Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations 76863 

Name of 

non-regulatory 

SIP revision 

Applicable geographic area 

State 

submittal 

date 

EPA Approval date Additional explanation 

*******

Negative Declaration for the Automobile and LightDuty Truck Assembly Coatings 

CTG.

Statewide ........................... 6/25/15 12/11/15 [Insert Federal Register 

citation].

[FR Doc. 2015–31203 Filed 12–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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. 


tkelley on DSK9F6TC42PROD with RULES
76864 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations 

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 


tkelley on DSK9F6TC42PROD with RULES
Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.1237 is amended by 

adding paragraph (f) to read as follows: 

§ 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] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2015–0298; FRL–9939–66– 

Region 4] 

Air Plan Approval and Air Quality 

Designation; SC; Redesignation of the 

Charlotte-Rock Hill, 2008 8-Hour Ozone 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking three separate 

final actions related to a state 

implementation plan (SIP) revision 

submitted by the State of South 

Carolina, through the South Carolina 

Department of Health and 

Environmental Control (SC DHEC), on 

April 17, 2015. These final actions are 

for the York County, South Carolina 

portion of the bi-state Charlotte-Rock 

Hill, North Carolina-South Carolina 

2008 8-hour ozone national ambient air 

quality standards (NAAQS) 

nonattainment area (the entire area is 

hereinafter referred to as the ‘‘bi-State 

Charlotte Area’’ or ‘‘Area’’ and the 

South Carolina portion is hereinafter 

referred to as the ‘‘York County Area’’). 

In these three final actions, EPA 

determines that the bi-state Charlotte 

Area is continuing to attain the 2008 8- 

hour ozone NAAQS; approves and 

incorporates South Carolina’s plan for 

maintaining attainment of the 2008 8- 

hour ozone standard in the York County 

Area, including the 2014 and 2026 

motor vehicle emission budgets 

(MVEBs) for nitrogen oxides (NOX) and 

volatile organic compounds (VOC) for 

the York County Area, into the SIP; and 

redesignates the York County Area to 

attainment for the 2008 8-hour ozone 

NAAQS. Additionally, EPA finds the 

2014 and 2026 MVEBs for the York 

County Area adequate for the purposes 

of transportation conformity. 

DATES: This rule will be effective 

January 11, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0298. All documents in the docket 

are listed on the www.regulations.gov 

Web site. 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, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all 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 of the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mrs. 

Sheckler may be reached by phone at 

(404) 562–9992 or via electronic mail at 

sheckler.kelly@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background for Final Actions 

On May 21, 2012 (77 FR 30088), EPA 

designated areas as unclassifiable/

attainment or nonattainment for the 

2008 8-hour ozone NAAQS that was 

promulgated on March 27, 2008 (73 FR 


tkelley on DSK9F6TC42PROD with RULES