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, 1122-1124 [2015-33301]
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Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations
the bridge to remain closed-tonavigation daily except that the bridge
will open if at least four hours notice is
given except Monday through Friday
from 7 a.m.-8:30 a.m. and from 5 p.m.6:30 p.m., daily. During the closure
period, the contractor will make every
effort to minimize the delays to
mariners by opening the bridge with
less than four hour notice whenever
possible. However, the bridge is not
required to open with less than a fourhour notice. Marine traffic, when
allowed to pass, should pass at the
slowest safe speed.
Navigation on the waterway consists
of small tugs with and without tows,
commercial vessels, and recreational
craft, including sailboats.
Vessels able to pass through the
bridge in the closed-to-navigation
position may do so at anytime. The
bridge will be able to open for
emergencies, and there is no immediate
alternate route. The Coast Guard will
also inform the users of the waterways
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
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.
This final rule is effective on
February 10, 2016.
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
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 https://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 https://
www2.epa.gov/dockets/commentingepa-dockets.
40 CFR Part 52
FOR FURTHER INFORMATION CONTACT:
Dated: January 5, 2016.
David M. Frank,
Bridge Administrator, Eighth Coast Guard
District.
[FR Doc. 2016–268 Filed 1–8–16; 8:45 am]
BILLING CODE 9110–04–P
[EPA–R07–OAR–2015–0710; FRL–9941–04–
Region 7]
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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 (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve elements of a State
SUMMARY:
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ADDRESSES:
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:
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
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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
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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
1123
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart CC—Nebraska
2. In § 52.1420(e), the table is
amended by adding entry (31) to read as
follows:
■
§ 52.1420
Identification of Plan.
*
*
*
*
*
(e) * * *
EPA—APPROVED NEBRASKA NONREGULATORY PROVISIONS
Applicable geographic
area or nonattainment
area
*
(31) Section
110(a)(2) Infrastructure Requirements for the
2008 O3 NAAQS.
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Name of nonregulatory SIP provision
*
Statewide ...................
State
submittal
date
*
2/11/13
EPA approval date
Explanation
*
1/11/2016 [Insert
Federal Register
citation].
*
*
*
[EPA–R07–OAR–2015–0710; 9941–04–Region 7] This action
addresses
the
following
CAA
elements:
110(a)(2)(D)(i) (I)—Prongs 1 and 2.
[FR Doc. 2015–33301 Filed 1–8–16; 8:45 am]
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Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0079; FRL–9940–89–
Region 4]
Air Plan Approval; Alabama:
Nonattainment New Source Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of a revision to the
Alabama State Implementation Plan
(SIP) submitted by the Alabama
Department of Environmental
Management (ADEM) to EPA on May 2,
2011. The SIP revision modifies
Alabama’s nonattainment new source
review (NNSR) regulations in their
entirety to be consistent with the federal
new source review (NSR) regulations for
the implementation of the criteria
pollutant national ambient air quality
standards (NAAQS). EPA is approving
portions of the NNSR rule changes in
Alabama’s May 2, 2011, SIP revision
because the Agency has determined that
the changes are consistent with the
Clean Air Act (CAA or Act) and federal
regulations regarding NNSR permitting.
DATES: This rule will be effective
February 10, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0079. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information 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 either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
information regarding the Alabama SIP,
Lhorne on DSK5TPTVN1PROD with RULES
SUMMARY:
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contact Mr. D. Brad Akers, Air
Regulatory Management Section, Air
Planning and Implementation Branch,
Pesticides and Toxics Management
Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. Mr.
Akers can be reached by telephone at
(404) 562–9089 or via electronic mail at
akers.brad@epa.gov. For information
regarding NSR, contact Ms. Yolanda
Adams, Air Permits Section, at the same
address above. Telephone number: (404)
562–9214; email address:
adams.yolanda@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action to approve
the portion of Alabama’s May 2, 2011,
SIP revision that makes changes to
Alabama’s NNSR program, set forth at
ADEM Administrative Code, Division 3,
Chapter 14, Subchapter .05 (ADEM Rule
335–3–14–.05), which applies to the
construction and modification of any
major stationary source in or near a
nonattainment area (NAA) as required
by part D of title I of the CAA.
Alabama’s NNSR regulations at ADEM
Rule 335–3–14–.05 were originally
approved into the SIP on November 26,
1979 (see 44 FR 67375), with periodic
revisions approved through December 8,
2000 (see 65 FR 76938). Alabama’s May
2, 2011, SIP revision modifies the
State’s NNSR regulations in their
entirety 1 with a new version that
reflects changes to the federal NNSR
regulations at 40 Code of Federal
Regulations (CFR) 51.165,2 including
provisions promulgated in the following
federal rules: (1) ‘‘Requirements for
Preparation, Adoption and Submittal of
Implementation Plans; Approval and
Promulgation of Implementation Plans;
Standards of Performance for New
Stationary Sources,’’ Final Rule, 57 FR
32314 (July 21, 1992) (hereafter referred
to as the Wisconsin Electric Power
1 Some portions of the 2011 version of the
regulations now being approved were previously
approved by EPA. These portions remain the same
in substance but may have undergone
administrative updates and renumbering in the
2011 version.
2 EPA’s regulations governing the implementation
of NSR permitting programs are contained in 40
CFR 51.160–51.166; 52.21, 52.24; and part 51,
appendix S. The CAA NSR program is composed
of three separate programs: PSD, NNSR, and Minor
NSR. PSD is established in part C of title I of the
CAA and applies in areas that meet the NAAQS—
‘‘attainment areas’’—as well as areas where there is
insufficient information to determine if the area
meets the NAAQS—‘‘unclassifiable areas.’’ The
NNSR program is established in part D of title I of
the CAA and applies in areas that are not in
attainment of the NAAQS—‘‘nonattainment areas.’’
The Minor NSR program addresses construction or
modification activities that do not qualify as
‘‘major’’ and applies regardless of the designation
of the area in which a source is located. Together,
these programs are referred to as the NSR programs.
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Company (WEPCO) Rule); (2)
‘‘Prevention of Significant Deterioration
(PSD) and Nonattainment New Source
Review (NSR): Baseline Emissions
Determination, Actual-to-Future-Actual
Methodology, Plantwide Applicability
Limitations, Clean Units, Pollution
Control Projects,’’ Final Rule, 67 FR
80186 (December 31, 2002) (hereafter
referred to as the NSR Reform Rule); (3)
‘‘Prevention of Significant Deterioration
(PSD) and Non-Attainment New Source
Review (NSR): Reconsideration,’’ Final
Rule, 68 FR 63021 (November 7, 2003)
(hereafter referred to as the
Reconsideration Rule); (4) ‘‘Prevention
of Significant Deterioration (PSD) and
Non-Attainment New Source Review
(NSR): Removal of Vacated Elements,’’
Final Rule, 72 FR 32526 (June 13, 2007)
(hereafter referred to as the Vacated
Elements Rule); (4) ‘‘Prevention of
Significant Deterioration and
Nonattainment New Source Review:
Reasonable Possibility in
Recordkeeping,’’ Final Rule, 72 FR
72607 (December 21, 2007), (hereafter
referred to as the Reasonable Possibility
Rule); (5) ‘‘Final Rule To Implement the
8-Hour Ozone National Ambient Air
Quality Standard—Phase 2; Final Rule
To Implement Certain Aspects of the
1990 Amendments Relating to New
Source Review and Prevention of
Significant Deterioration as They Apply
in Carbon Monoxide, Particulate Matter
and Ozone NAAQS; Final Rule for
Reformulated Gasoline,’’ Final Rule, 70
FR 71612 (November 29, 2005)
(hereafter referred to as the Phase 2
Rule); (6) ‘‘Implementation of the New
Source Review (NSR) Program for
Particulate Matter Less Than 2.5
Micrometers (PM2.5),’’ Final Rule, 73 FR
28321 (May 16, 2008) (hereafter referred
to as the NSR PM2.5 Rule); (7)
‘‘Prevention of Significant Deterioration
(PSD) for Particulate Matter Less Than
2.5 Micrometers (PM2.5)—Increments,
Significant Impact Levels (SILs) and
Significant Monitoring Concentration
(SMC),’’ Final Rule, 75 FR 64864
(October 20, 2010) (hereafter referred to
as the PM2.5 PSD Increments-SILs-SMC
Rule 3); and (8) ‘‘Prevention of
Significant Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Reconsideration of Inclusion of
Fugitive Emissions; Interim Rule; Stay
and Revisions’’, Interim Rule, 76 FR
17548 (March 30, 2011) (hereafter
referred to as the Fugitive Emissions
Interim Rule).
3 The D.C. Circuit vacated the portions of the
PM2.5 PSD Increment-SILs-SMC Rule addressing the
SMC and SILs (and remanded the SILs portion to
EPA for further consideration) for PSD, but left the
PM2.5 SILs in place for the NSR program in the table
in § 51.165(b)(2). See Sierra Club v. EPA, 705 F.3d
458 (D.C. Cir. 2013).
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]]>Agencies
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Rules and Regulations]
[Pages 1122-1124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33301]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0710; FRL-9941-04-Region 7]
Approval of Nebraska's Air Quality State Implementation Plan
(SIP); Infrastructure SIP Requirements for the 2008 Ozone National
Ambient Air Quality Standard in Regards to Section 110(a)(2)(D)(i)(I)--
Prongs 1 and 2
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve elements of a State Implementation Plan (SIP)
submission from the State of Nebraska addressing the applicable
requirements of Clean Air Act (CAA) section 110 for the 2008 National
Ambient Air Quality Standards (NAAQS) for Ozone (O3). CAA
section 110 requires that each state adopt and submit a SIP to support
implementation, maintenance, and enforcement of each new or revised
NAAQS promulgated by EPA. These SIPs are commonly referred to as
``infrastructure'' SIPs. The infrastructure requirements are designed
to ensure that the structural components of each state's air quality
management program are adequate to meet the state's responsibilities
under the CAA. Specifically, EPA is approving Nebraska's SIP as it
relates to section 110 (a)(2)(D)(i)(I) prongs 1 and 2, for the 2008
O3 NAAQS.
DATES: This final rule is effective on February 10, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2015-0710. All documents in the docket are listed on
the https://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 https://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: 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 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
