Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Motor Vehicle Inspection and Maintenance Program and Associated Revisions |
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Douglas Benevento
Environmental Protection Agency
17 August 2018
[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Proposed Rules]
[Pages 41035-41039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17805]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-0AR-2018-0530; FRL-9982-03--Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Colorado; Motor Vehicle Inspection and Maintenance Program and
Associated Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of two 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 enhance the use of Regulation Number 11's Clean Screen
Program, allow self-inspecting vehicle fleets to use the On-Board
Diagnostics (OBD) testing procedure, provide corrections to the Low
Emitter Index (LEI) component of the Clean Screen Program, clarify
existing provisions, correct administrative errors, delete obsolete
language, establish inspection procedures for when emission control
equipment tampering is detected, and make several other minor
associated revisions. These actions are being taken under section 110
of the Clean Air Act (CAA).
DATES: Written comments must be received on or before September 17,
2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2018-0530, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The 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. The 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, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI 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
in www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. The EPA requests that if at all possible,
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, 8:00 a.m. to 4:00 p.m.,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, EPA, Region 8,
Mail-code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129,
(303) 312-6479, or russ.tim@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
Colorado's Regulation Number 11 (hereafter ``Reg. No. 11'')
addresses the implementation of the State's motor vehicle inspection
and maintenance (I/M) program. The I/M program consists of an
``enhanced'' component that
[[Page 41036]]
utilizes a dynamometer-based EPA IM240 \1\ test for 1982 and newer
light-duty gasoline vehicles and a two-speed idle test (TSI) \2\ for
1981 and older light-duty gasoline vehicles. To improve motorist
convenience and reduce program implementation costs, the State also
administers a remote sensing-based ``Clean Screen'' component of the I/
M program. Remote sensing is a method for measuring vehicle emissions,
while simultaneously photographing the license plate, when a vehicle
passes through infrared or ultraviolet beams of light. Owners of
vehicles meeting the Clean Screen criteria are notified by the County
Clerk that their vehicles have passed the motor vehicle inspection
process and are exempt from their next regularly scheduled IM240 test.
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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.
\2\ See 40 CFR part 51, subpart S for a complete description of
EPA's two-speed idle test. The two-speed idle test essentially
measures the mass tailpipe emissions of a stationary vehicle; one
reading is at a normal idle of approximately 700 to 800 engine
revolutions per minute (RPM) and one reading at 2,500 RPM.
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The Clean Screen program component of Colorado's Reg. No. 11 was
originally approved, for implementation in the Metro-Denver area, with
the Denver carbon monoxide redesignation to attainment and maintenance
plan (see: 66 FR 64751, December 14, 2001). The Clean Screen criteria
that was approved in 2001 by the EPA required two valid passing remote
sensing readings on different days or from different sensors, that met
the applicable emissions reading requirements in Part F of Reg. No. 11,
within a 12-month period to clean-screen a vehicle (see 66 FR 44097,
August 22, 2001).
Colorado revised Reg. No. 11 to expand the definition and
requirements for a ``clean-screened vehicle'' to also include vehicles
identified as low emitting vehicles in the state-determined LEI which
have one passing remote sensing reading prior to the vehicle's
registration renewal date. As part of the LEI process, the Colorado
Department of Public Health and Environment, Air Pollution Control
Division (APCD) develops an LEI on or before July 1 of each year. The
LEI is based on a tabulation of the previous calendar year's IM240
inspection program results for specific make, model, and model year
vehicles that passed IM240 vehicle inspections the previous year at a
minimum rate of 98%.
Beginning in January 2015, Colorado also began implementing an OBD
test for certain model year vehicles. An OBD I/M test essentially means
the electronic retrieval, by connecting an OBD test analyzer to the
computer port data link in the vehicle, of information from a vehicle's
computer system. The electronic information retrieved includes stored
readiness status, diagnostic trouble codes (DTC), malfunction indicator
light (MIL) illumination and other data. If emission related DTCs are
present or the MIL is commanded on, that would indicate an emissions
related malfunction.\3\
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\3\ The EPA required that OBD II testing requirements be in
place by January 1, 2002 (66 FR 18156; April 5, 2001). All 1996 and
newer model year light duty gasoline and alternate fuel passenger
cars and trucks are required to have OBD II systems. OBD-II is an
improvement over OBD-I in both capability and standardization. The
OBD-II standard specifies the type of diagnostic connector and its
pinout, the electrical protocols available, and the messaging
format. The OBD-II standard provides a list of standardized DTCs.
OBD-II standardization was prompted to simplify diagnosis of
increasingly complicated emissions equipment.
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In addition, Colorado also extended the Reg. No. 11 exemption from
I/M testing for new vehicles from 4 years to 7 years. This revision was
based on Colorado's gathering of emissions testing information over a
period of several years, which demonstrated that historically new and
newer vehicles typically did not fail the IM240 or OBD emissions test
within the first seven years of the vehicle's life.
II. What action is the Agency taking?
As explained below, the EPA is proposing to approve various
revisions to Colorado's Reg. No. 11 that the State submitted to the EPA
on February 20, 2015, and on May 14, 2018. Most of the revisions
involve minor updates to several sections of Reg. No. 11 and the
deletion of obsolete language. More specifically, the substantive SIP
revisions involve:
a. Addition of a definition of ``Tampering'' to Part A.II.
b. Revisions to Part B.IV.B to require span gases to be labelled in
accordance with Attachment VI of Appendix A.
c. Revisions to Part A.II.16 and Part C.XII. (A.3 and C.2) to
increase clean screening efficiency by removing the requirement that
two qualifying clean screen observations must be made on different days
or at different locations.
d. Revisions to Part C.II.B.4 to remove incomplete and obsolescent
qualifying criteria for certain vehicles that are unable to be tested
on the IM240 chassis dynamometer.
e. Revisions to Part C.II.C to allow self-inspecting gasoline
vehicle fleets to utilize the more effective and more convenient OBD II
testing procedure on all 1996 model year and newer vehicles.
f. Revisions to Part C.II.C.3 regarding acceptable readiness
criteria for OBD sensors and monitors.
g. Revisions to Part C.II.C.9 and C.10 regarding I/M240 tests and
tampering associated with OBD tests.
h. Revisions to Part C.VIII and IX to clarify and modernize
provisions for issuance of emissions repair, diagnostic and economic
hardship waivers.
i. Revisions to Part D.I.B. 5, 6, and 7 to remove obsolete language
regarding dwell meters, timing lights, and idle adjustment.
j. Revisions to Part F.VI.B, the roadside remote sensing clean
screen LEI, to allow for greater utilization of this component of the
I/M program.
k. Revisions to Part F.VII with regard to OBD testing criteria.
l. Revisions to Appendix A, Attachment IV, Section 2.2, and the
deletion of Appendix B in its entirety such as to remove obsolete
specifications and procedures for vehicle inspection analyzer
calibration gasses.
m. Corrections of typographical, grammatical, and formatting errors
throughout Reg. No. 11.
We note that the specific basis for our proposed action and our
analyses and findings are discussed in this proposed rulemaking.
Technical information that we relied upon in this proposal is contained
in the docket, available at http://www.regulations.gov, Docket No. EPA-
R08-OAR-2018-0530.
III. What was the State's process?
Section 110(a)(2) of the CAA requires that a state provide
reasonable notice and public hearing before adopting a SIP revision and
submitting it to us.
The State's February 20, 2015 SIP Submittal
On October 16, 2014, the Colorado Air Quality Control Commission
(AQCC) conducted a public hearing to consider the adoption of revisions
and additions to the Colorado SIP. The revisions affecting the SIP
involved the Reg. No. 11 revisions noted above and as discussed below
in section IV. There were no public comments. After conducting a public
hearing, the AQCC adopted the proposed revisions to Reg. No 11 on
October 16, 2014. The SIP revisions became State effective on November
30, 2014.
We evaluated the State's February 20, 2015 SIP submittal for Reg.
No. 11 and determined that the State met the requirements for
reasonable notice and public hearing under section 110(a)(2)
[[Page 41037]]
of the CAA. By operation of law under section 110(k)(1)(B) of the CAA,
the State's February 20, 2015 submittal was deemed complete on August
20, 2015.
The State's May 14, 2018 SIP Submittal
On May 17, 2017, the AQCC conducted a public hearing to consider
the adoption of revisions and additions to the Colorado SIP. The
revisions affecting the SIP involved the Reg. No. 11 revisions noted
above and as discussed below in section V. There were no public
comments. After conducting a public hearing, the AQCC adopted the
proposed revisions to Reg. No. 11 on May 17, 2017. The SIP revisions
became State effective on September 30, 2017.
We evaluated the State's May 14, 2018 SIP submittal for Reg. No. 11
and determined that the State met the requirements for reasonable
notice and public hearing under section 110(a)(2) of the CAA. In
addition, our evaluation of the SIP revisions submittal also concluded
that it met the minimum ``completeness'' criteria found in 40 CFR part
51, Appendix V.
IV. EPA's Evaluation of the State's 2015 Revisions to Part A, Part B,
Part C, Part F, Appendix A and Appendix B
The sections of Reg. No. 11 that were revised with the State's
February 20, 2015 submittal were as follows:
1. Part A, section II: Add a new definition number 50,
``Tampering.'' Renumber definitions number 51 and higher. The new
definition is consistent with the prohibitions in CAA section
203(a)(3)(A).
2. Part B, section IV: Modify section IV.B to require span gases to
be labelled in accordance with Attachment VI of Appendix A and to
require span and calibration gas suppliers to be approved by the
Colorado Automobile Inspection and Readjustment (AIR) Program Standards
Lab.
3. Part C, section II: Modify section II.B.4 to replace specific
criteria for eligibility for an alternative test to the IM240 test with
an eligibility list that is maintained in the Colorado APCD Emission
Technical Center Procedures Manual.
4. Part C, section II: Modify section II.C to indicate that
effective July 1, 2015, 1996 and newer light duty vehicles that are
owned by a fleet that operates a Fleet Inspection Station shall
administer an OBD test as specified in 40 CFR 85.2222.
5. Part C, section VIII: Modify sections VIII.B.1 to require, as
part of eligibility for an emissions test waiver, there are no visible
smoke emissions from the vehicle's exhaust, there has been no
tampering, and VIII.B.3 (renumbered to VIII.B.2) to clarify
requirements for expenditures needed to qualify for an emissions test
waiver. Remove prior sections VIII.B.2, VIII.B.4, and VIII.B.5. We note
that section VIII.B.2 involved certain aspects of the basic I/M program
that are obsolete and sections VIII.B.4 and VIII.B.5 contained
emissions reduction and operating parameter requirements that are not
required under 40 CFR 51.360 for waivers.
6. Part C, section VIII: Modify section VIII.C to require a vehicle
to be evaluated via an IM240 test if the OBD MIL remains illuminated
even after the maximum expenditure for repairs has been met.
7. Part C, section VIII: Modify section VIII.D.1 to add failure for
an OBD test.
8. Part C, section VIII: Modify section VIII.F to remove
unnecessary language regarding the generation of an emissions sticker
and removal of the prior emissions sticker by an emissions inspector.
9. Part C, section IX: Remove this section in its entirety to
delete obsolete language regarding engine and emissions equipment
adjustment procedures. These procedures are no longer performed by
inspectors; instead, if a vehicle does not pass the owner must have the
necessary repairs done before the vehicle is retested.
10. Part C, section X: Modify section X.A and X.B to include
provisions for emissions related repairs that are necessary to
extinguish the OBD MIL light.
11. Part C, section X: Modify section X.C to state the specific
requirements to meet the emissions maximum expenditure for repairs cost
limit, with respect to an OBD test, in order for a vehicle to be
eligible to apply for a waiver.
12. Part F, section VI: The State modified section VI.B.3 to remove
a 98% passing criteria for Clean Screen vehicles and instead indicate
the passing criteria would be based on sound scientific evidence. The
EPA is not acting on this revision in the State's February 20, 2015 SIP
submittal, as it has been superseded by the 2018 revisions.
13. Part F, section VI: The State added section VI.B.4 to include
that the State would establish the low emitting vehicle index, without
review by the EPA or the public, and would retain the low emitting
vehicle index in the State's Emission Technical Center Procedures
Manual. The EPA is not acting on this revision in the State's February
20, 2015 SIP submittal, as it has been superseded by the May 14, 2018
submitted revisions.
14. Appendix A, Technical Specifications: Modify section 2.11 to
remove a reference to gas blender specifications in the obsolete
Appendix B and change to indicate as approved by the Colorado APCD.
15. Appendix A, Technical Specifications, Attachment IV: Modify
section IV.2.2 to indicate that the Colorado97 procedure shall use two
tri-blend span gas blends that meet the California BAR97 span gas low
(blend 31) and high (blend 34) specifications.
16. Appendix A, Technical Specifications, Attachment IV: Modify
section IV.2.3 to indicate that audit gases shall meet the California
BAR97 audit gas specification.
17. Appendix A, Technical Specifications, Attachment VI: Modify
section VI to revise the label figure to indicate that it represents
the Colorado-approved calibration span gas.
18. Appendix B, Standards and Specifications for Calibration/Span
Gas Suppliers: Appendix B was removed by the State in its entirety as
it contained obsolete specifications and procedures for inspection
analyzer calibration gases.
V. EPA's Evaluation of the State's 2018 Revisions to Part C, Part D,
Part F and Appendix A
The sections of Reg. No. 11 that were revised with the State's May
14, 2018 submittal were as follows:
1. Part C, section II: Modify section II.C.3.a to replace the
existing monitor readiness evaluation with a monitor readiness
evaluation that ensures that the oxygen sensor and/or heated oxygen
sensor monitor(s) shall be ready if supported, the catalyst monitor
shall be ready if supported, 2001 and newer vehicles shall only be
allowed to have one supported monitor in a not ready status, and 2000
and older vehicles shall only be allowed to have two supported monitors
in a not ready status. In addition, if the above criteria are not met
and the vehicle's MIL light is commanded off, then the vehicle will be
required to be evaluated via an IM240 test.
2. Part C, section II: Modify section II.C.9 to indicate that for
the 5 percent vehicles that are selected at random from the OBD test
for a subsequent IM240 test, the IM240 test shall be the pass/fail
determination for these vehicles.
3. Part C, section II: New section II.C.10 that states if the
vehicle's OBD responds that the catalyst readiness monitor is not
supported and that all readiness monitors are supported, or if any
other OBD tampering indicators are present, then the OBD test will be
failed.
[[Page 41038]]
4. Part D, section I: Modify sections I.B to remove sections I.B.5,
I.B.6 and I.B.7 to delete obsolete terms and renumber the remaining
sections in I.B.
5. Part D, section I: Modify renumbered section I.B.10 to indicate
that renumbered sections I.B.5 and I.B.6 are not required for licensing
as an inspection-only station or inspection-only facility.
6. Part D, section I: Remove prior numbered section I.B.15 as it
contains obsolete language.
7. Part F, section VI: Modify section VI.B.1 to remove the
restricting term ``IM240'' which then allows all types of test results
to be evaluated.
8. Part F, section VI: Modify section VI.B.2 to remove the
unnecessary term ``exhaust.''
9. Part F, section VI: Modify section VI.B.3 to remove the minimum
98% passing rate criteria for the LEI and instead require that the
passing rate criteria ensures equivalent air quality benefits as a
second remote sensing test.
10. Part F, section VI: Modify section VI.B.4 to remove prior
language and to add that the passing rate criteria for the LEI, as
established by the APCD, will be maintained and contained in the APCD's
Emissions Technical Center Procedures Manual, and will be submitted to
the EPA on or before July 1 of each year.
11. Part F, section VII: Modify section VII to remove the obsolete
sections VII.E and VII.F.
12. Appendix A, Technical Specifications, Attachment V: Modify
Attachment V ``Specifications for Colorado On-Board Diagnostic (OBD)
Stand-Alone Analyzer'' to remove the obsolete language regarding
readiness criteria for a vehicle's oxygen sensor, catalyst sensor and
the allowable number of not-ready sensors for 2001 and newer vehicles
and 2000 and older vehicles. The revised language now contains overall
requirements for OBD readiness such that if the readiness evaluation
indicates that a vehicle has more than one unset (not ready) readiness
monitor, and the MIL is commanded off, then the inspection is
automatically aborted with the reason printed out on the Vehicle
Inspection Report.
VI. Conclusion
Our review of the State's Reg. No. 11 revisions, as presented above
in sections IV and V, involved numerous revisions to Reg. No. 11 Parts
A, B, C, D, F, Appendix A, the deletion of Appendix B, and overall
formatting, correction of typographic errors and other non-substantive
changes. Based on our review and evaluation discussed above, we propose
that the Reg. No. 11 SIP revisions, submitted by the State in letters
dated February 20, 2015, and May 14, 2018, sufficiently address
applicable provisions in 40 CFR part 51, subpart S, 40 CFR part 85,
subpart W, and that our approval is warranted.
VII. Consideration of Section 110(1) of the Clean Air Act
Section 110(1) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a National Ambient Air Quality Standard or any
other applicable requirement of the CAA. In view of the evaluations
presented in sections IV and V above, the EPA proposes that the
revisions to Colorado's Reg. No. 11 that are contained in the State's
SIP submittals dated February 20, 2015, and May 14, 2018 will not
interfere with attainment, reasonable further progress, or any other
applicable requirement of the CAA.
VIII. Proposed Action
The EPA is proposing approval of the February 20, 2015, submitted
SIP revisions to Colorado's Regulation Number 11, Part A, Part B, Part
C, Part F, Appendix A and the deletion of Appendix B. The EPA notes
that revisions to Part F, sections VI.B.3 and VI.B.4 were also provided
with the State's February 20, 2015 submittal. The EPA is not proposing
action on these sections of Part F for the reasons noted above in
section IV of this action.
In addition, the EPA is proposing approval of the May 14, 2018,
submitted SIP revisions to Regulation Number 11, Part C, Part D, Part F
and Appendix A.
IX. Incorporation by Reference
In this rule, 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, the EPA is proposing to incorporate by
reference the amendments described in sections IV and V, above. The EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 8 Office
(please contact the person identified in the For Further Information
Contact section of this preamble for more information).
X. 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
action merely proposes to approve 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 under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted 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 in
Executive Order 13132 (64 FR 43255, August 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, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the proposed 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).
[[Page 41039]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, and Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 13, 2018.
Douglas Benevento,
Regional Administrator, EPA Region 8.
[FR Doc. 2018-17805 Filed 8-16-18; 8:45 am]
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