Approval and Promulgation of Air Quality Implementation Plans; Maine; Transportation Conformity, 7465-7468 [E8-2247]
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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations
7805(f) of the Internal Revenue Code,
this regulation has been submitted to
the Chief Counsel for Advocacy of the
Small Business Administration for
comment on its impact on small
business.
Drafting Information
The principal author of these
regulations is Jamie Kim of the Office of
Associate Chief Counsel (Income Tax &
Accounting). However, other personnel
from the IRS and Treasury Department
participated in their development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Amendments to the Regulations
Accordingly, 26 CFR part 1 is
amended as follows:
I
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
I
Authority: 26 U.S.C. 7805 * * *
I Par. 2. Section 1.1221–3T is added to
read as follows:
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§ 1.1221–3T Time and manner for electing
capital asset treatment for certain selfcreated musical works (temporary).
(a) Description. Section 1221(b)(3)
allows an electing taxpayer to treat the
sale or exchange of a musical
composition or copyright in a musical
work created by the taxpayer’s personal
efforts (or having a basis determined by
reference to the basis of such property
in the hands of a taxpayer whose
personal efforts created such property)
as the sale or exchange of a capital asset.
As a consequence, gain or loss from the
sale or exchange is treated as capital
gain or loss. An election may be made
for sales and exchanges in taxable years
beginning after May 17, 2006.
(b) Time and manner for making the
election. An election described in this
section is made separately for each
musical composition (or copyright in a
musical work) sold or exchanged during
the taxable year. An election must be
made on or before the due date
(including extensions) of the income tax
return for the taxable year of the sale or
exchange. An election is to be made on
Schedule D, ‘‘Capital Gains and Losses,’’
of the appropriate income tax form (for
example, Form 1040, ‘‘U.S. Individual
Income Tax Return;’’ Form 1065, ‘‘U.S.
Return of Partnership Income;’’ Form
1120, ‘‘U.S. Corporation Income Tax
Return’’) by treating the sale or
exchange as the sale or exchange of a
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capital asset, in accordance with the
form and its instructions.
(c) Revocability of election. An
election described in this section is
revocable with the consent of the
Commissioner. To seek consent to
revoke an election, a taxpayer must
submit a request for a letter ruling under
the appropriate revenue procedure. See,
for example, Rev. Proc. 2007–1, 2007–1
CB 1 (updated annually). Alternatively,
an automatic extension of 6 months
from the due date of the taxpayer’s
income tax return (excluding
extensions) is granted to revoke an
election, provided the taxpayer timely
filed the taxpayer’s income tax return
and, within this 6-month extension
period, the taxpayer files an amended
income tax return that treats the sale or
exchange as the sale or exchange of
property that is not a capital asset. See
§ 601.601(d)(2)(ii)(b) of this Chapter.
(d) Effective/applicability date. (1)
The rules of this section apply to sales
and exchanges in taxable years
beginning after May 17, 2006.
(2) Expiration date. This section
expires on February 7, 2011.
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
Approved: January 28, 2008.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E8–2309 Filed 2–7–08; 8:45 am]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2007–1054; A–1–FRL–
8524–9]
Approval and Promulgation of Air
Quality Implementation Plans; Maine;
Transportation Conformity
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maine. This
revision establishes transportation
conformity criteria and procedures
related to interagency consultation and
enforceability of certain transportationrelated control measures and mitigation
measures. The intended effect of this
action is to approve State criteria and
procedures to govern transportation
conformity determinations. This action
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is being taken in accordance with the
Clean Air Act.
DATES: This direct final rule will be
effective April 8, 2008, unless EPA
receives adverse comments by March
10, 2008. If adverse comments are
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2007–1054 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2007–1054’’,
Anne Arnold, U.S. Environmental
Protection Agency, EPA New England
Regional Office, One Congress Street,
Suite 1100 (mail code CAQ), Boston,
MA 02114–2023.
5. Hand Delivery or Courier. Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, 11th floor, (CAQ),
Boston, MA 02114–2023. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2007–
1054. 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 through
www.regulations.gov, or e-mail,
information that you consider to be CBI
or otherwise protected. 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
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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations
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 at Office of Ecosystem
Protection, U.S. Environmental
Protection Agency, EPA New England
Regional Office, One Congress Street,
Suite 1100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
In addition, copies of the state
submittal are also available for public
inspection during normal business
hours, by appointment at the State Air
Agency; the Bureau of Air Quality
Control, Department of Environmental
Protection, First Floor of the Tyson
Building, Augusta Mental Health
Institute Complex, Augusta, ME 04333–
0017.
FOR FURTHER INFORMATION CONTACT:
Donald O. Cooke, Air Quality Unit, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, Suite 1100 (CAQ),
Boston, MA 02114–2023, telephone
number (617) 918–1668, fax number
(617) 918–0668, e-mail
cooke.donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background and Purpose
A. What Is Transportation Conformity?
B. Transportation Conformity Provisions of
SAFETEA–LU
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II. State Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On October 3, 2007, the State of
Maine submitted a formal revision to its
State Implementation Plan (SIP). The
SIP revision consists of a new regulation
‘‘Chapter 139 Transportation
Conformity’’ to implement Section
176(c)(4)(E) of the Clean Air Act as
amended (42 U.S.C. 7401, et seq.), with
respect to the conformity of
transportation plans, programs and
projects which are developed, funded,
or approved by the United States
Department of Transportation (U.S.
DOT), and by Metropolitan Planning
Organizations (MPOs) or other
recipients of funds under Title 23 U.S.C.
or the Federal Transit Laws (Title 49
U.S.C. Chapter 53).
A. 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.
B. Transportation Conformity Provisions
of SAFETEA–LU
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 a number of
aspects related to section 176(c) of the
Clean Air Act’s transportation
conformity provisions. One of the
changes was to streamline the
requirements for conformity SIPs. Prior
to SAFETEA–LU being signed into law,
states were required to address all of the
Federal conformity rule’s provisions in
their conformity SIPs. Most of the
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sections of the Federal rule were
required to be copied verbatim from the
Federal rule into a state’s SIP, as
previously required under 40 CFR
51.390(d).
Under SAFETEA–LU, states are
required to address and tailor only three
sections of the conformity rule in their
conformity SIPs. These three sections of
the Federal rule which must meet a
state’s individual circumstances are: 40
CFR 93.105, which addresses
consultation procedures; 40 CFR
93.122(a)(4)(ii), which requires that
written commitments be obtained for
control measures that are not included
in a Metropolitan Planning
Organization’s transportation plan and
transportation improvement program
prior to a conformity determination, and
that such commitments be fulfilled; and,
40 CFR 93.125(c) which requires that
written commitments be obtained for
mitigation measures prior to a project
level conformity determination, and that
project sponsors must comply with such
commitments. In general, states are no
longer required to submit conformity
SIP revisions that address the other
sections of the conformity rule. This
provision took effect on August 10,
2005, when SAFETEA–LU was signed
into law.
II. State Submittal
Maine’s ‘‘Chapter 139: Transportation
Conformity,’’ includes provisions
addressing: applicability; definitions;
priority of projects; consultation roles,
responsibilities, and procedures; public
notice; and project-level mitigation and
control measures.
We have reviewed Maine’s submittal
to assure consistency with the current
Clean Air Act, as amended by
SAFETEA–LU, and EPA regulations (40
CFR part 93 and 40 CFR 51.390)
governing state procedures for
transportation conformity and
interagency consultation and have
concluded that the submittal is
approvable. Specifically, Maine’s rule
adequately addresses the three sections
of the Federal rule discussed above.
IV. Final Action
EPA is approving Maine’s ‘‘Chapter
139 Transportation Conformity,’’ and
incorporating this regulation into the
Maine SIP.
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
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should relevant adverse comments be
filed. This rule will be effective April 8,
2008 without further notice unless the
Agency receives relevant adverse
comments by March 10, 2008.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on April 8, 2008 and no further action
will be taken on the proposed rule.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
V. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this 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 action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this 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 approves 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
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or 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,
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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), because it merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This 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 rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501, et seq.)
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 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. 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).
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
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7467
appropriate circuit by April 8, 2008.
Interested parties should comment in
response to the proposed rule rather
than petition for judicial review, unless
the objection arises after the comment
period allowed for in the proposal.
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 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: January 24, 2008.
Ira W. Leighton,
Acting Regional Administrator, EPA New
England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401, et seq.
Subpart U—Maine
2. Section 52.1020 is amended by
adding paragraph (c)(64) to read as
follows:
I
§ 52.1020
Identification of plan.
*
*
*
*
*
(c) * * *
(64) Revisions to the State
Implementation Plan submitted by the
Maine Department of Environmental
Protection on October 3, 2007.
(i) Incorporation by reference.
(A) Maine Administrative Procedure
Act (MAPA) 1 Form which provides
certification that the Attorney General
approved Chapter 139 ‘‘Transportation
Conformity,’’ as to form and legality,
dated September 10, 2007.
(B) Chapter 139 of the Maine
Department of Environmental Protection
Regulations, ‘‘Transportation
Conformity,’’ effective in the State of
Maine on September 19, 2007.
(ii) Additional materials.
(A) Nonregulatory portions of the
submittal.
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3. In § 52.1031, Table 52.1031 is
amended by adding a new entry for state
citation Chapter 139 to read as follows:
I
§ 52.1031 EPA-approved Maine
regulations.
*
*
*
*
*
TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS
Date
adopted by
State
State
citation
Title/subject
*
139 ...........
*
Transportation Conformity ........
*
*
*
*
9/19/07
Date
approved
by EPA
Federal Register citation
*
2/08/08
52.1020
*
[Insert Federal Register page
number where the document
begins].
*
*
*
*
*
(c) 64
*
Note.—1. The regulations are effective statewide unless stated otherwise in comments section.
[FR Doc. E8–2247 Filed 2–7–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2007–0829; FRL–8526–2]
Approval and Promulgation of
Implementation Plans and Operating
Permits Program; State of Kansas
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is approving a revision to
the Kansas State Implementation Plan
(SIP) for the purpose of revoking the
Sulfur Compound Emissions rule and
for the purpose of approving revisions
to the Class I major source operating
permit annual emissions inventory rule
and several Class II minor source
operating permits rules.
EPA is also approving an additional
submittal by the State of Kansas
pertaining to amendments of the Class
II operating permit rules which were
amended by the Kansas Department of
Health and Environment (KDHE) on
February 20, 1998, but had not
previously been submitted for EPA
approval. In addition, EPA is approving
a revision to the Class II operating
permit rules adopted in 2005. The Class
II operating permit rules were primarily
revised to align the annual emission
inventory reporting date deadline with
the June 1 payment of Annual
Emissions Fee rule.
EPA approval will ensure consistency
between the state and the Federallyapproved rules.
DATES: This direct final rule will be
effective April 8, 2008, without further
notice, unless EPA receives adverse
comment by March 10, 2008. If adverse
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17:26 Feb 07, 2008
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comment is received, EPA will publish
a timely withdrawal of the direct final
rule in the Federal Register informing
the public that the rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2007–0829, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: grier.gina@epa.gov.
3. Mail: Gina Grier, Environmental
Protection Agency, Air Planning and
Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101.
4. Hand Delivery or Courier. Deliver
your comments to Gina Grier,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2007–
0829. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 through https://
www.regulations.gov or e-mail
information that you consider to be CBI
or otherwise protected. The https://
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 https://
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
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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
https://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 https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
901 North 5th Street, Kansas City,
Kansas 66101. The Regional Office’s
official hours of business are Monday
through Friday, 8 to 4:30 excluding
Federal holidays. The interested persons
wanting to examine these documents
should make an appointment with the
office at least 24 hours in advance.
Gina
Grier at (913) 551–7078 or by e-mail at
grier.gina@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This section provides additional
information by addressing the following
questions:
What is a SIP?
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Agencies
[Federal Register Volume 73, Number 27 (Friday, February 8, 2008)]
[Rules and Regulations]
[Pages 7465-7468]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2247]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2007-1054; A-1-FRL-8524-9]
Approval and Promulgation of Air Quality Implementation Plans;
Maine; Transportation Conformity
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maine. This revision establishes
transportation conformity criteria and procedures related to
interagency consultation and enforceability of certain transportation-
related control measures and mitigation measures. The intended effect
of this action is to approve State criteria and procedures to govern
transportation conformity determinations. This action is being taken in
accordance with the Clean Air Act.
DATES: This direct final rule will be effective April 8, 2008, unless
EPA receives adverse comments by March 10, 2008. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2007-1054 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: arnold.anne@epa.gov.
3. Fax: (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2007-1054'',
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (mail code CAQ),
Boston, MA 02114-2023.
5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
One Congress Street, 11th floor, (CAQ), Boston, MA 02114-2023. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2007-1054. 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 through www.regulations.gov, or e-
mail, information that you consider to be CBI or otherwise protected.
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
[[Page 7466]]
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 at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, One Congress
Street, Suite 1100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
legal holidays.
In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency; the Bureau of Air Quality Control, Department of
Environmental Protection, First Floor of the Tyson Building, Augusta
Mental Health Institute Complex, Augusta, ME 04333-0017.
FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Unit,
U.S. Environmental Protection Agency, EPA New England Regional Office,
One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023, telephone
number (617) 918-1668, fax number (617) 918-0668, e-mail
cooke.donald@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
A. What Is Transportation Conformity?
B. Transportation Conformity Provisions of SAFETEA-LU
II. State Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On October 3, 2007, the State of Maine submitted a formal revision
to its State Implementation Plan (SIP). The SIP revision consists of a
new regulation ``Chapter 139 Transportation Conformity'' to implement
Section 176(c)(4)(E) of the Clean Air Act as amended (42 U.S.C. 7401,
et seq.), with respect to the conformity of transportation plans,
programs and projects which are developed, funded, or approved by the
United States Department of Transportation (U.S. DOT), and by
Metropolitan Planning Organizations (MPOs) or other recipients of funds
under Title 23 U.S.C. or the Federal Transit Laws (Title 49 U.S.C.
Chapter 53).
A. 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.
B. Transportation Conformity Provisions of SAFETEA-LU
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 a number of aspects related to section
176(c) of the Clean Air Act's transportation conformity provisions. One
of the changes was to streamline the requirements for conformity SIPs.
Prior to SAFETEA-LU being signed into law, states were required to
address all of the Federal conformity rule's provisions in their
conformity SIPs. Most of the sections of the Federal rule were required
to be copied verbatim from the Federal rule into a state's SIP, as
previously required under 40 CFR 51.390(d).
Under SAFETEA-LU, states are required to address and tailor only
three sections of the conformity rule in their conformity SIPs. These
three sections of the Federal rule which must meet a state's individual
circumstances are: 40 CFR 93.105, which addresses consultation
procedures; 40 CFR 93.122(a)(4)(ii), which requires that written
commitments be obtained for control measures that are not included in a
Metropolitan Planning Organization's transportation plan and
transportation improvement program prior to a conformity determination,
and that such commitments be fulfilled; and, 40 CFR 93.125(c) which
requires that written commitments be obtained for mitigation measures
prior to a project level conformity determination, and that project
sponsors must comply with such commitments. In general, states are no
longer required to submit conformity SIP revisions that address the
other sections of the conformity rule. This provision took effect on
August 10, 2005, when SAFETEA-LU was signed into law.
II. State Submittal
Maine's ``Chapter 139: Transportation Conformity,'' includes
provisions addressing: applicability; definitions; priority of
projects; consultation roles, responsibilities, and procedures; public
notice; and project-level mitigation and control measures.
We have reviewed Maine's submittal to assure consistency with the
current Clean Air Act, as amended by SAFETEA-LU, and EPA regulations
(40 CFR part 93 and 40 CFR 51.390) governing state procedures for
transportation conformity and interagency consultation and have
concluded that the submittal is approvable. Specifically, Maine's rule
adequately addresses the three sections of the Federal rule discussed
above.
IV. Final Action
EPA is approving Maine's ``Chapter 139 Transportation Conformity,''
and incorporating this regulation into the Maine SIP.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision
[[Page 7467]]
should relevant adverse comments be filed. This rule will be effective
April 8, 2008 without further notice unless the Agency receives
relevant adverse comments by March 10, 2008.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on April 8, 2008 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 approves 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 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or 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), because it merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This 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 rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.)
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
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. 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).
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 8, 2008. Interested
parties should comment in response to the proposed rule rather than
petition for judicial review, unless the objection arises after the
comment period allowed for in the proposal. 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 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: January 24, 2008.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
0
Part 52 of chapter I, title 40 of the Code of Federal Regulations 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 U--Maine
0
2. Section 52.1020 is amended by adding paragraph (c)(64) to read as
follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) * * *
(64) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on October 3, 2007.
(i) Incorporation by reference.
(A) Maine Administrative Procedure Act (MAPA) 1 Form which provides
certification that the Attorney General approved Chapter 139
``Transportation Conformity,'' as to form and legality, dated September
10, 2007.
(B) Chapter 139 of the Maine Department of Environmental Protection
Regulations, ``Transportation Conformity,'' effective in the State of
Maine on September 19, 2007.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
[[Page 7468]]
0
3. In Sec. 52.1031, Table 52.1031 is amended by adding a new entry for
state citation Chapter 139 to read as follows:
Sec. 52.1031 EPA-approved Maine regulations.
* * * * *
Table 52.1031.--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
Date Date
State citation Title/subject adopted by approved Federal Register 52.1020
State by EPA citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
139............. Transportation 9/19/07 2/08/08 [Insert Federal (c) 64
Conformity. Register page
number where the
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Note.--1. The regulations are effective statewide unless stated otherwise in comments section.
[FR Doc. E8-2247 Filed 2-7-08; 8:45 am]
BILLING CODE 6560-50-P