83_FR_41195 83 FR 41035 - Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Motor Vehicle Inspection and Maintenance Program and Associated Revisions

83 FR 41035 - Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Motor Vehicle Inspection and Maintenance Program and Associated Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 160 (August 17, 2018)

Page Range41035-41039
FR Document2018-17805

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).

Federal Register, Volume 83 Issue 160 (Friday, August 17, 2018)
[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Proposed Rules]
[Pages 41035-41039]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17805]


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 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.

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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 http://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 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

[[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.
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    \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.
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    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\
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    \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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    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 http://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



                                                                        Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Proposed Rules                                           41035

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                                                                                                        [FR Doc. 2018–17763 Filed 8–16–18; 8:45 am]
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                                                                                                                                                                 Docket: All documents in the docket
                                                area defined in paragraph (b)(1) of this                Quality Implementation Plans; State of
                                                                                                                                                              are listed in the www.regulations.gov
                                                section. Only participants and official                 Colorado; Motor Vehicle Inspection
                                                                                                                                                              index. Although listed in the index,
                                                patrol vessels are allowed to enter the                 and Maintenance Program and
                                                                                                                                                              some information is not publicly
                                                Buffer Zone.                                            Associated Revisions
                                                                                                                                                              available, e.g., CBI or other information
                                                   (6) The Spectator Area is an area
                                                                                                        AGENCY:  Environmental Protection                     whose disclosure is restricted by statute.
                                                described by a line bounded by
                                                                                                        Agency (EPA).                                         Certain other material, such as
                                                coordinates provided in latitude and
                                                                                                        ACTION: Proposed rule.                                copyrighted material, will be publicly
                                                longitude that outlines the boundary of
                                                                                                                                                              available only in hard copy. Publicly
                                                a spectator area within the regulated                   SUMMARY:   The Environmental Protection
                                                area defined in paragraph (b)(4) of this                                                                      available docket materials are available
                                                                                                        Agency (EPA) is proposing approval of                 either electronically in
                                                section. Spectators are only allowed                    two State Implementation Plan (SIP)
                                                inside the regulated area if they remain                                                                      www.regulations.gov or in hard copy at
                                                                                                        revisions submitted by the State of                   the Air Program, Environmental
                                                within the Spectator Area. All spectator                Colorado. The revisions involve
                                                vessels shall be anchored or operate at                                                                       Protection Agency (EPA), Region 8,
                                                                                                        amendments to Colorado’s Regulation                   1595 Wynkoop Street, Denver, Colorado
                                                a no-wake speed while transiting within                 Number 11, ‘‘Motor Vehicle Emissions
                                                the Spectator Area. Spectators may                                                                            80202–1129. The EPA requests that if at
                                                                                                        Inspection Program.’’ The revisions                   all possible, you contact the individual
                                                contact the Coast Guard Patrol                          enhance the use of Regulation Number
                                                Commander to request permission to                                                                            listed in the FOR FURTHER INFORMATION
                                                                                                        11’s Clean Screen Program, allow self-                CONTACT section to view the hard copy
                                                either enter the Spectator Area or pass                 inspecting vehicle fleets to use the On-
                                                through the regulated area. If permission                                                                     of the docket. You may view the hard
                                                                                                        Board Diagnostics (OBD) testing                       copy of the docket Monday through
                                                is granted, spectators must enter the
                                                                                                        procedure, provide corrections to the                 Friday, 8:00 a.m. to 4:00 p.m., excluding
                                                Spectator Area or pass directly through
                                                                                                        Low Emitter Index (LEI) component of                  federal holidays.
                                                the regulated area as instructed at safe
                                                                                                        the Clean Screen Program, clarify                     FOR FURTHER INFORMATION CONTACT: Tim
                                                speed and without loitering.
                                                   (7) The Coast Guard Patrol                           existing provisions, correct                          Russ, Air Program, EPA, Region 8, Mail-
                                                Commander and official patrol vessels                   administrative errors, delete obsolete                code 8P–AR, 1595 Wynkoop Street,
                                                enforcing this regulated area can be                    language, establish inspection                        Denver, Colorado 80202–1129, (303)
                                                contacted on marine band radio VHF–                     procedures for when emission control                  312–6479, or russ.tim@epa.gov.
                                                FM channel 16 (156.8 MHz) and                           equipment tampering is detected, and
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                channel 22A (157.1 MHz). Persons and                    make several other minor associated
                                                                                                        revisions. These actions are being taken              Throughout this document wherever
                                                vessels desiring to transit, moor, or                                                                         ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                anchor within the regulated area must                   under section 110 of the Clean Air Act
                                                                                                                                                              the EPA.
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                                                obtain authorization from Captain of the                (CAA).
                                                Port Maryland-National Capital Region                   DATES: Written comments must be                       I. Background
                                                or Coast Guard Patrol Commander. The                    received on or before September 17,                     Colorado’s Regulation Number 11
                                                Captain of the Port Maryland-National                   2018.                                                 (hereafter ‘‘Reg. No. 11’’) addresses the
                                                Capital Region can be contacted at                      ADDRESSES: Submit your comments,                      implementation of the State’s motor
                                                telephone number 410–576–2693 or on                     identified by Docket ID No. EPA–R08–                  vehicle inspection and maintenance (I/
                                                Marine Band Radio, VHF–FM channel                       OAR–2018–0530, to the Federal                         M) program. The I/M program consists
                                                16 (156.8 MHz). The Coast Guard Patrol                  Rulemaking Portal: https://                           of an ‘‘enhanced’’ component that


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                                                41036                   Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Proposed Rules

                                                utilizes a dynamometer-based EPA                           Beginning in January 2015, Colorado                  utilize the more effective and more
                                                IM240 1 test for 1982 and newer light-                  also began implementing an OBD test                     convenient OBD II testing procedure on
                                                duty gasoline vehicles and a two-speed                  for certain model year vehicles. An OBD                 all 1996 model year and newer vehicles.
                                                idle test (TSI) 2 for 1981 and older light-             I/M test essentially means the electronic                  f. Revisions to Part C.II.C.3 regarding
                                                duty gasoline vehicles. To improve                      retrieval, by connecting an OBD test                    acceptable readiness criteria for OBD
                                                motorist convenience and reduce                         analyzer to the computer port data link                 sensors and monitors.
                                                program implementation costs, the State                 in the vehicle, of information from a                      g. Revisions to Part C.II.C.9 and C.10
                                                also administers a remote sensing-based                 vehicle’s computer system. The                          regarding I/M240 tests and tampering
                                                ‘‘Clean Screen’’ component of the I/M                   electronic information retrieved                        associated with OBD tests.
                                                program. Remote sensing is a method                     includes stored readiness status,                          h. Revisions to Part C.VIII and IX to
                                                for measuring vehicle emissions, while                  diagnostic trouble codes (DTC),                         clarify and modernize provisions for
                                                simultaneously photographing the                        malfunction indicator light (MIL)                       issuance of emissions repair, diagnostic
                                                license plate, when a vehicle passes                    illumination and other data. If emission                and economic hardship waivers.
                                                through infrared or ultraviolet beams of                related DTCs are present or the MIL is                     i. Revisions to Part D.I.B. 5, 6, and 7
                                                light. Owners of vehicles meeting the                   commanded on, that would indicate an                    to remove obsolete language regarding
                                                Clean Screen criteria are notified by the               emissions related malfunction.3                         dwell meters, timing lights, and idle
                                                County Clerk that their vehicles have                      In addition, Colorado also extended                  adjustment.
                                                passed the motor vehicle inspection                     the Reg. No. 11 exemption from I/M                         j. Revisions to Part F.VI.B, the
                                                process and are exempt from their next                  testing for new vehicles from 4 years to                roadside remote sensing clean screen
                                                regularly scheduled IM240 test.                         7 years. This revision was based on                     LEI, to allow for greater utilization of
                                                   The Clean Screen program component                   Colorado’s gathering of emissions                       this component of the I/M program.
                                                of Colorado’s Reg. No. 11 was originally                testing information over a period of                       k. Revisions to Part F.VII with regard
                                                approved, for implementation in the                     several years, which demonstrated that                  to OBD testing criteria.
                                                Metro-Denver area, with the Denver                      historically new and newer vehicles                        l. Revisions to Appendix A,
                                                carbon monoxide redesignation to                        typically did not fail the IM240 or OBD                 Attachment IV, Section 2.2, and the
                                                attainment and maintenance plan (see:                   emissions test within the first seven                   deletion of Appendix B in its entirety
                                                66 FR 64751, December 14, 2001). The                    years of the vehicle’s life.                            such as to remove obsolete
                                                Clean Screen criteria that was approved                                                                         specifications and procedures for
                                                in 2001 by the EPA required two valid                   II. What action is the Agency taking?                   vehicle inspection analyzer calibration
                                                passing remote sensing readings on                         As explained below, the EPA is                       gasses.
                                                different days or from different sensors,               proposing to approve various revisions                     m. Corrections of typographical,
                                                that met the applicable emissions                       to Colorado’s Reg. No. 11 that the State                grammatical, and formatting errors
                                                reading requirements in Part F of Reg.                  submitted to the EPA on February 20,                    throughout Reg. No. 11.
                                                No. 11, within a 12-month period to                     2015, and on May 14, 2018. Most of the                     We note that the specific basis for our
                                                clean-screen a vehicle (see 66 FR 44097,                revisions involve minor updates to                      proposed action and our analyses and
                                                August 22, 2001).                                       several sections of Reg. No. 11 and the                 findings are discussed in this proposed
                                                   Colorado revised Reg. No. 11 to                      deletion of obsolete language. More                     rulemaking. Technical information that
                                                expand the definition and requirements                  specifically, the substantive SIP                       we relied upon in this proposal is
                                                for a ‘‘clean-screened vehicle’’ to also                revisions involve:                                      contained in the docket, available at
                                                include vehicles identified as low                         a. Addition of a definition of                       http://www.regulations.gov, Docket No.
                                                emitting vehicles in the state-                         ‘‘Tampering’’ to Part A.II.                             EPA–R08–OAR–2018–0530.
                                                determined LEI which have one passing                      b. Revisions to Part B.IV.B to require               III. What was the State’s process?
                                                remote sensing reading prior to the                     span gases to be labelled in accordance
                                                vehicle’s registration renewal date. As                 with Attachment VI of Appendix A.                          Section 110(a)(2) of the CAA requires
                                                part of the LEI process, the Colorado                      c. Revisions to Part A.II.16 and Part                that a state provide reasonable notice
                                                Department of Public Health and                         C.XII. (A.3 and C.2) to increase clean                  and public hearing before adopting a
                                                Environment, Air Pollution Control                      screening efficiency by removing the                    SIP revision and submitting it to us.
                                                Division (APCD) develops an LEI on or                   requirement that two qualifying clean                   The State’s February 20, 2015 SIP
                                                before July 1 of each year. The LEI is                  screen observations must be made on                     Submittal
                                                based on a tabulation of the previous                   different days or at different locations.
                                                                                                           d. Revisions to Part C.II.B.4 to remove                 On October 16, 2014, the Colorado Air
                                                calendar year’s IM240 inspection
                                                                                                        incomplete and obsolescent qualifying                   Quality Control Commission (AQCC)
                                                program results for specific make,
                                                                                                        criteria for certain vehicles that are                  conducted a public hearing to consider
                                                model, and model year vehicles that
                                                                                                        unable to be tested on the IM240 chassis                the adoption of revisions and additions
                                                passed IM240 vehicle inspections the
                                                                                                        dynamometer.                                            to the Colorado SIP. The revisions
                                                previous year at a minimum rate of
                                                                                                           e. Revisions to Part C.II.C to allow                 affecting the SIP involved the Reg. No.
                                                98%.
                                                                                                        self-inspecting gasoline vehicle fleets to              11 revisions noted above and as
                                                   1 See 40 CFR part 51, subpart S for a complete
                                                                                                                                                                discussed below in section IV. There
                                                description of EPA’s IM240 test. The IM240 test is        3 The EPA required that OBD II testing                were no public comments. After
                                                essentially an enhanced motor vehicle emissions         requirements be in place by January 1, 2002 (66 FR      conducting a public hearing, the AQCC
                                                test to measure mass tailpipe emissions while the       18156; April 5, 2001). All 1996 and newer model         adopted the proposed revisions to Reg.
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                                                vehicle follows a computer generated driving cycle      year light duty gasoline and alternate fuel passenger
                                                trace for 240 seconds and while the vehicle is on
                                                                                                                                                                No 11 on October 16, 2014. The SIP
                                                                                                        cars and trucks are required to have OBD II systems.
                                                a dynamometer.                                          OBD–II is an improvement over OBD–I in both             revisions became State effective on
                                                   2 See 40 CFR part 51, subpart S for a complete       capability and standardization. The OBD–II              November 30, 2014.
                                                description of EPA’s two-speed idle test. The two-      standard specifies the type of diagnostic connector        We evaluated the State’s February 20,
                                                speed idle test essentially measures the mass           and its pinout, the electrical protocols available,     2015 SIP submittal for Reg. No. 11 and
                                                tailpipe emissions of a stationary vehicle; one         and the messaging format. The OBD–II standard
                                                reading is at a normal idle of approximately 700 to     provides a list of standardized DTCs. OBD–II
                                                                                                                                                                determined that the State met the
                                                800 engine revolutions per minute (RPM) and one         standardization was prompted to simplify diagnosis      requirements for reasonable notice and
                                                reading at 2,500 RPM.                                   of increasingly complicated emissions equipment.        public hearing under section 110(a)(2)


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                                                                        Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Proposed Rules                                          41037

                                                of the CAA. By operation of law under                   tampering, and VIII.B.3 (renumbered to                  14. Appendix A, Technical
                                                section 110(k)(1)(B) of the CAA, the                    VIII.B.2) to clarify requirements for                 Specifications: Modify section 2.11 to
                                                State’s February 20, 2015 submittal was                 expenditures needed to qualify for an                 remove a reference to gas blender
                                                deemed complete on August 20, 2015.                     emissions test waiver. Remove prior                   specifications in the obsolete Appendix
                                                                                                        sections VIII.B.2, VIII.B.4, and VIII.B.5.            B and change to indicate as approved by
                                                The State’s May 14, 2018 SIP Submittal                  We note that section VIII.B.2 involved                the Colorado APCD.
                                                   On May 17, 2017, the AQCC                            certain aspects of the basic I/M program                15. Appendix A, Technical
                                                conducted a public hearing to consider                  that are obsolete and sections VIII.B.4               Specifications, Attachment IV: Modify
                                                the adoption of revisions and additions                 and VIII.B.5 contained emissions                      section IV.2.2 to indicate that the
                                                to the Colorado SIP. The revisions                      reduction and operating parameter                     Colorado97 procedure shall use two tri-
                                                affecting the SIP involved the Reg. No.                 requirements that are not required                    blend span gas blends that meet the
                                                11 revisions noted above and as                         under 40 CFR 51.360 for waivers.                      California BAR97 span gas low (blend
                                                discussed below in section V. There                        6. Part C, section VIII: Modify section            31) and high (blend 34) specifications.
                                                were no public comments. After                          VIII.C to require a vehicle to be                       16. Appendix A, Technical
                                                conducting a public hearing, the AQCC                   evaluated via an IM240 test if the OBD                Specifications, Attachment IV: Modify
                                                adopted the proposed revisions to Reg.                  MIL remains illuminated even after the                section IV.2.3 to indicate that audit
                                                No. 11 on May 17, 2017. The SIP                         maximum expenditure for repairs has                   gases shall meet the California BAR97
                                                revisions became State effective on                     been met.                                             audit gas specification.
                                                September 30, 2017.                                        7. Part C, section VIII: Modify section              17. Appendix A, Technical
                                                   We evaluated the State’s May 14, 2018                VIII.D.1 to add failure for an OBD test.              Specifications, Attachment VI: Modify
                                                SIP submittal for Reg. No. 11 and                          8. Part C, section VIII: Modify section            section VI to revise the label figure to
                                                determined that the State met the                       VIII.F to remove unnecessary language                 indicate that it represents the Colorado-
                                                requirements for reasonable notice and                  regarding the generation of an emissions              approved calibration span gas.
                                                public hearing under section 110(a)(2)                  sticker and removal of the prior                        18. Appendix B, Standards and
                                                of the CAA. In addition, our evaluation                 emissions sticker by an emissions                     Specifications for Calibration/Span Gas
                                                of the SIP revisions submittal also                     inspector.                                            Suppliers: Appendix B was removed by
                                                concluded that it met the minimum                          9. Part C, section IX: Remove this                 the State in its entirety as it contained
                                                ‘‘completeness’’ criteria found in 40                   section in its entirety to delete obsolete            obsolete specifications and procedures
                                                CFR part 51, Appendix V.                                language regarding engine and                         for inspection analyzer calibration
                                                                                                        emissions equipment adjustment                        gases.
                                                IV. EPA’s Evaluation of the State’s 2015                procedures. These procedures are no
                                                Revisions to Part A, Part B, Part C, Part               longer performed by inspectors; instead,              V. EPA’s Evaluation of the State’s 2018
                                                F, Appendix A and Appendix B                            if a vehicle does not pass the owner                  Revisions to Part C, Part D, Part F and
                                                                                                        must have the necessary repairs done                  Appendix A
                                                   The sections of Reg. No. 11 that were
                                                revised with the State’s February 20,                   before the vehicle is retested.                          The sections of Reg. No. 11 that were
                                                2015 submittal were as follows:                            10. Part C, section X: Modify section              revised with the State’s May 14, 2018
                                                   1. Part A, section II: Add a new                     X.A and X.B to include provisions for                 submittal were as follows:
                                                definition number 50, ‘‘Tampering.’’                    emissions related repairs that are                       1. Part C, section II: Modify section
                                                Renumber definitions number 51 and                      necessary to extinguish the OBD MIL                   II.C.3.a to replace the existing monitor
                                                higher. The new definition is consistent                light.                                                readiness evaluation with a monitor
                                                with the prohibitions in CAA section                       11. Part C, section X: Modify section              readiness evaluation that ensures that
                                                203(a)(3)(A).                                           X.C to state the specific requirements to             the oxygen sensor and/or heated oxygen
                                                   2. Part B, section IV: Modify section                meet the emissions maximum                            sensor monitor(s) shall be ready if
                                                IV.B to require span gases to be labelled               expenditure for repairs cost limit, with              supported, the catalyst monitor shall be
                                                in accordance with Attachment VI of                     respect to an OBD test, in order for a                ready if supported, 2001 and newer
                                                Appendix A and to require span and                      vehicle to be eligible to apply for a                 vehicles shall only be allowed to have
                                                calibration gas suppliers to be approved                waiver.                                               one supported monitor in a not ready
                                                by the Colorado Automobile Inspection                      12. Part F, section VI: The State                  status, and 2000 and older vehicles shall
                                                and Readjustment (AIR) Program                          modified section VI.B.3 to remove a                   only be allowed to have two supported
                                                Standards Lab.                                          98% passing criteria for Clean Screen                 monitors in a not ready status. In
                                                   3. Part C, section II: Modify section                vehicles and instead indicate the                     addition, if the above criteria are not
                                                II.B.4 to replace specific criteria for                 passing criteria would be based on                    met and the vehicle’s MIL light is
                                                eligibility for an alternative test to the              sound scientific evidence. The EPA is                 commanded off, then the vehicle will be
                                                IM240 test with an eligibility list that is             not acting on this revision in the State’s            required to be evaluated via an IM240
                                                maintained in the Colorado APCD                         February 20, 2015 SIP submittal, as it                test.
                                                Emission Technical Center Procedures                    has been superseded by the 2018                          2. Part C, section II: Modify section
                                                Manual.                                                 revisions.                                            II.C.9 to indicate that for the 5 percent
                                                   4. Part C, section II: Modify section                   13. Part F, section VI: The State added            vehicles that are selected at random
                                                II.C to indicate that effective July 1,                 section VI.B.4 to include that the State              from the OBD test for a subsequent
                                                2015, 1996 and newer light duty                         would establish the low emitting                      IM240 test, the IM240 test shall be the
                                                vehicles that are owned by a fleet that                 vehicle index, without review by the                  pass/fail determination for these
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                                                operates a Fleet Inspection Station shall               EPA or the public, and would retain the               vehicles.
                                                administer an OBD test as specified in                  low emitting vehicle index in the State’s                3. Part C, section II: New section
                                                40 CFR 85.2222.                                         Emission Technical Center Procedures                  II.C.10 that states if the vehicle’s OBD
                                                   5. Part C, section VIII: Modify sections             Manual. The EPA is not acting on this                 responds that the catalyst readiness
                                                VIII.B.1 to require, as part of eligibility             revision in the State’s February 20, 2015             monitor is not supported and that all
                                                for an emissions test waiver, there are                 SIP submittal, as it has been superseded              readiness monitors are supported, or if
                                                no visible smoke emissions from the                     by the May 14, 2018 submitted                         any other OBD tampering indicators are
                                                vehicle’s exhaust, there has been no                    revisions.                                            present, then the OBD test will be failed.


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                                                41038                   Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Proposed Rules

                                                   4. Part D, section I: Modify sections                we propose that the Reg. No. 11 SIP                   42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                I.B to remove sections I.B.5, I.B.6 and                 revisions, submitted by the State in                  Thus, in reviewing SIP submissions, the
                                                I.B.7 to delete obsolete terms and                      letters dated February 20, 2015, and                  EPA’s role is to approve state choices
                                                renumber the remaining sections in I.B.                 May 14, 2018, sufficiently address                    provided that they meet the criteria of
                                                   5. Part D, section I: Modify                         applicable provisions in 40 CFR part 51,              the CAA. Accordingly, this action
                                                renumbered section I.B.10 to indicate                   subpart S, 40 CFR part 85, subpart W,                 merely proposes to approve state law as
                                                that renumbered sections I.B.5 and I.B.6                and that our approval is warranted.                   meeting federal requirements and does
                                                are not required for licensing as an                                                                          not impose additional requirements
                                                inspection-only station or inspection-                  VII. Consideration of Section 110(1) of
                                                                                                                                                              beyond those imposed by state law. For
                                                only facility.                                          the Clean Air Act
                                                                                                                                                              that reason, this action:
                                                   6. Part D, section I: Remove prior                      Section 110(1) of the CAA states that                 • Is not a ‘‘significant regulatory
                                                numbered section I.B.15 as it contains                  a SIP revision cannot be approved if the              action’’ subject to review by the Office
                                                obsolete language.                                      revision would interfere with any                     of Management and Budget under
                                                   7. Part F, section VI: Modify section                applicable requirement concerning                     Executive Orders 12866 (58 FR 51735,
                                                VI.B.1 to remove the restricting term                   attainment and reasonable further                     October 4, 1993) and 13563 (76 FR 3821,
                                                ‘‘IM240’’ which then allows all types of                progress towards attainment of a                      January 21, 2011);
                                                test results to be evaluated.                           National Ambient Air Quality Standard                    • Is not an Executive Order 13771 (82
                                                   8. Part F, section VI: Modify section                or any other applicable requirement of                FR 9339, February 2, 2017) regulatory
                                                VI.B.2 to remove the unnecessary term                   the CAA. In view of the evaluations                   action because SIP approvals are
                                                ‘‘exhaust.’’                                            presented in sections IV and V above,                 exempted under Executive Order 12866;
                                                   9. Part F, section VI: Modify section                the EPA proposes that the revisions to                   • Does not impose an information
                                                VI.B.3 to remove the minimum 98%                        Colorado’s Reg. No. 11 that are                       collection burden under the provisions
                                                passing rate criteria for the LEI and                   contained in the State’s SIP submittals               of the Paperwork Reduction Act (44
                                                instead require that the passing rate                   dated February 20, 2015, and May 14,                  U.S.C. 3501 et seq.);
                                                criteria ensures equivalent air quality                 2018 will not interfere with attainment,                 • Is certified as not having a
                                                benefits as a second remote sensing test.               reasonable further progress, or any other             significant economic impact on a
                                                   10. Part F, section VI: Modify section               applicable requirement of the CAA.                    substantial number of small entities
                                                VI.B.4 to remove prior language and to                                                                        under the Regulatory Flexibility Act (5
                                                add that the passing rate criteria for the              VIII. Proposed Action                                 U.S.C. 601 et seq.);
                                                LEI, as established by the APCD, will be                  The EPA is proposing approval of the                   • Does not contain any unfunded
                                                maintained and contained in the                         February 20, 2015, submitted SIP                      mandate or significantly or uniquely
                                                APCD’s Emissions Technical Center                       revisions to Colorado’s Regulation                    affect small governments, as described
                                                Procedures Manual, and will be                          Number 11, Part A, Part B, Part C, Part               in the Unfunded Mandates Reform Act
                                                submitted to the EPA on or before July                  F, Appendix A and the deletion of                     of 1995 (Pub. L. 104–4);
                                                1 of each year.                                         Appendix B. The EPA notes that                           • Does not have Federalism
                                                   11. Part F, section VII: Modify section              revisions to Part F, sections VI.B.3 and              implications as specified in Executive
                                                VII to remove the obsolete sections VII.E               VI.B.4 were also provided with the                    Order 13132 (64 FR 43255, August 10,
                                                and VII.F.                                              State’s February 20, 2015 submittal. The              1999);
                                                   12. Appendix A, Technical                            EPA is not proposing action on these                     • Is not an economically significant
                                                Specifications, Attachment V: Modify                    sections of Part F for the reasons noted              regulatory action based on health or
                                                Attachment V ‘‘Specifications for                       above in section IV of this action.                   safety risks subject to Executive Order
                                                Colorado On-Board Diagnostic (OBD)                        In addition, the EPA is proposing                   13045 (62 FR 19885, April 23, 1997);
                                                Stand-Alone Analyzer’’ to remove the                    approval of the May 14, 2018, submitted                  • Is not a significant regulatory action
                                                obsolete language regarding readiness                   SIP revisions to Regulation Number 11,                subject to Executive Order 13211 (66 FR
                                                criteria for a vehicle’s oxygen sensor,                 Part C, Part D, Part F and Appendix A.                28355, May 22, 2001);
                                                catalyst sensor and the allowable                                                                                • Is not subject to requirements of
                                                number of not-ready sensors for 2001                    IX. Incorporation by Reference                        section 12(d) of the National
                                                and newer vehicles and 2000 and older                     In this rule, the EPA is proposing to               Technology Transfer and Advancement
                                                vehicles. The revised language now                      include in a final EPA rule regulatory                Act of 1995 (15 U.S.C. 272 note) because
                                                contains overall requirements for OBD                   text that includes incorporation by                   application of those requirements would
                                                readiness such that if the readiness                    reference. In accordance with                         be inconsistent with the CAA; and
                                                evaluation indicates that a vehicle has                 requirements of 1 CFR 51.5, the EPA is                   • Does not provide the EPA with the
                                                more than one unset (not ready)                         proposing to incorporate by reference                 discretionary authority to address, as
                                                readiness monitor, and the MIL is                       the amendments described in sections                  appropriate, disproportionate human
                                                commanded off, then the inspection is                   IV and V, above. The EPA has made,                    health or environmental effects, using
                                                automatically aborted with the reason                   and will continue to make, these                      practicable and legally permissible
                                                printed out on the Vehicle Inspection                   materials generally available through                 methods, under Executive Order 12898
                                                Report.                                                 www.regulations.gov and at the EPA                    (59 FR 7629, February 16, 1994).
                                                                                                        Region 8 Office (please contact the                      In addition, the SIP is not approved
                                                VI. Conclusion                                                                                                to apply on any Indian reservation land
                                                                                                        person identified in the FOR FURTHER
                                                  Our review of the State’s Reg. No. 11                 INFORMATION CONTACT section of this                   or in any other area where the EPA or
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                                                revisions, as presented above in sections               preamble for more information).                       an Indian tribe has demonstrated that a
                                                IV and V, involved numerous revisions                                                                         tribe has jurisdiction. In those areas of
                                                to Reg. No. 11 Parts A, B, C, D, F,                     X. Statutory and Executive Order                      Indian country, the proposed rule does
                                                Appendix A, the deletion of Appendix                    Reviews                                               not have tribal implications and will not
                                                B, and overall formatting, correction of                  Under the CAA, the Administrator is                 impose substantial direct costs on tribal
                                                typographic errors and other non-                       required to approve a SIP submission                  governments or preempt tribal law as
                                                substantive changes. Based on our                       that complies with the provisions of the              specified by Executive Order 13175 (65
                                                review and evaluation discussed above,                  Act and applicable federal regulations.               FR 67249, November 9, 2000).


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                                                                         Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Proposed Rules                                           41039

                                                List of Subjects in 40 CFR Part 52                        • Federal eRulemaking Portal: http://               DEPARTMENT OF HEALTH AND
                                                  Environmental protection, Air                         www.regulations.gov. Follow the online                HUMAN SERVICES
                                                pollution control, Carbon monoxide,                     instructions for submitting comments.
                                                Incorporation by reference,                             Do not submit electronically any                      42 CFR Part 88
                                                Intergovernmental relations, Nitrogen                   information you consider to be
                                                dioxide, Ozone, Reporting and                           Confidential Business Information (CBI)               [NIOSH Docket 094]
                                                recordkeeping requirements, and                         or other information whose disclosure is
                                                Volatile organic compounds.                             restricted by statute.                                World Trade Center Health Program;
                                                                                                                                                              Petition 019—Irritable Bowel
                                                   Authority: 42 U.S.C. 7401 et seq.                      • Mail: Document Control Office
                                                                                                                                                              Syndrome; Finding of Insufficient
                                                  Dated: August 13, 2018.                               (7407M), Office of Pollution Prevention               Evidence
                                                Douglas Benevento,
                                                                                                        and Toxics (OPPT), Environmental
                                                                                                        Protection Agency, 1200 Pennsylvania                  AGENCY: Centers for Disease Control and
                                                Regional Administrator, EPA Region 8.
                                                                                                        Ave. NW, Washington, DC 20460–0001.                   Prevention, HHS.
                                                [FR Doc. 2018–17805 Filed 8–16–18; 8:45 am]
                                                BILLING CODE 6560–50–P
                                                                                                          • Hand Delivery: To make special                    ACTION: Denial of petition for addition of
                                                                                                        arrangements for hand delivery or                     a health condition.
                                                                                                        delivery of boxed information, please
                                                ENVIRONMENTAL PROTECTION                                follow the instructions at http://                    SUMMARY:   On May 17, 2018, the
                                                AGENCY                                                  www.epa.gov/dockets/contacts.html.                    Administrator of the World Trade
                                                                                                          Additional instructions on                          Center (WTC) Health Program received
                                                40 CFR Part 721
                                                                                                        commenting or visiting the docket,                    a petition (Petition 019) to add irritable
                                                [EPA–HQ–OPPT–2017–0414; FRL–9981–82]                    along with more information about                     bowel syndrome (IBS) to the List of
                                                                                                        dockets generally, is available at http://            WTC-Related Health Conditions (List).
                                                RIN 2070–AB27                                                                                                 Upon reviewing the scientific and
                                                                                                        www.epa.gov/dockets.
                                                                                                                                                              medical literature, including
                                                Significant New Use Rules on Certain                    FOR FURTHER INFORMATION CONTACT:                      information provided by the petitioner,
                                                Chemical Substances
                                                                                                           For technical information contact:                 the Administrator has determined that
                                                AGENCY:  Environmental Protection                       Kenneth Moss, Chemical Control                        the available evidence does not have the
                                                Agency (EPA).                                           Division (7405M), Office of Pollution                 potential to provide a basis for a
                                                ACTION: Proposed rule.                                  Prevention and Toxics, Environmental                  decision on whether to add IBS to the
                                                                                                        Protection Agency, 1200 Pennsylvania                  List. The Administrator also finds that
                                                SUMMARY:    EPA is proposing significant                Ave. NW, Washington, DC 20460–0001;                   insufficient evidence exists to request a
                                                new use rules (SNURs) under the Toxic                   telephone number: (202) 564–9232;                     recommendation of the WTC Health
                                                Substances Control Act (TSCA) for 27                    email address: moss.kenneth@epa.gov.                  Program Scientific/Technical Advisory
                                                chemical substances which were the                                                                            Committee (STAC), to publish a
                                                subject of premanufacture notices                          For general information contact: The               proposed rule, or to publish a
                                                (PMNs). The chemical substances are                     TSCA-Hotline, ABVI-Goodwill, 422                      determination not to publish a proposed
                                                subject to Orders issued by EPA                         South Clinton Ave., Rochester, NY                     rule.
                                                pursuant to section 5(e) of TSCA. This                  14620; telephone number: (202) 554–
                                                                                                        1404; email address: TSCA-Hotline@                    DATES:  The Administrator of the WTC
                                                action would require persons who
                                                                                                        epa.gov.                                              Health Program is denying this petition
                                                intend to manufacture (defined by
                                                                                                                                                              for the addition of a health condition as
                                                statute to include import) or process any
                                                                                                        SUPPLEMENTARY INFORMATION:      In                    of August 17, 2018.
                                                of these 27 chemical substances for an
                                                                                                        addition to this Notice of Proposed
                                                activity that is designated as a                                                                              ADDRESSES:  Visit the WTC Health
                                                significant new use by these rules to                   Rulemaking, EPA is issuing the action
                                                                                                                                                              Program website at https://
                                                notify EPA at least 90 days before                      as a direct final rule elsewhere in this              www.cdc.gov/wtc/received.html to
                                                commencing that activity. The required                  issue of the Federal Register. For further            review Petition 019.
                                                notification initiates EPA’s evaluation of              information about the proposed
                                                                                                        significant new use rules, please see the             FOR FURTHER INFORMATION CONTACT:
                                                the intended use within the applicable
                                                review period. Persons may not                          information provided in the direct final              Rachel Weiss, Program Analyst, 1090
                                                commence manufacture or processing                      action, with the same title, that is                  Tusculum Avenue, MS: C–48,
                                                for the significant new use until EPA                   located in the ‘‘Rules and Regulations’’              Cincinnati, OH 45226; telephone (855)
                                                has conducted a review of the notice,                   section of this issue of the Federal                  818–1629 (this is a toll-free number);
                                                made an appropriate determination on                    Register.                                             email NIOSHregs@cdc.gov.
                                                the notification, and has taken such                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                        List of Subjects in 40 CFR Part 721
                                                actions as are required with that
                                                determination. In addition to this notice                                                                     Table of Contents
                                                                                                          Environmental protection, Chemicals,
                                                of proposed rulemaking, EPA is issuing                  Hazardous substances, Reporting and                   A. WTC Health Program Statutory Authority
                                                the action as a direct final rule                       recordkeeping requirements.                           B. Procedures for Evaluating a Petition
                                                elsewhere in this issue of the Federal                                                                        C. Petition 019
amozie on DSK3GDR082PROD with PROPOSALS1




                                                Register.                                                 Dated: August 3, 2018.                              D. Review of Scientific and Medical
                                                                                                        Mark A. Hartman,                                          Information and Administrator
                                                DATES:  Comments must be received on                                                                              Determination
                                                or before September 17, 2018.                           Acting Director, Office of Pollution Prevention
                                                                                                        and Toxics.                                           E. Administrator’s Final Decision on Whether
                                                ADDRESSES: Submit your comments,                                                                                  To Propose the Addition of IBS to the
                                                                                                        [FR Doc. 2018–17349 Filed 8–16–18; 8:45 am]
                                                identified by docket identification (ID)                                                                          List
                                                                                                        BILLING CODE 6560–50–P
                                                number EPA–HQ–OPPT–2017–0414, by                                                                              F. Approval To Submit Document to the
                                                one of the following methods:                                                                                     Office of the Federal Register



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Document Created: 2018-08-17 03:25:49
Document Modified: 2018-08-17 03:25:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before September 17, 2018.
ContactTim Russ, Air Program, EPA, Region 8, Mail-code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6479, or [email protected]
FR Citation83 FR 41035 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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