Approval and Promulgation of Air Quality Implementation Plans; State of Delaware Transportation Conformity Regulations, 62807-62809 [E7-21853]

Download as PDF Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Proposed Rules comments will be available for public inspection and copying. A public hearing may be scheduled if requested in writing by any person that timely submits written or electronic comments. If a public hearing is scheduled, notice of the date, time, and place for the public hearing will be published in the Federal Register. § 1.905–5 Foreign tax redeterminations and currency translation rules for foreign tax redeterminations occurring in taxable years beginning prior to January 1, 1987 (temporary). Drafting Information The principal author of this document is Teresa Burridge Hughes, Office of Associate Chief Counsel (International). However, other personnel from the IRS and the Treasury Department participated in its development. PART 301—PROCEDURE AND ADMINISTRATION List of Subjects [The text of this section is the same as the text of § 1.905–5T(a) through (f) published elsewhere in this issue of the Federal Register.] Par. 4. The citation authority for part 301 continues to read as follows: Authority: 26 U.S.C. 7805 * * * Par. 5. Section 301.6689–1 is added to read as follows: § 301.6689–1 Failure to file notice of redetermination of foreign tax. 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. 26 CFR Part 301 Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements. Partial Withdrawal of a Notice of Proposed Rulemaking Under the authority of 26 U.S.C. 7805, § 1.905–3(d)(2)(iii) and (iv) and § 1.905– 3(d)(4) of the notice of proposed rulemaking (INTL–061–86, REG– 209020–86) published in the Federal Register on June 23, 1988 (53 FR 23659) are withdrawn. (a) [The text of the proposed amendments to § 301.6689–1(a) is the same as the text of § 301.6689–1T(a) published elsewhere in this issue of the Federal Register.] (b) through (d) [Reserved]. For further guidance, see § 301.6689–1T(b) through (d). (e) [The text of the proposed amendments to § 301.6689–1(e)(1) is the same as the text of § 301.6689–1T(e)(1) published elsewhere in this issue of the Federal Register.] Kevin M. Brown, Deputy Commissioner for Services and Enforcement. [FR Doc. E7–21727 Filed 11–6–07; 8:45 am] Proposed Amendments to the Regulations Accordingly, 26 CFR parts 1 and 301 are proposed to be amended as follows: BILLING CODE 4830–01–P PART 1—INCOME TAXES 40 CFR Part 52 Paragraph 1. The authority citation for part 1 continues to read as follows: [EPA–R03–OAR–2007–1009; FRL–8492–7] Approval and Promulgation of Air Quality Implementation Plans; State of Delaware Transportation Conformity Regulations Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.905–3 is added to read as follows: § 1.905–3 Adjustments to United States tax liability and to the pools of post-1986 undistributed earnings and post-1986 foreign income taxes as a result of a foreign tax redetermination. pwalker on PROD1PC71 with PROPOSALS [The text of this section is the same as the text of § 1.905–3T(a) through (e) published elsewhere in this issue of the Federal Register.] Par. 3. Section 1.905–4 is added to read as follows: § 1.905–4 Notification of foreign tax redetermination. [The text of this section is the same as the text of § 1.905–4T(a) through (f)(2) published elsewhere in this issue of the Federal Register.] VerDate Aug<31>2005 15:58 Nov 06, 2007 Jkt 214001 ENVIRONMENTAL PROTECTION AGENCY Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Delaware. This revision establishes the State’s transportation conformity requirements. After they have been approved, the State regulations will govern transportation conformity determinations in the State of Delaware. This action is being taken under the Clean Air Act. DATES: Written comments must be received on or before December 7, 2007. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 62807 Submit your comments, identified by Docket ID Number EPA– R03–OAR–2007–1009 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. . E-mail: febbo.carol@epa.gov. C. Mail: EPA–R03–OAR–2007–1009, Carol Febbo, Chief, Energy, Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2007– 1009. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, ADDRESSES: E:\FR\FM\07NOP1.SGM 07NOP1 62808 Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Proposed Rules is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy 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 email at kotsch.martin@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean EPA. Table of Contents I. What Is Transportation Conformity? II. What Is the Background for This Action? III. What Did the State Submit and How Did We Evaluate It? IV. What Action Is EPA Taking Today? V. Statutory and Executive Order Reviews pwalker on PROD1PC71 with PROPOSALS I. What Is Transportation Conformity? Transportation conformity is required under section 176(c) of the Clean Air Act to ensure that Federally supported highway, transit projects, and other activities are consistent with (conform to) the purpose of the SIP. Conformity currently applies to areas that are designated nonattainment, and those redesignated to attainment after 1990 (maintenance areas), with plans developed under section 175A of the Clean Air Act for the following transportation related criteria pollutants: ozone, particulate matter (PM2.5 and PM10), carbon monoxide (CO), and nitrogen dioxide (NO2). Conformity to the purpose of the SIP means that transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of the relevant national ambient air quality standards (NAAQS). The transportation conformity regulation is found in 40 CFR part 93 and provisions related to conformity SIPs are found in 40 CFR 51.390. II. What Is the Background for This Action? On August 10, 2005, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) was signed into law. SAFETEA–LU revised certain provisions of section 176(c) of the Clean Air Act, related to transportation VerDate Aug<31>2005 15:58 Nov 06, 2007 Jkt 214001 conformity. Prior to SAFETEA–LU, states were required to address all of the Federal conformity rule’s provisions in their conformity SIPs. After SAFETEA– LU, states’ SIPs were required to contain all or portions of only the following three sections of the Federal rule, modified as appropriate to each state’s circumstances: 40 CFR 93.105 (consultation procedures); 40 CFR 93.122(a)(4)(ii) (written commitments to implement certain kinds of control measures); and 40 CFR 93.125(c) (written commitments to implement certain kinds of mitigation measures). States are no longer required to submit conformity SIP revisions that address the other sections of the Federal conformity rule. III. What Did the State Submit and How Did We Evaluate It? On July 9, 2007, the Delaware Department of Natural Resources and Environmental Control (DNREC) submitted a revision to its State Implementation Plan (SIP) for Transportation Conformity purposes. The SIP revision consists of 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 https://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) PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 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. IV. What Action Is EPA Taking Today? EPA is proposing to approve the Delaware SIP revision for Transportation Conformity, which was submitted on July 9, 2007. This revision is being proposed under a procedure called parallel processing, whereby EPA proposes rulemaking action concurrently with the state’s procedures for amending its regulations. If the proposed revision is changed in areas other than those identified in this action, EPA will evaluate those changes and may publish another notice of proposed rulemaking. If no changes are made, EPA will publish a Final Rulemaking Notice on the revisions. The final rulemaking action by EPA will occur only after the SIP revision has been adopted by the State of Delaware and submitted formally to EPA for incorporation into the SIP. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. V. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). This proposed action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104–4). This proposed rule also does not have tribal implications because it will not have a substantial direct effect on one or E:\FR\FM\07NOP1.SGM 07NOP1 Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Proposed Rules more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to approve a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule to approve Delaware’s transportation conformity regulation does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 40 CFR Part 52 pwalker on PROD1PC71 with PROPOSALS Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: October 29, 2007. Donald S. Welsh, Regional Administrator, Region III. [FR Doc. E7–21853 Filed 11–6–07; 8:45 am] BILLING CODE 6560–50–P VerDate Aug<31>2005 15:58 Nov 06, 2007 Jkt 214001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2007–0215; FRL–8493–3] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; 110(a)(1) 8-Hour Ozone Maintenance Plan and Amendments to the 1-Hour Ozone Maintenance Plan Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by West Virginia. These revisions pertain to: the maintenance plan prepared by West Virginia to maintain the 8-hour national ambient air quality standard (NAAQS) for ozone in Greenbrier County, which is designated attainment for the ozone NAAQS; and two amendments to the existing 1-hour ozone maintenance plan, which include (a) removal of the obligation to submit a maintenance plan for the 1-hour NAAQS eight years after approval of the initial 1-hour maintenance plan, and (b) removal of the State’s obligation to implement contingency measures upon a violation of the 1-hour NAAQS. The purpose of this proposed approval is to ensure Federal enforceability of the state air program plan and to maintain consistency between the State-adopted plan and the approved SIP. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before December 7, 2007. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2007–0215, by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: powers.marilyn@epa.gov. C. Mail: EPA–R03–OAR–2007–0215, Marilyn Powers, Acting Branch Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2007– 0215. EPA’s policy is that all comments received will be included in the public PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 62809 docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 in www.regulations.gov or in hard copy 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 West Virginia Department of Environmental Protection, Division of Air Quality, 601 57th Street SE., Charleston, West Virginia 25304. FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814–2166, or by e-mail at shandruk.irene@epa.gov. SUPPLEMENTARY INFORMATION: On November 29, 2006, the West Virginia Department of Environmental Protection (WVDEP) submitted a revision to its State Implementation Plan (SIP) for E:\FR\FM\07NOP1.SGM 07NOP1

Agencies

[Federal Register Volume 72, Number 215 (Wednesday, November 7, 2007)]
[Proposed Rules]
[Pages 62807-62809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21853]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-1009; FRL-8492-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Delaware. This revision establishes 
the State's transportation conformity requirements. After they have 
been approved, the State regulations will govern transportation 
conformity determinations in the State of Delaware. This action is 
being taken under the Clean Air Act.

DATES: Written comments must be received on or before December 7, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-1009 by one of the following methods:
    A. https://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    . E-mail: febbo.carol@epa.gov.
    C. Mail: EPA-R03-OAR-2007-1009, Carol Febbo, Chief, Energy, 
Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-1009. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material,

[[Page 62808]]

is not placed on the Internet and will be publicly available only in 
hard copy form. Publicly available docket materials are available 
either electronically in www.regulations.gov or in hard copy 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 kotsch.martin@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'', 
``us'', or ``our'' is used, we mean EPA.

Table of Contents

I. What Is Transportation Conformity?
II. What Is the Background for This Action?
III. What Did the State Submit and How Did We Evaluate It?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews

I. What Is Transportation Conformity?

    Transportation conformity is required under section 176(c) of the 
Clean Air Act to ensure that Federally supported highway, transit 
projects, and other activities are consistent with (conform to) the 
purpose of the SIP. Conformity currently applies to areas that are 
designated nonattainment, and those redesignated to attainment after 
1990 (maintenance areas), with plans developed under section 175A of 
the Clean Air Act for the following transportation related criteria 
pollutants: ozone, particulate matter (PM2.5 and 
PM10), carbon monoxide (CO), and nitrogen dioxide 
(NO2). Conformity to the purpose of the SIP means that 
transportation activities will not cause new air quality violations, 
worsen existing violations, or delay timely attainment of the relevant 
national ambient air quality standards (NAAQS). The transportation 
conformity regulation is found in 40 CFR part 93 and provisions related 
to conformity SIPs are found in 40 CFR 51.390.

II. What Is the Background for This Action?

    On August 10, 2005, the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) was signed 
into law. SAFETEA-LU revised certain provisions of section 176(c) of 
the Clean Air Act, related to transportation conformity. Prior to 
SAFETEA-LU, states were required to address all of the Federal 
conformity rule's provisions in their conformity SIPs. After SAFETEA-
LU, states' SIPs were required to contain all or portions of only the 
following three sections of the Federal rule, modified as appropriate 
to each state's circumstances: 40 CFR 93.105 (consultation procedures); 
40 CFR 93.122(a)(4)(ii) (written commitments to implement certain kinds 
of control measures); and 40 CFR 93.125(c) (written commitments to 
implement certain kinds of mitigation measures). States are no longer 
required to submit conformity SIP revisions that address the other 
sections of the Federal conformity rule.

III. What Did the State Submit and How Did We Evaluate It?

    On July 9, 2007, the Delaware Department of Natural Resources and 
Environmental Control (DNREC) submitted a revision to its State 
Implementation Plan (SIP) for Transportation Conformity purposes. The 
SIP revision consists of 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 https://epa.gov/otaq/stateresources/
transconf/policy.htm. The guidance document states that each state is 
only required to address and tailor the afore-mentioned 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.

IV. What Action Is EPA Taking Today?

    EPA is proposing to approve the Delaware SIP revision for 
Transportation Conformity, which was submitted on July 9, 2007. This 
revision is being proposed under a procedure called parallel 
processing, whereby EPA proposes rulemaking action concurrently with 
the state's procedures for amending its regulations. If the proposed 
revision is changed in areas other than those identified in this 
action, EPA will evaluate those changes and may publish another notice 
of proposed rulemaking. If no changes are made, EPA will publish a 
Final Rulemaking Notice on the revisions. The final rulemaking action 
by EPA will occur only after the SIP revision has been adopted by the 
State of Delaware and submitted formally to EPA for incorporation into 
the SIP. EPA is soliciting public comments on the issues discussed in 
this document. These comments will be considered before taking final 
action.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.).
    Because this rule proposes to approve pre-existing requirements 
under state law and does not impose any additional enforceable duty 
beyond that required by state law, it does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-
4). This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or

[[Page 62809]]

more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action also 
does not have Federalism implications because it does not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This 
action merely proposes to approve a state rule implementing a Federal 
requirement, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it approves a state rule implementing a 
Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule to 
approve Delaware's transportation conformity regulation does not impose 
an information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 29, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
 [FR Doc. E7-21853 Filed 11-6-07; 8:45 am]
BILLING CODE 6560-50-P
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