80 FR 51952 - 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
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 166 (August 27, 2015)
Federal Register Volume 80, Issue 166 (August 27, 2015)
| Page Range | 51952-51954 | |
| FR Document | 2015-21018 |
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)] [Rules and Regulations] [Pages 51952-51954] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21018] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 [[Page 51954]] 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 ---------------------------------------------------------------------------------------------------------------- State Nebraska citation Title effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- STATE OF NEBRASKA ---------------------------------------------------------------------------------------------------------------- Department of Environmental Quality ---------------------------------------------------------------------------------------------------------------- Title 129--Nebraska Air Quality Regulations ---------------------------------------------------------------------------------------------------------------- * * * * * * * 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. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * EPA-Approved Nebraska Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic area or State EPA approval date Explanation provision nonattainment area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (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). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-21018 Filed 8-26-15; 8:45 am] BILLING CODE 6560-50-P
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(b) meets the criteria of section 3(b)(2) In consideration of the foregoing, the ENVIRONMENTAL PROTECTION
requiring that all regulations be written NPS amends 36 CFR part 7 as set forth AGENCY
in clear language and contain clear legal below:
standards. 40 CFR Part 52
PART 7—SPECIAL REGULATIONS,
Consultation With Indian tribes [EPA–R07–OAR–2015–0269; FRL–9933–04–
AREAS OF THE NATIONAL PARK Region 7]
(Executive Order 13175 and Department SYSTEM
Policy)
Partial Approval and Disapproval of Air
The Department of the Interior strives ■ 1. The authority for Part 7 continues Quality Implementation Plans;
to strengthen its government-to- to read as follows: Nebraska; Revision to the State
government relationship with Indian Authority: 54 U.S.C. 100101, 100751, Implementation Plan (SIP)
Tribes through a commitment to 320102; Sec. 7.96 also issued under D.C. Infrastructure Requirements for the
consultation with Indian Tribes and Code 10–137 and D.C. Code 50–2201.07. 1997 and 2006 Fine Particulate Matter
recognition of their right to self- National Ambient Air Quality
governance and tribal sovereignty. We ■ 2. Amend § 7.17 by revising the Standards and the Revocation of the
have evaluated this rule under the section heading and adding paragraph PM10 Annual Standard and Adoption of
Department’s consultation policy and (b) to read as follows: the 24hr PM2.5 Standard
under the criteria in Executive Order § 7.17 Cuyahoga Valley National Park. AGENCY: Environmental Protection
13175 and have determined that it has * * * * * Agency.
no substantial direct effects on federally
(b) Bicycles. (1) The Superintendent ACTION: Final rule.
recognized Indian tribes and that
consultation under the Department’s may authorize bicycle use on all or SUMMARY: The Environmental Protection
tribal consultation policy is not portions of each of the following trails: Agency (EPA) is taking final action to
required. Affiliated Native American (i) East Rim (approximately 10 miles); partially approve and disapprove
tribes were contacted by letters sent in (ii) Old Carriage Connector Trail elements of a State Implementation Plan
June, 2012 and May, 2013 to solicit any (approximately 0.35 miles); and (SIP) submission from the State of
interests or concerns with the proposed Nebraska addressing the applicable
(iii) Highland Connector Trail
action. No responses were received by requirements of Clean Air Act (CAA)
(approximately 1.0 mile).
the Park. section 110 for the 1997 and 2006
(2) After trail construction is National Ambient Air Quality Standards
Paperwork Reduction Act (PRA) complete: (NAAQS) for fine particulate matter
This rule does not contain (i) To authorize bicycle use, the (PM2.5), which requires that each state
information collection requirements, Superintendent must make a written adopt and submit a SIP to support
and a submission to the Office of determination that: implementation, maintenance, and
Management and Budget under the PRA (A) The trail is open for public use; enforcement of each new or revised
is not required. and NAAQS promulgated by EPA. These
SIPs are commonly referred to as
National Environmental Policy Act (B) Bicycle use is consistent with the ‘‘infrastructure’’ SIPs. The infrastructure
(NEPA) protection of the park area’s natural, requirements are designed to ensure that
scenic and aesthetic values, safety the structural components of each
We have prepared an environmental
considerations, and management state’s air quality management program
impact statement and have determined
objectives, and will not disturb wildlife are adequate to meet the state’s
that this rule will not have a significant
or park resources. responsibilities under the CAA.
effect on the quality of the human
environment under the NEPA of 1969. (ii) The Superintendent will provide Additionally, EPA is taking final action
The TMP/EIS for the Park and ROD that public notice of all such actions through approving the revocation of the coarse
included an evaluation of bicycling one or more of the methods listed in particulate matter (PM10) annual
within the proposed areas may be § 1.7 of this chapter. standard and adoption of the 24hr PM2.5
viewed online at http:// (3) The Superintendent may open or standard.
parkplanning.nps.gov/ close authorized trails, or portions DATES: This final rule is effective
cuyahogatrailplan. thereof, or impose conditions or September 28, 2015.
restrictions for bicycle use after taking ADDRESSES: EPA has established a
Effects on the Energy Supply (Executive
into consideration public health and docket for this action under Docket ID
Order 13211)
safety, natural and cultural resource No. EPA–R07–OAR–2015–0269. All
This rule is not a significant energy protection, and other management documents in the electronic docket are
action under the definition in Executive activities and objectives. listed in the http://www.regulations.gov
Order 13211. A statement of Energy (i) The Superintendent will provide index. Although listed in the index,
Effects is not required. public notice of all such actions through some information is not publicly
Drafting Information one or more of the methods listed in available, i.e., CBI or other information
§ 1.7 of this chapter. whose disclosure is restricted by statute.
The primary authors of this regulation (ii) Violating a closure, condition, or Certain other material, such as
are Lynn Garrity, and Kim Norley, restriction is prohibited. copyrighted material, will be publicly
Cuyahoga Valley National Park, and C. available only in hard copy. Publicly
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Rose Wilkinson and A.J. North, NPS Dated: July 31, 2015. available docket materials are available
Regulations Program, Washington, DC. Michael Bean, either electronically at http://
Principal Deputy Assistant Secretary for Fish www.regulations.gov or at U.S.
List of Subjects in 36 CFR Part 7 and Wildlife and Parks. Environmental Protection Agency,
National Parks, Reporting and [FR Doc. 2015–21198 Filed 8–26–15; 8:45 am] Region 7, 11201 Renner Boulevard,
recordkeeping requirements. BILLING CODE 4310–EJ–P Lenexa, Kansas 66219 from 8:00 a.m. to
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the Federal Register. A major rule List of Subjects in 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq.
cannot take effect until 60 days after it Environmental protection, Air
is published in the Federal Register. Subpart CC—Nebraska
pollution control, Incorporation by
This action is not a ‘‘major rule’’ as reference, Intergovernmental relations,
defined by 5 U.S.C. 804(2). Particulate matter, Reporting and ■ 2. Amend § 52.1420 by:
Under section 307(b)(1) of the CAA, recordkeeping requirements. ■ a. Under paragraph (c) in the table
petitions for judicial review of this Dated: August 17, 2015. entitled ‘‘EPA-Approved Nebraska
action must be filed in the United States Mark Hague, Regulations’’, revising the entry for
Court of Appeals for the appropriate Acting Regional Administrator, Region 7. ‘‘129–4’’; and
circuit by October 26, 2015. Filing a ■ b. Under paragraph (e), in the table
For the reasons stated in the
petition for reconsideration by the entitled ‘‘EPA-Approved Nebraska
preamble, EPA amends 40 CFR part 52
Administrator of this final rule does not as set forth below: Nonregulatory Provisions’’, adding an
affect the finality of this action for the entry for (30) in numerical order.
■ Chapter I, title 40 of the Code of
purposes of judicial review nor does it
Federal Regulations is amended as The revisions and additions read as
extend the time within which a petition
follows: follows:
for judicial review may be filed, and
shall not postpone the effectiveness of PART 52—APPROVAL AND § 52.1420 Identification of plan.
such rule or action. This action may not PROMULGATION OF * * * * *
be challenged later in proceedings to IMPLEMENTATION PLANS
enforce its requirements. (See section (c) * * *
307(b)(2)). ■ 1. The authority citation for part 52
continues to read as follows:
EPA-APPROVED NEBRASKA REGULATIONS
State effective
Nebraska citation Title EPA approval date Explanation
date
STATE OF NEBRASKA
Department of Environmental Quality
Title 129—Nebraska Air Quality Regulations
* * * * * * *
129–4 ............................. Ambient Air Quality 8/18/08 8/27/2015 and insert This revision to Chapter 4 repeals the annual
Standards. Federal Register National Ambient Air Quality Standard
page number where (NAAQS) for PM10 and adopts the Federal
the document begins. 24-hour NAAQS for PM2.5. The standard was
reduced from 65 to 35 micrograms per cubic
meter by EPA on December 18, 2006.
* * * * * * *
* * * * * (e) * * *
EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS
Applicable geographic
Name of nonregulatory State submittal
area or nonattainment EPA approval date Explanation
SIP provision date
area
* * * * * * *
(30) Section 110(a)(2) Statewide ..................... 4/3/08 8/27/2015 and [Insert This action addresses the following CAA ele-
Infrastructure Require- 8/29/11 Federal Register ci- ments 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii),
ments for the 1997 tation]. (E), (F), (G), (H), (J), (K), (L), and (M).
and 2006 PM2.5
NAAQS.
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Document Created: 2015-12-15 10:53:02
Document Modified: 2015-12-15 10:53:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective September 28, 2015. | |
| 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- | |
| FR Citation | 80 FR 51952 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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