[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Rules and Regulations]
[Pages 18423-18426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06425]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0769; FRL-10576-02-R4]


Air Plan Approval; NC; Transportation Conformity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of North 
Carolina, through the North Carolina Department of Environmental 
Quality (DEQ), Division of Air Quality (DAQ) on September 24, 2021. The 
SIP revisions replace previously approved memoranda of agreement (MOAs) 
with thirteen updated MOAs outlining transportation conformity criteria 
and procedures related to interagency consultation, conflict 
resolution, public participation, and enforceability of certain 
transportation-related control and mitigation measures. EPA is 
approving North Carolina's September 24, 2021, SIP revisions as they 
are consistent with the applicable provisions of the Clean Air Act (CAA 
or Act).

DATES: This rule is effective April 28, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification EPA-R04-OAR-2021-0769. All documents in the docket are 
listed on the regulations.gov website. Although listed in the index, 
some information may not be publicly available, i.e., Confidential 
Business Information 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 through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that, if possible, you contact the person 
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 Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9222 Ms. Sheckler can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    As described in a notice of proposed rulemaking (NPRM) published on 
February 7, 2023 (88 FR 7903), CAA section 176(c)(4)(E) and 40 CFR 
51.390(b) require states to develop conformity SIPs that address three 
specific provisions of federal regulations. First, EPA's transportation 
conformity rule requires states to develop their own processes and 
procedures which meet the criteria in 40 CFR 93.105 for interagency 
consultation and resolution of conflicts among the federal, state, and 
local agencies. The SIP revision must include processes and procedures 
to be followed by the metropolitan planning organization (MPO), state 
Department of Transportation (DOT), and the United States Department of 
Transportation (USDOT) in consultation with the state and local air 
quality agencies and EPA before making conformity determinations. The 
conformity SIP revision must also include processes and procedures for 
the state and local air quality agencies and EPA to coordinate the 
development of applicable SIPs with MPOs, state DOTs and the USDOT.
    States may choose to develop, in place of regulations, an MOA which 
establishes the roles and procedures for transportation conformity. The 
MOA includes the detailed consultation procedures developed for that 
particular area. The MOAs are enforceable through the signature of all 
the transportation and air quality agencies, including the USDOT's 
Federal Highway Administration, USDOT's Federal Transit Administration, 
and EPA.
    North Carolina's September 24, 2021, conformity SIP revisions add 
new interagency partners and MPOs, establish new procedures for 
interagency consultation, dispute resolution, public participation and 
enforceability of certain transportation-

[[Page 18424]]

related control measures and mitigation measures, and supersede the 
MOAs incorporated into the SIP on December 26, 2013. The list of MPOs 
for which North Carolina has established MOAs in the September 24, 
2021, submission, include Burlington-Graham MPO, Cabarrus-Rowan MPO, 
Charlotte Regional Transportation Planning Organization, Durham-Chapel 
Hill-Carrboro MPO, Gaston-Cleveland-Lincoln MPO, Greater Hickory MPO, 
Greensboro Urban Area MPO, High Point Urban Area MPO, North Carolina 
Capital Area MPO, Rocky Mount Urban Area MPO, the Great Smoky Mountains 
National Park (NPS), and Rural Area (NC DOT).
    Table 1, below, identifies the applicable national ambient air 
quality standards (NAAQS) for which each planning agency is required to 
implement transportation conformity, and therefore, establish 
interagency consultation procedures. As stated above, the MOAs are the 
documents which establish each area's interagency consultation 
procedures.

 Table 1--MOA Administrators and the Applicable NAAQS for Transportation
                               Conformity
------------------------------------------------------------------------
         MOA administrator                    Applicable NAAQS
------------------------------------------------------------------------
Burlington-Graham MPO.............  1997 8-hour ozone and 1997 annual
                                     fine particulate matter (PM2.5)
                                     NAAQS.
Cabarrus-Rowan MPO................  1997 8-hour ozone, 2008 8-hour
                                     ozone, and 2015 8-hour ozone NAAQS.
Charlotte Regional Transportation   1971 carbon monoxide (CO), 1997 8-
 Planning Organization.              hour ozone, and 2008 8-hour ozone
                                     NAAQS.
Durham-Chapel Hill-Carrboro MPO...  1971 CO and 1997 8-hour ozone NAAQS.
Gaston-Cleveland-Lincoln MPO......  1997 8-hour ozone and 2008 8-hour
                                     ozone NAAQS.
Greater Hickory MPO...............  1997 annual PM2.5 NAAQS.
Greensboro Urban Area MPO.........  1997 annual PM2.5 NAAQS.
High Point Urban Area MPO.........  1971 CO and 1997 annual PM2.5 NAAQS.
North Carolina Capital Area MPO...  1971 CO and 1997 8-hour ozone NAAQS.
Rocky Mount Urban Area MPO........  1997 8-hour ozone NAAQS.
Winston-Salem-Forsyth Urban Area    1971 CO and 1997 annual PM2.5 NAAQS.
 MPO.
Rural (counties not covered by      1997 8-hour ozone NAAQS.
 MPO, administered by NC DOT) \1\.
Great Smoky Mountains National      1997 8-hour ozone NAAQS.
 Park (administered by NPS).
------------------------------------------------------------------------
\1\ Person County is the only county subject to transportation
  conformity requirements per the 1997 8-hour ozone NAAQS that does not
  have an MPO responsible for it.

    In the February 7, 2023, NPRM, EPA proposed to approve updated MOAs 
for thirteen counties in North Carolina. The changes to the MOAs 
provide for updates to roles and responsibilities as they relate to 
transportation conformity. The details of North Carolina's submission 
and the rationale for EPA's action are explained further in the 
February 7, 2023, NPRM. Comments on the February 7, 2023, NPRM were due 
on or before March 9, 2023. No adverse comments were received.

II. Final Actions

    EPA is approving the aforementioned changes to the North Carolina 
SIP. Specifically, EPA is approving the replacement of previously 
approved MOAs with thirteen updated MOAs for the Burlington-Graham MPO, 
Cabarrus-Rowan MPO, Charlotte Regional Transportation Planning 
Organization, Durham-Chapel Hill-Carrboro MPO, Gaston-Cleveland-Lincoln 
MPO, Greater Hickory MPO, Greensboro Urban Area MPO, High Point Urban 
Area MPO, North Carolina Capital Area MPO, Rocky Mount Urban Area MPO, 
the Great Smoky Mountains National Park (NPS), and Rural Area (NC DOT); 
outlining transportation conformity criteria and procedures related to 
interagency consultation; conflict resolution; public participation; 
and enforceability of certain transportation-related control and 
mitigation measures. This action also establishes consultation 
procedures and mitigation measures in the State of North Carolina. EPA 
is approving these actions because are consistent with section 110 and 
176 of the CAA and will not interfere with any applicable requirement 
concerning attainment and reasonable further progress or any other 
applicable requirement of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 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 they meet the criteria of the CAA. These actions merely 
approve state law as meeting Federal requirements and do not impose 
additional requirements beyond those imposed by state law. For that 
reason, these actions:
     Are not significant regulatory actions 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);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having significant economic impacts 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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 CAA; and
     Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible

[[Page 18425]]

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 these actions 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. These actions are not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 May 30, 2023. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of these actions 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. These actions 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: March 22, 2023.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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 II--North Carolina

0
2. In Sec.  52.1770, amend the table in paragraph (e) by adding entries 
for the following at the end of the table:
0
a. Burlington-Graham Interagency Transportation Conformity Memorandum 
of Agreement;
0
b. Cabarrus-Rowan Interagency Transportation Conformity Memorandum of 
Agreement;
0
c. Charlotte Regional Interagency Transportation Conformity Memorandum 
of Agreement;
0
d. Durham-Chapel Hill-Carrboro Interagency Transportation Conformity 
Memorandum of Agreement;
0
e. Gaston-Cleveland-Lincoln Interagency Transportation Conformity 
Memorandum of Agreement;
0
f. Greater Hickory Interagency Transportation Conformity Memorandum of 
Agreement;
0
g. Greensboro Urban Area Interagency Transportation Conformity 
Memorandum of Agreement;
0
h. High Point Urban Area Interagency Transportation Conformity 
Memorandum of Agreement;
0
i. North Carolina Capital Area Interagency Transportation Conformity 
Memorandum of Agreement;
0
j. Rocky Mount Urban Area Interagency Transportation Conformity 
Memorandum of Agreement;
0
k. Winston-Salem-Forsyth Urban Area Interagency Transportation 
Conformity Memorandum of Agreement;
0
l. Rural (counties not covered by MPO, administered by North Carolina 
DOT) Interagency Transportation Conformity Memorandum of Agreement;
0
m. Great Smoky Mountains National Park (administered by NPS) 
Interagency Transportation Conformity Memorandum of Agreement.
    The additions read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
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                                        State       EPA approval     Federal Register
            Provision              effective date       date             citation              Explanation
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                                                  * * * * * * *
Burlington-Graham Interagency           1/30/2023       3/29/2023  [Insert Federal
 Transportation Conformity                                          Register citation].
 Memorandum of Agreement.
Cabarrus-Rowan Interagency              1/20/2023       3/29/2023  [Insert Federal
 Transportation Conformity                                          Register citation].
 Memorandum of Agreement.
Charlotte Regional Interagency          1/30/2023       3/29/2023  [Insert Federal
 Transportation Conformity                                          Register citation].
 Memorandum of Agreement.
Durham-Chapel Hill-Carrboro             1/30/2023       3/29/2023  [Insert Federal
 Interagency Transportation                                         Register citation].
 Conformity Memorandum of
 Agreement.
Gaston-Cleveland-Lincoln                1/30/2023       3/29/2023  [Insert Federal
 Interagency Transportation                                         Register citation].
 Conformity Memorandum of
 Agreement.
Greater Hickory Interagency             1/30/2023       3/29/2023  [Insert Federal
 Transportation Conformity                                          Register citation].
 Memorandum of Agreement.
Greensboro Urban Area Interagency       1/27/2023       3/29/2023  [Insert Federal
 Transportation Conformity                                          Register citation].
 Memorandum of Agreement.
High Point Urban Area Interagency       1/27/2023       3/29/2023  [Insert Federal
 Transportation Conformity                                          Register citation].
 Memorandum of Agreement.
North Carolina Capital Area             1/27/2023       3/29/2023  [Insert Federal
 Interagency Transportation                                         Register citation].
 Conformity Memorandum of
 Agreement.
Rocky Mount Urban Area                  1/27/2023       3/29/2023  [Insert Federal
 Interagency Transportation                                         Register citation].
 Conformity Memorandum of
 Agreement.

[[Page 18426]]

 
Winston-Salem-Forsyth Urban Area        1/27/2023       3/29/2023  [Insert Federal
 Interagency Transportation                                         Register citation].
 Conformity Memorandum of
 Agreement.
Rural (counties not covered by          1/27/2023       3/29/2023  [Insert Federal
 MPO, administered by North                                         Register citation].
 Carolina DOT) Interagency
 Transportation Conformity
 Memorandum of Agreement.
Great Smoky Mountains National          1/30/2023       3/29/2023  [Insert Federal
 Park (administered by NPS)                                         Register citation].
 Interagency Transportation
 Conformity Memorandum of
 Agreement.
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[FR Doc. 2023-06425 Filed 3-28-23; 8:45 am]
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