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Air Plan Approval; Georgia; Revision to I/M Program

Air Plan Approval; Georgia; Revision to I/M Program

Mary Walker
Environmental Protection Agency
24 August 2020

[Federal Register Volume 85, Number 164 (Monday, August 24, 2020)]
[Rules and Regulations]
[Pages 52047-52049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16668]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0195; FRL-10012-66-Region 4]

Air Plan Approval; Georgia; Revision to I/M Program

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 Georgia
through a letter dated March 15, 2019, through the Georgia Department
of Natural Resources (GA DNR), Environmental Protection Division (GA
EPD). The changes remove obsolete references, clarify the State's
inspection and maintenance (I/M) requirements, and update terminology,
including to reflect advances in technology. EPA evaluated the SIP
revision and determined the changes will not impact emissions under the
Georgia I/M program. EPA has determined that approval of the SIP
revision will not interfere with attainment or maintenance of any
national ambient air quality standard (NAAQS) or with any other
applicable requirement of the Clean Air Act (CAA or Act). Therefore,
EPA is approving the Georgia's March 15, 2019, SIP revision because it
is consistent with the applicable provisions of the CAA.

DATES: This rule is effective September 23, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0195 at http://www.regulations.gov.
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 and Radiation
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 through Friday 8:30 a.m. to 4:30
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9222. Ms. Sheckler can also be reached via electronic mail at
sheckler.kelly@epa.gov.

SUPPLEMENTARY INFORMATION:

I. This Action

EPA is approving changes to the Georgia SIP that were provided to
EPA under a cover letter dated March 15, 2019.\1\ Specifically, GA EPD
provided three different changes to Georgia's Rule 391-3-20--Enhanced
Inspection and Maintenance (``Georgia I/M Regulation''), which were
adopted by the GA DNR Board of Directors and became state-effective on
November 22, 2016, March 28, 2018, and February 17, 2019.\2\ The
changes are to update the SIP to remove obsolete references, clarify
the State's I/M requirements, and update terminology, including to
reflect advances in technology. These changes include adding, removing,
and revising definitions applicable to the Georgia I/M Regulation.
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\1\ EPA officially received Georgia's I/M SIP revision request
on March 21, 2019.
\2\ Changes adopted by the GA DNR Board on October 26, 2016,
became state-effective on November 22, 2016; adopted on February 28,
2018, became state-effective on March 28, 2018; and adopted on
January 16, 2019, became state-effective on February 17, 2019.
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II. Background

Georgia's March 19, 2019 SIP revision contains changes to a number
of rules within the Georgia I/M Regulation to remove obsolete
references, clarify the State's I/M regulations, and update
terminology: Rule 391-3-20-.01, ``Definitions;'' Rule 391-3-20-.03,
``Covered Vehicles: Exemptions;'' Rule 391-3-20-.04, ``Emission
Inspection Procedures;'' Rule 391-3-20-.05, ``Emission Standards;''
Rule 391-3-20-.06, ``On-Road Testing of Exhaust Emissions by Remote
Sensing Technology or Other Means;'' Rule 391-3-20-.07, ``Inspection
Equipment System Specification;'' 391-3-20-.08, ``Quality Control and
Equipment Calibration Procedures;'' Rule 391-3-20-.09, ``Inspection
Station Requirements;'' Rule 391-3-20-.10, ``Certificates of
Authorization;'' Rule 391-3-20-.11, ``Inspector Qualifications and
Certification;'' Rule 391-3-20-.13, ``Certificate of Emission
Inspection;'' Rule 391-3-20-.15, ``Repairs and Retests;'' Rule 391-3-
20-.17, ``Waivers;'' and Rule 391-3-20-.18, ``Sale of Vehicles.''
In a notice of proposed rulemaking (NPRM) published on May 14, 2020
(85 FR 28919), EPA proposed to approve the above changes into the
Georgia SIP. The details of Georgia's submission and the rationale for
EPA's action are explained in the NPRM. Comments on the NPRM were due
on or before June 15, 2020. EPA did not receive any comments on the
NPRM. Therefore, EPA is finalizing approval of those changes in this
action.
In this final action, EPA is correcting an error in the NPRM
regarding the term ``Certification of Emission Inspection.'' In the
NPRM (Section III.A.2.b.), EPA stated that ``[t]he term `Certificate of
Emissions Inspection' is defined as a certificate issued to stations
that have been inspected and approved by GA EPD.'' Georgia Rule 391-
391-3-20-.01, ``Definitions,'' however, defines a ``Certificate of
Emissions Inspection'' as follows:

(f) ``Certificate of Emissions Inspection'' means an official
certificate that exhaust emissions, evaporative emissions, emission
control equipment, and on-board diagnostic equipment have been
inspected and approved in accordance with the Act and this Chapter.
Such certificates will be furnished to official emission inspection
stations by EPD to be completed and issued by such stations to the
owner or operator of a responsible motor vehicle upon inspection and
approval certifying that such responsible motor vehicle has been
inspected and complies with the inspection and maintenance required
by the Act and this Chapter.

[[Page 52048]]

Therefore, the term ``Certificate of Emissions Inspection'' is defined
as a certificate issued to the owner or operator of a motor vehicle
that has received an emission inspection.

III. Incorporation by Reference

In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 40 CFR
51.5, EPA is finalizing the incorporation by reference of Georgia Rules
391-3-20-.04, 391-3-20-.05, 391-3-20-.07, 391-3-20-.08, 391-3-20-.10,
391-3-20-.13, 391-3-20-.15, 391-3-20-.18, and 391-3-20-.20, state
effective on March 28, 2018, and Georgia Rules 390-3-20-.01, 391-3-
20-.03, 391-3-20-.06, 391-3-20-.09, 391-3-20-.11, and 391-3-20-.17,
state effective on February 17, 2019, within Chapter 391-3-20, titled
``Enhanced Inspection and Maintenance,'' to remove obsolete references,
clarify the State's I/M requirements, and update terminology, including
to reflect advances in technology. EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 4 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 SIP, 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.\3\
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\3\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

EPA is approving Georgia's March 15, 2019, SIP revision. The
changes revise sections of Georgia's Rule 391-3-20--Enhanced Inspection
and Maintenance. The changes update the SIP to remove obsolete
references, clarify the State's I/M requirements, and update
terminology, including to reflect advances in technology. These changes
include adding, removing, and revising definitions applicable to the
Georgia I/M Regulation. EPA is approving these changes because they are
consistent with the CAA and EPA's inspection and maintenance
regulations at 40 CFR part 51 subpart S.

V. Statutory and Executive Order Review

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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 CAA. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted 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 (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);
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 CAA; 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).
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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 23, 2020. 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: July 23, 2020.
Mary Walker,
Regional Administrator, Region 4.

For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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.

[[Page 52049]]

Subpart (L)--Georgia

0
2. In Sec. 52.570 amend the table in paragraph (c) by:
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a. Revising the entry for ``391-3-20''; and
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b. Adding entries under ``Enhanced Inspection and Maintenance'' in
numerical order for ``391-3-20-.01, Definitions'', ``391-3-20-.02,
Covered Counties'', ``391-3-20-.03, Covered Vehicles; Exemptions'',
``391-3-20-.04, Emission Inspection Procedures'', ``391-3-20-.05,
Emission Standards'', ``391-3-20-.06, On-Road Testing of Exhaust
Emissions by Remote Sensing Technology or Other Means'', ``391-3-
20-.07, Inspection Equipment System Specifications'', ``391-3-20-.08,
Quality Control and Equipment Calibration Procedures'', ``391-3-20-.09,
Inspection Station Requirements'', ``391-3-20-.10, Certificates of
Authorization'', ``391-3-20-.11, Inspector Qualifications and
Certification'', ``391-3-20-.12, Schedules for Emission Inspections'',
``391-3-20-.13, Certificate of Emission Inspection'', ``391-3-20-.15,
Repairs and Retests'', ``391-3-20-.16, Extensions and Reciprocal
Inspections'', ``391-3-20-.17, Waivers'', ``391-3-20-.18, Sale of
Vehicles'', ``391-3-20-.19, Management Contractor'', ``391-3-20-.20,
Referee Program'', ``391-3-20-.21, Inspection Fees'', and ``391-3-
20-.22, Enforcement'', to read as follows:

Sec. 52.570 Identification of plan.

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(c) * * *

EPA Approved Georgia Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
391-3-20............... Enhanced Inspection and Maintenance
391-3-20-.01........... Definitions.............. 2/17/2019 8/24/2020, [Insert ..................
citation of
publication].
391-3-20-.02........... Covered Counties......... 1/9/2005 5/24/2007, 72 FR 29075.. ..................
391-3-20-.03........... Covered Vehicles; 2/17/2019 8/24/2020, [Insert ..................
Exemptions. citation of
publication].
391-3-20-.04........... Emission Inspection 3/28/2018 8/24/2020, [Insert ..................
Procedures. citation of
publication].
391-3-20-.05........... Emission Standards....... 3/28/2018 8/24/2020, [Insert ..................
citation of
publication].
391-3-20-.06........... On-Road Testing of 2/17/2019 8/24/2020, [Insert ..................
Exhaust Emissions by citation of
Remote Sensing publication].
Technology or Other
Means.
391-3-20-.07........... Inspection Equipment 3/28/2018 8/24/2020, [Insert ..................
System Specifications. citation of
publication].
391-3-20-.08........... Quality Control and 3/28/2018 8/24/2020, [Insert ..................
Equipment Calibration citation of
Procedures. publication].
391-3-20-.09........... Inspection Station 2/17/2019 8/24/2020, [Insert ..................
Requirements. citation of
publication].
391-3-20-.10........... Certificates of 3/28/2018 8/24/2020, [Insert ..................
Authorization. citation of
publication].
391-3-20-.11........... Inspector Qualifications 2/17/2019 8/24/2020, [Insert ..................
and Certification. citation of
publication].
391-3-20-.12........... Schedules for Emission 6/19/2014 4/10/2017, 82 FR 17128.. ..................
Inspections.
391-3-20-.13........... Certificate of Emission 3/28/2018 8/24/2020, [Insert ..................
Inspection. citation of
publication].
391-3-20-.15........... Repairs and Retests...... 3/28/2018 8/24/2020, [Insert ..................
citation of
publication].
391-3-20-.16........... Extensions and Reciprocal 6/19/2014 4/10/2017, 82 FR 17128.. ..................
Inspections.
391-3-20-.17........... Waivers.................. 2/17/2019 8/24/2020, [Insert ..................
citation of
publication].
391-3-20-.18........... Sale of Vehicles......... 3/28/2018 8/24/2020, [Insert ..................
citation of
publication].
391-3-20-.19........... Management Contractor.... 6/19/2014 4/10/2017, 82 FR 17128.. ..................
391-3-20-.20........... Referee Program.......... 3/28/2018 8/24/2020, [Insert ..................
citation of
publication].
391-3-20-.21........... Inspection Fees.......... 6/19/2014 4/10/2017, 82 FR 17128.. ..................
391-3-20-.22........... Enforcement.............. 6/19/2014 4/10/2017, 82 FR 17128.. ..................
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[FR Doc. 2020-16668 Filed 8-21-20; 8:45 am]
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