NOTICE OF PUBLIC HEARING AND PROPOSED AMENDMENTS TO GEORGIA’S RULES FOR ENHANCED INSPECTION AND MAINTENANCE

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DEPARTMENT OF NATURAL RESOURCES

ENVIRONMENTAL PROTECTION DIVISION

 

NOTICE OF PUBLIC HEARING AND PROPOSED AMENDMENTS

TO GEORGIA’S RULES FOR ENHANCED INSPECTION AND MAINTENANCE

CHAPTER 391-3-20

TO ALL INTERESTED PERSONS AND PARTIES:

 

Notice is hereby given that, pursuant to the authority set forth below, the Environmental Protection Division (hereinafter, “EPD”) of the Georgia Department of Natural Resources proposes Amendments and Additions to Georgia’s Rules for Enhanced Inspection and Maintenance, Chapter 391-3-20 (hereinafter, “the proposed Inspection and Maintenance Rule Amendments”).  The Director of EPD certifies that the revisions to rule 391-3-20-.01, 391-3-20-.03, 391-3-20-.04, 391-3-20-.05, 391-3-20-.06, 391-3-20-.07, 391-3-20-.08, 391-3-20-.09, 391-3-20-.10, 391-3-20-.11, 391-3-20-.12, 391-3-20-.13, 391-3-20-.15, 391-3-20-.16, 391-3-20-.17, 391-3-20-.18, 391-3-20-.19, 391-3-20-.20, 391-3-20-.21, and 391-3-20-.22 are required to exercise authority approved and/or delegated by the U.S. Environmental Protection Agency to implement Section 182 of the federal Clean Air Act. The proposed Inspection and Maintenance Rule Amendments are described below:

 

Rule 391-3-20-.01, “Definitions,” is being amended by revising several definitions to parallel the Georgia Motor Vehicle Emissions Inspection and Maintenance Act, adding some new definitions due to program changes, and deleting definitions already provided in the Inspection and Maintenance Act.

Rule 391-3-20-.03, “Covered Vehicles; Extensions,” is amended to clarify specific items and update the name of a state agency.

Rule 391-3-20-.04 “Emissions Inspection Procedures,” is amended to clarify the inspection requirements of these rules.

Rule 391-3-20-.05, “Emissions Standards,” is amended to clarify the standards by removing outdated terms and adding clarifying language.

Rule 391-3-20-.06, “On-Road Testing of Exhaust Emissions by Remote Sensing Technology or Other Means,” is amended to clarify what methods the department may use to identify vehicles producing excess emissions by adding clarifying language and by removing outdated requirements.

Rule 391-3-20-.07, “Inspection Equipment System Specifications,” is amended to add clarifying terminology and use generic terms where possible

Rule 391-3-20-.08, “Quality Control and Equipment Calibration Procedures,” is amended to use clarifying terminology and remove duplicate requirements found elsewhere in these rules.

Rule 391-3-20-.09, “Inspection Station Requirements,” is amended to revise or remove outdated terminology, add clarifying requirements, and use standard terminology.

Rule 391-3-20-.10, “Certificates of Authorization,” is amended to revise outdated terminology, add clarifying language, use standard terminology, and improved enforcement capabilities.

Rule 391-3-20-.11, “Inspector Qualifications and Certification,” is amended to clarify this section by enumerating requirements, using standard terminology, and adding clarifying language

Rule 391-3-20-.12, “Schedules for Emission Inspections,” is amended by adding new terminology and clarifying existing terminology.

Rule 391-3-20-.13, “Certificate of Emission Inspection,” is amended to use standard terminology, remove unnecessary language, and add clarifying language.

Rule 391-3-20-.15, “Repairs and Reinspections,” is amended to use standard terminology and clarifying language.

Rule 391-3-20-.16, “Extensions and Reciprocal Inspections,” is amended to clarify this rule by adding or modifying language to make it consistent with the I/M Act.

Rule 391-3-20-.17, “Waivers,” is amended to add clarifying language, remove obsolete terms, and update provisions.

Rule 391-3-20-.18, “Sale of Vehicles,” is amended by adding language to specify that the Division has the option to collect civil penalties as an alternative to criminal penalties for violations of the rules.

Rule 391-3-20-.19, “Management Contractor,” is amended to update the name of a reorganized state agency.

Rule 391-3-20-.20, “Referee Program,” is amended to use standard terminology and to clarify this rule consistent with the I/M Act.

Rule 391-3-20-.21, “Inspection Fees,” is amended by deleting obsolete provisions.

Rule 391-3-20-.22, “Enforcement,” is amended by adding clarifying language and removing obsolete language.

 

This notice, together with an exact copy of the proposed Inspection and Maintenance Rule Amendments, a synopsis, and a statement of rationale of the rule revisions, is being provided to all persons who have requested in writing that they be placed on a notification list.  These documents may be viewed at http://gaepd.org/environet/20 or during normal business hours of 8:00 a.m. to 4:30 p.m. at the Georgia Environmental Protection Division, Air Protection Branch, 4244 International Parkway, Suite 120, Atlanta, Georgia 30354.  Copies may also be requested by contacting the Air Protection Branch at 404/363-7000 or the Environmental Protection Division Director’s Office at 1-888-373-5947.

 

To provide the public an opportunity to comment upon and provide input into the proposed Inspection and Maintenance Rule Amendments, a public hearing will be held at 3:30 p.m. on January 9, 2014, in the EPD Training Center located at 4244 International Parkway, Suite 116, Atlanta, Georgia 30354.  At the hearing, anyone may present data, make a statement, comment, or offer a viewpoint or argument either orally or in writing.  Lengthy statements or statements of a considerable technical or economic nature, as well as previously-recorded messages, must be submitted in writing for the official record.  Oral statements should be concise.

 

Written comments are welcomed.  To insure their inclusion in EPD's package for the Board of Natural Resources, written comments should be received by close of business on January 10, 2014.  Written comments may be emailed to EPDComments@dnr.state.ga.us or sent via regular mail addressed to: Branch Chief, Air Protection Branch, 4244 International Parkway, Suite 120, Atlanta, Georgia, 30354. If you choose to e­mail your comments, please include the words “Inspection and Maintenance” in the subject line to help ensure that your comments will be forwarded to the correct staff.

 

The proposed Inspection and Maintenance Rule Amendments will be considered for adoption by the Board of Natural Resources at its meeting at 9:00 a.m. on January 31, 2014, at the Southeast Georgia Conference Center, 3700 Altama Avenue, Brunswick, Georgia 31520.  The meeting is open to the public.

 

The Inspection and Maintenance Rule Amendments are proposed for adoption pursuant to authority contained in Georgia Motor Vehicle Emissions Inspection and Maintenance Act (O.C.G.A. Section 12-9-40 et. seq.).  For further information, contact the Air Protection Branch at 404/363-7000.