[Federal Register Volume 65, Number 115 (Wednesday, June 14, 2000)]
[Rules and Regulations]
[Pages 37286-37288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14993]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[UT-001-0029; FRL-6711-9]


Approval and Promulgation of Air Quality Implementation Plan for 
Utah: Transportation Control Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving revisions to the Utah State Implementation 
Plan (SIP) that incorporate a new transportation control measure (TCM) 
in Utah County. Approval of this TCM as part of the Utah SIP means that 
this measure will receive priority for funding, and that it may proceed 
in the event of a transportation conformity lapse. We are approving 
this SIP revision under sections 110(k) and 176 of the Clean Air Act. 
We give our rationale for approving this SIP revision in this document.

DATES: This rule is effective on August 14, 2000 without further 
notice, unless EPA receives adverse comment by July 14, 2000. If we 
receive adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Written comments may be mailed to: Richard R. Long, 
Director, Air and Radiation Program, Mailcode 8P-AR, United States 
Environmental Protection Agency, Region VIII, 999 18th Street, Suite 
500, Denver, Colorado 80202-2466.
    Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the following 
offices:

United States Environmental Protection Agency, Region VIII, Air and 
Radiation Program, 999 18th Street, Suite 500, Denver, Colorado 80202-
2466; and,
United States Environmental Protection Agency, Air and Radiation Docket 
and Information Center, 401 M Street, SW, Washington, DC 20460.

    Copies of the State documents relevant to this action are available 
for public inspection at:

Utah Division of Air Quality, Department of Environmental Quality, 150 
North 1950 West, Salt Lake City, Utah, 84114-4820.

FOR FURTHER INFORMATION CONTACT: Jeff Houk, Air and Radiation Program, 
Mailcode 8P-AR, United States Environmental Protection Agency, Region 
VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466. 
Telephone number: (303) 312-6446.

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

I. What Is EPA Approving Today and Why?

    We are approving revisions to the Utah SIP to incorporate a new 
TCM. Specifically, we are approving revisions to SIP Section XI, 
``Other Control Measures for Mobile Sources,'' and a new rule, R307-
110-19, that incorporates this section of the SIP into State 
regulation. The specific TCM incorporated in Section XI is the 
construction of up to 700 park and ride spaces in Utah County by the 
year 2006. The SIP revision does not specify a location for these park 
and ride spaces, but refers to the Mountainland Association of 
Governments' ``Utah Valley Area Park and Ride Lot Plan,'' which will 
guide implementation of this measure. Construction of these park and 
ride spaces is estimated to result in emission reductions of up to 737 
pounds per day of carbon monoxide, 175 pounds per day of nitrogen 
oxides, 75 pounds per day of volatile organic compounds, and 116 pounds 
per day of particulate matter in the year 2010 (the

[[Page 37287]]

Park and Ride Lot Plan does not provide emission reduction estimates 
for the year 2006). The Park and Ride Lot Plan provides these emission 
reduction estimates for informational purposes; the State is not 
incorporating the emission reductions into Utah County's SIPs for 
carbon monoxide or particulate matter at this time. These park and ride 
facilities have been included in the transportation plan and 
transportation improvement program for Utah County.
    EPA's transportation conformity rule, 40 CFR 93 subpart A, includes 
several requirements relating to TCMs (62 FR 43780, August 15, 1997). 
Section 93.113 of the rule requires that TCMs be funded and implemented 
on the schedule provided for in the SIP, and that other projects not 
interfere with the implementation of TCMs. As a result of EPA's 
approval of this TCM into the SIP, this TCM must be implemented on 
schedule in order for the Mountainland Association of Governments to be 
able to make a positive finding of conformity for its long range 
transportation plan and transportation improvement program. In 
addition, in the event of a conformity lapse, this TCM is eligible to 
proceed to construction pursuant to section 93.114(b) of the conformity 
rule.

II. Opportunity for Public Comments

    The EPA is publishing this rule without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve this SIP revision if adverse comments 
are filed. This rule will be effective on August 14, 2000 without 
further notice unless we receive adverse comment by July 14, 2000. 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. We will address all public comments in a subsequent final rule 
based on the proposed rule. We will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2). This rule will be effective August 14, 2000 unless EPA 
receives adverse written comments by July 14, 2000.
    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 August 14, 2000. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Environmental protection, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Particulate matter, Volatile organic compounds.

    Dated: June 1, 2000.
Jack McGraw,
Acting Regional Administrator, Region VIII.

    Chapter I, title 40, of the Code of Federal Regulations are 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 TT--Utah

    2. Section 52.2320 is amended by adding paragraph (c)(44) to read 
as follows:

[[Page 37288]]

Sec. 52.2320  Identification of plan.

* * * * *
    (c) * * *
    (44) On February 29, 2000, the Governor of Utah submitted revisions 
to Section XI of the SIP that incorporate a new transportation control 
measure for Utah County into the SIP and State regulation.
    (i) Incorporation by reference.
    (A) UACR R307-110-19, Section XI, Other Control Measures for Mobile 
Sources, as adopted on February 9, 2000, effective February 10, 2000.
    (B) Revisions to Section XI of the Utah SIP, Other Control Measures 
for Mobile Sources, adopted February 9, 2000, effective February 10, 
2000.

[FR Doc. 00-14993 Filed 6-13-00; 8:45 am]
BILLING CODE 6560-50-P