Air Plan Approval; NC; Transportation Conformity, 18423-18426 [2023-06425]
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Rules and Regulations
10.0 Calibration and Standardization
10.1 Spectrophotometer Calibration.
Prepare a stock solution of 10 mg/mL
formaldehyde. Prepare a series of calibration
standards from the stock solution
corresponding to 0.0, 0.5, 1.5, 3.5, 5.0, and
7.5 mg/mL formaldehyde. Mix 2.0 ml of each
calibration standard with 2.0 mL of acetyl
acetone reagent in screw cap vials,
thoroughly mix the solution, and place the
vials in a water bath (or heating block) at 60
°C for 10 minutes. Remove the vials and
allow to cool to room temperature. Transfer
each solution to a cuvette and measure the
absorbance at 412 nm using the
spectrophotometer. Develop a calibration
curve (response vs. concentration) from the
analytical results of these standards. The
acceptance criteria for the spectrophotometer
calibration is a correlation coefficient of 0.99
or higher. If this criterion is not met, the
calibration procedures should be repeated.
12.0
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b = the intercept of the calibration curve at
zero concentration.
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0769. All documents in the docket are
listed on the regulations.gov website.
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,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that,
if 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 and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 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:
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BILLING CODE 6560–50–C
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0769; FRL–10576–
02–R4]
Air Plan Approval; NC; Transportation
Conformity
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of North
Carolina, through the North Carolina
Department of Environmental Quality
(DEQ), Division of Air Quality (DAQ) on
September 24, 2021. The SIP revisions
replace previously approved
memoranda of agreement (MOAs) with
thirteen updated MOAs outlining
transportation conformity criteria and
procedures related to interagency
consultation, conflict resolution, public
participation, and enforceability of
certain transportation-related control
and mitigation measures. EPA is
approving North Carolina’s September
24, 2021, SIP revisions as they are
consistent with the applicable
provisions of the Clean Air Act (CAA or
Act).
DATES: This rule is effective April 28,
2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification EPA–R04–OAR–2021–
SUMMARY:
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10.3 Calibration Checks. Calibration
checks consisting of analyzing a mid-range
standard separately prepared with each batch
of samples. The calibration check standard
must be prepared independent of the
calibration stock solution. The result of the
check standard must be within 10 percent of
the theoretical value to be acceptable. If the
acceptance criteria are not met, the standard
must be reanalyzed. If still unacceptable, a
new calibration curve must be prepared
using freshly prepared standards.
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I. Background
As described in a notice of proposed
rulemaking (NPRM) published on
February 7, 2023 (88 FR 7903), CAA
section 176(c)(4)(E) and 40 CFR
PO 00000
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Calculations and Data Analysis
12.1
Nomenclature
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Kc = spectrophotometer calibration factor,
slope of the least square regression line,
absorbance/(mg/mL) (Note: Most
spreadsheets are capable of calculating a
least squares line, including slope,
intercept, and correlation coefficient).
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12.6 Mass of Formaldehyde in Liquid
Sample
51.390(b) require states to develop
conformity SIPs that address three
specific provisions of federal
regulations. First, EPA’s transportation
conformity rule requires states to
develop their own processes and
procedures which meet the criteria in 40
CFR 93.105 for interagency consultation
and resolution of conflicts among the
federal, state, and local agencies. The
SIP revision must include processes and
procedures to be followed by the
metropolitan planning organization
(MPO), state Department of
Transportation (DOT), and the United
States Department of Transportation
(USDOT) in consultation with the state
and local air quality agencies and EPA
before making conformity
determinations. The conformity SIP
revision must also include processes
and procedures for the state and local
air quality agencies and EPA to
coordinate the development of
applicable SIPs with MPOs, state DOTs
and the USDOT.
States may choose to develop, in
place of regulations, an MOA which
establishes the roles and procedures for
transportation conformity. The MOA
includes the detailed consultation
procedures developed for that particular
area. The MOAs are enforceable through
the signature of all the transportation
and air quality agencies, including the
USDOT’s Federal Highway
Administration, USDOT’s Federal
Transit Administration, and EPA.
North Carolina’s September 24, 2021,
conformity SIP revisions add new
interagency partners and MPOs,
establish new procedures for
interagency consultation, dispute
resolution, public participation and
enforceability of certain transportation-
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Rules and Regulations
related control measures and mitigation
measures, and supersede the MOAs
incorporated into the SIP on December
26, 2013. The list of MPOs for which
North Carolina has established MOAs in
the September 24, 2021, submission,
include Burlington-Graham MPO,
Cabarrus-Rowan MPO, Charlotte
Regional Transportation Planning
Organization, Durham-Chapel Hill-
Carrboro MPO, Gaston-ClevelandLincoln MPO, Greater Hickory MPO,
Greensboro Urban Area MPO, High
Point Urban Area MPO, North Carolina
Capital Area MPO, Rocky Mount Urban
Area MPO, the Great Smoky Mountains
National Park (NPS), and Rural Area
(NC DOT).
Table 1, below, identifies the
applicable national ambient air quality
standards (NAAQS) for which each
planning agency is required to
implement transportation conformity,
and therefore, establish interagency
consultation procedures. As stated
above, the MOAs are the documents
which establish each area’s interagency
consultation procedures.
TABLE 1—MOA ADMINISTRATORS AND THE APPLICABLE NAAQS FOR TRANSPORTATION CONFORMITY
MOA administrator
Applicable NAAQS
Burlington-Graham MPO .....................................
Cabarrus-Rowan MPO ........................................
Charlotte Regional Transportation Planning Organization.
Durham-Chapel Hill-Carrboro MPO ....................
Gaston-Cleveland-Lincoln MPO ..........................
Greater Hickory MPO ..........................................
Greensboro Urban Area MPO ............................
High Point Urban Area MPO ...............................
North Carolina Capital Area MPO .......................
Rocky Mount Urban Area MPO ..........................
Winston-Salem-Forsyth Urban Area MPO ..........
Rural (counties not covered by MPO, administered by NC DOT) 1.
Great Smoky Mountains National Park (administered by NPS).
1997 8-hour ozone and 1997 annual fine particulate matter (PM2.5) NAAQS.
1997 8-hour ozone, 2008 8-hour ozone, and 2015 8-hour ozone NAAQS.
1971 carbon monoxide (CO), 1997 8-hour ozone, and 2008 8-hour ozone NAAQS.
1971
1997
1997
1997
1971
1971
1997
1971
1997
CO and 1997 8-hour ozone NAAQS.
8-hour ozone and 2008 8-hour ozone NAAQS.
annual PM2.5 NAAQS.
annual PM2.5 NAAQS.
CO and 1997 annual PM2.5 NAAQS.
CO and 1997 8-hour ozone NAAQS.
8-hour ozone NAAQS.
CO and 1997 annual PM2.5 NAAQS.
8-hour ozone NAAQS.
1997 8-hour ozone NAAQS.
1 Person County is the only county subject to transportation conformity requirements per the 1997 8-hour ozone NAAQS that does not have an
MPO responsible for it.
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In the February 7, 2023, NPRM, EPA
proposed to approve updated MOAs for
thirteen counties in North Carolina. The
changes to the MOAs provide for
updates to roles and responsibilities as
they relate to transportation conformity.
The details of North Carolina’s
submission and the rationale for EPA’s
action are explained further in the
February 7, 2023, NPRM. Comments on
the February 7, 2023, NPRM were due
on or before March 9, 2023. No adverse
comments were received.
enforceability of certain transportationrelated control and mitigation measures.
This action also establishes consultation
procedures and mitigation measures in
the State of North Carolina. EPA is
approving these actions because are
consistent with section 110 and 176 of
the CAA and will not interfere with any
applicable requirement concerning
attainment and reasonable further
progress or any other applicable
requirement of the CAA.
II. Final Actions
III. Statutory and Executive Order
Reviews
EPA is approving the aforementioned
changes to the North Carolina SIP.
Specifically, EPA is approving the
replacement of previously approved
MOAs with thirteen updated MOAs for
the Burlington-Graham MPO, CabarrusRowan MPO, Charlotte Regional
Transportation Planning Organization,
Durham-Chapel Hill-Carrboro MPO,
Gaston-Cleveland-Lincoln MPO, Greater
Hickory MPO, Greensboro Urban Area
MPO, High Point Urban Area MPO,
North Carolina Capital Area MPO,
Rocky Mount Urban Area MPO, the
Great Smoky Mountains National Park
(NPS), and Rural Area (NC DOT);
outlining transportation conformity
criteria and procedures related to
interagency consultation; conflict
resolution; public participation; and
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 they meet the criteria of the
CAA. These actions merely approve
state law as meeting Federal
requirements and do not impose
additional requirements beyond those
imposed by state law. For that reason,
these actions:
• Are not significant regulatory
actions 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);
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• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having
significant economic impacts on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Rules and Regulations
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 these actions 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. These actions are 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 May 30, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of these actions 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. These actions 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, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 22, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 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, amend the table in
paragraph (e) by adding entries for the
following at the end of the table:
■ a. Burlington-Graham Interagency
Transportation Conformity
Memorandum of Agreement;
■ b. Cabarrus-Rowan Interagency
Transportation Conformity
Memorandum of Agreement;
■
c. Charlotte Regional Interagency
Transportation Conformity
Memorandum of Agreement;
■ d. Durham-Chapel Hill-Carrboro
Interagency Transportation Conformity
Memorandum of Agreement;
■ e. Gaston-Cleveland-Lincoln
Interagency Transportation Conformity
Memorandum of Agreement;
■ f. Greater Hickory Interagency
Transportation Conformity
Memorandum of Agreement;
■ g. Greensboro Urban Area Interagency
Transportation Conformity
Memorandum of Agreement;
■ h. High Point Urban Area Interagency
Transportation Conformity
Memorandum of Agreement;
■ i. North Carolina Capital Area
Interagency Transportation Conformity
Memorandum of Agreement;
■ j. Rocky Mount Urban Area
Interagency Transportation Conformity
Memorandum of Agreement;
■ k. Winston-Salem-Forsyth Urban Area
Interagency Transportation Conformity
Memorandum of Agreement;
■ l. Rural (counties not covered by
MPO, administered by North Carolina
DOT) Interagency Transportation
Conformity Memorandum of
Agreement;
■ m. Great Smoky Mountains National
Park (administered by NPS) Interagency
Transportation Conformity
Memorandum of Agreement.
The additions read as follows:
■
§ 52.1770
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Identification of plan.
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EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State
effective
date
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Provision
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Burlington-Graham Interagency Transportation Conformity Memorandum of Agreement.
Cabarrus-Rowan Interagency Transportation Conformity Memorandum of Agreement.
Charlotte Regional Interagency Transportation Conformity Memorandum of Agreement.
Durham-Chapel Hill-Carrboro Interagency Transportation Conformity Memorandum of Agreement.
Gaston-Cleveland-Lincoln Interagency Transportation
Conformity Memorandum of Agreement.
Greater Hickory Interagency Transportation Conformity
Memorandum of Agreement.
Greensboro Urban Area Interagency Transportation
Conformity Memorandum of Agreement.
High Point Urban Area Interagency Transportation
Conformity Memorandum of Agreement.
North Carolina Capital Area Interagency Transportation Conformity Memorandum of Agreement.
Rocky Mount Urban Area Interagency Transportation
Conformity Memorandum of Agreement.
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EPA
approval
date
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Rules and Regulations
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS—Continued
State
effective
date
Provision
Winston-Salem-Forsyth Urban Area Interagency
Transportation Conformity Memorandum of Agreement.
Rural (counties not covered by MPO, administered by
North Carolina DOT) Interagency Transportation
Conformity Memorandum of Agreement.
Great Smoky Mountains National Park (administered
by NPS) Interagency Transportation Conformity
Memorandum of Agreement.
[FR Doc. 2023–06425 Filed 3–28–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2022–0612; FRL–10300–
02–R8]
Approval and Promulgation of
Implementation Plans; Colorado;
Revisions to Code of Colorado
Regulations; Regulation Number 3
Correction
In rule document 2023–06120,
appearing on pages 18054–18056 in the
issue of Monday, March 27, 2023, make
the following correction:
§ 52.320
[Corrected]
On page 18056, in the table, in the
fourth column, in the ninth row, ‘‘3/2/
2023’’ should read ‘‘3/27/2023’’.
■
[FR Doc. C1–2023–06120 Filed 3–28–23; 8:45 am]
BILLING CODE 0099–10–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2022–0719, FRL–10254–
02–R10]
Air Plan Approval; ID; Incorporation by
Reference Updates
The Environmental Protection
Agency (EPA) is approving a revision to
the Idaho State Implementation Plan
(SIP) submitted on May 4, 2022. The
submission updates the incorporation
by reference of the national ambient air
quality standards and related planning
and monitoring requirements into the
Idaho air quality rules as of July 1, 2021.
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Federal Register citation
1/27/2023
3/29/2023
[Insert Federal Register citation].
1/27/2023
3/29/2023
[Insert Federal Register citation].
1/30/2023
3/29/2023
[Insert Federal Register citation].
Idaho undertakes such updates regularly
to ensure the state air quality rules and
the federally enforceable Idaho SIP
remain consistent with EPA air quality
regulations over time.
DATES: This final rule is effective April
28, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2022–0719. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available at https://
www.regulations.gov, or please contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Kristin Hall (15–H13), EPA Region 10,
1200 Sixth Avenue (Suite 155), Seattle,
WA 98101, (206) 553–6357,
hall.kristin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we’’ or ‘‘our’’ is used, it refers to the
EPA.
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY:
EPA
approval
date
I. Background
On May 4, 2022, Idaho submitted
updates to the SIP to incorporate the
national ambient air quality standards
and other Federal regulations by
reference as of July 1, 2021. The SIP
revision, state effective March 24, 2022,
includes specific air quality regulations
codified in the Idaho Rules for the
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Explanation
Control of Air Pollution (IDAPA
58.01.01). On December 19, 2022, the
EPA proposed to approve the submitted
SIP revision (87 FR 77544). The reasons
for our proposed approval are included
in the proposal and will not be restated
here. The public comment period closed
on January 18, 2023. We received no
public comments. Therefore, we are
finalizing the action as proposed.
II. Final Action
The EPA is approving and
incorporating by reference revisions to
the Idaho SIP submitted on May 4, 2022.
Upon the effective date of this action,
the Idaho SIP will include IDAPA
58.01.01.107 Incorporation by
Reference, subsection 03, paragraphs a
through e, state effective March 24,
2022. This provision incorporates the
national ambient air quality standards
and related planning and monitoring
requirements as of July 1, 2021.
III. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, we are finalizing the incorporation
by reference of Idaho regulatory
provisions described in section II of this
preamble and set forth below in the
amendments to 40 CFR part 52. The
EPA has made, and will continue to
make, these materials generally
available through https://
www.regulations.gov and at the EPA
Region 10 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 the EPA for inclusion in
the SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the Clean Air
Act as of the effective date of the final
rule of the EPA’s approval, and will be
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[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Rules and Regulations]
[Pages 18423-18426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06425]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0769; FRL-10576-02-R4]
Air Plan Approval; NC; Transportation Conformity
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of North
Carolina, through the North Carolina Department of Environmental
Quality (DEQ), Division of Air Quality (DAQ) on September 24, 2021. The
SIP revisions replace previously approved memoranda of agreement (MOAs)
with thirteen updated MOAs outlining transportation conformity criteria
and procedures related to interagency consultation, conflict
resolution, public participation, and enforceability of certain
transportation-related control and mitigation measures. EPA is
approving North Carolina's September 24, 2021, SIP revisions as they
are consistent with the applicable provisions of the Clean Air Act (CAA
or Act).
DATES: This rule is effective April 28, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification EPA-R04-OAR-2021-0769. All documents in the docket are
listed on the regulations.gov website. 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, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that, if 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 and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 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
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
As described in a notice of proposed rulemaking (NPRM) published on
February 7, 2023 (88 FR 7903), CAA section 176(c)(4)(E) and 40 CFR
51.390(b) require states to develop conformity SIPs that address three
specific provisions of federal regulations. First, EPA's transportation
conformity rule requires states to develop their own processes and
procedures which meet the criteria in 40 CFR 93.105 for interagency
consultation and resolution of conflicts among the federal, state, and
local agencies. The SIP revision must include processes and procedures
to be followed by the metropolitan planning organization (MPO), state
Department of Transportation (DOT), and the United States Department of
Transportation (USDOT) in consultation with the state and local air
quality agencies and EPA before making conformity determinations. The
conformity SIP revision must also include processes and procedures for
the state and local air quality agencies and EPA to coordinate the
development of applicable SIPs with MPOs, state DOTs and the USDOT.
States may choose to develop, in place of regulations, an MOA which
establishes the roles and procedures for transportation conformity. The
MOA includes the detailed consultation procedures developed for that
particular area. The MOAs are enforceable through the signature of all
the transportation and air quality agencies, including the USDOT's
Federal Highway Administration, USDOT's Federal Transit Administration,
and EPA.
North Carolina's September 24, 2021, conformity SIP revisions add
new interagency partners and MPOs, establish new procedures for
interagency consultation, dispute resolution, public participation and
enforceability of certain transportation-
[[Page 18424]]
related control measures and mitigation measures, and supersede the
MOAs incorporated into the SIP on December 26, 2013. The list of MPOs
for which North Carolina has established MOAs in the September 24,
2021, submission, include Burlington-Graham MPO, Cabarrus-Rowan MPO,
Charlotte Regional Transportation Planning Organization, Durham-Chapel
Hill-Carrboro MPO, Gaston-Cleveland-Lincoln MPO, Greater Hickory MPO,
Greensboro Urban Area MPO, High Point Urban Area MPO, North Carolina
Capital Area MPO, Rocky Mount Urban Area MPO, the Great Smoky Mountains
National Park (NPS), and Rural Area (NC DOT).
Table 1, below, identifies the applicable national ambient air
quality standards (NAAQS) for which each planning agency is required to
implement transportation conformity, and therefore, establish
interagency consultation procedures. As stated above, the MOAs are the
documents which establish each area's interagency consultation
procedures.
Table 1--MOA Administrators and the Applicable NAAQS for Transportation
Conformity
------------------------------------------------------------------------
MOA administrator Applicable NAAQS
------------------------------------------------------------------------
Burlington-Graham MPO............. 1997 8-hour ozone and 1997 annual
fine particulate matter (PM2.5)
NAAQS.
Cabarrus-Rowan MPO................ 1997 8-hour ozone, 2008 8-hour
ozone, and 2015 8-hour ozone NAAQS.
Charlotte Regional Transportation 1971 carbon monoxide (CO), 1997 8-
Planning Organization. hour ozone, and 2008 8-hour ozone
NAAQS.
Durham-Chapel Hill-Carrboro MPO... 1971 CO and 1997 8-hour ozone NAAQS.
Gaston-Cleveland-Lincoln MPO...... 1997 8-hour ozone and 2008 8-hour
ozone NAAQS.
Greater Hickory MPO............... 1997 annual PM2.5 NAAQS.
Greensboro Urban Area MPO......... 1997 annual PM2.5 NAAQS.
High Point Urban Area MPO......... 1971 CO and 1997 annual PM2.5 NAAQS.
North Carolina Capital Area MPO... 1971 CO and 1997 8-hour ozone NAAQS.
Rocky Mount Urban Area MPO........ 1997 8-hour ozone NAAQS.
Winston-Salem-Forsyth Urban Area 1971 CO and 1997 annual PM2.5 NAAQS.
MPO.
Rural (counties not covered by 1997 8-hour ozone NAAQS.
MPO, administered by NC DOT) \1\.
Great Smoky Mountains National 1997 8-hour ozone NAAQS.
Park (administered by NPS).
------------------------------------------------------------------------
\1\ Person County is the only county subject to transportation
conformity requirements per the 1997 8-hour ozone NAAQS that does not
have an MPO responsible for it.
In the February 7, 2023, NPRM, EPA proposed to approve updated MOAs
for thirteen counties in North Carolina. The changes to the MOAs
provide for updates to roles and responsibilities as they relate to
transportation conformity. The details of North Carolina's submission
and the rationale for EPA's action are explained further in the
February 7, 2023, NPRM. Comments on the February 7, 2023, NPRM were due
on or before March 9, 2023. No adverse comments were received.
II. Final Actions
EPA is approving the aforementioned changes to the North Carolina
SIP. Specifically, EPA is approving the replacement of previously
approved MOAs with thirteen updated MOAs for the Burlington-Graham MPO,
Cabarrus-Rowan MPO, Charlotte Regional Transportation Planning
Organization, Durham-Chapel Hill-Carrboro MPO, Gaston-Cleveland-Lincoln
MPO, Greater Hickory MPO, Greensboro Urban Area MPO, High Point Urban
Area MPO, North Carolina Capital Area MPO, Rocky Mount Urban Area MPO,
the Great Smoky Mountains National Park (NPS), and Rural Area (NC DOT);
outlining transportation conformity criteria and procedures related to
interagency consultation; conflict resolution; public participation;
and enforceability of certain transportation-related control and
mitigation measures. This action also establishes consultation
procedures and mitigation measures in the State of North Carolina. EPA
is approving these actions because are consistent with section 110 and
176 of the CAA and will not interfere with any applicable requirement
concerning attainment and reasonable further progress or any other
applicable requirement of the CAA.
III. 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 they meet the criteria of the CAA. These actions merely
approve state law as meeting Federal requirements and do not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
Are not significant regulatory actions 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);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having significant economic impacts
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible
[[Page 18425]]
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 these actions 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. These actions are 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 May 30, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of these actions 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. These actions 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, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 22, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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, amend the table in paragraph (e) by adding entries
for the following at the end of the table:
0
a. Burlington-Graham Interagency Transportation Conformity Memorandum
of Agreement;
0
b. Cabarrus-Rowan Interagency Transportation Conformity Memorandum of
Agreement;
0
c. Charlotte Regional Interagency Transportation Conformity Memorandum
of Agreement;
0
d. Durham-Chapel Hill-Carrboro Interagency Transportation Conformity
Memorandum of Agreement;
0
e. Gaston-Cleveland-Lincoln Interagency Transportation Conformity
Memorandum of Agreement;
0
f. Greater Hickory Interagency Transportation Conformity Memorandum of
Agreement;
0
g. Greensboro Urban Area Interagency Transportation Conformity
Memorandum of Agreement;
0
h. High Point Urban Area Interagency Transportation Conformity
Memorandum of Agreement;
0
i. North Carolina Capital Area Interagency Transportation Conformity
Memorandum of Agreement;
0
j. Rocky Mount Urban Area Interagency Transportation Conformity
Memorandum of Agreement;
0
k. Winston-Salem-Forsyth Urban Area Interagency Transportation
Conformity Memorandum of Agreement;
0
l. Rural (counties not covered by MPO, administered by North Carolina
DOT) Interagency Transportation Conformity Memorandum of Agreement;
0
m. Great Smoky Mountains National Park (administered by NPS)
Interagency Transportation Conformity Memorandum of Agreement.
The additions read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State EPA approval Federal Register
Provision effective date date citation Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Burlington-Graham Interagency 1/30/2023 3/29/2023 [Insert Federal
Transportation Conformity Register citation].
Memorandum of Agreement.
Cabarrus-Rowan Interagency 1/20/2023 3/29/2023 [Insert Federal
Transportation Conformity Register citation].
Memorandum of Agreement.
Charlotte Regional Interagency 1/30/2023 3/29/2023 [Insert Federal
Transportation Conformity Register citation].
Memorandum of Agreement.
Durham-Chapel Hill-Carrboro 1/30/2023 3/29/2023 [Insert Federal
Interagency Transportation Register citation].
Conformity Memorandum of
Agreement.
Gaston-Cleveland-Lincoln 1/30/2023 3/29/2023 [Insert Federal
Interagency Transportation Register citation].
Conformity Memorandum of
Agreement.
Greater Hickory Interagency 1/30/2023 3/29/2023 [Insert Federal
Transportation Conformity Register citation].
Memorandum of Agreement.
Greensboro Urban Area Interagency 1/27/2023 3/29/2023 [Insert Federal
Transportation Conformity Register citation].
Memorandum of Agreement.
High Point Urban Area Interagency 1/27/2023 3/29/2023 [Insert Federal
Transportation Conformity Register citation].
Memorandum of Agreement.
North Carolina Capital Area 1/27/2023 3/29/2023 [Insert Federal
Interagency Transportation Register citation].
Conformity Memorandum of
Agreement.
Rocky Mount Urban Area 1/27/2023 3/29/2023 [Insert Federal
Interagency Transportation Register citation].
Conformity Memorandum of
Agreement.
[[Page 18426]]
Winston-Salem-Forsyth Urban Area 1/27/2023 3/29/2023 [Insert Federal
Interagency Transportation Register citation].
Conformity Memorandum of
Agreement.
Rural (counties not covered by 1/27/2023 3/29/2023 [Insert Federal
MPO, administered by North Register citation].
Carolina DOT) Interagency
Transportation Conformity
Memorandum of Agreement.
Great Smoky Mountains National 1/30/2023 3/29/2023 [Insert Federal
Park (administered by NPS) Register citation].
Interagency Transportation
Conformity Memorandum of
Agreement.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2023-06425 Filed 3-28-23; 8:45 am]
BILLING CODE 6560-50-P
