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(3) The Coast Guard Patrol 

Commander may terminate the event, or 

the operation of any participant, at any 

time it is deemed necessary for the 

protection of life or property. 

(4) The Race Area is an area described 

by a line bounded by coordinates 

provided in latitude and longitude that 

outlines the boundary of a Race Area 

within the regulated area defined in 

paragraph (b)(2) of this section. The 

actual placement of the race course will 

be determined by the marine event 

sponsor but must be located within the 

designated boundaries of the Race Area. 

Only participants and official patrol 

vessels are allowed to enter the Race 

Area. 

(5) The Buffer Zone is an area that 

surrounds the perimeter of the Race 

Area within the regulated area defined 

in paragraph (b)(3) of this section. The 

purpose of a Buffer Zone is to minimize 

potential collision conflicts with 

participants and spectators or nearby 

transiting vessels. This area provides 

separation between the Race Area and 

Spectator Area or other vessels that are 

operating in the vicinity of the regulated 

area defined in paragraph (b)(1) of this 

section. Only participants and official 

patrol vessels are allowed to enter the 

Buffer Zone. 

(6) The Spectator Area is an area 

described by a line bounded by 

coordinates provided in latitude and 

longitude that outlines the boundary of 

a spectator area within the regulated 

area defined in paragraph (b)(4) of this 

section. Spectators are only allowed 

inside the regulated area if they remain 

within the Spectator Area. All spectator 

vessels shall be anchored or operate at 

a no-wake speed while transiting within 

the Spectator Area. Spectators may 

contact the Coast Guard Patrol 

Commander to request permission to 

either enter the Spectator Area or pass 

through the regulated area. If permission 

is granted, spectators must enter the 

Spectator Area or pass directly through 

the regulated area as instructed at safe 

speed and without loitering. 

(7) The Coast Guard Patrol 

Commander and official patrol vessels 

enforcing this regulated area can be 

contacted on marine band radio VHF– 

FM channel 16 (156.8 MHz) and 

channel 22A (157.1 MHz). Persons and 

vessels desiring to transit, moor, or 

anchor within the regulated area must 

obtain authorization from Captain of the 

Port Maryland-National Capital Region 

or Coast Guard Patrol Commander. The 

Captain of the Port Maryland-National 

Capital Region can be contacted at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz). The Coast Guard Patrol 

Commander can be contacted on Marine 

Band Radio, VHF–FM channel 16 (156.8 

MHz). 

(8) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio. 

(d) Enforcement periods. This section 

will be enforced from 7:30 a.m. to 5:30 

p.m. on October 6, 2018 and from 7:30 

a.m. to 5:30 p.m. on October 7, 2018. 

Dated: August 13, 2018. 

Joseph B. Loring, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2018–17763 Filed 8–16–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–0AR–2018–0530; FRL–9982–03— 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Colorado; Motor Vehicle Inspection 

and Maintenance Program and 

Associated Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing approval of 

two State Implementation Plan (SIP) 

revisions submitted by the State of 

Colorado. The revisions involve 

amendments to Colorado’s Regulation 

Number 11, ‘‘Motor Vehicle Emissions 

Inspection Program.’’ The revisions 

enhance the use of Regulation Number 

11’s Clean Screen Program, allow selfinspecting vehicle fleets to use the OnBoard Diagnostics (OBD) testing 

procedure, provide corrections to the 

Low Emitter Index (LEI) component of 

the Clean Screen Program, clarify 

existing provisions, correct 

administrative errors, delete obsolete 

language, establish inspection 

procedures for when emission control 

equipment tampering is detected, and 

make several other minor associated 

revisions. These actions are being taken 

under section 110 of the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before September 17, 

2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2018–0530, to the Federal 

Rulemaking Portal: https://

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, Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, (303) 

312–6479, or russ.tim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

Colorado’s Regulation Number 11 

(hereafter ‘‘Reg. No. 11’’) addresses the 

implementation of the State’s motor 

vehicle inspection and maintenance (I/ 

M) program. The I/M program consists 

of an ‘‘enhanced’’ component that 


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1See 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. 

2See 40 CFR part 51, subpart S for a complete 

description of EPA’s two-speed idle test. The twospeed idle test essentially measures the mass 

tailpipe emissions of a stationary vehicle; one 

reading is at a normal idle of approximately 700 to 

800 engine revolutions per minute (RPM) and one 

reading at 2,500 RPM. 

3The 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. 

utilizes a dynamometer-based EPA 

IM240 1 test for 1982 and newer lightduty gasoline vehicles and a two-speed 

idle test (TSI) 2 for 1981 and older lightduty gasoline vehicles. To improve 

motorist convenience and reduce 

program implementation costs, the State 

also administers a remote sensing-based 

‘‘Clean Screen’’ component of the I/M 

program. Remote sensing is a method 

for measuring vehicle emissions, while 

simultaneously photographing the 

license plate, when a vehicle passes 

through infrared or ultraviolet beams of 

light. Owners of vehicles meeting the 

Clean Screen criteria are notified by the 

County Clerk that their vehicles have 

passed the motor vehicle inspection 

process and are exempt from their next 

regularly scheduled IM240 test. 

The Clean Screen program component 

of Colorado’s Reg. No. 11 was originally 

approved, for implementation in the 

Metro-Denver area, with the Denver 

carbon monoxide redesignation to 

attainment and maintenance plan (see: 

66 FR 64751, December 14, 2001). The 

Clean Screen criteria that was approved 

in 2001 by the EPA required two valid 

passing remote sensing readings on 

different days or from different sensors, 

that met the applicable emissions 

reading requirements in Part F of Reg. 

No. 11, within a 12-month period to 

clean-screen a vehicle (see 66 FR 44097, 

August 22, 2001). 

Colorado revised Reg. No. 11 to 

expand the definition and requirements 

for a ‘‘clean-screened vehicle’’ to also 

include vehicles identified as low 

emitting vehicles in the statedetermined LEI which have one passing 

remote sensing reading prior to the 

vehicle’s registration renewal date. As 

part of the LEI process, the Colorado 

Department of Public Health and 

Environment, Air Pollution Control 

Division (APCD) develops an LEI on or 

before July 1 of each year. The LEI is 

based on a tabulation of the previous 

calendar year’s IM240 inspection 

program results for specific make, 

model, and model year vehicles that 

passed IM240 vehicle inspections the 

previous year at a minimum rate of 

98%. 

Beginning in January 2015, Colorado 

also began implementing an OBD test 

for certain model year vehicles. An OBD 

I/M test essentially means the electronic 

retrieval, by connecting an OBD test 

analyzer to the computer port data link 

in the vehicle, of information from a 

vehicle’s computer system. The 

electronic information retrieved 

includes stored readiness status, 

diagnostic trouble codes (DTC), 

malfunction indicator light (MIL) 

illumination and other data. If emission 

related DTCs are present or the MIL is 

commanded on, that would indicate an 

emissions related malfunction.3

In addition, Colorado also extended 

the Reg. No. 11 exemption from I/M 

testing for new vehicles from 4 years to 

7 years. This revision was based on 

Colorado’s gathering of emissions 

testing information over a period of 

several years, which demonstrated that 

historically new and newer vehicles 

typically did not fail the IM240 or OBD 

emissions test within the first seven 

years of the vehicle’s life. 

II. What action is the Agency taking? 

As explained below, the EPA is 

proposing to approve various revisions 

to Colorado’s Reg. No. 11 that the State 

submitted to the EPA on February 20, 

2015, and on May 14, 2018. Most of the 

revisions involve minor updates to 

several sections of Reg. No. 11 and the 

deletion of obsolete language. More 

specifically, the substantive SIP 

revisions involve: 

a. Addition of a definition of 

‘‘Tampering’’ to Part A.II. 

b. Revisions to Part B.IV.B to require 

span gases to be labelled in accordance 

with Attachment VI of Appendix A. 

c. Revisions to Part A.II.16 and Part 

C.XII. (A.3 and C.2) to increase clean 

screening efficiency by removing the 

requirement that two qualifying clean 

screen observations must be made on 

different days or at different locations. 

d. Revisions to Part C.II.B.4 to remove 

incomplete and obsolescent qualifying 

criteria for certain vehicles that are 

unable to be tested on the IM240 chassis 

dynamometer. 

e. Revisions to Part C.II.C to allow 

self-inspecting gasoline vehicle fleets to 

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) 


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of the CAA. By operation of law under 

section 110(k)(1)(B) of the CAA, the 

State’s February 20, 2015 submittal was 

deemed complete on August 20, 2015. 

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 triblend span gas blends that meet the 

California BAR97 span gas low (blend 

31) and high (blend 34) specifications. 

16. Appendix A, Technical 

Specifications, Attachment IV: Modify 

section IV.2.3 to indicate that audit 

gases shall meet the California BAR97 

audit gas specification. 

17. Appendix A, Technical 

Specifications, Attachment VI: Modify 

section VI to revise the label figure to 

indicate that it represents the Coloradoapproved calibration span gas. 

18. Appendix B, Standards and 

Specifications for Calibration/Span Gas 

Suppliers: Appendix B was removed by 

the State in its entirety as it contained 

obsolete specifications and procedures 

for inspection analyzer calibration 

gases. 

V. EPA’s Evaluation of the State’s 2018 

Revisions to Part C, Part D, Part F and 

Appendix A 

The sections of Reg. No. 11 that were 

revised with the State’s May 14, 2018 

submittal were as follows: 

1. Part C, section II: Modify section 

II.C.3.a to replace the existing monitor 

readiness evaluation with a monitor 

readiness evaluation that ensures that 

the oxygen sensor and/or heated oxygen 

sensor monitor(s) shall be ready if 

supported, the catalyst monitor shall be 

ready if supported, 2001 and newer 

vehicles shall only be allowed to have 

one supported monitor in a not ready 

status, and 2000 and older vehicles shall 

only be allowed to have two supported 

monitors in a not ready status. In 

addition, if the above criteria are not 

met and the vehicle’s MIL light is 

commanded off, then the vehicle will be 

required to be evaluated via an IM240 

test. 

2. Part C, section II: Modify section 

II.C.9 to indicate that for the 5 percent 

vehicles that are selected at random 

from the OBD test for a subsequent 

IM240 test, the IM240 test shall be the 

pass/fail determination for these 

vehicles. 

3. Part C, section II: New section 

II.C.10 that states if the vehicle’s OBD 

responds that the catalyst readiness 

monitor is not supported and that all 

readiness monitors are supported, or if 

any other OBD tampering indicators are 

present, then the OBD test will be failed. 


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4. Part D, section I: Modify sections 

I.B to remove sections I.B.5, I.B.6 and 

I.B.7 to delete obsolete terms and 

renumber the remaining sections in I.B. 

5. Part D, section I: Modify 

renumbered section I.B.10 to indicate 

that renumbered sections I.B.5 and I.B.6 

are not required for licensing as an 

inspection-only station or inspectiononly facility. 

6. Part D, section I: Remove prior 

numbered section I.B.15 as it contains 

obsolete language. 

7. Part F, section VI: Modify section 

VI.B.1 to remove the restricting term 

‘‘IM240’’ which then allows all types of 

test results to be evaluated. 

8. Part F, section VI: Modify section 

VI.B.2 to remove the unnecessary term 

‘‘exhaust.’’ 

9. Part F, section VI: Modify section 

VI.B.3 to remove the minimum 98% 

passing rate criteria for the LEI and 

instead require that the passing rate 

criteria ensures equivalent air quality 

benefits as a second remote sensing test. 

10. Part F, section VI: Modify section 

VI.B.4 to remove prior language and to 

add that the passing rate criteria for the 

LEI, as established by the APCD, will be 

maintained and contained in the 

APCD’s Emissions Technical Center 

Procedures Manual, and will be 

submitted to the EPA on or before July 

1 of each year. 

11. Part F, section VII: Modify section 

VII to remove the obsolete sections VII.E 

and VII.F. 

12. Appendix A, Technical 

Specifications, Attachment V: Modify 

Attachment V ‘‘Specifications for 

Colorado On-Board Diagnostic (OBD) 

Stand-Alone Analyzer’’ to remove the 

obsolete language regarding readiness 

criteria for a vehicle’s oxygen sensor, 

catalyst sensor and the allowable 

number of not-ready sensors for 2001 

and newer vehicles and 2000 and older 

vehicles. The revised language now 

contains overall requirements for OBD 

readiness such that if the readiness 

evaluation indicates that a vehicle has 

more than one unset (not ready) 

readiness monitor, and the MIL is 

commanded off, then the inspection is 

automatically aborted with the reason 

printed out on the Vehicle Inspection 

Report. 

VI. Conclusion 

Our review of the State’s Reg. No. 11 

revisions, as presented above in sections 

IV and V, involved numerous revisions 

to Reg. No. 11 Parts A, B, C, D, F, 

Appendix A, the deletion of Appendix 

B, and overall formatting, correction of 

typographic errors and other nonsubstantive changes. Based on our 

review and evaluation discussed above, 

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). 


amozie on DSK3GDR082PROD with PROPOSALS1
Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Proposed Rules 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2017–0414; FRL–9981–82] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing significant 

new use rules (SNURs) under the Toxic 

Substances Control Act (TSCA) for 27 

chemical substances which were the 

subject of premanufacture notices 

(PMNs). The chemical substances are 

subject to Orders issued by EPA 

pursuant to section 5(e) of TSCA. This 

action would require persons who 

intend to manufacture (defined by 

statute to include import) or process any 

of these 27 chemical substances for an 

activity that is designated as a 

significant new use by these rules to 

notify EPA at least 90 days before 

commencing that activity. The required 

notification initiates EPA’s evaluation of 

the intended use within the applicable 

review period. Persons may not 

commence manufacture or processing 

for the significant new use until EPA 

has conducted a review of the notice, 

made an appropriate determination on 

the notification, and has taken such 

actions as are required with that 

determination. In addition to this notice 

of proposed rulemaking, EPA is issuing 

the action as a direct final rule 

elsewhere in this issue of the Federal 

Register. 

DATES: Comments must be received on 

or before September 17, 2018. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2017–0414, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Kenneth Moss, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

telephone number: (202) 564–9232; 

email address: moss.kenneth@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: In 

addition to this Notice of Proposed 

Rulemaking, EPA is issuing the action 

as a direct final rule elsewhere in this 

issue of the Federal Register. For further 

information about the proposed 

significant new use rules, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this issue of the Federal 

Register. 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: August 3, 2018. 

Mark A. Hartman, 

Acting Director, Office of Pollution Prevention 

and Toxics. 

[FR Doc. 2018–17349 Filed 8–16–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 88 

[NIOSH Docket 094] 

World Trade Center Health Program; 

Petition 019—Irritable Bowel 

Syndrome; Finding of Insufficient 

Evidence 

AGENCY: Centers for Disease Control and 

Prevention, HHS. 

ACTION: Denial of petition for addition of 

a health condition. 

SUMMARY: On May 17, 2018, the 

Administrator of the World Trade 

Center (WTC) Health Program received 

a petition (Petition 019) to add irritable 

bowel syndrome (IBS) to the List of 

WTC-Related Health Conditions (List). 

Upon reviewing the scientific and 

medical literature, including 

information provided by the petitioner, 

the Administrator has determined that 

the available evidence does not have the 

potential to provide a basis for a 

decision on whether to add IBS to the 

List. The Administrator also finds that 

insufficient evidence exists to request a 

recommendation of the WTC Health 

Program Scientific/Technical Advisory 

Committee (STAC), to publish a 

proposed rule, or to publish a 

determination not to publish a proposed 

rule. 

DATES: The Administrator of the WTC 

Health Program is denying this petition 

for the addition of a health condition as 

of August 17, 2018. 

ADDRESSES: Visit the WTC Health 

Program website at https://

www.cdc.gov/wtc/received.html to 

review Petition 019. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Weiss, Program Analyst, 1090 

Tusculum Avenue, MS: C–48, 

Cincinnati, OH 45226; telephone (855) 

818–1629 (this is a toll-free number); 

email NIOSHregs@cdc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

A. WTC Health Program Statutory Authority 

B. Procedures for Evaluating a Petition 

C. Petition 019 

D. Review of Scientific and Medical 

Information and Administrator 

Determination 

E. Administrator’s Final Decision on Whether 

To Propose the Addition of IBS to the 

List 

F. Approval To Submit Document to the 

Office of the Federal Register 


amozie on DSK3GDR082PROD with PROPOSALS1