[Federal Register Volume 73, Number 87 (Monday, May 5, 2008)]
[Rules and Regulations]
[Pages 24500-24502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9735]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2008-0116-200807a; FRL-8560-3]
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 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 December 28, 2007. The revisions include minor changes to
Georgia's Air Quality Rules found at Chapter 391-3-20-.17, pertaining
to rules for Enhanced Inspection and Maintenance (I/M). Enhanced I/M
was required for 1-hour ozone nonattainment areas classified as serious
and above, under the Clean Air Act (CAA). The enhanced I/M program is
not a required measure for Atlanta for the 8-hour ozone standard
pursuant to the CAA because the area is classified as a moderate
nonattainment area (73 FR 12013). However, the enhanced I/M program was
approved into the SIP for the 1-hour ozone standard and will remain in
the SIP until such time that the State removes the requirement. To
remove the requirement from the SIP, the State would have to make a
demonstration that removal of this program would not interfere with or
delay attainment, consistent with section 110(1) of the CAA. 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 CAA.
DATES: This direct final rule is effective July 7, 2008 without further
notice, unless EPA receives adverse comment by June 4, 2008. 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-2008-0116,'' by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: 404-562-9019.
4. Mail: ``EPA-R04-OAR-2008-0116,'' 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-2008-0116.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at 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
www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The 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 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
[[Page 24501]]
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
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 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, 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
[email protected].
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 a SIP revision submitted by the GA DNR, through GA
EPD on December 28, 2007, pertaining to rules for Georgia's enhanced I/
M program. The changes include changes to Georgia's Air Quality Rules,
found at Chapters 391-3-20-.17 ``Waivers,'' subparagraph (2)(a). These
revisions became State effective on September 26, 2007.
II. Analysis of the State's Submittal
Rule 391-3-20-.17 ``Waivers,'' is being revised to update the set
dollar amount for repair costs that may qualify for a waiver from the
inspection requirements for the 2008 test year. Specifically, for the
2008 test year, the waiver limit is revised from $738 to $755, of
qualifying repairs. For vehicles which otherwise qualify for waivers
during the 2007 test year, the waiver limit is revised from $710 to
$738, of qualifying repairs. These revisions, which Georgia submits on
an annual basis, are based upon consumer price index data, as published
by the Federal Bureau of Labor Statistics (see, CAA section
182(c)(3)(C)(iii)). This change does not impose any additional cost to
the regulated industry or the public. Additionally, this change has no
effect on the emissions reductions claimed in the SIP.
III. Final Action
EPA is taking direct final action to approve the aforementioned
revisions, specifically, Chapters 391-3-20-.17 subparagraph (2)(a) into
the Georgia SIP. These revisions were submitted by GA EPD on December
28, 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 7, 2008
without further notice unless the Agency receives adverse comments by
June 4, 2008.
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 7, 2008
and no further action will be taken on the proposed rule.
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 (65
FR 67249, 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 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
[[Page 24502]]
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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 7, 2008. 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,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 17 2008.
Russell L. Wright, Jr.
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
0
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.
* * * * *
(c) * * *
EPA--Approved Georgia Regulations
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State EPA approval
State citation Title/subject effective date date Explanation date
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* * * * * * *
391-3-20...................... Enhanced inspection 09/26/2007 05/05/2008
and Maintenance. [Insert
citation of
publication].
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[FR Doc. E8-9735 Filed 5-2-08; 8:45 am]
BILLING CODE 6560-50-M