Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Rules and Regulations 43943 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0119; FRL–9912–19– 

Region–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Latham Pool Adjusted Standard 

Correction 

In rule document 2014–16290 

appearing on pages 40673 through 

40675 in the issue of Monday, July 14, 

2014, make the following correction: 

1. On page 40673, in the second 

column, in the ‘‘DATES’’ section, the 

effective date listed on line two ‘‘August 

13, 2014’’ should read ‘‘September 12, 

2014’’. 

[FR Doc. C1–2014–16290 Filed 7–28–14; 8:45 am] 

BILLING CODE 1505–05–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0072; FRL–9913–62– 

OAR] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Section 110(a)(2) 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards 

Correction 

In rule document 2014–16556 

appearing on pages 41437 through 

41438 in the issue of Wednesday, July 

16, 2014 the subject line is corrected to 

appear as set forth above. 

[FR Doc. C1–2014–16556 Filed 7–28–14; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2014–0238; FRL–9913–73- 

Region–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

York State; Transportation Conformity 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the New 

York State Implementation Plan (SIP). 

The revision establishes transportation 

conformity regulations for the State of 

New York. EPA is approving this 

revision in accordance with the 

requirements of the Clean Air Act. 

DATES: This rule is effective on 

September 29, 2014 without further 

notice, unless EPA receives adverse 

written comment by August 28, 2014. If 

EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2014–0238 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: Ruvo.Richard@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0238, 

Richard Ruvo, Air Programs Branch, 

U.S. Environmental Protection Agency, 

Region II, 290 Broadway, New York, NY 

10007. 

D. Hand Delivery: At the previouslylisted EPA Region II address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–OAR–2014– 

0238. 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 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 in www.regulations.gov or 

in hard copy during normal business 

hours at the Clean Air and 

Sustainability Division, U.S. 

Environmental Protection Agency, 

Region II, 290 Broadway, New York, NY 

10007. Copies of the State submittal are 

available at the New York State 

Department of the Environmental 

Conservation, Division of Air Resources, 

625 Broadway, Albany, New York 

12233. 

FOR FURTHER INFORMATION CONTACT: 

Melanie Zeman, (212) 637–4022, or by 

email at zeman.melanie@epa.gov 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. What Is Transportation Conformity? 

Transportation conformity is required 

under section 176(c) of the Clean Air 

Act to ensure that Federally supported 

highway, transit projects, and other 

activities are consistent with (conform 

to) the purpose of the SIP. Conformity 

currently applies to areas that are 

designated nonattainment, and those 

redesignated to attainment after 1990 

(maintenance areas), with plans 

developed under section 175A of the 

Clean Air Act for the following 

transportation related criteria 

pollutants: Ozone, particulate matter 

(PM2.5 and PM10), carbon monoxide 

(CO), and nitrogen dioxide (NO2). 

Conformity for purposes of the SIP 

means that transportation activities will 

not cause new air quality violations, 

worsen existing violations, or delay 

timely attainment of the relevant 

national ambient air quality standards 

(NAAQS). The transportation 

conformity regulation is found in 40 

CFR part 93 (‘‘Federal conformity rule’’) 

and provisions related to conformity 

SIPs are found in 40 CFR 51.390. 


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43944 Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Rules and Regulations 

II. What is the background for this 

action? 

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 certain 

provisions of section 176(c) of the Clean 

Air Act, related to transportation 

conformity. Prior to SAFETEA–LU, 

states were required to address all of the 

Federal conformity rule’s provisions in 

their conformity SIPs. After SAFETEA– 

LU amended CAA section 176(c)(4)(D) 

and EPA revised 40 CFR 51.390 to be 

consistent with those amendments, 

state’s SIPs were required to address 

only the following three sections of the 

Federal conformity rule, modified as 

appropriate to each state’s 

circumstances: 40 CFR 93.105 

(consultation procedures); 40 CFR 

93.122(a)(4)(ii) (written commitments to 

implement control measures that are not 

included in the transportation plan and 

transportation improvement program 

(TIP)); and 40 CFR 93.125(c) (written 

commitments to implement mitigation 

measures). States are no longer required 

to submit conformity SIP revisions that 

address the other sections of the Federal 

transportation conformity rule. 

III. What did the state submit and how 

did we evaluate it? 

On October 3, 2013, the New York 

State Department of Environmental 

Conservation submitted a revision to its 

State Implementation Plan (SIP), to EPA 

for transportation conformity 

amendments filed for adoption on 

August 14, 2013, and published in the 

New York State Register (I.D. No. ENV– 

16–13–0001–A) on September 4, 2013. 

The SIP revision included the repeal of 

the old Part 240, which was not 

included in the SIP, and replacement 

with a new Part 240, ‘‘Conformity to 

State or Federal Implementation Plans 

of Transportation Plans, Programs, and 

Projects Developed, Funded or 

Approved Under Title 23 U.S.C. or the 

Federal Transit Laws’’ and revisions to 

Part 200, ‘‘General Provisions’’ into Title 

6 of the Official Compilation of Codes, 

Rules, and Regulations of the State of 

New York (6 NYCRR). The Part 240 

revisions include cites to portions of the 

Federal statute and regulations that are 

incorporated by reference into Part 240. 

This SIP revision addresses the three 

provisions of the EPA Conformity Rule 

required by CAA section 176(c)(4)(D): 

40 CFR 93.105 (consultation 

procedures); 40 CFR 93.122(a)(4)(ii) 

(control measures); and 40 CFR 

93.125(c) (mitigation measures). 

We reviewed the submittals to assure 

consistency with the January 2009, 

‘‘Guidance for Implementing the 

Transportation Conformity State 

Implementation Plans (SIPs).’’ This 

review can be found in the technical 

support document that is part of the 

docket. The guidance document can be 

found at http://www.epa.gov/oms/

stateresources/transconf/policy/

420b09001.pdf. The guidance document 

states that each state is only required to 

address and tailor the three 

aforementioned sections of the Federal 

Conformity Rule to be included in their 

state conformity SIPs. EPA’s review of 

New York’s SIP Revision indicates that 

it is consistent with EPA’s guidance in 

that it includes the three 

aforementioned regulatory elements 

specified in CAA section 176(c)(4)(D). 

Consistent with the EPA Conformity 

Rule at 40 CFR 93.105 (consultation 

procedures), New York State Part 240– 

2 identifies the appropriate agencies, 

procedures, and allocation of 

responsibilities for consultation. 

Specifically, New York State Part 240– 

2.10 provides for appropriate public 

consultation/public involvement 

consistent with 40 CFR 93.105. 

With respect to the requirements of 40 

CFR 93.122(a)(4)(ii) and 40 CFR 

93.125(c), the proposed SIP specifies at 

6 NYCRR 240–3.1 and 240–3.2, 

respectively, that written commitments 

to control measures that are not 

included in the transportation plan and 

TIP must be obtained prior to a 

conformity determination and must 

demonstrate assurance that they will be 

fulfilled, and that written commitments 

to mitigation measures must be obtained 

prior to a positive conformity 

determination, and the project sponsors 

must comply with such commitments. 

EPA is approving 6 NYCRR Part 240 

‘‘Conformity to State and Federal 

Implementation Plans of Transportation 

Plans, Programs, and Projects 

Developed, Funded or Approved Under 

Title 23 U.S.C. or the Federal Transit 

Laws,’’ that was published in the New 

York State Register and became effective 

on September 13, 2013. 

IV. Final Action 

EPA is approving the New York SIP 

revisions for Transportation Conformity, 

which were submitted on October 3, 

2013. EPA is publishing this rule 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the Proposed 

Rules section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on September 29, 2014 without 

further notice unless EPA receives 

adverse comment by August 28, 2014. If 

EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must 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. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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); 


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Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Rules and Regulations 43945 

• 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not 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 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 29, 2014. 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. 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, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Oxides of 

nitrogen, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: June 25, 2014. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart HH—New York 

■ 2. In § 52.1670 the table in paragraph 

(c) is amended by adding in numeric 

order an entry for Title 6, Part 240 and 

adding subtitles, Subparts 240–1, 240–2 

and 240–3, to read as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS

New York State regulation State 

effective date Latest EPA approval date Comments 

Title 6: 

* * * * * * * 

Part 240, Conformity to State or Federal Implementation 

Plans of Transportation Plans, Programs and Projects Developed, Funded or Approved Under Title 23 U.S.C. or 

the Federal Transit Laws.

Subpart 240–1, Transportation Conformity General Provisions.9/13/13 7/29/14, [Insert FEDERAL REGISTER citation].

Subpart 240–2, Consultation .................................................. 9/13/13 7/29/14, [Insert FEDERAL REGISTER citation].

Subpart 240–3 Regional Transportation-Related Emissions 

and Enforceability.

9/13/13 7/29/14, [Insert FEDERAL REGISTER citation].

* * * * * * * 

* * * * * 

[FR Doc. 2014–17659 Filed 7–28–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2012–0895; A–1–FRL– 

9913–56–OAR] 

Approval and Promulgation of Air 

Quality Implementation Plans; Maine; 

Nitrogen Oxides Exemption Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a request 

from Maine for an exemption from the 

requirements for the control of nitrogen 

oxides (NOX) emissions contained in 

section 182(f) of the Clean Air Act (CAA 

or Act) in relation to the 2008 8-hour 

ozone national ambient air quality 

standards (standards or NAAQS). 

Maine’s request, dated October 13, 2012, 

is based on a technical demonstration 

submitted to EPA by Maine’s 

Department of Environmental Protection 

(ME DEP) showing that NOX emissions 

in Maine are not having a meaningful 

adverse impact on the ability of any 


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