Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Rules and Regulations 17783 

1997, and section 14.3, effective on July 

2, 2007. 

* * * * * 

■ 3. Section 52.1605 is amended by 

revising the entry for Subchapter 14 

under Title 7, Chapter 27 to read as 

follows: 

§ 52.1605 EPA-approved New Jersey 

regulations. 

State regulation State effective date EPA approved date Comments 

* * * * * * * 

Title 7, Chapter 27.

* * * * * * * 

Subchapter 14, ‘‘Control and Prohibition of Air Pollution from DieselPowered Motor Vehicles’’..................................... .............................................................. On September 15, 1997, section 14.2 

was re-numbered to 14.6. The State 

did not submit this change as a SIP 

revision. Therefore, the July 1, 

1985, version of section 14.2 will 

continue to be the EPA-approved 

regulation. 

Sections 14.1–14.3 .............................. July 1, 1985 ............... June 13, 1986. ....................................

Section 14.1 ......................................... July 2, 2007 ............... April 17, 2009 [Insert Federal Register page citation]. 

Section 14.2 ......................................... September 15, 1997 April 17, 2009 [Insert Federal Register page citation]. 

Section 14.3 ......................................... July 2, 2007 ............... April 17, 2009 [Insert Federal Register page citation]. 

* * * * * * * 

[FR Doc. E9–8762 Filed 4–16–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0181; FRL–8892–8] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

Enhanced Inspection and Maintenance 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the State 

Implementation Plan (SIP) revision 

submitted by Georgia Department of 

Natural Resources (GA DNR) through 

the Georgia Environmental Protection 

Division (GA EPD) on February 13, 

2009. The revisions include minor 

changes to Georgia’s Air Quality Rules 

found at Chapter 391–3–20-.17, 

pertaining to rules for Enhanced 

Inspection and Maintenance (I/M). 

Specifically, the changes update the 

amount of repair costs that may qualify 

for a waiver. This action is being taken 

pursuant to section 110 of the Clean Air 

Act (CAA). 

DATES: This direct final rule is effective 

June 16, 2009, without further notice, 

unless EPA receives adverse comment 

by May 18, 2009. If adverse comment is 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2009–0181 by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2009– 

0181,’’ Regulatory Development Section; 

Air Planning Branch; Air, Pesticides and 

Toxics Management Division; U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Regulatory Development 

Section; Air Planning Branch; Air, 

Pesticides and Toxics Management 

Division; U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2009– 

0181.’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access,’’ which means 

EPA will not know your identity or 

contact information unless you provide 

it in the body of your comments. If you 

send an e-mail comment directly to EPA 

without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 


dwashington3 on PROD1PC60 with RULES
17784 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Rules and Regulations 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other materials, such as 

copyrighted material, are not placed on 

the Internet and will be publicly 

available only in the hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section; 

Air Planning Branch; Air, Pesticides and 

Toxics Management Division; U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Mohammad Madjdinasab, Regulatory 

Development Section; Air Planning 

Branch; Air, Pesticides and Toxics 

Management Division; U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9026. 

Mr. Madjdinasab can also be reached via 

electronic mail at 

madjdinasab.mohammad@epa.gov. For 

information relating to the Georgia State 

SIP, contact Ms. Stacy Harder. Ms. 

Harder may be reached at (404) 562– 

9042, or harder.stacy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Analysis of the State’s Submittal 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

The I/M program is a way to ensure 

that vehicles are maintained properly 

and verify that the emission control 

system is operating correctly, in order to 

reduce vehicle-related emissions. 

Enhanced I/M was required for 1-hour 

ozone nonattainment areas classified as 

serious nonattainment and above, under 

the CAA. Georgia implemented an 

enhanced I/M program for the 13-county 

Atlanta 1-hour ozone area in 1996 to 

fulfill the requirements under the CAA 

for a serious nonattainment area. 

Georgia was able to demonstrate 

attainment with the 1-hour ozone 

standard in 2005 for the Atlanta 1-hour 

ozone nonattainment area (referred to 

hereafter as the ‘‘Atlanta area’’). 

However, on April 30, 2004, the Atlanta 

area was designated nonattainment for 

the 8-hour ozone standard (69 FR 

23857), and the area was expanded from 

13 to 20 counties. The Atlanta area was 

first classified as a marginal 

nonattainment area and later 

reclassified to a moderate 

nonattainment area on March 6, 2008 

(73 FR 12013). 

The enhanced I/M program is no 

longer a required measure for Atlanta 

for the 8-hour ozone standard pursuant 

to the CAA because the area is now 

classified as a moderate non-attainment 

area (73 FR 12013). However, the 

enhanced I/M program was approved 

into the SIP for the 1-hour ozone 

standard and must remain in the SIP 

until such time that the State removes 

the requirement, pursuant to section 

110(l) of the CAA. On February 13, 

2009, GA EPD provided its annual 

submission to update the waiver 

provision related to its enhanced I/M 

rule. This submission was provided to 

satisfy 40 CFR 51.360(a)(7). Specifically, 

40 CFR 51.360(a)(7) states ‘‘Beginning 

on January 1, 1998, enhanced I/M 

programs shall require the motorist to 

make an expenditure of at least $450 in 

repairs to qualify for a waiver. The I/M 

program shall provide that the $450 

minimum expenditure shall be adjusted 

in January of each year by the 

percentage, if any, by which the 

Consumer Price Index for the preceding 

calendar year differs from the Consumer 

Price Index of 1989. Prior to January 1, 

1998, States may adopt any minimum 

expenditure commensurate with the 

waiver rate committed to for the 

purposes of modeling compliance with 

the relevant enhanced I/M performance 

standard.’’ 

II. Analysis of the State’s Submittal 

In accordance with 40 CFR 

51.360(a)(7), Rule 391–3–20-.17 

‘‘Waivers’’ was revised effective January 

1, 2009, to adjust the minimum amount 

that must be paid on qualifying repairs 

after a vehicle fails an initial test in 

order to be granted a wavier from 

complying with the inspection 

requirements for the corresponding 

registration period. A minimum repair 

cost of $450 must be made on qualifying 

repairs after the vehicle fails the initial 

test. The $450 level will be adjusted 

each year to reflect the change in the 

Consumer Price Index after 1989. These 

revisions became State effective on 

December 28, 2008. In the February 13, 

2009, submittal, State of Georgia stated 

that this change will not have a negative 

impact on small business owners that 

conduct vehicle inspections. Further, 

there is no change in cost to the general 

public, as these fees used to be adjusted 

annually utilizing the Consumer Price 

Index and submitted to EPA for 

approval annually. GA EPD is simply 

making this SIP revision to avoid the 

submission of minimum required repair 

cost and revising their SIP annually. 

III. Final Action 

EPA is taking direct final action to 

approve the aforementioned revisions, 

specifically, Chapter 391–30–20-.17 

Subparagraph (2)(a) into the Georgia 

SIP. These revisions submitted by GA 

EPD on February 13, 2009, are 

consistent with CAA requirements, and 

EPA policy and guidance. 

EPA is publishing this rule without 

prior proposal because the agency views 

this as a noncontroversial submittal and 

anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revision should adverse 

comments be filed. This rule will be 

effective June 16, 2009 without further 

notice unless the Agency receives 

adverse comments by May 18, 2009. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on June 16, 2009 

and no further action will be taken on 

the proposed rule. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Rules and Regulations 17785 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in an Indian 

country located in the state, and EPA 

notes that it will not impose substantial 

direct costs on tribal governments or 

preempt tribal laws. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 16, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Volatile organic compounds. 

Dated: April 3, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart L—Georgia 

■ 2. Section 52.570(c) is amended by 

revising the entry for ‘‘391–3–20’’ to 

read as follows: 

§ 52.570 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED GEORGIA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

* * * * * * * 

Chapter 52 Attainment and Maintenance of the National Ambient Air Quality Standards 

* * * * * * * 

391–3–20 ......... Enhanced Inspection and Maintenance ...... 12/28/2008 04/17/2009 [Insert citation of publication]. 

* * * * * 

[FR Doc. E9–8784 Filed 4–16–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R05–RCRA–2008–0712; FRL–8789–6] 

Wisconsin: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is granting Wisconsin 

final authorization of the changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The agency published a 

proposed rule on November 25, 2008 at 

73 FR 71583 and provided for public 

comment. The public comment period 

ended on December 26, 2008. We 

received no comments. No further 

opportunity for comment will be 

provided. EPA has determined that 

these changes satisfy all requirements 

needed to qualify for final authorization, 

and is proposing to authorize the State’s 


dwashington3 on PROD1PC60 with RULES