Air Plan Approval: Alabama; Transportation Conformity, 47383-47385 [2017-21930]
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0174; FRL–9969–24–
Region 4]
Air Plan Approval: Alabama;
Transportation Conformity
Environmental Protection
Agency (EPA).
ACTION: 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 rule is effective November
13, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0174. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, 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.
jstallworth on DSKBBY8HB2PROD with RULES
SUMMARY:
SUPPLEMENTARY INFORMATION:
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I. Background
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 part 93 in entirety.
On March 14, 2012 (77 FR 14979),
EPA finalized the rule entitled
‘‘Transportation Conformity Rule
Restructuring Amendments.’’ 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 § 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 Clean Air Act (CAA or Act), 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
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47383
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.
In a direct final rule published on
August 17, 2017 (82 FR 39035), EPA
took a direct final action to approve the
portions of the May 8, 2013, submittal
that 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. In the
direct final rulemaking, EPA established
that the rule would become effective 60
days after publication in the Federal
Register and without further notice,
unless EPA received adverse comment
within 30 days of the publication. If
EPA received such comments, it would
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect. Comments on the
rulemaking were due on or before
September 18, 2017.
EPA received one adverse comment
on the direct final rulemaking, and as a
result, elsewhere in this issue of the
Federal Register, the EPA has taken a
separate action to withdraw the direct
final rule. Nevertheless, the rationale for
EPA’s action still remains and the only
addition in this final rulemaking is the
response to the adverse comment
received. The details of Alabama’s SIP
revisions and the rationale for EPA’s
action are further explained in the direct
final rule published August 17, 2017 (82
FR 39035). Below is a summary of the
comment received and EPA’s response.
II. Response to Comment
Comment: The Commenter mentions
that EPA should not allow Alabama to
remove transportation conformity rules
from the SIP and asserts that EPA has
loosened the Federal transportation
conformity requirements. The
Commenter goes on to say that Alabama
should incorporate by reference the
entirety of 40 CFR part 93.
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jstallworth on DSKBBY8HB2PROD with RULES
Response: Alabama’s SIP continues to
include transportation conformity
requirements. CAA section 176(c) is the
statutory authority for transportation
conformity (42 U.S.C. 7506(c)). This
section of the CAA was amended by
provisions contained in the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU), which was
signed into law on August 10, 2005
(Public Law 109–59). Among the
changes Congress made to this section
of the CAA was to streamline the
requirements for state conformity SIPs.
Subsequently, EPA published a final
rule on January 24, 2008 (73 FR 4420),
to update the requirements for
conformity SIPs as well as the other
CAA provisions amended by Congress.
These streamlined conformity SIP
requirements did not loosen EPA’s
conformity requirements. The CAA
amendment was merely intended to
reduce the burden on states associated
with duplicating federal transportation
conformity rules within state conformity
rules.
CAA section 176(c)(4)(E) and 40 CFR
51.390(b) of the conformity rule now
require states to submit conformity SIPs
that address only the following
provisions of the federal conformity
rule:
• 40 CFR 93.105, which addresses
consultation procedures;
• 40 CFR 93.122(a)(4)(ii), which states
that conformity SIPs must require that
written commitments to control
measures be obtained prior to a
conformity determination if the control
measures are not included in a
metropolitan planning organization’s
transportation plan and transportation
improvement programs, and that such
commitments be fulfilled; and
• 40 CFR 93.125(c), which states that
conformity SIPs must require that
written commitments to mitigation
measures be obtained prior to a projectlevel conformity determination, and that
project sponsors comply with such
commitments.
These provisions must be tailored to a
state’s individual circumstances, rather
than including the federal conformity
rule section verbatim. Alabama’s SIP
contains the tailored provisions.
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of ADEM Regulation,
chapter 335–3–17–.01 entitled
‘‘Transportation Conformity,’’ effective
May 28, 2013, which incorporates by
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14:21 Oct 11, 2017
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reference the Federal Transportation
Conformity Rule. 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).
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.1
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.
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. 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
1 62
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FR 27968 (May 22, 1997).
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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 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 December 11, 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
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shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
Authority: 42 U.S.C. 7401 et seq.
requirements, Volatile organic
compounds.
Subpart B—Alabama
Dated: September 29, 2017.
Onis ‘‘Trey’’ Glenn, III
Regional Administrator, Region 4.
List of Subjects in 40 CFR Part 52
40 CFR part 52 is amended as follows:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
2. Section 52.50(c) is amended under
the heading ‘‘Chapter No. 335–3–17
Conformity of Federal Actions to State
Implementation Plans’’ by revising the
entry for ‘‘Section 335–3–17–.01’’ to
read as follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.50
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED ALABAMA REGULATIONS
State citation
*
*
*
Chapter No. 335–3–17
Section 335–3–17–.01 ....................
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
jstallworth on DSKBBY8HB2PROD with RULES
*
*
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2013–0389. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section
(formerly Regulatory Development
Section), Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
for further information. The Regional
Office’s official hours of business are
ADDRESSES:
Approval and Promulgation of Air
Quality Implementation Plans; State of
South Carolina; Regional Haze State
Implementation Plan
The Environmental Protection
Agency (EPA) is approving a South
Carolina State Implementation Plan
(SIP) revision, submitted by the State of
South Carolina through the South
Carolina Department of Health and
Environmental Control (SC DHEC) on
December 28, 2012. South Carolina’s
December 28, 2012, SIP revision
(‘‘Progress Report’’) addresses
requirements of the Clean Air Act (CAA
or ‘‘Act’’) and EPA’s rules that require
states to submit periodic reports
describing progress towards reasonable
progress goals (RPGs) established for
regional haze and a determination of the
adequacy of the State’s existing SIP
addressing regional haze (‘‘regional haze
plan’’). EPA is finalizing approval of
*
Explanation
*
10/12/2017
[Insert citation of publication] ..........
This rule will be effective
November 13, 2017.
[EPA–R04–OAR–2013–0389; FRL–9969–
23—Region 4]
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5/28/2013
DATES:
40 CFR Part 52
14:21 Oct 11, 2017
*
South Carolina’s Progress Report on the
basis that it addresses the progress
report and adequacy determination
requirements for the first
implementation period for regional
haze.
*
SUMMARY:
EPA approval date
Conformity of Federal Actions to State Implementation Plans
*
[FR Doc. 2017–21930 Filed 10–11–17; 8:45 am]
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Transportation Conformity ..............
*
*
State effective
date
Title/subject
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*
*
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Michele Notarianni, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Notarianni can be reached at (404) 562–
9031 and by electronic mail at
notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
States are required to submit progress
reports that evaluate progress towards
the RPGs for each mandatory Class I
Federal area within the state and in each
mandatory Class I Federal area outside
the state which may be affected by
emissions from within the state. See 40
CFR 51.308(g). States are also required
to submit, at the same time as the
progress report, a determination of the
adequacy of the state’s existing regional
haze plan. See 40 CFR 51.308(h). The
first progress report is due five years
after submittal of the initial regional
haze plan and must be in the form of a
SIP revision. On December 17, 2007, SC
DHEC submitted the State’s first
regional haze plan in accordance with
40 CFR 51.308(b).1
1 On June 28, 2012, EPA finalized a limited
approval of South Carolina’s regional haze plan to
address the first implementation period for regional
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]]>Agencies
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47383-47385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21930]
[[Page 47383]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0174; FRL-9969-24-Region 4]
Air Plan Approval: Alabama; Transportation Conformity
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
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 rule is effective November 13, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0174. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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
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 part 93 in entirety.
On March 14, 2012 (77 FR 14979), EPA finalized the rule entitled
``Transportation Conformity Rule Restructuring Amendments.'' 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 Sec. 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 Clean Air Act (CAA or Act), 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.
In a direct final rule published on August 17, 2017 (82 FR 39035),
EPA took a direct final action to approve the portions of the May 8,
2013, submittal that 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. In the direct final rulemaking, EPA established
that the rule would become effective 60 days after publication in the
Federal Register and without further notice, unless EPA received
adverse comment within 30 days of the publication. If EPA received such
comments, it would publish a timely withdrawal of the direct final rule
in the Federal Register and inform the public that the rule will not
take effect. Comments on the rulemaking were due on or before September
18, 2017.
EPA received one adverse comment on the direct final rulemaking,
and as a result, elsewhere in this issue of the Federal Register, the
EPA has taken a separate action to withdraw the direct final rule.
Nevertheless, the rationale for EPA's action still remains and the only
addition in this final rulemaking is the response to the adverse
comment received. The details of Alabama's SIP revisions and the
rationale for EPA's action are further explained in the direct final
rule published August 17, 2017 (82 FR 39035). Below is a summary of the
comment received and EPA's response.
II. Response to Comment
Comment: The Commenter mentions that EPA should not allow Alabama
to remove transportation conformity rules from the SIP and asserts that
EPA has loosened the Federal transportation conformity requirements.
The Commenter goes on to say that Alabama should incorporate by
reference the entirety of 40 CFR part 93.
[[Page 47384]]
Response: Alabama's SIP continues to include transportation
conformity requirements. CAA section 176(c) is the statutory authority
for transportation conformity (42 U.S.C. 7506(c)). This section of the
CAA was amended by provisions contained in the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU), which was signed into law on August 10, 2005 (Public Law
109-59). Among the changes Congress made to this section of the CAA was
to streamline the requirements for state conformity SIPs. Subsequently,
EPA published a final rule on January 24, 2008 (73 FR 4420), to update
the requirements for conformity SIPs as well as the other CAA
provisions amended by Congress. These streamlined conformity SIP
requirements did not loosen EPA's conformity requirements. The CAA
amendment was merely intended to reduce the burden on states associated
with duplicating federal transportation conformity rules within state
conformity rules.
CAA section 176(c)(4)(E) and 40 CFR 51.390(b) of the conformity
rule now require states to submit conformity SIPs that address only the
following provisions of the federal conformity rule:
40 CFR 93.105, which addresses consultation procedures;
40 CFR 93.122(a)(4)(ii), which states that conformity SIPs
must require that written commitments to control measures be obtained
prior to a conformity determination if the control measures are not
included in a metropolitan planning organization's transportation plan
and transportation improvement programs, and that such commitments be
fulfilled; and
40 CFR 93.125(c), which states that conformity SIPs must
require that written commitments to mitigation measures be obtained
prior to a project-level conformity determination, and that project
sponsors comply with such commitments.
These provisions must be tailored to a state's individual
circumstances, rather than including the federal conformity rule
section verbatim. Alabama's SIP contains the tailored provisions.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of ADEM
Regulation, chapter 335-3-17-.01 entitled ``Transportation
Conformity,'' effective May 28, 2013, which incorporates by reference
the Federal Transportation Conformity Rule. 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). 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.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
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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.
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. 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 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 December 11, 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
[[Page 47385]]
shall not postpone the effectiveness of such rule or action. 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: September 29, 2017.
Onis ``Trey'' Glenn, III
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 under the heading ``Chapter No. 335-3-17
Conformity of Federal Actions to State Implementation Plans'' by
revising the entry for ``Section 335-3-17-.01'' to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
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
----------------------------------------------------------------------------------------------------------------
Section 335-3-17-.01............ Transportation 5/28/2013 10/12/2017 ....................
Conformity. [Insert citation of
publication].
* * * * * * *
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* * * * *
[FR Doc. 2017-21930 Filed 10-11-17; 8:45 am]
BILLING CODE 6560-50-P
