[Federal Register Volume 62, Number 12 (Friday, January 17, 1997)]
[Rules and Regulations]
[Pages 2585-2587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1075]
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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.
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[[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 lee.scott@epamail.epa.gov. 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
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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
