[Federal Register Volume 67, Number 76 (Friday, April 19, 2002)]
[Rules and Regulations]
[Pages 19335-19337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9490]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-46-200221(a); FRL-7172-7]


Approval and Promulgation of Implementation Plans Georgia: 
Approval of Revisions to State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving the State Implementation Plan (SIP) 
revisions submitted by the State of Georgia through the Georgia 
Environmental Protection Division (GAEPD) on August 9, 1999. These 
revisions pertain to Rules for Air Quality Control and Rules for 
Enhanced Inspection and Maintenance.

DATES: This direct final rule is effective June 18, 2002 without 
further notice, unless EPA receives adverse comment by May 20, 2002. 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: All comments should be addressed to: Scott Martin at the 
EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW, Atlanta, 
Georgia 30303-8960.
    Copies of the State submittal(s) are available at the following 
addresses for inspection during normal business hours:
    Environmental Protection Agency, Region 4, Air Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-8960.
    Air Protection Branch, Georgia Environmental Protection Division, 
Georgia Department of Natural Resources, 4244 International Parkway, 
Suite 120, Atlanta, Georgia 30354. Telephone (404) 363-7000.

FOR FURTHER INFORMATION CONTACT: Scott Martin 404-562-9036. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 9, 1999, the GAEPD submitted revisions to the Georgia 
SIP. The revisions pertain to Chapter 391-3-1 Rules for Air Quality 
Control and Chapter 391-3-20 Enhanced Inspection and Maintenance. The 
revisions were the subject of a public hearing held on May 12, 1999, 
and became State effective on July 8, 1999. The revisions are described 
below.

II. Analysis of State's Submittal

Rules for Air Quality Control Chapter 391-3-1-.01 Definitions

Rule 391-3-1-.01(yy) Particulate Matter Emissions
    A statement is being added that states that the term ``Particulate 
Emissions'' as used in the Rules for Air Quality Control has the same 
meaning as the term ``Particulate Matter Emissions.''
Rule 391-3-1-.01(llll) Volatile Organic Compound (VOC)
    The definition of VOC is being amended to be consistent with the 
EPA definition by adding methyl acetate to the list of chemicals which 
are designated to have negligible photochemical reactivity. Various 
technical corrections were made.

Rules for Enhanced Inspection and Maintenance

Rule 391-3-20-.01 Definitions
    The definition for ``I/M Test Manual'' is updated to the version 
dated April 9, 1999.
Rule 391-3-20-.05 Emission Standards. Amended
    Paragraph (2)(b) is being amended to extend the use of ASM start-up 
exhaust emission standards until the EPA concludes a confirmation of 
the stringency of final exhaust emission standards and GAEPD 
establishes a new effective date for the final standards.
Rule 391-3-20-.21 Inspection Fees. Amended
    Subparagraph (3)(c) is being amended to extend through July 31, 
1999, the $25.00 fixed test fee and the issuing of an administrative 
fee credit of $6.30 to an inspection station owner for each ASM test 
performed.

III. Final Action

    EPA is approving the aforementioned changes to the Georgia SIP 
because they are consistent with the Clean Air Act and Agency 
requirements.
    The EPA is publishing this rule without prior proposal because the

[[Page 19336]]

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 June 18, 2002 
without further notice unless the Agency receives adverse comments by 
May 20, 2002.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the direct final rule and informing the public that the 
rule will not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule 
published elsewhere in this Federal Register. The 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 June 18, 2002 and no 
further action will be taken on the proposed rule published elsewhere 
in this Federal Register. 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. Administrative Requirements

    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 Clean 
Air Act. 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 Clean Air Act. 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 Clean Air Act. 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, 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 18, 2002. 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.

    Dated: April 8, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

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. Amend Sec. 52.570(c) by revising table entries 391-3-.01 and 
391-3-20 to read as follows:


Sec. 52.570  Identification of plan.

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    (c) * * *

[[Page 19337]]



                                                            EPA Approved Georgia Regulations
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            State citation                   Title/subject           State effective date            EPA approval date                 Comments
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391-3-1-.01...........................  Definitions............  7/8/99                        4/19/02
 
                   *                  *                  *                  *                  *                  *                  *
391-3-20..............................  Enhanced Inspection and  7/8/99                        4/19/02
                                         Maintenance.
 
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[FR Doc. 02-9490 Filed 4-18-02; 8:45 am]
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