Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Rules and Regulations 19451 

[FR Doc. E9–9753 Filed 4–28–09; 8:45 am] 

BILLING CODE 8320–01–C 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0898; FRL–8898–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania: Transportation 

Conformity Requirement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Pennsylvania State Implementation Plan 

(SIP) submitted by the Commonwealth 

of Pennsylvania. 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 June 29, 

2009 without further notice, unless EPA 

receives adverse written comment by 

May 29, 2009. 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–2008–0898 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: febbo.carol@epa.gov. 

C. Mail: EPA–R03–OAR–2008–0898, 

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–2008– 

0898. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 http:// 

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 http:// 

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 Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control Rachel Carson State Office 

Building, 400 Market Street, 12th Floor, 

Harrisburg, PA 17105–8468. 

FOR FURTHER INFORMATION CONTACT: 

Martin Kotsch, (215) 814–3335, or by email 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? 

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. 

Transportation Conformity currently 

applies to areas that are designated 

nonattainment, and those areas 

redesignated to attainment after 1990 

(maintenance areas), with maintenance 

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 kinds 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 Rule. 

III. What Did the State Submit and How 

Did We Evaluate It? 

On May 29, 2008, the Pennsylvania 

Department of Environmental Protection 

submitted a revision to its State 

Implementation Plan (SIP) for 

Transportation Conformity purposes. 

The SIP revision consists of eighteen 

executed Memorandams of Agreements 

(MOAs) which will constitute the 

Pennsylvania SIP for transportation 

conformity purposes. The eighteen 

MOAs were executed among the State of 

Pennsylvania and the various 


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Metropolitan Planning Organizations 

and Rural Planning Organizations 

within the Commonwealth of 

Pennsylvania which have responsibility 

for undertaking transportation 

conformity in conjunction with 

transportation planning activities. These 

MOAs which make up the SIP revision 

address the three provisions of the 

Federal 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 

http://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 

Rule in their state conformity SIPs. 

EPA’s review of Pennsylvania’s 

Transportation Conformity SIP revision 

indicates that it is consistent with EPA’s 

guidance in that the SIP revision 

included the three elements specified by 

SAFETEA–LU and EPA’s guidance. 

Consistent with the Federal Rule at 40 

CFR 93.105 (consultation procedures), 

paragraph (a)(2) of each of the executed 

MOAs 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 MOAs 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 MOAs specify that written 

commitments for implementation of 

control measures and mitigation 

measures for meeting these 

requirements will be provided as 

needed. 

IV. Final Action 

EPA is hereby approving the 

Pennsylvania SIP revision for 

Transportation Conformity, which was 

submitted on May 29, 2008. 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 June 

29, 2009 without further notice unless 

EPA receives adverse comment by May 

29, 2009. 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 

A. General Requirements 

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); 

• 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 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 June 29, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action to 

approve the Pennsylvania 

Transportation Conformity SIP may not 


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Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Rules and Regulations 19453 

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: April 15, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

■ 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: 

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

Subpart NN—Pennsylvania 

■ In § 52.2020, the table in paragraph 

(e)(1) is amended by adding an entry for 

Transportation Conformity 

Requirements at the end of the table to 

read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e)(1)* * * 

EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MATERIAL

Name of non-regulatory 

SIP revision 

Applicable geographic 

area 

State submittal 

date EPA approval date Additional explanation 

* * * * * * * 

Transportation Conformity Requirements.Entire State .................. 5/29/08 4/29/09 [Insert page 

number where the 

document begins].

Memoranda of Understanding between EPA, 

FHWA, FTA, Pennsylvania, Virginia, and 

eighteen Metropolitan and Rural Planning Organizations. 

* * * * * 

[FR Doc. E9–9846 Filed 4–28–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R03–RCRA–2009–0916; FRL–8898–7] 

Pennsylvania: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: Pennsylvania has applied to 

EPA for final authorization of revisions 

to its hazardous waste program under 

the Resource Conservation and 

Recovery Act (RCRA). EPA has 

determined that these revisions satisfy 

all requirements needed to qualify for 

final authorization and is authorizing 

Pennsylvania’s revisions through this 

immediate final action. EPA is 

publishing this rule to authorize the 

revisions without a prior proposal 

because we believe this action is not 

controversial and do not expect 

comments that oppose it. Unless we 

receive written comments that oppose 

this authorization during the comment 

period, the decision to authorize 

Pennsylvania’s revisions to its 

hazardous waste program will take 

effect. If we receive comments that 

oppose this action we will publish a 

document in the Federal Register 

withdrawing the relevant portions of 

this rule, before they take effect, and a 

separate document in the proposed 

rules section of this Federal Register 

will serve as a proposal to authorize 

revisions to Pennsylvania’s program that 

were the subject of adverse comments. 

Today’s document also corrects errors 

made in the authorization history that 

was published in the January 20, 2004 

Federal Register authorization 

document for Pennsylvania. 

DATES: This final authorization will 

become effective on June 29, 2009, 

unless EPA receives adverse written 

comments by May 29, 2009. If EPA 

receives any such comment, it will 

publish a timely withdrawal of this 

immediate final rule in the Federal 

Register and inform the public that this 

authorization will not take effect as 

scheduled. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

RCRA–2009–0916, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: 

bentley.pete@epamail.epa.gov 

3. Mail: Charles Bentley, Mailcode 

3LC50, Office of State Programs, U.S. 

EPA Region III, 1650 Arch Street, 

Philadelphia, PA 19103–2029. 

4. Hand Delivery: At the previously 

listed EPA Region III address. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

You may inspect and copy 

Pennsylvania’s application from 8 a.m. 

to 4:00 p.m., Monday through Friday at 

the following locations: Pennsylvania 

Department of Environmental 

Protection, Environmental Education 

and Information Center, 1st Floor, 

Rachel Carson State Office Building, 400 

Market St., Harrisburg, PA 17105, Phone 

number (717) 772–1828; Pennsylvania 

Department of Environmental 

Protection, Southwest Regional Office, 

400 Waterfront Drive, Pittsburgh, PA 

15222, Phone number: (412) 442–4097; 

and EPA Region III, Library, 2nd Floor, 

1650 Arch Street, Philadelphia, PA 

19103, Phone number: (215) 814–5254. 

Persons with a disability may use the 

AT&T Relay Service to contact 

Pennsylvania Department of 

Environmental Protection by calling 

(800) 654–5984 (TDD users), or (800) 

654–5988 (voice users). 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–RCRA–2009– 

0916. EPA’s policy is that all comments 

received will be included in the public 

file without change and may be made 

available on line at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

Federal http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system 

which means that 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 


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