[Federal Register Volume 68, Number 123 (Thursday, June 26, 2003)]
[Proposed Rules]
[Pages 37994-37995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16238]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NH057-7174B; A-1-FRL-7518-7]


Approval and Promulgation of Air Quality Implementation Plans; 
New Hampshire; Control of Mobile Sources of Air Pollution

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of New Hampshire on August 31, 2000 
which contains the New Hampshire regulation Chapter Env-A 1100, Part 
Env-A 1101 entitled ``Diesel and Gasoline Powered Motor Vehicles.'' 
This regulation adopted by New Hampshire includes maintenance and 
operational requirements for diesel and gasoline powered engines. This 
regulation sets maximum opacity limits from vehicles, prohibits 
removing pollution control equipment from vehicles, and also sets time 
limits for allowing engines to idle. EPA is proposing to approve these 
New Hampshire requirements into the New Hampshire SIP because EPA has 
found that the requirements will strengthen the SIP. The intended 
effect of this action is to propose approval of the New Hampshire 
regulation entitled ``Diesel and Gasoline Powered Motor Vehicles.'' 
This action is being taken under section 110 of the Clean Air Act.

DATES: Written comments must be received on or before July 28, 2003.

ADDRESSES: Comments may be mailed to David Conroy, Unit Manager, Air 
Quality Planning, Office of Ecosystem Protection (mail code CAQ), U.S. 
Environmental Protection Agency, EPA-New England, One Congress Street, 
Suite 1100, Boston, MA 02114-2023. Copies of the New Hampshire 
submittal and EPA's technical support document are available for public 
inspection during normal business hours, by appointment at the Office 
of Ecosystem Protection, U.S. Environmental Protection Agency, EPA-New 
England, One Congress Street, 11th floor, Boston, MA and the Air 
Resources Division, Department of Environmental Services (DES), 6 Hazen 
Drive, P.O. Box 95, Concord, NH 03302.

FOR FURTHER INFORMATION CONTACT: Robert C. Judge, (617) 918-1045.

SUPPLEMENTARY INFORMATION: The information in this section is organized 
as follows:

I. What is the Background for this Action?
II. What are the Requirements of Chapter 1100, Part Env-A 1101?
III. Proposed Action
IV. What Are the Administrative Requirements?

I. What Is the Background for This Action?

    Chapter Env-A 1100 was adopted to minimize the environmental impact 
from mobile sources operating in New Hampshire. It was initially 
adopted in 1973 and amended several times prior to this version of the 
rule. Prior to the September 25, 1996 version of the rule which we are 
acting on, this rule was last amended on December 27, 1990. The most 
substantive changes made between that earlier version and this version 
of the rule are related to the specific opacity standards which diesel 
engines must meet, and the specific prohibitions and conditions for 
allowing both diesel and gasoline engines to idle. Both versions of the 
rule prohibited pollution control equipment from being removed. No 
version of Chapter Env-A 1100 has been submitted previously for 
approval in the state's air quality plan. However provisions of this 
rule have been incorporated into the state's inspection programs 
administered by the Department of Safety, and those have been approved 
into the SIP. For example, a roadside testing program has been 
established to ensure that diesel opacity standards are met. Also, as 
part of the existing safety inspection program, vehicles will not pass 
the test if pollution control equipment has been removed from a 
vehicle.
    The adoption of this rule will aid the state in meeting and 
maintaining compliance with air quality standards, including the 
standard for ground level ozone, and strengthen the SIP. The state has 
adopted this program to help reduce the impact of motor vehicle 
pollution by

[[Page 37995]]

setting opacity standards for vehicle emissions, requiring that 
pollution control equipment is not removed and prohibiting unnecessary 
idling of vehicles. New Hampshire air pollution control regulations 
apply statewide. New Hampshire submitted this rule to EPA on August 31, 
2000 for inclusion in the SIP.

II. What Are the Requirements of Chapter 1100, Part Env-A 1101?

    The New Hampshire rule, Part Env-A 1101 includes sections Env-A 
1101.01 through 1101.10. New Hampshire has also submitted Env-A 101.63 
and Env-A 101.109, which are the definitions of ``Emergency motor 
vehicle'' and ``Motor vehicle,'' respectively. Specifically, sections 
being proposed for approval establish opacity standards for diesel 
engines built on or before 1990 to be no higher than 55 percent 
opacity, those diesel engines built after 1990 to have no higher than 
40 percent opacity, and for gasoline engines to have no visible 
emissions other than water vapor, except at start up. The rule also 
prohibits the owner or operator of a diesel or gasoline powered vehicle 
from altering or removing any emission control equipment or system, and 
requires that equipment to be maintained and operational. Finally, with 
limited exceptions as provided for in the rule, such as for emergency 
vehicles or when the vehicle is stuck in traffic, no diesel or gasoline 
powered engine may be allowed to idle for more than 5 consecutive 
minutes if the temperature is above 32 degrees Fahrenheit, nor for more 
than 15 consecutive minutes if the temperature is between 32 degrees 
and minus 10 degrees Fahrenheit. This rule will result in emissions 
reductions of volatile organic compounds, nitrogen oxides, carbon 
monoxide, and fine particulate.

III. Proposed Action

    EPA is proposing to approve a SIP revision at the request of the 
New Hampshire DES. This version of the rule was adopted on September 
25, 1996 and submitted to EPA for approval on August 31, 2000. We are 
proposing to approve the September 25, 1996 version of Chapter Env-A 
1100, Part Env-A 1101 entitled ``Diesel and Gasoline Powered Motor 
Vehicles.'' EPA is proposing to approve these New Hampshire 
requirements into the SIP because EPA has found that the requirements 
will help prevent emissions of volatile organic compounds, nitrogen 
oxides, carbon monoxide and fine particles and will strengthen the New 
Hampshire 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 the EPA 
New England Regional Office listed in the ADDRESSES section of this 
document.

IV. What Are the Administrative Requirements?

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
state to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 13, 2003.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. 03-16238 Filed 6-25-03; 8:45 am]
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