Air Plan Approval; Minnesota; Transportation Conformity Procedures, 76863-76865 [2015-31075]
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76863
Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations
Name of
non-regulatory
SIP revision
*
Negative Declaration for the Automobile and LightDuty Truck Assembly Coatings
CTG.
Applicable geographic area
State
submittal
date
EPA Approval date
*
*
Statewide ...........................
6/25/15
*
*
12/11/15 [Insert Federal Register
citation].
[FR Doc. 2015–31203 Filed 12–10–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0563; FRL–9939–80–
Region 5]
Air Plan Approval; Minnesota;
Transportation Conformity Procedures
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision for
carbon monoxide (CO), submitted by the
State of Minnesota on July 16, 2015. The
purpose of this revision is to establish
transportation conformity criteria and
procedures related to interagency
consultation, and enforceability of
certain transportation related control
and mitigation measures.
DATES: This direct final rule will be
effective February 9, 2016, unless EPA
receives adverse comments by January
11, 2016. If adverse comments are
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2015–0563, by one of the
following methods:
1. www.regulations.gov: Follow the on
line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR 18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR 18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
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SUMMARY:
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Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2015–
0563. 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 EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
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Additional explanation
*
*
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Michael
Leslie, Environmental Engineer, at (312)
353–6680 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Michael Leslie, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR 18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6680,
leslie.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What is the background for this action?
II. What is EPA’s analysis of Minnesota’s SIP
revision?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
Transportation conformity is required
under section 176(c) of the Clean Air
Act (Act) to ensure that transportation
planning activities are consistent with
(‘‘conform to’’) air quality planning
goals in nonattainment/maintenance
areas. The transportation conformity
regulation is found in 40 CFR 93 and
provisions related to transportation
conformity SIPs are found in 40 CFR
51.390. Transportation conformity
applies to areas that are designated
nonattainment or maintenance for the
following transportation related criteria
pollutants: Ozone, particulate matter,
CO, and nitrogen dioxide. The
Minneapolis-St. Paul area is currently
maintenance for CO.
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Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations
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EPA originally promulgated the
Federal transportation conformity
criteria and procedures (‘‘Transportation
Conformity Rule’’) on November 24,
1993 (58 FR 62188). On August 10,
2005, the ‘‘Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users’’ (SAFETEA–LU) was
signed into law. SAFETEA–LU revised
section 176(c) of the Act transportation
conformity provisions. SAFETEA–LU
streamlined the requirements for
conformity SIPs. Under SAFETEA–LU,
States are required to address and tailor
only three sections of the rules in their
conformity SIPs: 40 CFR 93.105, 40 CFR
93.122(a)(4)(ii), and, 40 CFR 93.125(c).
40 CFR 93.105 addresses consultation
procedures for conformity. 40 CFR
93.122(a)(4)(ii) and 40 CFR 93.125(c),
addresses written commitments from
project implementers of transportation
control measures. In general, states are
no longer required to submit conformity
SIP revisions that address the other
sections of the conformity rule.
II. What is EPA’s analysis of
Minnesota’s SIP revision?
A conformity SIP can be adopted as
a state rule, as a memorandum of
understanding, or a memorandum of
agreement (MOA). The appropriate form
of the state conformity procedures
depends upon the requirements of local
or State law, as long as the selected form
complies with all requirements used by
the ACT for adoption, submission to
EPA, and implementation of SIPs. EPA
will accept state conformity SIPs in any
form provided the state can demonstrate
to EPA’s satisfaction that, as a matter of
state law, the state has adequate
authority to compel compliance with
the requirements of the conformity SIP.
Minnesota concluded that this SIP
revision in the form of a MOA will be
enforceable through a number of
Minnesota statutes. These statutes
authorize state agencies to enter into
legally binding cooperative contracts for
the receipt or furnishing of services. In
this case, these services relate to the
transportation/air quality planning
process in Minnesota. Minnesota
collaborated with the Minnesota
Department of Transportation
(MNDOT), the EPA, the Federal
Highway Administration (FHWA), the
Federal Transit Administration (FTA),
the Metropolitan Council, and the
Metropolitan Interstate Council, to
develop the Transportation Conformity
MOA. This MOA was agreed upon and
signed by all of the above consultation
parties.
EPA has evaluated this SIP
submission and finds that the state has
addressed the requirements of the
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Federal transportation conformity rule
as described in 40 CFR 51.390 and 40
CFR part 93, subpart A. The
transportation conformity rule requires
the states to develop their own
processes and procedures for
interagency consultation and resolution
of conflicts meeting the criteria in 40
CFR 93.105. The SIP revision includes
processes and procedures to be followed
by the Metropolitan Planning
Organizations (MPOs), the Minnesota
Department of Transportation
(MNDOT), the FHWA and the FTA, in
consultation with the state and local air
quality agencies and EPA before making
transportation conformity
determinations. Minnesota’s
transportation conformity SIP also
included processes and procedures for
the state and local air quality agencies
and EPA to coordinate the development
of applicable SIPs with the MPOs, the
state Department of Transportation
(DOT), and the U.S. DOT, and requires
written commitments to control
measures and mitigation measures (40
CFR 93.122(a)(4)(ii) and 93.125(c)).
EPA’s review of the Minnesota SIP
revision indicates that it is consistent
with the Act as amended by SAFETEA–
LU and EPA regulations (40 CFR part 93
subpart A and 40 CFR 51.390) governing
state procedures for transportation
conformity and interagency consultation
and therefore EPA has concluded that
the submittal is approvable.
III. What action is EPA taking?
EPA is approving a SIP revision
submitted by the State of Minnesota, for
the purpose of establishing
transportation conformity criteria and
procedures related to interagency
consultation, and enforceable
commitments to implement
transportation related control and
mitigation measures.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective February 9, 2016 without
further notice unless we receive relevant
adverse written comments by January
11, 2016. If we receive such comments,
we will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
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not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
February 9, 2016.
IV. Statutory and Executive Order
Reviews
Under the 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 Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Act; and
• Does not provide EPA with the
discretionary authority to address, as
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Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations
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 Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 9, 2016. 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.
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Dated: November 23, 2015.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 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.
2. Section 52.1237 is amended by
adding paragraph (f) to read as follows:
■
§ 52.1237 Control strategy: Carbon
monoxide.
*
*
*
*
*
(f) Approval—On July 16, 2015, the
State of Minnesota submitted a revision
to their Particulate Matter State
Implementation Plan. The submittal
establishes transportation conformity
criteria and procedures related to
interagency consultation, and the
enforceability of certain transportation
related control and mitigation measures.
[FR Doc. 2015–31075 Filed 12–10–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2015–0298; FRL–9939–66–
Region 4]
Air Plan Approval and Air Quality
Designation; SC; Redesignation of the
Charlotte-Rock Hill, 2008 8-Hour Ozone
Nonattainment Area to Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking three separate
final actions related to a state
implementation plan (SIP) revision
submitted by the State of South
Carolina, through the South Carolina
Department of Health and
Environmental Control (SC DHEC), on
April 17, 2015. These final actions are
for the York County, South Carolina
portion of the bi-state Charlotte-Rock
Hill, North Carolina-South Carolina
2008 8-hour ozone national ambient air
quality standards (NAAQS)
nonattainment area (the entire area is
hereinafter referred to as the ‘‘bi-State
Charlotte Area’’ or ‘‘Area’’ and the
South Carolina portion is hereinafter
referred to as the ‘‘York County Area’’).
In these three final actions, EPA
determines that the bi-state Charlotte
SUMMARY:
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76865
Area is continuing to attain the 2008 8hour ozone NAAQS; approves and
incorporates South Carolina’s plan for
maintaining attainment of the 2008 8hour ozone standard in the York County
Area, including the 2014 and 2026
motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) and
volatile organic compounds (VOC) for
the York County Area, into the SIP; and
redesignates the York County Area to
attainment for the 2008 8-hour ozone
NAAQS. Additionally, EPA finds the
2014 and 2026 MVEBs for the York
County Area adequate for the purposes
of transportation conformity.
DATES: This rule will be effective
January 11, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0298. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mrs.
Sheckler may be reached by phone at
(404) 562–9992 or via electronic mail at
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background for Final Actions
On May 21, 2012 (77 FR 30088), EPA
designated areas as unclassifiable/
attainment or nonattainment for the
2008 8-hour ozone NAAQS that was
promulgated on March 27, 2008 (73 FR
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Agencies
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Rules and Regulations]
[Pages 76863-76865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31075]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0563; FRL-9939-80-Region 5]
Air Plan Approval; Minnesota; Transportation Conformity
Procedures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision for carbon monoxide (CO), submitted
by the State of Minnesota on July 16, 2015. The purpose of this
revision is to establish transportation conformity criteria and
procedures related to interagency consultation, and enforceability of
certain transportation related control and mitigation measures.
DATES: This direct final rule will be effective February 9, 2016,
unless EPA receives adverse comments by January 11, 2016. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0563, by one of the following methods:
1. www.regulations.gov: Follow the on line instructions for
submitting comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR 18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR 18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2015-0563. 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 EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Michael Leslie, Environmental Engineer,
at (312) 353-6680 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR 18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, leslie.michael@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What is the background for this action?
II. What is EPA's analysis of Minnesota's SIP revision?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
Transportation conformity is required under section 176(c) of the
Clean Air Act (Act) to ensure that transportation planning activities
are consistent with (``conform to'') air quality planning goals in
nonattainment/maintenance areas. The transportation conformity
regulation is found in 40 CFR 93 and provisions related to
transportation conformity SIPs are found in 40 CFR 51.390.
Transportation conformity applies to areas that are designated
nonattainment or maintenance for the following transportation related
criteria pollutants: Ozone, particulate matter, CO, and nitrogen
dioxide. The Minneapolis-St. Paul area is currently maintenance for CO.
[[Page 76864]]
EPA originally promulgated the Federal transportation conformity
criteria and procedures (``Transportation Conformity Rule'') on
November 24, 1993 (58 FR 62188). On August 10, 2005, the ``Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users'' (SAFETEA-LU) was signed into law. SAFETEA-LU revised
section 176(c) of the Act transportation conformity provisions.
SAFETEA-LU streamlined the requirements for conformity SIPs. Under
SAFETEA-LU, States are required to address and tailor only three
sections of the rules in their conformity SIPs: 40 CFR 93.105, 40 CFR
93.122(a)(4)(ii), and, 40 CFR 93.125(c). 40 CFR 93.105 addresses
consultation procedures for conformity. 40 CFR 93.122(a)(4)(ii) and 40
CFR 93.125(c), addresses written commitments from project implementers
of transportation control measures. In general, states are no longer
required to submit conformity SIP revisions that address the other
sections of the conformity rule.
II. What is EPA's analysis of Minnesota's SIP revision?
A conformity SIP can be adopted as a state rule, as a memorandum of
understanding, or a memorandum of agreement (MOA). The appropriate form
of the state conformity procedures depends upon the requirements of
local or State law, as long as the selected form complies with all
requirements used by the ACT for adoption, submission to EPA, and
implementation of SIPs. EPA will accept state conformity SIPs in any
form provided the state can demonstrate to EPA's satisfaction that, as
a matter of state law, the state has adequate authority to compel
compliance with the requirements of the conformity SIP.
Minnesota concluded that this SIP revision in the form of a MOA
will be enforceable through a number of Minnesota statutes. These
statutes authorize state agencies to enter into legally binding
cooperative contracts for the receipt or furnishing of services. In
this case, these services relate to the transportation/air quality
planning process in Minnesota. Minnesota collaborated with the
Minnesota Department of Transportation (MNDOT), the EPA, the Federal
Highway Administration (FHWA), the Federal Transit Administration
(FTA), the Metropolitan Council, and the Metropolitan Interstate
Council, to develop the Transportation Conformity MOA. This MOA was
agreed upon and signed by all of the above consultation parties.
EPA has evaluated this SIP submission and finds that the state has
addressed the requirements of the Federal transportation conformity
rule as described in 40 CFR 51.390 and 40 CFR part 93, subpart A. The
transportation conformity rule requires the states to develop their own
processes and procedures for interagency consultation and resolution of
conflicts meeting the criteria in 40 CFR 93.105. The SIP revision
includes processes and procedures to be followed by the Metropolitan
Planning Organizations (MPOs), the Minnesota Department of
Transportation (MNDOT), the FHWA and the FTA, in consultation with the
state and local air quality agencies and EPA before making
transportation conformity determinations. Minnesota's transportation
conformity SIP also included processes and procedures for the state and
local air quality agencies and EPA to coordinate the development of
applicable SIPs with the MPOs, the state Department of Transportation
(DOT), and the U.S. DOT, and requires written commitments to control
measures and mitigation measures (40 CFR 93.122(a)(4)(ii) and
93.125(c)).
EPA's review of the Minnesota SIP revision indicates that it is
consistent with the Act as amended by SAFETEA-LU and EPA regulations
(40 CFR part 93 subpart A and 40 CFR 51.390) governing state procedures
for transportation conformity and interagency consultation and
therefore EPA has concluded that the submittal is approvable.
III. What action is EPA taking?
EPA is approving a SIP revision submitted by the State of
Minnesota, for the purpose of establishing transportation conformity
criteria and procedures related to interagency consultation, and
enforceable commitments to implement transportation related control and
mitigation measures.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective February 9,
2016 without further notice unless we receive relevant adverse written
comments by January 11, 2016. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
February 9, 2016.
IV. Statutory and Executive Order Reviews
Under the 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 Act. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Act; and
Does not provide EPA with the discretionary authority to
address, as
[[Page 76865]]
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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 9, 2016. 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.
Dated: November 23, 2015.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.1237 is amended by adding paragraph (f) to read as
follows:
Sec. 52.1237 Control strategy: Carbon monoxide.
* * * * *
(f) Approval--On July 16, 2015, the State of Minnesota submitted a
revision to their Particulate Matter State Implementation Plan. The
submittal establishes transportation conformity criteria and procedures
related to interagency consultation, and the enforceability of certain
transportation related control and mitigation measures.
[FR Doc. 2015-31075 Filed 12-10-15; 8:45 am]
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