[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Rules and Regulations]
[Pages 21538-21540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8395]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-1009; FRL-8555-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Transportation Conformity Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Delaware. This revision establishes the 
State's transportation conformity requirements. The intended effect of 
this action is to approve the State regulations which will govern 
transportation conformity determinations in the State of Delaware.

DATES: Effective Date: This final rule is effective on May 22, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-1009. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (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 through www.regulations.gov or in hard 
copy for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State 
submittal are available at the Delaware Department of Natural Resources 
& Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, 
Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 7, 2007 (72 FR 62807), EPA published a notice of 
proposed

[[Page 21539]]

rulemaking (NPR) for the State of Delaware. The NPR proposed approval 
of the Delaware SIP revision for Transportation Conformity. This action 
is being taken under the Clean Air Act. These SIP revisions were 
proposed under a procedure called parallel processing, whereby EPA 
proposes a rulemaking action concurrently with a state's procedures for 
amending its SIP. The state's proposed SIP revisions were submitted to 
EPA on July 9, 2007 by the Delaware Department of Natural Resources and 
Environmental Control (DNREC). No comments were received during the 
public comment period on EPA's November 7, 2007 proposal. DNREC 
formally submitted the final SIP revision on November 1, 2007. That 
final submittal had no substantial changes from the proposed version 
submitted on July 9, 2007. A detailed description of Delaware's 
submittal and EPA's rationale for its proposed approval were presented 
in the November 7, 2007 notice of proposed rulemaking and will not be 
restated in its entirety here.

II. Summary of SIP Revision

    Delaware's SIP revision contains the State Regulation 1132, 
Delaware Transportation Conformity Regulation. This SIP revision 
addresses the three provisions of the EPA Conformity Rule required 
under SAFETEA-LU: 40 CFR 93.105 (consultation procedures); 40 CFR 
93.122(a)(4)(ii) (control measures) and, 40 CFR 93.125(c) (mitigation 
measures).
    We reviewed the submittal to assure consistency with the February 
14, 2006 ``Interim Guidance for Implementing the Transportation 
Conformity provisions in the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU).'' The 
guidance document can be found at http://epa.gov/otaq/stateresources/transconf/policy.htm. The guidance document states that each state is 
only required to address and tailor the aforementioned three sections 
of the Federal Conformity Rule to be included in their state conformity 
SIPs.
    EPA's review of Delaware's proposed SIP indicates that it is 
consistent with EPA's guidance in that it includes the three elements 
specified by SAFETEA-LU. Consistent with the EPA Conformity Rule at 40 
CFR 93.105 (consultation procedures), Regulation 1132.3 identifies the 
appropriate agencies, procedures, and allocation of responsibilities as 
required under 40 CFR 93.105 for consultation procedures. In addition, 
Regulation 1132.3 provides for appropriate public consultation/public 
involvement consistent with 40 CFR 93.105. With respect to the 
requirements of 40 CFR 93.122(a)(4)(ii) and 40 CFR 93.125(c), 
Regulation 1132.4 specifies that written commitments for control 
measures and mitigation measures for meeting these requirements will be 
provided as needed.
    Other specific requirements of the Delaware SIP revision for 
Transportation Conformity and the rationale for EPA's proposed action 
are explained in the NPR and will not be restated here. No public 
comments were received on the NPR.

III. Final Action

    EPA is approving the Delaware SIP revision for Transportation 
Conformity as a revision to the Delaware State SIP.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, 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 Clean Air Act. 
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.);
     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 (Pub. L. 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 Clean Air Act; 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 Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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).

C. 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 June 23, 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 to approve the Delaware Transportation Conformity SIP 
may not be challenged later in proceedings to enforce its requirements. 
(See section 307(b)(2)).

[[Page 21540]]

List of Subjects in 40 CFR Part 52

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

    Dated: April 9, 2008.
Donald S. Welsh,
Regional Administrator, Region III.

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 I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended by adding an 
entry for Regulation 1132 after the existing Regulation 31 to read as 
follows:


Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
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                                                          State       EPA approval
         State citation             Title/subject    effective date       date          Additional explanation
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                                                  * * * * * * *
                                   Regulation 1132--Transportation Conformity
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Section 1......................  Purpose...........      11/11/2007       5/22/2008  Added Section.
Section 2......................  Definitions.......      11/11/2007       5/22/2008  Added Section.
Section 3......................  Consultation......      11/11/2007       5/22/2008  Added Section.
Section 4......................  Written                 11/11/2007       5/22/2008  Added Section.
                                  Commitments for
                                  Control and
                                  Mitigation
                                  Measures.
 
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[FR Doc. E8-8395 Filed 4-21-08; 8:45 am]
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