88310 Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Proposed Rules 

1On November 6, 1991, EPA designated and 

classified the following counties in and around the 

Atlanta, Georgia, metropolitan area as a serious 

ozone nonattainment area for the 1-hour ozone 

NAAQS: Cherokee, Clayton, Cobb, Coweta, DeKalb, 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

Georgia EPD did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this proposed 

action. Consideration of EJ is not 

required as part of this proposed action, 

and there is no information in the 

record inconsistent with the stated goal 

of E.O. 12898 of achieving 

environmental justice for people of 

color, low-income populations, and 

Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: December 14, 2023. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2023–28085 Filed 12–20–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0630; FRL–11582– 

01–R4] 

Air Plan Approval; Georgia; Vehicle 

Inspection and Maintenance Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Georgia through the Georgia Department 

of Natural Resources (GA DNR), 

Environmental Protection Division 

(EPD), on June 8, 2022, and on June 6, 

2023. Georgia’s June 8, 2022, SIP 

revision (hereinafter referred to as 

Georgia’s 2022 I/M SIP revision) 

removes obsolete references and 

provisions; updates the State’s 

inspection and maintenance (I/M) 

requirements; updates terminology, in 

part to reflect advances in test and 

vehicle technology; and makes other 

minor changes. The June 6, 2023, SIP 

revision (hereinafter referred to as 

Georgia’s 2023 I/M SIP revision) 

removes outdated terminology; updates 

with new terminology; removes one 

requirement; and makes other minor 

changes to Georgia’s enhanced I/M 

program. EPA is proposing to approve 

these changes pursuant to the Clean Air 

Act (CAA or Act). 

DATES: Comments must be received on 

or before January 22, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2022–0630 at 

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 

www.epa.gov/dockets/commenting-epadockets. 

FOR FURTHER INFORMATION CONTACT: 

Weston Freund, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

8773. Mr. Freund can also be reached 

via electronic mail at freund.weston@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Below provides the background for 

EPA’s proposed actions on Georgia’s 

2022 and 2023 I/M SIP revisions that 

were submitted to EPA by GA DNR on 

June 8, 2022, and on June 6, 2023, 

respectively. 

The CAA requires areas that are 

designated as moderate, serious, severe, 

or extreme ozone nonattainment areas to 

establish motor vehicle I/M programs to 

ensure regular monitoring of gasoline 

fueled motor vehicle emissions. See 

CAA sections 182(b)(4), (c)(3). The 

required monitoring is performed by 

periodic emissions testing of vehicles. 

See CAA sections 182(a)(2)(B), (c)(3). 

This emissions testing ensures that 

vehicles are well-maintained and 

operating as designed and that they do 

not exceed established vehicle pollutant 

limits. A basic I/M program is required 

for moderate ozone nonattainment 

areas, and an enhanced I/M program is 

required for serious, severe, or extreme 

ozone nonattainment areas. 

In 1991, EPA classified a 13-county 

area in and around the Atlanta, Georgia, 

metropolitan area as a serious ozone 

nonattainment area for the 1979 1-hour 

ozone national ambient air quality 

standards (NAAQS or standard), 

triggering the requirement for the State 

to establish an enhanced I/M program 

for the area.1 In 1996, Georgia submitted 


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Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, 

Paulding, and Rockdale. See 56 FR 56694. 

2The nonattainment area for the 1997 8-hour 

ozone standard consisted of the following counties: 

Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, 

Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 

Gwinnett, Hall, Henry, Newton, Paulding, 

Rockdale, Spalding, and Walton. 

3The nonattainment area for the 2008 8-hour 

ozone standard consisted of the following counties: 

Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, 

Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, 

Newton, Paulding, and Rockdale. 

4The nonattainment area for the 2015 8-hour 

ozone standard consists of the following counties: 

Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett, 

and Henry. 

5See CAA section 110(l). 

its enhanced I/M program to EPA for 

incorporation into the SIP. EPA granted 

interim approval of the State’s program 

in 1997 and full approval in 2000. See 

62 FR 42916 (August 11, 1997) and 65 

FR 4133 (January 26, 2000), 

respectively. Despite that approval, the 

13-county area failed to attain the 1- 

hour ozone NAAQS by the November 

15, 1999, the CAA deadline for serious 

ozone nonattainment areas. EPA issued 

a final rulemaking action on September 

26, 2003 (68 FR 55469), to reclassify the 

area to severe ozone nonattainment. 

Subsequently, this area attained the 1- 

hour ozone NAAQS and EPA 

redesignated the area to attainment. See 

70 FR 34660 (June 15, 2005). In 

addition, on April 30, 2004, EPA issued 

a final rulemaking action (69 FR 23951) 

to revoke the 1979 1-hour ozone 

NAAQS, effective June 15, 2005. 

On July 18, 1997 (62 FR 38856), EPA 

established an 8-hour ozone NAAQS 

and subsequently designated areas. On 

April 30, 2004 (69 FR 23858), EPA 

designated a 20-county area in and 

around metropolitan Atlanta as a 

marginal ozone nonattainment area for 

the 1997 8-hour ozone NAAQS.2 EPA 

reclassified this area as a moderate 

ozone nonattainment area on March 6, 

2008 (73 FR 12013), because the area 

failed to attain the 1997 8-hour ozone 

NAAQS by the required attainment date 

of June 15, 2007. Subsequently, the area 

attained the 1997 8-hour ozone 

standard, and on December 2, 2013 (78 

FR 72040), EPA redesignated the area to 

attainment. 

On March 12, 2008, EPA revised the 

8-hour ozone NAAQS. See 73 FR 16436 

(March 27, 2008). EPA designated a 15- 

county area in and around metropolitan 

Atlanta as a marginal ozone 

nonattainment area for the 2008 8-hour 

ozone NAAQS on April 30, 2012 

(effective July 20, 2012).3 See 77 FR 

30088 (May 21, 2012). EPA reclassified 

these counties as a moderate ozone 

nonattainment area on May 4, 2016 

(effective June 3, 2016), because the area 

failed to attain the 2008 8-hour ozone 

NAAQS by the required attainment date 

of July 20, 2015. See 81 FR 26697 (May 

4, 2016). Subsequently, the area attained 

the 2008 8-hour ozone standard and 

EPA redesignated the area to attainment. 

See 82 FR 25523 (June 2, 2017). 

On October 1, 2015, EPA again 

revised the 8-hour ozone NAAQS. See 

80 FR 65292 (October 26, 2015). EPA 

designated a 7-county area in and 

around metropolitan Atlanta as a 

marginal ozone nonattainment area for 

the 2015 8-hour ozone NAAQS on April 

30, 2018 (effective August 3, 2018).4 See 

83 FR 25776 (June 4, 2018). 

Subsequently, the area attained the 2015 

8-hour ozone standard and EPA 

redesignated the area to attainment. See 

87 FR 62733 (October 17, 2022). 

EPA is proposing to approve changes 

to the I/M regulations in Chapter 391– 

3–20—Enhanced Inspection and 

Maintenance of Georgia’s SIP that were 

provided to EPA through a cover letter 

dated June 8, 2022. Specifically, 

Georgia’s 2022 I/M SIP revision seeks to 

update Rule 391–3–20–.01—Definitions; 

Rule 391–3–20–.04—Emission 

Inspection Procedures; Rule 391–3–20– 

05—Emission Standards; 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–.22—Enforcement. 

Further, EPA is proposing to approve 

additional changes to Georgia’s I/M 

regulations that were provided to EPA 

through a cover letter dated June 6, 

2023. Specifically, Georgia’s 2023 I/M 

SIP revision seeks to update 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; and Rule 391–3– 

20–.11, Inspector Qualifications and 

Certification. 

Collectively, the proposed changes 

remove obsolete references and 

provisions, update Georgia’s I/M 

requirements, update terminology, 

correct punctuation, and make other 

minor changes to Georgia’s SIPapproved I/M requirements. EPA is 

proposing to find that the changes 

submitted by Georgia will not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

CAA requirement.5 Thus, EPA is 

proposing to approve the changes to 

Georgia’s SIP as submitted in Georgia’s 

2022 and 2023 I/M SIP revisions. 

Section III, below, provides a summary 

of these changes and EPA’s analysis. 

II. EPA’s Analysis of Georgia’s 

Submittals 

A. Rule 391–3–20–.01, ‘‘Definitions’’ 

Both Georgia’s 2022 and 2023 I/M SIP 

revisions update Rule 391–3–20–.01, 

Definitions. Georgia’s 2022 I/M SIP 

revision makes a minor change to one 

definition. Georgia’s 2023 I/M SIP 

revision makes further changes to Rule 

391–3–20–.01 by adding a definition, 

removing two definitions, revising one 

definition, making minor grammatical 

changes in three definitions, and then 

renumbering the section to reflect these 

changes. 

Georgia’s 2022 I/M SIP revision 

updates the definition for ‘‘Emission 

Inspection’’ in Rule 391–3–20–.01. The 

revision changes the order of tests and 

inspections listed in the definition. 

Specifically, the ‘‘on-board diagnostic 

system check’’ test is moved to the 

beginning of listed tests and 

inspections, and the ‘‘exhaust emissions 

test’’ is moved to the end of the list. The 

purpose of this change is to highlight 

the more current widespread use of 

OBD as the primary method used for 

emission tests. Since this minor update 

does not change any applicable limits or 

requirements, it will have no impact on 

emissions and is consistent with CAA 

requirements. 

Georgia’s 2023 I/M SIP revision 

further updates Rule 391–3–20–.01 by 

adding a definition, removing two 

definitions, revising one definition, 

making minor grammatical changes in 

three definitions, and then renumbering 

the section to reflect these changes. 

First, the revision adds a definition for 

‘‘Biometrics.’’ The revision adds this 

definition to reflect another method of 

identification that can be used by an 

inspector to initiate an inspection. 

Specifically, inspectors will now be able 

to use their own biometric login in lieu 

of using their personal access code to 

perform and record any inspections. 

Second, the revision removes the 

definitions ‘‘Grandfathered Vehicle’’ 

and ‘‘Gray Market Vehicle’’ since both 

are encompassed in the newly revised 

definition of ‘‘Non-conforming 

Vehicle.’’ The new definition for ‘‘Nonconforming Vehicle’’ applies to those 

vehicles that have not obtained an EPA 

certification or ones that have an 

emissions control component that is 

obsolete according to the manufacturer. 

Further, the revision to this definition 

adds that vehicles that qualify as nonconforming ‘‘would be subject to an 

alternative tail pipe emissions standard 


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6See email from Anna Aponte, GA EPD, to Josue 

Ortiz Borrero, EPA Region 4 (November 16, 2023), 

available in the docket for this proposed 

rulemaking. 

based upon its model year to obtain a 

vehicle registration in the Georgia 

covered counties.’’ Since neither 

grandfathered vehicles nor gray market 

vehicles have EPA certification, both 

types of vehicles fall under the new 

definition for ‘‘Non-conforming 

Vehicle,’’ so removal of ‘‘Grandfathered 

Vehicle’’ and ‘‘Gray Market Vehicle’’ 

from the SIP does not result in any 

changes. Subsequent subparagraphs are 

being renumbered to reflect these 

changes. Third, the revision makes 

stylistic changes to the definitions of 

‘‘Light Duty Truck,’’ and ‘‘Light Duty 

Vehicle,’’ by adding commas to numbers 

to aid with their readability. Finally, the 

revision corrects a grammatical mistake 

in the definition for ‘‘Time Extension’’ 

by removing an unnecessary period. 

Given the nature of these changes, they 

have no impact on emissions and are 

consistent with CAA requirements. 

B. Rule 391–3–20–.03, ‘‘Covered 

Vehicles; Exemptions’’ 

Georgia’s 2023 I/M SIP revision 

updates Rule 391–3–20–.03, Covered 

Vehicles; Exemptions, by removing 

outdated terminology, removing one 

requirement, making one stylistic 

change, and one minor grammatical 

change. First, the revision updates 

paragraph 391–3–20–.03(8) by removing 

the first sentence which states that 

‘‘Provisions for grandfathered vehicles, 

i.e., gray market vehicles, kit cars, hot 

rods, and non-conforming vehicles are 

described in this subparagraph’’ and by 

removing the term ‘‘gray market’’ from 

the second sentence. Neither kit cars nor 

hot rod vehicles have EPA certification, 

so both vehicles fall under the new 

definition for ‘‘Non-conforming 

Vehicle’’ in addition to those vehicles 

that were previously considered 

grandfathered or gray market. Second, 

the revision removes the last sentence of 

the paragraph which states that kit cars 

and hot rods which are newly registered 

in the counties subject to I/M after 

December 31, 1998, are not eligible for 

special inspection standards. According 

to GA EPD, it has granted nonconforming status to 91 kit cars and hot 

rods since 2007.6 As a result of the 

proposed change to the last sentence of 

391–3–20–.03(8), these 91 vehicles 

would now be eligible for a special 

inspection standard. Further, GA EPD 

stated that 3.3 million emission 

inspection tests were performed in 2022 

alone. Given this proportionality, to the 

extent that kit cars and hot rods are now 

eligible for a special inspection 

standard, EPA does not believe that this 

change would interfere with any 

applicable requirement concerning 

attainment or any other applicable CAA 

requirement. Third, the revision makes 

a stylistic change to subparagraph 391– 

3–20–.03(1)(b), adding a comma to ease 

with the readability of a number. 

Finally, the revision updates paragraph 

391–3–20–.03(3) with a grammatical 

correction by removing a comma. Given 

the nature of these changes, EPA is 

proposing to find that they are 

consistent with CAA requirements, 

including 110(l). 

C. Rule 391–3–20–.04, ‘‘Emission 

Inspection Procedures’’ 

Both Georgia’s 2022 and 2023 I/M SIP 

revisions update Rule 391–3–20–.04, 

Emission Inspection Procedures. 

Georgia’s 2022 I/M SIP revision removes 

obsolete language related to an outdated 

testing requirement. Georgia’s 2023 I/M 

SIP revision further changes Rule 391– 

3–20–.04 by updating terminology. 

Georgia’s 2022 I/M SIP revision 

updates Rule 391–3–20–.04, Emission 

Inspection Procedures, by removing 

obsolete language related to an outdated 

testing requirement. Specifically, the 

revision updates paragraph 391–3–20– 

.04(1) by removing a requirement that 

an emission inspector check whether a 

vehicle has ‘‘tires with cords exposed’’ 

prior to inspecting it. The outdated 

Acceleration Simulation Mode (ASM) 

inspection test was performed on a 

dynamometer, so the inspector was 

required to look for any tires with cords 

exposed because they could pose a 

safety risk during the test. The ASM test 

was removed as an inspection test from 

the Georgia SIP in 2022 because all 

vehicles covered under the Georgia I/M 

program could be inspected using the 

OBD inspection or TSI test instead. See 

87 FR 41080 (July 11, 2022). Since the 

ASM test is no longer part of Georgia’s 

I/M program, this change has no impact 

on emissions and is consistent with 

CAA requirements. 

Georgia’s 2023 I/M SIP revision 

further updates Rule 391–3–20–.04, 

Emission Inspection Procedures, by 

updating terminology in a 

subparagraph. Specifically, the term 

‘‘non-conforming’’ replaces the term 

‘‘grandfathered’’ to describe vehicles 

subject to the emission inspection 

procedures in subparagraph 391–3–20– 

.04(2)(c) and its corresponding 

subsections. This subparagraph and its 

corresponding subsections outline 

emission inspection procedures for nonconforming vehicles. As mentioned in 

subsection III.A of this document, the 

definition for ‘‘Grandfathered Vehicle’’ 

has been removed from the enhanced I/ 

M rules, and instead, the newly revised 

definition for ‘‘Non-conforming 

Vehicle’’ covers these vehicles as well 

as others. Given the nature of these 

changes, they have no impact on 

emissions and are consistent with CAA 

requirements. 

D. Rule 391–3–20–.05, ‘‘Emission 

Standards’’ 

Both Georgia’s 2022 and 2023 I/M SIP 

revisions update Rule 391–3–20–.05, 

Emission Standards. Georgia’s 2022 I/M 

SIP revision makes one language change 

and reorders subparagraphs to reflect 

technological advances in testing. 

Georgia’s 2023 I/M SIP revision further 

changes Rule 391–3–20–.05 by updating 

terminology to be consistent with new 

definitions the EPA is acting on in this 

notice. 

Georgia’s 2022 I/M SIP revision 

updates Rule 391–3–20–.04, Emission 

Inspection Procedures, by making one 

language change and reordering 

subparagraphs to reflect the more 

widespread use of OBD testing. First, 

the revision updates paragraph 391–3– 

20–.05(2) to change the order of a list of 

inspection tests a vehicle subject to the 

I/M program must pass. Specifically, the 

OBD test is moved to the beginning of 

listed inspection tests, and the exhaust 

emissions test is moved to the end of the 

list. This change reflects the current, 

wider-spread use of the OBD test for 

inspection of motor vehicles as 

compared to exhaust emissions tests. 

Second, the revision changes the order 

of the exhaust emission testing 

requirements and OBD testing 

requirements, which were previously 

outlined in subparagraphs 391–3–20– 

.05(2)(b) and 391–3–20.05(2)(d), 

respectively. The revision switches the 

order of these testing requirements so 

now the OBD testing requirements are 

housed in subparagraph 391–3–20– 

.05(2)(b) and the requirements for 

exhaust emissions tests are in 

subparagraph 391–3–20–.05(2)(d). This 

change has also been made to reflect the 

wider-spread use of OBD tests as 

compared to exhaust emissions tests for 

motor vehicles subject to the Georgia I/ 

M program. Given the nature of these 

changes, they have no impact on 

emissions and are consistent with CAA 

requirements. 

Georgia’s 2023 I/M SIP revision 

updates Rule 391–3–20–.05, Emission 

Standards, by removing references to 

hot rods in one subparagraph, and 

references to gray market vehicles and 

grandfathered vehicles in another 

subparagraph, replacing them all with 

references to ‘‘non-conforming’’ 

vehicles. First, in subparagraph 391–3– 


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20–.05(2)(a)4., the revision replaces the 

term ‘‘hot rod’’ with ‘‘non-conforming’’ 

in describing vehicles that shall pass the 

tampering inspection if either the 

original vehicle or the replacement 

engine was equipped with a catalytic 

converter and a catalytic converter has 

been installed. Since the new definition 

for non-conforming vehicle covers hot 

rods as well as certain other vehicle 

types, the applicability of this 

subparagraph expands, thus making it 

more stringent. Second, in subparagraph 

391–3–20–.05(2)(d)2., references to 

‘‘gray market’’ vehicles and 

‘‘grandfathered’’ vehicles are removed. 

The result of this change is that the new 

rule describes when a vehicle defined as 

non-conforming is considered to have 

passed an exhaust emissions test. Since 

the new definition for non-conforming 

covers all gray market vehicles and 

grandfathered vehicles, the applicability 

of the subparagraph has not changed. 

Given the nature of these changes, they 

have no impact on emissions and are 

consistent with CAA requirements. 

E. Rule 391–3–20–.09, ‘‘Inspection 

Station Requirements’’ 

Georgia’s 2022 I/M SIP revision 

updates Rule 391–3–20–.09, Inspection 

Station Requirements, by removing 

outdated language, making one stylistic 

change, removing unnecessary language, 

and adding clarifying language. First, 

the revision removes outdated language 

from subparagraph 391–3–20–.09(2)(g) 

that requires the air intakes on both the 

Georgia Analyzer System (GAS) and the 

vehicle being inspected to be exposed to 

the same ambient temperature, pressure, 

and humidity conditions throughout an 

inspection. The outdated ASM test was 

sensitive to changes in temperature, 

pressure, and humidity during 

inspection, whereas the OBD and TSI 

tests are not. Since the ASM test is no 

longer part of the Georgia I/M program, 

the removal of this language will not 

impact emissions. In subparagraph 391– 

3–20–.09(2)(i), the revision makes some 

minor changes to several of its 

corresponding subsections. First, in 

subsection 391–3–20–.09(2)(i)(3) of the 

rule, the revision makes a stylistic, word 

choice change by replacing the phrase 

‘‘tie into’’ with ‘‘connect to’’ in 

describing a secure internet connection 

that should connect GAS to each 

Vehicle Information Database (VID). 

Next, in subsection 391–3–20– 

.09(2)(i)(7) of the rule, the phrase 

‘‘capable of performing OBD system 

checks’’ is deleted because all 

inspection stations are now required to 

be capable of performing OBD system 

checks, making the language redundant. 

Previously, Georgia had stations that 

that only tested older cars which did not 

have OBD systems, so this language was 

necessary. Finally, in subsection 391–3– 

20–.09(2)(i)(8), language is added 

indicating that a station owner will 

receive the currently applicable version 

of the Emissions Inspector Certification 

Training Program Manual during the 

inspector certification. Given the nature 

of these changes, they have no impact 

on emissions and are consistent with 

CAA requirements. 

F. Rule 391–3–20–.10, ‘‘Certificates of 

Authorization’’ 

Georgia’s 2022 I/M SIP revision 

updates Rule 391–3–20–.10, Certificates 

of Authorization, by adding a new 

requirement. Specifically, the added 

language now requires station owners 

who intend to renew their Certificate of 

Authorization to operate an inspection 

station to apply for renewal at least 30 

days prior to the expiration date of the 

existing certification. Previously, the 

language said that station owners ‘‘may 

apply’’ but this is now updated to say 

that they ‘‘must apply’’ at least 30 days 

prior to the expiration of the existing 

certificate. Additionally, the revision 

clarifies that this subparagraph 

requiring a renewal application refers to 

‘‘station owners intending to renew 

their certificate.’’ This is simply 

clarifying language as the subparagraph 

already applied to owners who were 

seeking renewal of their Certificate of 

Authorization. Given the nature of these 

changes, they have no impact on 

emissions and are consistent with CAA 

requirements. 

G. Rule 391–3–20–.11, ‘‘Inspector 

Qualifications and Certification’’ 

Both Georgia’s 2022 and 2023 I/M SIP 

revisions update Rule 391–3–20–.11, 

Inspector Qualifications and 

Certification. Georgia’s 2022 I/M SIP 

revision adds clarifying language and 

makes some minor word choice 

changes. Georgia’s 2023 I/M SIP 

revision further changes Rule 391–3– 

20–.11 by updating language to reflect 

advances in technology, to include some 

new requirements, and to make one 

minor grammatical change. 

Georgia’s 2022 I/M SIP revision 

updates Rule 391–3–20–.11, Inspector 

Qualifications and Certification, to add 

clarifying language in several places and 

to make some word choice changes. 

First, in subparagraph 391–3–20– 

.11(5)(a), the revision adds language to 

clarify that the requirement for a 

complete application for renewal to be 

submitted at least 30 calendar days prior 

to the expiration of the existing 

certificate applies to inspectors 

‘‘intending to renew their certificate.’’ 

This new language does not add any 

new requirements, but better describes 

who the requirement applies to. 

Another clarifying change is made in 

paragraph 391–3–20–.11(6) to specify 

that inspectors must have the picture on 

their GA EPD-issued ID clearly visible 

on the inspector’s upper body area 

when performing an emissions 

inspection. Previously, the language 

indicated only that the ID itself must be 

visible on the inspector’s upper body 

area, so this change simply clarifies that 

the inspector’s picture must be visible 

in this location. Finally, one last 

clarifying change is made to paragraph 

391–3–20–.11(9), where the revision 

adds the word ‘‘unauthorized’’ to clarify 

who may not use a certified emission 

inspector’s personal access code to 

perform any part of an emissions 

inspection. Previously, the paragraph 

read that no person should use the 

access code; however, this was not the 

purpose of the rule as the certified 

emission inspector should always be 

able to use their personal access code to 

perform any part of an emission 

inspection. This clarifying change 

eliminates the confusion previously 

caused by this paragraph. Finally, the 

revision makes several word choice 

changes. First, in several parts of the 

rule, the revision replaces the word 

‘‘card’’ with ‘‘badge,’’ in describing the 

picture ID. Second, the revision removes 

the word ‘‘location’’ from the phrase 

‘‘visible location’’ in paragraph 391–3– 

20–.11(6). The phrase required that an 

emission inspector have their ID badge 

clearly visible on the inspector’s upper 

body area, so the removal of the word 

‘‘location’’ does not change the meaning 

of the requirement. This removal is a 

minor change that constitutes a change 

in word choice. Given the nature of 

these changes, they have no impact on 

emissions and are consistent with CAA 

requirements. 

Georgia’s 2023 I/M SIP revision 

further updates Rule 391–3–20–.11 by 

adding language to reflect the use of 

biometric identification to initiate an 

inspection, to include some new 

requirements, and to make one minor 

grammatical change. First, paragraph 

391–3–20–.11(8) is revised to require 

inspectors to notify the Management 

Contractor of a change to telephone or 

email address contact information after 

applying for and receiving a Certificate 

of Authorization. Previously, inspectors 

only needed to notify the Management 

Contractor of a change of address. 

Second, the revision revises paragraphs 

391–3–20–.11(9) and .11(10) to reflect 

that, in addition to using a personal 

access code, inspectors may also use a 


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biometric login to perform parts of the 

inspection. Further, the revision forbids 

inspectors from divulging or authorizing 

the use of their own biometric login to 

any other person. This change reflects 

the new use of biometric logins during 

inspections described in section III.A of 

this notice. Finally, the revision makes 

one grammatical change to paragraph 

391–3–20–.11(7) by removing a comma. 

Given the nature of these changes, they 

have no impact on emissions and are 

consistent with CAA requirements. 

H. Rule 391–3–20–.13, ‘‘Certificate of 

Emission Inspection’’ 

Georgia’s 2022 I/M SIP revision 

updates Rule 391–3–20–.13, Certificate 

of Emission Inspection, with two minor 

changes. First, the revision revises 

subparagraph 391–3–20–.13(1)(i), which 

specifies that inspection results for 

applicable inspection tests must be 

included in a Certificate of Emission 

Inspection. The change rearranges the 

order of applicable inspection tests to 

place OBD testing first. This change is 

made to reflect the wider-spread use of 

the OBD test as compared to exhaust 

emission tests. The second minor 

change updates subparagraph 391–3– 

20–.13(2)(c), which requires that 

inspectors provide vehicle owners who 

have failed an emission inspection with 

the current, quarterly RepairWatch 

Public Report. This report identifies 

repair facilities. The change adds the 

phrase ‘‘access to’’ at the beginning of 

the subparagraph to specify that the 

inspector must provide owners of 

vehicles that have failed inspection 

emission tests with access to the 

current, quarterly reports. This change 

is simply clarifying in nature. Given the 

nature of these changes, they have no 

impact on emissions and are consistent 

with CAA requirements. 

I. Rule 391–3–20–.15, ‘‘Repairs and 

Retests’’ 

Georgia’s 2022 I/M SIP revision 

amends Rule 391–3–20–.15, Repairs 

and Retests, by removing one outdated 

requirement. Specifically, in paragraph 

391–3–20–.15(4), ‘‘NOX’’ is deleted from 

the list of pollutants for which a vehicle 

must pass an exhaust test upon 

reinspection. Usable NOX emission 

information only came with an ASM 

test since NOX was released from the 

motor vehicle when it was under load 

(i.e., while using the dynamometer). 

Although a motor vehicle still may still 

release NOX emissions during a TSI test, 

the emissions are much lower since it is 

performed at idle. This NOX information 

is unusable to make any determination 

as to whether a vehicle is adequately 

preventing the release of NOX. Since the 

ASM test was removed in a previous SIP 

revision, and because none of the 

applicable exhaust emissions tests 

would provide useable NOX emission 

information, this requirement is 

obsolete. Since the ASM test is not part 

of Georgia’s I/M program, the changes to 

Rule 391–3–20–.15 have no impact on 

emissions and are consistent with CAA 

requirements. 

J. Rule 391–3–20–.17, ‘‘Waivers’’ 

Georgia’s 2022 I/M SIP revision 

updates Rule 391–3–20–.17, Waivers, by 

deleting obsolete language in one 

subparagraph and updating language in 

another. First, the revision updates 

subparagraph 391–3–20–.17(2)(c), by 

deleting the phrase ‘‘on preprinted 

repair forms’’ to describe how receipts 

for parts and labor must be submitted 

for repair waivers. Receipts must still be 

submitted, but they no longer have to be 

submitted on preprinted repair forms. 

This change does not remove any 

substantive requirement because 

receipts must still be submitted, and the 

minimum repair form entries have not 

changed. Second, the revision updates 

subparagraph 391–3–20–.17(2)(f) by 

adding clarifying language specifying 

that repairs for a waiver shall ‘‘address 

the OBD failure’’ or produce a reduction 

in ‘‘tailpipe’’ emissions for the pollutant 

that failed the previous test. Since the 

applicable tests required under the 

Georgia I/M program are either the OBD 

inspection test or a tailpipe emissions 

test (i.e., TSI tailpipe emissions test), the 

added language clarifies what repairs 

should address in the event of a failure 

of an applicable emissions test. Given 

the nature of these changes, they have 

no impact on emissions and are 

consistent with CAA requirements. 

K. Rule 391–3–20–.22, ‘‘Enforcement’’ 

Georgia’s 2022 I/M SIP revision 

updates Rule 391–3–20–.22, 

Enforcement, with one minor word 

choice change. Specifically, in 

subparagraph 391–3–20–.22(2)(b), the 

revision replaces the word ‘‘card’’ with 

‘‘badge’’ to describe the picture ID that 

certified emissions inspectors use. This 

better describes the form of ID and adds 

no new requirements. Given the nature 

of this update, it will have no impact on 

emissions and is consistent with CAA 

requirements. 

III. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with the 

requirements of 40 CFR 51.5, and as 

explained in sections I and II of this 

preamble, EPA is proposing to 

incorporate by reference Georgia Rules 

391–3–20–.09—Inspection Station 

Requirements; 391–3–20–.10— 

Certificates of Authorization; 391–3–20– 

.13—Certificate of Emission Inspection; 

391–3–20–.15—Repairs and Retests; 

391–3–20–.17—Waivers; and 391–3–20– 

.22— Enforcement, all of which have a 

state-effective date of April 19, 2022, 

into the Georgia SIP. Further, EPA is 

proposing to incorporate by reference 

Georgia Rules 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; and Rule 391–3–20–.11, 

Inspector Qualifications and 

Certification, all of which have a stateeffective date of March 21, 2023, into 

the Georgia SIP. 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). 

IV. Proposed Actions 

EPA is proposing to approve changes 

to Georgia’s SIP-approved I/M rules as 

provided in Georgia’s June 8, 2022, and 

June 6, 2023, SIP revisions. These SIP 

revisions include changes to 391–3–20– 

.01—Definitions; 391–3–20–.03, 

Covered Vehicles; Exemptions; 391–3– 

20–.04—Emission Inspection 

Procedures; 391–3–20–.05—Emission 

Standards; 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–.13—Certificate 

of Emission Inspection; 391–3–20–.15— 

Repairs and Retests; 391–3–20–.17— 

Waivers; and 391–3–20–.22— 

Enforcement. EPA has made the 

preliminary determination that these 

changes are consistent with CAA 

requirements. Thus, EPA is proposing to 

these changes to Georgia’s SIP. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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, these actions 

merely propose to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, these proposed actions: 


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Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Proposed Rules 88315 

• Are not significant regulatory 

actions subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (88 FR 

21879, April 11, 2023); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have federalism implications 

as specified in Executive Order 13132 

(64 FR 43255, August 10, 1999); 

• Are not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because they approve a state program; 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); and 

• Are 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. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

EPD did not evaluate EJ 

considerations as part of its SIP 

submittals; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in these proposed 

actions. Due to the nature of the actions 

being proposed here, these proposed 

actions are expected to have a neutral to 

positive impact on the air quality of the 

affected area. Consideration of EJ is not 

required as part of these proposed 

actions, and there is no information in 

the record inconsistent with the stated 

goal of E.O. 12898 of achieving EJ for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: December 14, 2023. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2023–28105 Filed 12–20–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2023–0222; FRL 10760–01– 

OW] 

RIN 2040–AG30 

Water Quality Standards To Protect 

Aquatic Life in the Delaware River 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On December 1, 2022, the 

U.S. Environmental Protection Agency 

(EPA) determined that revised water 

quality standards are necessary to 

protect aquatic life in certain water 

quality management zones of the 

Delaware River. Specifically, the EPA 

issued an Administrator’s 

Determination, pursuant to the Clean 

Water Act (CWA), finding that a revised 

designated use to protect aquatic life 

propagation and corresponding 

dissolved oxygen criteria to protect that 

use are necessary in Zone 3, Zone 4, and 

the upper portion of Zone 5 (in total, 

river miles 108.4 to 70.0) of the 

Delaware River. The CWA requires the 

EPA to publish proposed water quality 

standards following an Administrator’s 

Determination. Thus, the EPA is 

proposing to promulgate an aquatic life 

designated use that includes 

propagation and protective water 

quality criteria for dissolved oxygen for 

Zone 3, Zone 4, and upper Zone 5 of the 

Delaware River. 

DATES: Comments must be received on 

or before February 20, 2024. Public 

hearing: the EPA will hold two public 

hearings during the public comment 

period. Please refer to the 

SUPPLEMENTARY INFORMATION section for 

additional information on the public 

hearings. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OW–2023–0222, by any of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Office of Water Docket, Mail Code 

28221T, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460. 

• Hand Delivery or Courier: EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m.–4:30 p.m., Monday through Friday 

(except Federal holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Hannah Lesch, Office of Water, 

Standards and Health Protection 

Division (4305T), Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460; 

telephone number: (202) 566–1224; 

email address: Lesch.Hannah@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposed rule preamble is organized as 

follows: 

I. Public Participation 

A. Written Comments 

B. Participation in Public Hearings 

II. General Information 


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