14332 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Rules and Regulations

Air quality control region and nonattainment area

Pollutant

SO2

PM10 NOX CO O3

Primary Secondary

AQCR 42: Hartford-New Haven-Springfield Interstate Hartford-New

Britain-Middletown Area

Hartford County (part) See 40 CFR 81.307 ....................................................... a b a a d e

Litchfield County (part) See 40 CFR 81.307 ...................................................... a b a a d e

Middlesex County (part) See 40 CFR 81.307 .................................................... a b a a d e

Tolland County (part) See 40 CFR 81.307 ........................................................ a b a a d e

New Haven-Meriden-Waterbury Area

Fairfield County (part) See 40 CFR 81.307 ....................................................... a b a a d e

Litchfield County (part) See 40 CFR 81.307 ...................................................... a b a a d e

New Haven County

All portions except City of New Haven ............................................................... a b a a d e

City of New Haven ............................................................................................. a b g a d e

AQCR 43: New York-New Jersey-Connecticut Interstate New York-N.

New Jersey-Long Island Area

Fairfield County (part) See 40 CFR 81.307 ....................................................... a b a a d f

Litchfield County (part) See 40 CFR 81.307 ...................................................... a b a a d f

AQCR 44: Northwestern Connecticut Interstate

Hartford County (part) ........................................................................................ a b a a a e

Hartford Township

Litchfield County (part) See 40 CFR 81.307 ...................................................... a b a a a e

All portions except cities and towns in Hartford, New Haven, and New

York Areas

a. Air quality levels presently below primary standards or area is unclassifiable.

b. Air quality levels presently below secondary standards or area is unclassifiable.

c. November 15, 1995.

d. December 31, 1995.

e. November 15, 1999.

f. November 15, 2007.

g. December 31, 1996 (two 1-year extensions granted).

[FR Doc. 97–7688 Filed 3–25–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[NM 22–1–7103a; FRL–5709–6]

Approval and Promulgation of

Implementation Plan for New Mexico:

General Conformity Rules

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action approves a

revision to the New Mexico State

Implementation Plan (SIP) that contains

regulations for implementing and

enforcing the general conformity rules

which the EPA promulgated on

November 30, 1993. Specifically, the

general conformity rules enable the New

Mexico Environment Department to

review conformity of all Federal actions

(See 40 CFR part 51, subpart W—

Determining Conformity of General

Federal Actions to State or Federal

Implementation Plans) with the control

strategy SIPs submitted for the

nonattainment and maintenance areas

within the State except for actions

within the boundaries of Bernalillo

County. This approval action is

intended to streamline the conformity

process and allow direct consultation

among agencies at the local levels. The

Federal actions by the Federal Highway

Administration and Federal Transit

Administration (under Title 23 U.S.C. or

the Federal Transit Act) are covered by

the transportation conformity rules

under 40 CFR part 51, subpart T—

Conformity to State or Federal

Implementation Plans of Transportation

Plans, Programs, and Projects

Developed, Funded or Approved Under

Title 23 U.S.C. or the Federal Transit

Act. The EPA will act on the New

Mexico transportation conformity SIP

under a separate action.

The EPA is approving this SIP

revision under sections 110(k) and 176

of the Clean Air Act (the Act). The

rationale for the approval and other

information are provided in this

document.

DATES: This action is effective on May

27, 1997, unless adverse or critical

comments concerning this action are

submitted and postmarked by April 25,

1997. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the State general

conformity SIP and other relevant

information are available for inspection

during normal business hours at the

following locations. Interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day.

Air Planning Section (6PDL),

Multimedia Planning and Permitting

Division, Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Dallas, Texas 75202, telephone: (214)

665–7214.

Air and Radiation Docket and

Information Center, Environmental

Protection Agency, 401 M Street SW.,

Washington, DC 20460.

Air Quality Bureau, New Mexico

Environment Department, 1190 St.

Francis Drive, Santa Fe, NM 87502,

telephone: (505) 827–0042.

FOR FURTHER INFORMATION CONTACT: Mr.

J. Behnam, P.E., Air Planning Section

(6PDL), Multimedia Planning and

Permitting Division , Environmental

Protection Agency, Region 6, 1445 Ross
Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Rules and Regulations 14333

Avenue, Dallas, TX 75202, telephone

(214) 665–7247.

SUPPLEMENTARY INFORMATION:

I. Background

Conformity is defined in section

176(c) of the Clean Air Act, as amended

in 1990, as conformity to the SIP’s

purpose of eliminating or reducing the

severity and number of violations of the

National Ambient Air Quality Standards

and achieving expeditious attainment of

such standards, and that such activities

will not: (1) cause or contribute to any

new violation of any standard in any

area, (2) increase the frequency or

severity of any existing violation of any

standard in any area, or (3) delay timely

attainment of any standard or any

required interim emission reductions or

other milestones in any area.

The Act requires EPA to promulgate

criteria and procedures for determining

conformity of all other Federal actions

in the nonattainment or maintenance

areas (actions other than those under

Title 23 U.S.C. or the Federal Transit

Act) to a SIP. The criteria and

procedures developed for this purpose

are called ‘‘general conformity’’ rules.

The rules pertaining to actions under

Title 23 U.S.C. or the Federal Transit

Act were published in a separate

Federal Register notice on November

24, 1993. See 58 FR 62188. The EPA

published the final general conformity

rules on November 30, 1993 (58 FR

63214), and codified them at 40 CFR

part 51, subpart W—Determining

Conformity of General Federal Actions

to State or Federal Implementation

Plans. The general conformity rules

require the States and local air quality

agencies (where applicable) to adopt

and submit a general conformity SIP

revision to the EPA not later than

November 30, 1994.

II. Evaluation of State’s Submission

In response to the Federal Register

Action of November 30, 1993, the

Governor of New Mexico submitted a

SIP revision which included the general

conformity rules adopted by the New

Mexico Environment Department. The

State general conformity rule is

applicable to all nonattainment and

maintenance areas in the State outside

the boundaries of Bernalillo County.

Bernalillo County is a ‘‘class A’’ county

as defined by the State statute and

authorized by the New Mexico Air

Quality Control Act to establish its own

regulatory requirements for air pollution

control within the County. The EPA

approved the Albuquerque/Bernalillo

County general conformity SIP revision

under a separate Federal Register action

on September 13, 1996 (61 FR 48407).

The following paragraphs present the

results of EPA’s review and evaluation

of the State’s general conformity SIP

revision.

On November 17, 1994, the Governor

of New Mexico submitted a SIP revision

in compliance with 40 CFR part 51,

subpart W that contains the general

conformity rules. The SIP revision was

adopted by the New Mexico

Environmental Improvement Board on

November 10, 1994, after appropriate

public participation and interagency

consultation. The EPA could not

approve this submittal.

Subsequently, the Governor of New

Mexico submitted a completely revised

SIP revision on July 18, 1996, which

removed any inconsistencies and also

included a complete recodified set of

general conformity regulations. The

revised and recodified SIP revision was

adopted by the New Mexico

Environmental Board on June 14, 1996.

Since this 1996 action negates the

earlier submittal, the EPA’s action today

is based on evaluation of the revised SIP

submitted on July 18, 1996. The revised

SIP revision adopts the Federal general

conformity rules verbatim with the

exception of limited changes and

additional definitions, where necessary,

to create consistency with the local

processes, procedures, and area specific

terms or names. These minor

modifications and additional

clarifications do not in any way alter the

effect, implementation and enforcement

of the Federal conformity requirements

in the State outside the boundaries of

Bernalillo County. The EPA has

determined that the State’s general

conformity rule, as submitted by the

Governor on July 18, 1996, meets the

Federal requirements and therefore,

EPA is approving this SIP revision.

III. Final Action

The EPA is approving a revision to

the State of New Mexico SIP which

contains general conformity regulations

as submitted by the Governor of New

Mexico on July 18, 1996. The State

general conformity rule is applicable to

all nonattainment and maintenance

areas in the State outside the boundaries

of Bernalillo County. The EPA has

evaluated this SIP revision and has

determined that the State has fully

adopted the provisions of the Federal

general conformity rules in accordance

with 40 CFR part 51, subpart W. The

appropriate public participation and

comprehensive interagency

consultations have been undertaken

during development and adoption of

these rules by the State Environment

Department at the local level.

The EPA is publishing this final

approval action without advanced

notice of proposal because the EPA

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is simultaneously

proposing to approve this SIP revision

should adverse or critical comments be

filed. This action will be effective May

27,1997, unless adverse or critical

comments concerning this action are

submitted and postmarked by April 25,

1997.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received concerning this

action will then be addressed in a

subsequent final rule based on this

action serving as a proposed rule. The

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received on this

action, the public is advised that this

action will be effective May 27, 1997.

Nothing in this action shall be

construed as permitting, allowing, or

establishing a precedent for any future

request for a revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table Three action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995, memorandum from Ms. Mary

Nichols, Assistant Administrator for Air

and Radiation. The Office of

Management and Budget has exempted

this regulatory action from Executive

Order 12866 review.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act,

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

prepare a regulatory flexibility analysis

assessing the impact of any proposed or

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

603 and 604. Alternatively, the EPA

may certify that the rule will not have

a significant impact on a substantial

number of small entities. See 46 FR

8709. Small entities include small

businesses, small not-for-profit
14334 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Rules and Regulations

enterprises, and governmental entities

with jurisdiction over populations of

less than 50,000.

The SIP approvals under section 110

and subchapter I, part D of the 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, I

certify that it does not have a significant

impact on small entities. Moreover, due

to the nature of the Federal-State

relationship under the Act, preparation

of a regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of State

action. The Act forbids EPA from basing

its actions concerning SIPs on such

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

E.P.A., 427 U.S. 246, 256–66 (S.Ct.

1976); 42 U.S.C. section 7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, the 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, the 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 the EPA to

establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The 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 preexisting requirements

under State or local law, and imposes

no new. 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, the

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

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

E. Petition for Judicial Review

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

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by May 27, 1997. Filing a

petition for reconsideration of this final

rule by the Regional Administrator does

not affect the finality of this rule for

purposes of judicial review; nor does it

extend the time within which a petition

for judicial review may be filed, or

postpone the effectiveness of this rule.

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,

General conformity, Hydrocarbons,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Particulate matter,

Volatile organic compounds.

Dated: March 4, 1997.

Jerry Clifford,

Acting 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 GG—New Mexico

2. Section 52.1620 is amended by

adding paragraph (c)(65) to read as

follows:

§ 52.1620 Identification of plan.

* * * * *

(c) * * *

(65) A revision to the New Mexico

State Implementation Plan: New Mexico

Administrative Code Title 20 Chapter 2

Part 98 ‘‘Conformity of General Federal

Actions to the State Implementation

Plan’’, as adopted on June 14, 1996, by

the New Mexico Environmental Board,

and filed with the State Records Center

on June 19, 1996, was submitted by the

Governor on July 18, 1996.

(i) Incorporation by reference.

(A) New Mexico Administrative Code

Title 20 Chapter 2 Part 98 ‘‘Conformity

of General Federal Actions to the State

Implementation Plan’’, as adopted on

June 14, 1996, filed with the State

Records Center on June 19, 1996, and

effective on August 2, 1996.

[FR Doc. 97–7692 Filed 3–25–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 172, 173, and 178

[Docket No. HM–181H; Amdt. Nos. 172–150,

173–255, 178–117]

RIN 2137–AC80

Performance-Oriented Packaging

Standards; Final Transitional

Provisions; Revisions and Response

to Petitions for Reconsideration

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Final rule; editorial revisions

and response to petitions for

reconsideration.

SUMMARY: On September 26, 1996, RSPA

published a final rule which amended

the Hazardous Materials Regulations to

incorporate a number of changes based

on rulemaking petitions from industry,

RSPA initiatives and comments

received at public meetings, to the

classification of certain hazardous

materials which are poisonous by

inhalation and to provisions for the

manufacture, use, and reuse of

hazardous materials packagings. The

intended effect of the September 26,

1996 rule is to improve safety, reduce

compliance costs to offerors and

transporters of hazardous materials,

make the regulations easier to use and

correct errors. This final rule corrects

errors in the September 26, 1996 final

rule and responds to petitions for

reconsideration. This final rule also

publishes two letters denying petitions

for reconsideration of a provision in the

September 26, 1996 final rule.

DATES: The amendments in this final

rule are effective March 26, 1997.

FOR FURTHER INFORMATION CONTACT: Joan

McIntyre, telephone (202) 366-8553,

Office of Hazardous Materials

Standards, Research and Special

Programs Administration, Washington

DC, 20590–0001.

SUPPLEMENTARY INFORMATION:

I. Background

On December 21, 1990, RSPA

published a final rule [Docket HM–181;

55 FR 52402], which comprehensively

revised the HMR with respect to hazard

communication, classification, and