Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Clark County, 66182-66184 [E8-26513]
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66182
Federal Register / Vol. 73, No. 217 / Friday, November 7, 2008 / Rules and Regulations
digital transmission of a sound
recording which results in a specifically
identifiable reproduction by or for any
transmission recipient of a phonorecord
of that sound recording, regardless of
whether the digital transmission is also
a public performance of the sound
recording or any nondramatic musical
work embodied therein. The
reproduction of the phonorecord must
be sufficiently permanent or stable to
permit it to be perceived, reproduced, or
otherwise communicated for a period of
more than transitory duration. Such a
phonorecord may be permanent or it
may be made available to the
transmission recipient for a limited
period of time or for a specified number
of performances. A digital phonorecord
delivery includes all phonorecords that
are made for the purpose of making the
digital phonorecord delivery.
*
*
*
*
*
Dated: October 22, 2008.
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. E8–26666 Filed 11–6–08; 8:45 am]
PART 255—ADJUSTMENT OF
ROYALTY PAYMENTS UNDER
COMPULSORY LICENSE FOR MAKING
AND DISTRIBUTING PHONORECORDS
SUMMARY: Under the Clean Air Act, EPA
is taking direct final action to approve
a revision to the Clark County portion
of the Nevada State Implementation
Plan (SIP). This revision consists of
transportation conformity criteria and
procedures related to interagency
consultation and enforceability of
certain transportation-related control
measures and mitigation measures. The
intended effect is to include the
transportation conformity criteria and
procedures in the applicable SIP.
DATES: This rule is effective on January
6, 2009, without further notice, unless
EPA receives adverse comments by
December 8, 2008. If we receive such
comments, we will publish a timely
withdrawal in the Federal Register to
notify the public that this direct final
rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2008–0728, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. E-mail: vagenas.ginger@epa.gov.
3. Mail or deliver: Ginger Vagenas
(AIR–2), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments 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
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
4. The authority citation for part 255
continues to read as follows:
■
Authority: 17 U.S.C. 702.
5. Section 255.4 is revised to read as
follows:
■
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§ 255.4 Definition of digital phonorecord
delivery.
A ‘‘digital phonorecord delivery’’ is
each individual delivery of a
phonorecord by digital transmission of
a sound recording which results in a
specifically identifiable reproduction by
or for any transmission recipient of a
phonorecord of that sound recording,
regardless of whether the digital
transmission is also a public
performance of the sound recording or
any nondramatic musical work
embodied therein. The reproduction of
the phonorecord must be sufficiently
permanent or stable to permit it to be
perceived, reproduced, or otherwise
communicated for a period of more than
transitory duration. Such a phonorecord
may be permanent or it may be made
available to the transmission recipient
for a limited period of time or for a
specified number of performances. A
digital phonorecord delivery includes
all phonorecords that are made for the
purpose of making the digital
phonorecord delivery.
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BILLING CODE 1410–30–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2008–0728; FRL–8729–1]
Approval and Promulgation of
Implementation Plans; Revisions to the
Nevada State Implementation Plan;
Clark County
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or e-mail.
The https://www.regulations.gov portal is
an ‘‘anonymous access’’ system, and
EPA will not know your identity or
contact information unless you provide
it in the body of your comment. If you
send e-mail directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. 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.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Ginger Vagenas, EPA Region IX, (415)
972–3964, vagenas.ginger@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Transportation Conformity
II. Background for This Action
III. State Submittal and EPA Evaluation
IV. Public Comment and Final Action
V. Statutory and Executive Order Reviews
I. Transportation Conformity
Transportation conformity is required
under section 176(c) of the Clean Air
Act (CAA or Act) to ensure that
federally supported highway, transit
projects, and other activities are
consistent with (‘‘conform to’’) the
purpose of the SIP. Conformity applies
to areas that are currently designated
nonattainment, and to areas that have
been redesignated to attainment after
1990 (maintenance areas) with plans
developed under section 175A of the
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
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Federal Register / Vol. 73, No. 217 / Friday, November 7, 2008 / Rules and Regulations
(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.
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II. Background for This Action
EPA promulgated the Federal
transportation conformity criteria and
procedures (the conformity rule) on
November 24, 1993. See 58 FR 62188.
Among other things, the rule required
states to address all provisions of the
conformity rule in their SIPs
(‘‘conformity SIPs’’). Under 40 CFR
51.390, most sections of the conformity
rule were required to be copied
verbatim. States were also required to
tailor all or portions of the following
three sections of the conformity rule to
meet their state’s individual
circumstances: 40 CFR 93.105, which
addresses consultation procedures; 40
CFR 93.122(a)(4)(ii), which addresses
written commitments to control
measures that are not included in a
metropolitan planning organization’s
(MPO’s) transportation plan and
transportation improvement program
that must be obtained prior to a
conformity determination, and the
requirement that such commitments,
when they exist, must be fulfilled; and
40 CFR 93.125(c), which addresses
written commitments to mitigation
measures that must be obtained prior to
a project-level conformity
determination, and the requirement that
project sponsors must comply with such
commitments, when they exist.
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 section
176(c) of the Clean Air Act’s
transportation conformity provisions.
One of the changes streamlines the
requirements for conformity SIPs. Under
SAFETEA–LU, states are required to
address and tailor only three sections of
the conformity rule in their conformity
SIPs: 40 CFR 93.105, 40 CFR
93.122(a)(4)(ii), and, 40 CFR 93.125(c),
described above. In general, states are
no longer required to submit conformity
SIP revisions that address the other
sections of the conformity rule. These
changes took effect on August 10, 2005,
when SAFETEA–LU was signed into
law.
III. State Submittal and EPA Evaluation
EPA has designated portions of Clark
County, Nevada, as nonattainment for
the carbon monoxide, 8-hour ozone, and
respirable particulate matter (PM10)
national ambient air quality standards
(NAAQS). See 40 CFR 81.329. Thus, a
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‘‘conformity SIP’’ for the portions of
Clark County so designated must be
prepared, adopted, and submitted to
EPA to comply with the CAA, as
amended by SAFETEA–LU.
In response to these requirements, on
April 1, 2008, the Nevada Division of
Environmental Protection (NDEP)
submitted the Clark County
Transportation Conformity Plan (TCP)
to EPA for approval as a revision to the
Clark County portion of the Nevada SIP.
The Clark County Board of County
Commissioners adopted the Clark
County TCP on January 15, 2008.
Appendix A of the Clark County TCP
documents public notice and hearing for
this SIP revision in compliance with
CAA section 110(l) and 40 CFR 51.102.
On July 3, 2008, this submittal was
found to meet the completeness criteria
in 40 CFR Part 51 Appendix V, which
must be met before formal EPA review.
There is no previous version of the
Clark County TCP in the SIP.
Upon EPA approval, the Federal
transportation conformity regulations
will apply, except for those sections
addressed by the current submittal, i.e.,
the requirements under 40 CFR
93.122(a)(4)(ii) and 93.125(c) for
enforceability of control measures and
mitigation measures, and under 40 CFR
93.105 for interagency consultation.
We have reviewed the Clark County
TCP to assure consistency with the
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 plan is approvable.
Details of our review are set forth in a
technical support document (TSD),
which has been included in the docket
for this action. Specifically, in our TSD,
we identify how the submitted
procedures satisfy our requirements
under 40 CFR 93.105 for interagency
consultation with respect to the
development of transportation plans
and programs, SIPs, and conformity
determinations, the resolution of
conflicts, and the provision of adequate
public consultation, and our
requirements under 40 CFR
93.122(a)(4)(ii) and 93.125(c) for
enforceability of control measures and
mitigation measures. EPA approval of
this SIP revision is consistent with
Federal law and regulations, and will
obviate the need for SIP revisions that
would have otherwise been triggered by
changes to the underlying Federal
regulations.
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66183
IV. Public Comment and Final Action
As authorized in section 110(k)(3) of
the Act, and for the reasons set forth
above, EPA is fully approving the Clark
County Transportation Conformity Plan,
submitted on April 1, 2008, as a revision
to the Clark County portion of the
Nevada SIP. We do not think anyone
will object to this approval, so we are
finalizing it without proposing it in
advance. However, in the Proposed
Rules section of this Federal Register,
we are simultaneously proposing
approval of the same submitted plan. If
we receive adverse comments by
December 8, 2008, we will publish a
timely withdrawal in the Federal
Register to notify the public that the
direct final approval will not take effect
and we will address the comments in a
subsequent final action based on the
proposal. If we do not receive timely
adverse comments, the direct final
approval will be effective without
further notice on January 6, 2009. This
will incorporate the Clark County TCP
into the federally enforceable SIP.
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 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);
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• 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.
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).
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 January 6, 2009.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action 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)).
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 24, 2008.
Wayne Nastri,
Regional Administrator, Region IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
■
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart DD—Nevada
2. Section 52.1470 is amended by
adding paragraph (c)(72) to read as
follows:
■
§ 52.1470
Identification of plan.
*
*
*
*
*
(c) * * *
(72) The following plan revision was
submitted on April 1, 2008, by the
Governor’s designee.
(i) Incorporation by reference.
(A) Clark County Department of Air
Quality and Environmental
Management.
(1) Clark County Transportation
Conformity Plan (January 2008),
adopted by the Clark County Board of
County Commissioners on January 15,
2008.
[FR Doc. E8–26513 Filed 11–6–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 59
[EPA–HQ–OAR–2006–0971; FRL–8738–7]
RIN 2060–AP33
National Volatile Organic Compound
Emission Standards for Aerosol
Coatings
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action on the National Volatile Organic
Compound Emission Standards for
Aerosol Coatings, which establishes
national reactivity-based emission
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standards for the aerosol coatings
category (aerosol spray paints) under the
Clean Air Act (CAA). In this direct final
action, EPA is moving the applicability
and compliance dates for aerosol
coatings from January 1, 2009, to July 1,
2009. EPA is also making initial
notifications required due on the
compliance date, as opposed to 90 days
in advance of the compliance date.
DATES: This rule is effective on
December 29, 2008 without further
notice, unless EPA receives adverse
comment by December 8, 2008, or
December 22, 2008 if a hearing is
requested. If EPA receives adverse
comment, we will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified under Docket ID No. EPA–
HQ–OAR–2006–0971 by one of the
following methods:
• www.regulations.gov. Follow the
online instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: National Volatile Organic
Compound Emission Standards for
Aerosol Coatings, Environmental
Protection Agency, Mail Code: 2822T,
1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. Please include
two copies.
• Hand Delivery: EPA Docket Center,
1301 Constitution Avenue, NW., EPA
Headquarters Library, Room 3334, EPA
West Building, Washington, DC 20460.
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–HQ–OAR–2006–
0971. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov, your e-
E:\FR\FM\07NOR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 217 (Friday, November 7, 2008)]
[Rules and Regulations]
[Pages 66182-66184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26513]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2008-0728; FRL-8729-1]
Approval and Promulgation of Implementation Plans; Revisions to
the Nevada State Implementation Plan; Clark County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Under the Clean Air Act, EPA is taking direct final action to
approve a revision to the Clark County portion of the Nevada State
Implementation Plan (SIP). This revision consists of transportation
conformity criteria and procedures related to interagency consultation
and enforceability of certain transportation-related control measures
and mitigation measures. The intended effect is to include the
transportation conformity criteria and procedures in the applicable
SIP.
DATES: This rule is effective on January 6, 2009, without further
notice, unless EPA receives adverse comments by December 8, 2008. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2008-0728, by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions.
2. E-mail: vagenas.ginger@epa.gov.
3. Mail or deliver: Ginger Vagenas (AIR-2), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments 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 Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through https://
www.regulations.gov or e-mail. The https://www.regulations.gov portal is
an ``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. 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.
Docket: The index to the docket for this action is available
electronically at https://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, (415)
972-3964, vagenas.ginger@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Transportation Conformity
II. Background for This Action
III. State Submittal and EPA Evaluation
IV. Public Comment and Final Action
V. Statutory and Executive Order Reviews
I. Transportation Conformity
Transportation conformity is required under section 176(c) of the
Clean Air Act (CAA or Act) to ensure that federally supported highway,
transit projects, and other activities are consistent with (``conform
to'') the purpose of the SIP. Conformity applies to areas that are
currently designated nonattainment, and to areas that have been
redesignated to attainment after 1990 (maintenance areas) with plans
developed under section 175A of the 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
[[Page 66183]]
(NAAQS). The transportation conformity regulation is found in 40 CFR
part 93 and provisions related to conformity SIPs are found in 40 CFR
51.390.
II. Background for This Action
EPA promulgated the Federal transportation conformity criteria and
procedures (the conformity rule) on November 24, 1993. See 58 FR 62188.
Among other things, the rule required states to address all provisions
of the conformity rule in their SIPs (``conformity SIPs''). Under 40
CFR 51.390, most sections of the conformity rule were required to be
copied verbatim. States were also required to tailor all or portions of
the following three sections of the conformity rule to meet their
state's individual circumstances: 40 CFR 93.105, which addresses
consultation procedures; 40 CFR 93.122(a)(4)(ii), which addresses
written commitments to control measures that are not included in a
metropolitan planning organization's (MPO's) transportation plan and
transportation improvement program that must be obtained prior to a
conformity determination, and the requirement that such commitments,
when they exist, must be fulfilled; and 40 CFR 93.125(c), which
addresses written commitments to mitigation measures that must be
obtained prior to a project-level conformity determination, and the
requirement that project sponsors must comply with such commitments,
when they exist.
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 section 176(c) of the Clean Air Act's
transportation conformity provisions. One of the changes streamlines
the requirements for conformity SIPs. Under SAFETEA-LU, states are
required to address and tailor only three sections of the conformity
rule in their conformity SIPs: 40 CFR 93.105, 40 CFR 93.122(a)(4)(ii),
and, 40 CFR 93.125(c), described above. In general, states are no
longer required to submit conformity SIP revisions that address the
other sections of the conformity rule. These changes took effect on
August 10, 2005, when SAFETEA-LU was signed into law.
III. State Submittal and EPA Evaluation
EPA has designated portions of Clark County, Nevada, as
nonattainment for the carbon monoxide, 8-hour ozone, and respirable
particulate matter (PM10) national ambient air quality
standards (NAAQS). See 40 CFR 81.329. Thus, a ``conformity SIP'' for
the portions of Clark County so designated must be prepared, adopted,
and submitted to EPA to comply with the CAA, as amended by SAFETEA-LU.
In response to these requirements, on April 1, 2008, the Nevada
Division of Environmental Protection (NDEP) submitted the Clark County
Transportation Conformity Plan (TCP) to EPA for approval as a revision
to the Clark County portion of the Nevada SIP. The Clark County Board
of County Commissioners adopted the Clark County TCP on January 15,
2008. Appendix A of the Clark County TCP documents public notice and
hearing for this SIP revision in compliance with CAA section 110(l) and
40 CFR 51.102. On July 3, 2008, this submittal was found to meet the
completeness criteria in 40 CFR Part 51 Appendix V, which must be met
before formal EPA review. There is no previous version of the Clark
County TCP in the SIP.
Upon EPA approval, the Federal transportation conformity
regulations will apply, except for those sections addressed by the
current submittal, i.e., the requirements under 40 CFR 93.122(a)(4)(ii)
and 93.125(c) for enforceability of control measures and mitigation
measures, and under 40 CFR 93.105 for interagency consultation.
We have reviewed the Clark County TCP to assure consistency with
the 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 plan is approvable. Details of our review are set
forth in a technical support document (TSD), which has been included in
the docket for this action. Specifically, in our TSD, we identify how
the submitted procedures satisfy our requirements under 40 CFR 93.105
for interagency consultation with respect to the development of
transportation plans and programs, SIPs, and conformity determinations,
the resolution of conflicts, and the provision of adequate public
consultation, and our requirements under 40 CFR 93.122(a)(4)(ii) and
93.125(c) for enforceability of control measures and mitigation
measures. EPA approval of this SIP revision is consistent with Federal
law and regulations, and will obviate the need for SIP revisions that
would have otherwise been triggered by changes to the underlying
Federal regulations.
IV. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, and for the reasons
set forth above, EPA is fully approving the Clark County Transportation
Conformity Plan, submitted on April 1, 2008, as a revision to the Clark
County portion of the Nevada SIP. We do not think anyone will object to
this approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted plan. If we
receive adverse comments by December 8, 2008, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on January 6, 2009. This will incorporate the
Clark County TCP into the federally enforceable SIP.
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 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);
[[Page 66184]]
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.
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).
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 January 6, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: September 24, 2008.
Wayne Nastri,
Regional Administrator, Region IX.
0
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 DD--Nevada
0
2. Section 52.1470 is amended by adding paragraph (c)(72) to read as
follows:
Sec. 52.1470 Identification of plan.
* * * * *
(c) * * *
(72) The following plan revision was submitted on April 1, 2008, by
the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Clark County Transportation Conformity Plan (January 2008),
adopted by the Clark County Board of County Commissioners on January
15, 2008.
[FR Doc. E8-26513 Filed 11-6-08; 8:45 am]
BILLING CODE 6560-50-P
