[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Rules and Regulations]
[Pages 17783-17785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8784]



40 CFR Part 52

[EPA-R04-OAR-2009-0181; FRL-8892-8]

Approval and Promulgation of Implementation Plans; Georgia; 
Enhanced Inspection and Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: EPA is taking direct final action to approve the State 
Implementation Plan (SIP) revision submitted by Georgia Department of 
Natural Resources (GA DNR) through the Georgia Environmental Protection 
Division (GA EPD) on February 13, 2009. 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). 
Specifically, the changes update the amount of repair costs that may 
qualify for a waiver. This action is being taken pursuant to section 
110 of the Clean Air Act (CAA).

DATES: This direct final rule is effective June 16, 2009, without 
further notice, unless EPA receives adverse comment by May 18, 2009. 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 No. EPA-R04-
OAR-2009-0181 by one of the following methods:
    1. http://www.regulations.gov: Follow the online instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2009-0181,'' 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: Lynorae Benjamin, 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 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2009-0181.'' 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,'' which means EPA will not know your identity or 
contact information unless you provide it in the body of your comments. 
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

[[Page 17784]]

information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other materials, 
such as copyrighted material, are not placed on the Internet and will 
be publicly available only in the 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, 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 to 4:30, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mohammad Madjdinasab, 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) 562-9026. Mr. Madjdinasab can also be reached via electronic 
mail at [email protected]. For information relating to the 
Georgia State SIP, contact Ms. Stacy Harder. Ms. Harder may be reached 
at (404) 562-9042, or [email protected].


Table of Contents

I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    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. Enhanced I/M 
was required for 1-hour ozone nonattainment areas classified as serious 
nonattainment and above, under the CAA. Georgia implemented an enhanced 
I/M program for the 13-county Atlanta 1-hour ozone area in 1996 to 
fulfill the requirements under the CAA for a serious nonattainment 
area. Georgia was able to demonstrate attainment with the 1-hour ozone 
standard in 2005 for the Atlanta 1-hour ozone nonattainment area 
(referred to hereafter as the ``Atlanta area''). However, on April 30, 
2004, the Atlanta area was designated nonattainment for the 8-hour 
ozone standard (69 FR 23857), and the area was expanded from 13 to 20 
counties. The Atlanta area was first classified as a marginal 
nonattainment area and later reclassified to a moderate nonattainment 
area on March 6, 2008 (73 FR 12013).
    The enhanced I/M program is no longer a required measure for 
Atlanta for the 8-hour ozone standard pursuant to the CAA because the 
area is now classified as a moderate non-attainment area (73 FR 12013). 
However, the enhanced I/M program was approved into the SIP for the 1-
hour ozone standard and must remain in the SIP until such time that the 
State removes the requirement, pursuant to section 110(l) of the CAA. 
On February 13, 2009, GA EPD provided its annual submission to update 
the waiver provision related to its enhanced I/M rule. This submission 
was provided to satisfy 40 CFR 51.360(a)(7). Specifically, 40 CFR 
51.360(a)(7) states ``Beginning on January 1, 1998, enhanced I/M 
programs shall require the motorist to make an expenditure of at least 
$450 in repairs to qualify for a waiver. The I/M program shall provide 
that the $450 minimum expenditure shall be adjusted in January of each 
year by the percentage, if any, by which the Consumer Price Index for 
the preceding calendar year differs from the Consumer Price Index of 
1989. Prior to January 1, 1998, States may adopt any minimum 
expenditure commensurate with the waiver rate committed to for the 
purposes of modeling compliance with the relevant enhanced I/M 
performance standard.''

II. Analysis of the State's Submittal

    In accordance with 40 CFR 51.360(a)(7), Rule 391-3-20-.17 
``Waivers'' was revised effective January 1, 2009, to adjust the 
minimum amount that must be paid on qualifying repairs after a vehicle 
fails an initial test in order to be granted a wavier from complying 
with the inspection requirements for the corresponding registration 
period. A minimum repair cost of $450 must be made on qualifying 
repairs after the vehicle fails the initial test. The $450 level will 
be adjusted each year to reflect the change in the Consumer Price Index 
after 1989. These revisions became State effective on December 28, 
2008. In the February 13, 2009, submittal, State of Georgia stated that 
this change will not have a negative impact on small business owners 
that conduct vehicle inspections. Further, there is no change in cost 
to the general public, as these fees used to be adjusted annually 
utilizing the Consumer Price Index and submitted to EPA for approval 
annually. GA EPD is simply making this SIP revision to avoid the 
submission of minimum required repair cost and revising their SIP 

III. Final Action

    EPA is taking direct final action to approve the aforementioned 
revisions, specifically, Chapter 391-30-20-.17 Subparagraph (2)(a) into 
the Georgia SIP. These revisions submitted by GA EPD on February 13, 
2009, are consistent with CAA requirements, and EPA policy and 
    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 June 16, 2009 
without further notice unless the Agency receives adverse comments by 
May 18, 2009.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the 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. 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 16, 2009 and no 
further action will be taken on the proposed rule.

IV. 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, 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 Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

[[Page 17785]]

     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 (Public Law 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 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; 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).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in an Indian country located 
in the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal laws.
    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 action 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. 
    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 16, 2009. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Incorporation by 
reference, Intergovernmental relations, Volatile organic compounds.

    Dated: April 3, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.


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.

* * * * *
    (c) * * *

                                        EPA-Approved Georgia Regulations
      State citation           Title/subject     effective date    EPA approval date          Explanation
                                                  * * * * * * *
               Chapter 52 Attainment and Maintenance of the National Ambient Air Quality Standards
                                                  * * * * * * *
391-3-20.................  Enhanced Inspection       12/28/2008  04/17/2009 [Insert
                            and Maintenance.                      citation of

* * * * *
[FR Doc. E9-8784 Filed 4-16-09; 8:45 am]