Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Motor Vehicle Inspection and Maintenance Program and Associated Revisions, 2449-2453 [2019-00713]
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Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / Rules and Regulations
name is ‘‘4-anilino-Nphenethylpiperidine’’.
There is no existing chemical
compound named ‘‘4-anilino-Nphenethyl-4-piperidine.’’ While
chemists understood which compound
was being controlled by the DEA due to
the abbreviation ANPP and specific
CASRN number, DEA is now correcting
the listing in the Code of Federal
Regulations (CFR) by revising 21 CFR
1308.12 to provide the correct name.
Administrative Procedure Act
The Administrative Procedure Act
(APA) generally requires that agencies,
prior to issuing a new rule, publish a
notice of proposed rulemaking in the
Federal Register. The APA also
provides, however, that agencies may be
exempt from this requirement when
‘‘the agency for good cause finds (and
incorporates the finding and a brief
statement of reasons therefore in the
rules issued) that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest.’’ 2
The name ‘‘4-anilino-N-phenethyl-4piperidine’’ is without meaning and no
substance exists by that chemical name.
The inclusion of the ‘‘-4’’ in the middle
of the name is nonsensical. Because the
correct Chemical Abstract Service
Registry Number and abbreviation
‘‘ANPP’’ were given in the original
rulemaking, chemists have understood
which compound has been (and
remains) controlled by DEA. There is no
change as to what substance is
controlled. Public notice and comment
is thus unnecessary.
For the same reasons that the DEA has
determined that public notice and
comment is unnecessary, the DEA also
finds good cause to adopt an effective
date that would be less than 30 days
after the publication in the Federal
Register pursuant to the APA. 5 U.S.C.
553(d). Accordingly, this amendment
will be effective as of the date of
publication in the Federal Register.
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
For the reasons set out above, 21 CFR
part 1308 is amended as follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for part 1308
continues to read as follows:
■
25
U.S.C. 553(b)(B).
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Authority: 21 U.S.C. 811, 812, 871(b),
956(b), unless otherwise noted.
2. Section 1308.12 is amended by
revising paragraph (g)(3) to read as
follows:
■
§ 1308.12
Schedule II.
*
*
*
*
*
(g) * * *
(3) Immediate precursor to fentanyl:
(i) 4-anilino-N-phenethylpiperidine
(ANPP) . . . . . . . . . 8333
(ii) [Reserved]
Dated: December 14, 2018.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2019–01470 Filed 2–6–19; 8:45 am]
BILLING CODE 4410–09–P
2449
published in the Federal Register. 84 FR
138 (Jan. 18, 2019). Because the thirtieth
day from January 18, 2019, falls on a
non-business day, the effective date was
set on the next business day of February
19, 2019.
Dated: February 4, 2019.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of the Secretary,
Department of Veterans Affairs.
[FR Doc. 2019–01432 Filed 2–6–19; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
DEPARTMENT OF VETERANS
AFFAIRS
[EPA–R08–OAR–2018–0530; FRL–9987–96–
Region 8]
AGENCY:
Approval and Promulgation of Air
Quality Implementation Plans; State of
Colorado; Motor Vehicle Inspection
and Maintenance Program and
Associated Revisions
ACTION:
AGENCY:
38 CFR Parts 3, 8, 14, 19, 20, and 21
VA Claims and Appeals Modernization
Department of Veterans Affairs.
Notification of effective date.
The Department of Veterans
Affairs (VA) is providing notice that the
effective date of the new VA appeals
system, outlined in the Veterans
Appeals Improvement and
Modernization Act of 2017 (AMA), is
February 19, 2019.
DATES: The effective date of the new VA
appeals system is February 19, 2019.
FOR FURTHER INFORMATION CONTACT:
Veterans Benefits Administration
information, Jennifer Williams, Senior
Management and Program Analyst,
Appeals Management Office,
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, (202) 530–9124 (this is not a tollfree number). Board of Veterans’
Appeals information: Rachel Sauter,
Counsel for Legislation, Regulations,
and Policy, Board of Veterans’ Appeals.
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, (202) 632–5555 (this is not a tollfree number).
SUPPLEMENTARY INFORMATION: Pursuant
to section 2(x)(6) of the Veterans
Appeals Improvement and
Modernization Act of 2017 (AMA), the
Department of Veterans Affairs (VA) is
providing notice that the effective date
of the new VA appeals system is
February 19, 2019. The Secretary of
Veterans Affairs transmitted to Congress
the certification required under AMA
section 2(x)(1) on January 18, 2019. On
that same date, the final rule setting
forth the implementing regulations was
SUMMARY:
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is approving two State
Implementation Plan (SIP) revisions
submitted by the State of Colorado. The
revisions involve amendments to
Colorado’s Regulation Number 11,
‘‘Motor Vehicle Emissions Inspection
Program.’’ The revisions enhance the
use of Regulation Number 11’s Clean
Screen Program, allow self-inspecting
vehicle fleets to use the On-Board
Diagnostics (OBD) testing procedure,
provide corrections to the Low Emitter
Index (LEI) component of the Clean
Screen Program, clarify existing
provisions, correct administrative
errors, delete obsolete language,
establish inspection procedures for
when emission control equipment
tampering is detected, and make several
other minor associated revisions. These
actions are being taken under section
110 of the Clean Air Act (CAA).
DATES: This final rule is effective on
March 11, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2018–0530. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available
(e.g., Confidential Business Information)
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
SUMMARY:
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is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available through
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Tim
Russ, Air Program, U.S. Environmental
Protection Agency (EPA), Region 8, Mail
Code 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6479, russ.tim@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In a rulemaking published on August
17, 2018 (83 FR 41035), the EPA
proposed approval of various revisions
to Colorado’s Regulation Number 11
that the State submitted to the EPA on
February 20, 2015, and on May 14,
2018. Most of the revisions involve
minor updates to several sections of
Regulation Number 11 and the deletion
of obsolete language. The August 17,
2018 notice gives a detailed description
of each revision.
In this rulemaking the EPA is taking
final action to approve the proposed
revisions, which are listed in section III
below. The reasons for our approval are
provided in the proposed rule.
II. Response to Public Comments
The EPA received one anonymous
comment on the proposed SIP
amendments to Colorado’s Regulation
Number 11. After reviewing the
comment, the EPA has determined that
the comment is outside the scope of our
proposed action. We note the EPA is not
removing or relaxing any emissions
standards in this action. The comment
that we received on this action is
available for review in the docket for
this rulemaking. This rule will be
finalized as proposed without revisions.
III. Final Action
For the reasons expressed in the
proposed rule, the EPA is approving the
two SIP submittals to Regulation
Number 11 as submitted by the State of
Colorado on February 20, 2015, and on
May 14, 2018. These revisions were
discussed in our August 17, 2018
proposed rule and are as follows:
a. Addition of a definition of
‘‘Tampering’’ to Part A.II.
b. Revisions to Part B.IV.B to require
span gases to be labelled in accordance
with Attachment VI of Appendix A.
c. Revisions to Part A.II.16 and Part
C.XII. (A.3 and C.2) to increase clean
screening efficiency by removing the
requirement that two qualifying clean
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screen observations must be made on
different days or at different locations.
d. Revisions to Part C.II.B.4 to remove
incomplete and obsolescent qualifying
criteria for certain vehicles that are
unable to be tested on the IM240 chassis
dynamometer.
e. Revisions to Part C.II.C to allow
self-inspecting gasoline vehicle fleets to
utilize the more effective and more
convenient OBDII testing procedure on
all 1996 model year and newer vehicles.
f. Revisions to Part C.II.C.3 regarding
acceptable readiness criteria for OBD
sensors and monitors.
g. Revisions to Part C.II.C.9 and C.10
regarding I/M240 tests and tampering
associated with OBD tests.
h. Revisions to Part C.VIII and IX to
clarify and modernize provisions for
issuance of emissions repair, diagnostic
and economic hardship waivers.
i. Revisions to Part D.I.B. 5, 6, and 7
to remove obsolete language regarding
dwell meters, timing lights, and idle
adjustment.
j. Revisions to Part F.VI.B, the
roadside remote sensing clean screen
LEI, to allow for greater utilization of
this component of the I/M program.
k. Revisions to Part F.VII regarding
OBD testing criteria.
l. Revisions to Appendix A, Technical
Specifications; Introduction, Section
2.11; Attachment IV, Section 2.0;
Attachment V; Attachment VI, and the
deletion of Appendix B in its entirety to
remove obsolete specifications and
procedures for vehicle inspection
analyzer calibration gasses.
m. Corrections of typographical,
grammatical, and formatting errors
throughout Regulation Number 11.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of Colorado’s
Regulation Number 11 described in the
amendments set forth to 40 CFR part 52,
below. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 8 office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of the EPA’s approval, and will be
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incorporated by reference in the next
update to the SIP compilation.1
V. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations
(42 U.S.C. 7410(k), 40 CFR 52.02(a)).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this final action
merely approves some state law as
meeting federal requirements; this final
action does not impose additional
requirements beyond those imposed by
state law. For that reason, this final
action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
Oct. 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, Feb. 2, 2017) regulatory action
because actions such as approving SIPs
are exempted under Executive Order
12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, Aug. 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
1 62
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FR 27968 (May 22, 1997).
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methods, under Executive Order 12898
(59 FR 7629, Feb. 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 8, 2019. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: December 20, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. In § 52.320, the table in paragraph
(c) is amended by:
■ a. Revising the entry for ‘‘II.
Definitions.’’ under the centered
heading ‘‘5 CCR 1001–13, Regulation
Number 11, Motor Vehicle Emissions
Inspection Program—Part A, General
Provisions, Area of Applicability,
Schedules for Obtaining Certification of
Emissions Control, Definitions,
Exemptions, and Clean Screening/
Remote Sensing’’;
■ b. Revising the entry for ‘‘IV. Span
Gases For Use With Colo ‘94 Test
Analyzer Systems.’’ under the centered
heading ‘‘5 CCR 1001–13, Regulation
Number 11, Motor Vehicle Emissions
Inspection Program—Part B, Standards
and Procedures for the Approval,
Operation, Gas Span Adjustment,
Calibration and Certification of the
Division Approved Test Analyzer
Systems for Use in the Basic and
Enhanced Areas and Test Analyzer
Systems for Licensed Dealers in the
Enhanced Area’’;
■ c. Revising the entries for ‘‘II. Exhaust
Emissions Inspection Procedures’’ and
‘‘VIII. Certification of Emissions
Control’’, by removing and reserving the
entry for ‘‘IX. Adjustment Procedures’’
and by revising the entries for ‘‘X.
Emissions Related Repairs’’ and ‘‘XII.
Clean Screen Inspection Program
Procedures’’ under the centered heading
‘‘5 CCR 1001–13, Regulation Number
11, Motor Vehicle Emissions Inspection
Program—Part C, Inspection Procedures
■
State effective
date
Title
*
*
*
*
and Requirements for Exhaust
Emissions, Fuel Evaporation Control,
Visible Smoke Emissions, Emissions
Control Systems, On-Board Diagnostics
(OBD); and Practices to Ensure Proper
Emissions Related Adjustments and
Repairs’’;
■ d. Revising the entry for ‘‘I. Licensing
of Emissions Inspection and
Readjustment Stations, Inspection-Only
Stations, Inspection-Only Facilities,
Enhanced Inspection Centers, Fleet
Inspection Stations and Motor Vehicle
Dealer Test Facilities’’ under the
centered heading ‘‘5 CCR 1001–13,
Regulation Number 11, Motor Vehicle
Emissions Inspection Program—Part D,
Qualification and Licensing of
Emissions Mechanics, Emissions
Inspectors and Clean Screen Inspectors;
Licensing of Emissions Inspection and
Readjustment Stations, Inspection-Only
Stations, Inspection-Only Facilities,
Fleets, Motor Vehicle Dealer Test
Facilities and Enhanced Inspection
Centers; Qualification of Clean Screen
Inspection Sites; and Registration of
Emissions Related Repair Facilities and
Technicians’’;
■ e. Revising the entries for ‘‘VI. Clean
Screen Program Maximum Allowable
Emissions Limits’’ and ‘‘VII. On-Board
Diagnostic Inspection Passing Criteria’’
under the centered heading ‘‘5 CCR
1001–13, Regulation Number 11, Motor
Vehicle Emissions Inspection Program—
Part F, Maximum Allowable Emissions
Limits for Motor Vehicle Exhaust,
Evaporative and Visible Emissions for
Light-Duty and Heavy-Duty Vehicles’’;
■ f. Revising the entry for ‘‘Appendix A,
Technical Specifications’’ under the
centered heading ‘‘5 CCR 1001–13,
Regulation Number 11, Appendices’’;
and
■ g. Removing the entry for ‘‘Appendix
B, Standards and Specifications for the
Suppliers of Span and Calibration
Gases’’ under the centered heading ‘‘5
CCR 1001–13, Regulation Number 11,
Appendices.’’
The revisions read as follows:
§ 52.320
*
Identification of plan.
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(c) * * *
EPA effective
date
*
Final Rule
citation/date
*
*
*
Comments
*
5 CCR 1001–13, Regulation Number 11, Motor Vehicle Emissions Inspection Program—Part A, General Provisions, Area of Applicability, Schedules for Obtaining Certification of Emissions Control, Definitions, Exemptions, and Clean Screening/Remote Sensing
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State effective
date
Title
*
*
*
II. Definitions ................................................................................
*
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*
*
11/30/2014
*
EPA effective
date
*
3/11/2019
Final Rule
citation/date
Comments
*
[Insert Federal Register citation]. 2/7/2019.
*
*
*
*
5 CCR 1001–13, Regulation Number 11, Motor Vehicle Emissions Inspection Program—Part B, Standards and Procedures for the Approval, Operation, Gas Span Adjustment, Calibration and Certification of the Division Approved Test Analyzer Systems for Use in
the Basic and Enhanced Areas and Test Analyzer Systems for Licensed Dealers in the Enhanced Area
*
*
*
IV. Span Gases For Use With Colorado 94 and Colorado 97
Test Analyzer Systems.
*
*
*
*
11/30/2014
*
*
3/11/2019
*
[Insert Federal Register citation]. 2/7/2019.
*
*
*
*
5 CCR 1001–13, Regulation Number 11, Motor Vehicle Emissions Inspection Program—Part C, Inspection Procedures and Requirements for Exhaust Emissions, Fuel Evaporation Control, Visible Smoke Emissions, Emissions Control Systems, On-Board
Diagnostics (OBD); and Practices To Ensure Proper Emissions Related Adjustments and Repairs
*
*
*
II. Exhaust Emissions Inspection Procedures .............................
*
11/30/2014, 9/
30/2017
*
3/11/2019
*
[Insert Federal Register citation]. 2/7/2019.
*
*
*
*
VIII. Certification of Emissions Control ........................................
*
11/30/2014
*
3/11/2019
*
[Insert Federal Register citation]. 2/7/2019.
*
*
*
*
X. Emissions Related Repairs .....................................................
*
11/30/2014
*
3/11/2019
*
[Insert Federal Register citation]. 2/7/2019.
*
*
*
*
XII. Clean Screen Inspection Program Procedures ....................
*
11/30/2014
*
3/11/2019
*
[Insert Federal Register citation]. 2/7/2019.
*
.
5 CCR 1001–13, Regulation Number 11, Motor Vehicle Emissions Inspection Program—Part D, Qualification and Licensing of Emissions Mechanics, Emissions Inspectors and Clean Screen Inspectors; Licensing of Emissions Inspection and Readjustment Stations, Inspection-Only Stations, Inspection-Only Facilities, Fleets, Motor Vehicle Dealer Test Facilities and Enhanced Inspection
Centers; Qualification of Clean Screen Inspection Sites; and Registration of Emissions Related Repair Facilities and Technicians
I. Licensing of Emissions Inspection and Readjustment Stations, Inspection-Only Stations, Inspection-Only Facilities,
Enhanced Inspection Centers, Fleet Inspection Stations and
Motor Vehicle Dealer Test Facilities.
*
*
*
9/30/2017
*
3/11/2019
[Insert Federal Register citation]. 2/7/2019.
*
*
*
5 CCR 1001–13, Regulation Number 11, Motor Vehicle Emissions Inspection Program—Part F, Maximum Allowable Emissions Limits
for Motor Vehicle Exhaust, Evaporative and Visible Emissions for Light-Duty and Heavy-Duty Vehicles
*
*
*
VI. Clean Screen Program Maximum Allowable Emissions Limits.
VII. On-Board Diagnostic Inspection Passing Criteria ................
*
*
*
*
9/30/2017
*
3/11/2019
9/30/2017
3/11/2019
*
*
[Insert Federal Register citation]. 2/7/2019.
[Insert Federal Register citation]. 2/7/2019.
*
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5 CCR 1001–13, Regulation Number 11, Appendices
Appendix A, Technical Specifications .........................................
*
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*
*
*
*
I. General Information
II. Background
III. Action
IV. Public Participation
V. Statutory and Executive Order Reviews
VI. Legal Authority and Statutory Provisions
*
[FR Doc. 2019–00713 Filed 2–6–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
I. General Information
40 CFR Part 80
[EPA–HQ–OAR–2018–0114; FRL–9988–86–
OAR]
RIN 2060–AU32
Regulation of Fuels and Fuel
Additives: Removal of the
Reformulated Gasoline Program From
the Northern Kentucky Portion of the
Cincinnati-Hamilton Ozone
Maintenance Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In this final action, EPA is
amending its reformulated gasoline
regulations to reflect that Boone,
Campbell, and Kenton counties in
Kentucky (the Northern Kentucky Area),
which are part of the CincinnatiHamilton, Ohio-Kentucky-Indiana
ozone area, are no longer federal
reformulated gasoline (RFG) covered
areas as of July 1, 2018. As described in
a separate document published on May
16, 2018, pursuant to EPA’s regulations,
EPA approved an April 18, 2017
petition from the state of Kentucky to
opt-out of the federal RFG program and
removed the requirement to sell federal
RFG in the Northern Kentucky Area as
of July 1, 2018. This effective date
applies to retailers, wholesale
purchaser-consumers, refiners,
importers, and distributors. This
rulemaking merely conforms the list of
RFG covered areas in the regulations to
reflect the effective date of the opt-out
for the Northern Kentucky Area.
DATES: This final rule is effective on
February 7, 2019.
FOR FURTHER INFORMATION CONTACT:
David Dickinson, Office of
Transportation and Air Quality, U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue, Washington, DC
20460; telephone number: (202) 343–
9256; email address: dickinson.david@
epa.gov or Rudy Kapichak, Office of
Transportation and Air Quality, U.S.
Environmental Protection Agency, 2000
Traverwood, Ann Arbor, MI 48105;
telephone number: 734–214–4574;
email address: kapichak.rudolph@
epa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
The contents of this preamble are
listed in the following outline:
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A. Does this action apply to me?
Entities potentially affected by this
final action are fuel producers and
distributors who do business in the
Northern Kentucky Area.
Examples of potentially
regulated entities
NAICS 1
codes
Petroleum refineries .....................
Gasoline Marketers and Distributors ............................................
Gasoline Retail Stations ...............
Gasoline Transporters ..................
1 North
System.
American
Industry
324110
424710
424720
447110
484220
484230
Classification
The above table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. The table lists
the types of entities of which EPA is
aware that potentially could be affected
by this final action. Other types of
entities not listed on the table could also
be affected. To determine whether your
organization could be affected by this
final action, you should carefully
examine the regulations in 40 CFR part
80, subpart D—Reformulated Gasoline.
If you have questions regarding the
applicability of this action to a
particular entity, see the FOR FURTHER
INFORMATION CONTACT section of this
preamble.
2453
areas) provide the process and criteria
for a reasonable transition out of the
federal RFG program if a state decides
to opt-out.2 These opt-out regulations
provide that the governor of the state
must submit a petition to the
Administrator requesting to opt-out of
the federal RFG program. The petition
must include specific information on
how, if at all, the state has relied on RFG
in a proposed or approved state
implementation plan (SIP) or plan
revision and, if RFG is relied upon, how
the SIP will be revised to reflect the
state’s opt-out from RFG. The opt-out
regulations also provide that EPA will
notify the state in writing of the
Agency’s action on the petition and the
date the opt-out becomes effective (i.e.,
the date RFG is no longer required in
the affected area) when the petition is
approved. The opt-out regulations also
provide that EPA will publish a Federal
Register document announcing the
approval of any opt-out petition and the
effective date of such opt-out. If a SIP
revision is required, the effective date of
EPA’s approval of the opt-out can be no
less than 90 days from the effective date
of EPA’s approval of the revision to the
SIP that removes RFG as a control
measure. See 40 CFR 80.72(c)(7).
B. Kentucky Opt-In and Opt-Out of RFG
for the Northern Kentucky Area
In 1995, Kentucky voluntarily opted
Boone, Campbell, and Kenton Counties
(the Northern Kentucky Area), into the
federal RFG program. Kentucky also
opted its portion of the Louisville ozone
area (Jefferson County and parts of
Bullitt and Oldham Counties) into the
federal RFG program; however, this
action does not affect the use of RFG in
B. How can I get copies of this document the Kentucky portion of the Louisville
and other related information?
ozone area. A current listing of the RFG
covered areas and a summary of RFG
EPA has established a docket for this
requirements can be found at 40 CFR
action under Docket ID No. EPA–HQ–
80.70 and on EPA’s website at: https://
OAR–2018–0114. All documents in the
www.epa.gov/gasoline-standards/
docket are listed on the
www.regulations.gov website. Although reformulated-gasoline.
On April 18, 2017, Kentucky
listed in the index, some information
submitted a petition to the EPA
may not be publicly available, e.g.,
Confidential Business Information (CBI) Administrator requesting to opt-out
or other information whose disclosure is from the federal RFG program for the
Northern Kentucky Area.3 In order to
restricted by statute. Certain other
material, such as copyrighted material,
2 Pursuant to authority under CAA sections 211(c)
is not placed on the internet and will be
and (k) and 301(a), EPA promulgated regulations at
publicly available only in hard copy
40 CFR 80.72 to provide criteria and general
form. Publicly available docket
procedures for states to opt-out of the RFG program
materials are available electronically
where the state had previously voluntarily opted
into the program. The regulations were initially
through www.regulations.gov.
II. Background
A. RFG Opt-Out Procedures
The reformulated gasoline (RFG) optout regulations (40 CFR 80.72—
Procedures for opting out of the covered
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
adopted on July 8, 1996 (61 FR 35673) (the RFG
‘‘Opt-out Rule’’); and were revised on October 20,
1997 (62 FR 54552).
3 The Secretary of Kentucky’s Energy and
Environment Cabinet submitted the opt-out petition
on behalf of the Commonwealth of Kentucky. A
copy of the opt-out petition is included in the
docket.
E:\FR\FM\07FER1.SGM
07FER1
]]>Agencies
[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Rules and Regulations]
[Pages 2449-2453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00713]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2018-0530; FRL-9987-96-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Colorado; Motor Vehicle Inspection and Maintenance Program and
Associated Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving two
State Implementation Plan (SIP) revisions submitted by the State of
Colorado. The revisions involve amendments to Colorado's Regulation
Number 11, ``Motor Vehicle Emissions Inspection Program.'' The
revisions enhance the use of Regulation Number 11's Clean Screen
Program, allow self-inspecting vehicle fleets to use the On-Board
Diagnostics (OBD) testing procedure, provide corrections to the Low
Emitter Index (LEI) component of the Clean Screen Program, clarify
existing provisions, correct administrative errors, delete obsolete
language, establish inspection procedures for when emission control
equipment tampering is detected, and make several other minor
associated revisions. These actions are being taken under section 110
of the Clean Air Act (CAA).
DATES: This final rule is effective on March 11, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2018-0530. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available (e.g.,
Confidential Business Information) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material,
[[Page 2450]]
is not placed on the internet and will be publicly available only in
hard copy form. Publicly available docket materials are available
through www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6479,
russ.tim@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In a rulemaking published on August 17, 2018 (83 FR 41035), the EPA
proposed approval of various revisions to Colorado's Regulation Number
11 that the State submitted to the EPA on February 20, 2015, and on May
14, 2018. Most of the revisions involve minor updates to several
sections of Regulation Number 11 and the deletion of obsolete language.
The August 17, 2018 notice gives a detailed description of each
revision.
In this rulemaking the EPA is taking final action to approve the
proposed revisions, which are listed in section III below. The reasons
for our approval are provided in the proposed rule.
II. Response to Public Comments
The EPA received one anonymous comment on the proposed SIP
amendments to Colorado's Regulation Number 11. After reviewing the
comment, the EPA has determined that the comment is outside the scope
of our proposed action. We note the EPA is not removing or relaxing any
emissions standards in this action. The comment that we received on
this action is available for review in the docket for this rulemaking.
This rule will be finalized as proposed without revisions.
III. Final Action
For the reasons expressed in the proposed rule, the EPA is
approving the two SIP submittals to Regulation Number 11 as submitted
by the State of Colorado on February 20, 2015, and on May 14, 2018.
These revisions were discussed in our August 17, 2018 proposed rule and
are as follows:
a. Addition of a definition of ``Tampering'' to Part A.II.
b. Revisions to Part B.IV.B to require span gases to be labelled in
accordance with Attachment VI of Appendix A.
c. Revisions to Part A.II.16 and Part C.XII. (A.3 and C.2) to
increase clean screening efficiency by removing the requirement that
two qualifying clean screen observations must be made on different days
or at different locations.
d. Revisions to Part C.II.B.4 to remove incomplete and obsolescent
qualifying criteria for certain vehicles that are unable to be tested
on the IM240 chassis dynamometer.
e. Revisions to Part C.II.C to allow self-inspecting gasoline
vehicle fleets to utilize the more effective and more convenient OBDII
testing procedure on all 1996 model year and newer vehicles.
f. Revisions to Part C.II.C.3 regarding acceptable readiness
criteria for OBD sensors and monitors.
g. Revisions to Part C.II.C.9 and C.10 regarding I/M240 tests and
tampering associated with OBD tests.
h. Revisions to Part C.VIII and IX to clarify and modernize
provisions for issuance of emissions repair, diagnostic and economic
hardship waivers.
i. Revisions to Part D.I.B. 5, 6, and 7 to remove obsolete language
regarding dwell meters, timing lights, and idle adjustment.
j. Revisions to Part F.VI.B, the roadside remote sensing clean
screen LEI, to allow for greater utilization of this component of the
I/M program.
k. Revisions to Part F.VII regarding OBD testing criteria.
l. Revisions to Appendix A, Technical Specifications; Introduction,
Section 2.11; Attachment IV, Section 2.0; Attachment V; Attachment VI,
and the deletion of Appendix B in its entirety to remove obsolete
specifications and procedures for vehicle inspection analyzer
calibration gasses.
m. Corrections of typographical, grammatical, and formatting errors
throughout Regulation Number 11.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of
Colorado's Regulation Number 11 described in the amendments set forth
to 40 CFR part 52, below. The EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and at
the EPA Region 8 office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Orders Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
final action merely approves some state law as meeting federal
requirements; this final action does not impose additional requirements
beyond those imposed by state law. For that reason, this final action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, Oct. 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, Feb. 2, 2017)
regulatory action because actions such as approving SIPs are exempted
under Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, Aug. 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
[[Page 2451]]
methods, under Executive Order 12898 (59 FR 7629, Feb. 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 8, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: December 20, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart G--Colorado
0
2. In Sec. 52.320, the table in paragraph (c) is amended by:
0
a. Revising the entry for ``II. Definitions.'' under the centered
heading ``5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions
Inspection Program--Part A, General Provisions, Area of Applicability,
Schedules for Obtaining Certification of Emissions Control,
Definitions, Exemptions, and Clean Screening/Remote Sensing'';
0
b. Revising the entry for ``IV. Span Gases For Use With Colo `94 Test
Analyzer Systems.'' under the centered heading ``5 CCR 1001-13,
Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part
B, Standards and Procedures for the Approval, Operation, Gas Span
Adjustment, Calibration and Certification of the Division Approved Test
Analyzer Systems for Use in the Basic and Enhanced Areas and Test
Analyzer Systems for Licensed Dealers in the Enhanced Area'';
0
c. Revising the entries for ``II. Exhaust Emissions Inspection
Procedures'' and ``VIII. Certification of Emissions Control'', by
removing and reserving the entry for ``IX. Adjustment Procedures'' and
by revising the entries for ``X. Emissions Related Repairs'' and ``XII.
Clean Screen Inspection Program Procedures'' under the centered heading
``5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions
Inspection Program--Part C, Inspection Procedures and Requirements for
Exhaust Emissions, Fuel Evaporation Control, Visible Smoke Emissions,
Emissions Control Systems, On-Board Diagnostics (OBD); and Practices to
Ensure Proper Emissions Related Adjustments and Repairs'';
0
d. Revising the entry for ``I. Licensing of Emissions Inspection and
Readjustment Stations, Inspection-Only Stations, Inspection-Only
Facilities, Enhanced Inspection Centers, Fleet Inspection Stations and
Motor Vehicle Dealer Test Facilities'' under the centered heading ``5
CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection
Program--Part D, Qualification and Licensing of Emissions Mechanics,
Emissions Inspectors and Clean Screen Inspectors; Licensing of
Emissions Inspection and Readjustment Stations, Inspection-Only
Stations, Inspection-Only Facilities, Fleets, Motor Vehicle Dealer Test
Facilities and Enhanced Inspection Centers; Qualification of Clean
Screen Inspection Sites; and Registration of Emissions Related Repair
Facilities and Technicians'';
0
e. Revising the entries for ``VI. Clean Screen Program Maximum
Allowable Emissions Limits'' and ``VII. On-Board Diagnostic Inspection
Passing Criteria'' under the centered heading ``5 CCR 1001-13,
Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part
F, Maximum Allowable Emissions Limits for Motor Vehicle Exhaust,
Evaporative and Visible Emissions for Light-Duty and Heavy-Duty
Vehicles'';
0
f. Revising the entry for ``Appendix A, Technical Specifications''
under the centered heading ``5 CCR 1001-13, Regulation Number 11,
Appendices''; and
0
g. Removing the entry for ``Appendix B, Standards and Specifications
for the Suppliers of Span and Calibration Gases'' under the centered
heading ``5 CCR 1001-13, Regulation Number 11, Appendices.''
The revisions read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State EPA effective Final Rule citation/
Title effective date date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part A, General Provisions,
Area of Applicability, Schedules for Obtaining Certification of Emissions Control, Definitions, Exemptions, and
Clean Screening/Remote Sensing
----------------------------------------------------------------------------------------------------------------
[[Page 2452]]
* * * * * * *
II. Definitions.................... 11/30/2014 3/11/2019 [Insert Federal ...................
Register citation]. 2/
7/2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part B, Standards and
Procedures for the Approval, Operation, Gas Span Adjustment, Calibration and Certification of the Division
Approved Test Analyzer Systems for Use in the Basic and Enhanced Areas and Test Analyzer Systems for Licensed
Dealers in the Enhanced Area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
IV. Span Gases For Use With 11/30/2014 3/11/2019 [Insert Federal ...................
Colorado 94 and Colorado 97 Test Register citation]. 2/
Analyzer Systems. 7/2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part C, Inspection Procedures
and Requirements for Exhaust Emissions, Fuel Evaporation Control, Visible Smoke Emissions, Emissions Control
Systems, On-Board Diagnostics (OBD); and Practices To Ensure Proper Emissions Related Adjustments and Repairs
----------------------------------------------------------------------------------------------------------------
* * * * * * *
II. Exhaust Emissions Inspection 11/30/2014, 9/ 3/11/2019 [Insert Federal .
Procedures. 30/2017 Register citation]. 2/
7/2019.
* * * * * * *
VIII. Certification of Emissions 11/30/2014 3/11/2019 [Insert Federal ...................
Control. Register citation]. 2/
7/2019.
* * * * * * *
X. Emissions Related Repairs....... 11/30/2014 3/11/2019 [Insert Federal ...................
Register citation]. 2/
7/2019.
* * * * * * *
XII. Clean Screen Inspection 11/30/2014 3/11/2019 [Insert Federal ...................
Program Procedures. Register citation]. 2/
7/2019.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part D, Qualification and
Licensing of Emissions Mechanics, Emissions Inspectors and Clean Screen Inspectors; Licensing of Emissions
Inspection and Readjustment Stations, Inspection-Only Stations, Inspection-Only Facilities, Fleets, Motor
Vehicle Dealer Test Facilities and Enhanced Inspection Centers; Qualification of Clean Screen Inspection Sites;
and Registration of Emissions Related Repair Facilities and Technicians
----------------------------------------------------------------------------------------------------------------
I. Licensing of Emissions 9/30/2017 3/11/2019 [Insert Federal ...................
Inspection and Readjustment Register citation]. 2/
Stations, Inspection-Only 7/2019.
Stations, Inspection-Only
Facilities, Enhanced Inspection
Centers, Fleet Inspection Stations
and Motor Vehicle Dealer Test
Facilities.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part F, Maximum Allowable
Emissions Limits for Motor Vehicle Exhaust, Evaporative and Visible Emissions for Light-Duty and Heavy-Duty
Vehicles
----------------------------------------------------------------------------------------------------------------
* * * * * * *
VI. Clean Screen Program Maximum 9/30/2017 3/11/2019 [Insert Federal ...................
Allowable Emissions Limits. Register citation]. 2/
7/2019.
VII. On-Board Diagnostic Inspection 9/30/2017 3/11/2019 [Insert Federal ...................
Passing Criteria. Register citation]. 2/
7/2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Appendices
----------------------------------------------------------------------------------------------------------------
Appendix A, Technical 11/30/2014, 9/ 3/11/2019 [Insert Federal ...................
Specifications. 30/2017 Register citation]. 2/
7/2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 2453]]
* * * * *
[FR Doc. 2019-00713 Filed 2-6-19; 8:45 am]
BILLING CODE 6560-50-P
