17592 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Proposed Rules 

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). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

Statutory Authority 

The statutory authority for this action 

is provided by Section 110 of the CAA, 

as amended (42 U.S.C. 7410). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone. 

Dated: March 23, 2011. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2011–7470 Filed 3–29–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2011–0310; FRL–9287–8] 

Approval and Promulgation of 

Implementation Plans; State of 

Nebraska 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP) 

submittal from the state of Nebraska 

addressing the requirements of Clean 

Air Act (CAA) sections 110(a)(1) and (2) 

for the 1997 revisions to the National 

Ambient Air Quality Standards 

(NAAQS) for ozone. Section 110(a)(1) 

requires that each state adopt and 

submit a SIP to support implementation 

of each new or revised NAAQS 

promulgated by the EPA and these SIPs 

are commonly referred to as 

‘‘infrastructure’’ SIPs. EPA believes that 

Nebraska’s infrastructure SIP adequately 

addresses the elements described in 

section 110(a)(2) and further described 

in the October 2, 2007 guidance for 

infrastructure SIPs issued by the EPA 

Office of Air Quality Planning and 

Standards. However, because EPA 

already approved the portion of 

Nebraska’s SIP submittal relating to the 

interstate transport infrastructure 

element, section 110(a)(2)(D)(i), this 

proposed rulemaking does not address 

the interstate transport element, nor 

does this proposal reopen any aspect of 

EPA’s prior action on the interstate 

transport element. Furthermore, this 

action does not address infrastructure 

requirements with respect to the 1997 

PM2.5 NAAQS or the 2006 revisions to 

the NAAQS. Those requirements will be 

addressed in future rulemaking. 

DATES: Comments must be received on 

or before April 29, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2011–0310 by one of the following 

methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: kramer.elizabeth@epa.gov. 

3. Mail: Ms. Elizabeth Kramer, Air 

Planning and Development Branch, 

U.S. Environmental Protection Agency, 

Region 7, Air and Waste Management 

Division, 901 North 5th Street, Kansas 

City, Kansas 66101. 

4. Hand Delivery or Courier: Deliver 

your comments to Ms. Elizabeth 

Kramer, Air Planning and Development 

Branch, U.S. Environmental Protection 

Agency, Region 7, Air and Waste 

Management Division, 901 North 5th 

Street, Kansas City, Kansas 66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2011– 

0310. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and should be free of any 

defects or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://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 in http:// 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, Region 7, 901 North 5th Street, 

Kansas City, Kansas 66101, from 8 a.m. 

until 4:30 p.m., Monday through Friday, 

excluding legal holidays. The interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Elizabeth Kramer, Air Planning and 

Development Branch, 

U.S. Environmental Protection Agency, 

Region 7, 901 North 5th Street, Kansas 

City, Kansas 66101; telephone number: 

(913) 551–7186; fax number: (913) 551– 

7844; e-mail address: 

kramer.elizabeth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer to 

EPA. This section provides additional 

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1William T. Harnett, Director, Air Quality Policy 

Division, Office of Air Quality Planning and 

Standards. ‘‘Guidance on SIP Elements Required 

Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 National Ambient Air Quality 

Standards.’’ Memorandum to EPA Air Division 

Directors, Regions I–X, October 2, 2007. 

2As discussed in further detail below, subsection 

110(a)(2)(I) is not applicable for the infrastructure 

SIP approval process and therefore EPA will take 

action on the requirements of part D attainment 

plans separately. 

3As discussed in further detail below, subsection 

110(a)(2)(J), as it relates to visibility protection, is 

also not applicable for the infrastructure SIP 

approval process, and therefore EPA is not 

addressing it in today’s proposed rulemaking. 

4This action also does not address infrastructure 

requirements with respect to the 1997 PM2.5

NAAQS or the 2006 revisions to the NAAQS. Those 

requirements will be addressed in future 

rulemaking. 

5Steven Herman, Assistant Administrator for 

Enforcement and Compliance Assurance, and 

Robert Perciasepe, Assistant Administrator for Air 

and Radiation. ‘‘State Implementation Plans (SIPs): 

Policy Regarding Excess Emissions During 

Malfunctions, Startup, and Shutdown.’’ 

Memorandum to EPA Air Division Directors, 

September 20, 1999. 

information by addressing the following 

questions: 

I. What is a section 110(a)(1) and (2) 

infrastructure SIP? 

II. What elements are applicable under 

section 110(a)(1) and (2)? 

III. What is EPA’s evaluation of how the state 

addressed the relevant elements of 

section 110(a)(1) and (2)? 

IV. What action is EPA proposing? 

V. Statutory and Executive Order Reviews 

I. What is a section 110(a)(1) and (2) 

infrastructure SIP? 

Section 110(a)(1) and (2) of the CAA 

require, in part, that states submit to 

EPA plans to implement, maintain and 

enforce each of the NAAQS 

promulgated by EPA. These provisions 

require states to address basic SIP 

requirements including, for example, 

adequate provisions for emission 

inventory development, monitoring, and 

modeling to assure attainment and 

maintenance of the applicable 

standards. By statute, SIPs meeting the 

requirements of section 110(a)(1) and (2) 

are to be submitted by States within 

three years after promulgation of a new 

or revised standard. These SIPs are 

commonly referred to as ‘‘infrastructure’’ 

SIPs. 

II. What elements are applicable under 

section 110(a)(1) and (2)? 

On October 2, 2007, EPA issued 

guidance to address infrastructure SIP 

elements required under section 

110(a)(1) and (2) for the 1997 8-hour 

ozone and PM2.5 NAAQS.1 EPA will 

address these elements below under the 

following headings: (A) Emission limits 

and other control measures; (B) Ambient 

air quality monitoring/data system; 

(C) Program for enforcement of control 

measures (PSD, New Source Review for 

nonattainment areas, and construction 

and modification of all stationary 

sources); (D) Interstate and international 

transport; (E) Adequate authority, 

resources, implementation, and 

oversight; (F) Stationary source 

monitoring system; (G) Emergency 

authority; (H) Future SIP revisions; 

(I) Nonattainment areas; 2

(J) Consultation with government 

officials, public notification, prevention 

of significant deterioration (PSD), and 

visibility protection; 3 (K) Air quality 

and modeling/data; (L) Permitting fees; 

and (M) Consultation/participation by 

affected local entities.4

III. What is EPA’s evaluation of how the 

state addressed the relevant elements of 

section 110(a)(1) and (2)? 

On July 18, 1997, EPA promulgated 

new 8-hour ozone and new fine 

particulate matter primary and 

secondary NAAQS. (62 FR 38894; 62 FR 

38711). On December 7, 2007, EPA 

Region 7 received the state of Nebraska’s 

ozone infrastructure SIP submittal. EPA 

has reviewed the state’s formal 

submission and the relevant statutory 

and regulatory authorities and 

provisions generally referenced in the 

submittal from Nebraska. 

As described below, today’s proposed 

action only pertains to the 1997 ozone 

standard; it does not pertain to EPA’s 

1997 promulgation of the PM2.5

standards. In addition, it does not 

address issues relating to interstate 

transport under section 110(a)(2)(D)(i), 

which have already been addressed for 

the 1997 ozone and PM2.5 NAAQS in 

prior rulemaking (72 FR 71245). 

Nebraska’s SIP submittal addresses 

the provisions of section 110(a)(1) and 

(2) as described below. EPA believes 

that Nebraska has the adequate 

infrastructure needed to address all 

applicable elements of section 110(a)(1) 

and (2) for the 1997 8-hour ozone 

NAAQS. 

(A) Emission limits and other control 

measures: Section 110(a)(2)(A) requires 

SIPs to include enforceable emission 

limits and other control measures, 

means or techniques, schedules for 

compliance and other related matters as 

needed to implement, maintain and 

enforce each NAAQS. 

The state of Nebraska’s statutes and 

Air Quality Regulations authorize the 

Nebraska Department of Environmental 

Quality (NDEQ) to regulate air quality 

and implement air quality control 

regulations. Section 81–1504 of the 

Nebraska Revised Statutes authorizes 

NDEQ to act, among other things, as the 

state air pollution control agency for all 

purposes of the CAA and to develop 

comprehensive programs for the 

prevention, control and abatement of 

new or existing pollution to the air of 

the state. Air pollution is defined in 

Section 81–1502 of the Nebraska 

Revised Statutes as the presence in the 

outdoor atmosphere of one or more air 

contaminants or combinations thereof in 

such quantities and of such duration as 

are or may tend to be injurious to 

human, plant, or animal life, property, 

or the conduct of business. 

Section 81–1505(1) of the Nebraska 

Revised Statutes authorizes the 

Nebraska Environmental Quality 

Council (EQC) to adopt and promulgate 

rules which set air standards that will 

protect public health and welfare. The 

EQC is also authorized to classify air 

contaminant sources according to levels 

and types of discharges, emissions or 

other characteristics. 

Chapter 4, Section 005 of Title 129 of 

the Nebraska Administrative Code 

(NAC) (‘‘Ambient Air Quality 

Standards’’) adopts the 1997 ozone 

standards promulgated by EPA (i.e., 

0.08 parts per million). In addition, the 

Nebraska rules incorporate, by 

reference, Appendix I in 40 CFR Part 50 

for determining whether the ozone 

standards have been attained. Therefore, 

ozone is an air contaminant which may 

be regulated under Nebraska law. 

EPA notes that Chapter 35, Section 

001 of the NAC provides that sources 

may submit information relating to 

excess emissions during a startup, 

shutdown or malfunction (SSM) events. 

Nevertheless, notwithstanding this 

provision, the regulations expressly give 

the Director of NDEQ the ability to take 

appropriate enforcement action. See 

chapter 35, Sections 001, 006, and 008 

of the NAC. In today’s proposed 

rulemaking, EPA is not proposing to 

approve or disapprove any existing state 

provisions with regard to excess 

emissions during a SSM of operations at 

a facility. EPA believes that a number of 

states have SSM provisions that are 

contrary to the Clean Air Act and 

existing EPA guidance,5 and the Agency 

plans to address such state regulations 

in the future. In the meantime, EPA 

encourages any state having a deficient 

SSM provision to take steps to correct 

it as soon as possible. 

EPA notes that the Section 81–1513 of 

the Nebraska Revised Statutes contain 

provisions that give the Director of 

NDEQ the authority, under certain 

circumstances, to grant variances from 

rules and regulations established 

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6The statutory variance provisions are not 

included in the Nebraska SIP and are not 

recognized under federal law. In any event, a 

variance from an EPA-approved SIP requirement 

would not be recognized as a revision to the SIP 

unless approved by EPA under the CAA 

requirements for SIP revisions (see, 40 CFR 

51.104(d)). 

7 J. Craig Potter, Assistant Administrator for Air 

and Radiation, Thomas L. Adams, Jr., Assistant 

Administrator for Enforcement and Compliance 

Monitoring, and Francis S. Blake, General Counsel, 

Office of General Counsel. ‘‘Review of State 

Implementation Plans and Revisions for 

Enforceability and Legal Sufficiency.’’ 

Memorandum, September 23, 1987. See also 52 FR 

45109 (November 24, 1987). 

pursuant to the Clean Air Act.6 EPA also 

notes that the Nebraska regulations 

contain provisions which allow the 

Director of NDEQ the discretion to 

approve alternatives to the Nebraska 

regulations (see, e.g., chapter 6, Section 

004 of the NAC, which allows the 

Director to approve alternate test 

methods and procedures for use in 

determining actual emissions). In this 

action, EPA is not proposing to approve 

or disapprove any existing state rules 

with regard to such ‘‘variance’’ or 

‘‘Director’s discretion’’ provisions. EPA 

believes that a number of states have 

such provisions that are contrary to the 

Clean Air Act and existing EPA 

guidance 7, and the Agency plans to take 

action in the future to address such state 

regulations. In the meantime, EPA 

encourages any state having a ‘‘variance’’ 

or ‘‘Director’s discretion’’ provision that 

is contrary to the Clean Air Act and EPA 

guidance to take steps to correct the 

deficiency as soon as possible. 

EPA believes that Nebraska has 

statutory and regulatory authority to 

establish additional emissions 

limitations and other measures, as 

necessary to address attainment and 

maintenance of the ozone standards. 

Therefore, EPA believes that the 

Nebraska SIP adequately addresses the 

requirements of section 110(a)(2)(A) for 

the 1997 8-hour ozone NAAQS. 

(B) Ambient air quality monitoring/ 

data system: Section 110(a)(2)(B) 

requires SIPs to include provisions to 

provide for establishment and operation 

of ambient air quality monitors, 

collection and analysis of ambient air 

quality data, and making these data 

available to EPA upon request. 

To address this element, section 

81–1505(12)(o) of the Nebraska Revised 

Statutes provides the enabling authority 

necessary for Nebraska to fulfill the 

requirements of Section 110(a)(2)(B). 

This provision gives the EQC the 

authority to promulgate rules and 

regulations concerning the monitoring 

of emissions. The Air Quality Division 

within NDEQ implements these 

requirements. Along with their other 

duties, the monitoring program within 

NDEQ’s Air Compliance & Enforcement 

Program collects air monitoring data, 

quality assures the results, and reports 

the data. 

NDEQ submits annual monitoring 

network plans to EPA for approval, 

including plans for its ozone monitoring 

network, as required by 40 CFR 58.10. 

Prior to submission to EPA, Nebraska 

makes the plans available for public 

review on NDEQ’s Web site. See, 

http://www.deq.state.ne.us/Publica.nsf/

a9f87abbcc29fa1f8625687700625436/

3f5f30d938b93ef38625730800516

a57?OpenDocument, for NDEQ’s 2009 

Ambient Air Monitoring Network Plan. 

This Plan includes, among other things, 

the locations for the ozone monitoring 

network. On February 23, 2010, EPA 

approved Nebraska’s 2009 ambient air 

network monitoring plan. According to 

this Plan (at page 15), NDEQ also plans 

to conduct five-year monitoring network 

assessments, including the ozone 

monitoring network, as required by 40 

CFR 58.10(d). As mentioned previously 

under element (A), Title 129, Chapter 4, 

Section 005 of the NAC requires that 

attainment with the ozone standard be 

determined in accordance with the 

applicable Federal regulations in 40 

CFR Part 50, App. I. Nebraska submits 

air quality data to EPA’s Air Quality 

System (AQS) quarterly, pursuant to the 

provisions of work plans developed in 

conjunction with EPA grants to the 

state. 

Based on the foregoing, EPA believes 

that the Nebraska SIP meets the 

requirements of section 110(a)(2)(B) for 

the 1997 8-hour ozone NAAQS. 

(C) Program for enforcement of 

control measures (PSD, New Source 

Review for nonattainment areas, and 

construction and modification of all 

stationary sources): Section 110(a)(2)(C) 

requires states to include the following 

elements in the SIP: (1) A program 

providing for enforcement of all SIP 

measures described in Section 

110(a)(2)(A); (2) a program for the 

regulation of the modification and 

construction of stationary sources as 

necessary to protect the applicable 

NAAQS; and (3) a permit program to 

meet the major source permitting 

requirements of the Act (including the 

program for areas designated as not 

attaining the NAAQS, and a program for 

the prevention of significant 

deterioration of air quality program in 

other areas). Note that all areas of 

Nebraska are currently in attainment 

with the NAAQS. In addition, as 

discussed in further detail below, this 

proposed infrastructure SIP rulemaking 

will not address the Nebraska program 

for nonattainment area-related 

provisions, since these submittals are 

not applicable for the infrastructure SIP 

approval process. 

(1) With respect to enforcement of 

requirements of the SIP, Section 

81–1504(1) of the Nebraska Revised 

Statutes provide authority for NDEQ to 

enforce the requirements of the 

Nebraska Environmental Protection Act, 

and any regulations, permits, or final 

compliance orders issued under the 

provisions of that law. In addition, 

Section 81–1504(7) authorizes NDEQ to 

issue orders prohibiting or abating 

discharges of waste into the air and 

requiring the modification, extension or 

adoption of remedial measures to 

prevent, control, or abate air pollution. 

Section 81–1507 authorizes NDEQ to 

commence an enforcement action for 

any violations of the Environmental 

Protection Act, any rules or regulations 

promulgated thereunder, or any orders 

issued by NDEQ. This enforcement 

action can not only seek civil penalties, 

but also require that the recipient take 

corrective action to address the 

violation. See Section 81–1508.02. 

Section 81–1508.01 provides for 

criminal penalties for knowing or 

willful violations of the statute, 

regulations or permit conditions, in 

addition to other acts described in that 

section. 

(2) Section 110(a)(2)(C) also requires 

that the SIP include measures to 

regulate construction and modification 

of stationary sources to protect the 

NAAQS. Nebraska has a program under 

Title 129, Chapter 17 of the NAC that 

requires such sources to first obtain a 

construction permit from NDEQ. The 

permitting process is designed to ensure 

that new and modified sources will not 

interfere with NAAQS attainment. 

NDEQ has the authority to require the 

source applying for the permit to 

undergo an air quality impact analysis. 

If NDEQ determines that emissions from 

a constructed or modified source 

interfere with attainment of the NAAQS, 

it may deny the permit until the source 

makes the necessary changes to obviate 

the objections to the permit issuance. 

See Chapter 17, Sections 008 and 009 of 

the NAC. 

EPA has determined that Nebraska’s 

minor new source review (NSR) 

program adopted pursuant to section 

110(a)(2)(C) of the Act regulates 

emissions of ozone and its precursors. 

EPA has also determined that certain 

provisions of the state’s minor NSR 

program adopted pursuant to section 

110(a)(2)(C) of the Act likely do not 

meet all the requirements found in 

EPA’s regulations implementing that 

provision. See 40 CFR 51.160–51.164. 

EPA previously approved Nebraska’s 

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8The regulations at 40 CFR 52.21(b)(50) 

specifically state that nitrogen oxides and VOCs are 

considered precursors for ozone. 

minor NSR program into the SIP, and at 

the time there was no objection to the 

provisions of this program. See 37 FR 

10842 (May 31, 1972) and 60 FR 372 

(January 4, 1995). Since then, the state 

and EPA have relied on the existing 

state minor NSR program to assure that 

new and modified sources not captured 

by the major NSR permitting programs 

do not interfere with attainment and 

maintenance of the NAAQS. 

In this action, EPA is proposing to 

approve Nebraska’s infrastructure SIP 

for ozone with respect to the general 

requirement in Section 110(a)(2)(C) to 

include a program in the SIP that 

regulates the modification and 

construction of any stationary source as 

necessary to assure that the NAAQS are 

achieved. EPA is not proposing to 

approve or disapprove the state’s 

existing minor NSR program itself to the 

extent that it is inconsistent with EPA’s 

regulations governing this program. EPA 

believes that a number of states may 

have minor NSR provisions that are 

contrary to the existing EPA regulations 

for this program. EPA intends to work 

with states to reconcile state minor NSR 

programs with EPA’s regulatory 

provisions for the program. The 

statutory requirements of Section 

110(a)(2)(C) provide for considerable 

flexibility in designing minor NSR 

programs, and EPA believes it may be 

time to revisit the regulatory 

requirements for this program to give 

the states an appropriate level of 

flexibility to design a program that 

meets their particular air quality 

concerns, while assuring reasonable 

consistency across the country in 

protecting the NAAQS with respect to 

new and modified minor sources. 

(3) Nebraska also has a program 

approved by EPA which meets the 

requirements of Part C, relating to 

prevention of significant deterioration of 

air quality. Nebraska’s implementing 

rule, Title 129, Chapter 19, incorporates 

the relevant portions of the Federal rule, 

40 CFR 52.21 (as of July 1, 2004), by 

reference. In this action, EPA is not 

proposing to approve or disapprove any 

state rules with regard to NSR reform 

requirements. EPA will act on NSR 

reform submittals through a separate 

rulemaking process. For Nebraska, we 

have previously approved Nebraska’s 

NSR reform rules for attainment areas, 

and, as previously stated, Nebraska 

currently has no nonattainment areas. 

See 76 FR 15852, March 22, 2011. 

The Nebraska SIP also contains a 

permitting program for major sources 

and modifications in nonattainment 

areas (see Title 129, Chapter 17, Section 

013). This section is currently not 

applicable to Nebraska because all areas 

of Nebraska are currently in attainment 

with the NAAQS. Even if it were 

applicable, the SIP’s discussion of 

nonattainment areas is not addressed in 

this rulemaking (see discussion of the 

Section 110(a)(2)(I) requirements for 

nonattainment areas, below). 

With respect to the PSD program, the 

Nebraska SIP provides that ozone 

precursors (volatile organic 

compounds—VOCs and oxides of 

nitrogen—NOx) are regulated. For 

example, a stationary source that is 

major for VOCs is also major for ozone, 

pursuant to Chapter 2, Section 005 of 

the NAC. In addition, a source that 

undergoes an emissions increase or a 

net emissions increase of 40 tons per 

year of VOCs also is considered to have 

undergone an emissions increase or net 

emissions increase of 40 tons per year 

of ozone under the state’s prevention of 

significant deterioration of air quality 

program. See Chapter 19, Section 010.06 

of the NAC. In addition, because 

Nebraska defines ‘‘regulated NSR 

pollutant’’ to include pollutants for 

which a NAAQS has been promulgated 

and any precursors for such pollutants 

that have been identified by EPA,8

VOCs and NOx are therefore regulated 

by Nebraska as precursors for ozone. 

Finally, EPA notes that on March 22, 

2011, in a separate rulemaking, EPA 

approved the state of Nebraska’s 

revisions to its SIP to regulate GHGs 

under the Nebraska New Source Review 

Prevention of Significant Deterioration 

program. 76 FR 15852. Thus, we have 

previously determined that the 

Nebraska SIP meets the PSD 

requirements with respect to GHGs. 

On the basis of the foregoing, EPA 

believes that the Nebraska SIP and 

underlying statutory authority are 

adequate to meet the requirements of 

section 110(a)(2)(C) for the 1997 8-hour 

ozone NAAQS. 

(D) Interstate and international 

transport: Section 110(a)(2)(D)(i) 

requires SIPs to include provisions 

prohibiting any source or other type of 

emissions activity in one state from 

contributing significantly to 

nonattainment in, or interfering with 

maintenance by, another state with 

respect to the NAAQS, or from 

interfering with measures required in 

another state to prevent significant 

deterioration of air quality or to protect 

visibility. 

Nebraska addressed the provisions of 

Section 110(a)(2)(D)(i), as it relates to 

the 1997 ozone and PM standards, in 

the SIP submission received by EPA on 

May 18, 2007. EPA approved the 

portion of the Nebraska SIP submittal 

relating to Section 110(a)(2)(D)(i), on 

December 17, 2007 (72 FR 71245). 

Therefore, the proposed action 

addressed in this notice does not 

include the interstate transport 

elements, nor does this rulemaking 

reopen any aspect of EPA’s prior action 

on the transport elements for Nebraska 

for the 1997 standards. 

Section 110(a)(2)(D)(ii) requires that 

the SIP insure compliance with the 

applicable requirements of sections 126 

and 115, relating to interstate and 

international pollution abatement. 

Section 126(a) of the Act requires new 

or modified sources to notify 

neighboring states of potential impacts 

from sources within the state. Although 

Nebraska sources have not been 

identified by EPA as having any 

interstate or international impacts under 

Section 126 or Section 115 in any 

pending actions relating to the 1997 

ozone standards, the Nebraska 

regulations address abatement of the 

effects of interstate pollution. Title 129, 

Chapter 14, Section 010.03 of the NAC 

requires NDEQ, after receiving a 

complete PSD permit application, to 

notify EPA, as well as officials and 

agencies having cognizance where the 

proposed construction is to occur. This 

includes state or local air pollution 

control agencies and the chief 

executives of the city and county where 

the source would be located; any 

comprehensive regional land use 

planning agency; and any state, Federal 

Land Manager, or Indian governing 

body whose lands may be affected by 

emissions from the source or 

modification. Finally, we believe that 

Nebraska could use the same statutory 

authorities previously discussed, 

primarily Section 81–1505 of the 

Nebraska Revised Statutes, to respond to 

any future findings with respect to the 

1997 ozone standards. 

Based on the foregoing, EPA believes 

that Nebraska has the adequate 

infrastructure needed to address Section 

110(a)(2)(D)(ii) for the 1997 8-hour 

ozone NAAQS. 

(E) Adequate authority, resources, 

implementation, and oversight: Section 

110(a)(2)(E) requires that SIPs provide 

for the following: (1) Necessary 

assurances that the state (and other 

entities within the state responsible for 

implementing the SIP) have adequate 

personnel, funding, and authority under 

state or local law to implement the SIP, 

and that there are no legal impediments 

to such implementation; 

(2) requirements that the state comply 

with the requirements relating to state 

boards, pursuant to Section 128 of the 

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Act; and (3) necessary assurances that 

the state has responsibility for 

implementation of any plan provision 

for which it relies on local governments 

or other entities to carry out that portion 

of the plan. 

(1) With respect to adequate authority, 

we have previously discussed 

Nebraska’s authority to implement the 

SIP for the 1997 ozone standards, 

primarily in the discussion of Section 

110(a)(2)(A). Neither Nebraska nor EPA 

has identified any legal impediments to 

implementation of those standards. 

With respect to adequate resources, 

NDEQ asserts that it has adequate 

personnel to implement the SIP. State 

statutes provide NDEQ the authority to 

establish bureaus, divisions and or 

sections to carry out the duties and 

powers granted by the Nebraska state 

law to address the control of air 

pollution, to be administered by fulltime salaried, bureau, division or 

section chiefs. See Nebraska Revised 

Statutes Section 81–1504(14). NDEQ’s 

Air Quality Division is currently 

divided into the Permitting Section, the 

Compliance Section, and the Program 

Planning and Development Unit. 

With respect to funding, the Nebraska 

statutes require the EQC to establish 

various fees for sources, in order to fund 

the reasonable costs of implementing 

various air pollution control programs. 

For example, Section 81–1505(12)(e) of 

the Nebraska Revised Statutes requires 

the EQC to establish a requirement for 

sources to pay fees sufficient to pay the 

reasonable direct and indirect costs of 

developing and administering the air 

quality operating permit program. These 

costs include overhead charges for 

personnel, equipment, buildings and 

vehicles; enforcement costs; costs of 

emissions and ambient monitoring; and 

modeling analyses and demonstrations. 

See Nebraska Revised Statutes Section 

81–1505.04(2)(b). Similarly, Section 81– 

1505(12)(a) requires the EQC to 

establish application fees for air 

contaminant sources seeking to obtain a 

permit prior to construction. 

Section 81–1505.05 of the Nebraska 

Revised Statutes provides that all fees 

collected pursuant to Section 81– 

1505.04 be credited to the ‘‘Clean Air 

Title V Cash Fund’’ to be used solely to 

pay for the direct and indirect costs 

required to develop and administer the 

air quality permit program. Similarly, 

Section 81–1505.06 provides that all 

fees collected pursuant to Section 81– 

1505(12) be deposited in the ‘‘Air 

Quality Permit Cash Fund.’’ 

Nebraska uses funds in the non-Title 

V subaccounts, along with General 

Revenue funds and EPA grants under, 

for example, Sections 103 and 105 of the 

Act, to fund the programs. EPA 

conducts periodic program reviews to 

ensure that the state has adequate 

resources and funding to, among others, 

implement the SIP. 

(2) Conflict of interest provisions— 

Section 128 

Section 110(a)(2)(E) also provides that 

the state must meet the requirements of 

Section 128, relating to representation 

on state boards and conflicts of interest 

by members of such boards. We note 

that this particular provision is not 

related to promulgation or revision of 

any NAAQS, and we have not 

determined that Nebraska must show 

specifically that it meets this 

requirement with respect to the ozone 

infrastructure SIP for the 1997 

standards. However, the following 

discussion shows how Nebraska 

generally meets the requirements of 

Section 128. 

Section 128 requires that a SIPimplementing body which approves 

permits or enforcement orders under the 

Act must have at least a majority of 

members who represent the public 

interest and do not derive a ‘‘significant 

portion’’ of income from entities or 

individuals subject to permits and 

enforcement orders under the Act. In 

addition, Section 128 requires that 

members of such a body or the agency 

head with similar authorities adequately 

disclose any potential conflicts of 

interest. 

Section 81–1503 of the Nebraska 

Revised Statutes generally tracks the 

language of Section 128 of the Act. It 

provides guidelines on the composition 

of the 17 members of the Environmental 

Quality Council. It also requires that the 

Director of NDEQ (who is the person 

responsible for issuing permits and 

enforcement orders in Nebraska), before 

he or she enters the duty of his or her 

office, attest that he or she does not 

receive a significant portion of his or her 

income from permit-holders or 

applicants for a permit. Furthermore, 

Title 116 of the NAC provides the Code 

of Ethics for NDEQ, which includes 

prohibitions on conflicts of interest for 

all employees (including officers, 

employees, and directors). 

(3) With respect to assurances that the 

state has responsibility to implement 

the SIP when it authorizes local or other 

agencies to carry out portions of the 

plan, Section 81–1504(18) of the 

Nebraska Revised Statutes grants NDEQ 

the authority to encourage local units of 

government to handle air pollution 

problems within their own jurisdictions. 

NDEQ may delegate, by contract with 

governmental subdivisions which have 

adopted air pollution control programs, 

the enforcement of state-adopted air 

pollution control regulations within a 

specified region surrounding the 

jurisdictional area of the governmental 

subdivision. See Section 81–1504(23). 

However, the Nebraska statutes also 

retain authority in NDEQ to carry out 

the provisions of state air pollution 

control law. Section 81–1504(1) gives 

NDEQ ‘‘exclusive general supervision’’ 

of the administration and enforcement 

of the Nebraska Environmental 

Protection Act. In addition, Section 81– 

1504(4) designates NDEQ as the air 

pollution control agency for the 

purposes of the Clean Air Act. 

The state of Nebraska relies on two 

local agencies for assistance in 

implementing portions of the air 

pollution control program: Lincoln/ 

Lancaster County Health Department 

and Omaha Air Quality Control. NDEQ 

oversees the activities of these local 

agencies to ensure adequate 

implementation of the plan. NDEQ 

utilizes subgrants to the local agencies 

to provide adequate funding, and as an 

oversight mechanism. EPA conducts 

reviews of the local program activities 

in conjunction with its oversight of the 

state program. Based on the foregoing, 

EPA believes that Nebraska has the 

adequate infrastructure needed to 

address Section 110(a)(2)(E) for the 1997 

8-hour ozone NAAQS. 

(F) Stationary source monitoring 

system: Section 110(a)(2)(F) requires 

states to establish a system to monitor 

emissions from stationary sources and 

to submit periodic emission reports. 

That section also requires that the state 

correlate the source reports with 

emission limitations or standards 

established under the Act and make 

reports available for public inspection. 

To address this element, Section 81– 

1505(12)(o) of the Nebraska Revised 

Statutes gives the EQC the authority to 

promulgate rules and regulations for air 

pollution control, including 

requirements for owner or operator 

testing and monitoring of emissions. It 

also gives the EQC the authority to 

promulgate similar rules and regulations 

for the periodic reporting of these 

emissions. See Section 81–1505(12)(l). 

Chapter 34, Section 002 of the NAC 

incorporates various EPA reference 

methods for testing source emissions, 

including methods for NOX and VOCs. 

The Federal test methods are in 40 CFR 

Part 60, App. A. 

The Nebraska regulations also require 

that all Class I and Class II operating 

permits include requirements for 

monitoring of emissions. See Chapter 8, 

Sections 004.01 and 015 of the NAC. 

Furthermore, Chapter 34, Section 001 of 

the NAC allows NDEQ to order an 

emissions source to make or have tests 

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made to determine the rate of 

contaminant emissions from the source 

whenever NDEQ has reason to believe 

that the existing emissions from the 

source exceed the applicable emissions 

limits. 

The Nebraska regulations also impose 

reporting requirements on sources 

subject to permitting requirements. See 

Chapter 6, Section 001; Chapter 8, 

Sections 004.03 and 015 of the NAC. 

Nebraska makes all monitoring reports 

submitted as part of Class I or Class II 

permit a publicly available document. 

Although sources can submit a claim of 

confidentiality for some of the 

information submitted, Nebraska 

regulations specifically exclude 

emissions data from being entitled to 

confidential protection. See Chapter 7, 

Section 004 of the NAC. Nebraska uses 

this information to track progress 

towards maintaining the NAAQS, 

developing control and maintenance 

strategies, identifying sources and 

general emission levels, and 

determining compliance with emission 

regulations and additional EPA 

requirements. 

EPA believes that Nebraska has the 

adequate infrastructure needed to 

address section 110(a)(2)(F) for the 1997 

8-hour ozone NAAQS. 

(G) Emergency authority: Section 

110(a)(2)(G) requires states to provide 

for authority to address activities 

causing imminent and substantial 

endangerment to public health or 

welfare or the environment (comparable 

to the authorities provided in Section 

303 of the Act), including contingency 

plans to implement the emergency 

authorities. 

Section 81–1507 of the Nebraska 

Revised Statutes states that whenever 

the Director of NDEQ finds that an 

emergency exists requiring immediate 

action to protect the public health and 

welfare, he or she may issue an order 

requiring that such action be taken as 

the Director deems necessary to meet 

the emergency. Chapter 38, Section 003 

of the NAC states that the conditions 

justifying the proclamation of an air 

pollution alert, air pollution warning, or 

air pollution emergency exist whenever 

the Director determines that the 

accumulation of air pollutants in any 

place is attaining or has attained levels 

which could, if such levels are 

sustained or exceeded, lead to a 

substantial threat to the health of 

persons. This regulation also establishes 

action levels for various air pollutants, 

including ozone. The action levels 

(which include ‘‘Air Pollution Alert,’’ 

‘‘Air Pollution Warning,’’ and ‘‘Air 

Pollution Emergency’’) and associated 

contingency measures vary depending 

on the severity of the ozone 

concentrations. Appendix I to Title 129 

of the NAC provides an Emergency 

Response Plan with actions to be taken 

under each of the severity levels. These 

steps are designed to prevent the 

excessive build-up of air pollutants to 

concentrations which can result in 

imminent and substantial danger to 

public health. Both the regulation at 

Chapter 38 and the Emergency Response 

Plan are contained in the federally 

approved SIP. 

EPA believes that the Nebraska SIP 

adequately addresses section 

110(a)(2)(G) for the 1997 8-hour ozone 

NAAQS. 

(H) Future SIP revisions: Section 

110(a)(2)(H) requires states to have the 

authority to revise their SIPs in response 

to changes in the NAAQS, availability of 

improved methods for attaining the 

NAAQS, or in response to an EPA 

finding that the SIP is substantially 

inadequate to attain the NAAQS. 

As discussed previously, Section 81– 

1504 of the Nebraska Revised Statutes 

authorizes NDEQ to regulate air quality 

and implement air quality control 

regulations. It also authorizes NDEQ to 

act as the state air pollution control 

agency for all purposes of the Clean Air 

Act. Section 81–1505(1) gives the EQC 

the authority to adopt and promulgate 

rules which set air standards that will 

protect public health and welfare. This 

authority includes the authority to 

revise rules as necessary to respond to 

a revised NAAQS (see, for example, the 

discussion above regarding Nebraska’s 

adoption of the 1997 ozone NAAQS). 

EPA believes that Nebraska has the 

adequate authority to address section 

110(a)(2)(H) for the 1997 8-hour ozone 

NAAQS. 

(I) Nonattainment areas: 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 Act, 

relating to SIP requirements for 

designated nonattainment areas. 

This section is currently not 

applicable to Nebraska because all areas 

of Nebraska are currently in attainment 

with the NAAQS. Nevertheless, EPA 

notes that the Nebraska regulations have 

provisions in place which address 

construction or modification of sources 

in nonattainment areas. See Chapter 17, 

Section 013 of the NAC. These 

regulations are contained in the 

federally approved SIP. 

EPA has not addressed section 

110(a)(2)(I) in its recent infrastructure 

SIP guidance because Part D SIPs are 

due on a different schedule than the 

infrastructure SIP submittal schedule. 

(See, e.g., the infrastructure SIP 

guidance for the revised lead standard, 

73 FR 67034, n. 113, Nov. 12, 2008, and 

the infrastructure SIP guidance for the 

revised NO2 standards, 75 FR 6523, n. 

27, Feb. 9, 2010.) Therefore, this 

proposal does not address section 

110(a)(2)(I). EPA will take action on any 

part D nonattainment plans through a 

separate rulemaking. 

(J) Consultation with government 

officials, Public Notification, PSD and 

visibility protection: Section 110(a)(2)(J) 

requires SIPs to meet the applicable 

requirements of the following CAA 

provisions: (1) Section 121, relating to 

interagency consultation regarding 

certain CAA requirements; (2) Section 

127, relating to public notification of 

NAAQS exceedances and related issues; 

and (3) Part C of the Act, relating to 

prevention of significant deterioration of 

air quality and visibility protection. 

(1) With respect to interagency 

consultation, Section 81–1504(3) 

authorizes NDEQ to advise and consult 

and cooperate with other Nebraska state 

agencies, the Federal government, other 

states, interstate agencies, and with 

affected political subdivisions, for the 

purpose of implementing its air 

pollution control responsibilities. 

Nebraska also has appropriate 

interagency consultation provisions in 

its preconstruction permit program. See, 

e.g., Chapter 14, Section 010 of the NAC 

(requiring NDEQ to send a copy of a 

notice of public comment on 

construction permit applications to any 

state or local air pollution control 

agency; the chief executives of the city 

and county in which the source would 

be located; any comprehensive regional 

land use planning agency; and any state, 

Federal Land Manager, or Indian 

governing body whose lands may be 

affected by emissions from the source or 

modification). 

(2) With respect to the requirements 

for public notification in CAA Section 

127, Chapter 38 of the NAC, discussed 

previously in connection with the 

state’s authority to address emergency 

episodes, contains provisions for public 

notification of elevated ozone and other 

air pollutant levels. Appendix I to Title 

129 of the NAC includes measures 

which can be taken by the public to 

reduce concentrations. In addition, 

information regarding air pollution and 

related issues, is provided on an NDEQ 

Web site, http://www.deq.state.ne.us/

NDEQSite.nsf/AirDivSecProg?Open

View&Start=1&ExpandView

&Count=500. NDEQ also prepares an 

annual report on air quality in the state 

which is available to the public on its 

Web site, at http://www.deq.state.ne.us/ 

Publica.nsf/c4afc76e4e077e1186256877

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0059b73f/b278ea4efe68274

7862575e60050d633?OpenDocument. 

(3) With respect to the applicable 

requirements of Part C, relating to 

prevention of significant deterioration of 

air quality and visibility protection, we 

previously noted in the discussion of 

Section 110(a)(2)(C) (relating to 

enforcement of control measures) how 

the Nebraska SIP meets the PSD 

requirements, incorporating the Federal 

rule by reference. With respect to the 

visibility component of Section 

110(a)(2)(J), we reiterate the statutory 

requirement providing, in relevant part, 

that each plan must meet the 

‘‘applicable requirements’’ of Part C (of 

Title I of the Act) relating to visibility 

protection. We note that the other Part 

C requirements specified in section 

110(a)(2)(J) (applicable requirements 

relating to prevention of significant 

deterioration of air quality), specifically 

relate to the 1997 and 2006 NAAQS (as 

well as other pollutants regulated under 

the CAA), and a state must be able to 

implement those requirements with 

respect to a new or revised NAAQS 

when promulgated. In contrast to the 

PSD program, the visibility protection 

requirements are not directly related to 

the promulgation of, or revision to, a 

NAAQS. While the SIP must 

independently meet the visibility 

protection requirements of Part C by 

virtue of the specific SIP requirements 

in sections 169A and 169B of the Act, 

EPA believes that the visibility 

protection requirements are not 

‘‘applicable requirements’’ within the 

meaning of section 110(a)(2)(J) and that 

the infrastructure SIP is not required to 

be revised with respect to visibility 

protection merely due to promulgation 

of, or revision to, these 1997 ozone 

NAAQS. 

For the reasons stated above, EPA 

believes that Nebraska has met the 

applicable requirements of Section 

110(a)(2)(J) for the 1997 8-hour ozone 

NAAQS in the state. 

(K) Air quality and modeling/data: 

Section 110(a)(2)(K) requires that SIPs 

provide for performing air quality 

modeling, as prescribed by EPA, to 

predict effects on ambient air quality of 

emissions of any NAAQS pollutant, and 

for submission of such data to EPA 

upon request. 

Nebraska has authority to conduct air 

quality modeling and report the results 

of such modeling to EPA. Section 81– 

1504(5) provides NDEQ with the 

authority to encourage, participate in, or 

conduct studies, investigations, research 

and demonstrations relating to air 

pollution and its causes and effects. As 

an example of regulatory authority to 

perform modeling for purposes of 

determining NAAQS compliance, the 

regulations at Chapter 19, Section 019 

provide for the use of EPA-approved air 

quality models (e.g., those found in 40 

CFR Part 51, App. W) for construction 

permitting. If the use of these models is 

inappropriate, the model may be 

modified or an alternate model may be 

used with the approval of NDEQ and 

EPA. 

The Nebraska regulations also give 

NDEQ the authority to require that 

modeling data be submitted for analysis. 

Chapter 19, Section 021.02 states that 

upon request by NDEQ, the owner or 

operator of a proposed source or 

modification must provide information 

on the air quality impact of the source 

or modification, including all 

meteorological and topographical data 

necessary to estimate such impact. 

EPA believes that Nebraska has the 

adequate infrastructure needed to 

address Section 110(a)(2)(K) for the 

1997 8-hour ozone NAAQS. 

(L) Permitting Fees: Section 

110(a)(2)(L) requires SIPs to require 

each major stationary source to pay 

permitting fees to the permitting 

authority to cover the cost of reviewing, 

approving, implementing and enforcing 

a permit. That section provides that the 

fee requirement applies until a fee 

program established by the state 

pursuant to Title V of the Act, relating 

to operating permits, is approved by 

EPA. 

Section 81–1505 of the Nebraska 

Revised States provides authority for 

NDEQ to collect permit fees, including 

Title V fees. For example, Section 81– 

1505(e) requires that the EQC establish 

fees sufficient to pay the reasonable 

direct and indirect of developing and 

administering the air quality permit 

program. Nebraska’s Title V program, 

including the fee program addressing 

the requirements of the Act and 40 CFR 

70.9 relating to Title V fees, was 

approved by EPA on October 18, 1995 

(60 FR 53872). Therefore, EPA believes 

that the requirements of Section 

110(a)(2)(L) are met. 

(M) Consultation/participation by 

affected local entities: Section 

110(a)(2)(M) requires SIPs to provide for 

consultation and participation by local 

political subdivisions affected by the 

SIP. 

Section 81–1504 of the Nebraska 

Revised Statutes gives NDEQ the 

authority to encourage local 

governments to handle air pollution 

problems within their respective 

jurisdictions and at the same time 

provide them with technical and 

consultative assistance. NDEQ is also 

authorized to delegate the enforcement 

of air pollution control regulations 

down to governmental subdivisions 

which have adopted air pollution 

control programs. As discussed 

previously, NDEQ currently relies on 

two local agencies for assistance in 

implementing portions of the air 

pollution control program: Lincoln/ 

Lancaster County Health Department 

and Omaha Air Quality Control. 

In addition, as previously noted in the 

discussion about Section 110(a)(2)(J), 

Nebraska’s statutes and regulations 

require that NDEQ consult with local 

political subdivisions for the purposes 

of carrying out its air pollution control 

responsibilities. 

Therefore, EPA believes that Nebraska 

has the adequate infrastructure needed 

to address Section 110(a)(2)(M) for the 

1997 8-hour ozone NAAQS. 

IV. What action is EPA proposing? 

EPA proposes to approve the State 

Implementation Plan (SIP) submittal 

from the state of Nebraska which 

addresses the requirements of Clean Air 

Act section 110(a)(2) for the 1997 

revisions to the National Ambient Air 

Quality Standards (NAAQS) for ozone. 

As described above, EPA believes that 

Nebraska has the required infrastructure 

to address all elements of section 

110(a)(2) to ensure that the revised 

ozone standards are implemented in the 

state. 

We are hereby soliciting comment on 

this proposed action. Final rulemaking 

will occur after consideration of any 

comments. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 

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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). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

Statutory Authority 

The statutory authority for this action 

is provided by Section 110 of the CAA, 

as amended (42 U.S.C. 7410). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone. 

Dated: March 23, 2011. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2011–7454 Filed 3–29–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2011–0304 FRL–9288–1] 

Approval and Promulgation of 

Implementation Plans; State of Kansas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP) 

submittal from the State of Kansas 

addressing the requirements of Clean 

Air Act (CAA) sections 110(a)(1) and (2) 

for the 1997 revisions to the National 

Ambient Air Quality Standards 

(NAAQS) for ozone. Section 110(a)(1) 

requires that each state adopt and 

submit a SIP to support implementation 

of each new or revised NAAQS 

promulgated by the EPA and these SIPs 

are commonly referred to as 

‘‘infrastructure’’ SIPs. EPA believes that 

Kansas’ infrastructure SIP adequately 

addresses the elements described in 

section 110(a)(2) and further described 

in the October 2, 2007 guidance for 

infrastructure SIPs issued by the EPA 

Office of Air Quality Planning and 

Standards. However, because EPA 

already approved the portion of Kansas’ 

SIP submittal relating to the interstate 

transport infrastructure element, section 

110(a)(2)(D)(i), this proposed 

rulemaking does not address the 

interstate transport element, nor does 

this proposal reopen any aspect of 

EPA’s prior action on the interstate 

transport element. Furthermore, this 

action does not address infrastructure 

requirements with respect to the 1997 

PM2.5 NAAQS or the 2006 revisions to 

the NAAQS. Those requirements will be 

addressed in future rulemaking. 

DATES: Comments must be received on 

or before April 29, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2011–0304 by one of the following 

methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: kramer.elizabeth@epa.gov. 

3. Mail: Ms. Elizabeth Kramer, Air 

Planning and Development Branch, U.S. 

Environmental Protection Agency, 

Region 7, Air and Waste Management 

Division, 901 North 5th Street, Kansas 

City, Kansas 66101. 

4. Hand Delivery or Courier: Deliver 

your comments to Ms. Elizabeth 

Kramer, Air Planning and Development 

Branch, U.S. Environmental Protection 

Agency, Region 7, Air and Waste 

Management Division, 901 North 5th 

Street, Kansas City, Kansas 66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2011– 

0304. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and should be free of any 

defects or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://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 in http:// 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, Region 7, 901 North 5th Street, 

Kansas City, Kansas 66101, from 8 a.m. 

until 4:30 p.m., Monday through Friday, 

excluding legal holidays. The interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Elizabeth Kramer, Air Planning and 

Development Branch, U.S. 

Environmental Protection Agency, 

Region 7, 901 North 5th Street, Kansas 

City, Kansas 66101; telephone number: 

(913) 551–7186; fax number: (913) 551– 

7844; e-mail address: 

kramer.elizabeth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer to 

EPA. This section provides additional 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS