Approval and Promulgation of Air Quality Implementation Plans; Delaware; Transportation Conformity Regulations, 21538-21540 [E8-8395]
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21538
Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations
not to use available and applicable
voluntary consensus standards. This
rulemaking does not involve technical
standards, therefore, EPA is not
considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this rule will
not have disproportionately high and
adverse human health or environmental
effects on minority or low-income
populations because it does not affect
the level of protection provided to
human health or the environment. For
the final NOX SIP Call rule, the Agency
conducted a general analysis of the
potential changes in ozone and
particulate matter levels that may be
experienced by minority and lowincome populations as a result of the
requirements of that rule. These
findings were presented in the RIA for
the NOX SIP Call. This action does not
affect this analysis.
ebenthall on PRODPC60 with RULES
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. The 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). This rule will be effective May
22, 2008.
15:18 Apr 21, 2008
Jkt 214001
List of Subjects in 40 CFR Part 51
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Ozone, Reporting and
recordkeeping requirements.
Dated: April 16, 2008.
Stephen L. Johnson,
Administrator.
For the reasons set forth in the
preamble, part 51 of chapter I of title 40
of the Code of Federal Regulations is
amended as follows:
I
PART 51—REQUIREMENTS FOR
PREPARATION, ADOPTION AND
SUBMITTAL OF IMPLEMENTATION
PLANS
1. The authority citation for part 51
continues to read as follows:
I
Authority: 23 U.S.C. 101; 42 U.S.C. 7401–
7671q.
Subpart G—Control Strategy
2. Section 51.121 is amended as
follows:
I a. By revising paragraph (c)(2).
I b. By removing the entry for
‘‘Georgia’’ from the tables in paragraphs
(e)(2)(i), (e)(4)(iii) and (g)(2)(ii).
I c. By removing and reserving
paragraph (e)(2)(ii)(C).
I d. By removing paragraph (s).
I
K. Congressional Review Act
VerDate Aug<31>2005
L. Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the District of
Columbia Circuit by June 23, 2008.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review must 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 CAA
Section 307(b)(2).
§ 51.121 Findings and requirements for
submission of State implementation plan
revisions relating to emissions of oxides of
nitrogen.
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(c) * * *
(2) With respect to the 1-hour ozone
NAAQS, the portions of Missouri,
Michigan, and Alabama within the fine
grid of the OTAG modeling domain. The
fine grid is the area encompassed by a
box with the following geographic
coordinates: Southwest Corner, 92
degrees West longitude and 32 degrees
North latitude; and Northeast Corner,
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69.5 degrees West longitude and 44
degrees North latitude.
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[FR Doc. E8–8673 Filed 4–21–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–1009; FRL–8555–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Transportation Conformity
Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware. This
revision establishes the State’s
transportation conformity requirements.
The intended effect of this action is to
approve the State regulations which will
govern transportation conformity
determinations in the State of Delaware.
DATES: Effective Date: This final rule is
effective on May 22, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–1009. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Delaware Department of
Natural Resources & Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT:
Martin Kotsch, (215) 814–3335, or by
e-mail at kotsch.martin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 7, 2007 (72 FR 62807),
EPA published a notice of proposed
E:\FR\FM\22APR1.SGM
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Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations
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rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of the Delaware SIP revision for
Transportation Conformity. This action
is being taken under the Clean Air Act.
These SIP revisions were proposed
under a procedure called parallel
processing, whereby EPA proposes a
rulemaking action concurrently with a
state’s procedures for amending its SIP.
The state’s proposed SIP revisions were
submitted to EPA on July 9, 2007 by the
Delaware Department of Natural
Resources and Environmental Control
(DNREC). No comments were received
during the public comment period on
EPA’s November 7, 2007 proposal.
DNREC formally submitted the final SIP
revision on November 1, 2007. That
final submittal had no substantial
changes from the proposed version
submitted on July 9, 2007. A detailed
description of Delaware’s submittal and
EPA’s rationale for its proposed
approval were presented in the
November 7, 2007 notice of proposed
rulemaking and will not be restated in
its entirety here.
II. Summary of SIP Revision
Delaware’s SIP revision contains the
State Regulation 1132, Delaware
Transportation Conformity Regulation.
This SIP revision addresses the three
provisions of the EPA Conformity Rule
required under SAFETEA–LU: 40 CFR
93.105 (consultation procedures); 40
CFR 93.122(a)(4)(ii) (control measures)
and, 40 CFR 93.125(c) (mitigation
measures).
We reviewed the submittal to assure
consistency with the February 14, 2006
‘‘Interim Guidance for Implementing the
Transportation Conformity provisions in
the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU).’’ The
guidance document can be found at
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
VerDate Aug<31>2005
15:18 Apr 21, 2008
Jkt 214001
CFR 93.105. With respect to the
requirements of 40 CFR 93.122(a)(4)(ii)
and 40 CFR 93.125(c), Regulation 1132.4
specifies that written commitments for
control measures and mitigation
measures for meeting these
requirements will be provided as
needed.
Other specific requirements of the
Delaware SIP revision for
Transportation Conformity and the
rationale for EPA’s proposed action are
explained in the NPR and will not be
restated here. No public comments were
received on the NPR.
III. Final Action
EPA is approving the Delaware SIP
revision for Transportation Conformity
as a revision to the Delaware State SIP.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
PO 00000
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Fmt 4700
Sfmt 4700
21539
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 23, 2008. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action.
This action to approve the Delaware
Transportation Conformity SIP may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
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21540
Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations
Dated: April 9, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
I
Subpart I—Delaware
2. In § 52.420, the table in paragraph
(c) is amended by adding an entry for
Regulation 1132 after the existing
Regulation 31 to read as follows:
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
§ 52.420
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State citation
*
Section
Section
Section
Section
1
2
3
4
*
*
*
Purpose ......................................................
Definitions ...................................................
Consultation ................................................
Written Commitments for Control and Mitigation Measures.
*
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*
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[FR Doc. E8–8395 Filed 4–21–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–0185; FRL–8555–5]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Incorporation of On-Board Diagnostic
Testing and Other Amendments to the
Motor Vehicle Emission Inspection
Program for the Northern Virginia
Program Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
ebenthall on PRODPC60 with RULES
AGENCY:
SUMMARY: EPA is approving three State
Implementation Plan (SIP) revisions
submitted by the Commonwealth of
Virginia. These revisions pertain to the
Commonwealth’s motor vehicle
inspection and maintenance (I/M)
program for the Northern Virginia area
that was previously SIP-approved by
EPA. These three SIP revisions
incorporate changes made by the
Commonwealth to the I/M program
since EPA last approved the I/M
program as part of the SIP in 2002. The
most significant change to the program
is the incorporation of on-board
diagnostic computer checks of 1996and-newer model year vehicles as an
element of the emission inspection
VerDate Aug<31>2005
15:18 Apr 21, 2008
EPA approval
date
*
*
*
Regulation 1132—Transportation Conformity
.....................................................
.....................................................
.....................................................
.....................................................
*
State effective
date
Title/subject
Jkt 214001
*
*
Effective Date: This final rule is
effective on May 22, 2008.
DATES:
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–0185. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
ADDRESSES:
PO 00000
Frm 00022
Fmt 4700
*
11/11/2007
11/11/2007
11/11/2007
11/11/2007
process for the Northern Virginia
program area. In addition, Virginia
made numerous minor changes to the
program, including several changes to
test procedures and standards, as well
as changes to its roadside testing
regimen. The I/M program helps to
ensure that highway motor vehicles
operate as cleanly as possible, by
requiring vehicles to be periodically
tested and by identifying vehicles
having high emissions due to
malfunctioning emission control
systems. Such vehicles must then be
repaired and retested by their owners, to
the standards set by the
Commonwealth’s program. Vehicle I/M
programs address nitrogen oxide and
volatile organic compound emissions,
both of which are precursors to
formation of ground level ozone
pollution, as well as the pollutant
carbon monoxide. This action is being
taken under the Clean Air Act (CAA).
Sfmt 4700
Additional
explanation
5/22/2008
5/22/2008
5/22/2008
5/22/2008
*
*
Added
Added
Added
Added
Section.
Section.
Section.
Section.
*
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Brian Rehn, (215) 814–2176, or by
e-mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 12, 2008 (73 FR 8018),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. The NPR
proposed approval of three separate
revisions made by Virginia to its prior,
SIP-approved motor vehicle inspection
and maintenance program. These three
formal SIP revisions were submitted by
Virginia on December 18, 2002, April 2,
2003, and June 18, 2007, respectively.
The Northern Virginia I/M program
area is comprised of the following
localities: The counties of Arlington,
Fairfax, Loudoun, Prince William, and
Stafford; and the cities of Alexandria,
Fairfax, Falls Church, Manassas, and
Manassas Park. It is designated by EPA
as a moderate 8-hour ozone
nonattainment area. The
Commonwealth’s revised I/M program
satisfies federal requirements under
sections 182 and 184 of the Clean Air
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]]>Agencies
[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Rules and Regulations]
[Pages 21538-21540]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8395]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-1009; FRL-8555-4]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Transportation Conformity Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. This revision establishes the
State's transportation conformity requirements. The intended effect of
this action is to approve the State regulations which will govern
transportation conformity determinations in the State of Delaware.
DATES: Effective Date: This final rule is effective on May 22, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-1009. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Delaware Department of Natural Resources
& Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover,
Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335, or by
e-mail at kotsch.martin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 7, 2007 (72 FR 62807), EPA published a notice of
proposed
[[Page 21539]]
rulemaking (NPR) for the State of Delaware. The NPR proposed approval
of the Delaware SIP revision for Transportation Conformity. This action
is being taken under the Clean Air Act. These SIP revisions were
proposed under a procedure called parallel processing, whereby EPA
proposes a rulemaking action concurrently with a state's procedures for
amending its SIP. The state's proposed SIP revisions were submitted to
EPA on July 9, 2007 by the Delaware Department of Natural Resources and
Environmental Control (DNREC). No comments were received during the
public comment period on EPA's November 7, 2007 proposal. DNREC
formally submitted the final SIP revision on November 1, 2007. That
final submittal had no substantial changes from the proposed version
submitted on July 9, 2007. A detailed description of Delaware's
submittal and EPA's rationale for its proposed approval were presented
in the November 7, 2007 notice of proposed rulemaking and will not be
restated in its entirety here.
II. Summary of SIP Revision
Delaware's SIP revision contains the State Regulation 1132,
Delaware Transportation Conformity Regulation. This SIP revision
addresses the three provisions of the EPA Conformity Rule required
under SAFETEA-LU: 40 CFR 93.105 (consultation procedures); 40 CFR
93.122(a)(4)(ii) (control measures) and, 40 CFR 93.125(c) (mitigation
measures).
We reviewed the submittal to assure consistency with the February
14, 2006 ``Interim Guidance for Implementing the Transportation
Conformity provisions in the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU).'' The
guidance document can be found at 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) and 40 CFR 93.125(c),
Regulation 1132.4 specifies that written commitments for control
measures and mitigation measures for meeting these requirements will be
provided as needed.
Other specific requirements of the Delaware SIP revision for
Transportation Conformity and the rationale for EPA's proposed action
are explained in the NPR and will not be restated here. No public
comments were received on the NPR.
III. Final Action
EPA is approving the Delaware SIP revision for Transportation
Conformity as a revision to the Delaware State SIP.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 23, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action to approve the Delaware Transportation Conformity SIP
may not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2)).
[[Page 21540]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: April 9, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
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2. In Sec. 52.420, the table in paragraph (c) is amended by adding an
entry for Regulation 1132 after the existing Regulation 31 to read as
follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
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State EPA approval
State citation Title/subject effective date date Additional explanation
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* * * * * * *
Regulation 1132--Transportation Conformity
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Section 1...................... Purpose........... 11/11/2007 5/22/2008 Added Section.
Section 2...................... Definitions....... 11/11/2007 5/22/2008 Added Section.
Section 3...................... Consultation...... 11/11/2007 5/22/2008 Added Section.
Section 4...................... Written 11/11/2007 5/22/2008 Added Section.
Commitments for
Control and
Mitigation
Measures.
* * * * * * *
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[FR Doc. E8-8395 Filed 4-21-08; 8:45 am]
BILLING CODE 6560-50-P
