[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Proposed Rules]
[Pages 6082-6084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01937]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2024-0018; FRL-11714-01-R1]


Air Plan Approval; New Hampshire; Amendments to Motor Vehicle 
Inspection and Maintenance Program Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of New Hampshire. This revision includes an amended regulation 
for the Enhanced Motor Vehicle Inspection and Maintenance (I/M) program 
in New Hampshire. Overall, the submittal updates and clarifies the 
implementation of the New Hampshire I/M program. The intended effect of 
this action is to propose approval of the updated I/M program 
regulation into the New Hampshire SIP. This action is being taken under 
the Clean Air Act.

DATES: Written comments must be received on or before March 1, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2024-0018 at https://www.regulations.gov, or via email to 
<a href="/cdn-cgi/l/email-protection#3f525e4d4b56515a535356115e46535e7f5a4f5e11585049"><span class="__cf_email__" data-cfemail="d8b5b9aaacb1b6bdb4b4b1f6b9a1b4b998bda8b9f6bfb7ae">[email protected]</span></a>. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any

[[Page 6083]]

comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section. 
For the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
Region 1 Regional Office, Air and Radiation Division, 5 Post Office 
Square--Suite 100, Boston, MA. EPA requests that if at all possible, 
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Ayla Martinelli, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office 
Square--Suite 100, (Mail code 5-MI), Boston, MA 02109-3912, tel. (617) 
918-1057, email: <a href="/cdn-cgi/l/email-protection#4e232f3c3a27202b222227602f37222f0e2b3e2f60292138"><span class="__cf_email__" data-cfemail="6904081b1d00070c0505004708100508290c1908470e061f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Summary of New Hampshire's Regulatory Changes
III. New Hampshire Satisfying Clean Air Act Requirements for I/M 
Programs
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 22, 2022, the State of New Hampshire submitted a 
formal revision to its State Implementation Plan (SIP). The submitted 
SIP revision included amendments to the New Hampshire Code of 
Administrative Rules Chapter Saf-C 3200 entitled, ``Official Motor 
Vehicle Inspection Requirements,'' which update the Enhanced Motor 
Vehicle Inspection and Maintenance (I/M) program in New Hampshire.
    New Hampshire first submitted an I/M program SIP revision on 
November 17, 2011, which EPA approved into the New Hampshire SIP on 
January 25, 2013 (78 FR 5292). New Hampshire's November 17, 2011 
revision included all the regulatory and technical documentation 
required in an I/M SIP submittal to address the requirements of EPA's 
I/M regulations at 40 CFR 51 subpart S. The emissions modeling, I/M SIP 
narrative, and other technical documentation, included in New 
Hampshire's November 17, 2011 submittal continue to be applicable as 
the technical demonstration that New Hampshire's implemented I/M 
program meets the requirements of EPA's I/M regulations at 40 CFR 51 
subpart S.
    More recently, the State of New Hampshire submitted a formal 
revision to its SIP on June 7, 2016, which included amendments to the 
New Hampshire Code of Administrative Rules Chapter Saf-C 3200. This 
revision updated several regulatory provisions by adding language to 
clarify the I/M program requirements in New Hampshire. These updates 
did not reflect any changes to the technical implementation 
characteristics of the New Hampshire I/M program and thus resulted in 
no changes to the EPA-approved emissions modeling analysis. EPA 
approved this revision into the New Hampshire SIP on September 25, 2018 
(83 FR 48385).

II. Summary of New Hampshire's Regulatory Changes

    New Hampshire's amended Saf-C 3200 regulation, submitted as a SIP 
revision on September 22, 2022, updates a number of regulatory 
provisions by adding language to clarify the I/M program requirements 
in New Hampshire. A summary of the most substantial changes made to New 
Hampshire's SIP-approved regulation follows. New Hampshire (1) added 
clarifying definitions to Saf-C 3202; (2) amended Saf-C 3204.02 to 
update the required information for an application to become a fleet 
inspection station; (3) amended 3205.8 to extend the expiration date of 
inspection station certificates from once a year to biennially; (4) 
revised 3209.01 to reflect the updated sticker order form and 
respective revision date; (5) made multiple amendments to Saf-C 3209 
regarding obtaining inspection stickers; (6) made multiple amendments 
to Saf-C 3222.08 to clarify criteria for an economic hardship waiver; 
and (7) amended Saf-C 3222.09 to replace exemption from visual 
inspection requirements with application requirements for a low mileage 
waiver.

III. New Hampshire Satisfying Clean Air Act Requirements for I/M 
Programs

    In this document, EPA is only proposing to update New Hampshire's 
I/M regulation by revising subsections or provisions of the regulation 
as it currently exists in the New Hampshire SIP.\1\ As stated earlier 
in this document, the remaining technical aspects (i.e., I/M SIP 
narrative, the emissions modeling, and other technical documentation) 
included in New Hampshire's November 17, 2011 SIP revision, as approved 
by EPA on January 25, 2013 (78 FR 5292) continue to be applicable as 
the technical demonstration that New Hampshire's implemented I/M 
program meets the requirements of EPA's I/M regulations at 40 CFR 51 
Subpart S.
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    \1\ EPA's January 25, 2013 (78 FR 5292) approval of New 
Hampshire's November 17, 2011 I/M SIP submittal describes how New 
Hampshire's I/M program satisfies the OBD2 and other I/M regulatory 
requirements established by the Clean Air Act and EPA's I/M 
regulations at 40 CFR 51 Subpart S. In addition, EPA's January 25, 
2013 (78 FR 5292) approval contains a detailed discussion of EPA's 
rationale for approving New Hampshire's November 17, 2011 I/M SIP 
revision and will not be restated in this document.
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IV. Proposed Action

    EPA is proposing to approve New Hampshire's September 22, 2022 SIP 
revision request. This SIP revision request contains New Hampshire's 
revised motor vehicle I/M program regulation. Specifically, EPA is 
proposing to approve amendments to the following New Hampshire 
Department of Safety Regulation Saf-C 3200 subsections or provisions as 
they currently exist in the New Hampshire SIP: amendments to Saf-C 
3202, Saf-C 3203, Saf-C 3204, Saf-C 3205, Saf-C 3206.04, Saf-C 3207.01, 
Saf-C 3209, Saf-C 3210.02, and Saf-C 3222.
    EPA is proposing to approve New Hampshire's September 22, 2022 SIP 
revision, containing New Hampshire's updated I/M program regulation, 
because it is consistent with the CAA's I/M requirements and EPA's I/M 
regulations at 40 CFR 51 Subpart S, and will strengthen the SIP. The 
New Hampshire September 22, 2022 SIP that EPA is proposing to approve 
did not reflect any changes to the technical implementation 
characteristics of the New Hampshire I/M program and thus resulted in 
no changes to the EPA-approved emissions modeling analysis. EPA is 
soliciting public comments on

[[Page 6084]]

the issues discussed in this notice or on other relevant matters. These 
comments will be considered before taking final action. Interested 
parties may participate in the Federal rulemaking procedure by 
submitting written comments to this proposed rule by following the 
instructions listed in the ADDRESSES section of this Federal Register.

V. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the aforementioned New Hampshire Department of Safety 
Regulation Saf-C 3200 subsections identified in section IV of this 
proposal, except as set forth below. The EPA has made, and will 
continue to make, these documents generally available through 
www.regulations.gov and at the EPA Region 1 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
    New Hampshire's I/M program regulation contains enforcement 
provisions that detail state enforcement procedures, including 
administrative, civil, and criminal penalties, and administrative and 
judicial procedures. Such enforcement-related provisions are required 
elements of an I/M SIP under 40 CFR 61.364, and EPA is proposing to 
approve the provisions as meeting those requirements. However, EPA is 
not proposing to incorporate those provisions by reference into the 
EPA-approved federal regulations at 40 CFR part 52. In any federal 
action to enforce violations of the substantive requirements of the New 
Hampshire I/M program, the relevant provisions of Section 113 or 304 of 
the CAA, rather than state enforcement provisions would govern. 
Similarly, the applicable procedures in any federal action would be the 
applicable federal court rules or EPA's rules for administrative 
proceedings at 40 CFR part 22, rather than state administrative 
procedures. Since the state enforcement provisions would not be 
applicable in a federal action, incorporating these state-only 
enforcement provisions into the federal regulations would have no 
effect. To avoid confusion to the public and regulated parties, EPA is 
not proposing to incorporate these provisions by reference into the 
EPA-approved federal regulations in the New Hampshire plan 
identification in 40 CFR part 52. Specifically, EPA is not proposing to 
incorporate New Hampshire's regulations Saf-C 3222.04(d) and Saf-C 3248 
into the federal regulations at 40 CFR 52.1520(c).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this proposed action:
    <bullet> Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    New Hampshire did not evaluate environmental justice considerations 
as part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. Due to the 
nature of the action being taken here, this action is expected to have 
a neutral to positive impact on the air quality of the affected area. 
EPA did not perform an EJ analysis and did not consider EJ in this 
action. Consideration of EJ is not required as part of this action, and 
there is no information in the record inconsistent with the stated goal 
of E.O. 12898 of achieving environmental justice for people of color, 
low-income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: January 25, 2024.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2024-01937 Filed 1-30-24; 8:45 am]
BILLING CODE 6560-50-P


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