Air Plan Approval; Alabama; Transportation Conformity

Issuing agencies

Abstract

The U.S. Environmental Protection Agency (EPA or Agency) is approving a State Implementation Plan (SIP) revision submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM) on April 7, 2026. The SIP revision replaces the previously approved transportation conformity memorandum of agreement (MOA) with an updated MOA concerning transportation conformity criteria and procedures related to interagency consultation, conflict resolution, public participation, and enforceability of certain transportation-related control and mitigation measures. The SIP revision also makes a minor stylistic change to the Transportation Conformity and General Conformity rules in the Alabama SIP. The EPA has determined that Alabama's April 7, 2026, SIP revision is consistent with the applicable provisions of the Clean Air Act (CAA or Act).

Full Text

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<title>Federal Register, Volume 91 Issue 184 (Thursday, September 24, 2026)</title>
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[Federal Register Volume 91, Number 184 (Thursday, September 24, 2026)]
[Rules and Regulations]
[Pages 60518-60520]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19566]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2024-0362; FRL-13404-02-R4]


Air Plan Approval; Alabama; Transportation Conformity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency) is 
approving a State Implementation Plan (SIP) revision submitted by the 
State of Alabama, through the Alabama Department of Environmental 
Management (ADEM) on April 7, 2026. The SIP revision replaces the 
previously approved transportation conformity memorandum of agreement 
(MOA) with an updated MOA concerning transportation conformity criteria 
and procedures related to interagency consultation, conflict 
resolution, public participation, and enforceability of certain 
transportation-related control and mitigation measures. The SIP 
revision also makes a minor stylistic change to the Transportation 
Conformity and General Conformity rules in the Alabama SIP. The EPA has 
determined that Alabama's April 7, 2026, SIP revision is consistent 
with the applicable provisions of the Clean Air Act (CAA or Act).

DATES: This rule is effective October 26, 2026.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R04-OAR-2024-0362 at <a href="http://www.regulations.gov">www.regulations.gov</a>. 
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. The 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: Weston Freund, 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) 562-8773. Mr. Freund can also be reached via electronic mail at 
<a href="/cdn-cgi/l/email-protection#e0869285958e84ce978593948f8ea0859081ce878f96"><span class="__cf_email__" data-cfemail="c2a4b0a7b7aca6ecb5a7b1b6adac82a7b2a3eca5adb4">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this rule, the use of ``we,'' 
``us,'' or ``our'' is intended to refer to the EPA. We use multiple 
abbreviations and terms in this rule. While this list may not be 
exhaustive, for ease of reading and for reference purposes, the EPA 
defines the following terms and acronyms here:

ADEM--Alabama Department of Environmental Management

[[Page 60519]]

CAA--Clean Air Act
EPA--Environmental Protection Agency
MOA--Memorandum of Agreement
NPRM--Notice of Proposed Rulemaking
SIP--State Implementation Plan

Table of Contents

I. Executive Summary
II. Background
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Executive Summary

    The EPA is approving a SIP revision submitted by ADEM on April 7, 
2026. The revision replaces the existing Alabama Interagency 
Transportation Conformity MOA with a revised MOA signed by the Federal 
and State transportation and air quality partners and the Birmingham 
Planning Organization, which is subject to the transportation 
conformity requirements. The MOA establishes procedures for interagency 
consultation, dispute resolution, public participation, and 
enforceability of certain transportation-related control measures and 
mitigation measures. The EPA is also approving minor stylistic changes 
to Rules 335-3-17-.01, Transportation Conformity, and 335-3-17-.02, 
General Conformity, in the Alabama SIP.\1\ The State made this 
stylistic change to be more consistent with Alabama's Legislative 
Agency Service Requirements. The EPA has reviewed the April 7, 2026, 
submittal, and has determined that it is consistent with the CAA and 
the applicable requirements of the Conformity Rule.
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    \1\ The changes to Rules 335-3-17-.01 and 335-3-17-.02 were 
initially submitted to the EPA on December 20, 2023, as part of a 
package that contained revisions to several other SIP-approved 
rules. The changes to Rules 335-3-17-.01 and 335-3-17-.02 were 
resubmitted to the EPA along with the updated MOA and together they 
comprise the April 7, 2026, conformity submission. The only 
revisions addressed in this final rule are the updated MOA and the 
changes to Rules 335-3-17-.01 and 335-3-17-.02. See clarification 
email from Lisa Edwards, ADEM, to Denisse Diaz, EPA Region 4, on May 
18, 2026, available in the docket for this final rule.
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II. Background

    Through a notice of proposed rulemaking (NPRM), published on July 
2, 2026,\2\ the EPA proposed to approve the April 7, 2026, changes to 
the conformity MOA and updates to Rules 335-3-17-.01 and 335-3-17-.02 
in the Alabama SIP. The details of Alabama's submission, as well as the 
EPA's rationale for approving these changes, are described in more 
detail in the July 2, 2026, NPRM. Comments on the July 2, 2026, NPRM 
were due on August 3, 2026. One comment supportive of the EPA's 
proposed action and one comment that was outside the scope of this 
rulemaking were received on the NPRM. These comments are available in 
the docket for this action.
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    \2\ See 91 FR 40491.
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III. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, and as discussed in section I of this preamble, the EPA is 
finalizing the incorporation by reference of Rules 335-3-17-.01, 
Transportation Conformity, and 335-3-17-.02, General Conformity, State 
effective February 12, 2024, which removes ``(1) General'' from the 
beginning of their respective paragraphs. The EPA has made, and will 
continue to make, these materials generally available through 
<a href="http://www.regulations.gov">www.regulations.gov</a> and 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 the EPA for inclusion in the SIP, have been 
incorporated by reference by the EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rule of the EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).
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IV. 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.\4\ Thus, in reviewing SIP submissions, the EPA's 
role is to approve State choices, provided that they meet the criteria 
of the CAA. Accordingly, this action approves State law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by State law. For that reason, this action:
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    \4\ See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
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    <bullet> 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);
    <bullet> Is not subject to Executive Order 14192 (90 FR 9065, 
February 6, 2025) regulatory action because this action is not exempt 
under Executive Order 12866;
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the 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.\5\
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    \5\ See 65 FR 67249 (Nov. 9, 2000).
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    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under CAA section 307(b)(1), petitions for judicial review of this 
action must be filed in the United States Court of Appeals for the 
appropriate circuit by November 23, 2026. 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.\6\
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    \6\ See CAA section 307(b)(2).
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List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation byreference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping

[[Page 60520]]

requirements, Volatile organic compounds.

    Dated: September 14, 2026.
Kevin McOmber,
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 B--Alabama

0
2. Section 52.50 is amended by:
0
a. In table 1 to paragraph (c) under the heading ``Chapter No. 335-3-17 
Conformity of Federal Actions to State Implementation Plans'' by 
revising the entries for ``Section 335-3-17-.01'' and ``Section 335-3-
17-.02''; and
0
b. In the table to paragraph (e) by adding an entry for ``Alabama 
Interagency Transportation Conformity Memorandum of Agreement'' at the 
end of the table.
    The revisions and addition read as follows:


Sec.  52.50   Identification of plan.

* * * * *
    (c) * * *

                           Table 1 to Paragraph (c)--EPA-Approved Alabama Regulations
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                                                            State effective
          State citation                Title/subject            date          EPA approval date     Explanation
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                                                  * * * * * * *
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                Chapter No. 335-3-17 Conformity of Federal Actions to State Implementation Plans
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Section 335-3-17-.01..............  Transportation                2/12/2024  9/24/2026, 91 FR
                                     Conformity.                              [INSERT FEDERAL
                                                                              REGISTER PAGE WHERE
                                                                              THE DOCUMENT BEGINS].
Section 335-3-17-.02..............  General Conformity...         2/12/2024  9/24/2026, 91 FR
                                                                              [INSERT FEDERAL
                                                                              REGISTER PAGE WHERE
                                                                              THE DOCUMENT BEGINS].
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* * * * *
    (e) * * *

                                 EPA Approved Alabama Non-Regulatory Provisions
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                                      Applicable
    Name of nonregulatory SIP        geographic or    State submittal
            provision                nonattainment    date/effective     EPA approval date       Explanation
                                         area              date
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                                                  * * * * * * *
Alabama Interagency                ................          4/7/2026  9/24/2026, 91 FR      Supersedes the
 Transportation Conformity                                              [INSERT FEDERAL       previous Alabama
 Memorandum of Agreement.                                               REGISTER PAGE WHERE   Interagency
                                                                        THE DOCUMENT          Transportation
                                                                        BEGINS].              Conformity
                                                                                              Memorandum of
                                                                                              Agreement approved
                                                                                              by the EPA on 5/11/
                                                                                              2000.
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[FR Doc. 2026-19566 Filed 9-23-26; 8:45 am]
BILLING CODE 6560-50-P


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