51952 Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations 

(b) meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian tribes 

(Executive Order 13175 and Department 

Policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance and tribal sovereignty. We 

have evaluated this rule under the 

Department’s consultation policy and 

under the criteria in Executive Order 

13175 and have determined that it has 

no substantial direct effects on federally 

recognized Indian tribes and that 

consultation under the Department’s 

tribal consultation policy is not 

required. Affiliated Native American 

tribes were contacted by letters sent in 

June, 2012 and May, 2013 to solicit any 

interests or concerns with the proposed 

action. No responses were received by 

the Park. 

Paperwork Reduction Act (PRA) 

This rule does not contain 

information collection requirements, 

and a submission to the Office of 

Management and Budget under the PRA 

is not required. 

National Environmental Policy Act 

(NEPA) 

We have prepared an environmental 

impact statement and have determined 

that this rule will not have a significant 

effect on the quality of the human 

environment under the NEPA of 1969. 

The TMP/EIS for the Park and ROD that 

included an evaluation of bicycling 

within the proposed areas may be 

viewed online at http://

parkplanning.nps.gov/

cuyahogatrailplan. 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A statement of Energy 

Effects is not required. 

Drafting Information 

The primary authors of this regulation 

are Lynn Garrity, and Kim Norley, 

Cuyahoga Valley National Park, and C. 

Rose Wilkinson and A.J. North, NPS 

Regulations Program, Washington, DC. 

List of Subjects in 36 CFR Part 7 

National Parks, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, the 

NPS amends 36 CFR part 7 as set forth 

below: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

■ 1. The authority for Part 7 continues 

to read as follows: 

Authority: 54 U.S.C. 100101, 100751, 

320102; Sec. 7.96 also issued under D.C. 

Code 10–137 and D.C. Code 50–2201.07. 

■ 2. Amend § 7.17 by revising the 

section heading and adding paragraph 

(b) to read as follows: 

§ 7.17 Cuyahoga Valley National Park. 

* * * * * 

(b) Bicycles. (1) The Superintendent 

may authorize bicycle use on all or 

portions of each of the following trails: 

(i) East Rim (approximately 10 miles); 

(ii) Old Carriage Connector Trail 

(approximately 0.35 miles); and 

(iii) Highland Connector Trail 

(approximately 1.0 mile). 

(2) After trail construction is 

complete: 

(i) To authorize bicycle use, the 

Superintendent must make a written 

determination that: 

(A) The trail is open for public use; 

and 

(B) Bicycle use is consistent with the 

protection of the park area’s natural, 

scenic and aesthetic values, safety 

considerations, and management 

objectives, and will not disturb wildlife 

or park resources. 

(ii) The Superintendent will provide 

public notice of all such actions through 

one or more of the methods listed in 

§ 1.7 of this chapter. 

(3) The Superintendent may open or 

close authorized trails, or portions 

thereof, or impose conditions or 

restrictions for bicycle use after taking 

into consideration public health and 

safety, natural and cultural resource 

protection, and other management 

activities and objectives. 

(i) The Superintendent will provide 

public notice of all such actions through 

one or more of the methods listed in 

§ 1.7 of this chapter. 

(ii) Violating a closure, condition, or 

restriction is prohibited. 

Dated: July 31, 2015. 

Michael Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2015–21198 Filed 8–26–15; 8:45 am] 

BILLING CODE 4310–EJ–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0269; FRL–9933–04– 

Region 7] 

Partial Approval and Disapproval of Air 

Quality Implementation Plans; 

Nebraska; Revision to the State 

Implementation Plan (SIP) 

Infrastructure Requirements for the 

1997 and 2006 Fine Particulate Matter 

National Ambient Air Quality 

Standards and the Revocation of the 

PM10 Annual Standard and Adoption of 

the 24hr PM2.5 Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

partially approve and disapprove 

elements of a State Implementation Plan 

(SIP) submission from the State of 

Nebraska addressing the applicable 

requirements of Clean Air Act (CAA) 

section 110 for the 1997 and 2006 

National Ambient Air Quality Standards 

(NAAQS) for fine particulate matter 

(PM2.5), which requires that each state 

adopt and submit a SIP to support 

implementation, maintenance, and 

enforcement of each new or revised 

NAAQS promulgated by EPA. These 

SIPs are commonly referred to as 

‘‘infrastructure’’ SIPs. The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. 

Additionally, EPA is taking final action 

approving the revocation of the coarse 

particulate matter (PM10) annual 

standard and adoption of the 24hr PM2.5

standard. 

DATES: This final rule is effective 

September 28, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2015–0269. All 

documents in the electronic docket are 

listed in the 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 at http://

www.regulations.gov or at U.S. 

Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 from 8:00 a.m. to 


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Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations 51953 

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

excluding legal holidays. Interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Gregory Crable, Air Planning and 

Development Branch, U.S. 

Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, KS 66219; telephone number: 

(913) 551–7391; fax number: (913) 551– 

7065; email address: crable.gregory@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. This 

section provides additional information 

by addressing the following: 

I. Background 

II. Summary of SIP Revision 

III. Final Action 

IV. Statutory and Executive Order Review 

I. Background 

On May 28, 2015, (80 FR 30404), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Nebraska. The NPR proposed partial 

approval and disapproval of Nebraska’s 

submission that provides the basic 

elements specified in section 110(a)(2) 

of the CAA, or portions thereof, 

necessary to implement, maintain, and 

enforce the 1997 and 2006 PM2.5

NAAQS. At the same time, EPA 

proposed approval of the revocation of 

the PM10 annual standard and adoption 

of the 24 hr. PM2.5 NAAQS standard. 

II. Summary of SIP Revision 

On April 3, 2008, EPA received a SIP 

submission from the state of Nebraska 

that addressed the infrastructure 

elements specified in section 110(a)(2) 

for the 1997 PM2.5 NAAQS. Then on 

August 29, 2011, EPA received a second 

SIP submission addressing the 

infrastructure elements specified in 

section 110(a)(2) for the 2006 PM2.5

NAAQS. Both submissions addressed 

the following infrastructure elements of 

section 110(a)(2): (A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M). 

Specific requirements of section 

110(a)(2) of the CAA and the rationale 

for EPA’s proposed action to approve 

and disapprove the SIP submissions are 

explained in the NPR and will not be 

restated here. No public comments were 

received on the NPR. 

Finally, a third submission was 

received by the EPA on November 14, 

2011, as a part of a larger submission 

dealing with various title 129 revisions, 

which we will address at a later date. 

This submission revises Chapter 4, Title 

129 of the Nebraska Administrative 

Code. The change repeals the annual 

NAAQS for PM10 which was revoked by 

the EPA on October 17, 2006, and 

adopts the new 24-hour PM2.5 NAAQS 

which was issued by EPA, at the same 

time (71 FR 61144). 

III. Final Action 

EPA is approving Nebraska’s April 3, 

2008, and August 29, 2011, submissions 

for the 1997 and 2006 PM2.5 NAAQS 

respectively. Specifically, EPA approves 

the following infrastructure elements: 

110(a)(2)(A), (B), (C), (D)(i)(II) (prong 3), 

(D)(ii) (E), (F), (G), (H), (J), (K), (L), and 

(M) of the CAA, or portions thereof, 

necessary to implement, maintain, and 

enforce the 1997 and 2006 PM2.5

NAAQS, as a revision to the Nebraska 

SIP. At the same time, EPA is 

disapproving 110(a)(2)(D)(i)(II) (prong 4) 

as it relates to the protection of 

visibility. As discussed in each 

applicable section of the NPR, EPA is 

not acting on section 110(a)(2)(D)(i)(I) 

(prongs 1 and 2), and section 

110(a)(2)(I)—Nonattainment Area Plan 

or Plan Revisions Under part D. And 

finally, EPA is approving the November 

14, 2011 SIP submittal repealing the 

annual NAAQS for PM10 and adopting 

the new 24hr PM2.5 NAAQS. 

IV. Statutory and Executive Order 

Review 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Nebraska regulations 

for Ambient Air Quality Standards and 

the EPA approved Nebraska 

nonregulatory provisions described in 

the amendments to 40 CFR part 52 set 

forth below. EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

Under the CAA the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 


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51954 Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 26, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: August 17, 2015. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart CC—Nebraska 

■ 2. Amend § 52.1420 by: 

■ a. Under paragraph (c) in the table 

entitled ‘‘EPA-Approved Nebraska 

Regulations’’, revising the entry for 

‘‘129–4’’; and 

■ b. Under paragraph (e), in the table 

entitled ‘‘EPA-Approved Nebraska 

Nonregulatory Provisions’’, adding an 

entry for (30) in numerical order. 

The revisions and additions read as 

follows: 

§ 52.1420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEBRASKA REGULATIONS

Nebraska citation Title State effective 

date EPA approval date Explanation 

STATE OF NEBRASKA 

Department of Environmental Quality 

Title 129—Nebraska Air Quality Regulations 

*******

129–4 ............................. Ambient Air Quality 

Standards.

8/18/08 8/27/2015 and insert 

Federal Register 

page number where 

the document begins.

This revision to Chapter 4 repeals the annual 

National Ambient Air Quality Standard 

(NAAQS) for PM10 and adopts the Federal 

24-hour NAAQS for PM2.5. The standard was 

reduced from 65 to 35 micrograms per cubic 

meter by EPA on December 18, 2006. 

* * * * * * * 

* * * * * (e) * * * 

EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable geographic 

area or nonattainment 

area 

State submittal 

date EPA approval date Explanation 

*******

(30) Section 110(a)(2) 

Infrastructure Requirements for the 1997 

and 2006 PM2.5

NAAQS.

Statewide ..................... 4/3/08 

8/29/11 

8/27/2015 and [Insert 

Federal Register citation].

This action addresses the following CAA elements 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), 

(E), (F), (G), (H), (J), (K), (L), and (M). 

[FR Doc. 2015–21018 Filed 8–26–15; 8:45 am] 

BILLING CODE 6560–50–P 


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