[Federal Register Volume 90, Number 150 (Thursday, August 7, 2025)]
[Proposed Rules]
[Pages 38088-38092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14982]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2024-0468; FRL-12884-01-R8]
Air Plan Approval; Colorado; Inspection and Maintenance Program
Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Colorado through the Colorado Department of Public Health and
Environment (CDPHE) on May 16, 2022. The revision includes changes to
the Colorado Air Quality Control Commission's Regulation Number 11,
``Motor Vehicle Emissions Inspection Program.'' The submitted changes
constitute a revision to Colorado's vehicle inspection and maintenance
(I/M) SIP. Colorado's I/M SIP revision includes several minor clerical
and typographical revisions. The I/M SIP revision also streamlines the
visual inspection procedures used on subject vehicles in obtaining I/M
program emissions certification compliance and vehicle registration
renewal. CDPHE also submitted revisions to its I/M program regulations
which were marked as ``state only'' revisions and not meant for EPA
consideration. The EPA is not acting upon these state-only changes in
this action.
DATES: Written comments must be received on or before September 8,
2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2024-0468, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
https://www.regulations.gov. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically in
https://www.regulations.gov. Please email or call the person listed in
the FOR FURTHER INFORMATION CONTACT section if you need to make
alternative arrangements for access to the docket.
FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,
[[Page 38089]]
telephone number: (303) 312-6396, email address:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The Clean Air Act (CAA) requires states with areas designated as
Moderate, Serious, Severe, or Extreme nonattainment areas for the ozone
national ambient air quality standard (NAAQS) to establish SIP
provisions necessary to provide for a vehicle inspection and
maintenance (I/M) program that will identify and repair high-emitting
vehicles operating in the nonattainment area. See CAA sections
182(b)(4), (c)(3), (d) and (e). The requirements for CAA-mandated I/M
programs are codified in the federal I/M Rule at 40 CFR part 51,
subpart S. Within the I/M Rule, 40 CFR 51.350 details the applicability
for nonattainment areas to establish I/M programs. Certain urbanized
Moderate ozone nonattainment areas are required to establish a
``Basic'' I/M program. Certain urbanized Serious, Severe, and Extreme
ozone nonattainment areas are required to implement an ``Enhanced'' I/M
program. The performance standards \1\ for Basic and Enhanced I/M
programs are outlined in 40 CFR 51.352 and 51.351 respectively.
Enhanced I/M programs have additional requirements and require program
elements intended to strengthen ozone precursor reductions over the
Basic program. Additional I/M program features in Enhanced program
areas include on-road testing requirements and more rigorous program
evaluation and reporting requirements.
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\1\ An I/M performance standard is a collection of program
design elements which defines a benchmark program to which a state's
proposed I/M program is compared in terms of its potential to reduce
emissions of the ozone precursors, VOC, and NOX.
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The Denver-Boulder-Greeley-Ft. Collins-Loveland, Colorado
nonattainment area (Denver or the ``DMNFR area'') failed to attain the
2008 ozone NAAQS by the applicable attainment date for Moderate
nonattainment areas and was reclassified as a Serious nonattainment
area, effective January 27, 2020.2 3 Since the Denver
nonattainment area was reclassified as a Serious nonattainment area for
the 2008 ozone NAAQS, the State of Colorado was required to establish
an Enhanced I/M program equivalent to, or more stringent than, the
relevant program performance standard under 40 CFR 51.351.
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\2\ 84 FR 70897 (Dec. 26, 2019).
\3\ The Denver area has since been reclassified as Severe for
the 2008 ozone NAAQS. See 87 FR 60926 (Oct. 7, 2022).
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Colorado has maintained an Enhanced I/M program for the DMNFR area
since January 1, 1995. Colorado's Enhanced program was originally
required under CAA section 187(a)(6) due to the Denver area's
nonattainment designation and classification as Serious nonattainment
for the carbon monoxide NAAQS.\4\ The State maintained the Enhanced I/M
program between 1995 and the DMNFR area's reclassification as a Serious
ozone nonattainment area in 2020. Since Colorado had been operating an
I/M program meeting the Enhanced performance standard before
reclassification as a Serious ozone nonattainment area, no additional
program design elements were required by operation of the DMNFR area's
reclassification to Serious for the 2008 8-hr ozone NAAQS. Colorado
last demonstrated state program equivalency to the Enhanced program
performance standard in its Serious ozone SIP revisions. The EPA's
approval of this most recent demonstration of performance standard
equivalency became effective on June 8, 2023.\5\
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\4\ 59 FR 35875 (July 14, 1994).
\5\ 88 FR 29827 (May 9, 2023).
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Colorado Air Quality Control Commission's Regulation Number 11
(Regulation No. 11) includes all provisions for the implementation of
the State's Enhanced I/M program. Vehicles of the seven most recent
model years are exempt from the Colorado I/M program. Discussion of
program requirements in this and subsequent sections of this document
apply only to non-exempt vehicles. Colorado's Enhanced I/M program
utilizes on-board diagnostic (OBD) testing of vehicles that are eleven
years old and newer, the dynamometer-based IM240 test for gasoline-
powered light-duty vehicles (LDV) between model year 1982 and twelve
years old and a two-speed idle (TSI) test for all model year 1981 and
older gasoline LDV. Colorado also operates a remote sensing program to
fulfill the on-road testing requirement for Enhanced I/M programs under
40 CFR 51.351. All non-diesel fueled light-duty motor vehicles
registered in the DMNFR I/M program area are subject to these
inspections as a prerequisite to initial or renewed registration of the
vehicle with the State. Regulation No. 11, Part A, section I. Under
State law, 42-4-3-10, C.R.S., a vehicle owner must provide a
certification of emissions compliance or an emissions waiver when
applying to renew or initially register their subject vehicle.
On August 19, 2021, the Colorado Air Quality Control Commission
adopted changes to Regulation No. 11. The State of Colorado submitted
these changes to EPA as an I/M SIP revision with a cover letter dated
May 16, 2022. The May 16, 2022, Colorado submittal is available in the
docket for today's proposed action. Collectively, the submitted
revisions to Regulation No. 11 revise punctuation and style, provide
uniformity of regulatory language and internal organization of
Regulation No. 11, and make changes to requirements for visual
inspection of emission control equipment. The submitted revisions also
include state-only updates to emission limits with respect to the IM240
test to increase stringency of emission requirements for vehicles
tested under that inspection procedure. The state-only revisions were
excluded from the State's request to amend the federally enforceable
SIP provisions.
II. The EPA's Evaluation
A. Regulation No. 11--Part A
Colorado's I/M SIP revisions to Regulation No. 11, Part A make
several minor clerical and administrative changes to subsections
A.II.--Definitions, A.IV.--Clean Screen/Remote Emissions Sensing, and
A.V.--Expansion of the Enhanced Emissions Program to the North Front
Range Area. These changes include capitalization of a word in a
definition, changes to the style of subsection markers for internal
consistency of the regulation's notation format, and changes to the
style and format of notation for formerly repealed sections of Part A.
The revisions to Part A also include minor clerical and administrative
changes in subsection A.I.--Applicability as well as the removal of
reference in that subsection to the requirement of a visual inspection
of emission control equipment as a first-step prerequisite for all
emission certifications and vehicle registration renewals. The removal
of the visual inspection as a prerequisite for all emission
certifications will be discussed in more detail in section II.C. of
this preamble.
Given the nature of the submitted revisions to Regulation No. 11,
Part A, they have no impact on emission reduction benefits provided by
the Colorado I/M program and are consistent with CAA requirements.
B. Regulation No. 11--Part B
Colorado's I/M SIP revisions to Regulation No. 11, Part B are
limited to clerical and administrative changes to section XI.--Requests
for Approval of Clean Screen Test Analyzer Systems.
[[Page 38090]]
These clerical and administrative changes include grammatical
revisions, changes to style, and the removal of referential language,
such as ``above'', when referring to other paragraphs and subsections
of Regulation No. 11, Part B.
Given the nature of the submitted revisions to Regulation No. 11,
Part B, they have no impact on emission reduction benefits provided by
the Colorado I/M program and are consistent with CAA requirements.
C. Regulation No. 11--Part C
Colorado's 2022 I/M SIP revision includes amendments to Regulation
No. 11, Part C to make several minor clerical and administrative
changes. Minor revisions to Regulation No. 11, Part C include changes
to sections C.II.--Exhaust Emissions Inspection Procedures, C.III.--
Emissions Control Systems Inspection Procedures, C.VIII.--Certification
of Emissions Control, and C.XII--Clean Screen Inspection Program
Procedures. These minor revisions include updates to subsection
organizational notation, clerical revisions, changes to referential
language, and updates to citations of federal regulations. Minor
clerical changes to the organization of Regulation No. 11, Part C
include an addition of enumerated subparagraph notations under section
C.II.C.3. to clarify requirements for the readiness check of various
monitors during an OBD inspection. Other minor revisions include the
deletion of several instances of colloquial, referential language
throughout Part C to refer to other sections and paragraphs of
Regulation No. 11. Intra-regulation references such as ``above'',
``below'', or ``this Paragraph'' are either deleted or deleted and
replaced with explicit citations to the proper, referenced section of
Regulation No. 11 to improve clarity. Colorado also updated a
Regulation No. 11, Part C reference to 40 CFR part 86 to update the
noted location of federal emission regulations for light-duty vehicles
and light-duty trucks.
The 2022 revisions to Part C also make substantive changes to
visual inspection procedures, aftermarket catalytic converter repair
requirements, and clarification of responsible parties for issuance of
emissions certification in cases of vehicle engine swaps. Substantive
changes to Regulation No. 11, Part C include the modification of the
visual inspection procedure for inspected vehicles. Sections of Part C
affected by the modification of the visual inspection procedures are
sections III. and VIII. Colorado has removed the requirement for a
visual inspection of emission control devices on all inspected vehicles
between model years 1975 and 1995 as a first-step prerequisite to
issuing an emissions certification. Part C, section III.A., containing
most of the language on this requirement has been repealed. The listing
of a successful visual inspection of emission control devices on model
year (MY) 1975-1995 vehicles has also been repealed as a prerequisite
for certification of emissions compliance under section VIII.A. of Part
C. However, Colorado maintains the requirement that any waiver of the
certification of emissions compliance will not be granted without a
visual inspection of the vehicle's emission control devices.
Accordingly, Colorado has included revisions to Part C, section VIII.B.
to preserve the visual inspection as a prerequisite to the issuance of
an emissions waiver. A discussion that approval of the removal of the
mandatory visual inspection of particular emission control devices on
all MY 1975-1995 vehicles would not result in interference under CAA
section 110(l) is contained in section II.E. of this proposal.
Colorado has also revised Regulation No. 11, Part C, section III.C.
to modify aftermarket catalytic converter requirements. The 2022 I/M
SIP revision requires the replacement of catalytic converters, when
necessitated by failed vehicle inspections, shall only be made with
original equipment manufacturer devices or California Air Resource
Board (CARB) approved aftermarket components. This revision reflects
Colorado's adoption of California aftermarket catalytic converter
requirements elsewhere in the State's regulations.\6\ Colorado adopted
California aftermarket parts requirements, effective January 1, 2021.
CARB-approved catalytic converters have tighter criteria pollutant
reduction requirements and higher durability requirements than federal
standard aftermarket converters; therefore, Colorado's revisions to
Regulation No. 11 to reflect the adoption of these California
aftermarket catalytic converter requirements will not reduce the
emission reduction benefits produced by the I/M program.
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\6\ 5 Code Colo. Regs. 1001-24, Part C.
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Colorado has also revised Regulation No. 11, Part C, section XI. to
clarify that vehicle engine replacements will be certified as
conforming to the applicable emission requirements by an I/M program
certified emissions technical center licenser or their designee. This
revision is administrative in nature and will not reduce the emission
reduction benefits produced by the I/M program.
D. Regulation No. 11--Part D
Colorado's 2022 I/M SIP revision includes amendments to Regulation
No. 11, Part D to make several minor clerical and administrative
changes. Minor revisions to Regulation No. 11, Part D include clerical
changes to sections I. and III. to improve consistency of style of
subsection notation and other typographic elements.
Colorado has also revised Part D, sections I. and II. to remove
references to visual inspection procedures which are now irrelevant
after the State made its concurrent revisions to Part C, as discussed
in section II.C. of this preamble. The revisions to Regulation No. 11,
Part D are administrative and clerical in nature and will not reduce
the emission reduction benefits produced by the I/M program.
E. CAA Section 110(l) Noninterference Evaluation
Section 110(l) of the CAA requires that EPA not approve a revision
to a SIP ``if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement of [the CAA].'' In evaluating
Colorado's submitted SIP revision, EPA considered whether approval of
the revision would result in interference under CAA section 110(l).
Consequently, an analysis of whether EPA's approval of the Colorado SIP
revision would be consistent with CAA section 110(l) is presented here.
The May 16, 2022, Colorado SIP revision submittal revised the
elements of the State's existing vehicle inspection program necessary
to obtain a certificate of emissions compliance or a certification of
emissions waiver. The certificate of emissions compliance is required
to register, or transfer ownership of a vehicle, subject to the
Colorado I/M program's applicability thresholds, in the DMNFR I/M
program area. A certification of emissions waiver may be issued to a
vehicle for vehicle registration under certain conditions if it fails
the State's exhaust emissions inspection, emissions control system
inspection, or OBD inspection procedures.
Under the prior, approved SIP version, between January 1, 2015, and
the 2022 revision, light-duty vehicles were required to undergo the
following inspections and tests:
Exhaust Emissions Inspection: All light-duty vehicles
model year (MY) 1982 or newer were required to undergo an IM240 test,
or an OBD test, and obtain a pass/fail determination. Regulation No.
11, Part C, section II.B. & II.C. (2015).
[[Page 38091]]
Emissions Control Systems Inspection: All vehicles must be
configured as required by 40 CFR part 86, unless specific documentation
is provided. All MY 1975-1995 vehicles were required to undergo a
visual inspection for the presence and operability of the air system,
catalytic converter system, and oxygen (O2) systems. Regulation No. 11,
Part C, section III.A. & III.B. (2015).
If a light duty vehicle passes the exhaust emission inspection and
there are no visible smoke emissions from the vehicle, and if an MY
1975-1995 vehicle also passes the emission control systems inspection,
the vehicle is issued a certification of emissions compliance.
Regulation No. 11, Part C, section VIII.A. (2015). Vehicles that do not
qualify for a certification of emission compliance could be issued a
waiver if, among other qualifying conditions, the vehicle passes the
emission control systems inspection, there are no visible smoke
emissions from the vehicle, and the testing staff determine the vehicle
has not been tampered with. Regulation No. 11, Part C, section VIII.B.
(2015).
Under the May 16, 2022, SIP revision, light-duty vehicles are
required to undergo the following inspections and tests:
Exhaust Emissions Inspection: All light-duty vehicles
model year (MY) 1982 or newer are required to undergo an IM240 test, or
an OBD test, and obtain a pass/fail determination. Regulation No. 11,
Part C, section II.C. & II.D.
Emissions Control Systems Inspection: All motor vehicles
must be configured as required by 40 CFR part 86, unless specific
documentation is provided. Vehicles subject to an OBD test for the
Exhaust Emissions Inspection are required to undergo assessment of the
emissions control system Malfunction Indicator Lamp (MIL) (i.e., check-
engine light) and obtain a pass/fail determination. Regulation No. 11,
Part C, section III.A. & III.B.
Under the effective revisions to Regulation No. 11, if a light duty
vehicle passes the exhaust emission inspection and there are no visible
smoke emissions from the vehicle, the vehicle may be issued a
certification of emissions compliance. Regulation No. 11, Part C,
section VIII.A. Vehicles that do not qualify for a certification of
emission compliance can be issued a waiver if there are no visible
smoke emissions from the vehicle and the testing staff determine the
vehicle has not been tampered with. The tampering determination must be
based on an evaluation, including a visual emissions control system
inspection, for MY1975 and newer cars. Regulation No. 11, Part C,
section VIII.B. (2015).
In short, the primary change made by the May 2022 SIP submission is
that MY 1975 through 1995 vehicles are no longer subject to a
preliminary, mandatory visual inspection for the presence and proper
function of the ``air system, catalytic converter system and oxygen
systems'' \8\ as a pre-requisite for a certification of emissions
compliance. In substitution for the across-the-board visual inspection
requirement of these components for all MY 1975-1995 vehicles, the
newer emission control systems inspection procedure now requires
vehicles first go through the previously approved exhaust emission
inspection procedures maintained by the program. If a vehicle fails
these exhaust emission inspection procedures, it will be required to
receive a visual inspection for these components as an additional
condition for receiving an emissions waiver. Alternatively, the failing
vehicle can either be repaired and retested or will not be re-
registered.
For 20 years, EPA has consistently interpreted CAA section 110(l)
as prohibiting the EPA from approving a ``revision of a [SIP] if the
revision would interfere with any applicable requirement concerning
attainment and reasonable further progress [. . .], or any other
applicable [CAA] requirement.'' To ``interfere'' means to hamper,
frustrate, hinder, or impede any applicable CAA provision.\7\
Therefore, EPA's approval of a SIP revision would be consistent with
section 110(l) so long as ``emissions in the air are not increased,''
and ``status quo air quality'' is preserved.\8\ The appropriate
analysis under section 110(l) is not standardized and is determined on
a case-by-case basis given the nature of the SIP revision.\9\ To
demonstrate noninterference where EPA anticipates that a SIP revision
may result in increased emissions, a state may either substitute
equivalent or greater emission reductions in order to preserve status
quo air quality or submit an air quality analysis showing that the SIP
revision will not interfere with any applicable requirements.\10\
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\7\ Bryan A. Garner, Garner's Dictionary of Legal Usage 570 (3d
ed. 2011); see also Merriam-Webster's Collegiate Dictionary 652
(11th ed. 2005) (``to interpose in a way that hinders or impedes'').
\8\ Ky. Res. Council, Inc. v. EPA, 467 F.3d 986, 991 (6th Cir.
2006); see also Indiana v. EPA, 796 F.3d 803, 806 (7th Cir. 2015);
Ala. Env't Council v. EPA, 711 F.3d 1277, 1292-93 (11th Cir. 2013);
Galveston-Houston Ass'n for Smog Prevention v. EPA, 289 F. App'x
745, 754 (5th Cir. 2008).
\9\ Center for Biological Diversity v. EPA, 75 F.4th 174, 181
(3rd Cir. 2023).
\10\ See Ky. Res. Council, Inc. v. EPA, 467 F.3d at 995.
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Accordingly, EPA must evaluate whether the revised program's
procedures provide a reasonable substitute for the mandatory visual
inspection procedures of all MY 1975-1995 light-duty vehicles, as
required in Regulation No. 11 previous to the 2022 SIP revision.
Therefore, the EPA evaluated whether the program's exhaust emission
inspection procedures provide suitable safeguards to compensate for the
removal of across-the-board visual inspections for the presence and
function of these emission control components.
The emission inspection procedures maintained by the Colorado I/M
program are designed in accordance with EPA requirements in 40 CFR part
51, subpart S and are SIP-approved. Principally, the EPA requirements
for tailpipe emission inspection procedures are designed to ensure
state I/M programs can reliably identify high-emitting vehicles due to,
among other things, malfunctioning or inoperative emission control
components such as catalytic converters and oxygen systems. The visual
inspection of the particular emission control components in question is
not one of the test elements included in the Enhanced I/M performance
standard outlined in 40 CFR 51.351(i) for areas designated and
classified under the 8-hour ozone standard. The air, catalytic
converter and oxygen systems are more critical to reducing emissions of
ozone precursors than the components listed in the component inspection
element of the Enhanced I/M performance standard. We therefore maintain
that the revised, streamlined emission control component inspection
compares favorably to the emission control component inspection element
of the Enhanced performance standard. Also, given the subjective nature
of visual inspections, Colorado's proposed approach would not decrease
the benefits or effectiveness of Colorado's I/M program. Therefore, it
is reasonable to determine that it is equally, or more, effective to
test tailpipe emissions of all MY 1975-1995 light-duty vehicles to
identify vehicles for which these components were malfunctioning,
absent, or inoperative as it is to visually inspect for the same
problems.
The Colorado revisions evaluated in this proposal streamline the
program's overall visual emission control inspection procedures by
limiting visual inspections to vehicles which have
[[Page 38092]]
already failed a tailpipe emissions test or OBD test. Colorado's
tailpipe emissions tests and OBD testing are EPA-approved inspection
procedures and are capable of making a positive discovery of a vehicle
with malfunctioning or tampered emission control devices. Further,
tailpipe emissions and OBD tests may eliminate visual inspection error
and errors in inspector decision-making. Therefore, removal of the
visual inspection procedure as a first-pass inspection feature is
unlikely to negatively affect program performance. Additionally, this
regulatory streamlining does not outright remove the visual inspection
requirement and vehicles with visually detectable tampering will still
fail to receive the State's inspection certification or a waiver of
that certification. As stated above, there is no reasonable basis to
assess that the revisions to Regulation No. 11 Part C discussed here
will reduce the emission reduction benefits produced by the I/M
program. Without cause to believe the revisions will measurably reduce
the I/M program's emission reduction benefits, the EPA concludes that
status-quo air quality will be preserved under the substitute program
visual inspection procedure. Therefore, EPA's proposed approval of
these SIP revisions would not result in interference with attainment,
reasonable further progress, or any other applicable CAA requirement
and approval would be consistent with CAA section 110(l).
III. Proposed Action
The EPA is proposing to approve changes to the Colorado SIP-
approved I/M program regulation as provided in the State's May 16, 2022
submittal. These SIP revisions include changes to Colorado Code of
Regulations (CCR) number: 5 CCR 1001-13 Regulation No. 11, Part A,
sections I.--Applicability, II.--Definitions, IV.--Clean Screen/Remote
Emissions Sensing, and V.--Expansion of the Enhanced Emissions Program
to the North Front Range Area; Part B, section XI.--Requests for
Approval of the Clean Screen Test Analyzer Systems; Part C, sections
II.--Exhaust Emissions Inspection Procedures, III.--Emissions Control
Systems Inspection Procedures, VIII.--Certification of Emissions
Control, XI.--Engine Changes, and XII.--Clean Screen Inspection Program
Procedures; and Part D, sections 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, II.--Qualification of Emissions
Mechanics and Emissions Inspectors, and III.--Registration of Emissions
Related Repair Facilities. The EPA has made the preliminary
determination that the submitted changes to SIP-approved regulations
are consistent with CAA requirements; therefore, the EPA is proposing
to incorporate these changes into the Colorado SIP.
The EPA is not proposing action on changes to Regulation No. 11,
Part F. These changes, although submitted in the same package as the
revisions EPA is proposing for approval in this action, were clearly
marked as ``state only'' revisions. The purpose of these state-only
revisions was to increase the stringency of tailpipe emission
thresholds for vehicle certification. As state-only revisions, the EPA
will not evaluate the consistency of the revisions with respect to the
relevant CAA and Federal regulation requirements.
IV. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Colorado Air Quality Control Commission
Regulation Number 11 rules, 5 CCR 1001-13--Part A, sections I., II.,
IV. and V., Part B, section XI., Part C, sections II., III., VIII.,
XI., and XII., and Part D, sections I., II., and III.--as set forth
above. The EPA has made, and will continue to make, these materials
generally available through https://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).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 Orders 12866 (58
FR 51735, October 4, 1993);
Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review 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, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 24, 2025.
Cyrus M. Western,
Regional Administrator, Region 8.
[FR Doc. 2025-14982 Filed 8-6-25; 8:45 am]
BILLING CODE 6560-50-P