Approval and Promulgation of Implementation Plans Georgia: Approval of Revisions to the Georgia State Implementation Plan, 18991-18993 [05-7308]
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Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Rules and Regulations
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (32)(e) of the
Instruction, from further environmental
documentation. Under figure 2–1,
paragraph (32)(e), of the Instruction an
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are not required for this
rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for Part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); Section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
§ 117.261
[Amended]
2. In § 117.261, remove and reserve
paragraphs (c), (ii), (nn) and (oo).
I
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16:58 Apr 11, 2005
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§ 117.287
[Amended]
3. In § 117.287, remove and reserve
paragraph (c).
I
§ 117.325
[Amended]
4. In § 117.325, remove paragraph (b)
and redesignate paragraph (c) as
paragraph (b).
I
§ 117.937
I
[Removed]
5. Remove § 117.937.
Dated: March 31, 2005.
D.B. Peterman,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 05–7325 Filed 4–11–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R04–OAR–2004–GA–0002–200504(a); FRL–
7898–5]
Approval and Promulgation of
Implementation Plans Georgia:
Approval of Revisions to the Georgia
State Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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 December 18, 2003. These
revisions pertain to rules for Enhanced
Inspection and Maintenance (I/M).
These revisions were the subject of a
public hearing held on November 5,
2003, adopted by the Board of Natural
Resources on December 3, 2003, and
became State effective on December 25,
2003.
DATES: This direct final rule is effective
June 13, 2005 without further notice,
unless EPA receives adverse comment
by May 12, 2005. 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 Regional Material in
EDocket (RME) ID No. R04–OAR–2004–
GA–0002, by one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/ RME, EPA’s
PO 00000
Frm 00031
Fmt 4700
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18991
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail: martin.scott@epa.gov.
4. Fax: (404) 562–9019.
5. Mail: ‘‘R04–OAR–2004–GA–0002’’,
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.
6. Hand Delivery or Courier. Deliver
your comments to: Scott M. Martin,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division 12th floor,
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
RME ID No. R04–OAR–2004–GA–0002.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
docket.epa.gov/rmepub/, 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 information that you
consider to be CBI or otherwise
protected through RME, regulations.gov,
or e-mail. The EPA RME website and
the federal regulations.gov website are
‘‘anonymous access’’ systems, 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 RME or
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
E:\FR\FM\12APR1.SGM
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Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Rules and Regulations
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the RME
index at https://docket.epa.gov/rmepub/.
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 RME 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 contact 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:
Scott M. Martin, 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) 562–9036 Mr.
Martin can also be reached via
electronic mail at martin.scott@epa.gov.
SUPPLEMENTARY INFORMATION: The use of
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ in this document
refers to EPA.
Table of Contents
I. General Information
II. Background
III. Analysis of State’s Submittal
IV. Final Action
V. Statutory and Executive Order Reviews
I. General Information
A. How Can I Get Copies of This
Document and Other Related
Information?
In addition to the publicly available
docket materials available for inspection
electronically in Regional Material in
EDocket, and the hard copy available at
the Regional Office, which are identified
in the ADDRESSES section above, copies
of the State submittal and EPA’s
technical support document are also
available for public inspection during
normal business hours, by appointment
at the State Air Agency. Air Protection
Branch, Georgia Environmental
Protection Division, Georgia Department
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of Natural Resources, 4244 International
Parkway, Suite 120, Atlanta, Georgia
30354. Telephone (404) 363–7000.
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
II. Background
The EPA is approving the SIP
revisions submitted by the State of
Georgia, through the GAEPD, on
December 18, 2003. These revisions
pertain to rules for Enhanced Inspection
and Maintenance (I/M). These revisions
were the subject of a public hearing held
on November 5, 2003, adopted by the
Board of Natural Resources on
December 3, 2003, and became effective
on December 25, 2003.
V. 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
(Public Law 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
III. Analysis of State’s Submittal
Rule 391–3–20–.01(y) ‘‘I/M Test
Manual’’ is being revised to update the
reference to the I/M Test Manual to
reference the current version dated
September 23, 2003.
Rule 391–3–20–17(2) ‘‘Waivers’’ is
being amended to make the annual
adjustment of the repair waiver limit
using the consumer price index data as
published by the Federal Bureau of
Labor Statistics. For test year 2004 the
limit will be $673.00.
IV. 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
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 13, 2005
without further notice unless the
Agency receives adverse comments by
May 12, 2005.
If the 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. 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 13,
2005 and no further action will be taken
on the proposed rule. 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,
PO 00000
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Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Rules and Regulations
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. section 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. section 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 13, 2005.
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, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 28, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
I Part 52 of chapter I, title 40, Code of
Federal Regulations, is amended as
follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570(c), is amended by
revising entry for: ‘‘391–3–20’’ to read as
follows:
I
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED GEORGIA REGULATIONS
State citation
Title/subject
State
effective
date
*
391–3–20 ..........
*
*
*
Enhanced Inspection and Maintenance .....................................
*
12/25/2003
*
*
*
*
*
*
*
*
[FR Doc. 05–7308 Filed 4–11–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[TX–80–1–7353; FRL—7897–7]
Approval and Promulgation of
Implementation Plans; Texas; 15%
Rate-of-Progress Plan and Motor
Vehicle Emissions Budgets, Dallas/
Fort Worth Ozone Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision for
the State of Texas for the 15% Rate-ofProgress Plan (ROP) and 15% ROP
VerDate jul<14>2003
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*
Frm 00033
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Sfmt 4700
*
4/12/05 [Insert first page
number of publication].
*
Motor Vehicle Emissions Budget
(MVEB) for the Dallas/Fort Worth
(DFW) ozone nonattainment area. This
plan shows planned emission
reductions required by the Clean Air
Act (Act) from 1990 to 1996 to improve
air quality in the Dallas/Fort Worth
Area. The reductions are from the 1990
base year emissions inventory. The
MVEBs are used for determining
conformity of transportation projects to
the SIP. This action satisfies the Act’s
requirements for an ozone
nonattainment area’s 15% Rate-ofProgress Plan and approves the MVEBs
under the ROP Plan.
DATES: This rule is effective on May 12,
2005.
ADDRESSES: Copies of the documents
relevant to this action are in the official
file which is available at the Air
Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
PO 00000
EPA approval date
*
Explanation
*
*
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 am and
4:30 pm weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below to make an
appointment. If possible, please make
the appointment at least two working
days in advance of your visit. There will
be a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
Copies of any State submittals and
EPA’s technical support document are
also available for public inspection at
the State Air Agency listed below
during official business hours by
appointment:
Texas Commission on Environmental
Quality, Office of Air Quality, 12124
Park 35 Circle, Austin, Texas 78753.
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]]>Agencies
[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Rules and Regulations]
[Pages 18991-18993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7308]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R04-OAR-2004-GA-0002-200504(a); FRL-7898-5]
Approval and Promulgation of Implementation Plans Georgia:
Approval of Revisions to the Georgia State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
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 December 18, 2003. These
revisions pertain to rules for Enhanced Inspection and Maintenance (I/
M). These revisions were the subject of a public hearing held on
November 5, 2003, adopted by the Board of Natural Resources on December
3, 2003, and became State effective on December 25, 2003.
DATES: This direct final rule is effective June 13, 2005 without
further notice, unless EPA receives adverse comment by May 12, 2005. 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 Regional Material in
EDocket (RME) ID No. R04-OAR-2004-GA-0002, by one of the following
methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: https://docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: martin.scott@epa.gov.
4. Fax: (404) 562-9019.
5. Mail: ``R04-OAR-2004-GA-0002'', 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.
6. Hand Delivery or Courier. Deliver your comments to: Scott M.
Martin, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division 12th floor, 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 RME ID No. R04-OAR-2004-GA-
0002. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
https://docket.epa.gov/rmepub/, 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 information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME website and the federal regulations.gov website
are ``anonymous access'' systems, 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 RME or 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
[[Page 18992]]
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at https://docket.epa.gov/rmepub/. 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 RME
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 contact 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: Scott M. Martin, 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) 562-9036 Mr. Martin can also be reached via electronic mail at
martin.scott@epa.gov.
SUPPLEMENTARY INFORMATION: The use of ``we,'' ``us,'' or ``our'' in
this document refers to EPA.
Table of Contents
I. General Information
II. Background
III. Analysis of State's Submittal
IV. Final Action
V. Statutory and Executive Order Reviews
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
In addition to the publicly available docket materials available
for inspection electronically in Regional Material in EDocket, and the
hard copy available at the Regional Office, which are identified in the
ADDRESSES section above, copies of the State submittal and EPA's
technical support document are also available for public inspection
during normal business hours, by appointment at the State Air Agency.
Air Protection Branch, Georgia Environmental Protection Division,
Georgia Department of Natural Resources, 4244 International Parkway,
Suite 120, Atlanta, Georgia 30354. Telephone (404) 363-7000.
II. Background
The EPA is approving the SIP revisions submitted by the State of
Georgia, through the GAEPD, on December 18, 2003. These revisions
pertain to rules for Enhanced Inspection and Maintenance (I/M). These
revisions were the subject of a public hearing held on November 5,
2003, adopted by the Board of Natural Resources on December 3, 2003,
and became effective on December 25, 2003.
III. Analysis of State's Submittal
Rule 391-3-20-.01(y) ``I/M Test Manual'' is being revised to update
the reference to the I/M Test Manual to reference the current version
dated September 23, 2003.
Rule 391-3-20-17(2) ``Waivers'' is being amended to make the annual
adjustment of the repair waiver limit using the consumer price index
data as published by the Federal Bureau of Labor Statistics. For test
year 2004 the limit will be $673.00.
IV. 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
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 13, 2005
without further notice unless the Agency receives adverse comments by
May 12, 2005.
If the 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. 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 13, 2005 and no
further action will be taken on the proposed rule. 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.
V. 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 (Public Law 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
[[Page 18993]]
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. section 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.
section 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 13, 2005. 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, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: March 28, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
Part 52 of chapter I, title 40, Code of Federal Regulations, 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 entry for: ``391-3-20'' to
read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-20............. Enhanced Inspection 12/25/2003 4/12/05 [Insert first page
and Maintenance. number of publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 05-7308 Filed 4-11-05; 8:45 am]
BILLING CODE 6560-50-P
