Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Motor Vehicle Inspection and Maintenance Program and Associated Revisions

Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Motor Vehicle Inspection and Maintenance Program and Associated Revisions

Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Motor Vehicle Inspection and Maintenance Program and Associated Revisions

Douglas Benevento
Environmental Protection Agency
7 February 2019

[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Rules and Regulations]
[Pages 2449-2453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00713]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0530; FRL-9987-96-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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: This final rule is effective on March 11, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2018-0530. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available (e.g.,
Confidential Business Information) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material,

[[Page 2450]]

is not placed on the internet and will be publicly available only in
hard copy form. Publicly available docket materials are available
through www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6479,
russ.tim@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

In a rulemaking published on August 17, 2018 (83 FR 41035), the EPA
proposed approval of various revisions to Colorado's Regulation Number
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 Regulation Number 11 and the deletion of obsolete language.
The August 17, 2018 notice gives a detailed description of each
revision.
In this rulemaking the EPA is taking final action to approve the
proposed revisions, which are listed in section III below. The reasons
for our approval are provided in the proposed rule.

II. Response to Public Comments

The EPA received one anonymous comment on the proposed SIP
amendments to Colorado's Regulation Number 11. After reviewing the
comment, the EPA has determined that the comment is outside the scope
of our proposed action. We note the EPA is not removing or relaxing any
emissions standards in this action. The comment that we received on
this action is available for review in the docket for this rulemaking.
This rule will be finalized as proposed without revisions.

III. Final Action

For the reasons expressed in the proposed rule, the EPA is
approving the two SIP submittals to Regulation Number 11 as submitted
by the State of Colorado on February 20, 2015, and on May 14, 2018.
These revisions were discussed in our August 17, 2018 proposed rule and
are as follows:
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 OBDII
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 regarding OBD testing criteria.
l. Revisions to Appendix A, Technical Specifications; Introduction,
Section 2.11; Attachment IV, Section 2.0; Attachment V; Attachment VI,
and the deletion of Appendix B in its entirety to remove obsolete
specifications and procedures for vehicle inspection analyzer
calibration gasses.
m. Corrections of typographical, grammatical, and formatting errors
throughout Regulation Number 11.

IV. 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
Colorado's Regulation Number 11 described in the amendments set forth
to 40 CFR part 52, below. 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). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Orders Review

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) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, Feb. 2, 2017)
regulatory action because actions such as approving SIPs 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, 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

[[Page 2451]]

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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 8, 2019. 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, Volatile organic compounds.

Dated: December 20, 2018.
Douglas Benevento,
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 entry for ``II. Definitions.'' under the centered
heading ``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'';
0
b. Revising the entry for ``IV. Span Gases For Use With Colo `94 Test
Analyzer Systems.'' under the centered heading ``5 CCR 1001-13,
Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part
B, Standards and Procedures for the Approval, Operation, Gas Span
Adjustment, Calibration and Certification of the Division Approved Test
Analyzer Systems for Use in the Basic and Enhanced Areas and Test
Analyzer Systems for Licensed Dealers in the Enhanced Area'';
0
c. Revising the entries for ``II. Exhaust Emissions Inspection
Procedures'' and ``VIII. Certification of Emissions Control'', by
removing and reserving the entry for ``IX. Adjustment Procedures'' and
by revising the entries for ``X. Emissions Related Repairs'' and ``XII.
Clean Screen Inspection Program Procedures'' under the centered heading
``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'';
0
d. Revising the entry for ``I. Licensing of Emissions Inspection and
Readjustment Stations, Inspection-Only Stations, Inspection-Only
Facilities, Enhanced Inspection Centers, Fleet Inspection Stations and
Motor Vehicle Dealer Test Facilities'' under the centered heading ``5
CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection
Program--Part D, Qualification and Licensing of Emissions Mechanics,
Emissions Inspectors and Clean Screen Inspectors; Licensing of
Emissions Inspection and Readjustment Stations, Inspection-Only
Stations, Inspection-Only Facilities, Fleets, Motor Vehicle Dealer Test
Facilities and Enhanced Inspection Centers; Qualification of Clean
Screen Inspection Sites; and Registration of Emissions Related Repair
Facilities and Technicians'';
0
e. Revising the entries for ``VI. Clean Screen Program Maximum
Allowable Emissions Limits'' and ``VII. On-Board Diagnostic Inspection
Passing Criteria'' under the centered heading ``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'';
0
f. Revising the entry for ``Appendix A, Technical Specifications''
under the centered heading ``5 CCR 1001-13, Regulation Number 11,
Appendices''; and
0
g. Removing the entry for ``Appendix B, Standards and Specifications
for the Suppliers of Span and Calibration Gases'' under the centered
heading ``5 CCR 1001-13, Regulation Number 11, Appendices.''
The revisions read as follows:

Sec. 52.320 Identification of plan.

* * * * *
(c) * * *

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State EPA effective Final Rule citation/
Title effective date date 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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* * * * * * *
II. Definitions.................... 11/30/2014 3/11/2019 [Insert Federal ...................
Register citation]. 2/
7/2019.

* * * * * * *
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5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part B, Standards and
Procedures for the Approval, Operation, Gas Span Adjustment, Calibration and Certification of the Division
Approved Test Analyzer Systems for Use in the Basic and Enhanced Areas and Test Analyzer Systems for Licensed
Dealers in the Enhanced Area
----------------------------------------------------------------------------------------------------------------

* * * * * * *
IV. Span Gases For Use With 11/30/2014 3/11/2019 [Insert Federal ...................
Colorado 94 and Colorado 97 Test Register citation]. 2/
Analyzer Systems. 7/2019.

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

* * * * * * *
II. Exhaust Emissions Inspection 11/30/2014, 9/ 3/11/2019 [Insert Federal .
Procedures. 30/2017 Register citation]. 2/
7/2019.

* * * * * * *
VIII. Certification of Emissions 11/30/2014 3/11/2019 [Insert Federal ...................
Control. Register citation]. 2/
7/2019.

* * * * * * *
X. Emissions Related Repairs....... 11/30/2014 3/11/2019 [Insert Federal ...................
Register citation]. 2/
7/2019.

* * * * * * *
XII. Clean Screen Inspection 11/30/2014 3/11/2019 [Insert Federal ...................
Program Procedures. Register citation]. 2/
7/2019.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part D, Qualification and
Licensing of Emissions Mechanics, Emissions Inspectors and Clean Screen Inspectors; Licensing of Emissions
Inspection and Readjustment Stations, Inspection-Only Stations, Inspection-Only Facilities, Fleets, Motor
Vehicle Dealer Test Facilities and Enhanced Inspection Centers; Qualification of Clean Screen Inspection Sites;
and Registration of Emissions Related Repair Facilities and Technicians
----------------------------------------------------------------------------------------------------------------
I. Licensing of Emissions 9/30/2017 3/11/2019 [Insert Federal ...................
Inspection and Readjustment Register citation]. 2/
Stations, Inspection-Only 7/2019.
Stations, Inspection-Only
Facilities, Enhanced Inspection
Centers, Fleet Inspection Stations
and Motor Vehicle Dealer Test
Facilities.

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

* * * * * * *
VI. Clean Screen Program Maximum 9/30/2017 3/11/2019 [Insert Federal ...................
Allowable Emissions Limits. Register citation]. 2/
7/2019.
VII. On-Board Diagnostic Inspection 9/30/2017 3/11/2019 [Insert Federal ...................
Passing Criteria. Register citation]. 2/
7/2019.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Appendices
----------------------------------------------------------------------------------------------------------------
Appendix A, Technical 11/30/2014, 9/ 3/11/2019 [Insert Federal ...................
Specifications. 30/2017 Register citation]. 2/
7/2019.

* * * * * * *
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[FR Doc. 2019-00713 Filed 2-6-19; 8:45 am]
BILLING CODE 6560-50-P