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

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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