[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Rules and Regulations]
[Pages 55266-55267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20619]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0270; FRL-9932-78-Region 7]


Partial Approval and Disapproval of Air Quality State 
Implementation Plans (SIP); State of Nebraska; Infrastructure SIP 
Requirements for the 2008 Ozone National Ambient Air Quality Standard 
(NAAQS)

AGENCY: Environmental Protection Agency (EPA).

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 2008 National Ambient Air Quality Standards (NAAQS) for 
Ozone (O3), 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.

DATES: This final rule is effective September 15, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0270. 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 in hard copy at U.S. 
Environmental Protection Agency, Region 7, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 from 8:00 a.m. to 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 June 19, 2015, (80 FR 35284), 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 2008 
O3 NAAQS.

II. Summary of SIP Revision

    On February 11, 2013, EPA received a SIP submission from the state 
of Nebraska that addressed the infrastructure elements specified in 
section 110(a)(2) for the 2008 O3 NAAQS. The submission 
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.
    During the public comment period for the NPR one comment was 
received. The commenter stated that EPA must disapprove 110(a)(2)(C) 
and (D)(i)(II) (prong 3), unless Nebraska has the PM2.5 
increments approved into its PSD SIP and its PSD program treats 
NOX as a precursor for ozone. The PM2.5 
increments and the inclusion of NOX as a precursor to ozone 
was approved by EPA into the Nebraska SIP on August 4, 2014. See 79 FR 
45108, Approval and Promulgation of Implementation Plans; State of 
Nebraska; Fine Particulate Matter New Source Review Requirements.

III. Final Action

    EPA is approving Nebraska's February 11, 2013 submission addressing 
the requirements of the CAA sections 110(a)(1) and (2) as applicable to 
the 2008 O3 NAAQS. Specifically, EPA approves the following 
infrastructure elements, or portions thereof: 110(a)(2)(A), (B), (C), 
(D)(i)(II) (prong 3), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and 
(M) which are necessary to implement, maintain, and enforce the 2008 
O3 NAAQS, as a revision to the Nebraska SIP. As discussed in 
each applicable section of the NPR, EPA is not taking action 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 disapproving section 110(a)(2)(D)(i)(II) (prong 4) as it relates 
to the protection of visibility.

IV. Statutory and Executive Order Review

    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);

[[Page 55267]]

     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 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 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 November 16, 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, Ozone, Reporting and 
recordkeeping requirements.

    Dated: August 12, 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:

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 adding and reserving an entry for ``(28)'', 
and by adding an entry for ``(29)'' in numerical order under paragraph 
(e), in the table entitled ``EPA-Approved Nebraska Nonregulatory 
Provisions''.
    The addition reads as follows:


Sec.  52.1420  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Nebraska Nonregulatory Provisions
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                                     Applicable
   Name of nonregulatory SIP       geographic or     State submittal
           provision               nonattainment           date        EPA approval date        Explanation
                                        area
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                                                  * * * * * * *
(28) [Reserved]................
(29) Section 110(a)(2)           Statewide........  2/11/13..........  9/15/15, [Insert   [EPA-R07-OAR-2015-0270
 Infrastructure Requirements                                            Federal Register   ; Region 7] This
 for the 2008 O3 NAAQS.                                                 citation].         action addresses the
                                                                                           following CAA
                                                                                           elements
                                                                                           110(a)(2)(A), (B),
                                                                                           (C), (D)(i)(II),
                                                                                           (D)(ii), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M).
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[FR Doc. 2015-20619 Filed 9-14-15; 8:45 am]
 BILLING CODE 6560-50-P