Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Motor Vehicle Inspection and Maintenance, Clean Screen Program and the Low Emitter Index, On-Board Diagnostics, and Associated Revisions

Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Motor Vehicle Inspection and Maintenance, Clean Screen Program and the Low Emitter Index, On-Board Diagnostics, and Associated Revisions

Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Motor Vehicle Inspection and Maintenance, Clean Screen Program and the Low Emitter Index, On-Board Diagnostics, and Associated Revisions

Shaun L. McGrath
Environmental Protection Agency
21 October 2016

[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Rules and Regulations]
[Pages 72720-72724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25295]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0016; FRL-9954-16-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
State of Colorado; Motor Vehicle Inspection and Maintenance, Clean
Screen Program and the Low Emitter Index, On-Board Diagnostics, and
Associated Revisions

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving three
State Implementation Plan (SIP) revisions submitted by the State of
Colorado. The revisions involve amendments to Colorado's Regulation
Number 11 ``Motor Vehicle Emissions Inspection Program.'' The revisions
address the implementation of the Low Emitter Index (LEI) component of
Regulation No. 11's Clean Screen Program, the implementation of the On-
Board Diagnostics (OBD) component of Regulation No. 11, and several
other associated revisions. The EPA is approving these SIP revisions in
accordance with the requirements of section 110 of the Clean Air Act
(CAA).

DATES: This final rule is effective on November 21, 2016.

ADDRESSES: EPA has established a docket for this action under Docket
Identification Number EPA-R08-OAR-2016-0016. All documents in the
docket are listed on the http://www.regulations.gov index. Although
listed in the index, some information may not be publicly available,
e.g., Confidential Business Information or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado, 80202-1129. EPA requests that you contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You may view the hard copy of the
docket Monday through Friday, 8 a.m. to 4 p.m., excluding federal
holidays.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, EPA, Region 8,
Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-
6479, russ.tim@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

In this action, the EPA is approving SIP revisions to Colorado's
Regulation No. 11 (hereafter ``Reg. No. 11'') contained in three
submittals from Colorado. The State's submittals were dated June 11,
2008, March 15, 2013, and March 3, 2014. Much of the content of the
revisions involved minor updates to several sections of Reg. No. 11 and
deletion of obsolete language. Those revisions of greater significance
involved: (1) Colorado's 2007 revisions to Reg. No. 11 for the
implementation of the LEI portion of the Clean Screen Program contained
in Reg. No. 11; (2) Colorado's 2012 revisions to Reg. No. 11 for the
implementation of the OBD test requirements contained in Reg. No. 11
along with the Seven Model Year Emissions Test Exemption provisions;
and (3) Colorado's 2013 revisions to Reg. No. 11, Appendix A,
Incorporation by Reference of Technical Materials, the addition of new
Technical Information/Requirements, and minor revisions to Appendix B.
On August 12, 2016, the EPA published a notice of proposed
rulemaking (NPR) which proposed to approve the State's three Reg. No.
11 SIP revision requests and in addition, provided a thorough
evaluation of the changes, additions, and deletions to Reg. No. 11
contained in each of the three SIP revision submittals. See 81 FR
53370. The details of Colorado's three SIP submittals and the rationale
for the EPA's proposed action to approve the SIP revision materials are
explained in the NPR and will not be restated here. The EPA notes that
the NPR's public comment period closed on September 12, 2016 and we did
not receive any comments.

II. Final Action

The EPA is taking final action to approve the following revisions
to Reg. No. 11 that were discussed in our August 12, 2016 NPR (81 FR
53370) and as provided below:
a.) The sections of Reg. No. 11 that were revised with the State's
June 11, 2008 submittal:
1.) Part A, section II: Modify definition number 15 ``Clean
Screened Vehicle'' to reflect the addition of the LEI; modify
definition number 17 ``Colorado `94'' to clarify the use of the BAR 90
test analyzer systems for use after 1994; and add a new definition
``Low Emitting Vehicle Index.'' Renumber definitions number 18 and
higher.
2.) Part C, section XII: Modify section XIIA.3 regarding the
requirements and procedures to clean screen an eligible vehicle and add
section XIIE.4 regarding low emitting vehicles and the LEI.
3.) Part F, section VI: Renumber section VI.B as VI.C; add new
section VI.B.1 which requires the development of the LEI each year; add
new section VI.B.2 which establishes the 98% minimum passing criteria
for the LEI; and add new section VI.B.3 which allows the Colorado
Department of Public Health and Environment (CDPHE) to use a greater
than 98% passing criteria if needed to equate to a second remote
sensing device reading.
4.) Appendix A, Technical Specifications, Attachment 1: Sections of
Attachment 1 of the Technical Specifications contain the specifications
for the PDF 1000 Scanner; some sections were unreadable and a full,
retyped PDF 1000 Scanner section was provided.
5.) Appendix A, Technical Specifications, Attachment 2: Sections of
Attachment 2 of the Technical Specifications contain the specifications
for the Thermal Transfer Printer; some sections were unreadable and a
full, retyped Thermal Transfer Printer section was provided.
The EPA notes that Part F, section III.A.2 of Reg. No. 11 was also
provided with the State's June 11, 2008 submittal. This section
contains IM240 \1\ test light duty vehicle emissions cutpoints for 1996
and newer vehicles (all in grams per mile). The carbon monoxide (CO),
hydrocarbon (HC), and nitrogen oxides (NOX) entries for
calendar year 2006 are incorrect as the State had previously provided
an August 8, 2006 SIP revision submittal to remove these 2006 cutpoints
(i.e., HC 0.6, CO 10.0, and NOX 1.5). The EPA approved the
removal of these 2006 cutpoints on December 20, 2012 (77 FR 75388).
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\1\ See 40 CFR part 51, subpart S for a complete description of
EPA's IM240 test. The IM240 test is essentially an enhanced motor
vehicle emissions test to measure mass tailpipe emissions while the
vehicle follows a computer generated driving cycle trace for 240
seconds and while the vehicle is on a dynamometer.

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[[Page 72721]]

b.) The sections of Reg. No. 11 that were revised with the State's
March 15, 2013 submittal:
1.) Part A, section I: Minor wording changes to add new language
and remove obsolete language in sections I.B, I.C.3, I.C.3.a, I.C.3.b,
I.C.3.c, I.C.4, I.C.7, I.C.7.c, I.C.8, and I.C.9.b.
2.) Part A, section II: A new definition number 20 was added
entitled ``Colorado On-Board Diagnostic (OBD) Test Analyzer System;'' a
new definition number 22 was added entitled ``Diagnostic Trouble Code
(DTC);'' and definitions number 23 to 43 were renumbered. A new
definition number 44 was added and entitled ``On-Board Diagnostics II
(OBD or OBDII) Test'' and definitions numbered 45 to 52 were
renumbered.
3.) Part A, section IV: Section IV.D was removed which involved
obsolete language and section IV.E was renumbered IV.D and also had
obsolete language removed.
4.) Part B, section IX: Section IX was added and is entitled
``Approval of the Colorado On-Board Diagnostic (OBD) Test Analyzer
System.'' Also, Part B, section X was added and is entitled ``The
Colorado On-Board Diagnostic (OBD) Test Analyzer System.''
5.) Part C, title: The title was modified by removing
``Chlorofluorocarbon Leak Detection'' and adding ``On-Board Diagnostics
(OBD).''
6.) Part C, section I.C.3: This involved minor language changes to
clarify data transmission and analyzer requirements.
7.) Part C, section II.A: This section was renumbered from II.A
through II.F to instead become II.A.1 through II.A.11. Minor
clarification language was added along with revised references to
sections in Part C.
8.) Part C, section II.G: This section was renumbered to II.B and
clarifying language was added regarding OBD testing. Sections II.G.1
through II.G.6 were renumbered II.B.1 through II.B.6. Section II.B.4
had clarifying language added regarding applicable vehicles that were
unable to be tested with the IM240 test would then be OBD tested.
9.) Part C, section II.C: A new section II.C (II.C 1 through
II.C.9) was added which specifies which vehicles are to be OBD tested
and the requirements and testing procedures for an OBD test.
10.) Part C, section III.A: This section had clarifying language
added and sections III.B and III.C were removed as they addressed the
model year 1996 and newer visual inspection procedures. The remaining
applicable portions of section III.C were then renumbered III.B.
Sections III.D and III.E were renumbered to III.C and III.D.
11.) Part C, section IV: The prior section IV was renumbered
section V and the provisions of the existing section V were deleted.
The new section IV addressed the requirements for applicable vehicles
(1996 through those vehicles that had reached their 11th model year of
age) to be evaluated with and OBD test.
12.) Part C, prior section IV: The existing section IV was
renumbered section V and also modified with clarifying language
regarding the requirement for a full retest of vehicles which
previously had a missing or malfunctioning gas cap.
13.) Part C, section VIII.A.2: A new section VIII.A.2 was added
which states that vehicles in their model years seven through ten need
to meet the OBD passing criteria in Part F, section VII. Sections
VIII.A.2 through VIII.A.4 were renumbered VIII.A.3 through VIII.A.5.
14.) Part C, sections VIII.B.1, VIII.B.2, and VIII.B.3: These
sections had minor wording changes and deletion of obsolete language.
15.) Part C, sections VIII.D.A through VIII.D.E: These sections
were renumbered VIII.D.1 through VIII.D.5.
16.) Part C, sections IX.G and X.A: These sections had minor
clarifying language added.
17.) Part F, section V: This section was retitled ``Visible
Smoke.''
18.) Part F, section VII: A new section VII was added (sections
VII.A through VII.F) which stated the required OBD diagnostic
inspection test passing criteria.
19.) Part G: This part had previously contained obsolete high-
emitting vehicle identification pilot project language which was
removed and Part G was retitled ``Reserved.''
c.) The sections of Reg. No. 11 that were revised with the State's
March 3, 2014 submittal:
1.) Part A, section I.C.3.c: This section was revised to clarify
that the seven year new vehicle exemption, which excused vehicles from
an emissions test for seven years and was previously adopted by the
Colorado Air Quality Control Commission (AQCC) in December 2012, would
take effect on January 1, 2015. Also, this exemption would apply
retroactively to existing vehicles in their fourth, fifth, and sixth
years of service.
2.) Part A, sections I.C.8, I.C.9, and I.C.10: These sections were
revised to clarify ambiguous, contradictory and obsolete Reg. No. 11
language concerning the issuance of and duration periods for
``Verification of Emissions Test'' exemption windshield stickers issued
by motor vehicle dealers. Part A, section I.C.8 was further clarified
to note that vehicles in their fourth, fifth, and sixth years of
service would have the seven year exemption applied retroactively.
3.) Part A, section I.C.3 and Part C, sections III and IV: These
sections were revised to clarify that the seven-year new vehicle
exemption from emissions testing, OBD testing requirements and
procedures, and other changes made to Reg. No. 11 by the AQCC in
December 2012, would go into effect January 1, 2015. In addition, the
visual inspection procedures for 1996 and newer vehicles would be
retained through December 2014.
4.) Part C, section C VIII.B.3: This section was revised to codify
in Reg. No. 11 the vehicle emissions repair cost waiver amount of $715.
The AQCC has previously directed the CDPHE to change the amount from
$450 to $715 in November 2002, which was done. However, at that time,
the AQCC had declined to note the changed repair amount in the text of
Reg. No. 11.
5.) Part C, section VIII.D.4: This section was revised regarding
the qualifying criteria for an economic hardship waiver for a vehicle
failing its emissions test. Section VIII.D.4 was further revised to
allow the economic hardship waiver to apply to households owning two
vehicles rather than restricting hardship waivers to households owning
only one vehicle.
6.) Appendix A of Reg. No. 11 was revised as follows:
a.) Appendix A was revised to remove the text of three technical
document attachments and to note that the documents are available at
CDPHE's Emissions Technical Center Procedures Manual. The technical
documents are incorporated by reference into Reg. No. 11. Appendix A.
The technical documents that are incorporated by reference into Reg.
No. 11 are: Attachment I ``PDF 1000 Scanner,'' Attachment II ``Thermal
Transfer Printer,'' and Attachment III ``Colorado Automobile Dealers
Transient Mode Test Analyzer System.''
b.) Updated Attachment IV, entitled ``Colorado Department of Public
Health and Environment Specification for Colorado 97 Analyzer,'' to
reflect technological changes to data specifications, communications
protocols, and forms generation.
c.) To include a new Attachment V ``Test Analyzer Specification for
On-board Diagnostics'' for licensed fleets who self-inspect their own
vehicles. Note: Part B section X required this Test Analyzer
Specification to be in place by December 31, 2013.
7.) Appendix B of Reg. No. 11 was revised as follows: Attachment
II; the ``Calibration Span Gas'' labels were

[[Page 72722]]

updated to reflect the current version of the State-official labels.
8.) Overall revised formatting and other non-substantive changes
were made throughout Reg. No. 11.

III. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Colorado Air Quality Control Commission, Regulation Number 11 revisions
as discussed in section II, Final Action, of this preamble. Therefore,
these materials have been approved by the EPA for inclusion in the
State Implementation Plan, 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. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 8 Office (please contact the person identified in the ``For
Further Information Contact'' section of this preamble for more
information).

IV. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
final action merely approves some state law as meeting federal
requirements; this final action does not impose additional requirements
beyond those imposed by state law. For that reason, this final action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, Oct. 4, 1993);
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 (Public Law 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, Aug. 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, Feb. 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian Country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 20, 2016. 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, and Volatile organic compounds.

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

Dated: September 21, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.

40 CFR part 52 is amended to read 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 G--Colorado

0
2. In Sec. 52.320, the table in paragraph (c) is amended by:
0
a. Revising the entries ``I. Applicability''; ``II. Definitions'';
``IV. Clean Screen/Remote Emissions Sensing''; and ``IX. Approval of
the Colorado On-Board Diagnostic (OBD) Test Analyzer System''.
0
b. Adding the entry ``X. The Colorado On-Board Diagnostic (OBD) Test
Analyzer System'' in numerical order.
0
c. Revising the center heading to ``5 CCR 1001-13, Regulation Number
11, Motor Vehicle Emissions Inspection Program--Part C, Inspection
Procedures and Requirements for Exhaust Emissions, Fuel Evaporation
Control, Visible Smoke Emissions, Emissions Control Systems, On-Board
Diagnostics (OBD); and Practices to Ensure Proper Emissions Related
Adjustments and Repairs'' and the entries ``I. Pre-inspection
Requirements''; ``II. Exhaust Emissions Inspection Procedures''; ``III.
Emissions Control Systems Inspection Procedures''; ``IV. On-Board
Diagnostic Inspection Procedures''; ``V. Evaporative Fuel Control
Inspection Procedures''; ``VIII. Certification of Emissions Control'';
``IX. Adjustment Procedures''; ``X. Emissions Related Repairs''; and

[[Page 72723]]

``XII. Clean Screen Inspection Program Procedures''.
0
d. Revising the entries ``V. Visible Smoke'' and ``VI. Clean Screen
Program Maximum Allowable Emissions Limits''.
0
e. Adding the entry ``VII. On-Board Diagnostic Inspection Passing
Criteria'' in numerical order.
0
f. Revising the entries ``Appendix A, Specifications for Colorado 94
Analyzer'' and ``Appendix B, Standards and Specifications for the
Suppliers of Span and Calibration Gases''.
The additions and revisions read as follows:

Sec. 52.320 Identification of plan.

* * * * *
(c) * * *

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State EPA effective
Title effective date date Final rule citation/date Comments
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* * * * * * *
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5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part A, General Provisions, Area of Applicability, Schedules for
Obtaining Certification of Emissions Control, Definitions, Exemptions, and Clean Screening/Remote Sensing
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I. Applicability.................... 2/15/2013 11/21/2016 [Insert Federal Register citation], 10/ ........................................
12/30/2013 21/2016.
II. Definitions..................... 8/30/2007 11/21/2016 [Insert Federal Register citation], 10/ ........................................
2/15/2013 21/2016.
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* * * * * * *
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IX. Approval of the Colorado On- 2/15/2013 11/21/2016 [Insert Federal Register citation], 10/ ........................................
Board Diagnostic (OBD) Test 21/2016.
Analyzer System.
X. The Colorado On-Board Diagnostics 2/15/2013 11/21/2016 [Insert Federal Register citation], 10/ ........................................
(OBD) Test Analyzer System. 21/2016.
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5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part C, Inspection Procedures and Requirements for Exhaust Emissions,
Fuel Evaporation Control, Visible Smoke Emissions, Emissions Control Systems, On-Board Diagnostics (OBD); and Practices to Ensure Proper Emissions
Related Adjustments and Repairs
--------------------------------------------------------------------------------------------------------------------------------------------------------
I. Pre-inspection Requirements...... 2/15/2013 11/21/2016 [Insert Federal Register citation], 10/ ........................................
21/2016.
II. Exhaust Emissions Inspection 2/15/2013 11/21/2016 [Insert Federal Register citation], 10/ ........................................
Procedures. 21/2016.
III. Emissions Control Systems 2/15/2013 11/21/2016 [Insert Federal Register citation], 10/ ........................................
Inspection Procedures. 21/2016.
IV. On-Board Diagnostic II 2/15/2013 11/21/2016 [Insert Federal Register citation], 10/ ........................................
Inspection Procedures. 21/2016.
V. Evaporative Fuel Control 2/15/2013 11/21/2016 [Insert Federal Register citation], 10/ ........................................
Inspection Procedures. 21/2016.
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[[Page 72724]]

* * * * * * *
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5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part F, Maximum Allowable Emissions Limits for Motor Vehicle Exhaust,
Evaporative and Visible Emissions for Light-Duty and Heavy-Duty Vehicles
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
V. Visible Smoke.................... 2/15/2013 11/21/2016 [Insert Federal Register citation], 10/ ........................................
21/2016.
VI. Clean Screen Program Maximum 8/30/2007 11/21/2016 [Insert Federal Register citation], 10/ ........................................
Allowable Emissions Limits. 21/2016.
VII. On-Board Diagnostic Inspection 2/15/2013 11/21/2016 [Insert Federal Register citation], 10/ ........................................
Passing Criteria. 21/2016.
--------------------------------------------------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Appendices
--------------------------------------------------------------------------------------------------------------------------------------------------------
Appendix A, Specifications for 8/30/2007 11/21/2016 [Insert Federal Register citation], 10/ ........................................
Colorado 94 Analyzer. 12/30/2013 21/2016.
Appendix B, Standards and 12/30/2013 11/21/2016 [Insert Federal Register citation], 10/ ........................................
Specifications for the Suppliers of 21/2016.
Span and Calibration Gases.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-25295 Filed 10-20-16; 8:45 am]
BILLING CODE 6560-50-P