Conditional Approval and Promulgation of Air Quality Implementation Plans; Colorado; Enhanced Motor Vehicle Inspection and Maintenance Program |
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Jack W. McGraw
Environmental Protection Agency
14 July 1994
[Federal Register Volume 59, Number 134 (Thursday, July 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17005]
[[Page Unknown]]
[Federal Register: July 14, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CO37-1-6290; FRL-5012-5]
Conditional Approval and Promulgation of Air Quality
Implementation Plans; Colorado; Enhanced Motor Vehicle Inspection and
Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to conditionally approve a vehicle inspection
and maintenance State Implementation Plan (SIP) revision based on the
Governor's June 24, 1994 commitment to adopt final regulations for
dealership self-testing within one year of the conditional approval. If
this commitment is not met, the conditional approval will automatically
convert to a disapproval. This revision establishes and requires the
implementation of an enhanced motor vehicle inspection and maintenance
(I/M) program in the Denver and Boulder urbanized areas, including all
or part of the Colorado counties of Adams, Arapahoe, Boulder, Denver
County, Douglas, Jefferson. This action is being taken under Section
110 of the Clean Air Act.
DATES: Comments must be received on or before August 15, 1994.
ADDRESSES: Comments may be mailed to Mr. Douglas M. Skie at U.S. EPA
Region 8, (8ART-AP), 999 18th Street, Suite 500, Denver, Colorado
80202-2466. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
above address. Interested persons wanting to examine these documents
should make an appointment with the appropriate office at least 24
hours before the visiting day.
FOR FURTHER INFORMATION CONTACT:Mr. Scott P. Lee, at (303) 293-1887.
SUPPLEMENTARY INFORMATION:
I. Introduction
Motor vehicles are significant contributors of volatile organic
compounds (VOC), carbon monoxide (CO) and nitrogen oxide (NOX)
emissions. An important control measure to reduce these emissions is
the implementation of a motor vehicle inspection and maintenance (I/M)
program. Despite being subject to the most rigorous vehicle pollution
control program in the world, cars and trucks still create about half
of the ozone air pollution and nearly all of the carbon monoxide air
pollution in United States cities, as well as toxic contaminants. Of
all highway vehicles, passenger cars and light trucks emit most of the
vehicle-related carbon monoxide and ozone-forming hydrocarbons. They
also emit substantial amounts of nitrogen oxides and air toxics.
Although the U.S. has made progress in reducing emissions of these
pollutants, total fleet emissions remain high. This is because the
number of vehicle miles travelled on U.S. roads has doubled in the last
20 years to 2 trillion miles per year, offsetting much of the
technological progress in vehicle emission control over the same two
decades. Projections indicate that the steady growth in vehicle travel
will continue. Ongoing efforts to reduce emissions from individual
vehicles will be necessary to achieve our air quality goals.
Today's cars are dependent on properly functioning emission control
systems, to keep pollution levels low. Effective I/M programs can
identify problem cars and ensure that cars are properly maintained. I/M
produces emission reduction results soon after the program is put in
place.
The Clean Air Act as amended in 1990 (the Act) requires that most
polluted cities adopt either ``basic'' or ``enhanced'' I/M programs,
depending on the severity of the problem and the population of the
area. The moderate ozone nonattainment areas, plus marginal ozone areas
with existing I/M programs, fall under the ``basic'' I/M requirements.
Enhanced programs are required in serious, severe, and extreme ozone
nonattainment areas with urbanized populations of 200,000 or more; CO
areas that exceed a 12.7 parts per million (ppm) design value\1\ with
urbanized populations of 200,000 or more; and all metropolitan
statistical areas with a population of 100,000 or more in the Northeast
Ozone Transport Region.
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\1\The air quality design value is estimated using EPA guidance.
Generally, the fourth highest monitored value with 3 complete years
of data is selected as the ozone design value because the standard
allows one exceedance for each year. The highest of the second high
monitored values with 2 complete years of data is selected as the
carbon monoxide design value.
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``Basic'' and ``enhanced'' I/M programs both achieve their
objective by identifying vehicles that have high emissions as a result
of one or more malfunctions, and requiring them to be repaired. An
``enhanced'' program employs inspection methods which are better at
finding high emitting vehicles, and has additional features to better
assure that all vehicles are tested properly and effectively repaired.
The Act requires states to make changes to improve existing I/M
programs or to implement new ones for certain nonattainment areas.
Section 182(a)(2)(B) of the Act directed EPA to publish updated
guidance for state I/M programs, taking into consideration findings of
the Administrator's audits and investigations of these programs. The
Act further requires each area required to have an I/M program to
incorporate this guidance into the SIP. Based on these requirements,
EPA promulgated I/M regulations on November 5, 1992 (57 FR 52950,
codified at 40 Code of Federal Regulations (CFR) 51.350-51.373).
Under sections 182(c)(3), 187(a)(6) and 187(b)(1) of the Act, any
area having a 1980 Bureau of Census-defined urbanized area population
of 200,000 or more and either: (1) designated as serious or worse ozone
nonattainment or (2) moderate or serious CO nonattainment area with
design value greater than 12.7 ppm, shall implement enhanced I/M in the
1990 Census-defined urbanized area. The Act also established the ozone
transport region (OTR) in the northeastern United States, which
includes the States of Maine, Vermont, New Hampshire, Massachusetts,
Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware
and Maryland and Northern Virginia and the District of Columbia.
Sections 182(c)(3) and 184(b)(1)(A) of the Act require the
implementation of enhanced I/M programs in all metropolitan statistical
areas (MSAs) located in the Ozone Transport Region which have a
population of 100,000 or more people.
The Act requires basic I/M programs to be implemented in the 1990
Census-defined urbanized area of the following nonattainment areas: (1)
any area which is classified as moderate ozone nonattainment and is not
required to implement enhanced I/M or (2) any area outside the OTR that
is classified as serious or worse ozone nonattainment or moderate or
serious CO nonattainment with a design value greater than 12.7 ppm and
having a 1990 Census-defined urbanized area population of less than
200,000. Any areas classified as marginal ozone nonattainment or
moderate CO nonattainment with a design value of 12.7 ppm or less shall
continue operating existing programs that are part of an approved SIP
as of November 15, 1990 and shall update the program to meet the basic
I/M requirements set forth in 40 CFR Parts 51.350-373.
The I/M regulation establishes minimum performance standards for
basic and enhanced I/M programs, as well as requirements for the
following: Network type and program evaluation; adequate tools and
resources; test frequency and convenience; vehicle coverage; test
procedures and standards; test equipment; quality control; waivers and
compliance via diagnostic inspection; motorist compliance enforcement;
motorist compliance enforcement program oversight; quality assurance;
enforcement against contractors, stations and inspectors; data
collection; data analysis and reporting; inspector training and
licensing or certification; public information and consumer protection;
improving repair effectiveness; compliance with recall notices; on-road
testing; SIP revisions; and implementation deadlines. The performance
standard for basic I/M programs remains the same as it has been since
initial I/M policy was established in 1978, pursuant to the 1977
amendments to the Clean Air Act. The performance standard for enhanced
I/M programs is based on a high-technology test, known as IM240, for
new technology vehicles (i.e., those with closed-loop control and,
especially, fuel injected engines), including a transient loaded
exhaust short test incorporating hydrocarbons (HC), CO and NOX
cutpoints, an evaporative system integrity (pressure) test and an
evaporative system performance (purge) test.
II. Background
On January 14, 1994, and on June 24, 1994, the State of Colorado
submitted its enhanced I/M SIP revision for the Denver and the Boulder
urbanized areas. Public hearings were held on November 12, 1993, and
December 16, 1993, for the January 14, 1994 SIP submittal, and are to
be held on September 15, 1994, for the June 24, 1994, SIP submittal, as
detailed in the Governor's June 24, 1994 letter.
The January 14, 1994, submittal included authorizing legislation
(HB1340 adopted by the House and Senate and signed by the Governor);
Colorado Air Quality Control Commission (AQCC) Regulation Number 11;
Motor Vehicle Emissions Inspection Program, adopted and effective as an
emergency rule December 16, 1993, and the SIP narrative with appendices
entitled, ``State of Colorado Motor Vehicle Emissions Inspection and
Maintenance State Implementation Plan'', adopted by the AQCC on
November 12, 1993, and again on December 16, 1993, with no substantive
changes. EPA reviewed the January 14, 1994, submittal and identified
aspects which the State would need to address prior to EPA approval.
EPA's primary concerns concentrated on: the need for the State to
submit a final binding regulation to replace the since-lapsed, December
16, 1993, emergency rule; limiting dealers self-testing to non-
consecutive test-cycles; and modeling reflecting the compliance
commitments in the SIP narrative.
Governor Romer's June 24, 1994, submittal included a binding
regulation adopted by the State on March 17, 1994, changes to the SIP
narrative addressing EPA's comments, and proposed revisions to
Regulation Number 11 limiting dealer self-testing, as adopted for
public hearing on June 16, 1994. The Governor's submittal includes the
State's anticipated schedule for the adoption of the proposed revisions
to Regulation Number 11. EPA has interpreted the submittal of this
anticipated schedule to represent a commitment by the State to adopt a
regulation addressing dealer self-testing within one year of
conditional approval of Colorado's I/M SIP.
The I/M SIP submittals provide for the implementation of an
enhanced I/M program in the Denver-Boulder carbon monoxide
nonattainment area beginning on January 1, 1995 in Adams, Arapahoe,
Denver, Douglas, and Jefferson Counties. Boulder County will implement
an enhanced I/M program beginning July 1, 1995. In these areas,
Colorado will be implementing a test-only network which requires pre-
1982 vehicles to be tested annually, and post-1981 vehicles to be
tested on a biennial schedule. Colorado's program meets the
requirements of EPA's performance standard and other requirements
contained in the Federal I/M rule in the applicable urbanized areas.
Testing will be overseen by Colorado Departments of Health and Revenue.
Other aspects of the Colorado enhanced I/M program include: IM240
testing of 1982 and later light-duty vehicles and trucks and 2-speed
idle/idle testing of pre-1982 vehicles and all heavy duty trucks;
evaporative emission testing for 1975 and later model year vehicles; a
test fee to ensure the State has adequate resources to implement the
program; enforcement by registration denial and vehicle inspection
stickers; a repair effectiveness program; contractual requirements for
testing convenience; quality assurance; data collection; waiver
provisions; reporting and record keeping requirements; test equipment
and test procedure specifications; public information and consumer
protection; inspector training and certification; penalties for
inspector incompetence; and on-road testing program; and emission
recall enforcement. An analysis of how the Colorado enhanced I/M
program meets the Federal SIP requirements by section of the Federal I/
M rule is provided below. Parties desiring additional details on the
Federal I/M regulation are referred to the November 5, 1992 Federal
Register notice (57 FR 52950) or 40 CFR Parts 51.350-51.373.
III. This Action
Section 110(k) of the Act sets out provisions governing EPA's
review of SIP submittals (see 57 FR 13565-13566). Section 110(k)(4) of
the Act authorizes EPA to approve plan revisions based on a commitment
of the State to adopt specific enforceable measures by a date certain,
but not later than one year after the date of conditional approval of
the plan revision. Section 110(k)(4) further provides that any such
conditional approval shall be treated as a disapproval if the State
fails to comply with the commitment.
EPA proposes conditional approval of Colorado's enhanced I/M SIP
based on the Governor's June 24, 1994 commitment to adopt final
regulations limiting dealership self-testing to one inspection cycle
within one year of the date of conditional approval. If this commitment
is not met, the conditional approval will automatically convert to a
disapproval.
IV. EPA's Analysis of the Colorado Enhanced I/M Program
As discussed above, sections 182(c)(3), 184(b)(1)(A), 187(a)(6) and
187(b)(1) of the Act require that states adopt and implement
regulations for an enhanced I/M program in certain areas. The following
sections of this notice summarize the requirements of the Federal I/M
regulations and address whether the elements of the State's submittal
comply with the Federal rule.
Applicability--40 CFR 51.350
Under the requirements of the Clean Air Act, an enhanced I/M
program is required in the Denver urbanized area, which includes the
following five counties: Adams, Arapahoe, Denver, Douglas and
Jefferson. The State has included the implementation of an enhanced I/M
program in Boulder County to ensure that high emitting vehicles
commuting from Boulder County to the Denver metropolitan area are
identified and repaired. Boulder County is part of the Denver-Boulder
carbon monoxide nonattainment area, but is not required to implement
enhanced I/M because it contains no urbanized area with a population
greater than 200,000.
The State's submittal contains the legal authority and regulations
establishing the program boundaries for enhanced I/M. The included
population is adequate to meet the urbanized area coverage requirement
under section 51.350 of the I/M rule and is approvable.
The Federal I/M regulation requires that the State program must
stay effective until it is no longer necessary. The attainment date for
the Denver-Boulder carbon monoxide nonattainment area is December 31,
1995. However, the AQCC adopted a CO SIP on June 16, 1994, to be
submitted to EPA, that includes a request to reclassify the Denver-
Boulder CO nonattainment area to serious, extending its attainment date
to December 31, 2000. In either case, Colorado's legislation provides
authority for the I/M program through December 31, 2001, which extends
beyond the ``moderate'' or ``serious'' CO attainment deadlines set by
the Act. EPA believes this legal authority is approvable.
Enhanced I/M Performance Standard--40 CFR 51.351
The enhanced I/M program must be designed and implemented to meet
or exceed a minimum performance standard, which is expressed as
emission levels in area-wide average grams per mile (gpm) for certain
pollutants. The performance standard shall be established using local
characteristics, such as vehicle mix and local fuel parameters, and the
following model enhanced I/M program parameters: network type, start
date, test frequency, model year coverage, vehicle type coverage,
exhaust emission test type, emission standards, emission control device
checks, evaporative system function checks, stringency, waiver rate,
compliance rate and evaluation date. The emission levels achieved by
the State's program design shall be calculated using the most current
version, at the time of submittal, of the EPA mobile source emission
factor model. At the time of the Colorado submittal, the most current
version was MOBILE5a. Areas shall meet the performance standard for the
pollutants which cause them to be subject to enhanced I/M requirements.
The Colorado submittal must meet the performance standard for CO only.
The Colorado submittal includes the following program design
parameters:
Network type--Test-only
Test frequency--1982 and newer vehicles; biennial; 1981 and older
vehicles: annual
Model year coverage--all excluding newest four model years
Vehicle type coverage--all light-duty and heavy-duty gasoline
powered vehicles
Exhaust emission test type--1982 and newer light-duty vehicles:
IM240; 1981 and older light-duty vehicles: 2-speed idle all heavy-
duty vehicles: idle-test
Emission standards--20 grams per mile CO
Emission control device checks--oxygen sensor, air pump, catalyst,
inlet restrictor
Evaporative system pressure check--1975 and newer
Evaporative system purge check--1982 and newer
Stringency (pre-1981 failure rate)--20%
Waiver rate (pre-1981/1981 and newer)--3% & 3%
Compliance rate--96.4%
Evaluation date(s)--January 1, 2001
The Colorado program design meets the enhanced I/M performance
standard. The modeling analysis reflects no benefit from dealer and
fleet self-testing and the four model year exemption. If more emissions
are lost from the dealer self-testing provisions than expected, other
aspects of the program will need to be strengthened to ensure that the
enhanced performance standard target is still being met.
Network Type and Program Evaluation--40 CFR 51.353
Enhanced I/M programs shall be operated in a centralized test-only
format, unless the State can demonstrate that a decentralized program
is equally effective in achieving the enhanced I/M performance
standard. The enhanced program shall include an ongoing evaluation to
quantify the emission reduction benefits of the program and to
determine if the program is meeting the requirements of the Act and the
Federal I/M regulation. The SIP shall include details on the program
evaluation and shall include a schedule for submittal of biennial
evaluation reports, data from a state-monitored or state-administered
mass emission test of at least 0.1% of the vehicles subject to
inspection each year, description of the sampling methodology, the data
collection and analysis system and the legal authority enabling the
evaluation program.
The State legislative authority and the State I/M regulations
provide for a test-only network. Colorado's enhanced I/M network
consists of centralized contractor-run test-only facilities for 1982
and newer vehicles, and a decentralized test-only network of
independently owned facilities serving 1981 and older vehicles.
Legislation prohibits owners, operators, and employees of inspection
facilities from engaging in motor vehicle repair, service, parts sales,
or sale or lease of motor vehicles and from referring vehicle owners to
particular providers of motor vehicle repair services. This
decentralized test-only network design is acceptable under the
``presumptive equivalency'' provisions of the I/M rule, and meets EPA's
performance standard. The submittal includes provisions for and a
commitment to an ongoing program evaluation which will include the
random selection of at least 0.1% of vehicles for IM240 testing
throughout the year under carefully controlled conditions, overseen by
the State, as well as a commitment to submit the analysis and reports
required by the EPA rule.
Adequate Tools and Resources--40 CFR 51.354
The Federal regulation requires that states demonstrate that
adequate funding of the program exists. A portion of the test fee or
separately assessed per vehicle fee shall be collected, placed in a
dedicated fund and used to finance the program. Alternative funding
approaches are acceptable if demonstrated that the funding can be
maintained. Reliance on funding from the state or local general fund is
not acceptable unless doing otherwise would be a violation of the
state's constitution. The SIP shall include a detailed budget plan
which describes the source of funds for personnel, program
administration, program enforcement, and purchase of equipment. The SIP
shall also detail the number of personnel dedicated to the quality
assurance program, data analysis, program administration, enforcement,
public education and assistance and other necessary functions.
The Colorado enhanced I/M program will be funded by fees assessed
at the time of vehicle registration: a $1.50 fee per vehicle in the
program area, which is dedicated funding for the enhanced I/M program;
and an additional 50 cent fee per vehicle statewide, which may be used
for the enhanced I/M program. Additional funding for the enhanced I/M
program is generated from a 25 cent charge per emissions sticker
supplied to inspection stations. Many of the resource requirements
including remote sensing, quality assurance equipment, and technical
and consumer assistance are to be supplied by the State's enhanced I/M
contractor. The program includes 36 full-time equivalent (FTE) staff
and 4 additional contractor staff for consumer and technician
assistance. Covert audit vehicles are to be provided by the State
Patrol. EPA believes that the State submittal meets the adequate tools
and resources requirements set forth in the Federal I/M regulations.
Test Frequency and Convenience--40 CFR 51.355
The enhanced I/M performance standard assumes an annual test
frequency; however, other schedules may be approved if the performance
standard is achieved. The SIP shall describe the test year selection
scheme, how the test frequency is integrated into the enforcement
process and shall include the legal authority, regulations or contract
provisions to implement and enforce the test frequency. The program
shall be designed to provide convenient service to the motorist by
ensuring short wait times, short driving distances and regular testing
hours.
The Colorado enhanced I/M regulation provides for a combination of
annual and biennial testing based on the model year of the subject
vehicle. Pre-1982 vehicles are required to be tested annually, while
post-1981 vehicles are required to be inspected on a biennial schedule.
The Colorado legislation and the State I/M regulation provide the legal
authority to implement and enforce the test frequency as outlined.
Regulation 11 specifies the assignment of test dates in various
scenarios that might otherwise lead to vehicles getting off schedule.
The Colorado Request for Proposal, which is included in the SIP,
specifies convenience factors including a maximum average wait time of
15 minutes and an absolute maximum of 40 minutes, with monitoring and
penalties. The Colorado program provides sufficient evidence that
convenient services will be provided to the motorist. The Colorado
submittal meets the test frequency and convenience requirements of the
Federal I/M regulations and is approvable.
Vehicle Coverage--40 CFR 51.356
The performance standard for enhanced I/M programs assumes coverage
of all 1968 and later model year light duty vehicles (LDV) and light
duty trucks (LDT) up to 8,500 pounds gross vehicle weight rating
(GVWR), and includes vehicles operating on all fuel types. Other levels
of coverage may be approved if the necessary emission reductions are
achieved. Fleet vehicles may be inspected outside of the normal
enhanced I/M program test facilities, if such alternatives are approved
by the program administration, but shall be subject to the same test
requirements using the same quality control standards as non-fleet
vehicles and shall be inspected in independent, test-only facilities,
according to the requirements of 40 CFR 51.353(a). Alternatively, fleet
vehicles may be exempted under Section 51.356 of the rule, which allows
for exemptions provided a demonstration is made that the performance
standard will be met. Vehicles which are operated on Federal
installations located within an enhanced I/M program area are to be
tested, regardless of whether the vehicles are registered in the state
or local enhanced I/M area.
The Federal I/M regulation requires the SIP to include a
description of the number and types of vehicles to be covered by the
program and a description of any special exemptions including the
percentage and number of vehicles to be impacted.
The Colorado I/M legislation and regulation provide legal authority
for the enforcement and implementation of a program that includes the
coverage of all gasoline-powered LDV, LDT, and HDV greater than four
model years old, which are registered or required to be registered in
the enhanced I/M program area.
Colorado allows for fleet self-testing and claims no credit for
these vehicles in the demonstration of compliance with the performance
standard, i.e., for purposes of demonstrating compliance with the
enhanced I/M performance standard and other I/M rule requirements,
these fleet self-tested vehicles are considered exempt. These non-
dealership fleet vehicles are required to be tested in the test-only
network upon change of ownership. Fleet owners may arrange to have
fleet vehicles tested in the test-only network if desired.
Similarly, Colorado's I/M legislation allows dealer vehicles to be
tested by a non-independent third party (EPA considers this to be
dealer-self testing), but claims no credit for self-tested dealership
vehicles in the demonstration of compliance with the performance
standard. Dealers may arrange to have their vehicles tested in the
test-only network if desired. Because EPA's I/M Rule requires an
independent third party to conduct dealer testing, EPA is conditionally
approving Colorado's I/M SIP based the State's commitment to adopt
regulations to prohibit dealerships from testing vehicles two test-
cycles in a row. This will help prevent creative noncompliers from
consistently escaping a test-only independent test. EPA has determined
that this is sufficient to meet the goal of requiring independent third
parties to conduct dealer testing. Changes to Colorado's I/M
regulations were proposed for hearing, but have not yet been fully and
finally adopted. The State has submitted to EPA a schedule for adoption
of these regulations. EPA has interpreted this submission as a
commitment to adopt the necessary changes within one year of
conditional approval. Without this regulation change, or an alternative
that addresses the economic incentives towards improper testing, such
as a contract with protective mechanisms, the dealership self-testing
provisions will not be approvable and final action to conditionally
approve the SIP will convert to disapproval following the course of
action described in the proposed action portion of this notice. For
further discussion of the fleet and dealership self-testing issue, see
``Emission Credits for Dealer and Fleet Self-Testing in Enhanced I/M
Areas'', Memorandum from Dick Wilson to the Air Division Directors,
dated March 29, 1993, available in the docket.
Additionally, the State regulation provides a program exemption for
farm vehicles and vehicles with two-stroke engines. These exemptions
impact 0.79% of the subject fleet. The Colorado program meets the
enhanced I/M performance standard, reflecting no emission reduction
benefits from the exempted vehicles.
Test Procedures and Standards--40 CFR 51.357
Written test procedures and pass/fail standards shall be
established and followed for each model year and vehicle type included
in the program. Test procedures and standards are detailed in 40 CFR
51.357 and in the EPA document entitled ``High-Tech I/M Test
Procedures, Emission Standards, Quality Control Requirements, and
Equipment Specifications'', EPA-AA-EPSD-IM-93-1, finalized in April of
1994.
The State I/M regulation includes a description of the test
procedure for transient (IM240), two speed idle, idle, evaporative
system purge, evaporative system pressure testing, and for a visual
emission control device inspection. These test procedures reference
EPA-approved test procedures and guidance and are approvable. The State
enhanced I/M regulation establishes HC, CO, CO2 and NOX
maximum allowable exhaust standards for all test procedures for each
applicable model year and vehicle type. The State commits to
implementing EPA recommended exhaust standards at least on test-cycle
prior to the evaluation year, no later than January 1, 1999. The State
I/M regulation establishes evaporative purge and/or pressure test
standards. EPA believes the purge and pressure standards are lenient,
though recognizing that purge and pressure testing are not required as
an element of the enhanced I/M program for the State of Colorado. Purge
and pressure testing address evaporative hydrocarbon emission, while
Colorado is only required to meet the carbon monoxide performance
standard. The emission reductions for the purge and pressure test will
be evaluated at some future date if the State chooses to include these
measures as part of an ozone redesignation/maintenance plan.
Test Equipment--40 CFR 51.358
Computerized test systems are required for performing any
measurement on subject vehicles. The Federal I/M regulation requires
that the State SIP submittal include written technical specifications
for all test equipment used in the program. The specifications shall
describe the emission analysis process, the necessary test equipment,
the required features, and written acceptance testing criteria and
procedures.
The State regulation and Request for Proposal (contained in the SIP
submittal appendices) contain the written technical specifications for
test equipment to be used in the program. The specifications require
the use of computerized test systems. The specifications also include
performance features and functional characteristics of the computerized
test systems which meet the Federal I/M regulations and are approvable.
Quality Control--40 CFR 51.359
Pursuant to the Federal I/M Rule, quality control measures shall
insure that emission measurement equipment is calibrated and maintained
properly, and that inspection, calibration records, and control charts
are accurately created, recorded and maintained.
The appendices of the State submittal contain procedures which
describe and establish quality control measures for the emission
measurement equipment, record keeping requirements and measures to
maintain the security of all documents used to establish compliance
with the inspection requirements. This portion of the State submittal
complies with the quality control requirements set forth in the Federal
I/M regulation and is approvable.
Waivers and Compliance Via Diagnostic Inspection--40 CFR 51.360
The Federal I/M regulation allows for the issuance of a waiver,
which is a form of compliance with the program requirements that allows
a motorist to comply without meeting the applicable test standards. For
enhanced I/M programs, an expenditure of at least $450 in repairs,
adjusted annually to reflect the change in the Consumer Price Index
(CPI), as compared to the CPI for 1989, is required in order to qualify
for a waiver. Waivers can only be issued after a vehicle has failed a
retest performed after all qualifying repairs have been made. Any
available warranty coverage must be used to obtain repairs before
expenditures can be counted toward the cost limit. Tampering related
repairs shall not be applied toward the cost limit. Repairs must be
appropriate to the cause of the test failure. Repairs for 1980 and
newer model year vehicles must be performed by a recognized repair
technician to be applicable towards the minimum repair expenditure. The
Federal regulation allows for compliance via a diagnostic inspection in
special circumstances. The SIP must set a maximum waiver rate and must
describe corrective action that would be taken if the waiver rate
exceeds that committed to in the SIP.
Colorado's legislation provides the necessary authority to issue
waivers, set and adjust cost limits, and administer and enforce the
waiver system. The Colorado legislation sets a $450 cost minimum and
allows for an annual adjustment of the cost limit to reflect the change
in the CPI, as compared to the CPI in 1989 in the enhanced I/M program.
The regulation includes provisions which address waiver criteria and
procedures, including cost limits, tampering and warranty related
repairs, quality control and administration. Fleet and dealer-owned
vehicles are not eligible to comply with the I/M requirements via
certificates of waiver. These vehicles must be repaired to comply with
the test requirements independent of cost, or registration will be
denied. These provisions meet the Federal I/M regulations requirements
and are approvable. The State regulation allows for compliance via
diagnostic inspection and the policies and procedures outlined in the
submittal meet Federal I/M regulations and are approvable. The State
has set a maximum waiver rate of 3% for both pre-1981 and for 1981 and
later vehicles and has described corrective actions to be taken if the
waiver rate exceeds 3%. This waiver rate has been used in the
performance standard modeling demonstration and is approvable. Thus,
EPA has determined that the waiver provisions of the SIP are
approvable.
Motorist Compliance Enforcement--40 CFR 51.361
The Federal regulation requires that motorist compliance shall be
ensured through the denial of motor vehicle registration in enhanced I/
M programs, unless an exception for use of an existing alternative is
approved. The I/M rule requires the use of mandatory meaningful fines
to deter motorist compliance and requires States to undertake
activities limiting the loopholes available to motorists. The SIP
submittal is to include a description of the enforcement process, legal
authority to enforce compliance, and a commitment to a compliance rate
to be used for modeling purposes and to be maintained in practice.
Colorado's legislative authority and I/M regulation provide the
legal authority to implement registration denial and sticker-based
enforcement. The Colorado SIP commits to a compliance rate of 96.4%, as
used in the performance standard modeling demonstration. Penalties for
failure to comply with the program are described in the authorizing
legislation and the Colorado Revised Statutes. Fines of up to $1,000
can be imposed in cases where motorists are involved in fraudulently
obtaining certificates of compliance, stickers, or registrations.
Failure to register a vehicle also results in significant penalties, as
described in the Colorado Revised Statutes regarding registration
penalties. The State of Colorado has met EPA's requirements for the
imposition of mandatory fines. The State commits to corrective action
if a compliance rate of 96.4% is not maintained in practice.
Motorist Compliance Enforcement Program Oversight--40 CFR 51.362
The Federal I/M regulation requires that the enforcement program
shall be audited regularly and shall follow effective program
management practices, including adjustments to improve operation when
necessary. The SIP shall include quality control and quality assurance
procedures to be used to insure the effective overall performance of
the enforcement system. An information management system shall be
established which will characterize, evaluate, and enforce the program.
The Colorado I/M legislation, regulation, and SIP narrative and
appendices describe how the enforcement program oversight is quality
controlled and quality assured and includes the establishment of an
information management system. The enforcement program oversight
activities included in the submittal meet the Federal I/M regulation
requirements and are approvable.
Quality Assurance--40 CFR 51.363
An ongoing quality assurance program shall be implemented to
discover, correct and prevent fraud, waste, and abuse in the program.
The program shall include covert and overt performance audits of the
inspectors, audits of station and inspector records, equipment audits,
and formal training of all state I/M enforcement officials and
auditors. A description of the quality assurance program, which
includes written procedure manuals on the above discussed items, must
be submitted as part of the SIP.
The Colorado legislation, regulation, and SIP narrative and
appendices include a quality assurance program which describe details
and procedures for implementing inspector records audits, and equipment
audits, as well as providing formal training to all state enforcement
officials. Performance audits of inspectors will consist of both covert
and overt audits. These procedures meet the Federal I/M regulation
requirements and are approvable.
Enforcement Against Contractors, Stations and Inspectors--40 CFR 51.364
Enforcement against licensed stations or contractors, and
inspectors shall include swift, sure, effective, and consistent
penalties for violation of program requirements. The Federal I/M
regulation requires the establishment of minimum penalties for
violations of program rules and procedures which can be imposed against
stations, contractors and inspectors. The legal authority for
establishing and imposing penalties, civil fines, license suspensions
and revocations must be included in the SIP. State quality assurance
officials shall have the authority to temporarily suspend station and/
or inspector licenses immediately upon finding a violation that
directly affects emission reduction benefits. An official opinion
explaining state constitutional impediments to immediate suspension
authority must be included in the submittal. The SIP shall describe the
administrative and judicial procedures and responsibilities relevant to
the enforcement process, including which agencies, courts and
jurisdictions are involved, who will prosecute and adjudicate cases and
the resources and sources of those resources which will support this
function.
The Colorado submittal includes the legal authority to establish
and impose penalties against stations, contractors and inspectors. The
I/M SIP and regulations include penalty provisions for stations,
contractors, and inspectors. These penalty schedules meet the Federal
I/M regulation requirements and are approvable. The State I/M
regulation gives the state auditor the authority to temporarily suspend
station and inspector licenses or certificates immediately upon finding
a violation. The submittal includes a description of administrative and
judicial procedures relevant to the enforcement process which meet
Federal I/M regulations and are approvable.
Data Collection--40 CFR 51.365
Accurate data collection is essential to the management, evaluation
and enforcement of an enhanced I/M program. The Federal I/M regulation
requires data to be gathered on each individual test conducted and on
the results of the quality control checks of test equipment required
under 40 CFR 51.359.
The State regulation requires the collection of data on each
individual test conducted and describes the type of data to be
collected. The type of test data collected meets the Federal I/M
regulation requirements and is approvable. The appendices to the I/M
SIP submittal contain a procedure manual that details the gathering and
reporting requirements of the State and the State's contractor required
under 40 CFR 51.359 and is approvable.
Data Analysis and Reporting--40 CFR 51.366
Data analysis and reporting are required to allow for monitoring
and evaluation of the program by the State and EPA. The Federal I/M
regulation requires annual reports to be submitted to EPA which provide
information and statistics and summarize activities performed for each
of the following programs: testing, quality assurance, quality control
and enforcement. These reports are to be submitted by July and shall
provide statistics for the period of January to December of the
previous year. A biennial report shall be submitted to EPA which
addresses changes in program design, regulations, legal authority,
program procedures and any weaknesses in the program found during the
two year period and how these problems will be or were corrected.
The State enhanced I/M legislation and regulation provide for the
analysis and reporting of data for the testing program, quality
assurance program, quality control program, and the enforcement
program. The State will submit annual reports on the I/M programs to
EPA by July of the subsequent year. Additionally, the State will submit
a biennial report detailing changes to and deficiencies in the State's
I/M program. The appendices to the I/M SIP submittal contain procedure
manuals that detail the gathering, analysis, and reporting requirements
of the State and the State's contractor. The type of data to be
gathered, analyzed, and reported to EPA meets the Federal I/M
regulation requirements and is approvable.
Inspector Training and Licensing or Certification--40 CFR 51.376
The Federal I/M regulation requires all inspectors to be formally
trained and licensed or certified to perform inspections.
The State I/M regulation requires all inspectors to receive formal
training, and to be certified by the Colorado Department of Revenue.
The State submittal includes a description of and the information
covered in the training program, a description of the written and
hands-on tests and a description of the certification process. The SIP
meets the Federal I/M regulation requirements for inspector training
and certification and is approvable.
Public Information and Consumer Protection--40 CFR 51.368
The Federal I/M regulation requires the SIP to include public
information and consumer protection programs. The State submittal
includes contract provisions for a public information program which
educates the public on enhanced I/M, State and Federal regulations, air
quality and the role of motor vehicles in the air pollution problem,
and other items as described in the Federal rule. The consumer
protection program includes provisions which allow for vehicle owners
to challenge the results of vehicle testing through the use of State-
run referee stations, and protection of whistle blowers. In addition,
the State provides assistance to motorists in obtaining warranty-
covered repairs. The public information and consumer protection
programs contained in the SIP submittal meet the Federal regulations
and are approvable.
Improving Repair Effectiveness--40 CFR 51.369
Effective repairs are the key to achieving program goals. The
Federal regulation requires states to take steps to ensure that the
capability exists in the repair industry to repair vehicles. The SIP
must include a description of the technical assistance program to be
implemented, a description of the procedures and criteria to be used in
meeting the performance monitoring requirements required in the Federal
regulation and a description of the repair technician training
resources available in the community.
The State I/M legislation and regulation require the implementation
of a technical assistance program, which includes a contractor-operated
hot line service to assist repair technicians, state technical
diagnostic centers, and a method of regularly informing the repair
facilities of changes in the program, training courses, and common
repair problems. The I/M contractor will be responsible initially for
development of an emission repair technician training program. The
State envisions that eventually this function will be taken over by
vocational and community educational facilities in the area. A repair
facility performance monitoring program will provide motorists whose
vehicles fail the test a summary of local repair facilities
performance. The State revised the January 14, 1994 SIP to commit to
providing performance statistics on all repair facilities that perform
I/M emission repairs upon request. The State will provide regular
feedback to each facility on their repair performance. The submittal of
a completed repair form at the time of retest is required. The repair
effectiveness improvement plan meets the criteria described in the
Federal regulation and is approvable.
Compliance With Recall Notices--40 CFR 51.370
The Federal regulation requires the states to establish methods to
ensure that vehicles that are subject to enhanced I/M and are included
in a emission related recall receive the required repairs prior to
completing the emission test or renewing the vehicle registration.
The Colorado legislation provides the legal authority to require
owners to comply with emission related recalls before completing the
emission test and prior to being eligible for registration renewal. The
SIP appendices detail procedures to be used to incorporate national
database recall information into the State inspection/registration
database and quality control methods to insure recall repairs are
properly documented and tracked. The submittal includes a requirement
to submit an annual report to EPA which includes the information as
required in 40 CFR Part 51.370(c). The recall compliance program
contained in the SIP submittal meets the Federal requirements and is
approvable.
On-Road Testing--40 CFR 51.371
On-road testing is required in enhanced I/M areas. The use of
either remote sensing devices (RSD) or roadside pullovers including
tailpipe emission testing can be used to meet the Federal regulations.
The program must include on-road testing of 0.5% of the subject fleet
or 20,000 vehicles, whichever is less, in the nonattainment area or the
I/M program area. Motorists that have passed an emission test and are
found to be high emitters as a result of a on-road test shall be
required to pass an out-of-cycle test.
Legal authority to implement the on-road testing program and
enforce off-cycle inspection and repair requirements is contained in
the State legislation. The SIP submittal requires on-road testing of
0.5% of the subject fleet per year in the Denver-Boulder nonattainment
area to be implemented by the contractor or its subcontractor. A
description of the program, which includes test limits and criteria,
and methods of collecting, analyzing and reporting the results of the
testing is detailed in the submittal. The on-road testing program
described in the SIP meets Federal requirements and is approvable.
State Implementation Plan Submissions/Implementation Deadlines--40 CFR
51.372-373
The Federal regulation requires enhanced I/M programs to be
implemented by January 1, 1995 except for: (1) Existing test-and-repair
programs which may test 30% of the subject fleet in the test-only
system during 1995 and test all subject vehicles in the test-only
system beginning January 1, 1996 (during the phase-in period, existing
requirements may continue to apply for the test-and-repair portion of
the program until it is phased out by January 1, 1996) or (2) Areas
starting new test-only programs and those with existing test-only
programs may phase in the new test procedures between January 1, 1995
and January 1, 1996; however, all other program requirements must be
fully implemented by January 1, 1995.
The Colorado submittal included binding State I/M regulations,
legislative authority to implement the program, final specifications, a
final RFP, procedural documents, a modeling demonstration showing that
the program design meets the performance standard, evidence of adequate
funding and resources to implement the program, and a detailed
discussion on each of the required program design elements. The
submittal states that all inspectors and stations will be certified by
December 31, 1994, mandatory testing will begin on January 1, 1995, and
the start date for implementation of full-stringency cutpoints will be
no later than January 1, 1999. The submittal also includes a commitment
to include onboard diagnostic checks in the enhanced I/M program within
2 years after promulgation of onboard diagnostic check regulations for
I/M programs. The SIP meets the SIP submission and Implementation
deadline requirements set forth in the Federal I/M regulation.
V. Request for Comments
EPA is proposing to conditionally approve the Colorado SIP revision
for an enhanced I/M program, which was submitted on January 14, and
June 24, 1994. EPA is soliciting public comments on the issues
discussed in this notice or on other relevant matters. These comments
will be considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA Regional office listed in the ADDRESSES section of
this notice.
VI. Proposed Action
EPA is proposing to conditionally approve the Colorado I/M program.
Revisions to the SIP were submitted on January 14, 1994, and June 24,
1994. Conditional approval is based on the State's commitment to
satisfy conditions no later than one year from the date of final
conditional approval. If such conditions are not met by this date, the
conditional approval will automatically become a disapproval.
VII. Executive Order 12866
The OMB has exempted this rule from the requirements of Section 6
of Executive Order 12866.
VIII. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
SIP approvals under sections 110 and 301, and subchapter I, Part D
of the Act and conditional SIP approvals under section 110 and
subchapter I, Part D of the Act do not create any new requirements, but
simply approve requirements that the State is already imposing.
Therefore, because the Federal SIP-approval does not impose any new
requirements, I certify that it does not have a significant impact on
small entities affected. Moreover, due to the nature of the Act,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Act forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976);
42 U.S.C. 7410(a)(2).
If the conditional approval is converted to a disapproval under
section 110(k)(4), the disapproval will not affect any existing state
requirements applicable to small entities. Federal disapproval of the
State submittal does not affect its state-enforceability. Moreover,
EPA's disapproval of the submittal does not impose a new Federal
requirement. Therefore, EPA certifies that such disapproval action
would not have a significant impact on a substantial number of small
entities because it would not remove existing state requirements nor
substitute a new Federal requirement.
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental protection, Hydrocarbons,
Intergovernmental relations, Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping requirements, Sulfur dioxide, Volatile
organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: June 30, 1994.
Jack W. McGraw,
Acting Regional Administrator.
[FR Doc. 94-17005 Filed 7-13-94; 8:45 am]
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