[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Proposed Rules]
[Pages 20318-20320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09492]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0083; FRL-9992-72-Region 7]
Air Plan Approval; Nebraska; Infrastructure SIP Requirements for
the 2015 Ozone National Ambient Air Quality Standards (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve elements of a State Implementation Plan (SIP) submission from
the State of Nebraska addressing the applicable requirements of the
Clean Air Act (CAA) section 110 for the 2015 Ozone (O3)
National Ambient Air Quality Standards (NAAQS). Section 110 requires
that each state adopt and submit a SIP to support the 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: Comments must be received on or before June 10, 2019.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0083 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Mr. Gregory Crable Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7391; email
address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA. A technical support document (TSD) is
included in this proposed rulemaking docket.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0083, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The 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. The 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://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve the infrastructure SIP submission
received from the State of Nebraska on September 24, 2018.
Specifically, EPA is proposing to approve the following infrastructure
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).
A Technical Support Document (TSD), is included as part of the
docket to discuss the details of this proposed action, including an
analysis of how the SIP meets the applicable 110(a)(1) and (2)
requirements for infrastructure SIPs. As explained in the TSD, EPA
plans to take separate action on the infrastructure elements under
section 110(a)(2)(D)(i)(II)--prong 4. The EPA is not taking action on
section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions Under
Part D.
III. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
state provided a public comment period for this SIP revision from
August 7, 2018 to September 7, 2018, and at the same time, offered an
opportunity for a public hearing. The state received no comments and no
requests for a public hearing. The public hearing scheduled for
September 11, 2018 was canceled. In addition, as explained in more
detail in the TSD, the revision meets the substantive SIP requirements
of the CAA, including section 110 and implementing regulations.
IV. What action is EPA taking?
The EPA is proposing to approve elements of the September 24, 2018,
infrastructure SIP submission from the State of Nebraska, which address
the requirements of CAA sections 110(a)(1) and (2) as applicable to the
2015 O3 NAAQS. Specifically, the EPA is proposing to approve
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, the EPA intends to
act on section 110(a)(2)(D)(i)(II)--prong 4, in a
[[Page 20319]]
subsequent rulemaking. The EPA is not taking action on section
110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions under part D.
Based upon review of the state's infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in those submissions or referenced in Nebraska's SIP, the EPA believes
that Nebraska's SIP will meet all applicable required elements of
sections 110(a)(1) and (2) (except as otherwise noted) with respect to
the 2015 O3 NAAQS. We are processing this as a proposed
action because we are soliciting comments on this proposed action.
Final rulemaking will occur after consideration of any comments.
VI. 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. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 25, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et. seq.
Subpart CC--Nebraska
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2. In Sec. 52.1420 paragraph (e), the table is amended by adding entry
(35) in numerical order to read as follows:
Sec. 52.1420 Identification of Plan.
* * * * *
(e) * * *
EPA-Approved Nebraska Nonregulatory Provisions
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Name of non-regulatory SIP Applicable geographic State EPA approval
revision or nonattainment area submittal date date Explanation
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* * * * * * *
(35) Sections 110(a)(1) and Statewide.............. 9/24/2018 [Date of This action approves
(2) Infrastructure publication of for the O3 NAAQS:
Requirements for the 2015 O3 the final rule The following CAA
NAAQS. in the Federal elements: 110(a)(1)
Register], and (2): (A) Through
[Federal (C),(D)(i)(I)--prong
Register s 1 and 2,
citation of the (D)(i)(II)--prong 3,
final rule]. (D)(ii), (E) through
(H), and (J) through
(M). EPA-R07-OAR-
2019-0083; FRL-9992-
72-Region 7.
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[FR Doc. 2019-09492 Filed 5-8-19; 8:45 am]
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