[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Proposed Rules]
[Pages 41035-41039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17805]


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 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.

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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 self-inspecting vehicle fleets to use the On-Board 
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, 
Mail-code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 
(303) 312-6479, or [email protected].

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

[[Page 41036]]

utilizes a dynamometer-based EPA IM240 \1\ test for 1982 and newer 
light-duty gasoline vehicles and a two-speed idle test (TSI) \2\ for 
1981 and older light-duty 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.
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    \1\ See 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.
    \2\ See 40 CFR part 51, subpart S for a complete description of 
EPA's two-speed idle test. The two-speed 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.
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    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 state-determined 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\
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    \3\ The 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.
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    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)

[[Page 41037]]

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 
tri-blend 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 Colorado-approved 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.

[[Page 41038]]

    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 inspection-only 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 non-substantive 
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).

[[Page 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


