Approval and Promulgation of Air Quality Implementation Plans; Ohio; Transportation Conformity, 11133-11136 [2015-04146]
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations
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. 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: February 11, 2015.
V. Anne Heard,
Acting Regional Administrator, Region 4.
11133
Authority: 42 U.S.C. 7401 et seq.
Subpart Z—Mississippi
2. Section 52.1270(e) is amended by
adding a new entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2008
8-Hour Ozone National Ambient Air
Quality Standards’’ at the end of the
table to read as follows:
■
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1270
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
Name of non-regulatory
SIP provision
*
110(a)(1) and (2) Infrastructure Requirements
for the 2008 8-Hour
Ozone National Ambient Air Quality Standards.
*
Mississippi ........
State submittal
date/effective
date
Explanation
*
3/2/2015 [Insert citation
of publication].
*
*
*
With the exception of sections:
110(a)(2)(C) and (J) concerning PSD permitting requirements;
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4)
concerning interstate transport requirements;
110(a)(2)(E)(ii) concerning state board majority
requirements respecting significant portion of
income; and
110(a)(2)(J) concerning visibility requirements.
3. Section 52.1272 is amended by
adding paragraph (b) to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 52.1272
40 CFR Part 52
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2014–0662, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2014–
0662. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
■
Approval status.
7/26/2012
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(b) Disapproval. Submittal from the
State of Mississippi, through the
Mississippi Department of
Environmental Quality (MDEQ) on May
29, 2012, and July 26, 2012, to address
the Clean Air Act (CAA) section
110(a)(2)(E)(ii) for the 2008 8-hour
Ozone National Ambient Air Quality
Standards concerning state board
majority requirements respecting
significant portion of income. EPA is
disapproving MDEQ’s submittal with
respect to section 128(a)(1) because a
majority of board members may still
derive a significant portion of income
from persons subject to permits or
enforcement orders issued by the
Mississippi Boards, therefore, its current
SIP does not meet the section 128(a)(1)
majority requirements respecting
significant portion of income for the
2008 8-hour Ozone National Ambient
Air Quality Standards.
*
EPA approval date
[FR Doc. 2015–04140 Filed 2–27–15; 8:45 am]
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[EPA–R05–OAR–2014–0662; FRL–9923–45–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Transportation Conformity
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving, under the
Clean Air Act, a revision to Ohio’s
transportation conformity state
implementation plan (SIP) that meets
EPA and United States Department of
Transportation (DOT) requirements.
This revision brings Ohio’s
transportation conformity SIP into
compliance with the requirements of the
Safe, Accountable, Flexible, Efficient
Transportation Act: A Legacy for Users
(SAFETEA–LU).
DATES: This direct final rule will be
effective May 1, 2015, unless EPA
receives adverse comments by April 1,
2015. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
SUMMARY:
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations
made available online at
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 www.regulations.gov
or email. The 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 email
comment directly to EPA without going
through www.regulations.gov your email
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 docket
are listed in the www.regulations.gov
index. 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, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Anthony
Maietta, Environmental Protection
Specialist, at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
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EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
II. What is EPA’s analysis of the state’s
submittal?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.
I. What is the background for this
action?
A transportation conformity SIP can
be adopted as a state rule, a
memorandum of understanding, or a
memorandum of agreement. The
appropriate form of the state
transportation conformity procedures
depends upon the requirements of local
or state law, as long as the selected form
complies with all Clean Air Act
requirements for adoption, submission
to EPA, and implementation of SIPs.
EPA will accept state transportation
conformity SIPs in any form provided
the state can demonstrate to EPA’s
satisfaction that, as a matter of state law,
the state has adequate authority to
compel compliance with the
requirements of the conformity SIP.
The Ohio Environmental Protection
Agency (Ohio EPA) collaborated with
the Akron Metropolitan Area
Transportation Study, the Clark CountySpringfield Transportation Coordinating
Committee, the Eastgate Regional
Council of Governments, EPA, the Erie
Regional Planning Commission, the
Federal Highway Administration
(FHWA), the Federal Transit
Administration (FTA), the Indiana
Department of Environmental
Management, the Indiana Department of
Transportation, the Kentucky-OhioWest Virginia Interstate Planning
Commission, the Ohio-KentuckyIndiana Regional Council of
Governments, the Ohio Department of
Transportation, the Licking County Area
Transportation Study, the Lima-Allen
County Regional Planning Commission,
the Miami Valley Regional Planning
Commission, the Mid-Ohio Regional
Planning Commission, the Northeast
Ohio Areawide Coordinating Agency,
the Toledo Metropolitan Area Council
of Governments, the West Virginia
Department of Environmental
Protection, and the West Virginia
Department of Transportation (the
agencies listed in this paragraph are
referenced as ‘‘Federal, state, and local
agencies’’ throughout this document) to
develop a transportation conformity SIP
revision that meets EPA and DOT
transportation conformity requirements
resulting from passage of SAFETEA–LU.
On August 20, 2014, the Ohio EPA
submitted a request to EPA to revise the
Ohio transportation conformity SIP to
include procedures, roles, and
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responsibilities for involved Federal,
state agencies, and local agencies that
must conduct transportation conformity
planning and consultation.
II. What is EPA’s analysis of the state’s
submittal?
A. Background
For EPA approval, the submittal must
address and give full legal effect to
requirements laid out in three sections
of title 40, part 93, subpart A of the
Code of Federal Regulations: § 93.105,
§ 93.122(a)(4)(ii), and § 93.125(c).
40 CFR 93.105: Consultation
Section 93.105 describes SIP
requirements for interagency
consultation (between Federal, state,
and local agencies), conflict resolution,
and public consultation. A
transportation conformity SIP must
include well defined interagency
consultation procedures that define the
roles and responsibilities for each
participating agency. These consultation
procedures must include provisions for
circulating materials for comment before
formal adoption, processes for
convening consultation meetings, and
processes for responding to significant
comments of involved agencies. In
addition, procedures for involved
Federal, state, and local agencies must
be included that address:
• Evaluation and selection of an
emissions model and associated
methods and assumptions to be used in
hot-spot and regional emissions
analyses, including determining which
minor arterials and other transportation
projects should be considered regionally
significant for purposes of regional
emissions analyses.
• Evaluation and selection of an
emissions model, associated methods
and assumptions, and projects to be
included in determining conformity in
isolated rural nonattainment and
maintenance areas.
• Evaluation of events that will
trigger new conformity determinations.
• Consultation on emissions analyses
for transportation activities that cross
metropolitan planning organization
(MPO), nonattainment area, or air basin
borders.
• Determination of conformity of
projects that might lie outside of a
metropolitan planning area, but within
a nonattainment area, if such a situation
exists.
• Disclosure of any regionally
significant projects which are not
FHWA or FTA projects to the MPO on
a regular basis.
• Interagency consultation on data
collection efforts and regional
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transportation model development by
the MPO.
• Provision of final documentation
and supporting information to each
agency after approval or adoption.
• Resolution of conflicts among state
agencies or between state agencies and
an MPO.
• Public consultation for affected
agencies that make conformity
determinations on transportation plans,
programs, and projects consistent with
the public consultation requirements
listed in 23 CFR 450.316(a).
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The Regulations at 40 CFR
93.122(a)(4)(ii) and 40 CFR 93.125(c):
Written Commitments for Control and
Mitigation Measures
The regulation at 40 CFR
93.122(a)(4)(ii) provides that a
transportation conformity SIP must
contain provisions to ensure that any
emission reduction credits from control
measures that are not included in the
SIP and that do not require a regulatory
action in order to be implemented will
not be included in a project level
conformity determination unless the
National Environmental Policy Act
document includes written
commitments from the appropriate
entities to implement those control
measures. These written commitments
must be obtained by the initiating party
prior to a conformity determination and
the written commitments must be
addressed by the initiating party.
The regulation at 40 CFR 93.125(c)
provides that a transportation
conformity SIP must contain provisions
that ensure project-level mitigation
measures will be identified with written
commitments if those mitigation
measures are part of the conditions for
making the project level conformity
determination. The commitments must
be included in the project design and
scope used in the regional emissions
analysis or project-level hot-spot
analysis.
The transportation conformity SIP
revision submitted by the Ohio EPA on
August 20, 2014, meets the
requirements of 40 CFR 93.105,
93.122(a)(4)(ii), and 93.125(c) and
therefore is approvable into the Ohio
SIP.
III. What action is EPA taking?
EPA is approving a revision to Ohio’s
transportation conformity SIP submitted
by Ohio EPA on August 20, 2014. We
are publishing this action without prior
proposal because we view this as a
noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
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are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective May 1, 2015 without further
notice unless we receive relevant
adverse written comments by April 1,
2015. If we receive such comments, we
will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should 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. If we do not receive any
comments, this action will be effective
May 1, 2015.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
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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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175.
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).
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 May 1, 2015.
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
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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 may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.1880 is amended by
adding paragraph (u) to read as follows:
■
Control strategy; Particulate
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(u) Approval—On August 20, 2014,
the State of Ohio submitted a revision
to their Particulate Matter State
Implementation Plan. The submittal
established transportation conformity
‘‘Conformity’’ criteria and procedures
related to interagency consultation, and
enforceability of certain transportation
related control and mitigation measures.
■ 3. Section 52.1885 is amended by
adding paragraph (ll) to read as follows:
Control strategy; Ozone.
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*
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(ll) Approval—On August 20, 2014,
the State of Ohio submitted a revision
to their Ozone State Implementation
Plan. The submittal established
transportation conformity ‘‘Conformity’’
criteria and procedures related to
interagency consultation, and
enforceability of certain transportation
related control and mitigation measures.
[FR Doc. 2015–04146 Filed 2–27–15; 8:45 am]
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Approval and Promulgation of
Implementation Plans; South Carolina;
Infrastructure Requirements for the
2008 8-Hour Ozone National Ambient
Air Quality Standards
The Environmental Protection
Agency (EPA) is taking final action to
approve the July 17, 2012, State
Implementation Plan (SIP) submission,
provided by the South Carolina
Department of Health and
Environmental Control (SC DHEC) for
inclusion into the South Carolina SIP.
This final rulemaking pertains to the
Clean Air Act (CAA or the Act)
infrastructure requirements for the 2008
8-hour ozone national ambient air
quality standards (NAAQS). The CAA
requires that each state adopt and
submit a SIP for the implementation,
maintenance and enforcement of each
NAAQS promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. SC DHEC certified
that the South Carolina SIP contains
provisions that ensure the 2008 8-hour
ozone NAAQS is implemented,
enforced, and maintained in South
Carolina (hereafter referred to as an
‘‘infrastructure SIP submission’’). With
the exception of provisions pertaining to
prevention of significant deterioration
(PSD) permitting, interstate transport,
and visibility protection requirements,
EPA is taking final action to approve
South Carolina’s infrastructure SIP
submission, provided to EPA on July 17,
2012, because it addresses the
infrastructure elements for the 2008 8hour ozone NAAQS.
DATES: This rule will be effective April
1, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0694. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information 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
SUMMARY:
40 CFR part 52 is amended as follows:
*
[EPA–R04–OAR–2012–0694; FRL–9923–56–
Region 4]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
Dated: February 12, 2015.
Susan Hedman,
Regional Administrator, Region 5.
§ 52.1885
40 CFR Part 52
AGENCY:
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
§ 52.1880
matter.
ENVIRONMENTAL PROTECTION
AGENCY
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available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
(formerly the Regulatory Development
Section), Air Planning and
Implementation Branch, (formerly the
Air Planning Branch), Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m. excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Nacosta C. Ward, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9140.
Ms. Ward can be reached via electronic
mail at ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS.
Section 110(a) of the CAA generally
requires states to make a SIP submission
to meet applicable requirements in
order to provide for the implementation,
maintenance, and enforcement of a new
or revised NAAQS within three years
following the promulgation of such
NAAQS, or within such shorter period
as EPA may prescribe. These SIP
submissions are commonly referred to
as ‘‘infrastructure’’ SIP submissions.
Section 110(a) imposes the obligation
upon states to make an infrastructure
SIP submission to EPA for a new or
revised NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. In
particular, the data and analytical tools
available at the time the state develops
and submits the infrastructure SIP for a
new or revised NAAQS affect the
content of the submission. The contents
of such infrastructure SIP submissions
may also vary depending upon what
provisions the state’s existing SIP
already contains. In the case of the 2008
8-hour ozone NAAQS, states typically
have met the basic program elements
required in section 110(a)(2) through
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[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11133-11136]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04146]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2014-0662; FRL-9923-45-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Transportation Conformity
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act, a revision to Ohio's transportation conformity state
implementation plan (SIP) that meets EPA and United States Department
of Transportation (DOT) requirements. This revision brings Ohio's
transportation conformity SIP into compliance with the requirements of
the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy
for Users (SAFETEA-LU).
DATES: This direct final rule will be effective May 1, 2015, unless EPA
receives adverse comments by April 1, 2015. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2014-0662, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2014-0662. EPA's policy is that all comments received will be included
in the public docket without change and may be
[[Page 11134]]
made available online at 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
www.regulations.gov or email. The 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 email comment directly to EPA without
going through www.regulations.gov your email 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 docket are listed in the
www.regulations.gov index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Anthony Maietta, Environmental
Protection Specialist, at (312) 353-8777 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
II. What is EPA's analysis of the state's submittal?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.
I. What is the background for this action?
A transportation conformity SIP can be adopted as a state rule, a
memorandum of understanding, or a memorandum of agreement. The
appropriate form of the state transportation conformity procedures
depends upon the requirements of local or state law, as long as the
selected form complies with all Clean Air Act requirements for
adoption, submission to EPA, and implementation of SIPs. EPA will
accept state transportation conformity SIPs in any form provided the
state can demonstrate to EPA's satisfaction that, as a matter of state
law, the state has adequate authority to compel compliance with the
requirements of the conformity SIP.
The Ohio Environmental Protection Agency (Ohio EPA) collaborated
with the Akron Metropolitan Area Transportation Study, the Clark
County-Springfield Transportation Coordinating Committee, the Eastgate
Regional Council of Governments, EPA, the Erie Regional Planning
Commission, the Federal Highway Administration (FHWA), the Federal
Transit Administration (FTA), the Indiana Department of Environmental
Management, the Indiana Department of Transportation, the Kentucky-
Ohio-West Virginia Interstate Planning Commission, the Ohio-Kentucky-
Indiana Regional Council of Governments, the Ohio Department of
Transportation, the Licking County Area Transportation Study, the Lima-
Allen County Regional Planning Commission, the Miami Valley Regional
Planning Commission, the Mid-Ohio Regional Planning Commission, the
Northeast Ohio Areawide Coordinating Agency, the Toledo Metropolitan
Area Council of Governments, the West Virginia Department of
Environmental Protection, and the West Virginia Department of
Transportation (the agencies listed in this paragraph are referenced as
``Federal, state, and local agencies'' throughout this document) to
develop a transportation conformity SIP revision that meets EPA and DOT
transportation conformity requirements resulting from passage of
SAFETEA-LU.
On August 20, 2014, the Ohio EPA submitted a request to EPA to
revise the Ohio transportation conformity SIP to include procedures,
roles, and responsibilities for involved Federal, state agencies, and
local agencies that must conduct transportation conformity planning and
consultation.
II. What is EPA's analysis of the state's submittal?
A. Background
For EPA approval, the submittal must address and give full legal
effect to requirements laid out in three sections of title 40, part 93,
subpart A of the Code of Federal Regulations: Sec. 93.105, Sec.
93.122(a)(4)(ii), and Sec. 93.125(c).
40 CFR 93.105: Consultation
Section 93.105 describes SIP requirements for interagency
consultation (between Federal, state, and local agencies), conflict
resolution, and public consultation. A transportation conformity SIP
must include well defined interagency consultation procedures that
define the roles and responsibilities for each participating agency.
These consultation procedures must include provisions for circulating
materials for comment before formal adoption, processes for convening
consultation meetings, and processes for responding to significant
comments of involved agencies. In addition, procedures for involved
Federal, state, and local agencies must be included that address:
Evaluation and selection of an emissions model and
associated methods and assumptions to be used in hot-spot and regional
emissions analyses, including determining which minor arterials and
other transportation projects should be considered regionally
significant for purposes of regional emissions analyses.
Evaluation and selection of an emissions model, associated
methods and assumptions, and projects to be included in determining
conformity in isolated rural nonattainment and maintenance areas.
Evaluation of events that will trigger new conformity
determinations.
Consultation on emissions analyses for transportation
activities that cross metropolitan planning organization (MPO),
nonattainment area, or air basin borders.
Determination of conformity of projects that might lie
outside of a metropolitan planning area, but within a nonattainment
area, if such a situation exists.
Disclosure of any regionally significant projects which
are not FHWA or FTA projects to the MPO on a regular basis.
Interagency consultation on data collection efforts and
regional
[[Page 11135]]
transportation model development by the MPO.
Provision of final documentation and supporting
information to each agency after approval or adoption.
Resolution of conflicts among state agencies or between
state agencies and an MPO.
Public consultation for affected agencies that make
conformity determinations on transportation plans, programs, and
projects consistent with the public consultation requirements listed in
23 CFR 450.316(a).
The Regulations at 40 CFR 93.122(a)(4)(ii) and 40 CFR 93.125(c):
Written Commitments for Control and Mitigation Measures
The regulation at 40 CFR 93.122(a)(4)(ii) provides that a
transportation conformity SIP must contain provisions to ensure that
any emission reduction credits from control measures that are not
included in the SIP and that do not require a regulatory action in
order to be implemented will not be included in a project level
conformity determination unless the National Environmental Policy Act
document includes written commitments from the appropriate entities to
implement those control measures. These written commitments must be
obtained by the initiating party prior to a conformity determination
and the written commitments must be addressed by the initiating party.
The regulation at 40 CFR 93.125(c) provides that a transportation
conformity SIP must contain provisions that ensure project-level
mitigation measures will be identified with written commitments if
those mitigation measures are part of the conditions for making the
project level conformity determination. The commitments must be
included in the project design and scope used in the regional emissions
analysis or project-level hot-spot analysis.
The transportation conformity SIP revision submitted by the Ohio
EPA on August 20, 2014, meets the requirements of 40 CFR 93.105,
93.122(a)(4)(ii), and 93.125(c) and therefore is approvable into the
Ohio SIP.
III. What action is EPA taking?
EPA is approving a revision to Ohio's transportation conformity SIP
submitted by Ohio EPA on August 20, 2014. We are publishing this action
without prior proposal because we view this as a noncontroversial
amendment and anticipate no adverse comments. However, in the proposed
rules section of this Federal Register publication, we are publishing a
separate document that will serve as the proposal to approve the state
plan if relevant adverse written comments are filed. This rule will be
effective May 1, 2015 without further notice unless we receive relevant
adverse written comments by April 1, 2015. If we receive such comments,
we will withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should 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.
If we do not receive any comments, this action will be effective May 1,
2015.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175.
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).
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 May 1, 2015. 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
[[Page 11136]]
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 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: February 12, 2015.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.1880 is amended by adding paragraph (u) to read as
follows:
Sec. 52.1880 Control strategy; Particulate matter.
* * * * *
(u) Approval--On August 20, 2014, the State of Ohio submitted a
revision to their Particulate Matter State Implementation Plan. The
submittal established transportation conformity ``Conformity'' criteria
and procedures related to interagency consultation, and enforceability
of certain transportation related control and mitigation measures.
0
3. Section 52.1885 is amended by adding paragraph (ll) to read as
follows:
Sec. 52.1885 Control strategy; Ozone.
* * * * *
(ll) Approval--On August 20, 2014, the State of Ohio submitted a
revision to their Ozone State Implementation Plan. The submittal
established transportation conformity ``Conformity'' criteria and
procedures related to interagency consultation, and enforceability of
certain transportation related control and mitigation measures.
[FR Doc. 2015-04146 Filed 2-27-15; 8:45 am]
BILLING CODE 6560-50-P
