Air Plan Approval; Georgia: Heavy Duty Diesel Requirements, 22079-22081 [2017-09493]
Download as PDF
Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
§ 52.2520
*
*
Identification of plan.
*
*
(e) * * *
*
Name of non-regulatory
SIP revision
Applicable
geographic area
*
Section 110(a)(2) Infrastructure Requirements
for the 2012 PM2.5
NAAQS.
*
Statewide ..........
[FR Doc. 2017–09504 Filed 5–11–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0116; FRL–9961–44–
Region 4]
Air Plan Approval; Georgia: Heavy
Duty Diesel Requirements
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving changes to a
State Implementation Plan (SIP)
revision submitted by the State of
Georgia on January 25, 2016, for the
purpose of removing the requirements
for heavy duty diesel engines (HDDE),
which bar the sale/lease or import in the
State of Georgia of any new HDDE that
were not certified by the California Air
Resources Board (CARB) to meet the
emission standards of the California
HDDE rules. The removal of this rule
will prevent regulatory confusion and
make it clear that the more stringent
EPA emission standards for HDDE are
applicable. EPA is approving this SIP
revision because the State has
demonstrated that it is consistent with
the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective
July 11, 2017 without further notice,
unless EPA receives adverse comment
by June 12, 2017. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
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–2016–0116 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
mstockstill on DSK30JT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
22079
16:29 May 11, 2017
Jkt 241001
State
submittal date
*
11/17/15
EPA approval date
*
5/12/17, [insert Federal
Register citation].
Additional explanation
*
*
*
This action addresses the following CAA elements:
110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant deterioration), (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M), or portions thereof.
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://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, 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. The
telephone number is (404) 562–9222,
Ms. Sheckler can also be reached via
electronic mail at sheckler.kelly@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The federal Clean Air Act (CAA)
establishes the framework for
controlling mobile-source emissions in
the United States. During the
development of the CAA in 1967,
Congress recognized that the imposition
of many different state standards could
result in inefficiencies in vehicle
markets. Therefore, state-established
emissions standards were preempted by
federal emissions standards in what is
now section 209 of the CAA. A special
exemption to this federal preemption
was made in section 209 for California
because of the state’s special air quality
problems and pioneering efforts in the
control of air pollutants. This
exemption, still in existence, gives the
State of California the authority to set
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
on-road vehicle standards that differ
from the federal standards as long as
they are as protective in the aggregate as
federal standards. Later amendments to
section 209 granted California the
authority to set emissions standards and
regulations for some nonroad engines,
and section 177 was added to allow
other states to adopt California
standards. See CAA section 209(b), 42
U.S.C. 7543(b). Section 177 of the CAA
allows other states to adopt standards
and test procedures identical to
California’s. However, regardless of
whether a manufacturer receives CARB
approval, all new motor vehicles and
engines must still receive certification
from EPA before the vehicle is
introduced into commerce. If a state
adopts CARB standards in lieu of the
federal standards and then later removes
the requirement for the CARB standards,
the Federal CAA vehicle standards will
apply in that state.
In 1994, the CARB approved a plan
that called for emission standards for
highway heavy-duty diesel vehicles
beginning in 2004. In June of 1995,
CARB, EPA, and the manufacturers of
heavy-duty vehicle engines signed a
statement of principles (SOP) calling for
the harmonization of CARB and EPA
heavy-duty vehicle regulations.
In 1998, the federal government and
seven HDDE manufacturers entered into
consent decrees as a result of
enforcement actions that were brought
against the manufacturers because a
majority of the diesel engine
manufacturers had programmed their
engines to defeat federal test procedures
(FTP) through the use of a ‘‘defeat
device.’’ As a part of the consent decree,
the majority of the settling
manufacturers agreed to produce by
October 1, 2002, engines that would
meet supplemental test procedures
including the Not-To-Exceed (NTE) test
and the EURO III European Stationary
Cycle (ESC) test. These requirements
were to be met for a period of two years.
Recognizing the effectiveness of the
supplemental tests, EPA published a
notice of proposed rulemaking on
October 29, 1999, see 64 FR 58472,
E:\FR\FM\12MYR1.SGM
12MYR1
mstockstill on DSK30JT082PROD with RULES
22080
Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
proposing to adopt the supplemental
standards and test procedures for 2004
and subsequent model-year HDDEs.
However, because of statutory and legal
timing constraints, the NTE and ESC
standards and test procedures were not
to be required until the 2007 model
year. Therefore, once the consent decree
requirements would expire in 2004,
diesel engine manufacturers would no
longer be obligated to comply with the
supplemental test procedures in 2005
and would be able to forgo the
supplemental testing until the 2007
model year, when the federal rules came
into effect. In anticipation of this
regulatory gap, on December 8, 2000,
California finalized a rule under section
1956.8 of the California Code of
Regulations requiring HDDE
manufacturers to perform the NTE and
the ESC supplemental test procedures in
addition to the existing FTP.
On October 6, 2000, EPA’s final rule
on the Control of Emissions of Air
Pollution from 2004 and Later Model
Year Heavy-Duty Highway Engines and
Vehicles; Revision of Light-Duty OnBoard Diagnostics Requirements was
issued. See 65 FR 59896. However, as
explained above, it did not include the
NTE standards for model years 2005 and
2006.
On December 28, 2001, Georgia
submitted a SIP revision which
contained Rule 391–3–1–.02(2)(ooo)
‘‘Heavy Duty Diesel Engine
Requirements.’’ The Georgia HeavyDuty Diesel Engine Requirements Rule
adopted and incorporated by reference
the exhaust emission standards (and
associated performance test procedures)
for model year 2005 and subsequent
model year heavy-duty diesel engines.
The Rule required that any new on-road
heavy-duty diesel vehicle or engine
sold, leased, rented, imported or
delivered in the state must have a CARB
Executive Order (a vehicle certification
issued by CARB to vehicle
manufacturers). This requirement was
also imposed on any new on-road
heavy-duty diesel vehicle or engine
leased, purchased, acquired, or received
or offered for sale, lease or rent. The
Heavy-Duty Diesel Engine Requirements
Rule required any ‘‘person’’ who
imports, sells, delivers, leases, or rents
an engine or motor vehicle that is
subject to the rule to retain records
concerning the transaction for at least 3
years following the transaction and to
submit annually a report documenting
the total sales and/or leases of engines
and motor vehicles for each engine
family over the calendar year in Georgia.
The requirement that new on-road
heavy-duty diesel vehicles or engines
must have a CARB Executive Order
VerDate Sep<11>2014
16:29 May 11, 2017
Jkt 241001
began with the 2005 model year. This
rule incorporated the December 8, 2000,
requirements of CARB for heavy duty
diesel engines into the Georgia SIP for
the purpose of avoiding possible
‘‘backsliding’’ in a former severe
nonattainment area and potential
significant increases in diesel exhaust
emissions because of the lack of these
procedures in federal regulations for the
model years 2005 and 2006. EPA
approved Georgia SIP revision on July
11, 2002. See 67 FR 45909.
Subsequently, EPA addressed the
NTE standards for model years 2005 and
2006 by proposing a new rule on June
21, 2004, that included a two-phase
NTE testing scheme for all pollutants.
See 69 FR 34326. The final rule
adopting these requirements for 2005
and newer model-year HDDE and
heavy-duty on-highway vehicles was
published in the Federal Register on
June 14, 2005. See 70 FR 34594. When
EPA finalized its rule adopting test
requirements for 2005 and newer
models, the regulatory gap that
prompted Georgia’s adoption of the
CARB standards was eliminated.
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 July 11, 2017
without further notice unless the
Agency receives adverse comments by
June 12, 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 public 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 July 11, 2017
and no further action will be taken on
the proposed rule.
II. Analysis of State’s Submittal
IV. Statutory and Executive Order
Reviews
On January 25, 2016, Georgia
submitted to EPA a SIP revision to
remove from the SIP the version of
Georgia Rule 391–3–1–.02(2)(ooo)—
Heavy Duty Diesel Requirements, that
was approved into the Georgia SIP on
July 11, 2002. Georgia requested
removal of the California standards
approved into its SIP because the new
federal standard requires the
manufacturers to meet emission limits
that are equivalent to the California
standards. The Federal CAA standards
for vehicles and fuel will replace the
CARB standards and will, in the
absence of the incorporated CARB
standards, apply in Georgia. The
removal of this rule will prevent
regulatory confusion and will clarify
that the more stringent EPA emission
standards for HDDE are applicable. The
removal of Georgia Rule 391–3–1–
.02(2)(ooo) will not interfere with
attainment or reasonable further
progress, or any other applicable
requirement of the Act because the
federal standards are applicable.
III. Final Action
EPA is taking final action to approve
the SIP revision submitted by Georgia
on January 25, 2016, to remove Georgia
Rule 391–3–1–.02(2)(ooo) Heavy Duty
Diesel Engine Requirements from the
Georgia SIP. EPA has determined that
Georgia’s January 25, 2016, SIP revision
is consistent with the CAA.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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 Order 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
E:\FR\FM\12MYR1.SGM
12MYR1
mstockstill on DSK30JT082PROD with RULES
Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
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).
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 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 July 11, 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
VerDate Sep<11>2014
16:29 May 11, 2017
Jkt 241001
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, Incorporation by
reference, 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
§ 52.570
[Amended]
2. Amend § 52.570(c) by removing the
entry for ‘‘391–3–1–.02(2)(ooo).’’
■
[FR Doc. 2017–09493 Filed 5–11–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2016–0133; FRL–9961–93–
Region 10]
22081
requirements for the 2010 nitrogen
dioxide (NO2) and 2010 sulfur dioxide
(SO2) NAAQS.
This final rule is effective June
12, 2017.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2016–0133. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information may not be publicly
available, i.e., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the Internet and is publicly available
only in hard copy form. Publicly
available docket materials are available
at https://www.regulations.gov or at EPA
Region 10, Office of Air and Waste, 1200
Sixth Avenue, Seattle, Washington
98101. The EPA requests that you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
below, to schedule your inspection. The
Regional Office’s official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding federal
holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kristin Hall, Air Planning Unit, Office of
Air and Waste (OAW–150),
Environmental Protection Agency—
Region 10, 1200 Sixth Ave., Seattle, WA
98101; telephone number: (206) 553–
6357; email address: hall.kristin@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Approval and Promulgation of
Implementation Plans; Alaska:
Infrastructure Requirements for the
2010 Nitrogen Dioxide and 2010 Sulfur
Dioxide Standards
Table of Contents
AGENCY:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. Background
Whenever a new or revised
National Ambient Air Quality Standard
(NAAQS) is promulgated, each state
must submit a plan for the
implementation, maintenance and
enforcement of such standard—
commonly referred to as infrastructure
requirements. The Environmental
Protection Agency (EPA) is approving
the May 12, 2015 Alaska State
Implementation Plan (SIP) submission
as meeting the infrastructure
On May 12, 2015, Alaska submitted a
SIP to meet the infrastructure
requirements of Clean Air Act (CAA)
sections 110(a)(1) and (2) for the 2010
NO2 and 2010 SO2 NAAQS. On July 20,
2016, the EPA proposed to approve the
submission as meeting certain
infrastructure requirements (81 FR
47103). Please see our proposed
rulemaking for further explanation and
the basis for our finding. The public
comment period for this proposal ended
on August 19, 2016. We received one
comment, from Robert Ukeiley.
SUMMARY:
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
I. Background
II. Response to Comment
III. Final Action
IV. Statutory and Executive Orders Review
E:\FR\FM\12MYR1.SGM
12MYR1
Agencies
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22079-22081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09493]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0116; FRL-9961-44-Region 4]
Air Plan Approval; Georgia: Heavy Duty Diesel Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to a State Implementation Plan (SIP) revision submitted by the State of
Georgia on January 25, 2016, for the purpose of removing the
requirements for heavy duty diesel engines (HDDE), which bar the sale/
lease or import in the State of Georgia of any new HDDE that were not
certified by the California Air Resources Board (CARB) to meet the
emission standards of the California HDDE rules. The removal of this
rule will prevent regulatory confusion and make it clear that the more
stringent EPA emission standards for HDDE are applicable. EPA is
approving this SIP revision because the State has demonstrated that it
is consistent with the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective July 11, 2017 without
further notice, unless EPA receives adverse comment by June 12, 2017.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the 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-2016-0116 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://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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. The telephone number is (404) 562-9222, Ms. Sheckler can
also be reached via electronic mail at sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The federal Clean Air Act (CAA) establishes the framework for
controlling mobile-source emissions in the United States. During the
development of the CAA in 1967, Congress recognized that the imposition
of many different state standards could result in inefficiencies in
vehicle markets. Therefore, state-established emissions standards were
preempted by federal emissions standards in what is now section 209 of
the CAA. A special exemption to this federal preemption was made in
section 209 for California because of the state's special air quality
problems and pioneering efforts in the control of air pollutants. This
exemption, still in existence, gives the State of California the
authority to set on-road vehicle standards that differ from the federal
standards as long as they are as protective in the aggregate as federal
standards. Later amendments to section 209 granted California the
authority to set emissions standards and regulations for some nonroad
engines, and section 177 was added to allow other states to adopt
California standards. See CAA section 209(b), 42 U.S.C. 7543(b).
Section 177 of the CAA allows other states to adopt standards and test
procedures identical to California's. However, regardless of whether a
manufacturer receives CARB approval, all new motor vehicles and engines
must still receive certification from EPA before the vehicle is
introduced into commerce. If a state adopts CARB standards in lieu of
the federal standards and then later removes the requirement for the
CARB standards, the Federal CAA vehicle standards will apply in that
state.
In 1994, the CARB approved a plan that called for emission
standards for highway heavy-duty diesel vehicles beginning in 2004. In
June of 1995, CARB, EPA, and the manufacturers of heavy-duty vehicle
engines signed a statement of principles (SOP) calling for the
harmonization of CARB and EPA heavy-duty vehicle regulations.
In 1998, the federal government and seven HDDE manufacturers
entered into consent decrees as a result of enforcement actions that
were brought against the manufacturers because a majority of the diesel
engine manufacturers had programmed their engines to defeat federal
test procedures (FTP) through the use of a ``defeat device.'' As a part
of the consent decree, the majority of the settling manufacturers
agreed to produce by October 1, 2002, engines that would meet
supplemental test procedures including the Not-To-Exceed (NTE) test and
the EURO III European Stationary Cycle (ESC) test. These requirements
were to be met for a period of two years.
Recognizing the effectiveness of the supplemental tests, EPA
published a notice of proposed rulemaking on October 29, 1999, see 64
FR 58472,
[[Page 22080]]
proposing to adopt the supplemental standards and test procedures for
2004 and subsequent model-year HDDEs. However, because of statutory and
legal timing constraints, the NTE and ESC standards and test procedures
were not to be required until the 2007 model year. Therefore, once the
consent decree requirements would expire in 2004, diesel engine
manufacturers would no longer be obligated to comply with the
supplemental test procedures in 2005 and would be able to forgo the
supplemental testing until the 2007 model year, when the federal rules
came into effect. In anticipation of this regulatory gap, on December
8, 2000, California finalized a rule under section 1956.8 of the
California Code of Regulations requiring HDDE manufacturers to perform
the NTE and the ESC supplemental test procedures in addition to the
existing FTP.
On October 6, 2000, EPA's final rule on the Control of Emissions of
Air Pollution from 2004 and Later Model Year Heavy-Duty Highway Engines
and Vehicles; Revision of Light-Duty On-Board Diagnostics Requirements
was issued. See 65 FR 59896. However, as explained above, it did not
include the NTE standards for model years 2005 and 2006.
On December 28, 2001, Georgia submitted a SIP revision which
contained Rule 391-3-1-.02(2)(ooo) ``Heavy Duty Diesel Engine
Requirements.'' The Georgia Heavy-Duty Diesel Engine Requirements Rule
adopted and incorporated by reference the exhaust emission standards
(and associated performance test procedures) for model year 2005 and
subsequent model year heavy-duty diesel engines. The Rule required that
any new on-road heavy-duty diesel vehicle or engine sold, leased,
rented, imported or delivered in the state must have a CARB Executive
Order (a vehicle certification issued by CARB to vehicle
manufacturers). This requirement was also imposed on any new on-road
heavy-duty diesel vehicle or engine leased, purchased, acquired, or
received or offered for sale, lease or rent. The Heavy-Duty Diesel
Engine Requirements Rule required any ``person'' who imports, sells,
delivers, leases, or rents an engine or motor vehicle that is subject
to the rule to retain records concerning the transaction for at least 3
years following the transaction and to submit annually a report
documenting the total sales and/or leases of engines and motor vehicles
for each engine family over the calendar year in Georgia. The
requirement that new on-road heavy-duty diesel vehicles or engines must
have a CARB Executive Order began with the 2005 model year. This rule
incorporated the December 8, 2000, requirements of CARB for heavy duty
diesel engines into the Georgia SIP for the purpose of avoiding
possible ``backsliding'' in a former severe nonattainment area and
potential significant increases in diesel exhaust emissions because of
the lack of these procedures in federal regulations for the model years
2005 and 2006. EPA approved Georgia SIP revision on July 11, 2002. See
67 FR 45909.
Subsequently, EPA addressed the NTE standards for model years 2005
and 2006 by proposing a new rule on June 21, 2004, that included a two-
phase NTE testing scheme for all pollutants. See 69 FR 34326. The final
rule adopting these requirements for 2005 and newer model-year HDDE and
heavy-duty on-highway vehicles was published in the Federal Register on
June 14, 2005. See 70 FR 34594. When EPA finalized its rule adopting
test requirements for 2005 and newer models, the regulatory gap that
prompted Georgia's adoption of the CARB standards was eliminated.
II. Analysis of State's Submittal
On January 25, 2016, Georgia submitted to EPA a SIP revision to
remove from the SIP the version of Georgia Rule 391-3-1-.02(2)(ooo)--
Heavy Duty Diesel Requirements, that was approved into the Georgia SIP
on July 11, 2002. Georgia requested removal of the California standards
approved into its SIP because the new federal standard requires the
manufacturers to meet emission limits that are equivalent to the
California standards. The Federal CAA standards for vehicles and fuel
will replace the CARB standards and will, in the absence of the
incorporated CARB standards, apply in Georgia. The removal of this rule
will prevent regulatory confusion and will clarify that the more
stringent EPA emission standards for HDDE are applicable. The removal
of Georgia Rule 391-3-1-.02(2)(ooo) will not interfere with attainment
or reasonable further progress, or any other applicable requirement of
the Act because the federal standards are applicable.
III. Final Action
EPA is taking final action to approve the SIP revision submitted by
Georgia on January 25, 2016, to remove Georgia Rule 391-3-1-.02(2)(ooo)
Heavy Duty Diesel Engine Requirements from the Georgia SIP. EPA has
determined that Georgia's January 25, 2016, SIP revision is consistent
with 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 July 11, 2017
without further notice unless the Agency receives adverse comments by
June 12, 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 public 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 July 11, 2017 and no
further action will be taken on the proposed rule.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Order
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive
[[Page 22081]]
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).
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 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 July 11, 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, Incorporation by
reference, 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
Sec. 52.570 [Amended]
0
2. Amend Sec. 52.570(c) by removing the entry for ``391-3-
1-.02(2)(ooo).''
[FR Doc. 2017-09493 Filed 5-11-17; 8:45 am]
BILLING CODE 6560-50-P