Air Plan Approval: North Carolina; Transportation Conformity, 38838-38841 [2017-17251]
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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Regional haze, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: July 24, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations 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.
Subpart UU—Vermont
2. In § 52.2370, the table in paragraph
(e) is amended by adding the entry
‘‘Vermont Regional Haze Five-Year
Progress Report’’ at the end of the table
to read as follows:
■
§ 52.2370
*
Identification of plan.
*
*
(e) * * *
*
*
VERMONT NON-REGULATORY
Name of non-regulatory SIP provision
Applicable geographic
or nonattainment area
*
*
Vermont Regional Haze Five-Year
Progress Report.
*
Statewide ......................
[FR Doc. 2017–17247 Filed 8–15–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0454; FRL–9966–41–
Region 4]
Air Plan Approval: North Carolina;
Transportation Conformity
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a portion of
a revision to the North Carolina State
Implementation plan (SIP) submitted by
the State of North Carolina on March 24,
2006, for the purpose of clarifying the
State’s transportation conformity rules
consistent with Federal requirements.
DATES: This direct final rule is effective
October 16, 2017 without further notice,
unless EPA receives adverse comment
by September 15, 2017. 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–2017–0454 at https://
www.regulations.gov. Follow the online
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SUMMARY:
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State submittal date/
effective date
FOR FURTHER INFORMATION CONTACT:
Nacosta Ward, 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. The
telephone number is (404) 562–9140.
Ms. Ward can also be reached via
Frm 00018
Explanation
*
*
*
Submitted 2/29/2016 ..... 8/16/2017, [insert Federal Register citation].
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
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.
PO 00000
EPA approval date
Fmt 4700
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*
electronic mail at ward.nacosta@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Call to States for Conformity SIP
Revisions
In the Clean Air Act (CAA or Act),
Congress recognized that actions taken
by federal agencies could affect a State,
Tribal, or local agency’s ability to attain
and maintain the national ambient air
quality standards (NAAQS). Congress
added section 176(c) (42 U.S.C. 7506) to
the CAA to ensure federal agencies’
proposed actions conform to the
applicable SIP, Tribal Implementation
Plan (TIP), or Federal Implementation
Plan (FIP) for attaining and maintaining
the NAAQS. That section requires
federal entities to find that the
emissions from the federal action will
conform with the purposes of the SIP,
TIP, or FIP or not otherwise interfere
with the State’s or Tribe’s ability to
attain and maintain the NAAQS.
The CAA Amendments of 1990
clarified and strengthened the
provisions in section 176(c). Because
certain provisions of section 176(c)
apply only to highway and mass transit
funding and approvals actions, EPA
published two sets of regulations to
implement section 176(c). The
Transportation Conformity Regulations,
(40 CFR part 51, subpart T, and 40 CFR
part 93, subpart A) first published on
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November 24, 1993 (58 FR 62188),
address federal actions related to
highway and mass transit funding and
approval actions. The conformity
regulations have been revised numerous
times since then.
When promulgated in 1993, the
Federal Transportation Conformity Rule
at 40 CFR 51.395 mandated that the
transportation conformity SIP revisions
incorporate several provisions of the
rule in verbatim form, except insofar as
needed to give effect to a stated intent
in the revision to establish criteria and
procedures more stringent than the
requirements stated in these sections.
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B. What is transportation conformity?
Transportation conformity is required
under section 176(c) of the CAA to
ensure that federally-supported highway
projects, transit projects, and other
activities are consistent with (‘‘conform
to’’) the purpose of the SIP.
Transportation conformity currently
applies to areas that are designated
nonattainment, as well as those areas
redesignated to attainment after 1990
(maintenance areas), with plans
developed under section 175A of the
Act for the following transportation
related pollutants: Ozone, particulate
matter (PM2.5 and PM10), carbon
monoxide, and nitrogen dioxide.
Conformity to the purpose of the SIP
means that transportation activities will
not cause new air quality violations,
worsen existing violations, or delay
timely attainment of the relevant
NAAQS. The transportation conformity
regulation is found in 40 CFR part 93,
subpart A and provisions related to
conformity SIPs are found in 40 CFR
51.390.
C. Prior Approval of North Carolina
Conformity SIP Revisions
EPA has approved several revisions to
the North Carolina SIP to incorporate
transportation conformity requirements
consistent with the Federal regulations.
Initially, on December 27, 2002, EPA
approved North Carolina’s SIP revision
to address consultation requirements
and procedures which included
memoranda of agreements for areas in
North Carolina. See 67 FR 78983. On
September 15, 2003, EPA approved the
Mecklenburg-Union Metropolitan
Planning Organization interagency
transportation conformity memorandum
of agreement. See 68 FR 53883. EPA
also approved an update to North
Carolina’s transportation conformity
requirements on December 26, 2013, to
establish transportation conformity
criteria and procedures related to
interagency consultation, conflict
resolution, public participation, and
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enforceability of certain transportation
related control measures and mitigation
measures. See 78 FR 78272.
II. Analysis of State’s Submittal
On March 24, 2006, the North
Carolina Department of Environment
and Natural Resources (now the North
Carolina Department of Environmental
Quality) submitted a SIP revision to
EPA to clarify the applicability of the
State’s transportation conformity rules.
In this direct final rulemaking EPA is
taking action to approve changes to
regulation 15A NCAC Subchapter 2D,
Section .2001, Purpose, Scope and
Applicability. EPA has taken, will take,
or, for various reasons, will not take
separate action on all other revisions
submitted on March 24, 2006.1
The State explained in its submission
that North Carolina’s rule, as previously
written, could be read in two ways. One
way is that transportation conformity
rules apply to areas identified as
nonattainment or maintenance areas by
EPA in the Code of Federal Regulations
(CFR) or to areas listed in the rule.
North Carolina explained the second
way that their rule could be read is that
transportation conformity rules apply
only to areas identified as
nonattainment or maintenance areas by
the CFR and also identified in the rule.
North Carolina explained that the
State’s intent is to apply transportation
conformity rules to areas identified as
nonattainment or maintenance areas by
EPA in the CFR or to areas listed in the
rule. North Carolina also updated its
rule to clarify a vague statement in their
previous rule that read that
transportation conformity rules apply to
areas ‘‘not in compliance with the
primary standard.’’ The State replaced
this language with a more specific
reference to ozone and PM2.5 standards.
EPA has reviewed North Carolina’s
transportation conformity rule changes
to ensure consistency with Federal
transportation conformity requirements
at 40 CFR part 93, subpart A. North
Carolina’s clarification that
transportation conformity requirements
apply to areas identified as
nonattainment or maintenance areas by
1 On July 18, 2017, EPA took direct final action
on 15A NCAC 2D Sections .0101, .0103, .0810,
.1902, .1903 and 15A NCAC 2Q Sections .0103,
.0105, .0304, .0305, and .0808. See 82 FR 32767.
EPA will be taking separate action on 15A NCAC
2D Section.1904 and 2Q Sections .0101 and .0301.
EPA did not take action on 15A NCAC 2D Section
.1201. because this rule pertains to incinerators and
addresses emission guidelines under CAA sections
111(d) and 129 and 40 CFR part 60 and is not a part
of the federally-approved SIP. Regulation 15A
NCAC 2D Section .1401 was withdrawn by NCDEQ
on June 5, 2017. Regulation 15A NCAC 2Q Sections
.0508 and 0523 were not acted on because these are
title V rules and are not a part of the SIP.
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38839
EPA in the CFR or to areas listed in the
rule is consistent with the Federal
transportation conformity requirements
in that it does not require a change to
the State’s rules in order for the
requirements to apply. Pursuant to CAA
section 176(c) transportation conformity
requirements are applicable in relevant
nonattainment and maintenance areas
without a rule change by the State to be
in effect. Thus, EPA is taking direct final
action to approve the aforementioned
change to North Carolina’s
transportation conformity provisions as
found at 15A NCAC 2D Section .2001.
Additionally, EPA is proposing to
approve North Carolina’s change in
section (d) of 15A NCAC 2D Section
.2001 to clarify the vague statement that
transportation conformity requirements
apply to apply to areas ‘‘not in
compliance with the primary standard’’
by being more specific in identifying the
applicable primary standards of PM2.5
and ozone. This change is consistent
with Federal requirements that
transportation conformity requirements
do not apply in all areas ‘‘not in
compliance with the primary standard’’
but only in nonattainment and
maintenance areas for transportationrelated pollutants.2
III. Incorporation by Reference
In this rule, EPA is taking direct final
action to include in a final EPA rule
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of 15A NCAC Subchapter
2D, Section .2001, Purpose, Scope and
Applicability, effective November 10,
2005, which incorporates by reference
the Federal Transportation Conformity
Rule that was restructured and amended
on March 14, 2012 (77 FR 14979).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.3
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 4 Office
(please contact the person identified in
2 Transportation conformity requirements do not
apply in areas designated nonattainment (or
considered as maintenance areas) for lead or sulfur
dioxide, although these are primary standards.
3 62 FR 27968 (May 22, 1997).
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the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
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IV. Final Action
Pursuant to section 110 of the CAA,
EPA is approving the changes to the
North Carolina SIP regarding the State’s
transportation conformity requirements.
The approval of North Carolina’s
conformity SIP changes clarifies the
State rules and is consistent with
Federal transportation conformity
requirements.
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 October 16, 2017
without further notice unless the
Agency receives adverse comments by
September 15, 2017.
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 adverse 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 October 16,
2017 and no further action will be taken
on the proposed rule.
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, the Agency may
adopt as final those provisions of the
rule that are not the subject of an
adverse comment. Please note that if we
receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
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
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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
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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 October 16, 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 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: August 7, 2017.
V. Anne Heard
Acting Regional Administrator, Region 4.
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.
Subpart II—North Carolina
2. In § 52.1770 (c), Table 1 is amended
under Subchapter 2D Air Pollution
Control Requirements by revising the
entry for ‘‘Sect .2001’’ to read as follows:
■
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§ 52.1770
*
*
Identification of plan.
*
*
(c) * * *
*
TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS
State citation
State effective
date
Title/subject
*
*
*
*
Subchapter 2D
*
*
*
Purpose, Scope and Applicability.
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0436; FRL–9966–38–
Region 4]
Air Plan Approval; AL; VOC Definitions
and Particulate Emissions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
On May 19, 2017, the State of
Alabama, through the Alabama
Department of Environmental
Management (ADEM), submitted
changes to the Alabama State
Implementation Plan (SIP). The
Environmental Protection Agency (EPA)
is taking direct final action to approve
the submission. Specifically, the
revision pertains to definitional
changes, including the modification of
the definition of ‘‘volatile organic
compounds’’ (VOCs), correction of a
typographical error, and removal of
control of particulate emissions and
opacity limits. EPA is taking direct final
action to approve the SIP revision
because the State has demonstrated that
these changes are consistent with the
Clean Air Act (CAA or Act).
DATES: This direct final rule is effective
October 16, 2017 without further notice,
unless EPA receives adverse comment
by September 15, 2017. If adverse
comment is received, EPA 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.
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SUMMARY:
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*
*
*
I. Background
In this rulemaking, EPA is approving
changes to the Alabama SIP, submitted
by the State on May 19, 2017. The
submission revises ADEM Rule 335–3–
1–.02—Definitions and Rule 335–3–4–
Frm 00021
*
*
8/16/2017, [Insert first page of
publication].
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2017–0436 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
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:
Richard Wong, 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. The
telephone number is (404) 562–8726.
Mr. Wong can be reached via electronic
mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
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Transportation Conformity
ADDRESSES:
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Explanation
Air Pollution Control Requirements
Section .2000
Sect .2001 ...............................
EPA approval date
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.08—Wood Waste Boilers. This
rulemaking revises the definition of
VOCs, corrects a typographical error and
removes particulate emission and
opacity limits for Talladega County.
II. EPA’s Analysis of Alabama’s SIP
Revision
A. Rule 335–3–1–.02—Definitions
Tropospheric ozone, commonly
known as smog, occurs when VOCs and
nitrogen oxides (NOX) react with
sunlight in the atmosphere. Because of
the harmful health effects of ozone, EPA
limits the amount of VOCs and NOX that
can be released into the atmosphere.
VOCs are those compounds of carbon
(excluding carbon monoxide, carbon
dioxide, carbonic acid, metallic carbides
or carbonates, and ammonium
carbonate) that participate in
atmospheric photochemical reactions.
Different VOCs have different levels of
reactivity; they do not react at the same
speed or form ozone to the same extent.
EPA determines whether a given
carbon compound has ‘‘negligible’’
reactivity by comparing the compound’s
reactivity to the reactivity of ethane. It
has been EPA’s policy that compounds
of carbon with negligible reactivity need
not be regulated to reduce ozone. See 42
FR 35314, July 8, 1977. EPA lists these
compounds in its regulations at 40 CFR
51.100(s) and excludes them from the
definition of VOC. The chemicals on
this list are often called ‘‘negligibly
reactive.’’ EPA may periodically revise
the list of negligibly reactive
compounds to add or delete
compounds.
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]]>Agencies
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38838-38841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17251]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0454; FRL-9966-41-Region 4]
Air Plan Approval: North Carolina; Transportation Conformity
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion of a revision to the North Carolina State Implementation plan
(SIP) submitted by the State of North Carolina on March 24, 2006, for
the purpose of clarifying the State's transportation conformity rules
consistent with Federal requirements.
DATES: This direct final rule is effective October 16, 2017 without
further notice, unless EPA receives adverse comment by September 15,
2017. 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-2017-0454 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 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: Nacosta Ward, 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. The telephone number is (404) 562-9140. Ms. Ward can also
be reached via electronic mail at ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Call to States for Conformity SIP Revisions
In the Clean Air Act (CAA or Act), Congress recognized that actions
taken by federal agencies could affect a State, Tribal, or local
agency's ability to attain and maintain the national ambient air
quality standards (NAAQS). Congress added section 176(c) (42 U.S.C.
7506) to the CAA to ensure federal agencies' proposed actions conform
to the applicable SIP, Tribal Implementation Plan (TIP), or Federal
Implementation Plan (FIP) for attaining and maintaining the NAAQS. That
section requires federal entities to find that the emissions from the
federal action will conform with the purposes of the SIP, TIP, or FIP
or not otherwise interfere with the State's or Tribe's ability to
attain and maintain the NAAQS.
The CAA Amendments of 1990 clarified and strengthened the
provisions in section 176(c). Because certain provisions of section
176(c) apply only to highway and mass transit funding and approvals
actions, EPA published two sets of regulations to implement section
176(c). The Transportation Conformity Regulations, (40 CFR part 51,
subpart T, and 40 CFR part 93, subpart A) first published on
[[Page 38839]]
November 24, 1993 (58 FR 62188), address federal actions related to
highway and mass transit funding and approval actions. The conformity
regulations have been revised numerous times since then.
When promulgated in 1993, the Federal Transportation Conformity
Rule at 40 CFR 51.395 mandated that the transportation conformity SIP
revisions incorporate several provisions of the rule in verbatim form,
except insofar as needed to give effect to a stated intent in the
revision to establish criteria and procedures more stringent than the
requirements stated in these sections.
B. What is transportation conformity?
Transportation conformity is required under section 176(c) of the
CAA to ensure that federally-supported highway projects, transit
projects, and other activities are consistent with (``conform to'') the
purpose of the SIP. Transportation conformity currently applies to
areas that are designated nonattainment, as well as those areas
redesignated to attainment after 1990 (maintenance areas), with plans
developed under section 175A of the Act for the following
transportation related pollutants: Ozone, particulate matter
(PM2.5 and PM10), carbon monoxide, and nitrogen
dioxide. Conformity to the purpose of the SIP means that transportation
activities will not cause new air quality violations, worsen existing
violations, or delay timely attainment of the relevant NAAQS. The
transportation conformity regulation is found in 40 CFR part 93,
subpart A and provisions related to conformity SIPs are found in 40 CFR
51.390.
C. Prior Approval of North Carolina Conformity SIP Revisions
EPA has approved several revisions to the North Carolina SIP to
incorporate transportation conformity requirements consistent with the
Federal regulations. Initially, on December 27, 2002, EPA approved
North Carolina's SIP revision to address consultation requirements and
procedures which included memoranda of agreements for areas in North
Carolina. See 67 FR 78983. On September 15, 2003, EPA approved the
Mecklenburg-Union Metropolitan Planning Organization interagency
transportation conformity memorandum of agreement. See 68 FR 53883. EPA
also approved an update to North Carolina's transportation conformity
requirements on December 26, 2013, to establish transportation
conformity criteria and procedures related to interagency consultation,
conflict resolution, public participation, and enforceability of
certain transportation related control measures and mitigation
measures. See 78 FR 78272.
II. Analysis of State's Submittal
On March 24, 2006, the North Carolina Department of Environment and
Natural Resources (now the North Carolina Department of Environmental
Quality) submitted a SIP revision to EPA to clarify the applicability
of the State's transportation conformity rules. In this direct final
rulemaking EPA is taking action to approve changes to regulation 15A
NCAC Subchapter 2D, Section .2001, Purpose, Scope and Applicability.
EPA has taken, will take, or, for various reasons, will not take
separate action on all other revisions submitted on March 24, 2006.\1\
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\1\ On July 18, 2017, EPA took direct final action on 15A NCAC
2D Sections .0101, .0103, .0810, .1902, .1903 and 15A NCAC 2Q
Sections .0103, .0105, .0304, .0305, and .0808. See 82 FR 32767. EPA
will be taking separate action on 15A NCAC 2D Section.1904 and 2Q
Sections .0101 and .0301. EPA did not take action on 15A NCAC 2D
Section .1201. because this rule pertains to incinerators and
addresses emission guidelines under CAA sections 111(d) and 129 and
40 CFR part 60 and is not a part of the federally-approved SIP.
Regulation 15A NCAC 2D Section .1401 was withdrawn by NCDEQ on June
5, 2017. Regulation 15A NCAC 2Q Sections .0508 and 0523 were not
acted on because these are title V rules and are not a part of the
SIP.
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The State explained in its submission that North Carolina's rule,
as previously written, could be read in two ways. One way is that
transportation conformity rules apply to areas identified as
nonattainment or maintenance areas by EPA in the Code of Federal
Regulations (CFR) or to areas listed in the rule. North Carolina
explained the second way that their rule could be read is that
transportation conformity rules apply only to areas identified as
nonattainment or maintenance areas by the CFR and also identified in
the rule. North Carolina explained that the State's intent is to apply
transportation conformity rules to areas identified as nonattainment or
maintenance areas by EPA in the CFR or to areas listed in the rule.
North Carolina also updated its rule to clarify a vague statement in
their previous rule that read that transportation conformity rules
apply to areas ``not in compliance with the primary standard.'' The
State replaced this language with a more specific reference to ozone
and PM2.5 standards.
EPA has reviewed North Carolina's transportation conformity rule
changes to ensure consistency with Federal transportation conformity
requirements at 40 CFR part 93, subpart A. North Carolina's
clarification that transportation conformity requirements apply to
areas identified as nonattainment or maintenance areas by EPA in the
CFR or to areas listed in the rule is consistent with the Federal
transportation conformity requirements in that it does not require a
change to the State's rules in order for the requirements to apply.
Pursuant to CAA section 176(c) transportation conformity requirements
are applicable in relevant nonattainment and maintenance areas without
a rule change by the State to be in effect. Thus, EPA is taking direct
final action to approve the aforementioned change to North Carolina's
transportation conformity provisions as found at 15A NCAC 2D Section
.2001. Additionally, EPA is proposing to approve North Carolina's
change in section (d) of 15A NCAC 2D Section .2001 to clarify the vague
statement that transportation conformity requirements apply to apply to
areas ``not in compliance with the primary standard'' by being more
specific in identifying the applicable primary standards of
PM2.5 and ozone. This change is consistent with Federal
requirements that transportation conformity requirements do not apply
in all areas ``not in compliance with the primary standard'' but only
in nonattainment and maintenance areas for transportation-related
pollutants.\2\
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\2\ Transportation conformity requirements do not apply in areas
designated nonattainment (or considered as maintenance areas) for
lead or sulfur dioxide, although these are primary standards.
---------------------------------------------------------------------------
III. Incorporation by Reference
In this rule, EPA is taking direct final action to include in a
final EPA rule regulatory text that includes incorporation by
reference. In accordance with requirements of 1 CFR 51.5, EPA is
finalizing the incorporation by reference of 15A NCAC Subchapter 2D,
Section .2001, Purpose, Scope and Applicability, effective November 10,
2005, which incorporates by reference the Federal Transportation
Conformity Rule that was restructured and amended on March 14, 2012 (77
FR 14979). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference by
the Director of the Federal Register in the next update to the SIP
compilation.\3\ EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 4 Office (please contact the person identified in
[[Page 38840]]
the For Further Information Contact section of this preamble for more
information).
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\3\ 62 FR 27968 (May 22, 1997).
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IV. Final Action
Pursuant to section 110 of the CAA, EPA is approving the changes to
the North Carolina SIP regarding the State's transportation conformity
requirements. The approval of North Carolina's conformity SIP changes
clarifies the State rules and is consistent with Federal transportation
conformity requirements.
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 October 16, 2017
without further notice unless the Agency receives adverse comments by
September 15, 2017.
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 adverse 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 October 16, 2017 and no
further action will be taken on the proposed rule.
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, the Agency may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, we may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
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 October 16, 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 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: August 7, 2017.
V. Anne Heard
Acting 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 II--North Carolina
0
2. In Sec. 52.1770 (c), Table 1 is amended under Subchapter 2D Air
Pollution Control Requirements by revising the entry for ``Sect .2001''
to read as follows:
[[Page 38841]]
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
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Subchapter 2D Air Pollution Control Requirements
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Section .2000 Transportation Conformity
----------------------------------------------------------------------------------------------------------------
Sect .2001....................... Purpose, Scope and 11/10/2005 8/16/2017, [Insert ...................
Applicability. first page of
publication].
* * * * * * *
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* * * * *
[FR Doc. 2017-17251 Filed 8-15-17; 8:45 am]
BILLING CODE 6560-50-P
