Air Plan Approval; New Hampshire; Updates to Enhanced Motor Vehicle Inspection and Maintenance Program Regulation

Alexandra Dunn
Environmental Protection Agency
3 August 2018

[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Proposed Rules]
[Pages 38102-38103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16623]



[[Page 38102]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0398; FRL-9981-32--Region 1]


Air Plan Approval; New Hampshire; Updates to Enhanced Motor 
Vehicle Inspection and Maintenance Program Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of New Hampshire. This revision includes an amended regulation 
for the enhanced motor vehicle inspection and maintenance (I/M) program 
in New Hampshire. New Hampshire continues to implement a test and 
repair network for an on-board diagnostic (OBD2) testing program. The 
submitted New Hampshire regulation updates and clarifies the 
implementation of the New Hampshire I/M program. The intended effect of 
this action is to approve the updated I/M program regulation into the 
New Hampshire SIP. This action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before September 4, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2016-0398 at www.regulations.gov, or via email to 
garcia.ariel@epa.gov. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit www.epa.gov/dockets/commenting-epa-dockets. Publicly available 
docket materials are available at www.regulations.gov or at the U.S. 
Environmental Protection Agency, EPA Region 1 Regional Office, Office 
of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office 
Square--Suite 100, Boston, MA. EPA requests that if at all possible, 
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA Region 1 Regional 
Office, 5 Post Office Square, Suite 100 (Mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number: (617) 918-1660, email: 
garcia.ariel@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Summary of New Hampshire's Regulatory Changes
III. New Hampshire Satisfying Clean Air Act Requirements for I/M 
programs
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On June 7, 2016, the State of New Hampshire submitted a formal 
revision to its State Implementation Plan (SIP). The submitted SIP 
revision included amendments to the New Hampshire Code of 
Administrative Rules Chapter Saf-C 3200 entitled, ``Official Motor 
Vehicle Inspection Requirements,'' which update the enhanced motor 
vehicle inspection and maintenance (I/M) program in New Hampshire.
    New Hampshire previously submitted an I/M program SIP revision on 
November 17, 2011, which EPA approved into the New Hampshire SIP on 
January 25, 2013 (78 FR 5292). New Hampshire's November 17, 2011 SIP 
revision included all the regulatory and technical documentation 
required in an I/M SIP submittal to address the requirements of EPA's 
I/M regulations. The emissions modeling, I/M SIP narrative, and other 
technical documentation, included in New Hampshire's November 17, 2011 
submittal continue to be applicable as the technical demonstration that 
New Hampshire's implemented I/M program meets the requirements of EPA's 
I/M regulations. The regulatory amendments made by New Hampshire to 
regulation Saf-C 3200, submitted in the June 2016 SIP revision, do not 
reflect any changes to the technical implementation characteristics of 
the New Hampshire I/M program and thus result in no changes to the EPA-
approved emissions modeling analysis.

II. Summary of New Hampshire's Regulatory Changes

    New Hampshire's amended Saf-C 3200 regulation, submitted as a SIP 
revision on June 7, 2016, updates a number of regulatory provisions by 
adding language to clarify the I/M program requirements in New 
Hampshire. A summary of the most substantial changes made to New 
Hampshire's SIP-approved regulation follows. New Hampshire (1) added 
clarifying definitions to Saf-C 3202; (2) amended Saf-C 3203.03 to 
change the month by which government fleet vehicles need to be 
inspected, i.e. to September of each year; (3) amended Saf-C 3204.02 
and adopted Saf-C 3205.11 to clarify both the required information to 
be submitted in an application to become an official inspection 
station, as well as the criteria for denying an application; and (4) 
amended Saf-C 3218 through Saf-C 3220 to clarify and update the 
criteria for performance or condition of vehicle components that will 
result in the rejection of a vehicle.

III. New Hampshire Satisfying Clean Air Act Requirements for I/M 
Programs

    In this document, EPA is only proposing to update New Hampshire's 
I/M regulation by revising subsections or provisions of the regulation 
as it currently exists in the New Hampshire SIP.\1\ As stated earlier 
in this document, the remaining technical aspects (i.e., I/M SIP 
narrative, the emissions modeling, and other technical documentation) 
included in New Hampshire's November 17, 2011 SIP revision, and 
approved by EPA on January 25, 2013 (78 FR 5292), continue to be 
applicable as the technical

[[Page 38103]]

demonstration that New Hampshire's implemented I/M program meets the 
requirements of EPA's I/M regulations.
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    \1\ EPA's January 25, 2013 (78 FR 5292) approval of New 
Hampshire's November 17, 2011 I/M SIP submittal describes how New 
Hampshire's I/M program satisfies the OBD2 and other I/M regulatory 
requirements established by the Clean Air Act and EPA's I/M 
regulations. In addition, EPA's January 25, 2013 (78 FR 5292) 
approval contains a detailed discussion of EPA's rationale for 
approving New Hampshire's November 17, 2011 I/M SIP revision and 
will not be restated in this document.
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IV. Proposed Action

    EPA is proposing to approve New Hampshire's June 7, 2016 SIP 
revision request. This SIP revision request contains New Hampshire's 
revised motor vehicle I/M program regulation. Specifically, EPA is 
proposing to approve amendments to the following New Hampshire 
Department of Safety Regulation Saf-C 3200 subsections or provisions as 
they currently exist in the New Hampshire SIP: Amendments to Saf-C 
3202, Saf-C 3203, Saf-C 3204, Saf-C 3205, Saf-C 3206.04, Saf-C 3207.01, 
Saf-C 3209, Saf-C 3210, Saf-C 3218, Saf-C 3220, Saf-C 3222, and Saf-C 
3248. In addition, EPA is proposing to approve Saf-C 3219 which had not 
previously been submitted for inclusion in the New Hampshire SIP.
    EPA is proposing to approve New Hampshire's June 7, 2016 SIP 
revision, containing New Hampshire's updated I/M program regulation, 
because it is consistent with the CAA's I/M requirements and EPA's I/M 
regulations, and will strengthen the SIP. EPA is soliciting public 
comments on the issues discussed in this notice or on other relevant 
matters. These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting written comments to this proposed rule by following the 
instructions listed in the ADDRESSES section of this Federal Register.

V. 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 aforementioned New Hampshire Department of Safety 
Regulation Saf-C 3200 subsections identified in section IV of this 
proposal, except as set forth below. The EPA has made, and will 
continue to make, these documents generally available through 
www.regulations.gov and at the EPA Region 1 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
    New Hampshire's I/M program regulation contains enforcement 
provisions that detail state enforcement procedures, including 
administrative, civil, and criminal penalties, and administrative and 
judicial procedures. Such enforcement-related provisions are required 
elements of an I/M SIP under 40 CFR 61.364, and EPA is proposing to 
approve the provisions as meeting those requirements. However, EPA is 
not proposing to incorporate those provisions by reference into the 
EPA-approved federal regulations at 40 CFR part 52. In any federal 
action to enforce violations of the substantive requirements of the New 
Hampshire I/M program, the relevant provisions of Section 113 or 304 of 
the CAA, rather than state enforcement provisions would govern. 
Similarly, the applicable procedures in any federal action would be the 
applicable federal court rules or EPA's rules for administrative 
proceedings at 40 CFR part 22, rather than state administrative 
procedures. Since the state enforcement provisions would not be 
applicable in a federal action, incorporating these state-only 
enforcement provisions into the federal regulations would have no 
effect. To avoid confusion to the public and regulated parties, EPA is 
not proposing to incorporate these provisions by reference into the 
EPA-approved federal regulations in the New Hampshire plan 
identification in 40 CFR part 52. Specifically, EPA is not proposing to 
incorporate New Hampshire's regulations Saf-C 3222.04(d) and Saf-C 3248 
into the federal regulations at 40 CFR 52.1520(c).

VI. 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 proposed 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 proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant 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 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 31, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-16623 Filed 8-2-18; 8:45 am]
 BILLING CODE 6560-50-P