82_FR_47579 82 FR 47383 - Air Plan Approval: Alabama; Transportation Conformity

82 FR 47383 - Air Plan Approval: Alabama; Transportation Conformity

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 196 (October 12, 2017)

Page Range47383-47385
FR Document2017-21930

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 196 (Thursday, October 12, 2017)
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47383-47385]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21930]



[[Page 47383]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0174; FRL-9969-24-Region 4]


Air Plan Approval: Alabama; Transportation Conformity

AGENCY: Environmental Protection Agency (EPA).

ACTION: 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 rule is effective November 13, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0174. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the 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. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

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 sheckler.kelly@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    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 part 93 in entirety.
    On March 14, 2012 (77 FR 14979), EPA finalized the rule entitled 
``Transportation Conformity Rule Restructuring Amendments.'' 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 Sec.  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 Clean Air Act (CAA or Act), 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.
    In a direct final rule published on August 17, 2017 (82 FR 39035), 
EPA took a direct final action to approve the portions of the May 8, 
2013, submittal that 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. In the direct final rulemaking, EPA established 
that the rule would become effective 60 days after publication in the 
Federal Register and without further notice, unless EPA received 
adverse comment within 30 days of the publication. If EPA received such 
comments, it would publish a timely withdrawal of the direct final rule 
in the Federal Register and inform the public that the rule will not 
take effect. Comments on the rulemaking were due on or before September 
18, 2017.
    EPA received one adverse comment on the direct final rulemaking, 
and as a result, elsewhere in this issue of the Federal Register, the 
EPA has taken a separate action to withdraw the direct final rule. 
Nevertheless, the rationale for EPA's action still remains and the only 
addition in this final rulemaking is the response to the adverse 
comment received. The details of Alabama's SIP revisions and the 
rationale for EPA's action are further explained in the direct final 
rule published August 17, 2017 (82 FR 39035). Below is a summary of the 
comment received and EPA's response.

II. Response to Comment

    Comment: The Commenter mentions that EPA should not allow Alabama 
to remove transportation conformity rules from the SIP and asserts that 
EPA has loosened the Federal transportation conformity requirements. 
The Commenter goes on to say that Alabama should incorporate by 
reference the entirety of 40 CFR part 93.

[[Page 47384]]

    Response: Alabama's SIP continues to include transportation 
conformity requirements. CAA section 176(c) is the statutory authority 
for transportation conformity (42 U.S.C. 7506(c)). This section of the 
CAA was amended by provisions contained in the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(SAFETEA-LU), which was signed into law on August 10, 2005 (Public Law 
109-59). Among the changes Congress made to this section of the CAA was 
to streamline the requirements for state conformity SIPs. Subsequently, 
EPA published a final rule on January 24, 2008 (73 FR 4420), to update 
the requirements for conformity SIPs as well as the other CAA 
provisions amended by Congress. These streamlined conformity SIP 
requirements did not loosen EPA's conformity requirements. The CAA 
amendment was merely intended to reduce the burden on states associated 
with duplicating federal transportation conformity rules within state 
conformity rules.
    CAA section 176(c)(4)(E) and 40 CFR 51.390(b) of the conformity 
rule now require states to submit conformity SIPs that address only the 
following provisions of the federal conformity rule:
     40 CFR 93.105, which addresses consultation procedures;
     40 CFR 93.122(a)(4)(ii), which states that conformity SIPs 
must require that written commitments to control measures be obtained 
prior to a conformity determination if the control measures are not 
included in a metropolitan planning organization's transportation plan 
and transportation improvement programs, and that such commitments be 
fulfilled; and
     40 CFR 93.125(c), which states that conformity SIPs must 
require that written commitments to mitigation measures be obtained 
prior to a project-level conformity determination, and that project 
sponsors comply with such commitments.

These provisions must be tailored to a state's individual 
circumstances, rather than including the federal conformity rule 
section verbatim. Alabama's SIP contains the tailored provisions.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of ADEM 
Regulation, chapter 335-3-17-.01 entitled ``Transportation 
Conformity,'' effective May 28, 2013, which incorporates by reference 
the Federal Transportation Conformity Rule. 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). Therefore, these materials have 
been approved by EPA for inclusion in the State implementation plan, 
have been incorporated by reference by EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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.

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. This action merely 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the 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 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

[[Page 47385]]

shall not postpone the effectiveness of such rule or action. 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: September 29, 2017.
Onis ``Trey'' Glenn, III
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 under the heading ``Chapter No. 335-3-17 
Conformity of Federal Actions to State Implementation Plans'' by 
revising the entry for ``Section 335-3-17-.01'' to read as follows:


Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Alabama Regulations
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                                                            State
         State citation              Title/subject     effective date   EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                Chapter No. 335-3-17 Conformity of Federal Actions to State Implementation Plans
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Section 335-3-17-.01............  Transportation            5/28/2013  10/12/2017           ....................
                                   Conformity.                         [Insert citation of
                                                                        publication].
 
                                                  * * * * * * *
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* * * * *
[FR Doc. 2017-21930 Filed 10-11-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                 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


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                                                47384            Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations

                                                   Response: Alabama’s SIP continues to                 reference the Federal Transportation                  affect small governments, as described
                                                include transportation conformity                       Conformity Rule. EPA has made, and                    in the Unfunded Mandates Reform Act
                                                requirements. CAA section 176(c) is the                 will continue to make, these materials                of 1995 (Public Law 104–4);
                                                statutory authority for transportation                  generally available through                              • does not have Federalism
                                                conformity (42 U.S.C. 7506(c)). This                    www.regulations.gov and/or at the EPA                 implications as specified in Executive
                                                section of the CAA was amended by                       Region 4 Office (please contact the                   Order 13132 (64 FR 43255, August 10,
                                                provisions contained in the Safe,                       person identified in the FOR FURTHER                  1999);
                                                Accountable, Flexible, Efficient                        INFORMATION CONTACT section of this                      • is not an economically significant
                                                Transportation Equity Act: A Legacy for                 preamble for more information).                       regulatory action based on health or
                                                Users (SAFETEA–LU), which was                           Therefore, these materials have been                  safety risks subject to Executive Order
                                                signed into law on August 10, 2005                      approved by EPA for inclusion in the                  13045 (62 FR 19885, April 23, 1997);
                                                (Public Law 109–59). Among the                          State implementation plan, have been                     • is not a significant regulatory action
                                                changes Congress made to this section                   incorporated by reference by EPA into                 subject to Executive Order 13211 (66 FR
                                                of the CAA was to streamline the                        that plan, are fully federally enforceable            28355, May 22, 2001);
                                                requirements for state conformity SIPs.                 under sections 110 and 113 of the CAA                    • is not subject to requirements of
                                                Subsequently, EPA published a final                     as of the effective date of the final                 Section 12(d) of the National
                                                rule on January 24, 2008 (73 FR 4420),                  rulemaking of EPA’s approval, and will                Technology Transfer and Advancement
                                                to update the requirements for                          be incorporated by reference by the                   Act of 1995 (15 U.S.C. 272 note) because
                                                conformity SIPs as well as the other                    Director of the Federal Register in the               application of those requirements would
                                                CAA provisions amended by Congress.                     next update to the SIP compilation.1                  be inconsistent with the CAA; and
                                                These streamlined conformity SIP                                                                                 • does not provide EPA with the
                                                requirements did not loosen EPA’s                       IV. Final Action                                      discretionary authority to address, as
                                                conformity requirements. The CAA                           Pursuant to section 110 of the CAA,                appropriate, disproportionate human
                                                amendment was merely intended to                        EPA is approving the revision to the                  health or environmental effects, using
                                                reduce the burden on states associated                  Alabama SIP regarding the State’s                     practicable and legally permissible
                                                with duplicating federal transportation                 transportation conformity requirements.               methods, under Executive Order 12898
                                                conformity rules within state conformity                The approval of Alabama’s conformity                  (59 FR 7629, February 16, 1994).
                                                rules.                                                  SIP revisions will align the Alabama SIP                 The SIP is not approved to apply on
                                                   CAA section 176(c)(4)(E) and 40 CFR                  with the current federal conformity                   any Indian reservation land or in any
                                                51.390(b) of the conformity rule now                    requirements, as amended by                           other area where EPA or an Indian tribe
                                                require states to submit conformity SIPs                SAFETEA–LU, and the most recent EPA                   has demonstrated that a tribe has
                                                that address only the following                         regulations governing state procedures                jurisdiction. In those areas of Indian
                                                provisions of the federal conformity                    for transportation conformity.                        country, the rule does not have tribal
                                                rule:                                                                                                         implications as specified by Executive
                                                   • 40 CFR 93.105, which addresses                     V. Statutory and Executive Order                      Order 13175 (65 FR 67249, November 9,
                                                consultation procedures;                                Reviews                                               2000), nor will it impose substantial
                                                   • 40 CFR 93.122(a)(4)(ii), which states                Under the CAA, the Administrator is                 direct costs on tribal governments or
                                                that conformity SIPs must require that                  required to approve a SIP submission                  preempt tribal law.
                                                written commitments to control                          that complies with the provisions of the                 The Congressional Review Act, 5
                                                measures be obtained prior to a                         Act and applicable Federal regulations.               U.S.C. 801 et seq., as added by the Small
                                                conformity determination if the control                 See 42 U.S.C. 7410(k); 40 CFR 52.02(a).               Business Regulatory Enforcement
                                                measures are not included in a                          Thus, in reviewing SIP submissions,                   Fairness Act of 1996, generally provides
                                                metropolitan planning organization’s                    EPA’s role is to approve state choices,               that before a rule may take effect, the
                                                transportation plan and transportation                  provided that they meet the criteria of               agency promulgating the rule must
                                                improvement programs, and that such                     the CAA. This action merely approves                  submit a rule report, which includes a
                                                commitments be fulfilled; and                           state law as meeting Federal                          copy of the rule, to each House of the
                                                   • 40 CFR 93.125(c), which states that                requirements and does not impose                      Congress and to the Comptroller General
                                                conformity SIPs must require that                       additional requirements beyond those                  of the United States. EPA will submit a
                                                written commitments to mitigation                       imposed by state law. For that reason,                report containing this action and other
                                                measures be obtained prior to a project-                this action:                                          required information to the U.S. Senate,
                                                level conformity determination, and that                  • Is not a significant regulatory action            the U.S. House of Representatives, and
                                                project sponsors comply with such                       subject to review by the Office of                    the Comptroller General of the United
                                                commitments.                                            Management and Budget under                           States prior to publication of the rule in
                                                These provisions must be tailored to a                  Executive Orders 12866 (58 FR 51735,                  the Federal Register. A major rule
                                                state’s individual circumstances, rather                October 4, 1993) and 13563 (76 FR 3821,               cannot take effect until 60 days after it
                                                than including the federal conformity                   January 21, 2011);                                    is published in the Federal Register.
                                                rule section verbatim. Alabama’s SIP                      • does not impose an information                    This action is not a ‘‘major rule’’ as
                                                contains the tailored provisions.                       collection burden under the provisions                defined by 5 U.S.C. 804(2).
                                                                                                        of the Paperwork Reduction Act (44                       Under section 307(b)(1) of the CAA,
                                                III. Incorporation by Reference                                                                               petitions for judicial review of this
                                                                                                        U.S.C. 3501 et seq.);
                                                   In this rule, EPA is finalizing                        • is certified as not having a                      action must be filed in the United States
                                                regulatory text that includes                           significant economic impact on a                      Court of Appeals for the appropriate
jstallworth on DSKBBY8HB2PROD with RULES




                                                incorporation by reference. In                          substantial number of small entities                  circuit by December 11, 2017. Filing a
                                                accordance with requirements of 1 CFR                   under the Regulatory Flexibility Act (5               petition for reconsideration by the
                                                51.5, EPA is finalizing the incorporation               U.S.C. 601 et seq.);                                  Administrator of this final rule does not
                                                by reference of ADEM Regulation,                          • does not contain any unfunded                     affect the finality of this action for the
                                                chapter 335–3–17–.01 entitled                           mandate or significantly or uniquely                  purposes of judicial review nor does it
                                                ‘‘Transportation Conformity,’’ effective                                                                      extend the time within which a petition
                                                May 28, 2013, which incorporates by                       1 62   FR 27968 (May 22, 1997).                     for judicial review may be filed, and


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                                                                    Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations                                                           47385

                                                shall not postpone the effectiveness of                     requirements, Volatile organic                                   Authority: 42 U.S.C. 7401 et seq.
                                                such rule or action. This action may not                    compounds.
                                                be challenged later in proceedings to                         Dated: September 29, 2017.                                 Subpart B—Alabama
                                                enforce its requirements. See section                       Onis ‘‘Trey’’ Glenn, III
                                                307(b)(2).                                                                                                               ■ 2. Section 52.50(c) is amended under
                                                                                                            Regional Administrator, Region 4.                            the heading ‘‘Chapter No. 335–3–17
                                                List of Subjects in 40 CFR Part 52                                40 CFR part 52 is amended as follows:                  Conformity of Federal Actions to State
                                                                                                                                                                         Implementation Plans’’ by revising the
                                                  Environmental protection, Air                             PART 52—APPROVAL AND                                         entry for ‘‘Section 335–3–17–.01’’ to
                                                pollution control, Incorporation by                         PROMULGATION OF                                              read as follows:
                                                reference, Intergovernmental relations,                     IMPLEMENTATION PLANS
                                                Nitrogen dioxide, Ozone, Particulate                                                                                     § 52.50    Identification of plan.
                                                matter, Reporting and recordkeeping                         ■ 1. The authority citation for part 52                      *       *    *         *      *
                                                                                                            continues to read as follows:                                    (c) * * *
                                                                                                           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    10/12/2017
                                                                                                                                                                   [Insert citation of publication] ..........

                                                           *                          *                         *                          *                       *                        *                      *



                                                *      *        *       *       *                           South Carolina’s Progress Report on the                      Monday through Friday, 8:30 a.m. to
                                                [FR Doc. 2017–21930 Filed 10–11–17; 8:45 am]                basis that it addresses the progress                         4:30 p.m., excluding Federal holidays.
                                                BILLING CODE 6560–50–P                                      report and adequacy determination                            FOR FURTHER INFORMATION CONTACT:
                                                                                                            requirements for the first                                   Michele Notarianni, Air Regulatory
                                                                                                            implementation period for regional                           Management Section, Air Planning and
                                                ENVIRONMENTAL PROTECTION                                    haze.                                                        Implementation Branch, Air, Pesticides
                                                AGENCY                                                                                                                   and Toxics Management Division, U.S.
                                                                                                                 This rule will be effective
                                                                                                            DATES:
                                                                                                                                                                         Environmental Protection Agency,
                                                40 CFR Part 52                                              November 13, 2017.
                                                                                                                                                                         Region 4, 61 Forsyth Street SW.,
                                                [EPA–R04–OAR–2013–0389; FRL–9969–                           ADDRESSES:    EPA has established a                          Atlanta, Georgia 30303–8960. Ms.
                                                23—Region 4]                                                docket for this action under Docket                          Notarianni can be reached at (404) 562–
                                                                                                            Identification No. EPA–R04–OAR–                              9031 and by electronic mail at
                                                Approval and Promulgation of Air                            2013–0389. All documents in the docket                       notarianni.michele@epa.gov.
                                                Quality Implementation Plans; State of                      are listed on the www.regulations.gov                        SUPPLEMENTARY INFORMATION:
                                                South Carolina; Regional Haze State                         Web site. Although listed in the index,
                                                Implementation Plan                                         some information may not be publicly                         I. Background
                                                AGENCY:  Environmental Protection                           available, i.e., Confidential Business                          States are required to submit progress
                                                Agency (EPA).                                               Information or other information whose                       reports that evaluate progress towards
                                                                                                            disclosure is restricted by statute.                         the RPGs for each mandatory Class I
                                                ACTION: Final rule.
                                                                                                            Certain other material, such as                              Federal area within the state and in each
                                                SUMMARY:    The Environmental Protection                    copyrighted material, is not placed on                       mandatory Class I Federal area outside
                                                Agency (EPA) is approving a South                           the Internet and will be publicly                            the state which may be affected by
                                                Carolina State Implementation Plan                          available only in hard copy form.                            emissions from within the state. See 40
                                                (SIP) revision, submitted by the State of                   Publicly available docket materials are                      CFR 51.308(g). States are also required
                                                South Carolina through the South                            available either electronically through                      to submit, at the same time as the
                                                Carolina Department of Health and                           www.regulations.gov or in hard copy at                       progress report, a determination of the
                                                Environmental Control (SC DHEC) on                          the Air Regulatory Management Section                        adequacy of the state’s existing regional
                                                December 28, 2012. South Carolina’s                         (formerly Regulatory Development                             haze plan. See 40 CFR 51.308(h). The
                                                December 28, 2012, SIP revision                             Section), Air Planning and                                   first progress report is due five years
                                                (‘‘Progress Report’’) addresses                             Implementation Branch, Air, Pesticides                       after submittal of the initial regional
                                                requirements of the Clean Air Act (CAA                      and Toxics Management Division, U.S.                         haze plan and must be in the form of a
                                                or ‘‘Act’’) and EPA’s rules that require                    Environmental Protection Agency,                             SIP revision. On December 17, 2007, SC
jstallworth on DSKBBY8HB2PROD with RULES




                                                states to submit periodic reports                           Region 4, 61 Forsyth Street SW.,                             DHEC submitted the State’s first
                                                describing progress towards reasonable                      Atlanta, Georgia 30303–8960. EPA                             regional haze plan in accordance with
                                                progress goals (RPGs) established for                       requests that if at all possible, you                        40 CFR 51.308(b).1
                                                regional haze and a determination of the                    contact the person listed in the FOR
                                                                                                                                                                           1 On June 28, 2012, EPA finalized a limited
                                                adequacy of the State’s existing SIP                        FURTHER INFORMATION CONTACT section
                                                                                                                                                                         approval of South Carolina’s regional haze plan to
                                                addressing regional haze (‘‘regional haze                   for further information. The Regional                        address the first implementation period for regional
                                                plan’’). EPA is finalizing approval of                      Office’s official hours of business are                                                                    Continued




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Document Created: 2018-10-25 10:05:46
Document Modified: 2018-10-25 10:05:46
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
ActionFinal rule.
DatesThis rule is effective November 13, 2017.
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 47383 
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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