Partial Approval and Disapproval of Air Quality State Implementation Plans (SIP); State of Nebraska; Infrastructure SIP Requirements for the 2008 Ozone National Ambient Air Quality Standard (NAAQS), 55266-55267 [2015-20619]
Download as PDF
<![CDATA[
55266
Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations
each management zone, or the terms,
conditions, or requirements of an offroad vehicle permit is prohibited. A
violation may also result in the
suspension or revocation of the
applicable permit by the
superintendent.
(9) Superintendent’s authority. The
superintendent may open or close
designated areas, routes, or access
points to motor vehicle use, or portions
thereof, or impose conditions or
restrictions for off-road motor vehicle
use after taking into consideration
public health and safety, natural and
cultural resource protection, and other
management activities and objectives.
The superintendent will provide public
notice of all such actions through one or
more of the methods listed in § 1.7 of
this chapter. Violating any such closure,
condition, or restriction is prohibited.
*
*
*
*
*
Dated: September 9, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2015–23168 Filed 9–14–15; 8:45 am]
BILLING CODE 4310–EJ–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0270; FRL–9932–78–
Region 7]
Partial Approval and Disapproval of Air
Quality State Implementation Plans
(SIP); State of Nebraska; Infrastructure
SIP Requirements for the 2008 Ozone
National Ambient Air Quality Standard
(NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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 2008 National
Ambient Air Quality Standards
(NAAQS) for Ozone (O3), 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
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
19:08 Sep 14, 2015
Jkt 235001
program are adequate to meet the state’s
responsibilities under the CAA.
DATES: This final rule is effective
September 15, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2015–0270. 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 in hard copy at
U.S. Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219 from 8:00 a.m. to
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 June 19, 2015, (80 FR 35284), 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 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. The submission addressed the
following infrastructure elements of
section 110(a)(2): (A), (B), (C), (D), (E),
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
(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.
During the public comment period for
the NPR one comment was received.
The commenter stated that EPA must
disapprove 110(a)(2)(C) and (D)(i)(II)
(prong 3), unless Nebraska has the PM2.5
increments approved into its PSD SIP
and its PSD program treats NOX as a
precursor for ozone. The PM2.5
increments and the inclusion of NOX as
a precursor to ozone was approved by
EPA into the Nebraska SIP on August 4,
2014. See 79 FR 45108, Approval and
Promulgation of Implementation Plans;
State of Nebraska; Fine Particulate
Matter New Source Review
Requirements.
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 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. As discussed in each applicable
section of the NPR, EPA is not taking
action 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 disapproving section
110(a)(2)(D)(i)(II) (prong 4) as it relates
to the protection of visibility.
IV. Statutory and Executive Order
Review
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);
E:\FR\FM\15SER1.SGM
15SER1
55267
Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations
• 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 November 16, 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,
Ozone, Reporting and recordkeeping
requirements.
Dated: August 12, 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:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart CC—Nebraska
2. Amend § 52.1420 by adding and
reserving an entry for ‘‘(28)’’, and by
adding an entry for ‘‘(29)’’ in numerical
order under paragraph (e), in the table
entitled ‘‘EPA-Approved Nebraska
Nonregulatory Provisions’’.
The addition reads as follows:
■
§ 52.1420
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS
Name of nonregulatory
SIP provision
*
(28) [Reserved].
(29) Section 110(a)(2) Infrastructure Requirements for the 2008 O3
NAAQS.
Applicable geographic
or nonattainment area
*
State submittal date
*
Statewide ......................
[FR Doc. 2015–20619 Filed 9–14–15; 8:45 am]
BILLING CODE 6560–50–P
EPA approval date
*
2/11/13 ......
Explanation
*
9/15/15, [Insert Federal
Register citation].
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
mstockstill on DSK4VPTVN1PROD with RULES
[EPA–R07–OAR–2015–0565; FRL–9932–84–
Region 7]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Nebraska; Cross-State Air Pollution
Rule
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Sep<11>2014
19:08 Sep 14, 2015
Jkt 235001
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
*
*
[EPA–R07–OAR–2015–0270; Region 7] 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).
ACTION:
Direct final rule.
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
Implementation Plan (SIP) submitted by
the State of Nebraska in a letter dated
March 30, 2015. This SIP revision
provides Nebraska’s state-determined
allowance allocations for existing
electric generating units (EGUs) in the
State for the 2016 control periods and
replaces the allowance allocations for
the 2016 control periods established by
SUMMARY:
E:\FR\FM\15SER1.SGM
15SER1
]]>Agencies
[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Rules and Regulations]
[Pages 55266-55267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20619]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0270; FRL-9932-78-Region 7]
Partial Approval and Disapproval of Air Quality State
Implementation Plans (SIP); State of Nebraska; Infrastructure SIP
Requirements for the 2008 Ozone National Ambient Air Quality Standard
(NAAQS)
AGENCY: Environmental Protection Agency (EPA).
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 2008 National Ambient Air Quality Standards (NAAQS) for
Ozone (O3), 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.
DATES: This final rule is effective September 15, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2015-0270. 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 in hard copy at U.S.
Environmental Protection Agency, Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219 from 8:00 a.m. to 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 June 19, 2015, (80 FR 35284), 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 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. The submission
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.
During the public comment period for the NPR one comment was
received. The commenter stated that EPA must disapprove 110(a)(2)(C)
and (D)(i)(II) (prong 3), unless Nebraska has the PM2.5
increments approved into its PSD SIP and its PSD program treats
NOX as a precursor for ozone. The PM2.5
increments and the inclusion of NOX as a precursor to ozone
was approved by EPA into the Nebraska SIP on August 4, 2014. See 79 FR
45108, Approval and Promulgation of Implementation Plans; State of
Nebraska; Fine Particulate Matter New Source Review Requirements.
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 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. As discussed in
each applicable section of the NPR, EPA is not taking action 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 disapproving section 110(a)(2)(D)(i)(II) (prong 4) as it relates
to the protection of visibility.
IV. Statutory and Executive Order Review
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);
[[Page 55267]]
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 November 16, 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, Ozone, Reporting and
recordkeeping requirements.
Dated: August 12, 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:
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 adding and reserving an entry for ``(28)'',
and by adding an entry for ``(29)'' in numerical order under paragraph
(e), in the table entitled ``EPA-Approved Nebraska Nonregulatory
Provisions''.
The addition reads as follows:
Sec. 52.1420 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Nebraska Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal
provision nonattainment date EPA approval date Explanation
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(28) [Reserved]................
(29) Section 110(a)(2) Statewide........ 2/11/13.......... 9/15/15, [Insert [EPA-R07-OAR-2015-0270
Infrastructure Requirements Federal Register ; Region 7] This
for the 2008 O3 NAAQS. citation]. 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. 2015-20619 Filed 9-14-15; 8:45 am]
BILLING CODE 6560-50-P
