
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Rules and Regulations]
[Pages 76863-76865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31075]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0563; FRL-9939-80-Region 5]


Air Plan Approval; Minnesota; Transportation Conformity 
Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision for carbon monoxide (CO), submitted 
by the State of Minnesota on July 16, 2015. The purpose of this 
revision is to establish transportation conformity criteria and 
procedures related to interagency consultation, and enforceability of 
certain transportation related control and mitigation measures.

DATES: This direct final rule will be effective February 9, 2016, 
unless EPA receives adverse comments by January 11, 2016. 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 No. EPA-R05-
OAR-2015-0563, by one of the following methods:
    1. www.regulations.gov: Follow the on line instructions for 
submitting comments.
    2. Email: blakley.pamela@epa.gov.
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR 18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
Section, Air Programs Branch (AR 18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2015-0563. 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 information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. 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 docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Michael Leslie, Environmental Engineer, 
at (312) 353-6680 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR 18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, leslie.michael@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION 
section is arranged as follows:

I. What is the background for this action?
II. What is EPA's analysis of Minnesota's SIP revision?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    Transportation conformity is required under section 176(c) of the 
Clean Air Act (Act) to ensure that transportation planning activities 
are consistent with (``conform to'') air quality planning goals in 
nonattainment/maintenance areas. The transportation conformity 
regulation is found in 40 CFR 93 and provisions related to 
transportation conformity SIPs are found in 40 CFR 51.390. 
Transportation conformity applies to areas that are designated 
nonattainment or maintenance for the following transportation related 
criteria pollutants: Ozone, particulate matter, CO, and nitrogen 
dioxide. The Minneapolis-St. Paul area is currently maintenance for CO.

[[Page 76864]]

    EPA originally promulgated the Federal transportation conformity 
criteria and procedures (``Transportation Conformity Rule'') on 
November 24, 1993 (58 FR 62188). 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 
section 176(c) of the Act transportation conformity provisions. 
SAFETEA-LU streamlined the requirements for conformity SIPs. Under 
SAFETEA-LU, States are required to address and tailor only three 
sections of the rules in their conformity SIPs: 40 CFR 93.105, 40 CFR 
93.122(a)(4)(ii), and, 40 CFR 93.125(c). 40 CFR 93.105 addresses 
consultation procedures for conformity. 40 CFR 93.122(a)(4)(ii) and 40 
CFR 93.125(c), addresses written commitments from project implementers 
of transportation control measures. In general, states are no longer 
required to submit conformity SIP revisions that address the other 
sections of the conformity rule.

II. What is EPA's analysis of Minnesota's SIP revision?

    A conformity SIP can be adopted as a state rule, as a memorandum of 
understanding, or a memorandum of agreement (MOA). The appropriate form 
of the state conformity procedures depends upon the requirements of 
local or State law, as long as the selected form complies with all 
requirements used by the ACT for adoption, submission to EPA, and 
implementation of SIPs. EPA will accept state conformity SIPs in any 
form provided the state can demonstrate to EPA's satisfaction that, as 
a matter of state law, the state has adequate authority to compel 
compliance with the requirements of the conformity SIP.
    Minnesota concluded that this SIP revision in the form of a MOA 
will be enforceable through a number of Minnesota statutes. These 
statutes authorize state agencies to enter into legally binding 
cooperative contracts for the receipt or furnishing of services. In 
this case, these services relate to the transportation/air quality 
planning process in Minnesota. Minnesota collaborated with the 
Minnesota Department of Transportation (MNDOT), the EPA, the Federal 
Highway Administration (FHWA), the Federal Transit Administration 
(FTA), the Metropolitan Council, and the Metropolitan Interstate 
Council, to develop the Transportation Conformity MOA. This MOA was 
agreed upon and signed by all of the above consultation parties.
    EPA has evaluated this SIP submission and finds that the state has 
addressed the requirements of the Federal transportation conformity 
rule as described in 40 CFR 51.390 and 40 CFR part 93, subpart A. The 
transportation conformity rule requires the states to develop their own 
processes and procedures for interagency consultation and resolution of 
conflicts meeting the criteria in 40 CFR 93.105. The SIP revision 
includes processes and procedures to be followed by the Metropolitan 
Planning Organizations (MPOs), the Minnesota Department of 
Transportation (MNDOT), the FHWA and the FTA, in consultation with the 
state and local air quality agencies and EPA before making 
transportation conformity determinations. Minnesota's transportation 
conformity SIP also included processes and procedures for the state and 
local air quality agencies and EPA to coordinate the development of 
applicable SIPs with the MPOs, the state Department of Transportation 
(DOT), and the U.S. DOT, and requires written commitments to control 
measures and mitigation measures (40 CFR 93.122(a)(4)(ii) and 
93.125(c)).
    EPA's review of the Minnesota SIP revision indicates that it is 
consistent with the Act as amended by SAFETEA-LU and EPA regulations 
(40 CFR part 93 subpart A and 40 CFR 51.390) governing state procedures 
for transportation conformity and interagency consultation and 
therefore EPA has concluded that the submittal is approvable.

III. What action is EPA taking?

    EPA is approving a SIP revision submitted by the State of 
Minnesota, for the purpose of establishing transportation conformity 
criteria and procedures related to interagency consultation, and 
enforceable commitments to implement transportation related control and 
mitigation measures.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective February 9, 
2016 without further notice unless we receive relevant adverse written 
comments by January 11, 2016. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should 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. 
If we do not receive any comments, this action will be effective 
February 9, 2016.

IV. Statutory and Executive Order Reviews

    Under the 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 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 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 Act; and
     Does not provide EPA with the discretionary authority to 
address, as

[[Page 76865]]

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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 9, 2016. 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.

    Dated: November 23, 2015.
Susan Hedman,
Regional Administrator, Region 5.

    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.


0
2. Section 52.1237 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.1237  Control strategy: Carbon monoxide.

* * * * *
    (f) Approval--On July 16, 2015, the State of Minnesota submitted a 
revision to their Particulate Matter State Implementation Plan. The 
submittal establishes transportation conformity criteria and procedures 
related to interagency consultation, and the enforceability of certain 
transportation related control and mitigation measures.

[FR Doc. 2015-31075 Filed 12-10-15; 8:45 am]
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