Partial Approval and Disapproval of Air Quality Implementation Plans; Nebraska; Revision to the State Implementation Plan (SIP) Infrastructure Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards and the Revocation of the PM10, 51952-51954 [2015-21018]
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51952
Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations
(b) meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
Consultation With Indian tribes
(Executive Order 13175 and Department
Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
Tribes through a commitment to
consultation with Indian Tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule under the
Department’s consultation policy and
under the criteria in Executive Order
13175 and have determined that it has
no substantial direct effects on federally
recognized Indian tribes and that
consultation under the Department’s
tribal consultation policy is not
required. Affiliated Native American
tribes were contacted by letters sent in
June, 2012 and May, 2013 to solicit any
interests or concerns with the proposed
action. No responses were received by
the Park.
Paperwork Reduction Act (PRA)
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the PRA
is not required.
National Environmental Policy Act
(NEPA)
We have prepared an environmental
impact statement and have determined
that this rule will not have a significant
effect on the quality of the human
environment under the NEPA of 1969.
The TMP/EIS for the Park and ROD that
included an evaluation of bicycling
within the proposed areas may be
viewed online at https://
parkplanning.nps.gov/
cuyahogatrailplan.
Effects on the Energy Supply (Executive
Order 13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. A statement of Energy
Effects is not required.
rmajette on DSK2VPTVN1PROD with RULES
Drafting Information
The primary authors of this regulation
are Lynn Garrity, and Kim Norley,
Cuyahoga Valley National Park, and C.
Rose Wilkinson and A.J. North, NPS
Regulations Program, Washington, DC.
List of Subjects in 36 CFR Part 7
National Parks, Reporting and
recordkeeping requirements.
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In consideration of the foregoing, the
NPS amends 36 CFR part 7 as set forth
below:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
[EPA–R07–OAR–2015–0269; FRL–9933–04–
Region 7]
2. Amend § 7.17 by revising the
section heading and adding paragraph
(b) to read as follows:
Partial Approval and Disapproval of Air
Quality Implementation Plans;
Nebraska; Revision to the State
Implementation Plan (SIP)
Infrastructure Requirements for the
1997 and 2006 Fine Particulate Matter
National Ambient Air Quality
Standards and the Revocation of the
PM10 Annual Standard and Adoption of
the 24hr PM2.5 Standard
§ 7.17
AGENCY:
1. The authority for Part 7 continues
to read as follows:
■
Authority: 54 U.S.C. 100101, 100751,
320102; Sec. 7.96 also issued under D.C.
Code 10–137 and D.C. Code 50–2201.07.
■
Cuyahoga Valley National Park.
*
*
*
*
*
(b) Bicycles. (1) The Superintendent
may authorize bicycle use on all or
portions of each of the following trails:
(i) East Rim (approximately 10 miles);
(ii) Old Carriage Connector Trail
(approximately 0.35 miles); and
(iii) Highland Connector Trail
(approximately 1.0 mile).
(2) After trail construction is
complete:
(i) To authorize bicycle use, the
Superintendent must make a written
determination that:
(A) The trail is open for public use;
and
(B) Bicycle use is consistent with the
protection of the park area’s natural,
scenic and aesthetic values, safety
considerations, and management
objectives, and will not disturb wildlife
or park resources.
(ii) The Superintendent will provide
public notice of all such actions through
one or more of the methods listed in
§ 1.7 of this chapter.
(3) The Superintendent may open or
close authorized trails, or portions
thereof, or impose conditions or
restrictions for bicycle use after taking
into consideration public health and
safety, natural and cultural resource
protection, and other management
activities and objectives.
(i) The Superintendent will provide
public notice of all such actions through
one or more of the methods listed in
§ 1.7 of this chapter.
(ii) Violating a closure, condition, or
restriction is prohibited.
Dated: July 31, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2015–21198 Filed 8–26–15; 8:45 am]
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Environmental Protection
Agency.
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is taking final action to
partially approve and disapprove
elements of a State Implementation Plan
(SIP) submission from the State of
Nebraska addressing the applicable
requirements of Clean Air Act (CAA)
section 110 for the 1997 and 2006
National Ambient Air Quality Standards
(NAAQS) for fine particulate matter
(PM2.5), which requires that each state
adopt and submit a SIP to support
implementation, maintenance, and
enforcement of each new or revised
NAAQS promulgated by EPA. These
SIPs are commonly referred to as
‘‘infrastructure’’ SIPs. The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
Additionally, EPA is taking final action
approving the revocation of the coarse
particulate matter (PM10) annual
standard and adoption of the 24hr PM2.5
standard.
DATES: This final rule is effective
September 28, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2015–0269. All
documents in the electronic docket are
listed in the https://www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically at https://
www.regulations.gov or at U.S.
Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219 from 8:00 a.m. to
SUMMARY:
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Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations
4:30 p.m., Monday through Friday,
excluding legal holidays. Interested
persons wanting to examine these
documents should make an
appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT: Mr.
Gregory Crable, Air Planning and
Development Branch, U.S.
Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, KS 66219; telephone number:
(913) 551–7391; fax number: (913) 551–
7065; email address: crable.gregory@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. This
section provides additional information
by addressing the following:
I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Review
I. Background
On May 28, 2015, (80 FR 30404), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Nebraska. The NPR proposed partial
approval and disapproval of Nebraska’s
submission that provides the basic
elements specified in section 110(a)(2)
of the CAA, or portions thereof,
necessary to implement, maintain, and
enforce the 1997 and 2006 PM2.5
NAAQS. At the same time, EPA
proposed approval of the revocation of
the PM10 annual standard and adoption
of the 24 hr. PM2.5 NAAQS standard.
rmajette on DSK2VPTVN1PROD with RULES
II. Summary of SIP Revision
On April 3, 2008, EPA received a SIP
submission from the state of Nebraska
that addressed the infrastructure
elements specified in section 110(a)(2)
for the 1997 PM2.5 NAAQS. Then on
August 29, 2011, EPA received a second
SIP submission addressing the
infrastructure elements specified in
section 110(a)(2) for the 2006 PM2.5
NAAQS. Both submissions addressed
the following infrastructure elements of
section 110(a)(2): (A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M).
Specific requirements of section
110(a)(2) of the CAA and the rationale
for EPA’s proposed action to approve
and disapprove the SIP submissions are
explained in the NPR and will not be
restated here. No public comments were
received on the NPR.
Finally, a third submission was
received by the EPA on November 14,
2011, as a part of a larger submission
dealing with various title 129 revisions,
which we will address at a later date.
This submission revises Chapter 4, Title
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129 of the Nebraska Administrative
Code. The change repeals the annual
NAAQS for PM10 which was revoked by
the EPA on October 17, 2006, and
adopts the new 24-hour PM2.5 NAAQS
which was issued by EPA, at the same
time (71 FR 61144).
III. Final Action
EPA is approving Nebraska’s April 3,
2008, and August 29, 2011, submissions
for the 1997 and 2006 PM2.5 NAAQS
respectively. Specifically, EPA approves
the following infrastructure elements:
110(a)(2)(A), (B), (C), (D)(i)(II) (prong 3),
(D)(ii) (E), (F), (G), (H), (J), (K), (L), and
(M) of the CAA, or portions thereof,
necessary to implement, maintain, and
enforce the 1997 and 2006 PM2.5
NAAQS, as a revision to the Nebraska
SIP. At the same time, EPA is
disapproving 110(a)(2)(D)(i)(II) (prong 4)
as it relates to the protection of
visibility. As discussed in each
applicable section of the NPR, EPA is
not acting on section 110(a)(2)(D)(i)(I)
(prongs 1 and 2), and section
110(a)(2)(I)—Nonattainment Area Plan
or Plan Revisions Under part D. And
finally, EPA is approving the November
14, 2011 SIP submittal repealing the
annual NAAQS for PM10 and adopting
the new 24hr PM2.5 NAAQS.
IV. Statutory and Executive Order
Review
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Nebraska regulations
for Ambient Air Quality Standards and
the EPA approved Nebraska
nonregulatory provisions described in
the amendments to 40 CFR part 52 set
forth below. EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
Under the CAA the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
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51953
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
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Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 26, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Subpart CC—Nebraska
■
2. Amend § 52.1420 by:
a. Under paragraph (c) in the table
entitled ‘‘EPA-Approved Nebraska
Regulations’’, revising the entry for
‘‘129–4’’; and
■
Dated: August 17, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
b. Under paragraph (e), in the table
entitled ‘‘EPA-Approved Nebraska
Nonregulatory Provisions’’, adding an
entry for (30) in numerical order.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as set forth below:
■ Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1420
Identification of plan.
*
*
The revisions and additions read as
follows:
*
*
*
(c) * * *
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED NEBRASKA REGULATIONS
Nebraska citation
State effective
date
Title
EPA approval date
Explanation
STATE OF NEBRASKA
Department of Environmental Quality
Title 129—Nebraska Air Quality Regulations
*
129–4 .............................
*
Ambient Air Quality
Standards.
*
*
*
*
*
*
*
8/18/08
*
*
*
*
8/27/2015 and insert
Federal Register
page number where
the document begins.
*
*
*
This revision to Chapter 4 repeals the annual
National Ambient Air Quality Standard
(NAAQS) for PM10 and adopts the Federal
24-hour NAAQS for PM2.5. The standard was
reduced from 65 to 35 micrograms per cubic
meter by EPA on December 18, 2006.
*
*
*
(e) * * *
EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS
Applicable geographic
area or nonattainment
area
*
(30) Section 110(a)(2)
Infrastructure Requirements for the 1997
and 2006 PM2.5
NAAQS.
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Name of nonregulatory
SIP provision
*
*
Statewide .....................
State submittal
date
4/3/08
8/29/11
EPA approval date
Explanation
*
*
8/27/2015 and [Insert
Federal Register citation].
*
*
This action addresses the following CAA elements 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M).
[FR Doc. 2015–21018 Filed 8–26–15; 8:45 am]
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]]>Agencies
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51952-51954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21018]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0269; FRL-9933-04-Region 7]
Partial Approval and Disapproval of Air Quality Implementation
Plans; Nebraska; Revision to the State Implementation Plan (SIP)
Infrastructure Requirements for the 1997 and 2006 Fine Particulate
Matter National Ambient Air Quality Standards and the Revocation of the
PM10 Annual Standard and Adoption of the 24hr
PM2.5 Standard
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to partially approve and disapprove elements of a State
Implementation Plan (SIP) submission from the State of Nebraska
addressing the applicable requirements of Clean Air Act (CAA) section
110 for the 1997 and 2006 National Ambient Air Quality Standards
(NAAQS) for fine particulate matter (PM2.5), which requires
that each state adopt and submit a SIP to support implementation,
maintenance, and enforcement of each new or revised NAAQS promulgated
by EPA. These SIPs are commonly referred to as ``infrastructure'' SIPs.
The infrastructure requirements are designed to ensure that the
structural components of each state's air quality management program
are adequate to meet the state's responsibilities under the CAA.
Additionally, EPA is taking final action approving the revocation of
the coarse particulate matter (PM10) annual standard and
adoption of the 24hr PM2.5 standard.
DATES: This final rule is effective September 28, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2015-0269. All documents in the electronic docket are
listed in the https://www.regulations.gov index. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically at https://www.regulations.gov or at U.S. Environmental
Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas
66219 from 8:00 a.m. to
[[Page 51953]]
4:30 p.m., Monday through Friday, excluding legal holidays. Interested
persons wanting to examine these documents should make an appointment
with the office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Mr. Gregory Crable, Air Planning and
Development Branch, U.S. Environmental Protection Agency, Region 7,
11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551-
7391; fax number: (913) 551-7065; email address:
crable.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' or ``our'' refer to EPA. This section provides additional
information by addressing the following:
I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Review
I. Background
On May 28, 2015, (80 FR 30404), EPA published a notice of proposed
rulemaking (NPR) for the State of Nebraska. The NPR proposed partial
approval and disapproval of Nebraska's submission that provides the
basic elements specified in section 110(a)(2) of the CAA, or portions
thereof, necessary to implement, maintain, and enforce the 1997 and
2006 PM2.5 NAAQS. At the same time, EPA proposed approval of
the revocation of the PM10 annual standard and adoption of
the 24 hr. PM2.5 NAAQS standard.
II. Summary of SIP Revision
On April 3, 2008, EPA received a SIP submission from the state of
Nebraska that addressed the infrastructure elements specified in
section 110(a)(2) for the 1997 PM2.5 NAAQS. Then on August
29, 2011, EPA received a second SIP submission addressing the
infrastructure elements specified in section 110(a)(2) for the 2006
PM2.5 NAAQS. Both submissions addressed the following
infrastructure elements of section 110(a)(2): (A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M). Specific requirements of section
110(a)(2) of the CAA and the rationale for EPA's proposed action to
approve and disapprove the SIP submissions are explained in the NPR and
will not be restated here. No public comments were received on the NPR.
Finally, a third submission was received by the EPA on November 14,
2011, as a part of a larger submission dealing with various title 129
revisions, which we will address at a later date. This submission
revises Chapter 4, Title 129 of the Nebraska Administrative Code. The
change repeals the annual NAAQS for PM10 which was revoked
by the EPA on October 17, 2006, and adopts the new 24-hour
PM2.5 NAAQS which was issued by EPA, at the same time (71 FR
61144).
III. Final Action
EPA is approving Nebraska's April 3, 2008, and August 29, 2011,
submissions for the 1997 and 2006 PM2.5 NAAQS respectively.
Specifically, EPA approves the following infrastructure elements:
110(a)(2)(A), (B), (C), (D)(i)(II) (prong 3), (D)(ii) (E), (F), (G),
(H), (J), (K), (L), and (M) of the CAA, or portions thereof, necessary
to implement, maintain, and enforce the 1997 and 2006 PM2.5
NAAQS, as a revision to the Nebraska SIP. At the same time, EPA is
disapproving 110(a)(2)(D)(i)(II) (prong 4) as it relates to the
protection of visibility. As discussed in each applicable section of
the NPR, EPA is not acting on section 110(a)(2)(D)(i)(I) (prongs 1 and
2), and section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions
Under part D. And finally, EPA is approving the November 14, 2011 SIP
submittal repealing the annual NAAQS for PM10 and adopting
the new 24hr PM2.5 NAAQS.
IV. Statutory and Executive Order Review
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Nebraska
regulations for Ambient Air Quality Standards and the EPA approved
Nebraska nonregulatory provisions described in the amendments to 40 CFR
part 52 set forth below. EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
Under the CAA the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in
[[Page 51954]]
the Federal Register. A major rule cannot take effect until 60 days
after it is published in the Federal Register. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 26, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: August 17, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart CC--Nebraska
0
2. Amend Sec. 52.1420 by:
0
a. Under paragraph (c) in the table entitled ``EPA-Approved Nebraska
Regulations'', revising the entry for ``129-4''; and
0
b. Under paragraph (e), in the table entitled ``EPA-Approved Nebraska
Nonregulatory Provisions'', adding an entry for (30) in numerical
order.
The revisions and additions read as follows:
Sec. 52.1420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
State
Nebraska citation Title effective date EPA approval date Explanation
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STATE OF NEBRASKA
----------------------------------------------------------------------------------------------------------------
Department of Environmental Quality
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Title 129--Nebraska Air Quality Regulations
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* * * * * * *
129-4.......................... Ambient Air 8/18/08 8/27/2015 and This revision to
Quality Standards. insert Federal Chapter 4 repeals the
Register page annual National
number where the Ambient Air Quality
document begins. Standard (NAAQS) for
PM10 and adopts the
Federal 24-hour NAAQS
for PM2.5. The
standard was reduced
from 65 to 35
micrograms per cubic
meter by EPA on
December 18, 2006.
* * * * * * *
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* * * * *
(e) * * *
EPA-Approved Nebraska Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic area or State EPA approval date Explanation
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(30) Section 110(a)(2) Statewide......... 4/3/08 8/27/2015 and This action addresses
Infrastructure Requirements 8/29/11 [Insert Federal the following CAA
for the 1997 and 2006 PM2.5 Register elements 110(a)(2)(A),
NAAQS. citation]. (B), (C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M).
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[FR Doc. 2015-21018 Filed 8-26-15; 8:45 am]
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