Approval and Promulgation of Air Quality Implementation Plans; Colorado: Enhanced Vehicle Inspection and Maintenance Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CO-001-0008(a); FRL-5660-9]

Approval and Promulgation of Air Quality Implementation Plans;

Colorado: Enhanced Vehicle Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

[[Page 2586]]

SUMMARY: EPA is approving an enhanced vehicle inspection and

maintenance (I/M) State Implementation Plan (SIP) revision submitted by

Roy Romer, Governor of Colorado, on September 29, 1995. This revision

fulfills the Governor's commitment to adopt final regulations to limit

dealership self-testing, allowing EPA to convert Colorado's prior

conditional approval to a full approval for the enhanced I/M SIP

revisions which established and require the implementation of an

enhanced motor vehicle inspection and maintenance (I/M) program in the

Denver and Boulder urbanized area. This action is being taken under

Section 110 of the Clean Air Act (CAA).

DATES: This action is effective on March 18, 1997 unless adverse or

critical comments are received by February 18, 1997. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Comments may be mailed to Richard R. Long, Director, Air

Programs, USEPA Region VIII (P2-A), 999 18th Street--Suite 500, Denver,

Colorado 80202-2466. Copies of the documents relevant to this action

are available for public inspection during normal business hours at the

above address. Interested persons wanting to examine these documents

should make an appointment with the appropriate office at least 24

hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: Scott P. Lee, at (303) 312-6736 or via

e-mail at [email protected]. While information may be requested

via e-mail, comments must be submitted in writing to the EPA Region

VIII address above.

I. Background

On November 8, 1994, EPA published a rulemaking (59 FR 55584)

conditionally approving an enhanced vehicle I/M program for the Denver

and Boulder urbanized areas. The conditional approval was based on the

State's commitment to adopt final regulations limiting dealership self-

testing as required by EPA's I/M Rule (40 CFR part 51, subpart S). EPA

limits self-testing to ensure all vehicles receive a proper independent

inspection on a regular interval. The State was required to adopt this

regulation revision within one year of final conditional approval. On

September 22, 1994, the State adopted a replacement regulation,

Colorado Regulation No. 11 (5 CCR 1001-13) satisfying the State's

commitment to limit dealership self-testing, and on September 29, 1995,

forwarded it to EPA to be acted upon.

II. EPA'S Analysis of Colorado's Submittal

As detailed in the Governor's September 29, 1995 letter, the State

held a properly noticed public hearing regarding the revised enhanced

I/M regulation on September 22, 1994. EPA found the Governor's

submittal to be administratively complete on November 30, 1995.

The September 29, 1995, submittal included: Colorado Air Quality

Control Commission (AQCC) Regulation Number 11, Motor Vehicle Emissions

Inspection Program (5 CCR 1001-13), adopted on September 22, 1994, and

effective on November 30, 1994. This replacement Regulation No. 11

limits dealer self-testing to non-consecutive test-cycles as required

by EPA's I/M Rule (40 CFR Part 51, Subpart S), and fulfills the State's

commitment allowing EPA to fully approve Colorado's program.

In addition to the dealer self-testing provisions, the AQCC adopted

minor revisions to the inspection equipment technical specifications.

These revisions are technical corrections not considered to be

substantive changes impacting the approvability of the program.

III. Action

EPA is fully approving the Colorado enhanced motor vehicle I/M SIP

revision as submitted by Governor Romer on September 29, 1995. EPA is

publishing this action without prior proposal because the Agency views

this as a noncontroversial amendment and anticipates no adverse

comments. However, in a separate document in this Federal Register

publication, the EPA is proposing to approve the SIP revision should

adverse or critical comments be filed. This action will be effective

March 18, 1997 unless, by February 18, 1997, adverse or critical

comments are received.

If the EPA receives such comments, EPA will publish a subsequent

document withdrawing this final action before its final effective date.

All public comments received will then be addressed in a subsequent

final rule based on this action serving as a proposed rule. The EPA

will not institute a second comment period on this action. Any parties

interested in commenting on this action should do so at this time. If

no such comments are received, the public is advised that this action

will be effective March 18, 1997.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

V. Administrative Requirements

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600, et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant economic impact on a substantial number of small entities.

Small entities include small businesses, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

SIP approvals under section 110 and subchapter I, part D of the Act

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on small entities affected. Moreover, due

to the nature of the Federal-state relationship under the Act,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Act forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. EPA, 427 U.S. 246, 256-66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under Section

[[Page 2587]]

205, EPA must select the most cost-effective and least burdensome

alternative that achieves the objectives of the rule and is consistent

with statutory requirements. Section 203 requires EPA to establish a

plan for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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 March 18, 1997. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule 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,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

Dated: November 20, 1996.

Jack W. McGraw,

Acting Regional Administrator, Region VIII.

Part 52, Chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. Section 52.320 is amended by adding paragraph (73) to read as

follows:

SUBPART G--COLORADO

Sec. 52.320 Identification of plan.

* * * * *

(c) * * *

(77) On September 29, 1995, Roy Romer, the Governor of Colorado,

submitted a SIP revision to the State Implementation Plan for the

Control of Air Pollution. This revision provides a replacement

Regulation No. 11, Inspection/Maintenance Program which limits dealer

self-testing. This material is being incorporated by reference for the

enforcement of Colorado's I/M program.

(i) Incorporation by reference.

(A) Department of Health, Air Quality Control Commission,

Regulation No. 11 (Motor Vehicle Emissions Inspection Program) as

adopted by the Colorado Air Quality Control Commission (AQCC) on

September 22, 1994, effective November 30, 1994.

[FR Doc. 97-1075 Filed 1-16-97; 8:45 am]

BILLING CODE 6560-50-P