
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Rules and Regulations]
[Pages 17134-17136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07029]



[[Page 17134]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0705; FRL-9960-81-Region 5]


Air Plan Approval; Michigan; 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) and 
particulate matter (PM2.5), submitted by the State of 
Michigan on October 3, 2016. 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 is effective June 9, 2017, unless EPA 
receives adverse comments by May 10, 2017. 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-2016-0705 at http://www.regulations.gov or via email to 
blakley.pamela@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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 Michigan'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 part 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 transportation related criteria 
pollutants listed in 40 CFR 93.102(b)(1). Michigan currently has 
maintenance areas for CO and PM2.5.
    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 Michigan'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.
    Michigan concluded that this SIP revision in the form of a MOA will 
be enforceable through a number of Michigan 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 Michigan. Michigan collaborated with the Michigan Department 
of Transportation (MDOT), the EPA, the Federal Highway Administration 
(FHWA), the Federal Transit Administration (FTA), and the Southeast 
Michigan Council of Governments, 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 Organization (MPO), MDOT, the FHWA and the FTA, in 
consultation with the state and local air quality agencies and EPA 
before making transportation conformity determinations. Michigan'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)).

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    EPA's review of the Michigan 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 Michigan, 
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 June 9, 2017 
without further notice unless we receive relevant adverse written 
comments by May 10, 2017. 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 June 9, 2017.

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 (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 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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 9, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. 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 this 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, Particulate matter, Intergovernmental 
relations.

    Dated: March 17, 2017.
Robert A. Kaplan,
Acting 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 52.1173 is amended by adding paragraph (l) to read as 
follows:


Sec.  52.1173  Control strategy: Particulates.

* * * * *
    (l) Approval--On October 3, 2016, the State of Michigan submitted a 
revision to their Particulate Matter State Implementation Plan. The 
submittal established transportation conformity ``Conformity'' criteria 
and procedures related to interagency consultation, and enforceability 
of certain transportation related control and mitigation measures.

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0
3. Section 52.1179 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.1179  Control strategy: Carbon monoxide.

* * * * *
    (c) Approval--On October 3, 2016, the State of Michigan submitted a 
revision to their Carbon Monoxide State Implementation Plan. The 
submittal established transportation conformity ``Conformity'' criteria 
and procedures related to interagency consultation, and enforceability 
of certain transportation related control and mitigation measures.

[FR Doc. 2017-07029 Filed 4-7-17; 8:45 am]
 BILLING CODE 6560-50-P


