[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22079-22081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09493]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0116; FRL-9961-44-Region 4]


Air Plan Approval; Georgia: Heavy Duty Diesel Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving changes 
to a State Implementation Plan (SIP) revision submitted by the State of 
Georgia on January 25, 2016, for the purpose of removing the 
requirements for heavy duty diesel engines (HDDE), which bar the sale/
lease or import in the State of Georgia of any new HDDE that were not 
certified by the California Air Resources Board (CARB) to meet the 
emission standards of the California HDDE rules. The removal of this 
rule will prevent regulatory confusion and make it clear that the more 
stringent EPA emission standards for HDDE are applicable. EPA is 
approving this SIP revision because the State has demonstrated that it 
is consistent with the Clean Air Act (CAA or Act).

DATES: This direct final rule is effective July 11, 2017 without 
further notice, unless EPA receives adverse comment by June 12, 2017. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0116 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the Web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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. The telephone number is (404) 562-9222, Ms. Sheckler can 
also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The federal Clean Air Act (CAA) establishes the framework for 
controlling mobile-source emissions in the United States. During the 
development of the CAA in 1967, Congress recognized that the imposition 
of many different state standards could result in inefficiencies in 
vehicle markets. Therefore, state-established emissions standards were 
preempted by federal emissions standards in what is now section 209 of 
the CAA. A special exemption to this federal preemption was made in 
section 209 for California because of the state's special air quality 
problems and pioneering efforts in the control of air pollutants. This 
exemption, still in existence, gives the State of California the 
authority to set on-road vehicle standards that differ from the federal 
standards as long as they are as protective in the aggregate as federal 
standards. Later amendments to section 209 granted California the 
authority to set emissions standards and regulations for some nonroad 
engines, and section 177 was added to allow other states to adopt 
California standards. See CAA section 209(b), 42 U.S.C. 7543(b). 
Section 177 of the CAA allows other states to adopt standards and test 
procedures identical to California's. However, regardless of whether a 
manufacturer receives CARB approval, all new motor vehicles and engines 
must still receive certification from EPA before the vehicle is 
introduced into commerce. If a state adopts CARB standards in lieu of 
the federal standards and then later removes the requirement for the 
CARB standards, the Federal CAA vehicle standards will apply in that 
state.
    In 1994, the CARB approved a plan that called for emission 
standards for highway heavy-duty diesel vehicles beginning in 2004. In 
June of 1995, CARB, EPA, and the manufacturers of heavy-duty vehicle 
engines signed a statement of principles (SOP) calling for the 
harmonization of CARB and EPA heavy-duty vehicle regulations.
    In 1998, the federal government and seven HDDE manufacturers 
entered into consent decrees as a result of enforcement actions that 
were brought against the manufacturers because a majority of the diesel 
engine manufacturers had programmed their engines to defeat federal 
test procedures (FTP) through the use of a ``defeat device.'' As a part 
of the consent decree, the majority of the settling manufacturers 
agreed to produce by October 1, 2002, engines that would meet 
supplemental test procedures including the Not-To-Exceed (NTE) test and 
the EURO III European Stationary Cycle (ESC) test. These requirements 
were to be met for a period of two years.
    Recognizing the effectiveness of the supplemental tests, EPA 
published a notice of proposed rulemaking on October 29, 1999, see 64 
FR 58472,

[[Page 22080]]

proposing to adopt the supplemental standards and test procedures for 
2004 and subsequent model-year HDDEs. However, because of statutory and 
legal timing constraints, the NTE and ESC standards and test procedures 
were not to be required until the 2007 model year. Therefore, once the 
consent decree requirements would expire in 2004, diesel engine 
manufacturers would no longer be obligated to comply with the 
supplemental test procedures in 2005 and would be able to forgo the 
supplemental testing until the 2007 model year, when the federal rules 
came into effect. In anticipation of this regulatory gap, on December 
8, 2000, California finalized a rule under section 1956.8 of the 
California Code of Regulations requiring HDDE manufacturers to perform 
the NTE and the ESC supplemental test procedures in addition to the 
existing FTP.
    On October 6, 2000, EPA's final rule on the Control of Emissions of 
Air Pollution from 2004 and Later Model Year Heavy-Duty Highway Engines 
and Vehicles; Revision of Light-Duty On-Board Diagnostics Requirements 
was issued. See 65 FR 59896. However, as explained above, it did not 
include the NTE standards for model years 2005 and 2006.
    On December 28, 2001, Georgia submitted a SIP revision which 
contained Rule 391-3-1-.02(2)(ooo) ``Heavy Duty Diesel Engine 
Requirements.'' The Georgia Heavy-Duty Diesel Engine Requirements Rule 
adopted and incorporated by reference the exhaust emission standards 
(and associated performance test procedures) for model year 2005 and 
subsequent model year heavy-duty diesel engines. The Rule required that 
any new on-road heavy-duty diesel vehicle or engine sold, leased, 
rented, imported or delivered in the state must have a CARB Executive 
Order (a vehicle certification issued by CARB to vehicle 
manufacturers). This requirement was also imposed on any new on-road 
heavy-duty diesel vehicle or engine leased, purchased, acquired, or 
received or offered for sale, lease or rent. The Heavy-Duty Diesel 
Engine Requirements Rule required any ``person'' who imports, sells, 
delivers, leases, or rents an engine or motor vehicle that is subject 
to the rule to retain records concerning the transaction for at least 3 
years following the transaction and to submit annually a report 
documenting the total sales and/or leases of engines and motor vehicles 
for each engine family over the calendar year in Georgia. The 
requirement that new on-road heavy-duty diesel vehicles or engines must 
have a CARB Executive Order began with the 2005 model year. This rule 
incorporated the December 8, 2000, requirements of CARB for heavy duty 
diesel engines into the Georgia SIP for the purpose of avoiding 
possible ``backsliding'' in a former severe nonattainment area and 
potential significant increases in diesel exhaust emissions because of 
the lack of these procedures in federal regulations for the model years 
2005 and 2006. EPA approved Georgia SIP revision on July 11, 2002. See 
67 FR 45909.
    Subsequently, EPA addressed the NTE standards for model years 2005 
and 2006 by proposing a new rule on June 21, 2004, that included a two-
phase NTE testing scheme for all pollutants. See 69 FR 34326. The final 
rule adopting these requirements for 2005 and newer model-year HDDE and 
heavy-duty on-highway vehicles was published in the Federal Register on 
June 14, 2005. See 70 FR 34594. When EPA finalized its rule adopting 
test requirements for 2005 and newer models, the regulatory gap that 
prompted Georgia's adoption of the CARB standards was eliminated.

II. Analysis of State's Submittal

    On January 25, 2016, Georgia submitted to EPA a SIP revision to 
remove from the SIP the version of Georgia Rule 391-3-1-.02(2)(ooo)--
Heavy Duty Diesel Requirements, that was approved into the Georgia SIP 
on July 11, 2002. Georgia requested removal of the California standards 
approved into its SIP because the new federal standard requires the 
manufacturers to meet emission limits that are equivalent to the 
California standards. The Federal CAA standards for vehicles and fuel 
will replace the CARB standards and will, in the absence of the 
incorporated CARB standards, apply in Georgia. The removal of this rule 
will prevent regulatory confusion and will clarify that the more 
stringent EPA emission standards for HDDE are applicable. The removal 
of Georgia Rule 391-3-1-.02(2)(ooo) will not interfere with attainment 
or reasonable further progress, or any other applicable requirement of 
the Act because the federal standards are applicable.

III. Final Action

    EPA is taking final action to approve the SIP revision submitted by 
Georgia on January 25, 2016, to remove Georgia Rule 391-3-1-.02(2)(ooo) 
Heavy Duty Diesel Engine Requirements from the Georgia SIP. EPA has 
determined that Georgia's January 25, 2016, SIP revision is consistent 
with the CAA.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective July 11, 2017 
without further notice unless the Agency receives adverse comments by 
June 12, 2017.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on July 11, 2017 and no 
further action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

    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. 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 Order 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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

[[Page 22081]]

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).
    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 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 July 11, 2017. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: March 15, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 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 L--Georgia


Sec.  52.570  [Amended]

0
2. Amend Sec.  52.570(c) by removing the entry for ``391-3-
1-.02(2)(ooo).''

[FR Doc. 2017-09493 Filed 5-11-17; 8:45 am]
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