[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27602]


[[Page Unknown]]

[Federal Register: November 8, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CO37-1-6688; FRL-5096-5]

 

Conditional Approval and Promulgation of Air Quality 
Implementation Plans; Colorado; Enhanced Motor Vehicle Inspection and 
Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is conditionally approving a vehicle inspection and 
maintenance (I/M) 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 (CAA).

EFFECTIVE DATE: This final rule is effective on December 8, 1994.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at United 
States Environmental Protection Agency Region 8, Air, Radiation & 
Toxics Division, Air Programs Branch, 999 18th Street, suite 500, 
Denver, Colorado 80202-2466. Anyone wanting to view these documents 
must make an appointment a least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Scott P. Lee, Air Programs Branch, 
State Implementation Plan Section (8ART-AP), US Environmental 
Protection Agency, Region 8, Denver, Colorado 80202, (303) 293-1887.

SUPPLEMENTARY INFORMATION:

I. Introduction

    On July 14, 1994 (59 FR 35875), EPA published a notice of proposed 
rulemaking (NPR) for the State of Colorado. The NPR proposed 
conditional approval of an enhanced vehicle 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. On January 14, 1994, and on June 24, 1994, Roy Romer, 
Governor of the State of Colorado, submitted to EPA enhanced I/M SIP 
revisions 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. More detailed analyses of the State's 
submittals are contained in the NPR action as published July 14, 1994. 
Other specific requirements of the enhance I/M program and the 
rationale for EPA's action are explained in the NPR and will not be 
restated here. No public comments were received on the NPR.

II. Final Action

    EPA is conditionally approving the Colorado enhanced motor vehicle 
I/M program. Conditional approval is based on the State's commitment to 
adopt final regulations for dealership self-testing within one year of 
final conditional approval. If such conditions are not met by this 
date, the conditional approval will automatically become a disapproval.

III. Administrative Review

    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    OMB has exempted these actions from review under Executive Order 
12866.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 9, 1995. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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 section 307(b)(2)) (See 42 U.S.C. 
7607 (b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: September 14, 1994.
Jack W. McGraw,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart G--Colorado

    2. Section 52.320 is amended by adding paragraph (c)(69) to read as 
follows:


Sec. 52.320 Identification of plan.

* * * * *
    (c) * * *
    (69) On January 14, 1994 and on June 24, 1994, Roy Romer, the 
Governor of Colorado, submitted SIP revisions to the Implementation 
Plan for the Control of Air Pollution. This revision establishes and 
requires the implementation of an enhanced motor vehicle inspection and 
maintenance program in the Denver and Boulder urbanized areas as 
required by section 187(a)(6) of the Clean Air Act Amendments of 1990. 
This material is being incorporated by reference for the enforcement of 
Colorado's enhanced I/M program only.
    (i) Incorporation by reference.
    (A) Colo. Rev. Stat. Sections 42-4-306.5--42-4-316 adopted June 8, 
1993 as House Bill 93-1340, effective July 1, 1993.
    (B) Regulation No. 11 (Inspection/Maintenance Program) as adopted 
by the Colorado Air Quality Control Commission (AQCC) on March 17, 
1994.
    (ii) Additional materials.
    (A) SIP narrative and technical appendices 1-20 as corrected and 
approved by the AQCC on June 21, 1994. The narrative is entitled 
``State of Colorado Motor Vehicle Inspection and Maintenance State 
Implementation Plan'', dated December 16, 1993 with technical 
corrections.

[FR Doc. 94-27602 Filed 11-7-94; 8:45 am]
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