[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57834-57836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20421]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0342; FRL-9971-02-R4]


Air Plan Approval; Georgia; Revision of Enhanced Inspection and 
Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving changes 
to State Implementation Plan (SIP) revisions submitted by the State of 
Georgia, through the Georgia Department of Natural Resources (GA DNR), 
Environmental Protection Division (GA EPD), in a letter dated April 30, 
2021. The revisions remove obsolete references and provisions, clarify 
the State's inspection and maintenance (I/M) requirements, and update 
terminology, in part to reflect advances in test and vehicle 
technology. EPA evaluated the SIP revisions and determined the changes 
will not impact emissions under the Georgia I/M program. EPA also 
determined that approval of the SIP revisions 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 April 30, 2021, 
SIP revisions as consistent with the applicable provisions of the CAA.

DATES: This rule is effective October 24, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0342. 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. Kelly Sheckler can also be reached via electronic 
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving changes to the Georgia SIP that were provided to 
EPA under a cover letter dated April 30, 2021.\1\ Specifically, GA EPD 
submitted 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 April 13, 2021. 
The changes update the Georgia SIP to remove obsolete references, 
requirements, and terminology, and update terminology to reflect 
advances in technology. These proposed changes include 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 May 4, 2021.
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    Georgia's April 30, 2021, SIP revisions sought to modify the 
following sections of the Georgia's SIP-approved I/M Regulation: Rule 
391-3-20-.01--``Definitions''; Rule 391-3-20-.04--``Emission Inspection 
Procedures''; Rule 391-3-20-.05--``Emission Standards''; Rule 391-3-
20-.07--``Inspection Equipment System Specifications''; Rule 391-3-
20-.09--``Inspection Station

[[Page 57835]]

Requirements''; and Rule 391-3-20-.11--``Inspector Qualifications and 
Certification.''
    On July 11, 2022, EPA published a notice of proposed rulemaking 
(NPRM) to propose approval of the aforementioned changes to Georgia's 
SIP. See 87 FR 41080. EPA's July 11, 2022, NPRM includes further detail 
on the changes made in Georgia's April 30, 2021, submittal as well as 
EPA's rationale for approving these changes to the SIP. Comments were 
due on the July 11, 2022, NPRM on or before August 10, 2022, and EPA 
received no comments on that proposal. Therefore, EPA is approving the 
changes in this final action.

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 Rules 391-3-20-.01--
Definitions; 391-3-20-.04--Emission Inspection Procedures; 391-3-
20-.05--Emission Standards; 391-3-20-.07--Inspection Equipment System 
Specifications; 391-3-20-.09--Inspection Station Requirements; and 391-
3-20-.11--Inspector Qualifications and Certification, all of which have 
an effective date of April 13, 2021, 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.\2\
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    \2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action approving changes to the Georgia SIP 
that were provided to EPA in a cover letter dated April 30, 2021. GA 
EPD submitted 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 April 13, 2021. 
Specifically, Georgia's April 30, 2021, SIP revisions modify the 
following sections of the Georgia's SIP-approved I/M Regulation: Rule 
391-3-20-.01--Definitions; Rule 391-3-20-.04 --Emission Inspection 
Procedures; Rule 391-3-20-.05--Emission Standards; Rule 391-3-20-.07--
Inspection Equipment System Specifications; Rule 391-3-20-.09--
Inspection Station Requirements; and Rule 391-3-20-.11--Inspector 
Qualifications and Certification.

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. 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);
     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 November 21, 2022. 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, Incorporation by reference, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: September 15, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as follows:

[[Page 57836]]

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 the table by revising the entries for 
``391-3-20-.01'', ``391-3-20-.04'', ``391-3-20-.05'', ``391-3-20-.07'', 
``391-3-20-.09'', and ``391-3-20-.11,'', 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-.01.....................  Definitions........       4/13/2021  9/22/2022, [Insert   ...................
                                                                         citation of
                                                                         publication].
 
                                                  * * * * * * *
391-3-20-.04.....................  Emission Inspection       4/13/2021  9/22/2022, [Insert   ...................
                                    Procedures.                          citation of
                                                                         publication].
391-3-20-.05.....................  Emission Standards.       4/13/2021  9/22/2022, [Insert   ...................
                                                                         citation of
                                                                         publication].
 
                                                  * * * * * * *
391-3-20-.07.....................  Inspection                4/13/2021  9/22/2022, [Insert   ...................
                                    Equipment System                     citation of
                                    Specifications.                      publication].
 
                                                  * * * * * * *
391-3-20-.09.....................  Inspection Station        4/13/2021  9/22/2022, [Insert   ...................
                                    Requirements.                        citation of
                                                                         publication].
 
                                                  * * * * * * *
391-3-20-.11.....................  Inspector                 4/13/2021  9/22/2022, [Insert   ...................
                                    Qualifications and                   citation of
                                    Certification.                       publication].
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[FR Doc. 2022-20421 Filed 9-21-22; 8:45 am]
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