
[Federal Register Volume 80, Number 46 (Tuesday, March 10, 2015)]
[Rules and Regulations]
[Pages 12561-12564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05260]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0275; A-1-FRL-9924-17-Region 1]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Transportation Conformity

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Rhode 
Island on February 21, 2014. This revision includes a regulation 
adopted by Rhode Island that establishes procedures to follow for 
transportation conformity

[[Page 12562]]

determinations. Conformity to the purpose of the SIP means that 
transportation activities will not cause new air quality violations, 
worsen existing violations, or delay timely attainment of the national 
ambient air quality standards. The intended effect of this action is to 
approve Rhode Island's transportation conformity regulation into the 
Rhode Island SIP. This action is being taken in accordance with the 
Clean Air Act.

DATES: This direct final rule will be effective May 11, 2015, unless 
EPA receives adverse comments by April 9, 2015. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2014-0275 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: arnold.anne@epa.gov
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2014-0275, Anne 
Arnold, U.S. Environmental Protection Agency, EPA New England Regional 
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912.
    5. Hand Delivery or Courier: Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912. Such deliveries are only accepted during the Regional Office's 
normal hours of operation. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
legal holidays.
    Instructions: Direct your comments to Docket ID No EPA-R01-OAR-
2014-0275. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI 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 in www.regulations.gov or 
in hard copy at U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, 5 Post Office Square--
Suite 100, Boston, MA. EPA requests that if at all possible, you 
contact the contact 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 legal holidays.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency; Office of Air Resources, Department of Environmental 
Management, 235 Promenade Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Anne Arnold, Air Quality Unit, U.S. 
Environmental Protection Agency, EPA New England Regional Office, 5 
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number (617) 918-1047, fax number (617) 918-1047, email 
arnold.anne@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background
    A. What is transportation conformity?
    B. What are the transportation conformity provisions of SAFETEA-
LU (Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users)?
II. Rhode Island's SIP Revision
III. EPA's Evaluation of Rhode Island's SIP Revision
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

A. What is transportation conformity?

    Transportation conformity is required under Section 176(c) of the 
Clean Air Act (CAA) to ensure that Federally supported highway, transit 
projects, and other activities are consistent with (``conform to'') the 
purpose of the SIP. Conformity currently applies to areas that are 
designated nonattainment, and those redesignated to attainment after 
1990 (maintenance areas) with plans developed under section 175A of the 
Clean Air Act, for the following transportation related criteria 
pollutants: Ozone, particulate matter (PM2.5 and 
PM10), carbon monoxide (CO), and nitrogen dioxide 
(NO2). Conformity to the purpose of the SIP means that 
transportation activities will not cause new air quality violations, 
worsen existing violations, or delay timely attainment of the relevant 
national ambient air quality standards (NAAQS). The transportation 
conformity regulation is found in 40 CFR part 93, subpart A and 
provisions related to conformity SIPs are found in 40 CFR 51.390.
    In the CAA, Congress recognized that actions taken by Federal 
agencies could affect State, Tribal, and local agencies' ability to 
attain and maintain the NAAQS. Congress added section 176(c) (42 U.S.C. 
7506) to the CAA to ensure Federal agencies' proposed actions conform 
to the applicable SIP, Tribal Implementation Plan (TIP) or Federal 
Implementation Plan (FIP) for attaining and maintaining the NAAQS. That 
section requires Federal entities to find that the emissions from the 
Federal action will conform with the purposes of the SIP, TIP, or FIP, 
or not otherwise interfere with the State's or Tribe's ability to 
attain and maintain the NAAQS.
    The CAA Amendments of 1990 clarified and strengthened the

[[Page 12563]]

provisions in section 176(c). Because certain provisions of section 
176(c) apply only to highway and mass transit funding and approval 
actions, EPA published two set of regulations to implement section 
176(c). The Transportation Conformity Regulations (40 CFR 51, Subpart 
T, and 40 CFR 93, Subpart A), first published on November 24, 1993 (58 
FR 62188), address Federal actions related to highway and mass transit 
funding and approval actions. The General Conformity Regulations (40 
CFR 51, Subpart W, and 40 CFR 93, Subpart B), published on November 30, 
1993 (58 FR 63214), cover all other Federal actions. These two 
conformity regulations have been revised numerous times. Today's action 
focuses only on transportation conformity.
    When promulgated in 1993, the Federal transportation conformity 
rule at 40 CFR 51.395 mandated that the transportation conformity SIP 
revision incorporate several provisions \1\ of the rule in verbatim 
form, except in so far as needed to give effect to a stated intent to 
establish criteria and procedures more stringent than the requirements 
stated in these sections.
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    \1\ Specifically, those sections are: 51.392, 51.394, 51.398, 
51.400, 51.404, 51.410, 51.412, 51.414, 51.416, 51.418, 51.420, 
51.422, 51.424, 51.426, 51.428, 51.430, 51.432, 51.434, 51.436, 
51.438, 51.440, 51.442, 51.444, 51.446, 51,448, 51.450, 51.460, and 
51.462.
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B. What are the transportation conformity provisions of SAFETEA-LU?

    On August 10, 2005, SAFETEA-LU was signed into law streamlining the 
requirements for conformity SIPs. Prior to SAFETEA-LU being signed into 
law, states were required to address all of the Federal conformity 
rule's provisions in their conformity SIPs.
    Under SAFETEA-LU, states are required to address and tailor only 
three sections of the conformity rule in their conformity SIPs. These 
three sections of the Federal rule which must meet a state's individual 
circumstances are: 40 CFR 93.105, which addresses consultation 
procedures; 40 CFR 93.122(a)(4)(ii), which requires that written 
commitments be obtained for control measures that are not included in a 
Metropolitan Planning Organization's transportation plan and 
transportation improvement program prior to a conformity determination, 
and that such commitments be fulfilled; and, 40 CFR 93.125(c) which 
requires that written commitments be obtained for mitigation measures 
prior to a project level conformity determination, and that project 
sponsors must comply with such commitments. In general, states are no 
longer required to submit conformity SIP revisions that address the 
other sections of the conformity rule. This provision took effect on 
August 10, 2005, when SAFETEA-LU was signed into law.

II. Rhode Island's SIP Revision

    On February 21, 2014, the Rhode Island Department of Environmental 
Management (RI DEM) submitted a SIP revision to EPA. This SIP revision 
includes Rhode Island's Air Pollution Control Regulation No. 49, 
``Transportation Conformity.'' The stated purpose of this regulation is 
to fulfill the requirement to establish a SIP revision that addresses 
the three sections of the Federal transportation conformity rule 
discussed above.

III. EPA's Evaluation of Rhode Island's SIP Revision

    We have reviewed Rhode Island's SIP submittal to ensure consistency 
with the Clean Air Act, as amended by SAFETEA-LU, and EPA regulations 
governing state procedures for transportation conformity and 
interagency consultation (40 CFR part 93, subpart A and 40 CFR 51.390) 
and have concluded that the SIP submittal is approvable. Specifically, 
Rhode Island's Regulation No. 49, ``Transportation Conformity,'' 
adequately addresses the three sections of the Federal transportation 
conformity rule discussed above (consultation procedures, written 
commitments for control measures and mitigation measures, and project 
sponsors' compliance with such commitments).
    In addition, Rhode Island's February 21, 2014 SIP revision meets 
the requirements set forth in section 110 of the CAA with respect to 
adoption and submission of SIP revisions. The approval of Rhode 
Island's transportation conformity SIP revision will strengthen the 
Rhode Island SIP and will assist the state in complying with the 
Federal NAAQS. Therefore, EPA is approving Rhode Island's 
transportation conformity SIP revision to comply with the most recent 
Federal transportation conformity requirements.

IV. Final Action

    EPA is approving, and incorporating into the Rhode Island SIP, 
Rhode Island's Air Pollution Control Regulation No. 49, 
``Transportation Conformity.''
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective May 11, 
2015 without further notice unless the Agency receives relevant adverse 
comments by April 9, 2015.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on May 11, 2015 and no further action will be 
taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

V. Statutory and Executive Order Reviews

    Under the 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, 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 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

[[Page 12564]]

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 EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the 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 May 11, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 4, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
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 OO--Rhode Island

0
2. In Sec.  52.2070 the table in paragraph (c) is amended by adding a 
new entry entitled ``Air Pollution Control Regulation 49'' after the 
entry for ``Air Pollution Control Regulation 45'' to read as follows:


Sec.  52.2070  Identification of plan.

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    (c) EPA Approved regulations.

                                      EPA-Approved Rhode Island Regulations
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                                                               State
          State citation                Title/subject     effective date    EPA approval date     Explanations
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                                                  * * * * * * *
Air Pollution Control Regulation    Transportation            10/20/2011  3/10/2015 [Insert
 49.                                 Conformity.                           Federal Register
                                                                           citation].
 
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[FR Doc. 2015-05260 Filed 3-9-15; 8:45 am]
 BILLING CODE 6560-50-P


