Air Plan Approval; South Carolina; Transportation Conformity Update, 19495-19498 [2016-07811]

Download as PDF Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations excluding section 4.4 (‘‘Contingency Reductions’’). [FR Doc. 2016–07668 Filed 4–4–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2016–0028; FRL–9944–56– Region 9] Approval of Air Plan Revisions; Arizona; Rescissions and Corrections Environmental Protection Agency (EPA). ACTION: Partial withdrawal of direct final rule. AGENCY: Due to the receipt of adverse comments, the Environmental Protection Agency (EPA) is withdrawing a portion of the February 11, 2016 direct final rule approving certain revisions to the Arizona State Implementation Plan (SIP) and correcting certain errors. The adverse comments relate to a particular test method and thus the EPA is withdrawing the portion of the direct final rule that relates to the test methods that include the test method for which the adverse comments were received. DATES: The addition of paragraph (c)(29)(i)(B) published on February 11, 2016 at 81 FR 7214 is withdrawn, effective April 5, 2016. FOR FURTHER INFORMATION CONTACT: Andrew Steckel, EPA Region IX, (415) 947–4115, steckel.andrew@epa.gov. SUPPLEMENTARY INFORMATION: On February 11, 2016, the EPA published a direct final rule approving a SIP revision submitted by the Arizona Department of Environmental Quality (ADEQ). In the February 11, 2016 direct final rule, the EPA also corrected certain errors in previous actions on prior revisions to the Arizona SIP and to make certain other corrections. In the direct final rule, the EPA stated that if adverse comments were received by March 14, 2016, the EPA would publish a timely withdrawal and address the comments in a subsequent final rule based on the proposed rule also published on February 11, 2016 (81 FR 7259). The February 11, 2016 proposed rule indicated that if the EPA receives adverse comment on an amendment, paragraph, or section of the direct final rule and if that provision may be severed from the remainder of the rule, the EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. Lhorne on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 13:15 Apr 04, 2016 Jkt 238001 In this instance, the EPA received adverse comments on a certain test method for which the EPA had approved rescission. The relevant test method was included in a SIP revision submitted by ADEQ on January 23, 1979 that also included a number of other test methods and certain performance test specifications, all of which were approved by the EPA at 47 FR 17483 (April 23, 1982). The EPA’s approval of the test methods and performance test specifications submitted on January 23, 1979 and approved on April 23, 1982 was codified at 40 CFR 52.120(c)(29)(i)(A). The EPA’s action on the rescission of the test methods and performance test specifications submitted on January 23, 1979 and approved on April 23, 1982 is severable from the rest of the direct final rule. Thus, the EPA is withdrawing only the portion of the direct final rule related to those test methods and performance test specifications. The EPA will address the comments in a separate final action covering the state’s rescission of the test methods and performance test specifications submitted on January 23, 1979 (and approved on April 23, 1982) based on the proposed action published on February 11, 2016 (81 FR 7259). The EPA will not open a second comment period for the action on the state’s rescissions of the test methods and performance test specifications. The other actions in the February 11, 2016 Federal Register direct final rule are not affected. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: March 24, 2016. Jared Blumenfeld, Regional Administrator, Region IX. Accordingly, the addition of paragraph (c)(29)(i)(B) which was published in the Federal Register on February 11, 2016 (81 FR 7209) on page 7214 is withdrawn as of April 5, 2016. [FR Doc. 2016–07666 Filed 4–4–16; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 19495 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2015–0696; FRL–9944–55Region 4] Air Plan Approval; South Carolina; Transportation Conformity Update Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the South Carolina State Implementation Plan (SIP) submitted on October 13, 2015, through the South Carolina Department of Health and Environmental Control (SC DHEC). This revision consists of transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation-related control measures and mitigation measures. The intended effect of this approval is to update the transportation conformity criteria and procedures in the South Carolina SIP to reorganize previous exhibits into a single Memorandum of Agreement (MOA) document as well as updating signatories to add the newly established Lowcountry Area Transportation Study (LATS) to the list of Metropolitan Planning Organizations (MPOs), created to represent a new urbanized area designated as a result of the 2010 Census. EPA has determined that this revision is consistent with the Clean Air Act (CAA or Act). DATES: This direct final rule is effective June 6, 2016 without further notice, unless EPA receives adverse comment by May 5, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2015–0696 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally SUMMARY: E:\FR\FM\05APR1.SGM 05APR1 19496 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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. Ms. Sheckler’s telephone number is 404– 562–9992. She can also be reached via electronic mail at Sheckler.Kelly@ epa.gov. SUPPLEMENTARY INFORMATION: I. Transportation Conformity Transportation conformity (hereafter referred to as ‘‘conformity’’) is required under section 176(c) of the CAA to ensure that federally supported highway and transit activities are consistent with (‘‘conform to’’) the purpose of the SIP. Conformity currently applies to areas that are designated nonattainment, and to areas that have been redesignated to attainment after 1990 (i.e., maintenance areas) with plans developed under section 175A of the Act, for the following transportation related criteria pollutants: Ozone, particulate matter (e.g., PM2.5 and PM10), carbon monoxide, and nitrogen dioxide. Conformity to the purpose of the SIP means that transportation activities will not cause or contribute to new air quality violations, worsen existing violations, or delay timely attainment of the national ambient air quality standards (NAAQS) for the relevant criteria pollutants. The conformity regulation is found in 40 CFR part 93 and provisions related to conformity SIPs are found in 40 CFR 51.390. Lhorne on DSK5TPTVN1PROD with RULES II. Background for This Action A. Federal Requirements EPA promulgated the Federal transportation conformity criteria and procedures (‘‘Conformity Rule’’) on November 24, 1993. 58 FR 62188. Among other things, the rule required states to address all provisions of the conformity rule in their SIPs, frequently referred to as ‘‘conformity SIPs.’’ Under 40 CFR 51.390, most sections of the Conformity Rule were required to be copied verbatim into the SIP. States were also required to tailor all or VerDate Sep<11>2014 13:15 Apr 04, 2016 Jkt 238001 portions of the following three sections of the Conformity Rule to the state’s individual circumstances: 40 CFR 93.105, which addresses consultation procedures; 40 CFR 93.122(a)(4)(ii), which addresses written commitments to control measures that are not included in a MPO’s transportation plan and transportation improvement program that must be obtained prior to a conformity determination, and the requirement that such commitments must be fulfilled; and 40 CFR 93.125(c), which addresses written commitments to mitigation measures that must be obtained prior to a project-level conformity determination, and the requirement that project sponsors must comply with such commitments. 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 CAA transportation conformity provisions. One of the changes streamlined the requirements for conformity SIPs. Under SAFETEA– LU, states are required to address and tailor only three sections of the rule in their conformity SIPs: 40 CFR 93.105, 40 CFR 93.122(a)(4)(ii), and, 40 CFR 93.125(c), described above. In general, states are no longer required to submit conformity SIP revisions that address the other sections of the Conformity Rule. These changes took effect on August 10, 2005, when SAFETEA–LU was signed into law. B. South Carolina Transportation Conformity SIP The Conformity Rule requires the states to develop their own processes and procedures for interagency consultation among the Federal, state, and local agencies and resolution of conflicts meeting the criteria in 40 CFR 93.105. The conformity SIP revision must include processes and procedures to be followed by the MPO, state DOT, and US DOT in consulting with the state and local air quality agencies and EPA before making conformity determinations. The SIP revision must also include processes and procedures for the state and local air quality agencies and EPA to coordinate the development of applicable SIPs with MPOs, state DOTs, and the US DOT. In 2004, EPA approved the State of South Carolina’s initial conformity SIP revision which incorporated by reference 40 CFR part 93, subpart A (67 FR 50808), and customized 40 CFR 93.105, 93.122(a)(4)(ii), and 93.125(c) for all of the MPOs in the entire state and for the South Carolina Department of Transportation (SC DOT). 69 FR 4245. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Specifically, the State of South Carolina established a MOA for implementing the conformity criteria and consultation procedures for all transportation-related pollutants. On July 28, 2009, EPA approved a revision to the SC MOA to address the relevant NAAQS and SAFTEA–LU amendments. 74 FR 37168. III. State Submittal and EPA Evaluation On October 13, 2015, the State of South Carolina, through SC DHEC, submitted the Statewide conformity and interagency consultation SIP, based on a new MOA signed by all of the MPOs in the State 1 and SC DOT, to EPA as a revision to the SIP. The SIP revision establishes procedures for interagency consultation and, upon EPA approval, supersedes the SIP revision that EPA approved on July 28, 2009. See 74 FR 37168. Specifically, the SC DEHC is now proposing certain updates, including a reorganization that incorporates Exhibits 1 and 2 to the previous MOA into the new MOA itself, as well as the addition of the Lowcountry Area Transportation Study (LATS) to the list of MPOs which are signatories to the MOA. LATS is a newly established MPO that represents a new urbanized area designated as a result of the 2010 Census. LATS covers the Town of Hilton Head Island, the Town of Bluffton, and parts of unincorporated Beaufort County. The State also seeks approval of the following additional changes from the old MOA: Clarification of the responsibilities of the MPOs, grammar and punctuation changes, recodification of sections C, D and E for ease of reading, the addition of language to specifically address the requirements of 40 CFR 93.122(a)(4)(ii) and 93.125(c), and the addition of a new ‘‘General Provisions’’ section (section F). As noted in EPA’s 2009 approval, 74 FR 37168, the State of South Carolina developed its consultation SIP based on the elements contained in 40 CFR 93.105, 93.122(a)(4)(ii), and 93.125(c) and included it in the SIP. As a first step, the State worked with the existing transportation planning organization’s interagency committee that included representatives from the SC DHEC; SC DOT; all of the MPOs in the State; Federal Highway Administration— South Carolina Division; Federal Transit Administration; and the Region 4 office of EPA. The interagency committee met 1 Although South Carolina currently has only one nonattainment area (i.e., a portion of York County) for the 2008 8-hour ozone NAAQS, its MOA covers all of the MPOs in the State should any new areas become subject to conformity requirements for a transportation-related pollutant in the future. E:\FR\FM\05APR1.SGM 05APR1 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations Lhorne on DSK5TPTVN1PROD with RULES regularly and drafted the consultation procedures, considering elements in 40 CFR 93.105, 93.122(a)(4)(ii), and 93.125(c), and integrated the local procedures and processes into the MOA. The resulting consultation process developed is unique to the State of South Carolina. SC DHEC offered the opportunity for a public hearing regarding the new MOA on January 6, 2015, but no hearing was requested and thus none was held. No comments, written or oral, were received from the public. The final MOA was issued by South Carolina on October 13, 2015, and subsequently submitted to EPA as a SIP revision. EPA has evaluated this SIP revision and has determined that the State has met the requirements of federal transportation conformity rules as described in 40 CFR part 51, subpart T and 40 CFR part 93, subpart A. SC DHEC has satisfied the public participation and comprehensive interagency consultation requirement during development and adoption of the MOA at the local level. Therefore, EPA is approving the updated MOA as a revision to the South Carolina SIP. EPA has reviewed the submittal to assure consistency with the CAA 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. IV. Final Action EPA is taking direct final action under sections 110 and 176 of the Act to approve the rule implementing the conformity criteria and consultation procedures revision to the South Carolina SIP pursuant to the CAA, as a revision to the South Carolina SIP. This action also establishes consultation procedures for all counties in South Carolina. As a result of this action, South Carolina’s previously SIPapproved conformity procedures at 74 FR 37168 will be replaced by the procedures submitted to EPA on October 13, 2015, for approval and adopted by State of South Carolina on October 23, 2015. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective June 6, 2016 VerDate Sep<11>2014 13:15 Apr 04, 2016 Jkt 238001 without further notice unless the Agency receives adverse comments by May 5, 2016. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on June 6, 2016 and no further action will be taken on the proposed rule. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 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 CAA. 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 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 19497 Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 6, 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 this issue of the 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). E:\FR\FM\05APR1.SGM 05APR1 19498 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations Dated: March 25, 2016. Heather McTeer Toney, Regional Administrator, Region 4. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Incorporation by reference, Intergovernmental relations, Incorporation by reference Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Subpart (PP)—South Carolina 2. Section 52.2120(e) is amended by adding an entry at the end of the table for ‘‘South Carolina Transportation Conformity Air Quality Implementation Plan’’ to read as follows: ■ 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS § 52.2120(e) 1. The authority citation for part 52 continues to read as follows: ■ * Authority: 42.U.S.C. 7401 et seq. Identification of plan. * * (e) * * * * * EPA APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS State effective date Provision * * * South Carolina Transportation Conformity Air Quality Implementation Plan. BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2016–0002] Final Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). SUMMARY: The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated in the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. Lhorne on DSK5TPTVN1PROD with RULES VerDate Sep<11>2014 16:41 Apr 04, 2016 Jkt 238001 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–4064, or (email) Luis.Rodriguez3@fema.dhs.gov. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. National Environmental Policy Act. This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility PO 00000 Frm 00032 Fmt 4700 Explanation * 4/5/2016, [Insert citation of publication] FOR FURTHER INFORMATION CONTACT: [FR Doc. 2016–07811 Filed 4–4–16; 8:45 am] DATES: * 10/23/2015 EPA approval date Sfmt 4700 * * Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This final rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Dated: March 10, 2016. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: ■ Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: ■ E:\FR\FM\05APR1.SGM 05APR1

Agencies

[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Rules and Regulations]
[Pages 19495-19498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07811]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0696; FRL-9944-55-Region 4]


Air Plan Approval; South Carolina; Transportation Conformity 
Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the South Carolina State 
Implementation Plan (SIP) submitted on October 13, 2015, through the 
South Carolina Department of Health and Environmental Control (SC 
DHEC). This revision consists of transportation conformity criteria and 
procedures related to interagency consultation and enforceability of 
certain transportation-related control measures and mitigation 
measures. The intended effect of this approval is to update the 
transportation conformity criteria and procedures in the South Carolina 
SIP to reorganize previous exhibits into a single Memorandum of 
Agreement (MOA) document as well as updating signatories to add the 
newly established Lowcountry Area Transportation Study (LATS) to the 
list of Metropolitan Planning Organizations (MPOs), created to 
represent a new urbanized area designated as a result of the 2010 
Census. EPA has determined that this revision is consistent with the 
Clean Air Act (CAA or Act).

DATES: This direct final rule is effective June 6, 2016 without further 
notice, unless EPA receives adverse comment by May 5, 2016. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0696 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally

[[Page 19496]]

not consider comments or comment contents located outside of the 
primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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. Ms. Sheckler's telephone number is 404-562-9992. She can 
also be reached via electronic mail at Sheckler.Kelly@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Transportation Conformity

    Transportation conformity (hereafter referred to as ``conformity'') 
is required under section 176(c) of the CAA to ensure that federally 
supported highway and transit activities are consistent with (``conform 
to'') the purpose of the SIP. Conformity currently applies to areas 
that are designated nonattainment, and to areas that have been 
redesignated to attainment after 1990 (i.e., maintenance areas) with 
plans developed under section 175A of the Act, for the following 
transportation related criteria pollutants: Ozone, particulate matter 
(e.g., PM2.5 and PM10), carbon monoxide, and 
nitrogen dioxide.
    Conformity to the purpose of the SIP means that transportation 
activities will not cause or contribute to new air quality violations, 
worsen existing violations, or delay timely attainment of the national 
ambient air quality standards (NAAQS) for the relevant criteria 
pollutants. The conformity regulation is found in 40 CFR part 93 and 
provisions related to conformity SIPs are found in 40 CFR 51.390.

II. Background for This Action

A. Federal Requirements

    EPA promulgated the Federal transportation conformity criteria and 
procedures (``Conformity Rule'') on November 24, 1993. 58 FR 62188. 
Among other things, the rule required states to address all provisions 
of the conformity rule in their SIPs, frequently referred to as 
``conformity SIPs.'' Under 40 CFR 51.390, most sections of the 
Conformity Rule were required to be copied verbatim into the SIP. 
States were also required to tailor all or portions of the following 
three sections of the Conformity Rule to the state's individual 
circumstances: 40 CFR 93.105, which addresses consultation procedures; 
40 CFR 93.122(a)(4)(ii), which addresses written commitments to control 
measures that are not included in a MPO's transportation plan and 
transportation improvement program that must be obtained prior to a 
conformity determination, and the requirement that such commitments 
must be fulfilled; and 40 CFR 93.125(c), which addresses written 
commitments to mitigation measures that must be obtained prior to a 
project-level conformity determination, and the requirement that 
project sponsors must comply with such commitments.
    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 CAA transportation 
conformity provisions. One of the changes streamlined the requirements 
for conformity SIPs. Under SAFETEA-LU, states are required to address 
and tailor only three sections of the rule in their conformity SIPs: 40 
CFR 93.105, 40 CFR 93.122(a)(4)(ii), and, 40 CFR 93.125(c), described 
above. In general, states are no longer required to submit conformity 
SIP revisions that address the other sections of the Conformity Rule. 
These changes took effect on August 10, 2005, when SAFETEA-LU was 
signed into law.

B. South Carolina Transportation Conformity SIP

    The Conformity Rule requires the states to develop their own 
processes and procedures for interagency consultation among the 
Federal, state, and local agencies and resolution of conflicts meeting 
the criteria in 40 CFR 93.105. The conformity SIP revision must include 
processes and procedures to be followed by the MPO, state DOT, and US 
DOT in consulting with the state and local air quality agencies and EPA 
before making conformity determinations. The SIP revision must also 
include processes and procedures for the state and local air quality 
agencies and EPA to coordinate the development of applicable SIPs with 
MPOs, state DOTs, and the US DOT.
    In 2004, EPA approved the State of South Carolina's initial 
conformity SIP revision which incorporated by reference 40 CFR part 93, 
subpart A (67 FR 50808), and customized 40 CFR 93.105, 
93.122(a)(4)(ii), and 93.125(c) for all of the MPOs in the entire state 
and for the South Carolina Department of Transportation (SC DOT). 69 FR 
4245. Specifically, the State of South Carolina established a MOA for 
implementing the conformity criteria and consultation procedures for 
all transportation-related pollutants. On July 28, 2009, EPA approved a 
revision to the SC MOA to address the relevant NAAQS and SAFTEA-LU 
amendments. 74 FR 37168.

III. State Submittal and EPA Evaluation

    On October 13, 2015, the State of South Carolina, through SC DHEC, 
submitted the Statewide conformity and interagency consultation SIP, 
based on a new MOA signed by all of the MPOs in the State \1\ and SC 
DOT, to EPA as a revision to the SIP. The SIP revision establishes 
procedures for interagency consultation and, upon EPA approval, 
supersedes the SIP revision that EPA approved on July 28, 2009. See 74 
FR 37168.
---------------------------------------------------------------------------

    \1\ Although South Carolina currently has only one nonattainment 
area (i.e., a portion of York County) for the 2008 8-hour ozone 
NAAQS, its MOA covers all of the MPOs in the State should any new 
areas become subject to conformity requirements for a 
transportation-related pollutant in the future.
---------------------------------------------------------------------------

    Specifically, the SC DEHC is now proposing certain updates, 
including a reorganization that incorporates Exhibits 1 and 2 to the 
previous MOA into the new MOA itself, as well as the addition of the 
Lowcountry Area Transportation Study (LATS) to the list of MPOs which 
are signatories to the MOA. LATS is a newly established MPO that 
represents a new urbanized area designated as a result of the 2010 
Census. LATS covers the Town of Hilton Head Island, the Town of 
Bluffton, and parts of unincorporated Beaufort County. The State also 
seeks approval of the following additional changes from the old MOA: 
Clarification of the responsibilities of the MPOs, grammar and 
punctuation changes, recodification of sections C, D and E for ease of 
reading, the addition of language to specifically address the 
requirements of 40 CFR 93.122(a)(4)(ii) and 93.125(c), and the addition 
of a new ``General Provisions'' section (section F).
    As noted in EPA's 2009 approval, 74 FR 37168, the State of South 
Carolina developed its consultation SIP based on the elements contained 
in 40 CFR 93.105, 93.122(a)(4)(ii), and 93.125(c) and included it in 
the SIP. As a first step, the State worked with the existing 
transportation planning organization's interagency committee that 
included representatives from the SC DHEC; SC DOT; all of the MPOs in 
the State; Federal Highway Administration--South Carolina Division; 
Federal Transit Administration; and the Region 4 office of EPA. The 
interagency committee met

[[Page 19497]]

regularly and drafted the consultation procedures, considering elements 
in 40 CFR 93.105, 93.122(a)(4)(ii), and 93.125(c), and integrated the 
local procedures and processes into the MOA. The resulting consultation 
process developed is unique to the State of South Carolina. SC DHEC 
offered the opportunity for a public hearing regarding the new MOA on 
January 6, 2015, but no hearing was requested and thus none was held. 
No comments, written or oral, were received from the public. The final 
MOA was issued by South Carolina on October 13, 2015, and subsequently 
submitted to EPA as a SIP revision.
    EPA has evaluated this SIP revision and has determined that the 
State has met the requirements of federal transportation conformity 
rules as described in 40 CFR part 51, subpart T and 40 CFR part 93, 
subpart A. SC DHEC has satisfied the public participation and 
comprehensive interagency consultation requirement during development 
and adoption of the MOA at the local level. Therefore, EPA is approving 
the updated MOA as a revision to the South Carolina SIP.
    EPA has reviewed the submittal to assure consistency with the CAA 
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.

IV. Final Action

    EPA is taking direct final action under sections 110 and 176 of the 
Act to approve the rule implementing the conformity criteria and 
consultation procedures revision to the South Carolina SIP pursuant to 
the CAA, as a revision to the South Carolina SIP. This action also 
establishes consultation procedures for all counties in South Carolina. 
As a result of this action, South Carolina's previously SIP-approved 
conformity procedures at 74 FR 37168 will be replaced by the procedures 
submitted to EPA on October 13, 2015, for approval and adopted by State 
of South Carolina on October 23, 2015.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective June 6, 2016 
without further notice unless the Agency receives adverse comments by 
May 5, 2016.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on June 6, 2016 and no 
further action will be taken on the proposed rule.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 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 CAA. 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 CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 6, 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 this issue of the 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).

[[Page 19498]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Incorporation by reference, 
Intergovernmental relations, Incorporation by reference Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: March 25, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.

    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 (PP)--South Carolina

0
2. Section 52.2120(e) is amended by adding an entry at the end of the 
table for ``South Carolina Transportation Conformity Air Quality 
Implementation Plan'' to read as follows:


Sec.  52.2120(e)  Identification of plan.

* * * * *
    (e) * * *

                              EPA Approved South Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                               State
                Provision                 effective date       EPA approval date              Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
South Carolina Transportation Conformity      10/23/2015  4/5/2016, [Insert citation
 Air Quality Implementation Plan.                          of publication]
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-07811 Filed 4-4-16; 8:45 am]
 BILLING CODE 6560-50-P
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