Rule2023-06425
Air Plan Approval; NC; Transportation Conformity
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 29, 2023
Effective
April 28, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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).
Full Text
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<title>Federal Register, Volume 88 Issue 60 (Wednesday, March 29, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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
<a href="/cdn-cgi/l/email-protection#cebda6abada5a2abbce0a5aba2a2b78eabbeafe0a9a1b8"><span class="__cf_email__" data-cfemail="394a515c5a52555c4b17525c555540795c4958175e564f">[email protected]</span></a>.
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
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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).
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\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:
<bullet> 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);
<bullet> Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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]
BILLING CODE 6560-50-P
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