[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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