83 FR 48385 - Air Plan Approval; New Hampshire; Updates to Enhanced Motor Vehicle Inspection and Maintenance Program Regulation
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 186 (September 25, 2018)
Federal Register Volume 83, Issue 186 (September 25, 2018)
| Page Range | 48385-48387 | |
| FR Document | 2018-20743 |
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)] [Rules and Regulations] [Pages 48385-48387] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20743] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2016-0398; FRL-9983-99--Region 1] Air Plan Approval; New Hampshire; Updates to Enhanced Motor Vehicle Inspection and Maintenance Program Regulation AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving 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 in accordance with the Clean Air Act. DATES: This rule is effective on October 25, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2016-0398. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available at https://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 [[Page 48386]] 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. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose On August 3, 2018 (83 FR 38102), the EPA published a Notice of Proposed Rulemaking (NPRM) for the State of New Hampshire. The NPRM proposed approval of New Hampshire's amended regulation for the New Hampshire motor vehicle inspection and maintenance (I/M) program. The formal SIP revision was submitted by New Hampshire on June 7, 2016. The rationale for the EPA's proposed action is explained in the NPRM and will not be restated here. II. Response to Comments The EPA received one comment during the comment period, which discussed subjects outside the scope of this SIP action, does not explain (or provide a legal basis for) how the proposed action should differ in any way, and makes no specific mention of the proposed action. As such, the comment is not germane and does not require further response to finalize the action as proposed. III. Final Action The EPA is approving New Hampshire's amended I/M regulation as a revision to the New Hampshire SIP. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the amended New Hampshire Code of Administrative Rules Chapter Saf-C 3200 entitled, ``Official Motor Vehicle Inspection Requirements,'' described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available through https://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). Therefore, these materials have been approved by the EPA for inclusion in the State implementation plan, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. 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 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 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); This action is not 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 (Public Law 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). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 26, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, [[Page 48387]] Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 17, 2018. Alexandra Dunn, Regional Administrator, EPA Region 1. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart EE--New Hampshire 0 2. In Sec. 52.1520, the table in paragraph (c) is amended by revising the entry for ``Saf-C 3200'' to read as follows: Sec. 52.1520 Identification of plan. * * * * * (c) * * * EPA-Approved New Hampshire Regulations ---------------------------------------------------------------------------------------------------------------- State EPA approval date State citation Title/subject effective date \1\ Explanations ---------------------------------------------------------------------------------------------------------------- * * * * * * * Saf-C 3200..................... Official Motor 01/06/2016 9/25/2018, [Insert Amends Saf-C sections Vehicle Federal Register 3202, 3203, 3204, Inspection citation]. 3205, 3206.04, Requirements. 3207.01, 3209, 3210, 3218, 3220, 3222, and 3248; and approves Saf- C 3219. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. * * * * * [FR Doc. 2018-20743 Filed 9-24-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations 48385
Jersey-Long Island, NY–NJ–CT 8-hour demonstration. We announced Dated: September 5, 2018.
ozone nonattainment area. The availability of the plan and related Peter D. Lopez,
transportation conformity rule) requires budgets on the EPA’s transportation Regional Administrator, Region 2.
that the EPA conduct a public process conformity website on February 8, 2018, [FR Doc. 2018–20738 Filed 9–24–18; 8:45 am]
and make an affirmative decision on the requesting comments by March 12, BILLING CODE 6560–50–P
adequacy of these budgets before they 2018. We received no comments in
can be used by metropolitan planning response to the adequacy review
organizations in conformity posting. ENVIRONMENTAL PROTECTION
determinations. As a result of this This finding will also be available at AGENCY
finding, upon the effective date of this the EPA’s conformity website: https://
notification of adequacy, the North www.epa.gov/state-and-local- 40 CFR Part 52
Jersey Transportation Planning transportation/conformity-adequacy- [EPA–R01–OAR–2016–0398; FRL–9983–
Authority must use these budgets in review-region-2. 99—Region 1]
future transportation conformity
The motor vehicle emissions budgets
determinations. The budgets are Air Plan Approval; New Hampshire;
are provided in Table 1 below.
contained in New Jersey’s December 22, Updates to Enhanced Motor Vehicle
2017, state implementation plan Inspection and Maintenance Program
submittal for the 2008 8-hour ozone TABLE 1—2017 MOTOR VEHICLE Regulation
NAAQS and are associated with the EMISSIONS BUDGETS FOR NJTPA
reasonable further progress milestone [Tons per day] AGENCY: Environmental Protection
demonstration. Agency (EPA).
Year NOX VOC ACTION: Final rule.
DATES: This finding is effective October
10, 2018. 2017 ...................... 103.22 48.69 SUMMARY: The Environmental Protection
FOR FURTHER INFORMATION CONTACT: Agency (EPA) is approving a State
Reema Loutan, Environmental Transportation conformity is required Implementation Plan (SIP) revision
Protection Agency Region 2, Air by Clean Air Act section 176(c). The submitted by the State of New
Programs Branch, 290 Broadway, 25th EPA’s conformity rule requires that Hampshire. This revision includes an
Floor, New York, New York 10007– long-range transportation plans, amended regulation for the enhanced
1866; (212) 637–3760, loutan.reema@ transportation improvement programs, motor vehicle inspection and
epa.gov. and transportation projects conform to a maintenance (I/M) program in New
SUPPLEMENTARY INFORMATION: state’s air quality SIP and establishes the Hampshire. New Hampshire continues
Throughout this document, whenever criteria and procedures for determining to implement a test and repair network
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean whether or not they conform. for an on-board diagnostic (OBD2)
the EPA. Conformity to a SIP means that testing program. The submitted New
This document is simply an transportation activities will not Hampshire regulation updates and
announcement of a finding that we have clarifies the implementation of the New
produce new air quality violations,
already made. EPA Region 2 sent a letter Hampshire I/M program. The intended
worsen existing violations, or delay
to the New Jersey Department of effect of this action is to approve the
timely attainment of the NAAQS.
Environmental Protection on August 16, updated I/M program regulation into the
The criteria the EPA uses to New Hampshire SIP. This action is
2018, stating that the 2017 motor determine whether a SIP’s motor vehicle
vehicle emissions budgets (‘‘budgets’’) being taken in accordance with the
emission budgets are adequate for Clean Air Act.
in the submitted state implementation conformity purposes are outlined in 40
plan (‘‘SIP’’) for the 2008 national DATES: This rule is effective on October
CFR 93.118(e)(4). We have further 25, 2018.
ambient air quality standard for ozone described our process for determining
for the New Jersey portions of the New ADDRESSES: EPA has established a
the adequacy of submitted SIP budgets
York-Northern New Jersey-Long Island, docket for this action under Docket
in 40 CFR 93.118(f), and we followed
NY–NJ–CT 8-hour ozone nonattainment Identification No. EPA–R01–OAR–
this rule in making our adequacy
area are adequate for transportation 2016–0398. All documents in the docket
determination. Please note that an
conformity purposes. These budgets are are listed on the https://
adequacy review is separate from the
associated with the SIP’s reasonable www.regulations.gov website. Although
EPA’s completeness review and should
further progress milestone listed in the index, some information is
not be used to prejudge the EPA’s
demonstration and must apply to future not publicly available, i.e., CBI or other
ultimate action on the SIP. Even if we
transportation conformity information whose disclosure is
find a budget adequate, the SIP could
determinations conducted by the North restricted by statute. Certain other
later be disapproved.
Jersey Transportation Planning material, such as copyrighted material,
Authority (‘‘NJTPA’’). Pursuant to 40 CFR 93.104(e), within is not placed on the internet and will be
On December 22, 2017, the New 2 years of the effective date of this publicly available only in hard copy
Jersey Department of Environmental document, NJTPA and the U.S. form. Publicly available docket
Protection submitted a SIP revision for Department of Transportation will need materials are available at https://
the New Jersey portion of the New York- to demonstrate conformity to the new www.regulations.gov or at the U.S.
Northern New Jersey-Long Island, NY– budgets. For demonstrating conformity Environmental Protection Agency, EPA
NJ–CT 2008 8-hour ozone to the budgets in this plan, the on-road Region 1 Regional Office, Office of
daltland on DSKBBV9HB2PROD with RULES
nonattainment area. This revision to the motor vehicle emissions from Ecosystem Protection, Air Quality
SIP included 2017 summer day volatile implementation of the long-range Planning Unit, 5 Post Office Square—
organic compound (‘‘VOC’’) and transportation plan should be projected Suite 100, Boston, MA. EPA requests
nitrogen oxides (‘‘NOX’’) motor vehicle consistently with the budgets in this that if at all possible, you contact the
emissions budgets associated with the plan. contact listed in the FOR FURTHER
SIP’s reasonable further progress Authority: 42 U.S.C. 7401–7671q. INFORMATION CONTACT section to
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![Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations 48387
Incorporation by reference, PART 52—APPROVAL AND § 52.1520 Identification of plan.
Intergovernmental relations, Lead, PROMULGATION OF * * * * *
Nitrogen dioxide, Ozone, Particulate IMPLEMENTATION PLANS (c) * * *
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile ■ 1. The authority citation for part 52
organic compounds. continues to read as follows:
Dated: September 17, 2018. Authority: 42 U.S.C. 7401 et seq.
Alexandra Dunn,
Subpart EE—New Hampshire
Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the ■ 2. In § 52.1520, the table in paragraph
Code of Federal Regulations is amended (c) is amended by revising the entry for
as follows: ‘‘Saf-C 3200’’ to read as follows:
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State effective
State citation Title/subject EPA approval date 1 Explanations
date
* * * * * * *
Saf-C 3200 ..................... Official Motor Vehicle 01/06/2016 9/25/2018, [Insert Fed- Amends Saf-C sections 3202, 3203, 3204,
Inspection Require- eral Register cita- 3205, 3206.04, 3207.01, 3209, 3210, 3218,
ments. tion]. 3220, 3222, and 3248; and approves Saf-C
3219.
* * * * * * *
1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.
* * * * * infrastructure SIPs for the through Friday 8:30 a.m. to 4:30 p.m.,
[FR Doc. 2018–20743 Filed 9–24–18; 8:45 am] aforementioned states as demonstrating excluding Federal holidays.
BILLING CODE 6560–50–P that air emissions in the states do not FOR FURTHER INFORMATION CONTACT:
significantly contribute to Richard Wong, Air Regulatory
nonattainment or interfere with Management Section, Air Planning and
ENVIRONMENTAL PROTECTION maintenance of the 2012 PM2.5 NAAQS Implementation Branch, Air, Pesticides
AGENCY in any other state. and Toxics Management Division,
DATES:This rule will be effective Region 4, U.S. Environmental Protection
40 CFR Part 52
October 25, 2018. Agency, 61 Forsyth Street SW, Atlanta,
[EPA–R04–OAR–2016–0334; FRL–9984– Georgia 30303–8960. Mr. Wong can be
36—Region 4] ADDRESSES: EPA has established a reached by telephone at (404) 562–8726
docket for these actions under Docket or via electronic mail at wong.richard@
Air Plan Approval; AL, FL, GA, KY, MS, Identification No. EPA–R04–OAR– epa.gov.
NC, SC, TN; Interstate Transport for 2016–0334. All documents in the docket SUPPLEMENTARY INFORMATION:
the 2012 PM2.5 NAAQS are listed on the www.regulations.gov
website. Although listed in the index, I. Background
AGENCY: Environmental Protection
Agency (EPA). some information may not be publicly On December 14, 2012, EPA revised
ACTION: Final rule. available, i.e., Confidential Business the primary Annual PM2.5 NAAQS to
Information or other information whose 12.0 micrograms per cubic meter (mg/
SUMMARY: The Environmental Protection disclosure is restricted by statute. m3). See 78 FR 3086 (January 15, 2013).
Agency (EPA) is taking final action to Certain other material, such as An area meets the standard if the three-
approve portions of State copyrighted material, is not placed on year average of its annual average PM2.5
Implementation Plan (SIP) submissions the internet and will be publicly concentration (at each monitoring site in
from Alabama, Florida, Georgia, available only in hard copy form. the area) is less than or equal to 12.0 mg/
Kentucky, Mississippi, North Carolina, Publicly available docket materials are m3. States were required to submit
South Carolina, and Tennessee available either electronically through infrastructure SIP submissions for the
addressing the Clean Air Act (CAA or www.regulations.gov or in hard copy at 2012 Annual PM2.5 NAAQS to EPA no
Act) interstate transport infrastructure the Air Regulatory Management Section, later than December 14, 2015.
SIP requirements for the 2012 Fine Air Planning and Implementation CAA section 110(a)(1) requires states
Particulate Matter (PM2.5) National Branch, Air, Pesticides and Toxics to submit SIP revisions within three
Ambient Air Quality Standards Management Division, U.S. years after promulgation of a new or
(NAAQS). The CAA requires that each Environmental Protection Agency, revised NAAQS in order to provide for
state adopt and submit a SIP for the Region 4, 61 Forsyth Street SW, Atlanta, the implementation, maintenance, and
daltland on DSKBBV9HB2PROD with RULES
implementation, maintenance, and Georgia 30303–8960. EPA requests that enforcement of the new or revised
enforcement of each NAAQS if at all possible, you contact the person NAAQS. CAA section 110(a)(2) outlines
promulgated by EPA, commonly listed in the FOR FURTHER INFORMATION the applicable requirements of such SIP
referred to as an ‘‘infrastructure SIP.’’ CONTACT section to schedule your submissions, which EPA has
EPA is taking final action to approve the inspection. The Regional Office’s historically referred to as ‘‘infrastructure
interstate transport portions of these official hours of business are Monday SIP’’ submissions. Section 110(a)(2)
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Document Created: 2018-09-25 00:21:48
Document Modified: 2018-09-25 00:21:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on October 25, 2018. | |
| 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] | |
| FR Citation | 83 FR 48385 | |
| CFR Associated | Environmental 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 |
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