55266 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations 

each management zone, or the terms, 

conditions, or requirements of an offroad vehicle permit is prohibited. A 

violation may also result in the 

suspension or revocation of the 

applicable permit by the 

superintendent. 

(9) Superintendent’s authority. The 

superintendent may open or close 

designated areas, routes, or access 

points to motor vehicle use, or portions 

thereof, or impose conditions or 

restrictions for off-road motor vehicle 

use after taking into consideration 

public health and safety, natural and 

cultural resource protection, and other 

management activities and objectives. 

The superintendent will provide public 

notice of all such actions through one or 

more of the methods listed in § 1.7 of 

this chapter. Violating any such closure, 

condition, or restriction is prohibited. 

* * * * * 

Dated: September 9, 2015. 

Michael Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2015–23168 Filed 9–14–15; 8:45 am] 

BILLING CODE 4310–EJ–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0270; FRL–9932–78– 

Region 7] 

Partial Approval and Disapproval of Air 

Quality State Implementation Plans 

(SIP); State of Nebraska; Infrastructure 

SIP Requirements for the 2008 Ozone 

National Ambient Air Quality Standard 

(NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

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 2008 National 

Ambient Air Quality Standards 

(NAAQS) for Ozone (O3), which 

requires that each state adopt and 

submit a SIP to support implementation, 

maintenance, and enforcement of each 

new or revised NAAQS promulgated by 

EPA. These SIPs are commonly referred 

to as ‘‘infrastructure’’ SIPs. The 

infrastructure requirements are designed 

to ensure that the structural components 

of each state’s air quality management 

program are adequate to meet the state’s 

responsibilities under the CAA. 

DATES: This final rule is effective 

September 15, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2015–0270. 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 in hard copy at 

U.S. Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

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

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 June 19, 2015, (80 FR 35284), 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 2008 O3 NAAQS. 

II. Summary of SIP Revision 

On February 11, 2013, EPA received 

a SIP submission from the state of 

Nebraska that addressed the 

infrastructure elements specified in 

section 110(a)(2) for the 2008 O3

NAAQS. The submission 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. 

During the public comment period for 

the NPR one comment was received. 

The commenter stated that EPA must 

disapprove 110(a)(2)(C) and (D)(i)(II) 

(prong 3), unless Nebraska has the PM2.5

increments approved into its PSD SIP 

and its PSD program treats NOX as a 

precursor for ozone. The PM2.5

increments and the inclusion of NOX as 

a precursor to ozone was approved by 

EPA into the Nebraska SIP on August 4, 

2014. See 79 FR 45108, Approval and 

Promulgation of Implementation Plans; 

State of Nebraska; Fine Particulate 

Matter New Source Review 

Requirements. 

III. Final Action 

EPA is approving Nebraska’s February 

11, 2013 submission addressing the 

requirements of the CAA sections 

110(a)(1) and (2) as applicable to the 

2008 O3 NAAQS. Specifically, EPA 

approves the following infrastructure 

elements, or portions thereof: 

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

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

(M) which are necessary to implement, 

maintain, and enforce the 2008 O3

NAAQS, as a revision to the Nebraska 

SIP. As discussed in each applicable 

section of the NPR, EPA is not taking 

action 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 disapproving section 

110(a)(2)(D)(i)(II) (prong 4) as it relates 

to the protection of visibility. 

IV. Statutory and Executive Order 

Review 

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); 

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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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