[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,

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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, 
[email protected].

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

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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) * * *

----------------------------------------------------------------------------------------------------------------
                                          State       EPA effective   Final Rule citation/
               Title                 effective date       date                date                 Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  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.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
     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