82_FR_39193 82 FR 39035 - Air Plan Approval: Alabama; Transportation Conformity

82 FR 39035 - Air Plan Approval: Alabama; Transportation Conformity

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 158 (August 17, 2017)

Page Range39035-39038
FR Document2017-17241

The Environmental Protection Agency (EPA) is approving a portion of a revision to the Alabama State Implementation plan (SIP) submitted by the State of Alabama on May 8, 2013, for the purpose of amending the transportation conformity rules to be consistent with Federal requirements.

Federal Register, Volume 82 Issue 158 (Thursday, August 17, 2017)
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Rules and Regulations]
[Pages 39035-39038]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17241]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0174; FRL-9966-29-Region 4]


Air Plan Approval: Alabama; Transportation Conformity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
portion of a revision to the Alabama State Implementation plan (SIP) 
submitted by the State of Alabama on May 8, 2013, for the purpose of 
amending the transportation conformity rules to be consistent with 
Federal requirements.

DATES: This direct final rule is effective October 16, 2017 without 
further notice, unless EPA receives adverse comment by September 18, 
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-2017-0174 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: Kelly Sheckler, 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) 562-9222. Ms. Sheckler 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 November 
24, 1993 (58 FR 62188),

[[Page 39036]]

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. Transportation Conformity Provisions Affected by the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU)

    On August 10, 2005, the SAFETEA-LU was signed into law and provided 
changes to the CAA that streamlined the requirements for conformity 
SIPs at section 176(c). Prior to SAFETEA-LU, states were required to 
address all of the Federal conformity rule's provisions in their 
conformity SIPs. After SAFETEA-LU amended CAA section 176(c)(4)(E) and 
EPA revised 40 CFR 51.390 to be consistent with those amendments, 
states are required to address and tailor only three sections of the 
conformity rule in their transportation conformity SIPs. (The 
requirement that states adopt the Federal conformity rule verbatim 
results in the need for states to submit a SIP revision within one year 
of EPA's adoption of any changes, including minor changes, to the 
rule.) The three sections of the federal rule which must meet a state's 
individual circumstances are: 40 CFR 93.105, which addresses 
consultation procedures; 40 CFR 93.122(a)(4)(ii), which requires that 
written commitments be obtained for control measures that are not 
included in a Metropolitan Planning Organization's transportation plan 
and transportation improvement program prior to a conformity 
determination, and that such commitments be fulfilled; and, 40 CFR 
93.125(c) which requires that written commitments be obtained for 
mitigation measures prior to a project level conformity determination, 
and that project sponsors must comply with such commitments. In 
general, states are no longer required to submit conformity SIP 
revisions that address the other sections of the conformity rule, and 
they are able to streamline their SIP-approved conformity requirements 
consistent with changes made through SAFETEA-LU.

D. Prior Approval of Alabama Conformity SIP Revisions

    EPA has approved several revisions to the Alabama SIP to 
incorporate transportation conformity requirements consistent with the 
Federal regulations. Initially, on May 11, 2000, EPA approved Alabama's 
SIP revision to address consultation requirements for transportation 
conformity. See 65 FR 30358. On March 26, 2009, EPA approved revisions 
to the transportation conformity requirements in the Alabama SIP to 
cover the specific applicable areas and address new requirements 
related to both the 8-hour ozone and PM2.5 NAAQS. See FR 74 
13118. EPA also approved a subsequent revision to Alabama's 
transportation conformity requirements on September 26, 2012. See 77 FR 
59100.

II. Analysis of State's Submittal

    On May 8, 2013, the Alabama Department of Environmental Management 
submitted a SIP revision to EPA to make two changes to its 
transportation conformity requirements. First, the State changed its 
regulations at Alabama Administrative Code section 335-3-17-.01, 
Transportation Conformity, to reflect the January 24, 2008 (73 FR 4420) 
amendments to 40 CFR part 93, subpart A that address the 2005 SAFETEA-
LU. That change in Alabama's regulation streamlines the State's 
transportation conformity SIP to include only Sec. Sec.  93.105, 
93.122(a)(4)(ii) and 93.125(c), consistent with Federal requirements, 
and not the provisions of 40 CFR 93 in entirety.
    On March 14, 2012, EPA finalized the rule entitled ``Transportation 
Conformity Rule Restructuring Amendments.'' See 77 FR 14979. Through 
that final action, EPA restructured several sections of the 
transportation conformity rule so that they apply to any new or revised 
NAAQS. Specifically, EPA amended Sec. Sec.  93.101, 93.105, 93.109, 
93.116, 93.118, 93.119, and 93.121 of the Transportation Conformity 
Rule. In its May 8, 2013, SIP revision, Alabama requests that EPA 
incorporates by reference subsequent Federal changes EPA promulgated in 
the Transportation Conformity Rule Restructuring Amendments. Although 
Alabama's submission mentions that it is incorporating by reference 
provisions in EPA's Transportation Conformity Rule Restructuring 
Amendments, the only relevant portion for incorporation by reference is 
the change that EPA made to section 93.105 because, in this same 
submission, Alabama changed the State regulations and transportation 
conformity requirements in its SIP to address only Sec. Sec.  93.105, 
93.122(a)(4)(ii) and 93.125(c), in accordance with EPA's regulations. 
The changes EPA made to Sec.  93.105 were administrative in nature and 
involved updates to citations, revision of introductory paragraphs, and 
redesignating paragraphs.
    EPA has reviewed Alabama's submittal to ensure consistency with the 
current CAA, as amended by SAFETEA-LU, and EPA regulations governing 
state procedures for transportation and general conformity (40 CFR part 
93, subparts A and B). The May 8, 2013, SIP revision, upon final 
approval by EPA, removes specific provisions of Alabama Administrative 
Code section 335-3-17-.01, ``Transportation Conformity,'' from the SIP 
that are no longer required in light of the SAFETEA-LU amendments. With 
the removal of these specific provisions of 335-3-17-.01 from the SIP, 
the federal rules in 40 CFR part 93, subpart A will directly govern 
transportation conformity of federal actions in the State of Alabama. 
This revision complies with the requirements of CAA section 
176(c)(4)(e) and 40 CFR 51.390(b). 40 CFR part 93, subpart A continues 
to subject certain Federal actions to transportation conformity 
requirements without the need for identical state rules and SIPs. 
Therefore, repealing the State rule will not impact continuity of the 
transportation conformity program in Alabama.

III. Incorporation by Reference

    In this rule, EPA is proposing 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

[[Page 39037]]

proposing to incorporate by reference the ADEM. Regulation chapter 335-
3-17.01 entitled ``Transportation Conformity,'' effective May 28, 2013, 
which incorporates by reference the Federal Transportation Conformity 
Rule that was restructured and amended on March 14, 2012 (77 FR 14979). 
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 the For Further Information 
Contact section of this preamble for more information).

IV. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the revision 
to the Alabama SIP regarding the State's transportation conformity 
requirements. The approval of Alabama's conformity SIP revisions will 
align the Alabama SIP with the current federal conformity requirements, 
as amended by SAFETEA-LU, and the most recent EPA regulations governing 
state procedures for transportation conformity.
    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 18, 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 public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. 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.

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 4, 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 B--Alabama

0
2. Section 52.50(c) is amended by revising the entry for ``Section 335-
3-17-.01'' to read as follows:


Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

[[Page 39038]]



                                                            EPA Approved Alabama Regulations
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                                                                State
          State citation                Title/subject      effective date             EPA approval date                         Explanation
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                                                                      * * * * * * *
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                                    Chapter No. 335-3-17 Conformity of Federal Actions to State Implementation Plans
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-17-.01..............  Transportation              5/28/2013  8/17/2017 [Insert citation of
                                     Conformity.                            publication].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-17241 Filed 8-16-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations                                                    39035

                                                                                        EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued
                                                                                                          State effective                                                           Explanation
                                               State citation               Title/subject                                          EPA approval date
                                                                                                               date                                                             [former SIP citation]

                                                         *                          *                         *                         *                       *                      *                *

                                                                                                                       Part II     General Provisions


                                                      *                          *                            *                         *                       *                   *                 *
                                              5–151–20 .......     Applicability ......................           11/16/16     8/17/17, [Insert Federal        Subdivision B. is amended to address revoked fed-
                                                                                                                                 Register Citation].              eral standards.
                                                                                                                                                               Previous approval 11/20/09.

                                                         *                          *                         *                         *                       *                      *                *

                                                                                                             9 VAC 5, Chapter 160           General Conformity


                                                         *                          *                         *                         *                       *                      *                *

                                                                                                                       Part II     General Provisions


                                                      *                          *                            *                         *                       *                   *                 *
                                              5–160–30 .......     Applicability ......................           11/16/16     8/17/17, [Insert Federal        Subdivision A. is amended to address revoked fed-
                                                                                                                                 Register Citation].              eral standards.
                                                                                                                                                               Previous approval 12/12/11.

                                                         *                          *                         *                         *                       *                      *                *



                                              *      *       *       *       *                              www.regulations.gov. Follow the online                   electronic mail at sheckler.kelly@
                                              [FR Doc. 2017–17235 Filed 8–16–17; 8:45 am]                   instructions for submitting comments.                    epa.gov.
                                              BILLING CODE 6560–50–P
                                                                                                            Once submitted, comments cannot be                       SUPPLEMENTARY INFORMATION:
                                                                                                            edited or removed from Regulations.gov.
                                                                                                            EPA may publish any comment received                     I. Background and Purpose
                                              ENVIRONMENTAL PROTECTION                                      to its public docket. Do not submit                      A. Call to States for Conformity SIP
                                              AGENCY                                                        electronically any information you                       Revisions
                                                                                                            consider to be Confidential Business                        In the Clean Air Act (CAA or Act),
                                              40 CFR Part 52                                                Information (CBI) or other information                   Congress recognized that actions taken
                                              [EPA–R04–OAR–2017–0174; FRL–9966–29–
                                                                                                            whose disclosure is restricted by statute.               by federal agencies could affect a State,
                                              Region 4]                                                     Multimedia submissions (audio, video,                    Tribal, or local agency’s ability to attain
                                                                                                            etc.) must be accompanied by a written                   and maintain the national ambient air
                                              Air Plan Approval: Alabama;                                   comment. The written comment is                          quality standards (NAAQS). Congress
                                              Transportation Conformity                                     considered the official comment and                      added section 176(c) (42 U.S.C. 7506) to
                                                                                                            should include discussion of all points                  the CAA to ensure federal agencies’
                                              AGENCY: Environmental Protection                              you wish to make. EPA will generally
                                              Agency (EPA).                                                                                                          proposed actions conform to the
                                                                                                            not consider comments or comment                         applicable SIP, Tribal Implementation
                                              ACTION: Direct final rule.                                    contents located outside of the primary                  Plan (TIP) or Federal Implementation
                                                                                                            submission (i.e. on the web, cloud, or                   Plan (FIP) for attaining and maintaining
                                              SUMMARY:   The Environmental Protection
                                              Agency (EPA) is approving a portion of                        other file sharing system). For                          the NAAQS. That section requires
                                              a revision to the Alabama State                               additional submission methods, the full                  federal entities to find that the
                                              Implementation plan (SIP) submitted by                        EPA public comment policy,                               emissions from the federal action will
                                              the State of Alabama on May 8, 2013, for                      information about CBI or multimedia                      conform with the purposes of the SIP,
                                              the purpose of amending the                                   submissions, and general guidance on                     TIP or FIP or not otherwise interfere
                                              transportation conformity rules to be                         making effective comments, please visit                  with the State’s or Tribe’s ability to
                                              consistent with Federal requirements.                         http://www2.epa.gov/dockets/                             attain and maintain the NAAQS.
                                                                                                            commenting-epa-dockets.                                     The CAA Amendments of 1990
                                              DATES: This direct final rule is effective                                                                             clarified and strengthened the
                                              October 16, 2017 without further notice,                      FOR FURTHER INFORMATION CONTACT:                         provisions in section 176(c). Because
                                              unless EPA receives adverse comment                           Kelly Sheckler, Air Regulatory                           certain provisions of section 176(c)
                                              by September 18, 2017. If EPA receives                        Management Section, Air Planning and                     apply only to highway and mass transit
sradovich on DSK3GMQ082PROD with RULES




                                              such comments, it will publish a timely                       Implementation Branch, Air, Pesticides                   funding and approvals actions, EPA
                                              withdrawal of the direct final rule in the                    and Toxics Management Division, U.S.                     published two sets of regulations to
                                              Federal Register and inform the public                        Environmental Protection Agency,                         implement section 176(c). The
                                              that the rule will not take effect.                           Region 4, 61 Forsyth Street SW.,                         Transportation Conformity Regulations,
                                              ADDRESSES: Submit your comments,                              Atlanta, Georgia 30303–8960. The                         (40 CFR part 51, subpart T, and 40 CFR
                                              identified by Docket ID No. EPA–R04–                          telephone number is (404) 562–9222.                      part 93, subpart A) first published on
                                              OAR–2017–0174 at http://                                      Ms. Sheckler can also be reached via                     November 24, 1993 (58 FR 62188),


                                         VerDate Sep<11>2014     16:53 Aug 16, 2017     Jkt 241001    PO 00000     Frm 00027     Fmt 4700   Sfmt 4700   E:\FR\FM\17AUR1.SGM   17AUR1


                                              39036            Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations

                                              address federal actions related to                      meet a state’s individual circumstances               Amendments.’’ See 77 FR 14979.
                                              highway and mass transit funding and                    are: 40 CFR 93.105, which addresses                   Through that final action, EPA
                                              approval actions. The conformity                        consultation procedures; 40 CFR                       restructured several sections of the
                                              regulations have been revised numerous                  93.122(a)(4)(ii), which requires that                 transportation conformity rule so that
                                              times since then.                                       written commitments be obtained for                   they apply to any new or revised
                                                 When promulgated in 1993, the                        control measures that are not included                NAAQS. Specifically, EPA amended
                                              Federal Transportation Conformity Rule                  in a Metropolitan Planning                            §§ 93.101, 93.105, 93.109, 93.116,
                                              at 40 CFR 51.395 mandated that the                      Organization’s transportation plan and                93.118, 93.119, and 93.121 of the
                                              transportation conformity SIP revisions                 transportation improvement program                    Transportation Conformity Rule. In its
                                              incorporate several provisions of the                   prior to a conformity determination, and              May 8, 2013, SIP revision, Alabama
                                              rule in verbatim form, except insofar as                that such commitments be fulfilled; and,              requests that EPA incorporates by
                                              needed to give effect to a stated intent                40 CFR 93.125(c) which requires that                  reference subsequent Federal changes
                                              in the revision to establish criteria and               written commitments be obtained for                   EPA promulgated in the Transportation
                                              procedures more stringent than the                      mitigation measures prior to a project                Conformity Rule Restructuring
                                              requirements stated in these sections.                  level conformity determination, and that              Amendments. Although Alabama’s
                                              B. What is transportation conformity?                   project sponsors must comply with such                submission mentions that it is
                                                                                                      commitments. In general, states are no                incorporating by reference provisions in
                                                Transportation conformity is required                 longer required to submit conformity                  EPA’s Transportation Conformity Rule
                                              under section 176(c) of the CAA to                      SIP revisions that address the other                  Restructuring Amendments, the only
                                              ensure that federally-supported highway                 sections of the conformity rule, and they             relevant portion for incorporation by
                                              projects, transit projects, and other                   are able to streamline their SIP-                     reference is the change that EPA made
                                              activities are consistent with (‘‘conform               approved conformity requirements                      to section 93.105 because, in this same
                                              to’’) the purpose of the SIP.                           consistent with changes made through                  submission, Alabama changed the State
                                              Transportation conformity currently                     SAFETEA–LU.                                           regulations and transportation
                                              applies to areas that are designated                                                                          conformity requirements in its SIP to
                                              nonattainment, as well as those areas                   D. Prior Approval of Alabama
                                                                                                                                                            address only §§ 93.105, 93.122(a)(4)(ii)
                                              redesignated to attainment after 1990                   Conformity SIP Revisions
                                                                                                                                                            and 93.125(c), in accordance with EPA’s
                                              (maintenance areas), with plans                            EPA has approved several revisions to              regulations. The changes EPA made to
                                              developed under section 175A of the                     the Alabama SIP to incorporate                        § 93.105 were administrative in nature
                                              Act for the following transportation                    transportation conformity requirements                and involved updates to citations,
                                              related pollutants: Ozone, particulate                  consistent with the Federal regulations.              revision of introductory paragraphs, and
                                              matter (PM2.5 and PM10), carbon                         Initially, on May 11, 2000, EPA                       redesignating paragraphs.
                                              monoxide, and nitrogen dioxide.                         approved Alabama’s SIP revision to                       EPA has reviewed Alabama’s
                                              Conformity to the purpose of the SIP                    address consultation requirements for                 submittal to ensure consistency with the
                                              means that transportation activities will               transportation conformity. See 65 FR                  current CAA, as amended by
                                              not cause new air quality violations,                   30358. On March 26, 2009, EPA                         SAFETEA–LU, and EPA regulations
                                              worsen existing violations, or delay                    approved revisions to the transportation              governing state procedures for
                                              timely attainment of the relevant                       conformity requirements in the Alabama                transportation and general conformity
                                              NAAQS. The transportation conformity                    SIP to cover the specific applicable                  (40 CFR part 93, subparts A and B). The
                                              regulation is found in 40 CFR part 93,                  areas and address new requirements                    May 8, 2013, SIP revision, upon final
                                              subpart A and provisions related to                     related to both the 8-hour ozone and                  approval by EPA, removes specific
                                              conformity SIPs are found in 40 CFR                     PM2.5 NAAQS. See FR 74 13118. EPA                     provisions of Alabama Administrative
                                              51.390.                                                 also approved a subsequent revision to                Code section 335–3–17–.01,
                                              C. Transportation Conformity Provisions                 Alabama’s transportation conformity                   ‘‘Transportation Conformity,’’ from the
                                              Affected by the Safe, Accountable,                      requirements on September 26, 2012.                   SIP that are no longer required in light
                                              Flexible, Efficient Transportation Equity               See 77 FR 59100.                                      of the SAFETEA–LU amendments. With
                                              Act: A Legacy for Users (SAFETEA–LU)                                                                          the removal of these specific provisions
                                                                                                      II. Analysis of State’s Submittal
                                                                                                                                                            of 335–3–17–.01 from the SIP, the
                                                On August 10, 2005, the SAFETEA–                         On May 8, 2013, the Alabama                        federal rules in 40 CFR part 93, subpart
                                              LU was signed into law and provided                     Department of Environmental                           A will directly govern transportation
                                              changes to the CAA that streamlined the                 Management submitted a SIP revision to                conformity of federal actions in the
                                              requirements for conformity SIPs at                     EPA to make two changes to its                        State of Alabama. This revision
                                              section 176(c). Prior to SAFETEA–LU,                    transportation conformity requirements.               complies with the requirements of CAA
                                              states were required to address all of the              First, the State changed its regulations at           section 176(c)(4)(e) and 40 CFR
                                              Federal conformity rule’s provisions in                 Alabama Administrative Code section                   51.390(b). 40 CFR part 93, subpart A
                                              their conformity SIPs. After SAFETEA–                   335–3–17–.01, Transportation                          continues to subject certain Federal
                                              LU amended CAA section 176(c)(4)(E)                     Conformity, to reflect the January 24,                actions to transportation conformity
                                              and EPA revised 40 CFR 51.390 to be                     2008 (73 FR 4420) amendments to 40                    requirements without the need for
                                              consistent with those amendments,                       CFR part 93, subpart A that address the               identical state rules and SIPs. Therefore,
                                              states are required to address and tailor               2005 SAFETEA–LU. That change in                       repealing the State rule will not impact
                                              only three sections of the conformity                   Alabama’s regulation streamlines the                  continuity of the transportation
                                              rule in their transportation conformity                 State’s transportation conformity SIP to              conformity program in Alabama.
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                                              SIPs. (The requirement that states adopt                include only §§ 93.105, 93.122(a)(4)(ii)
                                              the Federal conformity rule verbatim                    and 93.125(c), consistent with Federal                III. Incorporation by Reference
                                              results in the need for states to submit                requirements, and not the provisions of                  In this rule, EPA is proposing to
                                              a SIP revision within one year of EPA’s                 40 CFR 93 in entirety.                                include in a final EPA rule regulatory
                                              adoption of any changes, including                         On March 14, 2012, EPA finalized the               text that includes incorporation by
                                              minor changes, to the rule.) The three                  rule entitled ‘‘Transportation                        reference. In accordance with
                                              sections of the federal rule which must                 Conformity Rule Restructuring                         requirements of 1 CFR 51.5, EPA is


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                                                               Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations                                              39037

                                              proposing to incorporate by reference                   merely approves state law as meeting                  of the United States. EPA will submit a
                                              the ADEM. Regulation chapter 335–3–                     Federal requirements and does not                     report containing this action and other
                                              17.01 entitled ‘‘Transportation                         impose additional requirements beyond                 required information to the U.S. Senate,
                                              Conformity,’’ effective May 28, 2013,                   those imposed by state law. For that                  the U.S. House of Representatives, and
                                              which incorporates by reference the                     reason, this action:                                  the Comptroller General of the United
                                              Federal Transportation Conformity Rule                     • Is not a significant regulatory action           States prior to publication of the rule in
                                              that was restructured and amended on                    subject to review by the Office of                    the Federal Register. A major rule
                                              March 14, 2012 (77 FR 14979). EPA has                   Management and Budget under                           cannot take effect until 60 days after it
                                              made, and will continue to make, these                  Executive Orders 12866 (58 FR 51735,                  is published in the Federal Register.
                                              materials generally available through                   October 4, 1993) and 13563 (76 FR 3821,               This action is not a ‘‘major rule’’ as
                                              www.regulations.gov and/or at the EPA                   January 21, 2011);                                    defined by 5 U.S.C. 804(2).
                                              Region 4 office (please contact the                        • does not impose an information                      Under section 307(b)(1) of the CAA,
                                              person identified in the FOR FURTHER                    collection burden under the provisions                petitions for judicial review of this
                                              INFORMATION CONTACT section of this                     of the Paperwork Reduction Act (44                    action must be filed in the United States
                                              preamble for more information).                         U.S.C. 3501 et seq.);                                 Court of Appeals for the appropriate
                                                                                                         • is certified as not having a                     circuit by October 16, 2017. Filing a
                                              IV. Final Action                                        significant economic impact on a                      petition for reconsideration by the
                                                 Pursuant to section 110 of the CAA,                  substantial number of small entities                  Administrator of this final rule does not
                                              EPA is approving the revision to the                    under the Regulatory Flexibility Act (5               affect the finality of this action for the
                                              Alabama SIP regarding the State’s                       U.S.C. 601 et seq.);                                  purposes of judicial review nor does it
                                              transportation conformity requirements.                    • does not contain any unfunded                    extend the time within which a petition
                                              The approval of Alabama’s conformity                    mandate or significantly or uniquely                  for judicial review may be filed, and
                                              SIP revisions will align the Alabama SIP                affect small governments, as described                shall not postpone the effectiveness of
                                              with the current federal conformity                     in the Unfunded Mandates Reform Act                   such rule or action. Parties with
                                              requirements, as amended by                             of 1995 (Pub. L. 104–4);                              objections to this direct final rule are
                                              SAFETEA–LU, and the most recent EPA                        • does not have Federalism                         encouraged to file a comment in
                                              regulations governing state procedures                  implications as specified in Executive                response to the parallel notice of
                                              for transportation conformity.                          Order 13132 (64 FR 43255, August 10,                  proposed rulemaking for this action
                                                 EPA is publishing this rule without                  1999);                                                published in the proposed rules section
                                              prior proposal because the Agency                          • is not an economically significant               of today’s Federal Register, rather than
                                              views this as a noncontroversial                        regulatory action based on health or                  file an immediate petition for judicial
                                              submittal and anticipates no adverse                    safety risks subject to Executive Order               review of this direct final rule, so that
                                              comments. However, in the proposed                      13045 (62 FR 19885, April 23, 1997);                  EPA can withdraw this direct final rule
                                              rules section of this Federal Register                     • is not a significant regulatory action           and address the comment in the
                                              publication, EPA is publishing a                        subject to Executive Order 13211 (66 FR               proposed rulemaking. This action may
                                              separate document that will serve as the                28355, May 22, 2001);                                 not be challenged later in proceedings to
                                              proposal to approve the SIP revision                       • is not subject to requirements of                enforce its requirements. See section
                                              should adverse comments be filed. This                  Section 12(d) of the National                         307(b)(2).
                                              rule will be effective October 16, 2017                 Technology Transfer and Advancement
                                              without further notice unless the                       Act of 1995 (15 U.S.C. 272 note) because              List of Subjects in 40 CFR Part 52
                                              Agency receives adverse comments by                     application of those requirements would                 Environmental protection, Air
                                              September 18, 2017.                                     be inconsistent with the CAA; and                     pollution control, Incorporation by
                                                 If EPA receives such comments, then                     • does not provide EPA with the                    reference, Intergovernmental relations,
                                              EPA will publish a document                             discretionary authority to address, as                Nitrogen dioxide, Ozone, Particulate
                                              withdrawing the final rule and                          appropriate, disproportionate human                   matter, Reporting and recordkeeping
                                              informing the public that the rule will                 health or environmental effects, using                requirements, Volatile organic
                                              not take effect. All public comments                    practicable and legally permissible                   compounds.
                                              received will then be addressed in a                    methods, under Executive Order 12898
                                                                                                                                                              Dated: August 4, 2017.
                                              subsequent final rule based on the                      (59 FR 7629, February 16, 1994).
                                                                                                      The SIP is not approved to apply on any               V. Anne Heard,
                                              proposed rule. EPA will not institute a
                                              second comment period. Parties                          Indian reservation land or in any other               Acting Regional Administrator, Region 4.
                                              interested in commenting should do so                   area where EPA or an Indian tribe has                     40 CFR part 52 is amended as follows:
                                              at this time. If no such comments are                   demonstrated that a tribe has
                                              received, the public is advised that this               jurisdiction. In those areas of Indian                PART 52—APPROVAL AND
                                              rule will be effective on October 16,                   country, the rule does not have tribal                PROMULGATION OF
                                              2017 and no further action will be taken                implications as specified by Executive                IMPLEMENTATION PLANS
                                              on the proposed rule.                                   Order 13175 (65 FR 67249, November 9,
                                                                                                                                                            ■ 1. The authority citation for part 52
                                                                                                      2000), nor will it impose substantial
                                              V. Statutory and Executive Order                                                                              continues to read as follows:
                                                                                                      direct costs on tribal governments or
                                              Reviews                                                 preempt tribal law.                                       Authority: 42 U.S.C. 7401 et seq.
                                                Under the CAA, the Administrator is                      The Congressional Review Act, 5
                                              required to approve a SIP submission                    U.S.C. 801 et seq., as added by the Small             Subpart B—Alabama
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                                              that complies with the provisions of the                Business Regulatory Enforcement                       ■ 2. Section 52.50(c) is amended by
                                              Act and applicable Federal regulations.                 Fairness Act of 1996, generally provides              revising the entry for ‘‘Section 335–3–
                                              See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                 that before a rule may take effect, the               17-.01’’ to read as follows:
                                              Thus, in reviewing SIP submissions,                     agency promulgating the rule must
                                              EPA’s role is to approve state choices,                 submit a rule report, which includes a                § 52.50    Identification of plan.
                                              provided that they meet the criteria of                 copy of the rule, to each House of the                *       *    *      *      *
                                              the CAA. Accordingly, this action                       Congress and to the Comptroller General                   (c) * * *


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                                              39038                Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations

                                                                                                         EPA APPROVED ALABAMA REGULATIONS
                                                                                                                                        State effective
                                                             State citation                             Title/subject                                         EPA approval date            Explanation
                                                                                                                                             date


                                                         *                          *                       *                       *                        *                      *              *

                                                                                  Chapter No. 335–3–17          Conformity of Federal Actions to State Implementation Plans

                                              Section 335–3–17–.01 .................       Transportation Conformity ...........            5/28/2013     8/17/2017 [Insert citation
                                                                                                                                                            of publication].

                                                         *                          *                       *                       *                        *                      *              *



                                              *      *         *       *      *                           adverse comment, the Agency will                         (800) 553–7672; Web site: https://
                                              [FR Doc. 2017–17241 Filed 8–16–17; 8:45 am]                 publish a timely withdrawal in the                       www.epa.gov/home/epa-hotlines.
                                              BILLING CODE 6560–50–P                                      Federal Register informing the public                    SUPPLEMENTARY INFORMATION:
                                                                                                          that this direct final action will not take
                                                                                                          effect and directing them to the Notice                  I. Executive Summary
                                              ENVIRONMENTAL PROTECTION                                    of Proposed Rulemaking. EPA would                        A. Does this action apply to me?
                                              AGENCY                                                      then address all relevant adverse public
                                                                                                                                                                      You may be potentially affected by
                                                                                                          comments in a subsequent final rule.
                                              40 CFR Part 372                                                                                                      this action if you own or operate
                                                                                                          DATES: This final rule is effective on                   facilities that have 10 or more full-time
                                              [EPA–HQ–OPPT–2017–0197; FRL–9964–77]                        November 15, 2017 without further                        employees or the equivalent of 20,000
                                              RIN 2070–AK32                                               notice, unless EPA receives adverse                      employee hours per year that
                                                                                                          comment by September 18, 2017. If EPA                    manufacture, process, or otherwise use
                                              Community Right-To-Know; Adopting                           receives adverse comment, we will                        toxic chemicals listed on the TRI, and
                                              2017 North American Industry                                publish a timely withdrawal in the                       that are required under section 313 of
                                              Classification System (NAICS) Codes                         Federal Register informing the public                    the Emergency Planning and
                                              for Toxics Release Inventory (TRI)                          that the rule will not take effect and                   Community Right-to-Know Act (EPCRA)
                                              Reporting                                                   directing them to the Notice of Proposed                 or section 6607 of the Pollution
                                                                                                          Rulemaking that appears elsewhere in                     Prevention Act (PPA) to report annually
                                              AGENCY: Environmental Protection                            this issue of the Federal Register.
                                              Agency (EPA).                                                                                                        to EPA and States or Tribes their
                                                                                                          ADDRESSES: The docket for this action,                   environmental releases or other waste
                                              ACTION: Direct final rule.
                                                                                                          identified by docket identification (ID)                 management quantities of covered
                                              SUMMARY:    EPA is updating the list of                     number EPA–HQ–OPPT–2007–0197, is                         chemicals. (A rule was published on
                                              North American Industry Classification                      available at http://www.regulations.gov                  April 19, 2012 (77 FR 23409), requiring
                                              System (NAICS) codes subject to                             or at the Office of Pollution Prevention                 facilities located in Indian country to
                                              reporting under the Toxics Release                          and Toxics Docket (OPPT Docket),                         report to the appropriate tribal
                                              Inventory (TRI) to reflect the Office of                    Environmental Protection Agency                          government official and EPA instead of
                                              Management and Budget (OMB) 2017                            Docket Center (EPA/DC), West William                     to the state and EPA.)
                                              NAICS code revision. As a result of this                    Jefferson Clinton Bldg., Rm. 3334, 1301                     The following list of North American
                                              action, facilities would be required to                     Constitution Ave. NW., Washington,                       Industrial Classification System
                                              use 2017 NAICS codes when reporting                         DC. The Public Reading Room is open                      (NAICS) codes is not intended to be
                                              to TRI beginning with TRI reporting                         from 8:30 a.m. to 4:30 p.m., Monday                      exhaustive, but rather provides a guide
                                              forms that are due on July 1, 2018,                         through Friday, excluding legal                          to help readers determine whether this
                                              covering releases and other waste                           holidays. The telephone number for the                   document applies to them. Potentially
                                              management quantities for the 2017                          Public Reading Room is (202) 566–1744,                   affected entities may include:
                                              calendar year. EPA is also modifying the                    and the telephone number for the OPPT                       • Facilities included in the following
                                              list of exceptions and limitations                          Docket is (202) 566–0280. Please review                  NAICS manufacturing codes
                                              associated with NAICS codes in the CFR                      the visitor instructions and additional                  (corresponding to Standard Industrial
                                              for TRI reporting purposes by deleting                      information about the docket available                   Classification (SIC) codes 20 through
                                              the descriptive text. EPA believes that                     at http://www.epa.gov/dockets.                           39): 311*, 312*, 313*, 314*, 315*, 316,
                                              these amendments are non-controversial                      FOR FURTHER INFORMATION CONTACT:                         321, 322, 323*, 324, 325*, 326*, 327,
                                              and does not expect to receive any                             For technical information contact:                    331, 332, 333, 334*, 335*, 336, 337*,
                                              adverse comments. However, in                               Stephanie Griffin, Toxics Release                        339*, 111998*, 211112*, 212324*,
                                              addition to this direct final rule,                         Inventory Program Division, Mailcode                     212325*, 212393*, 212399*, 488390*,
                                              elsewhere in this issue of the Federal                      7410M, Office of Pollution Prevention                    511110, 511120, 511130, 511140*,
                                              Register, EPA is issuing the same                           and Toxics, Environmental Protection                     511191, 511199, 512220, 512230*,
                                              amendment as a Notice of Proposed                           Agency, 1200 Pennsylvania Ave. NW.,                      519130*, 541712*, or 811490*.
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                                              Rulemaking that will be used in the                         Washington, DC 20460–0001; telephone                     (*Exceptions and/or limitations exist for
                                              event that adverse comment is received.                     number: (202) 564–1463; email address:                   these NAICS codes.)
                                              If EPA receives no adverse comment,                         griffin.stephanie@epa.gov.                                  • Facilities included in the following
                                              the Agency will not take further action                        For general information contact: The                  NAICS codes (corresponding to SIC
                                              on the proposed rule and the direct final                   Emergency Planning and Community                         codes other than SIC codes 20 through
                                              rule will become effective as provided                      Right-to-Know Information Center;                        39): 212111, 212112, 212113
                                              in this action. If EPA receives relevant                    telephone number: (800) 424–9346, TDD                    (corresponds to SIC code 12, Coal


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Document Created: 2017-08-17 01:42:59
Document Modified: 2017-08-17 01:42:59
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 18, 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.
ContactKelly Sheckler, 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) 562-9222. Ms. Sheckler can also be reached via electronic mail at [email protected]
FR Citation82 FR 39035 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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