Air Plan Approval; Georgia; Revision to I/M Program, 52047-52049 [2020-16668]
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Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Rules and Regulations
ASW AR E5 Harrison, AR
Boone County Airport, AR
(Lat. 36°15′41″ N, long. 93°09′17″ W)
That airspace extending upward from 700
feet above the surface within a 6.8-mile
radius of Boone County Airport and within
4-miles each side of the 183° bearing from the
airport extending form the 6.8-mile radius to
11.7 miles south of the airport.
Issued in College Park, Georgia, on August
17, 2020.
Matthew N. Cathcart,
Manager, Airspace & Procedures Team North,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2020–18379 Filed 8–21–20; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0195; FRL–10012–
66–Region 4]
Air Plan Approval; Georgia; Revision
to I/M Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving 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 changes remove obsolete
references, clarify the State’s inspection
and maintenance (I/M) requirements,
and update terminology, including to
reflect advances in technology. EPA
evaluated the SIP revision and
determined the changes will not impact
emissions under the Georgia I/M
program. EPA has determined 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 approving the Georgia’s March
15, 2019, SIP revision because it is
consistent with the applicable
provisions of the CAA.
DATES: This rule is effective September
23, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0195 at https://
www.regulations.gov. All documents in
the docket are listed on the
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SUMMARY:
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www.regulations.gov website. Although
listed in the index, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the 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. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section 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.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 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. This Action
EPA is approving changes to the
Georgia SIP that were provided to EPA
under a cover letter dated March 15,
2019.1 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,
2019.2 The 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 changes
include adding, removing, and revising
definitions applicable to the Georgia
I/M Regulation.
1 EPA officially received Georgia’s I/M SIP
revision request on March 21, 2019.
2 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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52047
II. Background
Georgia’s March 19, 2019 SIP revision
contains changes to a number of rules
within the Georgia I/M Regulation to
remove obsolete references, clarify the
State’s I/M regulations, and update
terminology: 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, ‘‘On-Road Testing of Exhaust
Emissions by Remote Sensing
Technology or Other Means;’’ Rule 391–
3–20–.07, ‘‘Inspection Equipment
System Specification;’’ 391–3–20-.08,
‘‘Quality Control and Equipment
Calibration Procedures;’’ 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.’’
In a notice of proposed rulemaking
(NPRM) published on May 14, 2020 (85
FR 28919), EPA proposed to approve the
above changes into the Georgia SIP. The
details of Georgia’s submission and the
rationale for EPA’s action are explained
in the NPRM. Comments on the NPRM
were due on or before June 15, 2020.
EPA did not receive any comments on
the NPRM. Therefore, EPA is finalizing
approval of those changes in this action.
In this final action, EPA is correcting
an error in the NPRM regarding the term
‘‘Certification of Emission Inspection.’’
In the NPRM (Section III.A.2.b.), EPA
stated that ‘‘[t]he term ‘Certificate of
Emissions Inspection’ is defined as a
certificate issued to stations that have
been inspected and approved by GA
EPD.’’ Georgia Rule 391–391–3–20-.01,
‘‘Definitions,’’ however, defines a
‘‘Certificate of Emissions Inspection’’ as
follows:
(f) ‘‘Certificate of Emissions Inspection’’
means an official certificate that exhaust
emissions, evaporative emissions, emission
control equipment, and on-board diagnostic
equipment have been inspected and
approved in accordance with the Act and this
Chapter. Such certificates will be furnished
to official emission inspection stations by
EPD to be completed and issued by such
stations to the owner or operator of a
responsible motor vehicle upon inspection
and approval certifying that such responsible
motor vehicle has been inspected and
complies with the inspection and
maintenance required by the Act and this
Chapter.
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Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Rules and Regulations
Therefore, the term ‘‘Certificate of
Emissions Inspection’’ is defined as a
certificate issued to the owner or
operator of a motor vehicle that has
received an emission inspection.
V. Statutory and Executive Order
Review
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 40 CFR
51.5, EPA is finalizing the incorporation
by reference of 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 390–3–20-.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 at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, 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 in the next
update to the SIP compilation.3
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IV. Final Action
EPA is approving Georgia’s March 15,
2019, SIP revision. The changes revise
sections of Georgia’s Rule 391–3–20—
Enhanced Inspection and Maintenance.
The changes update the SIP to remove
obsolete references, clarify the State’s I/
M requirements, and update
terminology, including to reflect
advances in technology. These changes
include adding, removing, and revising
definitions applicable to the Georgia I/
M Regulation. EPA is approving these
changes because they are consistent
with the CAA and EPA’s inspection and
maintenance regulations at 40 CFR part
51 subpart S.
3 See
62 FR 27968 (May 22, 1997).
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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. 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);
• 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, 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
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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 October 23, 2020. 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. 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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 23, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 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.
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Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Rules and Regulations
Subpart (L)—Georgia
2. In § 52.570 amend the table in
paragraph (c) by:
■ a. Revising the entry for ‘‘391–3–20’’;
and
■ b. Adding entries under ‘‘Enhanced
Inspection and Maintenance’’ in
numerical order for ‘‘391–3–20-.01,
Definitions’’, ‘‘391–3–20-.02, Covered
Counties’’, ‘‘391–3–20-.03, Covered
Vehicles; Exemptions’’, ‘‘391–3–20-.04,
Emission Inspection Procedures’’, ‘‘391–
3–20-.05, Emission Standards’’, ‘‘391–3–
■
20-.06, On-Road Testing of Exhaust
Emissions by Remote Sensing
Technology or Other Means’’, ‘‘391–3–
20-.07, Inspection Equipment System
Specifications’’, ‘‘391–3–20-.08, Quality
Control and Equipment Calibration
Procedures’’, ‘‘391–3–20-.09, Inspection
Station Requirements’’, ‘‘391–3–20-.10,
Certificates of Authorization’’, ‘‘391–3–
20-.11, Inspector Qualifications and
Certification’’, ‘‘391–3–20-.12,
Schedules for Emission Inspections’’,
‘‘391–3–20-.13, Certificate of Emission
Inspection’’, ‘‘391–3–20-.15, Repairs and
Retests’’, ‘‘391–3–20-.16, Extensions and
Reciprocal Inspections’’, ‘‘391–3–20-.17,
Waivers’’, ‘‘391–3–20-.18, Sale of
Vehicles’’, ‘‘391–3–20-.19, Management
Contractor’’, ‘‘391–3–20-.20, Referee
Program’’, ‘‘391–3–20-.21, Inspection
Fees’’, and ‘‘391–3–20-.22,
Enforcement’’, to read as follows:
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED GEORGIA REGULATIONS
State citation
*
391–3–20 .........
391–3–20-.01 ..
391–3–20-.02 ..
391–3–20-.03 ..
391–3–20-.04 ..
391–3–20-.05 ..
391–3–20-.06 ..
391–3–20-.07 ..
391–3–20-.08 ..
391–3–20-.09
391–3–20-.10
391–3–20-.11
391–3–20-.12
391–3–20-.13
391–3–20-.15
391–3–20-.16
391–3–20-.17
391–3–20-.18
391–3–20-.19
391–3–20-.20
391–3–20-.21
391–3–20-.22
*
*
*
..
..
..
..
..
..
..
..
..
..
..
..
..
*
*
Enhanced Inspection
Definitions ........................................................
2/17/2019
Covered Counties ............................................
1/9/2005
Covered Vehicles; Exemptions ........................
2/17/2019
Emission Inspection Procedures .....................
3/28/2018
Emission Standards .........................................
3/28/2018
On-Road Testing of Exhaust Emissions by
2/17/2019
Remote Sensing Technology or Other
Means.
Inspection Equipment System Specifications ..
3/28/2018
Quality Control and Equipment Calibration
3/28/2018
Procedures.
Inspection Station Requirements .....................
2/17/2019
Certificates of Authorization .............................
3/28/2018
Inspector Qualifications and Certification ........
2/17/2019
Schedules for Emission Inspections ................
6/19/2014
Certificate of Emission Inspection ...................
3/28/2018
Repairs and Retests ........................................
3/28/2018
Extensions and Reciprocal Inspections ...........
6/19/2014
Waivers ............................................................
2/17/2019
Sale of Vehicles ...............................................
3/28/2018
Management Contractor ..................................
6/19/2014
Referee Program .............................................
3/28/2018
Inspection Fees ...............................................
6/19/2014
Enforcement .....................................................
6/19/2014
*
*
BILLING CODE 6560–50–P
DATES:
GENERAL SERVICES
ADMINISTRATION
[GSPMR Case 2016–105–1; Docket No.
2016–0004; Sequence No. 1]
Public Availability of Agency Records
and Informational Materials; Technical
Amendment
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*
and Maintenance
8/24/2020, [Insert
5/24/2007, 72 FR
8/24/2020, [Insert
8/24/2020, [Insert
8/24/2020, [Insert
8/24/2020, [Insert
Office of Administrative
Services (OAS), General Services
Administration (GSA).
ACTION: Final rule.
AGENCY:
8/24/2020,
8/24/2020,
8/24/2020,
4/10/2017,
8/24/2020,
8/24/2020,
4/10/2017,
8/24/2020,
8/24/2020,
4/10/2017,
8/24/2020,
4/10/2017,
4/10/2017,
Effective: August 24, 2020.
Mr.
Travis S. Lewis, Director of GSA, OAS,
Freedom of Information Act Requester
Service Center, at 202–219–3078 or via
email at travis.lewis@gsa.gov for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755.
Please cite GSPMR Case 2016–105–1.
SUPPLEMENTARY INFORMATION:
I. Background
GSA is amending the General
Services Administration’s regulations
SUMMARY:
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Availability of Agency Records and
Informational Materials was published
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*
Explanation
*
citation of publication] .........
29075 ..................................
citation of publication] .........
citation of publication] .........
citation of publication] .........
citation of publication] .........
8/24/2020, [Insert citation of publication] .........
8/24/2020, [Insert citation of publication] .........
FOR FURTHER INFORMATION CONTACT:
41 CFR Part 105–60
16:19 Aug 21, 2020
EPA approval date
implementing the Freedom of
Information Act (FOIA). The previous
published final rule inadvertently
excluded a subpart.
*
[FR Doc. 2020–16668 Filed 8–21–20; 8:45 am]
VerDate Sep<11>2014
State effective
date
Title/subject
[Insert
[Insert
[Insert
82 FR
[Insert
[Insert
82 FR
[Insert
[Insert
82 FR
[Insert
82 FR
82 FR
citation of publication] .........
citation of publication] .........
citation of publication] .........
17128 ..................................
citation of publication] .........
citation of publication] .........
17128 ..................................
citation of publication] .........
citation of publication] .........
17128 ..................................
citation of publication] .........
17128 ..................................
17128 ..................................
in the Federal Register at 85 FR 5137 on
January 29, 2020.
Subpart 41 CFR 105–60.6 was
inadvertently excluded when GSA
amended its regulations to incorporate
changes brought about by changes to the
Freedom of Information Act (FOIA) on
January 29, 2020.
II. Discussion of Changes
GSA is issuing this technical
amendment to reinstitute its regulations
pertaining to the Production or
Disclosure by Present or Former General
Services Administration Employees in
Response to Subpoenas or Similar
Demands in Judicial or Administrative
Proceedings. There is and was no
amendment to the language of the
specific regulations pertaining to the
Production or Disclosure by Present or
Former General Services Administration
Employees in Response to Subpoenas or
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]]>Agencies
[Federal Register Volume 85, Number 164 (Monday, August 24, 2020)]
[Rules and Regulations]
[Pages 52047-52049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16668]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0195; FRL-10012-66-Region 4]
Air Plan Approval; Georgia; Revision to I/M Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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 changes remove obsolete references, clarify the State's
inspection and maintenance (I/M) requirements, and update terminology,
including to reflect advances in technology. EPA evaluated the SIP
revision and determined the changes will not impact emissions under the
Georgia I/M program. EPA has determined 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 approving the Georgia's March 15, 2019, SIP revision because it
is consistent with the applicable provisions of the CAA.
DATES: This rule is effective September 23, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0195 at https://www.regulations.gov.
All documents in the docket are listed on the www.regulations.gov
website. Although listed in the index, some information may not be
publicly available, i.e., Confidential Business Information or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
www.regulations.gov or in hard copy at the 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. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section 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.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 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
[email protected].
SUPPLEMENTARY INFORMATION:
I. This Action
EPA is approving changes to the Georgia SIP that were provided to
EPA under a cover letter dated March 15, 2019.\1\ 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, 2019.\2\ The
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 changes include adding, removing,
and revising definitions applicable to the Georgia I/M Regulation.
---------------------------------------------------------------------------
\1\ EPA officially received Georgia's I/M SIP revision request
on March 21, 2019.
\2\ 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.
---------------------------------------------------------------------------
II. Background
Georgia's March 19, 2019 SIP revision contains changes to a number
of rules within the Georgia I/M Regulation to remove obsolete
references, clarify the State's I/M regulations, and update
terminology: 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, ``On-Road Testing of Exhaust Emissions by Remote
Sensing Technology or Other Means;'' Rule 391-3-20-.07, ``Inspection
Equipment System Specification;'' 391-3-20-.08, ``Quality Control and
Equipment Calibration Procedures;'' 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.''
In a notice of proposed rulemaking (NPRM) published on May 14, 2020
(85 FR 28919), EPA proposed to approve the above changes into the
Georgia SIP. The details of Georgia's submission and the rationale for
EPA's action are explained in the NPRM. Comments on the NPRM were due
on or before June 15, 2020. EPA did not receive any comments on the
NPRM. Therefore, EPA is finalizing approval of those changes in this
action.
In this final action, EPA is correcting an error in the NPRM
regarding the term ``Certification of Emission Inspection.'' In the
NPRM (Section III.A.2.b.), EPA stated that ``[t]he term `Certificate of
Emissions Inspection' is defined as a certificate issued to stations
that have been inspected and approved by GA EPD.'' Georgia Rule 391-
391-3-20-.01, ``Definitions,'' however, defines a ``Certificate of
Emissions Inspection'' as follows:
(f) ``Certificate of Emissions Inspection'' means an official
certificate that exhaust emissions, evaporative emissions, emission
control equipment, and on-board diagnostic equipment have been
inspected and approved in accordance with the Act and this Chapter.
Such certificates will be furnished to official emission inspection
stations by EPD to be completed and issued by such stations to the
owner or operator of a responsible motor vehicle upon inspection and
approval certifying that such responsible motor vehicle has been
inspected and complies with the inspection and maintenance required
by the Act and this Chapter.
[[Page 52048]]
Therefore, the term ``Certificate of Emissions Inspection'' is defined
as a certificate issued to the owner or operator of a motor vehicle
that has received an emission inspection.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 40 CFR
51.5, EPA is finalizing the incorporation by reference of 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 390-3-20-.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 at the EPA Region 4 Office (please contact the person identified in
the For Further Information Contact section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, 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 in the next update to
the SIP compilation.\3\
---------------------------------------------------------------------------
\3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Final Action
EPA is approving Georgia's March 15, 2019, SIP revision. The
changes revise sections of Georgia's Rule 391-3-20--Enhanced Inspection
and Maintenance. The changes update the SIP to remove obsolete
references, clarify the State's I/M requirements, and update
terminology, including to reflect advances in technology. These changes
include adding, removing, and revising definitions applicable to the
Georgia I/M Regulation. EPA is approving these changes because they are
consistent with the CAA and EPA's inspection and maintenance
regulations at 40 CFR part 51 subpart S.
V. Statutory and Executive Order Review
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. 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);
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, 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 October 23, 2020. 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. 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 23, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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.
[[Page 52049]]
Subpart (L)--Georgia
0
2. In Sec. 52.570 amend the table in paragraph (c) by:
0
a. Revising the entry for ``391-3-20''; and
0
b. Adding entries under ``Enhanced Inspection and Maintenance'' in
numerical order for ``391-3-20-.01, Definitions'', ``391-3-20-.02,
Covered Counties'', ``391-3-20-.03, Covered Vehicles; Exemptions'',
``391-3-20-.04, Emission Inspection Procedures'', ``391-3-20-.05,
Emission Standards'', ``391-3-20-.06, On-Road Testing of Exhaust
Emissions by Remote Sensing Technology or Other Means'', ``391-3-
20-.07, Inspection Equipment System Specifications'', ``391-3-20-.08,
Quality Control and Equipment Calibration Procedures'', ``391-3-20-.09,
Inspection Station Requirements'', ``391-3-20-.10, Certificates of
Authorization'', ``391-3-20-.11, Inspector Qualifications and
Certification'', ``391-3-20-.12, Schedules for Emission Inspections'',
``391-3-20-.13, Certificate of Emission Inspection'', ``391-3-20-.15,
Repairs and Retests'', ``391-3-20-.16, Extensions and Reciprocal
Inspections'', ``391-3-20-.17, Waivers'', ``391-3-20-.18, Sale of
Vehicles'', ``391-3-20-.19, Management Contractor'', ``391-3-20-.20,
Referee Program'', ``391-3-20-.21, Inspection Fees'', and ``391-3-
20-.22, Enforcement'', to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-20............... Enhanced Inspection and Maintenance
391-3-20-.01........... Definitions.............. 2/17/2019 8/24/2020, [Insert ..................
citation of
publication].
391-3-20-.02........... Covered Counties......... 1/9/2005 5/24/2007, 72 FR 29075.. ..................
391-3-20-.03........... Covered Vehicles; 2/17/2019 8/24/2020, [Insert ..................
Exemptions. citation of
publication].
391-3-20-.04........... Emission Inspection 3/28/2018 8/24/2020, [Insert ..................
Procedures. citation of
publication].
391-3-20-.05........... Emission Standards....... 3/28/2018 8/24/2020, [Insert ..................
citation of
publication].
391-3-20-.06........... On-Road Testing of 2/17/2019 8/24/2020, [Insert ..................
Exhaust Emissions by citation of
Remote Sensing publication].
Technology or Other
Means.
391-3-20-.07........... Inspection Equipment 3/28/2018 8/24/2020, [Insert ..................
System Specifications. citation of
publication].
391-3-20-.08........... Quality Control and 3/28/2018 8/24/2020, [Insert ..................
Equipment Calibration citation of
Procedures. publication].
391-3-20-.09........... Inspection Station 2/17/2019 8/24/2020, [Insert ..................
Requirements. citation of
publication].
391-3-20-.10........... Certificates of 3/28/2018 8/24/2020, [Insert ..................
Authorization. citation of
publication].
391-3-20-.11........... Inspector Qualifications 2/17/2019 8/24/2020, [Insert ..................
and Certification. citation of
publication].
391-3-20-.12........... Schedules for Emission 6/19/2014 4/10/2017, 82 FR 17128.. ..................
Inspections.
391-3-20-.13........... Certificate of Emission 3/28/2018 8/24/2020, [Insert ..................
Inspection. citation of
publication].
391-3-20-.15........... Repairs and Retests...... 3/28/2018 8/24/2020, [Insert ..................
citation of
publication].
391-3-20-.16........... Extensions and Reciprocal 6/19/2014 4/10/2017, 82 FR 17128.. ..................
Inspections.
391-3-20-.17........... Waivers.................. 2/17/2019 8/24/2020, [Insert ..................
citation of
publication].
391-3-20-.18........... Sale of Vehicles......... 3/28/2018 8/24/2020, [Insert ..................
citation of
publication].
391-3-20-.19........... Management Contractor.... 6/19/2014 4/10/2017, 82 FR 17128.. ..................
391-3-20-.20........... Referee Program.......... 3/28/2018 8/24/2020, [Insert ..................
citation of
publication].
391-3-20-.21........... Inspection Fees.......... 6/19/2014 4/10/2017, 82 FR 17128.. ..................
391-3-20-.22........... Enforcement.............. 6/19/2014 4/10/2017, 82 FR 17128.. ..................
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-16668 Filed 8-21-20; 8:45 am]
BILLING CODE 6560-50-P
