
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Rules and Regulations]
[Pages 17128-17131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07032]



[[Page 17128]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0292; FRL-9960-59-Region 4]


Air Plan Approval; Georgia; Inspection and Maintenance Program 
Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve the State Implementation Plan (SIP) revision 
submitted by the State of Georgia, through the Georgia Environmental 
Protection Division (GA EPD) on August 6, 2014, pertaining to rule 
changes for the Georgia Inspection and Maintenance (I/M) program. EPA 
is approving this SIP revision as modified by GA EPD through a December 
1, 2016, partial withdrawal letter. EPA is taking this action because 
the State has demonstrated that the SIP revision is consistent with the 
Clean Air Act (CAA or Act).

DATES: This direct final rule is effective on June 9, 2017 without 
further notice, unless EPA receives relevant adverse comment by May 10, 
2017. If EPA receives such comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0292 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://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Richard Wong, 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. Mr. Wong can be reached via phone at (404) 562-8726 or 
electronic mail at wong.richard@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    The CAA requires certain areas that are designated as moderate, 
serious, severe, or extreme ozone nonattainment areas to establish a 
motor vehicle I/M program to ensure regular monitoring of gasoline 
fueled motor vehicle emissions by requiring that vehicles undergo 
periodic emissions testing. See CAA sections 182(b)(4), (c)(3). This 
emissions testing ensures that vehicles are well maintained and 
operating as designed and do not exceed established vehicle pollutant 
limits. A basic I/M program is required for certain moderate areas and 
an enhanced I/M program is required for certain 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 1990 1-hour ozone National Ambient Air Quality Standards (NAAQS), 
triggering the requirement for the State to establish an enhanced I/M 
program for this 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 August 1997. See 62 FR 42916 (August 
11, 1997). Full approval was granted in the direct final rule published 
in January 2000. See 65 FR 4133 (January 26, 2000). Since that time, 
EPA has approved several SIP revisions regarding the State's I/M 
program.
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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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    In 1997, EPA established an 8-hour ozone NAAQS and subsequently 
designated areas according to their attainment status. On April 30, 
2004, 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\ See 69 FR 23858. EPA reclassified these counties as a 
moderate ozone nonattainment area on March 6, 2008, because the area 
failed to attain the 1997 8-hour ozone NAAQS by the required attainment 
date of June 15, 2007. See 73 FR 12013. Subsequently, the area attained 
the 1997 8-hour ozone standard, and on December 2, 2013, EPA 
redesignated the counties to attainment for the 1997 8-hour ozone 
NAAQS. See 78 FR 72040.
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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 April 11, 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).\4\
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    \3\ The nonattainment area for the 2008 8-hour ozone standard 
consists of the following counties: Bartow, Cherokee, Clayton, Cobb, 
Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, 
Newton, Paulding, and Rockdale.
    \4\ Subsequent to the reclassification of the Atlanta Area, EPA 
determined that the Area has attained the 2008 8-hour ozone NAAQS 
based on 2013-2015 monitoring data. See 81 FR 45419 (July 14, 2016). 
However, an attainment determination is not equivalent to a 
redesignation under CAA section 107(d)(3). The Area will remain 
nonattainment for the 2008 8-hour ozone NAAQS and subject to the 
NNSR requirements for that NAAQS until such time as EPA determines 
that the Area meets the requirements for redesignation to 
attainment. EPA proposed to redesignate the Area in a notice of 
proposed rulemaking published on December 23, 2016 (81 FR 94283).
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II. EPA's Analysis of Georgia's SIP Revision

    In the August 6, 2014, SIP revision, GA EPD requested that EPA take 
action to update the SIP to include changes to the Georgia I/M program. 
The submittal revises several rules within Georgia Rule Chapter 391-3-
20, Enhanced Inspection and Maintenance, for the purpose of providing: 
Clarification, consistency with federal rules, consistency with the 
Georgia Motor Vehicle Inspection and Maintenance Act, and improved 
enforceability. On December 1, 2016, GA EPD submitted a partial 
withdrawal letter withdrawing the proposed revision to Georgia Rule 
391-3-20-.06, ``On Road Testing'', from the SIP revision.

[[Page 17129]]

    The remaining changes in Georgia's August 6, 2014, SIP revision 
after the withdrawal letter pertain to Georgia Rules 391-3-20-.01; 391-
3-20-.03 through 391-3-20-.05; 391-3-20-.07 through 391-3-20-.13; and 
391-3-20-.15 through 391-3-20-.22. Further explanation of these changes 
is provided below and in the SIP revision:
     Rule 391-3-20-.01, ``Definitions,'' is being amended to be 
consistent with revisions to the Inspection and Maintenance Test 
Manual, to remove obsolete language, to include new definitions 
consistent with changes to other Inspection and Maintenance rules, to 
make definitions consistent with EPA definitions, to reference a new 
Test Manual and a new Procedures Manual, and to remove redundant 
language that is currently in the Georgia Motor Vehicle Emissions 
Inspection and Maintenance Act.
     Rule 391-3-20-.03, ``Covered Vehicles; Exemptions,'' is 
being amended to clarify certain provisions, to update terminology to 
be consistent with current emission inspection technology, and to 
update a reference to another State agency.
     Rule 391-3-20-.04, ``Emission Inspection Procedures,'' is 
being amended to provide clarification regarding inspections required 
by the Inspection and Maintenance Act and to update it to current 
terminology.
     Rule 391-3-20-.05, ``Emission Standards,'' is being 
amended to use standard terminology, to remove obsolete language, and 
to add new terminology due to advances in the emission testing 
industry.
     Rule 391-3-20-.07, ``Inspection Equipment System 
Specifications,'' is being amended to update terminology to be 
consistent, use generic terminology, and to clarify the meaning of the 
rule.
     Rule 391-3-20-.08, ``Quality Control and Equipment 
Calibration Procedures,'' is being amended to allow for better 
enforcement of the rules, to update standard terminology, and to remove 
a duplicate section.
     Rule 391-3-20-.09, ``Inspection Station Requirements,'' is 
being amended to provide clarification by using standard terms, to add 
clarifying language, and to remove unnecessary and obsolete language. 
The amendments also change the time frame from five days to three days 
for notifying the management contractor when an inspector leaves 
employment of an inspection station. The clarifications will enhance 
the State's compliance and enforcement capabilities with regard to 
liability insurance.
     Rule 391-3-20-.10, ``Certificates of Authorization,'' is 
being amended to clarify the requirements in this rule, make them 
consistent with current practice, and improve GA EPD's ability to 
properly enforce the inspection and maintenance rules. Among other 
things, the amendments: (1) Add a requirement that renewal certificates 
be submitted at least 30 days prior to expiration to allow sufficient 
time for processing; (2) remove the 10-day time limit for maintaining 
dedicated data transmission lines at a sold station and require data 
lines to be maintained until the close-out audit is complete; and (3) 
clarify that new inspection station owners must obtain a Certificate of 
Authorization prior to operating the station. Subparagraph (7) is being 
removed to improve the State's ability to deny a renewal when there is 
sufficient cause.
     Rule 391-3-20-.11, ``Inspector Qualifications and 
Certification,'' is being amended to clarify the requirements of this 
section by removing obsolete terms, updating language, and adding 
necessary requirements.
     Rule 391-3-20-.12, ``Schedules for Emission Inspections,'' 
is being amended to clarify and update the requirements.
     Rule 391-3-20-.13, ``Certificate of Emission Inspection,'' 
is being amended to update this section and add clarification.
     Rule 391-3-20-.15, ``Repairs and Reinspections,'' is being 
amended to clarify terminology and use standardized terms.
     Rule 391-3-20-.16, ``Extensions and Reciprocal 
Inspections,'' is being amended to make the rule consistent with the 
Inspection and Maintenance Act.
     Rule 391-3-20-.17, ``Waivers,'' is being amended to use 
standardized terminology, eliminate obsolete provisions, and to specify 
the requirements for obtaining waivers consistent with current 
procedures.
     Rule 391-3-20-.18, ``Sale of Vehicles,'' is being amended 
to specify that GA EPD has the option to collect a civil penalty of up 
to $5,000 per day for any violation of any requirement of the Georgia 
Motor Vehicle Emissions Inspection and Maintenance Act and Rules, 
including the car sales provisions, as an alternative to criminal 
penalties.
     Rule 391-3-20-.19, ``Management Contractor,'' is being 
amended to reflect a reorganization of state agencies by changing 
``Georgia Department of Motor Vehicle Safety'' to ``Georgia Department 
of Revenue, Motor Vehicle Division'' and adding language for future 
name changes.
     Rule 391-3-20-.20, ``Referee Program,'' is being amended 
to make it consistent with the Inspection and Maintenance Act and to 
update terminology.
     Rule 391-3-20-.21, ``Inspection Fees,'' is being amended 
to remove obsolete provisions.
     Rule 391-3-20-.22, ``Enforcement,'' is being amended to 
remove obsolete wording.
    Section 110(l) of the CAA prevents EPA from approving a SIP 
revision that would interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171), or any other applicable requirement of the Act. EPA has 
preliminarily determined that these changes will not interfere with any 
applicable requirement concerning attainment or any other applicable 
requirement of the CAA, and therefore satisfy section 110(l), because 
they are either administrative or remove requirements that do not have 
an air quality impact such that removal will interfere with attainment 
or maintenance of the NAAQS in any area in Georgia.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Georgia Rules 
391-3-20-.01, 391-3-20-.03 through 391-3-20-.05, Georgia Rules, 391-3-
20-.07 through 391-3-20-.13, and 391-3-20-.15 through 391-3-20-.22 
(state effective date of June 19, 2014). Therefore, these rules (state 
effective date of June 19, 2014) 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 by the Director 
of the Federal Register in the next update to the SIP compilation.\5\ 
EPA has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and/or at the EPA Region 
4 Office (please contact the person identified in the ``For Further 
Information Contact'' section of this preamble for more information).
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    \5\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is taking direct final action to revise the Georgia SIP to 
include the changes to Georgia Rules 391-3-20-.01; 391-3-20-.03 through 
391-3-20-.05;

[[Page 17130]]

391-3-20-.07 through 391-3-20-.13; and 391-3-20-.15 through 391-3-
20-.22 related to the State's I/M program. EPA has concluded that the 
State's submission meets the requirements of section 110 of 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 June 9, 2017 
without further notice unless the Agency receives adverse comments by 
May 10, 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 adverse 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 June 9, 2017 and no 
further action will be taken on the proposed rule.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, the Agency may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

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 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 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 (Public Law 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 June 9, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, 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

0
2. In Sec.  52.570, the table in paragraph (c) is amended by revising 
the entry ``391-3-20'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

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                                        EPA Approved Georgia Regulations
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                                                               State
         State citation               Title/subject       effective date   EPA approval date      Explanation
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                                               Emission Standards
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                                                  * * * * * * *
391-3-20.......................  Enhanced Inspection and       6/19/2014  4/10/2017 [Insert   ..................
                                  Maintenance.                             Federal Register
                                                                           citation].
 
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[FR Doc. 2017-07032 Filed 4-7-17; 8:45 am]
 BILLING CODE 6560-50-P


