Air Plan Approval: Alabama; Transportation Conformity, 39035-39038 [2017-17241]
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EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued
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[FR Doc. 2017–17235 Filed 8–16–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0174; FRL–9966–29–
Region 4]
Air Plan Approval: Alabama;
Transportation Conformity
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a portion of
a revision to the Alabama State
Implementation plan (SIP) submitted by
the State of Alabama on May 8, 2013, for
the purpose of amending the
transportation conformity rules to be
consistent with Federal requirements.
DATES: This direct final rule is effective
October 16, 2017 without further notice,
unless EPA receives adverse comment
by September 18, 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–2017–0174 at https://
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SUMMARY:
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General Conformity
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General Provisions
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8/17/17, [Insert Federal
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Subdivision A. is amended to address revoked federal standards.
Previous approval 12/12/11.
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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. The
telephone number is (404) 562–9222.
Ms. Sheckler can also be reached via
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Subdivision B. is amended to address revoked federal standards.
Previous approval 11/20/09.
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.
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Part II
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5–160–30 .......
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General Provisions
9 VAC 5, Chapter 160
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Explanation
[former SIP citation]
EPA approval date
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electronic mail at sheckler.kelly@
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
November 24, 1993 (58 FR 62188),
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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. Transportation Conformity Provisions
Affected by the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU)
On August 10, 2005, the SAFETEA–
LU was signed into law and provided
changes to the CAA that streamlined the
requirements for conformity SIPs at
section 176(c). Prior to SAFETEA–LU,
states were required to address all of the
Federal conformity rule’s provisions in
their conformity SIPs. After SAFETEA–
LU amended CAA section 176(c)(4)(E)
and EPA revised 40 CFR 51.390 to be
consistent with those amendments,
states are required to address and tailor
only three sections of the conformity
rule in their transportation conformity
SIPs. (The requirement that states adopt
the Federal conformity rule verbatim
results in the need for states to submit
a SIP revision within one year of EPA’s
adoption of any changes, including
minor changes, to the rule.) The three
sections of the federal rule which must
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meet a state’s individual circumstances
are: 40 CFR 93.105, which addresses
consultation procedures; 40 CFR
93.122(a)(4)(ii), which requires that
written commitments be obtained for
control measures that are not included
in a Metropolitan Planning
Organization’s transportation plan and
transportation improvement program
prior to a conformity determination, and
that such commitments be fulfilled; and,
40 CFR 93.125(c) which requires that
written commitments be obtained for
mitigation measures prior to a project
level conformity determination, and that
project sponsors must comply with such
commitments. In general, states are no
longer required to submit conformity
SIP revisions that address the other
sections of the conformity rule, and they
are able to streamline their SIPapproved conformity requirements
consistent with changes made through
SAFETEA–LU.
D. Prior Approval of Alabama
Conformity SIP Revisions
EPA has approved several revisions to
the Alabama SIP to incorporate
transportation conformity requirements
consistent with the Federal regulations.
Initially, on May 11, 2000, EPA
approved Alabama’s SIP revision to
address consultation requirements for
transportation conformity. See 65 FR
30358. On March 26, 2009, EPA
approved revisions to the transportation
conformity requirements in the Alabama
SIP to cover the specific applicable
areas and address new requirements
related to both the 8-hour ozone and
PM2.5 NAAQS. See FR 74 13118. EPA
also approved a subsequent revision to
Alabama’s transportation conformity
requirements on September 26, 2012.
See 77 FR 59100.
II. Analysis of State’s Submittal
On May 8, 2013, the Alabama
Department of Environmental
Management submitted a SIP revision to
EPA to make two changes to its
transportation conformity requirements.
First, the State changed its regulations at
Alabama Administrative Code section
335–3–17–.01, Transportation
Conformity, to reflect the January 24,
2008 (73 FR 4420) amendments to 40
CFR part 93, subpart A that address the
2005 SAFETEA–LU. That change in
Alabama’s regulation streamlines the
State’s transportation conformity SIP to
include only §§ 93.105, 93.122(a)(4)(ii)
and 93.125(c), consistent with Federal
requirements, and not the provisions of
40 CFR 93 in entirety.
On March 14, 2012, EPA finalized the
rule entitled ‘‘Transportation
Conformity Rule Restructuring
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Amendments.’’ See 77 FR 14979.
Through that final action, EPA
restructured several sections of the
transportation conformity rule so that
they apply to any new or revised
NAAQS. Specifically, EPA amended
§§ 93.101, 93.105, 93.109, 93.116,
93.118, 93.119, and 93.121 of the
Transportation Conformity Rule. In its
May 8, 2013, SIP revision, Alabama
requests that EPA incorporates by
reference subsequent Federal changes
EPA promulgated in the Transportation
Conformity Rule Restructuring
Amendments. Although Alabama’s
submission mentions that it is
incorporating by reference provisions in
EPA’s Transportation Conformity Rule
Restructuring Amendments, the only
relevant portion for incorporation by
reference is the change that EPA made
to section 93.105 because, in this same
submission, Alabama changed the State
regulations and transportation
conformity requirements in its SIP to
address only §§ 93.105, 93.122(a)(4)(ii)
and 93.125(c), in accordance with EPA’s
regulations. The changes EPA made to
§ 93.105 were administrative in nature
and involved updates to citations,
revision of introductory paragraphs, and
redesignating paragraphs.
EPA has reviewed Alabama’s
submittal to ensure consistency with the
current CAA, as amended by
SAFETEA–LU, and EPA regulations
governing state procedures for
transportation and general conformity
(40 CFR part 93, subparts A and B). The
May 8, 2013, SIP revision, upon final
approval by EPA, removes specific
provisions of Alabama Administrative
Code section 335–3–17–.01,
‘‘Transportation Conformity,’’ from the
SIP that are no longer required in light
of the SAFETEA–LU amendments. With
the removal of these specific provisions
of 335–3–17–.01 from the SIP, the
federal rules in 40 CFR part 93, subpart
A will directly govern transportation
conformity of federal actions in the
State of Alabama. This revision
complies with the requirements of CAA
section 176(c)(4)(e) and 40 CFR
51.390(b). 40 CFR part 93, subpart A
continues to subject certain Federal
actions to transportation conformity
requirements without the need for
identical state rules and SIPs. Therefore,
repealing the State rule will not impact
continuity of the transportation
conformity program in Alabama.
III. Incorporation by Reference
In this rule, EPA is proposing 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
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proposing to incorporate by reference
the ADEM. Regulation chapter 335–3–
17.01 entitled ‘‘Transportation
Conformity,’’ effective May 28, 2013,
which incorporates by reference the
Federal Transportation Conformity Rule
that was restructured and amended on
March 14, 2012 (77 FR 14979). 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 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 revision to the
Alabama SIP regarding the State’s
transportation conformity requirements.
The approval of Alabama’s conformity
SIP revisions will align the Alabama SIP
with the current federal conformity
requirements, as amended by
SAFETEA–LU, and the most recent EPA
regulations governing state procedures
for transportation conformity.
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 18, 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 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 October 16,
2017 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
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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
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39037
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 4, 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 B—Alabama
2. Section 52.50(c) is amended by
revising the entry for ‘‘Section 335–3–
17-.01’’ to read as follows:
■
§ 52.50
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EPA APPROVED ALABAMA REGULATIONS
State citation
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Section 335–3–17–.01 .................
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 372
[EPA–HQ–OPPT–2017–0197; FRL–9964–77]
RIN 2070–AK32
Community Right-To-Know; Adopting
2017 North American Industry
Classification System (NAICS) Codes
for Toxics Release Inventory (TRI)
Reporting
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is updating the list of
North American Industry Classification
System (NAICS) codes subject to
reporting under the Toxics Release
Inventory (TRI) to reflect the Office of
Management and Budget (OMB) 2017
NAICS code revision. As a result of this
action, facilities would be required to
use 2017 NAICS codes when reporting
to TRI beginning with TRI reporting
forms that are due on July 1, 2018,
covering releases and other waste
management quantities for the 2017
calendar year. EPA is also modifying the
list of exceptions and limitations
associated with NAICS codes in the CFR
for TRI reporting purposes by deleting
the descriptive text. EPA believes that
these amendments are non-controversial
and does not expect to receive any
adverse comments. However, in
addition to this direct final rule,
elsewhere in this issue of the Federal
Register, EPA is issuing the same
amendment as a Notice of Proposed
Rulemaking that will be used in the
event that adverse comment is received.
If EPA receives no adverse comment,
the Agency will not take further action
on the proposed rule and the direct final
rule will become effective as provided
in this action. If EPA receives relevant
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Explanation
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Conformity of Federal Actions to State Implementation Plans
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[FR Doc. 2017–17241 Filed 8–16–17; 8:45 am]
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Chapter No. 335–3–17
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Title/subject
5/28/2013
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of publication].
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adverse comment, the Agency will
publish a timely withdrawal in the
Federal Register informing the public
that this direct final action will not take
effect and directing them to the Notice
of Proposed Rulemaking. EPA would
then address all relevant adverse public
comments in a subsequent final rule.
DATES: This final rule is effective on
November 15, 2017 without further
notice, unless EPA receives adverse
comment by September 18, 2017. If EPA
receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect and
directing them to the Notice of Proposed
Rulemaking that appears elsewhere in
this issue of the Federal Register.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2007–0197, is
available at https://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPPT
Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Stephanie Griffin, Toxics Release
Inventory Program Division, Mailcode
7410M, Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–1463; email address:
griffin.stephanie@epa.gov.
For general information contact: The
Emergency Planning and Community
Right-to-Know Information Center;
telephone number: (800) 424–9346, TDD
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(800) 553–7672; Web site: https://
www.epa.gov/home/epa-hotlines.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by
this action if you own or operate
facilities that have 10 or more full-time
employees or the equivalent of 20,000
employee hours per year that
manufacture, process, or otherwise use
toxic chemicals listed on the TRI, and
that are required under section 313 of
the Emergency Planning and
Community Right-to-Know Act (EPCRA)
or section 6607 of the Pollution
Prevention Act (PPA) to report annually
to EPA and States or Tribes their
environmental releases or other waste
management quantities of covered
chemicals. (A rule was published on
April 19, 2012 (77 FR 23409), requiring
facilities located in Indian country to
report to the appropriate tribal
government official and EPA instead of
to the state and EPA.)
The following list of North American
Industrial Classification System
(NAICS) codes is not intended to be
exhaustive, but rather provides a guide
to help readers determine whether this
document applies to them. Potentially
affected entities may include:
• Facilities included in the following
NAICS manufacturing codes
(corresponding to Standard Industrial
Classification (SIC) codes 20 through
39): 311*, 312*, 313*, 314*, 315*, 316,
321, 322, 323*, 324, 325*, 326*, 327,
331, 332, 333, 334*, 335*, 336, 337*,
339*, 111998*, 211112*, 212324*,
212325*, 212393*, 212399*, 488390*,
511110, 511120, 511130, 511140*,
511191, 511199, 512220, 512230*,
519130*, 541712*, or 811490*.
(*Exceptions and/or limitations exist for
these NAICS codes.)
• Facilities included in the following
NAICS codes (corresponding to SIC
codes other than SIC codes 20 through
39): 212111, 212112, 212113
(corresponds to SIC code 12, Coal
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]]>Agencies
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Rules and Regulations]
[Pages 39035-39038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17241]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0174; FRL-9966-29-Region 4]
Air Plan Approval: Alabama; Transportation Conformity
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion of a revision to the Alabama State Implementation plan (SIP)
submitted by the State of Alabama on May 8, 2013, for the purpose of
amending the transportation conformity rules to be consistent with
Federal requirements.
DATES: This direct final rule is effective October 16, 2017 without
further notice, unless EPA receives adverse comment by September 18,
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-2017-0174 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: 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. The telephone number is (404) 562-9222. Ms. Sheckler can
also be reached via electronic mail at sheckler.kelly@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 November
24, 1993 (58 FR 62188),
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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. Transportation Conformity Provisions Affected by the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU)
On August 10, 2005, the SAFETEA-LU was signed into law and provided
changes to the CAA that streamlined the requirements for conformity
SIPs at section 176(c). Prior to SAFETEA-LU, states were required to
address all of the Federal conformity rule's provisions in their
conformity SIPs. After SAFETEA-LU amended CAA section 176(c)(4)(E) and
EPA revised 40 CFR 51.390 to be consistent with those amendments,
states are required to address and tailor only three sections of the
conformity rule in their transportation conformity SIPs. (The
requirement that states adopt the Federal conformity rule verbatim
results in the need for states to submit a SIP revision within one year
of EPA's adoption of any changes, including minor changes, to the
rule.) The three sections of the federal rule which must meet a state's
individual circumstances are: 40 CFR 93.105, which addresses
consultation procedures; 40 CFR 93.122(a)(4)(ii), which requires that
written commitments be obtained for control measures that are not
included in a Metropolitan Planning Organization's transportation plan
and transportation improvement program prior to a conformity
determination, and that such commitments be fulfilled; and, 40 CFR
93.125(c) which requires that written commitments be obtained for
mitigation measures prior to a project level conformity determination,
and that project sponsors must comply with such commitments. In
general, states are no longer required to submit conformity SIP
revisions that address the other sections of the conformity rule, and
they are able to streamline their SIP-approved conformity requirements
consistent with changes made through SAFETEA-LU.
D. Prior Approval of Alabama Conformity SIP Revisions
EPA has approved several revisions to the Alabama SIP to
incorporate transportation conformity requirements consistent with the
Federal regulations. Initially, on May 11, 2000, EPA approved Alabama's
SIP revision to address consultation requirements for transportation
conformity. See 65 FR 30358. On March 26, 2009, EPA approved revisions
to the transportation conformity requirements in the Alabama SIP to
cover the specific applicable areas and address new requirements
related to both the 8-hour ozone and PM2.5 NAAQS. See FR 74
13118. EPA also approved a subsequent revision to Alabama's
transportation conformity requirements on September 26, 2012. See 77 FR
59100.
II. Analysis of State's Submittal
On May 8, 2013, the Alabama Department of Environmental Management
submitted a SIP revision to EPA to make two changes to its
transportation conformity requirements. First, the State changed its
regulations at Alabama Administrative Code section 335-3-17-.01,
Transportation Conformity, to reflect the January 24, 2008 (73 FR 4420)
amendments to 40 CFR part 93, subpart A that address the 2005 SAFETEA-
LU. That change in Alabama's regulation streamlines the State's
transportation conformity SIP to include only Sec. Sec. 93.105,
93.122(a)(4)(ii) and 93.125(c), consistent with Federal requirements,
and not the provisions of 40 CFR 93 in entirety.
On March 14, 2012, EPA finalized the rule entitled ``Transportation
Conformity Rule Restructuring Amendments.'' See 77 FR 14979. Through
that final action, EPA restructured several sections of the
transportation conformity rule so that they apply to any new or revised
NAAQS. Specifically, EPA amended Sec. Sec. 93.101, 93.105, 93.109,
93.116, 93.118, 93.119, and 93.121 of the Transportation Conformity
Rule. In its May 8, 2013, SIP revision, Alabama requests that EPA
incorporates by reference subsequent Federal changes EPA promulgated in
the Transportation Conformity Rule Restructuring Amendments. Although
Alabama's submission mentions that it is incorporating by reference
provisions in EPA's Transportation Conformity Rule Restructuring
Amendments, the only relevant portion for incorporation by reference is
the change that EPA made to section 93.105 because, in this same
submission, Alabama changed the State regulations and transportation
conformity requirements in its SIP to address only Sec. Sec. 93.105,
93.122(a)(4)(ii) and 93.125(c), in accordance with EPA's regulations.
The changes EPA made to Sec. 93.105 were administrative in nature and
involved updates to citations, revision of introductory paragraphs, and
redesignating paragraphs.
EPA has reviewed Alabama's submittal to ensure consistency with the
current CAA, as amended by SAFETEA-LU, and EPA regulations governing
state procedures for transportation and general conformity (40 CFR part
93, subparts A and B). The May 8, 2013, SIP revision, upon final
approval by EPA, removes specific provisions of Alabama Administrative
Code section 335-3-17-.01, ``Transportation Conformity,'' from the SIP
that are no longer required in light of the SAFETEA-LU amendments. With
the removal of these specific provisions of 335-3-17-.01 from the SIP,
the federal rules in 40 CFR part 93, subpart A will directly govern
transportation conformity of federal actions in the State of Alabama.
This revision complies with the requirements of CAA section
176(c)(4)(e) and 40 CFR 51.390(b). 40 CFR part 93, subpart A continues
to subject certain Federal actions to transportation conformity
requirements without the need for identical state rules and SIPs.
Therefore, repealing the State rule will not impact continuity of the
transportation conformity program in Alabama.
III. Incorporation by Reference
In this rule, EPA is proposing 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
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proposing to incorporate by reference the ADEM. Regulation chapter 335-
3-17.01 entitled ``Transportation Conformity,'' effective May 28, 2013,
which incorporates by reference the Federal Transportation Conformity
Rule that was restructured and amended on March 14, 2012 (77 FR 14979).
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 the For Further Information
Contact section of this preamble for more information).
IV. Final Action
Pursuant to section 110 of the CAA, EPA is approving the revision
to the Alabama SIP regarding the State's transportation conformity
requirements. The approval of Alabama's conformity SIP revisions will
align the Alabama SIP with the current federal conformity requirements,
as amended by SAFETEA-LU, and the most recent EPA regulations governing
state procedures for transportation conformity.
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 18, 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 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 October 16, 2017 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 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 4, 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 B--Alabama
0
2. Section 52.50(c) is amended by revising the entry for ``Section 335-
3-17-.01'' to read as follows:
Sec. 52.50 Identification of plan.
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(c) * * *
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EPA Approved Alabama Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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Chapter No. 335-3-17 Conformity of Federal Actions to State Implementation Plans
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Section 335-3-17-.01.............. Transportation 5/28/2013 8/17/2017 [Insert citation of
Conformity. publication].
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[FR Doc. 2017-17241 Filed 8-16-17; 8:45 am]
BILLING CODE 6560-50-P
