82 FR 47380 - Approval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to Regulation Number 3
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 196 (October 12, 2017)
Federal Register Volume 82, Issue 196 (October 12, 2017)
| Page Range | 47380-47383 | |
| FR Document | 2017-21952 |
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)] [Rules and Regulations] [Pages 47380-47383] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21952] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2017-0446; FRL-9969-46--Region 8] Approval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to Regulation Number 3 AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a portion of the State Implementation Plan (SIP) revisions submitted by the State of Colorado on February 25, 2015. The revisions are to Colorado Air Quality Control Commission (Commission) Regulation Number 3, Parts A, B and D. The amendments the EPA is taking final action on include: Revisions to provisions for permitting emissions for particulate matter less than 2.5 micrograms (PM2.5 ) in Part D, modifications to the provisions for filing revised Air Pollution Emission Notices (APEN) in Part A and updates to public notice publication requirements in Part B. This action is being taken under section 110 of the Clean Air Act (CAA). DATES: This final rule is effective on November 13, 2017. ADDRESSES: The EPA has established a docket for this action under Docket Identification Number EPA-R08-OAR-2017-0446. All documents in the docket are listed on the http://www.regulations.gov index. Although listed in the index, some information may not be publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado, 80202-1129. The EPA requests that you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-6227, [email protected]. SUPPLEMENTARY INFORMATION: I. Background Revisions to PM2.5 Significant Impact Level (SIL) and Significant Monitoring Concentration (SMC) Provisions Colorado's SIP submittal revises the SIL and SMC provisions for PM2.5 in the State's Prevention of Significant Deterioration (PSD) permitting program. Our proposed rulemaking, which was published on August 18, 2017, details the relevant court decisions and the EPA's corresponding rulemakings regarding PM2.5 SILs and SMCs (See 82 FR 39396). As explained in our proposal notice, Colorado's submittal is consistent with EPA's revised rules. Revisions to APEN Reporting Colorado has revised its APEN reporting requirements to clarify when a revised APEN is required due to a significant change in annual actual emissions. The revision would clarify that the thresholds for determining significant changes are based on an individual emission unit's actual emissions on a pollutant-by-pollutant basis, not on facility-wide emissions. This revision simplifies and streamlines the requirements for filing revised APENs because the source's actual annual emissions are the relevant information for inventory and fee purposes when reporting past years' emissions or reporting significant changes in annual actual emissions. Our proposed rulemaking outlines the rationale for this revision and provides a detailed example of the revision. Revisions to Public Notice Requirements Previously Part B, Section III.C.4., required the State to publish public notice of certain proposed minor source construction permit applications, including sources that apply for a permit to limit the potential to emit criteria pollutants, in a newspaper of general distribution in the area where the proposed project will be located or by other such method reasonably designed to ensure effective public notice. We are approving Colorado's revision to include other means authorized by state statute and federal regulation that are designed to provide public notice of the applicable permitting action. Please see the notice for our proposed rulemaking for details. II. Response to Comment No comments were received on our August 18, 2017 notice of proposed rulemaking. III. What are the changes that EPA is taking final action to approve? The EPA is taking final action to approve a portion of the SIP revisions as submitted by Colorado on February 25, 2015, pertaining to PM2.5 SILs and SMCs. As explained in our proposed rulemaking, these changes meet the requirements under CAA section 110(l), which states that the EPA cannot approve a SIP revision that interferes with any requirement concerning attainment, reasonable further progress, or any other applicable requirement of the Act. The revisions to the PSD program in Part D, Regulation Number 3 comply with the requirements of 40 CFR 51.166 as revised by the EPA in response to the D.C. Circuit Court of Appeals decision regarding PM2.5 SILs and SMCs. See 78 FR 73698. The EPA is taking final action to approve a portion of the SIP revisions as submitted by Colorado on February 25, 2015, pertaining to revisions to Colorado's APEN requirements. These revisions, as outlined in our proposed rulemaking, comply with section 110(l) because the revisions are limited to the [[Page 47381]] filing of revised APENs that are designed to update Colorado's emissions inventory or used to calculate emissions fees. The revisions to the public notice minor source permitting requirements comply with section 110(l) because, we find that the revisions are consistent with our regulations regarding public notice for minor NSR programs. As explained in detail in our proposal, the EPA interprets the public notice requirements in 40 CFR 51.162 for minor NSR programs to allow for any publishing venue for which it is reasonable to conclude the public has routine and ready access. For the reasons expressed above and in our proposed rulemaking, the EPA is taking final action to approve revisions to Regulation Number 3, Parts A, B and D and Appendix A in the February 25, 2015 submittal as shown in Table 1 below. Appendix A was revised as a conforming change to the APEN revisions. We are also approving the renumbering and formatting changes for the definition of ``emission unit'' in Regulation Number 3, Part D, I.A.13.a.; and II.A.13.a.(i)-(ii). Table 1--List of Colorado Revisions That EPA Is Approving ------------------------------------------------------------------------ ------------------------------------------------------------------------- Revised Sections in February 10, 2015 Submission Final Action for Approval ------------------------------------------------------------------------ Regulation Number 3, Part A: II.C.2.b.(i)-(iii); and II.C.4.a. and b. Appendix A. Regulation Number 3, Part B: III.C.4. Regulation Number 3, Part D: II.A.13.a.(i)-(ii); VI.A.2.c.; and VI.B.3.a.(iii). ------------------------------------------------------------------------ The EPA is not acting on revisions from Colorado's February 25, 2015 submittal related to greenhouse gas and carbon dioxide equivalent (CO2e) revisions and the associated renumbering which was a result of Colorado's proposed greenhouse gas revisions in Parts A and D. These revisions will be acted on in a separate rulemaking. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Colorado rules as described in the amendments to 40 CFR part 52 set forth in this document. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 8 office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the 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 the EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); 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 in a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide the 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 the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 11, 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. This action may not be challenged later in proceedings to enforce its requirements. (See CAA section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. [[Page 47382]] Dated: September 27, 2017. Suzanne J. Bohan, Acting Regional Administrator, Region 8. 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 G--Colorado 0 2. Section 52.320 in paragraph (c) is amended as follows: 0 a. By revising, under the centered heading ``5 CCR 1001-05, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting'' the table entries for ``II.'' and ``Appendix A.'' 0 b. By revising, under the centered heading ``5 CCR 1001-05, Regulation Number 3, Part B, Concerning Construction Permits'' the table entry for ``III.'' 0 c. By revising, under the centered heading ``5 CCR 1001-5, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention of Significant Deterioration'' the table entries for ``II.'' and ``VI.'' The revisions read as follows: Sec. 52.320 Identification of plan. * * * * * (c) * * * ---------------------------------------------------------------------------------------------------------------- State EPA effective Final rule citation/ Title effective date date date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 5 CCR 1001-5, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting ---------------------------------------------------------------------------------------------------------------- * * * * * * * II. Air Pollutant Emission Notice 10/15/2014 11/13/2017 [Insert Federal (APEN) Requirements. Register citation], 10/12/2017. * * * * * * * Appendix A, Method for Determining 10/15/2014 11/13/2017 [Insert Federal De Minimis Levels For Non- Register citation], Criteria Reportable Pollutants. 10/12/2017. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 5 CCR 1001-5, Regulation Number 3, Part B, Concerning Construction Permits ---------------------------------------------------------------------------------------------------------------- * * * * * * * III. Construction Permit Review 10/15/2014 11/13/2017 [Insert Federal Procedures. Register citation], 10/12/2017. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 5 CCFR 1001-5, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention of Significant Deterioration ---------------------------------------------------------------------------------------------------------------- * * * * * * * II. Definitions................... 10/15/2014 11/13/2017 [Insert Federal Except II.A.26.d., Register citation], the phrase ``and 10/12/2017. only PM2.5 emissions can be used to evaluate the net emissions increase for PM2.5'' * * * * * * * VI. Requirements applicable to 10/15/2014 11/13/2017 [Insert Federal Except for VI.A.1.c., attainment and unclassifiable Register citation], the phrase ``for areas and pollutants implemented 10/12/2017. phases that commence under Section 110 of the Federal construction more Act (Prevention of Significant than 18 months after Deterioration Program). the initial granting of the permit''; VI.A.2., the phrase ``either Section VI.A.2.a. or b., as clarified for any relevant air pollutant, in Section VI.B.3.a.(iii) in reference to PM2.5 monitoring exemption; and VI.B.3.d. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-21952 Filed 10-11-17; 8:45 am] BILLING CODE 6560-50-P
![47380 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
State submittal
Applicable geographic
Name of non-regulatory SIP provision date/effective EPA approval date Explanations
or nonattainment area date
* * * * * * *
September 2014 Regional Haze Progress Report ......... Kentucky ..................... 09/17/2014 10/12/2017, [Insert ci-
tation of publication].
[FR Doc. 2017–21935 Filed 10–11–17; 8:45 am] the Air Program, Environmental rationale for this revision and provides
BILLING CODE 6560–50–P Protection Agency (EPA), Region 8, a detailed example of the revision.
1595 Wynkoop Street, Denver,
Revisions to Public Notice Requirements
Colorado, 80202–1129. The EPA
ENVIRONMENTAL PROTECTION requests that you contact the individual Previously Part B, Section III.C.4.,
AGENCY listed in the FOR FURTHER INFORMATION required the State to publish public
CONTACT section to view the hard copy notice of certain proposed minor source
40 CFR Part 52 of the docket. You may view the hard construction permit applications,
[EPA–R08–OAR–2017–0446; FRL–9969– copy of the docket Monday through including sources that apply for a
46—Region 8] Friday, 8:00 a.m. to 4:00 p.m., excluding permit to limit the potential to emit
federal holidays. criteria pollutants, in a newspaper of
Approval and Promulgation of Air
FOR FURTHER INFORMATION CONTACT: general distribution in the area where
Quality Implementation Plans;
Kevin Leone, Air Program, U.S. the proposed project will be located or
Colorado; Revisions to Regulation
Environmental Protection Agency, by other such method reasonably
Number 3
Region 8, Mailcode 8P–AR, 1595 designed to ensure effective public
AGENCY: Environmental Protection Wynkoop, Denver, Colorado 80202– notice. We are approving Colorado’s
Agency (EPA). 1129, (303) 312–6227, leone.kevin@ revision to include other means
ACTION: Final rule. epa.gov. authorized by state statute and federal
SUPPLEMENTARY INFORMATION: regulation that are designed to provide
SUMMARY: The Environmental Protection
public notice of the applicable
Agency (EPA) is taking final action to I. Background permitting action. Please see the notice
approve a portion of the State
Revisions to PM2.5 Significant Impact for our proposed rulemaking for details.
Implementation Plan (SIP) revisions
submitted by the State of Colorado on Level (SIL) and Significant Monitoring II. Response to Comment
February 25, 2015. The revisions are to Concentration (SMC) Provisions
Colorado Air Quality Control No comments were received on our
Colorado’s SIP submittal revises the
Commission (Commission) Regulation August 18, 2017 notice of proposed
SIL and SMC provisions for PM2.5 in the
Number 3, Parts A, B and D. The rulemaking.
State’s Prevention of Significant
amendments the EPA is taking final Deterioration (PSD) permitting program. III. What are the changes that EPA is
action on include: Revisions to Our proposed rulemaking, which was taking final action to approve?
provisions for permitting emissions for published on August 18, 2017, details
particulate matter less than 2.5 the relevant court decisions and the The EPA is taking final action to
micrograms (PM2.5) in Part D, EPA’s corresponding rulemakings approve a portion of the SIP revisions as
modifications to the provisions for filing regarding PM2.5 SILs and SMCs (See 82 submitted by Colorado on February 25,
revised Air Pollution Emission Notices FR 39396). As explained in our proposal 2015, pertaining to PM2.5 SILs and
(APEN) in Part A and updates to public notice, Colorado’s submittal is SMCs. As explained in our proposed
notice publication requirements in Part consistent with EPA’s revised rules. rulemaking, these changes meet the
B. This action is being taken under requirements under CAA section 110(l),
section 110 of the Clean Air Act (CAA). Revisions to APEN Reporting which states that the EPA cannot
DATES: This final rule is effective on Colorado has revised its APEN approve a SIP revision that interferes
November 13, 2017. reporting requirements to clarify when a with any requirement concerning
ADDRESSES: The EPA has established a revised APEN is required due to a attainment, reasonable further progress,
docket for this action under Docket significant change in annual actual or any other applicable requirement of
Identification Number EPA–R08–OAR– emissions. The revision would clarify the Act. The revisions to the PSD
2017–0446. All documents in the docket that the thresholds for determining program in Part D, Regulation Number
are listed on the http:// significant changes are based on an 3 comply with the requirements of 40
www.regulations.gov index. Although individual emission unit’s actual CFR 51.166 as revised by the EPA in
listed in the index, some information emissions on a pollutant-by-pollutant response to the D.C. Circuit Court of
may not be publicly available, e.g., basis, not on facility-wide emissions. Appeals decision regarding PM2.5 SILs
Confidential Business Information or This revision simplifies and streamlines and SMCs. See 78 FR 73698.
other information whose disclosure is the requirements for filing revised The EPA is taking final action to
jstallworth on DSKBBY8HB2PROD with RULES
restricted by statute. Certain other APENs because the source’s actual approve a portion of the SIP revisions as
material, such as copyrighted material, annual emissions are the relevant submitted by Colorado on February 25,
will be publicly available only in hard information for inventory and fee 2015, pertaining to revisions to
copy. Publicly available docket purposes when reporting past years’ Colorado’s APEN requirements. These
materials are available either emissions or reporting significant revisions, as outlined in our proposed
electronically through http:// changes in annual actual emissions. Our rulemaking, comply with section 110(l)
www.regulations.gov or in hard copy at proposed rulemaking outlines the because the revisions are limited to the
VerDate Sep<11>2014 16:19 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1](https://thefederalregister.org/doc/82_FR_47576/page/1.svg)
![47382 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations
Dated: September 27, 2017. Subpart G—Colorado Construction Permits’’ the table entry
Suzanne J. Bohan, for ‘‘III.’’
Acting Regional Administrator, Region 8. ■2. Section 52.320 in paragraph (c) is ■ c. By revising, under the centered
amended as follows: heading ‘‘5 CCR 1001–5, Regulation
40 CFR part 52 is amended as follows: Number 3, Part D, Concerning Major
■ a. By revising, under the centered Stationary Source New Source Review
PART 52—APPROVAL AND heading ‘‘5 CCR 1001–05, Regulation and Prevention of Significant
PROMULGATION OF Number 3, Part A, Concerning General Deterioration’’ the table entries for ‘‘II.’’
IMPLEMENTATION PLANS Provisions Applicable to Reporting and and ‘‘VI.’’
Permitting’’ the table entries for ‘‘II.’’
The revisions read as follows:
and ‘‘Appendix A.’’
■ 1. The authority citation for part 52
■ b. By revising, under the centered § 52.320 Identification of plan.
continues to read as follows:
heading ‘‘5 CCR 1001–05, Regulation * * * * *
Authority: 42 U.S.C. 7401 et seq. Number 3, Part B, Concerning (c) * * *
State EPA Final rule
Title Comments
effective date effective date citation/date
* * * * * * *
5 CCR 1001–5, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting
* * * * * * *
II. Air Pollutant Emission Notice (APEN) 10/15/2014 11/13/2017 [Insert Federal Register
Requirements. citation], 10/12/2017.
* * * * * * *
Appendix A, Method for Determining 10/15/2014 11/13/2017 [Insert Federal Register
De Minimis Levels For Non-Criteria citation], 10/12/2017.
Reportable Pollutants.
* * * * * * *
5 CCR 1001–5, Regulation Number 3, Part B, Concerning Construction Permits
* * * * * * *
III. Construction Permit Review Proce- 10/15/2014 11/13/2017 [Insert Federal Register
dures. citation], 10/12/2017.
* * * * * * *
5 CCFR 1001–5, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention of Significant
Deterioration
* * * * * * *
II. Definitions .......................................... 10/15/2014 11/13/2017 [Insert Federal Register Except II.A.26.d., the phrase ‘‘and only
citation], 10/12/2017. PM2.5 emissions can be used to
evaluate the net emissions increase
for PM2.5’’
* * * * * * *
VI. Requirements applicable to attain- 10/15/2014 11/13/2017 [Insert Federal Register Except for VI.A.1.c., the phrase ‘‘for
ment and unclassifiable areas and citation], 10/12/2017. phases that commence construction
pollutants implemented under Section more than 18 months after the initial
110 of the Federal Act (Prevention of granting of the permit’’; VI.A.2., the
Significant Deterioration Program). phrase ‘‘either Section VI.A.2.a. or b.,
as clarified for any relevant air pollut-
ant, in Section VI.B.3.a.(iii) in ref-
erence to PM2.5 monitoring exemp-
tion; and VI.B.3.d.
* * * * * * *
jstallworth on DSKBBY8HB2PROD with RULES
* * * * *
[FR Doc. 2017–21952 Filed 10–11–17; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014 16:23 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1](https://thefederalregister.org/doc/82_FR_47576/page/3.svg)
![Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 47383
ENVIRONMENTAL PROTECTION I. Background provisions of 335–3–17–.01 from the
AGENCY On May 8, 2013, the Alabama SIP, the federal rules in 40 CFR part 93,
Department of Environmental subpart A, will directly govern
40 CFR Part 52 Management submitted a SIP revision to transportation conformity of federal
[EPA–R04–OAR–2017–0174; FRL–9969–24– EPA to make two changes to its actions in the State of Alabama. This
Region 4] transportation conformity requirements. revision complies with the requirements
First, the State changed its regulations at of CAA section 176(c)(4)(e) and 40 CFR
Air Plan Approval: Alabama; Alabama Administrative Code section 51.390(b). 40 CFR part 93, subpart A,
Transportation Conformity 335–3–17–.01, Transportation continues to subject certain Federal
AGENCY: Environmental Protection Conformity, to reflect the January 24, actions to transportation conformity
Agency (EPA). 2008 (73 FR 4420) amendments to 40 requirements without the need for
ACTION: Final rule.
CFR part 93, subpart A, that address the identical state rules and SIPs. Therefore,
2005 SAFETEA–LU. That change in repealing the State rule will not impact
SUMMARY: The Environmental Protection Alabama’s regulation streamlines the continuity of the transportation
Agency (EPA) is approving a portion of State’s transportation conformity SIP to conformity program in Alabama.
a revision to the Alabama State include only §§ 93.105, 93.122(a)(4)(ii)
and 93.125(c), consistent with Federal In a direct final rule published on
Implementation plan (SIP) submitted by
requirements, and not the provisions of August 17, 2017 (82 FR 39035), EPA
the State of Alabama on May 8, 2013, for
the purpose of amending the 40 CFR part 93 in entirety. took a direct final action to approve the
transportation conformity rules to be On March 14, 2012 (77 FR 14979), portions of the May 8, 2013, submittal
consistent with Federal requirements. EPA finalized the rule entitled that removes specific provisions of
‘‘Transportation Conformity Rule Alabama Administrative Code section
DATES: This rule is effective November
13, 2017. Restructuring Amendments.’’ Through 335–3–17–.01, ‘‘Transportation
that final action, EPA restructured Conformity,’’ from the SIP that are no
ADDRESSES: EPA has established a
several sections of the transportation longer required in light of the
docket for this action under Docket
conformity rule so that they apply to SAFETEA–LU amendments. In the
Identification No. EPA–R04–OAR–
2017–0174. All documents in the docket any new or revised NAAQS. direct final rulemaking, EPA established
are listed on the www.regulations.gov Specifically, EPA amended §§ 93.101, that the rule would become effective 60
Web site. Although listed in the index, 93.105, 93.109, 93.116, 93.118, 93.119, days after publication in the Federal
some information is not publicly and 93.121 of the Transportation Register and without further notice,
available, i.e., Confidential Business Conformity Rule. In its May 8, 2013, SIP unless EPA received adverse comment
Information or other information whose revision, Alabama requests that EPA within 30 days of the publication. If
disclosure is restricted by statute. incorporates by reference subsequent EPA received such comments, it would
Certain other material, such as Federal changes EPA promulgated in publish a timely withdrawal of the
copyrighted material, is not placed on the Transportation Conformity Rule direct final rule in the Federal Register
the Internet and will be publicly Restructuring Amendments. Although and inform the public that the rule will
available only in hard copy form. Alabama’s submission mentions that it not take effect. Comments on the
Publicly available docket materials are is incorporating by reference provisions
rulemaking were due on or before
available either electronically through in EPA’s Transportation Conformity
September 18, 2017.
www.regulations.gov or in hard copy at Rule Restructuring Amendments, the
only relevant portion for incorporation EPA received one adverse comment
the Air Regulatory Management Section, on the direct final rulemaking, and as a
Air Planning and Implementation by reference is the change that EPA
made to § 93.105 because, in this same result, elsewhere in this issue of the
Branch, Air, Pesticides and Toxics
submission, Alabama changed the State Federal Register, the EPA has taken a
Management Division, U.S.
Environmental Protection Agency, regulations and transportation separate action to withdraw the direct
Region 4, 61 Forsyth Street SW., conformity requirements in its SIP to final rule. Nevertheless, the rationale for
Atlanta, Georgia 30303–8960. EPA address only §§ 93.105, 93.122(a)(4)(ii) EPA’s action still remains and the only
requests that if at all possible, you and 93.125(c), in accordance with EPA’s addition in this final rulemaking is the
contact the person listed in the FOR regulations. The changes EPA made to response to the adverse comment
FURTHER INFORMATION CONTACT section to
§ 93.105 were administrative in nature received. The details of Alabama’s SIP
schedule your inspection. The Regional and involved updates to citations, revisions and the rationale for EPA’s
Office’s official hours of business are revision of introductory paragraphs, and action are further explained in the direct
Monday through Friday 8:30 a.m. to redesignating paragraphs. final rule published August 17, 2017 (82
EPA has reviewed Alabama’s FR 39035). Below is a summary of the
4:30 p.m., excluding Federal holidays.
submittal to ensure consistency with the
FOR FURTHER INFORMATION CONTACT: comment received and EPA’s response.
current Clean Air Act (CAA or Act), as
Kelly Sheckler, Air Regulatory amended by SAFETEA–LU, and EPA II. Response to Comment
Management Section, Air Planning and regulations governing state procedures
Implementation Branch, Air, Pesticides for transportation and general Comment: The Commenter mentions
and Toxics Management Division, U.S. conformity (40 CFR part 93, subparts A that EPA should not allow Alabama to
Environmental Protection Agency, and B). The May 8, 2013, SIP revision, remove transportation conformity rules
jstallworth on DSKBBY8HB2PROD with RULES
Region 4, 61 Forsyth Street SW., upon final approval by EPA, removes from the SIP and asserts that EPA has
Atlanta, Georgia 30303–8960. The specific provisions of Alabama loosened the Federal transportation
telephone number is (404) 562–9222. Administrative Code section 335–3–17– conformity requirements. The
Ms. Sheckler can also be reached via .01, ‘‘Transportation Conformity,’’ from Commenter goes on to say that Alabama
electronic mail at sheckler.kelly@ the SIP that are no longer required in should incorporate by reference the
epa.gov. light of the SAFETEA–LU amendments. entirety of 40 CFR part 93.
SUPPLEMENTARY INFORMATION: With the removal of these specific
VerDate Sep<11>2014 16:23 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1](https://thefederalregister.org/doc/82_FR_47576/page/4.svg)
Document Created: 2018-10-25 10:04:23
Document Modified: 2018-10-25 10:04:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on November 13, 2017. | |
| Contact | Kevin Leone, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-6227, [email protected] | |
| FR Citation | 82 FR 47380 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Intergovernmental Relations; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
2026 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR