82_FR_38995 82 FR 38838 - Air Plan Approval: North Carolina; Transportation Conformity

82 FR 38838 - Air Plan Approval: North Carolina; Transportation Conformity

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 157 (August 16, 2017)

Page Range38838-38841
FR Document2017-17251

The Environmental Protection Agency (EPA) is approving a portion of a revision to the North Carolina State Implementation plan (SIP) submitted by the State of North Carolina on March 24, 2006, for the purpose of clarifying the State's transportation conformity rules consistent with Federal requirements.

Federal Register, Volume 82 Issue 157 (Wednesday, August 16, 2017)
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38838-38841]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17251]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0454; FRL-9966-41-Region 4]


Air Plan Approval: North Carolina; Transportation Conformity

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
portion of a revision to the North Carolina State Implementation plan 
(SIP) submitted by the State of North Carolina on March 24, 2006, for 
the purpose of clarifying the State's transportation conformity rules 
consistent with Federal requirements.

DATES: This direct final rule is effective October 16, 2017 without 
further notice, unless EPA receives adverse comment by September 15, 
2017. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0454 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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, 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: Nacosta Ward, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9140. Ms. Ward can also 
be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose

A. Call to States for Conformity SIP Revisions

    In the Clean Air Act (CAA or Act), Congress recognized that actions 
taken by federal agencies could affect a State, Tribal, or local 
agency's ability to attain and maintain the national ambient air 
quality standards (NAAQS). Congress added section 176(c) (42 U.S.C. 
7506) to the CAA to ensure federal agencies' proposed actions conform 
to the applicable SIP, Tribal Implementation Plan (TIP), or Federal 
Implementation Plan (FIP) for attaining and maintaining the NAAQS. That 
section requires federal entities to find that the emissions from the 
federal action will conform with the purposes of the SIP, TIP, or FIP 
or not otherwise interfere with the State's or Tribe's ability to 
attain and maintain the NAAQS.
    The CAA Amendments of 1990 clarified and strengthened the 
provisions in section 176(c). Because certain provisions of section 
176(c) apply only to highway and mass transit funding and approvals 
actions, EPA published two sets of regulations to implement section 
176(c). The Transportation Conformity Regulations, (40 CFR part 51, 
subpart T, and 40 CFR part 93, subpart A) first published on

[[Page 38839]]

November 24, 1993 (58 FR 62188), address federal actions related to 
highway and mass transit funding and approval actions. The conformity 
regulations have been revised numerous times since then.
    When promulgated in 1993, the Federal Transportation Conformity 
Rule at 40 CFR 51.395 mandated that the transportation conformity SIP 
revisions incorporate several provisions of the rule in verbatim form, 
except insofar as needed to give effect to a stated intent in the 
revision to establish criteria and procedures more stringent than the 
requirements stated in these sections.

B. What is transportation conformity?

    Transportation conformity is required under section 176(c) of the 
CAA to ensure that federally-supported highway projects, transit 
projects, and other activities are consistent with (``conform to'') the 
purpose of the SIP. Transportation conformity currently applies to 
areas that are designated nonattainment, as well as those areas 
redesignated to attainment after 1990 (maintenance areas), with plans 
developed under section 175A of the Act for the following 
transportation related pollutants: Ozone, particulate matter 
(PM2.5 and PM10), carbon monoxide, and nitrogen 
dioxide. Conformity to the purpose of the SIP means that transportation 
activities will not cause new air quality violations, worsen existing 
violations, or delay timely attainment of the relevant NAAQS. The 
transportation conformity regulation is found in 40 CFR part 93, 
subpart A and provisions related to conformity SIPs are found in 40 CFR 
51.390.

C. Prior Approval of North Carolina Conformity SIP Revisions

    EPA has approved several revisions to the North Carolina SIP to 
incorporate transportation conformity requirements consistent with the 
Federal regulations. Initially, on December 27, 2002, EPA approved 
North Carolina's SIP revision to address consultation requirements and 
procedures which included memoranda of agreements for areas in North 
Carolina. See 67 FR 78983. On September 15, 2003, EPA approved the 
Mecklenburg-Union Metropolitan Planning Organization interagency 
transportation conformity memorandum of agreement. See 68 FR 53883. EPA 
also approved an update to North Carolina's transportation conformity 
requirements on December 26, 2013, to establish transportation 
conformity criteria and procedures related to interagency consultation, 
conflict resolution, public participation, and enforceability of 
certain transportation related control measures and mitigation 
measures. See 78 FR 78272.

II. Analysis of State's Submittal

    On March 24, 2006, the North Carolina Department of Environment and 
Natural Resources (now the North Carolina Department of Environmental 
Quality) submitted a SIP revision to EPA to clarify the applicability 
of the State's transportation conformity rules. In this direct final 
rulemaking EPA is taking action to approve changes to regulation 15A 
NCAC Subchapter 2D, Section .2001, Purpose, Scope and Applicability. 
EPA has taken, will take, or, for various reasons, will not take 
separate action on all other revisions submitted on March 24, 2006.\1\
---------------------------------------------------------------------------

    \1\ On July 18, 2017, EPA took direct final action on 15A NCAC 
2D Sections .0101, .0103, .0810, .1902, .1903 and 15A NCAC 2Q 
Sections .0103, .0105, .0304, .0305, and .0808. See 82 FR 32767. EPA 
will be taking separate action on 15A NCAC 2D Section.1904 and 2Q 
Sections .0101 and .0301. EPA did not take action on 15A NCAC 2D 
Section .1201. because this rule pertains to incinerators and 
addresses emission guidelines under CAA sections 111(d) and 129 and 
40 CFR part 60 and is not a part of the federally-approved SIP. 
Regulation 15A NCAC 2D Section .1401 was withdrawn by NCDEQ on June 
5, 2017. Regulation 15A NCAC 2Q Sections .0508 and 0523 were not 
acted on because these are title V rules and are not a part of the 
SIP.
---------------------------------------------------------------------------

    The State explained in its submission that North Carolina's rule, 
as previously written, could be read in two ways. One way is that 
transportation conformity rules apply to areas identified as 
nonattainment or maintenance areas by EPA in the Code of Federal 
Regulations (CFR) or to areas listed in the rule. North Carolina 
explained the second way that their rule could be read is that 
transportation conformity rules apply only to areas identified as 
nonattainment or maintenance areas by the CFR and also identified in 
the rule. North Carolina explained that the State's intent is to apply 
transportation conformity rules to areas identified as nonattainment or 
maintenance areas by EPA in the CFR or to areas listed in the rule. 
North Carolina also updated its rule to clarify a vague statement in 
their previous rule that read that transportation conformity rules 
apply to areas ``not in compliance with the primary standard.'' The 
State replaced this language with a more specific reference to ozone 
and PM2.5 standards.
    EPA has reviewed North Carolina's transportation conformity rule 
changes to ensure consistency with Federal transportation conformity 
requirements at 40 CFR part 93, subpart A. North Carolina's 
clarification that transportation conformity requirements apply to 
areas identified as nonattainment or maintenance areas by EPA in the 
CFR or to areas listed in the rule is consistent with the Federal 
transportation conformity requirements in that it does not require a 
change to the State's rules in order for the requirements to apply. 
Pursuant to CAA section 176(c) transportation conformity requirements 
are applicable in relevant nonattainment and maintenance areas without 
a rule change by the State to be in effect. Thus, EPA is taking direct 
final action to approve the aforementioned change to North Carolina's 
transportation conformity provisions as found at 15A NCAC 2D Section 
.2001. Additionally, EPA is proposing to approve North Carolina's 
change in section (d) of 15A NCAC 2D Section .2001 to clarify the vague 
statement that transportation conformity requirements apply to apply to 
areas ``not in compliance with the primary standard'' by being more 
specific in identifying the applicable primary standards of 
PM2.5 and ozone. This change is consistent with Federal 
requirements that transportation conformity requirements do not apply 
in all areas ``not in compliance with the primary standard'' but only 
in nonattainment and maintenance areas for transportation-related 
pollutants.\2\
---------------------------------------------------------------------------

    \2\ Transportation conformity requirements do not apply in areas 
designated nonattainment (or considered as maintenance areas) for 
lead or sulfur dioxide, although these are primary standards.
---------------------------------------------------------------------------

III. Incorporation by Reference

    In this rule, EPA is taking direct final action to include in a 
final EPA rule regulatory text that includes incorporation by 
reference. In accordance with requirements of 1 CFR 51.5, EPA is 
finalizing the incorporation by reference of 15A NCAC Subchapter 2D, 
Section .2001, Purpose, Scope and Applicability, effective November 10, 
2005, which incorporates by reference the Federal Transportation 
Conformity Rule that was restructured and amended on March 14, 2012 (77 
FR 14979). Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference by 
the Director of the Federal Register in the next update to the SIP 
compilation.\3\ EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region 4 Office (please contact the person identified in

[[Page 38840]]

the For Further Information Contact section of this preamble for more 
information).
---------------------------------------------------------------------------

    \3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the changes to 
the North Carolina SIP regarding the State's transportation conformity 
requirements. The approval of North Carolina's conformity SIP changes 
clarifies the State rules and is consistent with Federal transportation 
conformity requirements.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective October 16, 2017 
without further notice unless the Agency receives adverse comments by 
September 15, 2017.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All adverse comments received will then be addressed 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on October 16, 2017 and no 
further action will be taken on the proposed rule.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, the Agency may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
Please note that if we receive adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, we may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 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 CAA. 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 CAA; 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).
    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 as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 16, 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 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 7, 2017.
V. Anne Heard
Acting Regional Administrator, Region 4.

    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.

Subpart II--North Carolina

0
2. In Sec.  52.1770 (c), Table 1 is amended under Subchapter 2D Air 
Pollution Control Requirements by revising the entry for ``Sect .2001'' 
to read as follows:

[[Page 38841]]

Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
                                     Section .2000 Transportation Conformity
----------------------------------------------------------------------------------------------------------------
Sect .2001.......................  Purpose, Scope and       11/10/2005  8/16/2017, [Insert   ...................
                                    Applicability.                       first page of
                                                                         publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-17251 Filed 8-15-17; 8:45 am]
 BILLING CODE 6560-50-P



                                             38838            Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations

                                             the Administrator of this final rule does               enforce its requirements. (See section                      PART 52—APPROVAL AND
                                             not affect the finality of this action for              307(b)(2)).                                                 PROMULGATION OF
                                             the purposes of judicial review nor does                List of Subjects in 40 CFR Part 52                          IMPLEMENTATION PLANS
                                             it extend the time within which a
                                             petition for judicial review may be filed,                Environmental protection, Air                             ■ 1. The authority citation for part 52
                                             and shall not postpone the effectiveness                pollution control, Carbon monoxide,                         continues to read as follows:
                                             of such rule or action. Parties with                    Incorporation by reference,
                                                                                                     Intergovernmental relations, Lead,                              Authority: 42 U.S.C. 7401 et seq.
                                             objections to this direct final rule are
                                             encouraged to file a comment in                         Nitrogen dioxide, Ozone, Particulate
                                                                                                                                                                 Subpart UU—Vermont
                                             response to the parallel notice of                      matter, Regional haze, Reporting and
                                             proposed rulemaking for this action                     recordkeeping requirements, Sulfur
                                                                                                                                                                 ■  2. In § 52.2370, the table in paragraph
                                             published in the proposed rules section                 oxides, Volatile organic compounds.
                                                                                                                                                                 (e) is amended by adding the entry
                                             of today’s Federal Register, rather than                  Dated: July 24, 2017.                                     ‘‘Vermont Regional Haze Five-Year
                                             file an immediate petition for judicial                 Deborah A. Szaro,                                           Progress Report’’ at the end of the table
                                             review of this direct final rule, so that               Acting Regional Administrator, EPA New                      to read as follows:
                                             EPA can withdraw this direct final rule                 England.
                                                                                                                                                                 § 52.2370    Identification of plan.
                                             and address the comment in the                            Part 52 of chapter I, title 40 of the
                                             proposed rulemaking. This action may                    Code of Federal Regulations is amended                      *       *    *      *     *
                                             not be challenged later in proceedings to               as follows:                                                     (e) * * *
                                                                                                             VERMONT NON-REGULATORY
                                                                                            Applicable geographic                State submittal date/
                                             Name of non-regulatory SIP provision                                                                              EPA approval date               Explanation
                                                                                            or nonattainment area                   effective date


                                                     *               *                              *                              *                     *                    *                          *
                                             Vermont Regional Haze Five-Year              Statewide ......................     Submitted 2/29/2016 ..... 8/16/2017, [insert Fed-
                                               Progress Report.                                                                                            eral Register citation].



                                             [FR Doc. 2017–17247 Filed 8–15–17; 8:45 am]             instructions for submitting comments.                       electronic mail at ward.nacosta@
                                             BILLING CODE 6560–50–P                                  Once submitted, comments cannot be                          epa.gov.
                                                                                                     edited or removed from Regulations.gov.                     SUPPLEMENTARY INFORMATION:
                                                                                                     EPA may publish any comment received
                                             ENVIRONMENTAL PROTECTION                                to its public docket. Do not submit                         I. Background and Purpose
                                             AGENCY                                                  electronically any information you                          A. Call to States for Conformity SIP
                                                                                                     consider to be Confidential Business                        Revisions
                                             40 CFR Part 52
                                                                                                     Information (CBI) or other information                         In the Clean Air Act (CAA or Act),
                                             [EPA–R04–OAR–2017–0454; FRL–9966–41–                    whose disclosure is restricted by statute.
                                             Region 4]                                                                                                           Congress recognized that actions taken
                                                                                                     Multimedia submissions (audio, video,                       by federal agencies could affect a State,
                                                                                                     etc.) must be accompanied by a written                      Tribal, or local agency’s ability to attain
                                             Air Plan Approval: North Carolina;
                                                                                                     comment. The written comment is                             and maintain the national ambient air
                                             Transportation Conformity
                                                                                                     considered the official comment and                         quality standards (NAAQS). Congress
                                             AGENCY: Environmental Protection                        should include discussion of all points                     added section 176(c) (42 U.S.C. 7506) to
                                             Agency.                                                 you wish to make. EPA will generally                        the CAA to ensure federal agencies’
                                             ACTION: Direct final rule.                              not consider comments or comment                            proposed actions conform to the
                                                                                                     contents located outside of the primary                     applicable SIP, Tribal Implementation
                                             SUMMARY:   The Environmental Protection                 submission (i.e., on the Web, cloud, or                     Plan (TIP), or Federal Implementation
                                             Agency (EPA) is approving a portion of                  other file sharing system). For                             Plan (FIP) for attaining and maintaining
                                             a revision to the North Carolina State                  additional submission methods, the full                     the NAAQS. That section requires
                                             Implementation plan (SIP) submitted by                  EPA public comment policy,                                  federal entities to find that the
                                             the State of North Carolina on March 24,                information about CBI or multimedia                         emissions from the federal action will
                                             2006, for the purpose of clarifying the                                                                             conform with the purposes of the SIP,
                                                                                                     submissions, and general guidance on
                                             State’s transportation conformity rules                                                                             TIP, or FIP or not otherwise interfere
                                                                                                     making effective comments, please visit
                                             consistent with Federal requirements.                                                                               with the State’s or Tribe’s ability to
                                                                                                     http://www2.epa.gov/dockets/
                                             DATES: This direct final rule is effective                                                                          attain and maintain the NAAQS.
                                                                                                     commenting-epa-dockets.
                                             October 16, 2017 without further notice,                                                                               The CAA Amendments of 1990
                                             unless EPA receives adverse comment                     FOR FURTHER INFORMATION CONTACT:                            clarified and strengthened the
                                             by September 15, 2017. If EPA receives                  Nacosta Ward, Air Regulatory                                provisions in section 176(c). Because
                                             such comments, it will publish a timely                 Management Section, Air Planning and                        certain provisions of section 176(c)
pmangrum on DSK3GDR082PROD with RULES




                                             withdrawal of the direct final rule in the              Implementation Branch, Air, Pesticides                      apply only to highway and mass transit
                                             Federal Register and inform the public                  and Toxics Management Division, U.S.                        funding and approvals actions, EPA
                                             that the rule will not take effect.                     Environmental Protection Agency,                            published two sets of regulations to
                                             ADDRESSES: Submit your comments,                        Region 4, 61 Forsyth Street SW.,                            implement section 176(c). The
                                             identified by Docket ID No. EPA–R04–                    Atlanta, Georgia 30303–8960. The                            Transportation Conformity Regulations,
                                             OAR–2017–0454 at http://                                telephone number is (404) 562–9140.                         (40 CFR part 51, subpart T, and 40 CFR
                                             www.regulations.gov. Follow the online                  Ms. Ward can also be reached via                            part 93, subpart A) first published on


                                        VerDate Sep<11>2014   14:37 Aug 15, 2017   Jkt 241001   PO 00000    Frm 00018        Fmt 4700   Sfmt 4700   E:\FR\FM\16AUR1.SGM   16AUR1


                                                              Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations                                                 38839

                                             November 24, 1993 (58 FR 62188),                        enforceability of certain transportation                EPA in the CFR or to areas listed in the
                                             address federal actions related to                      related control measures and mitigation                 rule is consistent with the Federal
                                             highway and mass transit funding and                    measures. See 78 FR 78272.                              transportation conformity requirements
                                             approval actions. The conformity                                                                                in that it does not require a change to
                                                                                                     II. Analysis of State’s Submittal
                                             regulations have been revised numerous                                                                          the State’s rules in order for the
                                             times since then.                                          On March 24, 2006, the North                         requirements to apply. Pursuant to CAA
                                                When promulgated in 1993, the                        Carolina Department of Environment                      section 176(c) transportation conformity
                                             Federal Transportation Conformity Rule                  and Natural Resources (now the North                    requirements are applicable in relevant
                                             at 40 CFR 51.395 mandated that the                      Carolina Department of Environmental                    nonattainment and maintenance areas
                                             transportation conformity SIP revisions                 Quality) submitted a SIP revision to                    without a rule change by the State to be
                                             incorporate several provisions of the                   EPA to clarify the applicability of the                 in effect. Thus, EPA is taking direct final
                                             rule in verbatim form, except insofar as                State’s transportation conformity rules.                action to approve the aforementioned
                                             needed to give effect to a stated intent                In this direct final rulemaking EPA is                  change to North Carolina’s
                                             in the revision to establish criteria and               taking action to approve changes to                     transportation conformity provisions as
                                             procedures more stringent than the                      regulation 15A NCAC Subchapter 2D,                      found at 15A NCAC 2D Section .2001.
                                             requirements stated in these sections.                  Section .2001, Purpose, Scope and                       Additionally, EPA is proposing to
                                                                                                     Applicability. EPA has taken, will take,                approve North Carolina’s change in
                                             B. What is transportation conformity?                   or, for various reasons, will not take                  section (d) of 15A NCAC 2D Section
                                               Transportation conformity is required                 separate action on all other revisions                  .2001 to clarify the vague statement that
                                             under section 176(c) of the CAA to                      submitted on March 24, 2006.1                           transportation conformity requirements
                                             ensure that federally-supported highway                    The State explained in its submission                apply to apply to areas ‘‘not in
                                             projects, transit projects, and other                   that North Carolina’s rule, as previously               compliance with the primary standard’’
                                             activities are consistent with (‘‘conform               written, could be read in two ways. One
                                                                                                                                                             by being more specific in identifying the
                                             to’’) the purpose of the SIP.                           way is that transportation conformity
                                                                                                                                                             applicable primary standards of PM2.5
                                             Transportation conformity currently                     rules apply to areas identified as
                                                                                                                                                             and ozone. This change is consistent
                                             applies to areas that are designated                    nonattainment or maintenance areas by
                                                                                                                                                             with Federal requirements that
                                             nonattainment, as well as those areas                   EPA in the Code of Federal Regulations
                                                                                                                                                             transportation conformity requirements
                                             redesignated to attainment after 1990                   (CFR) or to areas listed in the rule.
                                                                                                                                                             do not apply in all areas ‘‘not in
                                             (maintenance areas), with plans                         North Carolina explained the second
                                                                                                                                                             compliance with the primary standard’’
                                             developed under section 175A of the                     way that their rule could be read is that
                                                                                                                                                             but only in nonattainment and
                                             Act for the following transportation                    transportation conformity rules apply
                                                                                                                                                             maintenance areas for transportation-
                                             related pollutants: Ozone, particulate                  only to areas identified as
                                             matter (PM2.5 and PM10), carbon                         nonattainment or maintenance areas by                   related pollutants.2
                                             monoxide, and nitrogen dioxide.                         the CFR and also identified in the rule.                III. Incorporation by Reference
                                             Conformity to the purpose of the SIP                    North Carolina explained that the
                                                                                                                                                               In this rule, EPA is taking direct final
                                             means that transportation activities will               State’s intent is to apply transportation
                                                                                                                                                             action to include in a final EPA rule
                                             not cause new air quality violations,                   conformity rules to areas identified as
                                                                                                                                                             regulatory text that includes
                                             worsen existing violations, or delay                    nonattainment or maintenance areas by
                                                                                                                                                             incorporation by reference. In
                                             timely attainment of the relevant                       EPA in the CFR or to areas listed in the
                                                                                                                                                             accordance with requirements of 1 CFR
                                             NAAQS. The transportation conformity                    rule. North Carolina also updated its
                                                                                                                                                             51.5, EPA is finalizing the incorporation
                                             regulation is found in 40 CFR part 93,                  rule to clarify a vague statement in their
                                                                                                     previous rule that read that                            by reference of 15A NCAC Subchapter
                                             subpart A and provisions related to
                                                                                                     transportation conformity rules apply to                2D, Section .2001, Purpose, Scope and
                                             conformity SIPs are found in 40 CFR
                                                                                                     areas ‘‘not in compliance with the                      Applicability, effective November 10,
                                             51.390.
                                                                                                     primary standard.’’ The State replaced                  2005, which incorporates by reference
                                             C. Prior Approval of North Carolina                     this language with a more specific                      the Federal Transportation Conformity
                                             Conformity SIP Revisions                                reference to ozone and PM2.5 standards.                 Rule that was restructured and amended
                                                EPA has approved several revisions to                   EPA has reviewed North Carolina’s                    on March 14, 2012 (77 FR 14979).
                                             the North Carolina SIP to incorporate                   transportation conformity rule changes                  Therefore, these materials have been
                                             transportation conformity requirements                  to ensure consistency with Federal                      approved by EPA for inclusion in the
                                             consistent with the Federal regulations.                transportation conformity requirements                  State implementation plan, have been
                                             Initially, on December 27, 2002, EPA                    at 40 CFR part 93, subpart A. North                     incorporated by reference by EPA into
                                             approved North Carolina’s SIP revision                  Carolina’s clarification that                           that plan, are fully federally enforceable
                                             to address consultation requirements                    transportation conformity requirements                  under sections 110 and 113 of the CAA
                                             and procedures which included                           apply to areas identified as                            as of the effective date of the final
                                             memoranda of agreements for areas in                    nonattainment or maintenance areas by                   rulemaking of EPA’s approval, and will
                                             North Carolina. See 67 FR 78983. On                                                                             be incorporated by reference by the
                                             September 15, 2003, EPA approved the                       1 On July 18, 2017, EPA took direct final action     Director of the Federal Register in the
                                             Mecklenburg-Union Metropolitan                          on 15A NCAC 2D Sections .0101, .0103, .0810,            next update to the SIP compilation.3
                                                                                                     .1902, .1903 and 15A NCAC 2Q Sections .0103,            EPA has made, and will continue to
                                             Planning Organization interagency                       .0105, .0304, .0305, and .0808. See 82 FR 32767.
                                             transportation conformity memorandum                    EPA will be taking separate action on 15A NCAC          make, these materials generally
                                             of agreement. See 68 FR 53883. EPA                      2D Section.1904 and 2Q Sections .0101 and .0301.        available through www.regulations.gov
pmangrum on DSK3GDR082PROD with RULES




                                             also approved an update to North                        EPA did not take action on 15A NCAC 2D Section          and/or at the EPA Region 4 Office
                                                                                                     .1201. because this rule pertains to incinerators and   (please contact the person identified in
                                             Carolina’s transportation conformity                    addresses emission guidelines under CAA sections
                                             requirements on December 26, 2013, to                   111(d) and 129 and 40 CFR part 60 and is not a part
                                                                                                                                                               2 Transportation conformity requirements do not
                                             establish transportation conformity                     of the federally-approved SIP. Regulation 15A
                                                                                                     NCAC 2D Section .1401 was withdrawn by NCDEQ            apply in areas designated nonattainment (or
                                             criteria and procedures related to                      on June 5, 2017. Regulation 15A NCAC 2Q Sections        considered as maintenance areas) for lead or sulfur
                                             interagency consultation, conflict                      .0508 and 0523 were not acted on because these are      dioxide, although these are primary standards.
                                             resolution, public participation, and                   title V rules and are not a part of the SIP.              3 62 FR 27968 (May 22, 1997).




                                        VerDate Sep<11>2014   14:37 Aug 15, 2017   Jkt 241001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\16AUR1.SGM    16AUR1


                                             38840            Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations

                                             the FOR FURTHER INFORMATION CONTACT                     the CAA. Accordingly, this action                     Congress and to the Comptroller General
                                             section of this preamble for more                       merely approves state law as meeting                  of the United States. EPA will submit a
                                             information).                                           federal requirements and does not                     report containing this action and other
                                                                                                     impose additional requirements beyond                 required information to the U.S. Senate,
                                             IV. Final Action
                                                                                                     those imposed by state law. For that                  the U.S. House of Representatives, and
                                                Pursuant to section 110 of the CAA,                  reason, this action:                                  the Comptroller General of the United
                                             EPA is approving the changes to the                        • Is not a significant regulatory action           States prior to publication of the rule in
                                             North Carolina SIP regarding the State’s                subject to review by the Office of                    the Federal Register. A major rule
                                             transportation conformity requirements.                 Management and Budget under                           cannot take effect until 60 days after it
                                             The approval of North Carolina’s                        Executive Orders 12866 (58 FR 51735,                  is published in the Federal Register.
                                             conformity SIP changes clarifies the                    October 4, 1993) and 13563 (76 FR 3821,               This action is not a ‘‘major rule’’ as
                                             State rules and is consistent with                      January 21, 2011);                                    defined by 5 U.S.C. 804(2).
                                             Federal transportation conformity                          • does not impose an information                      Under section 307(b)(1) of the CAA,
                                             requirements.                                           collection burden under the provisions
                                                EPA is publishing this rule without                                                                        petitions for judicial review of this
                                                                                                     of the Paperwork Reduction Act (44                    action must be filed in the United States
                                             prior proposal because the Agency                       U.S.C. 3501 et seq.);                                 Court of Appeals for the appropriate
                                             views this as a noncontroversial                           • is certified as not having a                     circuit by October 16, 2017. Filing a
                                             submittal and anticipates no adverse                    significant economic impact on a
                                             comments. However, in the proposed                                                                            petition for reconsideration by the
                                                                                                     substantial number of small entities                  Administrator of this final rule does not
                                             rules section of this Federal Register                  under the Regulatory Flexibility Act (5
                                             publication, EPA is publishing a                                                                              affect the finality of this action for the
                                                                                                     U.S.C. 601 et seq.);                                  purposes of judicial review nor does it
                                             separate document that will serve as the                   • does not contain any unfunded
                                             proposal to approve the SIP revision                                                                          extend the time within which a petition
                                                                                                     mandate or significantly or uniquely
                                             should adverse comments be filed. This                                                                        for judicial review may be filed, and
                                                                                                     affect small governments, as described
                                             rule will be effective October 16, 2017                                                                       shall not postpone the effectiveness of
                                                                                                     in the Unfunded Mandates Reform Act
                                             without further notice unless the                                                                             such rule or action. Parties with
                                                                                                     of 1995 (Pub. L. 104–4);
                                             Agency receives adverse comments by                        • does not have Federalism                         objections to this direct final rule are
                                             September 15, 2017.                                     implications as specified in Executive                encouraged to file a comment in
                                                If EPA receives such comments, then                  Order 13132 (64 FR 43255, August 10,                  response to the parallel notice of
                                             EPA will publish a document                             1999);                                                proposed rulemaking for this action
                                             withdrawing the final rule and                             • is not an economically significant               published in the proposed rules section
                                             informing the public that the rule will                 regulatory action based on health or                  of today’s Federal Register, rather than
                                             not take effect. All adverse comments                   safety risks subject to Executive Order               file an immediate petition for judicial
                                             received will then be addressed in a                    13045 (62 FR 19885, April 23, 1997);                  review of this direct final rule, so that
                                             subsequent final rule based on the                         • is not a significant regulatory action           EPA can withdraw this direct final rule
                                             proposed rule. EPA will not institute a                 subject to Executive Order 13211 (66 FR               and address the comment in the
                                             second comment period. Parties                          28355, May 22, 2001);                                 proposed rulemaking. This action may
                                             interested in commenting should do so                      • is not subject to requirements of                not be challenged later in proceedings to
                                             at this time. If no such comments are                   Section 12(d) of the National                         enforce its requirements. See section
                                             received, the public is advised that this               Technology Transfer and Advancement                   307(b)(2).
                                             rule will be effective on October 16,                   Act of 1995 (15 U.S.C. 272 note) because              List of Subjects in 40 CFR Part 52
                                             2017 and no further action will be taken                application of those requirements would
                                             on the proposed rule.                                   be inconsistent with the CAA; and                       Environmental protection, Air
                                                Please note that if EPA receives                        • does not provide EPA with the                    pollution control, Incorporation by
                                             adverse comment on an amendment,                        discretionary authority to address, as                reference, Intergovernmental relations,
                                             paragraph, or section of this rule and if               appropriate, disproportionate human                   Nitrogen dioxide, Ozone, Particulate
                                             that provision may be severed from the                  health or environmental effects, using                matter, Reporting and recordkeeping
                                             remainder of the rule, the Agency may                   practicable and legally permissible                   requirements, Volatile organic
                                             adopt as final those provisions of the                  methods, under Executive Order 12898                  compounds.
                                             rule that are not the subject of an                     (59 FR 7629, February 16, 1994).                        Dated: August 7, 2017.
                                             adverse comment. Please note that if we                    The SIP is not approved to apply on                V. Anne Heard
                                             receive adverse comment on an                           any Indian reservation land or in any
                                                                                                                                                           Acting Regional Administrator, Region 4.
                                             amendment, paragraph, or section of                     other area where EPA or an Indian tribe
                                             this rule and if that provision may be                  has demonstrated that a tribe has                         40 CFR part 52 is amended as follows:
                                             severed from the remainder of the rule,                 jurisdiction. In those areas of Indian
                                             we may adopt as final those provisions                  country, the rule does not have tribal                PART 52—APPROVAL AND
                                             of the rule that are not the subject of an              implications as specified by Executive                PROMULGATION OF
                                             adverse comment.                                        Order 13175 (65 FR 67249, November 9,                 IMPLEMENTATION PLANS
                                                                                                     2000), nor will it impose substantial
                                             V. Statutory and Executive Order                        direct costs on tribal governments or                 ■ 1. The authority citation for part 52
                                             Reviews                                                 preempt tribal law.                                   continues to read as follows:
                                               Under the CAA, the Administrator is                      The Congressional Review Act, 5                        Authority: 42 U.S.C. 7401 et seq.
pmangrum on DSK3GDR082PROD with RULES




                                             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                       Subpart II—North Carolina
                                             Act and applicable federal regulations.                 Fairness Act of 1996, generally provides
                                             See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                 that before a rule may take effect, the               ■ 2. In § 52.1770 (c), Table 1 is amended
                                             Thus, in reviewing SIP submissions,                     agency promulgating the rule must                     under Subchapter 2D Air Pollution
                                             EPA’s role is to approve state choices,                 submit a rule report, which includes a                Control Requirements by revising the
                                             provided that they meet the criteria of                 copy of the rule, to each House of the                entry for ‘‘Sect .2001’’ to read as follows:


                                        VerDate Sep<11>2014   14:37 Aug 15, 2017   Jkt 241001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\16AUR1.SGM   16AUR1


                                                                  Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations                                                   38841

                                             § 52.1770       Identification of plan.                             (c) * * *
                                             *       *        *       *        *

                                                                                              TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS
                                                                                                                                  State effective
                                                         State citation                                Title/subject                                          EPA approval date                Explanation
                                                                                                                                       date


                                                         *                            *                         *                       *                          *                       *            *

                                                                                                         Subchapter 2D          Air Pollution Control Requirements

                                                                                                               Section .2000       Transportation Conformity

                                             Sect .2001 ...............................   Purpose, Scope and Applica-                11/10/2005         8/16/2017, [Insert first page of
                                                                                            bility.                                                       publication].

                                                         *                            *                         *                       *                          *                       *            *



                                             *       *        *       *        *                              ADDRESSES:   Submit your comments,                        .08—Wood Waste Boilers. This
                                             [FR Doc. 2017–17251 Filed 8–15–17; 8:45 am]                      identified by Docket ID No. EPA–R04–                      rulemaking revises the definition of
                                             BILLING CODE 6560–50–P                                           OAR–2017–0436 at https://                                 VOCs, corrects a typographical error and
                                                                                                              www.regulations.gov. Follow the online                    removes particulate emission and
                                                                                                              instructions for submitting comments.                     opacity limits for Talladega County.
                                             ENVIRONMENTAL PROTECTION                                         Once submitted, comments cannot be
                                             AGENCY                                                           edited or removed from Regulations.gov.                   II. EPA’s Analysis of Alabama’s SIP
                                                                                                              EPA may publish any comment received                      Revision
                                             40 CFR Part 52                                                   to its public docket. Do not submit                       A. Rule 335–3–1–.02—Definitions
                                                                                                              electronically any information you
                                             [EPA–R04–OAR–2017–0436; FRL–9966–38–                             consider to be Confidential Business                        Tropospheric ozone, commonly
                                             Region 4]                                                        Information (CBI) or other information                    known as smog, occurs when VOCs and
                                                                                                              whose disclosure is restricted by statute.                nitrogen oxides (NOX) react with
                                             Air Plan Approval; AL; VOC Definitions                           Multimedia submissions (audio, video,
                                             and Particulate Emissions                                                                                                  sunlight in the atmosphere. Because of
                                                                                                              etc.) must be accompanied by a written                    the harmful health effects of ozone, EPA
                                             AGENCY: Environmental Protection                                 comment. The written comment is                           limits the amount of VOCs and NOX that
                                             Agency (EPA).                                                    considered the official comment and
                                                                                                                                                                        can be released into the atmosphere.
                                                                                                              should include discussion of all points
                                             ACTION: Direct final rule.                                                                                                 VOCs are those compounds of carbon
                                                                                                              you wish to make. EPA will generally
                                                                                                              not consider comments or comment                          (excluding carbon monoxide, carbon
                                             SUMMARY:   On May 19, 2017, the State of                         contents located outside of the primary                   dioxide, carbonic acid, metallic carbides
                                             Alabama, through the Alabama                                     submission (i.e. on the web, cloud, or                    or carbonates, and ammonium
                                             Department of Environmental                                      other file sharing system). For                           carbonate) that participate in
                                             Management (ADEM), submitted                                     additional submission methods, the full                   atmospheric photochemical reactions.
                                             changes to the Alabama State                                     EPA public comment policy,                                Different VOCs have different levels of
                                             Implementation Plan (SIP). The                                   information about CBI or multimedia                       reactivity; they do not react at the same
                                             Environmental Protection Agency (EPA)                            submissions, and general guidance on                      speed or form ozone to the same extent.
                                             is taking direct final action to approve                         making effective comments, please visit
                                             the submission. Specifically, the                                                                                            EPA determines whether a given
                                                                                                              https://www2.epa.gov/dockets/                             carbon compound has ‘‘negligible’’
                                             revision pertains to definitional                                commenting-epa-dockets.
                                             changes, including the modification of                                                                                     reactivity by comparing the compound’s
                                                                                                              FOR FURTHER INFORMATION CONTACT:                          reactivity to the reactivity of ethane. It
                                             the definition of ‘‘volatile organic                             Richard Wong, Air Regulatory
                                             compounds’’ (VOCs), correction of a                                                                                        has been EPA’s policy that compounds
                                                                                                              Management Section, Air Planning and                      of carbon with negligible reactivity need
                                             typographical error, and removal of                              Implementation Branch, Air, Pesticides
                                             control of particulate emissions and                                                                                       not be regulated to reduce ozone. See 42
                                                                                                              and Toxics Management Division, U.S.                      FR 35314, July 8, 1977. EPA lists these
                                             opacity limits. EPA is taking direct final                       Environmental Protection Agency,
                                             action to approve the SIP revision                                                                                         compounds in its regulations at 40 CFR
                                                                                                              Region 4, 61 Forsyth Street SW.,
                                             because the State has demonstrated that                                                                                    51.100(s) and excludes them from the
                                                                                                              Atlanta, Georgia 30303–8960. The
                                             these changes are consistent with the                            telephone number is (404) 562–8726.                       definition of VOC. The chemicals on
                                             Clean Air Act (CAA or Act).                                      Mr. Wong can be reached via electronic                    this list are often called ‘‘negligibly
                                             DATES: This direct final rule is effective                       mail at wong.richard@epa.gov.                             reactive.’’ EPA may periodically revise
                                             October 16, 2017 without further notice,                         SUPPLEMENTARY INFORMATION:
                                                                                                                                                                        the list of negligibly reactive
pmangrum on DSK3GDR082PROD with RULES




                                             unless EPA receives adverse comment                                                                                        compounds to add or delete
                                             by September 15, 2017. If adverse                                I. Background                                             compounds.
                                             comment is received, EPA will publish                               In this rulemaking, EPA is approving
                                             a timely withdrawal of the direct final                          changes to the Alabama SIP, submitted
                                             rule in the Federal Register and inform                          by the State on May 19, 2017. The
                                             the public that the rule will not take                           submission revises ADEM Rule 335–3–
                                             effect.                                                          1–.02—Definitions and Rule 335–3–4–


                                        VerDate Sep<11>2014       14:37 Aug 15, 2017      Jkt 241001    PO 00000    Frm 00021    Fmt 4700   Sfmt 4700    E:\FR\FM\16AUR1.SGM    16AUR1



Document Created: 2017-08-16 10:27:19
Document Modified: 2017-08-16 10:27:19
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 October 16, 2017 without further notice, unless EPA receives adverse comment by September 15, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
ContactNacosta Ward, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9140. Ms. Ward can also be reached via electronic mail at [email protected]
FR Citation82 FR 38838 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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