[Federal Register Volume 85, Number 94 (Thursday, May 14, 2020)]
[Proposed Rules]
[Pages 28919-28924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09242]



[[Page 28919]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0195; FRL-10008-41-Region 4]


Air Plan Approval; GA; Revision to I/M Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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 proposed changes are to remove 
obsolete references, clarify the State's inspection and maintenance (I/
M) requirements, and update terminology, including to reflect advances 
in technology. EPA has evaluated the SIP revision and has preliminarily 
determined the changes will not impact emissions under the Georgia I/M 
program. EPA is proposing to conclude 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 
proposing to determine that Georgia's March 15, 2019, SIP revision is 
consistent with the applicable provisions of the CAA.

DATES: Written comments must be received on or before June 15, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0195 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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) 562-9222. Ms. Sheckler can also be reached via electronic mail at 
sheckler.kelly@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. What is the background of Georgia's SIP-approved I/M program?

    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 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. See 62 FR 
42916 (August 11, 1997). Full approval was subsequently granted. 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. 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 
these counties 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 counties to attainment for the 
1997 8-hour ozone NAAQS.
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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). Subsequently, the 
area attained the 2008 8-hour ozone standard and EPA redesignated the 
counties to attainment for the 2008 8-hour ozone NAAQS. See 40 CFR 
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 to 
0.070 parts per million (ppm). See 80 FR 16436 (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\ The attainment date is 
August 3, 2021.
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    \4\ The nonattainment area for the 2015 8-hour ozone standard 
consisted of the following counties: Bartow, Clayton, Cobb, DeKalb, 
Fulton, Gwinnett, and Henry.
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II. What is being proposed?

    EPA is proposing to approve changes to the Georgia SIP that were 
provided to EPA under a cover letter dated March 15, 2019.\5\ 
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,

[[Page 28920]]

2019.\6\ With respect to 391-3-20-.06, GA EPD provided additional 
changes that the GA DNR Board adopted on January 31, 2014 and became 
state-effective on June 19, 2014.
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    \5\ EPA officially received Georgia's I/M SIP revision request 
on March 21, 2019.
    \6\ 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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    The proposed 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 
proposed changes include adding, removing, and revising definitions 
applicable to the Georgia I/M Regulation. EPA is proposing to determine 
that the changes will not impact emissions. Additional detail on the 
changes and EPA's analysis is contained in Section III.

III. State's Submittal and EPA's Analysis

    Georgia's March 15, 2019, SIP revision seeks to modify the 
following sections of the Georgia's SIP-approved I/M Regulation: 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, ``Testing 
of Exhaust Emissions by Remote Sensing Technology or Other Means;'' 
Rule 391-3-20-.07, ``Inspection Equipment System Specification;'' 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.'' 
EPA's analysis of these changes is provided in sections III.A through 
III.N.

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

    Georgia's March 15, 2019, SIP revision includes the following: (1) 
Changes to the definitions of Acceleration Simulation Mode 2525/5015 
exhaust emission test, Calibration, DLC, E-Certs, Georgia Analyzer 
System, Grandfathered Vehicle, Light Duty Vehicle, Management 
Contractor, Station Owner, and 2-speed idle (TSI) test; (2) additions 
of definitions for Certificate of Authorization, Certificate of 
Emissions Inspection, Emissions Inspector Certification Training 
Program Manual, Georgia Analyzer System Hardware and Software 
Specifications, Georgia's Clean Air Force, Inspection Term, Responsible 
Motor Vehicle, Revolutions per Minute, and State-Certified Emissions 
Inspection Station; and (3) removal of the terms I/M Inspection 
Procedures Manual, I/M Test Manual, and State Inspection Program. EPA 
has evaluated the changes to the definitions and has made the 
preliminary determination that the changes are to clarify the 
requirements, to delete obsolete references, and to add definitions. 
EPA's analysis of each of these changes is provided in further detail 
in the following discussion.
1. Revised Definitions
    The following provides details and EPA's analysis of definition 
rule provisions related to the Georgia I/M program that were revised by 
Georgia, and for which the State has requested that EPA incorporate 
into the Georgia SIP.
a. Acceleration Simulation Mode 2525/5015 Exhaust Emission Test
    The term ``Acceleration Simulation Mode 2525/5015 exhaust emission 
test'' is revised to remove references to a chassis dynamometer and the 
I/M Inspection Procedures Manual, which are obsolete.\7\ The rule now 
provides specific language on testing requirements by identifying the 
manner in which 2525 and 5015 tests are to be run (25 percent engine 
load at 25 miles per hour and 50 percent engine load at 15 miles per 
hour, respectively). EPA has made the preliminary determination that 
these changes are SIP strengthening because the edits provide 
additional clarity within the SIP and will not impact emissions. 
Therefore, EPA is proposing to approve this change.
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    \7\ See sections III.A.2.c. and 3.a. of this document for 
further information about the I/M Inspection Procedures Manual and 
the Emissions Inspector Certification Training Program Manual, 
respectively.
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b. Calibration
    The term of ``Calibration'' contains a minor revision to more 
clearly explain the test values of the GAS emissions bench. EPA has 
made the preliminary determination that this change will not impact 
emissions. Therefore, EPA is proposing to approve this change.
c. DLC
    The term ``DLC'' adds the word ``diagnostic'' to the definition to 
include both data and the diagnostics. This addition is consistent with 
the outputs the tests provides. EPA has made the preliminary 
determination that this minor change will not impact emissions. 
Therefore, EPA is proposing to approve this change.
d. E-Certs
    The term ``E-Certs'' adds the word blank to electronic 
certification of emission inspection, to avoid confusion that they are 
not prepopulated, and adds wording that these forms must be purchased 
by the official emission inspection station preforming the test. EPA 
has made the preliminary determination that this minor change will not 
impact emissions. Therefore, EPA is proposing to approve this change.
e. Georgia Analyzer System
    The definition of ``Georgia Analyzer System'' clarifies that this 
test system must be approved by GA EPD. EPA has made the preliminary 
determination that this minor change will not impact emissions. 
Therefore, EPA is proposing to approve this change.
f. Grandfathered Vehicle
    The term ``Grandfathered Vehicle'' adds language to clarify that 
vehicles manufactured outside of the United States are subject to the 
Georgia Motor Vehicle Emission Inspection and Maintenance Act. EPA has 
made the preliminary determination that this minor change will not 
impact emissions. Therefore, EPA is proposing to approve this change.
g. Light Duty Vehicle
    The term light duty vehicle is revised to specify that such 
vehicles have a gross vehicle weight rating (``GVWR'') 8,500 pounds or 
less. This change is intended to avoid confusion as to which vehicles 
are considered light duty and revises the term to match the federal 
vehicle classification and 40 CFR 51.356. EPA has made the preliminary 
determination that this change is consistent with EPA's inspection and 
maintenance regulations at 40 CFR 51 subpart S and will not impact 
emissions. Therefore, EPA is proposing to approve this change.
h. Management Contractor
    The term ``Management Contractor'' is revised to remove the word 
``certain'' before the other functions that the management contractor 
performs for the state I/M program. EPA has made the preliminary 
determination that this minor change will not impact emissions. 
Therefore, EPA is proposing to approve this change.
i. Station Owner
    The term ``Station Owner'' is revised to specify that the entity is 
the owner or

[[Page 28921]]

has control of the daily operation of an inspection station and is not 
the person preforming the actual emissions test. EPA notes that the 
person certified to perform emissions is defined as ``Inspector.'' EPA 
has made the preliminary determination that this change will not impact 
emissions. Therefore, EPA is proposing to approve this change.
j. 2-Speed Idle (TSI) Test
    The term ``2-speed idle (TSI)'' test is revised to remove a 
reference to the I/M Inspection Procedures Manual and instead provide 
specific language on the testing requirement by describing that the TSI 
test is run at idle at revolutions per minute (RPM) speed and higher 
RPM speed as determined by the GAS Specs. EPA has made the preliminary 
determination that this change is SIP strengthening because the edits 
provide additional clarity within the SIP and will not impact 
emissions. EPA has made the preliminary determination that this change 
will not impact emissions. Therefore, EPA is proposing to approve this 
change.
2. Added Definitions
    The following provides details and EPA's analysis of definition 
rule provisions related to the Georgia I/M program that were added by 
Georgia, and for which the State has requested that EPA incorporate 
into the Georgia SIP.
a. Certificate of Authorization
    The term ``Certificate of Authorization'' is defined as a 
certificate issued to each station designated as an official emissions 
station. EPA has made the preliminary determination that this change is 
SIP strengthening by identifying the different types of I/M-related 
certificates issued by GA EPD and will not impact emissions. Therefore, 
EPA is proposing to approve this change.
b. Certificate of Emissions Inspection
    The term ``Certificate of Emissions Inspection'' is defined as a 
certificate issued to stations that have been inspected and approved by 
GA EPD. EPA has made the preliminary determination that this change is 
SIP strengthening by identifying the different types of I/M-related 
certificates issued by GA EPD and will not impact emissions. Therefore, 
EPA is proposing to approve this change.
c. Emissions Inspector Certification Training Program Manual
    The definition of ``Emissions Inspector Certification Training 
Program Manual'' is added to provide that the manual is supplied to 
inspectors during the initial certification and replaces the I/M 
Inspection Procedures Manual. It also adds informational language that 
the manual is available on-line on the Georgia Clean Air Force (GCAF) 
website. EPA has made the preliminary determination that these changes 
will not negatively impact implementation of the I/M program and will 
not impact emissions. Therefore, EPA is proposing to approve this 
change.
d. Georgia Analyzer System Hardware and Software Specifications
    The changes include the addition of the term ``Georgia Analyzer 
System Hardware and Software Specifications'' (``GAS Specs''), which 
provides the specifications for the hardware and software requirements 
of the Georgia Analyzer System (``GAS''). EPA has made the preliminary 
determination that this change is SIP strengthening by providing 
clarification as to the exact hardware and software requirements for 
the GAS Specs system used and will not impact emissions. Therefore, EPA 
is proposing to approve this change.
e. Georgia's Clean Air Force
    The term ``Georgia's Clean Air Force'' is added, defined as the 
partnership between GA EPD and the Management Contractor to implement 
Georgia's I/M Program. This term is used throughout the program and is 
added to provide clarity as to who this group is and its relationship 
to GA EPD and the state I/M program. EPA has made the preliminary 
determination that this change is consistent with 40 CFR part 51 
Subpart S and will not impact emissions. Therefore, EPA is proposing to 
approve this change.
f. Inspection Term
    The term ``Inspection Term'' is added. This term is defined as the 
time period a certificate of emission inspection is considered valid. 
EPA notes that time period of the inspection term is provided in 391-3-
20-.12. EPA has made the preliminary determination that this change 
provides additional clarity and will not impact emissions. Therefore, 
EPA is proposing to approve this change.
g. Responsible Motor Vehicle
    The definition of ``Responsible Motor Vehicle'' is added to provide 
clarity as to which vehicles are subject to the requirements of the I/M 
program, specifically those defined as light duty vehicles or light 
duty trucks. The EPA has made the preliminary determination that the 
definition is consistent with 40 CFR part 51 subpart S (see, e.g. 40 
CFR 51.351), and the change will not impact emissions. Therefore, EPA 
is proposing to approve this change.
h. Revolutions per Minute
    The term ``Revolutions per Minute'' is added to explain that RPM 
means the number of times the crankshaft of an engine makes a complete 
360 degree turn in one minute. EPA has made the preliminary 
determination the definition is consistent with the federal testing 
requirement,\8\ and the change will not impact emissions. Therefore, 
EPA is proposing to approve this change.
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    \8\ See IM240 & Evap Technical Guidance, April 2000, available 
at https://nepis.epa.gov/Exe/ZyPdf.cgi?Dockey=P1008F0I.pdf.
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i. State-Certified Emissions Inspection Station
    The term ``State Certified Emissions Inspection Station'' is 
defined as a facility that has met all the qualifications of the 
Georgia Air Quality Control Act (``GAQCA'') and the Georgia I/M 
Regulation and is certified by the GA EPD Director. EPA has made the 
preliminary determination that this change is SIP strengthening by 
providing additional clarity within the SIP, will not impact 
implementation of the SIP and will not impact emissions. Therefore, EPA 
is proposing to approve this change.
3. Removed Definitions
    The following provides details and EPA's analysis of definition 
rule provisions related to the Georgia I/M program that the State has 
requested EPA remove from the Georgia SIP.
a. I/M Inspection Procedures Manual
    Georgia requests removal of the term ``I/M Inspection Procedures 
Manual'' from the SIP. This term is no longer used in the Georgia I/M 
Regulation, as reliance in the program on hard copy manuals has been 
replaced with the GAS system. In addition, this manual has been 
replaced with the Emissions Inspector Certification Training Program 
Manual, which is supplied to emissions inspectors upon their initial 
certification. EPA has made the preliminary determination that this 
change will not impact emissions. Therefore, EPA is proposing to 
approve this change.
b. I/M Test Manual
    Georgia requests removal of the term ``I/M Test Manual'' from the 
SIP. This term is no longer used in the Georgia I/M Regulation, as 
reliance in the program on hard copy manuals has been

[[Page 28922]]

replaced with the GAS system. EPA has made the preliminary 
determination that this change will not impact emissions. Therefore, 
EPA is proposing to approve this change.
c. State Inspection Program
    Georgia requests removal of the term ``State Inspection Program'' 
from the SIP. This term is no longer used in the Georgia I/M Regulation 
as 391-3-20 now references the program as the ``Georgia I/M Program.'' 
EPA has made the preliminary determination that this change will not 
affect implementation of the SIP and will not impact emissions. 
Therefore, EPA is proposing to approve this change.

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

    Rule 391-3-20-.03, ``Covered Vehicles: Exemptions,'' is being 
amended for clarity and consistency with terminology, such as replacing 
``covered vehicle'' with ``responsible motor vehicle'' to differentiate 
between the term defined in 391-3-20-.01 and the applicability of 
``Covered Vehicles'' as defined in 391-3-20-.03. Further, changes to 
391-3-20-.03 clarify that 391-3-20 applies to all vehicles required to 
be registered rather than just vehicles that are registered or are 
pending registration.
    EPA has reviewed the changes and preliminarily determined that 
these changes do not impact emissions and are consistent with 40 CFR 51 
subpart S. These changes are SIP strengthening by providing additional 
clarity to the SIP. Accordingly, EPA is proposing to approve the 
changes to Rule 391-3-20-.03 into Georgia's SIP.

C. Rule 391-3-20-.04, ``Emission Inspection Procedures''

    Rule 391-3-20-.04, ``Emission Inspection Procedures,'' is being 
amended to insert the word ``initial'' into the requirement for annual 
inspections to differentiate with re-inspections in the same year, to 
require inspectors to perform reinspection of the portions of a 
previously-failed inspection, and to revise terminology for consistency 
within Georgia's regulations. In addition, the changes allow inspectors 
to use any published traction control chart available, rather than a 
specific EPD approved traction control chart. EPA has reviewed these 
changes and preliminarily determined that they do not impact emissions 
and are consistent with 40 CFR part 51 subpart S. Accordingly, EPA is 
proposing to approve the changes to Rule 391-3-20-.04 into Georgia's 
SIP.

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

    Rule 391-3-20-.05, ``Emission Standards'' is amended to delete an 
outdated reference to the emission inspector training program as well 
as updating references from the test manual name to the GAS. Rule 391-
3-20-.05 adds clarifying language to reflect that the vehicle 
manufacturer programs the malfunction illumination light. EPA has made 
the preliminary determination that these changes provide additional 
clarity within the SIP, and will not impact emissions. Accordingly, EPA 
is proposing to approve the changes to Rule 391-3-20-.05 into Georgia's 
SIP.

E. Rule 391-3-20-.06, ``Testing of Exhaust Emissions by Remote Sensing 
Technology or Other Means''

    Rule 391-3-20-.06, ``Testing of Exhaust Emissions by Remote Sensing 
Technology or Other Means,'' is being amended to require on-road 
testing of the lesser of 0.5 percent of the vehicle population or 
20,000 vehicles, and also to provide flexibility to the State as to the 
type of on-road testing that can be conducted.\9\ In addition, the 
changes replace a testing scheme for cars that are identified as high 
emitting vehicles by on-road testing with the testing procedures in 
391-3-20-.04 and .05. Last, edits to 391-3-20-.06 remove a provision 
specifying that vehicle owners would be in violation of section 391-3-
20 under certain circumstances.
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    \9\ See 1/16/2014 changes at A-5 (``[R]evised Paragraph (1) . . 
. provides the Division flexibility in implementing a remote sensing 
or alternative program as needed to meet federal requirements''), 
and 1/2/2019 changes at D-3 (``Paragraph (1) is being revised to 
include ``on-road testing measures'' as a type of exhaust testing 
and to describe remote sensing or other means of established 
testing. Paragraph (1) is also being revised to specify that the 
federal requirement for on-road testing and high emitter testing is 
`at least 0.5% of the vehicle population or 20,000 vehicles, 
whichever is less.' '').
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    EPA has reviewed the changes and preliminarily determined that 
these changes will not impact emissions and are consistent with 40 CFR 
part 51 subpart S. With respect to the additional flexibility as to the 
type of on-road testing, the State will be obligated to conduct on-road 
testing on the lesser of 0.5 percent of the vehicle population or 
20,000 vehicles, and identify high emitting vehicles, consistent with 
40 CFR part 51 subpart S. Since high emitting vehicles must present 
their vehicles for emissions inspection, and--if the high emitting 
vehicle fails the emission inspection under 391-3-20-.04 and 391-3-
20-.05--must pass a reinspection under 391-3-20-.15, EPA does not 
anticipate emissions increases associated with this change. With 
respect to the removal of the provision regarding violations, EPA does 
not anticipate emissions increases associated with the removal of this 
requirement because the regulations will continue to require a vehicle 
owner present the vehicle for inspection within 30 days of 
notification. Further, without a passing emission certificate the 
vehicle cannot be registered, and without registration, the vehicle 
cannot legally operate on highways. Accordingly, EPA is proposing to 
approve the revisions to Rule 391-3-20-.06 into Georgia's SIP.

F. Rule 391-3-20-.07, ``Inspection Equipment System Specification''

    Rule 391-3-20-.07, ``Inspection Equipment System Specification,'' 
is being amended to add language requiring station owners to acquire a 
specific manufacturer's published Fuel Cap Testing Application Chart, 
and to clarify that inspection stations must have an appropriate GAS 
for their class of station. In addition, the changes to 391-3-20-.07 
include language to specify that the inspection stations must have 
systems that have been approved by the GA EPD.
    EPA has reviewed the changes and preliminarily determined that 
these changes will not impact emissions and are consistent with 40 CFR 
part 51 subpart S. These changes are SIP strengthening by updating the 
SIP to reflect more recent technology and providing additional clarity 
to the SIP. Accordingly, EPA is proposing to approve the revisions to 
Rule 391-3-20-.07 into Georgia's SIP.

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

    Rule 391-3-20-.09, ``Inspection Station Requirements,'' is amended 
to remove language at 391-3-20-.09(c)(4), specifying that the Director 
can suspend or revoke a station's Certificate of Authorization if it 
fails to comply with the requirements of the mobile GAS. Additional 
changes identify the materials that must be provided by a public 
inspection station by adding language to specify that the relevant 
poster is the one provided at the time of station certification, and 
that a Q&A brochure must be provided. Changes to the requirements for 
station owners include edits to require a specific Emissions Repair 
Form (replacing the term ``repair information form''), broaden the type 
of traction control charts each station must maintain, provide a web 
address for the location of the OBD DLC Location Chart, and require 
station owners to maintain

[[Page 28923]]

Version 1.4 of the Emissions Inspector Certification Training Program 
Manual. Requirements for fleet inspection stations are revised to 
remove language requiring certain fleet inspection technicians to be 
certified in the area of advanced automotive engine diagnostic and 
repair. In addition, 391-3-20-.09 is amended to clarify that the sign 
posted at inspection stations reflects a state certified station, to 
clarify that the Repair Watch Public Report is issued quarterly, and to 
require station owners to provide an email address with their contact 
information. Finally, changes to paragraphs (i)(3) and (5) revise the 
requirements for the required type of internet connection.
    EPA has reviewed the changes and has made the preliminary 
determination that these changes do not impact emissions and are 
consistent with 40 CFR part 51 subpart S. With respect to the removal 
of language at 391-3-1-.09(c)(4), the general provisions regarding 
Certificates of Authorization at 391-3-20-.10 provide that the GA EPD 
Director can suspend or revoke a station's Certificate of 
Authorization. With respect to the changes related to internet 
requirements and the removal of the requirement for certain fleet 
inspection technicians to be certified in the area of advanced 
automotive engine diagnostic and repair, the changes reflect current 
technology as the diagnostic tools now perform the required analysis, 
and EPA is proposing to make the determination that the changes will 
not impact implementation of the SIP and will not impact emissions. The 
remainder of the changes, including those regarding materials and 
internet requirements, are minor changes that will not impact the 
implementation of the I/M testing to be performed and thus will not 
impact emissions. Accordingly, EPA is proposing to approve the change 
to Rule 391-3-20-.09 into Georgia's SIP.

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

    Rule 391-3-20-.10, ``Certificates of Authorization,'' is being 
amended to use the acronym for Georgia Analyzer System and deleting 
spelling out the words. EPA has reviewed the changes and has made the 
preliminary determination that these minor changes do not impact 
emissions and are consistent with the I/M program requirements. 
Accordingly, EPA is proposing to approve the change to Rule 391-3-
20-.10 into Georgia's SIP.

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

    Rule 391-3-20-.11, ``Inspector Qualifications and Certification,'' 
is amended to clarify that an inspector's certificate is valid for two 
years from the date of issuance; to state that an inspector's 
certificate application is due 30 days before the expiration of an 
existing application; and to add language that a certificate will be 
renewed on timely receipt of an application, if there is no cause to 
deny a certificate; and clarify that it is the inspector that must pass 
the written test. In addition, 391-3-20-.11 is revised to require 
emissions inspectors to pass a practical (rather than hands-on) test, 
and to have knowledge about conducting all parts of the inspection 
(replacing the words ``can perform'').
    EPA has reviewed the changes and has made the preliminary 
determination that these minor changes do not impact implementation of 
the SIP, do not impact emissions, and are consistent with 40 CFR part 
51 subpart S. Accordingly, EPA is proposing to approve the revisions to 
Rule 391-3-20-.11 into Georgia's SIP.

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

    Rule 391-3-20-.13, ``Certificate of Emission Inspection,'' is 
amended replace terms with standard terminology (for example 
``Emissions Repair Form'' replaces ``repair information form''), to 
provide the website address to obtain an Emissions Repair Form, and to 
clarify that the Repair Watch Public Report is issued quarterly. EPA 
has reviewed these minor changes and preliminarily finds that the 
changes are SIP strengthening by providing additional clarity to the 
SIP. Accordingly, EPA is proposing to approve the revisions to Rule 
391-3-20-.13 into Georgia's SIP.

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

    Rule 391-3-20-.15, ``Repairs and Retests,'' is being amended by 
replacing the term ``repair information form'' with standard 
terminology of ``Emissions Repair Form.'' EPA has reviewed this change 
and is preliminarily determining that it is a minor change that is SIP 
strengthening by providing additional clarity to the SIP. Accordingly, 
EPA is proposing to approve this change to Rule 391-3-20-.15 into the 
Georgia SIP.

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

    Rule 391-3-20-.17, ``Waivers,'' is revised to specify the dollar 
amount of expenditures that must be made annually in order to qualify 
for a waiver from the I/M program requirements, and language is added 
to provide a web-address where the waiver amount will be posted. In 
addition, language is added to require the issuer of a waiver to 
visually inspect to confirm that repairs have been made.
    EPA has reviewed these minor changes and preliminarily finds that 
the changes are SIP strengthening by providing additional clarity to 
the SIP, are consistent with 40 CFR part 51 subpart S, and will not 
impact emissions. Accordingly, EPA is proposing to approve the changes 
to Rule 391-3-20-.17 into Georgia's SIP.

M. Rule 391-3-20-.18, ``Sale of Vehicles''

    Rule 391-3-20-.18, ``Sale of Vehicles,'' is being amended to add 
that no person shall sell a vehicle without a valid passing certificate 
of emissions inspection if the vehicle will be registered in a covered 
county. In addition, language imposing criminal and civil penalties is 
removed.
    EPA has reviewed these administrative changes and determined that 
do not impact emissions and are consistent with the 40 CFR part 51 
subpart S. While the language imposing criminal and civil penalties is 
removed, a valid passing certificate of emissions inspections must be 
provided in order to register a vehicle for highway use. Since without 
an emission certificate the vehicle cannot be registered, and without 
registration, the vehicle cannot legally operate on highways, EPA does 
not anticipate emissions increases associated with the removal of the 
specific penalties previously listed in 391-3-20-.18.\10\ Accordingly, 
EPA is proposing to approve this change to Rule 391-3-20-.18 into the 
Georgia SIP.
---------------------------------------------------------------------------

    \10\ Although not relied on for approval, EPA also notes that 
the operation on highways without a certification of registration is 
subject to Georgia Code Title 40 Motor Vehicle and Traffic 
Subsection 40-6-15, which imposes civil and criminal penalties.
---------------------------------------------------------------------------

N. Other Minor Changes

    In addition, Georgia's March 15, 2019, SIP revision contains 
several minor changes to Georgia's I/M Regulation 391-3-20. For 
example, rule 391-3-20-.01 contains changes to numbering to reflect the 
addition and deletion of several definitions, as described more fully 
above; rule 391-3-20-.03, ``Covered Vehicles: Exemptions,'' contains 
changes for grammatical purposes and to correct capitalization; and 
rules 391-3-20-.01, 391-3-20-.09 and 391-3-20-.11 contain changes that 
replace the term ``State Inspection'' with ``I/M'' program. Also, 
changes are made to replace terms with acronyms. For

[[Page 28924]]

example, multiple rules include adding the acronym ``GAS'' or replacing 
``Georgia Analyzer System'' with the acronym ``GAS;'' and 391-3-20-.13 
substitutes the acronym ``EPA'' for ``U.S. Environmental Protection 
Agency.'' Further, the March 15, 2019, SIP revision contains a number 
of changes to reflect changing technology, such as removing references 
to hard copy manuals, since the material is now found within the GAS 
program. EPA is making the preliminary determination that these minor 
changes will not affect implementation of the SIP and thus will not 
impact emissions. Therefore, EPA is proposing to approve these changes 
into the SIP.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final GA EPD rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference 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 391-
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/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).

V. Proposed Action

    For the reasons explained above, EPA is proposing to approve 
Georgia's March 15, 2019, SIP revision. Specifically, EPA is proposing 
to approve the changes to Georgia's I/M Regulation 391-3-20 because 
they are consistent with the CAA and 40 CFR part 51 subpart S.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submittal 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, if 
they meet the criteria of the CAA. Accordingly, this proposed action 
merely proposes to approve state law as meeting Federal requirements 
and does not propose to impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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, October 7, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-09242 Filed 5-13-20; 8:45 am]
BILLING CODE 6560-50-P


