Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Transportation Conformity Regulations, 29894-29897 [2010-12929]
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29894
Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations
9.0
Business Reply Mail (BRM)
ACTION:
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SUMMARY: EPA is taking direct final
action to approve revisions to the
District of Columbia State
Implementation Plan (SIP). The
revisions establish general and
transportation conformity regulations
for the District of Columbia. EPA is
approving these revisions in accordance
with the requirements of the Clean Air
Act.
DATES: This rule is effective on July 27,
2010 without further notice, unless EPA
receives adverse written comment by
June 28, 2010. 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–2010–0320 by one of the
following methods:
A. https://www.regulations.gov, Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2010–0320,
Cristina Fernandez, Associate Director,
Office of Air Planning Programs,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted 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–2010–
0320. EPA’s policy is that all comments
received 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 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 https://
www.regulations.gov or e-mail. The
https://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 https://
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
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9.3 Qualified Business Reply Mail
(QBRM) Basic Standards
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9.3.2
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Authorization
[Delete item 9.3.2b in its entirety and
incorporate item 9.3.2a into the
introduction paragraph as follows:]
To participate in QBRM, a mailer
must have a valid BRM permit, must
pay the annual account maintenance
fee, and must submit Form 6805 to the
postmaster or manager, Business Mail
Entry at the Post Office to which the
QBRM pieces are to be returned. The
USPS reviews Form 6805 and
preproduction samples provided by the
mailer for compliance with relevant
standards. If the mailer’s request is
approved, the USPS issues the mailer an
authorization via the approved Form
6805.
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9.5
Permits
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9.5.2
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Application Process
[Delete item 9.5.2b in its entirety and
incorporate item 9.5.2. into the
introduction paragraph as follows:]
The mailer may apply for a BRM
permit by submitting a completed Form
3615 to the Post Office issuing the
permit and paying the annual permit
fee. If a completed Form 3615 is already
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at that office, then the mailer must
submit the annual BRM permit fee and
the USPS amends Form 3615 by adding
the BRM authorization.
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We will publish an appropriate
amendment to 39 CFR Part 111 to reflect
these changes.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010–11869 Filed 5–27–10; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Part 52
[EPA–R03–OAR–2010–0320; FRL–9156–1]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Transportation
Conformity Regulations
AGENCY: Environmental Protection
Agency (EPA).
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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
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure 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 https://
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 District of Columbia
District Department of the Environment,
Air Quality Division, 51 N Street, NE.,
Fifth Floor, Washington, DC 20002.
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.
SUPPLEMENTARY INFORMATION:
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 SIP. Conformity
currently applies to areas that are
designated nonattainment, and those
redesignated to attainment after 1990
(maintenance areas), with 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 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
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Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations
national ambient air quality standards
(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. 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 conformity 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 kind of control
measures); and 40 CFR 93.125(c)
(written commitments to implement
certain kinds of mitigation measures).
States are no longer required to submit
conformity SIP revisions that address
the other sections of the Federal
conformity rule.
III. What did the state submit and how
did we evaluate it?
On January 26, 2010, the District of
Columbia Department of the
Environment submitted a revision to its
SIP for general and transportation
conformity regulations adopted on
January 8, 2010. The portion of the SIP
dealing with general conformity is
strictly a recodification of its previously
approved general conformity regulation
from Chapter 4 of the District of
Columbia Regulations (DCMR) to
Chapter 15 and contains no substantial
changes from its previous approval. The
SIP revision section for transportation
conformity addresses the three
provisions of the EPA Conformity Rule
required under SAFETEA–LU: 40 CFR
93.105 (consultation procedures); 40
CFR 93.122(a)(4)(ii) (control measures),
and 40 CFR 93.125(c) (mitigation
measures).
We reviewed the submittals to assure
consistency with the February 14, 2006
‘‘Interim Guidance for Implementing the
Transportation Conformity provisions in
the SAFETEA–LU.’’ The guidance
document can be found at https://
epa.gov/otaq/stateresources/transconf/
policy.htm. The guidance document
states that each State is only required to
address and tailor the afore-mentioned
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three sections of the Federal Conformity
Rule to be included in their State
conformity SIPs. EPA’s review of the
District of Columbia’s proposed SIP
revision indicates that it is consistent
with EPA’s guidance in that it includes
the three elements specified by
SAFETEA–LU. Consistent with the EPA
Conformity Rule at 40 CFR 93.105
(consultation procedures), Title 20,
DCRM Chapter 15, Sections 1503, 1504,
and 1505 identifies the appropriate
agencies, procedures and allocation of
responsibilities. In addition, Title 20,
DCMR Chapter 15, Section 1506
provides for appropriate, public
consultation/public involvement
consistent with 40 CFR 93.105. With
respect to the requirements of 40 CFR
93.122(a)(4)(ii) and 40 CFR 93.125(c),
the Title 20, DCRM Chapter 15, Section
1509 of the regulation specifies that
written commitments for control
measures and mitigation measures for
meeting these requirements will be
provided as needed.
IV. Final Action
EPA is approving the District of
Columbia SIP revisions for general and
transportation conformity, 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 July
27, 2010 without further notice unless
EPA receives adverse comment by June
28, 2010. 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. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
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
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29895
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
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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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 27, 2010. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this final 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 to
approve the District of Columbia
transportation conformity regulations
may not be challenged later in
proceedings to enforce its requirements.
(See, section 307(b)(2)).
Dated: May 17, 2010.
William C. Early,
Acting Regional Administrator, Region III.
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.
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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 et seq.
Subpart J—District of Columbia
2. In § 52.470, the table in paragraph
(c) is amended by removing the existing
entry for Chapter 4, Section 403 and
adding a new entry for Chapter 15. The
amendments read as follows:
§ 52.470
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Identification of plan.
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EPA–APPROVED DISTRICT OF COLUMBIA REGULATIONS
State citation
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Chapter 15
Section 1500 ...................
Section 1501 ...................
Section 1502 ...................
Section 1503 ...................
Section 1504 ...................
Section 1505 ...................
Section 1506 ...................
Section 1507 ...................
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Section 1508 ...................
Section 1509 ...................
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State effective
date
EPA approval date
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General and Transportation Conformity
General Conformity—
Purpose.
General Conformity—
Requirements.
Transportation Conformity—Purpose.
Transportation Conformity—Consultation
Process.
Transportation Conformity—Interagency
Consultation Requirements.
Transportation Conformity—Conflict Resolution Associated
With Conformity Determinations.
Transportation Conformity—Public Consultation Procedures.
Transportation Conformity—Interagency
Consultation Procedures.
Transportation Conformity—Procedures
for Determining Regional TransportationRelated Emissions.
Transportation Conformity—Enforceability
of Design Concept
and Scope and
Project-Level Mitigation and Control Measures.
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EPA–APPROVED DISTRICT OF COLUMBIA REGULATIONS—Continued
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2010–0131, FRL–9146–4]
Approval and Promulgation of
Implementation Plans; New York State
Implementation Plan Revision
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: The EPA is approving a
proposed revision to the New York State
Implementation Plan (SIP) for ozone
concerning the control of volatile
organic compounds. The proposed SIP
revision consists of amendments to Title
6 of the New York Codes, Rules and
Regulations Part 235, ‘‘Consumer
Products’’ and Part 239, ‘‘Portable Fuel
Container Spillage Control.’’ The
intended effect of this action is to
approve control strategies, required by
the Clean Air Act, which will result in
emission reductions that will help
achieve attainment of the national
ambient air quality standards for ozone.
DATES: Effective Date: This rule will be
effective June 28, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2010–0131. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure 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 through
https://www.regulations.gov or in hard
copy at the Environmental Protection
Agency, Region 2 Office, Air Programs
Branch, 290 Broadway, 25th Floor, New
York, NY 10007–1866. This Docket
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FOR FURTHER INFORMATION CONTACT: Kirk
J. Wieber (wieber.kirk@epa.gov), Air
Programs Branch, Environmental
Protection Agency, 290 Broadway, 25th
Floor, New York, New York 10007–
1866, (212) 637–3381.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the history and time frame for State
Implementation Plan (SIP) submissions?
II. What was included in New York’s
submittals?
III. What comments did EPA receive in
response to its proposal?
IV. What is EPA’s conclusion?
V. Statutory and Executive Order Reviews
I. What is the history and time frame
for State Implementation Plan (SIP)
submissions?
EPA’s Phase 1 8-hour ozone
implementation rule, published on
April 30, 2004 (69 FR 23951), referred
to as the Phase 1 Rule, specifies that
states must submit attainment
demonstrations to EPA by no later than
three years from the effective date of
designation, that is, submit them by
June 15, 2007.
On November 9, 2005, EPA published
Phase 2 of the 8-hour ozone
implementation rule (70 FR 71612),
referred to as the Phase 2 Rule, which
addressed the control obligations that
apply to areas designated nonattainment
for the 8-hour national ambient air
quality standard. Among other things,
the Phase 1 and Phase 2 Rules outline
the SIP requirements and deadlines for
various requirements in areas
designated as moderate nonattainment.
For such areas, reasonably available
control technology (RACT) plans were
due by September 2006 (40 CFR
51.912(a)(2)). The rules further require
that modeling and attainment
demonstrations, reasonable further
progress plans, reasonably available
control measure (RACM) analysis,
projection year emission inventories,
motor vehicle emissions budgets and
contingency measures were all due by
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begins].
Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The Docket telephone
number is 212–637–4249.
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June 15, 2007 (40 CFR 51.908(a), and
(c)).
II. What was included in New York’s
submittals?
On October 21, 2009 and November
23, 2009, the New York State
Department of Environmental
Conservation (NYSDEC), submitted to
EPA proposed revisions to the SIP
which included State adopted revisions
to two regulations which consist of,
respectively, Title 6 of the New York
Code of Rules and Regulations (6
NYCRR) Part 235, ‘‘Consumer Products’’
with a State effective date of October 15,
2009 and 6 NYCRR Part 239, ‘‘Portable
Fuel Container Spillage Control’’ with a
State effective date of July 30, 2009.
These revisions will provide volatile
organic compound (VOC) emission
reductions to address, in part,
attainment of the 1997 8-hour ozone
standard in the New York portion of the
New York-Northern New Jersey-Long
Island, NY–NJ–CT nonattainment area
which is composed of the five boroughs
of New York City and the surrounding
counties of Nassau, Suffolk, Westchester
and Rockland. These revisions will also
address, in part, the RACT and RACM
requirements by providing VOC
emission reductions statewide.
III. What comments did EPA receive in
response to its proposal?
On March 2, 2010 (75 FR 9373), EPA
proposed to approve the proposed
revisions to the New York SIP for ozone
concerning the amendments to 6
NYCRR Parts 235 and 239. The reader
is referred to that proposal for a more
detailed discussion of this action. No
comments were received in response to
that proposal.
IV. What is EPA’s conclusion?
EPA has evaluated New York’s
submittal for consistency with the Clean
Air Act, EPA regulations, and EPA
policy. EPA has determined that the
revisions made to Part 235 and Part 239
of Title 6 of the New York Codes, Rules
and Regulations, entitled, ‘‘Consumer
Products’’ and ‘‘Portable Fuel Container
Spillage Control,’’ respectively, meet the
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Agencies
[Federal Register Volume 75, Number 103 (Friday, May 28, 2010)]
[Rules and Regulations]
[Pages 29894-29897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12929]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0320; FRL-9156-1]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Transportation Conformity Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
District of Columbia State Implementation Plan (SIP). The revisions
establish general and transportation conformity regulations for the
District of Columbia. EPA is approving these revisions in accordance
with the requirements of the Clean Air Act.
DATES: This rule is effective on July 27, 2010 without further notice,
unless EPA receives adverse written comment by June 28, 2010. 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-2010-0320 by one of the following methods:
A. https://www.regulations.gov, Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2010-0320, Cristina Fernandez, Associate
Director, Office of Air Planning Programs, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-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-
2010-0320. EPA's policy is that all comments received 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 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 https://www.regulations.gov or e-mail. The https://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 https://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
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure 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 https://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 District of Columbia District
Department of the Environment, Air Quality Division, 51 N Street, NE.,
Fifth Floor, Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335, or by
e-mail at kotsch.martin@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
SUPPLEMENTARY INFORMATION:
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 SIP. Conformity currently applies to areas that are
designated nonattainment, and those redesignated to attainment after
1990 (maintenance areas), with 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 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
[[Page 29895]]
national ambient air quality standards (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. 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
conformity 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 kind
of control measures); and 40 CFR 93.125(c) (written commitments to
implement certain kinds of mitigation measures). States are no longer
required to submit conformity SIP revisions that address the other
sections of the Federal conformity rule.
III. What did the state submit and how did we evaluate it?
On January 26, 2010, the District of Columbia Department of the
Environment submitted a revision to its SIP for general and
transportation conformity regulations adopted on January 8, 2010. The
portion of the SIP dealing with general conformity is strictly a
recodification of its previously approved general conformity regulation
from Chapter 4 of the District of Columbia Regulations (DCMR) to
Chapter 15 and contains no substantial changes from its previous
approval. The SIP revision section for transportation conformity
addresses the three provisions of the EPA Conformity Rule required
under SAFETEA-LU: 40 CFR 93.105 (consultation procedures); 40 CFR
93.122(a)(4)(ii) (control measures), and 40 CFR 93.125(c) (mitigation
measures).
We reviewed the submittals to assure consistency with the February
14, 2006 ``Interim Guidance for Implementing the Transportation
Conformity provisions in the SAFETEA-LU.'' The guidance document can be
found at https://epa.gov/otaq/stateresources/transconf/policy.htm. The
guidance document states that each State is only required to address
and tailor the afore-mentioned three sections of the Federal Conformity
Rule to be included in their State conformity SIPs. EPA's review of the
District of Columbia's proposed SIP revision indicates that it is
consistent with EPA's guidance in that it includes the three elements
specified by SAFETEA-LU. Consistent with the EPA Conformity Rule at 40
CFR 93.105 (consultation procedures), Title 20, DCRM Chapter 15,
Sections 1503, 1504, and 1505 identifies the appropriate agencies,
procedures and allocation of responsibilities. In addition, Title 20,
DCMR Chapter 15, Section 1506 provides for appropriate, public
consultation/public involvement consistent with 40 CFR 93.105. With
respect to the requirements of 40 CFR 93.122(a)(4)(ii) and 40 CFR
93.125(c), the Title 20, DCRM Chapter 15, Section 1509 of the
regulation specifies that written commitments for control measures and
mitigation measures for meeting these requirements will be provided as
needed.
IV. Final Action
EPA is approving the District of Columbia SIP revisions for general
and transportation conformity, 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 July 27, 2010 without further
notice unless EPA receives adverse comment by June 28, 2010. 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. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
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
[[Page 29896]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 27, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this final 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 to approve the District of Columbia transportation
conformity regulations 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: May 17, 2010.
William C. Early,
Acting Regional Administrator, Region III.
0
40 CFR part 52 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 J--District of Columbia
0
2. In Sec. 52.470, the table in paragraph (c) is amended by removing
the existing entry for Chapter 4, Section 403 and adding a new entry
for Chapter 15. The amendments read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(c) * * *
EPA-Approved District of Columbia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Additional
date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 15 General and Transportation Conformity
----------------------------------------------------------------------------------------------------------------
Section 1500..................... General Conformity-- 1/8/10 5/28/10 [Insert page New Regulation.
Purpose. number where the
document begins].
Section 1501..................... General Conformity-- 1/8/10 5/28/10 [Insert page New Regulation.
Requirements. number where the
document begins].
Section 1502..................... Transportation 1/8/10 5/28/10 [Insert page New Regulation.
Conformity--Purpos number where the
e. document begins].
Section 1503..................... Transportation 1/8/10 5/28/10 [Insert page New Regulation.
Conformity--Consul number where the
tation Process. document begins].
Section 1504..................... Transportation 1/8/10 5/28/10 [Insert page New Regulation.
Conformity--Intera number where the
gency Consultation document begins].
Requirements.
Section 1505..................... Transportation 1/8/10 5/28/10 [Insert page New Regulation.
Conformity--Confli number where the
ct Resolution document begins].
Associated With
Conformity
Determinations.
Section 1506..................... Transportation 1/8/10 5/28/10 [Insert page New Regulation.
Conformity--Public number where the
Consultation document begins].
Procedures.
Section 1507..................... Transportation 1/8/10 5/28/10 [Insert page New Regulation.
Conformity--Intera number where the
gency Consultation document begins].
Procedures.
Section 1508..................... Transportation 1/8/10 5/28/10 [Insert page New Regulation.
Conformity--Proced number where the
ures for document begins].
Determining
Regional
Transportation-
Related Emissions.
Section 1509..................... Transportation 1/8/10 5/28/10 [Insert page New Regulation.
Conformity--Enforc number where the
eability of Design document begins].
Concept and Scope
and Project-Level
Mitigation and
Control Measures.
[[Page 29897]]
Section 1599..................... Definitions........ 1/8/10 5/28/10 [Insert page New Regulation.
number where the
document begins].
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2010-12929 Filed 5-27-10; 8:45 am]
BILLING CODE 6560-50-P