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

1EPA’s January 25, 2013 (78 FR 5292) approval 

of New Hampshire’s November 17, 2011 I/M SIP 

submittal describes how New Hampshire’s I/M 

program satisfies the OBD2 and other I/M 

regulatory requirements established by the Clean 

Air Act and EPA’s I/M regulations. In addition, 

EPA’s January 25, 2013 (78 FR 5292) approval 

contains a detailed discussion of EPA’s rationale for 

approving New Hampshire’s November 17, 2011 I/ 

M SIP revision and will not be restated in this 

document. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2016–0398; FRL–9981– 

32—Region 1] 

Air Plan Approval; New Hampshire; 

Updates to Enhanced Motor Vehicle 

Inspection and Maintenance Program 

Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of New 

Hampshire. This revision includes an 

amended regulation for the enhanced 

motor vehicle inspection and 

maintenance (I/M) program in New 

Hampshire. New Hampshire continues 

to implement a test and repair network 

for an on-board diagnostic (OBD2) 

testing program. The submitted New 

Hampshire regulation updates and 

clarifies the implementation of the New 

Hampshire I/M program. The intended 

effect of this action is to approve the 

updated I/M program regulation into the 

New Hampshire SIP. This action is 

being taken under the Clean Air Act. 

DATES: Written comments must be 

received on or before September 4, 

2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2016–0398 at 

www.regulations.gov, or via email to 

garcia.ariel@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www.epa.gov/dockets/commenting-epadockets. Publicly available docket 

materials are available at 

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Garcia, Air Quality Planning Unit, 

U.S. Environmental Protection Agency, 

EPA Region 1 Regional Office, 5 Post 

Office Square, Suite 100 (Mail code: 

OEP05–2), Boston, MA 02109–3912, 

telephone number: (617) 918–1660, 

email: garcia.ariel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. Summary of New Hampshire’s Regulatory 

Changes 

III. New Hampshire Satisfying Clean Air Act 

Requirements for I/M programs 

IV. Proposed Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background and Purpose 

On June 7, 2016, the State of New 

Hampshire submitted a formal revision 

to its State Implementation Plan (SIP). 

The submitted SIP revision included 

amendments to the New Hampshire 

Code of Administrative Rules Chapter 

Saf-C 3200 entitled, ‘‘Official Motor 

Vehicle Inspection Requirements,’’ 

which update the enhanced motor 

vehicle inspection and maintenance (I/ 

M) program in New Hampshire. 

New Hampshire previously submitted 

an I/M program SIP revision on 

November 17, 2011, which EPA 

approved into the New Hampshire SIP 

on January 25, 2013 (78 FR 5292). New 

Hampshire’s November 17, 2011 SIP 

revision included all the regulatory and 

technical documentation required in an 

I/M SIP submittal to address the 

requirements of EPA’s I/M regulations. 

The emissions modeling, I/M SIP 

narrative, and other technical 

documentation, included in New 

Hampshire’s November 17, 2011 

submittal continue to be applicable as 

the technical demonstration that New 

Hampshire’s implemented I/M program 

meets the requirements of EPA’s I/M 

regulations. The regulatory amendments 

made by New Hampshire to regulation 

Saf-C 3200, submitted in the June 2016 

SIP revision, do not reflect any changes 

to the technical implementation 

characteristics of the New Hampshire I/ 

M program and thus result in no 

changes to the EPA-approved emissions 

modeling analysis. 

II. Summary of New Hampshire’s 

Regulatory Changes 

New Hampshire’s amended Saf-C 

3200 regulation, submitted as a SIP 

revision on June 7, 2016, updates a 

number of regulatory provisions by 

adding language to clarify the I/M 

program requirements in New 

Hampshire. A summary of the most 

substantial changes made to New 

Hampshire’s SIP-approved regulation 

follows. New Hampshire (1) added 

clarifying definitions to Saf-C 3202; (2) 

amended Saf-C 3203.03 to change the 

month by which government fleet 

vehicles need to be inspected, i.e. to 

September of each year; (3) amended 

Saf-C 3204.02 and adopted Saf-C 

3205.11 to clarify both the required 

information to be submitted in an 

application to become an official 

inspection station, as well as the criteria 

for denying an application; and (4) 

amended Saf-C 3218 through Saf-C 3220 

to clarify and update the criteria for 

performance or condition of vehicle 

components that will result in the 

rejection of a vehicle. 

III. New Hampshire Satisfying Clean 

Air Act Requirements for I/M Programs 

In this document, EPA is only 

proposing to update New Hampshire’s I/ 

M regulation by revising subsections or 

provisions of the regulation as it 

currently exists in the New Hampshire 

SIP.1 As stated earlier in this document, 

the remaining technical aspects (i.e., I/ 

M SIP narrative, the emissions 

modeling, and other technical 

documentation) included in New 

Hampshire’s November 17, 2011 SIP 

revision, and approved by EPA on 

January 25, 2013 (78 FR 5292), continue 

to be applicable as the technical 


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

demonstration that New Hampshire’s 

implemented I/M program meets the 

requirements of EPA’s I/M regulations. 

IV. Proposed Action 

EPA is proposing to approve New 

Hampshire’s June 7, 2016 SIP revision 

request. This SIP revision request 

contains New Hampshire’s revised 

motor vehicle I/M program regulation. 

Specifically, EPA is proposing to 

approve amendments to the following 

New Hampshire Department of Safety 

Regulation Saf-C 3200 subsections or 

provisions as they currently exist in the 

New Hampshire SIP: Amendments to 

Saf–C 3202, Saf–C 3203, Saf–C 3204, 

Saf–C 3205, Saf–C 3206.04, Saf–C 

3207.01, Saf–C 3209, Saf–C 3210, Saf– 

C 3218, Saf–C 3220, Saf–C 3222, and 

Saf–C 3248. In addition, EPA is 

proposing to approve Saf–C 3219 which 

had not previously been submitted for 

inclusion in the New Hampshire SIP. 

EPA is proposing to approve New 

Hampshire’s June 7, 2016 SIP revision, 

containing New Hampshire’s updated I/ 

M program regulation, because it is 

consistent with the CAA’s I/M 

requirements and EPA’s I/M regulations, 

and will strengthen the SIP. EPA is 

soliciting public comments on the 

issues discussed in this notice or on 

other relevant matters. These comments 

will be considered before taking final 

action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments to this proposed rule by 

following the instructions listed in the 

ADDRESSES section of this Federal 

Register. 

V. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the aforementioned New Hampshire 

Department of Safety Regulation Saf-C 

3200 subsections identified in section 

IV of this proposal, except as set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available through 

www.regulations.gov and at the EPA 

Region 1 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

New Hampshire’s I/M program 

regulation contains enforcement 

provisions that detail state enforcement 

procedures, including administrative, 

civil, and criminal penalties, and 

administrative and judicial procedures. 

Such enforcement-related provisions are 

required elements of an I/M SIP under 

40 CFR 61.364, and EPA is proposing to 

approve the provisions as meeting those 

requirements. However, EPA is not 

proposing to incorporate those 

provisions by reference into the EPAapproved federal regulations at 40 CFR 

part 52. In any federal action to enforce 

violations of the substantive 

requirements of the New Hampshire I/ 

M program, the relevant provisions of 

Section 113 or 304 of the CAA, rather 

than state enforcement provisions 

would govern. Similarly, the applicable 

procedures in any federal action would 

be the applicable federal court rules or 

EPA’s rules for administrative 

proceedings at 40 CFR part 22, rather 

than state administrative procedures. 

Since the state enforcement provisions 

would not be applicable in a federal 

action, incorporating these state-only 

enforcement provisions into the federal 

regulations would have no effect. To 

avoid confusion to the public and 

regulated parties, EPA is not proposing 

to incorporate these provisions by 

reference into the EPA-approved federal 

regulations in the New Hampshire plan 

identification in 40 CFR part 52. 

Specifically, EPA is not proposing to 

incorporate New Hampshire’s 

regulations Saf-C 3222.04(d) and Saf-C 

3248 into the federal regulations at 40 

CFR 52.1520(c). 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this proposed action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• This action is not expected to be an 

Executive Order 13771 regulatory action 

because this action is not significant 

under Executive Order 12866. 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 31, 2018. 

Alexandra Dunn, 

Regional Administrator, EPA Region 1. 

[FR Doc. 2018–16623 Filed 8–2–18; 8:45 am] 

BILLING CODE 6560–50–P 


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