80_FR_12607 80 FR 12561 - Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Transportation Conformity

80 FR 12561 - Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Transportation Conformity

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 46 (March 10, 2015)

Page Range12561-12564
FR Document2015-05260

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Rhode Island on February 21, 2014. This revision includes a regulation adopted by Rhode Island that establishes procedures to follow for transportation conformity determinations. 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 national ambient air quality standards. The intended effect of this action is to approve Rhode Island's transportation conformity regulation into the Rhode Island SIP. This action is being taken in accordance with the Clean Air Act.

Federal Register, Volume 80 Issue 46 (Tuesday, March 10, 2015)
[Federal Register Volume 80, Number 46 (Tuesday, March 10, 2015)]
[Rules and Regulations]
[Pages 12561-12564]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05260]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0275; A-1-FRL-9924-17-Region 1]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Transportation Conformity

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Rhode 
Island on February 21, 2014. This revision includes a regulation 
adopted by Rhode Island that establishes procedures to follow for 
transportation conformity

[[Page 12562]]

determinations. 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 national 
ambient air quality standards. The intended effect of this action is to 
approve Rhode Island's transportation conformity regulation into the 
Rhode Island SIP. This action is being taken in accordance with the 
Clean Air Act.

DATES: This direct final rule will be effective May 11, 2015, unless 
EPA receives adverse comments by April 9, 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 Number EPA-
R01-OAR-2014-0275 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected]
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2014-0275, Anne 
Arnold, U.S. Environmental Protection Agency, EPA New England Regional 
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912.
    5. Hand Delivery or Courier: Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912. Such deliveries are only accepted during the Regional Office's 
normal hours of operation. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
legal holidays.
    Instructions: Direct your comments to Docket ID No EPA-R01-OAR-
2014-0275. EPA's policy is that all comments received will be included 
in the public docket without change and may be 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 through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
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 electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, 5 Post Office Square--
Suite 100, Boston, MA. EPA requests that if at all possible, you 
contact the contact listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding legal holidays.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency; Office of Air Resources, Department of Environmental 
Management, 235 Promenade Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Anne Arnold, Air Quality Unit, U.S. 
Environmental Protection Agency, EPA New England Regional Office, 5 
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number (617) 918-1047, fax number (617) 918-1047, email 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background
    A. What is transportation conformity?
    B. What are the transportation conformity provisions of SAFETEA-
LU (Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users)?
II. Rhode Island's SIP Revision
III. EPA's Evaluation of Rhode Island's SIP Revision
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

A. What is transportation conformity?

    Transportation conformity is required under Section 176(c) of the 
Clean Air Act (CAA) to ensure that Federally supported highway, transit 
projects, and other activities are consistent with (``conform to'') the 
purpose of the SIP. Conformity currently applies to areas that are 
designated nonattainment, and those redesignated to attainment after 
1990 (maintenance areas) with plans developed under section 175A of the 
Clean Air Act, for the following transportation related criteria 
pollutants: Ozone, particulate matter (PM2.5 and 
PM10), carbon monoxide (CO), and nitrogen dioxide 
(NO2). 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 
national ambient air quality standards (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.
    In the CAA, Congress recognized that actions taken by Federal 
agencies could affect State, Tribal, and local agencies' ability to 
attain and maintain the 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

[[Page 12563]]

provisions in section 176(c). Because certain provisions of section 
176(c) apply only to highway and mass transit funding and approval 
actions, EPA published two set of regulations to implement section 
176(c). The Transportation Conformity Regulations (40 CFR 51, Subpart 
T, and 40 CFR 93, Subpart A), first published on November 24, 1993 (58 
FR 62188), address Federal actions related to highway and mass transit 
funding and approval actions. The General Conformity Regulations (40 
CFR 51, Subpart W, and 40 CFR 93, Subpart B), published on November 30, 
1993 (58 FR 63214), cover all other Federal actions. These two 
conformity regulations have been revised numerous times. Today's action 
focuses only on transportation conformity.
    When promulgated in 1993, the Federal transportation conformity 
rule at 40 CFR 51.395 mandated that the transportation conformity SIP 
revision incorporate several provisions \1\ of the rule in verbatim 
form, except in so far as needed to give effect to a stated intent to 
establish criteria and procedures more stringent than the requirements 
stated in these sections.
---------------------------------------------------------------------------

    \1\ Specifically, those sections are: 51.392, 51.394, 51.398, 
51.400, 51.404, 51.410, 51.412, 51.414, 51.416, 51.418, 51.420, 
51.422, 51.424, 51.426, 51.428, 51.430, 51.432, 51.434, 51.436, 
51.438, 51.440, 51.442, 51.444, 51.446, 51,448, 51.450, 51.460, and 
51.462.
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B. What are the transportation conformity provisions of SAFETEA-LU?

    On August 10, 2005, SAFETEA-LU was signed into law streamlining the 
requirements for conformity SIPs. Prior to SAFETEA-LU being signed into 
law, states were required to address all of the Federal conformity 
rule's provisions in their conformity SIPs.
    Under SAFETEA-LU, states are required to address and tailor only 
three sections of the conformity rule in their conformity SIPs. These 
three sections of the Federal rule which must meet a state's individual 
circumstances are: 40 CFR 93.105, which addresses consultation 
procedures; 40 CFR 93.122(a)(4)(ii), which requires that written 
commitments be obtained for control measures that are not included in a 
Metropolitan Planning Organization's transportation plan and 
transportation improvement program prior to a conformity determination, 
and that such commitments be fulfilled; and, 40 CFR 93.125(c) which 
requires that written commitments be obtained for mitigation measures 
prior to a project level conformity determination, and that project 
sponsors must comply with such commitments. In general, states are no 
longer required to submit conformity SIP revisions that address the 
other sections of the conformity rule. This provision took effect on 
August 10, 2005, when SAFETEA-LU was signed into law.

II. Rhode Island's SIP Revision

    On February 21, 2014, the Rhode Island Department of Environmental 
Management (RI DEM) submitted a SIP revision to EPA. This SIP revision 
includes Rhode Island's Air Pollution Control Regulation No. 49, 
``Transportation Conformity.'' The stated purpose of this regulation is 
to fulfill the requirement to establish a SIP revision that addresses 
the three sections of the Federal transportation conformity rule 
discussed above.

III. EPA's Evaluation of Rhode Island's SIP Revision

    We have reviewed Rhode Island's SIP submittal to ensure consistency 
with the Clean Air Act, as amended by SAFETEA-LU, and EPA regulations 
governing state procedures for transportation conformity and 
interagency consultation (40 CFR part 93, subpart A and 40 CFR 51.390) 
and have concluded that the SIP submittal is approvable. Specifically, 
Rhode Island's Regulation No. 49, ``Transportation Conformity,'' 
adequately addresses the three sections of the Federal transportation 
conformity rule discussed above (consultation procedures, written 
commitments for control measures and mitigation measures, and project 
sponsors' compliance with such commitments).
    In addition, Rhode Island's February 21, 2014 SIP revision meets 
the requirements set forth in section 110 of the CAA with respect to 
adoption and submission of SIP revisions. The approval of Rhode 
Island's transportation conformity SIP revision will strengthen the 
Rhode Island SIP and will assist the state in complying with the 
Federal NAAQS. Therefore, EPA is approving Rhode Island's 
transportation conformity SIP revision to comply with the most recent 
Federal transportation conformity requirements.

IV. Final Action

    EPA is approving, and incorporating into the Rhode Island SIP, 
Rhode Island's Air Pollution Control Regulation No. 49, 
``Transportation Conformity.''
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment 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 
relevant adverse comments be filed. This rule will be effective May 11, 
2015 without further notice unless the Agency receives relevant adverse 
comments by April 9, 2015.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on May 11, 2015 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, EPA 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 Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the 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

[[Page 12564]]

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 (65 FR 67249, November 9, 2000).
    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 11, 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 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 4, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart OO--Rhode Island

0
2. In Sec.  52.2070 the table in paragraph (c) is amended by adding a 
new entry entitled ``Air Pollution Control Regulation 49'' after the 
entry for ``Air Pollution Control Regulation 45'' to read as follows:


Sec.  52.2070  Identification of plan.

* * * * *
    (c) EPA Approved regulations.

                                      EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State
          State citation                Title/subject     effective date    EPA approval date     Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Air Pollution Control Regulation    Transportation            10/20/2011  3/10/2015 [Insert
 49.                                 Conformity.                           Federal Register
                                                                           citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-05260 Filed 3-9-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Rules and Regulations                                               12561

                                                   (1) Implement and administer the                     part to the appropriate Privacy Act                   as to what information is relevant or
                                                Privacy Act program throughout the                      officials for their action.                           necessary. Due to close liaison and
                                                region.                                                                                                       working relationships with other
                                                   (2) Ensure that the collection,                      § 317.5   Procedures.                                 Federal, state, local, foreign country law
                                                maintenance, use, or dissemination of                     Procedures for processing material in               enforcement agencies, and other
                                                records of identifiable personal                        accordance with the Privacy Act of 1974               governmental agencies, information may
                                                information is in compliance with this                  are outlined in DoD 5400.11–R, DoD                    be received which may relate to a case
                                                part to assure that such action is for a                Privacy Program (32 CFR part 310).                    under the investigative jurisdiction of
                                                necessary and lawful purpose; that the                  § 317.6   Procedures for exemptions.                  another government agency. It is
                                                information is timely and accurate for                                                                        necessary to maintain this information
                                                its intended use; and that adequate                        (a) General information. There are two
                                                                                                                                                              in order to provide leads for appropriate
                                                safeguards are provided to prevent                      types of exemptions, general and
                                                                                                                                                              law enforcement purposes and to
                                                misuse of such information.                             specific. The general exemption
                                                                                                                                                              establish patterns of activity which may
                                                   (3) Prepare input for the annual                     authorizes the exemption of a system of
                                                                                                                                                              relate to the jurisdiction of other
                                                Privacy Act Report when requested by                    records from all but a few requirements
                                                                                                                                                              cooperating agencies.
                                                the DCAA Information and Privacy                        of the Privacy Act. The specific
                                                                                                                                                                (D) From subsection (e)(4)(G) through
                                                Advisor.                                                exemption authorizes exemption of a
                                                                                                                                                              (H) because this system of records is
                                                   (4) Conduct training on the Privacy                  system of records or portion thereof,
                                                                                                                                                              exempt from the access provisions of
                                                Act program for regional and FAO                        from only a few specific requirements.
                                                                                                                                                              subsection (d).
                                                personnel.                                              If a new system of records originates for
                                                                                                                                                                (E) From subsection (f) because the
                                                   (5) Provide recommendations to the                   which an exemption is proposed, or an
                                                                                                                                                              agency’s rules are inapplicable to those
                                                Regional Director through the Regional                  additional or new exemption for an
                                                                                                                                                              portions of the system that are exempt
                                                Resources Manager regarding the                         existing system of records is proposed,
                                                                                                                                                              and would place the burden on the
                                                releasability of DCAA records to                        the exemption shall be submitted with
                                                                                                                                                              agency of either confirming or denying
                                                members of the public.                                  the system of records notice. No
                                                                                                                                                              the existence of a record pertaining to a
                                                   (h) Managers, Field Audit Offices                    exemption of a system of records shall
                                                                                                                                                              requesting individual might in itself
                                                (FAOs) will:                                            be considered automatic for all records
                                                                                                                                                              provide an answer to that individual
                                                   (1) Ensure that the provisions of this               in the system. The systems manager
                                                                                                                                                              relating to an on-going investigation.
                                                part are followed in processing requests                shall review each requested record and
                                                                                                                                                              The conduct of a successful
                                                for records.                                            apply the exemptions only when this
                                                                                                                                                              investigation leading to the indictment
                                                   (2) Forward to the Regional Privacy                  will serve significant and legitimate
                                                                                                                                                              of a criminal offender precludes the
                                                Act Officer, any Privacy Act requests                   Government purposes.
                                                                                                                                                              applicability of established agency rules
                                                received directly from a member of the                     (b) Specific exemptions. (1) System
                                                                                                                                                              relating to verification of record,
                                                public, so that the request may be                      identifier and name: RDCAA 900.1,
                                                                                                                                                              disclosure of the record to that
                                                administratively controlled and                         DCAA Internal Review Case Files
                                                                                                           (i) Exemption: Any portions of this                individual, and record amendment
                                                processed.                                                                                                    procedures for this record system.
                                                   (3) Ensure the prompt review of all                  system of records which fall under the
                                                                                                        provisions of 5 U.S.C. 552a(k)(2) and                   (2) [Reserved]
                                                Privacy Act requests, and when
                                                required, coordinating those requests                   (k)(5) may be exempt from the following                 Dated: March 4, 2015.
                                                with other organizational elements.                     subsections of 5 U.S.C. 552a: (c)(3), (d),            Aaron Siegel,
                                                   (4) Provide recommendation to the                    (e)(1), (e)(4)(G), (H), and (f).                      Alternate OSD Federal Register Liaison
                                                Regional Privacy Act Officer regarding                     (ii) Authority: 5 U.S.C. 552a(k)(2) and            Officer, Department of Defense.
                                                the releasability of DCAA records to                    (k)(5)                                                [FR Doc. 2015–05374 Filed 3–9–15; 8:45 am]
                                                members of the public, along with the                      (iii) Reason: (A) From subsection                  BILLING CODE 5001–06–P
                                                responsive documents.                                   (c)(3) because disclosures from this
                                                   (5) Provide the appropriate                          system could interfere with the just,
                                                documents, along with a written                         thorough and timely resolution of the                 ENVIRONMENTAL PROTECTION
                                                justification for any denial, in whole or               complaint or inquiry, and possibly                    AGENCY
                                                in part, of a request for records to the                enable individuals to conceal their
                                                Regional Privacy Act Officer. Those                     wrongdoing or mislead the course of the               40 CFR Part 52
                                                portions to be excised should be                        investigation by concealing, destroying
                                                                                                        or fabricating evidence or documents.                 [EPA–R01–OAR–2014–0275; A–1–FRL–
                                                bracketed in red pencil, and the specific
                                                                                                           (B) From subsection (d) because                    9924–17–Region 1]
                                                exemption or exemptions cited which
                                                provide the basis for denying the                       disclosures from this system could                    Approval and Promulgation of Air
                                                requested records.                                      interfere with the just, thorough and                 Quality Implementation Plans; Rhode
                                                   (i) DCAA Employees will:                             timely resolution of the complaint or                 Island; Transportation Conformity
                                                   (1) Not disclose any personal                        inquiry, and possibly enable individuals
                                                information contained in any system of                  to conceal their wrongdoing or mislead                AGENCY: Environmental Protection
                                                records, except as authorized by this                   the course of the investigation by                    Agency.
                                                part.                                                   concealing, destroying or fabricating                 ACTION: Direct final rule.
                                                   (2) Not maintain any official files                  evidence or documents. Disclosures
                                                which are retrieved by name or other                    could also subject sources and witnesses              SUMMARY:   The Environmental Protection
mstockstill on DSK4VPTVN1PROD with RULES




                                                personal identifier without first                       to harassment or intimidation which                   Agency (EPA) is approving a State
                                                ensuring that a notice for the system has               jeopardize the safety and well-being of               Implementation Plan (SIP) revision
                                                been published in the Federal Register.                 themselves and their families.                        submitted by the State of Rhode Island
                                                   (3) Report any disclosures of personal                  (C) From subsection (e)(1) because the             on February 21, 2014. This revision
                                                information from a system of records or                 nature of the investigation functions                 includes a regulation adopted by Rhode
                                                the maintenance of any system of                        creates unique problems in prescribing                Island that establishes procedures to
                                                records that are not authorized by this                 specific parameters in a particular case              follow for transportation conformity


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                                                12562              Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Rules and Regulations

                                                determinations. Conformity to the                       www.regulations.gov Web site is an                    SUPPLEMENTARY INFORMATION:
                                                purpose of the SIP means that                           ‘‘anonymous access’’ system, which                    Throughout this document whenever
                                                transportation activities will not cause                means EPA will not know your identity                 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                new air quality violations, worsen                      or contact information unless you                     EPA.
                                                existing violations, or delay timely                    provide it in the body of your comment.                  Organization of this document. The
                                                attainment of the national ambient air                  If you send an email comment directly                 following outline is provided to aid in
                                                quality standards. The intended effect of               to EPA without going through                          locating information in this preamble.
                                                this action is to approve Rhode Island’s                www.regulations.gov your email address                I. Background
                                                transportation conformity regulation                    will be automatically captured and                       A. What is transportation conformity?
                                                into the Rhode Island SIP. This action                  included as part of the comment that is                  B. What are the transportation conformity
                                                is being taken in accordance with the                   placed in the public docket and made                        provisions of SAFETEA–LU (Safe,
                                                Clean Air Act.                                          available on the Internet. If you submit                    Accountable, Flexible, Efficient
                                                                                                        an electronic comment, EPA                                  Transportation Equity Act: A Legacy for
                                                DATES: This direct final rule will be
                                                                                                                                                                    Users)?
                                                effective May 11, 2015, unless EPA                      recommends that you include your                      II. Rhode Island’s SIP Revision
                                                receives adverse comments by April 9,                   name and other contact information in                 III. EPA’s Evaluation of Rhode Island’s SIP
                                                2015. If adverse comments are received,                 the body of your comment and with any                       Revision
                                                EPA will publish a timely withdrawal of                 disk or CD–ROM you submit. If EPA                     IV. Final Action
                                                the direct final rule in the Federal                    cannot read your comment due to                       V. Statutory and Executive Order Reviews
                                                Register informing the public that the                  technical difficulties and cannot contact
                                                                                                                                                              I. Background
                                                rule will not take effect.                              you for clarification, EPA may not be
                                                ADDRESSES: Submit your comments,                        able to consider your comment.                        A. What is transportation conformity?
                                                identified by Docket ID Number EPA–                     Electronic files should avoid the use of                 Transportation conformity is required
                                                R01–OAR–2014–0275 by one of the                         special characters, any form of                       under Section 176(c) of the Clean Air
                                                following methods:                                      encryption, and be free of any defects or             Act (CAA) to ensure that Federally
                                                   1. www.regulations.gov: Follow the                   viruses.                                              supported highway, transit projects, and
                                                on-line instructions for submitting                        Docket: All documents in the                       other activities are consistent with
                                                comments.                                               electronic docket are listed in the                   (‘‘conform to’’) the purpose of the SIP.
                                                   2. Email: arnold.anne@epa.gov                        www.regulations.gov index. Although                   Conformity currently applies to areas
                                                   3. Fax: (617) 918–0047.                              listed in the index, some information is              that are designated nonattainment, and
                                                   4. Mail: ‘‘Docket Identification                     not publicly available, i.e., CBI or other            those redesignated to attainment after
                                                Number EPA–R01–OAR–2014–0275,                           information whose disclosure is                       1990 (maintenance areas) with plans
                                                Anne Arnold, U.S. Environmental                         restricted by statute. Certain other                  developed under section 175A of the
                                                Protection Agency, EPA New England                      material, such as copyrighted material,               Clean Air Act, for the following
                                                Regional Office, Office of Ecosystem                    is not placed on the Internet and will be             transportation related criteria
                                                Protection, Air Quality Planning Unit, 5                publicly available only in hard copy                  pollutants: Ozone, particulate matter
                                                Post Office Square—Suite 100, (Mail                     form. Publicly available docket                       (PM2.5 and PM10), carbon monoxide
                                                code OEP05–2), Boston, MA 02109–                        materials are available either                        (CO), and nitrogen dioxide (NO2).
                                                3912.                                                   electronically in www.regulations.gov or              Conformity to the purpose of the SIP
                                                   5. Hand Delivery or Courier: Deliver                 in hard copy at U.S. Environmental                    means that transportation activities will
                                                your comments to: Anne Arnold,                          Protection Agency, EPA New England                    not cause new air quality violations,
                                                Manager, Air Quality Planning Unit,                     Regional Office, Office of Ecosystem                  worsen existing violations, or delay
                                                Office of Ecosystem Protection, U.S.                    Protection, 5 Post Office Square—Suite                timely attainment of the relevant
                                                Environmental Protection Agency, EPA                    100, Boston, MA. EPA requests that if at              national ambient air quality standards
                                                New England Regional Office, 5 Post                     all possible, you contact the contact                 (NAAQS). The transportation
                                                Office Square—Suite 100, (Mail code                     listed in the FOR FURTHER INFORMATION                 conformity regulation is found in 40
                                                OEP05–2), Boston, MA 02109–3912.                        CONTACT section to schedule your                      CFR part 93, subpart A and provisions
                                                Such deliveries are only accepted                       inspection. The Regional Office’s                     related to conformity SIPs are found in
                                                during the Regional Office’s normal                     official hours of business are Monday                 40 CFR 51.390.
                                                hours of operation. The Regional                        through Friday, 8:30 a.m. to 4:30 p.m.,                  In the CAA, Congress recognized that
                                                Office’s official hours of business are                 excluding legal holidays.                             actions taken by Federal agencies could
                                                Monday through Friday, 8:30 a.m. to                                                                           affect State, Tribal, and local agencies’
                                                                                                           In addition, copies of the state
                                                4:30 p.m., excluding legal holidays.                                                                          ability to attain and maintain the
                                                                                                        submittal are also available for public
                                                   Instructions: Direct your comments to                                                                      NAAQS. Congress added section 176(c)
                                                                                                        inspection during normal business
                                                Docket ID No EPA–R01–OAR–2014–                                                                                (42 U.S.C. 7506) to the CAA to ensure
                                                                                                        hours, by appointment at the State Air
                                                0275. EPA’s policy is that all comments                                                                       Federal agencies’ proposed actions
                                                                                                        Agency; Office of Air Resources,
                                                received will be included in the public                                                                       conform to the applicable SIP, Tribal
                                                                                                        Department of Environmental
                                                docket without change and may be                                                                              Implementation Plan (TIP) or Federal
                                                                                                        Management, 235 Promenade Street,
                                                made available online at                                                                                      Implementation Plan (FIP) for attaining
                                                                                                        Providence, RI 02908–5767.
                                                www.regulations.gov, including any                                                                            and maintaining the NAAQS. That
                                                personal information provided, unless                   FOR FURTHER INFORMATION CONTACT:                      section requires Federal entities to find
                                                the comment includes information                        Anne Arnold, Air Quality Unit, U.S.                   that the emissions from the Federal
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                                                claimed to be Confidential Business                     Environmental Protection Agency, EPA                  action will conform with the purposes
                                                Information (CBI) or other information                  New England Regional Office, 5 Post                   of the SIP, TIP, or FIP, or not otherwise
                                                whose disclosure is restricted by statute.              Office Square—Suite 100, (Mail code                   interfere with the State’s or Tribe’s
                                                Do not submit through                                   OEP05–2), Boston, MA 02109–3912,                      ability to attain and maintain the
                                                www.regulations.gov, or email,                          telephone number (617) 918–1047, fax                  NAAQS.
                                                information that you consider to be CBI                 number (617) 918–1047, email                             The CAA Amendments of 1990
                                                or otherwise protected. The                             arnold.anne@epa.gov.                                  clarified and strengthened the


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                                                                    Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Rules and Regulations                                          12563

                                                provisions in section 176(c). Because                    longer required to submit conformity                  publication, EPA is publishing a
                                                certain provisions of section 176(c)                     SIP revisions that address the other                  separate document that will serve as the
                                                apply only to highway and mass transit                   sections of the conformity rule. This                 proposal to approve the SIP revision
                                                funding and approval actions, EPA                        provision took effect on August 10,                   should relevant adverse comments be
                                                published two set of regulations to                      2005, when SAFETEA–LU was signed                      filed. This rule will be effective May 11,
                                                implement section 176(c). The                            into law.                                             2015 without further notice unless the
                                                Transportation Conformity Regulations                                                                          Agency receives relevant adverse
                                                                                                         II. Rhode Island’s SIP Revision
                                                (40 CFR 51, Subpart T, and 40 CFR 93,                                                                          comments by April 9, 2015.
                                                Subpart A), first published on                              On February 21, 2014, the Rhode                       If the EPA receives such comments,
                                                November 24, 1993 (58 FR 62188),                         Island Department of Environmental                    then EPA will publish a notice
                                                address Federal actions related to                       Management (RI DEM) submitted a SIP                   withdrawing the final rule and
                                                highway and mass transit funding and                     revision to EPA. This SIP revision                    informing the public that the rule will
                                                approval actions. The General                            includes Rhode Island’s Air Pollution                 not take effect. All public comments
                                                Conformity Regulations (40 CFR 51,                       Control Regulation No. 49,                            received will then be addressed in a
                                                Subpart W, and 40 CFR 93, Subpart B),                    ‘‘Transportation Conformity.’’ The                    subsequent final rule based on the
                                                published on November 30, 1993 (58 FR                    stated purpose of this regulation is to               proposed rule. The EPA will not
                                                63214), cover all other Federal actions.                 fulfill the requirement to establish a SIP            institute a second comment period on
                                                These two conformity regulations have                    revision that addresses the three                     the proposed rule. All parties interested
                                                been revised numerous times. Today’s                     sections of the Federal transportation                in commenting on the proposed rule
                                                action focuses only on transportation                    conformity rule discussed above.                      should do so at this time. If no such
                                                conformity.                                              III. EPA’s Evaluation of Rhode Island’s               comments are received, the public is
                                                   When promulgated in 1993, the                                                                               advised that this rule will be effective
                                                                                                         SIP Revision
                                                Federal transportation conformity rule                                                                         on May 11, 2015 and no further action
                                                at 40 CFR 51.395 mandated that the                          We have reviewed Rhode Island’s SIP
                                                                                                                                                               will be taken on the proposed rule.
                                                transportation conformity SIP revision                   submittal to ensure consistency with the
                                                                                                                                                               Please note that if EPA receives adverse
                                                incorporate several provisions 1 of the                  Clean Air Act, as amended by
                                                                                                                                                               comment on an amendment, paragraph,
                                                rule in verbatim form, except in so far                  SAFETEA–LU, and EPA regulations
                                                                                                                                                               or section of this rule and if that
                                                as needed to give effect to a stated intent              governing state procedures for
                                                                                                                                                               provision may be severed from the
                                                to establish criteria and procedures                     transportation conformity and
                                                                                                                                                               remainder of the rule, EPA may adopt
                                                more stringent than the requirements                     interagency consultation (40 CFR part
                                                                                                                                                               as final those provisions of the rule that
                                                stated in these sections.                                93, subpart A and 40 CFR 51.390) and
                                                                                                                                                               are not the subject of an adverse
                                                                                                         have concluded that the SIP submittal is
                                                B. What are the transportation                                                                                 comment.
                                                                                                         approvable. Specifically, Rhode Island’s
                                                conformity provisions of SAFETEA–LU?                                                                           V. Statutory and Executive Order
                                                                                                         Regulation No. 49, ‘‘Transportation
                                                   On August 10, 2005, SAFETEA–LU                        Conformity,’’ adequately addresses the                Reviews
                                                was signed into law streamlining the                     three sections of the Federal
                                                requirements for conformity SIPs. Prior                                                                           Under the Clean Air Act, the
                                                                                                         transportation conformity rule                        Administrator is required to approve a
                                                to SAFETEA–LU being signed into law,                     discussed above (consultation
                                                states were required to address all of the                                                                     SIP submission that complies with the
                                                                                                         procedures, written commitments for                   provisions of the Act and applicable
                                                Federal conformity rule’s provisions in                  control measures and mitigation
                                                their conformity SIPs.                                                                                         Federal regulations. 42 U.S.C. 7410(k);
                                                                                                         measures, and project sponsors’                       40 CFR 52.02(a). Thus, in reviewing SIP
                                                   Under SAFETEA–LU, states are                          compliance with such commitments).
                                                required to address and tailor only three                                                                      submissions, EPA’s role is to approve
                                                                                                            In addition, Rhode Island’s February
                                                sections of the conformity rule in their                                                                       state choices, provided that they meet
                                                                                                         21, 2014 SIP revision meets the
                                                conformity SIPs. These three sections of                                                                       the criteria of the Clean Air Act.
                                                                                                         requirements set forth in section 110 of
                                                the Federal rule which must meet a                                                                             Accordingly, this action merely
                                                                                                         the CAA with respect to adoption and
                                                state’s individual circumstances are: 40                                                                       approves state law as meeting Federal
                                                                                                         submission of SIP revisions. The
                                                CFR 93.105, which addresses                                                                                    requirements and does not impose
                                                                                                         approval of Rhode Island’s
                                                consultation procedures; 40 CFR                                                                                additional requirements beyond those
                                                                                                         transportation conformity SIP revision
                                                93.122(a)(4)(ii), which requires that                                                                          imposed by state law. For that reason,
                                                                                                         will strengthen the Rhode Island SIP
                                                written commitments be obtained for                                                                            this action:
                                                                                                         and will assist the state in complying
                                                control measures that are not included                   with the Federal NAAQS. Therefore,                       • Is not a significant regulatory action
                                                in a Metropolitan Planning                               EPA is approving Rhode Island’s                       subject to review by the Office of
                                                Organization’s transportation plan and                   transportation conformity SIP revision                Management and Budget under
                                                transportation improvement program                       to comply with the most recent Federal                Executive Orders 12866 (58 FR 51735,
                                                prior to a conformity determination, and                 transportation conformity requirements.               October 4, 1993) and 13563 (76 FR 3821,
                                                that such commitments be fulfilled; and,                                                                       January 21, 2011);
                                                40 CFR 93.125(c) which requires that                     IV. Final Action                                         • Does not impose an information
                                                written commitments be obtained for                         EPA is approving, and incorporating                collection burden under the provisions
                                                mitigation measures prior to a project                   into the Rhode Island SIP, Rhode                      of the Paperwork Reduction Act (44
                                                level conformity determination, and that                 Island’s Air Pollution Control                        U.S.C. 3501 et seq.);
                                                project sponsors must comply with such                   Regulation No. 49, ‘‘Transportation                      • Is certified as not having a
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                                                commitments. In general, states are no                   Conformity.’’                                         significant economic impact on a
                                                                                                            The EPA is publishing this action                  substantial number of small entities
                                                  1 Specifically, those sections are: 51.392, 51.394,    without prior proposal because the                    under the Regulatory Flexibility Act (5
                                                51.398, 51.400, 51.404, 51.410, 51.412, 51.414,          Agency views this as a noncontroversial               U.S.C. 601 et seq.);
                                                51.416, 51.418, 51.420, 51.422, 51.424, 51.426,
                                                51.428, 51.430, 51.432, 51.434, 51.436, 51.438,
                                                                                                         amendment and anticipates no adverse                     • Does not contain any unfunded
                                                51.440, 51.442, 51.444, 51.446, 51,448, 51.450,          comments. However, in the proposed                    mandate or significantly or uniquely
                                                51.460, and 51.462.                                      rules section of this Federal Register                affect small governments, as described


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                                                12564                 Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Rules and Regulations

                                                in the Unfunded Mandates Reform Act                        Fairness Act of 1996, generally provides               not be challenged later in proceedings to
                                                of 1995 (Pub. L. 104–4);                                   that before a rule may take effect, the                enforce its requirements. (See section
                                                   • Does not have Federalism                              agency promulgating the rule must                      307(b)(2).)
                                                implications as specified in Executive                     submit a rule report, which includes a
                                                                                                                                                                  List of Subjects in 40 CFR Part 52
                                                Order 13132 (64 FR 43255, August 10,                       copy of the rule, to each House of the
                                                1999);                                                     Congress and to the Comptroller General                  Environmental protection, Air
                                                   • Is not an economically significant                    of the United States. EPA will submit a                pollution control, Carbon monoxide,
                                                regulatory action based on health or                       report containing this action and other                Incorporation by reference,
                                                safety risks subject to Executive Order                    required information to the U.S. Senate,               Intergovernmental relations, Lead,
                                                13045 (62 FR 19885, April 23, 1997);                       the U.S. House of Representatives, and                 Nitrogen dioxide, Ozone, Particulate
                                                   • Is not a significant regulatory action                the Comptroller General of the United                  matter, Reporting and recordkeeping
                                                subject to Executive Order 13211 (66 FR                    States prior to publication of the rule in             requirements, Sulfur oxides, Volatile
                                                28355, May 22, 2001);                                      the Federal Register. A major rule                     organic compounds.
                                                   • Is not subject to requirements of                     cannot take effect until 60 days after it
                                                                                                                                                                    Dated: February 4, 2015.
                                                Section 12(d) of the National                              is published in the Federal Register.
                                                                                                                                                                  H. Curtis Spalding,
                                                Technology Transfer and Advancement                        This action is not a ‘‘major rule’’ as
                                                Act of 1995 (15 U.S.C. 272 note) because                   defined by 5 U.S.C. 804(2).                            Regional Administrator, EPA New England.
                                                application of those requirements would                       Under section 307(b)(1) of the Clean                  Part 52 of chapter I, title 40 of the
                                                be inconsistent with the Clean Air Act;                    Air Act, petitions for judicial review of              Code of Federal Regulations is amended
                                                and                                                        this action must be filed in the United                as follows:
                                                   • Does not provide EPA with the                         States Court of Appeals for the
                                                discretionary authority to address, as                     appropriate circuit by May 11, 2015.                   PART 52—APPROVAL AND
                                                appropriate, disproportionate human                        Filing a petition for reconsideration by               PROMULGATION OF
                                                health or environmental effects, using                     the Administrator of this final rule does              IMPLEMENTATION PLANS
                                                practicable and legally permissible                        not affect the finality of this action for
                                                methods, under Executive Order 12898                       the purposes of judicial review nor does               ■ 1. The authority citation for part 52
                                                (59 FR 7629, February 16, 1994).                           it extend the time within which a                      continues to read as follows:
                                                   In addition, the SIP is not approved                    petition for judicial review may be filed,                 Authority: 42 U.S.C. 7401 et seq.
                                                to apply on any Indian reservation land                    and shall not postpone the effectiveness
                                                or in any other area where EPA or an                       of such rule or action. Parties with                   Subpart OO—Rhode Island
                                                Indian tribe has demonstrated that a                       objections to this direct final rule are
                                                tribe has jurisdiction. In those areas of                  encouraged to file a comment in                        ■ 2. In § 52.2070 the table in paragraph
                                                Indian country, the rule does not have                     response to the parallel notice of                     (c) is amended by adding a new entry
                                                tribal implications and will not impose                    proposed rulemaking for this action                    entitled ‘‘Air Pollution Control
                                                substantial direct costs on tribal                         published in the proposed rules section                Regulation 49’’ after the entry for ‘‘Air
                                                governments or preempt tribal law as                       of today’s Federal Register, rather than               Pollution Control Regulation 45’’ to read
                                                specified by Executive Order 13175 (65                     file an immediate petition for judicial                as follows:
                                                FR 67249, November 9, 2000).                               review of this direct final rule, so that
                                                   The Congressional Review Act, 5                         EPA can withdraw this direct final rule                § 52.2070    Identification of plan.
                                                U.S.C. 801 et seq., as added by the Small                  and address the comment in the                         *       *   *    *    *
                                                Business Regulatory Enforcement                            proposed rulemaking. This action may                       (c) EPA Approved regulations.

                                                                                                       EPA-APPROVED RHODE ISLAND REGULATIONS
                                                                                                                                         State effective
                                                               State citation                             Title/subject                                           EPA approval date                Explanations
                                                                                                                                              date


                                                         *                 *                                *                        *                       *                 *                          *
                                                Air Pollution Control Regulation              Transportation Conformity ............        10/20/2011     3/10/2015 [Insert Federal Reg-
                                                  49.                                                                                                        ister citation].

                                                           *                         *                       *                       *                       *                      *                     *



                                                *      *        *       *       *                          DEPARTMENT OF VETERANS                                 SUMMARY:    This document adopts as a
                                                [FR Doc. 2015–05260 Filed 3–9–15; 8:45 am]                 AFFAIRS                                                final rule, without change, the interim
                                                BILLING CODE 6560–50–P                                                                                            final rule published in the Federal
                                                                                                           48 CFR Part 819                                        Register on September 30, 2013. This
                                                                                                                                                                  document implements a portion of the
                                                                                                           RIN 2900–AM92                                          Veterans Benefits, Health Care, and
                                                                                                                                                                  Information Technology Act of 2006,
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                                                                                                           Department of Veterans Affairs                         which requires the Department of
                                                                                                           Acquisition Regulation: Service-                       Veterans Affairs (VA) to verify
                                                                                                           Disabled Veteran-Owned and Veteran-                    ownership and control of Veteran-
                                                                                                           Owned Small Business Status Protests                   owned small businesses (VOSBs),
                                                                                                           AGENCY:    Department of Veterans Affairs.             including service-disabled Veteran-
                                                                                                                                                                  owned small businesses (SDVOSBs), in
                                                                                                           ACTION:   Final rule.
                                                                                                                                                                  order for these firms to participate in


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Document Created: 2018-02-21 09:35:06
Document Modified: 2018-02-21 09:35:06
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 11, 2015, unless EPA receives adverse comments by April 9, 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.
ContactAnne Arnold, Air Quality Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912, telephone number (617) 918-1047, fax number (617) 918-1047, email [email protected]
FR Citation80 FR 12561 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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