[Federal Register Volume 62, Number 135 (Tuesday, July 15, 1997)]
[Rules and Regulations]
[Pages 37722-37724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18569]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE030-1008a; FRL-5856-1]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware--General Conformity Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. This revision consists of
Delaware's regulation for General Conformity which sets forth policy,
criteria, and procedures for demonstrating and assuring conformity of
non-transportation related federal projects to all applicable
implementation plans. The intended effect of this action is to approve
Delaware's General Conformity regulation as a SIP revision.
DATES: This action is effective September 15, 1997 unless notice is
received on or before Septmeber 14, 1997 that adverse or critical
comments will be submitted. If the effective date is delayed, timely
notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO &
Mobile Sources Section, Mailcode 3AT21, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. Copies of the documents relevant to this action are available
for public inspection during normal business hours at the Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;
the Air and Radiation Docket and Information Center, Environmental
Protection Agency, 401 M Street, S.W., Washington, D.C. 20460; Delaware
Department of Natural Resources & Environmental Control, 89 Kings
Highway, P.O. Box 1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 566-2182, at the
EPA Region III office or via e-mail at quinto.rose@epamail.epa.gov.
While information may be requested via e-mail, comments must be
submitted in writing to the above Region III address.
SUPPLEMENTARY INFORMATION: On October 2, 1996, the Delaware Department
of Natural Resources & Environmental Control (DNREC) submitted a formal
revision to its State Implementation Plan (SIP) to EPA for
[[Page 37723]]
the purpose of meeting the requirements of 40 CFR 51.851, State
Implementation Plans, found under 40 CFR part 51, subpart W,
Determining Conformity of General Federal Actions to State and Federal
Implementation Plans. Part 51, subpart W is commonly referred to as the
federal General Conformity Rule. The DNREC SIP revision which is the
subject of this approval action consists of Delaware Regulation 35--
Conformity of General Federal Actions to the State Implementation Plans
(General Conformity). This action to approve Delaware's General
Conformity regulation as a SIP revision is being taken under section
110 of the Clean Air Act (CAA).
The revision to Regulation 26--Motor Vehicle Emission Inspection
Program, that was also submitted by DNREC on October 2, 1996 is the
subject of a separate rulemaking document.
Summary of the SIP Revision
Delaware Regulation 35, Conformity of General Federal Actions to
the State Implementation Plans (General Conformity), establishes
standards and procedures to follow when evaluating the conformity of
non-transportation related federal projects to all applicable
implementation plans developed pursuant to section 110 and Part D of
the CAA.
At 40 CFR part 51, subpart W, EPA promulgated the federal rule for
General Conformity to implement section 176(c) of the CAA. This federal
rule sets forth policy, criteria, and procedures for demonstrating and
assuring the conformity of federal actions to all applicable
implementation plans developed pursuant to section 110 and part D of
the CAA. The rule generally applies to federal actions except:
(1) Those required under the transportation conformity rule (40 CFR
part 93, subpart A);
(2) Actions with associated emissions below specified de minimis
levels; and
(3) Certain other actions which are exempt or presumed to conform
to applicable air quality implementation plans.
At 40 CFR 51.851, State Implementation Plans, EPA promulgated the
requirements that must be adopted by a state and submitted as a SIP
revision to implement the General Conformity provisions. The provisions
adopted by Delaware for General Conformity are those contained in and
required by the federal rule. EPA has reviewed Delaware Regulation 35,
for General Conformity, and has determined that it satisfies the
requirements of 40 CFR 51.851. A Technical Support Document (TSD) has
been prepared which details the EPA's evaluation of Delaware Regulation
35. Interested parties may obtain a copy of the TSD by contacting the
EPA Regional Office listed in the ADDRESSES section of this document.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse and critical comments be filed. This action will be
effective September 14, 1997, unless, by August 14, 1997, adverse or
critical comments are received. If EPA receives such comments, this
action will be withdrawn before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on this action serving as a proposed rule. EPA will not institute
a second comment period on this action. Any parties interested in
commenting on this action should do so at this time. If no such
comments are received, the public is advised that this action will be
effective on September 15, 1997.
Final Action
EPA is approving Delaware Regulation 35, for General Conformity,
submitted by the State of Delaware on October 2, 1996 as a revision to
the Delaware SIP.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this action
from review under Executive Order 12866.
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.
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, the Administrator
certifies that it does not have a significant impact on any small
entities affected. Moreover, 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).
C. 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.
D. 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
[[Page 37724]]
Office prior to the publication of the rule of today's Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action to approve a revision to the Delaware SIP for General
Conformity must be filed in the United States Court of Appeals for the
appropriate circuit by September 15, 1997. Filing a petition for
reconsideration by the Administrator of this 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 a rule or
action.
This action pertaining to the approval of Delaware Regulation 35
for General Conformity Rule may not be challenged later in the
proceedings to enforce its requirements. (See section (b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations.
Dated: June 30, 1997.
Thomas Voltaggio,
Acting Regional Administrator, 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. 7401-7671q.
Subpart I--Delaware
2. Section 52.420 is amended by adding paragraphs (c)(58) to read
as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
(58) Revisions to the Delaware State Implementation Plan on October
2, 1996 by the Delaware Department of Natural Resources & Environmental
Control:
(i) Incorporation by reference.
(A) A letter of October 2, 1996 from the Delaware Department of
Natural Resources & Environmental Control transmitting the General
Conformity Rule.
(B) Delaware Regulation 35--Conformity of General Federal Actions
to the State Implementation Plans (General Conformity), effective
August 14, 1996.
(ii) Additional Material from the Delaware's October 2, 1996
submittal pertaining to Regulation 35.
[FR Doc. 97-18569 Filed 7-14-97; 8:45 am]
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