Air Plan Approval; Georgia; Vehicle Inspection and Maintenance Program

Air Plan Approval; Georgia; Vehicle Inspection and Maintenance Program

Publication: Federal Register
Agency: Environmental Protection Agency
Byline: Jeaneanne Gettle
Date: 9 February 2024
Subjects: American Government

, The Environment

[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Rules and Regulations]
[Pages 8996-8999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02521]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0630; FRL-11582-02-R4]

Air Plan Approval; Georgia; Vehicle Inspection and Maintenance
Program

AGENCY: Environmental Protection Agency (EPA).

[[Page 8997]]

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to Georgia's State Implementation Plan (SIP) submitted by the State of
Georgia through the Georgia Department of Natural Resources (GA DNR),
Environmental Protection Division (EPD), on June 8, 2022, and on June
6, 2023. Georgia's June 8, 2022, SIP revision (hereinafter referred to
as Georgia's 2022 I/M SIP revision) removes obsolete references and
provisions; updates the State's inspection and maintenance (I/M)
requirements; updates terminology, in part to reflect advances in test
and vehicle technology; and makes other minor changes. The June 6,
2023, SIP revision (hereinafter referred to as Georgia's 2023 I/M SIP
revision) removes outdated terminology; updates with new terminology;
removes one requirement; and makes other minor changes to Georgia's
enhanced I/M program. EPA is approving these changes pursuant to the
Clean Air Act (CAA or Act).

DATES: This rule is effective March 11, 2024.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0630. All documents in the docket
are listed on the 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 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: Weston Freund, 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) 562-8773. Mr. Freund can also be reached via electronic mail at
freund.weston@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

In 1991, EPA classified a 13-county area in and around the Atlanta,
Georgia, metropolitan area as a serious ozone nonattainment area for
the 1979 1-hour ozone national ambient air quality standards (NAAQS or
standard), triggering the requirement for the State to establish an
enhanced I/M program for the area.\1\ In 1996, Georgia submitted its
enhanced I/M program to EPA for incorporation into the SIP. EPA granted
interim approval of the State's program in 1997 and full approval in
2000. See 62 FR 42916 (August 11, 1997) and 65 FR 4133 (January 26,
2000), respectively.
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\1\ On November 6, 1991, EPA designated and classified the
following counties in and around the Atlanta, Georgia, metropolitan
area as a serious ozone nonattainment area for the 1-hour ozone
NAAQS: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale. See 56 FR
56694.
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On June 8, 2022, and June 6, 2023, Georgia submitted SIP revisions
seeking to amend various I/M regulations in Chapter 391-3-20--Enhanced
Inspection and Maintenance, of Georgia's SIP. In this rulemaking, EPA
is approving changes to Rules 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-.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-.22--Enforcement. EPA is approving
these revisions because these changes will not interfere with any
applicable requirement concerning attainment and reasonable further
progress, or any other applicable CAA requirement.\2\
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\2\ See CAA section 110(l).
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In a notice of proposed rulemaking (NPRM), published on December
21, 2023 (88 FR 88310), EPA proposed to approve the June 8, 2022, and
June 6, 2023, SIP submissions. The details of Georgia's submissions,
which remove obsolete references and provisions; update the State's I/M
requirements; update and remove outdated terminology; remove a
requirement; and makes other minor changes to Georgia's enhanced I/M
program of the Georgia SIP, as well as EPA's rationale for approve the
changes, are described in the December 21, 2023, NPRM. Comments on the
December 21, 2023, NPRM were due on or before January 22, 2024. No
comments were received on the NPRM, adverse or otherwise.

II. Incorporation by Reference

In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as discussed in Section I of this preamble, EPA is finalizing
the incorporation by reference of Georgia Rule 391-3-20-.09--Inspection
Station Requirements; Rule 391-3-20-.10--Certificates of Authorization;
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-.22--Enforcement, all of which have a state-effective date of
April 19, 2022, into the Georgia SIP. Further, EPA is finalizing the
incorporation by reference of Georgia 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,
and Rule 391-3-20-.11--Inspector Qualifications and Certification, all
of which have a state-effective date of March 21, 2023, into the
Georgia SIP. 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, the revised materials as stated above, 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.\3\
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\3\ 62 FR 27968 (May 22, 1997).
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III. Final Actions

EPA is approving the aforementioned changes to various I/M
regulations in Chapter 391-3-20--Enhanced Inspection and Maintenance,
of the Georgia SIP. Specifically, EPA is finalizing the approval of the
June 8, 2022, and June 6, 2023, SIP revisions which amends Georgia
Rules 391-3-20-.01--Definitions; Rule 391-3-20-.03, Covered Vehicles;
Exemptions; Rule

[[Page 8998]]

391-3-20-.04--Emission Inspection Procedures; Rule 391-3-20-.05--
Emission Standards; 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-.22--
Enforcement.

VI. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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. Accordingly, these
actions merely approve state law as meeting Federal requirements and do
not impose additional requirements beyond those imposed by state law.
For that reason, these actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because they approve a state program;
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Are 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.
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 proposed 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).
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.''
EPD did not evaluate EJ considerations as part of its SIP
submittals; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in these actions. Due to the nature of
the actions being taken here, these actions are expected to have a
neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of these actions, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
These actions are subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. These actions are 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 these actions must be filed in the United States
Court of Appeals for the appropriate circuit by April 9, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of these actions 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. These actions 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, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

Dated: February 2, 2024.
Jeaneanne Gettle,
Acting 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.

Subpart L--Georgia

0
2. In Sec. 52.570(c), amend Table (1) by revising the entries for
``Rule 391-3-20-.01,'' ``Rule 391-3-20-.03,'' ``Rule 391-3-20-.04,''
``Rule 391-3-20-.05,'' ``Rule 391-3-20-.09,'' ``Rule 391-3-20-.10,''
``Rule 391-3-20-.11,'' ``Rule 391-3-20-.13,'' ``Rule 391-3-20-.15,''
``Rule 391-3-20-.17,'' and ``Rule 391-3-20-.22.''
The amendments read as follows:

Sec. 52.570 Identification of plan.

* * * * *
(c) * * *

[[Page 8999]]

Table 1 to Paragraph (c)--EPA-Approved Georgia Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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* * * * * * *
391-3-20........................ Enhanced Inspection and Maintenance
391-3-20-.01.................... Definitions........ 3/21/2023 2/9/2024, [Insert .......................
citation of
publication].

* * * * * * *
391-3-20-.03.................... Covered Vehicles; 3/21/2023 2/9/2024, [Insert .......................
Exemptions. citation of
publication].
391-3-20-.04.................... Emission Inspection 3/21/2023 2/9/2024, [Insert .......................
Procedures. citation of
publication].
391-3-20-.05.................... Emission Standards. 3/21/2023 2/9/2024, [Insert .......................
citation of
publication].

* * * * * * *
391-3-20-.09.................... Inspection Station 4/19/2022 2/9/2024, [Insert .......................
Requirements. citation of
publication].
391-3-20-.10.................... Certificates of 4/19/2022 2/9/2024, [Insert .......................
Authorization. citation of
publication].
391-3-20-.11.................... Inspector 3/21/2023 2/9/2024, [Insert .......................
Qualifications and citation of
Certification. publication].

* * * * * * *
391-3-20-.13.................... Certificate of 4/19/2022 2/9/2024, [Insert .......................
Emission citation of
Inspection. publication].
391-3-20-.15.................... Repairs and Retests 4/19/2022 2/9/2024, [Insert .......................
citation of
publication].

* * * * * * *
391-3-20-.17.................... Waivers............ 4/19/2022 2/9/2024, [Insert .......................
citation of
publication].

* * * * * * *
391-3-20-.22.................... Enforcement........ 4/19/2022 2/9/2024, [Insert .......................
citation of
publication].
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[FR Doc. 2024-02521 Filed 2-8-24; 8:45 am]
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