[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51952-51954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21018]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0269; FRL-9933-04-Region 7]


Partial Approval and Disapproval of Air Quality Implementation 
Plans; Nebraska; Revision to the State Implementation Plan (SIP) 
Infrastructure Requirements for the 1997 and 2006 Fine Particulate 
Matter National Ambient Air Quality Standards and the Revocation of the 
PM10 Annual Standard and Adoption of the 24hr 
PM2.5 Standard

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to partially approve and disapprove elements of a State 
Implementation Plan (SIP) submission from the State of Nebraska 
addressing the applicable requirements of Clean Air Act (CAA) section 
110 for the 1997 and 2006 National Ambient Air Quality Standards 
(NAAQS) for fine particulate matter (PM2.5), which requires 
that each state adopt and submit a SIP to support implementation, 
maintenance, and enforcement of each new or revised NAAQS promulgated 
by EPA. These SIPs are commonly referred to as ``infrastructure'' SIPs. 
The infrastructure requirements are designed to ensure that the 
structural components of each state's air quality management program 
are adequate to meet the state's responsibilities under the CAA. 
Additionally, EPA is taking final action approving the revocation of 
the coarse particulate matter (PM10) annual standard and 
adoption of the 24hr PM2.5 standard.

DATES: This final rule is effective September 28, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0269. All documents in the electronic docket are 
listed in the http://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, will be publicly available only 
in hard copy. Publicly available docket materials are available either 
electronically at http://www.regulations.gov or at U.S. Environmental 
Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 
66219 from 8:00 a.m. to

[[Page 51953]]

4:30 p.m., Monday through Friday, excluding legal holidays. Interested 
persons wanting to examine these documents should make an appointment 
with the office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Mr. Gregory Crable, Air Planning and 
Development Branch, U.S. Environmental Protection Agency, Region 7, 
11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551-
7391; fax number: (913) 551-7065; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' or ``our'' refer to EPA. This section provides additional 
information by addressing the following:

I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Review

I. Background

    On May 28, 2015, (80 FR 30404), EPA published a notice of proposed 
rulemaking (NPR) for the State of Nebraska. The NPR proposed partial 
approval and disapproval of Nebraska's submission that provides the 
basic elements specified in section 110(a)(2) of the CAA, or portions 
thereof, necessary to implement, maintain, and enforce the 1997 and 
2006 PM2.5 NAAQS. At the same time, EPA proposed approval of 
the revocation of the PM10 annual standard and adoption of 
the 24 hr. PM2.5 NAAQS standard.

II. Summary of SIP Revision

    On April 3, 2008, EPA received a SIP submission from the state of 
Nebraska that addressed the infrastructure elements specified in 
section 110(a)(2) for the 1997 PM2.5 NAAQS. Then on August 
29, 2011, EPA received a second SIP submission addressing the 
infrastructure elements specified in section 110(a)(2) for the 2006 
PM2.5 NAAQS. Both submissions addressed the following 
infrastructure elements of section 110(a)(2): (A), (B), (C), (D), (E), 
(F), (G), (H), (J), (K), (L), and (M). Specific requirements of section 
110(a)(2) of the CAA and the rationale for EPA's proposed action to 
approve and disapprove the SIP submissions are explained in the NPR and 
will not be restated here. No public comments were received on the NPR.
    Finally, a third submission was received by the EPA on November 14, 
2011, as a part of a larger submission dealing with various title 129 
revisions, which we will address at a later date. This submission 
revises Chapter 4, Title 129 of the Nebraska Administrative Code. The 
change repeals the annual NAAQS for PM10 which was revoked 
by the EPA on October 17, 2006, and adopts the new 24-hour 
PM2.5 NAAQS which was issued by EPA, at the same time (71 FR 
61144).

III. Final Action

    EPA is approving Nebraska's April 3, 2008, and August 29, 2011, 
submissions for the 1997 and 2006 PM2.5 NAAQS respectively. 
Specifically, EPA approves the following infrastructure elements: 
110(a)(2)(A), (B), (C), (D)(i)(II) (prong 3), (D)(ii) (E), (F), (G), 
(H), (J), (K), (L), and (M) of the CAA, or portions thereof, necessary 
to implement, maintain, and enforce the 1997 and 2006 PM2.5 
NAAQS, as a revision to the Nebraska SIP. At the same time, EPA is 
disapproving 110(a)(2)(D)(i)(II) (prong 4) as it relates to the 
protection of visibility. As discussed in each applicable section of 
the NPR, EPA is not acting on section 110(a)(2)(D)(i)(I) (prongs 1 and 
2), and section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions 
Under part D. And finally, EPA is approving the November 14, 2011 SIP 
submittal repealing the annual NAAQS for PM10 and adopting 
the new 24hr PM2.5 NAAQS.

IV. Statutory and Executive Order Review

    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 the Nebraska 
regulations for Ambient Air Quality Standards and the EPA approved 
Nebraska nonregulatory provisions described in the amendments to 40 CFR 
part 52 set forth below. EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).
    Under the CAA the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act 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 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 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).
    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 and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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

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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 26, 2015. 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: August 17, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as set forth below:

0
Chapter I, title 40 of the Code of Federal Regulations is amended 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 CC--Nebraska

0
2. Amend Sec.  52.1420 by:
0
a. Under paragraph (c) in the table entitled ``EPA-Approved Nebraska 
Regulations'', revising the entry for ``129-4''; and
0
b. Under paragraph (e), in the table entitled ``EPA-Approved Nebraska 
Nonregulatory Provisions'', adding an entry for (30) in numerical 
order.
    The revisions and additions read as follows:


Sec.  52.1420  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Nebraska Regulations
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                                                          State
       Nebraska citation                Title        effective date   EPA approval date        Explanation
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                                                STATE OF NEBRASKA
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                                       Department of Environmental Quality
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                                   Title 129--Nebraska Air Quality Regulations
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                                                  * * * * * * *
129-4..........................  Ambient Air                8/18/08  8/27/2015 and       This revision to
                                  Quality Standards.                  insert Federal      Chapter 4 repeals the
                                                                      Register page       annual National
                                                                      number where the    Ambient Air Quality
                                                                      document begins.    Standard (NAAQS) for
                                                                                          PM10 and adopts the
                                                                                          Federal 24-hour NAAQS
                                                                                          for PM2.5. The
                                                                                          standard was reduced
                                                                                          from 65 to 35
                                                                                          micrograms per cubic
                                                                                          meter by EPA on
                                                                                          December 18, 2006.
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

                                 EPA-Approved Nebraska Nonregulatory Provisions
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                                     Applicable
   Name of nonregulatory SIP     geographic area or       State       EPA approval date        Explanation
           provision             nonattainment area  submittal date
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                                                  * * * * * * *
(30) Section 110(a)(2)           Statewide.........          4/3/08  8/27/2015 and       This action addresses
 Infrastructure Requirements                                8/29/11   [Insert Federal     the following CAA
 for the 1997 and 2006 PM2.5                                          Register            elements 110(a)(2)(A),
 NAAQS.                                                               citation].          (B), (C), (D)(i)(II),
                                                                                          (D)(ii), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M).
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[FR Doc. 2015-21018 Filed 8-26-15; 8:45 am]
 BILLING CODE 6560-50-P