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[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Proposed Rules]
[Pages 1892-1894]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-458]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / 
Proposed Rules

[[Page 1892]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-0AR-2011-1004; FRL-9617-8]

Approval and Promulgation of Air Quality Implementation Plans; 
State of Colorado; Motor Vehicle Inspection and Maintenance Program--
Deletion of Final Enhanced Inspection and Maintenance Emission Cutpoint 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Colorado on August 8, 2006. The 
August 8, 2006 revision updates Regulation Number 11, ``Motor Vehicle 
Emissions Inspection Program,'' by removing the light duty vehicle 
emission testing limits that went into effect on January 1, 2006 for 
1996 and newer model year vehicles. This action is being taken under 
section 110 of the Clean Air Act.

DATES: Comments must be received on or before February 13, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2011-1004, by one of the following methods:
    www.regulations.gov. Follow the on-line instructions for 
submitting comments.
     Email: russo.rebecca@epa.gov.
     Mail: Carl Daly, Director, Air Program, Environmental 
Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.
     Fax: (303) 312-6064 (please alert the individual listed in 
FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Hand Delivery: Carl Daly, Director, Air Program, 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. Such deliveries are only accepted 
Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays. 
Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2011-1004. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA, without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm. For additional 
instructions on submitting comments, go to Section I. General 
Information of the SUPPLEMENTARY INFORMATION section of this document.
    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, Region 8, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129. 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 a.m. to 4 p.m., excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Rebecca Russo, Air Program, Mailcode 
8P-AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129, telephone number (303) 312-6757, fax 
number (303) 312-6064, or email russo.rebecca@epa.gov.

SUPPLEMENTARY INFORMATION: 

Definitions

    For the purpose of this document, the following definitions apply:
    (i) The word Act or initials CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials NAAQS mean national ambient air quality 
standard.
    (iv) The initials ppb mean parts per billion.
    (v) The initials SIP mean or refer to State Implementation Plan.
    (vi) The words State or Colorado mean the State of Colorado, unless 
the context indicates otherwise.

Table of Contents

I. General Information
II. What is the purpose of this action?
III. What is the State's process to submit SIP revisions to EPA?
IV. EPA's Evaluation of the State's August 8, 2006 Submittal
V. Consideration of Section 110(l) of the Clean Air Act
VI. Proposed Action
VII. Statutory and Executive Order Reviews

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI

[[Page 1893]]

information in a disk or CD-ROM that you mail to EPA, mark the outside 
of the disk or CD-ROM as CBI and then identify electronically within 
the disk or CD-ROM the specific information that is claimed as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. What is the purpose of this action?

    In this action, EPA is proposing to approve a revision to 
Colorado's Regulation Number 11 (hererafter ``Regulation No. 11''), 
``Motor Vehicle Emissions Inspection Program.'' This revision would 
remove the light duty vehicle emission testing limits (or 
``cutpoints'') that went into effect on January 1, 2006 (hereafter 
referred to as the ``2006 cutpoints'') for 1996 and newer model year 
vehicles.\1\ The emission testing limits that went into effect on 
January 1, 2003 under Regulation No. 11 (hereafter referred to as the 
``2003 cutpoints'') would continue to be federally enforceable if we 
approve this revision. Under Regulation No. 11, a vehicle whose 
emissions exceed the applicable emissions cutpoints during an IM240 
emissions test will fail the test and must be repaired and re-
inspected.\2\
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    \1\ We note that the State never implemented the 2006 cutpoints. 
However, EPA approved them as part of Regulation No. 11, and they 
have been federally enforceable.
    \2\ A motor vehicle inspection and maintenance (I/M) program is 
a control measure that is sometimes used in SIPs to reduce emissions 
of certain air pollutants. Today's cars are dependent on properly 
functioning emission control systems to keep pollution levels low. 
I/M programs can identify problem cars and ensure that cars are 
properly maintained. Through Regulation No. 11, the state of 
Colorado operates an enhanced I/M program, relying mainly on an 
IM240 inspection test. The IM240 test is a chassis dynamometer test 
used for emission testing of light duty vehicles. It is a short, 240 
second test representing a 1.96 mile route. Under Regulation No. 11, 
a vehicle whose emissions exceed the applicable emissions cutpoints 
during an IM240 emissions test will fail the test and must be 
repaired and re-inspected. Colorado operates an enhanced IM240 test 
program in the following counties: Adams, Arapahoe, Boulder, 
Broomfield, Denver, Douglas and Jefferson (Denver metropolitan 
area). In addition, the State operates an enhanced program in 
Larimer and Weld Counties, but as a State-only (not Federally 
enforceable) requirement.
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    The 2006 cutpoints are 0.60 grams per mile for hydrocarbons (HC), 
10.0 grams per mile for carbon monoxide (CO), and 1.5 grams per mile 
for oxides of nitrogen (NOX). The 2003 cutpoints are 1.2 
grams per mile for HC, 20 grams per mile for CO, and 3.0 grams per mile 
for NOX. We have determined, and provide our rationale for 
our determination below, that it is reasonable for the State to remove 
the 2006 cutpoints from Regulation No. 11. If we approve this revision 
to Regulation No. 11, it will become part of the federally enforceable 
SIP for Colorado under the Clean Air Act (CAA).

III. What is the State's process to submit SIP revisions to EPA?

    Section 110(k) of the CAA addresses our actions on submissions of 
revisions to a SIP. The CAA requires states to observe certain 
procedural requirements in developing SIP revisions for submittal to 
us. Section 110(a)(2) of the CAA requires that each SIP revision be 
adopted after reasonable notice and public hearing. This must occur 
prior to the revision being submitted by a state to us.
    The Colorado Air Quality Control Commission (AQCC) held a public 
hearing on the revision to Regulation No. 11 on November 17, 2005. The 
AQCC adopted the revision to Regulation No. 11 directly after the 
hearing. This SIP revision became State effective on March 2, 2006, and 
the Governor submitted it to us on August 8, 2006.
    We have evaluated the Governor's submittal for Regulation No. 11 
and have determined that the State met the requirements for reasonable 
notice and public hearing under section 110(a)(2) of the CAA.

IV. EPA's Evaluation of the State's August 8, 2006 Submittal

    We have reviewed the revision to Regulation. No. 11 that the State 
submitted on August 8, 2006 and find that our approval is warranted. We 
note that we are only acting on the State's revision to Regulation No. 
11, Part F ``Maximum Allowable Emissions Limits for Motor Vehicle 
Exhaust, Evaporative and Visible Emissions for Light-Duty and Heavy 
Duty Vehicles,'' section III.A.2. On August 17, 2007, EPA approved 
other revisions to Regulation No. 11 that the State had adopted on 
November 17, 2005 (see 72 FR 46148). We describe the basis for our 
proposed approval below:
    Basis for EPA's proposed approval: the State did not need the 2006 
cupoints to attain the 1997 8-hour (80 ppb) ozone NAAQS.
    The metro-Denver/North Front Range (``NFR'') area was designated as 
nonattainment for the 1997 8-hour (80 ppb) ozone NAAQS on November 20, 
2007 (see 72 FR 53952, September 21, 2007). As a result of this 
nonattainment designation, Colorado was required to submit a dispersion 
modeled attainment demonstration that demonstrated attainment of the 
ozone NAAQS by the end of the ozone season in 2010. The State submitted 
a dispersion modeled attainment demonstration SIP revision on June 18, 
2009 that demonstrated attainment by the end of the 2010 ozone season. 
EPA approved the State's June 18, 2009 SIP revision on August 5, 2011 
(see 76 FR 47443). In its attainment demonstration for the 80 ppb 8-
hour ozone NAAQS, the State modeled the 2003 cutpoints, not the 2006 
cutpoints. We also note that monitored ambient air quality data from 
2008 through 2010 reflect that the metro-Denver/NFR area attained the 
80 ppb 8-hour ozone NAAQS in 2010 without the implementation of the 
2006 cutpoints.\3\ In addition, based on preliminary 8-hour ozone data 
from 2011, the area continues to demonstrate attainment of the 80 ppb 
8-hour ozone NAAQS.
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    \3\ The State never implemented the 2006 cutpoints.
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    Because the 2006 cutpoints have not been necessary for the area to 
attain the 80 ppb 8-hour ozone NAAQS, we are proposing to approve the 
State's removal of the 2006 cutpoints from Regulation No. 11.

[[Page 1894]]

V. 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 NAAQS or any other applicable requirement of 
the CAA. EPA has concluded that the above-described revision to 
Regulation No. 11 will not interfere with attainment, reasonable 
further progress, or any other applicable requirement of the CAA. This 
revision to Regulation No. 11 will not adversely affect the approved 
maintenance plans for Metro-Denver and Longmont for carbon monoxide 
(see 72 FR 46148, August 17, 2007), Metro-Denver for PM10 
(see 72 FR 62571, November 6, 2007), or Greeley for carbon monoxide 
(see 70 FR 48650), or the approved attainment plan for Metro-Denver/NFR 
for the 1997 8-hour (80 ppb) ozone standard (see 76 FR 47443, August 5, 
2011). For each of these areas and pollutants, the State demonstrated 
maintenance or attainment of the relevant NAAQS assuming either the 
complete absence of an I/M program or the implementation of the 2003 
cutpoints.

VI. Proposed Action

    EPA is proposing approval of the revision to Regulation No. 11 that 
the State of Colorado submitted on August 8, 2006. The revision removes 
from Regulation No. 11, Part F, section III.A.2, the light duty vehicle 
emission testing limits that went into effect on January 1, 2006.

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; and
     Does not provide 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, and Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: December 21, 2011.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2012-458 Filed 1-11-12; 8:45 am]
BILLING CODE 6560-50-P
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