[Federal Register Volume 64, Number 35 (Tuesday, February 23, 1999)]
[Rules and Regulations]
[Pages 8723-8725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3990]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE036-1018a; FRL-6303-4]
Approval and Promulgation of Air Quality Implementation Plans;
State of Delaware--Transportation Conformity Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a revision to the
Delaware State Implementation Plan (SIP). The revision consists of the
addition of Delaware's transportation conformity regulation, for the
purpose of assuring conformity of Delaware transportation plans,
programs and projects to related requirements in the SIP. EPA is
approving the transportation conformity regulation as a SIP revision in
accordance with the requirements of the Clean Air Act.
DATES: This rule is effective on April 26, 1999 without further notice,
unless EPA receives adverse written comment by March 25, 1999. If EPA
receives such comments, it 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: Written comments should be mailed to Robert Kramer, Chief;
Energy Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to
this action are available 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;
the Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, SW., Washington, DC 20460; and
Delaware Department of Natural Resources & Environmental Control, 89
Kings Highway, P.O. Box 1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Larry Budney, (215) 814-2184, or by e-
mail at budney.larry@epamail.epa.gov. While clarifying questions and
requests for additional information may be transmitted via e-mail,
comments on this rulemaking must be submitted in writing in accordance
with the procedures provided earlier in this document.
SUPPLEMENTARY INFORMATION:
I. Background
On April 23, 1998, the Delaware Department of Natural Resources and
Environmental Control (DNREC) submitted a formal revision to its State
Implementation Plan (SIP). The SIP revision consists of Delaware's
transportation conformity regulation, Regulation No. 32--Transportation
Conformity, to meet the requirements of 40 CFR Part 51, Subpart T,
``Conformity to State or Federal Implementation Plans, Programs and
Projects Developed, Funded or Approved Under Title 23 U.S.C. or the
Federal Transit Laws''. Part 51, subpart T requires states to submit to
EPA a SIP revision that contains criteria and procedures for state
Departments of Transportation (DOTs), Metropolitan Planning
Organizations (MPOs) and related state and local agencies to assess the
conformity of transportation plans, programs and projects, consistent
with part 51, subpart T and part 93, subpart A. This action to approve
the Delaware's transportation conformity regulation as a SIP revision
is being taken under Section 110 of the Clean Air Act (CAA).
II. Summary of SIP Revision
Delaware Regulation 32--Transportation Conformity establishes
policy, criteria and procedures to follow when evaluating the
conformity of transportation plans, programs and projects to all
applicable SIPs developed pursuant to section 110 and part D of the
CAA. The regulation includes the provisions of 40 CFR 93.100-128 and
meets the requirements of 40 CFR 51.390. Regulation 32 was developed
through consultation between Delaware's DNREC, DOT, MPOs, the Federal
Highway Administration and the U.S. Environmental Protection Agency.
The geographic coverage of Regulation 32 includes Delaware's
nonattainment and maintenance areas. Under the regulation, Delaware's
transportation plans, programs and projects must conform to the purpose
of the SIP, and must not:
a. cause or contribute to any new violation of a National Ambient
Air Quality Standard (NAAQS) in any area;
b. interfere with SIP provisions for maintenance of any such
standard;
c. increase the frequency or severity of any existing violation of
such a standard in any area; or
d. delay timely attainment of any such standard in any area.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial
[[Page 8724]]
amendment and anticipates no adverse comment. However, in the
``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed.
This rule will be effective on April 26, 1999 without further
notice unless EPA receives adverse comment by March 25, 1999. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect, and will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
III. Final Action
EPA is approving Delaware Regulation 32--Transportation Conformity
as a SIP revision as requested by DNREC on April 23, 1998.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under E.O. 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If EPA complies by consulting, E.O. requires EPA to
provide to the Office of Management and Budget a description of the
extent of EPA's prior consultation with representatives of affected
state, local, and tribal governments, the nature of their concerns,
copies of written communications from the governments, and a statement
supporting the need to issue the regulation. In addition, E.O. 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
E.O. 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that the EPA determines (1) is ``economically
significant,'' as defined under E.O. 12866, and (2) the environmental
health or safety risk addressed by the rule has a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency. This final rule is not subject
to E.O. 13045 because it is not an economically significant regulatory
action as defined by E.O. 12866, and it does not address an
environmental health or safety risk that would have a disproportionate
effect on children.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If EPA complies by
consulting, Executive Order 13084 requires EPA to provide to the Office
of Management and Budget, in a separately identified section of the
preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected and
other representatives of Indian tribal governments ``to provide
meaningful and timely input in the development of regulatory policies
on matters that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the communities
of Indian tribal governments. This action does not involve or impose
any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of a flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act 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).
E. 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
annual costs to State, local, or tribal governments in the aggregate;
or to 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 annual 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.
F. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small
[[Page 8725]]
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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
G. Petitions for Judicial Review
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 April 26, 1999. 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 Regulation 32--
Transportation Conformity 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, Hydrocarbons,
Nitrogen oxides, Ozone.
Dated: February 5, 1999.
W. Michael McCabe,
Regional Administrator, EPA Region III.
40 CFR part 52 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 et seq.
Subpart I--Delaware
2. In Section 52.420, an entry for the Delaware Transportation
Conformity Regulation (Regulation No. 32) in the ``EPA-Approved
Regulations in the Delaware SIP'' table in paragraph (c) is added to
read as follows:
Sec. 52.420 Identification of plan.
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(c) EPA approved regulations.
EPA--Approved Regulations in the Delaware SIP
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State effective
State citation Title/subject date EPA approval date Comments
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Regulation No. 32............... Transportation April 11, 1998.... Type: February 23,
Conformity. 1999.
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[FR Doc. 99-3990 Filed 2-22-99; 8:45 am]
BILLING CODE 6560-50-P
