Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Motor Vehicle Inspection and Maintenance Program and Associated Revisions, 41035-41039 [2018-17805]
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Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Proposed Rules
(3) The Coast Guard Patrol
Commander may terminate the event, or
the operation of any participant, at any
time it is deemed necessary for the
protection of life or property.
(4) The Race Area is an area described
by a line bounded by coordinates
provided in latitude and longitude that
outlines the boundary of a Race Area
within the regulated area defined in
paragraph (b)(2) of this section. The
actual placement of the race course will
be determined by the marine event
sponsor but must be located within the
designated boundaries of the Race Area.
Only participants and official patrol
vessels are allowed to enter the Race
Area.
(5) The Buffer Zone is an area that
surrounds the perimeter of the Race
Area within the regulated area defined
in paragraph (b)(3) of this section. The
purpose of a Buffer Zone is to minimize
potential collision conflicts with
participants and spectators or nearby
transiting vessels. This area provides
separation between the Race Area and
Spectator Area or other vessels that are
operating in the vicinity of the regulated
area defined in paragraph (b)(1) of this
section. Only participants and official
patrol vessels are allowed to enter the
Buffer Zone.
(6) The Spectator Area is an area
described by a line bounded by
coordinates provided in latitude and
longitude that outlines the boundary of
a spectator area within the regulated
area defined in paragraph (b)(4) of this
section. Spectators are only allowed
inside the regulated area if they remain
within the Spectator Area. All spectator
vessels shall be anchored or operate at
a no-wake speed while transiting within
the Spectator Area. Spectators may
contact the Coast Guard Patrol
Commander to request permission to
either enter the Spectator Area or pass
through the regulated area. If permission
is granted, spectators must enter the
Spectator Area or pass directly through
the regulated area as instructed at safe
speed and without loitering.
(7) The Coast Guard Patrol
Commander and official patrol vessels
enforcing this regulated area can be
contacted on marine band radio VHF–
FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). Persons and
vessels desiring to transit, moor, or
anchor within the regulated area must
obtain authorization from Captain of the
Port Maryland-National Capital Region
or Coast Guard Patrol Commander. The
Captain of the Port Maryland-National
Capital Region can be contacted at
telephone number 410–576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz). The Coast Guard Patrol
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Commander can be contacted on Marine
Band Radio, VHF–FM channel 16 (156.8
MHz).
(8) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio.
(d) Enforcement periods. This section
will be enforced from 7:30 a.m. to 5:30
p.m. on October 6, 2018 and from 7:30
a.m. to 5:30 p.m. on October 7, 2018.
Dated: August 13, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2018–17763 Filed 8–16–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–0AR–2018–0530; FRL–9982–03—
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Colorado; Motor Vehicle Inspection
and Maintenance Program and
Associated Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing approval of
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 selfinspecting vehicle fleets to use the OnBoard 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: Written comments must be
received on or before September 17,
2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2018–0530, to the Federal
Rulemaking Portal: https://
SUMMARY:
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www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
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 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
either electronically in
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. The EPA requests that if at
all possible, you contact the individual
listed in the 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: Tim
Russ, Air Program, EPA, Region 8, Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6479, or russ.tim@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
Colorado’s Regulation Number 11
(hereafter ‘‘Reg. No. 11’’) addresses the
implementation of the State’s motor
vehicle inspection and maintenance (I/
M) program. The I/M program consists
of an ‘‘enhanced’’ component that
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utilizes a dynamometer-based EPA
IM240 1 test for 1982 and newer lightduty gasoline vehicles and a two-speed
idle test (TSI) 2 for 1981 and older lightduty gasoline vehicles. To improve
motorist convenience and reduce
program implementation costs, the State
also administers a remote sensing-based
‘‘Clean Screen’’ component of the I/M
program. Remote sensing is a method
for measuring vehicle emissions, while
simultaneously photographing the
license plate, when a vehicle passes
through infrared or ultraviolet beams of
light. Owners of vehicles meeting the
Clean Screen criteria are notified by the
County Clerk that their vehicles have
passed the motor vehicle inspection
process and are exempt from their next
regularly scheduled IM240 test.
The Clean Screen program component
of Colorado’s Reg. No. 11 was originally
approved, for implementation in the
Metro-Denver area, with the Denver
carbon monoxide redesignation to
attainment and maintenance plan (see:
66 FR 64751, December 14, 2001). The
Clean Screen criteria that was approved
in 2001 by the EPA required two valid
passing remote sensing readings on
different days or from different sensors,
that met the applicable emissions
reading requirements in Part F of Reg.
No. 11, within a 12-month period to
clean-screen a vehicle (see 66 FR 44097,
August 22, 2001).
Colorado revised Reg. No. 11 to
expand the definition and requirements
for a ‘‘clean-screened vehicle’’ to also
include vehicles identified as low
emitting vehicles in the statedetermined LEI which have one passing
remote sensing reading prior to the
vehicle’s registration renewal date. As
part of the LEI process, the Colorado
Department of Public Health and
Environment, Air Pollution Control
Division (APCD) develops an LEI on or
before July 1 of each year. The LEI is
based on a tabulation of the previous
calendar year’s IM240 inspection
program results for specific make,
model, and model year vehicles that
passed IM240 vehicle inspections the
previous year at a minimum rate of
98%.
1 See 40 CFR part 51, subpart S for a complete
description of EPA’s IM240 test. The IM240 test is
essentially an enhanced motor vehicle emissions
test to measure mass tailpipe emissions while the
vehicle follows a computer generated driving cycle
trace for 240 seconds and while the vehicle is on
a dynamometer.
2 See 40 CFR part 51, subpart S for a complete
description of EPA’s two-speed idle test. The twospeed idle test essentially measures the mass
tailpipe emissions of a stationary vehicle; one
reading is at a normal idle of approximately 700 to
800 engine revolutions per minute (RPM) and one
reading at 2,500 RPM.
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Beginning in January 2015, Colorado
also began implementing an OBD test
for certain model year vehicles. An OBD
I/M test essentially means the electronic
retrieval, by connecting an OBD test
analyzer to the computer port data link
in the vehicle, of information from a
vehicle’s computer system. The
electronic information retrieved
includes stored readiness status,
diagnostic trouble codes (DTC),
malfunction indicator light (MIL)
illumination and other data. If emission
related DTCs are present or the MIL is
commanded on, that would indicate an
emissions related malfunction.3
In addition, Colorado also extended
the Reg. No. 11 exemption from I/M
testing for new vehicles from 4 years to
7 years. This revision was based on
Colorado’s gathering of emissions
testing information over a period of
several years, which demonstrated that
historically new and newer vehicles
typically did not fail the IM240 or OBD
emissions test within the first seven
years of the vehicle’s life.
II. What action is the Agency taking?
As explained below, the EPA is
proposing to approve various revisions
to Colorado’s Reg. No. 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 Reg. No. 11 and the
deletion of obsolete language. More
specifically, the substantive SIP
revisions involve:
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
3 The EPA required that OBD II testing
requirements be in place by January 1, 2002 (66 FR
18156; April 5, 2001). All 1996 and newer model
year light duty gasoline and alternate fuel passenger
cars and trucks are required to have OBD II systems.
OBD–II is an improvement over OBD–I in both
capability and standardization. The OBD–II
standard specifies the type of diagnostic connector
and its pinout, the electrical protocols available,
and the messaging format. The OBD–II standard
provides a list of standardized DTCs. OBD–II
standardization was prompted to simplify diagnosis
of increasingly complicated emissions equipment.
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utilize the more effective and more
convenient OBD II 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 with regard
to OBD testing criteria.
l. Revisions to Appendix A,
Attachment IV, Section 2.2, and the
deletion of Appendix B in its entirety
such as to remove obsolete
specifications and procedures for
vehicle inspection analyzer calibration
gasses.
m. Corrections of typographical,
grammatical, and formatting errors
throughout Reg. No. 11.
We note that the specific basis for our
proposed action and our analyses and
findings are discussed in this proposed
rulemaking. Technical information that
we relied upon in this proposal is
contained in the docket, available at
https://www.regulations.gov, Docket No.
EPA–R08–OAR–2018–0530.
III. What was the State’s process?
Section 110(a)(2) of the CAA requires
that a state provide reasonable notice
and public hearing before adopting a
SIP revision and submitting it to us.
The State’s February 20, 2015 SIP
Submittal
On October 16, 2014, the Colorado Air
Quality Control Commission (AQCC)
conducted a public hearing to consider
the adoption of revisions and additions
to the Colorado SIP. The revisions
affecting the SIP involved the Reg. No.
11 revisions noted above and as
discussed below in section IV. There
were no public comments. After
conducting a public hearing, the AQCC
adopted the proposed revisions to Reg.
No 11 on October 16, 2014. The SIP
revisions became State effective on
November 30, 2014.
We evaluated the State’s February 20,
2015 SIP submittal for Reg. No. 11 and
determined that the State met the
requirements for reasonable notice and
public hearing under section 110(a)(2)
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of the CAA. By operation of law under
section 110(k)(1)(B) of the CAA, the
State’s February 20, 2015 submittal was
deemed complete on August 20, 2015.
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The State’s May 14, 2018 SIP Submittal
On May 17, 2017, the AQCC
conducted a public hearing to consider
the adoption of revisions and additions
to the Colorado SIP. The revisions
affecting the SIP involved the Reg. No.
11 revisions noted above and as
discussed below in section V. There
were no public comments. After
conducting a public hearing, the AQCC
adopted the proposed revisions to Reg.
No. 11 on May 17, 2017. The SIP
revisions became State effective on
September 30, 2017.
We evaluated the State’s May 14, 2018
SIP submittal for Reg. No. 11 and
determined that the State met the
requirements for reasonable notice and
public hearing under section 110(a)(2)
of the CAA. In addition, our evaluation
of the SIP revisions submittal also
concluded that it met the minimum
‘‘completeness’’ criteria found in 40
CFR part 51, Appendix V.
IV. EPA’s Evaluation of the State’s 2015
Revisions to Part A, Part B, Part C, Part
F, Appendix A and Appendix B
The sections of Reg. No. 11 that were
revised with the State’s February 20,
2015 submittal were as follows:
1. Part A, section II: Add a new
definition number 50, ‘‘Tampering.’’
Renumber definitions number 51 and
higher. The new definition is consistent
with the prohibitions in CAA section
203(a)(3)(A).
2. Part B, section IV: Modify section
IV.B to require span gases to be labelled
in accordance with Attachment VI of
Appendix A and to require span and
calibration gas suppliers to be approved
by the Colorado Automobile Inspection
and Readjustment (AIR) Program
Standards Lab.
3. Part C, section II: Modify section
II.B.4 to replace specific criteria for
eligibility for an alternative test to the
IM240 test with an eligibility list that is
maintained in the Colorado APCD
Emission Technical Center Procedures
Manual.
4. Part C, section II: Modify section
II.C to indicate that effective July 1,
2015, 1996 and newer light duty
vehicles that are owned by a fleet that
operates a Fleet Inspection Station shall
administer an OBD test as specified in
40 CFR 85.2222.
5. Part C, section VIII: Modify sections
VIII.B.1 to require, as part of eligibility
for an emissions test waiver, there are
no visible smoke emissions from the
vehicle’s exhaust, there has been no
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tampering, and VIII.B.3 (renumbered to
VIII.B.2) to clarify requirements for
expenditures needed to qualify for an
emissions test waiver. Remove prior
sections VIII.B.2, VIII.B.4, and VIII.B.5.
We note that section VIII.B.2 involved
certain aspects of the basic I/M program
that are obsolete and sections VIII.B.4
and VIII.B.5 contained emissions
reduction and operating parameter
requirements that are not required
under 40 CFR 51.360 for waivers.
6. Part C, section VIII: Modify section
VIII.C to require a vehicle to be
evaluated via an IM240 test if the OBD
MIL remains illuminated even after the
maximum expenditure for repairs has
been met.
7. Part C, section VIII: Modify section
VIII.D.1 to add failure for an OBD test.
8. Part C, section VIII: Modify section
VIII.F to remove unnecessary language
regarding the generation of an emissions
sticker and removal of the prior
emissions sticker by an emissions
inspector.
9. Part C, section IX: Remove this
section in its entirety to delete obsolete
language regarding engine and
emissions equipment adjustment
procedures. These procedures are no
longer performed by inspectors; instead,
if a vehicle does not pass the owner
must have the necessary repairs done
before the vehicle is retested.
10. Part C, section X: Modify section
X.A and X.B to include provisions for
emissions related repairs that are
necessary to extinguish the OBD MIL
light.
11. Part C, section X: Modify section
X.C to state the specific requirements to
meet the emissions maximum
expenditure for repairs cost limit, with
respect to an OBD test, in order for a
vehicle to be eligible to apply for a
waiver.
12. Part F, section VI: The State
modified section VI.B.3 to remove a
98% passing criteria for Clean Screen
vehicles and instead indicate the
passing criteria would be based on
sound scientific evidence. The EPA is
not acting on this revision in the State’s
February 20, 2015 SIP submittal, as it
has been superseded by the 2018
revisions.
13. Part F, section VI: The State added
section VI.B.4 to include that the State
would establish the low emitting
vehicle index, without review by the
EPA or the public, and would retain the
low emitting vehicle index in the State’s
Emission Technical Center Procedures
Manual. The EPA is not acting on this
revision in the State’s February 20, 2015
SIP submittal, as it has been superseded
by the May 14, 2018 submitted
revisions.
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14. Appendix A, Technical
Specifications: Modify section 2.11 to
remove a reference to gas blender
specifications in the obsolete Appendix
B and change to indicate as approved by
the Colorado APCD.
15. Appendix A, Technical
Specifications, Attachment IV: Modify
section IV.2.2 to indicate that the
Colorado97 procedure shall use two triblend span gas blends that meet the
California BAR97 span gas low (blend
31) and high (blend 34) specifications.
16. Appendix A, Technical
Specifications, Attachment IV: Modify
section IV.2.3 to indicate that audit
gases shall meet the California BAR97
audit gas specification.
17. Appendix A, Technical
Specifications, Attachment VI: Modify
section VI to revise the label figure to
indicate that it represents the Coloradoapproved calibration span gas.
18. Appendix B, Standards and
Specifications for Calibration/Span Gas
Suppliers: Appendix B was removed by
the State in its entirety as it contained
obsolete specifications and procedures
for inspection analyzer calibration
gases.
V. EPA’s Evaluation of the State’s 2018
Revisions to Part C, Part D, Part F and
Appendix A
The sections of Reg. No. 11 that were
revised with the State’s May 14, 2018
submittal were as follows:
1. Part C, section II: Modify section
II.C.3.a to replace the existing monitor
readiness evaluation with a monitor
readiness evaluation that ensures that
the oxygen sensor and/or heated oxygen
sensor monitor(s) shall be ready if
supported, the catalyst monitor shall be
ready if supported, 2001 and newer
vehicles shall only be allowed to have
one supported monitor in a not ready
status, and 2000 and older vehicles shall
only be allowed to have two supported
monitors in a not ready status. In
addition, if the above criteria are not
met and the vehicle’s MIL light is
commanded off, then the vehicle will be
required to be evaluated via an IM240
test.
2. Part C, section II: Modify section
II.C.9 to indicate that for the 5 percent
vehicles that are selected at random
from the OBD test for a subsequent
IM240 test, the IM240 test shall be the
pass/fail determination for these
vehicles.
3. Part C, section II: New section
II.C.10 that states if the vehicle’s OBD
responds that the catalyst readiness
monitor is not supported and that all
readiness monitors are supported, or if
any other OBD tampering indicators are
present, then the OBD test will be failed.
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4. Part D, section I: Modify sections
I.B to remove sections I.B.5, I.B.6 and
I.B.7 to delete obsolete terms and
renumber the remaining sections in I.B.
5. Part D, section I: Modify
renumbered section I.B.10 to indicate
that renumbered sections I.B.5 and I.B.6
are not required for licensing as an
inspection-only station or inspectiononly facility.
6. Part D, section I: Remove prior
numbered section I.B.15 as it contains
obsolete language.
7. Part F, section VI: Modify section
VI.B.1 to remove the restricting term
‘‘IM240’’ which then allows all types of
test results to be evaluated.
8. Part F, section VI: Modify section
VI.B.2 to remove the unnecessary term
‘‘exhaust.’’
9. Part F, section VI: Modify section
VI.B.3 to remove the minimum 98%
passing rate criteria for the LEI and
instead require that the passing rate
criteria ensures equivalent air quality
benefits as a second remote sensing test.
10. Part F, section VI: Modify section
VI.B.4 to remove prior language and to
add that the passing rate criteria for the
LEI, as established by the APCD, will be
maintained and contained in the
APCD’s Emissions Technical Center
Procedures Manual, and will be
submitted to the EPA on or before July
1 of each year.
11. Part F, section VII: Modify section
VII to remove the obsolete sections VII.E
and VII.F.
12. Appendix A, Technical
Specifications, Attachment V: Modify
Attachment V ‘‘Specifications for
Colorado On-Board Diagnostic (OBD)
Stand-Alone Analyzer’’ to remove the
obsolete language regarding readiness
criteria for a vehicle’s oxygen sensor,
catalyst sensor and the allowable
number of not-ready sensors for 2001
and newer vehicles and 2000 and older
vehicles. The revised language now
contains overall requirements for OBD
readiness such that if the readiness
evaluation indicates that a vehicle has
more than one unset (not ready)
readiness monitor, and the MIL is
commanded off, then the inspection is
automatically aborted with the reason
printed out on the Vehicle Inspection
Report.
VI. Conclusion
Our review of the State’s Reg. No. 11
revisions, as presented above in sections
IV and V, involved numerous revisions
to Reg. No. 11 Parts A, B, C, D, F,
Appendix A, the deletion of Appendix
B, and overall formatting, correction of
typographic errors and other nonsubstantive changes. Based on our
review and evaluation discussed above,
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we propose that the Reg. No. 11 SIP
revisions, submitted by the State in
letters dated February 20, 2015, and
May 14, 2018, sufficiently address
applicable provisions in 40 CFR part 51,
subpart S, 40 CFR part 85, subpart W,
and that our approval is warranted.
VII. Consideration of Section 110(1) of
the Clean Air Act
Section 110(1) 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
National Ambient Air Quality Standard
or any other applicable requirement of
the CAA. In view of the evaluations
presented in sections IV and V above,
the EPA proposes that the revisions to
Colorado’s Reg. No. 11 that are
contained in the State’s SIP submittals
dated February 20, 2015, and May 14,
2018 will not interfere with attainment,
reasonable further progress, or any other
applicable requirement of the CAA.
VIII. Proposed Action
The EPA is proposing approval of the
February 20, 2015, submitted SIP
revisions to Colorado’s Regulation
Number 11, Part A, Part B, Part C, Part
F, Appendix A and the deletion of
Appendix B. The EPA notes that
revisions to Part F, sections VI.B.3 and
VI.B.4 were also provided with the
State’s February 20, 2015 submittal. The
EPA is not proposing action on these
sections of Part F for the reasons noted
above in section IV of this action.
In addition, the EPA is proposing
approval of the May 14, 2018, submitted
SIP revisions to Regulation Number 11,
Part C, Part D, Part F and Appendix A.
IX. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the amendments described in sections
IV and V, above. 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).
X. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
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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 action
merely proposes to approve 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) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals 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, 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 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
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, 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 proposed 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).
E:\FR\FM\17AUP1.SGM
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Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Proposed Rules
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: August 13, 2018.
Douglas Benevento,
Regional Administrator, EPA Region 8.
[FR Doc. 2018–17805 Filed 8–16–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2017–0414; FRL–9981–82]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing significant
new use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for 27
chemical substances which were the
subject of premanufacture notices
(PMNs). The chemical substances are
subject to Orders issued by EPA
pursuant to section 5(e) of TSCA. This
action would require persons who
intend to manufacture (defined by
statute to include import) or process any
of these 27 chemical substances for an
activity that is designated as a
significant new use by these rules to
notify EPA at least 90 days before
commencing that activity. The required
notification initiates EPA’s evaluation of
the intended use within the applicable
review period. Persons may not
commence manufacture or processing
for the significant new use until EPA
has conducted a review of the notice,
made an appropriate determination on
the notification, and has taken such
actions as are required with that
determination. In addition to this notice
of proposed rulemaking, EPA is issuing
the action as a direct final rule
elsewhere in this issue of the Federal
Register.
amozie on DSK3GDR082PROD with PROPOSALS1
SUMMARY:
Comments must be received on
or before September 17, 2018.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2017–0414, by
one of the following methods:
DATES:
VerDate Sep<11>2014
17:22 Aug 16, 2018
Jkt 244001
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
telephone number: (202) 564–9232;
email address: moss.kenneth@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
In
addition to this Notice of Proposed
Rulemaking, EPA is issuing the action
as a direct final rule elsewhere in this
issue of the Federal Register. For further
information about the proposed
significant new use rules, please see the
information provided in the direct final
action, with the same title, that is
located in the ‘‘Rules and Regulations’’
section of this issue of the Federal
Register.
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: August 3, 2018.
Mark A. Hartman,
Acting Director, Office of Pollution Prevention
and Toxics.
[FR Doc. 2018–17349 Filed 8–16–18; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
41039
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 88
[NIOSH Docket 094]
World Trade Center Health Program;
Petition 019—Irritable Bowel
Syndrome; Finding of Insufficient
Evidence
Centers for Disease Control and
Prevention, HHS.
AGENCY:
Denial of petition for addition of
a health condition.
ACTION:
On May 17, 2018, the
Administrator of the World Trade
Center (WTC) Health Program received
a petition (Petition 019) to add irritable
bowel syndrome (IBS) to the List of
WTC-Related Health Conditions (List).
Upon reviewing the scientific and
medical literature, including
information provided by the petitioner,
the Administrator has determined that
the available evidence does not have the
potential to provide a basis for a
decision on whether to add IBS to the
List. The Administrator also finds that
insufficient evidence exists to request a
recommendation of the WTC Health
Program Scientific/Technical Advisory
Committee (STAC), to publish a
proposed rule, or to publish a
determination not to publish a proposed
rule.
SUMMARY:
The Administrator of the WTC
Health Program is denying this petition
for the addition of a health condition as
of August 17, 2018.
DATES:
Visit the WTC Health
Program website at https://
www.cdc.gov/wtc/received.html to
review Petition 019.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Rachel Weiss, Program Analyst, 1090
Tusculum Avenue, MS: C–48,
Cincinnati, OH 45226; telephone (855)
818–1629 (this is a toll-free number);
email NIOSHregs@cdc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. WTC Health Program Statutory Authority
B. Procedures for Evaluating a Petition
C. Petition 019
D. Review of Scientific and Medical
Information and Administrator
Determination
E. Administrator’s Final Decision on Whether
To Propose the Addition of IBS to the
List
F. Approval To Submit Document to the
Office of the Federal Register
E:\FR\FM\17AUP1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Proposed Rules]
[Pages 41035-41039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17805]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-0AR-2018-0530; FRL-9982-03--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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of 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: Written comments must be received on or before September 17,
2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2018-0530, 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
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
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 either electronically
in www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. The EPA requests that if at all possible,
you contact the individual listed in the 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: Tim Russ, Air Program, EPA, Region 8,
Mail-code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129,
(303) 312-6479, or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
Colorado's Regulation Number 11 (hereafter ``Reg. No. 11'')
addresses the implementation of the State's motor vehicle inspection
and maintenance (I/M) program. The I/M program consists of an
``enhanced'' component that
[[Page 41036]]
utilizes a dynamometer-based EPA IM240 \1\ test for 1982 and newer
light-duty gasoline vehicles and a two-speed idle test (TSI) \2\ for
1981 and older light-duty gasoline vehicles. To improve motorist
convenience and reduce program implementation costs, the State also
administers a remote sensing-based ``Clean Screen'' component of the I/
M program. Remote sensing is a method for measuring vehicle emissions,
while simultaneously photographing the license plate, when a vehicle
passes through infrared or ultraviolet beams of light. Owners of
vehicles meeting the Clean Screen criteria are notified by the County
Clerk that their vehicles have passed the motor vehicle inspection
process and are exempt from their next regularly scheduled IM240 test.
---------------------------------------------------------------------------
\1\ See 40 CFR part 51, subpart S for a complete description of
EPA's IM240 test. The IM240 test is essentially an enhanced motor
vehicle emissions test to measure mass tailpipe emissions while the
vehicle follows a computer generated driving cycle trace for 240
seconds and while the vehicle is on a dynamometer.
\2\ See 40 CFR part 51, subpart S for a complete description of
EPA's two-speed idle test. The two-speed idle test essentially
measures the mass tailpipe emissions of a stationary vehicle; one
reading is at a normal idle of approximately 700 to 800 engine
revolutions per minute (RPM) and one reading at 2,500 RPM.
---------------------------------------------------------------------------
The Clean Screen program component of Colorado's Reg. No. 11 was
originally approved, for implementation in the Metro-Denver area, with
the Denver carbon monoxide redesignation to attainment and maintenance
plan (see: 66 FR 64751, December 14, 2001). The Clean Screen criteria
that was approved in 2001 by the EPA required two valid passing remote
sensing readings on different days or from different sensors, that met
the applicable emissions reading requirements in Part F of Reg. No. 11,
within a 12-month period to clean-screen a vehicle (see 66 FR 44097,
August 22, 2001).
Colorado revised Reg. No. 11 to expand the definition and
requirements for a ``clean-screened vehicle'' to also include vehicles
identified as low emitting vehicles in the state-determined LEI which
have one passing remote sensing reading prior to the vehicle's
registration renewal date. As part of the LEI process, the Colorado
Department of Public Health and Environment, Air Pollution Control
Division (APCD) develops an LEI on or before July 1 of each year. The
LEI is based on a tabulation of the previous calendar year's IM240
inspection program results for specific make, model, and model year
vehicles that passed IM240 vehicle inspections the previous year at a
minimum rate of 98%.
Beginning in January 2015, Colorado also began implementing an OBD
test for certain model year vehicles. An OBD I/M test essentially means
the electronic retrieval, by connecting an OBD test analyzer to the
computer port data link in the vehicle, of information from a vehicle's
computer system. The electronic information retrieved includes stored
readiness status, diagnostic trouble codes (DTC), malfunction indicator
light (MIL) illumination and other data. If emission related DTCs are
present or the MIL is commanded on, that would indicate an emissions
related malfunction.\3\
---------------------------------------------------------------------------
\3\ The EPA required that OBD II testing requirements be in
place by January 1, 2002 (66 FR 18156; April 5, 2001). All 1996 and
newer model year light duty gasoline and alternate fuel passenger
cars and trucks are required to have OBD II systems. OBD-II is an
improvement over OBD-I in both capability and standardization. The
OBD-II standard specifies the type of diagnostic connector and its
pinout, the electrical protocols available, and the messaging
format. The OBD-II standard provides a list of standardized DTCs.
OBD-II standardization was prompted to simplify diagnosis of
increasingly complicated emissions equipment.
---------------------------------------------------------------------------
In addition, Colorado also extended the Reg. No. 11 exemption from
I/M testing for new vehicles from 4 years to 7 years. This revision was
based on Colorado's gathering of emissions testing information over a
period of several years, which demonstrated that historically new and
newer vehicles typically did not fail the IM240 or OBD emissions test
within the first seven years of the vehicle's life.
II. What action is the Agency taking?
As explained below, the EPA is proposing to approve various
revisions to Colorado's Reg. No. 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 Reg. No. 11 and the
deletion of obsolete language. More specifically, the substantive SIP
revisions involve:
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 OBD II
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 with regard to OBD testing criteria.
l. Revisions to Appendix A, Attachment IV, Section 2.2, and the
deletion of Appendix B in its entirety such as to remove obsolete
specifications and procedures for vehicle inspection analyzer
calibration gasses.
m. Corrections of typographical, grammatical, and formatting errors
throughout Reg. No. 11.
We note that the specific basis for our proposed action and our
analyses and findings are discussed in this proposed rulemaking.
Technical information that we relied upon in this proposal is contained
in the docket, available at https://www.regulations.gov, Docket No. EPA-
R08-OAR-2018-0530.
III. What was the State's process?
Section 110(a)(2) of the CAA requires that a state provide
reasonable notice and public hearing before adopting a SIP revision and
submitting it to us.
The State's February 20, 2015 SIP Submittal
On October 16, 2014, the Colorado Air Quality Control Commission
(AQCC) conducted a public hearing to consider the adoption of revisions
and additions to the Colorado SIP. The revisions affecting the SIP
involved the Reg. No. 11 revisions noted above and as discussed below
in section IV. There were no public comments. After conducting a public
hearing, the AQCC adopted the proposed revisions to Reg. No 11 on
October 16, 2014. The SIP revisions became State effective on November
30, 2014.
We evaluated the State's February 20, 2015 SIP submittal for Reg.
No. 11 and determined that the State met the requirements for
reasonable notice and public hearing under section 110(a)(2)
[[Page 41037]]
of the CAA. By operation of law under section 110(k)(1)(B) of the CAA,
the State's February 20, 2015 submittal was deemed complete on August
20, 2015.
The State's May 14, 2018 SIP Submittal
On May 17, 2017, the AQCC conducted a public hearing to consider
the adoption of revisions and additions to the Colorado SIP. The
revisions affecting the SIP involved the Reg. No. 11 revisions noted
above and as discussed below in section V. There were no public
comments. After conducting a public hearing, the AQCC adopted the
proposed revisions to Reg. No. 11 on May 17, 2017. The SIP revisions
became State effective on September 30, 2017.
We evaluated the State's May 14, 2018 SIP submittal for Reg. No. 11
and determined that the State met the requirements for reasonable
notice and public hearing under section 110(a)(2) of the CAA. In
addition, our evaluation of the SIP revisions submittal also concluded
that it met the minimum ``completeness'' criteria found in 40 CFR part
51, Appendix V.
IV. EPA's Evaluation of the State's 2015 Revisions to Part A, Part B,
Part C, Part F, Appendix A and Appendix B
The sections of Reg. No. 11 that were revised with the State's
February 20, 2015 submittal were as follows:
1. Part A, section II: Add a new definition number 50,
``Tampering.'' Renumber definitions number 51 and higher. The new
definition is consistent with the prohibitions in CAA section
203(a)(3)(A).
2. Part B, section IV: Modify section IV.B to require span gases to
be labelled in accordance with Attachment VI of Appendix A and to
require span and calibration gas suppliers to be approved by the
Colorado Automobile Inspection and Readjustment (AIR) Program Standards
Lab.
3. Part C, section II: Modify section II.B.4 to replace specific
criteria for eligibility for an alternative test to the IM240 test with
an eligibility list that is maintained in the Colorado APCD Emission
Technical Center Procedures Manual.
4. Part C, section II: Modify section II.C to indicate that
effective July 1, 2015, 1996 and newer light duty vehicles that are
owned by a fleet that operates a Fleet Inspection Station shall
administer an OBD test as specified in 40 CFR 85.2222.
5. Part C, section VIII: Modify sections VIII.B.1 to require, as
part of eligibility for an emissions test waiver, there are no visible
smoke emissions from the vehicle's exhaust, there has been no
tampering, and VIII.B.3 (renumbered to VIII.B.2) to clarify
requirements for expenditures needed to qualify for an emissions test
waiver. Remove prior sections VIII.B.2, VIII.B.4, and VIII.B.5. We note
that section VIII.B.2 involved certain aspects of the basic I/M program
that are obsolete and sections VIII.B.4 and VIII.B.5 contained
emissions reduction and operating parameter requirements that are not
required under 40 CFR 51.360 for waivers.
6. Part C, section VIII: Modify section VIII.C to require a vehicle
to be evaluated via an IM240 test if the OBD MIL remains illuminated
even after the maximum expenditure for repairs has been met.
7. Part C, section VIII: Modify section VIII.D.1 to add failure for
an OBD test.
8. Part C, section VIII: Modify section VIII.F to remove
unnecessary language regarding the generation of an emissions sticker
and removal of the prior emissions sticker by an emissions inspector.
9. Part C, section IX: Remove this section in its entirety to
delete obsolete language regarding engine and emissions equipment
adjustment procedures. These procedures are no longer performed by
inspectors; instead, if a vehicle does not pass the owner must have the
necessary repairs done before the vehicle is retested.
10. Part C, section X: Modify section X.A and X.B to include
provisions for emissions related repairs that are necessary to
extinguish the OBD MIL light.
11. Part C, section X: Modify section X.C to state the specific
requirements to meet the emissions maximum expenditure for repairs cost
limit, with respect to an OBD test, in order for a vehicle to be
eligible to apply for a waiver.
12. Part F, section VI: The State modified section VI.B.3 to remove
a 98% passing criteria for Clean Screen vehicles and instead indicate
the passing criteria would be based on sound scientific evidence. The
EPA is not acting on this revision in the State's February 20, 2015 SIP
submittal, as it has been superseded by the 2018 revisions.
13. Part F, section VI: The State added section VI.B.4 to include
that the State would establish the low emitting vehicle index, without
review by the EPA or the public, and would retain the low emitting
vehicle index in the State's Emission Technical Center Procedures
Manual. The EPA is not acting on this revision in the State's February
20, 2015 SIP submittal, as it has been superseded by the May 14, 2018
submitted revisions.
14. Appendix A, Technical Specifications: Modify section 2.11 to
remove a reference to gas blender specifications in the obsolete
Appendix B and change to indicate as approved by the Colorado APCD.
15. Appendix A, Technical Specifications, Attachment IV: Modify
section IV.2.2 to indicate that the Colorado97 procedure shall use two
tri-blend span gas blends that meet the California BAR97 span gas low
(blend 31) and high (blend 34) specifications.
16. Appendix A, Technical Specifications, Attachment IV: Modify
section IV.2.3 to indicate that audit gases shall meet the California
BAR97 audit gas specification.
17. Appendix A, Technical Specifications, Attachment VI: Modify
section VI to revise the label figure to indicate that it represents
the Colorado-approved calibration span gas.
18. Appendix B, Standards and Specifications for Calibration/Span
Gas Suppliers: Appendix B was removed by the State in its entirety as
it contained obsolete specifications and procedures for inspection
analyzer calibration gases.
V. EPA's Evaluation of the State's 2018 Revisions to Part C, Part D,
Part F and Appendix A
The sections of Reg. No. 11 that were revised with the State's May
14, 2018 submittal were as follows:
1. Part C, section II: Modify section II.C.3.a to replace the
existing monitor readiness evaluation with a monitor readiness
evaluation that ensures that the oxygen sensor and/or heated oxygen
sensor monitor(s) shall be ready if supported, the catalyst monitor
shall be ready if supported, 2001 and newer vehicles shall only be
allowed to have one supported monitor in a not ready status, and 2000
and older vehicles shall only be allowed to have two supported monitors
in a not ready status. In addition, if the above criteria are not met
and the vehicle's MIL light is commanded off, then the vehicle will be
required to be evaluated via an IM240 test.
2. Part C, section II: Modify section II.C.9 to indicate that for
the 5 percent vehicles that are selected at random from the OBD test
for a subsequent IM240 test, the IM240 test shall be the pass/fail
determination for these vehicles.
3. Part C, section II: New section II.C.10 that states if the
vehicle's OBD responds that the catalyst readiness monitor is not
supported and that all readiness monitors are supported, or if any
other OBD tampering indicators are present, then the OBD test will be
failed.
[[Page 41038]]
4. Part D, section I: Modify sections I.B to remove sections I.B.5,
I.B.6 and I.B.7 to delete obsolete terms and renumber the remaining
sections in I.B.
5. Part D, section I: Modify renumbered section I.B.10 to indicate
that renumbered sections I.B.5 and I.B.6 are not required for licensing
as an inspection-only station or inspection-only facility.
6. Part D, section I: Remove prior numbered section I.B.15 as it
contains obsolete language.
7. Part F, section VI: Modify section VI.B.1 to remove the
restricting term ``IM240'' which then allows all types of test results
to be evaluated.
8. Part F, section VI: Modify section VI.B.2 to remove the
unnecessary term ``exhaust.''
9. Part F, section VI: Modify section VI.B.3 to remove the minimum
98% passing rate criteria for the LEI and instead require that the
passing rate criteria ensures equivalent air quality benefits as a
second remote sensing test.
10. Part F, section VI: Modify section VI.B.4 to remove prior
language and to add that the passing rate criteria for the LEI, as
established by the APCD, will be maintained and contained in the APCD's
Emissions Technical Center Procedures Manual, and will be submitted to
the EPA on or before July 1 of each year.
11. Part F, section VII: Modify section VII to remove the obsolete
sections VII.E and VII.F.
12. Appendix A, Technical Specifications, Attachment V: Modify
Attachment V ``Specifications for Colorado On-Board Diagnostic (OBD)
Stand-Alone Analyzer'' to remove the obsolete language regarding
readiness criteria for a vehicle's oxygen sensor, catalyst sensor and
the allowable number of not-ready sensors for 2001 and newer vehicles
and 2000 and older vehicles. The revised language now contains overall
requirements for OBD readiness such that if the readiness evaluation
indicates that a vehicle has more than one unset (not ready) readiness
monitor, and the MIL is commanded off, then the inspection is
automatically aborted with the reason printed out on the Vehicle
Inspection Report.
VI. Conclusion
Our review of the State's Reg. No. 11 revisions, as presented above
in sections IV and V, involved numerous revisions to Reg. No. 11 Parts
A, B, C, D, F, Appendix A, the deletion of Appendix B, and overall
formatting, correction of typographic errors and other non-substantive
changes. Based on our review and evaluation discussed above, we propose
that the Reg. No. 11 SIP revisions, submitted by the State in letters
dated February 20, 2015, and May 14, 2018, sufficiently address
applicable provisions in 40 CFR part 51, subpart S, 40 CFR part 85,
subpart W, and that our approval is warranted.
VII. Consideration of Section 110(1) of the Clean Air Act
Section 110(1) 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 National Ambient Air Quality Standard or any
other applicable requirement of the CAA. In view of the evaluations
presented in sections IV and V above, the EPA proposes that the
revisions to Colorado's Reg. No. 11 that are contained in the State's
SIP submittals dated February 20, 2015, and May 14, 2018 will not
interfere with attainment, reasonable further progress, or any other
applicable requirement of the CAA.
VIII. Proposed Action
The EPA is proposing approval of the February 20, 2015, submitted
SIP revisions to Colorado's Regulation Number 11, Part A, Part B, Part
C, Part F, Appendix A and the deletion of Appendix B. The EPA notes
that revisions to Part F, sections VI.B.3 and VI.B.4 were also provided
with the State's February 20, 2015 submittal. The EPA is not proposing
action on these sections of Part F for the reasons noted above in
section IV of this action.
In addition, the EPA is proposing approval of the May 14, 2018,
submitted SIP revisions to Regulation Number 11, Part C, Part D, Part F
and Appendix A.
IX. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the amendments described in sections IV and V, above. 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).
X. Statutory and Executive Order Reviews
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
action merely proposes to approve 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) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals 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, 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 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
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, 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 proposed 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).
[[Page 41039]]
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: August 13, 2018.
Douglas Benevento,
Regional Administrator, EPA Region 8.
[FR Doc. 2018-17805 Filed 8-16-18; 8:45 am]
BILLING CODE 6560-50-P
