81_FR_1128 81 FR 1122 - Approval of Nebraska's Air Quality State Implementation Plan (SIP); Infrastructure SIP Requirements for the 2008 Ozone National Ambient Air Quality Standard in Regards to Section 110(a)(2)(D)(i)(I)-Prongs 1 and 2

81 FR 1122 - Approval of Nebraska's Air Quality State Implementation Plan (SIP); Infrastructure SIP Requirements for the 2008 Ozone National Ambient Air Quality Standard in Regards to Section 110(a)(2)(D)(i)(I)-Prongs 1 and 2

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 6 (January 11, 2016)

Page Range1122-1124
FR Document2015-33301

The Environmental Protection Agency (EPA) is taking 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 2008 National Ambient Air Quality Standards (NAAQS) for Ozone (O<INF>3</INF>). CAA section 110 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. Specifically, EPA is approving Nebraska's SIP as it relates to section 110 (a)(2)(D)(i)(I) prongs 1 and 2, for the 2008 O<INF>3</INF> NAAQS.

Federal Register, Volume 81 Issue 6 (Monday, January 11, 2016)
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Rules and Regulations]
[Pages 1122-1124]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-33301]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0710; FRL-9941-04-Region 7]


Approval of Nebraska's Air Quality State Implementation Plan 
(SIP); Infrastructure SIP Requirements for the 2008 Ozone National 
Ambient Air Quality Standard in Regards to Section 110(a)(2)(D)(i)(I)--
Prongs 1 and 2

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking 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 2008 National 
Ambient Air Quality Standards (NAAQS) for Ozone (O3). CAA 
section 110 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. Specifically, EPA is approving Nebraska's SIP as it 
relates to section 110 (a)(2)(D)(i)(I) prongs 1 and 2, for the 2008 
O3 NAAQS.

DATES: This final rule is effective on February 10, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0710. All documents in the docket are listed on 
the http://www.regulations.gov Web site. 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, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available electronically at 
www.regulations.gov and at EPA Region 7, 11201 Renner Boulevard, 
Lenexa, Kansas 66219. Please schedule an appointment during normal 
business hours with the contact listed in the FOR FURTHER INFORMATION 
CONTACT section. For additional information and general guidance, 
please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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; 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 November 16, 2015 (80 FR 70721), EPA published a notice of 
proposed rulemaking (NPR) for the State of Nebraska. The NPR proposed 
approval 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. Specifically, the NPR proposed approval of section 110 
(a)(2)(D)(i)(I) prongs 1 and 2, for 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. On September 15, 
2015 (80 FR 55266) EPA approved 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, and disapproved section 
110(a)(2)(D)(i)(II)- prong 4, as it relates to the protection of 
visibility. At that time, EPA did not take action on section 
110(a)(2)(D)(i)(I)- prongs 1 and 2. Specific requirements of section 
110(a)(2)(D)(i)(I)- prongs 1 and 2 of the CAA and the rationale for 
EPA's proposed action to approve these specific provisions of the SIP 
submission, not previously acted on, is explained in the NPR and will 
not be restated here. The public comment period for the notice of 
proposed rulemaking (NPR) closed on December 16, 2015. EPA received no 
comments on the NPR.

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 
section 110(a)(2)(D)(i)(I)--prongs 1 and 2, which are necessary to 
implement, maintain, and enforce the 2008 O3 NAAQS, as a 
revision to the Nebraska SIP. As EPA noted in the NPR, this final 
action fulfills EPA's commitment to take final action as to Nebraska's 
SIP submission addressing 110(a)(2)(D)(i)(I), as set forth by the court 
in Sierra Club v. McCarthy, 4:14-cv-05091-YGR (N.D. Cal. May 15, 2015).

IV. Statutory and Executive Order Review

    Under the CAA the Administrator is required to approve a SIP 
submission

[[Page 1123]]

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 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 March 11, 2016. 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: December 22, 2015.
Mark Hague,
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. In Sec.  52.1420(e), the table is amended by adding entry (31) to 
read as follows:


Sec.  52.1420  Identification of Plan.

* * * * *
    (e) * * *

                                                     EPA--Approved Nebraska Nonregulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               State
 Name of nonregulatory SIP provision      Applicable geographic area or      submittal      EPA approval date                   Explanation
                                                nonattainment area              date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
(31) Section 110(a)(2) Infrastructure  Statewide..........................      2/11/13  1/11/2016 [Insert        [EPA-R07-OAR-2015-0710; 9941-04-Region
 Requirements for the 2008 O3 NAAQS.                                                      Federal Register         7] This action addresses the
                                                                                          citation].               following CAA elements:
                                                                                                                   110(a)(2)(D)(i) (I)--Prongs 1 and 2.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-33301 Filed 1-8-16; 8:45 am]
 BILLING CODE 6560-50-P



                                              1122               Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations

                                              the bridge to remain closed-to-                         Implementation Plan (SIP) submission                   I. Background
                                              navigation daily except that the bridge                 from the State of Nebraska addressing                     On November 16, 2015 (80 FR 70721),
                                              will open if at least four hours notice is              the applicable requirements of Clean Air               EPA published a notice of proposed
                                              given except Monday through Friday                      Act (CAA) section 110 for the 2008                     rulemaking (NPR) for the State of
                                              from 7 a.m.-8:30 a.m. and from 5 p.m.-                  National Ambient Air Quality Standards                 Nebraska. The NPR proposed approval
                                              6:30 p.m., daily. During the closure                    (NAAQS) for Ozone (O3). CAA section                    of Nebraska’s submission that provides
                                              period, the contractor will make every                  110 requires that each state adopt and                 the basic elements specified in section
                                              effort to minimize the delays to                        submit a SIP to support implementation,                110(a)(2) of the CAA, or portions
                                              mariners by opening the bridge with                     maintenance, and enforcement of each                   thereof, necessary to implement,
                                              less than four hour notice whenever                     new or revised NAAQS promulgated by                    maintain, and enforce the 2008 O3
                                              possible. However, the bridge is not                    EPA. These SIPs are commonly referred                  NAAQS. Specifically, the NPR proposed
                                              required to open with less than a four-                 to as ‘‘infrastructure’’ SIPs. The                     approval of section 110 (a)(2)(D)(i)(I)
                                              hour notice. Marine traffic, when                       infrastructure requirements are designed               prongs 1 and 2, for the 2008 O3 NAAQS.
                                              allowed to pass, should pass at the                     to ensure that the structural components
                                              slowest safe speed.                                                                                            II. Summary of SIP Revision
                                                                                                      of each state’s air quality management
                                                 Navigation on the waterway consists                  program are adequate to meet the state’s                  On February 11, 2013, EPA received
                                              of small tugs with and without tows,                    responsibilities under the CAA.                        a SIP submission from the state of
                                              commercial vessels, and recreational                    Specifically, EPA is approving                         Nebraska that addressed the
                                              craft, including sailboats.                             Nebraska’s SIP as it relates to section                infrastructure elements specified in
                                                 Vessels able to pass through the                     110 (a)(2)(D)(i)(I) prongs 1 and 2, for the            section 110(a)(2) for the 2008 O3
                                              bridge in the closed-to-navigation                      2008 O3 NAAQS.                                         NAAQS. On September 15, 2015 (80 FR
                                              position may do so at anytime. The                                                                             55266) EPA approved the following
                                              bridge will be able to open for                         DATES:This final rule is effective on                  infrastructure elements, or portions
                                              emergencies, and there is no immediate                  February 10, 2016.                                     thereof: 110(a)(2)(A), (B), (C), (D)(i)(II)
                                              alternate route. The Coast Guard will                   ADDRESSES:    EPA has established a                    (prong 3), (D)(ii), (E), (F), (G), (H), (J),
                                              also inform the users of the waterways                  docket for this action under Docket ID                 (K), (L), and (M) which are necessary to
                                              through our Local and Broadcast                         No. EPA–R07–OAR–2015–0710. All                         implement, maintain, and enforce the
                                              Notices to Mariners of the change in                    documents in the docket are listed on                  2008 O3 NAAQS, as a revision to the
                                              operating schedule for the bridge so that               the http://www.regulations.gov Web                     Nebraska SIP, and disapproved section
                                              vessels can arrange their transits to                                                                          110(a)(2)(D)(i)(II)- prong 4, as it relates
                                                                                                      site. Although listed in the index, some
                                              minimize any impact caused by the                                                                              to the protection of visibility. At that
                                                                                                      information is not publicly available,
                                              temporary deviation.                                                                                           time, EPA did not take action on section
                                                                                                      i.e., CBI or other information whose
                                                 In accordance with 33 CFR 117.35(e),                                                                        110(a)(2)(D)(i)(I)- prongs 1 and 2.
                                                                                                      disclosure is restricted by statute.
                                              the drawbridge must return to its regular                                                                      Specific requirements of section
                                                                                                      Certain other material, such as                        110(a)(2)(D)(i)(I)- prongs 1 and 2 of the
                                              operating schedule immediately at the                   copyrighted material, is not placed on
                                              end of the effective period of this                                                                            CAA and the rationale for EPA’s
                                                                                                      the Internet and will be publicly                      proposed action to approve these
                                              temporary deviation. This deviation                     available only in hard copy form.
                                              from the operating regulations is                                                                              specific provisions of the SIP
                                                                                                      Publicly available docket materials are                submission, not previously acted on, is
                                              authorized under 33 CFR 117.35.                         available electronically at                            explained in the NPR and will not be
                                                Dated: January 5, 2016.                               www.regulations.gov and at EPA Region                  restated here. The public comment
                                              David M. Frank,                                         7, 11201 Renner Boulevard, Lenexa,                     period for the notice of proposed
                                              Bridge Administrator, Eighth Coast Guard                Kansas 66219. Please schedule an                       rulemaking (NPR) closed on December
                                              District.                                               appointment during normal business                     16, 2015. EPA received no comments on
                                              [FR Doc. 2016–00268 Filed 1–8–16; 8:45 am]              hours with the contact listed in the FOR               the NPR.
                                              BILLING CODE 9110–04–P                                  FURTHER INFORMATION CONTACT section.
                                                                                                      For additional information and general                 III. Final Action
                                                                                                      guidance, please visit http://                            EPA is approving Nebraska’s February
                                              ENVIRONMENTAL PROTECTION                                www2.epa.gov/dockets/commenting-                       11, 2013, submission addressing the
                                              AGENCY                                                  epa-dockets.                                           requirements of the CAA sections
                                                                                                                                                             110(a)(1) and (2) as applicable to the
                                                                                                      FOR FURTHER INFORMATION CONTACT:  Mr.                  2008 O3 NAAQS. Specifically, EPA
                                              40 CFR Part 52
                                                                                                      Gregory Crable, Air Planning and                       approves section 110(a)(2)(D)(i)(I)—
                                              [EPA–R07–OAR–2015–0710; FRL–9941–04–                    Development Branch, U.S.
                                              Region 7]
                                                                                                                                                             prongs 1 and 2, which are necessary to
                                                                                                      Environmental Protection Agency,                       implement, maintain, and enforce the
                                                                                                      Region 7, 11201 Renner Boulevard,                      2008 O3 NAAQS, as a revision to the
                                              Approval of Nebraska’s Air Quality                      Lenexa, KS 66219; telephone number:
                                              State Implementation Plan (SIP);                                                                               Nebraska SIP. As EPA noted in the NPR,
                                                                                                      (913) 551–7391; email address:                         this final action fulfills EPA’s
                                              Infrastructure SIP Requirements for                     crable.gregory@epa.gov.
                                              the 2008 Ozone National Ambient Air                                                                            commitment to take final action as to
                                              Quality Standard in Regards to Section                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                             Nebraska’s SIP submission addressing
                                              110(a)(2)(D)(i)(I)—Prongs 1 and 2                       Throughout this document, the terms                    110(a)(2)(D)(i)(I), as set forth by the
                                                                                                                                                             court in Sierra Club v. McCarthy, 4:14–
                                                                                                      ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. This
ebenthall on DSK6SPTVN1PROD with RULES




                                              AGENCY:  Environmental Protection                                                                              cv–05091–YGR (N.D. Cal. May 15,
                                              Agency (EPA).                                           section provides additional information
                                                                                                                                                             2015).
                                                                                                      by addressing the following:
                                              ACTION: Final rule.
                                                                                                      I. Background                                          IV. Statutory and Executive Order
                                              SUMMARY:  The Environmental Protection                  II. Summary of SIP Revision                            Review
                                              Agency (EPA) is taking final action to                  III. Final Action                                        Under the CAA the Administrator is
                                              approve elements of a State                             IV. Statutory and Executive Order Review               required to approve a SIP submission


                                         VerDate Sep<11>2014   21:23 Jan 14, 2016   Jkt 238001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\11JAR1.SGM   11JAR1


                                                                 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations                                                  1123

                                              that complies with the provisions of the                  Act of 1995 (15 U.S.C. 272 note) because               circuit by March 11, 2016. Filing a
                                              Act and applicable Federal regulations.                   application of those requirements would                petition for reconsideration by the
                                              42 U.S.C. 7410(k); 40 CFR 52.02(a).                       be inconsistent with the Clean Air Act;                Administrator of this final rule does not
                                              Thus, in reviewing SIP submissions,                       and                                                    affect the finality of this action for the
                                              EPA’s role is to approve state choices,                      • Does not provide EPA with the                     purposes of judicial review nor does it
                                              provided that they meet the criteria of                   discretionary authority to address, as                 extend the time within which a petition
                                              the CAA. Accordingly, this action                         appropriate, disproportionate human                    for judicial review may be filed, and
                                              merely approves state law as meeting                      health or environmental effects, using                 shall not postpone the effectiveness of
                                              Federal requirements and does not                         practicable and legally permissible                    such rule or action. This action may not
                                              impose additional requirements beyond                     methods, under Executive Order 12898                   be challenged later in proceedings to
                                              those imposed by state law. For that                      (59 FR 7629, February 16, 1994).                       enforce its requirements. (See section
                                              reason, this action:                                         The SIP is not approved to apply on                 307(b)(2)).
                                                 • Is not a significant regulatory action               any Indian reservation land or in any
                                              subject to review by the Office of                        other area where EPA or an Indian tribe                List of Subjects in 40 CFR Part 52
                                              Management and Budget under                               has demonstrated that a tribe has
                                                                                                                                                                 Environmental protection, Air
                                              Executive Orders 12866 (58 FR 51735,                      jurisdiction. In those areas of Indian
                                                                                                                                                               pollution control, Incorporation by
                                              October 4, 1993) and 13563 (76 FR 3821,                   country, the rule does not have tribal
                                                                                                                                                               reference, Intergovernmental relations,
                                              January 21, 2011);                                        implications and will not impose
                                                                                                                                                               Ozone, Reporting and recordkeeping
                                                 • Does not impose an information                       substantial direct costs on tribal
                                                                                                                                                               requirements.
                                              collection burden under the provisions                    governments or preempt tribal law as
                                              of the Paperwork Reduction Act (44                        specified by Executive Order 13175 (65                   Dated: December 22, 2015.
                                              U.S.C. 3501 et seq.);                                     FR 67249, November 9, 2000).                           Mark Hague,
                                                 • Is certified as not having a                            The Congressional Review Act, 5                     Regional Administrator, Region 7.
                                              significant economic impact on a                          U.S.C. 801 et seq., as added by the Small
                                              substantial number of small entities                      Business Regulatory Enforcement                          For the reasons stated in the
                                              under the Regulatory Flexibility Act (5                   Fairness Act of 1996, generally provides               preamble, EPA amends 40 CFR part 52
                                              U.S.C. 601 et seq.);                                      that before a rule may take effect, the                as set forth below:
                                                 • Does not contain any unfunded                        agency promulgating the rule must
                                              mandate or significantly or uniquely                      submit a rule report, which includes a                 PART 52—APPROVAL AND
                                              affect small governments, as described                    copy of the rule, to each House of the                 PROMULGATION OF
                                              in the Unfunded Mandates Reform Act                       Congress and to the Comptroller General                IMPLEMENTATION PLANS
                                              of 1995 (Pub. L. 104–4);                                  of the United States. EPA will submit a
                                                 • Does not have Federalism                             report containing this action and other                ■ 1. The authority citation for part 52
                                              implications as specified in Executive                    required information to the U.S. Senate,               continues to read as follows:
                                              Order 13132 (64 FR 43255, August 10,                      the U.S. House of Representatives, and
                                              1999);                                                    the Comptroller General of the United                      Authority: 42 U.S.C. 7401 et seq.
                                                 • Is not an economically significant                   States prior to publication of the rule in
                                                                                                                                                               Subpart CC—Nebraska
                                              regulatory action based on health or                      the Federal Register. A major rule
                                              safety risks subject to Executive Order                   cannot take effect until 60 days after it
                                              13045 (62 FR 19885, April 23, 1997);                      is published in the Federal Register.                  ■ 2. In § 52.1420(e), the table is
                                                 • Is not a significant regulatory action               This action is not a ‘‘major rule’’ as                 amended by adding entry (31) to read as
                                              subject to Executive Order 13211 (66 FR                   defined by 5 U.S.C. 804(2).                            follows:
                                              28355, May 22, 2001);                                        Under section 307(b)(1) of the CAA,                 § 52.1420    Identification of Plan.
                                                 • Is not subject to requirements of                    petitions for judicial review of this
                                              Section 12(d) of the National                             action must be filed in the United States              *       *     *     *     *
                                              Technology Transfer and Advancement                       Court of Appeals for the appropriate                       (e) * * *
                                                                                         EPA—APPROVED NEBRASKA NONREGULATORY PROVISIONS
                                                                        Applicable geographic             State
                                               Name of nonregula-       area or nonattainment           submittal        EPA approval date                                 Explanation
                                                tory SIP provision               area                     date


                                                        *                      *                         *                         *                    *                    *               *
                                              (31) Section              Statewide ...................        2/11/13     1/11/2016 [Insert       [EPA–R07–OAR–2015–0710; 9941–04–Region 7] This ac-
                                                110(a)(2) Infra-                                                           Federal Register        tion   addresses     the    following CAA  elements:
                                                structure Require-                                                         citation].              110(a)(2)(D)(i) (I)—Prongs 1 and 2.
                                                ments for the
                                                2008 O3 NAAQS.
ebenthall on DSK6SPTVN1PROD with RULES




                                              [FR Doc. 2015–33301 Filed 1–8–16; 8:45 am]
                                              BILLING CODE 6560–50–P




                                         VerDate Sep<11>2014   21:23 Jan 14, 2016   Jkt 238001    PO 00000   Frm 00009    Fmt 4700   Sfmt 4700   E:\FR\FM\11JAR1.SGM   11JAR1


                                              1124               Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations

                                              ENVIRONMENTAL PROTECTION                                contact Mr. D. Brad Akers, Air                         Company (WEPCO) Rule); (2)
                                              AGENCY                                                  Regulatory Management Section, Air                     ‘‘Prevention of Significant Deterioration
                                                                                                      Planning and Implementation Branch,                    (PSD) and Nonattainment New Source
                                              40 CFR Part 52                                          Pesticides and Toxics Management                       Review (NSR): Baseline Emissions
                                              [EPA–R04–OAR–2012–0079; FRL–9940–89–                    Division, Region 4, U.S. Environmental                 Determination, Actual-to-Future-Actual
                                              Region 4]                                               Protection Agency, 61 Forsyth Street                   Methodology, Plantwide Applicability
                                                                                                      SW., Atlanta, Georgia 30303–8960. Mr.                  Limitations, Clean Units, Pollution
                                              Air Plan Approval; Alabama:                             Akers can be reached by telephone at                   Control Projects,’’ Final Rule, 67 FR
                                              Nonattainment New Source Review                         (404) 562–9089 or via electronic mail at               80186 (December 31, 2002) (hereafter
                                                                                                      akers.brad@epa.gov. For information                    referred to as the NSR Reform Rule); (3)
                                              AGENCY:  Environmental Protection
                                                                                                      regarding NSR, contact Ms. Yolanda                     ‘‘Prevention of Significant Deterioration
                                              Agency (EPA).
                                                                                                      Adams, Air Permits Section, at the same                (PSD) and Non-Attainment New Source
                                              ACTION: Final rule.                                     address above. Telephone number: (404)                 Review (NSR): Reconsideration,’’ Final
                                              SUMMARY:   The Environmental Protection                 562–9214; email address:                               Rule, 68 FR 63021 (November 7, 2003)
                                              Agency (EPA) is taking final action to                  adams.yolanda@epa.gov.                                 (hereafter referred to as the
                                              approve portions of a revision to the                   SUPPLEMENTARY INFORMATION:                             Reconsideration Rule); (4) ‘‘Prevention
                                              Alabama State Implementation Plan                                                                              of Significant Deterioration (PSD) and
                                                                                                      I. Background                                          Non-Attainment New Source Review
                                              (SIP) submitted by the Alabama
                                              Department of Environmental                                EPA is taking final action to approve               (NSR): Removal of Vacated Elements,’’
                                              Management (ADEM) to EPA on May 2,                      the portion of Alabama’s May 2, 2011,                  Final Rule, 72 FR 32526 (June 13, 2007)
                                              2011. The SIP revision modifies                         SIP revision that makes changes to                     (hereafter referred to as the Vacated
                                              Alabama’s nonattainment new source                      Alabama’s NNSR program, set forth at                   Elements Rule); (4) ‘‘Prevention of
                                              review (NNSR) regulations in their                      ADEM Administrative Code, Division 3,                  Significant Deterioration and
                                              entirety to be consistent with the federal              Chapter 14, Subchapter .05 (ADEM Rule                  Nonattainment New Source Review:
                                              new source review (NSR) regulations for                 335–3–14–.05), which applies to the                    Reasonable Possibility in
                                              the implementation of the criteria                      construction and modification of any                   Recordkeeping,’’ Final Rule, 72 FR
                                              pollutant national ambient air quality                  major stationary source in or near a                   72607 (December 21, 2007), (hereafter
                                              standards (NAAQS). EPA is approving                     nonattainment area (NAA) as required                   referred to as the Reasonable Possibility
                                              portions of the NNSR rule changes in                    by part D of title I of the CAA.                       Rule); (5) ‘‘Final Rule To Implement the
                                              Alabama’s May 2, 2011, SIP revision                     Alabama’s NNSR regulations at ADEM                     8-Hour Ozone National Ambient Air
                                              because the Agency has determined that                  Rule 335–3–14–.05 were originally                      Quality Standard—Phase 2; Final Rule
                                              the changes are consistent with the                     approved into the SIP on November 26,                  To Implement Certain Aspects of the
                                              Clean Air Act (CAA or Act) and federal                  1979 (see 44 FR 67375), with periodic                  1990 Amendments Relating to New
                                                                                                      revisions approved through December 8,                 Source Review and Prevention of
                                              regulations regarding NNSR permitting.
                                                                                                      2000 (see 65 FR 76938). Alabama’s May                  Significant Deterioration as They Apply
                                              DATES: This rule will be effective
                                                                                                      2, 2011, SIP revision modifies the                     in Carbon Monoxide, Particulate Matter
                                              February 10, 2016.                                      State’s NNSR regulations in their                      and Ozone NAAQS; Final Rule for
                                              ADDRESSES: EPA has established a                        entirety 1 with a new version that                     Reformulated Gasoline,’’ Final Rule, 70
                                              docket for this action under Docket                     reflects changes to the federal NNSR                   FR 71612 (November 29, 2005)
                                              Identification No. EPA–R04–OAR–                         regulations at 40 Code of Federal                      (hereafter referred to as the Phase 2
                                              2012–0079. All documents in the docket                  Regulations (CFR) 51.165,2 including                   Rule); (6) ‘‘Implementation of the New
                                              are listed on the www.regulations.gov                   provisions promulgated in the following                Source Review (NSR) Program for
                                              Web site. Although listed in the index,                 federal rules: (1) ‘‘Requirements for                  Particulate Matter Less Than 2.5
                                              some information is not publicly                        Preparation, Adoption and Submittal of                 Micrometers (PM2.5),’’ Final Rule, 73 FR
                                              available, i.e., Confidential Business                  Implementation Plans; Approval and                     28321 (May 16, 2008) (hereafter referred
                                              Information or other information whose                  Promulgation of Implementation Plans;                  to as the NSR PM2.5 Rule); (7)
                                              disclosure is restricted by statute.                    Standards of Performance for New                       ‘‘Prevention of Significant Deterioration
                                              Certain other material, such as                         Stationary Sources,’’ Final Rule, 57 FR                (PSD) for Particulate Matter Less Than
                                              copyrighted material, is not placed on                  32314 (July 21, 1992) (hereafter referred              2.5 Micrometers (PM2.5)—Increments,
                                              the Internet and will be publicly                       to as the Wisconsin Electric Power                     Significant Impact Levels (SILs) and
                                              available only in hard copy form.
                                                                                                                                                             Significant Monitoring Concentration
                                              Publicly available docket materials are                    1 Some portions of the 2011 version of the
                                                                                                                                                             (SMC),’’ Final Rule, 75 FR 64864
                                              available either electronically through                 regulations now being approved were previously
                                                                                                      approved by EPA. These portions remain the same        (October 20, 2010) (hereafter referred to
                                              www.regulations.gov or in hard copy at
                                                                                                      in substance but may have undergone                    as the PM2.5 PSD Increments-SILs-SMC
                                              the Air Regulatory Management Section,                  administrative updates and renumbering in the          Rule 3); and (8) ‘‘Prevention of
                                              Air Planning and Implementation                         2011 version.
                                                                                                                                                             Significant Deterioration (PSD) and
                                              Branch, Air, Pesticides and Toxics                         2 EPA’s regulations governing the implementation

                                                                                                      of NSR permitting programs are contained in 40         Nonattainment New Source Review
                                              Management Division, U.S.
                                                                                                      CFR 51.160–51.166; 52.21, 52.24; and part 51,          (NSR): Reconsideration of Inclusion of
                                              Environmental Protection Agency,                        appendix S. The CAA NSR program is composed            Fugitive Emissions; Interim Rule; Stay
                                              Region 4, 61 Forsyth Street SW.,                        of three separate programs: PSD, NNSR, and Minor
                                                                                                      NSR. PSD is established in part C of title I of the    and Revisions’’, Interim Rule, 76 FR
                                              Atlanta, Georgia 30303–8960. EPA
                                                                                                      CAA and applies in areas that meet the NAAQS—          17548 (March 30, 2011) (hereafter
                                              requests that if at all possible, you                   ‘‘attainment areas’’—as well as areas where there is   referred to as the Fugitive Emissions
                                              contact the person listed in the FOR                    insufficient information to determine if the area      Interim Rule).
ebenthall on DSK6SPTVN1PROD with RULES




                                              FURTHER INFORMATION CONTACT section to                  meets the NAAQS—‘‘unclassifiable areas.’’ The
                                              schedule your inspection. The Regional                  NNSR program is established in part D of title I of
                                                                                                      the CAA and applies in areas that are not in             3 The D.C. Circuit vacated the portions of the
                                              Office’s official hours of business are                 attainment of the NAAQS—‘‘nonattainment areas.’’       PM2.5 PSD Increment-SILs-SMC Rule addressing the
                                              Monday through Friday 8:30 a.m. to                      The Minor NSR program addresses construction or        SMC and SILs (and remanded the SILs portion to
                                              4:30 p.m., excluding Federal holidays.                  modification activities that do not qualify as         EPA for further consideration) for PSD, but left the
                                                                                                      ‘‘major’’ and applies regardless of the designation    PM2.5 SILs in place for the NSR program in the table
                                              FOR FURTHER INFORMATION CONTACT: For                    of the area in which a source is located. Together,    in § 51.165(b)(2). See Sierra Club v. EPA, 705 F.3d
                                              information regarding the Alabama SIP,                  these programs are referred to as the NSR programs.    458 (D.C. Cir. 2013).



                                         VerDate Sep<11>2014   21:23 Jan 14, 2016   Jkt 238001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\11JAR1.SGM   11JAR1



Document Created: 2016-01-16 01:07:17
Document Modified: 2016-01-16 01:07:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on February 10, 2016.
ContactMr. 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 Citation81 FR 1122 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR