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Approval and Promulgation of Implementation Plans Georgia: Enhanced Inspection and Maintenance Plan
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 7, 2007 (Volume 72, Number 235)]
[Rules and Regulations]
[Page 69148-69150]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de07-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-1059-200748a; FRL-8503-1]
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 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 September 26, 2007. The revisions include modifications to
Georgia's Air Quality Rules found at Chapter 391-3-20-.21, 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 Clean Air Act (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 CAA.
DATES: This direct final rule is effective February 5, 2008 without
further notice, unless EPA receives adverse comment by January 7, 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-2007-1059,'' 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-2007-1059,'' 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-2007-1059.'' 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, Region 4, 61 Forsyth Street, SW.,
[[Page 69149]]
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 September 26, 2007, pertaining to rules for I/M. The revisions
include changes to Georgia's Air Quality Rules, found at Chapters 391-
3-20-.21, subparagraphs (3)(a) through (d). These revisions became
State effective on September 26, 2007.
II. Analysis of the State's Submittal
Rule 391-3-20-.21 ``Inspection Fees,'' is being revised, effective
October 1, 2007, to reduce the administrative fee paid by the station
owner to the GA DNR from $6.95 to $4.02 per pre-purchased Certificate
of Emission Inspection. The fee for fleet inspection stations where GA
EPD has required the installation and operation of a video camera
surveillance system, is being reduced from $7.95 to $5.02. The
reductions are based, in part, on lower contractual expenses effective
October 1, 2007. This change will have a positive impact on small
business owners that conduct vehicle inspections, by reducing their
costs. There is no change in cost to the general public, as the
inspection fee will remain the same. 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-.21 subparagraphs (3)(a)
through (d) into the Georgia SIP. These revisions were submitted by GA
EPD on September 26, 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 February 5, 2008
without further notice unless the Agency receives adverse comments by
January 7, 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 February 5,
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
(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 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 February 5, 2008. Filing a petition for
reconsideration by the
[[Page 69150]]
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: November 28, 2007.
J.I. Palmer, Jr.,
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 09/26/2007 12/07/2007 [Insert
and Maintenance. citation of
publication].
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[FR Doc. E7-23710 Filed 12-6-07; 8:45 am]
BILLING CODE 6560-50-P