Approval and Promulgation of Air Quality Implementation Plans; West Virginia: Transportation Conformity Requirement, 24175-24178 [E8-9608]

Download as PDF Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Rules and Regulations under the Clean Air Act (CAA): the major New Source Review (NSR) program and the Title V programs. The final rule changed the ‘‘major stationary source’’ and ‘‘major source’’ definitions by amending the definition of ‘‘chemical process plants’’ under the regulatory definition of ‘‘major emitting facility’’ to exclude ethanol manufacturing facilities that produce ethanol by natural fermentation processes. On July 2, 2007, EPA received a petition for reconsideration pursuant to 307(d)(7)(B) of the CAA from the Natural Resources Defense Council (‘‘NRDC’’). The NRDC petition also requested that EPA stay implementation of the final rule pending reconsideration of the rule. The NRDC petition for reconsideration can be found in the rulemaking docket under Docket ID No. EPA–HQ–OAR–2006–0089. The EPA considered the petition and the information in the rulemaking docket in reaching a decision on the petition. The EPA Administrator Stephen L. Johnson denied the petition for reconsideration and the request for a stay of the rule in a letter to the petitioner dated March 27, 2008. The letter documents EPA’s reasons for the denial and can be found in the rulemaking docket. FOR FURTHER INFORMATION CONTACT: Ms. Joanna Swanson, Air Quality Policy Division, (C339–03), Environmental Protection Agency, Research Triangle Park, NC 27711, telephone number: (919) 541–5282; fax number: (919) 541– 5509; e-mail address: swanson.joanna@epa.gov. SUPPLEMENTARY INFORMATION: I. How Can I Obtain Copies of this Document and Other Related Information? 24175 letter denying the petition for reconsideration and the request for a stay of the rule during the reconsideration are available in the docket that EPA established for the ‘‘Prevention of Significant Deterioration, Nonattainment New Source Review, and Title V: Treatment of Certain Ethanol Production Facilities Under the ‘Major Emitting Facility’ Definition’’ rulemaking (Docket number EPA–HQ– OAR–2006–0089). The table below identifies the petitioner, the date EPA received the petition, the document identification number for the petition, the date of EPA’s response, and the document identification number for EPA’s response. Note that all the document numbers listed in the table are in the form of ‘‘EPA–HQ–OAR– 2006–0089–xxxx.’’) This Federal Register notice, the petition for reconsideration, and the Petition: Document No. in docket Date of EPA response EPA response: Document No. in docket Natural Resources Defense Council ............................................................................... ebenthall on PRODPC60 with RULES Petitioner Date of petition to EPA 7/2/2007 ¥0153.1 3/27/2008 ¥0155 The docket for EPA’s denial of NRDC’s petition for reconsideration is Docket ID No. EPA–HQ–OAR–2006– 0089. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., confidential business information 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 https://www.regulations.gov or in hard copy at the EPA Docket Center, Docket ID No. EPA–HQ–OAR–2006–0089, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566–1742. In addition to being available in the docket, an electronic copy of today’s notice of EPA’s decision denying NRDC’s petition for reconsideration and request for a stay of the rule pending reconsideration and of EPA’s response letter to NRDC outlining the reasons for VerDate Aug<31>2005 16:21 May 01, 2008 Jkt 214001 the denial will also be available on the World Wide Web. Following signature by the Principal Deputy Assistant Administrator, Office of Air and Radiation, a copy of this notice will be posted on EPA’s New Source Review Web site, under Regulations & Standards, at https://www.epa.gov/nsr. Dated: April 24, 2008. Robert J. Meyers, Principal Deputy Assistant Administrator, Office of Air and Radiation. [FR Doc. E8–9749 Filed 5–1–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2007–1146; FRL–8561–2] Approval and Promulgation of Air Quality Implementation Plans; West Virginia: Transportation Conformity Requirement Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: EPA is taking direct final action to approve revisions to the West Virginia State Implementation Plan (SIP). The revisions establish State PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 transportation conformity requirements. EPA is approving these revisions in accordance with the requirements of the Clean Air Act. DATES: This rule is effective on July 1, 2008 without further notice, unless EPA receives adverse written comment by June 2, 2008. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2007–1146 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: febbo.carol@epa.gov. C. Mail: EPA–R03–OAR–2007–1146, 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 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– E:\FR\FM\02MYR1.SGM 02MYR1 24176 Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Rules and Regulations ebenthall on PRODPC60 with RULES 1146. 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 information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. 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 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), disclosure of which 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 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, WV 25304. FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814–3335, or by email at kotsch.martin@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever VerDate Aug<31>2005 15:19 May 01, 2008 Jkt 214001 ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean EPA. 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 approved SIP. Conformity currently applies to areas that are designated nonattainment, and those areas 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 with 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 Federal transportation conformity regulations (Federal Rule) are 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 Rule’s provisions in their conformity SIPs. After SAFETEA–LU, state’s 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 kind of control measures); and 40 CFR 93.125(c) (written commitments to implement certain kinds of mitigation measures). Pursuant to SAFETEA–LU, States are no longer required to submit conformity SIP revisions that address the other sections of the Federal conformity rule. PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 III. What Did the State Submit and How Did We Evaluate It? On April 12, 2007, the West Virginia Department of Environmental Protection submitted a revision to its State Implementation Plan (SIP) for Transportation Conformity purposes. The SIP revision consists of six executed Memorandums of Understanding (MOUs) which will constitute the State of West Virginia SIP for transportation conformity purposes. The six MOUs were executed among the State of West Virginia and the various Metropolitan Planning Organizations within the State of West Virginia which have responsibility for undertaking transportation conformity in conjunction with transportation planning activities along with the three Federal Agencies (EPA, Federal Highway Administration, and Federal Transit Administration) who are participating members in the conformity consultation process. These MOUs which make up the SIP revision address 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) (certain 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 in their state conformity SIPs. EPA’s review of West Virginia’s Transportation Conformity SIP revision indicates that it is consistent with EPA’s guidance in that it included the three elements specified by SAFETEA–LU and EPA’s guidance. Consistent with the EPA Conformity Rule at 40 CFR 93.105 (consultation procedures), paragraph (a)(2) of each of the executed MOUs establishes the requirements for the appropriate agencies, procedures and allocation of responsibilities as required under 40 CFR 93.105 for consultation procedures. In addition, the executed MOUs provide for appropriate public consultation/public involvement consistent with 40 CFR 93.105. With respect to 40 CFR 93.122(a)(4)(ii) and 40 CFR 93.125(c), paragraphs (a)(3) and (a)(4) of the executed MOUs specifies E:\FR\FM\02MYR1.SGM 02MYR1 Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Rules and Regulations that written commitments for control measures and mitigation measures for meeting these requirements will be provided as needed. IV. Final Action EPA is hereby approving the West Virginia SIP revision for Transportation Conformity, which was submitted on April 12, 2007. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ‘‘Proposed Rules’’ section of today’s Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on July 1, 2008, without further notice unless EPA receives adverse comment by June 2, 2008. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. V. Statutory and Executive Order Reviews ebenthall on PRODPC60 with RULES 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 rule 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.); VerDate Aug<31>2005 16:21 May 01, 2008 Jkt 214001 • 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, PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 24177 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 July 1, 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 West Virginia Transportation Conformity SIP 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: April 15, 2008. William T. Wisniewski, Acting Regional Administrator, Region III. I 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for 40 CFR part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart XX—West Virginia 2. In § 52.2520, the table in paragraph (e) is amended by adding an entry for State of West Virginia Transportation Conformity Requirements at the end of the table to read as follows: I § 52.2520 * Identification of plan. * * (e) * * * E:\FR\FM\02MYR1.SGM 02MYR1 * * 24178 Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Rules and Regulations Name of nonregulatory SIP revision Applicable geographic area State submittal date * * * State of West Virginia Transportation Conformity Requirements. * Entire State ...... * 04/12/2007 [FR Doc. E8–9608 Filed 5–1–08; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA–8021] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. ebenthall on PRODPC60 with RULES AGENCY: SUMMARY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. DATES: Effective Dates: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. ADDRESSES: If you want to determine whether a particular community was suspended on the suspension date, contact the appropriate FEMA Regional Office. FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase VerDate Aug<31>2005 16:21 May 01, 2008 Jkt 214001 flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the Federal Register. In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA’s initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 EPA approval date Additional explanation * 05/02/2008 [Insert page number where the document begins]. * Memoranda of Understanding between EPA, FHWA, FTA, State of West Virginia, and six Metropolitan Planning Organizations. prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. Paperwork Reduction Act. This rule does not involve any collection of E:\FR\FM\02MYR1.SGM 02MYR1

Agencies

[Federal Register Volume 73, Number 86 (Friday, May 2, 2008)]
[Rules and Regulations]
[Pages 24175-24178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9608]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-1146; FRL-8561-2]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia: Transportation Conformity Requirement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
West Virginia State Implementation Plan (SIP). The revisions establish 
State transportation conformity requirements. EPA is approving these 
revisions in accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on July 1, 2008 without further notice, 
unless EPA receives adverse written comment by June 2, 2008. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-1146 by one of the following methods:
    A. https://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: febbo.carol@epa.gov.
    C. Mail: EPA-R03-OAR-2007-1146, 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 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-

[[Page 24176]]

1146. 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 information that you 
consider to be CBI or otherwise protected through https://
www.regulations.gov or e-mail. 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 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), disclosure of which 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 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, WV 25304.

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.

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 approved SIP. Conformity currently applies to areas that 
are designated nonattainment, and those areas 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 with 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 
Federal transportation conformity regulations (Federal Rule) are 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 Rule's 
provisions in their conformity SIPs. After SAFETEA-LU, state's 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 kind of 
control measures); and 40 CFR 93.125(c) (written commitments to 
implement certain kinds of mitigation measures). Pursuant to SAFETEA-
LU, 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 April 12, 2007, the West Virginia Department of Environmental 
Protection submitted a revision to its State Implementation Plan (SIP) 
for Transportation Conformity purposes. The SIP revision consists of 
six executed Memorandums of Understanding (MOUs) which will constitute 
the State of West Virginia SIP for transportation conformity purposes. 
The six MOUs were executed among the State of West Virginia and the 
various Metropolitan Planning Organizations within the State of West 
Virginia which have responsibility for undertaking transportation 
conformity in conjunction with transportation planning activities along 
with the three Federal Agencies (EPA, Federal Highway Administration, 
and Federal Transit Administration) who are participating members in 
the conformity consultation process. These MOUs which make up the SIP 
revision address 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) (certain 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 in their state conformity SIPs.
    EPA's review of West Virginia's Transportation Conformity SIP 
revision indicates that it is consistent with EPA's guidance in that it 
included the three elements specified by SAFETEA-LU and EPA's guidance. 
Consistent with the EPA Conformity Rule at 40 CFR 93.105 (consultation 
procedures), paragraph (a)(2) of each of the executed MOUs establishes 
the requirements for the appropriate agencies, procedures and 
allocation of responsibilities as required under 40 CFR 93.105 for 
consultation procedures. In addition, the executed MOUs provide for 
appropriate public consultation/public involvement consistent with 40 
CFR 93.105. With respect to 40 CFR 93.122(a)(4)(ii) and 40 CFR 
93.125(c), paragraphs (a)(3) and (a)(4) of the executed MOUs specifies

[[Page 24177]]

that written commitments for control measures and mitigation measures 
for meeting these requirements will be provided as needed.

IV. Final Action

    EPA is hereby approving the West Virginia SIP revision for 
Transportation Conformity, which was submitted on April 12, 2007. EPA 
is publishing this rule without prior proposal because the Agency views 
this as a noncontroversial amendment and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the SIP revision if adverse comments are filed. 
This rule will be effective on July 1, 2008, without further notice 
unless EPA receives adverse comment by June 2, 2008. If EPA receives 
adverse comment, EPA will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. EPA 
will address all public comments in a subsequent final rule based on 
the proposed rule. EPA will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time.

V. Statutory and Executive Order Reviews

    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 rule 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 July 1, 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 West Virginia Transportation Conformity 
SIP 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, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: April 15, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as 
follows:

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (e) is amended by adding an 
entry for State of West Virginia Transportation Conformity Requirements 
at the end of the table to read as follows:


Sec.  52.2520   Identification of plan.

* * * * *
    (e) * * *

[[Page 24178]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         State
Name of non- regulatory SIP revision   Applicable geographic area   submittal date          EPA approval date                Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
State of West Virginia                Entire State................      04/12/2007  05/02/2008 [Insert page number     Memoranda of Understanding
 Transportation Conformity                                                           where the document begins].        between EPA, FHWA, FTA, State of
 Requirements.                                                                                                          West Virginia, and six
                                                                                                                        Metropolitan Planning
                                                                                                                        Organizations.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. E8-9608 Filed 5-1-08; 8:45 am]
BILLING CODE 6560-50-P
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