Approval and Promulgation of Implementation Plans Georgia: Enhanced Inspection and Maintenance Plan, 29075-29077 [E7-10057]
Download as PDF
Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Rules and Regulations
securing medical treatment for injuries,
information on legal rights and
proceedings, and referral to military and
civilian shelters and other resources
available to victims.
§ 635.36
Notification.
(a) In addition to providing crime
victims and witnesses a DD Form 2701,
law enforcement personnel must ensure
that individuals are notified about—
(1) Available military and civilian
emergency medical care.
(2) Social services, when necessary.
(3) Procedures to contact the staff
judge advocate victim/witness liaison
office for additional assistance.
(b) Investigating law enforcement
personnel, such as military police
investigators—
(1) Must ensure that victims and
witnesses have been offered a DD Form
2701. If not, investigating personnel will
give the individual a copy.
(2) In coordination with the Provost
Marshal/Director of Emergency Services
victim witness coordinator, provide
status on investigation of the crime to
the extent that releasing such
information does not jeopardize the
investigation.
(3) Will, if requested, inform all
victims and witnesses of the
apprehension of a suspected offender.
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§ 635.37 Statistical reporting
requirements.
(a) DOD policies on victim witness
assistance require reporting of statistics
on the number of individuals who are
notified of their rights. The DA Form
3975 provides for the collection of
statistical information.
(b) The COPS system supports
automated reporting of statistics. HQDA,
Office of the Provost Marshal General
(DAPM–PD–LE) as the program manager
may require periodic reports to meet
unique requests for information.
(c) It is possible that a victim or
witness may initially decline a DD Form
2701. As the case progresses, the
individual may request information. If a
case is still open in the Provost Marshal
Office/Directorate of Emergency
Services, the Provost Marshal/Director
of Emergency Services victim witness
coordinator shall provide the DA Form
2701 to the individual and update the
records. Once the case is referred to the
staff judge advocate or law enforcement
activity ceases, COPS will not be
updated without prior coordination
with the installation Staff Judge
Advocate office.
[FR Doc. E7–10080 Filed 5–23–07; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2006–0985–200625; FRL–
8318–1]
Approval and Promulgation of
Implementation Plans Georgia:
Enhanced Inspection and Maintenance
Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving two
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 July 25, 2006,
and January 25, 2007. The revisions
include modifications to Georgia’s Air
Quality Rules found at Chapter 391–3–
20, 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 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 vehiclerelated emissions. This action is being
taken pursuant to section 110 of the
Clean Air Act (CAA).
DATES: This direct final rule is effective
July 23, 2007 without further notice,
unless EPA receives adverse comment
by June 25, 2007. 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–2006–0985,’’ 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–2006–
0985,’’ 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,
PO 00000
Frm 00021
Fmt 4700
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29075
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–
2006–0985.’’ 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
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 https://
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,
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Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Rules and Regulations
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 two SIP revisions
submitted by the State of Georgia,
through the GA EPD, on July 25, 2006,
and January 25, 2007, pertaining to rules
for I/M. These revisions became State
effective on January 10, 2007. The
proposed revisions in the July 25, 2006,
submittal include changes made by the
State of Georgia to its Air Quality Rules,
found at Chapters 391–3–20–.01, .02,
.03, .04, .05, .07, .08 , .09, .10, .11, .12,
.13, .15, .16, .17(1), .17(2)(a)1, .17(2)(b),
.17(e), .18, .19, .20, .21, and .22. The
proposed revisions in the January 25,
2007, submittal include changes to
Chapters 391–3–20–.01(m), and 391–3–
20–.17(2)(a)1.
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II. Analysis of the State’s Submittal
July 25, 2006 Submittal
Rule 391–3–20, Inspection and
Maintenance, is being revised for the
purpose of removing outdated
requirements, updating portions for
consistency with the CAA, enhancing
enforcement capabilities, and
performing overall housekeeping edits
associated with such an extensive rule
revision. Additionally, clarifying
language is being added to the rule,
which includes clarification of
applicability and of inspector
qualifications, the establishment of
common terms, and the removal of
outdated language. Finally, the
‘‘Waivers’’ section of this rule, is being
revised 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 the test year 2006, the
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15:15 May 23, 2007
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waiver limit shall be $710.00 of
qualifying repairs.
January 25, 2007 Submittal
Rule 391–3–20–.01 ‘‘Definitions,’’ is
being revised for the purpose of
incorporating the most recent version of
the GA DNR motor vehicle emission
I/M policy (‘‘Enforcement Policy’’),
dated July 28, 2006. Additionally, the
‘‘Waivers’’ section of this rule (391–3–
20–.17((2)(a)1), is being revised 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 the test
year 2007, the waiver limit shall be
$738.00 of qualifying repairs. For
vehicles which otherwise qualify for
waivers during the 2006 test year, the
waiver limit shall be $710.00 of
qualifying repairs.
III. Final Action
EPA is taking direct final action to
approve the aforementioned revisions,
specifically, Chapters 391–3–20–.01,
.02, .03, .04, .05, .07, .08 , .09, .10, .11,
.12, .13, .15, .16, .17(1), .17(2)(a)1,
.17(2)(b), .17(e), .18, .19, .20, .21, and .22
into the Georgia SIP. These revisions
were submitted by GA EPD on July 25,
2006, and January 25, 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 23, 2007
without further notice unless the
Agency receives adverse comments by
June 25, 2007.
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 23, 2007
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.
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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
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Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Rules and Regulations
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 July 23, 2007. 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).)
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 14, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
I
40 CFR part 52 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 the entry for ‘‘391–3–20’’ to
read as follows:
I
§ 52.570
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED GEORGIA REGULATIONS
State citation
*
*
391–3–20 ............................................
*
*
*
*
Enhanced
nance.
*
*
*
*
BILLING CODE 6560–50–P
48 CFR Part 970
RIN 1991–AB67
Acquisition Regulation:
Implementation of DOE’s Cooperative
Audit Strategy for Its Management and
Operating Contracts
Department of Energy.
Final rule.
AGENCY:
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SUMMARY: The Department of Energy
(DOE) is amending its Acquisition
Regulation (DEAR) by making minor
amendments to existing contractor
internal audit requirements, through the
use of the Cooperative Audit Strategy.
DATES: Effective Date: June 25, 2007.
FOR FURTHER INFORMATION CONTACT:
Helen Oxberger, U.S. Department of
Energy, MA–61, 1000 Independence
15:15 May 23, 2007
and
*
Mainte-
*
01/10/2007
*
Jkt 211001
Avenue, SW., Washington, DC 20585,
telephone (202) 287–1332 or submit
electronically to
helen.oxberger@hq.doe.gov.
I. Background
II. Discussion of Public Comments
III. Section-by-Section Analysis
IV. Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act
D. Review Under the National
Environmental Policy Act
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under the Treasury and General
Government Appropriations Act, 2001
J. Review Under Executive Order 13211
K. Review Under the Small Business
Regulatory Enforcement Fairness Act of
1996
L. Approval by the Office of the Secretary
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EPA approval date
*
05/24/2007 [Insert citation of publication].
*
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF ENERGY
VerDate Aug<31>2005
Inspection
*
[FR Doc. E7–10057 Filed 5–23–07; 8:45 am]
ACTION:
State effective
date
Title/subject
Sfmt 4700
*
Explanation
*
*
I. Background
The Department contracts for the
management and operation of its
Government-owned or -controlled
research, development, special
production, or testing facilities through
the use of management and operating
(M&O) contracts. The Department
historically expends approximately 73
percent of its annual appropriations
through these M&O prime contracts.
Thus, it is imperative for the
Department to develop approaches
which permit oversight of M&O
contractor expenditures in order for the
Department to satisfy its oversight
responsibility and to ensure that DOE
funds are expended on allowable costs.
The creation and maintenance of
rigorous business, financial, and
accounting systems by contractors are
crucial to assuring the integrity and
reliability of the cost data used by the
DOE’s Chief Financial Officer (CFO), the
Inspector General (IG), and contracting
officers (COs). To ensure the reliability
of these systems, DOE requires some of
its contractors to maintain an internal
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Agencies
[Federal Register Volume 72, Number 100 (Thursday, May 24, 2007)]
[Rules and Regulations]
[Pages 29075-29077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10057]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2006-0985-200625; FRL-8318-1]
Approval and Promulgation of Implementation Plans Georgia:
Enhanced Inspection and Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving two 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 July 25, 2006, and January 25, 2007.
The revisions include modifications to Georgia's Air Quality Rules
found at Chapter 391-3-20, 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 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 Clean Air Act
(CAA).
DATES: This direct final rule is effective July 23, 2007 without
further notice, unless EPA receives adverse comment by June 25, 2007.
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-2006-0985,'' 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-2006-0985,'' 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-2006-0985.'' 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 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 https://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,
[[Page 29076]]
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 two SIP revisions submitted by the State of
Georgia, through the GA EPD, on July 25, 2006, and January 25, 2007,
pertaining to rules for I/M. These revisions became State effective on
January 10, 2007. The proposed revisions in the July 25, 2006,
submittal include changes made by the State of Georgia to its Air
Quality Rules, found at Chapters 391-3-20-.01, .02, .03, .04, .05, .07,
.08 , .09, .10, .11, .12, .13, .15, .16, .17(1), .17(2)(a)1, .17(2)(b),
.17(e), .18, .19, .20, .21, and .22. The proposed revisions in the
January 25, 2007, submittal include changes to Chapters 391-3-
20-.01(m), and 391-3-20-.17(2)(a)1.
II. Analysis of the State's Submittal
July 25, 2006 Submittal
Rule 391-3-20, Inspection and Maintenance, is being revised for the
purpose of removing outdated requirements, updating portions for
consistency with the CAA, enhancing enforcement capabilities, and
performing overall housekeeping edits associated with such an extensive
rule revision. Additionally, clarifying language is being added to the
rule, which includes clarification of applicability and of inspector
qualifications, the establishment of common terms, and the removal of
outdated language. Finally, the ``Waivers'' section of this rule, is
being revised 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 the test year 2006, the waiver limit shall be
$710.00 of qualifying repairs.
January 25, 2007 Submittal
Rule 391-3-20-.01 ``Definitions,'' is being revised for the purpose
of incorporating the most recent version of the GA DNR motor vehicle
emission I/M policy (``Enforcement Policy''), dated July 28, 2006.
Additionally, the ``Waivers'' section of this rule (391-3-
20-.17((2)(a)1), is being revised 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 the test year 2007, the
waiver limit shall be $738.00 of qualifying repairs. For vehicles which
otherwise qualify for waivers during the 2006 test year, the waiver
limit shall be $710.00 of qualifying repairs.
III. Final Action
EPA is taking direct final action to approve the aforementioned
revisions, specifically, Chapters 391-3-20-.01, .02, .03, .04, .05,
.07, .08 , .09, .10, .11, .12, .13, .15, .16, .17(1), .17(2)(a)1,
.17(2)(b), .17(e), .18, .19, .20, .21, and .22 into the Georgia SIP.
These revisions were submitted by GA EPD on July 25, 2006, and January
25, 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 23, 2007
without further notice unless the Agency receives adverse comments by
June 25, 2007.
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 23, 2007
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.
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
[[Page 29077]]
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 July 23, 2007. 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,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: May 14, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
0
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
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
391-3-20............................. Enhanced Inspection and 01/10/2007 05/24/2007 [Insert citation of
Maintenance. publication].
* * * * * * *
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* * * * *
[FR Doc. E7-10057 Filed 5-23-07; 8:45 am]
BILLING CODE 6560-50-P