[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Notices]
[Pages 32911-32913]
[FR Doc No: 2019-14643]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC19-108-000.
    Applicants: Valentine Solar, LLC, Glaciers Edge Wind Project, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Valentine Solar, LLC, et al.
    Filed Date: 7/1/19.
    Accession Number: 20190701-5401.
    Comments Due: 5 p.m. ET 7/22/19.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2290-007.
    Applicants: Avista Corporation.
    Description: Triennial Market Power Update for the Northwest Region
of Avista Corporation.
    Filed Date: 7/1/19.
    Accession Number: 20190701-5387.
    Comments Due: 5 p.m. ET 8/30/19.

    Docket Numbers: ER10-2475-019; ER10-2474-019; ER10-3246-013; ER12-
21-021; ER13-1266-022; ER15-2211-019.
    Applicants: Nevada Power Company, Sierra Pacific Power Company,
PacifiCorp, Agua Caliente Solar, LLC, CalEnergy, LLC, MidAmerican
Energy Service LLC.
    Description: Updated Market Power Analysis for the Northwest Region
of the BHE Northwest Entities.
    Filed Date: 6/28/19.
    Accession Number: 20190628-5333.
    Comments Due: 5 p.m. ET 8/27/19.

    Docket Numbers: ER10-2739-025; ER10-1892-012; ER13-1430-006; ER13-
1561-006; ER16-1652-013; ER17-1490-001; ER19-170-001.
    Applicants: LS Power Marketing, LLC, Arlington Valley Solar Energy
II, LLC, Centinela Solar Energy, LLC, Columbia Energy LLC, Gateway
Energy Storage, LLC, LifeEnergy, LLC, Vista Energy Storage, LLC.
    Description: Updated Market Power Analysis for the Southwest Region
of LS Power Marketing, LLC, et al.
    Filed Date: 7/1/19.
    Accession Number: 20190701-5414.
    Comments Due: 5 p.m. ET 8/30/19.

    Docket Numbers: ER10-2822-014; ER10-3158-008; ER10-3161-008; ER10-
3162-008; ER12-308-008; ER16-1238-002; ER16-1250-006; ER17-1242-001;
ER17-1392-002.
    Applicants: Atlantic Renewable Projects II LLC, Avangrid Arizona
Renewables, LLC, Avangrid Renewables, LLC, El Cabo Wind LLC, Dillon
Wind LLC, Manzana Wind LLC, Mountain View Power Partners III, LLC,
Shiloh I Wind Project, LLC, Tule Wind LLC.
    Description: Updated Market Power Analysis of the Avangrid
Southwest MBR Sellers.
    Filed Date: 7/1/19.
    Accession Number: 20190701-5415.
    Comments Due: 5 p.m. ET 8/30/19.

    Docket Numbers: ER15-1596-008; ER10-2590-006; ER10-2593-006; ER10-
2616-015; ER11-4400-012; ER15-1599-008; ER15-1958-007; ER19-102-001.
    Applicants: Dynegy Commercial Asset Management, LLC, Dynegy Energy
Services (East), LLC, Dynegy Marketing and Trade, LLC, Dynegy Moss
Landing, LLC, Dynegy Oakland, LLC, Dynegy Power Marketing, LLC, Dynegy
Resources Management, LLC, Luminant Energy Company LLC.
    Description: Updated Triennial Market Power Analysis for the
Southwest Region by the Vistra Southwest MBR Sellers.
    Filed Date: 7/1/19.
    Accession Number: 20190701-5416.
    Comments Due: 5 p.m. ET 8/30/19.

    Docket Numbers: ER16-748-003.
    Applicants: Sentinel Energy Center, LLC.
    Description: Market Power Update of Sentinel Energy Center, LLC.
    Filed Date: 7/1/19.
    Accession Number: 20190701-5406.
    Comments Due: 5 p.m. ET 8/30/19.

    Docket Numbers: ER17-2059-004; ER10-3097-009.
    Applicants: Puget Sound Energy, Inc., Bruce Power Inc.
    Description: Updated Market Power Analysis in the Northwest Region
for Puget Sound Energy, Inc., et al.
    Filed Date: 7/1/19.
    Accession Number: 20190701-5395.
    Comments Due: 5 p.m. ET 8/30/19.

    Docket Numbers: ER18-2033-001.
    Applicants: Saavi Energy Solutions, LLC.
    Description: Updated Market Power Analysis for Southwest Region of
Saavi Energy Solutions, LLC.
    Filed Date: 7/1/19.
    Accession Number: 20190701-5407.
    Comments Due: 5 p.m. ET 8/30/19.

    Docket Numbers: ER19-1415-001; ER11-2508-024; ER19-2140-001; ER19-
2141-001; ER19-2142-001; ER19-2143-001; ER19-2144-001; ER19-2145-001;
ER19-2146-001; ER19-2147-001; ER19-2148-001.
    Applicants: GenOn California South, LP, GenOn Energy Management,
LLC, Brunot Island Power, LLC, Gilbert Power, LLC, Heritage Power
Marketing, LLC, Mountain Power, LLC, New Castle Power, LLC, Portland
Power, LLC, Sayreville Power, LLC, Shawville Power, LLC, Warren
Generation, LLC.
    Description: Updated Market Power Analysis for the Southwest Region
of the GenOn Holdings, Inc. subsidiaries.
    Filed Date: 7/1/19.
    Accession Number: 20190701-5412.
    Comments Due: 5 p.m. ET 8/30/19.

    Docket Numbers: ER19-1704-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2019-06-28_SA 2010 Ameren-SIPC
Substitute WDS Agreement to be effective 12/31/9998.
    Filed Date: 6/28/19.
    Accession Number: 20190628-5241.
    Comments Due: 5 p.m. ET 7/19/19.

    Docket Numbers: ER19-1932-002.
    Applicants: Duke Energy Progress, LLC.
    Description: Tariff Amendment: Amendment to DEP-PJM Amended JOA
Concurrence to be effective 7/22/2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5138.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: ER19-2050-001.
    Applicants: GridLiance Heartland LLC, Midcontinent Independent
System Operator, Inc.
    Description: Tariff Amendment: 2019-07-02_Errata to GridLiance
Heartland Revisions to Incorporate Formula to be effective 9/1/2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5141.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: ER19-2328-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Pedernales Electric
Cooperative Interconnection Agr. 1st Amend/Restated to be effective 3/
13/2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5000.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: ER19-2329-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: 2019-07-02_SA 2880 Att A-
Project Specifications No. 4 WVPA-EnerStar-West Union to be effective
6/3/2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5044.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: ER19-2330-000.
    Applicants: Arizona Public Service Company.
    Description: Notice of Cancellation of Rate Schedule No. 218 of
Arizona Public Service Company.
    Filed Date: 7/1/19.
    Accession Number: 20190701-5386.
    Comments Due: 5 p.m. ET 7/22/19.

    Docket Numbers: ER19-2331-000.
    Applicants: Entergy Nuclear Generation Company.
    Description: Tariff Cancellation: Entergy Nuclear Generation
Company to be effective 6/10/2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5097.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: ER19-2332-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Letter Agreement with EC&R
Solar Development, LLC, Painter BESS to be effective 7/3/2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5100.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: ER19-2333-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: PSCo Reserve Energy
Tariff_Eff. 9.3.19 to be effective 9/3/2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5101.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: ER19-2334-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: OATT-PSCO Transition From
RMRG to NWPP to be effective 9/3/2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5102.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: ER19-2335-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: PSC-TSGT-BkCoU-CSU-BAA-
SubentitiyRSA-538-0.0.0 to be effective 9/3/2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5103.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: ER19-2336-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: PSC-WAPA-WACM-Subentity-
RsrvShrngSvcAgrmt-547-0.0.0 to be effective 9/3/2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5104.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: ER19-2337-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: PSC-MEAN-NITS-246-0.0.0-
Filing to be effective 9/3/2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5105.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: ER19-2338-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 5416;
Queue No. AC2-067/AC2-068 to be effective 6/4/2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5144.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: ER19-2339-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: Cedar Springs Wind LGIA to
be effective 9/1/2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5145.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: ER19-2340-000.
    Applicants: Black Hills Power, Inc.
    Description: Sec.  205(d) Rate Filing: Subentity Reserve Sharing
Agreement (BHP) to be effective 9/3/2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5166.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: ER19-2341-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Las Majadas Wind Farm

Interconnection Agreement First Amend & Restated to be effective 6/14/
2019.
    Filed Date: 7/2/19.
    Accession Number: 20190702-5168.
    Comments Due: 5 p.m. ET 7/23/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 2, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-14643 Filed 7-9-19; 8:45 am]
BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I'm submitting this as an individual consumer, concerned with your recent deeming proposal, to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

I feel that the Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of electronic cigarettes that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions, which I might want to respond to. I would like to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing relevant comments on these important questions is very limited. I have already spent many hours researching and dissecting these issues, but they take time. It is clear that the FDA took many years to come to its Proposed Rule, and I feel that it is not at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide you our feedback.

From experience, I know e-cigarettes can be a better alternative to combustible cigarettes. I truly believe that after trying to quit countless times, I would still be using traditional cigarettes if I had never been introduced to an e-cigarette. Now after a year there are days where I rarely, if at all, need my e-cigarette. I am no longer beholden to the hourly cigarette craving I got from traditional tobacco, and agitation it brought.  I would love to provide you with my personal story, as well as science -and evidence-based responses to the questions you have been raised, so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders, of which I feel there are many, have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 28977-28978]
[FR Doc No: 2018-13374]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1238; Airspace Docket No. 17-ASO-25]
RIN 2120-AA66

Amendment of Class E Airspace; Kenansville, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Duplin County Airport,
Kenansville, NC, to accommodate airspace reconfiguration due to the
decommissioning of the Kenan non-directional radio beacon (NDB), and
cancellation of the NDB approach. Controlled airspace is necessary for
the safety and management of instrument flight rules (IFR) operations
at this airport. This action also updates the geographic coordinates of
this airport.

DATES: Effective 0901 UTC, September 13, 2018. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT:  John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, GA 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace extending upward from 700 feet above the
surface at Duplin County Airport, Kenansville, NC, to support IFR
operations at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 9822, March 8, 2018) for Docket No. FAA-2016-1238 to
amend Class E airspace extending upward from 700 feet above the surface
within a 6.8-mile (from a 6.4-mile) at Duplin County Airport,
Kenansville, NC, due to the decommissioning of the Kenan NDB, and
cancellation of the NDB approach, and adjustment of the geographic
coordinates. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11B dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface within a 6.8-mile radius of Duplin County Airport,
Kenansville, NC, due to the decommissioning of the Kenan NDB and
cancellation of the NDB approach. These changes are necessary for
continued safety and management of IFR operations at the airport. The
geographic coordinates of the airport are amended to coincide with the
FAA's aeronautical database.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,''

paragraph 5-6.5a. This airspace action is not expected to cause any
potentially significant environmental impacts, and no extraordinary
circumstances exist that warrant preparation of an environmental
assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120, E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017,
effective September 15, 2017, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO NC E5 Kenansville, NC [Amended]

Duplin County Airport, NC
    (Lat. 35[deg]00'00'' N, long. 77[deg]58'54'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Duplin County Airport.

    Issued in College Park, Georgia, on June 14, 2018.
Ken Brissenden,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2018-13374 Filed 6-21-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Proposed Rules]
[Pages 88310-88315]
[FR Doc No: 2023-28105]

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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.

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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-epa-dockets.

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
[email protected].

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

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.
---------------------------------------------------------------------------

    \1\ On November 6, 1991, EPA designated and classified the
following counties in and around the Atlanta, Georgia, metropolitan
area as a serious ozone nonattainment area for the 1-hour ozone
NAAQS: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale. See 56 FR
56694.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \2\ The nonattainment area for the 1997 8-hour ozone standard
consisted of the following counties: Barrow, Bartow, Carroll,
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding,
and Walton.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \3\ The 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.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \4\ The nonattainment area for the 2015 8-hour ozone standard
consists of the following counties: Bartow, Clayton, Cobb, DeKalb,
Fulton, Gwinnett, and Henry.
---------------------------------------------------------------------------

    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 SIP-
approved 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.
---------------------------------------------------------------------------

    \5\ See CAA section 110(l).
---------------------------------------------------------------------------

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 ``Non-conforming 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 non-
conforming ``would be subject to an alternative tail pipe emissions
standard

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
non-conforming 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).
---------------------------------------------------------------------------

    \6\ See email from Anna Aponte, GA EPD, to Josue Ortiz Borrero,
EPA Region 4 (November 16, 2023), available in the docket for this
proposed rulemaking.
---------------------------------------------------------------------------

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 non-conforming
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-

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

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 state-effective 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:

     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


[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Proposed Rules]
[Pages 54946-54947]
[FR Doc No: 2020-19639]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2020-0435]

Safety Zone; Patuxent and Patapsco Rivers, Solomons, MD, and
Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; withdrawal.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is withdrawing its proposed rule to establish
two separate temporary safety zones for certain waters of the Patuxent
River at Solomons, MD, on September 5, 2020, (with an alternate date of
September 6, 2020) and the Patapsco River (Inner Harbor) at Baltimore,
MD, on October 2, 2020, (with no alternate date), during fireworks
displays. The proposed rule is being withdrawn because it is no longer
necessary. The event sponsors have cancelled the events.

DATES: As of September 3, 2020, the Coast Guard withdraws the proposed

rule published August 7, 2020, (85 FR 47937).

ADDRESSES: To view the docket for this withdrawn rulemaking, go to
https://www.regulations.gov, type USCG-2020-0435 in the ``SEARCH'' box
and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice, call or email MST2 Shaun Landante, Waterways Management
Division, U.S. Coast Guard Sector Maryland--National Capital Region;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2020, we published a notice of proposed rulemaking
entitled ``Safety Zone; Patuxent and Patapsco Rivers, Solomons, MD and
Baltimore, MD (85 FR 47937). The rulemaking concerned the Coast Guard's
proposal to establish temporary safety zones for certain waters of the
Patuxent River, near Solomons, MD, effective 8 p.m. to 10:30 p.m. on
September 5, 2020, and Patapsco River (Inner Harbor), Baltimore, MD,
effective 8 p.m. to 10 p.m. on October 2, 2020. This action was
necessary to provide for the safety of life on these waters during two
separate fireworks displays. This rulemaking would have prohibited
persons and vessels from entering the safety zones unless authorized by
the Captain of the Port Maryland--National Capital Region or the Coast
Guard Patrol Commander.

Withdrawal

    The proposed rule is being withdrawn due to safety zones no longer
being necessary following a cancellation of both fireworks displays by
the event sponsors.

Authority

    We issue this notice of withdrawal under the authority of 46 U.S.C.
70034.

    Dated: August 31, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National
Capital Region.
[FR Doc. 2020-19639 Filed 9-2-20; 8:45 am]
BILLING CODE 9110-04-P


Caution: Lead Paint Handle With Care U. S. Department of Housing and Urban Development www. hud. gov " Lead poisoning is a serious threat to the health of America's children. Our goal is to make every home in America lead safe, so all children have the chance to enjoy healthy and productive lives."

Andrew Cuomo, Secretary U. S. Department of Housing and Urban Development HUD wants every home to be a healthy home.

LEARN THE FACTS ABOUT WORKING WITH LEAD PAINT ° Any home built before 1978 could have lead paint. Homes built before 1960 have the most lead paint.

° Lead paint in good condition usually is not a problem.

° Dangerous lead dust can be released from peeling or damaged paint or by sanding or scraping paint in older homes.

° When working on or remodeling a home with lead paint there are important safety tips you need to follow.

KNOW THAT LEAD PAINT CAN POISON CHILDREN ° Lead is toxic. It can harm a child's brain and cause learning and behavior problems. It can even harm unborn babies.

° Most children are poisoned by lead dust that gets on their hands and then in their mouths.

° Almost one million children under age six in the U. S. suffer from lead poisoning. Handle lead paint with care when you paint or repair.

H e re are five things you can do:

1. Keep lead dust away from people. 2. Use the right tools. 3. Work safely and clean up lead dust. 4. Don't bring lead dust home with you. 5. Learn the laws about lead and obey them.

Follow HUD's simple checklist for working safely.

1. Keep lead dust away from people.

n         Keep children and pregnant women away from the work area.

n         Seal off the work area by covering floors, vents, doors and windows with heavy plastic.

n         If possible, remove furniture from the room. Cover any remaining furniture with heavy plastic. 2. Use the right tools.

n         Use vacuum cleaners and power tools with HEPA filters.

n         If you use a power sander or g r i n d e r, be sure it has a HEPA filter as well as a hood to trap dust.

n         Never power wash or sand blast painted surfaces.

n         Never use tools that create dust, chips, high heat or fumes.

n         Never use open flame torches or heat guns at temperatures above 1100 ° F.

n         Never use paint strippers that contain methylene chloride. 3. Work safely and clean up lead dust.

n         Fix water damage that can make paint peel.

n         Wet down the paint before you sand or scrape to control lead dust.

n         Use heavy plastic bags to remove dust and other trash.

n         After the job, wash floors and other surfaces with soap and water and rinse with fresh water. Remember lead dust can be too small to see.

n         Inform customers about the importance of maintaining the paint in their home.

n         Give customers the option to test for lead dust after the job is done. Call 1 888 LEADLIST for a list of lead service providers. 4. Don't bring lead dust home with you.

n         Clean your shoes before you leave the work area.

n         Change from work clothes before going home.

n         Don't wash your work clothes with the family laundry.

n         Take a shower and wash your hair at the end of each workday. 5. Learn the laws about lead and obey them.

n         Federal law requires contractors to provide a brochure, Protect Your Family From Lead in Your Home, to owners and occupants before starting jobs that involve lead paint. Call 1 800 424 LEAD for free copies.

n         Learn what state and local laws apply to you. HUD wants every child to have a lead safe home!

For more information about making homes lead safe or to order a free copy of Lead Paint Safety: A Field Guide for Painting, Home Maintenance, and Renovation Wo r k , call 1 800 424 LEAD.

For a free brochure on other home safety issues call HUD's Healthy Homes hotline at 1 800 HUDS FHA or visit HUD's Web site at w w w. h u d . g o v. HUD is on your side. Important Numbers National Lead Information Center: 1 800 424 LEAD Local Lead Poisoning Prevention Organization: ________________________

State Health Department: ___________________________________________

Doctor: __________________________________________________________

Additional Numbers: _______________________________________________

__________________________________________________________________

Notes:____________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________ www. hud. gov Sponsored by the U. S. Department of Housing and Urban Development


[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Notices]
[Page 9425]
[FR Doc No: 2010-4222]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1873-DR; Docket ID FEMA-2010-0002]

New Jersey; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of New Jersey (FEMA-1873-DR), dated February 5,
2010, and related determinations.

DATES: Effective Date: February 5, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated February 5, 2010, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of New Jersey resulting from a snowstorm during the period of
December 19-20, 2009, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of New Jersey.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State. You are
further authorized to provide emergency protective measures,
including snow assistance, under the Public Assistance program for
any continuous 48-hour period during or proximate to the incident
period. You may extend the period of assistance, as warranted. This
assistance excludes regular time costs for the sub-grantees' regular
employees.
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Stephen M. DeBlasio Sr., of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of New Jersey have been designated
as adversely affected by this major disaster:

    Atlantic, Burlington, Camden, Cumberland, Gloucester, Ocean, and
Salem Counties for Public Assistance.
    Atlantic, Burlington, Camden, Cumberland, Gloucester, Ocean, and
Salem Counties for emergency protective measures (Category B),
including snow assistance, under the Public Assistance program for
any continuous 48-hour period during or proximate to the incident
period.
    All counties within the State of New Jersey are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-4222 Filed 3-1-10; 8:45 am]
BILLING CODE 9111-23-P


EPA Responses

OMB List of Items Remaining – sent July 10, 2007

1.  0.079 analysis has been incorporated throughout the RIA.

2. 	The asterisks have been corrected in Tables ES-1 through ES-7.
Corresponding edits have been made to Tables 8.1a – 8.1d and 8.3a –
3.3d.

The bullet now reads:  There are several nonquantified benefits (e.g.
effects of reduced ozone on forest health and agricultural crop
production) and disbenefits (e.g. decreases in tropospheric ozone lead
to reduced screening of UV-B rays and reduced nitrogen fertilization of
forests and cropland) discussed in this analysis in chapter 6.

This RIA analyzes the incremental changes needed to go from attainment
of the baseline to several potential alternate primary standards.  This
RIA is not an analysis of attainment of the baseline (current standard)
itself.

	Consistent with the purpose and scope of this RIA, Table 3.4 and Figs.
3.14 and 3.15 present the tons of emissions reduced between the baseline
and the illustrative control scenario for 0.070, as well as the tons of
emissions remaining, by sector, after application of the illustrative
0.070 control scenario.  In addition for context, Table 3.4 also
presents the tons of emissions remaining after application of the
illustrative PM 2.5. control scenario, as well as the tons of emissions
remaining after attainment of the ozone current standard baseline.

This RIA modeled the summer months of June, July, and August, but all
controls in the illustrative control scenario were year-round.  There
are no seasonal controls in the illustrative control scenario described
in Chapter 3 and Appendix 3.  The NOx and VOC reductions expected under
the control scenario described in Chapter 3 for 0.070 in 2020 are shown
in Figs. 3.14 and 3.15.  The estimated additional incremental tons
needed to reach attainment are listed for each alternate standard in
Section 4.5 and detailed in Tables 4.6 – 4.13.

This change has been made.

6.  The following sentences have been added to Chapter 2:  All controls
in the illustrative 0.070 scenario were applied similarly to all months.
There were no controls applied specifically for PM2.5 co-benefits
because the controls developed to reduce summer ozone were applied to
all months.

7.  Chapter 3 describes the illustrative 0.070 control strategy.  Table
3.4 and Figs. 3.14 and 3.15 present the tons of emissions reduced
between the baseline and the illustrative control scenario for 0.070, as
well as tons of emissions remaining, by sector, after application of the
controls.  The estimated additional incremental tons needed to reach
attainment are listed for each alternate standard in Section 4.5 and
detailed in Tables 4.6 – 4.13.

8. The following sentences have been added to Chapter 2:  All controls
in the illustrative 0.070 scenario were applied similarly to all months.
There were no controls applied specifically for PM2.5 co-benefits
because the controls developed to reduce summer ozone were applied to
all months.

9. Chapter 2 cites the ozone Staff Paper.  We have added more data from
the Staff Paper to include emissions from nonroad sources.  Section 2.2
has also been updated to include information on changes in expected
emissions in the future (2020) from onroad sources and electric power
generation plants.

10.  This text was taken directly from the Staff Paper, and is cited as
such.  We have now added additional text from the Staff Paper to include
the sentence which includes the 27% figure (for 2004, not 2002).  We
have also added data on projected emissions changes predicted to occur
by 2020.

11. This is cited directly from Staff Paper, and referenced by a
footnote. We have added the 2002 data for nonroad emissions, and have
also included data on projected emissions in 2020.   As described in #1,
an updated emissions inventory will be used for the Final RIA.

12.   The following text has been added to Chapter 3:  Emissions of
ozone precursors from natural sources (e.g. isoprenes emitted from
trees) and from sources outside of the U.S. are uncertain, as are the
specific impacts those emissions will have on ozone concentrations in
areas exceeding alternative standards.  Our models use available
information on these emissions in generating future projections of
baseline ozone concentrations, and our modeled reductions in U.S.
emissions of NOx and VOC are based on these baseline levels that include
the contribution of natural and non-U.S. emissions.  To the extent that
these emissions contribute a greater (lesser) proportion of ozone on
high ozone days, more (less) reductions in emissions from U.S. sources
might be required to reduce ozone levels below alternative standards.

13. Two areas of Southern California made recent requests to extend
their attainment deadlines.  One was San Joaquin, which was required to
attain by 2013.  We are recognizing these recent changes in our text.
The entire RIA has being edited to include consistent language
recognizing the changes to planned attainment dates for San Joaquin and
South Coast (Los Angeles).

14. As this is only an illustrative analysis, available known potential
controls were applied to achieve the greatest emissions reductions.
Application of controls included in national rules and individual
controls are described following the baseline and the control strategy
description.

15.  These estimates were based on best engineering judgment.  See:
HYPERLINK "http://www.arb.ca.gov/diesel/verdev/verdev.htm"
http://www.arb.ca.gov/diesel/verdev/verdev.htm     for workshop agenda
where retrofits application discussed for CA.

16. The information on those and other counties, their attainment
status, and subpart 2 classifications is published in the Federal
Register under 40 CFR Part 81 and is also posted at
http://www.epa.gov/air/oaqps/greenbk/gnc.html.   The EPA Greenbook site
is  periodically updated. For example, a check of the site on July 5,
2007 revealed that the information presented there was as of June 20,
2007.   The Federal Register information is more current.   A check
there revealed that no additional bump up request and approvals as of
July 8, 2007.

The SIP submission and review by EPA is something that is currently in
process.  As part of this activity, some states may asked for
reclassifications.   When the submissions asking for reclassification
have been reviewed and approved, the resulting classification will be
published in the Federal Register under 40 CFR part 81 and subsequently
posted at the EPA Greenbook site.   The SIP submittal process is moving
more slowly than anticipated.  However, it is our understanding that
there may be additional requests for bump ups with resulting attainment
dates beyond 2020.

17.  EPA is assuming that these emissions reductions will occur over any
time period prior to 2020.  We did not made a differentiation between
reductions that occur over short versus long timelines.

18.  We initially considered 50% and 100%, but chose 25% and 75% market
penetration values based on best engineering judgment.  To reduce
confusion, we have deleted the sentence saying that we initially
considered 50% and 100% from the text.  (Chapter 3 Appendix, Section
3.2.1).

19.  We are not citing the specific manufacturers that were interviewed,
but more information on the expected emissions reductions is available
at:   HYPERLINK
"https://www.epa.gov/otaq/retrofit/retropotentialtech.htm"
https://www.epa.gov/otaq/retrofit/retropotentialtech.htm .  This
reference has been added to section

20. Some areas have no I/M, some I/M programs require annual testing,
some require biennial testing, and some areas are piloting continuous
I/M.  We only applied continuous I/M reductions to those areas that
currently have annual or biennial programs.  This text added to section
5a.3.

21.  This calculation has been completed and is found in section 4.2.

22.  The following footnote has been added to section <IP_ADDRESS>:

The expected emissions reductions from SCR retrofits are based on data
derived from EPA regulations (Control of Emissions of Air Pollution from
2004 and Later Model Year Heavy-duty Highway Engines and Vehicles
published October 2000), interviews with component manufacturers, and
EPA’s Summary of Potential Retrofit Technologies available at
www.epa.gov/otaq/retrofit/retropotentialtech.htm.

For more information on mobile idle reduction technologies (MIRTs) see
EPA’s Idle Reduction Technology page at   HYPERLINK
"http://www.epa.gov/otaq/smartway/idlingtechnologies.htm"
http://www.epa.gov/otaq/smartway/idlingtechnologies.htm .

23.  The following text has been added to section 5.4:

Technological change will affect baseline conditions for our analysis.
This change may lead to improvements in the efficiency with which firms
produce goods and services, for example, firms may use less energy to
produce the same quantities of output.  In addition, technological
change may result in improvements in the quality of health care, which
can have impacts on the baseline health of the population, potentially
reducing the susceptibility of the population to the effects of air
pollution.  While our baseline mortality incidence rates account for
increasing life expectancy, and thus reflect projected improvements in
health care, our baseline incidence rates for other health endpoints
such as hospital admissions do not reflect any future advances in health
care, and thus, our estimates of avoided health impacts for these
endpoints will potentially be overstated.  For other endpoints, such as
asthma, there has been an observed upward trend in prevalence, which we
have not captured in our incidence rates.  For these endpoints, our
estimates will potentially be understated.  In general, for
non-mortality endpoints, there is increased uncertainty in our estimates
due to our use of current baseline incidence and prevalence rates.

24. The following sentence has been added to section 5a.3:
“Application of Continuous I/M resulted in NOx reductions of 4.2 to
16.5 percent, depending on the geographic area, vehicle class, and type
of existing I/M program.”

25. Per the PM NAAQS RIA, OMB has indicated that this is not an issue to
consider.

26.  The following citations for more information about RVP have been
added to Chapter 5 Appendix, section 5a.3.

Michigan Department of Environmental Quality and Southeast Michigan
Council 	of Governments. Proposed Revision to State of Michigan State
Implementation Plan for 7.0 Low Vapor Pressure Gasoline Vapor Request
for Southeast Michigan.  May 24, 2006.

U.S. EPA. Guide on Federal and State Summer RVP Standards for
Conventional Gasoline Only. EPA420-B-05-012. November 2005

27.  These citations have been added to Chapter 6.

28.  The text of the first paragraph has been replaced.  We have deleted
the word “small.”

29. Awaiting discussion between Lydia Wegman and Art Fraas.

30.  The following footnote has been added:

As discussed in Chapter 6, one way in which we characterize the model
uncertainty associated with the relationship between particulate matter
and premature mortality was to conduct an expert elicitation. The
elicitation yielded twelve different functions, generated by asking 12
experts a structured set of questions, leading each to articulate a

functional form for the relationship, in a probabilistic estimate of
uncertainty.  Among the twelve experts, Expert K's function
characterizes the weakest relationship between PM and premature
mortality, whereas Expert E's function characterizes the strongest

relationship.

31.  This edit has been made.

32.  We have corrected the spelling of “ambient.”

33.  This change has been made.

34.  We have made the suggested edit.

35.  We have deleted this sentence.

36.  We have made the suggested edit.

37.  We have made the suggested edits.

38.  We have added the following text to precede the sentence that
begins, “…these extrapolated benefits are uncertain…”
"Estimated benefits and costs may reflect both bias and uncertainty.
While we strive to avoid bias and characterize uncertainty to the extent
possible, we note that in some cases, biased estimates were used due to
data and/or methodological limitations.  In these cases we have tried to
identify the direction and potential magnitude of the bias."

39.  The following sentence has been added at the end of Section 8.2:
Of course, these benefits and costs will only be realized if the
emission reductions projected in this extrapolated approach actually
occur in the future.

40.  A limited discussion has been added.

41.  Chapter 8, bullet #6 has been edited to respond to this comment.

42.  Per prior agreement, we have deleted bullet 10.

43.  No action for RIA proposal.  We will consider these suggestions as
we develop the analysis for the final RIA.

44.  Section 9.8 has been revised to be consistent with preamble.


[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Proposed Rules]
[Pages 8227-8228]
[FR Doc No: 2020-02830]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2020-0040; FRL-10005-20-Region 7]

Air Plan Approval; Missouri; Control of Emissions From Batch
Process Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a State Implementation Plan (SIP) revision submitted by
Missouri on February 15, 2019. The submission revises a Missouri
regulation which limits the volatile organic compound (VOC) emissions
from batch process operations by incorporating reasonably available
control technology (RACT) as required by the Clean Air Act Amendments
of 1990. The revisions to this rule include adding incorporations by
reference to other state rules, including definitions specific to the
rule, revising unnecessarily restrictive language, making other
administrative wording changes, and do not impact the stringency of the
SIP or air quality. Approval of these revisions will ensure consistency
between state and federally-approved rules.

DATES: Comments must be received on or before March 16, 2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2020-0040 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will 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 ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.

FOR FURTHER INFORMATION CONTACT: Will Stone, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2020-
0040, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The 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. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve revisions to 10 Code of State
Regulation (CSR) 10-5.540, Control of Emissions from Batch Process
Operations in the Missouri SIP. Missouri made several revisions to the
rule. These revisions are described in detail in the technical support
document (TSD) included in the docket for this action.
    Missouri received three comments from EPA during the comment
period. Missouri responded to all comments as noted in the state
submission included in the docket for this action and the TSD. EPA
finds that Missouri has adequately addressed the comments.
    Therefore, EPA is proposing to approve the revisions to this rule
because it will not have a negative impact on air quality.

III. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
state provided public notice on this SIP revision from June 15, 2018,
to September 6, 2018, and received four comments. The state revised the
rule based on the comments submitted. In addition, as explained above
and in more detail in the technical support document which is part of
this document, the revision meets the substantive SIP requirements of
the CAA, including section 110 and implementing regulations.

IV. What action is the EPA taking?

    The EPA is proposing to approve Missouri's request to revise 10 CSR
10-5.540. We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.

V. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Missouri Regulations described in the
proposed amendments to 40 CFR part 52 set forth below. The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 7 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).

VI. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,

provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: February 6, 2020.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:

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 AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by revising
the entry ``10-5.540'' to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                   State
   Missouri citation            Title         effective date      EPA approval date            Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
10-5.540...............  Control of                2/28/2019  [Date of publication of
                          Emissions from                       the final rule in the
                          Batch Process                        Federal Register],
                          Operations.                          [Federal Register
                                                               citation of the final
                                                               rule].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-02830 Filed 2-12-20; 8:45 am]
 BILLING CODE 6560-50-P