[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Proposed Rules]
[Pages 88310-88315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28105]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0630; FRL-11582-01-R4]


Air Plan Approval; Georgia; Vehicle Inspection and Maintenance 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions 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2023 I/M SIP revision) removes outdated terminology; updates with new 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 proposing to approve these 
changes pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before January 22, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0630 at 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 www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Weston Freund, 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. The telephone number is 
(404) 562-8773. Mr. Freund can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Below provides the background for EPA's proposed actions on 
Georgia's 2022 and 2023 I/M SIP revisions that were submitted to EPA by 
GA DNR on June 8, 2022, and on June 6, 2023, respectively.
    The CAA requires areas that are designated as moderate, serious, 
severe, or extreme ozone nonattainment areas to establish motor vehicle 
I/M programs to ensure regular monitoring of gasoline fueled motor 
vehicle emissions. See CAA sections 182(b)(4), (c)(3). The required 
monitoring is performed by periodic emissions testing of vehicles. See 
CAA sections 182(a)(2)(B), (c)(3). This emissions testing ensures that 
vehicles are well-maintained and operating as designed and that they do 
not exceed established vehicle pollutant limits. A basic I/M program is 
required for moderate ozone nonattainment areas, and an enhanced I/M 
program is required for serious, severe, or extreme ozone nonattainment 
areas.
    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

[[Page 88311]]

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. Despite that approval, the 13-county 
area failed to attain the 1-hour ozone NAAQS by the November 15, 1999, 
the CAA deadline for serious ozone nonattainment areas. EPA issued a 
final rulemaking action on September 26, 2003 (68 FR 55469), to 
reclassify the area to severe ozone nonattainment. Subsequently, this 
area attained the 1-hour ozone NAAQS and EPA redesignated the area to 
attainment. See 70 FR 34660 (June 15, 2005). In addition, on April 30, 
2004, EPA issued a final rulemaking action (69 FR 23951) to revoke the 
1979 1-hour ozone NAAQS, effective June 15, 2005.
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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 July 18, 1997 (62 FR 38856), EPA established an 8-hour ozone 
NAAQS and subsequently designated areas. On April 30, 2004 (69 FR 
23858), EPA designated a 20-county area in and around metropolitan 
Atlanta as a marginal ozone nonattainment area for the 1997 8-hour 
ozone NAAQS.\2\ EPA reclassified this area as a moderate ozone 
nonattainment area on March 6, 2008 (73 FR 12013), because the area 
failed to attain the 1997 8-hour ozone NAAQS by the required attainment 
date of June 15, 2007. Subsequently, the area attained the 1997 8-hour 
ozone standard, and on December 2, 2013 (78 FR 72040), EPA redesignated 
the area to attainment.
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    \2\ The nonattainment area for the 1997 8-hour ozone standard 
consisted of the following counties: Barrow, Bartow, Carroll, 
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 
Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, 
and Walton.
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    On March 12, 2008, EPA revised the 8-hour ozone NAAQS. See 73 FR 
16436 (March 27, 2008). EPA designated a 15-county area in and around 
metropolitan Atlanta as a marginal ozone nonattainment area for the 
2008 8-hour ozone NAAQS on April 30, 2012 (effective July 20, 2012).\3\ 
See 77 FR 30088 (May 21, 2012). EPA reclassified these counties as a 
moderate ozone nonattainment area on May 4, 2016 (effective June 3, 
2016), because the area failed to attain the 2008 8-hour ozone NAAQS by 
the required attainment date of July 20, 2015. See 81 FR 26697 (May 4, 
2016). Subsequently, the area attained the 2008 8-hour ozone standard 
and EPA redesignated the area to attainment. See 82 FR 25523 (June 2, 
2017).
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    \3\ The nonattainment area for the 2008 8-hour ozone standard 
consisted of the following counties: Bartow, Cherokee, Clayton, 
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, 
Henry, Newton, Paulding, and Rockdale.
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    On October 1, 2015, EPA again revised the 8-hour ozone NAAQS. See 
80 FR 65292 (October 26, 2015). EPA designated a 7-county area in and 
around metropolitan Atlanta as a marginal ozone nonattainment area for 
the 2015 8-hour ozone NAAQS on April 30, 2018 (effective August 3, 
2018).\4\ See 83 FR 25776 (June 4, 2018). Subsequently, the area 
attained the 2015 8-hour ozone standard and EPA redesignated the area 
to attainment. See 87 FR 62733 (October 17, 2022).
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    \4\ The nonattainment area for the 2015 8-hour ozone standard 
consists of the following counties: Bartow, Clayton, Cobb, DeKalb, 
Fulton, Gwinnett, and Henry.
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    EPA is proposing to approve changes to the I/M regulations in 
Chapter 391-3-20--Enhanced Inspection and Maintenance of Georgia's SIP 
that were provided to EPA through a cover letter dated June 8, 2022. 
Specifically, Georgia's 2022 I/M SIP revision seeks to update 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-.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.
    Further, EPA is proposing to approve additional changes to 
Georgia's I/M regulations that were provided to EPA through a cover 
letter dated June 6, 2023. Specifically, Georgia's 2023 I/M SIP 
revision seeks to update 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.
    Collectively, the proposed changes remove obsolete references and 
provisions, update Georgia's I/M requirements, update terminology, 
correct punctuation, and make other minor changes to Georgia's SIP-
approved I/M requirements. EPA is proposing to find that the changes 
submitted by Georgia will not interfere with any applicable requirement 
concerning attainment and reasonable further progress, or any other 
applicable CAA requirement.\5\ Thus, EPA is proposing to approve the 
changes to Georgia's SIP as submitted in Georgia's 2022 and 2023 I/M 
SIP revisions. Section III, below, provides a summary of these changes 
and EPA's analysis.
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    \5\ See CAA section 110(l).
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II. EPA's Analysis of Georgia's Submittals

A. Rule 391-3-20-.01, ``Definitions''

    Both Georgia's 2022 and 2023 I/M SIP revisions update Rule 391-3-
20-.01, Definitions. Georgia's 2022 I/M SIP revision makes a minor 
change to one definition. Georgia's 2023 I/M SIP revision makes further 
changes to Rule 391-3-20-.01 by adding a definition, removing two 
definitions, revising one definition, making minor grammatical changes 
in three definitions, and then renumbering the section to reflect these 
changes.
    Georgia's 2022 I/M SIP revision updates the definition for 
``Emission Inspection'' in Rule 391-3-20-.01. The revision changes the 
order of tests and inspections listed in the definition. Specifically, 
the ``on-board diagnostic system check'' test is moved to the beginning 
of listed tests and inspections, and the ``exhaust emissions test'' is 
moved to the end of the list. The purpose of this change is to 
highlight the more current widespread use of OBD as the primary method 
used for emission tests. Since this minor update does not change any 
applicable limits or requirements, it will have no impact on emissions 
and is consistent with CAA requirements.
    Georgia's 2023 I/M SIP revision further updates Rule 391-3-20-.01 
by adding a definition, removing two definitions, revising one 
definition, making minor grammatical changes in three definitions, and 
then renumbering the section to reflect these changes. First, the 
revision adds a definition for ``Biometrics.'' The revision adds this 
definition to reflect another method of identification that can be used 
by an inspector to initiate an inspection. Specifically, inspectors 
will now be able to use their own biometric login in lieu of using 
their personal access code to perform and record any inspections. 
Second, the revision removes the definitions ``Grandfathered Vehicle'' 
and ``Gray Market Vehicle'' since both are encompassed in the newly 
revised definition of ``Non-conforming Vehicle.'' The new definition 
for ``Non-conforming Vehicle'' applies to those vehicles that have not 
obtained an EPA certification or ones that have an emissions control 
component that is obsolete according to the manufacturer. Further, the 
revision to this definition adds that vehicles that qualify as non-
conforming ``would be subject to an alternative tail pipe emissions 
standard

[[Page 88312]]

based upon its model year to obtain a vehicle registration in the 
Georgia covered counties.'' Since neither grandfathered vehicles nor 
gray market vehicles have EPA certification, both types of vehicles 
fall under the new definition for ``Non-conforming Vehicle,'' so 
removal of ``Grandfathered Vehicle'' and ``Gray Market Vehicle'' from 
the SIP does not result in any changes. Subsequent subparagraphs are 
being renumbered to reflect these changes. Third, the revision makes 
stylistic changes to the definitions of ``Light Duty Truck,'' and 
``Light Duty Vehicle,'' by adding commas to numbers to aid with their 
readability. Finally, the revision corrects a grammatical mistake in 
the definition for ``Time Extension'' by removing an unnecessary 
period. Given the nature of these changes, they have no impact on 
emissions and are consistent with CAA requirements.

B. Rule 391-3-20-.03, ``Covered Vehicles; Exemptions''

    Georgia's 2023 I/M SIP revision updates Rule 391-3-20-.03, Covered 
Vehicles; Exemptions, by removing outdated terminology, removing one 
requirement, making one stylistic change, and one minor grammatical 
change. First, the revision updates paragraph 391-3-20-.03(8) by 
removing the first sentence which states that ``Provisions for 
grandfathered vehicles, i.e., gray market vehicles, kit cars, hot rods, 
and non-conforming vehicles are described in this subparagraph'' and by 
removing the term ``gray market'' from the second sentence. Neither kit 
cars nor hot rod vehicles have EPA certification, so both vehicles fall 
under the new definition for ``Non-conforming Vehicle'' in addition to 
those vehicles that were previously considered grandfathered or gray 
market. Second, the revision removes the last sentence of the paragraph 
which states that kit cars and hot rods which are newly registered in 
the counties subject to I/M after December 31, 1998, are not eligible 
for special inspection standards. According to GA EPD, it has granted 
non-conforming status to 91 kit cars and hot rods since 2007.\6\ As a 
result of the proposed change to the last sentence of 391-3-20-.03(8), 
these 91 vehicles would now be eligible for a special inspection 
standard. Further, GA EPD stated that 3.3 million emission inspection 
tests were performed in 2022 alone. Given this proportionality, to the 
extent that kit cars and hot rods are now eligible for a special 
inspection standard, EPA does not believe that this change would 
interfere with any applicable requirement concerning attainment or any 
other applicable CAA requirement. Third, the revision makes a stylistic 
change to subparagraph 391-3-20-.03(1)(b), adding a comma to ease with 
the readability of a number. Finally, the revision updates paragraph 
391-3-20-.03(3) with a grammatical correction by removing a comma. 
Given the nature of these changes, EPA is proposing to find that they 
are consistent with CAA requirements, including 110(l).
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    \6\ See email from Anna Aponte, GA EPD, to Josue Ortiz Borrero, 
EPA Region 4 (November 16, 2023), available in the docket for this 
proposed rulemaking.
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C. Rule 391-3-20-.04, ``Emission Inspection Procedures''

    Both Georgia's 2022 and 2023 I/M SIP revisions update Rule 391-3-
20-.04, Emission Inspection Procedures. Georgia's 2022 I/M SIP revision 
removes obsolete language related to an outdated testing requirement. 
Georgia's 2023 I/M SIP revision further changes Rule 391-3-20-.04 by 
updating terminology.
    Georgia's 2022 I/M SIP revision updates Rule 391-3-20-.04, Emission 
Inspection Procedures, by removing obsolete language related to an 
outdated testing requirement. Specifically, the revision updates 
paragraph 391-3-20-.04(1) by removing a requirement that an emission 
inspector check whether a vehicle has ``tires with cords exposed'' 
prior to inspecting it. The outdated Acceleration Simulation Mode (ASM) 
inspection test was performed on a dynamometer, so the inspector was 
required to look for any tires with cords exposed because they could 
pose a safety risk during the test. The ASM test was removed as an 
inspection test from the Georgia SIP in 2022 because all vehicles 
covered under the Georgia I/M program could be inspected using the OBD 
inspection or TSI test instead. See 87 FR 41080 (July 11, 2022). Since 
the ASM test is no longer part of Georgia's I/M program, this change 
has no impact on emissions and is consistent with CAA requirements.
    Georgia's 2023 I/M SIP revision further updates Rule 391-3-20-.04, 
Emission Inspection Procedures, by updating terminology in a 
subparagraph. Specifically, the term ``non-conforming'' replaces the 
term ``grandfathered'' to describe vehicles subject to the emission 
inspection procedures in subparagraph 391-3-20-.04(2)(c) and its 
corresponding subsections. This subparagraph and its corresponding 
subsections outline emission inspection procedures for non-conforming 
vehicles. As mentioned in subsection III.A of this document, the 
definition for ``Grandfathered Vehicle'' has been removed from the 
enhanced I/M rules, and instead, the newly revised definition for 
``Non-conforming Vehicle'' covers these vehicles as well as others. 
Given the nature of these changes, they have no impact on emissions and 
are consistent with CAA requirements.

D. Rule 391-3-20-.05, ``Emission Standards''

    Both Georgia's 2022 and 2023 I/M SIP revisions update Rule 391-3-
20-.05, Emission Standards. Georgia's 2022 I/M SIP revision makes one 
language change and reorders subparagraphs to reflect technological 
advances in testing. Georgia's 2023 I/M SIP revision further changes 
Rule 391-3-20-.05 by updating terminology to be consistent with new 
definitions the EPA is acting on in this notice.
    Georgia's 2022 I/M SIP revision updates Rule 391-3-20-.04, Emission 
Inspection Procedures, by making one language change and reordering 
subparagraphs to reflect the more widespread use of OBD testing. First, 
the revision updates paragraph 391-3-20-.05(2) to change the order of a 
list of inspection tests a vehicle subject to the I/M program must 
pass. Specifically, the OBD test is moved to the beginning of listed 
inspection tests, and the exhaust emissions test is moved to the end of 
the list. This change reflects the current, wider-spread use of the OBD 
test for inspection of motor vehicles as compared to exhaust emissions 
tests. Second, the revision changes the order of the exhaust emission 
testing requirements and OBD testing requirements, which were 
previously outlined in subparagraphs 391-3-20-.05(2)(b) and 391-3-
20.05(2)(d), respectively. The revision switches the order of these 
testing requirements so now the OBD testing requirements are housed in 
subparagraph 391-3-20-.05(2)(b) and the requirements for exhaust 
emissions tests are in subparagraph 391-3-20-.05(2)(d). This change has 
also been made to reflect the wider-spread use of OBD tests as compared 
to exhaust emissions tests for motor vehicles subject to the Georgia I/
M program. Given the nature of these changes, they have no impact on 
emissions and are consistent with CAA requirements.
    Georgia's 2023 I/M SIP revision updates Rule 391-3-20-.05, Emission 
Standards, by removing references to hot rods in one subparagraph, and 
references to gray market vehicles and grandfathered vehicles in 
another subparagraph, replacing them all with references to ``non-
conforming'' vehicles. First, in subparagraph 391-3-

[[Page 88313]]

20-.05(2)(a)4., the revision replaces the term ``hot rod'' with ``non-
conforming'' in describing vehicles that shall pass the tampering 
inspection if either the original vehicle or the replacement engine was 
equipped with a catalytic converter and a catalytic converter has been 
installed. Since the new definition for non-conforming vehicle covers 
hot rods as well as certain other vehicle types, the applicability of 
this subparagraph expands, thus making it more stringent. Second, in 
subparagraph 391-3-20-.05(2)(d)2., references to ``gray market'' 
vehicles and ``grandfathered'' vehicles are removed. The result of this 
change is that the new rule describes when a vehicle defined as non-
conforming is considered to have passed an exhaust emissions test. 
Since the new definition for non-conforming covers all gray market 
vehicles and grandfathered vehicles, the applicability of the 
subparagraph has not changed. Given the nature of these changes, they 
have no impact on emissions and are consistent with CAA requirements.

E. Rule 391-3-20-.09, ``Inspection Station Requirements''

    Georgia's 2022 I/M SIP revision updates Rule 391-3-20-.09, 
Inspection Station Requirements, by removing outdated language, making 
one stylistic change, removing unnecessary language, and adding 
clarifying language. First, the revision removes outdated language from 
subparagraph 391-3-20-.09(2)(g) that requires the air intakes on both 
the Georgia Analyzer System (GAS) and the vehicle being inspected to be 
exposed to the same ambient temperature, pressure, and humidity 
conditions throughout an inspection. The outdated ASM test was 
sensitive to changes in temperature, pressure, and humidity during 
inspection, whereas the OBD and TSI tests are not. Since the ASM test 
is no longer part of the Georgia I/M program, the removal of this 
language will not impact emissions. In subparagraph 391-3-20-.09(2)(i), 
the revision makes some minor changes to several of its corresponding 
subsections. First, in subsection 391-3-20-.09(2)(i)(3) of the rule, 
the revision makes a stylistic, word choice change by replacing the 
phrase ``tie into'' with ``connect to'' in describing a secure internet 
connection that should connect GAS to each Vehicle Information Database 
(VID). Next, in subsection 391-3-20-.09(2)(i)(7) of the rule, the 
phrase ``capable of performing OBD system checks'' is deleted because 
all inspection stations are now required to be capable of performing 
OBD system checks, making the language redundant. Previously, Georgia 
had stations that that only tested older cars which did not have OBD 
systems, so this language was necessary. Finally, in subsection 391-3-
20-.09(2)(i)(8), language is added indicating that a station owner will 
receive the currently applicable version of the Emissions Inspector 
Certification Training Program Manual during the inspector 
certification. Given the nature of these changes, they have no impact 
on emissions and are consistent with CAA requirements.

F. Rule 391-3-20-.10, ``Certificates of Authorization''

    Georgia's 2022 I/M SIP revision updates Rule 391-3-20-.10, 
Certificates of Authorization, by adding a new requirement. 
Specifically, the added language now requires station owners who intend 
to renew their Certificate of Authorization to operate an inspection 
station to apply for renewal at least 30 days prior to the expiration 
date of the existing certification. Previously, the language said that 
station owners ``may apply'' but this is now updated to say that they 
``must apply'' at least 30 days prior to the expiration of the existing 
certificate. Additionally, the revision clarifies that this 
subparagraph requiring a renewal application refers to ``station owners 
intending to renew their certificate.'' This is simply clarifying 
language as the subparagraph already applied to owners who were seeking 
renewal of their Certificate of Authorization. Given the nature of 
these changes, they have no impact on emissions and are consistent with 
CAA requirements.

G. Rule 391-3-20-.11, ``Inspector Qualifications and Certification''

    Both Georgia's 2022 and 2023 I/M SIP revisions update Rule 391-3-
20-.11, Inspector Qualifications and Certification. Georgia's 2022 I/M 
SIP revision adds clarifying language and makes some minor word choice 
changes. Georgia's 2023 I/M SIP revision further changes Rule 391-3-
20-.11 by updating language to reflect advances in technology, to 
include some new requirements, and to make one minor grammatical 
change.
    Georgia's 2022 I/M SIP revision updates Rule 391-3-20-.11, 
Inspector Qualifications and Certification, to add clarifying language 
in several places and to make some word choice changes. First, in 
subparagraph 391-3-20-.11(5)(a), the revision adds language to clarify 
that the requirement for a complete application for renewal to be 
submitted at least 30 calendar days prior to the expiration of the 
existing certificate applies to inspectors ``intending to renew their 
certificate.'' This new language does not add any new requirements, but 
better describes who the requirement applies to. Another clarifying 
change is made in paragraph 391-3-20-.11(6) to specify that inspectors 
must have the picture on their GA EPD-issued ID clearly visible on the 
inspector's upper body area when performing an emissions inspection. 
Previously, the language indicated only that the ID itself must be 
visible on the inspector's upper body area, so this change simply 
clarifies that the inspector's picture must be visible in this 
location. Finally, one last clarifying change is made to paragraph 391-
3-20-.11(9), where the revision adds the word ``unauthorized'' to 
clarify who may not use a certified emission inspector's personal 
access code to perform any part of an emissions inspection. Previously, 
the paragraph read that no person should use the access code; however, 
this was not the purpose of the rule as the certified emission 
inspector should always be able to use their personal access code to 
perform any part of an emission inspection. This clarifying change 
eliminates the confusion previously caused by this paragraph. Finally, 
the revision makes several word choice changes. First, in several parts 
of the rule, the revision replaces the word ``card'' with ``badge,'' in 
describing the picture ID. Second, the revision removes the word 
``location'' from the phrase ``visible location'' in paragraph 391-3-
20-.11(6). The phrase required that an emission inspector have their ID 
badge clearly visible on the inspector's upper body area, so the 
removal of the word ``location'' does not change the meaning of the 
requirement. This removal is a minor change that constitutes a change 
in word choice. Given the nature of these changes, they have no impact 
on emissions and are consistent with CAA requirements.
    Georgia's 2023 I/M SIP revision further updates Rule 391-3-20-.11 
by adding language to reflect the use of biometric identification to 
initiate an inspection, to include some new requirements, and to make 
one minor grammatical change. First, paragraph 391-3-20-.11(8) is 
revised to require inspectors to notify the Management Contractor of a 
change to telephone or email address contact information after applying 
for and receiving a Certificate of Authorization. Previously, 
inspectors only needed to notify the Management Contractor of a change 
of address. Second, the revision revises paragraphs 391-3-20-.11(9) and 
.11(10) to reflect that, in addition to using a personal access code, 
inspectors may also use a

[[Page 88314]]

biometric login to perform parts of the inspection. Further, the 
revision forbids inspectors from divulging or authorizing the use of 
their own biometric login to any other person. This change reflects the 
new use of biometric logins during inspections described in section 
III.A of this notice. Finally, the revision makes one grammatical 
change to paragraph 391-3-20-.11(7) by removing a comma. Given the 
nature of these changes, they have no impact on emissions and are 
consistent with CAA requirements.

H. Rule 391-3-20-.13, ``Certificate of Emission Inspection''

    Georgia's 2022 I/M SIP revision updates Rule 391-3-20-.13, 
Certificate of Emission Inspection, with two minor changes. First, the 
revision revises subparagraph 391-3-20-.13(1)(i), which specifies that 
inspection results for applicable inspection tests must be included in 
a Certificate of Emission Inspection. The change rearranges the order 
of applicable inspection tests to place OBD testing first. This change 
is made to reflect the wider-spread use of the OBD test as compared to 
exhaust emission tests. The second minor change updates subparagraph 
391-3-20-.13(2)(c), which requires that inspectors provide vehicle 
owners who have failed an emission inspection with the current, 
quarterly RepairWatch Public Report. This report identifies repair 
facilities. The change adds the phrase ``access to'' at the beginning 
of the subparagraph to specify that the inspector must provide owners 
of vehicles that have failed inspection emission tests with access to 
the current, quarterly reports. This change is simply clarifying in 
nature. Given the nature of these changes, they have no impact on 
emissions and are consistent with CAA requirements.

I. Rule 391-3-20-.15, ``Repairs and Retests''

    Georgia's 2022 I/M SIP revision amends Rule 391-3-20-.15, Repairs 
and Retests, by removing one outdated requirement. Specifically, in 
paragraph 391-3-20-.15(4), ``NOX'' is deleted from the list 
of pollutants for which a vehicle must pass an exhaust test upon 
reinspection. Usable NOX emission information only came with 
an ASM test since NOX was released from the motor vehicle 
when it was under load (i.e., while using the dynamometer). Although a 
motor vehicle still may still release NOX emissions during a 
TSI test, the emissions are much lower since it is performed at idle. 
This NOX information is unusable to make any determination 
as to whether a vehicle is adequately preventing the release of 
NOX. Since the ASM test was removed in a previous SIP 
revision, and because none of the applicable exhaust emissions tests 
would provide useable NOX emission information, this 
requirement is obsolete. Since the ASM test is not part of Georgia's I/
M program, the changes to Rule 391-3-20-.15 have no impact on emissions 
and are consistent with CAA requirements.

J. Rule 391-3-20-.17, ``Waivers''

    Georgia's 2022 I/M SIP revision updates Rule 391-3-20-.17, Waivers, 
by deleting obsolete language in one subparagraph and updating language 
in another. First, the revision updates subparagraph 391-3-
20-.17(2)(c), by deleting the phrase ``on preprinted repair forms'' to 
describe how receipts for parts and labor must be submitted for repair 
waivers. Receipts must still be submitted, but they no longer have to 
be submitted on preprinted repair forms. This change does not remove 
any substantive requirement because receipts must still be submitted, 
and the minimum repair form entries have not changed. Second, the 
revision updates subparagraph 391-3-20-.17(2)(f) by adding clarifying 
language specifying that repairs for a waiver shall ``address the OBD 
failure'' or produce a reduction in ``tailpipe'' emissions for the 
pollutant that failed the previous test. Since the applicable tests 
required under the Georgia I/M program are either the OBD inspection 
test or a tailpipe emissions test (i.e., TSI tailpipe emissions test), 
the added language clarifies what repairs should address in the event 
of a failure of an applicable emissions test. Given the nature of these 
changes, they have no impact on emissions and are consistent with CAA 
requirements.

K. Rule 391-3-20-.22, ``Enforcement''

    Georgia's 2022 I/M SIP revision updates Rule 391-3-20-.22, 
Enforcement, with one minor word choice change. Specifically, in 
subparagraph 391-3-20-.22(2)(b), the revision replaces the word 
``card'' with ``badge'' to describe the picture ID that certified 
emissions inspectors use. This better describes the form of ID and adds 
no new requirements. Given the nature of this update, it will have no 
impact on emissions and is consistent with CAA requirements.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 40 CFR 51.5, and as explained in sections I 
and II of this preamble, EPA is proposing to incorporate by reference 
Georgia Rules 391-3-20-.09--Inspection Station Requirements; 391-3-
20-.10--Certificates of Authorization; 391-3-20-.13--Certificate of 
Emission Inspection; 391-3-20-.15--Repairs and Retests; 391-3-20-.17--
Waivers; and 391-3-20-.22-- Enforcement, all of which have a state-
effective date of April 19, 2022, into the Georgia SIP. Further, EPA is 
proposing to incorporate by reference Georgia 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; 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).

IV. Proposed Actions

    EPA is proposing to approve changes to Georgia's SIP-approved I/M 
rules as provided in Georgia's June 8, 2022, and June 6, 2023, SIP 
revisions. These SIP revisions include changes to 391-3-20-.01--
Definitions; 391-3-20-.03, Covered Vehicles; Exemptions; 391-3-20-.04--
Emission Inspection Procedures; 391-3-20-.05--Emission Standards; 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-.13--Certificate of Emission Inspection; 391-3-
20-.15--Repairs and Retests; 391-3-20-.17--Waivers; and 391-3-20-.22--
Enforcement. EPA has made the preliminary determination that these 
changes are consistent with CAA requirements. Thus, EPA is proposing to 
these changes to Georgia's SIP.

V. 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 propose to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, these proposed actions:

[[Page 88315]]

     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 13563 (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 proposed actions. Due to the 
nature of the actions being proposed here, these proposed 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 
proposed 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.

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.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 14, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-28105 Filed 12-20-23; 8:45 am]
BILLING CODE 6560-50-P