Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54587

Office prior to the publication of the

rule of today’s Federal Register. This

rule is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action to approve revisions to the

Virginia SIP must be filed in the United

States Court of Appeals for the

appropriate circuit by December 22,

1997. Filing a petition for

reconsideration by the Administrator of

this 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 a rule

or action. This action pertaining to the

Virginia General Conformity Rule may

not be challenged later in the

proceedings to enforce its requirements.

(See section (b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: September 29, 1997.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

40 CFR part 52, is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart VV—Virginia

2. Section 52.2420 is amended by

adding paragraph (c)(118) to read as

follows:

§ 52.2420 Identification of plan.

* * * * *

(c) * * *

(118) Revision to the Virginia State

Implementation Plan on January 27,

1997 by the Virginia Department of

Environmental Quality:

(i) Incorporation by reference.

(A) A letter of January 27, 1997 from

the Virginia of Department

Environmental Quality transmitting the

General Conformity Rule.

(B) Virginia Regulation 9 VAC 5

Chapter 160—Regulation for General

Conformity, effective January 1, 1997.

(ii) Additional Material from the

Virginia’s January 27, 1997 submittal

pertaining to Regulation 9 VAC 5

Chapter 160.

[FR Doc. 97–27846 Filed 10–20–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 193–054; FRL–5907–9]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Bay

Area Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on July 11, 1997.

The revisions concern rules from the

following District: Bay Area Air Quality

Management District (BAAQMD). This

approval action will incorporate these

rules into the federally approved SIP.

The intended effect of approving these

rules is to implement the transportation

conformity provisions of the Clean Air

Act, as amended in 1990 (CAA or the

Act). The rules define the criteria and

procedures for transportation

conformity actions and consultation for

the Bay Area. EPA is finalizing the

approval of these revisions into the

California SIP under provisions of the

CAA regarding EPA action on SIP

submittals.

DATES: This action is effective on

November 20, 1997.

ADDRESSES: Copies of the rule revisions

and EPA’s evaluation report for each

rule are available for public inspection

at EPA’s Region IX office during normal

business hours. Copies of the submitted

rule revisions are available for

inspection at the following locations:

Air Planning Office (AIR–2), Air

Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105; Ruth Verlar, 415–744–1208.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, SW.,

Washington, DC 20460.

California Air Resources Board,

Transportation Strategies Group, 2020

‘‘L’’ Street, Sacramento, CA 92123–

1095; Eric Simon, 916–322–2700.

Bay Area Air Quality Management

District , 939 Ellis St., San Francisco,

CA 94109, David Marshall, 415–749–

4678.

FOR FURTHER INFORMATION CONTACT:

Mark Brucker, Air Planning Office, AIR–

2, Air Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105, Telephone: 415–744–1231,

brucker.mark@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the

California SIP include: BAAQMD, ‘‘The

San Francisco Bay Area Transportation

Air Quality Conformity Procedures,’’

which include sections 93.100–93.104

and sections 93.106–93.136 and ‘‘The

San Francisco Bay Area Transportation

Air Quality Conformity Interagency

Consultation Procedures’’. These rules

were submitted by the California Air

Resources Board to EPA on December

16, 1996.

II. Background

On July 11, 1997 in 62 FR 37172, EPA

proposed to approve the following rules

into the California SIP: BAAQMD: ‘‘The

San Francisco Bay Area Transportation

Air Quality Conformity Procedures,’’

which includes sections 93.100–93.104

and sections 93.106–93.136 and ‘‘The

San Francisco Bay Area Transportation

Air Quality Conformity Interagency

Consultation Procedures’’. The rules

were adopted by BAAQMD on

November 6, 1996. The California Air

Resources Board (CARB) submitted

these revisions to EPA on December 16,

1996. These rules were adopted as part

of BAAQMD’s efforts to achieve the

National Ambient Air Quality Standards

(NAAQS) and in response to section

176(c) transportation conformity

requirements of the Clean Air Act

(CAA). A detailed discussion of the

background for each of the above rules

is provided in the proposed rule cited

above.

EPA has evaluated the above rule(s)

for consistency with the requirements of

the CAA and EPA regulations and EPA

interpretation of these requirements as

expressed in the various EPA policy

guidance documents referenced in the

proposed rule cited above. EPA has

found that the rules meet the applicable

EPA requirements. A detailed

discussion of the rule provisions and

evaluations has been provided in the

proposed rule and in the technical

support document (TSD), dated June,

1997, which is available at EPA’s Region

IX office.

III. Response to Public Comments

A 30-day public comment period was

provided in 62 FR 37172. No comments

were received, so no response has been

prepared.
54588 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

IV. EPA Action

EPA is finalizing this action to

approve the above rules for inclusion

into the California SIP. EPA is

approving the submittal under section

110(k)(3) as meeting the requirements of

sections 110(a) and 176(c)(4) of the

CAA. This approval action will

incorporate these rule(s) into the

Federally approved SIP. The intended

effect of approving these rule(s) is to

regulate actions of agencies which affect

emissions from on-road mobile sources

in accordance with the requirements of

the CAA.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any State

implementation plan. Each request for

revision to the State implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

V. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under Section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by section

804(2).

E. Petitions for Judicial Review

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 December 22,

1997. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for the purposes of judicial

review nor does it extend the time

within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon Monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Oxides of Nitrogen, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: September 26, 1997.

Felicia Marcus,

Regional Administrator.

Part 52, 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. 7401–7671q.

Subpart F—California

2. Section 52.220 is amended by

adding paragraph (c)(243) to read as

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

* * * * *

(243) Transportation Air Quality

Conformity Procedures and

Transportation Conformity Consultation

Procedures for the following AQMD

were submitted on December 16, 1996,

by the Governor’s designee.

(i) Incorporation by reference.

(A) Bay Area Air Quality Management

District.

(1) ‘‘The San Francisco Bay Area

Transportation Air Quality Conformity

Procedures,’’ which includes sections

93.100-93.104 and sections 93.106–

93.136, adopted on November 6, 1996.

(2) ‘‘The San Francisco Bay Area

Transportation Air Quality Conformity

Interagency Consultation Procedures,’’

adopted on November 6, 1996.

* * * * *

[FR Doc. 97–27857 Filed 10–20–97; 8:45 am]

BILLING CODE 6560–50–P