38838 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 

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, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Regional haze, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: July 24, 2017. 

Deborah A. Szaro, 

Acting Regional Administrator, EPA New 

England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations 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. 

Subpart UU—Vermont 

■ 2. In § 52.2370, the table in paragraph 

(e) is amended by adding the entry 

‘‘Vermont Regional Haze Five-Year 

Progress Report’’ at the end of the table 

to read as follows: 

§ 52.2370 Identification of plan. 

* * * * * 

(e) * * * 

VERMONT NON-REGULATORY

Name of non-regulatory SIP provision Applicable geographic 

or nonattainment area 

State submittal date/ 

effective date EPA approval date Explanation 

*******

Vermont Regional Haze Five-Year 

Progress Report.

Statewide ...................... Submitted 2/29/2016 ..... 8/16/2017, [insert Federal Register citation].

[FR Doc. 2017–17247 Filed 8–15–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0454; FRL–9966–41– 

Region 4] 

Air Plan Approval: North Carolina; 

Transportation Conformity 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a portion of 

a revision to the North Carolina State 

Implementation plan (SIP) submitted by 

the State of North Carolina on March 24, 

2006, for the purpose of clarifying the 

State’s transportation conformity rules 

consistent with Federal requirements. 

DATES: This direct final rule is effective 

October 16, 2017 without further notice, 

unless EPA receives adverse comment 

by September 15, 2017. 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 No. EPA–R04– 

OAR–2017–0454 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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, 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: 

Nacosta Ward, 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. The 

telephone number is (404) 562–9140. 

Ms. Ward can also be reached via 

electronic mail at ward.nacosta@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose 

A. Call to States for Conformity SIP 

Revisions 

In the Clean Air Act (CAA or Act), 

Congress recognized that actions taken 

by federal agencies could affect a State, 

Tribal, or local agency’s ability to attain 

and maintain the national ambient air 

quality standards (NAAQS). Congress 

added section 176(c) (42 U.S.C. 7506) to 

the CAA to ensure federal agencies’ 

proposed actions conform to the 

applicable SIP, Tribal Implementation 

Plan (TIP), or Federal Implementation 

Plan (FIP) for attaining and maintaining 

the NAAQS. That section requires 

federal entities to find that the 

emissions from the federal action will 

conform with the purposes of the SIP, 

TIP, or FIP or not otherwise interfere 

with the State’s or Tribe’s ability to 

attain and maintain the NAAQS. 

The CAA Amendments of 1990 

clarified and strengthened the 

provisions in section 176(c). Because 

certain provisions of section 176(c) 

apply only to highway and mass transit 

funding and approvals actions, EPA 

published two sets of regulations to 

implement section 176(c). The 

Transportation Conformity Regulations, 

(40 CFR part 51, subpart T, and 40 CFR 

part 93, subpart A) first published on 


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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 38839 

1On July 18, 2017, EPA took direct final action 

on 15A NCAC 2D Sections .0101, .0103, .0810, 

.1902, .1903 and 15A NCAC 2Q Sections .0103, 

.0105, .0304, .0305, and .0808. See 82 FR 32767. 

EPA will be taking separate action on 15A NCAC 

2D Section.1904 and 2Q Sections .0101 and .0301. 

EPA did not take action on 15A NCAC 2D Section 

.1201. because this rule pertains to incinerators and 

addresses emission guidelines under CAA sections 

111(d) and 129 and 40 CFR part 60 and is not a part 

of the federally-approved SIP. Regulation 15A 

NCAC 2D Section .1401 was withdrawn by NCDEQ 

on June 5, 2017. Regulation 15A NCAC 2Q Sections 

.0508 and 0523 were not acted on because these are 

title V rules and are not a part of the SIP. 

2Transportation conformity requirements do not 

apply in areas designated nonattainment (or 

considered as maintenance areas) for lead or sulfur 

dioxide, although these are primary standards. 

3 62 FR 27968 (May 22, 1997). 

November 24, 1993 (58 FR 62188), 

address federal actions related to 

highway and mass transit funding and 

approval actions. The conformity 

regulations have been revised numerous 

times since then. 

When promulgated in 1993, the 

Federal Transportation Conformity Rule 

at 40 CFR 51.395 mandated that the 

transportation conformity SIP revisions 

incorporate several provisions of the 

rule in verbatim form, except insofar as 

needed to give effect to a stated intent 

in the revision to establish criteria and 

procedures more stringent than the 

requirements stated in these sections. 

B. What is transportation conformity? 

Transportation conformity is required 

under section 176(c) of the CAA to 

ensure that federally-supported highway 

projects, transit projects, and other 

activities are consistent with (‘‘conform 

to’’) the purpose of the SIP. 

Transportation conformity currently 

applies to areas that are designated 

nonattainment, as well as those areas 

redesignated to attainment after 1990 

(maintenance areas), with plans 

developed under section 175A of the 

Act for the following transportation 

related pollutants: Ozone, particulate 

matter (PM2.5 and PM10), carbon 

monoxide, and nitrogen dioxide. 

Conformity to the purpose of the SIP 

means that transportation activities will 

not cause new air quality violations, 

worsen existing violations, or delay 

timely attainment of the relevant 

NAAQS. The transportation conformity 

regulation is found in 40 CFR part 93, 

subpart A and provisions related to 

conformity SIPs are found in 40 CFR 

51.390. 

C. Prior Approval of North Carolina 

Conformity SIP Revisions 

EPA has approved several revisions to 

the North Carolina SIP to incorporate 

transportation conformity requirements 

consistent with the Federal regulations. 

Initially, on December 27, 2002, EPA 

approved North Carolina’s SIP revision 

to address consultation requirements 

and procedures which included 

memoranda of agreements for areas in 

North Carolina. See 67 FR 78983. On 

September 15, 2003, EPA approved the 

Mecklenburg-Union Metropolitan 

Planning Organization interagency 

transportation conformity memorandum 

of agreement. See 68 FR 53883. EPA 

also approved an update to North 

Carolina’s transportation conformity 

requirements on December 26, 2013, to 

establish transportation conformity 

criteria and procedures related to 

interagency consultation, conflict 

resolution, public participation, and 

enforceability of certain transportation 

related control measures and mitigation 

measures. See 78 FR 78272. 

II. Analysis of State’s Submittal 

On March 24, 2006, the North 

Carolina Department of Environment 

and Natural Resources (now the North 

Carolina Department of Environmental 

Quality) submitted a SIP revision to 

EPA to clarify the applicability of the 

State’s transportation conformity rules. 

In this direct final rulemaking EPA is 

taking action to approve changes to 

regulation 15A NCAC Subchapter 2D, 

Section .2001, Purpose, Scope and 

Applicability. EPA has taken, will take, 

or, for various reasons, will not take 

separate action on all other revisions 

submitted on March 24, 2006.1

The State explained in its submission 

that North Carolina’s rule, as previously 

written, could be read in two ways. One 

way is that transportation conformity 

rules apply to areas identified as 

nonattainment or maintenance areas by 

EPA in the Code of Federal Regulations 

(CFR) or to areas listed in the rule. 

North Carolina explained the second 

way that their rule could be read is that 

transportation conformity rules apply 

only to areas identified as 

nonattainment or maintenance areas by 

the CFR and also identified in the rule. 

North Carolina explained that the 

State’s intent is to apply transportation 

conformity rules to areas identified as 

nonattainment or maintenance areas by 

EPA in the CFR or to areas listed in the 

rule. North Carolina also updated its 

rule to clarify a vague statement in their 

previous rule that read that 

transportation conformity rules apply to 

areas ‘‘not in compliance with the 

primary standard.’’ The State replaced 

this language with a more specific 

reference to ozone and PM2.5 standards. 

EPA has reviewed North Carolina’s 

transportation conformity rule changes 

to ensure consistency with Federal 

transportation conformity requirements 

at 40 CFR part 93, subpart A. North 

Carolina’s clarification that 

transportation conformity requirements 

apply to areas identified as 

nonattainment or maintenance areas by 

EPA in the CFR or to areas listed in the 

rule is consistent with the Federal 

transportation conformity requirements 

in that it does not require a change to 

the State’s rules in order for the 

requirements to apply. Pursuant to CAA 

section 176(c) transportation conformity 

requirements are applicable in relevant 

nonattainment and maintenance areas 

without a rule change by the State to be 

in effect. Thus, EPA is taking direct final 

action to approve the aforementioned 

change to North Carolina’s 

transportation conformity provisions as 

found at 15A NCAC 2D Section .2001. 

Additionally, EPA is proposing to 

approve North Carolina’s change in 

section (d) of 15A NCAC 2D Section 

.2001 to clarify the vague statement that 

transportation conformity requirements 

apply to apply to areas ‘‘not in 

compliance with the primary standard’’ 

by being more specific in identifying the 

applicable primary standards of PM2.5

and ozone. This change is consistent 

with Federal requirements that 

transportation conformity requirements 

do not apply in all areas ‘‘not in 

compliance with the primary standard’’ 

but only in nonattainment and 

maintenance areas for transportationrelated pollutants.2

III. Incorporation by Reference 

In this rule, EPA is taking direct final 

action to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of 15A NCAC Subchapter 

2D, Section .2001, Purpose, Scope and 

Applicability, effective November 10, 

2005, which incorporates by reference 

the Federal Transportation Conformity 

Rule that was restructured and amended 

on March 14, 2012 (77 FR 14979). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.3

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 4 Office 

(please contact the person identified in 


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38840 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 

the FOR FURTHER INFORMATION CONTACT

section of this preamble for more 

information). 

IV. Final Action 

Pursuant to section 110 of the CAA, 

EPA is approving the changes to the 

North Carolina SIP regarding the State’s 

transportation conformity requirements. 

The approval of North Carolina’s 

conformity SIP changes clarifies the 

State rules and is consistent with 

Federal transportation conformity 

requirements. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective October 16, 2017 

without further notice unless the 

Agency receives adverse comments by 

September 15, 2017. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All adverse comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on October 16, 

2017 and no further action will be taken 

on the proposed rule. 

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, the Agency may 

adopt as final those provisions of the 

rule that are not the subject of an 

adverse comment. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we 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 

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 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 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 CAA; 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). 

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 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 October 16, 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 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 7, 2017. 

V. Anne Heard 

Acting Regional Administrator, Region 4. 

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. 

Subpart II—North Carolina 

■ 2. In § 52.1770 (c), Table 1 is amended 

under Subchapter 2D Air Pollution 

Control Requirements by revising the 

entry for ‘‘Sect .2001’’ to read as follows: 


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§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Subchapter 2D Air Pollution Control Requirements 

Section .2000 Transportation Conformity 

Sect .2001 ............................... Purpose, Scope and Applicability.11/10/2005 8/16/2017, [Insert first page of 

publication].

* * * * * * * 

* * * * * 

[FR Doc. 2017–17251 Filed 8–15–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0436; FRL–9966–38– 

Region 4] 

Air Plan Approval; AL; VOC Definitions 

and Particulate Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: On May 19, 2017, the State of 

Alabama, through the Alabama 

Department of Environmental 

Management (ADEM), submitted 

changes to the Alabama State 

Implementation Plan (SIP). The 

Environmental Protection Agency (EPA) 

is taking direct final action to approve 

the submission. Specifically, the 

revision pertains to definitional 

changes, including the modification of 

the definition of ‘‘volatile organic 

compounds’’ (VOCs), correction of a 

typographical error, and removal of 

control of particulate emissions and 

opacity limits. EPA is taking direct final 

action to approve the SIP revision 

because the State has demonstrated that 

these changes are consistent with the 

Clean Air Act (CAA or Act). 

DATES: This direct final rule is effective 

October 16, 2017 without further notice, 

unless EPA receives adverse comment 

by September 15, 2017. If adverse 

comment is received, EPA 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 No. EPA–R04– 

OAR–2017–0436 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Richard Wong, 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. The 

telephone number is (404) 562–8726. 

Mr. Wong can be reached via electronic 

mail at wong.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In this rulemaking, EPA is approving 

changes to the Alabama SIP, submitted 

by the State on May 19, 2017. The 

submission revises ADEM Rule 335–3– 

1–.02—Definitions and Rule 335–3–4– 

.08—Wood Waste Boilers. This 

rulemaking revises the definition of 

VOCs, corrects a typographical error and 

removes particulate emission and 

opacity limits for Talladega County. 

II. EPA’s Analysis of Alabama’s SIP 

Revision 

A. Rule 335–3–1–.02—Definitions 

Tropospheric ozone, commonly 

known as smog, occurs when VOCs and 

nitrogen oxides (NOX) react with 

sunlight in the atmosphere. Because of 

the harmful health effects of ozone, EPA 

limits the amount of VOCs and NOX that 

can be released into the atmosphere. 

VOCs are those compounds of carbon 

(excluding carbon monoxide, carbon 

dioxide, carbonic acid, metallic carbides 

or carbonates, and ammonium 

carbonate) that participate in 

atmospheric photochemical reactions. 

Different VOCs have different levels of 

reactivity; they do not react at the same 

speed or form ozone to the same extent. 

EPA determines whether a given 

carbon compound has ‘‘negligible’’ 

reactivity by comparing the compound’s 

reactivity to the reactivity of ethane. It 

has been EPA’s policy that compounds 

of carbon with negligible reactivity need 

not be regulated to reduce ozone. See 42 

FR 35314, July 8, 1977. EPA lists these 

compounds in its regulations at 40 CFR 

51.100(s) and excludes them from the 

definition of VOC. The chemicals on 

this list are often called ‘‘negligibly 

reactive.’’ EPA may periodically revise 

the list of negligibly reactive 

compounds to add or delete 

compounds. 


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