82_FR_22170 82 FR 22079 - Air Plan Approval; Georgia: Heavy Duty Diesel Requirements

82 FR 22079 - Air Plan Approval; Georgia: Heavy Duty Diesel Requirements

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 91 (May 12, 2017)

Page Range22079-22081
FR Document2017-09493

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).

Federal Register, Volume 82 Issue 91 (Friday, May 12, 2017)
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22079-22081]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09493]


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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 [email protected].

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



                                                                       Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations                                                22079

                                                § 52.2520    Identification of plan.                       (e) * * *
                                                *       *     *       *      *

                                                    Name of non-regulatory         Applicable              State               EPA approval date                          Additional explanation
                                                        SIP revision             geographic area        submittal date


                                                          *                       *                        *                      *                       *                     *                      *
                                                Section 110(a)(2) Infra-         Statewide ..........          11/17/15    5/12/17, [insert Federal       This action addresses the following CAA elements:
                                                  structure Requirements                                                     Register citation].            110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of sig-
                                                  for the 2012 PM2.5                                                                                        nificant deterioration), (D)(ii), (E), (F), (G), (H),
                                                  NAAQS.                                                                                                    (J), (K), (L), and (M), or portions thereof.



                                                [FR Doc. 2017–09504 Filed 5–11–17; 8:45 am]              electronically any information you                    on-road vehicle standards that differ
                                                BILLING CODE 6560–50–P                                   consider to be Confidential Business                  from the federal standards as long as
                                                                                                         Information (CBI) or other information                they are as protective in the aggregate as
                                                                                                         whose disclosure is restricted by statute.            federal standards. Later amendments to
                                                ENVIRONMENTAL PROTECTION                                 Multimedia submissions (audio, video,                 section 209 granted California the
                                                AGENCY                                                   etc.) must be accompanied by a written                authority to set emissions standards and
                                                                                                         comment. The written comment is                       regulations for some nonroad engines,
                                                40 CFR Part 52                                           considered the official comment and                   and section 177 was added to allow
                                                [EPA–R04–OAR–2016–0116; FRL–9961–44–                     should include discussion of all points               other states to adopt California
                                                Region 4]                                                you wish to make. EPA will generally                  standards. See CAA section 209(b), 42
                                                                                                         not consider comments or comment                      U.S.C. 7543(b). Section 177 of the CAA
                                                Air Plan Approval; Georgia: Heavy                        contents located outside of the primary               allows other states to adopt standards
                                                Duty Diesel Requirements                                 submission (i.e. on the Web, cloud, or                and test procedures identical to
                                                                                                         other file sharing system). For                       California’s. However, regardless of
                                                AGENCY: Environmental Protection                         additional submission methods, the full               whether a manufacturer receives CARB
                                                Agency (EPA).                                            EPA public comment policy,                            approval, all new motor vehicles and
                                                ACTION: Direct final rule.                               information about CBI or multimedia                   engines must still receive certification
                                                                                                         submissions, and general guidance on                  from EPA before the vehicle is
                                                SUMMARY:   The Environmental Protection                  making effective comments, please visit               introduced into commerce. If a state
                                                Agency (EPA) is approving changes to a                   https://www2.epa.gov/dockets/                         adopts CARB standards in lieu of the
                                                State Implementation Plan (SIP)                          commenting-epa-dockets.                               federal standards and then later removes
                                                revision submitted by the State of                       FOR FURTHER INFORMATION CONTACT:                      the requirement for the CARB standards,
                                                Georgia on January 25, 2016, for the                     Kelly Sheckler, Air Regulatory                        the Federal CAA vehicle standards will
                                                purpose of removing the requirements                     Management Section, Air Planning and                  apply in that state.
                                                for heavy duty diesel engines (HDDE),                    Implementation Branch, Air, Pesticides                   In 1994, the CARB approved a plan
                                                which bar the sale/lease or import in the                and Toxics Management Division, U.S.                  that called for emission standards for
                                                State of Georgia of any new HDDE that                    Environmental Protection Agency,                      highway heavy-duty diesel vehicles
                                                were not certified by the California Air                 Region 4, 61 Forsyth Street SW.,                      beginning in 2004. In June of 1995,
                                                Resources Board (CARB) to meet the                       Atlanta, Georgia 30303–8960. The                      CARB, EPA, and the manufacturers of
                                                emission standards of the California                     telephone number is (404) 562–9222,                   heavy-duty vehicle engines signed a
                                                HDDE rules. The removal of this rule                     Ms. Sheckler can also be reached via                  statement of principles (SOP) calling for
                                                will prevent regulatory confusion and                    electronic mail at sheckler.kelly@                    the harmonization of CARB and EPA
                                                make it clear that the more stringent                    epa.gov.                                              heavy-duty vehicle regulations.
                                                EPA emission standards for HDDE are                                                                               In 1998, the federal government and
                                                applicable. EPA is approving this SIP                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                               seven HDDE manufacturers entered into
                                                revision because the State has                           I. Background                                         consent decrees as a result of
                                                demonstrated that it is consistent with                                                                        enforcement actions that were brought
                                                                                                            The federal Clean Air Act (CAA)
                                                the Clean Air Act (CAA or Act).                          establishes the framework for                         against the manufacturers because a
                                                DATES: This direct final rule is effective               controlling mobile-source emissions in                majority of the diesel engine
                                                July 11, 2017 without further notice,                    the United States. During the                         manufacturers had programmed their
                                                unless EPA receives adverse comment                      development of the CAA in 1967,                       engines to defeat federal test procedures
                                                by June 12, 2017. If EPA receives such                   Congress recognized that the imposition               (FTP) through the use of a ‘‘defeat
                                                comments, it will publish a timely                       of many different state standards could               device.’’ As a part of the consent decree,
                                                withdrawal of the direct final rule in the               result in inefficiencies in vehicle                   the majority of the settling
                                                Federal Register and inform the public                   markets. Therefore, state-established                 manufacturers agreed to produce by
                                                that the rule will not take effect.                      emissions standards were preempted by                 October 1, 2002, engines that would
                                                ADDRESSES: Submit your comments,                         federal emissions standards in what is                meet supplemental test procedures
                                                identified by Docket ID No. EPA–R04–                     now section 209 of the CAA. A special                 including the Not-To-Exceed (NTE) test
mstockstill on DSK30JT082PROD with RULES




                                                OAR–2016–0116 at https://                                exemption to this federal preemption                  and the EURO III European Stationary
                                                www.regulations.gov. Follow the online                   was made in section 209 for California                Cycle (ESC) test. These requirements
                                                instructions for submitting comments.                    because of the state’s special air quality            were to be met for a period of two years.
                                                Once submitted, comments cannot be                       problems and pioneering efforts in the                   Recognizing the effectiveness of the
                                                edited or removed from Regulations.gov.                  control of air pollutants. This                       supplemental tests, EPA published a
                                                EPA may publish any comment received                     exemption, still in existence, gives the              notice of proposed rulemaking on
                                                to its public docket. Do not submit                      State of California the authority to set              October 29, 1999, see 64 FR 58472,


                                           VerDate Sep<11>2014    16:29 May 11, 2017   Jkt 241001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\12MYR1.SGM   12MYR1


                                                22080                 Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations

                                                proposing to adopt the supplemental                     began with the 2005 model year. This                     EPA is publishing this rule without
                                                standards and test procedures for 2004                  rule incorporated the December 8, 2000,               prior proposal because the Agency
                                                and subsequent model-year HDDEs.                        requirements of CARB for heavy duty                   views this as a noncontroversial
                                                However, because of statutory and legal                 diesel engines into the Georgia SIP for               submittal and anticipates no adverse
                                                timing constraints, the NTE and ESC                     the purpose of avoiding possible                      comments. However, in the proposed
                                                standards and test procedures were not                  ‘‘backsliding’’ in a former severe                    rules section of this Federal Register
                                                to be required until the 2007 model                     nonattainment area and potential                      publication, EPA is publishing a
                                                year. Therefore, once the consent decree                significant increases in diesel exhaust               separate document that will serve as the
                                                requirements would expire in 2004,                      emissions because of the lack of these                proposal to approve the SIP revision
                                                diesel engine manufacturers would no                    procedures in federal regulations for the             should adverse comments be filed. This
                                                longer be obligated to comply with the                  model years 2005 and 2006. EPA                        rule will be effective July 11, 2017
                                                supplemental test procedures in 2005                    approved Georgia SIP revision on July                 without further notice unless the
                                                and would be able to forgo the                          11, 2002. See 67 FR 45909.                            Agency receives adverse comments by
                                                supplemental testing until the 2007                        Subsequently, EPA addressed the                    June 12, 2017.
                                                model year, when the federal rules came                 NTE standards for model years 2005 and                   If EPA receives such comments, then
                                                into effect. In anticipation of this                    2006 by proposing a new rule on June                  EPA will publish a document
                                                regulatory gap, on December 8, 2000,                    21, 2004, that included a two-phase                   withdrawing the final rule and
                                                California finalized a rule under section               NTE testing scheme for all pollutants.                informing the public that the rule will
                                                1956.8 of the California Code of                        See 69 FR 34326. The final rule                       not take effect. All public comments
                                                Regulations requiring HDDE                              adopting these requirements for 2005                  received will then be addressed in a
                                                manufacturers to perform the NTE and                    and newer model-year HDDE and                         subsequent final rule based on the
                                                the ESC supplemental test procedures in                 heavy-duty on-highway vehicles was                    proposed rule. EPA will not institute a
                                                addition to the existing FTP.                           published in the Federal Register on                  second comment period. Parties
                                                   On October 6, 2000, EPA’s final rule                 June 14, 2005. See 70 FR 34594. When                  interested in commenting should do so
                                                on the Control of Emissions of Air                      EPA finalized its rule adopting test                  at this time. If no such comments are
                                                Pollution from 2004 and Later Model                                                                           received, the public is advised that this
                                                                                                        requirements for 2005 and newer
                                                Year Heavy-Duty Highway Engines and                                                                           rule will be effective on July 11, 2017
                                                                                                        models, the regulatory gap that
                                                Vehicles; Revision of Light-Duty On-                                                                          and no further action will be taken on
                                                                                                        prompted Georgia’s adoption of the
                                                Board Diagnostics Requirements was                                                                            the proposed rule.
                                                                                                        CARB standards was eliminated.
                                                issued. See 65 FR 59896. However, as
                                                explained above, it did not include the                 II. Analysis of State’s Submittal                     IV. Statutory and Executive Order
                                                NTE standards for model years 2005 and                                                                        Reviews
                                                2006.                                                      On January 25, 2016, Georgia
                                                                                                        submitted to EPA a SIP revision to                       Under the CAA, the Administrator is
                                                   On December 28, 2001, Georgia
                                                                                                        remove from the SIP the version of                    required to approve a SIP submission
                                                submitted a SIP revision which
                                                                                                        Georgia Rule 391–3–1–.02(2)(ooo)—                     that complies with the provisions of the
                                                contained Rule 391–3–1–.02(2)(ooo)
                                                                                                        Heavy Duty Diesel Requirements, that                  Act and applicable federal regulations.
                                                ‘‘Heavy Duty Diesel Engine
                                                                                                        was approved into the Georgia SIP on                  See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                Requirements.’’ The Georgia Heavy-
                                                                                                        July 11, 2002. Georgia requested                      Thus, in reviewing SIP submissions,
                                                Duty Diesel Engine Requirements Rule
                                                                                                        removal of the California standards                   EPA’s role is to approve state choices,
                                                adopted and incorporated by reference
                                                                                                        approved into its SIP because the new                 provided that they meet the criteria of
                                                the exhaust emission standards (and
                                                                                                        federal standard requires the                         the CAA. Accordingly, this action
                                                associated performance test procedures)
                                                for model year 2005 and subsequent                      manufacturers to meet emission limits                 merely approves state law as meeting
                                                model year heavy-duty diesel engines.                   that are equivalent to the California                 federal requirements and does not
                                                The Rule required that any new on-road                  standards. The Federal CAA standards                  impose additional requirements beyond
                                                heavy-duty diesel vehicle or engine                     for vehicles and fuel will replace the                those imposed by state law. For that
                                                sold, leased, rented, imported or                       CARB standards and will, in the                       reason, this action:
                                                delivered in the state must have a CARB                 absence of the incorporated CARB                         • Is not a ‘‘significant regulatory
                                                Executive Order (a vehicle certification                standards, apply in Georgia. The                      action’’ subject to review by the Office
                                                issued by CARB to vehicle                               removal of this rule will prevent                     of Management and Budget under
                                                manufacturers). This requirement was                    regulatory confusion and will clarify                 Executive Order 12866 (58 FR 51735,
                                                also imposed on any new on-road                         that the more stringent EPA emission                  October 4, 1993) and 13563 (76 FR 3821,
                                                heavy-duty diesel vehicle or engine                     standards for HDDE are applicable. The                January 21, 2011);
                                                leased, purchased, acquired, or received                removal of Georgia Rule 391–3–1–                         • does not impose an information
                                                or offered for sale, lease or rent. The                 .02(2)(ooo) will not interfere with                   collection burden under the provisions
                                                Heavy-Duty Diesel Engine Requirements                   attainment or reasonable further                      of the Paperwork Reduction Act (44
                                                Rule required any ‘‘person’’ who                        progress, or any other applicable                     U.S.C. 3501 et seq.);
                                                imports, sells, delivers, leases, or rents              requirement of the Act because the                       • is certified as not having a
                                                an engine or motor vehicle that is                      federal standards are applicable.                     significant economic impact on a
                                                subject to the rule to retain records                                                                         substantial number of small entities
                                                                                                        III. Final Action                                     under the Regulatory Flexibility Act (5
                                                concerning the transaction for at least 3
                                                years following the transaction and to                     EPA is taking final action to approve              U.S.C. 601 et seq.);
                                                                                                                                                                 • does not contain any unfunded
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                                                submit annually a report documenting                    the SIP revision submitted by Georgia
                                                the total sales and/or leases of engines                on January 25, 2016, to remove Georgia                mandate or significantly or uniquely
                                                and motor vehicles for each engine                      Rule 391–3–1–.02(2)(ooo) Heavy Duty                   affect small governments, as described
                                                family over the calendar year in Georgia.               Diesel Engine Requirements from the                   in the Unfunded Mandates Reform Act
                                                The requirement that new on-road                        Georgia SIP. EPA has determined that                  of 1995 (Pub. L. 104–4);
                                                heavy-duty diesel vehicles or engines                   Georgia’s January 25, 2016, SIP revision                 • does not have Federalism
                                                must have a CARB Executive Order                        is consistent with the CAA.                           implications as specified in Executive


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                                                                      Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations                                            22081

                                                Order 13132 (64 FR 43255, August 10,                    action published in the proposed rules                requirements for the 2010 nitrogen
                                                1999);                                                  section of today’s Federal Register,                  dioxide (NO2) and 2010 sulfur dioxide
                                                   • is not an economically significant                 rather than file an immediate petition                (SO2) NAAQS.
                                                regulatory action based on health or                    for judicial review of this direct final
                                                safety risks subject to Executive Order                 rule, so that EPA can withdraw this                   DATES: This final rule is effective June
                                                13045 (62 FR 19885, April 23, 1997);                    direct final rule and address the                     12, 2017.
                                                   • is not a significant regulatory action             comment in the proposed rulemaking.                   ADDRESSES:    The EPA has established a
                                                subject to Executive Order 13211 (66 FR                 This action may not be challenged later               docket for this action under Docket ID
                                                28355, May 22, 2001);                                   in proceedings to enforce its                         No. EPA–R10–OAR–2016–0133. All
                                                   • is not subject to requirements of                  requirements. See section 307(b)(2).                  documents in the docket are listed on
                                                Section 12(d) of the National
                                                                                                        List of Subjects in 40 CFR Part 52                    the https://www.regulations.gov Web
                                                Technology Transfer and Advancement
                                                                                                                                                              site. Although listed in the index, some
                                                Act of 1995 (15 U.S.C. 272 note) because                  Environmental protection, Air
                                                application of those requirements would                                                                       information may not be publicly
                                                                                                        pollution control, Incorporation by                   available, i.e., Confidential Business
                                                be inconsistent with the CAA; and                       reference, Ozone, Reporting and
                                                   • does not provide EPA with the                                                                            Information or other information the
                                                                                                        recordkeeping requirements, Volatile                  disclosure of which is restricted by
                                                discretionary authority to address, as                  organic compounds.
                                                appropriate, disproportionate human                                                                           statute. Certain other material, such as
                                                health or environmental effects, using                    Dated: March 15, 2017.                              copyrighted material, is not placed on
                                                practicable and legally permissible                     V. Anne Heard,                                        the Internet and is publicly available
                                                methods, under Executive Order 12898                    Acting Regional Administrator, Region 4.              only in hard copy form. Publicly
                                                (59 FR 7629, February 16, 1994).                                                                              available docket materials are available
                                                                                                            40 CFR part 52 is amended as follows:
                                                   In addition, the SIP is not approved                                                                       at https://www.regulations.gov or at EPA
                                                to apply on any Indian reservation land                 PART 52—APPROVAL AND                                  Region 10, Office of Air and Waste, 1200
                                                or in any other area where EPA or an                    PROMULGATION OF                                       Sixth Avenue, Seattle, Washington
                                                Indian tribe has demonstrated that a                    IMPLEMENTATION PLANS                                  98101. The EPA requests that you
                                                tribe has jurisdiction. In those areas of                                                                     contact the person listed in the FOR
                                                Indian country, the rule does not have                  ■ 1. The authority citation for part 52               FURTHER INFORMATION CONTACT section
                                                tribal implications as specified by                     continues to read as follows:                         below, to schedule your inspection. The
                                                Executive Order 13175 (65 FR 67249,                         Authority: 42 U.S.C. 7401 et seq.                 Regional Office’s official hours of
                                                November 9, 2000), nor will it impose                                                                         business are Monday through Friday,
                                                substantial direct costs on tribal                      Subpart L—Georgia                                     8:30 a.m. to 4:30 p.m., excluding federal
                                                governments or preempt tribal law.                                                                            holidays.
                                                   The Congressional Review Act, 5                      § 52.570    [Amended]
                                                U.S.C. 801 et seq., as added by the Small                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                        ■ 2. Amend § 52.570(c) by removing the
                                                Business Regulatory Enforcement                                                                               Kristin Hall, Air Planning Unit, Office of
                                                                                                        entry for ‘‘391–3–1–.02(2)(ooo).’’
                                                Fairness Act of 1996, generally provides                                                                      Air and Waste (OAW–150),
                                                                                                        [FR Doc. 2017–09493 Filed 5–11–17; 8:45 am]           Environmental Protection Agency—
                                                that before a rule may take effect, the
                                                agency promulgating the rule must
                                                                                                        BILLING CODE 6560–50–P                                Region 10, 1200 Sixth Ave., Seattle, WA
                                                submit a rule report, which includes a                                                                        98101; telephone number: (206) 553–
                                                copy of the rule, to each House of the                                                                        6357; email address: hall.kristin@
                                                                                                        ENVIRONMENTAL PROTECTION                              epa.gov.
                                                Congress and to the Comptroller General                 AGENCY
                                                of the United States. EPA will submit a
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                report containing this action and other                 40 CFR Part 52                                        Throughout this document wherever
                                                required information to the U.S. Senate,
                                                                                                        [EPA–R10–OAR–2016–0133; FRL–9961–93–                  ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
                                                the U.S. House of Representatives, and
                                                                                                        Region 10]                                            intended to refer to the EPA.
                                                the Comptroller General of the United
                                                States prior to publication of the rule in              Approval and Promulgation of                          Table of Contents
                                                the Federal Register. A major rule                      Implementation Plans; Alaska:                         I. Background
                                                cannot take effect until 60 days after it               Infrastructure Requirements for the                   II. Response to Comment
                                                is published in the Federal Register.                   2010 Nitrogen Dioxide and 2010 Sulfur                 III. Final Action
                                                This action is not a ‘‘major rule’’ as                  Dioxide Standards                                     IV. Statutory and Executive Orders Review
                                                defined by 5 U.S.C. 804(2).
                                                   Under section 307(b)(1) of the CAA,                  AGENCY:  Environmental Protection                     I. Background
                                                petitions for judicial review of this                   Agency (EPA).
                                                action must be filed in the United States               ACTION: Final rule.
                                                                                                                                                                On May 12, 2015, Alaska submitted a
                                                Court of Appeals for the appropriate                                                                          SIP to meet the infrastructure
                                                circuit by July 11, 2017. Filing a petition             SUMMARY:  Whenever a new or revised                   requirements of Clean Air Act (CAA)
                                                for reconsideration by the Administrator                National Ambient Air Quality Standard                 sections 110(a)(1) and (2) for the 2010
                                                of this final rule does not affect the                  (NAAQS) is promulgated, each state                    NO2 and 2010 SO2 NAAQS. On July 20,
                                                finality of this action for the purposes of             must submit a plan for the                            2016, the EPA proposed to approve the
                                                judicial review nor does it extend the                  implementation, maintenance and                       submission as meeting certain
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                                                time within which a petition for judicial               enforcement of such standard—                         infrastructure requirements (81 FR
                                                review may be filed, and shall not                      commonly referred to as infrastructure                47103). Please see our proposed
                                                postpone the effectiveness of such rule                 requirements. The Environmental                       rulemaking for further explanation and
                                                or action. Parties with objections to this              Protection Agency (EPA) is approving                  the basis for our finding. The public
                                                direct final rule are encouraged to file a              the May 12, 2015 Alaska State                         comment period for this proposal ended
                                                comment in response to the parallel                     Implementation Plan (SIP) submission                  on August 19, 2016. We received one
                                                notice of proposed rulemaking for this                  as meeting the infrastructure                         comment, from Robert Ukeiley.


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Document Created: 2017-05-12 01:09:03
Document Modified: 2017-05-12 01:09:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactKelly 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 [email protected]
FR Citation82 FR 22079 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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