
[Federal Register: May 5, 2008 (Volume 73, Number 87)]
[Rules and Regulations]               
[Page 24500-24502]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my08-3]                         

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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: harder.stacy@epa.gov.
    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 
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 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
