
[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Rules and Regulations]               
[Page 29894-29897]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my10-7]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0320; FRL-9156-1]

 
Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Transportation Conformity Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
District of Columbia State Implementation Plan (SIP). The revisions 
establish general and transportation conformity regulations for the 
District of Columbia. EPA is approving these revisions in accordance 
with the requirements of the Clean Air Act.

DATES: This rule is effective on July 27, 2010 without further notice, 
unless EPA receives adverse written comment by June 28, 2010. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0320 by one of the following methods:
    A. http://www.regulations.gov, Follow the on-line instructions for 
submitting comments.
    B. E-mail: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2010-0320, Cristina Fernandez, Associate 
Director, Office of Air Planning Programs, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0320. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://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 information that you 
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail 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 
http://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 http://
www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at the District of Columbia District 
Department of the Environment, Air Quality Division, 51 N Street, NE., 
Fifth Floor, Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335, or by 
e-mail at kotsch.martin@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

SUPPLEMENTARY INFORMATION: 

I. What is transportation conformity?

    Transportation conformity is required under Section 176(c) of the 
Clean Air Act 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

[[Page 29895]]

national ambient air quality standards (NAAQS). The transportation 
conformity regulation is found in 40 CFR part 93 and provisions related 
to conformity SIPs are found in 40 CFR 51.390.

II. What is the background for this action?

    On August 10, 2005, the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) was signed 
into law. SAFETEA-LU revised certain provisions of section 176(c) of 
the Clean Air Act, related to transportation conformity. Prior to 
SAFETEA-LU, States were required to address all of the Federal 
conformity rule's provisions in their conformity SIPs. After SAFETEA-
LU, State's SIPs were required to contain all or portions of only the 
following three sections of the Federal rule, modified as appropriate 
to each State's circumstances: 40 CFR 93.105 (consultation procedures); 
40 CFR 93.122(a)(4)(ii) (written commitments to implement certain kind 
of control measures); and 40 CFR 93.125(c) (written commitments to 
implement certain kinds of mitigation measures). States are no longer 
required to submit conformity SIP revisions that address the other 
sections of the Federal conformity rule.

III. What did the state submit and how did we evaluate it?

    On January 26, 2010, the District of Columbia Department of the 
Environment submitted a revision to its SIP for general and 
transportation conformity regulations adopted on January 8, 2010. The 
portion of the SIP dealing with general conformity is strictly a 
recodification of its previously approved general conformity regulation 
from Chapter 4 of the District of Columbia Regulations (DCMR) to 
Chapter 15 and contains no substantial changes from its previous 
approval. The SIP revision section for transportation conformity 
addresses the three provisions of the EPA Conformity Rule required 
under SAFETEA-LU: 40 CFR 93.105 (consultation procedures); 40 CFR 
93.122(a)(4)(ii) (control measures), and 40 CFR 93.125(c) (mitigation 
measures).
    We reviewed the submittals to assure consistency with the February 
14, 2006 ``Interim Guidance for Implementing the Transportation 
Conformity provisions in the SAFETEA-LU.'' The guidance document can be 
found at http://epa.gov/otaq/stateresources/transconf/policy.htm. The 
guidance document states that each State is only required to address 
and tailor the afore-mentioned three sections of the Federal Conformity 
Rule to be included in their State conformity SIPs. EPA's review of the 
District of Columbia's proposed SIP revision indicates that it is 
consistent with EPA's guidance in that it includes the three elements 
specified by SAFETEA-LU. Consistent with the EPA Conformity Rule at 40 
CFR 93.105 (consultation procedures), Title 20, DCRM Chapter 15, 
Sections 1503, 1504, and 1505 identifies the appropriate agencies, 
procedures and allocation of responsibilities. In addition, Title 20, 
DCMR Chapter 15, Section 1506 provides for appropriate, public 
consultation/public involvement consistent with 40 CFR 93.105. With 
respect to the requirements of 40 CFR 93.122(a)(4)(ii) and 40 CFR 
93.125(c), the Title 20, DCRM Chapter 15, Section 1509 of the 
regulation specifies that written commitments for control measures and 
mitigation measures for meeting these requirements will be provided as 
needed.

IV. Final Action

    EPA is approving the District of Columbia SIP revisions for general 
and transportation conformity, without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. However, in the Proposed Rules section of today's 
Federal Register, EPA is publishing a separate document that will serve 
as the proposal to approve the SIP revision if adverse comments are 
filed. This rule will be effective on July 27, 2010 without further 
notice unless EPA receives adverse comment by June 28, 2010. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. 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

A. General Requirements

    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 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 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the 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, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small

[[Page 29896]]

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).

C. Petitions for Judicial Review

    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 July 27, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this final rule 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 to approve the District of Columbia transportation 
conformity regulations 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, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: May 17, 2010.
William C. Early,
Acting Regional Administrator, Region III.


0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart J--District of Columbia

0
2. In Sec.  52.470, the table in paragraph (c) is amended by removing 
the existing entry for Chapter 4, Section 403 and adding a new entry 
for Chapter 15. The amendments read as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved District of Columbia Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
          State citation              Title/subject     effective      EPA approval date          Additional
                                                           date                                  explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
            Chapter 15             General and Transportation Conformity
----------------------------------------------------------------------------------------------------------------
Section 1500.....................  General Conformity--    1/8/10  5/28/10 [Insert page      New Regulation.
                                    Purpose.                        number where the
                                                                    document begins].
Section 1501.....................  General Conformity--    1/8/10  5/28/10 [Insert page      New Regulation.
                                    Requirements.                   number where the
                                                                    document begins].
Section 1502.....................  Transportation          1/8/10  5/28/10 [Insert page      New Regulation.
                                    Conformity--Purpos              number where the
                                    e.                              document begins].
Section 1503.....................  Transportation          1/8/10  5/28/10 [Insert page      New Regulation.
                                    Conformity--Consul              number where the
                                    tation Process.                 document begins].
Section 1504.....................  Transportation          1/8/10  5/28/10 [Insert page      New Regulation.
                                    Conformity--Intera              number where the
                                    gency Consultation              document begins].
                                    Requirements.
Section 1505.....................  Transportation          1/8/10  5/28/10 [Insert page      New Regulation.
                                    Conformity--Confli              number where the
                                    ct Resolution                   document begins].
                                    Associated With
                                    Conformity
                                    Determinations.
Section 1506.....................  Transportation          1/8/10  5/28/10 [Insert page      New Regulation.
                                    Conformity--Public              number where the
                                    Consultation                    document begins].
                                    Procedures.
Section 1507.....................  Transportation          1/8/10  5/28/10 [Insert page      New Regulation.
                                    Conformity--Intera              number where the
                                    gency Consultation              document begins].
                                    Procedures.
Section 1508.....................  Transportation          1/8/10  5/28/10 [Insert page      New Regulation.
                                    Conformity--Proced              number where the
                                    ures for                        document begins].
                                    Determining
                                    Regional
                                    Transportation-
                                    Related Emissions.
Section 1509.....................  Transportation          1/8/10  5/28/10 [Insert page      New Regulation.
                                    Conformity--Enforc              number where the
                                    eability of Design              document begins].
                                    Concept and Scope
                                    and Project-Level
                                    Mitigation and
                                    Control Measures.

[[Page 29897]]


Section 1599.....................  Definitions........     1/8/10  5/28/10 [Insert page      New Regulation.
                                                                    number where the
                                                                    document begins].

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[FR Doc. 2010-12929 Filed 5-27-10; 8:45 am]
BILLING CODE 6560-50-P

