[Federal Register Volume 62, Number 12 (Friday, January 17, 1997)]
[Rules and Regulations]
[Pages 2585-2587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1075]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CO-001-0008(a); FRL-5660-9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving an enhanced vehicle inspection and 
maintenance (I/M) State Implementation Plan (SIP) revision submitted by 
Roy Romer, Governor of Colorado, on September 29, 1995. This revision 
fulfills the Governor's commitment to adopt final regulations to limit 
dealership self-testing, allowing EPA to convert Colorado's prior 
conditional approval to a full approval for the enhanced I/M SIP 
revisions which established and require the implementation of an 
enhanced motor vehicle inspection and maintenance (I/M) program in the 
Denver and Boulder urbanized area. This action is being taken under 
Section 110 of the Clean Air Act (CAA).

DATES: This action is effective on March 18, 1997 unless adverse or 
critical comments are received by February 18, 1997. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Comments may be mailed to Richard R. Long, Director, Air 
Programs, USEPA Region VIII (P2-A), 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: Scott P. Lee, at (303) 312-6736 or via 
e-mail at [email protected]. While information may be requested 
via e-mail, comments must be submitted in writing to the EPA Region 
VIII address above.

I. Background

    On November 8, 1994, EPA published a rulemaking (59 FR 55584) 
conditionally approving an enhanced vehicle I/M program for the Denver 
and Boulder urbanized areas. The conditional approval was based on the 
State's commitment to adopt final regulations limiting dealership self-
testing as required by EPA's I/M Rule (40 CFR part 51, subpart S). EPA 
limits self-testing to ensure all vehicles receive a proper independent 
inspection on a regular interval. The State was required to adopt this 
regulation revision within one year of final conditional approval. On 
September 22, 1994, the State adopted a replacement regulation, 
Colorado Regulation No. 11 (5 CCR 1001-13) satisfying the State's 
commitment to limit dealership self-testing, and on September 29, 1995, 
forwarded it to EPA to be acted upon.

II. EPA'S Analysis of Colorado's Submittal

    As detailed in the Governor's September 29, 1995 letter, the State 
held a properly noticed public hearing regarding the revised enhanced 
I/M regulation on September 22, 1994. EPA found the Governor's 
submittal to be administratively complete on November 30, 1995.
    The September 29, 1995, submittal included: Colorado Air Quality 
Control Commission (AQCC) Regulation Number 11, Motor Vehicle Emissions 
Inspection Program (5 CCR 1001-13), adopted on September 22, 1994, and 
effective on November 30, 1994. This replacement Regulation No. 11 
limits dealer self-testing to non-consecutive test-cycles as required 
by EPA's I/M Rule (40 CFR Part 51, Subpart S), and fulfills the State's 
commitment allowing EPA to fully approve Colorado's program.
    In addition to the dealer self-testing provisions, the AQCC adopted 
minor revisions to the inspection equipment technical specifications. 
These revisions are technical corrections not considered to be 
substantive changes impacting the approvability of the program.

III. Action

    EPA is fully approving the Colorado enhanced motor vehicle I/M SIP 
revision as submitted by Governor Romer on September 29, 1995. EPA is 
publishing this action without prior proposal because the Agency views 
this as a noncontroversial amendment and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, the EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. This action will be effective 
March 18, 1997 unless, by February 18, 1997, adverse or critical 
comments are received.
    If the EPA receives such comments, EPA will publish a subsequent 
document withdrawing this final action before its final effective date. 
All public comments received will then be addressed in a subsequent 
final rule based on this action serving as a proposed rule. The EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time. If 
no such comments are received, the public is advised that this action 
will be effective March 18, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

V. Administrative Requirements

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    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 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 Federal-state relationship under 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. EPA, 427 U.S. 246, 256-66 (1976); 42 U.S.C. 
7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section

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205, EPA must select the most cost-effective and least burdensome 
alternative that achieves the objectives of the rule and is consistent 
with statutory requirements. Section 203 requires EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    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 March 18, 1997. 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).)

List of Subjects in 40 CFR Part 52

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

    Dated: November 20, 1996.
Jack W. McGraw,
Acting Regional Administrator, Region VIII.

    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.
    2. Section 52.320 is amended by adding paragraph (73) to read as 
follows:

SUBPART G--COLORADO


Sec. 52.320  Identification of plan.

* * * * *
    (c) * * *
    (77) On September 29, 1995, Roy Romer, the Governor of Colorado, 
submitted a SIP revision to the State Implementation Plan for the 
Control of Air Pollution. This revision provides a replacement 
Regulation No. 11, Inspection/Maintenance Program which limits dealer 
self-testing. This material is being incorporated by reference for the 
enforcement of Colorado's I/M program.
    (i) Incorporation by reference.
    (A) Department of Health, Air Quality Control Commission, 
Regulation No. 11 (Motor Vehicle Emissions Inspection Program) as 
adopted by the Colorado Air Quality Control Commission (AQCC) on 
September 22, 1994, effective November 30, 1994.

[FR Doc. 97-1075 Filed 1-16-97; 8:45 am]
BILLING CODE 6560-50-P