[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]
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ENVIRONMENTAL PROTECTION AGENCY
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.
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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].
SUPPLEMENTARY INFORMATION:
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
annually.
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
guidance.
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.
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 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.
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.
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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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Chapter 52 Attainment and Maintenance of the National Ambient Air Quality Standards
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391-3-20................. Enhanced Inspection 12/28/2008 04/17/2009 [Insert
and Maintenance. citation of
publication].
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[FR Doc. E9-8784 Filed 4-16-09; 8:45 am]
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