80_FR_77101 80 FR 76863 - Air Plan Approval; Minnesota; Transportation Conformity Procedures

80 FR 76863 - Air Plan Approval; Minnesota; Transportation Conformity Procedures

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 238 (December 11, 2015)

Page Range76863-76865
FR Document2015-31075

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision for carbon monoxide (CO), submitted by the State of Minnesota on July 16, 2015. The purpose of this revision is to establish transportation conformity criteria and procedures related to interagency consultation, and enforceability of certain transportation related control and mitigation measures.

Federal Register, Volume 80 Issue 238 (Friday, December 11, 2015)
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Rules and Regulations]
[Pages 76863-76865]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31075]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0563; FRL-9939-80-Region 5]


Air Plan Approval; Minnesota; Transportation Conformity 
Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision for carbon monoxide (CO), submitted 
by the State of Minnesota on July 16, 2015. The purpose of this 
revision is to establish transportation conformity criteria and 
procedures related to interagency consultation, and enforceability of 
certain transportation related control and mitigation measures.

DATES: This direct final rule will be effective February 9, 2016, 
unless EPA receives adverse comments by January 11, 2016. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0563, by one of the following methods:
    1. www.regulations.gov: Follow the on line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR 18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
Section, Air Programs Branch (AR 18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2015-0563. 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 information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Michael Leslie, Environmental Engineer, 
at (312) 353-6680 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR 18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, [email protected].

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

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

I. What is the background for this action?

    Transportation conformity is required under section 176(c) of the 
Clean Air Act (Act) to ensure that transportation planning activities 
are consistent with (``conform to'') air quality planning goals in 
nonattainment/maintenance areas. The transportation conformity 
regulation is found in 40 CFR 93 and provisions related to 
transportation conformity SIPs are found in 40 CFR 51.390. 
Transportation conformity applies to areas that are designated 
nonattainment or maintenance for the following transportation related 
criteria pollutants: Ozone, particulate matter, CO, and nitrogen 
dioxide. The Minneapolis-St. Paul area is currently maintenance for CO.

[[Page 76864]]

    EPA originally promulgated the Federal transportation conformity 
criteria and procedures (``Transportation Conformity Rule'') on 
November 24, 1993 (58 FR 62188). On August 10, 2005, the ``Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users'' (SAFETEA-LU) was signed into law. SAFETEA-LU revised 
section 176(c) of the Act transportation conformity provisions. 
SAFETEA-LU streamlined the requirements for conformity SIPs. Under 
SAFETEA-LU, States are required to address and tailor only three 
sections of the rules in their conformity SIPs: 40 CFR 93.105, 40 CFR 
93.122(a)(4)(ii), and, 40 CFR 93.125(c). 40 CFR 93.105 addresses 
consultation procedures for conformity. 40 CFR 93.122(a)(4)(ii) and 40 
CFR 93.125(c), addresses written commitments from project implementers 
of transportation control measures. In general, states are no longer 
required to submit conformity SIP revisions that address the other 
sections of the conformity rule.

II. What is EPA's analysis of Minnesota's SIP revision?

    A conformity SIP can be adopted as a state rule, as a memorandum of 
understanding, or a memorandum of agreement (MOA). The appropriate form 
of the state conformity procedures depends upon the requirements of 
local or State law, as long as the selected form complies with all 
requirements used by the ACT for adoption, submission to EPA, and 
implementation of SIPs. EPA will accept state conformity SIPs in any 
form provided the state can demonstrate to EPA's satisfaction that, as 
a matter of state law, the state has adequate authority to compel 
compliance with the requirements of the conformity SIP.
    Minnesota concluded that this SIP revision in the form of a MOA 
will be enforceable through a number of Minnesota statutes. These 
statutes authorize state agencies to enter into legally binding 
cooperative contracts for the receipt or furnishing of services. In 
this case, these services relate to the transportation/air quality 
planning process in Minnesota. Minnesota collaborated with the 
Minnesota Department of Transportation (MNDOT), the EPA, the Federal 
Highway Administration (FHWA), the Federal Transit Administration 
(FTA), the Metropolitan Council, and the Metropolitan Interstate 
Council, to develop the Transportation Conformity MOA. This MOA was 
agreed upon and signed by all of the above consultation parties.
    EPA has evaluated this SIP submission and finds that the state has 
addressed the requirements of the Federal transportation conformity 
rule as described in 40 CFR 51.390 and 40 CFR part 93, subpart A. The 
transportation conformity rule requires the states to develop their own 
processes and procedures for interagency consultation and resolution of 
conflicts meeting the criteria in 40 CFR 93.105. The SIP revision 
includes processes and procedures to be followed by the Metropolitan 
Planning Organizations (MPOs), the Minnesota Department of 
Transportation (MNDOT), the FHWA and the FTA, in consultation with the 
state and local air quality agencies and EPA before making 
transportation conformity determinations. Minnesota's transportation 
conformity SIP also included processes and procedures for the state and 
local air quality agencies and EPA to coordinate the development of 
applicable SIPs with the MPOs, the state Department of Transportation 
(DOT), and the U.S. DOT, and requires written commitments to control 
measures and mitigation measures (40 CFR 93.122(a)(4)(ii) and 
93.125(c)).
    EPA's review of the Minnesota SIP revision indicates that it is 
consistent with the Act as amended by SAFETEA-LU and EPA regulations 
(40 CFR part 93 subpart A and 40 CFR 51.390) governing state procedures 
for transportation conformity and interagency consultation and 
therefore EPA has concluded that the submittal is approvable.

III. What action is EPA taking?

    EPA is approving a SIP revision submitted by the State of 
Minnesota, for the purpose of establishing transportation conformity 
criteria and procedures related to interagency consultation, and 
enforceable commitments to implement transportation related control and 
mitigation measures.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective February 9, 
2016 without further notice unless we receive relevant adverse written 
comments by January 11, 2016. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective 
February 9, 2016.

IV. Statutory and Executive Order Reviews

    Under the 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 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 Act; and
     Does not provide EPA with the discretionary authority to 
address, as

[[Page 76865]]

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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 9, 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 
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.

    Dated: November 23, 2015.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. Section 52.1237 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.1237  Control strategy: Carbon monoxide.

* * * * *
    (f) Approval--On July 16, 2015, the State of Minnesota submitted a 
revision to their Particulate Matter State Implementation Plan. The 
submittal establishes transportation conformity criteria and procedures 
related to interagency consultation, and the enforceability of certain 
transportation related control and mitigation measures.

[FR Doc. 2015-31075 Filed 12-10-15; 8:45 am]
BILLING CODE 6560-50-P



                                                             Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations                                                         76863

                                                 Name of                                                          State
                                               non-regulatory        Applicable geographic area                 submittal                  EPA Approval date                          Additional explanation
                                                SIP revision                                                      date


                                                      *                      *                             *                       *                 *                            *                      *
                                            Negative Declara-        Statewide ...........................      6/25/15         12/11/15 [Insert Federal Register
                                              tion for the Auto-                                                                  citation].
                                              mobile and Light-
                                              Duty Truck As-
                                              sembly Coatings
                                              CTG.



                                            [FR Doc. 2015–31203 Filed 12–10–15; 8:45 am]                Illinois 60604. Such deliveries are only                Certain other material, such as
                                            BILLING CODE 6560–50–P                                      accepted during the Regional Office                     copyrighted material, will be publicly
                                                                                                        normal hours of operation, and special                  available only in hard copy. Publicly
                                                                                                        arrangements should be made for                         available docket materials are available
                                            ENVIRONMENTAL PROTECTION                                    deliveries of boxed information. The                    either electronically in
                                            AGENCY                                                      Regional Office official hours of                       www.regulations.gov or in hard copy at
                                                                                                        business are Monday through Friday,                     the Environmental Protection Agency,
                                            40 CFR Part 52                                              8:30 a.m. to 4:30 p.m., excluding                       Region 5, Air and Radiation Division, 77
                                            [EPA–R05–OAR–2015–0563; FRL–9939–80–                        Federal holidays.                                       West Jackson Boulevard, Chicago,
                                            Region 5]                                                      Instructions: Direct your comments to                Illinois 60604. This facility is open from
                                                                                                        Docket ID No. EPA–R05–OAR–2015–                         8:30 a.m. to 4:30 p.m., Monday through
                                            Air Plan Approval; Minnesota;                               0563. EPA’s policy is that all comments                 Friday, excluding Federal holidays. We
                                            Transportation Conformity Procedures                        received will be included in the public                 recommend that you telephone Michael
                                            AGENCY: Environmental Protection                            docket without change and may be                        Leslie, Environmental Engineer, at (312)
                                            Agency (EPA).                                               made available online at                                353–6680 before visiting the Region 5
                                                                                                        www.regulations.gov, including any                      office.
                                            ACTION: Direct final rule.
                                                                                                        personal information provided, unless                   FOR FURTHER INFORMATION CONTACT:
                                            SUMMARY:    The Environmental Protection                    the comment includes information                        Michael Leslie, Environmental
                                            Agency (EPA) is approving a State                           claimed to be Confidential Business                     Engineer, Control Strategies Section, Air
                                            Implementation Plan (SIP) revision for                      Information (CBI) or other information                  Programs Branch (AR 18J),
                                            carbon monoxide (CO), submitted by the                      whose disclosure is restricted by statute.              Environmental Protection Agency,
                                            State of Minnesota on July 16, 2015. The                    Do not submit information that you                      Region 5, 77 West Jackson Boulevard,
                                            purpose of this revision is to establish                    consider to be CBI or otherwise                         Chicago, Illinois 60604, (312) 353–6680,
                                            transportation conformity criteria and                      protected through www.regulations.gov                   leslie.michael@epa.gov.
                                            procedures related to interagency                           or email. The www.regulations.gov Web                   SUPPLEMENTARY INFORMATION:
                                            consultation, and enforceability of                         site is an ‘‘anonymous access’’ system,                 Throughout this document whenever
                                            certain transportation related control                      which means EPA will not know your                      ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                            and mitigation measures.                                    identity or contact information unless                  EPA. This SUPPLEMENTARY INFORMATION
                                            DATES: This direct final rule will be                       you provide it in the body of your                      section is arranged as follows:
                                            effective February 9, 2016, unless EPA                      comment. If you send an email
                                                                                                        comment directly to EPA without going                   I. What is the background for this action?
                                            receives adverse comments by January                                                                                II. What is EPA’s analysis of Minnesota’s SIP
                                            11, 2016. If adverse comments are                           through www.regulations.gov your email
                                                                                                                                                                     revision?
                                            received, EPA will publish a timely                         address will be automatically captured                  III. What action is EPA taking?
                                            withdrawal of the direct final rule in the                  and included as part of the comment                     IV. Statutory and Executive Order Reviews
                                            Federal Register informing the public                       that is placed in the public docket and
                                                                                                        made available on the Internet. If you                  I. What is the background for this
                                            that the rule will not take effect.
                                                                                                        submit an electronic comment, EPA                       action?
                                            ADDRESSES: Submit your comments,
                                            identified by Docket ID No. EPA–R05–                        recommends that you include your                           Transportation conformity is required
                                            OAR–2015–0563, by one of the                                name and other contact information in                   under section 176(c) of the Clean Air
                                            following methods:                                          the body of your comment and with any                   Act (Act) to ensure that transportation
                                               1. www.regulations.gov: Follow the on                    disk or CD–ROM you submit. If EPA                       planning activities are consistent with
                                            line instructions for submitting                            cannot read your comment due to                         (‘‘conform to’’) air quality planning
                                            comments.                                                   technical difficulties and cannot contact               goals in nonattainment/maintenance
                                               2. Email: blakley.pamela@epa.gov.                        you for clarification, EPA may not be                   areas. The transportation conformity
                                               3. Fax: (312) 692–2450.                                  able to consider your comment.                          regulation is found in 40 CFR 93 and
                                               4. Mail: Pamela Blakley, Chief,                          Electronic files should avoid the use of                provisions related to transportation
                                            Control Strategies Section, Air Programs                    special characters, any form of                         conformity SIPs are found in 40 CFR
                                            Branch (AR 18J), U.S. Environmental                         encryption, and be free of any defects or               51.390. Transportation conformity
                                            Protection Agency, 77 West Jackson                          viruses.                                                applies to areas that are designated
tkelley on DSK9F6TC42PROD with RULES




                                            Boulevard, Chicago, Illinois 60604.                            Docket: All documents in the docket                  nonattainment or maintenance for the
                                               5. Hand Delivery: Pamela Blakley,                        are listed in the www.regulations.gov                   following transportation related criteria
                                            Chief, Control Strategies Section, Air                      index. Although listed in the index,                    pollutants: Ozone, particulate matter,
                                            Programs Branch (AR 18J), U.S.                              some information is not publicly                        CO, and nitrogen dioxide. The
                                            Environmental Protection Agency, 77                         available, e.g., CBI or other information               Minneapolis-St. Paul area is currently
                                            West Jackson Boulevard, Chicago,                            whose disclosure is restricted by statute.              maintenance for CO.


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                                            76864            Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations

                                               EPA originally promulgated the                       Federal transportation conformity rule                not institute a second comment period.
                                            Federal transportation conformity                       as described in 40 CFR 51.390 and 40                  Any parties interested in commenting
                                            criteria and procedures (‘‘Transportation               CFR part 93, subpart A. The                           on this action should do so at this time.
                                            Conformity Rule’’) on November 24,                      transportation conformity rule requires               Please note that if EPA receives adverse
                                            1993 (58 FR 62188). On August 10,                       the states to develop their own                       comment on an amendment, paragraph,
                                            2005, the ‘‘Safe, Accountable, Flexible,                processes and procedures for                          or section of this rule and if that
                                            Efficient Transportation Equity Act: A                  interagency consultation and resolution               provision may be severed from the
                                            Legacy for Users’’ (SAFETEA–LU) was                     of conflicts meeting the criteria in 40               remainder of the rule, EPA may adopt
                                            signed into law. SAFETEA–LU revised                     CFR 93.105. The SIP revision includes                 as final those provisions of the rule that
                                            section 176(c) of the Act transportation                processes and procedures to be followed               are not the subject of an adverse
                                            conformity provisions. SAFETEA–LU                       by the Metropolitan Planning                          comment. If we do not receive any
                                            streamlined the requirements for                        Organizations (MPOs), the Minnesota                   comments, this action will be effective
                                            conformity SIPs. Under SAFETEA–LU,                      Department of Transportation                          February 9, 2016.
                                            States are required to address and tailor               (MNDOT), the FHWA and the FTA, in
                                            only three sections of the rules in their               consultation with the state and local air             IV. Statutory and Executive Order
                                            conformity SIPs: 40 CFR 93.105, 40 CFR                  quality agencies and EPA before making                Reviews
                                            93.122(a)(4)(ii), and, 40 CFR 93.125(c).                transportation conformity                                Under the Act, the Administrator is
                                            40 CFR 93.105 addresses consultation                    determinations. Minnesota’s                           required to approve a SIP submission
                                            procedures for conformity. 40 CFR                       transportation conformity SIP also                    that complies with the provisions of the
                                            93.122(a)(4)(ii) and 40 CFR 93.125(c),                  included processes and procedures for                 Act and applicable Federal regulations.
                                            addresses written commitments from                      the state and local air quality agencies              42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                            project implementers of transportation                  and EPA to coordinate the development                 Thus, in reviewing SIP submissions,
                                            control measures. In general, states are                of applicable SIPs with the MPOs, the                 EPA’s role is to approve state choices,
                                            no longer required to submit conformity                 state Department of Transportation                    provided that they meet the criteria of
                                            SIP revisions that address the other                    (DOT), and the U.S. DOT, and requires                 the Act. Accordingly, this action merely
                                            sections of the conformity rule.                        written commitments to control                        approves state law as meeting Federal
                                                                                                    measures and mitigation measures (40                  requirements and does not impose
                                            II. What is EPA’s analysis of
                                                                                                    CFR 93.122(a)(4)(ii) and 93.125(c)).                  additional requirements beyond those
                                            Minnesota’s SIP revision?                                  EPA’s review of the Minnesota SIP                  imposed by state law. For that reason,
                                               A conformity SIP can be adopted as                   revision indicates that it is consistent              this action:
                                            a state rule, as a memorandum of                        with the Act as amended by SAFETEA–                      • Is not a significant regulatory action
                                            understanding, or a memorandum of                       LU and EPA regulations (40 CFR part 93                subject to review by the Office of
                                            agreement (MOA). The appropriate form                   subpart A and 40 CFR 51.390) governing                Management and Budget under
                                            of the state conformity procedures                      state procedures for transportation                   Executive Orders 12866 (58 FR 51735,
                                            depends upon the requirements of local                  conformity and interagency consultation               October 4, 1993) and 13563 (76 FR 3821,
                                            or State law, as long as the selected form              and therefore EPA has concluded that                  January 21, 2011);
                                            complies with all requirements used by                  the submittal is approvable.                             • Does not impose an information
                                            the ACT for adoption, submission to                                                                           collection burden under the provisions
                                            EPA, and implementation of SIPs. EPA                    III. What action is EPA taking?
                                                                                                                                                          of the Paperwork Reduction Act (44
                                            will accept state conformity SIPs in any                   EPA is approving a SIP revision                    U.S.C. 3501 et seq.);
                                            form provided the state can demonstrate                 submitted by the State of Minnesota, for                 • Is certified as not having a
                                            to EPA’s satisfaction that, as a matter of              the purpose of establishing                           significant economic impact on a
                                            state law, the state has adequate                       transportation conformity criteria and                substantial number of small entities
                                            authority to compel compliance with                     procedures related to interagency                     under the Regulatory Flexibility Act (5
                                            the requirements of the conformity SIP.                 consultation, and enforceable                         U.S.C. 601 et seq.);
                                               Minnesota concluded that this SIP                    commitments to implement                                 • Does not contain any unfunded
                                            revision in the form of a MOA will be                   transportation related control and                    mandate or significantly or uniquely
                                            enforceable through a number of                         mitigation measures.                                  affect small governments, as described
                                            Minnesota statutes. These statutes                         We are publishing this action without              in the Unfunded Mandates Reform Act
                                            authorize state agencies to enter into                  prior proposal because we view this as                of 1995 (Pub. L. 104–4);
                                            legally binding cooperative contracts for               a noncontroversial amendment and                         • Does not have Federalism
                                            the receipt or furnishing of services. In               anticipate no adverse comments.                       implications as specified in Executive
                                            this case, these services relate to the                 However, in the proposed rules section                Order 13132 (64 FR 43255, August 10,
                                            transportation/air quality planning                     of this Federal Register publication, we              1999);
                                            process in Minnesota. Minnesota                         are publishing a separate document that                  • Is not an economically significant
                                            collaborated with the Minnesota                         will serve as the proposal to approve the             regulatory action based on health or
                                            Department of Transportation                            state plan if relevant adverse written                safety risks subject to Executive Order
                                            (MNDOT), the EPA, the Federal                           comments are filed. This rule will be                 13045 (62 FR 19885, April 23, 1997);
                                            Highway Administration (FHWA), the                      effective February 9, 2016 without                       • Is not a significant regulatory action
                                            Federal Transit Administration (FTA),                   further notice unless we receive relevant             subject to Executive Order 13211 (66 FR
                                            the Metropolitan Council, and the                       adverse written comments by January                   28355, May 22, 2001);
                                            Metropolitan Interstate Council, to                     11, 2016. If we receive such comments,                   • Is not subject to requirements of
                                            develop the Transportation Conformity                   we will withdraw this action before the               Section 12(d) of the National
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                                            MOA. This MOA was agreed upon and                       effective date by publishing a                        Technology Transfer and Advancement
                                            signed by all of the above consultation                 subsequent document that will                         Act of 1995 (15 U.S.C. 272 note) because
                                            parties.                                                withdraw the final action. All public                 application of those requirements would
                                               EPA has evaluated this SIP                           comments received will then be                        be inconsistent with the Act; and
                                            submission and finds that the state has                 addressed in a subsequent final rule                     • Does not provide EPA with the
                                            addressed the requirements of the                       based on the proposed action. EPA will                discretionary authority to address, as


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                                                             Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations                                      76865

                                            appropriate, disproportionate human                       Dated: November 23, 2015.                           Area is continuing to attain the 2008 8-
                                            health or environmental effects, using                  Susan Hedman,                                         hour ozone NAAQS; approves and
                                            practicable and legally permissible                     Regional Administrator, Region 5.                     incorporates South Carolina’s plan for
                                            methods, under Executive Order 12898                                                                          maintaining attainment of the 2008 8-
                                                                                                        40 CFR part 52 is amended as follows:
                                            (59 FR 7629, February 16, 1994).                                                                              hour ozone standard in the York County
                                               In addition, the SIP is not approved                 PART 52—APPROVAL AND                                  Area, including the 2014 and 2026
                                            to apply on any Indian reservation land                 PROMULGATION OF                                       motor vehicle emission budgets
                                            or in any other area where EPA or an                    IMPLEMENTATION PLANS                                  (MVEBs) for nitrogen oxides (NOX) and
                                            Indian tribe has demonstrated that a                                                                          volatile organic compounds (VOC) for
                                            tribe has jurisdiction. In those areas of               ■ 1. The authority citation for part 52               the York County Area, into the SIP; and
                                            Indian country, the rule does not have                  continues to read as follows:                         redesignates the York County Area to
                                            tribal implications and will not impose                                                                       attainment for the 2008 8-hour ozone
                                                                                                        Authority: 42 U.S.C. 7401 et seq.
                                            substantial direct costs on tribal                                                                            NAAQS. Additionally, EPA finds the
                                            governments or preempt tribal law as                    ■ 2. Section 52.1237 is amended by                    2014 and 2026 MVEBs for the York
                                            specified by Executive Order 13175 (65                  adding paragraph (f) to read as follows:              County Area adequate for the purposes
                                            FR 67249, November 9, 2000).                                                                                  of transportation conformity.
                                               The Congressional Review Act, 5                      § 52.1237 Control strategy: Carbon
                                                                                                    monoxide.                                             DATES: This rule will be effective
                                            U.S.C. 801 et seq., as added by the Small                                                                     January 11, 2016.
                                            Business Regulatory Enforcement                         *     *     *     *    *
                                                                                                      (f) Approval—On July 16, 2015, the                  ADDRESSES: EPA has established a
                                            Fairness Act of 1996, generally provides
                                                                                                    State of Minnesota submitted a revision               docket for this action under Docket
                                            that before a rule may take effect, the
                                                                                                    to their Particulate Matter State                     Identification No. EPA–R04–OAR–
                                            agency promulgating the rule must
                                                                                                    Implementation Plan. The submittal                    2015–0298. All documents in the docket
                                            submit a rule report, which includes a
                                                                                                    establishes transportation conformity                 are listed on the www.regulations.gov
                                            copy of the rule, to each House of the
                                                                                                    criteria and procedures related to                    Web site. Although listed in the index,
                                            Congress and to the Comptroller General
                                                                                                    interagency consultation, and the                     some information may not be publicly
                                            of the United States. EPA will submit a
                                            report containing this action and other                 enforceability of certain transportation              available, i.e., Confidential Business
                                            required information to the U.S. Senate,                related control and mitigation measures.              Information or other information whose
                                            the U.S. House of Representatives, and                                                                        disclosure is restricted by statute.
                                                                                                    [FR Doc. 2015–31075 Filed 12–10–15; 8:45 am]
                                            the Comptroller General of the United                                                                         Certain other material, such as
                                                                                                    BILLING CODE 6560–50–P
                                            States prior to publication of the rule in                                                                    copyrighted material, is not placed on
                                            the Federal Register. A major rule                                                                            the Internet and will be publicly
                                            cannot take effect until 60 days after it                                                                     available only in hard copy form.
                                                                                                    ENVIRONMENTAL PROTECTION
                                            is published in the Federal Register.                                                                         Publicly available docket materials are
                                                                                                    AGENCY
                                            This action is not a ‘‘major rule’’ as                                                                        available either electronically through
                                            defined by 5 U.S.C. 804(2).                             40 CFR Parts 52 and 81                                www.regulations.gov or in hard copy at
                                               Under section 307(b)(1) of the Act,                                                                        the Air Regulatory Management Section,
                                                                                                    [EPA–R04–OAR–2015–0298; FRL–9939–66–                  Air Planning and Implementation
                                            petitions for judicial review of this
                                                                                                    Region 4]                                             Branch, Air, Pesticides and Toxics
                                            action must be filed in the United States
                                            Court of Appeals for the appropriate                                                                          Management Division, U.S.
                                                                                                    Air Plan Approval and Air Quality
                                            circuit by February 9, 2016. Filing a                                                                         Environmental Protection Agency,
                                                                                                    Designation; SC; Redesignation of the
                                            petition for reconsideration by the                                                                           Region 4, 61 Forsyth Street SW.,
                                                                                                    Charlotte-Rock Hill, 2008 8-Hour Ozone
                                            Administrator of this final rule does not                                                                     Atlanta, Georgia 30303–8960. EPA
                                                                                                    Nonattainment Area to Attainment
                                            affect the finality of this action for the                                                                    requests that if at all possible, you
                                            purposes of judicial review nor does it                 AGENCY:  Environmental Protection                     contact the person listed in the FOR
                                            extend the time within which a petition                 Agency (EPA).                                         FURTHER INFORMATION CONTACT section to
                                            for judicial review may be filed, and                   ACTION: Final rule.                                   schedule your inspection. The Regional
                                            shall not postpone the effectiveness of                                                                       Office’s official hours of business are
                                            such rule or action. Parties with                       SUMMARY:   The Environmental Protection               Monday through Friday, 8:30 a.m. to
                                            objections to this direct final rule are                Agency (EPA) is taking three separate                 4:30 p.m., excluding Federal holidays.
                                            encouraged to file a comment in                         final actions related to a state                      FOR FURTHER INFORMATION CONTACT:
                                            response to the parallel notice of                      implementation plan (SIP) revision                    Kelly Sheckler of the Air Regulatory
                                            proposed rulemaking for this action                     submitted by the State of South                       Management Section, Air Planning and
                                            published in the proposed rules section                 Carolina, through the South Carolina                  Implementation Branch, Air, Pesticides
                                            of today’s Federal Register, rather than                Department of Health and                              and Toxics Management Division, U.S.
                                            file an immediate petition for judicial                 Environmental Control (SC DHEC), on                   Environmental Protection Agency,
                                            review of this direct final rule, so that               April 17, 2015. These final actions are               Region 4, 61 Forsyth Street SW.,
                                            EPA can withdraw this direct final rule                 for the York County, South Carolina                   Atlanta, Georgia 30303–8960. Mrs.
                                            and address the comment in the                          portion of the bi-state Charlotte-Rock                Sheckler may be reached by phone at
                                            proposed rulemaking. This action may                    Hill, North Carolina-South Carolina                   (404) 562–9992 or via electronic mail at
                                            not be challenged later in proceedings to               2008 8-hour ozone national ambient air                sheckler.kelly@epa.gov.
                                            enforce its requirements. (See section                  quality standards (NAAQS)                             SUPPLEMENTARY INFORMATION:
                                            307(b)(2).)                                             nonattainment area (the entire area is
tkelley on DSK9F6TC42PROD with RULES




                                                                                                    hereinafter referred to as the ‘‘bi-State             I. Background for Final Actions
                                            List of Subjects in 40 CFR Part 52                      Charlotte Area’’ or ‘‘Area’’ and the                     On May 21, 2012 (77 FR 30088), EPA
                                              Environmental protection, Air                         South Carolina portion is hereinafter                 designated areas as unclassifiable/
                                            pollution control, Carbon monoxide,                     referred to as the ‘‘York County Area’’).             attainment or nonattainment for the
                                            Incorporation by reference,                             In these three final actions, EPA                     2008 8-hour ozone NAAQS that was
                                            Intergovernmental relations.                            determines that the bi-state Charlotte                promulgated on March 27, 2008 (73 FR


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Document Created: 2018-03-02 09:13:25
Document Modified: 2018-03-02 09:13:25
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 February 9, 2016, unless EPA receives adverse comments by January 11, 2016. 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.
ContactMichael Leslie, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-6680, [email protected]
FR Citation80 FR 76863 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference and Intergovernmental Relations

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