[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Rules and Regulations]
[Pages 33232-33234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08928]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2024-0018; FRL-11714-02-R1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approve the updated I/M program regulation into the 
New Hampshire SIP. This action is being taken in accordance with the 
Clean Air Act.

DATES: This rule is effective on May 29, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2024-0018. All documents in the docket 
are listed on the https://www.regulations.gov website. Although

[[Page 33233]]

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 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: [email protected].

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

Table of Contents

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On January 31, 2024 (89 FR 6082), EPA published a Notice of 
Proposed Rulemaking (NPRM) for the State of New Hampshire. The NPRM 
proposed approval of New Hampshire's amended regulation for the state's 
Enhanced Motor Vehicle Inspection and Maintenance (I/M) program. The 
formal SIP revision was submitted by New Hampshire on September 22, 
2022. The rationale for EPA's proposed action is explained in the NPRM 
and will not be restated here. No public comments were received on the 
NPRM.

II. Final Action

    EPA is approving New Hampshire's amended I/M regulation as a 
revision to the New Hampshire SIP.
    EPA is incorporating New Hampshire's I/M program regulation, Saf-C 
3200 ``Official Motor Vehicle Inspection Requirements,'' by reference 
into the New Hampshire SIP. 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 finalizing the approval of the provisions as meeting those 
requirements. However, EPA is not finalizing the incorporation of 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 incorporating 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 incorporating New Hampshire's regulations Saf-C 3222.04(d) and Saf-
C 3248 into the federal regulations at 40 CFR 52.1520(c).

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the New 
Hampshire Department of Safety Regulation Saf-C 3200 ``Official Motor 
Vehicle Inspection Requirements,'' which updates and clarifies the 
implementation of the New Hampshire I/M program, with exceptions as 
described in section II of this final rule. 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). Therefore, these materials have 
been approved by EPA for inclusion in the State implementation plan, 
have been incorporated by reference by EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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); and
     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

[[Page 33234]]

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.
    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 June 28, 2024. 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. 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: April 22, 2024.
David Cash,
Regional Administrator, EPA Region 1.

    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 EE--New Hampshire

0
2. In Sec.  52.1520(c), the table in paragraph (c) is amended by 
revising the entry for ``Saf-C 3200'' to read as follows:


Sec.  52.1520   Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved New Hampshire Regulations
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                                                     State effective   EPA approval date
         State citation            Title/subject           date               \1\              Explanations
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                                                  * * * * * * *
Saf-C 3200.....................  Official Motor     November 26, 2019  April 29, 2024...  Replaces the SIP-
                                  Vehicle                              [Insert Federal     approved version of
                                  Inspection                            Register           Saf-C 3200 in its
                                  Requirements.                         citation].         entirety.
                                                                                           Specifically, amends
                                                                                           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. Saf-C
                                                                                           3222.04(d) and
                                                                                           section Saf-C 3248
                                                                                           are not being
                                                                                           incorporated into the
                                                                                           New Hampshire SIP.
 
                                                  * * * * * * *
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\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.

[FR Doc. 2024-08928 Filed 4-26-24; 8:45 am]
BILLING CODE 6560-50-P