[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47288-47290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22165]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NH17-01-7150a; A-1-FRL-5281-8]


Approval and Promulgation of Air Quality Implementation Plans; 
New Hampshire; Extension of the Date To Meet Conditions for the 
Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of New Hampshire. This revision establishes and 
allows for extension of the date for the State of New Hampshire to meet 
the conditions delineated in the Federal Register notice of October 12, 
1994 (59 FR 51514) from July 29, 1995, until November 14, 1995. New 
Hampshire must meet these conditions before the motor vehicle 
inspection and maintenance program can be approved. The intended effect 
of this action is to approve a revision to the date for submission of 
required conditions in accordance with Section 110(k)(4) of the Clean 
Air Act.

DATES: This final rule is effective November 13, 1995, unless notice is 
received by October 12, 1995 that adverse or critical comments will be 
submitted. If the effective date is delayed, timely notice will be 
published in the Federal Register.

ADDRESSES: Comments may be mailed to Susan Studlien, Acting Director, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours, by appointment, at the 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region I, One Congress Street, 10th floor, Boston, 
MA; Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, 401 M Street SW. (LE-131), Washington, D.C., 20460; 
and the Air Resources Division, Department of Environmental Services, 
64 North Main Street, Caller Box 2033, Concord, NH 03302-2033.

FOR FURTHER INFORMATION CONTACT: Peter Hagerty, (617) 565-3224.

SUPPLEMENTARY INFORMATION: On June 14, 1995, the State of New Hampshire 
submitted a formal revision to its State Implementation Plan (SIP). The 
SIP revision consists of a request to extend the date for submission of 
a SIP revision which meets the requirements of the three conditions 
specified for full approval of the New Hampshire motor vehicle 
inspection and maintenance program in the Federal Register of October 
12, 1994, (59 FR 51514). New Hampshire requested an extension from July 
29, 1995, to November 14, 1995.

Summary of SIP Revision

    On June 14, 1995, the State of New Hampshire submitted a formal 
revision to its State Implementation Plan (SIP). The SIP revision 
consists of a request for extension of the date for submission of a SIP 
revision which meets the requirements of the three conditions specified 
in the Federal Register notice of October 12, 1994, from July 29, 1995, 
to November 14, 1995. New Hampshire must meet these conditions before 
the motor vehicle inspection and maintenance program can be approved. 
This is consistent with the requirements of Section 110 (k)(4) of the 
Clean Air Act which allows states up to one year to comply with 
conditions based on commitments by a state to adopt enforceable 
measures to meet SIP requirements. In New Hampshire's case these 
conditions call for (1) imposition of a more severe penalty for first 
time inspection offenses, (2) adoption of on-road testing standards, 
and (3) limiting the use of compliance via diagnostic inspection to 
those vehicles for which it is allowed under the EPA's I/M rules. 
November 14, 1995, is one year from the effective date of the New 
Hampshire conditional approval notice and is within the time allowed 
under section 110(f)(4) to meet SIP conditions.
    The letter requesting this extension was not the subject of a 
public hearing. There is now insufficient time for New Hampshire to 
hold public hearings on its recent request for an extension of time to 
meet the conditions of the I/M SIP approval. Although such hearings are 
still required, in this case, EPA believes it is not in the public 
interest to demand that they occur prior to taking action on this 
revision and thus require disapproval of New Hampshire's I/M SIP. We 
note that New Hampshire held hearings on the submitted I/M program and 
provided the public an opportunity to comment on whether or not the 
submittal complied with federal statutory and regulatory requirements . 
Also, during EPA's approval process, the public had an opportunity to 
comment on the proposed conditional approval and address the State's 
commitments to correct identified deficiencies. According, while the 
State remains obligated to hold hearings on its commitments to adopt 
corrective measures, it merely is delaying such hearings for a de 
minimus period. EPA 

[[Page 47289]]
believes New Hampshire will hold hearings on its commitments in 
conjunction with the hearings on the substantive corrective measures 
themselves.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective November 13, 1995 unless adverse or critical comments are 
received by October 12, 1995.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by simultaneously publishing a subsequent 
notice that will withdraw the final action. All public comments 
received will then be addressed in a subsequent final rule based on 
this action serving as a proposed rule. The EPA will not institute a 
second comment period on this action. Any parties interested in 
commenting on this action should do so at this time. If no such 
comments are received, the public is advised that this action will be 
effective on November 13, 1995.
Final Action

    EPA is approving an extension of the date for the State of New 
Hampshire to meet the conditions delineated in the October 12, 1995 
Federal Register from July 29, 1995, until November 14, 1995.
    Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et seq., 
EPA must prepare a regulatory flexibility analysis assessing the impact 
of any proposed or final rule on small entities. 5 U.S.C. Secs. 603 and 
604. Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Section 110 of the 
Clean Air Act. These rules may bind State, local and tribal governments 
to perform certain actions and also require the private sector to 
perform certain duties. To the extent that the rules being approved by 
this action will impose no new requirements, such sources are already 
subject to these regulations under State law. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. EPA has also determined that 
this final action does not include a mandate that may result in 
estimated costs of $100 million or more to State, local, or tribal 
governments in the aggregate or to the private sector.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables.
    The Office of Management and Budget (OMB) has exempted this action 
from review under Executive Order 12866.
    Conditional approvals of SIP submittals under section 110 and 
subchapter I, Part D of the CAA do not create any new requirements, but 
simply approve requirements that the State is already imposing. 
Therefore, because the federal SIP-approval does not impose any new 
requirements, I certify that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
federal-state relationship under the CAA, preparation of a regulatory 
flexibility analysis would constitute federal inquiry into the economic 
reasonableness of state action. The CAA forbids EPA to base its actions 
concerning SIPs on such grounds. Union Electric Co. v. U.S. E.P.A., 427 
U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410 (a)(2).
    If the conditional approval is converted to a disapproval under 
section 110(k), based on the State's failure to meet the commitment, it 
will not affect any existing state requirements applicable to small 
entities. Federal disapproval of the state submittal does not affect 
its state-enforceability. Moreover, EPA's disapproval of the submittal 
does not impose a new federal requirement. Therefore, EPA certifies 
that such disapproval action does not have a significant impact on a 
substantial number of small entities because it does not remove 
existing state requirements nor does it substitute a new federal 
requirement.
    On January 6, 1989, (OMB) waived Table 2 and Table 3 revisions (54 
FR 2222) from the requirements of Section 3 of Executive Order 12291 
for a period of two years. EPA has submitted a request for a permanent 
waiver for Table 2 and Table 3 SIP revisions. OMB has agreed to 
continue the temporary waiver until such time as it rules on EPA's 
request.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State implementation plan. Each request for revision to 
the State implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 13, 1995. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Nitrogen dioxide, Ozone.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of New Hampshire was approved by the Director of 
the Federal Register on July 1, 1982.

    Dated: July 27, 1995.
John P. DeVillars,
Regional Administrator, EPA--New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q. 

[[Page 47290]]


Subpart EE--New Hampshire

    2. Section 52.1519 is amended by adding paragraph (c)(3) to read as 
follows:


Sec. 52.1519  Identification of plan.

* * * * * *
    (c) * * *
    (3) Revision to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on June 14, 1995.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated June 
14, 1995, submitting a revision to the New Hampshire State 
Implementation Plan.

[FR Doc. 95-22165 Filed 9-11-95; 8:45 am]
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