Approval and Promulgation of Implementation Plans Georgia:
Enhanced Inspection and Maintenance Plan
[Federal Register: May 24, 2007 (Volume 72, Number 100)]
[Rules and Regulations]
[Page 29075-29077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my07-6]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2006-0985-200625; FRL-8318-1]
Approval and Promulgation of Implementation Plans Georgia:
Enhanced Inspection and Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving two revisions to the Georgia State
Implementation Plan (SIP), submitted by the Georgia Department of
Natural Resources (GA DNR), through the Georgia Environmental
Protection Division (GA EPD), on July 25, 2006, and January 25, 2007.
The revisions include modifications to Georgia's Air Quality Rules
found at Chapter 391-3-20, pertaining to rules for Enhanced Inspection
and Maintenance (I/M). Enhanced I/M was required for 1-hour
nonattainment areas classified as serious and above, under the CAA as
amended in 1990. The I/M program is a way to ensure that vehicles are
maintained properly and verify that the emission control system is
operating correctly, in order to reduce vehicle-related emissions. This
action is being taken pursuant to section 110 of the Clean Air Act (CAA).
DATES: This direct final rule is effective July 23, 2007 without
further notice, unless EPA receives adverse comment by June 25, 2007.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number, ``EPA-
R04-OAR-2006-0985,'' by one of the following methods:
1. http://www.regulations.gov Follow the on-line instructions for
submitting comments.
2. E-mail: harder.stacy@epa.gov.
3. Fax: 404-562-9019.
4. Mail: ``EPA-R04-OAR-2006-0985,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding federal holidays.
Instructions: Direct your comments to Docket ID Number, ``EPA-R04-
OAR-2006-0985.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
http://www.regulations.gov or e-mail, information that you consider to
be CBI or otherwise protected. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at
http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
or in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency,
[[Page 29076]]
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA
requests that if at all possible, you contact the person listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9042. Ms. Harder can also be reached via electronic mail at
harder.stacy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. EPA's Action
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. EPA's Action
EPA is approving two SIP revisions submitted by the State of
Georgia, through the GA EPD, on July 25, 2006, and January 25, 2007,
pertaining to rules for I/M. These revisions became State effective on
January 10, 2007. The proposed revisions in the July 25, 2006,
submittal include changes made by the State of Georgia to its Air
Quality Rules, found at Chapters 391-3-20-.01, .02, .03, .04, .05, .07,
.08 , .09, .10, .11, .12, .13, .15, .16, .17(1), .17(2)(a)1, .17(2)(b),
.17(e), .18, .19, .20, .21, and .22. The proposed revisions in the
January 25, 2007, submittal include changes to Chapters 391-3-
20-.01(m), and 391-3-20-.17(2)(a)1.
II. Analysis of the State's Submittal
July 25, 2006 Submittal
Rule 391-3-20, Inspection and Maintenance, is being revised for the
purpose of removing outdated requirements, updating portions for
consistency with the CAA, enhancing enforcement capabilities, and
performing overall housekeeping edits associated with such an extensive
rule revision. Additionally, clarifying language is being added to the
rule, which includes clarification of applicability and of inspector
qualifications, the establishment of common terms, and the removal of
outdated language. Finally, the ``Waivers'' section of this rule, is
being revised to make the annual adjustment of the repair waiver limit
using the consumer price index data as published by the Federal Bureau
of Labor Statistics. For the test year 2006, the waiver limit shall be
$710.00 of qualifying repairs.
January 25, 2007 Submittal
Rule 391-3-20-.01 ``Definitions,'' is being revised for the purpose
of incorporating the most recent version of the GA DNR motor vehicle
emission I/M policy (``Enforcement Policy''), dated July 28, 2006.
Additionally, the ``Waivers'' section of this rule (391-3-
20-.17((2)(a)1), is being revised to make the annual adjustment of the
repair waiver limit using the consumer price index data as published by
the Federal Bureau of Labor Statistics. For the test year 2007, the
waiver limit shall be $738.00 of qualifying repairs. For vehicles which
otherwise qualify for waivers during the 2006 test year, the waiver
limit shall be $710.00 of qualifying repairs.
III. Final Action
EPA is taking direct final action to approve the aforementioned
revisions, specifically, Chapters 391-3-20-.01, .02, .03, .04, .05,
.07, .08 , .09, .10, .11, .12, .13, .15, .16, .17(1), .17(2)(a)1,
.17(2)(b), .17(e), .18, .19, .20, .21, and .22 into the Georgia SIP.
These revisions were submitted by GA EPD on July 25, 2006, and January
25, 2007.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective July 23, 2007
without further notice unless the Agency receives adverse comments by
June 25, 2007.
If EPA receives such comments, EPA will then publish a document
withdrawing the direct final rule and informing the public that such
rule will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period. Parties interested in
commenting should do so at this time. If no such comments are received,
the public is advised that this rule will be effective on July 23, 2007
and no further action will be taken on the proposed rule. Please note
that if we receive adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, we may adopt as final those provisions of the
rule that are not the subject of an adverse comment.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
State law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(59 FR 22951, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR 19885,
April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority
[[Page 29077]]
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal Register.
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 23, 2007. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: May 14, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
• 40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
• 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
• 2. Section 52.570(c) is amended by revising the entry for ``391-3-20''
to read as follows:
Sec. 52.570 Identification of plan.
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(c) * * *
EPA-Approved Georgia Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
391-3-20............................. Enhanced Inspection and 01/10/2007 05/24/2007 [Insert citation of
Maintenance. publication].
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[FR Doc. E7-10057 Filed 5-23-07; 8:45 am]
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