80 FR 73119 - Air Plan Approval; ME; Repeal of the Maine's General Conformity Provision

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 226 (November 24, 2015)

Page Range		73119-73122
FR Document		2015-29825

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Maine. This revision removes State Regulation Chapter 141--Conformity of General Federal Actions from the SIP. The intended effect of this action is to remove the repealed State Regulation and leave the Federal General Conformity provisions in place to demonstrate conformity with the applicable SIP as required by section 176(c) of the Clean Air Act. This action is being taken in accordance with the Clean Air Act.

Federal Register, Volume 80 Issue 226 (Tuesday, November 24, 2015)

[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Rules and Regulations]
[Pages 73119-73122]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-29825]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0593; A-1-FRL-9939-24-Region 1]

Air Plan Approval; ME; Repeal of the Maine's General Conformity
Provision

AGENCY: Environmental Protection Agency (EPA).

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 Maine.
This revision removes State Regulation Chapter 141--Conformity of
General Federal Actions from the SIP. The intended effect of this
action is to remove the repealed State Regulation and leave the Federal
General Conformity provisions in place to demonstrate conformity with
the applicable SIP as required by section 176(c) of the Clean Air Act.
This action is being taken in accordance with the Clean Air Act.

DATES: This direct final rule will be effective January 25, 2016,
unless EPA receives adverse comments by December 24, 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-2015-0593 by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2015-0593'',
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-
2015-0593. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://www.regulations.gov, or email, information that you consider to be CBI
or otherwise protected. The http://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 http://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
http://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 at http://www.regulations.gov or 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 and EPA's technical
support document are also available for public inspection during normal
business hours, by appointment at the State Air Agency; the Bureau of
Air Quality Control, Department of Environmental Protection, First
Floor of the Tyson Building, Augusta Mental Health Institute Complex,
Augusta, ME 04333-0017.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, 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) 918-1660, fax number (617) 918-0660, email
garcia.ariel@epa.gov.

[[Page 73120]]

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 and Purpose
II. State Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

Section 176(c) of the Clean Air Act, as amended (the Act),
prohibits Federal entities from taking actions in nonattainment or
maintenance areas which do not conform to the State Implementation Plan
(SIP) for the attainment and maintenance of the national ambient air
quality standards (NAAQS). Therefore, the purpose of conformity is to:
(1) Ensure Federal activities do not interfere with the emission
budgets in the SIPs; (2) ensure actions do not cause or contribute to
new violations; and (3) ensure attainment and maintenance of the NAAQS.
Section 176(c) of the Act also requires EPA to promulgate criteria and
procedures for demonstrating and ensuring conformity of Federal actions
to an applicable implementation plan developed pursuant to Section 110
and Part D of the Act. EPA promulgated a final rulemaking on November
30, 1993 consisting of 40 CFR part 93, subpart B ``Determining
Conformity of General Federal Actions to State or Federal
Implementation Plans,'' which applied to Federal agencies immediately
(hereafter referred to as the General Conformity rule); and 40 CFR part
51, subpart W ``Determining conformity of general Federal Actions to
State or Federal Implementation Plans'' which established requirements
for States in submitting SIPs. The general conformity rules, except for
the 40 CFR 51.851(a) language requiring State submission of a SIP
revision, were repeated at 40 CFR part 93, subpart B. The General
Conformity rule establishes the criteria and procedures governing the
determination of conformity for all Federal actions, except Federal
highway and transit actions.\1\
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\1\ Conformity to State or Federal Implementation Plans of
transportation plans, programs, and projects which are developed,
funded or approved under Title 23 U.S.C. or the Federal Transit Laws
are implemented under 40 CFR part 51, subpart T, and 40 CFR part 93,
subpart A.
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The General Conformity rule also establishes the criteria for EPA
approval of SIPs. See 40 CFR 51.851 and 93.151. These criteria provide
that the state provisions must be at least as stringent as the
requirements specified in EPA's General Conformity rule, and that they
can be more stringent only if they apply equally to Federal and non-
Federal entities (Sec. Sec. 51.851(b)). Following EPA approval of the
State conformity provisions in a SIP revision, the approved State
criteria and procedures would govern conformity determinations and the
Federal conformity regulations contained in 40 CFR part 51 and part 93
would apply only for the portion, if any, of the State's conformity
provisions that is not approved by EPA. Finally, all SIP-approved
requirements relating to general conformity remain enforceable until
the State revises its SIP to specifically remove them from the SIP and
that revision is approved by EPA.
On October 11, 1996, the State of Maine submitted a formal revision
to its SIP. The SIP revision consisted of incorporating-by-reference 40
CFR 51.850 through 51.860 (with the exception of Sec. 51.851) thereby
establishing general conformity criteria and procedures in the Maine
SIP no more stringent than the Federal rule and not imposing any
additional controls on non-Federal entities. EPA approved Maine's
General Conformity SIP through a direct final rule published in the
Federal Register on September 23, 1997, (62 FR 49608-49611) and
effective November 24, 1997.
On June 29, 2007, the State of Maine submitted a second revision to
its General Conformity SIP. This SIP revision consists of incorporating
by reference 40 CFR 51.852 (Definitions), and 51.853 (Applicability),
of 40 CFR part 51, subpart W, ``Determining Conformity of General
Federal Actions to State or Federal Implementation Plans,'' as amended
on July 17, 2006 in the Federal Register (71 FR 40420-40426). By
incorporating by reference the amended General Conformity rule, Maine's
Chapter 141 ``Conformity of General Federal Actions,'' is no more
stringent than the Federal rule and does not impose any additional
controls on non-Federal entities. EPA approved Maine's revision to its
General Conformity SIP through a direct final rule published in the
Federal Register on February 20, 2008 (73 FR 9203-9206) and effective
on April 21, 2008.
On April 5, 2010, EPA revisited the Federal General Conformity
Requirements Rule to clarify the conformity process, authorize
innovative and flexible compliance approaches, remove outdated or
unnecessary requirements, reduce the paperwork burden, provide
transition tools for implementing new standards, address issues raised
by Federal agencies affected by the rules, and provide a better
explanation of conformity regulations and policies. EPA's April 2010
revised rule simplified state SIP requirements for general conformity,
eliminating duplicative general conformity provisions codified at 40
CFR part 93, subpart B and 40 CFR part 51, subpart W by removing
section 51.850, and sections 51.852 through 51.860. Finally, the April
2010 revision updated the Federal General Conformity Requirements Rule
to reflect changes to governing laws passed by Congress since EPA's
1993 rule.
The ``Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users,'' (SAFETEA-LU) passed by Congress in 1995
contains a provision eliminating the Clean Air Act requirement for
states to adopt general conformity SIPs. As a result of SAFETEA-LU,
EPA's April 2010 General Conformity rule eliminated the Federal
regulatory requirement for states to adopt and submit general
conformity SIPs, instead making submission of a general conformity SIP
a state option.
The 2010 General Conformity amendments (Sections 51.851(c) as well
as section 93.151) restated the requirement that in the absence of an
EPA approved General Conformity SIP, Federal agencies shall use the
provisions of 40 CFR part 93, subpart B to demonstrate conformity with
the applicable implementation plan as required by section 176(c) of the
Clean Air Act (42 U.S.C. 7506).

II. State Submittal

On August 18, 2015, the Maine Department of Environmental
Protection submitted a formal SIP revision to remove Chapter 141-
Conformity of General Federal Actions. Maine's Chapter 141 regulation
incorporated-by-reference 40 CFR part 51, subpart W ``Determining
Conformity of General Federal Actions to State or Federal
Implementation Plans'' as published in the November 30, 1993, Federal
Register (58 FR 63247-63253) and amended in the July 17, 2006 Federal
Register, (71 FR 40420-40426). As stated above all of the general
conformity provisions referenced in Maine's General Conformity
regulation were deleted as duplicative on April 5, 2010. At the time
they were approved into the SIP, provisions of Maine's General
Conformity SIP were no less stringent then the Federal General
Conformity regulations, nor did the SIP establish more stringent
conformity criteria and procedures applying equally to non-Federal as
well as Federal entities.
As the State of Maine did not revise its SIP-approved Chapter 141--

[[Page 73121]]

Conformity of General Federal Actions following EPA's April 5, 2010
General Conformity amendments, the current State rule with a state
effective date of April 19, 2007, does not provide any flexibility, or
relaxation to the general conformity criteria and procedures as allowed
by the amendments.
Maine Department of Environmental Protection repealed Chapter 141
in July 2015 after public notice and opportunity for public hearing.
The removal of Chapter 141--Conformity of General Federal Actions from
the SIP will leave the Federal General Conformity Regulations at 40 CFR
93.150 through 93.165 as well as 40 CFR 51.851, in place for
administrative and enforcement purposes. Once EPA approves the removal
of Chapter 141 from Maine's SIP, Federal actions can take advantage of
the flexibility provided by the Federal General Conformity 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.

III. Final Action

EPA is approving Maine's August 18, 2015, SIP revision to remove
Chapter 141--Conformity of General Federal Actions from the SIP. EPA
has evaluated this SIP revision and has determined that the State has
complied with its administrative procedures to repeal Chapter 141. The
appropriate public participation and comprehensive interagency
consultations have been undertaken during development and adoption of
this SIP revision. Finally, EPA has determined that removing Chapter
141 from the Maine SIP will result in Federal agencies using the
provisions of 40 CFR part 93, subpart B to demonstrate conformity with
the applicable implementation plan as required by section 176(c) of the
Clean Air Act (42 U.S.C. 7506). Federal actions can take advantage of
the flexibility provided by the Federal General Conformity Rule which
includes EPA's April 2010 General Conformity Amendments.
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 January
25, 2016 without further notice unless the Agency receives relevant
adverse comments by December 24, 2015.
If 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. 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 January 25, 2016 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.

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 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 (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 January 25, 2016. 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 73122]]

proposed rulemaking for this action published in the proposed rules
section of the 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: November 5, 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 U--Maine

Sec. 52.1020 [Amended]

0
2. In Sec. 52.1020(c), the table is amended by removing the entry for
Chapter 141, ``Conformity of General Federal Actions.''

[FR Doc. 2015-29825 Filed 11-23-15; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Rules and Regulations 73119

the nearest cent). See 37 CFR intended effect of this action is to means EPA will not know your identity
386.2(b)(2). remove the repealed State Regulation or contact information unless you
and leave the Federal General provide it in the body of your comment.
List of Subjects in 37 CFR Part 386
Conformity provisions in place to If you send an email comment directly
Copyright, Satellite, Television. demonstrate conformity with the to EPA without going through http://
Final Regulations applicable SIP as required by section www.regulations.gov your email address
176(c) of the Clean Air Act. This action will be automatically captured and
In consideration of the foregoing, the is being taken in accordance with the included as part of the comment that is
Judges amend part 386 of title 37 of the Clean Air Act. placed in the public docket and made
Code of Federal Regulations as follows: available on the Internet. If you submit
DATES: This direct final rule will be
effective January 25, 2016, unless EPA an electronic comment, EPA
PART 386—ADJUSTMENT OF
receives adverse comments by recommends that you include your
ROYALTY FEES FOR SECONDARY
December 24, 2015. If adverse name and other contact information in
TRANSMISSIONS BY SATELLITE
comments are received, EPA will the body of your comment and with any
CARRIERS
publish a timely withdrawal of the disk or CD–ROM you submit. If EPA
■ 1. The authority citation for part 386 direct final rule in the Federal Register cannot read your comment due to
continues to read as follows: informing the public that the rule will technical difficulties and cannot contact
not take effect. you for clarification, EPA may not be
Authority: 17 U.S.C. 119(c), 801(b)(1).
ADDRESSES: Submit your comments, able to consider your comment.
■ 2. Section 386.2 is amended by adding identified by Docket ID Number EPA– Electronic files should avoid the use of
paragraphs (b)(1)(vii) and (b)(2)(vii), and R01–OAR–2015–0593 by one of the special characters, any form of
footnotes 3 and 4, to read as follows: following methods: encryption, and be free of any defects or
1. http://www.regulations.gov: Follow viruses.
§ 386.2 Royalty fee for secondary
transmission by satellite carriers. the on-line instructions for submitting Docket: All documents in the
* * * * * comments. electronic docket are listed in the http://
(b) * * * 2. Email: arnold.anne@epa.gov. www.regulations.gov index. Although
(1) * * * 3. Fax: (617) 918–0047. listed in the index, some information is
(vii) 2016: 27 cents per subscriber per 4. Mail: ‘‘Docket Identification not publicly available, i.e., CBI or other
month (for each month of 2016).3 Number EPA–R01–OAR–2015–0593’’, information whose disclosure is
(2) * * * Anne Arnold, U.S. Environmental restricted by statute. Certain other
(vii) 2016: 56 cents per subscriber per Protection Agency, EPA New England material, such as copyrighted material,
month (for each month of 2016).4 Regional Office, Office of Ecosystem is not placed on the Internet and will be
Protection, Air Quality Planning Unit, 5 publicly available only in hard copy
Dated: November 18, 2015.
Post Office Square—Suite 100, (Mail form. Publicly available docket
Suzanne M. Barnett,
code OEP05–2), Boston, MA 02109– materials are available at http://
Chief Copyright Royalty Judge. 3912. www.regulations.gov or at U.S.
[FR Doc. 2015–29863 Filed 11–23–15; 8:45 am] 5. Hand Delivery or Courier. Deliver Environmental Protection Agency, EPA
BILLING CODE 1410–72–P your comments to: Anne Arnold, New England Regional Office, Office of
Manager, Air Quality Planning Unit, Ecosystem Protection, 5 Post Office
Office of Ecosystem Protection, U.S. Square—Suite 100, Boston, MA. EPA
ENVIRONMENTAL PROTECTION Environmental Protection Agency, EPA requests that if at all possible, you
AGENCY New England Regional Office, 5 Post contact the contact listed in the FOR
Office Square—Suite 100, (Mail code FURTHER INFORMATION CONTACT section to
40 CFR Part 52 OEP05–2), Boston, MA 02109–3912. schedule your inspection. The Regional
[EPA–R01–OAR–2015–0593; A–1–FRL– Such deliveries are only accepted Office’s official hours of business are
9939–24–Region 1] during the Regional Office’s normal Monday through Friday, 8:30 a.m. to
hours of operation. The Regional 4:30 p.m., excluding legal holidays.
Air Plan Approval; ME; Repeal of the Office’s official hours of business are
In addition, copies of the state
Maine’s General Conformity Provision Monday through Friday, 8:30 a.m. to
submittal and EPA’s technical support
4:30 p.m., excluding legal holidays.
AGENCY: Environmental Protection document are also available for public
Instructions: Direct your comments to
Agency (EPA). inspection during normal business
Docket ID No. EPA–R01–OAR–2015–
ACTION: Direct final rule. hours, by appointment at the State Air
0593. EPA’s policy is that all comments
Agency; the Bureau of Air Quality
SUMMARY: The Environmental Protection received will be included in the public
Control, Department of Environmental
Agency (EPA) is approving a State docket without change and may be
Protection, First Floor of the Tyson
Implementation Plan (SIP) revision made available online at http://
Building, Augusta Mental Health
submitted by the State of Maine. This www.regulations.gov, including any
Institute Complex, Augusta, ME 04333–
revision removes State Regulation personal information provided, unless
0017.
Chapter 141—Conformity of General the comment includes information
Federal Actions from the SIP. The claimed to be Confidential Business FOR FURTHER INFORMATION CONTACT:
Information (CBI) or other information Ariel Garcia, Air Quality Unit, U.S.
mstockstill on DSK4VPTVN1PROD with RULES

3 Thisis the 2015 rate adjusted for the amount of whose disclosure is restricted by statute. Environmental Protection Agency, EPA
inflation as measured by the change in the Do not submit through http:// New England Regional Office, 5 Post
Consumer Price Index for All Urban Consumers All www.regulations.gov, or email, Office Square—Suite 100, (Mail code
Items from October 2014 to October 2015. information that you consider to be CBI OEP05–2), Boston, MA 02109–3912,
4 This is the 2015 rate adjusted for the amount of

inflation as measured by the change in the
or otherwise protected. The http:// telephone number (617) 918–1660, fax
Consumer Price Index for All Urban Consumers All www.regulations.gov Web site is an number (617) 918–0660, email
Items from October 2014 to October 2015. ‘‘anonymous access’’ system, which garcia.ariel@epa.gov.

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73120 Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Rules and Regulations

SUPPLEMENTARY INFORMATION: General Conformity rule, and that they provide a better explanation of
Throughout this document whenever can be more stringent only if they apply conformity regulations and policies.
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean equally to Federal and non-Federal EPA’s April 2010 revised rule simplified
EPA. entities (§§ 51.851(b)). Following EPA state SIP requirements for general
Organization of this document. The approval of the State conformity conformity, eliminating duplicative
following outline is provided to aid in provisions in a SIP revision, the general conformity provisions codified
locating information in this preamble. approved State criteria and procedures at 40 CFR part 93, subpart B and 40 CFR
I. Background and Purpose would govern conformity part 51, subpart W by removing section
II. State Submittal determinations and the Federal 51.850, and sections 51.852 through
III. Final Action conformity regulations contained in 40 51.860. Finally, the April 2010 revision
IV. Statutory and Executive Order Reviews CFR part 51 and part 93 would apply updated the Federal General Conformity
I. Background and Purpose only for the portion, if any, of the State’s Requirements Rule to reflect changes to
conformity provisions that is not governing laws passed by Congress
Section 176(c) of the Clean Air Act, as approved by EPA. Finally, all SIP- since EPA’s 1993 rule.
amended (the Act), prohibits Federal approved requirements relating to The ‘‘Safe, Accountable, Flexible,
entities from taking actions in general conformity remain enforceable Efficient Transportation Equity Act: A
nonattainment or maintenance areas until the State revises its SIP to Legacy for Users,’’ (SAFETEA–LU)
which do not conform to the State specifically remove them from the SIP passed by Congress in 1995 contains a
Implementation Plan (SIP) for the and that revision is approved by EPA. provision eliminating the Clean Air Act
attainment and maintenance of the On October 11, 1996, the State of requirement for states to adopt general
national ambient air quality standards Maine submitted a formal revision to its conformity SIPs. As a result of
(NAAQS). Therefore, the purpose of SIP. The SIP revision consisted of SAFETEA–LU, EPA’s April 2010
conformity is to: (1) Ensure Federal incorporating-by-reference 40 CFR General Conformity rule eliminated the
activities do not interfere with the 51.850 through 51.860 (with the Federal regulatory requirement for states
emission budgets in the SIPs; (2) ensure exception of § 51.851) thereby to adopt and submit general conformity
actions do not cause or contribute to establishing general conformity criteria SIPs, instead making submission of a
new violations; and (3) ensure and procedures in the Maine SIP no general conformity SIP a state option.
attainment and maintenance of the more stringent than the Federal rule and The 2010 General Conformity
NAAQS. Section 176(c) of the Act also not imposing any additional controls on amendments (Sections 51.851(c) as well
requires EPA to promulgate criteria and non-Federal entities. EPA approved as section 93.151) restated the
procedures for demonstrating and Maine’s General Conformity SIP through requirement that in the absence of an
ensuring conformity of Federal actions a direct final rule published in the EPA approved General Conformity SIP,
to an applicable implementation plan Federal Register on September 23, 1997, Federal agencies shall use the
developed pursuant to Section 110 and (62 FR 49608–49611) and effective provisions of 40 CFR part 93, subpart B
Part D of the Act. EPA promulgated a November 24, 1997. to demonstrate conformity with the
final rulemaking on November 30, 1993 On June 29, 2007, the State of Maine applicable implementation plan as
consisting of 40 CFR part 93, subpart B submitted a second revision to its required by section 176(c) of the Clean
‘‘Determining Conformity of General General Conformity SIP. This SIP Air Act (42 U.S.C. 7506).
Federal Actions to State or Federal revision consists of incorporating by
Implementation Plans,’’ which applied II. State Submittal
reference 40 CFR 51.852 (Definitions),
to Federal agencies immediately and 51.853 (Applicability), of 40 CFR On August 18, 2015, the Maine
(hereafter referred to as the General part 51, subpart W, ‘‘Determining Department of Environmental Protection
Conformity rule); and 40 CFR part 51, Conformity of General Federal Actions submitted a formal SIP revision to
subpart W ‘‘Determining conformity of to State or Federal Implementation remove Chapter 141–Conformity of
general Federal Actions to State or Plans,’’ as amended on July 17, 2006 in General Federal Actions. Maine’s
Federal Implementation Plans’’ which the Federal Register (71 FR 40420– Chapter 141 regulation incorporated-by-
established requirements for States in 40426). By incorporating by reference reference 40 CFR part 51, subpart W
submitting SIPs. The general conformity the amended General Conformity rule, ‘‘Determining Conformity of General
rules, except for the 40 CFR 51.851(a) Maine’s Chapter 141 ‘‘Conformity of Federal Actions to State or Federal
language requiring State submission of a General Federal Actions,’’ is no more Implementation Plans’’ as published in
SIP revision, were repeated at 40 CFR stringent than the Federal rule and does the November 30, 1993, Federal
part 93, subpart B. The General not impose any additional controls on Register (58 FR 63247–63253) and
Conformity rule establishes the criteria non-Federal entities. EPA approved amended in the July 17, 2006 Federal
and procedures governing the Maine’s revision to its General Register, (71 FR 40420–40426). As
determination of conformity for all Conformity SIP through a direct final stated above all of the general
Federal actions, except Federal highway rule published in the Federal Register conformity provisions referenced in
and transit actions.1 on February 20, 2008 (73 FR 9203–9206) Maine’s General Conformity regulation
The General Conformity rule also and effective on April 21, 2008. were deleted as duplicative on April 5,
establishes the criteria for EPA approval On April 5, 2010, EPA revisited the 2010. At the time they were approved
of SIPs. See 40 CFR 51.851 and 93.151. Federal General Conformity into the SIP, provisions of Maine’s
These criteria provide that the state Requirements Rule to clarify the General Conformity SIP were no less
provisions must be at least as stringent conformity process, authorize stringent then the Federal General
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as the requirements specified in EPA’s innovative and flexible compliance Conformity regulations, nor did the SIP
approaches, remove outdated or establish more stringent conformity
1 Conformity to State or Federal Implementation unnecessary requirements, reduce the criteria and procedures applying equally
Plans of transportation plans, programs, and paperwork burden, provide transition to non-Federal as well as Federal
projects which are developed, funded or approved
under Title 23 U.S.C. or the Federal Transit Laws
tools for implementing new standards, entities.
are implemented under 40 CFR part 51, subpart T, address issues raised by Federal As the State of Maine did not revise
and 40 CFR part 93, subpart A. agencies affected by the rules, and its SIP-approved Chapter 141—

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Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Rules and Regulations 73121

Conformity of General Federal Actions 25, 2016 without further notice unless • Is not an economically significant
following EPA’s April 5, 2010 General the Agency receives relevant adverse regulatory action based on health or
Conformity amendments, the current comments by December 24, 2015. safety risks subject to Executive Order
State rule with a state effective date of If EPA receives such comments, then 13045 (62 FR 19885, April 23, 1997);
April 19, 2007, does not provide any EPA will publish a notice withdrawing • Is not a significant regulatory action
flexibility, or relaxation to the general the final rule and informing the public subject to Executive Order 13211 (66 FR
conformity criteria and procedures as that the rule will not take effect. All 28355, May 22, 2001);
allowed by the amendments. public comments received will then be • Is not subject to requirements of
Maine Department of Environmental addressed in a subsequent final rule Section 12(d) of the National
Protection repealed Chapter 141 in July based on the proposed rule. EPA will Technology Transfer and Advancement
2015 after public notice and opportunity not institute a second comment period Act of 1995 (15 U.S.C. 272 note) because
for public hearing. The removal of on the proposed rule. All parties application of those requirements would
Chapter 141—Conformity of General interested in commenting on the be inconsistent with the Clean Air Act;
Federal Actions from the SIP will leave proposed rule should do so at this time. and
the Federal General Conformity If no such comments are received, the • Does not provide EPA with the
Regulations at 40 CFR 93.150 through public is advised that this rule will be discretionary authority to address, as
93.165 as well as 40 CFR 51.851, in effective on January 25, 2016 and no appropriate, disproportionate human
place for administrative and further action will be taken on the health or environmental effects, using
enforcement purposes. Once EPA proposed rule. Please note that if EPA practicable and legally permissible
approves the removal of Chapter 141 receives adverse comment on an methods, under Executive Order 12898
from Maine’s SIP, Federal actions can amendment, paragraph, or section of (59 FR 7629, February 16, 1994).
take advantage of the flexibility this rule and if that provision may be In addition, the SIP is not approved to
provided by the Federal General severed from the remainder of the rule, apply on any Indian reservation land or
Conformity Rule. Please note that if EPA EPA may adopt as final those provisions in any other area where EPA or an
receives adverse comment on an of the rule that are not the subject of an Indian tribe has demonstrated that a
amendment, paragraph, or section of adverse comment. tribe has jurisdiction. In those areas of
this rule and if that provision may be
IV. Statutory and Executive Order Indian country, the rule does not have
severed from the remainder of the rule,
Reviews tribal implications and will not impose
EPA may adopt as final those provisions
of the rule that are not the subject of an substantial direct costs on tribal
Under the Clean Air Act, the governments or preempt tribal law as
adverse comment. Administrator is required to approve a specified by Executive Order 13175 (65
III. Final Action SIP submission that complies with the FR 67249, November 9, 2000).
EPA is approving Maine’s August 18, provisions of the Act and applicable The Congressional Review Act, 5
2015, SIP revision to remove Chapter Federal regulations. 42 U.S.C. 7410(k); U.S.C. 801 et seq., as added by the Small
141—Conformity of General Federal 40 CFR 52.02(a). Thus, in reviewing SIP Business Regulatory Enforcement
Actions from the SIP. EPA has evaluated submissions, EPA’s role is to approve Fairness Act of 1996, generally provides
this SIP revision and has determined state choices, provided that they meet that before a rule may take effect, the
that the State has complied with its the criteria of the Clean Air Act. agency promulgating the rule must
administrative procedures to repeal Accordingly, this action merely submit a rule report, which includes a
Chapter 141. The appropriate public approves state law as meeting Federal copy of the rule, to each House of the
participation and comprehensive requirements and does not impose Congress and to the Comptroller General
interagency consultations have been additional requirements beyond those of the United States. EPA will submit a
undertaken during development and imposed by state law. For that reason, report containing this action and other
adoption of this SIP revision. Finally, this action: required information to the U.S. Senate,
EPA has determined that removing • Is not a significant regulatory action the U.S. House of Representatives, and
Chapter 141 from the Maine SIP will subject to review by the Office of the Comptroller General of the United
result in Federal agencies using the Management and Budget under States prior to publication of the rule in
provisions of 40 CFR part 93, subpart B Executive Orders 12866 (58 FR 51735, the Federal Register. A major rule
to demonstrate conformity with the October 4, 1993) and 13563 (76 FR 3821, cannot take effect until 60 days after it
applicable implementation plan as January 21, 2011); is published in the Federal Register.
required by section 176(c) of the Clean • Does not impose an information This action is not a ‘‘major rule’’ as
Air Act (42 U.S.C. 7506). Federal actions collection burden under the provisions defined by 5 U.S.C. 804(2).
can take advantage of the flexibility of the Paperwork Reduction Act (44 Under section 307(b)(1) of the Clean
provided by the Federal General U.S.C. 3501 et seq.); Air Act, petitions for judicial review of
Conformity Rule which includes EPA’s • Is certified as not having a this action must be filed in the United
April 2010 General Conformity significant economic impact on a States Court of Appeals for the
Amendments. substantial number of small entities appropriate circuit by January 25, 2016.
EPA is publishing this action without under the Regulatory Flexibility Act (5 Filing a petition for reconsideration by
prior proposal because the Agency U.S.C. 601 et seq.); the Administrator of this final rule does
views this as a noncontroversial • Does not contain any unfunded not affect the finality of this action for
amendment and anticipates no adverse mandate or significantly or uniquely the purposes of judicial review nor does
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comments. However, in the proposed affect small governments, as described it extend the time within which a
rules section of this Federal Register in the Unfunded Mandates Reform Act petition for judicial review may be filed,
publication, EPA is publishing a of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness
separate document that will serve as the • Does not have Federalism of such rule or action. Parties with
proposal to approve the SIP revision implications as specified in Executive objections to this direct final rule are
should relevant adverse comments be Order 13132 (64 FR 43255, August 10, encouraged to file a comment in
filed. This rule will be effective January 1999); response to the parallel notice of

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Document Created: 2015-12-14 14:08:46
Document Modified: 2015-12-14 14:08:46

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		This direct final rule will be effective January 25, 2016, unless EPA receives adverse comments by December 24, 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.
Contact		Ariel Garcia, 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) 918-1660, fax number (617) 918-0660, email [email protected]
FR Citation		80 FR 73119
CFR Associated		Environmental 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