Approval and Promulgation of State Implementation Plans; Alaska; Transportation Conformity State Implementation Plan, 53735-53739 [2015-21938]

Download as PDF Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Rules and Regulations of this section apply to leg-outs that occur on or after September 6, 2012. * * * * * § 1.988–5 [Amended] Par. 3. For each section listed in the table, remove the language in the ■ ‘‘Remove’’ column and add in its place the language in the ‘‘Add’’ column as set forth below: Section Remove § 1.988–5(a)(9)(iv), Example 4, paragraph (i), second, third and fourth sentences. § 1.988–5(a)(9)(iv), Example 4, paragraph (i), table ............................... § 1.988–5(a)(9)(iv), Example 4, paragraph (i), table ............................... § 1.988–5(a)(9)(iv), Example 4, paragraph (i), table ............................... § 1.988–5(a)(9)(iv), Example 4, paragraph (iii)(B) .................................. § 1.988–5(a)(9)(iv), Example 4, paragraph (iii)(B) .................................. § 1.988–5(a)(9)(iv), Example 4, paragraph (iii)(B) .................................. § 1.988–5(a)(9)(iv), Example 4, paragraph (iii)(D), second sentence ..... § 1.988–5(a)(9)(iv), Example 4, paragraph (iv), first, second, fourth, fifth, and sixth sentences. § 1.988–5(a)(9)(iv), Example 4, paragraph (iv), first, fourth, and fifth sentences. § 1.988–5(a)(9)(iv), Example 4, paragraph (iv), third sentence .............. § 1.988–5(a)(9)(iv), Example 4, paragraph (iv), sixth and seventh sentences. § 1.988–5(a)(9)(iv), Example 5, paragraph (i), second, fourth, and fifth sentences. § 1.988–5(a)(9)(iv), Example 5, paragraph (i), table ............................... § 1.988–5(a)(9)(iv), Example 5, paragraph (i), table ............................... § 1.988–5(a)(9)(iv), Example 5, paragraph (i), table ............................... § 1.988–5(a)(9)(iv), Example 5, paragraph (ii), second and third sentences. § 1.988–5(a)(9)(iv), Example 5, paragraph (ii), second sentence .......... § 1.988–5(a)(9)(iv), Example 5, paragraph (ii), third sentence ............... § 1.988–5(a)(9)(iv), Example 5, paragraph (ii), third sentence ............... § 1.988–5(a)(9)(iv), Example 5, paragraph (ii), third sentence ............... § 1.988–5(a)(9)(iv), Example 5, paragraph (ii), third sentence ............... § 1.988–5(a)(9)(iv), Example 5, paragraph (iii), second sentence .......... § 1.988–5(a)(9)(iv), Example 5, paragraph (iii), second sentence .......... § 1.988–5(a)(9)(iv), Example 5, paragraph (iii)(B) .................................. § 1.988–5(a)(9)(iv), Example 5, paragraph (iii)(B) .................................. § 1.988–5(a)(9)(iv), Example 5, paragraph (iii)(B) .................................. § 1.988–5(a)(9)(iv), Example 5, paragraph (iii)(C), first sentence .......... § 1.988–5(a)(9)(iv), Example 5, paragraph (iii)(C), first sentence .......... § 1.988–5(a)(9)(iv), Example 5, paragraph (iii)(C), first sentence .......... § 1.988–5(a)(9)(iv), Example 5, paragraph (iii)(D), second sentence ..... § 1.988–5(a)(9)(iv), Example 5, paragraph (iv), first, second, third, and sixth sentences. § 1.988–5(a)(9)(iv), Example 5, paragraph (iv), fourth sentence ............ January 1, 1990 ............................. January 1, 2013. December 31, 1990 ....................... December 31, 1991 ....................... December 31, 1992 ....................... 1990 ............................................... 1991 ............................................... 1992 ............................................... 1992 ............................................... January 1, 1991 ............................. December 31, 2013. December 31, 2014. December 31, 2015. 2013. 2014. 2015. 2015. January 1, 2014. January 1, 1990 ............................. January 1, 2013. 1990 ............................................... December 31, 1992 ....................... 2013. December 31, 2015. January 1, 1990 ............................. January 1, 2013. December 31, 1990 ....................... December 31, 1991 ....................... December 31, 1992 ....................... January 1, 1991 ............................. December 31, 2013. December 31, 2014. December 31, 2015. January 1, 2014. January 1, 1990 ............................. December 31, 1991 ....................... December 31, 1992 ....................... 1991 ............................................... 1992 ............................................... January 1, 1990 ............................. January 1, 1991 ............................. 1990 ............................................... 1991 ............................................... 1992 ............................................... 1990 ............................................... 1991 ............................................... 1992 ............................................... 1990 ............................................... January 1, 1991 ............................. January 1, 2013. December 31, 2014. December 31, 2015. 2014. 2015. January 1, 2013. January 1, 2014. 2013. 2014. 2015. 2013. 2014. 2015. 2013. January 1, 2014. 1990 ............................................... 2013. § 1.988–5T ■ [Removed] Par. 4. Section 1.988–5T is removed. John Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: August 25, 2015. Mark J. Mazur, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. 2015–22554 Filed 9–3–15; 4:15 pm] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2015–0447; FRL–9933–43– Region 10] Approval and Promulgation of State Implementation Plans; Alaska; Transportation Conformity State Implementation Plan Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: BILLING CODE 4830–01–P The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Alaska (the State). The submission addresses transportation conformity and general conformity requirements. The EPA is approving the submission in accordance SUMMARY: rmajette on DSK7SPTVN1PROD with RULES 53735 VerDate Sep<11>2014 15:42 Sep 04, 2015 Jkt 235001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 Add with the requirements of the Clean Air Act (the Act). DATES: This rule is effective on November 9, 2015, without further notice, unless the EPA receives adverse comment by October 8, 2015. If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– OAR–2015–0447, by any of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: pepple.karl@epa.gov • Mail: Karl Pepple, EPA Region 10, Office of Air, Waste and Toxics, AWT– 150, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101 • Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, Suite 900, E:\FR\FM\08SER1.SGM 08SER1 rmajette on DSK7SPTVN1PROD with RULES 53736 Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Rules and Regulations Seattle, WA 98101. Attention: Karl Pepple, Office of Air, Waste and Toxics, AWT–150. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R10–OAR–2015– 0447. The 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 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 the 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 the 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, the 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 the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the 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, is not placed on the Internet and will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle WA 98101. Karl Pepple at telephone number: (206) 553– 1778, email address: pepple.karl@ FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 15:42 Sep 04, 2015 Jkt 235001 I. Background II. What is the EPA’s analysis of the state’s submittal? III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews SIPs. On April 5, 2010 (75 FR 17254), the EPA updated the general conformity SIP regulations to be consistent with the transportation act by eliminating the Federal regulatory requirement for states to adopt and submit general conformity SIPs. See 40 CFR 51.851. On May 7, 2015, with a supplementary letter received July 29, 2015, the Alaska Department of Environmental Conservation (ADEC) submitted a request to update the transportation conformity regulations and to remove the general conformity regulations from the Alaska SIP. I. Background On September 27, 1995, the EPA approved the general conformity rules in Article 7 of the Alaska Administrative Code (AAC) Title 18, Chapter 50 into the Alaska SIP (60 FR 49765). General conformity is a requirement of section 176(c) of the CAA to ensure that no federally supported actions outside of highway and transit projects interfere with the purpose of the approved SIP, i.e. the SIP’s protection of the national ambient air quality standards (NAAQS). General conformity requirements currently apply to the following criteria pollutants: Ozone, particulate matter, carbon monoxide, and nitrogen dioxide. The general conformity regulation is found in 40 CFR part 93, subpart B and in 40 CFR 51.851. On December 29, 1999, the EPA approved the transportation conformity rules in Article 7 of the Alaska Administrative Code (AAC) Title 18, Chapter 50 into the Alaska SIP (64 FR 72940). Transportation conformity is required under section 176(c) of the Act to ensure that federally supported highway, transit projects, and other activities are consistent with (‘‘conform to’’) the purpose of the SIP. Transportation conformity currently applies to areas that are designated nonattainment, and to areas that have been redesignated to attainment after 1990 (maintenance areas) with plans developed under section 175A of the Act, for the following transportation related criteria pollutants: Ozone, particulate matter (PM2.5 and PM10), carbon monoxide, and nitrogen dioxide. The transportation conformity regulation is found in 40 CFR part 93, subpart A, and in 40 CFR 51.390. On August 10, 2005, the ‘‘Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users’’ (SAFETEA–LU) transportation act was signed into law, and among other things, it amended the CAA to eliminate the requirement for states to adopt and submit general conformity II. What is the EPA’s analysis of the state’s submittal? We reviewed the State of Alaska’s (the State) transportation conformity and general conformity SIP submittal to ensure consistency with the current CAA, as amended by the transportation act, and EPA regulations governing state procedures for both transportation and general conformity. Alaska’s submittal revises transportation conformity criteria and procedures related to interagency consultation, and enforceability of certain transportation related control and mitigation measures. Alaska’s SIP revision updates the State’s transportation conformity provisions, Article 7 of the Alaska Administrative Code (AAC) Title 18, Chapter 50 (18 AAC 50), to be consistent with the Act as amended by SAFETEA–LU and EPA regulations (40 CFR part 93 and 40 CFR 51.390). The EPA has reviewed the submittal to assure consistency with the Act as amended by SAFETEA–LU and EPA regulations (40 CFR part 93 and 40 CFR 51.390) governing state procedures for transportation conformity and interagency consultation and has concluded that the submittal is approvable. Details of our review are set forth in a technical support document (TSD), which has been included in the docket for this action. Specifically, in the TSD, the EPA identifies how the submitted procedures, as clarified by the State’s July 29, 2015, supplement, satisfy the requirements under 40 CFR 93.105 for interagency consultation with respect to the development of transportation plans and programs, SIPs, and conformity determinations, the resolution of conflicts, and the provision of adequate public consultation, and our requirements under 40 CFR 93.122(a)(4)(ii) and 93.125(c) for enforceability of control measures and mitigation measures. Alaska’s SIP revision also addresses general conformity requirements. The revision removes the general conformity regulations from the Alaska SIP. These epa.gov, or the above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is intended to refer to the EPA. Information is organized as follows: Table of Contents PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\08SER1.SGM 08SER1 Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Rules and Regulations rmajette on DSK7SPTVN1PROD with RULES regulations are no longer necessary since the establishment of the SAFETEA–LU removed the requirement for states to maintain general conformity regulations. Specifically, 40 CFR 51.851(a) was changed to indicate that states ‘‘may,’’ not ‘‘must’’ submit to the EPA a general conformity SIP because, as 40 CFR 51.851(b) indicates, Federal agencies shall use the provisions of 40 CFR part 93, subpart B in addition to any existing applicable state or tribal requirements to review the conformity of Federal actions in nonattainment or maintenance areas. Alaska’s removal of general conformity rules from its SIP meets the requirements set forth in section 110(l) of the CAA with respect to adoption and submission of SIP revisions. 40 CFR part 93, subpart B continues to subject certain Federal actions to general conformity requirements without the need for identical state rules and SIPs. Therefore, repealing the state rule will not impact continuity of the general conformity program in Alaska, and consequently meets the requirements of section 110(l). Alaska’s request to remove the general conformity regulations from the Alaska SIP is approvable. III. Final Action The EPA is approving and incorporating by reference into the Alaska SIP the revisions to 18 AAC 50 Article 7, Transportation Conformity, and supporting definitions in 18 AAC 50 Article 9, General Provisions, submitted by the State of Alaska on May 7, 2015, and supplemented on July 29, 2015. The revisions are State effective April 17, 2015. We note that we are not approving the revision to 18 AAC 50.735 because the State determined it was submitted in error, and requested in the July 29, 2015 supplement that the EPA not approve the revision. The State intends to rescind the rule section in the near future. We also note that the May 7, 2015 submittal included a number of rule revisions to 18 AAC 50 Articles 1 and 2, which are not related to transportation and general conformity. We intend to address those rule revisions in a separate action. The EPA is approving but not incorporating by reference supplementary letter submitted by Alaska on July 29, 2015. The July 29, 2015 supplement clarifies that Alaska Statute (AS) 40.25.110 and AS 40.25.115, and implementing regulations at 2 AAC 96, Public Information, adequately address availability of materials and reasonable costs associated with access to public records with respect to Transportation Conformity. VerDate Sep<11>2014 15:42 Sep 04, 2015 Jkt 235001 IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is incorporating by reference the provisions set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). 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, the 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 (Public Law 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 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 53737 be inconsistent with the Clean Air Act; and • does not provide the 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). The SIP is not approved to apply on any Indian reservation land or in any other area where the 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. The 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 November 9, 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 the 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).) E:\FR\FM\08SER1.SGM 08SER1 53738 Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Rules and Regulations List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, General conformity, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Transportation conformity, Volatile organic compounds. Dated: August 13, 2015. Edward H. Chu, Acting Regional Administrator, Region 10. 1. The authority citation for Part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart C—Alaska 2. In § 52.70: a. The table in paragraph (c) is amended by: ■ i. Removing the heading entitled ‘‘18 AAC 50 Article 7. Conformity’’ and adding ‘‘18 AAC 50 Article 7. Transportation Conformity’’ in its place; ■ ii. Revising the entries ‘‘18 AAC 50.700’’, ‘‘18 AAC 50.705’’, ‘‘18 AAC 50.715’’, ‘‘18 AAC 50.720’’, and ‘‘18 AAC 50.990’’; ■ ■ For the reasons stated in the preamble, 40 CFR part 52 is amended as follows: iii. Removing the entries ‘‘18 AAC 50.710’’, ‘‘18 AAC 50.725’’, and ‘‘18 AAC 50.730’’; and ■ iv. Adding the entries ‘‘18 AAC 50.712’’, ‘‘18 AAC 50.740’’, ‘‘18 AAC 50.745’’, and ‘‘18 AAC 50.750’’ in numerical order; and ■ b. The table in paragraph (e) under the heading ‘‘Section III Area wide Pollutant Control Program’’, is amended by: ■ i. Revising the entry ‘‘I. Transportation Conformity’’; and ■ ii. Adding, after the new entry for ‘‘I. Transportation Conformity’’, an entry for ‘‘Transportation Conformity Supplement’’ . The revisions and additions read as follows: ■ PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS § 52.70 * Identification of plan. * * (c) * * * * * EPA-APPROVED ALASKA REGULATIONS AND STATUTES State citation State effective date Title/Subject EPA Approval date Explanations Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) * * * * * 18 AAC 50 Article 7. Transportation Conformity 18 AAC 50.700 ............................... Purpose .......................................... 4/17/15 18 AAC 50.705 ............................... Applicability .................................... 4/17/15 18 AAC 50.712 ............................... Agency Responsibilities ................. 4/17/15 18 AAC 50.715 ............................... 4/17/15 18 AAC 50.720 ............................... Interagency Consultation Procedures. Public Involvement ......................... 4/17/15 * * 18 AAC 50.740 ............................... * * Written Commitments ..................... 4/17/15 18 AAC 50.745 ............................... Resolving Conflicts ......................... 4/17/15 18 AAC 50.750 ............................... Exempt Projects ............................. 4/17/15 * * * * September 8, 2015 Register citation] September 8, 2015 Register citation] September 8, 2015 Register citation] September 8, 2015 Register citation] September 8, 2015 Register citation] * [Insert Federal [Insert Federal [Insert Federal [Insert Federal [Insert Federal * [Insert Federal * * * September 8, 2015 Register citation] September 8, 2015 Register citation] September 8, 2015 Register citation] * * * * * [Insert Federal [Insert Federal 18 AAC 50 Article 9. General Provisions * * * rmajette on DSK7SPTVN1PROD with RULES 18 AAC 50.990 ............................... * * * VerDate Sep<11>2014 * * Definitions ....................................... * 15:42 Sep 04, 2015 * 4/17/15 September 8, 2015 [Insert Federal Register citation] (e) * * * Jkt 235001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\08SER1.SGM 08SER1 53739 Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Rules and Regulations EPA-APPROVED ALASKA NONREGULTAORY PROVISIONS AND QUASI-REGULATORY MEASURES Applicable geographic or nonattainment area Name of SIP provision State submittal date EPA Approval date Comments State of Alaska Air Quality Control Plan: Volume II. Analysis of Problems, Control Actions * * * * * * * * * Section III Area wide Pollutant Control Program * * * * I. Transportation Conformity. Statewide ..................... 4/17/15 Transportation Conformity Supplement. Statewide ..................... 7/29/15 * * * * * * * September 8, 2015 [Insert Federal Register citation]. September 8, 2015 [Insert Federal Register citation]. * * * July 8, 2015 (80 FR 38959) make the following correction: * [FR Doc. 2015–21938 Filed 9–4–15; 8:45 am] BILLING CODE 6560–50–P § 52.220 [Corrected] On page 38964, in the third column, line 25 from the top of the column, correct paragraph (c)(460) to read as follows: ‘‘(460) The following plan revision was submitted on September 29, 2014, by the Governor’s designee. (i) [Reserved] (ii) Additional Material. (A) Feather River Air Quality Management District. (1) Reasonably Available Control Technology Analysis and Negative Declarations (‘‘2014 RACT SIP’’), as adopted on August 4, 2014.’’ ■ ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2015–0164; FRL–9933–50– Region 9] Revisions to the California State Implementation Plan, Feather River Air Quality Management District; Correction Environmental Protection Agency (EPA). ACTION: Direct final rule; correction. AGENCY: The Environmental Protection Agency (EPA) is correcting a direct final rule that appeared in the Federal Register on July 8, 2015. The document approved revisions to various sections of the California State Implementation Plan (SIP). This document adds the appropriate amendatory language to § 52.220, Subpart F. DATES: Effective on September 8, 2015. FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972– 3073, Gong.Kevin@epa.gov. SUPPLEMENTARY INFORMATION: The EPA published a document in the Federal Register on July 8, 2015, (80 FR 38959) approving revisions to various sections of the California State Implementation Plan (SIP) in § 52.220, Subpart F. This correction adds the appropriate amendatory language. rmajette on DSK7SPTVN1PROD with RULES SUMMARY: Correction In FR Doc. 2015–16627 appearing on page 38964 in the Federal Register on VerDate Sep<11>2014 15:42 Sep 04, 2015 Jkt 235001 Dated: August 21, 2015. Jared Blumenfeld, Regional Administrator, Region IX. [FR Doc. 2015–21939 Filed 9–4–15; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 52i [Docket Number NIH–2007–0931] RIN 0925–AA61 National Institute on Minority Health and Health Disparities Research Endowments National Institutes of Health, Department of Health and Human Services. ACTION: Final rule. AGENCY: The National Institutes of Health (NIH), through the Department of Health and Human Services (HHS), is SUMMARY: PO 00000 Frm 00049 Fmt 4700 Clarification re: Access to Public Records: AS 40.25.110, AS 40.25.115, and 2 AAC 96. Sfmt 4700 * * issuing regulations governing the National Institute on Minority Health and Health Disparities (NIMHD) endowment grants awarded to section 736 and section 464z–4 Centers of Excellence to facilitate minority health disparities research and other health disparities research. DATES: This final rule is effective October 8, 2015. FOR FURTHER INFORMATION CONTACT: Jerry Moore, NIH Regulations Officer, Office of Management Assessment, NIH, 6011 Executive Boulevard, Room 601, MSC 7669, Rockville, MD 20852; by email at MooreJ@mail.nih.gov; by fax on 301– 401–0169 (not a toll free number); or by telephone on 301–496–4607 (not a tollfree number). SUPPLEMENTARY INFORMATION: Section 464z–3 (42 U.S.C. 285t) of the Public Health Service (PHS) Act authorizes the Director of the NIMHD to carry out a program to facilitate minority health disparities research and other health disparities research by providing research endowments to eligible centers of excellence under sections 736 and 464z–4 of the PHS Act. The program is called the NIMHD Research Endowment Program (Endowment Program). The objective of the Endowment Program is to build research and training capacity and infrastructure at eligible section 736 health professions schools (42 U.S.C. 293) and section 464z–4 biomedical and behavioral research institutions (42 U.S.C. 285t–1) to facilitate minority health and other health disparities research to close the disparity gap in the burden of illness and death experienced by racial and ethnic minority Americans and other health disparity populations. Endowment Program activities may include strengthening the research E:\FR\FM\08SER1.SGM 08SER1

Agencies

[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Rules and Regulations]
[Pages 53735-53739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21938]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0447; FRL-9933-43-Region 10]


Approval and Promulgation of State Implementation Plans; Alaska; 
Transportation Conformity State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Alaska 
(the State). The submission addresses transportation conformity and 
general conformity requirements. The EPA is approving the submission in 
accordance with the requirements of the Clean Air Act (the Act).

DATES: This rule is effective on November 9, 2015, without further 
notice, unless the EPA receives adverse comment by October 8, 2015. If 
the EPA receives adverse comment, we will publish a timely withdrawal 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0447, by any of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: pepple.karl@epa.gov
     Mail: Karl Pepple, EPA Region 10, Office of Air, Waste and 
Toxics, AWT-150, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900,

[[Page 53736]]

Seattle, WA 98101. Attention: Karl Pepple, Office of Air, Waste and 
Toxics, AWT-150. Such deliveries are only accepted during normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2015-0447. The 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 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 the 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 the 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, the 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 the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the 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, is not placed on the Internet and will be 
publicly available only in hard copy. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Office of Air, Waste 
and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle WA 98101.

FOR FURTHER INFORMATION CONTACT: Karl Pepple at telephone number: (206) 
553-1778, email address: pepple.karl@epa.gov, or the above EPA, Region 
10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'' or ``our'' is used, it is intended to refer to the EPA. 
Information is organized as follows:

Table of Contents

I. Background
II. What is the EPA's analysis of the state's submittal?
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On September 27, 1995, the EPA approved the general conformity 
rules in Article 7 of the Alaska Administrative Code (AAC) Title 18, 
Chapter 50 into the Alaska SIP (60 FR 49765). General conformity is a 
requirement of section 176(c) of the CAA to ensure that no federally 
supported actions outside of highway and transit projects interfere 
with the purpose of the approved SIP, i.e. the SIP's protection of the 
national ambient air quality standards (NAAQS). General conformity 
requirements currently apply to the following criteria pollutants: 
Ozone, particulate matter, carbon monoxide, and nitrogen dioxide. The 
general conformity regulation is found in 40 CFR part 93, subpart B and 
in 40 CFR 51.851.
    On December 29, 1999, the EPA approved the transportation 
conformity rules in Article 7 of the Alaska Administrative Code (AAC) 
Title 18, Chapter 50 into the Alaska SIP (64 FR 72940). Transportation 
conformity is required under section 176(c) of the Act to ensure that 
federally supported highway, transit projects, and other activities are 
consistent with (``conform to'') the purpose of the SIP. Transportation 
conformity currently applies to areas that are designated 
nonattainment, and to areas that have been redesignated to attainment 
after 1990 (maintenance areas) with plans developed under section 175A 
of the Act, for the following transportation related criteria 
pollutants: Ozone, particulate matter (PM2.5 and 
PM10), carbon monoxide, and nitrogen dioxide. The 
transportation conformity regulation is found in 40 CFR part 93, 
subpart A, and in 40 CFR 51.390.
    On August 10, 2005, the ``Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users'' (SAFETEA-LU) 
transportation act was signed into law, and among other things, it 
amended the CAA to eliminate the requirement for states to adopt and 
submit general conformity SIPs. On April 5, 2010 (75 FR 17254), the EPA 
updated the general conformity SIP regulations to be consistent with 
the transportation act by eliminating the Federal regulatory 
requirement for states to adopt and submit general conformity SIPs. See 
40 CFR 51.851. On May 7, 2015, with a supplementary letter received 
July 29, 2015, the Alaska Department of Environmental Conservation 
(ADEC) submitted a request to update the transportation conformity 
regulations and to remove the general conformity regulations from the 
Alaska SIP.

II. What is the EPA's analysis of the state's submittal?

    We reviewed the State of Alaska's (the State) transportation 
conformity and general conformity SIP submittal to ensure consistency 
with the current CAA, as amended by the transportation act, and EPA 
regulations governing state procedures for both transportation and 
general conformity.
    Alaska's submittal revises transportation conformity criteria and 
procedures related to interagency consultation, and enforceability of 
certain transportation related control and mitigation measures. 
Alaska's SIP revision updates the State's transportation conformity 
provisions, Article 7 of the Alaska Administrative Code (AAC) Title 18, 
Chapter 50 (18 AAC 50), to be consistent with the Act as amended by 
SAFETEA-LU and EPA regulations (40 CFR part 93 and 40 CFR 51.390). The 
EPA has reviewed the submittal to assure consistency with the Act as 
amended by SAFETEA-LU and EPA regulations (40 CFR part 93 and 40 CFR 
51.390) governing state procedures for transportation conformity and 
interagency consultation and has concluded that the submittal is 
approvable. Details of our review are set forth in a technical support 
document (TSD), which has been included in the docket for this action. 
Specifically, in the TSD, the EPA identifies how the submitted 
procedures, as clarified by the State's July 29, 2015, supplement, 
satisfy the requirements under 40 CFR 93.105 for interagency 
consultation with respect to the development of transportation plans 
and programs, SIPs, and conformity determinations, the resolution of 
conflicts, and the provision of adequate public consultation, and our 
requirements under 40 CFR 93.122(a)(4)(ii) and 93.125(c) for 
enforceability of control measures and mitigation measures.
    Alaska's SIP revision also addresses general conformity 
requirements. The revision removes the general conformity regulations 
from the Alaska SIP. These

[[Page 53737]]

regulations are no longer necessary since the establishment of the 
SAFETEA-LU removed the requirement for states to maintain general 
conformity regulations. Specifically, 40 CFR 51.851(a) was changed to 
indicate that states ``may,'' not ``must'' submit to the EPA a general 
conformity SIP because, as 40 CFR 51.851(b) indicates, Federal agencies 
shall use the provisions of 40 CFR part 93, subpart B in addition to 
any existing applicable state or tribal requirements to review the 
conformity of Federal actions in nonattainment or maintenance areas. 
Alaska's removal of general conformity rules from its SIP meets the 
requirements set forth in section 110(l) of the CAA with respect to 
adoption and submission of SIP revisions. 40 CFR part 93, subpart B 
continues to subject certain Federal actions to general conformity 
requirements without the need for identical state rules and SIPs. 
Therefore, repealing the state rule will not impact continuity of the 
general conformity program in Alaska, and consequently meets the 
requirements of section 110(l). Alaska's request to remove the general 
conformity regulations from the Alaska SIP is approvable.

III. Final Action

    The EPA is approving and incorporating by reference into the Alaska 
SIP the revisions to 18 AAC 50 Article 7, Transportation Conformity, 
and supporting definitions in 18 AAC 50 Article 9, General Provisions, 
submitted by the State of Alaska on May 7, 2015, and supplemented on 
July 29, 2015. The revisions are State effective April 17, 2015. We 
note that we are not approving the revision to 18 AAC 50.735 because 
the State determined it was submitted in error, and requested in the 
July 29, 2015 supplement that the EPA not approve the revision. The 
State intends to rescind the rule section in the near future. We also 
note that the May 7, 2015 submittal included a number of rule revisions 
to 18 AAC 50 Articles 1 and 2, which are not related to transportation 
and general conformity. We intend to address those rule revisions in a 
separate action.
    The EPA is approving but not incorporating by reference 
supplementary letter submitted by Alaska on July 29, 2015. The July 29, 
2015 supplement clarifies that Alaska Statute (AS) 40.25.110 and AS 
40.25.115, and implementing regulations at 2 AAC 96, Public 
Information, adequately address availability of materials and 
reasonable costs associated with access to public records with respect 
to Transportation Conformity.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is incorporating by reference the provisions set forth 
below. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

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, the 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 (Public Law 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 the 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the 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. The 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 November 9, 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 the 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).)

[[Page 53738]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
General conformity, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Transportation 
conformity, Volatile organic compounds.

    Dated: August 13, 2015.
Edward H. Chu,
Acting Regional Administrator, Region 10.

    For the reasons stated in the preamble, 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.

Subpart C--Alaska

0
2. In Sec.  52.70:
0
a. The table in paragraph (c) is amended by:
0
i. Removing the heading entitled ``18 AAC 50 Article 7. Conformity'' 
and adding ``18 AAC 50 Article 7. Transportation Conformity'' in its 
place;
0
ii. Revising the entries ``18 AAC 50.700'', ``18 AAC 50.705'', ``18 AAC 
50.715'', ``18 AAC 50.720'', and ``18 AAC 50.990'';
0
iii. Removing the entries ``18 AAC 50.710'', ``18 AAC 50.725'', and 
``18 AAC 50.730''; and
0
iv. Adding the entries ``18 AAC 50.712'', ``18 AAC 50.740'', ``18 AAC 
50.745'', and ``18 AAC 50.750'' in numerical order; and
0
b. The table in paragraph (e) under the heading ``Section III Area wide 
Pollutant Control Program'', is amended by:
0
i. Revising the entry ``I. Transportation Conformity''; and
0
ii. Adding, after the new entry for ``I. Transportation Conformity'', 
an entry for ``Transportation Conformity Supplement'' .
    The revisions and additions read as follows:


Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Alaska Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                            State
         State citation              Title/Subject     effective date   EPA Approval date       Explanations
----------------------------------------------------------------------------------------------------------------
   Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                 18 AAC 50 Article 7. Transportation Conformity
----------------------------------------------------------------------------------------------------------------
18 AAC 50.700...................  Purpose............         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
18 AAC 50.705...................  Applicability......         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
18 AAC 50.712...................  Agency                      4/17/15  September 8, 2015    ....................
                                   Responsibilities.                    [Insert Federal
                                                                        Register citation]
18 AAC 50.715...................  Interagency                 4/17/15  September 8, 2015    ....................
                                   Consultation                         [Insert Federal
                                   Procedures.                          Register citation]
18 AAC 50.720...................  Public Involvement.         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
 
                                                  * * * * * * *
18 AAC 50.740...................  Written Commitments         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
18 AAC 50.745...................  Resolving Conflicts         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
18 AAC 50.750...................  Exempt Projects....         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     18 AAC 50 Article 9. General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
18 AAC 50.990...................  Definitions........         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

[[Page 53739]]



                   EPA-Approved Alaska Nonregultaory Provisions And Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                     Applicable
     Name of SIP provision          geographic or         State       EPA Approval date          Comments
                                 nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
           State of Alaska Air Quality Control Plan: Volume II. Analysis of Problems, Control Actions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Section III Area wide Pollutant Control Program
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
I. Transportation Conformity...  Statewide.........         4/17/15  September 8, 2015   .......................
                                                                      [Insert Federal
                                                                      Register
                                                                      citation].
Transportation Conformity        Statewide.........         7/29/15  September 8, 2015   Clarification re:
 Supplement.                                                          [Insert Federal     Access to Public
                                                                      Register            Records: AS 40.25.110,
                                                                      citation].          AS 40.25.115, and 2
                                                                                          AAC 96.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-21938 Filed 9-4-15; 8:45 am]
 BILLING CODE 6560-50-P
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