82_FR_17201 82 FR 17134 - Air Plan Approval; Michigan; Transportation Conformity Procedures

82 FR 17134 - Air Plan Approval; Michigan; Transportation Conformity Procedures

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 67 (April 10, 2017)

Page Range17134-17136
FR Document2017-07029

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision for carbon monoxide (CO) and particulate matter (PM<INF>2.5</INF>), submitted by the State of Michigan on October 3, 2016. 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 82 Issue 67 (Monday, April 10, 2017)
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Rules and Regulations]
[Pages 17134-17136]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07029]



[[Page 17134]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0705; FRL-9960-81-Region 5]


Air Plan Approval; Michigan; 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) and 
particulate matter (PM2.5), submitted by the State of 
Michigan on October 3, 2016. 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 is effective June 9, 2017, unless EPA 
receives adverse comments by May 10, 2017. 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-2016-0705 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: 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 Michigan'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 part 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 transportation related criteria 
pollutants listed in 40 CFR 93.102(b)(1). Michigan currently has 
maintenance areas for CO and PM2.5.
    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 Michigan'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.
    Michigan concluded that this SIP revision in the form of a MOA will 
be enforceable through a number of Michigan 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 Michigan. Michigan collaborated with the Michigan Department 
of Transportation (MDOT), the EPA, the Federal Highway Administration 
(FHWA), the Federal Transit Administration (FTA), and the Southeast 
Michigan Council of Governments, 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 Organization (MPO), MDOT, the FHWA and the FTA, in 
consultation with the state and local air quality agencies and EPA 
before making transportation conformity determinations. Michigan'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)).

[[Page 17135]]

    EPA's review of the Michigan 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 Michigan, 
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 June 9, 2017 
without further notice unless we receive relevant adverse written 
comments by May 10, 2017. 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 June 9, 2017.

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 (Public Law 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 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 June 9, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this 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, Particulate matter, Intergovernmental 
relations.

    Dated: March 17, 2017.
Robert A. Kaplan,
Acting 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 52.1173 is amended by adding paragraph (l) to read as 
follows:


Sec.  52.1173  Control strategy: Particulates.

* * * * *
    (l) Approval--On October 3, 2016, the State of Michigan submitted a 
revision to their Particulate Matter State Implementation Plan. The 
submittal established transportation conformity ``Conformity'' criteria 
and procedures related to interagency consultation, and enforceability 
of certain transportation related control and mitigation measures.

[[Page 17136]]


0
3. Section 52.1179 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.1179  Control strategy: Carbon monoxide.

* * * * *
    (c) Approval--On October 3, 2016, the State of Michigan submitted a 
revision to their Carbon Monoxide State Implementation Plan. The 
submittal established transportation conformity ``Conformity'' criteria 
and procedures related to interagency consultation, and enforceability 
of certain transportation related control and mitigation measures.

[FR Doc. 2017-07029 Filed 4-7-17; 8:45 am]
 BILLING CODE 6560-50-P



                                             17134               Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations

                                             [FR Doc. 2017–07028 Filed 4–7–17; 8:45 am]              information about CBI or multimedia                   II. What is EPA’s analysis of Michigan’s
                                             BILLING CODE 6560–50–P                                  submissions, and general guidance on                  SIP revision?
                                                                                                     making effective comments, please visit
                                                                                                     http://www2.epa.gov/dockets/                             A conformity SIP can be adopted as
                                             ENVIRONMENTAL PROTECTION                                commenting-epa-dockets.                               a state rule, as a memorandum of
                                             AGENCY                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                           understanding, or a memorandum of
                                                                                                     Michael Leslie, Environmental                         agreement (MOA). The appropriate form
                                             40 CFR Part 52                                          Engineer, Control Strategies Section, Air             of the state conformity procedures
                                             [EPA–R05–OAR–2016–0705; FRL–9960–81–                    Programs Branch (AR 18J),                             depends upon the requirements of local
                                             Region 5]                                               Environmental Protection Agency,                      or State law, as long as the selected form
                                                                                                     Region 5, 77 West Jackson Boulevard,                  complies with all requirements used by
                                             Air Plan Approval; Michigan;                            Chicago, Illinois 60604, (312) 353–6680,              the Act for adoption, submission to
                                             Transportation Conformity Procedures                    leslie.michael@epa.gov.                               EPA, and implementation of SIPs. EPA
                                                                                                                                                           will accept state conformity SIPs in any
                                             AGENCY: Environmental Protection                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                           form provided the state can demonstrate
                                             Agency (EPA).                                           Throughout this document whenever
                                                                                                     ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           to EPA’s satisfaction that, as a matter of
                                             ACTION: Direct final rule.                                                                                    state law, the state has adequate
                                                                                                     EPA. This supplementary information
                                             SUMMARY:   The Environmental Protection                 section is arranged as follows:                       authority to compel compliance with
                                             Agency (EPA) is approving a State                                                                             the requirements of the conformity SIP.
                                                                                                     I. What is the background for this action?
                                             Implementation Plan (SIP) revision for                  II. What is EPA’s analysis of Michigan’s SIP             Michigan concluded that this SIP
                                             carbon monoxide (CO) and particulate                         revision?                                        revision in the form of a MOA will be
                                             matter (PM2.5), submitted by the State of               III. What action is EPA taking?                       enforceable through a number of
                                             Michigan on October 3, 2016. The                        IV. Statutory and Executive Order Reviews             Michigan statutes. These statutes
                                             purpose of this revision is to establish                I. What is the background for this                    authorize state agencies to enter into
                                             transportation conformity criteria and                  action?                                               legally binding cooperative contracts for
                                             procedures related to interagency                                                                             the receipt or furnishing of services. In
                                             consultation, and enforceability of                        Transportation conformity is required              this case, these services relate to the
                                             certain transportation related control                  under section 176(c) of the Clean Air                 transportation/air quality planning
                                             and mitigation measures.                                Act (Act) to ensure that transportation               process in Michigan. Michigan
                                             DATES: This direct final rule is effective
                                                                                                     planning activities are consistent with               collaborated with the Michigan
                                             June 9, 2017, unless EPA receives                       (‘‘conform to’’) air quality planning                 Department of Transportation (MDOT),
                                             adverse comments by May 10, 2017. If                    goals in nonattainment/maintenance                    the EPA, the Federal Highway
                                                                                                     areas. The transportation conformity                  Administration (FHWA), the Federal
                                             adverse comments are received, EPA
                                                                                                     regulation is found in 40 CFR part 93                 Transit Administration (FTA), and the
                                             will publish a timely withdrawal of the
                                                                                                     and provisions related to transportation              Southeast Michigan Council of
                                             direct final rule in the Federal Register
                                                                                                     conformity SIPs are found in 40 CFR                   Governments, to develop the
                                             informing the public that the rule will
                                                                                                     51.390. Transportation conformity                     Transportation Conformity MOA. This
                                             not take effect.
                                                                                                     applies to areas that are designated                  MOA was agreed upon and signed by all
                                             ADDRESSES: Submit your comments,                        nonattainment or maintenance for the
                                             identified by Docket ID No. EPA–R05–                                                                          of the above consultation parties.
                                                                                                     transportation related criteria pollutants
                                             OAR–2016–0705 at http://                                listed in 40 CFR 93.102(b)(1). Michigan                  EPA has evaluated this SIP
                                             www.regulations.gov or via email to                     currently has maintenance areas for CO                submission and finds that the state has
                                             blakley.pamela@epa.gov. For comments                    and PM2.5.                                            addressed the requirements of the
                                             submitted at Regulations.gov, follow the                   EPA originally promulgated the                     Federal transportation conformity rule
                                             online instructions for submitting                      Federal transportation conformity                     as described in 40 CFR 51.390 and 40
                                             comments. Once submitted, comments                      criteria and procedures (‘‘Transportation             CFR part 93, subpart A. The
                                             cannot be edited or removed from                        Conformity Rule’’) on November 24,                    transportation conformity rule requires
                                             Regulations.gov. For either manner of                   1993 (58 FR 62188). On August 10,                     the states to develop their own
                                             submission, EPA may publish any                         2005, the ‘‘Safe, Accountable, Flexible,              processes and procedures for
                                             comment received to its public docket.                  Efficient Transportation Equity Act: A                interagency consultation and resolution
                                             Do not submit electronically any                        Legacy for Users’’ (SAFETEA–LU) was                   of conflicts meeting the criteria in 40
                                             information you consider to be                          signed into law. SAFETEA–LU revised                   CFR 93.105. The SIP revision includes
                                             Confidential Business Information (CBI)                 section 176(c) of the Act transportation              processes and procedures to be followed
                                             or other information whose disclosure is                conformity provisions. SAFETEA–LU                     by the Metropolitan Planning
                                             restricted by statute. Multimedia                       streamlined the requirements for                      Organization (MPO), MDOT, the FHWA
                                             submissions (audio, video, etc.) must be                conformity SIPs. Under SAFETEA–LU,                    and the FTA, in consultation with the
                                             accompanied by a written comment.                       States are required to address and tailor             state and local air quality agencies and
                                             The written comment is considered the                   only three sections of the rules in their             EPA before making transportation
                                             official comment and should include                     conformity SIPs: 40 CFR 93.105, 40 CFR                conformity determinations. Michigan’s
                                             discussion of all points you wish to                    93.122(a)(4)(ii), and 40 CFR 93.125(c).               transportation conformity SIP also
                                             make. EPA will generally not consider                   40 CFR 93.105 addresses consultation                  included processes and procedures for
                                             comments or comment contents located                    procedures for conformity. 40 CFR                     the state and local air quality agencies
pmangrum on DSK3GDR082PROD with RULES




                                             outside of the primary submission (i.e.                 93.122(a)(4)(ii) and 40 CFR 93.125(c),                and EPA to coordinate the development
                                             on the web, cloud, or other file sharing                addresses written commitments from                    of applicable SIPs with the MPOs, the
                                             system). For additional submission                      project implementers of transportation                state Department of Transportation
                                             methods, please contact the person                      control measures. In general, states are              (DOT), and the U.S. DOT, and requires
                                             identified in the FOR FURTHER                           no longer required to submit conformity               written commitments to control
                                             INFORMATION CONTACT section. For the                    SIP revisions that address the other                  measures and mitigation measures (40
                                             full EPA public comment policy,                         sections of the conformity rule.                      CFR 93.122(a)(4)(ii) and 93.125(c)).


                                        VerDate Sep<11>2014   14:16 Apr 07, 2017   Jkt 241001   PO 00000   Frm 00038   Fmt 4700   Sfmt 4700   E:\FR\FM\10APR1.SGM   10APR1


                                                                 Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations                                               17135

                                                EPA’s review of the Michigan SIP                     additional requirements beyond those                  required information to the U.S. Senate,
                                             revision indicates that it is consistent                imposed by state law. For that reason,                the U.S. House of Representatives, and
                                             with the Act as amended by SAFETEA–                     this action:                                          the Comptroller General of the United
                                             LU and EPA regulations (40 CFR part                        • Is not a significant regulatory action           States prior to publication of the rule in
                                             93, subpart A, and 40 CFR 51.390)                       subject to review by the Office of                    the Federal Register. A major rule
                                             governing state procedures for                          Management and Budget under                           cannot take effect until 60 days after it
                                             transportation conformity and                           Executive Orders 12866 (58 FR 51735,                  is published in the Federal Register.
                                             interagency consultation and therefore                  October 4, 1993) and 13563 (76 FR 3821,               This action is not a ‘‘major rule’’ as
                                             EPA has concluded that the submittal is                 January 21, 2011);                                    defined by 5 U.S.C. 804(2).
                                             approvable.                                                • Does not impose an information                      Under section 307(b)(1) of the Act,
                                                                                                     collection burden under the provisions                petitions for judicial review of this
                                             III. What action is EPA taking?                         of the Paperwork Reduction Act (44                    action must be filed in the United States
                                                EPA is approving a SIP revision                      U.S.C. 3501 et seq.);                                 Court of Appeals for the appropriate
                                             submitted by the State of Michigan, for                    • Is certified as not having a                     circuit by June 9, 2017. Filing a petition
                                             the purpose of establishing                             significant economic impact on a                      for reconsideration by the Administrator
                                             transportation conformity criteria and                  substantial number of small entities                  of this final rule does not affect the
                                             procedures related to interagency                       under the Regulatory Flexibility Act (5               finality of this action for the purposes of
                                             consultation, and enforceable                           U.S.C. 601 et seq.);                                  judicial review nor does it extend the
                                             commitments to implement                                   • Does not contain any unfunded                    time within which a petition for judicial
                                             transportation related control and                      mandate or significantly or uniquely                  review may be filed, and shall not
                                             mitigation measures.                                    affect small governments, as described                postpone the effectiveness of such rule
                                                We are publishing this action without                in the Unfunded Mandates Reform Act                   or action. Parties with objections to this
                                             prior proposal because we view this as                  of 1995 (Public Law 104–4);                           direct final rule are encouraged to file a
                                             a noncontroversial amendment and                           • Does not have Federalism                         comment in response to the parallel
                                             anticipate no adverse comments.                         implications as specified in Executive                notice of proposed rulemaking for this
                                             However, in the proposed rules section                  Order 13132 (64 FR 43255, August 10,                  action published in the proposed rules
                                             of this Federal Register publication, we                1999);                                                section of this Federal Register, rather
                                             are publishing a separate document that                    • Is not an economically significant
                                                                                                                                                           than file an immediate petition for
                                             will serve as the proposal to approve the               regulatory action based on health or
                                                                                                                                                           judicial review of this direct final rule,
                                             state plan if relevant adverse written                  safety risks subject to Executive Order
                                                                                                                                                           so that EPA can withdraw this direct
                                             comments are filed. This rule will be                   13045 (62 FR 19885, April 23, 1997);
                                                                                                                                                           final rule and address the comment in
                                             effective June 9, 2017 without further                     • Is not a significant regulatory action
                                             notice unless we receive relevant                                                                             the proposed rulemaking. This action
                                                                                                     subject to Executive Order 13211 (66 FR
                                             adverse written comments by May 10,                                                                           may not be challenged later in
                                                                                                     28355, May 22, 2001);
                                             2017. If we receive such comments, we                      • Is not subject to requirements of                proceedings to enforce its requirements.
                                             will withdraw this action before the                    Section 12(d) of the National                         (See section 307(b)(2).)
                                             effective date by publishing a                          Technology Transfer and Advancement                   List of Subjects in 40 CFR Part 52
                                             subsequent document that will                           Act of 1995 (15 U.S.C. 272 note) because
                                                                                                                                                             Environmental protection, Air
                                             withdraw the final action. All public                   application of those requirements would
                                                                                                                                                           pollution control, Carbon monoxide,
                                             comments received will then be                          be inconsistent with the Act; and
                                                                                                        • Does not provide EPA with the                    Incorporation by reference, Particulate
                                             addressed in a subsequent final rule
                                                                                                     discretionary authority to address, as                matter, Intergovernmental relations.
                                             based on the proposed action. EPA will
                                             not institute a second comment period.                  appropriate, disproportionate human                     Dated: March 17, 2017.
                                             Any parties interested in commenting                    health or environmental effects, using                Robert A. Kaplan,
                                             on this action should do so at this time.               practicable and legally permissible                   Acting Regional Administrator, Region 5.
                                             Please note that if EPA receives adverse                methods, under Executive Order 12898
                                                                                                                                                               40 CFR part 52 is amended as follows:
                                             comment on an amendment, paragraph,                     (59 FR 7629, February 16, 1994).
                                             or section of this rule and if that                        In addition, the SIP is not approved               PART 52—APPROVAL AND
                                             provision may be severed from the                       to apply on any Indian reservation land               PROMULGATION OF
                                             remainder of the rule, EPA may adopt                    or in any other area where EPA or an                  IMPLEMENTATION PLANS
                                             as final those provisions of the rule that              Indian tribe has demonstrated that a
                                             are not the subject of an adverse                       tribe has jurisdiction. In those areas of             ■ 1. The authority citation for part 52
                                             comment. If we do not receive any                       Indian country, the rule does not have                continues to read as follows:
                                             comments, this action will be effective                 tribal implications and will not impose
                                                                                                                                                               Authority: 42 U.S.C. 7401 et seq.
                                             June 9, 2017.                                           substantial direct costs on tribal
                                                                                                     governments or preempt tribal law as                  ■ 2. Section 52.1173 is amended by
                                             IV. Statutory and Executive Order                       specified by Executive Order 13175 (65                adding paragraph (l) to read as follows:
                                             Reviews                                                 FR 67249, November 9, 2000).
                                               Under the Act, the Administrator is                      The Congressional Review Act, 5                    § 52.1173    Control strategy: Particulates.
                                             required to approve a SIP submission                    U.S.C. 801 et seq., as added by the Small             *      *    *     *     *
                                             that complies with the provisions of the                Business Regulatory Enforcement                          (l) Approval—On October 3, 2016, the
                                             Act and applicable Federal regulations.                 Fairness Act of 1996, generally provides              State of Michigan submitted a revision
pmangrum on DSK3GDR082PROD with RULES




                                             42 U.S.C. 7410(k); 40 CFR 52.02(a).                     that before a rule may take effect, the               to their Particulate Matter State
                                             Thus, in reviewing SIP submissions,                     agency promulgating the rule must                     Implementation Plan. The submittal
                                             EPA’s role is to approve state choices,                 submit a rule report, which includes a                established transportation conformity
                                             provided that they meet the criteria of                 copy of the rule, to each House of the                ‘‘Conformity’’ criteria and procedures
                                             the Act. Accordingly, this action merely                Congress and to the Comptroller General               related to interagency consultation, and
                                             approves state law as meeting Federal                   of the United States. EPA will submit a               enforceability of certain transportation
                                             requirements and does not impose                        report containing this action and other               related control and mitigation measures.


                                        VerDate Sep<11>2014   14:16 Apr 07, 2017   Jkt 241001   PO 00000   Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\10APR1.SGM   10APR1


                                             17136               Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations

                                             ■ 3. Section 52.1179 is amended by                      This action also approves a limited                   II. Response to Comments
                                             adding paragraph (c) to read as follows:                subset of Ecology regulations, for which                 Comment #1: The commenter asserted
                                                                                                     there are no corresponding SWCAA                      that the EPA’s proposed action is an
                                             § 52.1179 Control strategy: Carbon
                                                                                                     corollaries, to apply in SWCAA’s                      example of federal overreach on state
                                             monoxide.
                                                                                                     jurisdiction.                                         and local jurisdictions. The commenter
                                             *      *    *     *     *
                                                (c) Approval—On October 3, 2016, the                                                                       also stated that the EPA’s review and
                                                                                                     DATES: This final rule is effective May
                                             State of Michigan submitted a revision                                                                        proposed approval of the SWCAA
                                                                                                     10, 2017.
                                             to their Carbon Monoxide State                                                                                regulations violates the Tenth
                                             Implementation Plan. The submittal                      ADDRESSES:    The EPA has established a               Amendment to the United States
                                             established transportation conformity                   docket for this action under Docket ID                Constitution.
                                                                                                     No. EPA–R10–OAR–2016–0784. All                           Response: Under the CAA, as
                                             ‘‘Conformity’’ criteria and procedures
                                                                                                     documents in the docket are listed on                 established and amended by Congress,
                                             related to interagency consultation, and
                                                                                                     the http://www.regulations.gov Web                    state and local authorities take the lead
                                             enforceability of certain transportation
                                                                                                     site. Although listed in the index, some              in developing State Implementation
                                             related control and mitigation measures.
                                                                                                     information may not be publicly                       Plans (SIP) that implement, maintain,
                                             [FR Doc. 2017–07029 Filed 4–7–17; 8:45 am]                                                                    and enforce the national ambient air
                                                                                                     available, i.e., Confidential Business
                                             BILLING CODE 6560–50–P
                                                                                                     Information or other information the                  quality standards (NAAQS), which are
                                                                                                     disclosure of which is restricted by                  standards designed to protect public
                                                                                                     statute. Certain other material, such as              health and welfare from air pollution. In
                                             ENVIRONMENTAL PROTECTION                                                                                      reviewing SIP submissions, the EPA’s
                                             AGENCY                                                  copyrighted material, is not placed on
                                                                                                     the Internet and is publicly available                role is to approve state choices,
                                             40 CFR Part 52                                          only in hard copy form. Publicly                      provided that they meet the criteria of
                                                                                                     available docket materials are available              the CAA. 42 U.S.C. 7410(k); 40 CFR
                                             [EPA–R10–OAR–2016–0784; FRL–9960–83–                    at http://www.regulations.gov or at EPA               52.02(a). In this case, EPA has done just
                                             Region 10]                                                                                                    that—Washington elected to submit the
                                                                                                     Region 10, Office of Air and Waste, 1200
                                                                                                     Sixth Avenue, Seattle, Washington                     SWCAA and Ecology SIP revision to the
                                             Air Plan Approval; Washington:                                                                                EPA, and the EPA has proposed to
                                             General Regulations for Air Pollution                   98101. The EPA requests that you
                                                                                                     contact the person listed in the FOR                  approve the submission based on our
                                             Sources, Southwest Clean Air Agency                                                                           determination that it meets the
                                             Jurisdiction                                            FURTHER INFORMATION CONTACT section to
                                                                                                     schedule your inspection. The Regional                requirements of the CAA. We are now
                                             AGENCY:  Environmental Protection                       Office’s official hours of business are               finalizing our determination.
                                             Agency (EPA).                                           Monday through Friday, 8:30 to 4:30,                     With respect to the claim that the
                                             ACTION: Final rule.                                     excluding Federal holidays.                           EPA’s action in approving this SIP
                                                                                                                                                           submittal violates the Tenth
                                             SUMMARY:    The Environmental Protection                FOR FURTHER INFORMATION CONTACT:    Jeff              Amendment, the Supreme Court has
                                             Agency (EPA) is approving revisions to                  Hunt, Air Planning Unit, Office of Air                repeatedly affirmed the constitutionality
                                             the Washington State Implementation                     and Waste (OAW–150), Environmental                    of federal statutes, such as Section 110
                                             Plan (SIP) that were submitted by the                   Protection Agency, Region 10, 1200                    of the CAA, that allow States to
                                             Washington Department of Ecology                        Sixth Ave, Suite 900, Seattle, WA                     administer federal programs but provide
                                             (Ecology) in coordination with                          98101; telephone number: (206) 553–                   for direct federal administration if a
                                             Southwest Clean Air Agency (SWCAA)                      0256; email address: hunt.jeff@epa.gov.               State chooses not to administer it. See
                                             on December 20, 2016. In the fall of                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                           Texas v. EPA, 726 F.3d 180, 196–7 (D.C.
                                             2014 and spring of 2015, the EPA                                                                              Cir. 2013) (citing New York v. United
                                             approved numerous revisions to                          Table of Contents                                     States, 505 U.S. 144, 167–8, 173–4
                                             Ecology’s general air quality regulations.                                                                    (1992); Hodel v. Va. Surface Mining &
                                                                                                     I. Background Information
                                             However, our approval of the updated                                                                          Reclamation Ass’n, Inc., 452 U.S. 264m
                                                                                                     II. Response to Comments
                                             Ecology regulations applied only to                                                                           288 (1981)).
                                                                                                     III. Final Action
                                             geographic areas where Ecology, and not                                                                          Comment #2: A second commenter
                                                                                                     IV. Incorporation by Reference
                                             a local air agency, had jurisdiction, and                                                                     wrote in support of the EPA’s proposed
                                                                                                     V. Statutory and Executive Orders Review
                                             statewide, to source categories over                                                                          approval of the SWCAA and Ecology
                                             which Ecology had sole jurisdiction.                                                                          SIP revision.
                                                                                                     I. Background Information                                Response: We are now finalizing our
                                             Under the Washington Clean Air Act,
                                             local clean air agencies may adopt                        On January 19, 2017, the EPA                        proposed determination that the
                                             equally stringent or more stringent                     proposed to approve revisions to                      SWCAA and Ecology SIP revision meets
                                             requirements in lieu of Ecology’s                       SWCAA’s general air quality regulations               the requirements of the CAA.
                                             general air quality regulations, if they so             and a limited subset of Ecology                       III. Final Action
                                             choose. Therefore, the EPA stated that                  regulations to apply in SWCAA’s
                                             we would evaluate the general air                       jurisdiction (82 FR 6413). An                         A. Regulations Approved and
                                             quality regulations as they applied to                  explanation of the Clean Air Act (CAA)                Incorporated by Reference Into the SIP
                                             local jurisdictions in separate, future                 requirements, a detailed analysis of the                The EPA is approving, and
                                             actions. This final action approves the                 revisions, and the EPA’s reasons for                  incorporating by reference, into the
pmangrum on DSK3GDR082PROD with RULES




                                             submitted SWCAA general air quality                     proposing approval were provided in                   Washington SIP at 40 CFR 52.2470(c)—
                                             regulations to replace or supplement the                the notice of proposed rulemaking, and                Table 8—Additional Regulations
                                             corresponding Ecology regulations for                   will not be restated here. The public                 Approved for the Southwest Clean Air
                                             sources in SWCAA’s jurisdiction,                        comment period for this proposed rule                 Agency (SWCAA) Jurisdiction, the
                                             including implementation of the minor                   ended on February 21, 2017. The EPA                   SWCAA and Ecology regulations listed
                                             new source review and nonattainment                     received two, separate anonymous                      in Tables 1 and 2 below for sources
                                             new source review permitting programs.                  comments on the proposal.                             within SWCAA’s jurisdiction.


                                        VerDate Sep<11>2014   14:16 Apr 07, 2017   Jkt 241001   PO 00000   Frm 00040   Fmt 4700   Sfmt 4700   E:\FR\FM\10APR1.SGM   10APR1



Document Created: 2017-04-08 03:31:45
Document Modified: 2017-04-08 03:31:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule is effective June 9, 2017, unless EPA receives adverse comments by May 10, 2017. 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 Citation82 FR 17134 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Particulate Matter and Intergovernmental Relations

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR