainment.\4\ Moderate
areas were required to attain the 2015 ozone NAAQS by no later than six
years after the effective date of initial designation, or August 3,
2024. As a result of this reclassification, the Washington area became
subject to Moderate area requirements under CAA section 182(b), under
CAA statutory implementation timeframes, which were reiterated in the
EPA's October 7, 2022 reclassification rule.
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\4\ See 87 FR 60897 (Oct. 7, 2022).
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With the reclassification to Moderate, the Washington nonattainment
area is required to submit a Basic I/M SIP. The State can meet these
Basic I/M requirements through certification that their existing, SIP-
approved I/M program meets Basic I/M requirements for the 2015 ozone
NAAQS.
C. Clean Air Act Requirements for I/M Programs
The CAA mandates I/M for certain urbanized ozone and carbon
monoxide (CO) nonattainment areas based upon certain criteria, such as
air quality status, population, and/or geographic location. I/M is the
periodic inspection of the emissions control systems of motor vehicles.
[[Page 69755]]
CAA section 182 requires I/M programs in areas of States most
impacted by ground-level ozone pollution (to varying levels of I/M
program stringency, either Basic or Enhanced) dependent upon the
severity of an area's air pollution and its population. States with
nonattainment areas classified by the EPA as Moderate that exceed CAA-
established population thresholds are required to implement a CAA-
defined, Basic I/M program. Areas classified as Serious or worse ozone
nonattainment that exceed CAA-established, population thresholds must
enact an Enhanced I/M program. Areas that fail to attain the ozone
NAAQS by the CAA deadline for doing so are reclassified to a higher
nonattainment classification, and as such may be newly subject to I/M
requirements, or to re-evaluate and (if necessary) to upgrade an
existing I/M program to a more stringent I/M program type. Moderate and
Enhanced nonattainment I/M requirements are set forth at CAA section
182(b)(4) and section 182(c)(3), respectively.
Pursuant to CAA section 182(b)(4), States with ozone nonattainment
areas classified as Moderate are required to implement a Basic I/M
program in certain applicable areas. The Federal rule addressing I/M
program requirements are provided at 40 CFR part 51, subpart S.
CAA section 184 further requires implementation of Enhanced I/M
programs in metropolitan areas of an ozone transport region (OTR) and
established an OTR for an area that geographically extends from the
Washington, DC area northward to Maine. OTR I/M requirements apply
regardless of ozone nonattainment classification, based solely on
metropolitan area size and population.\5\ Within the OTR, geographic
scope is established to be any metropolitan statistical area (MSA), or
portion thereof, with a 1990 population of 100,000 or more, as defined
by the Office of Management and Budget (OMB).\6\
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\5\ See CAA 184(b)(1)(a).
\6\ See CAA section 184(b)(1)(A) and 40 CFR 51.350(a)(1).
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D. DC's Prior, Approved Enhanced I/M Program SIP
With enactment of the 1990 CAA, the EPA classified the Washington,
DC-MD-VA area by operation of law in 1991 as Serious nonattainment for
the 1979 1-hour ozone NAAQS,\7\ triggering the Serious CAA ozone
nonattainment area requirement to establish an Enhanced I/M program in
urbanized portion of the Washington ozone nonattainment area having a
1980 population over 200,000 persons.\8\ Since the Washington area also
lies in the CAA-established OTR, Enhanced I/M is also required under
the CAA section 184 OTR Enhanced I/M requirement, applicable to the MSA
having a 1990 population of 100,000 or more.\9\
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\7\ The EPA designated the Washington, DC-MD-VA area as
nonattainment for ozone for the 1979 1-hour ozone NAAQS, with the
area classified as Serious ozone nonattainment (56 FR 56694, Nov. 6,
1991).
\8\ CAA section 182(c)(3)(A) and 40 CFR 51.350(a)(1).
\9\ CAA section 184(b)(1)(A) and 40 CFR 51.350(a)(2).
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The EPA approved the District of Columbia's Enhanced I/M SIP in a
final rule,\10\ which converted to full approval the EPA's conditional
approval of the DC I/M program.\11\ The District began officially
testing vehicles under its SIP-approved Enhanced I/M program in April
1999.
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\10\ See 64 FR 31498, June 11, 1999.
\11\ See 63 FR 29955, June 2, 1998.
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II. Summary of the District of Columbia's June 7, 2024 SIP Submittal
On June 7, 2024, the District of Columbia submitted a SIP revision
amending its I/M program approved by the EPA to the DC SIP in 1999. The
June 2024 SIP revision serves to incorporate by reference I/M program
regulations codified under DC. Municipal Regulations (DCMR) Title 18,
Chapters 6 and 7, as amended by a change in legal authority for the
program (the District's ``Vehicle Inspection Improvement Amendment Act
of 2009'') that enacted many of the DCMR regulatory revisions that
comprise this SIP revision.
Also part of the District's June 2024 SIP revision is a Basic I/M
Certification SIP demonstrating that the revised DC I/M program meets
applicable CAA requirements for a Basic I/M program required for a
Moderate ozone nonattainment area. This I/M certification SIP is
comprised of a performance standard modeling (PSM) demonstration
showing that the enacted DC I/M program meets the CAA Basic I/M
performance standard, as well as showing that the SIP meets all other
requirements for a Basic I/M program. A Basic I/M SIP is required for
the District's portion of the Washington, DC-MD-VA 2015 ozone
nonattainment area, as a result of the area having been reclassified by
EPA in 2022 from Marginal to Moderate.\12\
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\12\ See ``Determinations of Attainment by the Attainment Date,
Extensions of the Attainment Date, and Reclassification of Areas
Classified as Marginal for the 2015 Ozone National Ambient Air
Quality Standards'' (87 FR 60897, Oct. 7, 2022).
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The EPA's review of the elements of the District's June 7, 2024 I/M
SIP revision (as well as our analysis of these SIP revisions for
compliance with the CAA and EPA's I/M Rule \13\) is described in detail
below.
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\13\ See CAA sections 182 and 184 for applicable I/M
requirements, as well as EPA's I/M requirements rule, at 40 CFR
51.350 through 51.373.
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A. Summary of DC's I/M Program Regulatory Updates to the Enhanced I/M
Program Since EPA's 1999 SIP Approval of the Program
A detailed list of the regulatory amendments made by the District
as part of their program update, as authorized by updated legal
authority \14\ are listed in Table 1 in this document. This legal
authority change resulted in DC amending subsections of 18 DCMR
Chapters 6 and 7, publishing rule amendments in the DC Register. Table
1 in this document, both lists the affected regulatory sections of the
amended DCMR Title 18, Chapters 6 and 7 that included as part of the
June 2024 SIP revision addressed by this proposal, as well as the
District effective date of each section.\15\
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\14\ See the DC Vehicle Improvement Act of 2009, Title 18,
Chapters 6 and 7.
\15\ DC Vehicle Inspection Improvement Amendment Act of 2009
(DC. Law 18-111; 57 DCR 181, 289; adopted January 8, 2010).
[[Page 69756]]
Table 1--District of Columbia Rule Amendments in the June 2024 SIP Revision
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State effective
DCMR Title 18 Chapter 6 and 7 DCMR section Summary of revisions to Chapter date/ DC Register
(DCR) Citation
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600 General Provisions........ 600.1............ Revises program applicability to remove March 3,
600.4............ standards prescribing to ``safety 2010,\15\
equipment, materials, and condition of as amended by DC
motor vehicles'' on an annual basis. Vehicle
Removes requirements for processing Improvement Act
``condemned'' vehicles. of 2009.
Removes reference to ``public street or
space'' in reference to removal of unsafe
or improperly equipped vehicles, instead
referring to new requirements in sections
601.4 through 601.6.
601 Inspection Requirements... 601.1-601.3...... Adds requirements applicable to sticker February 1, 2021,
601.4............ issuance and inspection process. Final Rulemaking
601.6............ Incorporates by reference the DC published
601.7-601.12..... Inspection Lane Operator's Manual and the January 29, 2021
AAMVA Manual to govern inspection (68 DCR 1404).
procedures.
Delineate periodic emissions testing
applicability, with passenger cars tested
every other year; buses tested
semiannually (except MTA buses tested
annually); taxis, commercial vehicles,
and tow trucks tested annually; historic
vehicles tested at registration--with
annual or biennial odometer confirmation
required thereafter, depending on
historic classification. All other
subject vehicles are required to be
tested biennially. Vehicles over 26,000
lbs GVWR, diesel-powered vehicles, and
pre-1968 model year vehicles are exempt
from emissions testing.
Delineates periodic safety inspection
applicability, with buses to be tested
semiannually; while taxis, commercial
vehicles, and tow trucks tested annually.
[Redacted from inclusion to the SIP, at
DC's request]..
I/M test fee language excluded from
inclusion in the SIP..
602 Inspection Stickers....... 602.5............ Revised to update outdated language March 3, 2010, as
602.6............ regarding temporary 15-day retention of amended by DC
an out-of-state I/M stickers after newly Vehicle
registering a DC vehicle from out of Improvement Act
area, or DC had the option to instead of 2009.
issue a temporary sticker. The word
safety has been removed from this
section, to clarify that these
requirements apply to safety and
emissions testing.
Clarifies that vehicles obtained from
outside the program area must present the
vehicle for DC inspection and display a
DC sticker no later than 15 days after
the vehicle is registered in DC.
603 Vehicle Inspection: 603.1............ Amends requirements for approved vehicles March 3, 2010, as
Approved Vehicles. applicable when a vehicle is found ``not amended by DC
to conform'' following pre-inspection (as Vehicle
set forth in the Lane Operator's Manual, Improvement Act
the AAMVA Manual, and DCMR Title 18). If of 2009.
the vehicle is determined ``not to
conform,'' the program director will
issue the registrant a rejection sticker
instead of an approved inspection sticker.
604 Vehicle Inspection: 604.1............ Amends rejected vehicle requirements to March 3, 2010, as
Rejected Vehicles. 604.2............ use the term ``do not conform,'' as amended by DC
604.6-604.10..... established at Sec. 603.1. Vehicle
604.11-604.13.... Repeals Director discretions to reject a Improvement Act
presented vehicle determined (after of 2009.
mechanical inspection) to not conform to
equipment standards in the DC Inspection
Manual, related to trailer safety
inspections.
Repeals language related to rejected
sticker color applicable to for-hire
vehicles.
Amends and renumbers sticker issuance
requirements (moved from Sec. 604.11 to
new Sec. Sec. 604.12 and .13),
applicable when vehicle fails or is
rejected for safety purposes. An approval
sticker shall only be issued upon the
vehicle's passing an emissions test.
606 Vehicle Inspection: 606.2............ Updates outdated reference to District March 3, 2010, as
Condemned Vehicles. Inspection Manual to the Lane Operators amended by DC
Manual, or when applicable the AAMVA Vehicle
Manual, for purposes of ``condemned'' Improvement Act
sticker issuance. of 2009.
607 Placement of Inspection 607.1 and 607.3.. Replaces the term ``motorized bicycles'' August 11, 2017,
Stickers on Vehicles. to ``motor-driven cycles'' to both as amended by
sections, adding a new term for Final Rulemaking
``autocycles'' to Sec. 601.1. published August
11, 2017 (64 DCR
7930).
609 Inspection of Non- 609.1............ Addition of ``and'' between requirements July 13, 2001, as
Registered Motor Vehicles. 609.2-609.3...... for verification of ID numbers and cases amended by Final
in which safe mechanical condition of a Rulemaking
vehicle is in question, as related to published July
inspection of non-registered motor 13, 2001 (48 DCR
vehicles at no cost. [Redacted from 6261).
inclusion to the SIP at DC's request] I/M
program test fee language excluded from
inclusion in the SIP.
617 Inspector Certification... 617.3............ ``Motor Vehicles'' training course for new February 10,
inspector certification is amended to 2006, as amended
``Public Works'' training course. by Final
Rulemaking
published
February 10,
2006 (53 DCR
845).
[[Page 69757]]
618 Automotive Emissions 618.3............ Responsibility for establishing criteria February 10,
Repair Technician. 618.5............ for repair technician training testing is 2006, as amended
changed from the Director of ``Motor by Final
Vehicles'' to that of ``Public Works.''. Rulemaking
New addition to allow the Director to published
issue repair certification to technicians February 10,
certified in another Enhanced I/M state. 2006 (53 DCR
Former section 618.5 is renumbered to 845).
618.6.
701 Historic Motor Vehicles... 701.2............ Grammatical change, with capitalization of January 9, 2009,
``Chapter'' changed to lower case. as amended by
D.C. Act 17-619,
(56 DCR 203).
701 Historic Motor Vehicles... 701.7............ New language suspending F(I) historic
class registration for vehicles exceeding
mileage limits for that class for a
period of two years..
752 Maximum Allowable Levels 752.3............ Removes language requiring establishment October 3, 2003,
of Exhaust Components. of exhaust emission standards to fail as amended by
more than 20% of vehicles. Adds new Final Rulemaking
language requiring vehicles to comply published
with Federal OBD standards, as of January October 3, 2009
2004. (50 DCR 8196).
756........................... 756.3............ Incorporates by reference the DC March 3, 2010, as
Inspection Lane Operator's Manual and the amended by DC
AAMVA Manual with respect to performing Vehicle
quality assurance and equipment Improvement Act
calibration procedures necessary for of 2009.
transient testing.
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These regulatory updates to the Enhanced I/M program rules and
requirements update the SIP to reflect minor administrative changes,
primarily made by a 2010 DC law change and several regulatory updates.
References to updated I/M program materials have been amended, which
specify requirements for I/M test procedures, program quality control,
and emissions inspector and repair technician certification. The
referenced DC Inspection Lane Operator's Manual and the American Assn.
of Motor Vehicle Inspection (AAMVA) Manual are being proposed for
incorporation by reference to the DC SIP. The revisions to Title 18,
sections 6 and 7 are administrative and clerical in nature and will not
reduce the emission reduction benefits produced by the District's I/M
program.
B. Demonstration That Enhanced I/M Program Requirements Continue To Be
Met for the DC Portion of the Washington, DC-MD-VA Nonattainment Area
After Program Revisions Made by DC Since EPA Last Approved the DC I/M
Program to the SIP
In addition to demonstrating that its existing program meets
applicable CAA Basic I/M requirements, including the PSM demonstration
discussed below, DC's June 2024 SIP revision also requests that the EPA
incorporate updated regulatory amendments and other administrative
changes to DC's prior, approved Enhanced I/M SIP adopted to satisfy
Enhanced I/M requirements applicable as a result of the Washington, DC-
MD-VA having been designated nonattainment under the prior (now
revoked) 1979 1-hour ozone NAAQS, and as a result of the District's
location in a CAA-established OTR.\16\
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\16\ See CAA I/M requirements set forth at sections 182(c)(3)
and 184(b)(1)(a).
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Amendment of the existing, approved SIP to revise a CAA-required
control measure requires that the state demonstrate that the revised
measure continues to meet applicable CAA requirements. In the case of
the Enhanced I/M program, this requires that the revised program meets
all Enhanced requirements set forth at CAA 182(c)(3) and at the EPA's
I/M rule, including an I/M PSM analysis showing that that the program
meets the Enhanced I/M performance standard. However, DC's revision to
the SIP-approved I/M program consist entirely of regulatory updates and
other non-regulatory updates to the program that are administrative in
nature that do not change program applicability, the inspection
process, or any other aspect of the program that can be shown to change
the emissions benefits of the prior, SIP-approved program. Given the
administrative and clerical nature of the DC regulatory updates, the
EPA has determined that an Enhanced I/M PSM analysis is not necessary
for this action. The EPA's review of the regulatory updates to the
program was summarized in this action, with further detail on our
review provided in the accompanying technical support document (TSD)
for this action.
C. I/M Performance Standard Modeling (PSM) Demonstration To Demonstrate
Compliance With CAA Requirements for a Basic I/M Program Applicable to
Moderate Ozone Nonattainment Areas
The CAA and I/M regulations allow States a great deal of
flexibility in designing their I/M programs as long as the applicable
I/M performance standard is met. An I/M performance standard is a
collection of program design elements, to which a state's I/M program
is compared in terms of its potential to reduce emissions of the ozone
precursors. A PSM analysis is performed using the most recent version
of the EPA's Motor Vehicle Emissions Simulator Model (MOVES) available
at the time of analysis. The PSM demonstration compares the resultant
MOVES-derived emissions levels, expressed as a comparison of tons per
day of the ozone precursors NO<INF>X</INF> and VOCs from onroad mobile
sources in the I/M area. The EPA's I/M rule sets forth applicable Basic
I/M PSM demonstration criteria.\17\ The EPA issued PSM modeling
guidance establishing a means by which states conduct the required PSM
demonstration, which must then be submitted to EPA as part of an I/M
program certification SIP revision to the
[[Page 69758]]
state's SIP.<SUP>18 19</SUP> As the District has an existing Enhanced
I/M program, the area may demonstrate (through a PSM analysis) that the
existing program meets the Basic I/M performance standard applicable to
a Moderate ozone nonattainment area without modification. The state
could submit this I/M certification SIP revision with the associated
performance modeling and a written statement certifying their
determination in lieu of submitting new revised regulations.\20\
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 ozone NAAQS.
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\17\ See 40 CFR 51.352.
\18\ See EPA's ``Performance Standard Modeling for New and
Existing Vehicle Inspection and Maintenance (I/M) Programs Using the
MOVES Mobile Source Emissions Model'' (EPA-420-B-22-034, 2022).
\19\ See 40 CFR 51.372(a)(2).
\20\ See Section II.E of the Oct. 7, 2022 final rule (87 FR
60897, 60906) and the Apr. 13, 2022 proposal (87 FR 21842).
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To address this Basic I/M requirement for the District of Columbia
portion of Washington, DC-MD-VA 2015 ozone nonattainment area required
under the Moderate classification, the District submitted the June 7,
2024, SIP revision. Due to the area being designated nonattainment at a
higher classification under the previous 1979 ozone NAAQS, as well as
DC's inclusion as part of the CAA Northeast Ozone Transport Region
(OTR),\21\ the District has implemented an Enhanced I/M program since
1999. The June 2024 SIP submittal includes a PSM demonstration showing
that the District's existing I/M program meets applicable, CAA-
established performance requirements to achieve equivalent or greater
emissions reductions than the EPA's model Basic I/M program.
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\21\ The Washington, DC-MD-VA NAA was previously classified as
Severe nonattainment under the now revoked 1979 1-hour 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.
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The District operates a centralized, test-only government-run
inspection program (adopted by the DC Department of Energy and
Environment (DC DOEE) and administered by the DC Department of Public
Works (DCDPW), with emissions testing performed on a biennial basis for
most vehicles (with commercial vehicles subject to more frequent annual
testing of commercial passenger vehicles (e.g., taxis and limousines)
and biannual testing of school buses. Testing is required for model
year 1968 and newer vehicles (up to 26,000 pounds gross vehicle weight
rating (GVWR). New vehicles are exempted for the first four model
years. A vehicle must pass inspection or be granted a waiver before it
can be registered in the District.
D. DC's Basic I/M Performance Standard Modeling Analysis and Results
The District's June 7, 2024 SIP revision certifies that the
existing DC I/M program (inclusive of the regulatory and other
administrative program updates submitted with the June 2024 submittal,
on which EPA is simultaneously proposing action upon) meets all
applicable requirements for a Basic I/M program required for Moderate
ozone nonattainment areas. Table 2 in this document compares the EPA's
Basic I/M performance standard for areas designated nonattainment for
the 2015 ozone standard \22\ with the existing DC I/M Program.
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\22\ See 40 CFR 51.352(e).
\23\ See the ``Basic performance standard for areas designated
non-attainment for the 8-hour ozone standard'' at 40 CFR 51.352(e).
Table 2--Comparison Between the Model Basic I/M Performance Standard
Program and DC's Existing I/M Program
------------------------------------------------------------------------
Model basic I/M
performance District of
I/M program element standard program Columbia's existing I/
\23\ M program
------------------------------------------------------------------------
Network Type.................. Centralized...... Centralized.
Program Start Date............ 4 years after 1997.
designation and
classification
under the ozone
standard.
Test Frequency................ Annual........... Biennial (Passenger
vehicles); Annual
(Commercial
passenger vehicles,
e.g., taxis/
limousines);
Biannually (School
buses).
Model Year Coverage........... 1968 and newer... 1968 and newer (4
newest model years
exempt).
Vehicle Type Coverage......... Light-duty, Light-duty vehicles
gasoline-powered (LDGVs) and light-
vehicles. duty gasoline trucks
(LDGTs), up to 8,500
lbs GVWR; Medium-
Duty Vehicles
(MDVs), up to 14,000
lbs GVWR; Heavy-Duty
Vehicles (HDVs) up
to 26,000 lbs GVWR.
Test Types.................... Idle Test for 2-speed Idle Test for
1968-2000 1968-1983 LDVs and
vehicles; OBD LDTs; and 1968 and
checks on 2001 newer MDVs.
and newer OBD checks on 1996
vehicles. and newer LDGVs and
LDGTs (up to 8,500
lbs GVWR); and 1996
and newer MDVs (up
to 14,000 lbs GVWR);
IM240 on 1984-1985
LDVs, LDTs and MDVs.
Emission Control Device Visual None............. None.
Inspection.
Evaporative system function None, with the Gas Cap Pressure
check. exception of Test, for 1968-1995
those performed LDVs and LDTs; 1968
by the OBD and newer School
system on Buses and Single
vehicles so- Unit Short Haul
equipped and Trucks, and single
only for model unit long-haul
year 2001 and trucks; OBD Evap for
newer vehicles. 2003 and newer LDVs
and LDTs and MDTs.
Waiver Rate (for cost-limited A 0% waiver rate A 3% waiver rate.
I/M repair expenditures). as a percentage
of failed
vehicles.
Compliance Rate............... A 100% compliance A 96% compliance
rate. rate.
------------------------------------------------------------------------
Per the CAA and the EPA guidance, DC DOEE evaluated its existing
program in comparison to the Basic I/M performance standard for the
2023 PSM evaluation year. In accordance with the EPA's PSM guidance, a
PSM analysis
[[Page 69759]]
resulting from a reclassification is to be based on the attainment date
and 2023, as the attaining ozone season, is the last full ozone season
prior to the attainment date.\24\
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\24\ See the EPA's I/M PSM Guidance [EPA-420-B-22-034, October
2022], p.10.
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The DC DOEE utilized the EPA's MOVES3.1 model to demonstrate PSM
equivalence of their I/M program, as this was the most recently
available model at the time they commenced their analysis. Though the
EPA had released newer versions of the MOVES model (i.e., MOVES4) at
the time the SIP revision was submitted, DC DOEE commenced development
of their PSM analyses \25\ prior to the release of MOVES4 in September
2023, making MOVES3.1 the most recent version of the model available
when DC commenced its analysis.<SUP>26 27</SUP>
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\25\ 88 FR 62567.
\27\ See 88 FR 62567.
\27\ See EPA, 420-B-20-044, ``Policy Guidance on the Use of
MOVES3 for State Implementation Plan Development, Transportation
Conformity, General Conformity, and Other Purposes'' (2020), p. 7.
DC's PSM analysis supporting this SIP revision commenced earlier in
2023, prior to the subsequent release by EPA of MOVES4 and its
policy memorandum requiring use of that more recent model.
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The District's PSM demonstration methodology was conducted in
accordance with guidance established by the EPA's MOVES3 Technical
Guidance.\28\ Model inputs for the PSM demonstration are based on a mix
of local data and national default data. Local data were used for the
primary data items that have a significant impact on emissions,
including: vehicle miles traveled (VMT) by vehicle type; average speed
distribution; vehicle type distributions; source type population (for
light-duty vehicles); vehicle age distribution; hourly distributions;
meteorology data; and the specific design elements of the DC I/M
program. DC derived many of its MOVES planning assumptions from its
latest plan approved for transportation conformity planning.
---------------------------------------------------------------------------
\28\ See EPA, 420-B-20-052, ``MOVES 3 Technical Guidance--Using
MOVES to Prepare Emission Inventories for State Implementation Plans
and Transportation Conformity'' (Nov. 2020), pp. 44-49.
---------------------------------------------------------------------------
Most local data inputs for the analysis process reflect the latest
planning assumptions based on data obtained from the DC Department of
Motor Vehicles (DC DMV), as well as other local/national sources. The
most recent available data was used for model assumptions and inputs
related to emissions control strategies, meteorology, and fuel
parameters. Vehicle age distributions were based on the DC vehicle
registration dataset for 2022. I/M program data was based on the latest
available 2021-22 biennial program test cycle. Modeling assumptions are
detailed in the PSM Chapter of DC's SIP, with MOVES modeling input and
output results provided in SIP Attachments A through D.
Further description of the District's PSM analysis MOVES inputs and
assumptions is provided in the TSD prepared in support of this action.
I/M-related MOVES input data and their sources are provided in section
III.D.1 of the TSD prepared for this action and the I/M input
parameters necessary to evaluate MOVES I/M analysis are detailed in the
TSD prepared by the EPA in support of this proposed action, which is
available in the docket.
The District's MOVES3 PSM analysis was performed using the
methodology set forth in the EPA MOVES SIP and Technical Guidance
documents, as well as EPA's PSM Modeling Guidance. Emissions for both
the EPA model program (i.e., the Basic performance standard) and DC's
existing I/M program were provided in total tons per summertime day of
the ozone precursors--VOCs, and NO<INF>X</INF>. The results of the
District's Basic I/M PSM certification analysis are provided in Table
3. The modeling results shown in Table 3 in this document, demonstrate
that DC's existing I/M program is operating at or above the Basic I/M
performance standard level.
Table 3--DC I/M Basic Performance Standard Modeling Analysis Results
----------------------------------------------------------------------------------------------------------------
Emissions (total onroad) Emission rate (onroad grams/mile)
------------------------------------------------------------------------------
Pollutant NOX (tons) VOC (g/ NOX (g/
HC (tons) VOC (tons) HC (g/mile) mile) mile)
----------------------------------------------------------------------------------------------------------------
Model Basic I/M Performance 3.48 2.58 3.10 0.2953 0.2194 0.2635
Standard Program................
DC I/M Existing Program.......... 3.36 2.48 2.98 0.2852 0.2107 0.2532
Difference Between DC's Existing -0.12 -0.10 -0.12 -0.0101 -0.0087 -0.0103
I/M Program and the Model Basic
I/M Performance Standard Program
Does DC's I/M Program Meet the Yes Yes Yes Yes Yes Yes
CAA PSM Requirement for a Basic
I/M Program?
----------------------------------------------------------------------------------------------------------------
E. Demonstration of Noninterference by the Updated I/M Program SIP
Revision With Attainment and Maintenance of NAAQS Under CAA 110(l)
CAA section 110(l) requires that the EPA approve a revision to a
SIP only ``if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement of [the CAA].'' In evaluating the
District's submitted SIP revision, EPA considered whether approval of
the revision would result in interference under CAA section 110(l).
Consequently, an analysis of whether EPA's approval of the District's
SIP revision would be consistent with CAA section 110(l) is presented
here.
A SIP revision would be consistent with section 110(l) so long as
``emissions in the air are not increased,'' and ``status quo air
quality'' is preserved.\29\ The appropriate analysis under section
110(l) is not standardized and is determined on a case-by-case basis,
given the nature of the SIP revision.\30\ Historically, the EPA has
held that to demonstrate noninterference where the EPA anticipates that
a SIP revision may result in increased emissions, a state may either
substitute equivalent or greater emission reductions in order to
preserve status quo air quality or submit an air quality analysis
showing that the SIP revision will not interfere with any applicable
requirements.\31\ However,
[[Page 69760]]
some SIP elements, such as public hearing requirements, are clearly
administrative or procedural in nature, and changes to them will not
impact emissions for the affected measure.
---------------------------------------------------------------------------
\29\ See Ky. Res. Council, Inc. v. EPA, 467 F.3d 986, 991 (6th
Cir. 2006); see also Indiana v. EPA, 796 F.3d 803, 806 (7th Cir.
2015); Ala. Env't Council v. EPA, 711 F.3d 1277, 1292-93 (11th Cir.
2013); Galveston-Houston Assn for Smog Prevention v. EPA, 289 F.
Appendix 745, 754 (5th Cir. 2008).
\30\ See Center for Biological Diversity v. EPA, 75 F.4th 174,
181 (3rd Cir. 2023).
\31\ See Ky. Res. Council, Inc. v. EPA, 467 F.3d at 995.
---------------------------------------------------------------------------
The EPA's review of these revised program elements shows them to be
administrative and clerical in nature, as discussed previously and
detailed further in the TSD accompanying this action. Thus, the
administrative amendments to the prior, SIP-approved Enhanced I/M
program in the DC SIP do not require a formal noninterference showing
under CAA section 110(l).
III. The EPA's Evaluation and Proposed Action
The EPA's review of this material indicates that all applicable
requirements for a Basic I/M program have been met by the District of
Columbia's SIP June 7, 2024 SIP submission. Further, revisions made by
DC to make regulatory updates to its prior, SIP-approved Enhanced I/M
program of an administrative and clerical nature do not interfere with
the SIP's ability to meet all applicable CAA requirements for an
Enhanced I/M program as required by CAA sections 182(c) and 184(b). The
EPA is proposing to approve into the SIP the District of Columbia's
submitted I/M program updates of Chapters 6 and 7 of Title 18 of the
District of Columbia Municipal Regulations, which reflect
administrative changes made to the program regulations since EPA last
approved the SIP in 1999. The specific regulatory sections amended are
detailed in the incorporation by reference section of this proposed
action. These regulatory updates primarily result from revised legal
authority governing the District's I/M program, under The Vehicle
Inspection Improvement Amendment Act of 2009.\32\
---------------------------------------------------------------------------
\32\ See DC Fiscal Year 2010 Budget Support Act of 2009, Title
VI. Public Works, Subtitle B. Vehicle Inspection Improvement.
---------------------------------------------------------------------------
The CAA gives states discretion on program planning to tailor I/M
programs to their unique situation, as long as Federal statutory and
regulatory requirements for an applicable I/M program are satisfied and
the CAA-required performance standard has been met.
The EPA's review finds that the District of Columbia's revisions to
the prior, SIP-approved I/M program are administrative and clerical in
nature and that they are in accordance with the requirements of the
CAA, 40 CFR part 51 and applicable EPA's guidance for an I/M program.
As a result, this submission does not warrant a noninterference
demonstration under CAA section 110(l). The EPA has determined that
approval of the District's will not interfere with any applicable CAA
requirement concerning attainment and reasonable further program, or
any other applicable CAA requirement. Further, the EPA has determined
that the District's Basic I/M Certification SIP demonstrates that the
existing DC I/M program for DC's portion of the Washington, DC-MD-VA
nonattainment area complies with all applicable requirements for a
Basic I/M program under CAA section 182(b)(4) and that the submitted
PSM analysis demonstrates that DC's existing I/M program is operating
at or above the Basic I/M performance standard level.
Therefore, the EPA proposes to approve the District's June 7, 2024
Enhanced I/M SIP submission as a revision to the District of Columbia
SIP. Additionally, EPA proposes to approve the District's Basic I/M
certification SIP submission for the DC portion of the Washington, DC-
MD-VA as satisfying the Moderate area Basic I/M requirement under the
2015 ozone NAAQS.
IV. Incorporation by Reference
In this document, the EPA is proposing to include in a final EPA
rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, EPA is proposing to
incorporate by reference revised District of Columbia rule revisions
Chapters 6 and 7 of Title 18 of the District of Columbia Municipal
Regulations, which reflect administrative changes made to the program
regulations since the EPA last approved the SIP in 1999, as submitted
as part of DC's June 7, 2024 SIP revision. In accordance with
requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the DCMR rule revisions regarding administrative updates and
clerical amendments to the DC I/M program, as discussed in section II.A
of this preamble and with DCMR effective dates listed in Table 1 of
Section II.A of this preamble. EPA has made, and will continue to make,
these materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at
the EPA Region III 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 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 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 an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant 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, this District of Columbia I/M program revision 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations,
[[Page 69761]]
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2026-22592 Filed 11-4-26; 8:45 am]
BILLING CODE 6569-60-P
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