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)

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, 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]


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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.

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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
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                                                                               State
 Name of nonregulatory SIP provision      Applicable geographic area or      submittal      EPA approval date                   Explanation
                                                nonattainment area              date
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                                                                      * * * * * * *
(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.
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[FR Doc. 2015-33301 Filed 1-8-16; 8:45 am]
 BILLING CODE 6560-50-P