Air Plan Approval; New Hampshire; Updates to Enhanced Motor Vehicle Inspection and Maintenance Program Regulation, 48385-48387 [2018-20743]
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Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations
Jersey-Long Island, NY–NJ–CT 8-hour
ozone nonattainment area. The
transportation conformity rule) requires
that the EPA conduct a public process
and make an affirmative decision on the
adequacy of these budgets before they
can be used by metropolitan planning
organizations in conformity
determinations. As a result of this
finding, upon the effective date of this
notification of adequacy, the North
Jersey Transportation Planning
Authority must use these budgets in
future transportation conformity
determinations. The budgets are
contained in New Jersey’s December 22,
2017, state implementation plan
submittal for the 2008 8-hour ozone
NAAQS and are associated with the
reasonable further progress milestone
demonstration.
DATES: This finding is effective October
10, 2018.
FOR FURTHER INFORMATION CONTACT:
Reema Loutan, Environmental
Protection Agency Region 2, Air
Programs Branch, 290 Broadway, 25th
Floor, New York, New York 10007–
1866; (212) 637–3760, loutan.reema@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
This document is simply an
announcement of a finding that we have
already made. EPA Region 2 sent a letter
to the New Jersey Department of
Environmental Protection on August 16,
2018, stating that the 2017 motor
vehicle emissions budgets (‘‘budgets’’)
in the submitted state implementation
plan (‘‘SIP’’) for the 2008 national
ambient air quality standard for ozone
for the New Jersey portions of the New
York-Northern New Jersey-Long Island,
NY–NJ–CT 8-hour ozone nonattainment
area are adequate for transportation
conformity purposes. These budgets are
associated with the SIP’s reasonable
further progress milestone
demonstration and must apply to future
transportation conformity
determinations conducted by the North
Jersey Transportation Planning
Authority (‘‘NJTPA’’).
On December 22, 2017, the New
Jersey Department of Environmental
Protection submitted a SIP revision for
the New Jersey portion of the New YorkNorthern New Jersey-Long Island, NY–
NJ–CT 2008 8-hour ozone
nonattainment area. This revision to the
SIP included 2017 summer day volatile
organic compound (‘‘VOC’’) and
nitrogen oxides (‘‘NOX’’) motor vehicle
emissions budgets associated with the
SIP’s reasonable further progress
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16:30 Sep 24, 2018
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demonstration. We announced
availability of the plan and related
budgets on the EPA’s transportation
conformity website on February 8, 2018,
requesting comments by March 12,
2018. We received no comments in
response to the adequacy review
posting.
This finding will also be available at
the EPA’s conformity website: https://
www.epa.gov/state-and-localtransportation/conformity-adequacyreview-region-2.
The motor vehicle emissions budgets
are provided in Table 1 below.
TABLE 1—2017 MOTOR VEHICLE
EMISSIONS BUDGETS FOR NJTPA
48385
Dated: September 5, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018–20738 Filed 9–24–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2016–0398; FRL–9983–
99—Region 1]
Air Plan Approval; New Hampshire;
Updates to Enhanced Motor Vehicle
Inspection and Maintenance Program
Regulation
Year
NOX
VOC
Environmental Protection
Agency (EPA).
ACTION: Final rule.
2017 ......................
103.22
48.69
SUMMARY:
AGENCY:
[Tons per day]
Transportation conformity is required
by Clean Air Act section 176(c). The
EPA’s conformity rule requires that
long-range transportation plans,
transportation improvement programs,
and transportation projects conform to a
state’s air quality SIP and establishes the
criteria and procedures for determining
whether or not they conform.
Conformity to a SIP means that
transportation activities will not
produce new air quality violations,
worsen existing violations, or delay
timely attainment of the NAAQS.
The criteria the EPA uses to
determine whether a SIP’s motor vehicle
emission budgets are adequate for
conformity purposes are outlined in 40
CFR 93.118(e)(4). We have further
described our process for determining
the adequacy of submitted SIP budgets
in 40 CFR 93.118(f), and we followed
this rule in making our adequacy
determination. Please note that an
adequacy review is separate from the
EPA’s completeness review and should
not be used to prejudge the EPA’s
ultimate action on the SIP. Even if we
find a budget adequate, the SIP could
later be disapproved.
Pursuant to 40 CFR 93.104(e), within
2 years of the effective date of this
document, NJTPA and the U.S.
Department of Transportation will need
to demonstrate conformity to the new
budgets. For demonstrating conformity
to the budgets in this plan, the on-road
motor vehicle emissions from
implementation of the long-range
transportation plan should be projected
consistently with the budgets in this
plan.
Authority: 42 U.S.C. 7401–7671q.
PO 00000
Frm 00025
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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. New Hampshire continues
to implement a test and repair network
for an on-board diagnostic (OBD2)
testing program. The submitted New
Hampshire regulation 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 October
25, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2016–0398. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
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, Office of
Ecosystem Protection, Air Quality
Planning Unit, 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
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48386
Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations
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.
FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, 5 Post
Office Square, Suite 100 (Mail code:
OEP05–2), Boston, MA 02109–3912,
telephone number: (617) 918–1660,
email: garcia.ariel@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On August 3, 2018 (83 FR 38102), the
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 New Hampshire motor
vehicle inspection and maintenance (I/
M) program. The formal SIP revision
was submitted by New Hampshire on
June 7, 2016. The rationale for the EPA’s
proposed action is explained in the
NPRM and will not be restated here.
II. Response to Comments
The EPA received one comment
during the comment period, which
discussed subjects outside the scope of
this SIP action, does not explain (or
provide a legal basis for) how the
proposed action should differ in any
way, and makes no specific mention of
the proposed action. As such, the
comment is not germane and does not
require further response to finalize the
action as proposed.
daltland on DSKBBV9HB2PROD with RULES
III. Final Action
The EPA is approving New
Hampshire’s amended I/M regulation as
a revision to the New Hampshire SIP.
IV. 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
amended New Hampshire Code of
Administrative Rules Chapter Saf-C
3200 entitled, ‘‘Official Motor Vehicle
Inspection Requirements,’’ described in
the amendments to 40 CFR part 52 set
forth below. The EPA has made, and
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Jkt 244001
will continue to make, these documents
generally available through https://
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 the EPA for inclusion in
the State implementation plan, have
been incorporated by reference by the
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 the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.1
V. 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);
• This action is not an Executive
Order 13771 regulatory action because
this action is not significant under
Executive Order 12866;
• 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 (Public Law 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);
1 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00026
Fmt 4700
Sfmt 4700
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• 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;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 November 26,
2018. 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,
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Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
§ 52.1520
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Dated: September 17, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
Subpart EE—New Hampshire
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
2. In § 52.1520, the table in paragraph
(c) is amended by revising the entry for
‘‘Saf-C 3200’’ to read as follows:
■
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State effective
date
State citation
Title/subject
*
Saf-C 3200 .....................
*
*
Official Motor Vehicle
Inspection Requirements.
*
*
01/06/2016
*
EPA approval date 1
Explanations
*
*
9/25/2018, [Insert Federal Register citation].
*
*
Amends Saf-C sections 3202, 3203, 3204,
3205, 3206.04, 3207.01, 3209, 3210, 3218,
3220, 3222, and 3248; and approves Saf-C
3219.
*
*
*
*
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.
ENVIRONMENTAL PROTECTION
AGENCY
infrastructure SIPs for the
aforementioned states as demonstrating
that air emissions in the states do not
significantly contribute to
nonattainment or interfere with
maintenance of the 2012 PM2.5 NAAQS
in any other state.
40 CFR Part 52
DATES:
*
*
*
*
*
[FR Doc. 2018–20743 Filed 9–24–18; 8:45 am]
BILLING CODE 6560–50–P
This rule will be effective
October 25, 2018.
[EPA–R04–OAR–2016–0334; FRL–9984–
36—Region 4]
Air Plan Approval; AL, FL, GA, KY, MS,
NC, SC, TN; Interstate Transport for
the 2012 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of State
Implementation Plan (SIP) submissions
from Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina,
South Carolina, and Tennessee
addressing the Clean Air Act (CAA or
Act) interstate transport infrastructure
SIP requirements for the 2012 Fine
Particulate Matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS). The CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, commonly
referred to as an ‘‘infrastructure SIP.’’
EPA is taking final action to approve the
interstate transport portions of these
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SUMMARY:
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Jkt 244001
EPA has established a
docket for these actions under Docket
Identification No. EPA–R04–OAR–
2016–0334. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information 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 either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
ADDRESSES:
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division,
Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Mr. Wong can be
reached by telephone at (404) 562–8726
or via electronic mail at wong.richard@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012, EPA revised
the primary Annual PM2.5 NAAQS to
12.0 micrograms per cubic meter (mg/
m3). See 78 FR 3086 (January 15, 2013).
An area meets the standard if the threeyear average of its annual average PM2.5
concentration (at each monitoring site in
the area) is less than or equal to 12.0 mg/
m3. States were required to submit
infrastructure SIP submissions for the
2012 Annual PM2.5 NAAQS to EPA no
later than December 14, 2015.
CAA section 110(a)(1) requires states
to submit SIP revisions within three
years after promulgation of a new or
revised NAAQS in order to provide for
the implementation, maintenance, and
enforcement of the new or revised
NAAQS. CAA section 110(a)(2) outlines
the applicable requirements of such SIP
submissions, which EPA has
historically referred to as ‘‘infrastructure
SIP’’ submissions. Section 110(a)(2)
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]]>Agencies
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Rules and Regulations]
[Pages 48385-48387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20743]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2016-0398; FRL-9983-99--Region 1]
Air Plan Approval; New Hampshire; Updates to Enhanced Motor
Vehicle Inspection and Maintenance Program Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
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. New Hampshire continues to implement a test and repair
network for an on-board diagnostic (OBD2) testing program. The
submitted New Hampshire regulation 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 October 25, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2016-0398. All documents in the docket
are listed on the https://www.regulations.gov website. Although 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, Office of Ecosystem Protection, Air Quality
Planning Unit, 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
[[Page 48386]]
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.
FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, 5 Post Office Square, Suite 100 (Mail code: OEP05-2), Boston,
MA 02109-3912, telephone number: (617) 918-1660, 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. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On August 3, 2018 (83 FR 38102), the 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 New
Hampshire motor vehicle inspection and maintenance (I/M) program. The
formal SIP revision was submitted by New Hampshire on June 7, 2016. The
rationale for the EPA's proposed action is explained in the NPRM and
will not be restated here.
II. Response to Comments
The EPA received one comment during the comment period, which
discussed subjects outside the scope of this SIP action, does not
explain (or provide a legal basis for) how the proposed action should
differ in any way, and makes no specific mention of the proposed
action. As such, the comment is not germane and does not require
further response to finalize the action as proposed.
III. Final Action
The EPA is approving New Hampshire's amended I/M regulation as a
revision to the New Hampshire SIP.
IV. 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
amended New Hampshire Code of Administrative Rules Chapter Saf-C 3200
entitled, ``Official Motor Vehicle Inspection Requirements,'' described
in the amendments to 40 CFR part 52 set forth below. The EPA has made,
and will continue to make, these documents generally available through
https://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 the EPA for inclusion in the State
implementation plan, have been incorporated by reference by the 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 the
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. 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);
This action is not an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
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 (Public Law 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);
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; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 November 26, 2018. 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,
[[Page 48387]]
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 17, 2018.
Alexandra Dunn,
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, 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 EPA approval date
State citation Title/subject effective date \1\ Explanations
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* * * * * * *
Saf-C 3200..................... Official Motor 01/06/2016 9/25/2018, [Insert Amends Saf-C sections
Vehicle Federal Register 3202, 3203, 3204,
Inspection citation]. 3205, 3206.04,
Requirements. 3207.01, 3209, 3210,
3218, 3220, 3222, and
3248; and approves Saf-
C 3219.
* * * * * * *
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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. 2018-20743 Filed 9-24-18; 8:45 am]
BILLING CODE 6560-50-P
