Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 47383 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0174; FRL–9969–24– 

Region 4] 

Air Plan Approval: Alabama; 

Transportation Conformity 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a portion of 

a revision to the Alabama State 

Implementation plan (SIP) submitted by 

the State of Alabama on May 8, 2013, for 

the purpose of amending the 

transportation conformity rules to be 

consistent with Federal requirements. 

DATES: This rule is effective November 

13, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0174. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not 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, 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) 562–9222. 

Ms. Sheckler can also be reached via 

electronic mail at sheckler.kelly@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 8, 2013, the Alabama 

Department of Environmental 

Management submitted a SIP revision to 

EPA to make two changes to its 

transportation conformity requirements. 

First, the State changed its regulations at 

Alabama Administrative Code section 

335–3–17–.01, Transportation 

Conformity, to reflect the January 24, 

2008 (73 FR 4420) amendments to 40 

CFR part 93, subpart A, that address the 

2005 SAFETEA–LU. That change in 

Alabama’s regulation streamlines the 

State’s transportation conformity SIP to 

include only §§ 93.105, 93.122(a)(4)(ii) 

and 93.125(c), consistent with Federal 

requirements, and not the provisions of 

40 CFR part 93 in entirety. 

On March 14, 2012 (77 FR 14979), 

EPA finalized the rule entitled 

‘‘Transportation Conformity Rule 

Restructuring Amendments.’’ Through 

that final action, EPA restructured 

several sections of the transportation 

conformity rule so that they apply to 

any new or revised NAAQS. 

Specifically, EPA amended §§ 93.101, 

93.105, 93.109, 93.116, 93.118, 93.119, 

and 93.121 of the Transportation 

Conformity Rule. In its May 8, 2013, SIP 

revision, Alabama requests that EPA 

incorporates by reference subsequent 

Federal changes EPA promulgated in 

the Transportation Conformity Rule 

Restructuring Amendments. Although 

Alabama’s submission mentions that it 

is incorporating by reference provisions 

in EPA’s Transportation Conformity 

Rule Restructuring Amendments, the 

only relevant portion for incorporation 

by reference is the change that EPA 

made to § 93.105 because, in this same 

submission, Alabama changed the State 

regulations and transportation 

conformity requirements in its SIP to 

address only §§ 93.105, 93.122(a)(4)(ii) 

and 93.125(c), in accordance with EPA’s 

regulations. The changes EPA made to 

§ 93.105 were administrative in nature 

and involved updates to citations, 

revision of introductory paragraphs, and 

redesignating paragraphs. 

EPA has reviewed Alabama’s 

submittal to ensure consistency with the 

current Clean Air Act (CAA or Act), as 

amended by SAFETEA–LU, and EPA 

regulations governing state procedures 

for transportation and general 

conformity (40 CFR part 93, subparts A 

and B). The May 8, 2013, SIP revision, 

upon final approval by EPA, removes 

specific provisions of Alabama 

Administrative Code section 335–3–17– 

.01, ‘‘Transportation Conformity,’’ from 

the SIP that are no longer required in 

light of the SAFETEA–LU amendments. 

With the removal of these specific 

provisions of 335–3–17–.01 from the 

SIP, the federal rules in 40 CFR part 93, 

subpart A, will directly govern 

transportation conformity of federal 

actions in the State of Alabama. This 

revision complies with the requirements 

of CAA section 176(c)(4)(e) and 40 CFR 

51.390(b). 40 CFR part 93, subpart A, 

continues to subject certain Federal 

actions to transportation conformity 

requirements without the need for 

identical state rules and SIPs. Therefore, 

repealing the State rule will not impact 

continuity of the transportation 

conformity program in Alabama. 

In a direct final rule published on 

August 17, 2017 (82 FR 39035), EPA 

took a direct final action to approve the 

portions of the May 8, 2013, submittal 

that removes specific provisions of 

Alabama Administrative Code section 

335–3–17–.01, ‘‘Transportation 

Conformity,’’ from the SIP that are no 

longer required in light of the 

SAFETEA–LU amendments. In the 

direct final rulemaking, EPA established 

that the rule would become effective 60 

days after publication in the Federal 

Register and without further notice, 

unless EPA received adverse comment 

within 30 days of the publication. If 

EPA received such comments, it would 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. Comments on the 

rulemaking were due on or before 

September 18, 2017. 

EPA received one adverse comment 

on the direct final rulemaking, and as a 

result, elsewhere in this issue of the 

Federal Register, the EPA has taken a 

separate action to withdraw the direct 

final rule. Nevertheless, the rationale for 

EPA’s action still remains and the only 

addition in this final rulemaking is the 

response to the adverse comment 

received. The details of Alabama’s SIP 

revisions and the rationale for EPA’s 

action are further explained in the direct 

final rule published August 17, 2017 (82 

FR 39035). Below is a summary of the 

comment received and EPA’s response. 

II. Response to Comment 

Comment: The Commenter mentions 

that EPA should not allow Alabama to 

remove transportation conformity rules 

from the SIP and asserts that EPA has 

loosened the Federal transportation 

conformity requirements. The 

Commenter goes on to say that Alabama 

should incorporate by reference the 

entirety of 40 CFR part 93. 


jstallworth on DSKBBY8HB2PROD with RULES
47384 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

Response: Alabama’s SIP continues to 

include transportation conformity 

requirements. CAA section 176(c) is the 

statutory authority for transportation 

conformity (42 U.S.C. 7506(c)). This 

section of the CAA was amended by 

provisions contained in the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU), which was 

signed into law on August 10, 2005 

(Public Law 109–59). Among the 

changes Congress made to this section 

of the CAA was to streamline the 

requirements for state conformity SIPs. 

Subsequently, EPA published a final 

rule on January 24, 2008 (73 FR 4420), 

to update the requirements for 

conformity SIPs as well as the other 

CAA provisions amended by Congress. 

These streamlined conformity SIP 

requirements did not loosen EPA’s 

conformity requirements. The CAA 

amendment was merely intended to 

reduce the burden on states associated 

with duplicating federal transportation 

conformity rules within state conformity 

rules. 

CAA section 176(c)(4)(E) and 40 CFR 

51.390(b) of the conformity rule now 

require states to submit conformity SIPs 

that address only the following 

provisions of the federal conformity 

rule: 

• 40 CFR 93.105, which addresses 

consultation procedures; 

• 40 CFR 93.122(a)(4)(ii), which states 

that conformity SIPs must require that 

written commitments to control 

measures be obtained prior to a 

conformity determination if the control 

measures are not included in a 

metropolitan planning organization’s 

transportation plan and transportation 

improvement programs, and that such 

commitments be fulfilled; and 

• 40 CFR 93.125(c), which states that 

conformity SIPs must require that 

written commitments to mitigation 

measures be obtained prior to a projectlevel conformity determination, and that 

project sponsors comply with such 

commitments. 

These provisions must be tailored to a 

state’s individual circumstances, rather 

than including the federal conformity 

rule section verbatim. Alabama’s SIP 

contains the tailored provisions. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of ADEM Regulation, 

chapter 335–3–17–.01 entitled 

‘‘Transportation Conformity,’’ effective 

May 28, 2013, which incorporates by 

reference the Federal Transportation 

Conformity Rule. 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 the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

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.1

IV. Final Action 

Pursuant to section 110 of the CAA, 

EPA is approving the revision to the 

Alabama SIP regarding the State’s 

transportation conformity requirements. 

The approval of Alabama’s conformity 

SIP revisions will align the Alabama SIP 

with the current federal conformity 

requirements, as amended by 

SAFETEA–LU, and the most recent EPA 

regulations governing state procedures 

for transportation conformity. 

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. 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 (Public Law 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 December 11, 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 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 47385 

1On June 28, 2012, EPA finalized a limited 

approval of South Carolina’s regional haze plan to 

address the first implementation period for regional 

Continued 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 29, 2017. 

Onis ‘‘Trey’’ Glenn, III 

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 B—Alabama 

■ 2. Section 52.50(c) is amended under 

the heading ‘‘Chapter No. 335–3–17 

Conformity of Federal Actions to State 

Implementation Plans’’ by revising the 

entry for ‘‘Section 335–3–17–.01’’ to 

read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED ALABAMA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Chapter No. 335–3–17 Conformity of Federal Actions to State Implementation Plans 

Section 335–3–17–.01 .................... Transportation Conformity .............. 5/28/2013 10/12/2017 

[Insert citation of publication] ..........

* * * * * * * 

* * * * * 

[FR Doc. 2017–21930 Filed 10–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0389; FRL–9969– 

23—Region 4] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

South Carolina; Regional Haze State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a South 

Carolina 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 

December 28, 2012. South Carolina’s 

December 28, 2012, SIP revision 

(‘‘Progress Report’’) addresses 

requirements of the Clean Air Act (CAA 

or ‘‘Act’’) and EPA’s rules that require 

states to submit periodic reports 

describing progress towards reasonable 

progress goals (RPGs) established for 

regional haze and a determination of the 

adequacy of the State’s existing SIP 

addressing regional haze (‘‘regional haze 

plan’’). EPA is finalizing approval of 

South Carolina’s Progress Report on the 

basis that it addresses the progress 

report and adequacy determination 

requirements for the first 

implementation period for regional 

haze. 

DATES: This rule will be effective 

November 13, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0389. 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 

(formerly Regulatory Development 

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 

for further information. 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: 

Michele Notarianni, 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. Ms. 

Notarianni can be reached at (404) 562– 

9031 and by electronic mail at 

notarianni.michele@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

States are required to submit progress 

reports that evaluate progress towards 

the RPGs for each mandatory Class I 

Federal area within the state and in each 

mandatory Class I Federal area outside 

the state which may be affected by 

emissions from within the state. See 40 

CFR 51.308(g). States are also required 

to submit, at the same time as the 

progress report, a determination of the 

adequacy of the state’s existing regional 

haze plan. See 40 CFR 51.308(h). The 

first progress report is due five years 

after submittal of the initial regional 

haze plan and must be in the form of a 

SIP revision. On December 17, 2007, SC 

DHEC submitted the State’s first 

regional haze plan in accordance with 

40 CFR 51.308(b).1


jstallworth on DSKBBY8HB2PROD with RULES