43848 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 

[FR Doc. 2017–19935 Filed 9–19–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0477; FRL–9967–95– 

Region 7] 

Approval of Nebraska Air Quality 

Implementation Plans; Infrastructure 

SIP Requirements for the 2010 

Nitrogen Dioxide and Sulfur Dioxide 

and the 2012 Fine Particulate Matter 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct 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 2010 

Nitrogen Dioxide (NO2) and Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standards (NAAQS), and the 

2012 Fine Particulate Matter (PM2.5) 

NAAQS, 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 direct final rule will be 

effective November 20, 2017, without 

further notice, unless EPA receives 

adverse comment by October 20, 2017. 

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–2017–0477 to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Gregory Crable, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7391, or by email at 

crable.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

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

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

EPA is taking direct final action to 

approve the infrastructure submissions 

as meeting the submittal requirement 

section 110(a)(1). EPA is approving 

elements of the 2010 NO2 and SO2

infrastructure SIP submissions from the 

State of Nebraska received on February 

7, 2013, and August 22, 2013, 

respectively. EPA is also taking action to 

approve the 2012 PM2.5 infrastructure 

submittal received on February 22, 

2016. Specifically, EPA is approving, in 

regard to the 2010 NO2 NAAQS, the 

following elements of section 110(a)(2): 

(A) through (C), (D)(i)(I)—Prongs 1 and 

2, (D)(i)(II)—prong 3, (D)(ii), (E) through 

(H), and (J) through (M). 

In regard to the 2010 SO2 and 2012 

PM2.5 NAAQS, EPA is approving the 

following infrastructure elements of 

110(a)(2): (A) through (C), (D)(i)(II)— 

Prong 3, (D)(ii), (E) through (H), and (J) 

through (M). As discussed in the TSD, 

EPA is not acting, at this time, on 

section 110(a)(2)(D)(i)(I)—prongs 1 and 

2, as it relates to the 2010 SO2 and 2012 

PM2.5 NAAQS. 

In regard to the 2010 NO2 and SO2

and the 2012 PM2.5 infrastructure 

submittals and as explained in the TSD, 

EPA is not acting, at this time, on 

section (D)(i)(II)—prong 4. Finally, EPA 

is not acting on section 110(a)(2)(I) as it 

does not expect infrastructure SIP 

submissions to address element (I). 

As noted, a Technical Support 

Document (TSD) is included as part of 

the docket to discuss the details of this 

action. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state submissions have met the 

public notification requirements for SIP 

submissions in accordance with 40 CFR 

51.102. A public comment period was 

held for the NO2 infrastructure SIP from 

December 27, 2012 to January 28, 2013. 

The only comments were from the 

EPA, and the infrastructure SIP 

submission was revised to address the 

comments. A public hearing was held 

on January 28, 2013. 

The state held a public comment 

period for the SO2 infrastructure SIP 

from April 25, 2013, to May 28, 2013. 

NDEQ received comments from the 

Sierra Club on May 28, 2013. The state 

addressed the Sierra Clubs comments 

with no revisions to its proposed SIP. A 

public hearing was held on May 27, 

2013. 

A public comment period was held 

for the PM2.5 infrastructure SIP from 

November 23, 2015, to December 29, 

2015. A public hearing was held on 

December 29, 2015. No comments were 

received. 

All three submissions satisfied the 

completeness criteria of 40 CFR part 51, 

appendix V. As explained in more detail 

in the TSD, which is part of this docket, 

the revisions meet the substantive SIP 

requirements of the CAA, including 

section 110 and implementing 

regulations. 

III. What action is EPA taking? 

EPA is approving the infrastructure 

SIP submissions from Nebraska, which 

address the requirements of CAA 

sections 110(a)(1) and (2) as applicable 

to the 2010 NO2 and SO2 and 2012 PM2.5

NAAQS. As stated in the above 

preamble, EPA is approving elements of 

the state’s submission as meeting 

requirements of section 110(a)(1) for all 

three submittals. 

With regard to the 2010 NO2 NAAQS, 

EPA is approving the following 

infrastructure elements of 110(a)(2): (A) 

through (C), (D)(i)(I)—Prongs 1 and 2, 

(D)(i)(II)—prong 3, (D)(ii), (E) through 

(H), and (J) through (M). As explained 

in the TSD, EPA intends to act on 

section (D)(i)(II)—prong 4, in a 

subsequent rulemaking. 

EPA is approving the following 

infrastructure elements of 110(a)(2) as it 

relates to the 2010 SO2 and the 2012 

PM2.5 NAAQS: (A) through (C), 


sradovich on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 43849 

(D)(i)(II)—Prong 3, (D) (ii), (E) through 

(H), and (J) through (M). As discussed in 

the TSD, EPA intends to act on section 

(D)(i)(II)—prong 4, in a subsequent 

rulemaking and is not acting, at this 

time, on section 110(a)(2)(D)(i)(I)— 

prongs 1 and 2, for both the 2010 SO2

and 2012 PM2.5 NAAQS. 

Finally, EPA is taking no action with 

respect to section 110(a)(2)(I) for the 

2010 NO2 and SO2 NAAQS, and the 

2012 PM2.5 NAAQS. Section 110(a)(2)(I) 

requires that in the case of a plan or 

plan revision for areas designated as 

nonattainment areas, states must meet 

applicable requirements of part D of the 

CAA, relating to SIP requirements for 

designated nonattainment areas. EPA 

does not expect infrastructure SIP 

submissions to address element (I). The 

specific SIP submissions for designated 

nonattainment areas, as required under 

CAA title I, part D, are subject to 

different submission schedules than 

those for section 110 infrastructure 

elements. EPA takes action on part D 

attainment plan SIP submissions 

through separate rulemaking governed 

by the requirements for nonattainment 

areas, as described in part D. EPA has 

not designated any area in the U.S. as 

nonattainment for the 2010 NO2

NAAQS; EPA has designated all areas of 

Nebraska as ‘‘attainment/unclassified’’ 

with regards to the 2012 PM2.5 NAAQS. 

Additionally, EPA has designated 

Lincoln and Otoe Counties as 

‘‘attainment/unclassified’’ for the 2010 

1-hr SO2 NAAQS, but has not yet made 

a final determination for the rest of the 

Nebraska as it relates to the 2010 SO2

NAAQS. Nebraska has no current CAA 

requirement to submit a plan to address 

section 110(a)(2)(I). 

Based upon review of the state’s 

infrastructure SIP submissions for the 

2010 NO2 and SO2 NAAQS as well as 

the 2012 PM2.5 NAAQS, and relevant 

statutory and regulatory authorities and 

provisions referenced in the 

submissions or referenced in Nebraska’s 

SIP, EPA believes that Nebraska has the 

infrastructure to address all applicable 

required elements of sections 110(a)(1) 

and (2) (except otherwise noted) to 

ensure that the 2010 NO2 and SO2

NAAQS and the 2012 PM2.5 NAAQS are 

implemented in the state. 

We are publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment. However, in the 

‘‘Proposed Rules’’ section of this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to this action partionally 

approving elements of section 110(a)(2) 

for the 2010 NO2 and SO2 NAAQS and 

the 2012 PM2.5 NAAQS, if adverse 

comments are received on this direct 

final rule. We will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. If EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that this direct 

final rule will not take effect. We will 

address all public comments in any 

subsequent final rule based on the 

proposed rule. 

IV. 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 CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

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 20, 2017. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 


sradovich on DSKBBY8HB2PROD with RULES
43850 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 

1The SCAQMD adopted its 2016 AQMP RACT 

SIP on June 4, 2014. 

2CARB’s May 22, 2017 submittal contained 

public draft versions of the 2017 RACT Supplement 

and negative declarations along with a request that 

the EPA provide parallel processing of the 

documents concurrently with the state’s public 

process. See footnote 1 in our June 15, 2017 

proposed rule. In our June 15, 2017 proposed rule, 

we erroneously described the 2017 RACT 

Supplement as including the two negative 

declarations. The 2017 RACT Supplement includes 

additional emissions analyses and two appendices 

that contain certain permit conditions for two 

specific stationary sources in Coachella Valley but 

does not include the negative declarations. The 

negative declarations were included in CARB’s May 

22, 2017 submittal but as a separate document. 

Dated: September 8, 2017. 

Cathy Stepp, 

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(e) by adding 

entries ‘‘(32)’’, ‘‘(33)’’ and ‘‘(34)’’ in 

numerical order to read 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 

*******

(32) Section 110(a)(2) Infrastructure Requirements for the 2010 NO2

NAAQS.

Statewide ........... 2/7/13 9/20/17, [Insert Federal 

Register citation].

[EPA–R07–OAR–2017–0477; FRL–9967–95-Region 7]. This action addresses the following CAA 

elements 110(a)(2) (A) through (C), (D) (i) (I)— 

Prongs 1 and 2, (D)(i)(II)—prong 3, (D)(ii), (E) 

through (H), and (J) through (M). 

(33) Section 110(a)(2) Infrastructure Requirements for the 2010 SO2

NAAQS.

Statewide ........... 8/22/13 9/20/17, [Insert Federal 

Register citation].

[EPA–R07–OAR–2017–0477; FRL–9967–95-Region 7]. This action addresses the following CAA 

elements 110(a)(2) (A) through (C), (D) (i) (II)— 

Prong 3, (D) (ii), (E) through (H), and (J) through 

(M). 

(34) Section 110(a)(2) Infrastructure Requirements for the 2010 

PM2.5 NAAQS.

Statewide ........... 2/22/16 9/20/17, [Insert Federal 

Register citation].

[EPA–R07–OAR–2017–0477; FRL–9967–95-Region 7]. This action addresses the following CAA 

elements 110(a)(2) (A) through (C), (D) (i) (II)— 

Prong 3, (D) (ii), (E) through (H), and (J) through 

(M). 

[FR Doc. 2017–19931 Filed 9–19–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0215; FRL–9967–45– 

Region 9] 

Approval of California Air Plan 

Revisions, South Coast Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the South Coast Air 

Quality Management District (SCAQMD 

or District) portion of the California 

State Implementation Plan (SIP). These 

revisions concern the District’s 

demonstration regarding Reasonably 

Available Control Technology (RACT) 

requirements for the 2008 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) in the South Coast Air Basin 

and Coachella Valley ozone 

nonattainment areas. 

DATES: This rule will be effective on 

October 20, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2016–0215. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed on the Web site, 

some information is not publicly 

available, e.g., Confidential Business 

Information (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 through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Stanley Tong, EPA Region IX, (415) 

947–4122, tong.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On June 15, 2017 (82 FR 27451), 

under section 110(k)(3) of the Clean Air 

Act (CAA or ‘‘Act’’), the EPA proposed 

to approve the ‘‘2016 AQMP Reasonably 

Available Control Technology (RACT) 

Demonstration’’ (‘‘2016 AQMP RACT 

SIP’’), submitted to the EPA by the 

California Air Resources Board (CARB) 

on July 18, 2014 1 for approval as a 

revision to the California SIP, as 

supplemented by the public draft 

versions of the ‘‘Supplemental RACM/ 

RACT Analysis for the NOX RECLAIM 

Program’’ (‘‘2017 RACT Supplement’’) 

and two negative declarations submitted 

by CARB on May 22, 2017.2 We had 

previously proposed a partial approval 

and partial disapproval of the 2016 Air 


sradovich on DSKBBY8HB2PROD with RULES