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.

Proposed Rules Federal Register

1892 

Vol. 77, No. 8 

Thursday, January 12, 2012 

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. 

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 


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Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Proposed Rules 1893 

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. 

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

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. 

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. 


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1894 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Proposed Rules 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0849–201153(b); 

FRL–9617–3] 

Approval and Promulgation of 

Implementation Plans; Georgia; Rome; 

Fine Particulate Matter 2002 Emissions 

Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the fine particulate matter (PM2.5) 2002 

base year emissions inventory portion of 

the State Implementation Plan (SIP) 

revision submitted by the State of 

Georgia on October 27, 2009. The 

emissions inventory is part of the Rome, 

Georgia PM2.5 attainment demonstration 

that was submitted for the 1997 annual 

PM2.5 National Ambient Air Quality 

Standards. This action is being taken 

pursuant to section 110 of the Clean Air 

Act. In the Rules Section of this Federal 

Register, EPA is approving Georgia’s SIP 

revision as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. 

DATES: Written comments must be 

received on or before February 13, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0849, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2011– 

0849,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Please see the direct final rule which 

is located in the Rules section of this 


pmangrum on DSK3VPTVN1PROD with PROPOSALS