Approval and Promulgation of Implementation Plans; Georgia: Enhanced Inspection and Maintenance Plan, 24500-24502 [E8-9735]

Download as PDF 24500 Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Rules and Regulations Dated: March 31, 2008. Brian M. Salerno, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, Security and Stewardship. [FR Doc. E8–9812 Filed 5–2–08; 8:45 am] Figure 2–1, paragraph (34) (d) of the Instruction. This rule involves the equipping of vessels. An ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are available in the docket where indicated under ADDRESSES. BILLING CODE 4910–15–P List of Subjects ENVIRONMENTAL PROTECTION AGENCY 33 CFR Part 155 Alaska, Hazardous substances, Oil pollution, Reporting and recordkeeping requirements. 33 CFR Part 156 Hazardous substances, Oil pollution, Reporting and recordkeeping requirements, Water pollution control. For the reasons discussed in the preamble, the Coast Guard is amending 33 CFR parts 155 and 156 as follows: I PART 155—OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS [EPA–R04–OAR–2008–0116–200807a; FRL– 8560–3] Approval and Promulgation of Implementation Plans; Georgia: Enhanced Inspection and Maintenance Plan Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703a, 3715; E.O. 11735, 3 CFR 1971– 1975 Comp., p. 793. Section 156.120(bb) and (ee) are also issued under 46 U.S.C. 3703. SUMMARY: EPA is approving revisions to the Georgia State Implementation Plan (SIP), submitted by the Georgia Department of Natural Resources (GA DNR), through the Georgia Environmental Protection Division (GA EPD), on December 28, 2007. The revisions include minor changes to Georgia’s Air Quality Rules found at Chapter 391–3–20–.17, pertaining to rules for Enhanced Inspection and Maintenance (I/M). Enhanced I/M was required for 1-hour ozone nonattainment areas classified as serious and above, under the Clean Air Act (CAA). The enhanced I/M program is not a required measure for Atlanta for the 8-hour ozone standard pursuant to the CAA because the area is classified as a moderate nonattainment area (73 FR 12013). However, the enhanced I/M program was approved into the SIP for the 1-hour ozone standard and will remain in the SIP until such time that the State removes the requirement. To remove the requirement from the SIP, the State would have to make a demonstration that removal of this program would not interfere with or delay attainment, consistent with section 110(1) of the CAA. The I/M program is a way to ensure that vehicles are maintained properly and verify that the emission control system is operating correctly, in order to reduce vehiclerelated emissions. This action is being taken pursuant to section 110 of the CAA. § 156.120 DATES: 1. The authority citation for 33 CFR part 155 and the note following citation continue to read as follows: I Authority: 33 U.S.C. 1231, 1321(j); E.O. 11735, 3 CFR, 1971–1975 Comp., p. 793. Sections 155.100 through 155.130, 150.350 through 155.400, 155.430, 155.440, 155.470, 155.1030(j) and (k), and 155.1065(g) are also issued under 33 U.S.C. 1903(b). Sections 155.480, 155.490, 155.750(e), and 155.775 are also issued under 46 U.S.C. 3703. Section 155.490 also issued under section 4110(b) of Pub. L. 101–380. Note: Additional requirements for vessels carrying oil or hazardous materials are contained in 46 CFR Parts 30 through 40, 150, 151, and 153. § 155.200 [Amended] 2. In § 155.200, suspend the definition for ‘‘Sea State 5’’ from June 4, 2008 until June 6, 2011. I § 155.490 [Suspended] 3. Suspend § 155.490 from June 4, 2008 until June 6, 2011. I PART 156—OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS 4. The authority citation for 33 CFR part 156 continues to read as follows: I rfrederick on PROD1PC67 with RULES 40 CFR Part 52 [Amended] 5. In § 156.120, suspend paragraph (ee) from June 4, 2008 until June 6, 2011. I VerDate Aug<31>2005 14:39 May 02, 2008 Jkt 214001 This direct final rule is effective July 7, 2008 without further notice, unless EPA receives adverse comment by June 4, 2008. If adverse comment is received, EPA will publish a timely PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number, ‘‘EPA– R04–OAR–2008–0116,’’ by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: harder.stacy@epa.gov. 3. Fax: 404–562–9019. 4. Mail: ‘‘EPA–R04–OAR–2008– 0116,’’ Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. 5. Hand Delivery or Courier: Stacy Harder, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays. Instructions: Direct your comments to Docket ID Number, ‘‘EPA–R04–OAR– 2008–0116.’’ EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov or e-mail, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be E:\FR\FM\05MYR1.SGM 05MYR1 Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Rules and Regulations 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, 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 rfrederick on PROD1PC67 with RULES I. EPA’s Action II. Analysis of the State’s Submittal III. Final Action IV. Statutory and Executive Order Reviews I. EPA’s Action EPA is approving a SIP revision submitted by the GA DNR, through GA EPD on December 28, 2007, pertaining to rules for Georgia’s enhanced I/M program. The changes include changes to Georgia’s Air Quality Rules, found at Chapters 391–3–20–.17 ‘‘Waivers,’’ subparagraph (2)(a). These revisions became State effective on September 26, 2007. II. Analysis of the State’s Submittal Rule 391–3–20–.17 ‘‘Waivers,’’ is being revised to update the set dollar amount for repair costs that may qualify VerDate Aug<31>2005 14:39 May 02, 2008 Jkt 214001 for a waiver from the inspection requirements for the 2008 test year. Specifically, for the 2008 test year, the waiver limit is revised from $738 to $755, of qualifying repairs. For vehicles which otherwise qualify for waivers during the 2007 test year, the waiver limit is revised from $710 to $738, of qualifying repairs. These revisions, which Georgia submits on an annual basis, are based upon consumer price index data, as published by the Federal Bureau of Labor Statistics (see, CAA section 182(c)(3)(C)(iii)). This change does not impose any additional cost to the regulated industry or the public. Additionally, this change has no effect on the emissions reductions claimed in the SIP. III. Final Action EPA is taking direct final action to approve the aforementioned revisions, specifically, Chapters 391–3–20–.17 subparagraph (2)(a) into the Georgia SIP. These revisions were submitted by GA EPD on December 28, 2007. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective July 7, 2008 without further notice unless the Agency receives adverse comments by June 4, 2008. If EPA receives such comments, EPA will then publish a document withdrawing the direct final rule and informing the public that such rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on July 7, 2008 and no further action will be taken on the proposed rule. IV. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211. ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 24501 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045, ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the E:\FR\FM\05MYR1.SGM 05MYR1 24502 Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Rules and Regulations provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 7, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See, section 307(b)(2).) Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: April 17 2008. Russell L. Wright, Jr. Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 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 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, § 52.570 * Identification of plan. * * (c) * * * * * EPA—APPROVED GEORGIA REGULATIONS State effective date State citation Title/subject * 391–3–20 ........................ * 09/26/2007 * 05/05/2008 [Insert citation of publication]. * * * Enhanced inspection and Maintenance ................... * * * * * * * * [FR Doc. E8–9735 Filed 5–2–08; 8:45 am] BILLING CODE 6560–50–M FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 76 [CS Docket No. 00–96; FCC 08–86] Carriage of Digital Television Broadcast Signals; Implementation of the Satellite Home Viewer Improvement Act of 1999: Local Broadcast Signal Carriage Issues and Retransmission Consent Issues Federal Communications Commission. ACTION: Final rule. AGENCY: rfrederick on PROD1PC67 with RULES EPA approval date SUMMARY: The actions taken in this document represent another step in the Commission’s ongoing efforts to complete the transition from analog to digital television. In this document, we amend the rules to require satellite carriers to carry digital-only stations upon request in markets in which they VerDate Aug<31>2005 14:39 May 02, 2008 Jkt 214001 * * are providing any local-into-local service pursuant to the statutory copyright license, and to require carriage of all high definition (‘‘HD’’) signals in a market in which any station’s signals are carried in HD. DATES: Effective June 4, 2008, except the amendments to 47 CFR 76.66(b)(1) and 47 CFR 76.66(d)(2)(vi), which contain new information collection requirements under the PRA and shall not be effective until the FCC publishes a document in the Federal Register announcing OMB approval of the effective date of these information collections. ADDRESSES: Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. You may submit comments, identified by CS Docket No. 00–96, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Federal Communications Commission’s Web site: https:// www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments. People with Disabilities: Contact the FCC to request reasonable PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 * Explanation date * * accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202–418–0530 or TTY: 202– 418–0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. In addition to filing comments with the Office of the Secretary, a copy of any comments on the Paperwork Reduction Act information collection requirements contained herein should be submitted to Cathy Williams, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554, or via the Internet to PRA@fcc.gov. FOR FURTHER INFORMATION CONTACT: For more information on this proceeding, please contact Lyle Elder, Lyle.Elder@fcc.gov, or Eloise Gore, Eloise.Gore@fcc.gov, of the Media Bureau, Policy Division, (202) 418– 2120. For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, contact Cathy Williams on (202) 418–2918, or via the Internet at PRA@fcc.gov. E:\FR\FM\05MYR1.SGM 05MYR1

Agencies

[Federal Register Volume 73, Number 87 (Monday, May 5, 2008)]
[Rules and Regulations]
[Pages 24500-24502]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9735]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2008-0116-200807a; FRL-8560-3]


Approval and Promulgation of Implementation Plans; Georgia: 
Enhanced Inspection and Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving revisions to the Georgia State Implementation 
Plan (SIP), submitted by the Georgia Department of Natural Resources 
(GA DNR), through the Georgia Environmental Protection Division (GA 
EPD), on December 28, 2007. The revisions include minor changes to 
Georgia's Air Quality Rules found at Chapter 391-3-20-.17, pertaining 
to rules for Enhanced Inspection and Maintenance (I/M). Enhanced I/M 
was required for 1-hour ozone nonattainment areas classified as serious 
and above, under the Clean Air Act (CAA). The enhanced I/M program is 
not a required measure for Atlanta for the 8-hour ozone standard 
pursuant to the CAA because the area is classified as a moderate 
nonattainment area (73 FR 12013). However, the enhanced I/M program was 
approved into the SIP for the 1-hour ozone standard and will remain in 
the SIP until such time that the State removes the requirement. To 
remove the requirement from the SIP, the State would have to make a 
demonstration that removal of this program would not interfere with or 
delay attainment, consistent with section 110(1) of the CAA. The I/M 
program is a way to ensure that vehicles are maintained properly and 
verify that the emission control system is operating correctly, in 
order to reduce vehicle-related emissions. This action is being taken 
pursuant to section 110 of the CAA.

DATES: This direct final rule is effective July 7, 2008 without further 
notice, unless EPA receives adverse comment by June 4, 2008. If adverse 
comment is received, EPA will publish a timely withdrawal of the direct 
final rule in the Federal Register and inform the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number, ``EPA-
R04-OAR-2008-0116,'' by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: harder.stacy@epa.gov.
    3. Fax: 404-562-9019.
    4. Mail: ``EPA-R04-OAR-2008-0116,'' Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Stacy Harder, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m., excluding federal holidays.
    Instructions: Direct your comments to Docket ID Number, ``EPA-R04-
OAR-2008-0116.'' EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through 
www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be

[[Page 24501]]

able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses. For additional information about EPA's public docket visit 
the EPA Docket Center homepage at 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, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Stacy Harder, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9042. Ms. Harder can also be reached via electronic mail at 
harder.stacy@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. EPA's Action
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. EPA's Action

    EPA is approving a SIP revision submitted by the GA DNR, through GA 
EPD on December 28, 2007, pertaining to rules for Georgia's enhanced I/
M program. The changes include changes to Georgia's Air Quality Rules, 
found at Chapters 391-3-20-.17 ``Waivers,'' subparagraph (2)(a). These 
revisions became State effective on September 26, 2007.

II. Analysis of the State's Submittal

    Rule 391-3-20-.17 ``Waivers,'' is being revised to update the set 
dollar amount for repair costs that may qualify for a waiver from the 
inspection requirements for the 2008 test year. Specifically, for the 
2008 test year, the waiver limit is revised from $738 to $755, of 
qualifying repairs. For vehicles which otherwise qualify for waivers 
during the 2007 test year, the waiver limit is revised from $710 to 
$738, of qualifying repairs. These revisions, which Georgia submits on 
an annual basis, are based upon consumer price index data, as published 
by the Federal Bureau of Labor Statistics (see, CAA section 
182(c)(3)(C)(iii)). This change does not impose any additional cost to 
the regulated industry or the public. Additionally, this change has no 
effect on the emissions reductions claimed in the SIP.

III. Final Action

    EPA is taking direct final action to approve the aforementioned 
revisions, specifically, Chapters 391-3-20-.17 subparagraph (2)(a) into 
the Georgia SIP. These revisions were submitted by GA EPD on December 
28, 2007.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective July 7, 2008 
without further notice unless the Agency receives adverse comments by 
June 4, 2008.
    If EPA receives such comments, EPA will then publish a document 
withdrawing the direct final rule and informing the public that such 
rule will not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. EPA 
will not institute a second comment period. Parties interested in 
commenting should do so at this time. If no such comments are received, 
the public is advised that this rule will be effective on July 7, 2008 
and no further action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211. 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the

[[Page 24502]]

provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 7, 2008. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See, section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 17 2008.
Russell L. Wright, Jr.
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart L--Georgia

0
2. Section 52.570(c) is amended by revising the entry for ``391-3-20'' 
to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA--Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State        EPA approval
        State citation               Title/subject      effective date        date           Explanation date
----------------------------------------------------------------------------------------------------------------
 
 
                                                  * * * * * * *
391-3-20......................  Enhanced inspection         09/26/2007  05/05/2008
                                 and Maintenance.                        [Insert
                                                                         citation of
                                                                         publication].
 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
 [FR Doc. E8-9735 Filed 5-2-08; 8:45 am]
BILLING CODE 6560-50-M
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