Approval and Promulgation of Air Quality Implementation Plans; State of Georgia; Enhanced Motor Vehicle Inspection and Maintenance Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-34-2-9716; FRL-5865-9]

Approval and Promulgation of Air Quality Implementation Plans;

State of Georgia; Enhanced Motor Vehicle Inspection and Maintenance

Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

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

SUMMARY: EPA is granting interim approval of a State Implementation

Plan (SIP) revision submitted by Georgia. This revision establishes and

requires the implementation of an enhanced motor vehicle inspection and

maintenance (I/M) program in 13 metro Atlanta counties. This action

approves the State's enhanced I/M program for an 18 month interim

period based upon the State's good faith estimate of the program's

performance. This action is being taken under section 110 of the Clean

Air Act (CAA) and section 348 of the National Highway Systems

Designation Act (NHSDA).

DATES: This final rule is effective on September 10, 1997.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

following locations:

Air, Pesticides, and Toxics Management Division, U.S. Environmental

Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia,

30303

Georgia Department of Natural Resources, Environmental Protection

Division, Air Protection Branch, 4244 International Parkway, Suite 120,

Atlanta, Georgia, 30354

Air and Radiation Docket and Information Center (Air Docket 6102) U.S.

Environmental Protection Agency, 401 M St., SW., Washington, DC 20460

FOR FURTHER INFORMATION CONTACT: Ben Franco, by telephone at: (404)

562-9039, or via e-mail at: Franco.B[email protected]. The mailing

address is U.S. EPA Region 4, 61 Forsyth Street, SW., Atlanta, Georgia,

30303.

SUPPLEMENTARY INFORMATION:

I. Background

On December 13, 1996 (61 FR 65496), EPA published a notice of

proposed rulemaking (NPR) for the State of Georgia. The NPR proposed

conditional interim approval of Georgia's enhanced

[[Page 42917]]

I/M program, submitted to satisfy the applicable requirements of both

the CAA and the NHSDA. The formal SIP revision was submitted by the

Georgia Environmental Protection Division (EPD) on March 27, 1996. A

lack of Acceleration Simulation Mode (ASM) test method specifications

was the reason for the conditional approval.

The NHSDA directs EPA to grant interim approval for a period of 18

months to approvable I/M submittals under this Act. The NHSDA also

directs EPA and the states to review the interim program results at the

end of that 18-month period, and to make a determination as to the

effectiveness of the interim program. Following this demonstration, EPA

will adjust any credit claims made by the State in its good faith

effort, to reflect the emissions reductions actually measured by the

State during the program evaluation period. The NHSDA is clear that the

interim approval shall last for only 18 months, and that the program

evaluation is due to EPA at the end of that period. Therefore, EPA

believes Congress intended for these programs to begin as soon as

possible, which EPA believes should be on or before November 15, 1997,

so that, assuming a twelve month planning period before program

implementation, at least six months of operational program data can be

collected to evaluate the interim programs. EPA believes that in

setting such a strict timetable for program evaluations under the

NHSDA, Congress recognized and attempted to mitigate any further delay

with the start-up of this program. If the State fails to start its

program according to this schedule, this interim approval granted under

the provisions of the NHSDA will convert to a disapproval after a

finding letter is sent to the State. Unlike the other specified

conditions of this rulemaking, which are explicit conditions under

section 110(k)(4) of the CAA and which will trigger an automatic

disapproval should the State fail to meet its commitments, the start

date provision will only trigger a disapproval upon EPA's notification

to the State by letter that the start date has been missed. This letter

will not only notify the State that this rulemaking action has been

converted to a disapproval, but also that the sanctions clock

associated with this disapproval has been triggered as a result of this

failure. Because the start date condition is not imposed pursuant to a

commitment to correct a deficient SIP under 110(k)(4), EPA does not

believe it is necessary to have the SIP approval convert to a

disapproval automatically if the start date is missed. EPA is imposing

the start date condition under its general SIP approval authority of

section 110(k)(3), which does not require automatic conversion.

On January 31, 1997, the Georgia EPD submitted necessary ASM

specifications that were the reason for the condition in the December

13, 1996, notice. These specifications were largely based upon EPA's

specifications for the ASM test. Therefore, the condition noted in the

December 13, 1996, proposal has been met and is removed. Georgia has

also begun its implementation of the I/M program as scheduled and has

met all milestones to date. Georgia has also committed to meet the

ECOS/EPA/STAPPA evaluation workgroup protocol which will meet the

requirements of 40 CFR 51.353(c)(3).

As per the NHSDA requirements, this interim rulemaking will expire

on February 11, 1999. A full approval of Georgia's final I/M SIP

revision is still necessary under section 110 and under section 182,

184 or 187 of the CAA. After EPA reviews Georgia's submitted program

evaluation and regulations, final rulemaking on the State's full SIP

revision will occur.

Additional detailed discussion of the Georgia enhanced I/M SIP and

the rationale for EPA's action are explained in the proposal notice

published December 13, 1996, at 61 FR 65496-65504 and will not be

restated here.

II. Final Rulemaking Action

EPA had initially proposed to grant conditional interim approval to

the Georgia enhanced I/M SIP revision due to the lack of the ASM

specification. However, Georgia has since submitted the required ASM

specifications, thereby meeting the requirements of the condition. EPA

notes the State has demonstrated its good faith efforts by meeting its

I/M program implementation schedule to date.

Under the terms of EPA's December 13, 1996, proposed interim

conditional approval rulemaking, Georgia was required to make

commitments (within 30 days) to remedy one major deficiency with the I/

M program SIP (as specified in the NPR), within twelve months of final

interim approval. On January 10, 1997, Georgia submitted a letter from

Ronald Methier, Chief of the Air Protection Branch, Georgia

Environmental Protection Division, to EPA committing to satisfy the ASM

condition cited in the NPR, by certain dates specified in the letter.

Subsequently, on January 31, 1997, the Georgia EPD submitted the

required ASM specifications. Since the condition has been met by EPA's

receipt of the ASM specifications, and since no comments were received

concerning the December 13, 1996, proposal, EPA is granting final

interim approval to the Georgia I/M SIP under section 110 of the CAA.

As discussed in detail later in this notice, this approval is being

granted on an interim basis, for an 18-month period under authority of

the NHSDA.

III. Further Requirements for Permanent I/M SIP Approval

This approval is being granted on an interim basis for a period of

18 months, under the authority of section 348 of the NHSDA of 1995. At

the end of this period, the approval will lapse. At that time, EPA must

take final rulemaking action upon the SIP, under the authority of

section 110 of the CAA. Final approval of the State's plan will be

granted based upon the following criteria:

(1) EPA's review of the Georgia program evaluation confirms that

the appropriate amount of program credit was claimed by the State and

achieved with the interim program.

IV. Administrative Requirements

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

C. SIP Approval Actions

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements but simply approve requirements that

the State is already imposing. Therefore, because the Federal SIP

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

[[Page 42918]]

due to the nature of the Federal-State relationship under the CAA,

preparation of a flexibility analysis would constitute Federal inquiry

into the economic reasonableness of state action. The CAA forbids EPA

to base its actions concerning SIPS on such grounds. Union Electric Co.

v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2) and

7410(k)(3).

D. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

E. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

F. Petitions for Judicial Review

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 October 10, 1997. 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,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

Dated: July 12, 1997.

John H. Hankinson, Jr.,

Regional Administrator.

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:

Authority: 42.U.S.C. 7401-7671q.

Subpart L--Georgia

2. Section 52.570 is amended by adding paragraph (c)(50) to read as

follows:

Sec. 52.570 Identification of plan.

* * * * *

(c) * * *

(50) Georgia Enhanced Inspection and Maintenance submitted to EPA

by the Georgia Department of Natural Resources on March 27, 1996.

(i) Incorporation by reference.

(A) Chapter 391-3-20 Enhanced Inspection and Maintenance program

effective on September 24, 1996.

(ii) Other material. None.

[FR Doc. 97-20576 Filed 8-8-97; 8:45 am]

BILLING CODE 6560-50-P