[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 
[email protected].

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:
0
a. Revising the entry for ``391-3-20''; and
0
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.

* * * * *
    (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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