[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38838-38841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17251]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0454; FRL-9966-41-Region 4]
Air Plan Approval: North Carolina; Transportation Conformity
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion of a revision to the North Carolina State Implementation plan
(SIP) submitted by the State of North Carolina on March 24, 2006, for
the purpose of clarifying the State's transportation conformity rules
consistent with Federal requirements.
DATES: This direct final rule is effective October 16, 2017 without
further notice, unless EPA receives adverse comment by September 15,
2017. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0454 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Nacosta Ward, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9140. Ms. Ward can also
be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Call to States for Conformity SIP Revisions
In the Clean Air Act (CAA or Act), Congress recognized that actions
taken by federal agencies could affect a State, Tribal, or local
agency's ability to attain and maintain the national ambient air
quality standards (NAAQS). Congress added section 176(c) (42 U.S.C.
7506) to the CAA to ensure federal agencies' proposed actions conform
to the applicable SIP, Tribal Implementation Plan (TIP), or Federal
Implementation Plan (FIP) for attaining and maintaining the NAAQS. That
section requires federal entities to find that the emissions from the
federal action will conform with the purposes of the SIP, TIP, or FIP
or not otherwise interfere with the State's or Tribe's ability to
attain and maintain the NAAQS.
The CAA Amendments of 1990 clarified and strengthened the
provisions in section 176(c). Because certain provisions of section
176(c) apply only to highway and mass transit funding and approvals
actions, EPA published two sets of regulations to implement section
176(c). The Transportation Conformity Regulations, (40 CFR part 51,
subpart T, and 40 CFR part 93, subpart A) first published on
[[Page 38839]]
November 24, 1993 (58 FR 62188), address federal actions related to
highway and mass transit funding and approval actions. The conformity
regulations have been revised numerous times since then.
When promulgated in 1993, the Federal Transportation Conformity
Rule at 40 CFR 51.395 mandated that the transportation conformity SIP
revisions incorporate several provisions of the rule in verbatim form,
except insofar as needed to give effect to a stated intent in the
revision to establish criteria and procedures more stringent than the
requirements stated in these sections.
B. What is transportation conformity?
Transportation conformity is required under section 176(c) of the
CAA to ensure that federally-supported highway projects, transit
projects, and other activities are consistent with (``conform to'') the
purpose of the SIP. Transportation conformity currently applies to
areas that are designated nonattainment, as well as those areas
redesignated to attainment after 1990 (maintenance areas), with plans
developed under section 175A of the Act for the following
transportation related pollutants: Ozone, particulate matter
(PM2.5 and PM10), carbon monoxide, and nitrogen
dioxide. Conformity to the purpose of the SIP means that transportation
activities will not cause new air quality violations, worsen existing
violations, or delay timely attainment of the relevant NAAQS. The
transportation conformity regulation is found in 40 CFR part 93,
subpart A and provisions related to conformity SIPs are found in 40 CFR
51.390.
C. Prior Approval of North Carolina Conformity SIP Revisions
EPA has approved several revisions to the North Carolina SIP to
incorporate transportation conformity requirements consistent with the
Federal regulations. Initially, on December 27, 2002, EPA approved
North Carolina's SIP revision to address consultation requirements and
procedures which included memoranda of agreements for areas in North
Carolina. See 67 FR 78983. On September 15, 2003, EPA approved the
Mecklenburg-Union Metropolitan Planning Organization interagency
transportation conformity memorandum of agreement. See 68 FR 53883. EPA
also approved an update to North Carolina's transportation conformity
requirements on December 26, 2013, to establish transportation
conformity criteria and procedures related to interagency consultation,
conflict resolution, public participation, and enforceability of
certain transportation related control measures and mitigation
measures. See 78 FR 78272.
II. Analysis of State's Submittal
On March 24, 2006, the North Carolina Department of Environment and
Natural Resources (now the North Carolina Department of Environmental
Quality) submitted a SIP revision to EPA to clarify the applicability
of the State's transportation conformity rules. In this direct final
rulemaking EPA is taking action to approve changes to regulation 15A
NCAC Subchapter 2D, Section .2001, Purpose, Scope and Applicability.
EPA has taken, will take, or, for various reasons, will not take
separate action on all other revisions submitted on March 24, 2006.\1\
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\1\ On July 18, 2017, EPA took direct final action on 15A NCAC
2D Sections .0101, .0103, .0810, .1902, .1903 and 15A NCAC 2Q
Sections .0103, .0105, .0304, .0305, and .0808. See 82 FR 32767. EPA
will be taking separate action on 15A NCAC 2D Section.1904 and 2Q
Sections .0101 and .0301. EPA did not take action on 15A NCAC 2D
Section .1201. because this rule pertains to incinerators and
addresses emission guidelines under CAA sections 111(d) and 129 and
40 CFR part 60 and is not a part of the federally-approved SIP.
Regulation 15A NCAC 2D Section .1401 was withdrawn by NCDEQ on June
5, 2017. Regulation 15A NCAC 2Q Sections .0508 and 0523 were not
acted on because these are title V rules and are not a part of the
SIP.
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The State explained in its submission that North Carolina's rule,
as previously written, could be read in two ways. One way is that
transportation conformity rules apply to areas identified as
nonattainment or maintenance areas by EPA in the Code of Federal
Regulations (CFR) or to areas listed in the rule. North Carolina
explained the second way that their rule could be read is that
transportation conformity rules apply only to areas identified as
nonattainment or maintenance areas by the CFR and also identified in
the rule. North Carolina explained that the State's intent is to apply
transportation conformity rules to areas identified as nonattainment or
maintenance areas by EPA in the CFR or to areas listed in the rule.
North Carolina also updated its rule to clarify a vague statement in
their previous rule that read that transportation conformity rules
apply to areas ``not in compliance with the primary standard.'' The
State replaced this language with a more specific reference to ozone
and PM2.5 standards.
EPA has reviewed North Carolina's transportation conformity rule
changes to ensure consistency with Federal transportation conformity
requirements at 40 CFR part 93, subpart A. North Carolina's
clarification that transportation conformity requirements apply to
areas identified as nonattainment or maintenance areas by EPA in the
CFR or to areas listed in the rule is consistent with the Federal
transportation conformity requirements in that it does not require a
change to the State's rules in order for the requirements to apply.
Pursuant to CAA section 176(c) transportation conformity requirements
are applicable in relevant nonattainment and maintenance areas without
a rule change by the State to be in effect. Thus, EPA is taking direct
final action to approve the aforementioned change to North Carolina's
transportation conformity provisions as found at 15A NCAC 2D Section
.2001. Additionally, EPA is proposing to approve North Carolina's
change in section (d) of 15A NCAC 2D Section .2001 to clarify the vague
statement that transportation conformity requirements apply to apply to
areas ``not in compliance with the primary standard'' by being more
specific in identifying the applicable primary standards of
PM2.5 and ozone. This change is consistent with Federal
requirements that transportation conformity requirements do not apply
in all areas ``not in compliance with the primary standard'' but only
in nonattainment and maintenance areas for transportation-related
pollutants.\2\
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\2\ Transportation conformity requirements do not apply in areas
designated nonattainment (or considered as maintenance areas) for
lead or sulfur dioxide, although these are primary standards.
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III. Incorporation by Reference
In this rule, EPA is taking direct final action to include in a
final EPA rule regulatory text that includes incorporation by
reference. In accordance with requirements of 1 CFR 51.5, EPA is
finalizing the incorporation by reference of 15A NCAC Subchapter 2D,
Section .2001, Purpose, Scope and Applicability, effective November 10,
2005, which incorporates by reference the Federal Transportation
Conformity Rule that was restructured and amended on March 14, 2012 (77
FR 14979). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference by
the Director of the Federal Register in the next update to the SIP
compilation.\3\ EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 4 Office (please contact the person identified in
[[Page 38840]]
the For Further Information Contact section of this preamble for more
information).
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\3\ 62 FR 27968 (May 22, 1997).
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IV. Final Action
Pursuant to section 110 of the CAA, EPA is approving the changes to
the North Carolina SIP regarding the State's transportation conformity
requirements. The approval of North Carolina's conformity SIP changes
clarifies the State rules and is consistent with Federal transportation
conformity requirements.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective October 16, 2017
without further notice unless the Agency receives adverse comments by
September 15, 2017.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All adverse comments received will then be addressed
in a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on October 16, 2017 and no
further action will be taken on the proposed rule.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, the Agency may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, we may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 16, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: August 7, 2017.
V. Anne Heard
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. In Sec. 52.1770 (c), Table 1 is amended under Subchapter 2D Air
Pollution Control Requirements by revising the entry for ``Sect .2001''
to read as follows:
[[Page 38841]]
Sec. 52.1770 Identification of plan.
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(c) * * *
Table 1--EPA Approved North Carolina Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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Subchapter 2D Air Pollution Control Requirements
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Section .2000 Transportation Conformity
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Sect .2001....................... Purpose, Scope and 11/10/2005 8/16/2017, [Insert ...................
Applicability. first page of
publication].
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[FR Doc. 2017-17251 Filed 8-15-17; 8:45 am]
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