Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Transportation Conformity, 12561-12564 [2015-05260]
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Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Rules and Regulations
(1) Implement and administer the
Privacy Act program throughout the
region.
(2) Ensure that the collection,
maintenance, use, or dissemination of
records of identifiable personal
information is in compliance with this
part to assure that such action is for a
necessary and lawful purpose; that the
information is timely and accurate for
its intended use; and that adequate
safeguards are provided to prevent
misuse of such information.
(3) Prepare input for the annual
Privacy Act Report when requested by
the DCAA Information and Privacy
Advisor.
(4) Conduct training on the Privacy
Act program for regional and FAO
personnel.
(5) Provide recommendations to the
Regional Director through the Regional
Resources Manager regarding the
releasability of DCAA records to
members of the public.
(h) Managers, Field Audit Offices
(FAOs) will:
(1) Ensure that the provisions of this
part are followed in processing requests
for records.
(2) Forward to the Regional Privacy
Act Officer, any Privacy Act requests
received directly from a member of the
public, so that the request may be
administratively controlled and
processed.
(3) Ensure the prompt review of all
Privacy Act requests, and when
required, coordinating those requests
with other organizational elements.
(4) Provide recommendation to the
Regional Privacy Act Officer regarding
the releasability of DCAA records to
members of the public, along with the
responsive documents.
(5) Provide the appropriate
documents, along with a written
justification for any denial, in whole or
in part, of a request for records to the
Regional Privacy Act Officer. Those
portions to be excised should be
bracketed in red pencil, and the specific
exemption or exemptions cited which
provide the basis for denying the
requested records.
(i) DCAA Employees will:
(1) Not disclose any personal
information contained in any system of
records, except as authorized by this
part.
(2) Not maintain any official files
which are retrieved by name or other
personal identifier without first
ensuring that a notice for the system has
been published in the Federal Register.
(3) Report any disclosures of personal
information from a system of records or
the maintenance of any system of
records that are not authorized by this
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part to the appropriate Privacy Act
officials for their action.
§ 317.5
Procedures.
Procedures for processing material in
accordance with the Privacy Act of 1974
are outlined in DoD 5400.11–R, DoD
Privacy Program (32 CFR part 310).
§ 317.6
Procedures for exemptions.
(a) General information. There are two
types of exemptions, general and
specific. The general exemption
authorizes the exemption of a system of
records from all but a few requirements
of the Privacy Act. The specific
exemption authorizes exemption of a
system of records or portion thereof,
from only a few specific requirements.
If a new system of records originates for
which an exemption is proposed, or an
additional or new exemption for an
existing system of records is proposed,
the exemption shall be submitted with
the system of records notice. No
exemption of a system of records shall
be considered automatic for all records
in the system. The systems manager
shall review each requested record and
apply the exemptions only when this
will serve significant and legitimate
Government purposes.
(b) Specific exemptions. (1) System
identifier and name: RDCAA 900.1,
DCAA Internal Review Case Files
(i) Exemption: Any portions of this
system of records which fall under the
provisions of 5 U.S.C. 552a(k)(2) and
(k)(5) may be exempt from the following
subsections of 5 U.S.C. 552a: (c)(3), (d),
(e)(1), (e)(4)(G), (H), and (f).
(ii) Authority: 5 U.S.C. 552a(k)(2) and
(k)(5)
(iii) Reason: (A) From subsection
(c)(3) because disclosures from this
system could interfere with the just,
thorough and timely resolution of the
complaint or inquiry, and possibly
enable individuals to conceal their
wrongdoing or mislead the course of the
investigation by concealing, destroying
or fabricating evidence or documents.
(B) From subsection (d) because
disclosures from this system could
interfere with the just, thorough and
timely resolution of the complaint or
inquiry, and possibly enable individuals
to conceal their wrongdoing or mislead
the course of the investigation by
concealing, destroying or fabricating
evidence or documents. Disclosures
could also subject sources and witnesses
to harassment or intimidation which
jeopardize the safety and well-being of
themselves and their families.
(C) From subsection (e)(1) because the
nature of the investigation functions
creates unique problems in prescribing
specific parameters in a particular case
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as to what information is relevant or
necessary. Due to close liaison and
working relationships with other
Federal, state, local, foreign country law
enforcement agencies, and other
governmental agencies, information may
be received which may relate to a case
under the investigative jurisdiction of
another government agency. It is
necessary to maintain this information
in order to provide leads for appropriate
law enforcement purposes and to
establish patterns of activity which may
relate to the jurisdiction of other
cooperating agencies.
(D) From subsection (e)(4)(G) through
(H) because this system of records is
exempt from the access provisions of
subsection (d).
(E) From subsection (f) because the
agency’s rules are inapplicable to those
portions of the system that are exempt
and would place the burden on the
agency of either confirming or denying
the existence of a record pertaining to a
requesting individual might in itself
provide an answer to that individual
relating to an on-going investigation.
The conduct of a successful
investigation leading to the indictment
of a criminal offender precludes the
applicability of established agency rules
relating to verification of record,
disclosure of the record to that
individual, and record amendment
procedures for this record system.
(2) [Reserved]
Dated: March 4, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2015–05374 Filed 3–9–15; 8:45 am]
BILLING CODE 5001–06–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2014–0275; A–1–FRL–
9924–17–Region 1]
Approval and Promulgation of Air
Quality Implementation Plans; Rhode
Island; Transportation Conformity
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Rhode Island
on February 21, 2014. This revision
includes a regulation adopted by Rhode
Island that establishes procedures to
follow for transportation conformity
SUMMARY:
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Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Rules and Regulations
determinations. 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 national ambient air
quality standards. The intended effect of
this action is to approve Rhode Island’s
transportation conformity regulation
into the Rhode Island SIP. This action
is being taken in accordance with the
Clean Air Act.
DATES: This direct final rule will be
effective May 11, 2015, unless EPA
receives adverse comments by April 9,
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 Number EPA–
R01–OAR–2014–0275 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: arnold.anne@epa.gov
3. Fax: (617) 918–0047.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2014–0275,
Anne Arnold, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5
Post Office Square—Suite 100, (Mail
code OEP05–2), Boston, MA 02109–
3912.
5. Hand Delivery or Courier: Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, (Mail code
OEP05–2), Boston, MA 02109–3912.
Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
Instructions: Direct your comments to
Docket ID No EPA–R01–OAR–2014–
0275. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
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 through
www.regulations.gov, or email,
information that you consider to be CBI
or otherwise protected. The
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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
electronic docket are listed in the
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 www.regulations.gov or
in hard copy at U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, 5 Post Office Square—Suite
100, Boston, MA. EPA requests that if at
all possible, you contact the contact
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 legal holidays.
In addition, copies of the state
submittal are also available for public
inspection during normal business
hours, by appointment at the State Air
Agency; Office of Air Resources,
Department of Environmental
Management, 235 Promenade Street,
Providence, RI 02908–5767.
FOR FURTHER INFORMATION CONTACT:
Anne Arnold, Air Quality Unit, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, (Mail code
OEP05–2), Boston, MA 02109–3912,
telephone number (617) 918–1047, fax
number (617) 918–1047, email
arnold.anne@epa.gov.
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SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background
A. What is transportation conformity?
B. What are the transportation conformity
provisions of SAFETEA–LU (Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users)?
II. Rhode Island’s SIP Revision
III. EPA’s Evaluation of Rhode Island’s SIP
Revision
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
A. What is transportation conformity?
Transportation conformity is required
under Section 176(c) of the Clean Air
Act (CAA) 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
national ambient air quality standards
(NAAQS). The transportation
conformity regulation is found in 40
CFR part 93, subpart A and provisions
related to conformity SIPs are found in
40 CFR 51.390.
In the CAA, Congress recognized that
actions taken by Federal agencies could
affect State, Tribal, and local agencies’
ability to attain and maintain the
NAAQS. Congress added section 176(c)
(42 U.S.C. 7506) to the CAA to ensure
Federal agencies’ proposed actions
conform to the applicable SIP, Tribal
Implementation Plan (TIP) or Federal
Implementation Plan (FIP) for attaining
and maintaining the NAAQS. That
section requires Federal entities to find
that the emissions from the Federal
action will conform with the purposes
of the SIP, TIP, or FIP, or not otherwise
interfere with the State’s or Tribe’s
ability to attain and maintain the
NAAQS.
The CAA Amendments of 1990
clarified and strengthened the
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provisions in section 176(c). Because
certain provisions of section 176(c)
apply only to highway and mass transit
funding and approval actions, EPA
published two set of regulations to
implement section 176(c). The
Transportation Conformity Regulations
(40 CFR 51, Subpart T, and 40 CFR 93,
Subpart A), first published on
November 24, 1993 (58 FR 62188),
address Federal actions related to
highway and mass transit funding and
approval actions. The General
Conformity Regulations (40 CFR 51,
Subpart W, and 40 CFR 93, Subpart B),
published on November 30, 1993 (58 FR
63214), cover all other Federal actions.
These two conformity regulations have
been revised numerous times. Today’s
action focuses only on transportation
conformity.
When promulgated in 1993, the
Federal transportation conformity rule
at 40 CFR 51.395 mandated that the
transportation conformity SIP revision
incorporate several provisions 1 of the
rule in verbatim form, except in so far
as needed to give effect to a stated intent
to establish criteria and procedures
more stringent than the requirements
stated in these sections.
B. What are the transportation
conformity provisions of SAFETEA–LU?
On August 10, 2005, SAFETEA–LU
was signed into law streamlining the
requirements for conformity SIPs. Prior
to SAFETEA–LU being signed into law,
states were required to address all of the
Federal conformity rule’s provisions in
their conformity SIPs.
Under SAFETEA–LU, states are
required to address and tailor only three
sections of the conformity rule in their
conformity SIPs. These three sections of
the Federal rule which must meet a
state’s individual circumstances are: 40
CFR 93.105, which addresses
consultation procedures; 40 CFR
93.122(a)(4)(ii), which requires that
written commitments be obtained for
control measures that are not included
in a Metropolitan Planning
Organization’s transportation plan and
transportation improvement program
prior to a conformity determination, and
that such commitments be fulfilled; and,
40 CFR 93.125(c) which requires that
written commitments be obtained for
mitigation measures prior to a project
level conformity determination, and that
project sponsors must comply with such
commitments. In general, states are no
1 Specifically, those sections are: 51.392, 51.394,
51.398, 51.400, 51.404, 51.410, 51.412, 51.414,
51.416, 51.418, 51.420, 51.422, 51.424, 51.426,
51.428, 51.430, 51.432, 51.434, 51.436, 51.438,
51.440, 51.442, 51.444, 51.446, 51,448, 51.450,
51.460, and 51.462.
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longer required to submit conformity
SIP revisions that address the other
sections of the conformity rule. This
provision took effect on August 10,
2005, when SAFETEA–LU was signed
into law.
II. Rhode Island’s SIP Revision
On February 21, 2014, the Rhode
Island Department of Environmental
Management (RI DEM) submitted a SIP
revision to EPA. This SIP revision
includes Rhode Island’s Air Pollution
Control Regulation No. 49,
‘‘Transportation Conformity.’’ The
stated purpose of this regulation is to
fulfill the requirement to establish a SIP
revision that addresses the three
sections of the Federal transportation
conformity rule discussed above.
III. EPA’s Evaluation of Rhode Island’s
SIP Revision
We have reviewed Rhode Island’s SIP
submittal to ensure consistency with the
Clean Air Act, as amended by
SAFETEA–LU, and EPA regulations
governing state procedures for
transportation conformity and
interagency consultation (40 CFR part
93, subpart A and 40 CFR 51.390) and
have concluded that the SIP submittal is
approvable. Specifically, Rhode Island’s
Regulation No. 49, ‘‘Transportation
Conformity,’’ adequately addresses the
three sections of the Federal
transportation conformity rule
discussed above (consultation
procedures, written commitments for
control measures and mitigation
measures, and project sponsors’
compliance with such commitments).
In addition, Rhode Island’s February
21, 2014 SIP revision meets the
requirements set forth in section 110 of
the CAA with respect to adoption and
submission of SIP revisions. The
approval of Rhode Island’s
transportation conformity SIP revision
will strengthen the Rhode Island SIP
and will assist the state in complying
with the Federal NAAQS. Therefore,
EPA is approving Rhode Island’s
transportation conformity SIP revision
to comply with the most recent Federal
transportation conformity requirements.
IV. Final Action
EPA is approving, and incorporating
into the Rhode Island SIP, Rhode
Island’s Air Pollution Control
Regulation No. 49, ‘‘Transportation
Conformity.’’
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
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publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should relevant adverse comments be
filed. This rule will be effective May 11,
2015 without further notice unless the
Agency receives relevant adverse
comments by April 9, 2015.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on May 11, 2015 and no further action
will be taken on the proposed rule.
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
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 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
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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 (65
FR 67249, November 9, 2000).
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 11, 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
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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 4, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
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.
Subpart OO—Rhode Island
2. In § 52.2070 the table in paragraph
(c) is amended by adding a new entry
entitled ‘‘Air Pollution Control
Regulation 49’’ after the entry for ‘‘Air
Pollution Control Regulation 45’’ to read
as follows:
■
§ 52.2070
*
Identification of plan.
*
*
*
*
(c) EPA Approved regulations.
EPA-APPROVED RHODE ISLAND REGULATIONS
State effective
date
State citation
Title/subject
*
*
Air Pollution Control Regulation
49.
*
*
Transportation Conformity ............
*
*
*
*
*
*
*
*
[FR Doc. 2015–05260 Filed 3–9–15; 8:45 am]
10/20/2011
*
EPA approval date
*
*
3/10/2015 [Insert Federal Register citation].
*
DEPARTMENT OF VETERANS
AFFAIRS
BILLING CODE 6560–50–P
48 CFR Part 819
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RIN 2900–AM92
Department of Veterans Affairs
Acquisition Regulation: ServiceDisabled Veteran-Owned and VeteranOwned Small Business Status Protests
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
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*
Explanations
*
*
This document adopts as a
final rule, without change, the interim
final rule published in the Federal
Register on September 30, 2013. This
document implements a portion of the
Veterans Benefits, Health Care, and
Information Technology Act of 2006,
which requires the Department of
Veterans Affairs (VA) to verify
ownership and control of Veteranowned small businesses (VOSBs),
including service-disabled Veteranowned small businesses (SDVOSBs), in
order for these firms to participate in
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 46 (Tuesday, March 10, 2015)]
[Rules and Regulations]
[Pages 12561-12564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05260]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2014-0275; A-1-FRL-9924-17-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Transportation Conformity
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Rhode
Island on February 21, 2014. This revision includes a regulation
adopted by Rhode Island that establishes procedures to follow for
transportation conformity
[[Page 12562]]
determinations. 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 national
ambient air quality standards. The intended effect of this action is to
approve Rhode Island's transportation conformity regulation into the
Rhode Island SIP. This action is being taken in accordance with the
Clean Air Act.
DATES: This direct final rule will be effective May 11, 2015, unless
EPA receives adverse comments by April 9, 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 Number EPA-
R01-OAR-2014-0275 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: arnold.anne@epa.gov
3. Fax: (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2014-0275, Anne
Arnold, U.S. Environmental Protection Agency, EPA New England Regional
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912.
5. Hand Delivery or Courier: Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912. Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays.
Instructions: Direct your comments to Docket ID No EPA-R01-OAR-
2014-0275. EPA's policy is that all comments received will be included
in the public docket without change and may be 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 through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
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 electronic docket are listed in the
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 www.regulations.gov or
in hard copy at U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, 5 Post Office Square--
Suite 100, Boston, MA. EPA requests that if at all possible, you
contact the contact 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 legal holidays.
In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency; Office of Air Resources, Department of Environmental
Management, 235 Promenade Street, Providence, RI 02908-5767.
FOR FURTHER INFORMATION CONTACT: Anne Arnold, Air Quality Unit, U.S.
Environmental Protection Agency, EPA New England Regional Office, 5
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number (617) 918-1047, fax number (617) 918-1047, email
arnold.anne@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background
A. What is transportation conformity?
B. What are the transportation conformity provisions of SAFETEA-
LU (Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users)?
II. Rhode Island's SIP Revision
III. EPA's Evaluation of Rhode Island's SIP Revision
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
A. What is transportation conformity?
Transportation conformity is required under Section 176(c) of the
Clean Air Act (CAA) 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
national ambient air quality standards (NAAQS). The transportation
conformity regulation is found in 40 CFR part 93, subpart A and
provisions related to conformity SIPs are found in 40 CFR 51.390.
In the CAA, Congress recognized that actions taken by Federal
agencies could affect State, Tribal, and local agencies' ability to
attain and maintain the NAAQS. Congress added section 176(c) (42 U.S.C.
7506) to the CAA to ensure Federal agencies' proposed actions conform
to the applicable SIP, Tribal Implementation Plan (TIP) or Federal
Implementation Plan (FIP) for attaining and maintaining the NAAQS. That
section requires Federal entities to find that the emissions from the
Federal action will conform with the purposes of the SIP, TIP, or FIP,
or not otherwise interfere with the State's or Tribe's ability to
attain and maintain the NAAQS.
The CAA Amendments of 1990 clarified and strengthened the
[[Page 12563]]
provisions in section 176(c). Because certain provisions of section
176(c) apply only to highway and mass transit funding and approval
actions, EPA published two set of regulations to implement section
176(c). The Transportation Conformity Regulations (40 CFR 51, Subpart
T, and 40 CFR 93, Subpart A), first published on November 24, 1993 (58
FR 62188), address Federal actions related to highway and mass transit
funding and approval actions. The General Conformity Regulations (40
CFR 51, Subpart W, and 40 CFR 93, Subpart B), published on November 30,
1993 (58 FR 63214), cover all other Federal actions. These two
conformity regulations have been revised numerous times. Today's action
focuses only on transportation conformity.
When promulgated in 1993, the Federal transportation conformity
rule at 40 CFR 51.395 mandated that the transportation conformity SIP
revision incorporate several provisions \1\ of the rule in verbatim
form, except in so far as needed to give effect to a stated intent to
establish criteria and procedures more stringent than the requirements
stated in these sections.
---------------------------------------------------------------------------
\1\ Specifically, those sections are: 51.392, 51.394, 51.398,
51.400, 51.404, 51.410, 51.412, 51.414, 51.416, 51.418, 51.420,
51.422, 51.424, 51.426, 51.428, 51.430, 51.432, 51.434, 51.436,
51.438, 51.440, 51.442, 51.444, 51.446, 51,448, 51.450, 51.460, and
51.462.
---------------------------------------------------------------------------
B. What are the transportation conformity provisions of SAFETEA-LU?
On August 10, 2005, SAFETEA-LU was signed into law streamlining the
requirements for conformity SIPs. Prior to SAFETEA-LU being signed into
law, states were required to address all of the Federal conformity
rule's provisions in their conformity SIPs.
Under SAFETEA-LU, states are required to address and tailor only
three sections of the conformity rule in their conformity SIPs. These
three sections of the Federal rule which must meet a state's individual
circumstances are: 40 CFR 93.105, which addresses consultation
procedures; 40 CFR 93.122(a)(4)(ii), which requires that written
commitments be obtained for control measures that are not included in a
Metropolitan Planning Organization's transportation plan and
transportation improvement program prior to a conformity determination,
and that such commitments be fulfilled; and, 40 CFR 93.125(c) which
requires that written commitments be obtained for mitigation measures
prior to a project level conformity determination, and that project
sponsors must comply with such commitments. In general, states are no
longer required to submit conformity SIP revisions that address the
other sections of the conformity rule. This provision took effect on
August 10, 2005, when SAFETEA-LU was signed into law.
II. Rhode Island's SIP Revision
On February 21, 2014, the Rhode Island Department of Environmental
Management (RI DEM) submitted a SIP revision to EPA. This SIP revision
includes Rhode Island's Air Pollution Control Regulation No. 49,
``Transportation Conformity.'' The stated purpose of this regulation is
to fulfill the requirement to establish a SIP revision that addresses
the three sections of the Federal transportation conformity rule
discussed above.
III. EPA's Evaluation of Rhode Island's SIP Revision
We have reviewed Rhode Island's SIP submittal to ensure consistency
with the Clean Air Act, as amended by SAFETEA-LU, and EPA regulations
governing state procedures for transportation conformity and
interagency consultation (40 CFR part 93, subpart A and 40 CFR 51.390)
and have concluded that the SIP submittal is approvable. Specifically,
Rhode Island's Regulation No. 49, ``Transportation Conformity,''
adequately addresses the three sections of the Federal transportation
conformity rule discussed above (consultation procedures, written
commitments for control measures and mitigation measures, and project
sponsors' compliance with such commitments).
In addition, Rhode Island's February 21, 2014 SIP revision meets
the requirements set forth in section 110 of the CAA with respect to
adoption and submission of SIP revisions. The approval of Rhode
Island's transportation conformity SIP revision will strengthen the
Rhode Island SIP and will assist the state in complying with the
Federal NAAQS. Therefore, EPA is approving Rhode Island's
transportation conformity SIP revision to comply with the most recent
Federal transportation conformity requirements.
IV. Final Action
EPA is approving, and incorporating into the Rhode Island SIP,
Rhode Island's Air Pollution Control Regulation No. 49,
``Transportation Conformity.''
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective May 11,
2015 without further notice unless the Agency receives relevant adverse
comments by April 9, 2015.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on May 11, 2015 and no further action will be
taken on the proposed rule. 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
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 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
[[Page 12564]]
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 (65 FR 67249, November 9, 2000).
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 11, 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 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 4, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
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.
Subpart OO--Rhode Island
0
2. In Sec. 52.2070 the table in paragraph (c) is amended by adding a
new entry entitled ``Air Pollution Control Regulation 49'' after the
entry for ``Air Pollution Control Regulation 45'' to read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) EPA Approved regulations.
EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Air Pollution Control Regulation Transportation 10/20/2011 3/10/2015 [Insert
49. Conformity. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-05260 Filed 3-9-15; 8:45 am]
BILLING CODE 6560-50-P
