SUPPLEMENTARY INFORMATION:

Throughout this proposed rule, the use of “we,” “us,” or “our” is intended to refer to the EPA. We use multiple ( printed 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.

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).

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.

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. ( printed 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]

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]

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.

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]

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.

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]

( printed page 69756)

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]

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_X 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 ( printed page 69758) state's SIP.^[18 19] 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.

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.

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.

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 ( printed 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]

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.^[26 27]

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.

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_X. 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.

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, ( printed 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.

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]

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 www.regulations.gov 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:

• Is not a significant regulatory action subject to review by the Office of Management and Budget underExecutive Order 12866 (58 FR 51735, October 4, 1993);
• Is not anExecutive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not significant under Executive Order 12866;
• 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not subject toExecutive Order 13045 (62 FR 19885, April 23, 1997) because it approves a State program;
• Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001); and
• Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act;

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).

91 FR 69753