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, 43848-43850 [2017-19931]
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43848
Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations
[FR Doc. 2017–19935 Filed 9–19–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2017–0477; FRL–9967–95–
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
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct 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 2010
Nitrogen Dioxide (NO2) and Sulfur
Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS), and the
2012 Fine Particulate Matter (PM2.5)
NAAQS, 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 direct final rule will be
effective November 20, 2017, without
further notice, unless EPA receives
adverse comment by October 20, 2017.
If EPA receives adverse comment, we
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2017–0477 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
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etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
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
crable.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
EPA is taking direct final action to
approve the infrastructure submissions
as meeting the submittal requirement
section 110(a)(1). EPA is approving
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 the 2012 PM2.5 infrastructure
submittal received on February 22,
2016. Specifically, EPA is approving, in
regard to the 2010 NO2 NAAQS, the
following elements of 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).
In regard to the 2010 SO2 and 2012
PM2.5 NAAQS, EPA is approving the
following infrastructure elements of
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 and 2012
PM2.5 NAAQS.
In regard to the 2010 NO2 and SO2
and the 2012 PM2.5 infrastructure
submittals and as explained in the TSD,
EPA is not acting, at this time, on
section (D)(i)(II)—prong 4. Finally, EPA
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is not acting on section 110(a)(2)(I) as it
does not expect infrastructure SIP
submissions to address element (I).
As noted, a Technical Support
Document (TSD) is included as part of
the docket to discuss the details of this
action.
II. Have the requirements for approval
of a SIP revision been met?
The state submissions have met the
public notification 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 Clubs 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
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.
III. What action is EPA taking?
EPA is approving 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 elements of
the state’s submission as meeting
requirements of section 110(a)(1) for all
three submittals.
With regard to 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 (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),
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(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
(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.
Finally, EPA is taking no action with
respect to section 110(a)(2)(I) for the
2010 NO2 and SO2 NAAQS, and the
2012 PM2.5 NAAQS. Section 110(a)(2)(I)
requires that in the case of a plan or
plan revision for areas designated as
nonattainment areas, states must meet
applicable requirements of part D of the
CAA, relating to SIP requirements for
designated nonattainment areas. EPA
does not expect infrastructure SIP
submissions to address element (I). The
specific SIP submissions for designated
nonattainment areas, as required under
CAA title I, part D, are subject to
different submission schedules than
those for section 110 infrastructure
elements. EPA takes action on part D
attainment plan SIP submissions
through separate rulemaking governed
by the requirements for nonattainment
areas, as described in part D. EPA has
not designated any area in the U.S. as
nonattainment for the 2010 NO2
NAAQS; EPA has designated all areas of
Nebraska as ‘‘attainment/unclassified’’
with regards to the 2012 PM2.5 NAAQS.
Additionally, EPA has designated
Lincoln and Otoe Counties as
‘‘attainment/unclassified’’ for the 2010
1-hr SO2 NAAQS, but has not yet made
a final determination for the rest of the
Nebraska as it relates to the 2010 SO2
NAAQS. Nebraska has no current CAA
requirement to submit a plan to address
section 110(a)(2)(I).
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.
We are publishing this direct final
rule without a prior proposed rule
because we view this as a
noncontroversial action and anticipate
no adverse comment. However, in the
‘‘Proposed Rules’’ section of this
Federal Register, we are publishing a
separate document that will serve as the
proposed rule to this action partionally
approving elements of section 110(a)(2)
for the 2010 NO2 and SO2 NAAQS and
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the 2012 PM2.5 NAAQS, if adverse
comments are received on this direct
final rule. We will not institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information about commenting on this
rule, see the ADDRESSES section of this
document. If EPA receives adverse
comment, we will publish a timely
withdrawal in the Federal Register
informing the public that this direct
final rule will not take effect. We will
address all public comments in any
subsequent final rule based on the
proposed rule.
IV. 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);
• 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
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43849
application of those requirements would
be inconsistent with the CAA; 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 20, 2017. 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.
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43850
Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations
Dated: September 8, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as set forth below:
Subpart CC—Nebraska
2. Amend § 52.1420(e) by adding
entries ‘‘(32)’’, ‘‘(33)’’ and ‘‘(34)’’ in
numerical order to read as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
§ 52.1420
*
Authority: 42 U.S.C. 7401 et seq.
Identification of Plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS
Name of nonregulatory
SIP provision
Applicable
geographic or
nonattainment
area
State
submittal
date
*
(32) Section 110(a)(2) Infrastructure Requirements for the 2010 NO2
NAAQS.
*
Statewide ...........
(33) Section 110(a)(2) Infrastructure Requirements for the 2010 SO2
NAAQS.
Statewide ...........
8/22/13
9/20/17, [Insert Federal
Register citation].
(34) Section 110(a)(2) Infrastructure Requirements for the 2010
PM2.5 NAAQS.
Statewide ...........
2/22/16
9/20/17, [Insert Federal
Register citation].
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0215; FRL–9967–45–
Region 9]
Approval of California Air Plan
Revisions, South Coast Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the South Coast Air
Quality Management District (SCAQMD
or District) portion of the California
State Implementation Plan (SIP). These
revisions concern the District’s
demonstration regarding Reasonably
Available Control Technology (RACT)
requirements for the 2008 8-hour ozone
National Ambient Air Quality Standard
(NAAQS) in the South Coast Air Basin
and Coachella Valley ozone
nonattainment areas.
DATES: This rule will be effective on
October 20, 2017.
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2/7/13
*
9/20/17, [Insert Federal
Register citation].
Explanation
*
*
*
[EPA–R07–OAR–2017–0477;
FRL–9967–95-Region 7]. This action addresses the 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–9967–95-Region 7]. This action addresses the 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–9967–95-Region 7]. This action addresses the following CAA
elements 110(a)(2) (A) through (C), (D) (i) (II)—
Prong 3, (D) (ii), (E) through (H), and (J) through
(M).
The EPA has established a
docket for this action under Docket No.
EPA–R09–OAR–2016–0215. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed on the Web site,
some information is not publicly
available, e.g., Confidential Business
Information (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 availability information.
ADDRESSES:
[FR Doc. 2017–19931 Filed 9–19–17; 8:45 am]
SUMMARY:
*
EPA approval date
FOR FURTHER INFORMATION CONTACT:
Stanley Tong, EPA Region IX, (415)
947–4122, tong.stanley@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
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I. Proposed Action
On June 15, 2017 (82 FR 27451),
under section 110(k)(3) of the Clean Air
Act (CAA or ‘‘Act’’), the EPA proposed
to approve the ‘‘2016 AQMP Reasonably
Available Control Technology (RACT)
Demonstration’’ (‘‘2016 AQMP RACT
SIP’’), submitted to the EPA by the
California Air Resources Board (CARB)
on July 18, 2014 1 for approval as a
revision to the California SIP, as
supplemented by the public draft
versions of the ‘‘Supplemental RACM/
RACT Analysis for the NOX RECLAIM
Program’’ (‘‘2017 RACT Supplement’’)
and two negative declarations submitted
by CARB on May 22, 2017.2 We had
previously proposed a partial approval
and partial disapproval of the 2016 Air
1 The SCAQMD adopted its 2016 AQMP RACT
SIP on June 4, 2014.
2 CARB’s May 22, 2017 submittal contained
public draft versions of the 2017 RACT Supplement
and negative declarations along with a request that
the EPA provide parallel processing of the
documents concurrently with the state’s public
process. See footnote 1 in our June 15, 2017
proposed rule. In our June 15, 2017 proposed rule,
we erroneously described the 2017 RACT
Supplement as including the two negative
declarations. The 2017 RACT Supplement includes
additional emissions analyses and two appendices
that contain certain permit conditions for two
specific stationary sources in Coachella Valley but
does not include the negative declarations. The
negative declarations were included in CARB’s May
22, 2017 submittal but as a separate document.
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]]>Agencies
[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Rules and Regulations]
[Pages 43848-43850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19931]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2017-0477; FRL-9967-95-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: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
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 2010 Nitrogen
Dioxide (NO2) and Sulfur Dioxide (SO2) National
Ambient Air Quality Standards (NAAQS), and the 2012 Fine Particulate
Matter (PM2.5) NAAQS, 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 direct final rule will be effective November 20, 2017,
without further notice, unless EPA receives adverse comment by October
20, 2017. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2017-0477 to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
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
crable.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this document?
EPA is taking direct final action to approve the infrastructure
submissions as meeting the submittal requirement section 110(a)(1). EPA
is approving 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 the 2012 PM2.5 infrastructure submittal
received on February 22, 2016. Specifically, EPA is approving, in
regard to the 2010 NO2 NAAQS, the following elements of
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).
In regard to the 2010 SO2 and 2012 PM2.5
NAAQS, EPA is approving the following infrastructure elements of
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 and 2012 PM2.5 NAAQS.
In regard to the 2010 NO2 and SO2 and the
2012 PM2.5 infrastructure submittals and as explained in the
TSD, EPA is not acting, at this time, on section (D)(i)(II)--prong 4.
Finally, EPA is not acting on section 110(a)(2)(I) as it does not
expect infrastructure SIP submissions to address element (I).
As noted, a Technical Support Document (TSD) is included as part of
the docket to discuss the details of this action.
II. Have the requirements for approval of a SIP revision been met?
The state submissions have met the public notification 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 Clubs 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 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.
III. What action is EPA taking?
EPA is approving 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 elements of the state's submission as meeting requirements of
section 110(a)(1) for all three submittals.
With regard to 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 (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),
[[Page 43849]]
(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 (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.
Finally, EPA is taking no action with respect to section
110(a)(2)(I) for the 2010 NO2 and SO2 NAAQS, and
the 2012 PM2.5 NAAQS. Section 110(a)(2)(I) requires that in
the case of a plan or plan revision for areas designated as
nonattainment areas, states must meet applicable requirements of part D
of the CAA, relating to SIP requirements for designated nonattainment
areas. EPA does not expect infrastructure SIP submissions to address
element (I). The specific SIP submissions for designated nonattainment
areas, as required under CAA title I, part D, are subject to different
submission schedules than those for section 110 infrastructure
elements. EPA takes action on part D attainment plan SIP submissions
through separate rulemaking governed by the requirements for
nonattainment areas, as described in part D. EPA has not designated any
area in the U.S. as nonattainment for the 2010 NO2 NAAQS;
EPA has designated all areas of Nebraska as ``attainment/unclassified''
with regards to the 2012 PM2.5 NAAQS. Additionally, EPA has
designated Lincoln and Otoe Counties as ``attainment/unclassified'' for
the 2010 1-hr SO2 NAAQS, but has not yet made a final
determination for the rest of the Nebraska as it relates to the 2010
SO2 NAAQS. Nebraska has no current CAA requirement to submit
a plan to address section 110(a)(2)(I).
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.
We are publishing this direct final rule without a prior proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. However, in the ``Proposed Rules'' section of this
Federal Register, we are publishing a separate document that will serve
as the proposed rule to this action partionally approving elements of
section 110(a)(2) for the 2010 NO2 and SO2 NAAQS
and the 2012 PM2.5 NAAQS, if adverse comments are received
on this direct final rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. For further information about commenting on this rule,
see the ADDRESSES section of this document. If EPA receives adverse
comment, we will publish a timely withdrawal in the Federal Register
informing the public that this direct final rule will not take effect.
We will address all public comments in any subsequent final rule based
on the proposed rule.
IV. 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);
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 CAA; 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 20, 2017. 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.
[[Page 43850]]
Dated: September 8, 2017.
Cathy Stepp,
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(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
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic submittal EPA approval Explanation
provision or nonattainment area date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(32) Section 110(a)(2) Statewide.............. 2/7/13 9/20/17, [Insert [EPA-R07-OAR-2017-047
Infrastructure Requirements Federal 7; FRL-9967-95-
for the 2010 NO2 NAAQS. Register Region 7]. This
citation]. action addresses the
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).
(33) Section 110(a)(2) Statewide.............. 8/22/13 9/20/17, [Insert [EPA-R07-OAR-2017-047
Infrastructure Requirements Federal 7; FRL-9967-95-
for the 2010 SO2 NAAQS. Register Region 7]. This
citation]. action addresses the
following CAA
elements 110(a)(2)
(A) through (C), (D)
(i) (II)--Prong 3,
(D) (ii), (E)
through (H), and (J)
through (M).
(34) Section 110(a)(2) Statewide.............. 2/22/16 9/20/17, [Insert [EPA-R07-OAR-2017-047
Infrastructure Requirements Federal 7; FRL-9967-95-
for the 2010 PM2.5 NAAQS. Register Region 7]. This
citation]. action addresses the
following CAA
elements 110(a)(2)
(A) through (C), (D)
(i) (II)--Prong 3,
(D) (ii), (E)
through (H), and (J)
through (M).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-19931 Filed 9-19-17; 8:45 am]
BILLING CODE 6560-50-P
