[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11133-11136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04146]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0662; FRL-9923-45-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Transportation Conformity

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, under 
the Clean Air Act, a revision to Ohio's transportation conformity state 
implementation plan (SIP) that meets EPA and United States Department 
of Transportation (DOT) requirements. This revision brings Ohio's 
transportation conformity SIP into compliance with the requirements of 
the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy 
for Users (SAFETEA-LU).

DATES: This direct final rule will be effective May 1, 2015, unless EPA 
receives adverse comments by April 1, 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 No. EPA-R05-
OAR-2014-0662, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    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-
2014-0662. EPA's policy is that all comments received will be included 
in the public docket without change and may be

[[Page 11134]]

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 Anthony Maietta, Environmental 
Protection Specialist, at (312) 353-8777 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[email protected].

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 the state's submittal?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.

I. What is the background for this action?

    A transportation conformity SIP can be adopted as a state rule, a 
memorandum of understanding, or a memorandum of agreement. The 
appropriate form of the state transportation conformity procedures 
depends upon the requirements of local or state law, as long as the 
selected form complies with all Clean Air Act requirements for 
adoption, submission to EPA, and implementation of SIPs. EPA will 
accept state transportation 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.
    The Ohio Environmental Protection Agency (Ohio EPA) collaborated 
with the Akron Metropolitan Area Transportation Study, the Clark 
County-Springfield Transportation Coordinating Committee, the Eastgate 
Regional Council of Governments, EPA, the Erie Regional Planning 
Commission, the Federal Highway Administration (FHWA), the Federal 
Transit Administration (FTA), the Indiana Department of Environmental 
Management, the Indiana Department of Transportation, the Kentucky-
Ohio-West Virginia Interstate Planning Commission, the Ohio-Kentucky-
Indiana Regional Council of Governments, the Ohio Department of 
Transportation, the Licking County Area Transportation Study, the Lima-
Allen County Regional Planning Commission, the Miami Valley Regional 
Planning Commission, the Mid-Ohio Regional Planning Commission, the 
Northeast Ohio Areawide Coordinating Agency, the Toledo Metropolitan 
Area Council of Governments, the West Virginia Department of 
Environmental Protection, and the West Virginia Department of 
Transportation (the agencies listed in this paragraph are referenced as 
``Federal, state, and local agencies'' throughout this document) to 
develop a transportation conformity SIP revision that meets EPA and DOT 
transportation conformity requirements resulting from passage of 
SAFETEA-LU.
    On August 20, 2014, the Ohio EPA submitted a request to EPA to 
revise the Ohio transportation conformity SIP to include procedures, 
roles, and responsibilities for involved Federal, state agencies, and 
local agencies that must conduct transportation conformity planning and 
consultation.

II. What is EPA's analysis of the state's submittal?

A. Background

    For EPA approval, the submittal must address and give full legal 
effect to requirements laid out in three sections of title 40, part 93, 
subpart A of the Code of Federal Regulations: Sec.  93.105, Sec.  
93.122(a)(4)(ii), and Sec.  93.125(c).
40 CFR 93.105: Consultation
    Section 93.105 describes SIP requirements for interagency 
consultation (between Federal, state, and local agencies), conflict 
resolution, and public consultation. A transportation conformity SIP 
must include well defined interagency consultation procedures that 
define the roles and responsibilities for each participating agency. 
These consultation procedures must include provisions for circulating 
materials for comment before formal adoption, processes for convening 
consultation meetings, and processes for responding to significant 
comments of involved agencies. In addition, procedures for involved 
Federal, state, and local agencies must be included that address:
     Evaluation and selection of an emissions model and 
associated methods and assumptions to be used in hot-spot and regional 
emissions analyses, including determining which minor arterials and 
other transportation projects should be considered regionally 
significant for purposes of regional emissions analyses.
     Evaluation and selection of an emissions model, associated 
methods and assumptions, and projects to be included in determining 
conformity in isolated rural nonattainment and maintenance areas.
     Evaluation of events that will trigger new conformity 
determinations.
     Consultation on emissions analyses for transportation 
activities that cross metropolitan planning organization (MPO), 
nonattainment area, or air basin borders.
     Determination of conformity of projects that might lie 
outside of a metropolitan planning area, but within a nonattainment 
area, if such a situation exists.
     Disclosure of any regionally significant projects which 
are not FHWA or FTA projects to the MPO on a regular basis.
     Interagency consultation on data collection efforts and 
regional

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transportation model development by the MPO.
     Provision of final documentation and supporting 
information to each agency after approval or adoption.
     Resolution of conflicts among state agencies or between 
state agencies and an MPO.
     Public consultation for affected agencies that make 
conformity determinations on transportation plans, programs, and 
projects consistent with the public consultation requirements listed in 
23 CFR 450.316(a).
The Regulations at 40 CFR 93.122(a)(4)(ii) and 40 CFR 93.125(c): 
Written Commitments for Control and Mitigation Measures
    The regulation at 40 CFR 93.122(a)(4)(ii) provides that a 
transportation conformity SIP must contain provisions to ensure that 
any emission reduction credits from control measures that are not 
included in the SIP and that do not require a regulatory action in 
order to be implemented will not be included in a project level 
conformity determination unless the National Environmental Policy Act 
document includes written commitments from the appropriate entities to 
implement those control measures. These written commitments must be 
obtained by the initiating party prior to a conformity determination 
and the written commitments must be addressed by the initiating party.
    The regulation at 40 CFR 93.125(c) provides that a transportation 
conformity SIP must contain provisions that ensure project-level 
mitigation measures will be identified with written commitments if 
those mitigation measures are part of the conditions for making the 
project level conformity determination. The commitments must be 
included in the project design and scope used in the regional emissions 
analysis or project-level hot-spot analysis.
    The transportation conformity SIP revision submitted by the Ohio 
EPA on August 20, 2014, meets the requirements of 40 CFR 93.105, 
93.122(a)(4)(ii), and 93.125(c) and therefore is approvable into the 
Ohio SIP.

III. What action is EPA taking?

    EPA is approving a revision to Ohio's transportation conformity SIP 
submitted by Ohio EPA on August 20, 2014. 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 May 1, 2015 without further notice unless we receive relevant 
adverse written comments by April 1, 2015. 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 May 1, 
2015.

IV. 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 Clean Air 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 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.
    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 1, 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

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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, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: February 12, 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 52.1880 is amended by adding paragraph (u) to read as 
follows:


Sec.  52.1880  Control strategy; Particulate matter.

* * * * *
    (u) Approval--On August 20, 2014, the State of Ohio 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.
0
3. Section 52.1885 is amended by adding paragraph (ll) to read as 
follows:


Sec.  52.1885  Control strategy; Ozone.

* * * * *
    (ll) Approval--On August 20, 2014, the State of Ohio submitted a 
revision to their Ozone 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. 2015-04146 Filed 2-27-15; 8:45 am]
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