75388 Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Rules and Regulations 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

8-Hour Ozone Maintenance 

Plan for the Fredericksburg 

Area.

City of Fredericksburg, Spotsylvania County, and Stafford County.5/4/05 12/23/05, 70 FR 76165.

................................................ 9/26/11 12/20/12 [Insert page number 

where the document begins].

Revised 2009 and 2015 

motor vehicle emission 

budgets for NOX. 

* * * * * * * 

■ 3. Section 52.2424 paragraph (c) is 

revised to read as follows: 

§ 52.2424 Motor vehicle emissions 

budgets. 

* * * * * 

(c) EPA approves the following 

revised 2009 and 2015 motor vehicle 

emissions budgets (MVEBs) for the 

Fredericksburg 8-Hour Ozone 

Maintenance Area submitted by the 

Virginia Department of Environmental 

Quality (VADEQ) on September 26, 

2011: 

Applicable geographic area Year Tons per day 

(TPD) NOX

Fredericksburg Area (Spotsylvania and Stafford Counties and City of Fredericksburg) ........................................ 2009 19.615 

Fredericksburg Area (Spotsylvania and Stafford Counties and City of Fredericksburg) ........................................ 2015 12.933 

Dated: November 27, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–30103 Filed 12–19–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–0AR–2011–1004; FRL–9676–3] 

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: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision that 

was 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: Effective Date: This final rule is 

effective January 22, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–1004. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in 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: 

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. Background 

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. Final Action 

VII. Statutory and Executive Order Reviews 

I. Background 

On January 12, 2012, EPA published 

a proposed rule in the Federal Register 

in which we proposed approval of a 

State Implementation Plan (SIP) 

revision that was submitted by the State 

of Colorado on August 8, 2006, and 

provided an opportunity for public 

comment through February 13, 2012 

(see 77 FR 1892). The SIP revision 

updates Colorado’s Regulation Number 

11, ‘‘Motor Vehicle Emissions 

Inspection Program,’’ by removing the 

light duty vehicle emission testing 


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Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Rules and Regulations 75389 

1We 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. 

2A 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. 

3The State never implemented the 2006 

cutpoints. 

limits that went into effect on January 

1, 2006, for 1996 and newer model year 

vehicles. We did not receive any 

comments in response to our January 

12, 2012, proposed rule. 

II. What is the purpose of this action? 

In this action, EPA is approving a 

revision to Colorado’s Regulation 

Number 11 (hereafter ‘‘Regulation No. 

11’’), ‘‘Motor Vehicle Emissions 

Inspection Program.’’ This revision 

removes 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’’) will continue 

to be federally enforceable. 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

The 2006 cutpoints were 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 that it 

was reasonable for the State to remove 

the 2006 cutpoints from Regulation No. 

11. Our rationale was provided in our 

proposed rule (see 77 FR 1892, January 

12, 2012) and is also included below for 

the reader’s convenience. This revision 

to Regulation No. 11 will be 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 January 30, 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 approval 

below: 

Basis for EPA’s Approval: The State Did 

Not Need the 2006 Cutpoints 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. 

Because the 2006 cutpoints have not 

been necessary for the area to attain the 

80 ppb 8-hour ozone NAAQS, we are 

approving the State’s removal of the 

2006 cutpoints from Regulation No. 11. 

V. Consideration of Section 110(l) of the 

Clean Air Act 

Section 110(l) 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. Final Action 

EPA is approving 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. 


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75390 Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Rules and Regulations 

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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 19, 

2013. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, and 

Volatile organic compounds. 

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

Dated: April 30, 2012. 

James B. Martin, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart G—Colorado 

■ 2. Section 52.320 is amended by 

adding two sentences to the end of 

paragraph (c)(107)(i)(C) to read as 

follows: 

§ 52.320 Identification of plan. 

* * * * * 

(c) * * * 

(107) * * * 

(i) * * * 

(C) * * * On August 8, 2006, 

Colorado submitted revisions to 

Colorado’s Regulation Number 11— 

Motor Vehicle Emissions Inspection 

Program, part F, section III.A.2, that 

EPA approved and that superseded the 

version of section III.A.2 that EPA 

incorporated by reference in this 

paragraph. See § 52.329(f). 

* * * * * 

■ 3. Add paragraph (f) to § 52.329 to 

read as follows: 

§ 52.329 Rules and regulations. 

* * * * * 

(f) On August 8, 2006, Dennis E. Ellis, 

Executive Director of the Colorado 

Department of Public Health and 

Environment, and on behalf of the 

Governor, submitted revisions to 5 CCR 

1001–13, Colorado’s Regulation Number 

11—Motor Vehicle Emissions 

Inspection Program, part F, section 

III.A.2. These revisions removed from 

Colorado’s Regulation Number 11 the 

light duty vehicle emission testing 

limits that went into effect on January 

1, 2006 for 1996 and newer model year 

vehicles. These revisions were adopted 

on November 17, 2005, and became 

state-effective on January 30, 2006. The 

revised version of section III.A.2, as 

approved by EPA, reads as follows: 

(1) The following emissions standards 

shall apply to those tests performed on 

model year 1996 and newer vehicles, on 

and after January 1, of the dates 

specified: 

Calendar year HC CO NOX

2002 .............................. 1.2 20 3.0 

2003 .............................. 1.2 20 3.0 

[FR Doc. 2012–30442 Filed 12–19–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2012–0842; FRL–9372–8] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is promulgating 

significant new use rules (SNURs) under 


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