Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations 55267 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 16, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: August 12, 2015. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart CC—Nebraska 

■ 2. Amend § 52.1420 by adding and 

reserving an entry for ‘‘(28)’’, and by 

adding an entry for ‘‘(29)’’ in numerical 

order under paragraph (e), in the table 

entitled ‘‘EPA-Approved Nebraska 

Nonregulatory Provisions’’. 

The addition reads as follows: 

§ 52.1420 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable geographic 

or nonattainment area 

State submittal date EPA approval date Explanation 

*******

(28) [Reserved].

(29) Section 110(a)(2) Infrastructure Requirements for the 2008 O3

NAAQS.

Statewide ...................... 2/11/13 ...... 9/15/15, [Insert Federal 

Register citation].

[EPA–R07–OAR–2015–0270; Region 7] This action addresses the following CAA elements 

110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), 

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

[FR Doc. 2015–20619 Filed 9–14–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0565; FRL–9932–84– 

Region 7] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Nebraska; Cross-State Air Pollution 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

Implementation Plan (SIP) submitted by 

the State of Nebraska in a letter dated 

March 30, 2015. This SIP revision 

provides Nebraska’s state-determined 

allowance allocations for existing 

electric generating units (EGUs) in the 

State for the 2016 control periods and 

replaces the allowance allocations for 

the 2016 control periods established by 

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55268 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations 

1Federal Implementation Plans: Interstate 

Transport of Fine Particulate Matter and Ozone and 

Correction of SIP Approvals; August 8, 2011 (76 FR 

48208). 

2The CSAPR is implemented in two Phases (I and 

II) with Phase I referring to 2015 and 2016 control 

periods, and Phase II consisting of 2017 and beyond 

control periods. 

3Rule To Reduce Interstate Transport of Fine 

Particulate Matter and Ozone (Clean Air Interstate 

Rule); Revisions to Acid Rain Program; Revisions to 

the NOX SIP Call; May 12, 2005 (70 FR 25162). 

4North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 

2008), modified on reh’g, 550 F.3d 1176 (D.C. Cir. 

2008). 

5The CSAPR obligations related to ozone-season 

NOX emissions for five states were established in 

a separate rule referred to here as the Supplemental 

Rule. Federal Implementation Plans for Iowa, 

Michigan, Missouri, Oklahoma, and Wisconsin and 

Determination for Kansas Regarding Interstate 

Transport of Ozone; December 27, 2011 (76 FR 

80760). 

6National Ambient Air Quality Standards for 

Particulate Matter; July 18, 1997 (62 FR 36852). 

EPA under the Cross-State Air Pollution 

Rule (CSAPR). The CSAPR addresses 

the ‘‘good neighbor’’ provision of the 

Clean Air Act (CAA or Act) that requires 

states to reduce the transport of 

pollution that significantly affects 

downwind air quality. In this final 

action EPA is approving Nebraska’s SIP 

revision, incorporating the statedetermined allocations for the 2016 

control periods into the SIP, and 

amending the regulatory text of the 

CSAPR Federal Implementation Plan 

(FIP) to reflect this approval and 

inclusion of the state-determined 

allocations. EPA is taking direct final 

action to approve Nebraska’s SIP 

revision because it meets the 

requirements of the CAA and the 

CSAPR requirements to replace EPA’s 

allowance allocations for the 2016 

control periods. This action is being 

taken pursuant to the CAA and its 

implementing regulations. EPA’s 

allocations of CSAPR trading program 

allowances for Nebraska for control 

periods in 2017 and beyond remain in 

place until the State submits and EPA 

approves state-determined allocations 

for those control periods through 

another SIP. The CSAPR FIPs for 

Nebraska remain in place until such 

time as the State decides to replace the 

FIPs with a SIP revision. 

DATES: This direct final rule will be 

effective October 26, 2015, without 

further notice, unless EPA receives 

adverse comment by October 15, 2015. 

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–2015–0565, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: Kemp.lachala@epa.gov. 

3. Mail or Hand Delivery: Lachala 

Kemp, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2015– 

0565. 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 http://

www2.epa.gov/dockets/commentingepa-dockets. The 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 

email comment directly to EPA without 

going through www.regulations.gov, 

your email 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 be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the 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 form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or at the 

Environmental Protection Agency, Air 

Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 to 4:30 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: 

Lachala Kemp, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7214 or by email at 

Kemp.lachalasa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. 2016 CSAPR SIPs 

III. What is EPA’s analysis of Nebraska’s 

submission? 

IV. Final Action 

I. What is being addressed in this 

document? 

EPA is taking direct final action to 

approve revisions to the SIP submitted 

by the State of Nebraska in a letter dated 

March 30, 2015, that modifies the 

allocations of allowances established by 

EPA under the CSAPR FIPs for existing 

EGUs for the 2016 control periods.1 The 

CSAPR allows a subject state, instead of 

EPA, to allocate allowances under the 

SO2 annual, NOX annual, and NOX

ozone season trading programs to 

existing EGUs in the State for the 2016 

control periods provided that the state 

meets certain regulatory requirements.2

EPA issued the CSAPR on August 8, 

2011, to address CAA section 

110(a)(2)(D)(i)(I) requirements 

concerning the interstate transport of air 

pollution and to replace the Clean Air 

Interstate Rule 3 (CAIR), which the 

United States Court of Appeals for the 

District of Columbia Circuit (D.C. 

Circuit) remanded to EPA for 

replacement.4 EPA found that emissions 

of SO2 and NOX in 28 eastern, 

midwestern, and southern states 5

contribute significantly to 

nonattainment or interfere with 

maintenance in one or more downwind 

states with respect to one or more of 

three air quality standards—the annual 

PM2.5 NAAQS promulgated in 1997 6 (15 

micrograms per cubic meter (mg/m3)), 

the 24-hour PM2.5 NAAQS promulgated 

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Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations 55269 

7National Ambient Air Quality Standards for 

Particulate Matter; October 17, 2006 (71 FR 61144). 

8National Ambient Air Quality Standards for 

Ozone; July 18, 1997 (62 FR 38856). 

9On July 28, 2015, the D.C. Circuit, issued an 

opinion upholding CSAPR, but remanding without 

vacatur certain state emissions budgets to EPA for 

reconsideration. EME Homer City Generation, L.P. 

v. EPA, No. 11–1302, slip op. CSAPR 

implementation at this time remains unaffected by 

the court decision, and EPA will address the 

remanded emissions budgets in a separate 

rulemaking. Moreover, Nebraska’s emissions 

budgets were not among those remanded to EPA for 

reconsideration. 

10States can also submit SIP revisions to replace 

EPA-determined, existing-unit allocations with 

state-determined allocations for control periods 

after 2016 via a separate process described at 40 

CFR 52.38(a)(4), (a)(5), (b)(4), and (b)(5) and 

52.39(e), (f), (h), and (i). 

11For the five states (Iowa, Michigan, Missouri, 

Oklahoma, and Wisconsin) covered in the 

Supplemental Rule in the case of ozone season 

NOX, March 6, 2012, was originally the date by 

which notifications of intentions to submit state 

allocations were due to the Administrator, but that 

date was later delayed to March 6, 2015. See 76 FR 

80760 and 79 FR 71671. 

12The docket for today’s action contains 

Nebraska’s October 17, 2011, letter notifying EPA of 

its intention to submit a SIP revision with respect 

to allocations of both annual NOX allowances and 

annual SO2 allowances. 

13Rulemaking to Amend Dates in Federal 

Implementation Plans Addressing Interstate 

Transport of Ozone and Fine Particulate Matter; 

December 3, 2014 (79 FR 71663). 

in 2006 7 (35 mg/m3), and the 8-hour 

ozone NAAQS promulgated in 1997 8

(0.08 parts per million). The CSAPR 

identified emission reduction 

responsibilities of upwind states, and 

also promulgated enforceable FIPs to 

achieve the required emission 

reductions in each of these states 

through cost effective and flexible 

requirements for power plants. 

Nebraska is subject to the FIPs that 

implement the CSAPR and require 

certain EGUs to participate in the EPAadministered federal SO2 annual and 

NOX annual cap-and trade programs.9

Nebraska’s March 30, 2015, SIP revision 

allocates allowances under the CSAPR 

to existing EGUs in the State for the 

2016 control periods only. Nebraska’s 

SIP revision includes state-determined 

allocations for the CSAPR NOX annual 

and SO2 Group 2 annual trading 

programs, and complies with the 2016 

NOX allocation and SO2 allocation SIP 

requirements set forth at 40 CFR 52.38 

and 52.39, respectively. Pursuant to 

these regulations, a state may replace 

EPA’s CSAPR allowance allocations for 

existing EGUs for the 2016 control 

periods provided that the state submits 

a timely SIP revision containing those 

allocations to EPA that meets the 

requirements in 40 CFR 52.38 and 

52.39. 

Through this action, EPA is approving 

Nebraska’s March 30, 2015, SIP 

revision, incorporating the allocations 

into the SIP, and amending the CSAPR 

FIP’s regulatory text for Nebraska at 40 

CFR 52.1428 and 52.1429 to reflect this 

approval and inclusion of the statedetermined allowance allocations for 

the 2016 control periods. EPA’s 

allocations of CSAPR trading program 

allowances for Nebraska for control 

periods in 2017 and beyond remain in 

place until the State submits and EPA 

approves state-determined allocations 

for those control periods through 

another SIP revision. EPA is not making 

any other changes to the CSAPR FIPs for 

Nebraska in this action. The CSAPR 

FIPs for Nebraska remain in place until 

such time the State decides to replace 

the FIPs with a SIP revision. EPA is 

taking direct final action to approve 

Nebraska’s March 30, 2015, SIP 

submission because it complies with the 

CAA and the CSAPR regulations. Below 

is a summary of the provisions allowing 

a state to submit SIP revisions to EPA 

to modify the 2016 allowance 

allocations. For more detailed 

information on the CSAPR, refer to the 

August 8, 2011, preamble and other 

subsequent related rulemakings 

referenced throughout this rulemaking. 

II. 2016 CSAPR SIPs 

The CSAPR allows states to determine 

allowance allocations for the 2016 

control periods through submittal of a 

complete SIP revision that is narrower 

in scope than an abbreviated or full SIP 

submission that states may use to 

replace the FIPs and/or to determine 

allocations for control periods in 2017 

and beyond. Pursuant to the CSAPR, a 

state may adopt and include in a SIP 

revision for the 2016 control period a 

list of units and the amount of 

allowances allocated to each unit on the 

list, provided the list of units and the 

allocations meet specific requirements 

set forth in 40 CFR 52.38(a)(3) and (b)(3) 

for NOX and 52.39(d) and (g) for SO2. If 

these requirements are met, the 

Administrator will approve the 

allowance allocation provisions as 

replacing the comparable provisions in 

40 CFR part 97 for the State. SIP 

revisions under this expedited process 

may only allocate the amount of each 

state budget minus the new unit setaside and the Indian country new unit 

set-aside. For states subject to multiple 

trading programs, options are available 

to submit 2016 state-determined 

allocations for one or more of the 

applicable trading programs while 

leaving unchanged the EPA-determined 

allocations for 2016 in the remaining 

applicable trading programs.10

In developing this procedure, EPA set 

deadlines for submitting the SIP 

revisions for 2016 allocations and for 

recordation of the allocations that 

balanced the need to record allowances 

sufficiently ahead of the control periods 

with the desire to allow state flexibility 

for 2016 control periods. These 

deadlines allow sufficient time for EPA 

to review and approve these SIP 

revisions, taking into account that EPA 

approval must be final and effective 

before the 2016 allocations can be 

recorded and the allowances are 

available for trading. The CSAPR, as 

revised, set a deadline of October 17, 

2011 or March 6, 2015 (in the case of 

allocations of ozone season NOX

allowances for states covered by the 

Supplemental Rule) for states to notify 

EPA of their intent to submit these SIP 

revisions.11 See 40 CFR 52.38 and 52.39. 

Twelve states, including Nebraska, 

notified EPA by the applicable 

deadlines of their intentions to submit 

SIP revisions affecting 2016 

allocations.12 Pursuant to EPA’s 

December 3, 2014, Interim Final Rule,13

the deadlines to submit these SIPs were 

delayed by three years, making the 

deadline for these twelve states to 

submit a 2016 allocation SIP revision 

April 1, 2015, or October 1, 2015, (in the 

case of allocations of ozone season NOX

allowances for states covered by the 

Supplemental Rule). Each state may 

submit a SIP to allocate allowances for 

the 2016 control periods provided it 

meets the following requirements 

pursuant to 40 CFR 52.38 and 52.39: 

• Notify the EPA Administrator by 

October 17, 2011 or March 6, 2015 (in 

the case of allocations of ozone season 

NOX allowances for states covered by 

the Supplemental Rule) of intent to 

submit state allocations for the 2016 

control periods in a format specified by 

the Administrator. See 40 CFR 

52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 

52.39(d)(5)(i), and 52.39(g)(5)(i). 

• Submit to EPA the SIP revision 

modifying allowance allocations for the 

2016 control periods no later than April 

1, 2015, or October 1, 2015 (in the case 

of allocations of ozone season NOX

allowances for states covered by the 

Supplemental Rule). See 40 CFR 

52.38(a)(3)(v)(B), 52.38(b)(3)(v)(B), 

52.39(d)(5)(ii), and 52.39(g)(5)(ii). 

• Provide 2016 state-determined 

allocations only for units within the 

State that commenced commercial 

operation before January 1, 2010. See 40 

CFR 52.38(a)(3)(i), 52.38(b)(3)(i), 

52.39(d)(1), and 52.39(g)(1). 

• Ensure that the sum of the statedetermined allocations is equal to or 

less than the amount of the total state 

budget for 2016 minus the sum of the 

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55270 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations 

14The abbreviation ‘‘TR’’ in certain legal terms 

used in the CSAPR trading programs, including the 

legal terms for the trading program allowances, 

stands for ‘‘Transport Rule,’’ an earlier name for the 

CSAPR. 

15The total of the state-determined TR NOX

Annual allowance allocations to existing units for 

2016 under Nebraska’s SIP revision (28,238 

allowances) equals the total of the EPA-determined 

TR NOX Annual allowance allocations to existing 

units for 2016 under the CSAPR as amended. This 

total differs by one allowance from the amount of 

the state’s 2016 NOX annual budget minus the sum 

of the new unit set-aside and the Indian country 

new unit set-aside due to rounding, as noted in the 

December 3, 2014, Notice of Data Availability 

regarding the EPA-determined allocations. See 79 

FR 71674. 

16See Allocations of Cross-State Air Pollution 

Rule Allowances From New Unit Set-Asides for the 

2015 Compliance Year; July 28, 2015 (80 FR 44882). 

new unit set-aside and the Indian 

country new unit set-aside. See 40 CFR 

52.38(a)(3)(ii), 52.38(b)(3)(ii), 

52.39(d)(2), and 52.39(g)(2). 

• Submit the list of units and the 

2016 state-determined allowance 

allocations as a SIP revision 

electronically to EPA in the format 

specified by the Administrator. See 40 

CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii), 

52.39(d)(3), and 52.39(g)(3). 

• Confirm that the SIP revision does 

not provide for any changes to the listed 

units or allocations after approval of the 

SIP revision by EPA and does not 

provide for any change to any allocation 

determined and recorded by the 

Administrator under subpart AAAAA, 

BBBBB, CCCCC, or DDDDD of 40 CFR 

part 97. See 40 CFR 52.38(a)(3)(iv), 

52.38(b)(3)(iv), 52.39(d)(4), and 

52.39(g)(4). 

Additionally, these limited SIP 

revisions for the 2016 state-determined 

allocations are required to comply with 

SIP completeness elements set forth in 

40 CFR part 51, appendix V (i.e., 

conduct adequate public notice of the 

submission, provide evidence of legal 

authority to adopt SIP revisions, and 

ensure that the SIP is submitted to EPA 

by the State’s Governor or his/her 

designee). If a state submits to EPA a 

2016 CSAPR SIP revision meeting all 

the above-described requirements, 

including compliance with the 

applicable notification and submission 

deadlines, and EPA approves the SIP 

submission by October 1, 2015 (or April 

1, 2016, in the case of allocations of 

ozone season NOX allowances for states 

covered by the Supplemental Rule), 

EPA will record state-determined 

allocations for 2016 by October 1, 2015 

(or April 1, 2016) into the Allowance 

Management System (AMS). Nebraska’s 

March 30, 2015 SIP submission 

addresses the aforementioned 

requirements allowing a state to allocate 

2016 CSAPR allowances for the annual 

NOX and Group 2 SO2 trading programs. 

EPA’s analysis of Nebraska’s SIP 

submission is explained below in 

section III. 

III. What is EPA’s analysis of 

Nebraska’s SIP submission? 

On March 30, 2015, Nebraska 

submitted a SIP revision intended to 

replace the CSAPR FIP allocations of the 

CSAPR NOX annual and SO2 Group 2 

allowances for the 2016 control periods. 

For approval, this SIP revision must 

meet the specific requirements found in 

40 CFR 52.38(a)(3) and 52.39(g) 

described above. The following is a list 

of criteria under 40 CFR 52.38(a)(3) and 

(b)(3) and 52.39(d) and (g), described in 

section II in this document, and the 

results of EPA’s analysis of Nebraska’s 

SIP revision: 

A. Notification from a State to EPA must 

be received by October 17, 2011, or March 6, 

2015, in the case of ozone season NOX SIP 

revisions for states covered by the December 

27, 2011 Supplemental Rule (76 FR 80760), 

of its intent to submit a complete SIP revision 

for 2016 existing unit allocations (40 CFR 

52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 

52.39(d)(5)(i), and 52.39(g)(5)(i)). 

On October 17, 2011, Nebraska 

notified EPA via a letter of the State’s 

intent to submit complete SIP revisions 

for allocating TR NOX Annual and TR 

SO2 Group 2 allowances 14 to existing 

units (i.e., units that commenced 

commercial operation before January 1, 

2010) for the second implementation 

year of the CSAPR trading programs. 

B. A complete SIP revision must be 

submitted to EPA no later than April 1, 2015, 

or October 1, 2015, in the case of ozone 

season NOX SIP revisions for states covered 

by the December 27, 2011 Supplemental Rule 

(76 FR 80760) (40 CFR 52.38(a)(3)(v)(B), 

52.38(b)(3)(v)(B), 52.39(d)(5)(ii), and 

52.39(g)(5)(ii)). 

EPA has reviewed the March 30, 2015 

submittal from Nebraska and found it to 

be complete. This submittal satisfies the 

applicable elements of SIP completeness 

set forth in appendix V to 40 CFR part 

51. 

C. The SIP revision should include a list 

of TR NOX Annual, TR NOX Ozone Season, 

TR SO2 Group 1 or Group 2 units, whichever 

is applicable, that are in the State and 

commenced commercial operation before 

January 1, 2010 (40 CFR 52.38(a)(3)(i), 

52.38(b)(3)(i), 52.39(d)(1), and 52.39(g)(1)). 

As part of Nebraska’s SIP revision, the 

State submitted a list of units to be 

allocated TR NOX Annual and TR SO2

Group allowances for the 2016 control 

periods. The list identifies the same 

units as were identified in the notice of 

data availability (NODA) published by 

EPA on December 3, 2014 (79 FR 

71674). Hence, EPA has determined that 

each unit on the list submitted by 

Nebraska as part of the SIP revision is 

located in the State of Nebraska and had 

commenced commercial operation 

before January 1, 2010. 

D. The total amount of TR NOX Annual, TR 

NOX Ozone Season, or TR SO2 Group 1 or 

Group 2 allowance allocations, whichever is 

applicable, must not exceed the amount, 

under 40 CFR 97.410(a), 97.510(a), 97.610(a), 

or 97.710(a), whichever is applicable, for the 

State and the control periods in 2016, of the 

TR NOX Annual, TR NOX Ozone Season, TR 

SO2 Group 1 or Group 2 trading budget 

minus the sum of the new unit set-aside and 

Indian country new unit set-aside (40 CFR 

52.38(a)(3)(ii), 52.38(b)(3)(ii), 52.39(d)(2), and 

52.39(g)(2)). 

As amended, the CSAPR established 

the NOX annual budget, new unit setaside, and Indian country new unit setaside for Nebraska for the 2016 control 

periods as 30,039 tons, 1,772 tons, and 

30 tons, respectively, and established 

the SO2 Group 2 budget, new unit setaside, and Indian country new unit setaside as 68,162 tons, 2,658 tons, and 68 

tons, respectively. Nebraska’s SIP 

revision, for approval in this action, 

does not affect these budgets, which are 

total amounts of allowances available 

for allocation for the 2016 control 

periods under the EPA-administered 

cap-and-trade programs under the 

CSAPR FIPs. In short, the abbreviated 

SIP revision only affects allocations of 

allowances under the established state 

budgets. 

The Nebraska SIP revision allocating 

TR NOX Annual allowances for the 2016 

control period establishes allocations 

exceeding, by one (1) allowance due to 

rounding,15 the amount of the budget 

under § 97.410(a) minus the sum of the 

new unit set-aside and the Indian 

county new unit set aside (30,039 

tons¥(1,772 tons + 30 tons)) = 28,237 

tons). The Nebraska SIP revision 

allocates 28,238 TR NOX annual 

allowances to existing units in the State. 

However, EPA notes that 

proportionately, one allowance is a tiny 

fraction of the overall new unit set-aside 

budget for new TR NOX annual units in 

Nebraska (approximately 0.06%). In 

addition, for 2015, the number of TR 

NOX annual allowances allocated from 

Nebraska’s 2015 new unit set-aside to 

new units is well below the total 

number of allowances available in that 

set-aside,16 and it appears highly likely 

this will be the case again in 2016. EPA 

therefore does not believe the extra 

allowance allocated to Nebraska’s 

existing CSAPR units in 2016 should 

weigh negatively in EPA’s evaluation of 

the State’s 2016 CSAPR SIP submittal, 

and will enter 1,771 allowances from 

the Nebraska CSAPR 2016 budget 

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Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations 55271 

17The quantities of allowances to be allocated 

through the new unit set-aside (NUSA) process may 

differ slightly from the NUSA amounts set forth in 

40 CFR 97.410(a), 97.510(a), 97.610(a), and 

97.710(a) because of rounding in the spreadsheet of 

CSAPR FIP allowance allocations to existing units. 

(instead of 1,772 allowances) into the 

TR NOX annual new unit set-aside for 

the 2016 control period.17

The Nebraska SIP revision allocating 

TR SO2 Group 2 allowances for the 2016 

control period does not establish 

allocations exceeding the amount of the 

budget under § 97.710(a) minus the sum 

of the new unit set-aside and Indian 

County new unit set-aside (68,162 

tons¥(2,658 tons + 68 tons)) = 65,436 

tons). The Nebraska SIP revision 

allocates 65,432 TR SO2 Group 2 

allowances to existing units in the State. 

EPA will place the four unallocated 

allowances from the Nebraska CSAPR 

2016 budget into the TR SO2 Group 2 

new unit set-aside for the 2016 control 

period. 

E. The list should be submitted 

electronically in the format specified by the 

EPA (40 CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii), 

52.39(d)(3), and 52.39(g)(3)). 

On March 30, 2015, EPA received an 

email submittal from Nebraska in the 

EPA-approved format. 

F. The SIP revision should not provide for 

any changes to the listed units or allocations 

after approval of the SIP revision and should 

not provide for any change to any allocation 

determined and recorded by the 

Administrator under subpart AAAAA, 

BBBBB, CCCCC, or DDDDD of 40 CFR part 

97 (40 CFR 52.38(a)(3)(iv), 52.38(b)(3)(iv), 

52.39(d)(4), and 52.39(g)(4)). 

The Nebraska SIP revision does not 

provide for any changes to the listed 

units or allocations after approval of the 

SIP revision and does not provide for 

any change to any allocation determined 

and recorded by the Administrator 

under subpart AAAAA, BBBBB, CCCCC, 

or DDDDD of 40 CFR part 97. 

For the reasons discussed above, 

Nebraska’s SIP revision complies with 

the 2016 allowance allocation SIP 

requirements established in the CSAPR 

FIPs as codified at 40 CFR 52.38 and 

52.39. Through this action, EPA is 

approving Nebraska’s March 30, 2015, 

SIP revision, incorporating the 

allocations into the SIP, and amending 

the CSAPR FIPs’ regulatory text for 

Nebraska at 40 CFR 52.1428 and 

52.1429 to reflect this approval and 

inclusion of the state-determined 

allowance allocations for the 2016 

control periods. EPA is not making any 

other changes to the CSAPR FIPs for 

Nebraska in this action. EPA is taking 

final action to approve Nebraska’s 

March 30, 2015, SIP revision because it 

is in accordance with the CAA and its 

implementing regulations. 

IV. Final Action 

EPA is taking final action to approve 

Nebraska’s March 30, 2015, CSAPR SIP 

revisions that provide Nebraska’s statedetermined allowance allocations for 

existing EGUs in the State for the 2016 

control periods to replace the allowance 

allocations for the 2016 control periods 

established by EPA under the CSAPR. 

Consistent with the flexibility given to 

states in the CSAPR FIPs at 40 CFR 

52.38 and 52.39, Nebraska’s SIP revision 

allocates allowances to existing EGUs in 

the State under the CSAPR’s NOX

annual and SO2 Group 2 trading 

programs. Nebraska’s SIP revision meets 

the applicable requirements in 40 CFR 

52.38 and 52.39 for allocations for the 

2016 control periods of NOX annual 

allowances and SO2 Group 2 

allowances, respectively. EPA is 

approving Nebraska’s SIP revision 

because it is in accordance with the 

CAA and its implementing regulations. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective October 26, 2015 

without further notice unless the 

Agency receives adverse comments by 

October 15, 2015. If EPA receives such 

comments, then EPA will publish a 

document withdrawing the final rule 

and informing the public that the rule 

will not take effect. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed rule. EPA will 

not institute a second comment period. 

Parties interested in commenting should 

do so at this time. If no such comments 

are received, the public is advised that 

this rule will be effective on October 26, 

2015 and no further action will be taken 

on the proposed rule. 

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 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 

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55272 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 16, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: August 12, 2015. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart CC—Nebraska 

■ 2. In § 52.1420(e) the table is amended 

by adding a new entry (28) at the end 

of the table to read as follows: 

§ 52.1420 Identification of Plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable geographic 

area or nonattainment 

area 

State submittal 

date EPA approval date Explanation 

*******

(28) Cross State Air Pollution Rule—State-Determined Allowance 

Allocations for the 

2016 control periods.

Statewide ..................... 3/30/15 9/15/15 [Insert Federal 

Register citation].

■ 3. Section 52.1428 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1428 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

* * * * * 

(c) Pursuant to § 52.38(a)(3), 

Nebraska’s state-determined TR NOX

Annual allowance allocations 

established in the March 30, 2015, SIP 

revision replace the unit-level TR NOX

Annual allowance allocation provisions 

of the TR NOX Annual Trading Program 

at 40 CFR 97.411(a) for the State for the 

2016 control period with a list of TR 

NOX Annual units that commenced 

operation prior to January 1, 2010, in 

the State and the state-determined 

amount of TR NOX Annual allowances 

allocated to each unit on such list for 

the 2016 control period, as approved by 

EPA on September 15, 2015. 

■ 4. Section 52.1429 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1429 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of sulfur 

dioxide? 

* * * * * 

(c) Pursuant to § 52.39(g), Nebraska’s 

state-determined TR SO2 Group 2 

allowance allocations established in the 

March 30, 2015, SIP revision replace the 

unit-level TR SO2 Group 2 allowance 

allocation provisions of the TR SO2

Group 2 Trading Program at 40 CFR 

97.711(a) for the State for the 2016 

control period with a list of TR SO2

Group 2 units that commenced 

operation prior to January 1, 2010, in 

the State and the state-determined 

amount of TR SO2 Group 2 allowances 

allocated to each unit on such list for 

the 2016 control period, as approved by 

EPA on September 15, 2015. 

[FR Doc. 2015–20631 Filed 9–14–15; 8:45 am] 

BILLING CODE 6560–50–P 

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