[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Rules and Regulations]
[Pages 75388-75390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30442]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-0AR-2011-1004; FRL-9676-3]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Colorado; Motor Vehicle Inspection and Maintenance Program--
Deletion of Final Enhanced Inspection and Maintenance Emission Cutpoint 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
that was submitted by the State of Colorado on August 8, 2006. The 
August 8, 2006, revision updates Regulation Number 11, ``Motor Vehicle 
Emissions Inspection Program,'' by removing the light duty vehicle 
emission testing limits that went into effect on January 1, 2006, for 
1996 and newer model year vehicles. This action is being taken under 
section 110 of the Clean Air Act.

DATES: Effective Date: This final rule is effective January 22, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2011-1004. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the Air 
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. EPA requests that if at all 
possible, you contact the individual listed in 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: Rebecca Russo, Air Program, Mailcode 
8P-AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129, telephone number (303) 312-6757, fax 
number (303) 312-6064, or email [email protected].

SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, the following definitions apply:
    (i) The word Act or initials CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials NAAQS mean national ambient air quality 
standard.
    (iv) The initials ppb mean parts per billion.
    (v) The initials SIP mean or refer to State Implementation Plan.
    (vi) The words State or Colorado mean the State of Colorado, unless 
the context indicates otherwise.

Table of Contents

I. Background
II. What is the purpose of this action?
III. What is the State's process to submit SIP revisions to EPA?
IV. EPA's Evaluation of the State's August 8, 2006, Submittal
V. Consideration of Section 110(l) of the Clean Air Act
VI. Final Action
VII. Statutory and Executive Order Reviews

I. Background

    On January 12, 2012, EPA published a proposed rule in the Federal 
Register in which we proposed approval of a State Implementation Plan 
(SIP) revision that was submitted by the State of Colorado on August 8, 
2006, and provided an opportunity for public comment through February 
13, 2012 (see 77 FR 1892). The SIP revision updates Colorado's 
Regulation Number 11, ``Motor Vehicle Emissions Inspection Program,'' 
by removing the light duty vehicle emission testing

[[Page 75389]]

limits that went into effect on January 1, 2006, for 1996 and newer 
model year vehicles. We did not receive any comments in response to our 
January 12, 2012, proposed rule.

II. What is the purpose of this action?

    In this action, EPA is approving a revision to Colorado's 
Regulation Number 11 (hereafter ``Regulation No. 11''), ``Motor Vehicle 
Emissions Inspection Program.'' This revision removes the light duty 
vehicle emission testing limits (or ``cutpoints'') that went into 
effect on January 1, 2006 (hereafter referred to as the ``2006 
cutpoints''), for 1996 and newer model year vehicles.\1\ The emission 
testing limits that went into effect on January 1, 2003, under 
Regulation No. 11 (hereafter referred to as the ``2003 cutpoints'') 
will continue to be federally enforceable. Under Regulation No. 11, a 
vehicle whose emissions exceed the applicable emissions cutpoints 
during an IM240 emissions test will fail the test and must be repaired 
and re-inspected.\2\
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    \1\ We note that the State never implemented the 2006 cutpoints. 
However, EPA approved them as part of Regulation No. 11, and they 
have been federally enforceable.
    \2\ A motor vehicle inspection and maintenance (I/M) program is 
a control measure that is sometimes used in SIPs to reduce emissions 
of certain air pollutants. Today's cars are dependent on properly 
functioning emission control systems to keep pollution levels low. 
I/M programs can identify problem cars and ensure that cars are 
properly maintained. Through Regulation No. 11, the state of 
Colorado operates an enhanced I/M program, relying mainly on an 
IM240 inspection test. The IM240 test is a chassis dynamometer test 
used for emission testing of light duty vehicles. It is a short, 240 
second test representing a 1.96 mile route. Under Regulation No. 11, 
a vehicle whose emissions exceed the applicable emissions cutpoints 
during an IM240 emissions test will fail the test and must be 
repaired and re-inspected. Colorado operates an enhanced, IM240 test 
program in the following counties: Adams, Arapahoe, Boulder, 
Broomfield, Denver, Douglas and Jefferson (Denver metropolitan 
area). In addition, the State operates an enhanced program in 
Larimer and Weld Counties, but as a State-only (not Federally 
enforceable) requirement.
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    The 2006 cutpoints were 0.60 grams per mile for hydrocarbons (HC), 
10.0 grams per mile for carbon monoxide (CO), and 1.5 grams per mile 
for oxides of nitrogen (NOX). The 2003 cutpoints are 1.2 
grams per mile for HC, 20 grams per mile for CO, and 3.0 grams per mile 
for NOX. We have determined that it was reasonable for the 
State to remove the 2006 cutpoints from Regulation No. 11. Our 
rationale was provided in our proposed rule (see 77 FR 1892, January 
12, 2012) and is also included below for the reader's convenience. This 
revision to Regulation No. 11 will be part of the federally enforceable 
SIP for Colorado under the Clean Air Act (CAA).

III. What is the State's process to submit SIP revisions to EPA?

    Section 110(k) of the CAA addresses our actions on submissions of 
revisions to a SIP. The CAA requires states to observe certain 
procedural requirements in developing SIP revisions for submittal to 
us. Section 110(a)(2) of the CAA requires that each SIP revision be 
adopted after reasonable notice and public hearing. This must occur 
prior to the revision being submitted by a state to us. The Colorado 
Air Quality Control Commission (AQCC) held a public hearing on the 
revision to Regulation No. 11 on November 17, 2005. The AQCC adopted 
the revision to Regulation No. 11 directly after the hearing. This SIP 
revision became State effective on January 30, 2006, and the Governor 
submitted it to us on August 8, 2006.
    We have evaluated the Governor's submittal for Regulation No. 11 
and have determined that the State met the requirements for reasonable 
notice and public hearing under section 110(a)(2) of the CAA.

IV. EPA's Evaluation of the State's August 8, 2006, Submittal

    We have reviewed the revision to Regulation. No. 11 that the State 
submitted on August 8, 2006 and find that our approval is warranted. We 
note that we are only acting on the State's revision to Regulation No. 
11, Part F ``Maximum Allowable Emissions Limits for Motor Vehicle 
Exhaust, Evaporative and Visible Emissions for Light-Duty and Heavy 
Duty Vehicles,'' section III.A.2. On August 17, 2007, EPA approved 
other revisions to Regulation No. 11 that the State had adopted on 
November 17, 2005 (see 72 FR 46148). We describe the basis for our 
approval below:

Basis for EPA's Approval: The State Did Not Need the 2006 Cutpoints To 
Attain the 1997 8-Hour (80 ppb) Ozone NAAQS

    The metro-Denver/North Front Range (``NFR'') area was designated as 
nonattainment for the 1997 8-hour (80 ppb) ozone NAAQS on November 20, 
2007 (see 72 FR 53952, September 21, 2007). As a result of this 
nonattainment designation, Colorado was required to submit a dispersion 
modeled attainment demonstration that demonstrated attainment of the 
ozone NAAQS by the end of the ozone season in 2010. The State submitted 
a dispersion modeled attainment demonstration SIP revision on June 18, 
2009 that demonstrated attainment by the end of the 2010 ozone season. 
EPA approved the State's June 18, 2009, SIP revision on August 5, 2011 
(see 76 FR 47443). In its attainment demonstration for the 80 ppb 8-
hour ozone NAAQS, the State modeled the 2003 cutpoints, not the 2006 
cutpoints. We also note that monitored ambient air quality data from 
2008 through 2010 reflect that the metro-Denver/NFR area attained the 
80 ppb 8-hour ozone NAAQS in 2010 without the implementation of the 
2006 cutpoints.\3\ In addition, based on preliminary 8-hour ozone data 
from 2011, the area continues to demonstrate attainment of the 80 ppb 
8-hour ozone NAAQS.
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    \3\ The State never implemented the 2006 cutpoints.
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    Because the 2006 cutpoints have not been necessary for the area to 
attain the 80 ppb 8-hour ozone NAAQS, we are approving the State's 
removal of the 2006 cutpoints from Regulation No. 11.

V. Consideration of Section 110(l) of the Clean Air Act

    Section 110(l) 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 NAAQS or any other applicable requirement of 
the CAA. EPA has concluded that the above-described revision to 
Regulation No. 11 will not interfere with attainment, reasonable 
further progress, or any other applicable requirement of the CAA. This 
revision to Regulation No. 11 will not adversely affect the approved 
maintenance plans for Metro-Denver and Longmont for carbon monoxide 
(see 72 FR 46148, August 17, 2007), Metro-Denver for PM10 
(see 72 FR 62571, November 6, 2007), or Greeley for carbon monoxide 
(see 70 FR 48650), or the approved attainment plan for Metro-Denver/NFR 
for the 1997 8-hour (80 ppb) ozone standard (see 76 FR 47443, August 5, 
2011). For each of these areas and pollutants, the State demonstrated 
maintenance or attainment of the relevant NAAQS assuming either the 
complete absence of an I/M program or the implementation of the 2003 
cutpoints.

VI. Final Action

    EPA is approving the revision to Regulation No. 11 that the State 
of Colorado submitted on August 8, 2006. The revision removes from 
Regulation No. 11, part F, section III.A.2, the light duty vehicle 
emission testing limits that went into effect on January 1, 2006.

[[Page 75390]]

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; and
     Does not provide 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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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. 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 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 February 19, 2013. 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 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, Reporting and recordkeeping requirements, and Volatile 
organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 30, 2012.
James B. Martin,
Regional Administrator, Region 8.

    40 CFR part 52 is amended 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. Section 52.320 is amended by adding two sentences to the end of 
paragraph (c)(107)(i)(C) to read as follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (107) * * *
    (i) * * *
    (C) * * * On August 8, 2006, Colorado submitted revisions to 
Colorado's Regulation Number 11--Motor Vehicle Emissions Inspection 
Program, part F, section III.A.2, that EPA approved and that superseded 
the version of section III.A.2 that EPA incorporated by reference in 
this paragraph. See Sec.  52.329(f).
* * * * *

0
3. Add paragraph (f) to Sec.  52.329 to read as follows:


Sec.  52.329  Rules and regulations.

* * * * *
    (f) On August 8, 2006, Dennis E. Ellis, Executive Director of the 
Colorado Department of Public Health and Environment, and on behalf of 
the Governor, submitted revisions to 5 CCR 1001-13, Colorado's 
Regulation Number 11--Motor Vehicle Emissions Inspection Program, part 
F, section III.A.2. These revisions removed from Colorado's Regulation 
Number 11 the light duty vehicle emission testing limits that went into 
effect on January 1, 2006 for 1996 and newer model year vehicles. These 
revisions were adopted on November 17, 2005, and became state-effective 
on January 30, 2006. The revised version of section III.A.2, as 
approved by EPA, reads as follows:
    (1) The following emissions standards shall apply to those tests 
performed on model year 1996 and newer vehicles, on and after January 
1, of the dates specified:

------------------------------------------------------------------------
                   Calendar year                       HC     CO    NOX
------------------------------------------------------------------------
2002...............................................    1.2     20    3.0
2003...............................................    1.2     20    3.0
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[FR Doc. 2012-30442 Filed 12-19-12; 8:45 am]
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