Air Plan Approval; Georgia; Inspection and Maintenance Program Updates, 17128-17131 [2017-07032]
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17128
Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0292; FRL–9960–59Region 4]
Air Plan Approval; Georgia; Inspection
and Maintenance Program Updates
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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.
pmangrum on DSK3GDR082PROD with RULES
SUMMARY:
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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.
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
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.
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,
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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.
On March 12, 2008, EPA revised the
8-hour ozone NAAQS. See 73 FR 16436
(March 27, 2008). EPA designated a 15county 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
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.
Gwinnett, Hall, Henry, Newton, Paulding,
Rockdale, Spalding, and Walton.
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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Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations
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
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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.
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• 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).
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;
5 62
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FR 27968 (May 22, 1997).
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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.
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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,
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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
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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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Subpart L—Georgia
2. In § 52.570, the table in paragraph
(c) is amended by revising the entry
‘‘391–3–20’’ to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
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Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations
EPA APPROVED GEORGIA REGULATIONS
State citation
State effective
date
Title/subject
*
*
*
*
EPA approval date
*
*
Explanation
*
Emission Standards
*
391–3–20 ...........................
*
*
*
*
*
*
Enhanced Inspection and Maintenance ......................
*
*
*
*
*
[FR Doc. 2017–07032 Filed 4–7–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0048; FRL–9960–54–
Region 4]
Air Plan Approval; Kentucky;
Nonattainment New Source Review
Requirements for the 2008 8-Hour
Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the portion
of the State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Kentucky, through
the Energy and Environment Cabinet’s
Division of Air Quality on August 26,
2016, regarding the nonattainment new
source review (NNSR) requirements for
the 2008 8-hour ozone national ambient
air quality standards (NAAQS) for the
Kentucky portion of the CincinnatiHamilton, Ohio-Kentucky-Indiana 2008
8-hour ozone nonattainment area
(hereinafter referred to as the
‘‘Cincinnati-Hamilton, OH–KY–IN
Area’’ or ‘‘Area’’). The Area consists of
Butler, Clermont, Clinton, Hamilton,
and Warren Counties in Ohio; portions
of Boone, Campbell, Kenton Counties in
Kentucky; and a portion of Dearborn
County in Indiana. This action is being
taken pursuant to the Clean Air Act
(CAA or Act) and its implementing
regulations.
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SUMMARY:
This direct final rule is effective
June 9, 2017 without further notice,
unless EPA receives adverse comment
by May 10, 2017. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
DATES:
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*
*
6/19/2014
*
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2017–0048 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:
Andres Febres of the 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.
Febres can be reached via telephone at
(404) 562–8966 or via electronic mail at
febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Under EPA’s
regulations at 40 CFR 50.15, the 2008 8-
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4/10/2017 [Insert Federal
Register citation].
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*
*
*
hour ozone NAAQS is attained when
the 3-year average of the annual fourthhighest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. Ambient air quality
monitoring data for the 3-year period
must meet a data completeness
requirement. The ambient air quality
monitoring data completeness
requirement is met when the average
percent of days with valid ambient
monitoring data is greater than 90
percent, and no single year has less than
75 percent data completeness as
determined in appendix I of part 50.
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate as nonattainment any area
that is violating the NAAQS based on
the three most recent years of ambient
air quality data at the conclusion of the
designation process. As part of the
designations process for the 2008 8-hour
ozone NAAQS, the CincinnatiHamilton, OH–KY–IN Area was
designated as a marginal ozone
nonattainment area, effective July 20,
2012. See 77 FR 30088 (May 21, 2012).
On March 6, 2015, EPA issued a final
rule entitled, ‘‘Implementation of the
2008 National Ambient Air Quality
Standards for Ozone: State
Implementation Plan Requirements’’
(SIP Requirements Rule), which
establishes the requirements that state,
tribal, and local air quality management
agencies must meet as they develop
implementation plans for areas where
air quality exceeds the 2008 8-hour
ozone NAAQS.1 See 80 FR 12264. Areas
1 The SIP Requirements Rule addresses a range of
nonattainment area SIP requirements for the 2008
8-hour ozone NAAQS, including requirements
pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control
technology, reasonably available control measures,
major new source review, emission inventories, and
the timing of SIP submissions and of compliance
with emission control measures in the SIP. The
Rule also revokes the 1997 8-hour ozone NAAQS
and establishes anti-backsliding requirements.
E:\FR\FM\10APR1.SGM
10APR1
Agencies
[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) * * *
[[Page 17131]]
EPA Approved Georgia Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
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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