[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Rules and Regulations]
[Pages 43848-43850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19931]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0477; FRL-9967-95-Region 7]


Approval of Nebraska Air Quality Implementation Plans; 
Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide and 
Sulfur Dioxide and the 2012 Fine Particulate Matter National Ambient 
Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve 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 2010 Nitrogen 
Dioxide (NO2) and Sulfur Dioxide (SO2) National 
Ambient Air Quality Standards (NAAQS), and the 2012 Fine Particulate 
Matter (PM2.5) NAAQS, 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 direct final rule will be effective November 20, 2017, 
without further notice, unless EPA receives adverse comment by October 
20, 2017. If EPA receives adverse comment, we will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2017-0477 to https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the Web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mr. Gregory Crable, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7391, or by email at 
[email protected].

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

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is taking direct final action to approve the infrastructure 
submissions as meeting the submittal requirement section 110(a)(1). EPA 
is approving elements of the 2010 NO2 and SO2 
infrastructure SIP submissions from the State of Nebraska received on 
February 7, 2013, and August 22, 2013, respectively. EPA is also taking 
action to approve the 2012 PM2.5 infrastructure submittal 
received on February 22, 2016. Specifically, EPA is approving, in 
regard to the 2010 NO2 NAAQS, the following elements of 
section 110(a)(2): (A) through (C), (D)(i)(I)--Prongs 1 and 2, 
(D)(i)(II)--prong 3, (D)(ii), (E) through (H), and (J) through (M).
    In regard to the 2010 SO2 and 2012 PM2.5 
NAAQS, EPA is approving the following infrastructure elements of 
110(a)(2): (A) through (C), (D)(i)(II)--Prong 3, (D)(ii), (E) through 
(H), and (J) through (M). As discussed in the TSD, EPA is not acting, 
at this time, on section 110(a)(2)(D)(i)(I)--prongs 1 and 2, as it 
relates to the 2010 SO2 and 2012 PM2.5 NAAQS.
    In regard to the 2010 NO2 and SO2 and the 
2012 PM2.5 infrastructure submittals and as explained in the 
TSD, EPA is not acting, at this time, on section (D)(i)(II)--prong 4. 
Finally, EPA is not acting on section 110(a)(2)(I) as it does not 
expect infrastructure SIP submissions to address element (I).
    As noted, a Technical Support Document (TSD) is included as part of 
the docket to discuss the details of this action.

II. Have the requirements for approval of a SIP revision been met?

    The state submissions have met the public notification requirements 
for SIP submissions in accordance with 40 CFR 51.102. A public comment 
period was held for the NO2 infrastructure SIP from December 
27, 2012 to January 28, 2013.
    The only comments were from the EPA, and the infrastructure SIP 
submission was revised to address the comments. A public hearing was 
held on January 28, 2013.
    The state held a public comment period for the SO2 
infrastructure SIP from April 25, 2013, to May 28, 2013. NDEQ received 
comments from the Sierra Club on May 28, 2013. The state addressed the 
Sierra Clubs comments with no revisions to its proposed SIP. A public 
hearing was held on May 27, 2013.
    A public comment period was held for the PM2.5 
infrastructure SIP from November 23, 2015, to December 29, 2015. A 
public hearing was held on December 29, 2015. No comments were 
received.
    All three submissions satisfied the completeness criteria of 40 CFR 
part 51, appendix V. As explained in more detail in the TSD, which is 
part of this docket, the revisions meet the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

III. What action is EPA taking?

    EPA is approving the infrastructure SIP submissions from Nebraska, 
which address the requirements of CAA sections 110(a)(1) and (2) as 
applicable to the 2010 NO2 and SO2 and 2012 
PM2.5 NAAQS. As stated in the above preamble, EPA is 
approving elements of the state's submission as meeting requirements of 
section 110(a)(1) for all three submittals.
    With regard to the 2010 NO2 NAAQS, EPA is approving the 
following infrastructure elements of 110(a)(2): (A) through (C), 
(D)(i)(I)--Prongs 1 and 2, (D)(i)(II)--prong 3, (D)(ii), (E) through 
(H), and (J) through (M). As explained in the TSD, EPA intends to act 
on section (D)(i)(II)--prong 4, in a subsequent rulemaking.
    EPA is approving the following infrastructure elements of 110(a)(2) 
as it relates to the 2010 SO2 and the 2012 PM2.5 
NAAQS: (A) through (C),

[[Page 43849]]

(D)(i)(II)--Prong 3, (D) (ii), (E) through (H), and (J) through (M). As 
discussed in the TSD, EPA intends to act on section (D)(i)(II)--prong 
4, in a subsequent rulemaking and is not acting, at this time, on 
section 110(a)(2)(D)(i)(I)--prongs 1 and 2, for both the 2010 
SO2 and 2012 PM2.5 NAAQS.
    Finally, EPA is taking no action with respect to section 
110(a)(2)(I) for the 2010 NO2 and SO2 NAAQS, and 
the 2012 PM2.5 NAAQS. Section 110(a)(2)(I) requires that in 
the case of a plan or plan revision for areas designated as 
nonattainment areas, states must meet applicable requirements of part D 
of the CAA, relating to SIP requirements for designated nonattainment 
areas. EPA does not expect infrastructure SIP submissions to address 
element (I). The specific SIP submissions for designated nonattainment 
areas, as required under CAA title I, part D, are subject to different 
submission schedules than those for section 110 infrastructure 
elements. EPA takes action on part D attainment plan SIP submissions 
through separate rulemaking governed by the requirements for 
nonattainment areas, as described in part D. EPA has not designated any 
area in the U.S. as nonattainment for the 2010 NO2 NAAQS; 
EPA has designated all areas of Nebraska as ``attainment/unclassified'' 
with regards to the 2012 PM2.5 NAAQS. Additionally, EPA has 
designated Lincoln and Otoe Counties as ``attainment/unclassified'' for 
the 2010 1-hr SO2 NAAQS, but has not yet made a final 
determination for the rest of the Nebraska as it relates to the 2010 
SO2 NAAQS. Nebraska has no current CAA requirement to submit 
a plan to address section 110(a)(2)(I).
    Based upon review of the state's infrastructure SIP submissions for 
the 2010 NO2 and SO2 NAAQS as well as the 2012 
PM2.5 NAAQS, and relevant statutory and regulatory 
authorities and provisions referenced in the submissions or referenced 
in Nebraska's SIP, EPA believes that Nebraska has the infrastructure to 
address all applicable required elements of sections 110(a)(1) and (2) 
(except otherwise noted) to ensure that the 2010 NO2 and 
SO2 NAAQS and the 2012 PM2.5 NAAQS are 
implemented in the state.
    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to this action partionally approving elements of 
section 110(a)(2) for the 2010 NO2 and SO2 NAAQS 
and the 2012 PM2.5 NAAQS, if adverse comments are received 
on this direct final rule. We will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. For further information about commenting on this rule, 
see the ADDRESSES section of this document. If EPA receives adverse 
comment, we will publish a timely withdrawal in the Federal Register 
informing the public that this direct final rule will not take effect. 
We will address all public comments in any subsequent final rule based 
on the proposed rule.

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 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 (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 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 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 20, 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 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.


[[Page 43850]]


    Dated: September 8, 2017.
Cathy Stepp,
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(e) by adding entries ``(32)'', ``(33)'' and 
``(34)'' in numerical order to read as follows:


Sec.  52.1420  Identification of Plan.

* * * * *
    (e) * * *

                                 EPA-Approved Nebraska Nonregulatory Provisions
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                                                              State
   Name of nonregulatory SIP     Applicable  geographic     submittal      EPA approval         Explanation
           provision            or  nonattainment  area       date             date
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                                                  * * * * * * *
(32) Section 110(a)(2)          Statewide..............          2/7/13  9/20/17, [Insert  [EPA-R07-OAR-2017-047
 Infrastructure Requirements                                              Federal           7; FRL-9967-95-
 for the 2010 NO2 NAAQS.                                                  Register          Region 7]. This
                                                                          citation].        action addresses the
                                                                                            following CAA
                                                                                            elements 110(a)(2)
                                                                                            (A) through (C), (D)
                                                                                            (i) (I)--Prongs 1
                                                                                            and 2, (D)(i)(II)--
                                                                                            prong 3, (D)(ii),
                                                                                            (E) through (H), and
                                                                                            (J) through (M).
(33) Section 110(a)(2)          Statewide..............         8/22/13  9/20/17, [Insert  [EPA-R07-OAR-2017-047
 Infrastructure Requirements                                              Federal           7; FRL-9967-95-
 for the 2010 SO2 NAAQS.                                                  Register          Region 7]. This
                                                                          citation].        action addresses the
                                                                                            following CAA
                                                                                            elements 110(a)(2)
                                                                                            (A) through (C), (D)
                                                                                            (i) (II)--Prong 3,
                                                                                            (D) (ii), (E)
                                                                                            through (H), and (J)
                                                                                            through (M).
(34) Section 110(a)(2)          Statewide..............         2/22/16  9/20/17, [Insert  [EPA-R07-OAR-2017-047
 Infrastructure Requirements                                              Federal           7; FRL-9967-95-
 for the 2010 PM2.5 NAAQS.                                                Register          Region 7]. This
                                                                          citation].        action addresses the
                                                                                            following CAA
                                                                                            elements 110(a)(2)
                                                                                            (A) through (C), (D)
                                                                                            (i) (II)--Prong 3,
                                                                                            (D) (ii), (E)
                                                                                            through (H), and (J)
                                                                                            through (M).
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[FR Doc. 2017-19931 Filed 9-19-17; 8:45 am]
 BILLING CODE 6560-50-P