83_FR_38252 83 FR 38102 - Air Plan Approval; New Hampshire; Updates to Enhanced Motor Vehicle Inspection and Maintenance Program Regulation

83 FR 38102 - Air Plan Approval; New Hampshire; Updates to Enhanced Motor Vehicle Inspection and Maintenance Program Regulation

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 150 (August 3, 2018)

Page Range38102-38103
FR Document2018-16623

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.

Federal Register, Volume 83 Issue 150 (Friday, August 3, 2018)
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Proposed Rules]
[Pages 38102-38103]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16623]



[[Page 38102]]

=======================================================================
-----------------------------------------------------------------------

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.

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

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 
[email protected]. 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: 
[email protected].

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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



                                                38102                    Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules

                                                ENVIRONMENTAL PROTECTION                                For the full EPA public comment policy,               submittal continue to be applicable as
                                                AGENCY                                                  information about CBI or multimedia                   the technical demonstration that New
                                                                                                        submissions, and general guidance on                  Hampshire’s implemented I/M program
                                                40 CFR Part 52                                          making effective comments, please visit               meets the requirements of EPA’s I/M
                                                [EPA–R01–OAR–2016–0398; FRL–9981–                       www.epa.gov/dockets/commenting-epa-                   regulations. The regulatory amendments
                                                32—Region 1]                                            dockets. Publicly available docket                    made by New Hampshire to regulation
                                                                                                        materials are available at                            Saf-C 3200, submitted in the June 2016
                                                Air Plan Approval; New Hampshire;                       www.regulations.gov or at the U.S.                    SIP revision, do not reflect any changes
                                                Updates to Enhanced Motor Vehicle                       Environmental Protection Agency, EPA                  to the technical implementation
                                                Inspection and Maintenance Program                      Region 1 Regional Office, Office of                   characteristics of the New Hampshire I/
                                                Regulation                                              Ecosystem Protection, Air Quality                     M program and thus result in no
                                                                                                        Planning Unit, 5 Post Office Square—                  changes to the EPA-approved emissions
                                                AGENCY:  Environmental Protection                       Suite 100, Boston, MA. EPA requests                   modeling analysis.
                                                Agency (EPA).                                           that if at all possible, you contact the              II. Summary of New Hampshire’s
                                                ACTION: Proposed rule.                                  contact listed in the FOR FURTHER                     Regulatory Changes
                                                                                                        INFORMATION CONTACT section to
                                                SUMMARY:    The Environmental Protection                schedule your inspection. The Regional                   New Hampshire’s amended Saf-C
                                                Agency (EPA) is proposing to approve a                  Office’s official hours of business are               3200 regulation, submitted as a SIP
                                                State Implementation Plan (SIP)                         Monday through Friday, 8:30 a.m. to                   revision on June 7, 2016, updates a
                                                revision submitted by the State of New                  4:30 p.m., excluding legal holidays.                  number of regulatory provisions by
                                                Hampshire. This revision includes an                                                                          adding language to clarify the I/M
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                amended regulation for the enhanced                                                                           program requirements in New
                                                                                                        Ariel Garcia, Air Quality Planning Unit,
                                                motor vehicle inspection and                                                                                  Hampshire. A summary of the most
                                                                                                        U.S. Environmental Protection Agency,
                                                maintenance (I/M) program in New                                                                              substantial changes made to New
                                                                                                        EPA Region 1 Regional Office, 5 Post
                                                Hampshire. New Hampshire continues                                                                            Hampshire’s SIP-approved regulation
                                                                                                        Office Square, Suite 100 (Mail code:
                                                to implement a test and repair network                                                                        follows. New Hampshire (1) added
                                                                                                        OEP05–2), Boston, MA 02109–3912,                      clarifying definitions to Saf-C 3202; (2)
                                                for an on-board diagnostic (OBD2)
                                                                                                        telephone number: (617) 918–1660,                     amended Saf-C 3203.03 to change the
                                                testing program. The submitted New
                                                                                                        email: garcia.ariel@epa.gov.                          month by which government fleet
                                                Hampshire regulation updates and
                                                clarifies the implementation of the New                 SUPPLEMENTARY INFORMATION:                            vehicles need to be inspected, i.e. to
                                                Hampshire I/M program. The intended                     Throughout this document whenever                     September of each year; (3) amended
                                                effect of this action is to approve the                 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           Saf-C 3204.02 and adopted Saf-C
                                                updated I/M program regulation into the                 EPA.                                                  3205.11 to clarify both the required
                                                New Hampshire SIP. This action is                       Table of Contents                                     information to be submitted in an
                                                being taken under the Clean Air Act.                                                                          application to become an official
                                                                                                        I. Background and Purpose                             inspection station, as well as the criteria
                                                DATES: Written comments must be                         II. Summary of New Hampshire’s Regulatory
                                                received on or before September 4,                                                                            for denying an application; and (4)
                                                                                                              Changes
                                                2018.                                                   III. New Hampshire Satisfying Clean Air Act           amended Saf-C 3218 through Saf-C 3220
                                                                                                              Requirements for I/M programs                   to clarify and update the criteria for
                                                ADDRESSES:   Submit your comments,                      IV. Proposed Action                                   performance or condition of vehicle
                                                identified by Docket ID No. EPA–R01–                    V. Incorporation by Reference                         components that will result in the
                                                OAR–2016–0398 at                                        VI. Statutory and Executive Order Reviews             rejection of a vehicle.
                                                www.regulations.gov, or via email to
                                                garcia.ariel@epa.gov. For comments                      I. Background and Purpose                             III. New Hampshire Satisfying Clean
                                                submitted at Regulations.gov, follow the                   On June 7, 2016, the State of New                  Air Act Requirements for I/M Programs
                                                online instructions for submitting                      Hampshire submitted a formal revision                    In this document, EPA is only
                                                comments. Once submitted, comments                      to its State Implementation Plan (SIP).               proposing to update New Hampshire’s I/
                                                cannot be edited or removed from                        The submitted SIP revision included                   M regulation by revising subsections or
                                                Regulations.gov. For either manner of                   amendments to the New Hampshire                       provisions of the regulation as it
                                                submission, the EPA may publish any                     Code of Administrative Rules Chapter                  currently exists in the New Hampshire
                                                comment received to its public docket.                  Saf-C 3200 entitled, ‘‘Official Motor                 SIP.1 As stated earlier in this document,
                                                Do not submit electronically any                        Vehicle Inspection Requirements,’’                    the remaining technical aspects (i.e., I/
                                                information you consider to be                          which update the enhanced motor                       M SIP narrative, the emissions
                                                Confidential Business Information (CBI)                 vehicle inspection and maintenance (I/                modeling, and other technical
                                                or other information whose disclosure is                M) program in New Hampshire.                          documentation) included in New
                                                restricted by statute. Multimedia                          New Hampshire previously submitted                 Hampshire’s November 17, 2011 SIP
                                                submissions (audio, video, etc.) must be                an I/M program SIP revision on                        revision, and approved by EPA on
                                                accompanied by a written comment.                       November 17, 2011, which EPA                          January 25, 2013 (78 FR 5292), continue
                                                The written comment is considered the                   approved into the New Hampshire SIP                   to be applicable as the technical
                                                official comment and should include                     on January 25, 2013 (78 FR 5292). New
                                                discussion of all points you wish to                    Hampshire’s November 17, 2011 SIP                       1 EPA’s January 25, 2013 (78 FR 5292) approval
amozie on DSK3GDR082PROD with PROPOSALS1




                                                make. The EPA will generally not                        revision included all the regulatory and              of New Hampshire’s November 17, 2011 I/M SIP
                                                                                                                                                              submittal describes how New Hampshire’s I/M
                                                consider comments or comment                            technical documentation required in an                program satisfies the OBD2 and other I/M
                                                contents located outside of the primary                 I/M SIP submittal to address the                      regulatory requirements established by the Clean
                                                submission (i.e. on the web, cloud, or                  requirements of EPA’s I/M regulations.                Air Act and EPA’s I/M regulations. In addition,
                                                other file sharing system). For                         The emissions modeling, I/M SIP                       EPA’s January 25, 2013 (78 FR 5292) approval
                                                                                                                                                              contains a detailed discussion of EPA’s rationale for
                                                additional submission methods, please                   narrative, and other technical                        approving New Hampshire’s November 17, 2011 I/
                                                contact the person identified in the FOR                documentation, included in New                        M SIP revision and will not be restated in this
                                                FURTHER INFORMATION CONTACT section.                    Hampshire’s November 17, 2011                         document.



                                           VerDate Sep<11>2014   18:01 Aug 02, 2018   Jkt 244001   PO 00000   Frm 00030   Fmt 4702   Sfmt 4702   E:\FR\FM\03AUP1.SGM   03AUP1


                                                                         Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules                                                38103

                                                demonstration that New Hampshire’s                      administrative and judicial procedures.               of the Paperwork Reduction Act (44
                                                implemented I/M program meets the                       Such enforcement-related provisions are               U.S.C. 3501 et seq.);
                                                requirements of EPA’s I/M regulations.                  required elements of an I/M SIP under                   • Is certified as not having a
                                                                                                        40 CFR 61.364, and EPA is proposing to                significant economic impact on a
                                                IV. Proposed Action
                                                                                                        approve the provisions as meeting those               substantial number of small entities
                                                   EPA is proposing to approve New                      requirements. However, EPA is not                     under the Regulatory Flexibility Act (5
                                                Hampshire’s June 7, 2016 SIP revision                   proposing to incorporate those                        U.S.C. 601 et seq.);
                                                request. This SIP revision request                      provisions by reference into the EPA-
                                                contains New Hampshire’s revised                        approved federal regulations at 40 CFR                   • Does not contain any unfunded
                                                motor vehicle I/M program regulation.                   part 52. In any federal action to enforce             mandate or significantly or uniquely
                                                Specifically, EPA is proposing to                       violations of the substantive                         affect small governments, as described
                                                approve amendments to the following                     requirements of the New Hampshire I/                  in the Unfunded Mandates Reform Act
                                                New Hampshire Department of Safety                      M program, the relevant provisions of                 of 1995 (Pub. L. 104–4);
                                                Regulation Saf-C 3200 subsections or                    Section 113 or 304 of the CAA, rather                   • Does not have Federalism
                                                provisions as they currently exist in the               than state enforcement provisions                     implications as specified in Executive
                                                New Hampshire SIP: Amendments to                        would govern. Similarly, the applicable               Order 13132 (64 FR 43255, August 10,
                                                Saf–C 3202, Saf–C 3203, Saf–C 3204,                     procedures in any federal action would                1999);
                                                Saf–C 3205, Saf–C 3206.04, Saf–C                        be the applicable federal court rules or                • Is not an economically significant
                                                3207.01, Saf–C 3209, Saf–C 3210, Saf–                   EPA’s rules for administrative                        regulatory action based on health or
                                                C 3218, Saf–C 3220, Saf–C 3222, and                     proceedings at 40 CFR part 22, rather                 safety risks subject to Executive Order
                                                Saf–C 3248. In addition, EPA is                         than state administrative procedures.                 13045 (62 FR 19885, April 23, 1997);
                                                proposing to approve Saf–C 3219 which                   Since the state enforcement provisions
                                                had not previously been submitted for                   would not be applicable in a federal                    • Is not a significant regulatory action
                                                inclusion in the New Hampshire SIP.                     action, incorporating these state-only                subject to Executive Order 13211 (66 FR
                                                   EPA is proposing to approve New                      enforcement provisions into the federal               28355, May 22, 2001);
                                                Hampshire’s June 7, 2016 SIP revision,                  regulations would have no effect. To                    • Is not subject to requirements of
                                                containing New Hampshire’s updated I/                   avoid confusion to the public and                     Section 12(d) of the National
                                                M program regulation, because it is                     regulated parties, EPA is not proposing               Technology Transfer and Advancement
                                                consistent with the CAA’s I/M                           to incorporate these provisions by                    Act of 1995 (15 U.S.C. 272 note) because
                                                requirements and EPA’s I/M regulations,                 reference into the EPA-approved federal               application of those requirements would
                                                and will strengthen the SIP. EPA is                     regulations in the New Hampshire plan                 be inconsistent with the Clean Air Act;
                                                soliciting public comments on the                       identification in 40 CFR part 52.                     and
                                                issues discussed in this notice or on                   Specifically, EPA is not proposing to
                                                other relevant matters. These comments                                                                          • Does not provide EPA with the
                                                                                                        incorporate New Hampshire’s
                                                will be considered before taking final                                                                        discretionary authority to address, as
                                                                                                        regulations Saf-C 3222.04(d) and Saf-C
                                                action. Interested parties may                                                                                appropriate, disproportionate human
                                                                                                        3248 into the federal regulations at 40
                                                participate in the Federal rulemaking                                                                         health or environmental effects, using
                                                                                                        CFR 52.1520(c).
                                                procedure by submitting written                                                                               practicable and legally permissible
                                                comments to this proposed rule by                       VI. Statutory and Executive Order                     methods, under Executive Order 12898
                                                following the instructions listed in the                Reviews                                               (59 FR 7629, February 16, 1994).
                                                ADDRESSES section of this Federal                         Under the Clean Air Act, the                           In addition, the SIP is not approved
                                                Register.                                               Administrator is required to approve a                to apply on any Indian reservation land
                                                                                                        SIP submission that complies with the                 or in any other area where EPA or an
                                                V. Incorporation by Reference                           provisions of the Act and applicable                  Indian tribe has demonstrated that a
                                                  In this rule, the EPA is proposing to                 Federal regulations. 42 U.S.C. 7410(k);               tribe has jurisdiction. In those areas of
                                                include in a final EPA rule regulatory                  40 CFR 52.02(a). Thus, in reviewing SIP               Indian country, the rule does not have
                                                text that includes incorporation by                     submissions, EPA’s role is to approve                 tribal implications and will not impose
                                                reference. In accordance with                           state choices, provided that they meet                substantial direct costs on tribal
                                                requirements of 1 CFR 51.5, the EPA is                  the criteria of the Clean Air Act.                    governments or preempt tribal law as
                                                proposing to incorporate by reference                   Accordingly, this proposed action                     specified by Executive Order 13175 (65
                                                the aforementioned New Hampshire                        merely approves state law as meeting                  FR 67249, November 9, 2000).
                                                Department of Safety Regulation Saf-C                   Federal requirements and does not
                                                                                                                                                              List of Subjects in 40 CFR Part 52
                                                3200 subsections identified in section                  impose additional requirements beyond
                                                IV of this proposal, except as set forth                those imposed by state law. For that                    Environmental protection, Air
                                                below. The EPA has made, and will                       reason, this proposed action:                         pollution control, Carbon monoxide,
                                                continue to make, these documents                         • Is not a significant regulatory action            Incorporation by reference,
                                                generally available through                             subject to review by the Office of                    Intergovernmental relations, Lead,
                                                www.regulations.gov and at the EPA                      Management and Budget under                           Nitrogen dioxide, Ozone, Particulate
                                                Region 1 Office (please contact the                     Executive Orders12866 (58 FR 51735,                   matter, Reporting and recordkeeping
amozie on DSK3GDR082PROD with PROPOSALS1




                                                person identified in the FOR FURTHER                    October 4, 1993) and 13563 (76 FR 3821,               requirements, Sulfur oxides, Volatile
                                                INFORMATION CONTACT section of this                     January 21, 2011);                                    organic compounds.
                                                preamble for more information).                           • This action is not expected to be an
                                                                                                                                                                Dated: July 31, 2018.
                                                  New Hampshire’s I/M program                           Executive Order 13771 regulatory action
                                                regulation contains enforcement                         because this action is not significant                Alexandra Dunn,
                                                provisions that detail state enforcement                under Executive Order 12866.                          Regional Administrator, EPA Region 1.
                                                procedures, including administrative,                     • Does not impose an information                    [FR Doc. 2018–16623 Filed 8–2–18; 8:45 am]
                                                civil, and criminal penalties, and                      collection burden under the provisions                BILLING CODE 6560–50–P




                                           VerDate Sep<11>2014   18:01 Aug 02, 2018   Jkt 244001   PO 00000   Frm 00031   Fmt 4702   Sfmt 4702   E:\FR\FM\03AUP1.SGM   03AUP1



Document Created: 2018-11-06 10:35:09
Document Modified: 2018-11-06 10:35:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before September 4, 2018.
ContactAriel 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: [email protected]
FR Citation83 FR 38102 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR