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Air Plan Approval; New Hampshire; Amendments to Motor Vehicle Inspection and Maintenance Program Regulation Publication: Federal Register Agency: Environmental Protection Agency Byline: David Cash Date: 31 January 2024 Subjects: American Government  , The Environment
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[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Proposed Rules]
[Pages 6082-6084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01937]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2024-0018; FRL-11714-01-R1]
Air Plan Approval; New Hampshire; Amendments to 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. Overall, the submittal updates and clarifies the
implementation of the New Hampshire I/M program. The intended effect of
this action is to propose approval of 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 March 1, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2024-0018 at https://www.regulations.gov, or via email to
martinelli.ayla@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
[[Page 6083]]
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 https://www.epa.gov/dockets/commenting-epa-dockets. Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 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 and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Ayla Martinelli, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 5-MI), Boston, MA 02109-3912, tel. (617)
918-1057, email: martinelli.ayla@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 September 22, 2022, 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 first 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
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 at 40 CFR 51 subpart S. 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 at 40 CFR 51
subpart S.
More recently, the State of New Hampshire submitted a formal
revision to its SIP on June 7, 2016, which included amendments to the
New Hampshire Code of Administrative Rules Chapter Saf-C 3200. This
revision updated several regulatory provisions by adding language to
clarify the I/M program requirements in New Hampshire. These updates
did not reflect any changes to the technical implementation
characteristics of the New Hampshire I/M program and thus resulted in
no changes to the EPA-approved emissions modeling analysis. EPA
approved this revision into the New Hampshire SIP on September 25, 2018
(83 FR 48385).
II. Summary of New Hampshire's Regulatory Changes
New Hampshire's amended Saf-C 3200 regulation, submitted as a SIP
revision on September 22, 2022, 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 3204.02 to
update the required information for an application to become a fleet
inspection station; (3) amended 3205.8 to extend the expiration date of
inspection station certificates from once a year to biennially; (4)
revised 3209.01 to reflect the updated sticker order form and
respective revision date; (5) made multiple amendments to Saf-C 3209
regarding obtaining inspection stickers; (6) made multiple amendments
to Saf-C 3222.08 to clarify criteria for an economic hardship waiver;
and (7) amended Saf-C 3222.09 to replace exemption from visual
inspection requirements with application requirements for a low mileage
waiver.
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, as approved
by EPA on January 25, 2013 (78 FR 5292) 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 at 40 CFR 51
Subpart S.
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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 at 40 CFR 51 Subpart S. 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 September 22, 2022 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 3210.02, and Saf-C 3222.
EPA is proposing to approve New Hampshire's September 22, 2022 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 at 40 CFR 51 Subpart S, and will strengthen the SIP. The
New Hampshire September 22, 2022 SIP that EPA is proposing to approve
did not reflect any changes to the technical implementation
characteristics of the New Hampshire I/M program and thus resulted in
no changes to the EPA-approved emissions modeling analysis. EPA is
soliciting public comments on
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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. See 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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); and
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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
New Hampshire did not evaluate environmental justice considerations
as part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. Due to the
nature of the action being taken here, this action is expected to have
a neutral to positive impact on the air quality of the affected area.
EPA did not perform an EJ analysis and did not consider EJ in this
action. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
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: January 25, 2024.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2024-01937 Filed 1-30-24; 8:45 am]
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