83 FR 14179 - Approval of Nebraska Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide and Sulfur Dioxide and the 2012 Fine Particulate Matter National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 64 (April 3, 2018)

Page Range14179-14183
FR Document2018-06654

The Environmental Protection Agency (EPA) is taking final action to approve certain elements of State Implementation Plan (SIP) submissions from the State of Nebraska for the 2010 Nitrogen Dioxide (NO<INF>2</INF>) and Sulfur Dioxide (SO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS) and the 2012 Fine Particulate Matter (PM<INF>2.5</INF>) NAAQS. States are required to have a SIP that provides for the implementation, maintenance, and enforcement of the NAAQS. Whenever EPA promulgates a new or revised NAAQS, states are required to make a SIP submission to establish that they have, or to add, the provisions necessary to address various requirements to address the new or revised NAAQS. 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 Clean Air Act (CAA).

Federal Register, Volume 83 Issue 64 (Tuesday, April 3, 2018)
[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Rules and Regulations]
[Pages 14179-14183]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06654]



[[Page 14179]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0477; FRL-9976-09--Region 7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve certain elements of State Implementation Plan (SIP) 
submissions from the State of Nebraska for the 2010 Nitrogen Dioxide 
(NO2) and Sulfur Dioxide (SO2) National Ambient 
Air Quality Standards (NAAQS) and the 2012 Fine Particulate Matter 
(PM2.5) NAAQS. States are required to have a SIP that 
provides for the implementation, maintenance, and enforcement of the 
NAAQS. Whenever EPA promulgates a new or revised NAAQS, states are 
required to make a SIP submission to establish that they have, or to 
add, the provisions necessary to address various requirements to 
address the new or revised NAAQS. 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 Clean Air Act (CAA).

DATES: This final rule is effective on May 3, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2017-0477. All documents in the docket are listed on 
the https://www.regulations.gov website. 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 through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

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

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

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

I. Background

    EPA received Nebraska's infrastructure SIP submissions addressing 
the 2010 NO2 NAAQS, the 2010 SO2 
NAAQS, and the 2012 PM2.5 NAAQS.\1\ On September 20, 2017, 
EPA proposed to approve certain elements of these infrastructure SIP 
submissions from the State of Nebraska. See 82 FR 43926. In conjunction 
with the September 20, 2017, notice of proposed rulemaking (NPR), EPA 
issued a direct final rule (DFR) approving the same elements of the 
2010 NO2, 2010 SO2, and 2012 PM2.5 
NAAQS infrastructure SIP submissions. See 82 FR 43848. However, in the 
DFR, EPA stated that if EPA received adverse comments by October 20, 
2017, the action would be withdrawn and not take effect. EPA received 
one set of adverse comments prior to the close of the comment period. 
EPA withdrew the DFR on November 17, 2017. See 82 FR 54299. This action 
is a final rule based on the NPR. A detailed discussion of Nebraska's 
SIP submissions and EPA's rationale for approving the SIP submissions 
were provided in the DFR and the associated Technical Support Document 
(TSD) in the docket for this rulemaking and will not be restated here, 
except to the extent relevant to our response to the adverse public 
comment we received.
---------------------------------------------------------------------------

    \1\ The EPA received the 2010 NO2 infrastructure 
submission on February 7, 2013, the 2010 SO2 
infrastructure submission on August 22, 2013, and the 2012 
PM2.5 infrastructure submission on February 22, 2016.
---------------------------------------------------------------------------

II. What is being addressed in this document?

    EPA is taking final action to approve the infrastructure 
submissions as meeting the applicable submission requirements section 
110(a)(1). EPA is approving certain elements of the 2010 NO2 
and SO2 infrastructure SIP submissions from the State of 
Nebraska received on February 7, 2013, and August 22, 2013, 
respectively. EPA is also taking action to approve certain elements of 
the 2012 PM2.5 infrastructure submission received on 
February 22, 2016. Specifically, in regard to the 2010 NO2 
NAAQS, EPA is approving, the following SIP submission elements related 
to CAA section 110(a)(2): (A) through (C), (D)(i)(I)--Prongs 1 and 2, 
(D)(i)(II)--prong 3, (D)(ii), (E) through (H), and (J) through (M).
    Regarding the 2010 SO2 and 2012 PM2.5 NAAQS, 
EPA is approving the State's SIP submission addressing the following 
infrastructure elements of section 110(a)(2): (A) through (C), (D) (i) 
(II)--Prong 3, (D) (ii), (E) through (H), and (J) through (M). As 
discussed in the TSD, EPA is not acting, at this time, on section 
110(a)(2)(D)(i)(I)-- prongs 1 and 2, as it relates to the 2010 
SO2 NAAQS as those elements were not part of the state SIP 
submission. Section 110(a)(2)(D)(i)(I)--prongs 1 and 2, as it relates 
to the 2012 PM2.5 NAAQS, were included in the state SIP 
submission. The EPA intends to act on section 110(a)(2)(D)(i)(I)--
prongs 1 and 2, as it relates to the 2012 PM2.5 NAAQS in a 
subsequent rulemaking action.
    Regarding the 2010 NO2 and SO2 and the 2012 
PM2.5 infrastructure submissions and as explained in the 
TSD, EPA is not acting, at this time, on section 110(a)(2)(D)(i)(II)--
prong 4.
    As noted, a TSD is included as part of the docket to discuss the 
details of this action.

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

    The state has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. A public comment period 
was held for the NO2 infrastructure SIP from December 27, 
2012, to January 28, 2013. The only comments were from the EPA, and the 
infrastructure SIP submission was revised to address the comments. A 
public hearing was held on January 28, 2013.
    The state held a public comment period for the SO2 
infrastructure SIP from April 25, 2013, to May 28, 2013. NDEQ received 
comments from the Sierra Club on May 28, 2013. The state addressed the 
Sierra Club's comments with no revisions to its proposed SIP. A public 
hearing was held on May 27, 2013.
    A public comment period was held for the PM2.5 
infrastructure SIP from

[[Page 14180]]

November 23, 2015, to December 29, 2015. A public hearing was held on 
December 29, 2015. No comments were received.
    All three submissions satisfied the completeness criteria of 40 CFR 
part 51, appendix V. As explained in more detail in the TSD, which is 
part of this docket, the revisions meet the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

IV. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened September 
20, 2017 the date of its publication in the Federal Register and closed 
on October 20, 2017. During this period, EPA received one comment 
letter. No changes were made to the proposals in this final action 
after consideration of the adverse comments received.
    Comment 1: The commenter stated that with regard to 2010 
NO2 NAAQS, EPA has not shown that Nebraska is not 
significantly contributing to downwind problems due to interstate 
transport of NOX. The commenter specifically asserted that 
EPA should have addressed NOX emissions in Nebraska rather 
than only evaluated national level data, and that the lack of a 
requirement for near road monitors for phase 3 is not adequate to show 
no downwind issues. The commenter further contended that EPA must 
analyze all source categories including point sources and conduct 
modeling to show large point sources are not causing downwind 
contribution.
    Response 1: The EPA disagrees with the commenter's assertions. As 
an initial matter, the question of whether emissions from Nebraska 
significantly contribute to nonattainment or interfere with maintenance 
of the NAAQS in violation of section 110(a)(2)(D)(i)(I) depends on 
whether there are areas in downwind states having or expected to have 
trouble attaining or maintaining the NAAQS. In the EPA's TSD, the EPA 
analyzed a variety of data and determined that there were no downwind 
areas in other states with air quality concerns with respect to the 
2010 NO2 NAAQS. EPA cited several pieces of data to support 
this conclusion. EPA first explained that at the time of designations 
for NO2 in January of 2012, no areas of the country were 
violating the 2010 NO2 NAAQS. EPA further reviewed 
monitoring and emissions trends since the designations and identified 
no areas that are having problems attaining or maintaining the NAAQS. 
In fact, the highest NO2 near-road monitoring design value 
recorded in Colorado based on the most current available information at 
the time of publication of the proposed rule (e.g. 2013 to 2015 data) 
is 72 parts per billion (ppb). Based on the most current available, 
certified and quality assured information (e.g. 2014 to 2016 data), the 
highest NO2 near-road monitoring design value recorded in 
Colorado is 74 ppb. Both of these design values are well below the 2010 
NO2 NAAQS of 100 ppb. Thus, in the absence of any downwind 
air quality concerns, Nebraska cannot be found to contribute, let alone 
significantly contribute to downwind nonattainment or interfere with 
maintenance of the NAAQS. The commenter does not identify any flaws 
with EPA's assessment of the data.
    Thus, the commenter is incorrect to state that EPA only relied on 
the lack of near-road monitors in Nebraska in concluding that the state 
is in compliance with the requirements of section 110(a)(2)(D)(i)(I). 
Moreover, because neither EPA nor the commenter have identified any 
downwind air quality problems to which Nebraska could contribute, the 
EPA does not agree that it was necessary to evaluate the impact of 
individual point sources in Nebraska, via modeling or any other 
analyses, on air quality in other states.
    Finally, the commenter is incorrect in asserting that EPA failed to 
evaluate NOX emissions in Nebraska. In the TSD, EPA reviewed 
NOX emission trends in the state, which demonstrated that 
NOX emissions in Nebraska have followed a downward trend for 
2011 to 2016.
    EPA has demonstrated that Nebraska is not significantly 
contributing to downwind nonattainment or interfering with maintenance 
of the 2010 NO2 NAAQS. Therefore, the EPA disagrees with the 
commenter's assertions and will approve elements of 
110(a)(2)(D)(i)(I)--Prongs 1 and 2 for Nebraska's NO2 
infrastructure SIP submission.
    Comment 2: The commenter stated that with respect to the 
PM2.5 NAAQS, EPA does not have the discretion to ``act at a 
later date.'' In addition, the commenter states that EPA is mandated by 
statute to act within 18 months of the state's submission, and that 
since the state's submission was received in February 2016, EPA has 
failed to act in a timely manner and does not have the luxury of acting 
at a later date. If EPA cannot approve the state's plan, the EPA must 
disapprove.
    Response 2: EPA acknowledges the commenter's concern for the 
interstate transport of air pollutants. However, EPA disagrees with the 
commenter's argument that EPA cannot approve certain elements of an 
infrastructure SIP submission without also taking action on the 
elements related to interstate transport.
    EPA agrees with the commenter that it has an obligation to take 
action under section 110(k) on SIP submissions. However, EPA disagrees 
with the commenter's argument that the Agency cannot elect to act on 
individual parts or elements of a state's infrastructure SIP submission 
in separate rulemaking actions, as it deems appropriate. Section 
110(k)of the CAA authorizes EPA to approve a SIP submission in full, 
disapprove it in full, or approve it in part and disapprove it in part, 
or conditionally approve it in full or in part, depending on the extent 
to which such plan meets the requirements of the CAA. This authority to 
approve state SIP submissions in separable parts was included in the 
1990 Amendments to the CAA to overrule a decision in the Court of 
Appeals for the Ninth Circuit holding that EPA could not approve 
individual measures in a SIP submission without either approving or 
disapproving the plan as a whole. See S. Rep. No. 101-228, at 22, 1990 
U.S.C.C.A.N. 3385, 3408 (discussing the express overruling of 
Abramowitz v. EPA, 832 F.2d 1071 (9th Cir. 1987)).
    EPA interprets its authority under section 110(k) of the CAA as 
affording the Agency the discretion to approve, disapprove, or 
conditionally approve, individual elements of Nebraska's infrastructure 
SIP submission for the 2012 PM2.5 NAAQS. EPA views discrete 
infrastructure SIP requirements, such as the requirements of section 
110(a)(2)(D)(i)(I), as severable from other infrastructure SIP elements 
and interprets section 110(k) as allowing it to act on individual 
severable elements or requirements in a SIP submission. In short, EPA 
believes it has the discretion under section 110(k) of the CAA to act 
upon the various individual elements of the State's infrastructure SIP 
submission, separately or together, as appropriate. EPA will address 
the remaining elements of Nebraska's 2012 PM2.5 NAAQS, 
infrastructure SIP submission in a separate rulemaking action or 
actions.
    Comment 3: The commenter stated that with respect to the 
SO2 NAAQS, since the state has not submitted a plan with 
regards to interstate transport, EPA must make a finding of failure to 
submit. The commenter further stated that acting is on a SIP is not 
discretionary and that EPA had yet to act.
    Response 3: Please refer to Response 2. Additionally, in EPA's 
rulemaking proposing to approve Nebraska's infrastructure SIP for the 
2010 1-hour SO2 NAAQS, EPA stated that it was not

[[Page 14181]]

taking any action with respect to the good neighbor provisions in 
section 110(a)(2)(D)(i)(I) for this NAAQS. EPA understands the 
commenter's concern with respect to interstate transport. EPA will 
evaluate whether it is appropriate to make a finding of failure to 
submit in a separate action.
    Comment 4: The commenter stated that for all three NAAQS, EPA does 
not have the discretion to not act on prong 4 and must act within 18 
months of the state's submission. The commenter stated that EPA ``does 
not have the luxury'' of acting on a submission at a later date. If EPA 
cannot approve due to the state not having an approved Regional Haze 
SIP then EPA is required to disapprove.
    Response 4: Please refer to Response 2. EPA is not required to act 
on the prong 4 elements of Nebraska's 2010 NO2, 2010 
SO2, and 2012 PM2.5 infrastructure SIP 
submissions in this particular rulemaking. Like the elements of section 
110(a)(2)(D)(i)(I), prong 4 is severable from other infrastructure SIP 
elements and EPA interprets section 110(k) as allowing it to act on 
individual severable elements or requirements in a SIP submission.
    With respect to the comment on prong 4, although EPA's evaluation 
of a state's SIP submission can be related to the status of that 
state's regional haze program,\2\ Nebraska's regional haze program \3\ 
is not relevant here because EPA is not taking action on that element 
of Nebraska's 2010 NO2, 2010 SO2, and 2012 
PM2.5 infrastructure SIP submissions in this rulemaking.
---------------------------------------------------------------------------

    \2\ EPA's 2013 Guidance of Infrastructure State Implementation 
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 
110(a)(2) provides that ``[o]ne way in which prong 4 may be 
satisfied for any relevant NAAQS is through an air agency's 
confirmation in its infrastructure SIP submission that it has an 
approved regional haze SIP . . . .'' 2013 Guidance at 33, https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
    \3\ Federal Implementation Plan for Best Available Retrofit 
Technology Determination, 77 FR 40150 (July 6, 2012).
---------------------------------------------------------------------------

    Comment 5: Initially in comments 2 through 4, the commenter 
indicated that this was the commenter's official notice of intent to 
EPA for failure to perform its nondiscretionary duty to act on the 
state's submission with respect to element D(i)(II)--prong 4 for the 
2010 NO2, 2010 SO2, and 2012 PM2.5 
NAAQS, failure to perform its nondiscretionary duty to make a finding 
of failure to submit with respect to the interstate transport portions 
of SO2 NAAQS, and for failing to perform its 
nondiscretionary duty to act on the state's submission with regards to 
interstate transport of PM2.5.
    Response 5: A public comment submitted on a proposal does not 
constitute notice of intent to sue the Administrator for failure to 
perform a nondiscretionary duty. Clean Air Act section 304(b)(2) 
requires a 60-day notice of a civil action against the Administrator 
for an alleged failure to perform a non-discretionary duty to the 
Administrator. EPA's regulations require that service of notice to the 
Administrator ``shall be accomplished by certified mail addressed to 
the Administrator, Environmental Protection Agency, Washington, DC 
20460.'' 40 CFR 54.2(a). The commenter's public comment submitted via 
regulations.gov does not satisfy the regulatory requirements for 
notices of intent to file suit against the Administrator for failure to 
perform a non-discretionary duty.

V. What action is EPA taking?

    EPA is approving elements the infrastructure SIP submissions from 
Nebraska, which address the requirements of CAA sections 110(a)(1) and 
(2) as applicable to the 2010 NO2 and SO2 and 
2012 PM2.5 NAAQS. As stated in the above preamble, EPA is 
approving certain elements of the state's submission as meeting the 
submission requirements of section 110(a)(1) for all three submissions.
    Regarding the 2010 NO2 NAAQS, EPA is approving the 
following infrastructure elements of 110(a)(2): (A) through (C), 
(D)(i)(I)--Prongs 1 and 2, (D)(i)(II)--prong 3, (D)(ii), (E) through 
(H), and (J) through (M). As explained in the TSD, EPA intends to act 
on section 110(a)(2)(D)(i)(II)--prong 4, in a subsequent rulemaking.
    EPA is approving the following infrastructure elements of 110(a)(2) 
as it relates to the 2010 SO2 and the 2012 PM2.5 
NAAQS: (A) through (C), (D) (i) (II)--Prong 3, (D) (ii), (E) through 
(H), and (J) through (M). As discussed in the TSD, EPA intends to act 
on section 110(a)(2)(D)(i)(II)--prong 4, in a subsequent rulemaking and 
is not acting at this time on section 110(a)(2)(D)(i)(I)--prongs 1 and 
2, for both the 2010 SO2 and 2012 PM2.5 NAAQS.
    Based upon review of the state's infrastructure SIP submissions for 
the 2010 NO2 and SO2 NAAQS as well as the 2012 
PM2.5 NAAQS, and relevant statutory and regulatory 
authorities and provisions referenced in the submissions or referenced 
in Nebraska's SIP, EPA believes that Nebraska has the infrastructure to 
address all applicable required elements of sections 110(a)(1) and (2) 
(except otherwise noted) to ensure that the 2010 NO2 and 
SO2 NAAQS and the 2012 PM2.5 NAAQS are 
implemented in the state.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (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

[[Page 14182]]

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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 June 4, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 15, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart CC--Nebraska

0
2. Amend Sec.  52.1420(e) by adding entries ``(32)'', ``(33)'' and 
``(34)'' in numerical order to read as follows:


Sec.  52.1420   Identification of Plan.

* * * * *
    (e) * * *

                                                     EPA-Approved Nebraska Nonregulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Applicable geographic or       State
 Name of nonregulatory SIP provision      nonattainment area     submittal date              EPA Approval date                       Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
(32) Section 110(a)(2) Infrastructure  Statewide...............          2/7/13  4/3/2018, [Insert Federal Register         This action addresses the
 Requirements for the 2010 NO2 NAAQS.                                             citation].                                 following CAA elements
                                                                                                                             110(a)(2)(A) through (C),
                                                                                                                             (D)(i)(I)--Prongs 1 and 2,
                                                                                                                             (D)(i)(II)--Prong 3,
                                                                                                                             (D)(ii), (E) through (H),
                                                                                                                             and (J) through (M). [EPA-
                                                                                                                             R07-OAR-2017-0477; FRL-9976-
                                                                                                                             09-Region 7].
(33) Section 110(a)(2) Infrastructure  Statewide...............         8/22/13  4/3/2018, [Insert Federal Register         This action addresses the
 Requirements for the 2010 SO2 NAAQS.                                             citation].                                 following CAA elements
                                                                                                                             110(a)(2)(A) through (C),
                                                                                                                             (D)(i)(II)--Prong 3,
                                                                                                                             (D)(ii), (E) through (H),
                                                                                                                             and (J) through (M). [EPA-
                                                                                                                             R07-OAR-2017-0477; FRL-9976-
                                                                                                                             09-Region 7].
(34) Section 110(a)(2) Infrastructure  Statewide...............         2/22/16  4/3/2018 and [Insert Federal Register      This action addresses the
 Requirements for the 2010 PM2.5                                                  citation].                                 following CAA elements
 NAAQS.                                                                                                                      110(a)(2)(A) through (C),
                                                                                                                             (D)(i)(II)--Prong 3,
                                                                                                                             (D)(ii), (E) through (H),
                                                                                                                             and (J) through (M). [EPA-
                                                                                                                             R07-OAR-2017-0477; FRL-9976-
                                                                                                                             09-Region 7].
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[FR Doc. 2018-06654 Filed 4-2-18; 8:45 am]
 BILLING CODE 6560-50-P


Current View
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 May 3, 2018.
ContactMr. Gregory Crable, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7391, or by email at [email protected]
FR Citation83 FR 14179 

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