80_FR_11173 80 FR 11133 - Approval and Promulgation of Air Quality Implementation Plans; Ohio; Transportation Conformity

80 FR 11133 - Approval and Promulgation of Air Quality Implementation Plans; Ohio; Transportation Conformity

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 40 (March 2, 2015)

Page Range11133-11136
FR Document2015-04146

The Environmental Protection Agency (EPA) is approving, under the Clean Air Act, a revision to Ohio's transportation conformity state implementation plan (SIP) that meets EPA and United States Department of Transportation (DOT) requirements. This revision brings Ohio's transportation conformity SIP into compliance with the requirements of the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU).

Federal Register, Volume 80 Issue 40 (Monday, March 2, 2015)
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11133-11136]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04146]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0662; FRL-9923-45-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Transportation Conformity

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving, under 
the Clean Air Act, a revision to Ohio's transportation conformity state 
implementation plan (SIP) that meets EPA and United States Department 
of Transportation (DOT) requirements. This revision brings Ohio's 
transportation conformity SIP into compliance with the requirements of 
the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy 
for Users (SAFETEA-LU).

DATES: This direct final rule will be effective May 1, 2015, unless EPA 
receives adverse comments by April 1, 2015. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2014-0662, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: blakley.pamela@epa.gov.
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2014-0662. EPA's policy is that all comments received will be included 
in the public docket without change and may be

[[Page 11134]]

made available online at www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Anthony Maietta, Environmental 
Protection Specialist, at (312) 353-8777 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
maietta.anthony@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is the background for this action?
II. What is EPA's analysis of the state's submittal?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.

I. What is the background for this action?

    A transportation conformity SIP can be adopted as a state rule, a 
memorandum of understanding, or a memorandum of agreement. The 
appropriate form of the state transportation conformity procedures 
depends upon the requirements of local or state law, as long as the 
selected form complies with all Clean Air Act requirements for 
adoption, submission to EPA, and implementation of SIPs. EPA will 
accept state transportation conformity SIPs in any form provided the 
state can demonstrate to EPA's satisfaction that, as a matter of state 
law, the state has adequate authority to compel compliance with the 
requirements of the conformity SIP.
    The Ohio Environmental Protection Agency (Ohio EPA) collaborated 
with the Akron Metropolitan Area Transportation Study, the Clark 
County-Springfield Transportation Coordinating Committee, the Eastgate 
Regional Council of Governments, EPA, the Erie Regional Planning 
Commission, the Federal Highway Administration (FHWA), the Federal 
Transit Administration (FTA), the Indiana Department of Environmental 
Management, the Indiana Department of Transportation, the Kentucky-
Ohio-West Virginia Interstate Planning Commission, the Ohio-Kentucky-
Indiana Regional Council of Governments, the Ohio Department of 
Transportation, the Licking County Area Transportation Study, the Lima-
Allen County Regional Planning Commission, the Miami Valley Regional 
Planning Commission, the Mid-Ohio Regional Planning Commission, the 
Northeast Ohio Areawide Coordinating Agency, the Toledo Metropolitan 
Area Council of Governments, the West Virginia Department of 
Environmental Protection, and the West Virginia Department of 
Transportation (the agencies listed in this paragraph are referenced as 
``Federal, state, and local agencies'' throughout this document) to 
develop a transportation conformity SIP revision that meets EPA and DOT 
transportation conformity requirements resulting from passage of 
SAFETEA-LU.
    On August 20, 2014, the Ohio EPA submitted a request to EPA to 
revise the Ohio transportation conformity SIP to include procedures, 
roles, and responsibilities for involved Federal, state agencies, and 
local agencies that must conduct transportation conformity planning and 
consultation.

II. What is EPA's analysis of the state's submittal?

A. Background

    For EPA approval, the submittal must address and give full legal 
effect to requirements laid out in three sections of title 40, part 93, 
subpart A of the Code of Federal Regulations: Sec.  93.105, Sec.  
93.122(a)(4)(ii), and Sec.  93.125(c).
40 CFR 93.105: Consultation
    Section 93.105 describes SIP requirements for interagency 
consultation (between Federal, state, and local agencies), conflict 
resolution, and public consultation. A transportation conformity SIP 
must include well defined interagency consultation procedures that 
define the roles and responsibilities for each participating agency. 
These consultation procedures must include provisions for circulating 
materials for comment before formal adoption, processes for convening 
consultation meetings, and processes for responding to significant 
comments of involved agencies. In addition, procedures for involved 
Federal, state, and local agencies must be included that address:
     Evaluation and selection of an emissions model and 
associated methods and assumptions to be used in hot-spot and regional 
emissions analyses, including determining which minor arterials and 
other transportation projects should be considered regionally 
significant for purposes of regional emissions analyses.
     Evaluation and selection of an emissions model, associated 
methods and assumptions, and projects to be included in determining 
conformity in isolated rural nonattainment and maintenance areas.
     Evaluation of events that will trigger new conformity 
determinations.
     Consultation on emissions analyses for transportation 
activities that cross metropolitan planning organization (MPO), 
nonattainment area, or air basin borders.
     Determination of conformity of projects that might lie 
outside of a metropolitan planning area, but within a nonattainment 
area, if such a situation exists.
     Disclosure of any regionally significant projects which 
are not FHWA or FTA projects to the MPO on a regular basis.
     Interagency consultation on data collection efforts and 
regional

[[Page 11135]]

transportation model development by the MPO.
     Provision of final documentation and supporting 
information to each agency after approval or adoption.
     Resolution of conflicts among state agencies or between 
state agencies and an MPO.
     Public consultation for affected agencies that make 
conformity determinations on transportation plans, programs, and 
projects consistent with the public consultation requirements listed in 
23 CFR 450.316(a).
The Regulations at 40 CFR 93.122(a)(4)(ii) and 40 CFR 93.125(c): 
Written Commitments for Control and Mitigation Measures
    The regulation at 40 CFR 93.122(a)(4)(ii) provides that a 
transportation conformity SIP must contain provisions to ensure that 
any emission reduction credits from control measures that are not 
included in the SIP and that do not require a regulatory action in 
order to be implemented will not be included in a project level 
conformity determination unless the National Environmental Policy Act 
document includes written commitments from the appropriate entities to 
implement those control measures. These written commitments must be 
obtained by the initiating party prior to a conformity determination 
and the written commitments must be addressed by the initiating party.
    The regulation at 40 CFR 93.125(c) provides that a transportation 
conformity SIP must contain provisions that ensure project-level 
mitigation measures will be identified with written commitments if 
those mitigation measures are part of the conditions for making the 
project level conformity determination. The commitments must be 
included in the project design and scope used in the regional emissions 
analysis or project-level hot-spot analysis.
    The transportation conformity SIP revision submitted by the Ohio 
EPA on August 20, 2014, meets the requirements of 40 CFR 93.105, 
93.122(a)(4)(ii), and 93.125(c) and therefore is approvable into the 
Ohio SIP.

III. What action is EPA taking?

    EPA is approving a revision to Ohio's transportation conformity SIP 
submitted by Ohio EPA on August 20, 2014. We are publishing this action 
without prior proposal because we view this as a noncontroversial 
amendment and anticipate no adverse comments. However, in the proposed 
rules section of this Federal Register publication, we are publishing a 
separate document that will serve as the proposal to approve the state 
plan if relevant adverse written comments are filed. This rule will be 
effective May 1, 2015 without further notice unless we receive relevant 
adverse written comments by April 1, 2015. If we receive such comments, 
we will withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. 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, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective May 1, 
2015.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
and applicable Federal regulations. 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 Clean Air Act. 
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 Clean Air Act; 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).
    In addition, 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 and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175.
    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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 1, 2015. 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

[[Page 11136]]

proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: February 12, 2015.
Susan Hedman,
Regional Administrator, Region 5.

    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.


0
2. Section 52.1880 is amended by adding paragraph (u) to read as 
follows:


Sec.  52.1880  Control strategy; Particulate matter.

* * * * *
    (u) Approval--On August 20, 2014, the State of Ohio submitted a 
revision to their Particulate Matter State Implementation Plan. The 
submittal established transportation conformity ``Conformity'' criteria 
and procedures related to interagency consultation, and enforceability 
of certain transportation related control and mitigation measures.
0
3. Section 52.1885 is amended by adding paragraph (ll) to read as 
follows:


Sec.  52.1885  Control strategy; Ozone.

* * * * *
    (ll) Approval--On August 20, 2014, the State of Ohio submitted a 
revision to their Ozone State Implementation Plan. The submittal 
established transportation conformity ``Conformity'' criteria and 
procedures related to interagency consultation, and enforceability of 
certain transportation related control and mitigation measures.

[FR Doc. 2015-04146 Filed 2-27-15; 8:45 am]
BILLING CODE 6560-50-P



                                                                      Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations                                                  11133

                                                  finality of this action for the purposes of             Nitrogen dioxide, Ozone, Reporting and                      Authority: 42 U.S.C. 7401 et seq.
                                                  judicial review nor does it extend the                  recordkeeping requirements, Volatile
                                                  time within which a petition for judicial               organic compounds.                                      Subpart Z—Mississippi
                                                  review may be filed, and shall not                        Dated: February 11, 2015.
                                                  postpone the effectiveness of such rule                 V. Anne Heard,
                                                                                                                                                                  ■ 2. Section 52.1270(e) is amended by
                                                  or action. This action may not be                                                                               adding a new entry ‘‘110(a)(1) and (2)
                                                                                                          Acting Regional Administrator, Region 4.
                                                  challenged later in proceedings to                                                                              Infrastructure Requirements for the 2008
                                                  enforce its requirements. See section                       40 CFR part 52 is amended as follows:               8-Hour Ozone National Ambient Air
                                                  307(b)(2).                                                                                                      Quality Standards’’ at the end of the
                                                                                                          PART 52—APPROVAL AND                                    table to read as follows:
                                                  List of Subjects in 40 CFR Part 52                      PROMULGATION OF
                                                                                                          IMPLEMENTATION PLANS                                    § 52.1270    Identification of plan.
                                                    Environmental protection, Air
                                                  pollution control, Incorporation by                     ■ 1. The authority citation for part 52                 *       *    *       *     *
                                                  reference, Intergovernmental relations,                 continues to read as follows:                               (e) * * *
                                                                                            EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
                                                                                      Applicable         State submittal
                                                      Name of non-regulatory        geographic or         date/effective          EPA approval date                                 Explanation
                                                         SIP provision              nonattainment             date
                                                                                        area


                                                            *                      *                          *                      *                       *                     *                    *
                                                  110(a)(1) and (2) Infra-        Mississippi ........            7/26/2012   3/2/2015 [Insert citation      With the exception of sections:
                                                    structure Requirements                                                      of publication].                 110(a)(2)(C) and (J) concerning PSD permit-
                                                    for the 2008 8-Hour                                                                                             ting requirements;
                                                    Ozone National Ambi-                                                                                         110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4)
                                                    ent Air Quality Stand-                                                                                          concerning interstate transport requirements;
                                                    ards.                                                                                                        110(a)(2)(E)(ii) concerning state board majority
                                                                                                                                                                    requirements respecting significant portion of
                                                                                                                                                                    income; and
                                                                                                                                                                 110(a)(2)(J) concerning visibility requirements.



                                                  ■ 3. Section 52.1272 is amended by                      ENVIRONMENTAL PROTECTION                                Register informing the public that the
                                                  adding paragraph (b) to read as follows:                AGENCY                                                  rule will not take effect.
                                                                                                                                                                  ADDRESSES: Submit your comments,
                                                  § 52.1272    Approval status.                           40 CFR Part 52                                          identified by Docket ID No. EPA–R05–
                                                  *     *     *      *     *                                                                                      OAR–2014–0662, by one of the
                                                    (b) Disapproval. Submittal from the                   [EPA–R05–OAR–2014–0662; FRL–9923–45–                    following methods:
                                                  State of Mississippi, through the                       Region 5]                                                  1. www.regulations.gov: Follow the
                                                  Mississippi Department of                                                                                       on-line instructions for submitting
                                                                                                          Approval and Promulgation of Air                        comments.
                                                  Environmental Quality (MDEQ) on May                     Quality Implementation Plans; Ohio;                        2. Email: blakley.pamela@epa.gov.
                                                  29, 2012, and July 26, 2012, to address                 Transportation Conformity                                  3. Fax: (312) 692–2450.
                                                  the Clean Air Act (CAA) section                                                                                    4. Mail: Pamela Blakley, Chief,
                                                  110(a)(2)(E)(ii) for the 2008 8-hour                    AGENCY: Environmental Protection                        Control Strategies Section, Air Programs
                                                  Ozone National Ambient Air Quality                      Agency.                                                 Branch (AR–18J), U.S. Environmental
                                                  Standards concerning state board                        ACTION: Direct final rule.                              Protection Agency, 77 West Jackson
                                                  majority requirements respecting                                                                                Boulevard, Chicago, Illinois 60604.
                                                  significant portion of income. EPA is                   SUMMARY:   The Environmental Protection                    5. Hand Delivery: Pamela Blakley,
                                                  disapproving MDEQ’s submittal with                      Agency (EPA) is approving, under the                    Chief, Control Strategies Section, Air
                                                  respect to section 128(a)(1) because a                  Clean Air Act, a revision to Ohio’s                     Programs Branch (AR–18J), U.S.
                                                  majority of board members may still                     transportation conformity state                         Environmental Protection Agency, 77
                                                  derive a significant portion of income                  implementation plan (SIP) that meets                    West Jackson Boulevard, Chicago,
                                                  from persons subject to permits or                      EPA and United States Department of                     Illinois 60604. Such deliveries are only
                                                                                                          Transportation (DOT) requirements.                      accepted during the Regional Office
                                                  enforcement orders issued by the
                                                                                                          This revision brings Ohio’s                             normal hours of operation, and special
                                                  Mississippi Boards, therefore, its current
                                                                                                          transportation conformity SIP into                      arrangements should be made for
                                                  SIP does not meet the section 128(a)(1)
                                                                                                          compliance with the requirements of the                 deliveries of boxed information. The
                                                  majority requirements respecting                        Safe, Accountable, Flexible, Efficient
                                                  significant portion of income for the                                                                           Regional Office official hours of
                                                                                                          Transportation Act: A Legacy for Users
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  2008 8-hour Ozone National Ambient                                                                              business are Monday through Friday,
                                                                                                          (SAFETEA–LU).                                           8:30 a.m. to 4:30 p.m., excluding
                                                  Air Quality Standards.
                                                                                                          DATES: This direct final rule will be                   Federal holidays.
                                                  [FR Doc. 2015–04140 Filed 2–27–15; 8:45 am]             effective May 1, 2015, unless EPA                          Instructions: Direct your comments to
                                                  BILLING CODE 6560–50–P                                  receives adverse comments by April 1,                   Docket ID No. EPA–R05–OAR–2014–
                                                                                                          2015. If adverse comments are received,                 0662. EPA’s policy is that all comments
                                                                                                          EPA will publish a timely withdrawal of                 received will be included in the public
                                                                                                          the direct final rule in the Federal                    docket without change and may be


                                             VerDate Sep<11>2014   14:17 Feb 27, 2015   Jkt 235001   PO 00000     Frm 00057   Fmt 4700   Sfmt 4700   E:\FR\FM\02MRR1.SGM   02MRR1


                                                  11134               Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations

                                                  made available online at                                EPA. This supplementary information                   responsibilities for involved Federal,
                                                  www.regulations.gov, including any                      section is arranged as follows:                       state agencies, and local agencies that
                                                  personal information provided, unless                   I. What is the background for this action?            must conduct transportation conformity
                                                  the comment includes information                        II. What is EPA’s analysis of the state’s             planning and consultation.
                                                  claimed to be Confidential Business                          submittal?
                                                                                                          III. What action is EPA taking?
                                                                                                                                                                II. What is EPA’s analysis of the state’s
                                                  Information (CBI) or other information
                                                                                                          IV. Statutory and Executive Order Reviews.            submittal?
                                                  whose disclosure is restricted by statute.
                                                  Do not submit information that you                      I. What is the background for this                    A. Background
                                                  consider to be CBI or otherwise                         action?                                                 For EPA approval, the submittal must
                                                  protected through www.regulations.gov                                                                         address and give full legal effect to
                                                  or email. The www.regulations.gov Web                      A transportation conformity SIP can
                                                                                                          be adopted as a state rule, a                         requirements laid out in three sections
                                                  site is an ‘‘anonymous access’’ system,                                                                       of title 40, part 93, subpart A of the
                                                  which means EPA will not know your                      memorandum of understanding, or a
                                                                                                          memorandum of agreement. The                          Code of Federal Regulations: § 93.105,
                                                  identity or contact information unless                                                                        § 93.122(a)(4)(ii), and § 93.125(c).
                                                                                                          appropriate form of the state
                                                  you provide it in the body of your
                                                                                                          transportation conformity procedures                  40 CFR 93.105: Consultation
                                                  comment. If you send an email
                                                                                                          depends upon the requirements of local
                                                  comment directly to EPA without going                                                                            Section 93.105 describes SIP
                                                                                                          or state law, as long as the selected form
                                                  through www.regulations.gov your email                                                                        requirements for interagency
                                                                                                          complies with all Clean Air Act
                                                  address will be automatically captured                                                                        consultation (between Federal, state,
                                                                                                          requirements for adoption, submission
                                                  and included as part of the comment                                                                           and local agencies), conflict resolution,
                                                                                                          to EPA, and implementation of SIPs.
                                                  that is placed in the public docket and                                                                       and public consultation. A
                                                                                                          EPA will accept state transportation
                                                  made available on the Internet. If you                                                                        transportation conformity SIP must
                                                                                                          conformity SIPs in any form provided
                                                  submit an electronic comment, EPA                                                                             include well defined interagency
                                                                                                          the state can demonstrate to EPA’s
                                                  recommends that you include your                        satisfaction that, as a matter of state law,          consultation procedures that define the
                                                  name and other contact information in                   the state has adequate authority to                   roles and responsibilities for each
                                                  the body of your comment and with any                   compel compliance with the                            participating agency. These consultation
                                                  disk or CD–ROM you submit. If EPA                       requirements of the conformity SIP.                   procedures must include provisions for
                                                  cannot read your comment due to                            The Ohio Environmental Protection                  circulating materials for comment before
                                                  technical difficulties and cannot contact               Agency (Ohio EPA) collaborated with                   formal adoption, processes for
                                                  you for clarification, EPA may not be                   the Akron Metropolitan Area                           convening consultation meetings, and
                                                  able to consider your comment.                          Transportation Study, the Clark County-               processes for responding to significant
                                                  Electronic files should avoid the use of                Springfield Transportation Coordinating               comments of involved agencies. In
                                                  special characters, any form of                         Committee, the Eastgate Regional                      addition, procedures for involved
                                                  encryption, and be free of any defects or               Council of Governments, EPA, the Erie                 Federal, state, and local agencies must
                                                  viruses.                                                Regional Planning Commission, the                     be included that address:
                                                     Docket: All documents in the docket                  Federal Highway Administration                           • Evaluation and selection of an
                                                  are listed in the www.regulations.gov                   (FHWA), the Federal Transit                           emissions model and associated
                                                  index. Although listed in the index,                    Administration (FTA), the Indiana                     methods and assumptions to be used in
                                                  some information is not publicly                        Department of Environmental                           hot-spot and regional emissions
                                                  available, e.g., CBI or other information               Management, the Indiana Department of                 analyses, including determining which
                                                  whose disclosure is restricted by statute.              Transportation, the Kentucky-Ohio-                    minor arterials and other transportation
                                                  Certain other material, such as                         West Virginia Interstate Planning                     projects should be considered regionally
                                                  copyrighted material, will be publicly                  Commission, the Ohio-Kentucky-                        significant for purposes of regional
                                                  available only in hard copy. Publicly                   Indiana Regional Council of                           emissions analyses.
                                                  available docket materials are available                Governments, the Ohio Department of                      • Evaluation and selection of an
                                                  either electronically in                                Transportation, the Licking County Area               emissions model, associated methods
                                                  www.regulations.gov or in hard copy at                  Transportation Study, the Lima-Allen                  and assumptions, and projects to be
                                                  the Environmental Protection Agency,                    County Regional Planning Commission,                  included in determining conformity in
                                                  Region 5, Air and Radiation Division, 77                the Miami Valley Regional Planning                    isolated rural nonattainment and
                                                  West Jackson Boulevard, Chicago,                        Commission, the Mid-Ohio Regional                     maintenance areas.
                                                  Illinois 60604. This facility is open from              Planning Commission, the Northeast                       • Evaluation of events that will
                                                  8:30 a.m. to 4:30 p.m., Monday through                  Ohio Areawide Coordinating Agency,                    trigger new conformity determinations.
                                                  Friday, excluding Federal holidays. We                  the Toledo Metropolitan Area Council                     • Consultation on emissions analyses
                                                  recommend that you telephone Anthony                    of Governments, the West Virginia                     for transportation activities that cross
                                                  Maietta, Environmental Protection                       Department of Environmental                           metropolitan planning organization
                                                  Specialist, at (312) 353–8777 before                    Protection, and the West Virginia                     (MPO), nonattainment area, or air basin
                                                  visiting the Region 5 office.                           Department of Transportation (the                     borders.
                                                  FOR FURTHER INFORMATION CONTACT:                        agencies listed in this paragraph are                    • Determination of conformity of
                                                  Anthony Maietta, Environmental                          referenced as ‘‘Federal, state, and local             projects that might lie outside of a
                                                  Protection Specialist, Control Strategies               agencies’’ throughout this document) to               metropolitan planning area, but within
                                                  Section, Air Programs Branch (AR–18J),                                                                        a nonattainment area, if such a situation
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                                                                                                          develop a transportation conformity SIP
                                                  Environmental Protection Agency,                        revision that meets EPA and DOT                       exists.
                                                  Region 5, 77 West Jackson Boulevard,                    transportation conformity requirements                   • Disclosure of any regionally
                                                  Chicago, Illinois 60604, (312) 353–8777,                resulting from passage of SAFETEA–LU.                 significant projects which are not
                                                  maietta.anthony@epa.gov.                                   On August 20, 2014, the Ohio EPA                   FHWA or FTA projects to the MPO on
                                                  SUPPLEMENTARY INFORMATION:                              submitted a request to EPA to revise the              a regular basis.
                                                  Throughout this document whenever                       Ohio transportation conformity SIP to                    • Interagency consultation on data
                                                  ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             include procedures, roles, and                        collection efforts and regional


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                                                                      Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations                                           11135

                                                  transportation model development by                     are publishing a separate document that               Order 13132 (64 FR 43255, August 10,
                                                  the MPO.                                                will serve as the proposal to approve the             1999);
                                                     • Provision of final documentation                   state plan if relevant adverse written                   • Is not an economically significant
                                                  and supporting information to each                      comments are filed. This rule will be                 regulatory action based on health or
                                                  agency after approval or adoption.                      effective May 1, 2015 without further                 safety risks subject to Executive Order
                                                     • Resolution of conflicts among state                notice unless we receive relevant                     13045 (62 FR 19885, April 23, 1997);
                                                  agencies or between state agencies and                  adverse written comments by April 1,                     • Is not a significant regulatory action
                                                  an MPO.                                                 2015. If we receive such comments, we                 subject to Executive Order 13211 (66 FR
                                                     • Public consultation for affected                   will withdraw this action before the                  28355, May 22, 2001);
                                                  agencies that make conformity                           effective date by publishing a                           • Is not subject to requirements of
                                                  determinations on transportation plans,                 subsequent document that will                         Section 12(d) of the National
                                                  programs, and projects consistent with                  withdraw the final action. All public                 Technology Transfer and Advancement
                                                  the public consultation requirements                    comments received will then be                        Act of 1995 (15 U.S.C. 272 note) because
                                                  listed in 23 CFR 450.316(a).                            addressed in a subsequent final rule                  application of those requirements would
                                                                                                          based on the proposed action. EPA will                be inconsistent with the Clean Air Act;
                                                  The Regulations at 40 CFR                                                                                     and
                                                  93.122(a)(4)(ii) and 40 CFR 93.125(c):                  not institute a second comment period.
                                                                                                          Any parties interested in commenting                     • Does not provide EPA with the
                                                  Written Commitments for Control and                                                                           discretionary authority to address, as
                                                  Mitigation Measures                                     on this action should do so at this time.
                                                                                                                                                                appropriate, disproportionate human
                                                                                                          Please note that if EPA receives adverse
                                                     The regulation at 40 CFR                                                                                   health or environmental effects, using
                                                                                                          comment on an amendment, paragraph,
                                                  93.122(a)(4)(ii) provides that a                                                                              practicable and legally permissible
                                                                                                          or section of this rule and if that
                                                  transportation conformity SIP must                                                                            methods, under Executive Order 12898
                                                                                                          provision may be severed from the
                                                  contain provisions to ensure that any                                                                         (59 FR 7629, February 16, 1994).
                                                                                                          remainder of the rule, EPA may adopt                     In addition, the SIP is not approved
                                                  emission reduction credits from control                 as final those provisions of the rule that
                                                  measures that are not included in the                                                                         to apply on any Indian reservation land
                                                                                                          are not the subject of an adverse                     or in any other area where EPA or an
                                                  SIP and that do not require a regulatory                comment. If we do not receive any
                                                  action in order to be implemented will                                                                        Indian tribe has demonstrated that a
                                                                                                          comments, this action will be effective               tribe has jurisdiction. In those areas of
                                                  not be included in a project level                      May 1, 2015.
                                                  conformity determination unless the                                                                           Indian country, the rule does not have
                                                  National Environmental Policy Act                       IV. Statutory and Executive Order                     tribal implications and will not impose
                                                  document includes written                               Reviews                                               substantial direct costs on tribal
                                                  commitments from the appropriate                                                                              governments or preempt tribal law as
                                                                                                             Under the Clean Air Act, the                       specified by Executive Order 13175.
                                                  entities to implement those control                     Administrator is required to approve a
                                                  measures. These written commitments                                                                              The Congressional Review Act, 5
                                                                                                          SIP submission that complies with the                 U.S.C. 801 et seq., as added by the Small
                                                  must be obtained by the initiating party                provisions of the Clean Air Act and
                                                  prior to a conformity determination and                                                                       Business Regulatory Enforcement
                                                                                                          applicable Federal regulations. 42                    Fairness Act of 1996, generally provides
                                                  the written commitments must be                         U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
                                                  addressed by the initiating party.                                                                            that before a rule may take effect, the
                                                                                                          in reviewing SIP submissions, EPA’s                   agency promulgating the rule must
                                                     The regulation at 40 CFR 93.125(c)
                                                                                                          role is to approve state choices,                     submit a rule report, which includes a
                                                  provides that a transportation
                                                                                                          provided that they meet the criteria of               copy of the rule, to each House of the
                                                  conformity SIP must contain provisions
                                                                                                          the Clean Air Act. Accordingly, this                  Congress and to the Comptroller General
                                                  that ensure project-level mitigation
                                                                                                          action merely approves state law as                   of the United States. EPA will submit a
                                                  measures will be identified with written
                                                                                                          meeting Federal requirements and does                 report containing this action and other
                                                  commitments if those mitigation
                                                                                                          not impose additional requirements                    required information to the U.S. Senate,
                                                  measures are part of the conditions for
                                                                                                          beyond those imposed by state law. For                the U.S. House of Representatives, and
                                                  making the project level conformity
                                                                                                          that reason, this action:                             the Comptroller General of the United
                                                  determination. The commitments must
                                                                                                             • Is not a ‘‘significant regulatory                States prior to publication of the rule in
                                                  be included in the project design and
                                                                                                          action’’ subject to review by the Office              the Federal Register. A major rule
                                                  scope used in the regional emissions
                                                                                                          of Management and Budget under                        cannot take effect until 60 days after it
                                                  analysis or project-level hot-spot
                                                                                                          Executive Orders 12866 (58 FR 51735,                  is published in the Federal Register.
                                                  analysis.
                                                     The transportation conformity SIP                    October 4, 1993) and 13563 (76 FR 3821,               This action is not a ‘‘major rule’’ as
                                                  revision submitted by the Ohio EPA on                   January 21, 2011);                                    defined by 5 U.S.C. 804(2).
                                                  August 20, 2014, meets the                                 • Does not impose an information                      Under section 307(b)(1) of the Clean
                                                  requirements of 40 CFR 93.105,                          collection burden under the provisions                Air Act, petitions for judicial review of
                                                  93.122(a)(4)(ii), and 93.125(c) and                     of the Paperwork Reduction Act (44                    this action must be filed in the United
                                                  therefore is approvable into the Ohio                   U.S.C. 3501 et seq.);                                 States Court of Appeals for the
                                                  SIP.                                                       • Is certified as not having a                     appropriate circuit by May 1, 2015.
                                                                                                          significant economic impact on a                      Filing a petition for reconsideration by
                                                  III. What action is EPA taking?                         substantial number of small entities                  the Administrator of this final rule does
                                                     EPA is approving a revision to Ohio’s                under the Regulatory Flexibility Act (5               not affect the finality of this action for
                                                  transportation conformity SIP submitted                 U.S.C. 601 et seq.);                                  the purposes of judicial review nor does
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                                                  by Ohio EPA on August 20, 2014. We                         • Does not contain any unfunded                    it extend the time within which a
                                                  are publishing this action without prior                mandate or significantly or uniquely                  petition for judicial review may be filed,
                                                  proposal because we view this as a                      affect small governments, as described                and shall not postpone the effectiveness
                                                  noncontroversial amendment and                          in the Unfunded Mandates Reform Act                   of such rule or action. Parties with
                                                  anticipate no adverse comments.                         of 1995 (Pub. L. 104–4);                              objections to this direct final rule are
                                                  However, in the proposed rules section                     • Does not have Federalism                         encouraged to file a comment in
                                                  of this Federal Register publication, we                implications as specified in Executive                response to the parallel notice of


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                                                  11136               Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations

                                                  proposed rulemaking for this action                     ENVIRONMENTAL PROTECTION                              available either electronically through
                                                  published in the proposed rules section                 AGENCY                                                www.regulations.gov or in hard copy at
                                                  of today’s Federal Register, rather than                                                                      the Air Regulatory Management Section,
                                                  file an immediate petition for judicial                 40 CFR Part 52                                        (formerly the Regulatory Development
                                                  review of this direct final rule, so that               [EPA–R04–OAR–2012–0694; FRL–9923–56–                  Section), Air Planning and
                                                  EPA can withdraw this direct final rule                 Region 4]                                             Implementation Branch, (formerly the
                                                  and address the comment in the                                                                                Air Planning Branch), Air, Pesticides
                                                  proposed rulemaking. This action may                    Approval and Promulgation of                          and Toxics Management Division, U.S.
                                                  not be challenged later in proceedings to               Implementation Plans; South Carolina;                 Environmental Protection Agency,
                                                  enforce its requirements. (See section                  Infrastructure Requirements for the                   Region 4, 61 Forsyth Street SW.,
                                                  307(b)(2).)                                             2008 8-Hour Ozone National Ambient                    Atlanta, Georgia 30303–8960. EPA
                                                                                                          Air Quality Standards                                 requests that if at all possible, you
                                                  List of Subjects in 40 CFR Part 52                                                                            contact the person listed in the FOR
                                                                                                          AGENCY:  Environmental Protection
                                                                                                                                                                FURTHER INFORMATION CONTACT section to
                                                    Environmental protection, Air                         Agency (EPA).
                                                  pollution control, Carbon monoxide,                                                                           schedule your inspection. The Regional
                                                                                                          ACTION: Final rule.
                                                  Incorporation by reference,                                                                                   Office’s official hours of business are
                                                  Intergovernmental relations, Nitrogen                   SUMMARY:   The Environmental Protection               Monday through Friday, 8:30 a.m. to
                                                  dioxide, Ozone, Particulate matter,                     Agency (EPA) is taking final action to                4:30 p.m. excluding Federal holidays.
                                                  Reporting and recordkeeping                             approve the July 17, 2012, State                      FOR FURTHER INFORMATION CONTACT:
                                                  requirements, Volatile organic                          Implementation Plan (SIP) submission,                 Nacosta C. Ward, Air Regulatory
                                                  compounds.                                              provided by the South Carolina                        Management Section, Air Planning and
                                                                                                          Department of Health and                              Implementation Branch, Air, Pesticides
                                                    Dated: February 12, 2015.                             Environmental Control (SC DHEC) for                   and Toxics Management Division, U.S.
                                                  Susan Hedman,                                           inclusion into the South Carolina SIP.                Environmental Protection Agency,
                                                  Regional Administrator, Region 5.                       This final rulemaking pertains to the                 Region 4, 61 Forsyth Street SW.,
                                                                                                          Clean Air Act (CAA or the Act)                        Atlanta, Georgia 30303–8960. The
                                                      40 CFR part 52 is amended as follows:               infrastructure requirements for the 2008              telephone number is (404) 562–9140.
                                                                                                          8-hour ozone national ambient air                     Ms. Ward can be reached via electronic
                                                  PART 52—APPROVAL AND                                    quality standards (NAAQS). The CAA                    mail at ward.nacosta@epa.gov.
                                                  PROMULGATION OF                                         requires that each state adopt and                    SUPPLEMENTARY INFORMATION:
                                                  IMPLEMENTATION PLANS                                    submit a SIP for the implementation,
                                                                                                          maintenance and enforcement of each                   I. Background
                                                  ■ 1. The authority citation for part 52                 NAAQS promulgated by EPA, which is                      Upon promulgation of a new or
                                                  continues to read as follows:                           commonly referred to as an                            revised NAAQS, sections 110(a)(1) and
                                                      Authority: 42 U.S.C. 7401 et seq.                   ‘‘infrastructure’’ SIP. SC DHEC certified             (2) of the CAA require states to address
                                                                                                          that the South Carolina SIP contains                  basic SIP requirements, including
                                                  ■ 2. Section 52.1880 is amended by                      provisions that ensure the 2008 8-hour                emissions inventories, monitoring, and
                                                  adding paragraph (u) to read as follows:                ozone NAAQS is implemented,                           modeling to assure attainment and
                                                                                                          enforced, and maintained in South                     maintenance for that new NAAQS.
                                                  § 52.1880    Control strategy; Particulate              Carolina (hereafter referred to as an
                                                  matter.
                                                                                                                                                                Section 110(a) of the CAA generally
                                                                                                          ‘‘infrastructure SIP submission’’). With              requires states to make a SIP submission
                                                  *      *    *     *     *                               the exception of provisions pertaining to             to meet applicable requirements in
                                                     (u) Approval—On August 20, 2014,                     prevention of significant deterioration               order to provide for the implementation,
                                                  the State of Ohio submitted a revision                  (PSD) permitting, interstate transport,               maintenance, and enforcement of a new
                                                  to their Particulate Matter State                       and visibility protection requirements,               or revised NAAQS within three years
                                                  Implementation Plan. The submittal                      EPA is taking final action to approve                 following the promulgation of such
                                                  established transportation conformity                   South Carolina’s infrastructure SIP                   NAAQS, or within such shorter period
                                                  ‘‘Conformity’’ criteria and procedures                  submission, provided to EPA on July 17,               as EPA may prescribe. These SIP
                                                  related to interagency consultation, and                2012, because it addresses the                        submissions are commonly referred to
                                                  enforceability of certain transportation                infrastructure elements for the 2008 8-               as ‘‘infrastructure’’ SIP submissions.
                                                  related control and mitigation measures.                hour ozone NAAQS.                                     Section 110(a) imposes the obligation
                                                                                                          DATES: This rule will be effective April              upon states to make an infrastructure
                                                  ■ 3. Section 52.1885 is amended by
                                                                                                          1, 2015.                                              SIP submission to EPA for a new or
                                                  adding paragraph (ll) to read as follows:
                                                                                                          ADDRESSES: EPA has established a                      revised NAAQS, but the contents of that
                                                  § 52.1885    Control strategy; Ozone.                   docket for this action under Docket                   submission may vary depending upon
                                                  *       *   *    *     *                                Identification No. EPA–R04–OAR–                       the facts and circumstances. In
                                                                                                          2012–0694. All documents in the docket                particular, the data and analytical tools
                                                     (ll) Approval—On August 20, 2014,                    are listed on the www.regulations.gov                 available at the time the state develops
                                                  the State of Ohio submitted a revision                  Web site. Although listed in the index,               and submits the infrastructure SIP for a
                                                  to their Ozone State Implementation                     some information is not publicly                      new or revised NAAQS affect the
                                                  Plan. The submittal established                         available, i.e., Confidential Business                content of the submission. The contents
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                                                  transportation conformity ‘‘Conformity’’                Information or other information whose                of such infrastructure SIP submissions
                                                  criteria and procedures related to                      disclosure is restricted by statute.                  may also vary depending upon what
                                                  interagency consultation, and                           Certain other material, such as                       provisions the state’s existing SIP
                                                  enforceability of certain transportation                copyrighted material, is not placed on                already contains. In the case of the 2008
                                                  related control and mitigation measures.                the Internet and will be publicly                     8-hour ozone NAAQS, states typically
                                                  [FR Doc. 2015–04146 Filed 2–27–15; 8:45 am]             available only in hard copy form.                     have met the basic program elements
                                                  BILLING CODE 6560–50–P                                  Publicly available docket materials are               required in section 110(a)(2) through


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Document Created: 2015-12-18 12:07:45
Document Modified: 2015-12-18 12:07:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective May 1, 2015, unless EPA receives adverse comments by April 1, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactAnthony Maietta, Environmental Protection Specialist, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8777, [email protected]
FR Citation80 FR 11133 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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