Air Plan Approval; Minnesota; Transportation Conformity Procedures, 76863-76865 [2015-31075]

Download as PDF 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, tkelley on DSK9F6TC42PROD with RULES SUMMARY: VerDate Sep<11>2014 11:03 Dec 10, 2015 Jkt 238001 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. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 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. E:\FR\FM\11DER1.SGM 11DER1 76864 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations tkelley on DSK9F6TC42PROD with RULES 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 VerDate Sep<11>2014 11:03 Dec 10, 2015 Jkt 238001 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 E:\FR\FM\11DER1.SGM 11DER1 tkelley on DSK9F6TC42PROD with RULES 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. VerDate Sep<11>2014 11:03 Dec 10, 2015 Jkt 238001 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: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 E:\FR\FM\11DER1.SGM 11DER1

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]


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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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