1122 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations 

the bridge to remain closed-tonavigation daily except that the bridge 

will open if at least four hours notice is 

given except Monday through Friday 

from 7 a.m.-8:30 a.m. and from 5 p.m.- 

6:30 p.m., daily. During the closure 

period, the contractor will make every 

effort to minimize the delays to 

mariners by opening the bridge with 

less than four hour notice whenever 

possible. However, the bridge is not 

required to open with less than a fourhour notice. Marine traffic, when 

allowed to pass, should pass at the 

slowest safe speed. 

Navigation on the waterway consists 

of small tugs with and without tows, 

commercial vessels, and recreational 

craft, including sailboats. 

Vessels able to pass through the 

bridge in the closed-to-navigation 

position may do so at anytime. The 

bridge will be able to open for 

emergencies, and there is no immediate 

alternate route. The Coast Guard will 

also inform the users of the waterways 

through our Local and Broadcast 

Notices to Mariners of the change in 

operating schedule for the bridge so that 

vessels can arrange their transits to 

minimize any impact caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: January 5, 2016. 

David M. Frank, 

Bridge Administrator, Eighth Coast Guard 

District. 

[FR Doc. 2016–268 Filed 1–8–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0710; FRL–9941–04– 

Region 7] 

Approval of Nebraska’s Air Quality 

State Implementation Plan (SIP); 

Infrastructure SIP Requirements for 

the 2008 Ozone National Ambient Air 

Quality Standard in Regards to Section 

110(a)(2)(D)(i)(I)—Prongs 1 and 2 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve elements of a State 

Implementation Plan (SIP) submission 

from the State of Nebraska addressing 

the applicable requirements of Clean Air 

Act (CAA) section 110 for the 2008 

National Ambient Air Quality Standards 

(NAAQS) for Ozone (O3). CAA section 

110 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. 

Specifically, EPA is approving 

Nebraska’s SIP as it relates to section 

110 (a)(2)(D)(i)(I) prongs 1 and 2, for the 

2008 O3 NAAQS. 

DATES: This final rule is effective on 

February 10, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2015–0710. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically at 

www.regulations.gov and at EPA Region 

7, 11201 Renner Boulevard, Lenexa, 

Kansas 66219. Please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

For additional information and general 

guidance, please visit http://

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

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; 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 November 16, 2015 (80 FR 70721), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Nebraska. The NPR proposed approval 

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. Specifically, the NPR proposed 

approval of section 110 (a)(2)(D)(i)(I) 

prongs 1 and 2, for 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. On September 15, 2015 (80 FR 

55266) EPA approved 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, and disapproved section 

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

to the protection of visibility. At that 

time, EPA did not take action on section 

110(a)(2)(D)(i)(I)- prongs 1 and 2. 

Specific requirements of section 

110(a)(2)(D)(i)(I)- prongs 1 and 2 of the 

CAA and the rationale for EPA’s 

proposed action to approve these 

specific provisions of the SIP 

submission, not previously acted on, is 

explained in the NPR and will not be 

restated here. The public comment 

period for the notice of proposed 

rulemaking (NPR) closed on December 

16, 2015. EPA received no comments on 

the NPR. 

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 section 110(a)(2)(D)(i)(I)— 

prongs 1 and 2, which are necessary to 

implement, maintain, and enforce the 

2008 O3 NAAQS, as a revision to the 

Nebraska SIP. As EPA noted in the NPR, 

this final action fulfills EPA’s 

commitment to take final action as to 

Nebraska’s SIP submission addressing 

110(a)(2)(D)(i)(I), as set forth by the 

court in Sierra Club v. McCarthy, 4:14– 

cv–05091–YGR (N.D. Cal. May 15, 

2015). 

IV. Statutory and Executive Order 

Review 

Under the CAA the Administrator is 

required to approve a SIP submission 


Lhorne on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations 1123 

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 

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 March 11, 2016. 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: December 22, 2015. 

Mark Hague, 

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 entry (31) 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 

*******

(31) Section 

110(a)(2) Infrastructure Requirements for the 

2008 O3 NAAQS.

Statewide ................... 2/11/13 1/11/2016 [Insert 

Federal Register 

citation].

[EPA–R07–OAR–2015–0710; 9941–04–Region 7] This action addresses the following CAA elements: 

110(a)(2)(D)(i) (I)—Prongs 1 and 2. 

[FR Doc. 2015–33301 Filed 1–8–16; 8:45 am] 

BILLING CODE 6560–50–P 


Lhorne on DSK5TPTVN1PROD with RULES
1124 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations 

1Some portions of the 2011 version of the 

regulations now being approved were previously 

approved by EPA. These portions remain the same 

in substance but may have undergone 

administrative updates and renumbering in the 

2011 version. 2EPA’s regulations governing the implementation 

of NSR permitting programs are contained in 40 

CFR 51.160–51.166; 52.21, 52.24; and part 51, 

appendix S. The CAA NSR program is composed 

of three separate programs: PSD, NNSR, and Minor 

NSR. PSD is established in part C of title I of the 

CAA and applies in areas that meet the NAAQS— 

‘‘attainment areas’’—as well as areas where there is 

insufficient information to determine if the area 

meets the NAAQS—‘‘unclassifiable areas.’’ The 

NNSR program is established in part D of title I of 

the CAA and applies in areas that are not in 

attainment of the NAAQS—‘‘nonattainment areas.’’ 

The Minor NSR program addresses construction or 

modification activities that do not qualify as 

‘‘major’’ and applies regardless of the designation 

of the area in which a source is located. Together, 

these programs are referred to as the NSR programs. 

3The D.C. Circuit vacated the portions of the 

PM2.5 PSD Increment-SILs-SMC Rule addressing the 

SMC and SILs (and remanded the SILs portion to 

EPA for further consideration) for PSD, but left the 

PM2.5 SILs in place for the NSR program in the table 

in § 51.165(b)(2). See Sierra Club v. EPA, 705 F.3d 

458 (D.C. Cir. 2013). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0079; FRL–9940–89– 

Region 4] 

Air Plan Approval; Alabama: 

Nonattainment New Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of a revision to the 

Alabama State Implementation Plan 

(SIP) submitted by the Alabama 

Department of Environmental 

Management (ADEM) to EPA on May 2, 

2011. The SIP revision modifies 

Alabama’s nonattainment new source 

review (NNSR) regulations in their 

entirety to be consistent with the federal 

new source review (NSR) regulations for 

the implementation of the criteria 

pollutant national ambient air quality 

standards (NAAQS). EPA is approving 

portions of the NNSR rule changes in 

Alabama’s May 2, 2011, SIP revision 

because the Agency has determined that 

the changes are consistent with the 

Clean Air Act (CAA or Act) and federal 

regulations regarding NNSR permitting. 

DATES: This rule will be effective 

February 10, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0079. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Alabama SIP, 

contact Mr. D. Brad Akers, Air 

Regulatory Management Section, Air 

Planning and Implementation Branch, 

Pesticides and Toxics Management 

Division, Region 4, U.S. Environmental 

Protection Agency, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. Mr. 

Akers can be reached by telephone at 

(404) 562–9089 or via electronic mail at 

akers.brad@epa.gov. For information 

regarding NSR, contact Ms. Yolanda 

Adams, Air Permits Section, at the same 

address above. Telephone number: (404) 

562–9214; email address: 

adams.yolanda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA is taking final action to approve 

the portion of Alabama’s May 2, 2011, 

SIP revision that makes changes to 

Alabama’s NNSR program, set forth at 

ADEM Administrative Code, Division 3, 

Chapter 14, Subchapter .05 (ADEM Rule 

335–3–14–.05), which applies to the 

construction and modification of any 

major stationary source in or near a 

nonattainment area (NAA) as required 

by part D of title I of the CAA. 

Alabama’s NNSR regulations at ADEM 

Rule 335–3–14–.05 were originally 

approved into the SIP on November 26, 

1979 (see 44 FR 67375), with periodic 

revisions approved through December 8, 

2000 (see 65 FR 76938). Alabama’s May 

2, 2011, SIP revision modifies the 

State’s NNSR regulations in their 

entirety 1 with a new version that 

reflects changes to the federal NNSR 

regulations at 40 Code of Federal 

Regulations (CFR) 51.165,2 including 

provisions promulgated in the following 

federal rules: (1) ‘‘Requirements for 

Preparation, Adoption and Submittal of 

Implementation Plans; Approval and 

Promulgation of Implementation Plans; 

Standards of Performance for New 

Stationary Sources,’’ Final Rule, 57 FR 

32314 (July 21, 1992) (hereafter referred 

to as the Wisconsin Electric Power 

Company (WEPCO) Rule); (2) 

‘‘Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Baseline Emissions 

Determination, Actual-to-Future-Actual 

Methodology, Plantwide Applicability 

Limitations, Clean Units, Pollution 

Control Projects,’’ Final Rule, 67 FR 

80186 (December 31, 2002) (hereafter 

referred to as the NSR Reform Rule); (3) 

‘‘Prevention of Significant Deterioration 

(PSD) and Non-Attainment New Source 

Review (NSR): Reconsideration,’’ Final 

Rule, 68 FR 63021 (November 7, 2003) 

(hereafter referred to as the 

Reconsideration Rule); (4) ‘‘Prevention 

of Significant Deterioration (PSD) and 

Non-Attainment New Source Review 

(NSR): Removal of Vacated Elements,’’ 

Final Rule, 72 FR 32526 (June 13, 2007) 

(hereafter referred to as the Vacated 

Elements Rule); (4) ‘‘Prevention of 

Significant Deterioration and 

Nonattainment New Source Review: 

Reasonable Possibility in 

Recordkeeping,’’ Final Rule, 72 FR 

72607 (December 21, 2007), (hereafter 

referred to as the Reasonable Possibility 

Rule); (5) ‘‘Final Rule To Implement the 

8-Hour Ozone National Ambient Air 

Quality Standard—Phase 2; Final Rule 

To Implement Certain Aspects of the 

1990 Amendments Relating to New 

Source Review and Prevention of 

Significant Deterioration as They Apply 

in Carbon Monoxide, Particulate Matter 

and Ozone NAAQS; Final Rule for 

Reformulated Gasoline,’’ Final Rule, 70 

FR 71612 (November 29, 2005) 

(hereafter referred to as the Phase 2 

Rule); (6) ‘‘Implementation of the New 

Source Review (NSR) Program for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5),’’ Final Rule, 73 FR 

28321 (May 16, 2008) (hereafter referred 

to as the NSR PM2.5 Rule); (7) 

‘‘Prevention of Significant Deterioration 

(PSD) for Particulate Matter Less Than 

2.5 Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC),’’ Final Rule, 75 FR 64864 

(October 20, 2010) (hereafter referred to 

as the PM2.5 PSD Increments-SILs-SMC 

Rule 3); and (8) ‘‘Prevention of 

Significant Deterioration (PSD) and 

Nonattainment New Source Review 

(NSR): Reconsideration of Inclusion of 

Fugitive Emissions; Interim Rule; Stay 

and Revisions’’, Interim Rule, 76 FR 

17548 (March 30, 2011) (hereafter 

referred to as the Fugitive Emissions 

Interim Rule). 


Lhorne on DSK5TPTVN1PROD with RULES