```

[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Rules and Regulations]
[Pages 5292-5303]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00929]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2009-0433; EPA-R01-OAR-2012-0149; A-1-FRL-9754-6]

Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts and New Hampshire; Enhanced Motor Vehicle Inspection and 
Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the Commonwealth of Massachusetts and the State of New 
Hampshire. These revisions include regulations to update the enhanced 
motor vehicle inspection and maintenance (I/M) programs in 
Massachusetts and New Hampshire. The revised programs in Massachusetts 
and New Hampshire include a test and repair network for an on-board 
diagnostic (OBD2) testing program for model year 1996 and newer 
vehicles. The intended effect of this action is to approve the revised 
programs into the Massachusetts and New Hampshire SIPs. This action is 
being taken in accordance with the Clean Air Act.

DATES: This direct final rule will be effective March 26, 2013, unless 
EPA receives adverse comments by February 25, 2013. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2009-0433 for comments pertaining to our approval action for 
Massachusetts or EPA-R01-OAR-2012-0149 for comments pertaining to our 
approval action for New Hampshire by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: arnold.anne@epa.gov.
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2009-0433 or 
EPA-R01-OAR-2012-0149,'' Anne Arnold, U.S. Environmental Protection 
Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, 
(Mail code OEP05-2), Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post 
Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912. 
Such deliveries are only accepted during the Regional Office's normal 
hours of operation. The Regional Office's official hours of business 
are Monday through Friday, 8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2009-0433 for comments pertaining to our approval action for 
Massachusetts or EPA-R01-OAR-2012-0149 for comments pertaining to our 
approval action for New Hampshire. EPA's policy is that all comments 
received will be included in the public docket without change and may 
be made available online at www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit through 
www.regulations.gov, or email, information that you consider to be CBI 
or otherwise protected. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the

[[Page 5293]]

www.regulations.gov index. 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 either electronically in www.regulations.gov or 
in hard copy at Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, 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 to 4:30, excluding 
legal holidays.
    In addition, copies of the state submittal and EPA's technical 
support document are also available for public inspection during normal 
business hours, by appointment at the respective State Air Agency: 
Division of Air Quality Control, Department of Environmental 
Protection, One Winter Street, 8th Floor, Boston, MA 02108; and Air 
Resources Division, Department of Environmental Services, 6 Hazen 
Drive, P.O. Box 95, Concord, NH 03302-0095.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number (617) 918-1660, fax number (617) 918-
0660, email garcia.ariel@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. What are the Clean Air Act requirements for I/M programs?
III. What are the OBD2 requirements and how do Massachusetts' and 
New Hampshire's programs address these requirements?
IV. What are all the other I/M regulatory requirements and how do 
Massachusetts' and New Hampshire's I/M programs satisfy these 
requirements?
    A. Applicability
    B. Enhanced I/M Performance Standard
    C. Network Type and Program Evaluation
    D. Adequate Tools and Resources
    E. Test Frequency and Convenience
    F. Vehicle Coverage
    G. Test Procedures and Standards
    H. Test Equipment
    I. Quality Control
    J. Waivers and Compliance via Diagnostic Inspection
    K. Motorist Compliance Enforcement
    L. Motorist Compliance Enforcement Program Oversight
    M. Quality Assurance
    N. Enforcement Against Contractors, Stations, and Inspectors
    O. Data Collection, Analysis, and Reporting
    P. Inspector Training and Licensing or Certification
    Q. Public Information and Consumer Protection
    R. Improving Repair Effectiveness
    S. Compliance With Recall Notices
    T. On-Road Testing
    U. Concluding Statement
V. What additional I/M program components are being submitted into 
the SIPs?
VI. Final Action
VII. Statutory and Executive Order Reviews

I. Background and Purpose

    On June 1, 2009, the Commonwealth of Massachusetts submitted a 
formal revision to its State Implementation Plan (SIP); Massachusetts 
later made a minor revision to that submittal on November 30, 2009.\1\ 
On November 17, 2011, the State of New Hampshire submitted a formal 
revision to its SIP. These SIP revisions include regulations to update 
the enhanced motor vehicle inspection and maintenance (I/M) programs in 
Massachusetts and New Hampshire. EPA is approving Massachusetts' and 
New Hampshire's revised I/M programs because they are consistent with 
the Clean Air Act (CAA) I/M requirements and EPA's I/M regulations, and 
will strengthen the SIP. Specifically, the Massachusetts June 1, 2009 
SIP revision includes amendments to the Massachusetts regulations 310 
CMR 60.02 and 540 CMR 4.00, and other administrative and technical 
documentation required in a SIP submittal to address the requirements 
for the implementation of the motor vehicle inspection and maintenance 
program in Massachusetts. The New Hampshire November 17, 2011 SIP 
revision includes amendments to the New Hampshire regulations Saf-C 
3200 and Saf-C 5800, and other administrative and technical 
documentation required in a SIP submittal to address the requirements 
for the implementation of the motor vehicle inspection and maintenance 
program in New Hampshire.
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    \1\ The November 30, 2009 revision replaced the copy of the 
Registry of Motor Vehicles regulation 540 CMR 4.00, included as 
Appendix 3 of the June 1, 2009 SIP submittal, with a copy stamped by 
the Secretary of State.
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II. What are the Clean Air Act requirements for I/M programs?

    The CAA, 42 U.S.C. 7401, et seq., requires certain states to 
implement an enhanced I/M program to detect gasoline-fueled motor 
vehicles which emit excessive amounts of certain air pollutants. The 
enhanced I/M program is intended to help states meet federal health-
based national ambient air quality standards (NAAQS) for ozone and 
carbon monoxide by requiring vehicles with excess emissions to have 
their emissions control systems repaired. Section 182 of the CAA 
requires I/M programs in those areas of the nation that are most 
impacted by carbon monoxide and ozone pollution. 42 U.S.C. 7511c. 
Section 184 of the CAA also created an ``Ozone Transport Region'' (OTR) 
and includes I/M requirements for that region. The OTR geographically 
includes the states from Virginia to Maine (including all of 
Massachusetts and New Hampshire) and the District of Columbia 
Consolidated Metropolitan Statistical Area. In addition, EPA 
promulgated I/M regulations at 40 CFR part 51 Subpart S. Depending on 
the severity of an area's nonattainment classification and/or 
geographic location within the OTR, EPA's regulation under 40 CFR 
51.350 outlines the appropriate motor vehicle I/M requirements.
    As a result of having areas designated nonattainment for the 1997 
8-hour ozone NAAQS (see 40 CFR 81.322 for Massachusetts and 40 CFR 
81.330 for New Hampshire), and by virtue of their inclusion in the OTR, 
Massachusetts and New Hampshire have implemented statewide enhanced 
vehicle emissions testing programs. Both states have operated a vehicle 
testing program, in some fashion, since 1999.
    In 1999, as part of its comprehensive plan to improve the state's 
air quality, Massachusetts implemented an enhanced I/M program. The 
Massachusetts I/M program was first approved into the SIP on November 
15, 2000 (65 FR 68898) as a limited approval and SIP strengthening 
measure. EPA's November 15, 2000 rulemaking describes the limited 
approval and the supplemental information needed in order for 
Massachusetts' program to be fully approved and meet the I/M 
requirements of the CAA. The previously SIP-approved Massachusetts I/M 
program consisted of a decentralized test and repair network, with 
minimal test-only facilities, which utilized dynamometers to test 
tailpipe emissions on model year 1984 and newer vehicles. Under this 
program,

[[Page 5294]]

vehicles were due for emissions inspections biennially. Since that 
time, the program has been modified in a number of ways. In 2004, 
Massachusetts implemented OBD2 testing of model year 1996 and newer 
vehicles. Most notable amongst all of Massachusetts' I/M program 
changes was the shift to an ``OBD2-testing only'' I/M program, which 
occurred on October 1, 2008. As of October 1, 2008, tailpipe testing 
conducted on a dynamometer ceased, the frequency for emissions 
inspections on vehicles changed from biennial to annual, and vehicles 
15 model years old and older are exempt from emissions testing.
    The New Hampshire I/M program was first approved into the SIP on 
January 10, 2001 (66 FR 1868) as a SIP strengthening measure. The 
January 10, 2001 SIP approval discusses the flexibility granted to New 
Hampshire for implementing an I/M program based on New Hampshire 
meeting the 1-hour ozone NAAQS. This SIP-approved New Hampshire I/M 
program consisted of an ``anti-tampering'' program, a visual check for 
proper connection of emissions control components, and the commitment 
for a statewide implementation of OBD2 testing on vehicles required to 
be equipped with OBD2 vehicle monitoring systems. Since that time, the 
New Hampshire I/M program has evolved into a robust decentralized I/M 
program consisting of a test and repair network which includes OBD2 
testing of model year 1996 and newer vehicles. New Hampshire continues 
to operate an anti-tampering program on vehicles up to 20 years old 
that are not subject to an OBD2 inspection.

III. What are the OBD2 requirements and how do Massachusetts' and New 
Hampshire's programs address these requirements?

    On April 5, 2001, EPA published in the Federal Register 
``Amendments to Vehicle Inspection and Maintenance Program Requirements 
Incorporating the On-Board Diagnostics Check'' (66 FR 18156). The 
revised I/M rule requires that electronic checks of the OBD2 system on 
model year 1996 and newer OBD2-equipped motor vehicles be conducted as 
part of states' motor vehicle I/M programs. OBD2 is part of the 
sophisticated vehicle powertrain management system and is designed to 
detect engine and transmission problems that might cause vehicle 
emissions to exceed allowable limits. OBD2 requirements are a key part 
of this rulemaking action.
    The OBD2 system monitors the status of up to 11 emission control 
related subsystems by performing either continuous or periodic 
functional tests of specific components and vehicle conditions. The 
first three testing categories--misfire, fuel trim, and comprehensive 
components--are continuous, while the remaining eight only run after a 
certain set of conditions has been met. The algorithms for running 
these eight periodic monitors are unique to each manufacturer and 
involve such things as ambient temperature as well as driving 
conditions. Most vehicles will have at least five of the eight 
remaining monitors (catalyst, evaporative system, oxygen sensor, heated 
oxygen sensor, and exhaust gas recirculation or EGR system) while the 
remaining three (air conditioning, secondary air, and heated catalyst) 
are not necessarily applicable to all vehicles. When a vehicle is 
scanned at an OBD2-I/M test site, these monitors can appear as either 
``Ready'' (meaning the monitor in question has been evaluated, also 
interchangeably appears as ``Complete'' on some vehicles), ``Not 
Ready'' (meaning the monitor has not yet been evaluated, also 
interchangeably appears as ``Not Complete'' on some vehicles), or 
``Unsupported'' (meaning the vehicle is not equipped with the component 
monitor in question and the monitor is not applicable). The monitors 
that are available in a certain vehicle's emission control design are 
referred to as being ``Supported,'' and only supported monitors need to 
be evaluated by the vehicle's computer to ultimately receive a 
``Ready'' or ``Not Ready'' designation.
    The OBD2 system is also designed to fully evaluate the vehicle's 
emissions control system. If the OBD2 system detects a problem that may 
cause vehicle emissions to exceed 1.5 times the Federal Test Procedure 
(FTP) standards, then the Malfunction Indicator Light (MIL) is 
illuminated. By turning on the MIL, the OBD2 system notifies the 
vehicle operator that an emissions-related fault has been detected and 
the vehicle should be repaired as soon as possible, thus reducing the 
harmful emissions contributed by that vehicle.
    EPA's revised OBD2 I/M rule applies to those areas that are 
required to implement I/M programs under the CAA, which includes 
Massachusetts and New Hampshire. The revised I/M programs submitted by 
Massachusetts, on June 1, 2009, and New Hampshire, on November 17, 
2011, both include OBD2 testing for model year 1996 and newer vehicles.
    EPA's OBD2 program requires scan tool equipment to read the 
vehicle's built-in computer sensors in model year 1996 and newer 
vehicles. The OBD2-I/M check consists of two types of examinations: A 
visual check of the dashboard display function and status; and an 
electronic examination of the OBD2 computer itself. The failure 
criteria for OBD2 testing is any Diagnostic Trouble Code (DTC) or 
combination of DTCs that result in the MIL to be commanded on. A DTC is 
a code that indicates a malfunction in an emission control system or 
component which may cause emissions to increase to 1.5 times the limit 
due to the malfunction. Both Massachusetts and New Hampshire have 
incorporated this OBD2 component into their programs.
    If the OBD2 scan reveals DTCs that have not commanded the MIL on, 
the motorist should be advised of the issue, but the vehicle should not 
be failed unless other non-DTC based failure criteria have been met. 
Vehicles may fail an inspection if the vehicle connector is missing, 
tampered with or otherwise inoperable, if the MIL is commanded on and 
is not visually illuminated, and if the MIL is commanded on for one or 
more DTCs as defined in the Society of Automotive Engineering (SAE) 
J2012 guidance document, and EPA regulations.
    Vehicles are rejected from testing if the scan of the OBD2 system 
reveals a ``Not Ready'' code for any OBD2 component. EPA's final 
implementation guidance (``Performing Onboard Diagnostic System Checks 
as Part of a Vehicle Inspection and Maintenance Program,'' EPA 420-R-
01-015, June 2001) allows states the flexibility to permit model year 
1996 to 2000 vehicles with two or fewer unset readiness codes, and 
model year 2001 and newer with one unset readiness code to complete an 
OBD2-I/M inspection without being rejected. Vehicles would still fail 
if the MIL was commanded on or if other failure criteria were met, or 
be rejected from inspection if three or more unset readiness codes were 
encountered. If the MIL is not commanded to be illuminated the vehicle 
would pass the OBD2 inspection even if DTCs are present. Massachusetts' 
and New Hampshire's testing programs are consistent with the EPA 
recommended readiness failure criteria. Massachusetts' program 
regulations, at 310 CMR 60.02(12)(b), and New Hampshire's program 
regulations, at Saf-C 3222.03, require that the programs meet the OBD2 
testing requirements and procedures set forth in 40 CFR 85.2222.\2\
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    \2\ Both the Massachusetts regulation at 310 CMR 60.02(12)(b) 
and the New Hampshire regulation at Saf-C 3222.03 directly cite, and 
therefore incorporate by reference, the federal regulation at 40 CFR 
85.2222. For purposes of the federal SIPs, EPA interprets both 
regulations as incorporating by reference the version of 40 CFR 
85.2222 as most recently amended on April 5, 2001 (66 FR 18156), 
rather than prospectively incorporating any future changes to 40 CFR 
85.2222.

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[[Page 5295]]

    EPA believes that for an OBD2-I/M test program to be most 
effective, it should be designed to allow for: (1) Real-time data link 
connections to a centralized testing database; (2) quality-controlled 
input of vehicle and owner identification information; and (3) 
automated generation of test reports. Massachusetts and New Hampshire 
have incorporated these OBD2 program elements into their I/M programs.

IV. What are all the other I/M regulatory requirements and how do 
Massachusetts' and New Hampshire's I/M programs satisfy these 
requirements?

A. Applicability

    The SIP describes in detail the areas subject to the enhanced I/M 
SIP revision and, consistent with 40 CFR 51.372, includes the legal 
authority necessary to establish program boundaries. The Massachusetts 
I/M regulations (``Massachusetts Motor Vehicle Emissions Inspection and 
Maintenance Program'' at 310 CMR 60.02 and ``Annual Safety and Combined 
Safety and Emissions Inspection of All Motor Vehicles, Trailers, Semi-
trailers and Converter Dollies'' at 540 CMR 4.00) and authorizing 
legislation (Massachusetts Statutes at M.G.L. c.111, sec. 142M; M.G.L. 
c.21A, subsec. 2(28) and 16; M.G.L. c.90, sec. 2, 7A, 7V, 7W, and 31), 
as well as the New Hampshire I/M regulations (``Official Motor Vehicle 
Inspection Requirements'' at Saf-C 3200) and authorizing legislation 
(New Hampshire Statutes codified at RSA 125-C:6, 260:6-b, 263:56-a, 
266:1, 266:1-a, 266:5. 266:59-b, and 266:59-c), ensure that the 
enhanced I/M program be implemented statewide.

B. Enhanced I/M Performance Standard

    Today's rulemaking discusses the I/M programs designed, in part, to 
meet the enhanced I/M performance standard for ozone precursors causing 
air quality problems in Massachusetts and New Hampshire. EPA's 
performance standard establishes an emission reduction target that must 
be met by a program in order for the SIP to be approvable. The I/M 
programs, as documented in the Massachusetts and New Hampshire SIP, 
must meet the performance standard in actual operation, with provisions 
for appropriate adjustments if the standard is not met.
    The emissions modeling conducted as part of the performance 
standard evaluation in the I/M SIP submittals illustrates that the new 
Massachusetts and New Hampshire I/M programs are more stringent than 
the federally required performance standard, and more stringent than 
the previous I/M programs approved into the SIP. Thus, both SIP 
submittals satisfy the anti-backsliding requirements of CAA section 
110(l).
    Both Massachusetts' and New Hampshire's I/M SIP submittals include 
the appropriate MOBILE6 vehicle emissions modeling demonstration \3\ 
considering the required performance standard and the actual program 
being implemented statewide in each state. Massachusetts's submittal 
also includes a comparison to the previously SIP-approved program that 
Massachusetts is no longer implementing. The modeling runs for 
Massachusetts included evaluations of 2009 through 2012, and an out 
year of 2018 compliance dates and the modeling runs for New Hampshire 
considered evaluations with 2007, 2009, and an out year of 2015 
compliance dates. Both Massachusetts and New Hampshire have 
demonstrated that reductions from the updated program are greater than 
those achieved by the pre-existing I/M program and the EPA performance 
standard. The MOBILE6 modeling performed by Massachusetts and New 
Hampshire reflects the fact that both states conduct OBD2 testing of 
all gasoline powered model year 1996 and newer vehicles. For 
Massachusetts, the MOBILE6 modeling appropriately reflects the fact 
that Massachusetts conducts annual emissions testing on vehicles up to 
15 years old. The MOBILE6 modeling performed by New Hampshire also 
shows that the State operates an anti-tampering program on vehicles up 
to 20 years old that are not subject to OBD2 testing. However, in the 
first year of analysis (2009 for Massachusetts and 2007 for New 
Hampshire), both Massachusetts' and New Hampshire's MOBILE6 analyses of 
the updated I/M programs, show a minimal increase in emissions. The 
minimal emissions increase can be attributed to the limitations of the 
MOBILE6 model. Vehicle testing requirements are included in 310 CMR 
60.02 for Massachusetts and Saf-C 3200 for New Hampshire, and details 
of meeting the performance standard are included in section 2 of the 
narrative of each state's SIP submittal.
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    \3\ Since March 2, 2010, EPA's required model for on-road 
vehicle emissions modeling in SIPs is the MOtor Vehicles Emissions 
Simulator (MOVES) model. (See 75 FR 9411; March 2, 2010.) The 
Massachusetts SIP revision was submitted prior to the MOVES release 
date. Regarding the New Hampshire SIP revision, EPA's March 2, 2010 
Notice (75 FR 9411), as well as EPA's guidance document, ``Policy 
Guidance on the Use of MOVES2010 and Subsequent Minor Revisions for 
State Implementation Plan Development, Transportation Conformity, 
and Other Purposes'' (EPA-420-B-12-010), allow for SIPs relying on 
MOBILE6.2 vehicle emissions modeling to continue to be approvable 
where significant work has already occurred using the MOBILE6.2 
model. New Hampshire conducted the vehicle emissions modeling using 
MOBILE6.2 prior to the release of the MOVES model, and significant 
work had been conducted on the New Hampshire I/M SIP revision.
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C. Network Type and Program Evaluation

    Under the CAA and EPA's I/M rule, the SIP must include a 
description of the network to be employed and the required legal 
authority. Also, for enhanced I/M areas, the SIP needs to include a 
description of the evaluation schedule and protocol, the sampling 
methodology, the data collection and analysis system, the resources and 
personnel for evaluation and related details of the evaluation program, 
as well as the legal authority establishing the evaluation program.
    Massachusetts' and New Hampshire's revised programs consist of a 
test and repair I/M network program design utilizing contractors to 
manage and oversee the inspection portion of the program. Both states 
have implemented a continuous ongoing evaluation program consistent 
with the federal I/M rule. Both states commit to developing and 
submitting the annual and biennial reports described by 40 CFR 51.366 
and the results of the evaluation programs are included in the annual 
and biennial reports. Both Massachusetts and New Hampshire have 
sufficient legal authority to implement this contractor managed program 
in concert with local inspection stations and conduct the program 
evaluation, as necessary to implement I/M consistent with federal 
requirements. Details of the network type and program evaluation are 
included in section 3 of each state's SIP narrative.

D. Adequate Tools and Resources

    Under the CAA and EPA's I/M rule, the SIP must include a 
description of the resources that will be used for program operation 
and must discuss how the performance standard will be met, including: 
(1) A detailed budget plan describing the source of funds for 
personnel, program administration, program enforcement, purchase of 
necessary equipment (such as vehicles for undercover audits), and for 
other requirements discussed throughout the I/M rule; and (2) a 
description of personnel resources, the number of

[[Page 5296]]

personnel dedicated to overt and covert auditing, data analysis, 
program administration, enforcement, and other necessary functions, and 
the training attendant to each function.
    Massachusetts and New Hampshire operate self-funded I/M programs. 
Revenue from the inspection fees charged to motorists is used for all 
expenses associated with the administration, implementation, and 
enforcement of the I/M programs. Both Massachusetts and New Hampshire 
have adequate staff dedicated to overt and covert auditing, data 
analysis, program administration, enforcement, and other necessary 
program functions. Section 4 of each state's SIP narrative, and the 
attachments to the SIP narratives, describe the budget, staffing 
support, and equipment needed to implement the programs.

E. Test Frequency and Convenience

    Under EPA's I/M rule, the SIP must include a detailed test 
schedule, including the test year selection scheme if testing is other 
than annual. The SIP must also include the legal authority necessary to 
implement and enforce the test frequency requirement and explain how 
the test frequency will be integrated with the enforcement process. In 
addition, in enhanced I/M programs, the SIP needs to demonstrate that 
the network of stations providing testing services is sufficient to 
ensure customer convenience by providing short waiting times for a 
test, and short driving distances to the test center.
    The Massachusetts and New Hampshire SIP revisions require annual 
inspections for all subject motor vehicles. Massachusetts obtains a 
``blue-print'' of the emissions-related component monitors that are 
available, or ``supported,'' on a particular vehicle by conducting an 
initial inspection after a new vehicle is registered. This ``blue-
print'' snapshot is extremely helpful if the vehicle ever has any 
emissions-related issues in the future and concerns arise about which 
monitors of emissions-related components should be operating on a 
particular vehicle. New Hampshire's SIP revision requires the annual 
testing of vehicles based on the vehicle owner's month of birth. 
Section 5 of the SIP narratives and the contracts with the I/M program 
vendors include additional information for ensuring convenient testing 
wait times and convenient testing locations.

F. Vehicle Coverage

    Under EPA's I/M rule, the SIP must include a detailed description 
of the number and types of vehicles to be covered by the program, and a 
plan for identifying subject vehicles, including vehicles that are 
routinely operated in the area but may not be registered in the area. 
Also, the SIP must include a description of any special exemptions 
which will be granted by the program, and an estimate of the percentage 
and number of vehicles granted such exemptions. Such exemptions need to 
be accounted for in the emission reduction analysis. In addition, the 
SIP needs to include legal authority necessary to implement and enforce 
the vehicle coverage requirement.
    The Massachusetts and New Hampshire I/M programs cover all light-
duty vehicles and light-duty trucks up to 8,500 pounds Gross Vehicle 
Weight Rating (GVWR), operating on all fuel types, as required by the 
federal I/M rule for enhanced programs. Massachusetts' I/M program also 
covers heavy-duty vehicles (heavy-duty being those vehicles with a GVWR 
greater than 8,500 pounds). New Hampshire's I/M program does not set 
requirements on any heavy-duty gas vehicles, although heavy-duty diesel 
vehicles with a GVWR greater than 10,000 pounds are subject to roadside 
testing requirements under Saf-C 5800. Additional information on the 
heavy-duty vehicle testing requirements in Massachusetts and New 
Hampshire can be found in Section V of this rulemaking notice.
    In Massachusetts and in New Hampshire, light-duty vehicles and 
trucks that are model year 1996 and newer, operating on a fuel other 
than diesel fuel, are subject to an OBD2 inspection. Both states 
require light-duty diesel-fueled vehicles that are model year 1997 and 
newer, to undergo an OBD2 inspection. New Hampshire also requires 
vehicles up to 20 years old to be subject to New Hampshire's anti-
tampering program if such vehicles are not subject to an OBD2 
inspection.
    Both Massachusetts and New Hampshire exempt special classes of 
vehicles from the emission testing programs, including: Vehicles older 
than 15 model years old in Massachusetts and vehicles older than 20 
model years old in New Hampshire; motorcycles; assembled vehicles, 
reconstructed vehicles, grey market vehicles,\4\ and specialty import 
vehicles, as appropriate; and vehicles that have been issued exemptions 
by EPA. Based on information provided in the SIP submittals, 
Massachusetts and New Hampshire have shown that such exemptions will 
not prevent the programs from achieving the EPA-required performance 
standard. Additional detail supporting this conclusion was included in 
section 6 of each state's SIP narrative. Legal authority for the 
vehicle coverage requirements in Massachusetts are contained in the 
Massachusetts I/M regulations (``Massachusetts Motor Vehicle Emissions 
Inspection and Maintenance Program'' at 310 CMR 60.02 and ``Annual 
Safety and Combined Safety and Emissions Inspection of All Motor 
Vehicles, Trailers, Semi-trailers and Converter Dollies'' at 540 CMR 
4.00) and the authorizing legislation (Massachusetts Statutes at M.G.L. 
c.111, sec. 142M; M.G.L. c.21A, subsec. 2(28) and 16; M.G.L. c.90, sec. 
2, 7A, 7V, 7W, and 31). Legal authority for the vehicle coverage 
requirements in New Hampshire are contained in the New Hampshire I/M 
regulations (``Official Motor Vehicle Inspection Requirements'' at Saf-
C 3200) and the authorizing legislation (New Hampshire Statutes 
codified at RSA 125-C:6, 260:6-b, 263:56-a, 266:1, 266:1-a, 266:5. 
266:59-b, and 266:59-c).
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    \4\ Grey Market Vehicles being vehicles manufactured for use in 
a foreign country.
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G. Test Procedures and Standards

    Under EPA's I/M rule, the SIP must include a description of each 
test procedure used. The SIP also must include the rule, ordinance, or 
law describing and establishing the test procedures. The Massachusetts 
and New Hampshire I/M SIP revisions and associated regulations obligate 
each state to perform OBD2 testing on all 1996 and newer vehicles, in 
accordance with EPA procedures. A vehicle which cannot be tested using 
OBD2, due to known issues with readiness monitors or lack of electronic 
communication, will be subject to alternative test procedures, 
consisting primarily of a visual bulb check to ensure the MIL is not 
illuminated. Both Massachusetts' and New Hampshire's OBD2 testing 
procedures are based on the testing procedures established by EPA for 
light duty vehicles in 40 CFR 85.2222. Details of the test procedures 
and standards are included each state's I/M regulations and in Section 
7 of each state's SIP narrative.

H. Test Equipment

    Under EPA's I/M rule, the SIP must include written technical 
specifications for all test equipment used in the program and address 
each of the requirements set forth at 40 CFR 51.358. The specifications 
must describe the emission analysis process, the necessary test 
equipment, the required features, and written acceptance testing 
criteria and procedures.

[[Page 5297]]

    In Massachusetts' June 1, 2009 submittal and New Hampshire's 
November 17, 2011 submittal, both states provide written equipment 
specifications as contained in EPA's final implementation guidance and 
the appendices of EPA's I/M rule. Both SIP submittals and their 
appendices address the requirements in 40 CFR 51.358 and include 
descriptions of performance features and functional characteristics of 
the computerized test systems. The submittals reference 40 CFR Part 51 
and 85, and are consistent with the procedures outlined in 40 CFR 
85.2222 and EPA's final implementation guidance. The necessary test 
equipment, required features, and acceptance testing criteria are 
discussed in section 8 of each state's SIP narrative.

I. Quality Control

    Under EPA's I/M rule, the SIP must include a description of quality 
control and recordkeeping procedures. The SIP also must include the 
procedures manual, rule, and ordinance or law describing and 
establishing quality control procedures and requirements.
    Both the Massachusetts and New Hampshire I/M SIP narratives, as 
well as each state's program contract, contain descriptions and 
requirements establishing the quality control procedures in accordance 
with the federal I/M rule and EPA's final implementation guidance. 
These requirements will help ensure that equipment calibrations are 
properly performed and recorded and that the necessary compliance 
document security is maintained. As described in section 9 of each 
state's SIP narrative, the Massachusetts and New Hampshire SIPs comply 
with all specifications for quality control set forth in Section 51.359 
and Appendix A of the federal I/M rule, and EPA's final implementation 
guidance.

J. Waivers and Compliance via Diagnostic Inspection

    Under EPA's I/M rule, the SIP must include a maximum waiver rate 
expressed as a percentage of initially failed vehicles. This waiver 
rate is used for estimating emission reduction benefits in the modeling 
analysis. Corrective action must be taken if the waiver rate exceeds 
that estimated in the SIP, or a state must revise its SIP and claim 
emission reductions accordingly. The SIP also must describe the waiver 
criteria and procedures, including cost limits, quality assurance 
methods and measures, and administration. Lastly, the SIP must include 
the necessary legal authority, ordinance(s), or rules to issue waivers, 
set and adjust cost limits as required, and carry out any other 
functions necessary to administer the waiver system, including 
enforcement of the waiver provisions.
    Cost limits for the minimum expenditure waivers must be in 
accordance with the CAA and the federal I/M rule. According to federal 
requirements, expenditures of at least $450 for actual, non-tampering 
related repairs, must be spent in order to qualify for a waiver in an 
enhanced I/M program; this amount shall be adjusted annually according 
to changes in the Consumer Price Index as specified in 40 CFR 
51.360(a)(7). Massachusetts regulations at 310 CMR 60.02(17)(c)(8) 
allow for waivers to be issued which meet minimum repair expenditures 
ranging from $550 to $750 depending on the vehicle model year. 
Massachusetts intends to annually update the cost to receive a waiver 
from the emissions testing program in accordance with federal 
requirements. New Hampshire does not issue conventional repair waivers. 
However, an economic hardship time extension as allowed under EPA's 
rule, is also allowed in the Massachusetts and New Hampshire programs. 
Massachusetts and New Hampshire have demonstrated that they can meet 
the enhanced I/M performance standard testing with the current program 
design in each state.
    The Massachusetts and New Hampshire programs include waiver rates 
of 1.0% and 0.5%, respectively, of initially failed vehicles. These 
waiver rates are used in the modeling demonstration. Massachusetts' and 
New Hampshire's SIP submittals essentially commit that, if the waiver 
rates determined by each state's I/M program reports are higher than 
the aforementioned waiver rates (1.0% for Massachusetts and 0.5% for 
New Hampshire), the state will take corrective action to address the 
deficiency. Both states' SIPs describe the types of waivers that will 
be allowed, minimum expenditure waivers and/or economic hardship time 
extensions. These issues are dealt with in a manner consistent with the 
federal I/M rule. The proper criteria, procedures, quality assurance 
and administration regarding the issuance of waivers, consistent with 
EPA's I/M rule, will be ensured by each state and their I/M program 
contractor and are detailed in section 10 of each state's SIP narrative 
and the state's regulations: Massachusetts at 310 CMR 60.02(16) through 
60.02(19) and New Hampshire at Saf-C 3222.08.

K. Motorist Compliance Enforcement

    Under EPA's I/M rule, the SIP must provide information concerning 
motorist enforcement, including: (1) A description of the existing 
compliance mechanism if it will continue to be used for the program, 
and the demonstration that it is as effective, or more effective, than 
registration denial enforcement; (2) an identification of the agencies 
responsible for performing each of the applicable activities in this 
section; (3) a description of, and accounting for, all classes of 
exempt vehicles; and (4) a description of the plan for testing fleet 
vehicles, and any other special classes of subject vehicles, such as 
those operated (but not necessarily registered) in the program area. 
Also, a SIP must include a determination of the current compliance rate 
based on a study of the system including an estimate of compliance 
losses due to loopholes, counterfeiting, and unregistered vehicles. 
Estimates of the effect of closing such loopholes and otherwise 
improving the enforcement mechanism must be supported with detailed 
analyses. In addition, the SIP needs to include the legal authority to 
implement and enforce the program. Lastly, the SIP must include a 
commitment to an enforcement level and minimum compliance level used 
for modeling purposes and to be maintained, at a minimum, in practice.
    Massachusetts and New Hampshire both have chosen to use a 
registration suspension program which suspends the vehicle registration 
of a vehicle that fails to meet emission testing requirements. The 
motorist compliance enforcement program will be implemented primarily 
by the state agencies charged with implementing the I/M program in 
their respective states. However, state police and local law 
enforcement can provide citations for vehicles not complying with the 
I/M program. The enforcement strategy is described in each state's 
submittal. The enforcement strategy is designed to ensure a high rate 
of compliance. Those not receiving the emissions test as scheduled will 
be subject to fines and late penalties, and also will have their 
vehicle registrations suspended. Both Massachusetts and New Hampshire 
have over a 96 percent program compliance rate with the emissions 
inspection program. The legal authority to implement and enforce the 
program is included in each state's law and in the state agency 
regulations as submitted in the respective SIP submittals. 
(Massachusetts regulations at 540 CMR 4.07(4), authority at MGL c.90, 
sec. 2 and sec. 22; New Hampshire

[[Page 5298]]

authority at RSA 266:1, RSA 266:5, and RSA 263:56-a). Additional detail 
of the motorist compliance enforcement program is included in section 
11 of each state's SIP narrative.

L. Motorist Compliance Enforcement Program Oversight

    Under EPA's I/M rule, the SIP must include a description of 
enforcement program oversight and information management activities.
    The Massachusetts and New Hampshire I/M SIP revisions provide for 
regular auditing of each state's enforcement program and adherence to 
effective management practices, including adjustments to improve the 
programs when necessary. These program oversight and information 
management activities are described in each state's SIP narrative, and 
include a description of the emissions testing databases of each 
state's programs (the Automated Licensing and Registration System, 
ALARS, in Massachusetts and the New Hampshire OBD and Safety Testing, 
NHOST, program testing and reporting system in New Hampshire). If a 
vehicle is out of compliance with the emissions testing requirement, 
registration is suspended. Each state's SIP describes the procedures to 
be followed in identifying noncomplying vehicles, along with 
appropriate follow-up and program documentation audits in sections 11 
and 12 of their SIP narratives.

M. Quality Assurance

    Under EPA's I/M rule, the SIP must include a description of the 
quality assurance program, and written procedure manuals covering both 
overt and covert performance audits, record audits, and equipment 
audits.
    The June 1, 2009 Massachusetts submittal and the November 17, 2011 
New Hampshire submittal include a description of each respective 
state's quality assurance program. The quality assurance programs will 
include overt and covert performance audits, digital audits on station 
and inspector performance, and equipment audits. New Hampshire does not 
currently have an official covert audit program that utilizes vehicles 
pre-set to pass or fail an emissions test. However, New Hampshire 
places emphasis on sophisticated electronic analyses to evaluate 
station and inspector performance by identifying anomalies and 
irregularities; law enforcement officers auditing a station and/or 
inspector that has been identified by the digital audit, begin by 
essentially conducting covert visual audits and then proceed to audit 
that stations and certified inspectors are following the inspection 
requirements. Both Massachusetts and New Hampshire cover all of their 
respective program's inspection stations with the implemented quality 
assurance plans and conduct overt and/or covert audits, both in 
response to customer complaints and as targeted follow-up. Detailed 
quality assurance/quality control (QA/QC) procedures are included in 
each state's SIP submittal at section 13 of the SIP narratives and in 
the inspection program contract agreements.

N. Enforcement Against Contractors, Stations, and Inspectors

    Under EPA's I/M rule, the SIP must include a penalty schedule and 
legal authority for establishing and imposing penalties, civil fines, 
station and inspector license suspension, and revocations. In the case 
of state constitutional impediments precluding immediate authority to 
suspend licenses, each state's Attorney General shall furnish an 
official opinion within the state's SIP explaining the constitutional 
impediment as well as relevant case law. Each state's SIP also must 
describe the administrative and judicial procedures and 
responsibilities relevant to the enforcement process, including the 
agencies, courts, and jurisdictions involved; personnel to prosecute 
and adjudicate cases; and other aspects of the enforcement of the 
programs requirements, the resources to be allocated to the enforcement 
function, and the source of those funds. In states that are without 
immediate suspension authority, the SIP must demonstrate that 
sufficient resources, personnel, and systems are in place to meet the 
three-day case management requirement for violations that directly 
affect emission reductions.
    The Massachusetts and New Hampshire I/M SIP revisions include 
specific penalties in its enforcement against contractors, stations, 
and inspectors in accordance with the federal I/M rule. Based on their 
SIP submittals dated June 1, 2009 for Massachusetts and dated November 
17, 2011 for New Hampshire, each state's enforcement procedures can be 
pursued through contractual or regulatory action. Each state, through 
the contract that it has been authorized to enter into directly, under 
MGL c.111, sec. 142M and c.21A, sec. 16 for Massachusetts and under RSA 
260:6-b for New Hampshire, has the authority to immediately suspend a 
station inspector for violations that directly affect emission 
reduction benefits and a variety of other violations of procedures. 
Details on enforcement against contractors, stations, and inspectors 
are found in section 14 of each state's SIP submittal narrative.

O. Data Collection, Analysis, and Reporting

    Under EPA's I/M rule, the SIP must describe the types of data to be 
collected. EPA's I/M rule also requires that the SIP describe the 
procedures for data analysis and reporting to allow for monitoring and 
evaluation of the program.
    The Massachusetts and New Hampshire I/M SIP revisions provide for 
collecting test data to link specific test results to specific 
vehicles, I/M program registrants, test sites, and inspectors. The test 
data and quality control data which will be collected are described in 
section 15 of each state's SIP narrative and I/M program vendor 
contract. The data will be used to generate reports concerning test 
data, quality assurance, quality control, enforcement, as well as 
necessary changes and identified weaknesses in the programs. Both 
Massachusetts and New Hampshire have also committed to collecting all 
data necessary for quality assurance and enforcement reports, as 
required by section 51.366 of the federal I/M rule. Details on data 
analysis and reporting are found in section 16 of each state's SIP 
narrative.

P. Inspector Training and Licensing or Certification

    Under EPA's I/M rule, the SIP must include a description of the 
training program, the written and hands-on tests, and the licensing or 
certification process.
    The I/M SIP submittals from Massachusetts and New Hampshire provide 
details on each state's respective inspector training program. Both 
Massachusetts' and New Hampshire's I/M SIP provides for implementation 
of training, licensing, and refresher programs for emission inspectors. 
The states' SIP and their respective inspection program contract 
describe the inspector training program and curriculum including 
written and hands-on testing. All inspectors will be required to be 
certified to inspect vehicles in their state's I/M program. Further 
details of the Inspector Training Program are included in section 17 of 
each state's SIP narrative.

Q. Public Information and Consumer Protection

    Under EPA's I/M rule, the SIP must include a plan for consumer 
protection and informing the public, on an ongoing basis, of the air 
quality problems, the need for and benefits of a motor vehicle

[[Page 5299]]

inspection program, and how to find a qualified repair technician, 
amongst other information related to the requirements of the I/M 
program.
    Both Massachusetts and New Hampshire have implemented a web site 
for their respective I/M program. Each state's Web site is designed to 
provide information to motorists, the general public, inspectors, and 
repair technicians regarding the respective state's I/M program. Both 
Massachusetts and New Hampshire have the ability to take in general 
questions and concerns, both via a telephone hotline and electronically 
via the Web site, and have established a mechanism by which a vehicle 
owner can contest the results of an inspection. Further details of the 
public information and consumer protection plans are included in 
section 18 of each state's SIP narrative and the program contract.

R. Improving Repair Effectiveness

    Under EPA's I/M rule, the SIP must include a description of the 
technical assistance program to be implemented, a description of the 
procedures and criteria to be used in meeting the performance 
monitoring requirements of this section for enhanced I/M programs, and 
a description of the repair technician training resources available in 
the community.
    In Massachusetts' June 1, 2009 and New Hampshire's November 17, 
2011 submittals, each state provided additional detail and description 
of the technical assistance, performance monitoring, and repair 
technician training programs to be implemented. The SIP revisions, as 
detailed in section 19 of each state's SIP narrative, provide for 
regularly informing repair facilities about changes to the inspection 
program, training course schedules, common problems, and potential 
solutions for particular engine families, diagnostic tips, repairs, and 
other assistance issues. As described in the states' submittals, 
Massachusetts and New Hampshire have also ensured that repair 
technicians may utilize the telephone hotline, or the electronic 
inquiry system on the program Web site, with any repair questions or 
concerns. Performance monitoring statistics of repair facilities will 
be provided to motorists whose vehicles fail the I/M test, as required 
in enhanced I/M areas. The states have committed to ensure that 
adequate repair technician training exists by establishing training 
courses at technical schools in the area.

S. Compliance With Recall Notices

    Under EPA's I/M rule, the SIP must describe, for enhanced I/M 
programs, the procedures used to incorporate the vehicle recall lists 
provided into the inspection or registration database, the quality 
control methods used to insure that recall repairs are properly 
documented and tracked, and the method (inspection failure or 
registration denial) used to enforce the recall requirements. EPA has 
not yet established a computerized database listing all recalled 
vehicles.
    The revised Massachusetts and New Hampshire I/M SIPs will ensure 
that vehicles subject to enhanced I/M programs, that are included in 
either a voluntary emission recall or a remedial plan determination 
pursuant to the CAA, have had the appropriate repairs made prior to the 
inspection. As described in section 20 of each state's SIP narrative, 
the states and their contractors will implement this approach when EPA 
databases exist which identify vehicles that have not completed recall 
repairs. At that time, motorists with unresolved recall notices will be 
required to show proof of compliance or will be denied the opportunity 
for inspection.

T. On-Road Testing

    Under the CAA and EPA's I/M rule, the SIP must include a detailed 
description of the on-road testing program required in enhanced I/M 
areas, including the types of testing, test limits and criteria, the 
number of vehicles (the percentage of the fleet) to be tested, the 
number of employees to be dedicated to the on-road testing effort, the 
methods for collecting, analyzing, utilizing, and reporting the results 
of on-road testing, and the portion of the program budget to be 
dedicated to on-road testing. Also, the SIP must include the legal 
authority necessary to implement the on-road testing program, including 
the authority to enforce off-cycle inspection and repair requirements. 
In addition, emission reduction credit for on-road testing programs can 
only be granted for a program designed to obtain significant emission 
reductions over and above those predicted to be achieved by other 
aspects of the I/M program. The SIP needs to include technical support 
for the claimed additional emission reductions.
    The I/M SIPs submitted on June 1, 2009 by Massachusetts and on 
November 17, 2011 by New Hampshire, include a description of the status 
of an on-road testing program in section 21 of each state's SIP 
narrative. Massachusetts' and New Hampshire's SIPs highlight the 
ability for each state to implement pilot testing of remote emissions 
testing technologies, and will implement a full on-road testing program 
when the testing technology is demonstrated to be reliable. Neither 
Massachusetts nor New Hampshire included additional modeling credit for 
the on-road portion of their state inspection programs when 
demonstrating that EPA's performance standard was met.

U. Concluding Statement

    A more detailed analysis of the Massachusetts and New Hampshire 
submittals and how they meet the federal requirements is contained in 
EPA's technical support document (TSD) prepared for this action. The 
TSD is available from the EPA Regional Office listed above and in the 
docket for this action. The criteria used to review the submitted SIP 
revisions are based on the requirements set forth in section 182 of the 
CAA and in the federal I/M regulations, 40 CFR Part 51 Subpart S. Based 
on these requirements, EPA developed a detailed I/M approvability 
checklist to be used nationally to determine if I/M programs meet the 
requirements of the CAA and the federal I/M rule. The checklist states 
the federal requirements, referenced by section of the rule, and 
whether the Massachusetts and New Hampshire programs meet such 
requirements. This checklist, the CAA, and the federal I/M regulation 
formed the basis for EPA's technical review. EPA has reviewed the 
Massachusetts and New Hampshire I/M SIP revisions submitted to EPA 
using the criteria stated above. The Massachusetts and New Hampshire 
regulations and accompanying materials contained in the SIP submittals 
from each state represent an acceptable plan to comply with the I/M 
requirements and meet all the criteria required for EPA to approve the 
SIP submittals. EPA's review of the materials submitted indicates that 
Massachusetts and New Hampshire have revised their I/M programs in 
accordance with the requirements of the CAA, 40 CFR Part 51, and all of 
EPA's technical requirements for an approvable vehicle inspection and 
maintenance program, including OBD2.

V. What additional I/M program components are being submitted into the 
SIPs?

    The I/M SIPs submitted on June 1, 2009 by Massachusetts and on 
November 17, 2011 by New Hampshire, include a description of certain 
vehicle testing components that have been incorporated into each 
state's emissions testing program, which are not currently covered by 
the federal I/M rule. In this rulemaking, EPA is approving these

[[Page 5300]]

components into each state's respective SIP. The emissions testing 
requirements, vehicle coverage, testing frequency, and test procedures 
and standards discussed in Section V. of this rulemaking can be found 
at 310 CMR 60.02 and 540 CMR 4.00 for Massachusetts and Saf-C 3200 and 
Saf-C 5800 for New Hampshire.
    Massachusetts requires non-diesel vehicles that are model year 2008 
and newer, with a GVWR greater than 8,500 pounds and less than or equal 
to 14,000 pounds, to be subject to an OBD2 inspection. Diesel vehicles 
that are model year 2007 and newer, with a GVWR greater than 8,500 
pounds and less than or equal to 14,000 pounds, are subject to an OBD2 
inspection. All (diesel and non-diesel) heavy-duty vehicles with a GVWR 
greater than 14,000 pounds, are subject to an OBD2 inspection starting 
with model year 2010 vehicles as OBD systems are phased-in and required 
to be installed on the vehicles.
    Diesel vehicles over 10,000 pounds GVWR that are model year 1984 
and newer, are subject to Massachusetts' annual snap acceleration smoke 
test, the ``opacity'' test, based on the test specified by SAE J1667. 
In addition, Massachusetts also conducts roadside pullovers of diesel 
vehicles, over 10,000 pounds GVWR, registered in any state or country, 
and conducts opacity testing on all vehicles irrespective of age.
    Massachusetts is also submitting revised testing standards, for the 
opacity testing conducted on those heavy-duty diesel vehicles subject 
to the Massachusetts opacity test, which are more stringent than those 
previously approved into the Massachusetts SIP. The revised opacity 
testing standards for Massachusetts are included at 310 CMR 60.02(12). 
Diesel trucks greater than 10,000 pounds GVWR: that are model year 1984 
to 1990 must meet an opacity standard of 40% opacity (previous standard 
was 55% opacity); that are model year 1991 to 1996 must meet an opacity 
standard of 30% opacity (previous standard was 40%); and that are model 
year 1997 and newer must meet an opacity standard of 20% (previous 
standard was 40%). Diesel buses greater than 10,000 pounds GVWR: that 
are model year 1984 to 1987 must meet an opacity standard of 40% 
opacity (the same as previous standard); that are model year 1988 to 
1993 must meet an opacity standard of 30% opacity (previous standard 
was 40%); and that are model year 1994 and newer must meet an opacity 
standard of 20% (previous standard was 30%). As stated earlier, all 
diesel vehicles under 14,000 pounds GVWR, are now subject to OBD2 
testing; thus the opacity standards previously approved into the 
Massachusetts SIP for diesel vehicles under 10,000 pounds GVWR are no 
longer applicable. Diesel vehicles over 10,000 pounds GVWR receive an 
opacity test if OBD2 has not been phased-in on a particular vehicle.
    New Hampshire operates a roadside pullover opacity inspection 
program. New Hampshire conducts opacity testing on all vehicles over 
10,000 pounds GVWR, and all diesel-powered buses manufactured to carry 
25 or more passengers, irrespective of age. New Hampshire's opacity 
testing standards are included at Saf-C 5804.08. New Hampshire exempts 
federal and military vehicles from opacity testing, as well as vehicles 
that can pass a ``quick screen'' process upon being pulled over and 
selected for testing. Upon being pulled over, any vehicle that can 
present proof of having passed an opacity test in New Hampshire, or any 
other state, within the previous 12 months or can present proof of 
having repairs to address emission violations, are exempted from 
testing. These non-federal exemptions do not apply if any subject 
vehicle appears to be emitting visible black smoke.

VI. Final Action

    EPA is approving the SIP revisions submitted by the Commonwealth of 
Massachusetts on June 1, 2009 and November 30, 2009, as well as the SIP 
revision submitted by the State of New Hampshire on November 17, 2011. 
Each state's SIP revision contains the respective state's revised motor 
vehicle inspection and maintenance program regulations and associated 
SIP narrative. Specifically, EPA is approving the Massachusetts 
Department of Environmental Protection Regulation at 310 CMR 60.02 and 
the Massachusetts Registry of Motor Vehicles Regulation at 540 CMR 
4.00. EPA is also approving the New Hampshire Department of Safety 
Regulations at Saf-C 3201, Saf-C 3202, Saf-C 3203, Saf-C 3204, Saf-C 
3205, Saf-C 3206.04, Saf-C 3207, Saf-C 3209, Saf-C 3210, Saf-C 3218, 
Saf-C 3220, Saf-C 3222, Saf-C 3248, and Saf-C 5800. EPA is approving 
Massachusetts' and New Hampshire's revised I/M programs because they 
are consistent with the CAA I/M requirements and EPA's I/M regulations 
and they will strengthen the Massachusetts and New Hampshire SIPs.
    EPA is incorporating the aforementioned rules by reference into the 
Massachusetts and New Hampshire SIPs, respectively, except as set forth 
below. Specifically, both the Massachusetts and New Hampshire programs 
contain enforcement provisions that detail state enforcement 
procedures, including administrative, civil, and criminal penalties, 
and administrative and judicial procedures. See 310 CMR 60.02(24)(f); 
NH Saf-C 3222.04(d), NH Saf-C Part 3248, NH Saf-C Part 5805. Such 
enforcement-related provisions are required elements of an I/M SIP 
under 40 CFR 51.364, and EPA is approving the provisions as meeting 
those requirements. However, EPA is not incorporating 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 Massachusetts or New Hampshire I/M programs, 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 incorporating these provisions by 
reference into the EPA-approved federal regulations in the states' 
respective plan identifications in 40 CFR part 52. Specifically, EPA is 
not incorporating Massachusetts' regulation 310 CMR 60.02(24)(f) into 
the federal regulations at 40 CFR 52.1120(c) or 52.1167, and EPA is not 
incorporating New Hampshire's regulations Saf-C 3222.04(d), Saf-C Part 
3248, or Saf-C Part 5805 into the federal regulations at 40 CFR 
52.1520(c) or 52.1525.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective March 
26, 2013 without further notice unless the Agency receives relevant 
adverse comments by February 25, 2013.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not

[[Page 5301]]

institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on March 26, 2013 and no further action will be 
taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

VII. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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 March 26, 2013. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

     Dated: November 14, 2012.
H. Curtis Spalding,
 Regional Administrator, EPA New England.

    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 W--Massachusetts

0
2. Section 52.1120 is amended by adding paragraph (c)(137) to read as 
follows:

Sec.  52.1120  Identification of plan.

* * * * *
    (c) * * *
    (137) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 1, 2009 
and November 30, 2009.
    (i) Incorporation by reference.
    (A) Regulation 310 CMR 60.02 entitled ``Massachusetts Motor Vehicle 
Emissions Inspection and Maintenance Program,'' effective in the 
Commonwealth of Massachusetts on September 5, 2008, with the exception 
of subsection 310 CMR 60.02(24)(f).
    (B) Regulation 540 CMR 4.00 entitled ``Annual Safety and Combined 
Safety and Emissions Inspection of All Motor Vehicles, Trailers, Semi-
trailers and Converter Dollies,'' effective in the Commonwealth of 
Massachusetts on September 5, 2008.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated June 1, 2009, submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated November 30, 2009, amending the June 1, 2009 State 
Implementation Plan submittal.
    (C) Massachusetts June 1, 2009 SIP Revision Table of Contents Item 
7, ``Documentation of IM SIP Revision consistent with 42 USC Section 
7511a and Section 182(c)(3)(A) of the Clean Air Act.''

[[Page 5302]]

0
3. In Sec.  52.1167, Table 52.1167 is amended by revising the entries 
for Regulations 310 CMR 60.02 and 540 CMR 4.00 to read as follows:

Sec.  52.1167  EPA-approved Massachusetts State regulations.

* * * * *

                                                  Table 52.1167--EPA-Approved Massachusetts Regulations
                                                               [See notes at end of table]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Date         Date
          State citation                   Title/subject         submitted   approved by     Federal Register     52.1120(c)      Comments/unapproved
                                                                  by State       EPA             citation                              sections
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
310 CMR 60.02.....................  Massachusetts Motor              6/1/09      1/25/13  [Insert Federal                137  Revises enhanced I/M test
                                     Vehicle Emissions                                     Register page number                requirements to consist
                                     Inspection and                                        where the document                  of ``OBD2-only'' testing
                                     Maintenance Program.                                  begins].                            program. Approving
                                                                                                                               submitted regulation with
                                                                                                                               the exception of
                                                                                                                               subsection 310 CMR
                                                                                                                               60.02(24)(f).
540 CMR 4.00......................  Annual Safety and Combined       6/1/09      1/25/13  [Insert Federal                137  Revises requirements for
                                     Safety and Emissions                                  Register page number                inspections and
                                     Inspection of All Motor                               where the document                  enforcement of I/M
                                     Vehicles, Trailers, Semi-                             begins].                            program.
                                     trailers and Converter
                                     Dollies.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this
  date.
2. The regulations are effective statewide unless otherwise stated in comments or title section.

Subpart EE--New Hampshire

0
5. In Sec.  52.1520:
0
a. The table in paragraph (c) is amended by removing the entry NHCAR, 
Part Saf-C 3221A and adding a new entry for Saf-C 3200 in its place, 
and by removing the entry for NHCAR, Part Saf-C 5800 and adding a new 
entry for Saf-C 5800 in its place; and
0
b. The table in paragraph (e) is amended by adding a new entry at the 
end of the table to read as follows:

Sec.  52.1520  Identification of plan.

* * * * *
    (c) EPA-approved regulations.

                                     EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
                                                                             EPA approval
       State citation          Title/subject      State effective date         date \1\         Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Saf-C 3200..................  Official Motor   6/22/07 and 6/20/08.......  1/25/13 [Insert  EPA is approving
                               Vehicle                                      Federal          submitted
                               Inspection                                   Register page    subsections Saf-C
                               Requirements.                                number where     3201, 3202, 3203,
                                                                            the document     3204, 3205,
                                                                            begins].         3206.04, 3207.01,
                                                                                             3209, 3210, 3218,
                                                                                             3220, and 3222
                                                                                             (except for
                                                                                             subsection
                                                                                             3222.04).
Saf-C 5800..................  Roadside Diesel  1/1/99....................  1/25/13 [Insert  Approving submitted
                               Opacity                                      Federal          regulation with the
                               Inspection.                                  Register page    exception of
                                                                            number where     subsection Saf-C
                                                                            the document     5805.
                                                                            begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.

    (e) Nonregulatory.

                                          New Hampshire Non-Regulatory
----------------------------------------------------------------------------------------------------------------
                                                          State
                                       Applicable       submittal
   Name of non-regulatory SIP      geographic or non-     date/      EPA-approved date         Explanations
            provision               attainment area     effective           \3\
                                                           date
----------------------------------------------------------------------------------------------------------------
 

[[Page 5303]]

 
                                                  * * * * * * *
SIP Narrative associated with     Statewide..........   11/17/2011  1/25/13 [Insert      .......................
 New Hampshire Vehicle                                               Federal Register
 Inspection and Maintenance                                          page number where
 Program SIP Revision.                                               the document
                                                                     begins].
----------------------------------------------------------------------------------------------------------------
\3\ 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. 2013-00929 Filed 1-24-13; 8:45 am]
BILLING CODE 6560-50-P
```