Air Plan Approval; Michigan; Transportation Conformity Procedures, 17134-17136 [2017-07029]
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17134
Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations
[FR Doc. 2017–07028 Filed 4–7–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0705; FRL–9960–81–
Region 5]
Air Plan Approval; Michigan;
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) and particulate
matter (PM2.5), submitted by the State of
Michigan on October 3, 2016. 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 is effective
June 9, 2017, unless EPA receives
adverse comments by May 10, 2017. 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–2016–0705 at https://
www.regulations.gov or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, 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 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, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
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SUMMARY:
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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:
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 Michigan’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 part 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
transportation related criteria pollutants
listed in 40 CFR 93.102(b)(1). Michigan
currently has maintenance areas for CO
and PM2.5.
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.
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II. What is EPA’s analysis of Michigan’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.
Michigan concluded that this SIP
revision in the form of a MOA will be
enforceable through a number of
Michigan 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 Michigan. Michigan
collaborated with the Michigan
Department of Transportation (MDOT),
the EPA, the Federal Highway
Administration (FHWA), the Federal
Transit Administration (FTA), and the
Southeast Michigan Council of
Governments, 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
Organization (MPO), MDOT, the FHWA
and the FTA, in consultation with the
state and local air quality agencies and
EPA before making transportation
conformity determinations. Michigan’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)).
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Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations
EPA’s review of the Michigan 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.
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III. What action is EPA taking?
EPA is approving a SIP revision
submitted by the State of Michigan, 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 June 9, 2017 without further
notice unless we receive relevant
adverse written comments by May 10,
2017. 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
June 9, 2017.
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
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additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Act; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
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17135
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 June 9, 2017. 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 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, Particulate
matter, Intergovernmental relations.
Dated: March 17, 2017.
Robert A. Kaplan,
Acting 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 52.1173 is amended by
adding paragraph (l) to read as follows:
■
§ 52.1173
Control strategy: Particulates.
*
*
*
*
*
(l) Approval—On October 3, 2016, the
State of Michigan submitted a revision
to their Particulate Matter State
Implementation Plan. The submittal
established transportation conformity
‘‘Conformity’’ criteria and procedures
related to interagency consultation, and
enforceability of certain transportation
related control and mitigation measures.
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Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations
3. Section 52.1179 is amended by
adding paragraph (c) to read as follows:
■
§ 52.1179 Control strategy: Carbon
monoxide.
*
*
*
*
*
(c) Approval—On October 3, 2016, the
State of Michigan submitted a revision
to their Carbon Monoxide State
Implementation Plan. The submittal
established transportation conformity
‘‘Conformity’’ criteria and procedures
related to interagency consultation, and
enforceability of certain transportation
related control and mitigation measures.
[FR Doc. 2017–07029 Filed 4–7–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2016–0784; FRL–9960–83–
Region 10]
Air Plan Approval; Washington:
General Regulations for Air Pollution
Sources, Southwest Clean Air Agency
Jurisdiction
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Washington State Implementation
Plan (SIP) that were submitted by the
Washington Department of Ecology
(Ecology) in coordination with
Southwest Clean Air Agency (SWCAA)
on December 20, 2016. In the fall of
2014 and spring of 2015, the EPA
approved numerous revisions to
Ecology’s general air quality regulations.
However, our approval of the updated
Ecology regulations applied only to
geographic areas where Ecology, and not
a local air agency, had jurisdiction, and
statewide, to source categories over
which Ecology had sole jurisdiction.
Under the Washington Clean Air Act,
local clean air agencies may adopt
equally stringent or more stringent
requirements in lieu of Ecology’s
general air quality regulations, if they so
choose. Therefore, the EPA stated that
we would evaluate the general air
quality regulations as they applied to
local jurisdictions in separate, future
actions. This final action approves the
submitted SWCAA general air quality
regulations to replace or supplement the
corresponding Ecology regulations for
sources in SWCAA’s jurisdiction,
including implementation of the minor
new source review and nonattainment
new source review permitting programs.
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SUMMARY:
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This action also approves a limited
subset of Ecology regulations, for which
there are no corresponding SWCAA
corollaries, to apply in SWCAA’s
jurisdiction.
This final rule is effective May
10, 2017.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2016–0784. All
documents in the docket are listed on
the https://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 the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the Internet and is publicly available
only in hard copy form. Publicly
available docket materials are available
at https://www.regulations.gov or at EPA
Region 10, Office of Air and Waste, 1200
Sixth Avenue, Seattle, Washington
98101. The EPA requests that 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 to 4:30,
excluding Federal holidays.
ADDRESSES:
Jeff
Hunt, Air Planning Unit, Office of Air
and Waste (OAW–150), Environmental
Protection Agency, Region 10, 1200
Sixth Ave, Suite 900, Seattle, WA
98101; telephone number: (206) 553–
0256; email address: hunt.jeff@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review
I. Background Information
On January 19, 2017, the EPA
proposed to approve revisions to
SWCAA’s general air quality regulations
and a limited subset of Ecology
regulations to apply in SWCAA’s
jurisdiction (82 FR 6413). An
explanation of the Clean Air Act (CAA)
requirements, a detailed analysis of the
revisions, and the EPA’s reasons for
proposing approval were provided in
the notice of proposed rulemaking, and
will not be restated here. The public
comment period for this proposed rule
ended on February 21, 2017. The EPA
received two, separate anonymous
comments on the proposal.
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II. Response to Comments
Comment #1: The commenter asserted
that the EPA’s proposed action is an
example of federal overreach on state
and local jurisdictions. The commenter
also stated that the EPA’s review and
proposed approval of the SWCAA
regulations violates the Tenth
Amendment to the United States
Constitution.
Response: Under the CAA, as
established and amended by Congress,
state and local authorities take the lead
in developing State Implementation
Plans (SIP) that implement, maintain,
and enforce the national ambient air
quality standards (NAAQS), which are
standards designed to protect public
health and welfare from air pollution. In
reviewing SIP submissions, the EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. 42 U.S.C. 7410(k); 40 CFR
52.02(a). In this case, EPA has done just
that—Washington elected to submit the
SWCAA and Ecology SIP revision to the
EPA, and the EPA has proposed to
approve the submission based on our
determination that it meets the
requirements of the CAA. We are now
finalizing our determination.
With respect to the claim that the
EPA’s action in approving this SIP
submittal violates the Tenth
Amendment, the Supreme Court has
repeatedly affirmed the constitutionality
of federal statutes, such as Section 110
of the CAA, that allow States to
administer federal programs but provide
for direct federal administration if a
State chooses not to administer it. See
Texas v. EPA, 726 F.3d 180, 196–7 (D.C.
Cir. 2013) (citing New York v. United
States, 505 U.S. 144, 167–8, 173–4
(1992); Hodel v. Va. Surface Mining &
Reclamation Ass’n, Inc., 452 U.S. 264m
288 (1981)).
Comment #2: A second commenter
wrote in support of the EPA’s proposed
approval of the SWCAA and Ecology
SIP revision.
Response: We are now finalizing our
proposed determination that the
SWCAA and Ecology SIP revision meets
the requirements of the CAA.
III. Final Action
A. Regulations Approved and
Incorporated by Reference Into the SIP
The EPA is approving, and
incorporating by reference, into the
Washington SIP at 40 CFR 52.2470(c)—
Table 8—Additional Regulations
Approved for the Southwest Clean Air
Agency (SWCAA) Jurisdiction, the
SWCAA and Ecology regulations listed
in Tables 1 and 2 below for sources
within SWCAA’s jurisdiction.
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Agencies
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Rules and Regulations]
[Pages 17134-17136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07029]
[[Page 17134]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0705; FRL-9960-81-Region 5]
Air Plan Approval; Michigan; 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) and
particulate matter (PM2.5), submitted by the State of
Michigan on October 3, 2016. 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 is effective June 9, 2017, unless EPA
receives adverse comments by May 10, 2017. 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-2016-0705 at https://www.regulations.gov or via email to
blakley.pamela@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, 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 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, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For 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: 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 Michigan'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 part 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 transportation related criteria
pollutants listed in 40 CFR 93.102(b)(1). Michigan currently has
maintenance areas for CO and PM2.5.
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 Michigan'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.
Michigan concluded that this SIP revision in the form of a MOA will
be enforceable through a number of Michigan 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 Michigan. Michigan collaborated with the Michigan Department
of Transportation (MDOT), the EPA, the Federal Highway Administration
(FHWA), the Federal Transit Administration (FTA), and the Southeast
Michigan Council of Governments, 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 Organization (MPO), MDOT, the FHWA and the FTA, in
consultation with the state and local air quality agencies and EPA
before making transportation conformity determinations. Michigan'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)).
[[Page 17135]]
EPA's review of the Michigan 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 Michigan,
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 June 9, 2017
without further notice unless we receive relevant adverse written
comments by May 10, 2017. 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 June 9, 2017.
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 (Public Law 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 9, 2017. 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 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, Particulate matter, Intergovernmental
relations.
Dated: March 17, 2017.
Robert A. Kaplan,
Acting 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 52.1173 is amended by adding paragraph (l) to read as
follows:
Sec. 52.1173 Control strategy: Particulates.
* * * * *
(l) Approval--On October 3, 2016, the State of Michigan submitted a
revision to their Particulate Matter State Implementation Plan. The
submittal established transportation conformity ``Conformity'' criteria
and procedures related to interagency consultation, and enforceability
of certain transportation related control and mitigation measures.
[[Page 17136]]
0
3. Section 52.1179 is amended by adding paragraph (c) to read as
follows:
Sec. 52.1179 Control strategy: Carbon monoxide.
* * * * *
(c) Approval--On October 3, 2016, the State of Michigan submitted a
revision to their Carbon Monoxide State Implementation Plan. The
submittal established transportation conformity ``Conformity'' criteria
and procedures related to interagency consultation, and enforceability
of certain transportation related control and mitigation measures.
[FR Doc. 2017-07029 Filed 4-7-17; 8:45 am]
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