[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Proposed Rules]
[Pages 30404-30416]
[FR Doc No: 2015-12811]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0269; FRL-9928-33-Region 7]

Partial Approval and Disapproval of Nebraska Air Quality
Implementation Plans; Revision to the State Implementation Plan
Infrastructure Requirements for the 1997 and 2006 Fine Particulate
Matter National Ambient Air Quality Standards; Revocation of the PM10
Annual Standard and Adoption of the 24 Hour PM2.5 National Ambient Air
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing action
on three Nebraska State Implementation Plan (SIP) submissions. First,
EPA is proposing to partially approve and partially disapprove portions
of two SIP submissions from the state of Nebraska addressing the
applicable requirements of the Clean Air Act (CAA) for the 1997 and
2006 National Ambient Air Quality Standards (NAAQS) for fine
particulate matter (PM2.5). The CAA requires that each state
adopt and submit a SIP for the implementation, maintenance, and
enforcement of each NAAQS promulgated or revised by the 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. EPA is proposing to disapprove
Nebraska's SIP as it relates to section 110 with respect to visibility,
for the 1997 and 2006 PM2.5 NAAQS. EPA is also proposing to
approve an additional SIP submission from Nebraska, addressing the
revocation of the PM10 annual standard and adoption of the
24 hour PM2.5 standard.

DATES: Comments must be received on or before June 29, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0269, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail: Mr. Gregory Crable, Air Planning and Development Branch,
U.S. Environmental Protection Agency, Region 7, Air and Waste
Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219.
    4. Hand Delivery or Courier: Deliver your comments to Mr. Gregory
Crable, Air Planning and Development Branch, U.S. Environmental
Protection Agency, Region 7, Air and Waste Management Division, 11201
Renner Boulevard, Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0269. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or email information that you consider to be CBI or
otherwise protected. The http://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 http://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 should be
free of any defects or viruses.
    Docket: 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. 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: 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:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we refer to EPA. This section provides
additional information by addressing the following questions:

I. What is being addressed in this document?
II. What are the applicable elements under Sections 110(a)(1) and
(2) related to the 1997 and 2006 PM2.5 NAAQS?
III. What is EPA's approach to the review of infrastructure SIP
submissions?
IV. What is EPA's evaluation of how the state addressed the relevant
elements of Sections 110(a)(1) and (2)?
V. What are the additional provisions of the November 14, 2011 SIP
submission that EPA is proposing to take action on?
VI. What action is EPA proposing?
VII. Statutory and Executive Order Review
VIII. Statutory Authority

I. What is being addressed in this document?

    In this proposed rulemaking, EPA is proposing to take action on
three Nebraska SIP submissions. EPA received the first submission on
April 3, 2008, addressing the infrastructure SIP requirements relating
to the 1997 PM2.5 NAAQs. EPA received the second SIP
submission on August 29, 2011, addressing the infrastructure SIP
requirements relating to the 2006 PM2.5 NAAQs. The
requirement for states to make a SIP submission of this type arises out
of CAA section 110(a)(1). If EPA takes final action as proposed, we
will have acted on both the April 3, 2008 and August 8, 2011 SIP
submission in their entirety.
    The third submission was received by EPA on November 14, 2011, as a
part of a larger submission dealing with various title 129 revisions,
which we will address at a later date. This submission revises Chapter
4, Title 129 of the Nebraska Administrative Code. The change will
repeal the annual NAAQS for PM10 which was revoked by the
EPA on December 2006 and adopt the new 24-hour PM2.5 NAAQS
which was issued by EPA in December 2006.

II. What are the applicable elements under sections 110(a)(1) and (2)
related to the 1997 and 2006 PM[bdi2].[bdi5] NAAQS?

    On October 2, 2007, EPA issued guidance to address infrastructure
SIP elements required under sections 110(a)(1) and (2) for the 1997 8-
hour ozone and PM2.5 NAAQS.\1\ On September 25, 2009, EPA
issued guidance to address infrastructure SIP elements required under
sections 110(a)(1) and (2) for the 2006 24-hour PM2.5
NAAQS.\2\ EPA will address these elements below under the following
headings: (A) Emission limits and other control measures; (B) Ambient
air quality monitoring/data system; (C) Program for enforcement of
control measures (PSD, New Source Review for nonattainment areas, and
construction and modification of all stationary sources); (D)
Interstate and international transport; (E) Adequate authority,
resources, implementation, and oversight; (F) Stationary source
monitoring system; (G) Emergency authority; (H) Future SIP revisions;
(I) Nonattainment areas; (J) Consultation with government officials,
public notification, prevention of significant deterioration (PSD), and
visibility protection; (K) Air quality and modeling/data; (L)
Permitting fees; and (M) Consultation/participation by affected local
entities.
---------------------------------------------------------------------------

    \1\ William T. Harnett, Director, Air Quality Policy Division,
Office of Air Quality Planning and Standards, ``Guidance on SIP
Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-
hour Ozone and PM2.5 National Ambient Air Quality
Standards,'' Memorandum to EPA Air Division Directors, Regions I-X,
October 2, 2007 (2007 Memo).
    \2\ William T. Harnett, Director, Air Quality Policy Division,
Office of Air Quality Planning and Standards, ``Guidance on SIP
Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-
Hour Fine Particle (PM2.5) National Ambient Air Quality
Standards (NAAQS),'' Memorandum to EPA Regional Air Division
Directors, Regions I-X, September 25, 2009 (2009 Memo).
---------------------------------------------------------------------------

III. What is EPA's approach to the review of infrastructure SIP
submissions?

    On July 18, 1997, EPA promulgated new PM2.5 primary and
secondary NAAQS (62 FR 38652). On October 17, 2006, EPA made further
revisions to the primary and secondary NAAQS for PM2.5 (71
FR 61144). EPA is proposing action on Nebraska's April 3, 2008, 1997
PM2.5 infrastructure SIP submission and the 2006
PM2.5 infrastructure SIP, submitted August 29, 2011. The
April 3, 2008, SIP submission became complete as a matter of law on
October 3, 2008, while the August 29, 2011 submittal was reviewed and
found to be administratively and technically complete on August 30,
2011.
    The requirement for states to make a SIP submission of this type
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1),
states must make SIP submissions ``within 3 years (or such shorter
period as the Administrator may prescribe) after the promulgation of a
national primary ambient air quality standard (or any revision
thereof),'' and these SIP submissions are to provide for the
``implementation, maintenance, and enforcement'' of such NAAQS. The
statute directly imposes on states the duty to make these SIP
submissions, and the requirement to make the submissions is not
conditioned upon EPA's taking any action other than promulgating a new
or revised NAAQS. Section 110(a)(2) includes a list of specific
elements that ``[e]ach such plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the
purpose of satisfying the requirements of CAA sections 110(a)(1) and
110(a)(2) as ``infrastructure SIP'' submissions. Although the term
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to
distinguish this particular type of SIP submission from submissions
that are intended to satisfy other SIP requirements under the CAA, such
as ``nonattainment SIP'' or ``attainment plan SIP'' submissions to
address the nonattainment planning requirements of part D of title I of
the CAA, ``regional haze SIP'' submissions required by EPA rule to
address the visibility protection requirements of CAA section 169A, and
nonattainment new source review permit program submissions to address
the permit requirements of CAA, title I, part D.
    Section 110(a)(1) addresses the timing and general requirements for
infrastructure SIP submissions, and section 110(a)(2) provides more
details concerning the required contents of these submissions. The list
of required elements provided in section 110(a)(2) contains a wide
variety of disparate provisions, some of which pertain to required
legal authority, some of which pertain to required substantive program
provisions, and some of which pertain to requirements for both
authority and substantive program provisions.\3\ EPA therefore believes
that while the timing requirement in section 110(a)(1) is unambiguous,
some of the other statutory provisions are ambiguous. In particular,
EPA believes that the list of required elements for infrastructure SIP
submissions provided in section 110(a)(2) contains ambiguities
concerning what is required for inclusion in an infrastructure SIP
submission. The following examples of ambiguities illustrate the need
for EPA to interpret some section 110(a)(1) and section 110(a)(2)
requirements with respect to infrastructure SIP submissions for a given
new or revised NAAQS. One example of ambiguity is that section
110(a)(2) requires that ``each'' SIP submission must meet the list of
requirements therein, while EPA has long noted that this literal
reading of the statute is internally inconsistent and would create a
conflict with the nonattainment provisions in part D of title I of the
Act, which specifically address nonattainment SIP requirements.\4\
Section 110(a)(2)(I) pertains to nonattainment SIP requirements and
part D addresses when attainment plan SIP submissions to address
nonattainment area requirements are due. For example, section 172(b)
requires EPA to establish a schedule for submission of such plans for
certain pollutants when the Administrator promulgates the designation
of an area as nonattainment, and section 107(d)(1)(B) allows up to two
years or in some cases three years, for such designations to be
promulgated.\5\ This ambiguity illustrates that rather than apply all
the stated requirements of section 110(a)(2) in a strict literal sense,
EPA must determine which provisions of section 110(a)(2) are applicable
for a particular infrastructure SIP submission.
---------------------------------------------------------------------------

    \3\ For example: section 110(a)(2)(E)(i) provides that states
must provide assurances that they have adequate legal authority
under state and local law to carry out the SIP; section 110(a)(2)(C)
provides that states must have a SIP-approved program to address
certain sources as required by part C of title I of the CAA; and
section 110(a)(2)(G) provides that states must have legal authority
to address emergencies as well as contingency plans that are
triggered in the event of such emergencies.
    \4\ See, e.g., ``Rule 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; Final Rule,''
70 FR 25162, at 25163-65 (May 12, 2005) (explaining relationship
between timing requirement of section 110(a)(2)(D) versus section
110(a)(2)(I)).
    \5\ EPA notes that this ambiguity within section 110(a)(2) is
heightened by the fact that various subparts of part D set specific
dates for submission of certain types of SIP submissions in
designated nonattainment areas for various pollutants. Note, e.g.,
that section 182(a)(1) provides specific dates for submission of
emissions inventories for the ozone NAAQS. Some of these specific
dates are necessarily later than three years after promulgation of
the new or revised NAAQS.
---------------------------------------------------------------------------

    Another example of ambiguity within sections 110(a)(1) and
110(a)(2) with respect to infrastructure SIPs pertains to whether
states must meet all of the infrastructure SIP requirements in a single
SIP submission, and whether EPA must act upon such SIP submission in a
single action. Although section

110(a)(1) directs states to submit ``a plan'' to meet these
requirements, EPA interprets the CAA to allow states to make multiple
SIP submissions separately addressing infrastructure SIP elements for
the same NAAQS. If states elect to make such multiple SIP submissions
to meet the infrastructure SIP requirements, EPA can elect to act on
such submissions either individually or in a larger combined action.\6\
Similarly, EPA interprets the CAA to allow it to take action on the
individual parts of one larger, comprehensive infrastructure SIP
submission for a given NAAQS without concurrent action on the entire
submission. For example, EPA has sometimes elected to act at different
times on various elements and sub-elements of the same infrastructure
SIP submission.\7\
---------------------------------------------------------------------------

    \6\ See, e.g., ``Approval and Promulgation of Implementation
Plans; New Mexico; Revisions to the New Source Review (NSR) State
Implementation Plan (SIP); Prevention of Significant Deterioration
(PSD) and Nonattainment New Source Review (NNSR) Permitting,'' 78 FR
4339 (January 22, 2013) (EPA's final action approving the structural
PSD elements of the New Mexico SIP submitted by the State separately
to meet the requirements of EPA's 2008 PM2.5 NSR rule),
and ``Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Infrastructure and Interstate Transport Requirements for
the 2006 PM2.5 NAAQS,'' (78 FR 4337) (January 22, 2013)
(EPA's final action on the infrastructure SIP for the 2006
PM2.5 NAAQS).
    \7\ On December 14, 2007, the State of Tennessee, through the
Tennessee Department of Environment and Conservation, made a SIP
revision to EPA demonstrating that the State meets the requirements
of sections 110(a)(1) and (2). EPA proposed action for
infrastructure SIP elements (C) and (J) on January 23, 2012 (77 FR
3213) and took final action on March 14, 2012 (77 FR 14976). On
April 16, 2012 (77 FR 22533) and July 23, 2012 (77 FR 42997), EPA
took separate proposed and final actions on all other section
110(a)(2) infrastructure SIP elements of Tennessee's December 14,
2007 submittal.
---------------------------------------------------------------------------

    Ambiguities within sections 110(a)(1) and 110(a)(2) may also arise
with respect to infrastructure SIP submission requirements for
different NAAQS. Thus, EPA notes that not every element of section
110(a)(2) would be relevant, or as relevant, or relevant in the same
way, for each new or revised NAAQS. The state's attendant
infrastructure SIP submissions for each NAAQS therefore could be
different. For example, the monitoring requirements that a state might
need to meet in its infrastructure SIP submission for purposes of
section 110(a)(2)(B) could be very different for different pollutants,
for example because the content and scope of a state's infrastructure
SIP submission to meet this element might be very different for an
entirely new NAAQS than for a minor revision to an existing NAAQS.\8\
---------------------------------------------------------------------------

    \8\ For example, implementation of the 1997 PM2.5
NAAQS required the deployment of a system of new monitors to measure
ambient levels of that new indicator species for the new NAAQS.
---------------------------------------------------------------------------

    EPA notes that interpretation of section 110(a)(2) is also
necessary when EPA reviews other types of SIP submissions required
under the CAA. Therefore, as with infrastructure SIP submissions, EPA
also has to identify and interpret the relevant elements of section
110(a)(2) that logically apply to these other types of SIP submissions.
For example, section 172(c)(7) requires that attainment plan SIP
submissions required by part D have to meet the ``applicable
requirements'' of section 110(a)(2). Thus, for example, attainment plan
SIP submissions must meet the requirements of section 110(a)(2)(A)
regarding enforceable emission limits and control measures and section
110(a)(2)(E)(i) regarding air agency resources and authority. By
contrast, it is clear that attainment plan SIP submissions required by
part D would not need to meet the portion of section 110(a)(2)(C) that
pertains to the PSD program required in part C of title I of the CAA,
because PSD does not apply to a pollutant for which an area is
designated nonattainment and thus subject to part D planning
requirements. As this example illustrates, each type of SIP submission
may implicate some elements of section 110(a)(2) but not others.
    Given the potential for ambiguity in some of the statutory language
of section 110(a)(1) and section 110(a)(2), EPA believes that it is
appropriate to interpret the ambiguous portions of section 110(a)(1)
and section 110(a)(2) in the context of acting on a particular SIP
submission. In other words, EPA assumes that Congress could not have
intended that each and every SIP submission, regardless of the NAAQS in
question or the history of SIP development for the relevant pollutant,
would meet each of the requirements, or meet each of them in the same
way. Therefore, EPA has adopted an approach under which it reviews
infrastructure SIP submissions against the list of elements in section
110(a)(2), but only to the extent each element applies for that
particular NAAQS.
    Historically, EPA has elected to use guidance documents to make
recommendations to states for infrastructure SIPs, in some cases
conveying needed interpretations on newly arising issues and in some
cases conveying interpretations that have already been developed and
applied to individual SIP submissions for particular elements.\9\ EPA
most recently issued guidance for infrastructure SIPs on September 13,
2013 (2013 Guidance).\10\ EPA developed this document to provide states
with up-to-date guidance for infrastructure SIPs for any new or revised
NAAQS. While today's proposed action relies on the specific guidance
issued for the 1997 and 2006 NAAQS, we have also considered this more
recent 2013 guidance where applicable (although not specifically issued
for the PM2.5 NAAQS) and have found no conflicts between the
issued guidance and our review of Nebraska's SIP submissions. Within
the 2013 guidance, EPA describes the duty of states to make
infrastructure SIP submissions to meet basic structural SIP
requirements within three years of promulgation of a new or revised
NAAQS. EPA also made recommendations about many specific subsections of
section 110(a)(2) that are relevant in the context of infrastructure
SIP submissions.\11\ The guidance also discusses the substantively
important issues that are germane to certain subsections of section
110(a)(2). Significantly, EPA interprets sections 110(a)(1) and
110(a)(2) such that infrastructure SIP submissions need to address
certain issues and need not address others. Accordingly, EPA reviews
each infrastructure SIP submission for compliance with the applicable
statutory provisions of section 110(a)(2), as appropriate.
---------------------------------------------------------------------------

    \9\ EPA notes, however, that nothing in the CAA requires EPA to
provide guidance or to promulgate regulations for infrastructure SIP
submissions. The CAA directly applies to states and requires the
submission of infrastructure SIP submissions, regardless of whether
or not EPA provides guidance or regulations pertaining to such
submissions. EPA elects to issue such guidance in order to assist
states, as appropriate.
    \10\ ``Guidance on Infrastructure State Implementation Plan
(SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013.
    \11\ EPA's September 13, 2013, guidance did not make
recommendations with respect to infrastructure SIP submissions to
address section 110(a)(2)(D)(i)(I). EPA issued the guidance shortly
after the U.S. Supreme Court agreed to review the D.C. Circuit
decision in EME Homer City, 696 F.3d7 (D.C. Cir. 2012) which had
interpreted the requirements of section 110(a)(2)(D)(i)(I). In light
of the uncertainty created by ongoing litigation, EPA elected not to
provide additional guidance on the requirements of section
110(a)(2)(D)(i)(I) at that time. As the guidance is neither binding
nor required by statute, whether EPA elects to provide guidance on a
particular section has no impact on a state's CAA obligations.
---------------------------------------------------------------------------

    As an example, section 110(a)(2)(E)(ii) is a required element of
section 110(a)(2) for infrastructure SIP submissions. Under this
element, a state must meet the substantive requirements of section 128,
which pertain to state boards that approve permits or enforcement
orders and heads of executive agencies with similar powers.

Thus, EPA reviews infrastructure SIP submissions to ensure that the
state's SIP appropriately addresses the requirements of section
110(a)(2)(E)(ii) and section 128. The 2013 Guidance explains EPA's
interpretation that there may be a variety of ways by which states can
appropriately address these substantive statutory requirements,
depending on the structure of an individual state's permitting or
enforcement program (e.g., whether permits and enforcement orders are
approved by a multi-member board or by a head of an executive agency).
However they are addressed by the state, the substantive requirements
of section 128 are necessarily included in EPA's evaluation of
infrastructure SIP submissions because section 110(a)(2)(E)(ii)
explicitly requires that the state satisfy the provisions of section
128.
    As another example, EPA's review of infrastructure SIP submissions
with respect to the PSD program requirements in sections 110(a)(2)(C),
(D)(i)(II), and (J) focuses upon the structural PSD program
requirements contained in part C and EPA's PSD regulations. Structural
PSD program requirements include provisions necessary for the PSD
program to address all regulated sources and New Source Review (NSR)
pollutants, including greenhouse gases (GHGs). By contrast, structural
PSD program requirements do not include provisions that are not
required under EPA's regulations at 40 CFR 51.166 but are merely
available as an option for the state, such as the option to provide
grandfathering of complete permit applications with respect to the 2012
PM2.5 NAAQS. Accordingly, the latter optional provisions are
types of provisions EPA considers irrelevant in the context of an
infrastructure SIP action.
    For other section 110(a)(2) elements, however, EPA's review of a
state's infrastructure SIP submission focuses on assuring that the
state's SIP meets basic structural requirements. For example, section
110(a)(2)(C) includes, inter alia, the requirement that states have a
program to regulate minor new sources. Thus, EPA evaluates whether the
state has an EPA-approved minor NSR program and whether the program
addresses the pollutants relevant to that NAAQS. In the context of
acting on an infrastructure SIP submission, however, EPA does not think
it is necessary to conduct a review of each and every provision of a
state's existing minor source program (i.e., already in the existing
SIP) for compliance with the requirements of the CAA and EPA's
regulations that pertain to such programs.
    With respect to certain other issues, EPA does not believe that an
action on a state's infrastructure SIP submission is necessarily the
appropriate type of action in which to address possible deficiencies in
a state's existing SIP. These issues include: (i) Existing provisions
related to excess emissions from sources during periods of startup,
shutdown, or malfunction that may be contrary to the CAA and EPA's
policies addressing such excess emissions (``SSM''); (ii) existing
provisions related to ``director's variance'' or ``director's
discretion'' that may be contrary to the CAA because they purport to
allow revisions to SIP-approved emissions limits while limiting public
process or not requiring further approval by EPA; and (iii) existing
provisions for PSD programs that may be inconsistent with current
requirements of EPA's ``Final NSR Improvement Rule,'' 67 FR 80186
(December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR
Reform''). Thus, EPA believes it may approve an infrastructure SIP
submission without scrutinizing the totality of the existing SIP for
such potentially deficient provisions and may approve the submission
even if it is aware of such existing provisions.\12\ It is important to
note that EPA's approval of a state's infrastructure SIP submission
should not be construed as explicit or implicit re-approval of any
existing potentially deficient provisions that relate to the three
specific issues just described.
---------------------------------------------------------------------------

    \12\ By contrast, EPA notes that if a state were to include a
new provision in an infrastructure SIP submission that contained a
legal deficiency, such as a new exemption for excess emissions
during SSM events, then EPA would need to evaluate that provision
for compliance against the rubric of applicable CAA requirements in
the context of the action on the infrastructure SIP.
---------------------------------------------------------------------------

    EPA's approach to review of infrastructure SIP submissions is to
identify the CAA requirements that are logically applicable to that
submission. EPA believes that this approach to the review of a
particular infrastructure SIP submission is appropriate, because it
would not be reasonable to read the general requirements of section
110(a)(1) and the list of elements in 110(a)(2) as requiring review of
each and every provision of a state's existing SIP against all
requirements in the CAA and EPA regulations merely for purposes of
assuring that the state in question has the basic structural elements
for a functioning SIP for a new or revised NAAQS. Because SIPs have
grown by accretion over the decades as statutory and regulatory
requirements under the CAA have evolved, they may include some outmoded
provisions and historical artifacts. These provisions, while not fully
up to date, nevertheless may not pose a significant problem for the
purposes of ``implementation, maintenance, and enforcement'' of a new
or revised NAAQS when EPA evaluates adequacy of the infrastructure SIP
submission. EPA believes that a better approach is for states and EPA
to focus attention on those elements of section 110(a)(2) of the CAA
most likely to warrant a specific SIP revision due to the promulgation
of a new or revised NAAQS or other factors.
    For example, EPA's 2013 Guidance gives simpler recommendations with
respect to carbon monoxide than other NAAQS pollutants to meet the
visibility requirements of section 110(a)(2)(D)(i)(II), because carbon
monoxide does not affect visibility. As a result, an infrastructure SIP
submission for any future new or revised NAAQS for carbon monoxide need
only state this fact in order to address the visibility prong of
section 110(a)(2)(D)(i)(II).
    With respect to element[s] C and J, EPA interprets the CAA to
require each state to make an infrastructure SIP submission for a new
or revised NAAQS that demonstrates that the air agency has a complete
PSD permitting program meeting the current requirements for all
regulated NSR pollutants. The requirements of element D(i)(II) may also
be satisfied by demonstrating the air agency has a complete PSD
permitting program correctly addressing all regulated NSR pollutants.
Nebraska has shown that it currently has a PSD program in place that
covers all regulated NSR pollutants, including greenhouse gases (GHGs).
    On June 23, 2014, the United States Supreme Court issued a decision
addressing the application of PSD permitting requirements to GHG
emissions. Utility Air Regulatory Group v. Environmental Protection
Agency, 134 S.Ct. 2427. The Supreme Court said that the EPA may not
treat GHGs as an air pollutant for purposes of determining whether a
source is a major source required to obtain a PSD permit. The Court
also said that the EPA could continue to require that PSD permits,
otherwise required based on emissions of pollutants other than GHGs,
contain limitations on GHG emissions based on the application of Best
Available Control Technology (BACT). In order to act consistently with
its understanding of the Court's decision pending further judicial
action to effectuate the decision, the EPA is not continuing to apply
EPA regulations that would require that SIPs

include permitting requirements that the Supreme Court found
impermissible. Specifically, EPA is not applying the requirement that a
state's SIP-approved PSD program require that sources obtain PSD
permits when GHGs are the only pollutant (i) that the source emits or
has the potential to emit above the major source thresholds, or (ii)
for which there is a significant emissions increase and a significant
net emissions increase from a modification (e.g. 40 CFR
51.166(b)(48)(v)). EPA anticipates a need to revise Federal PSD rules
in light of the Supreme Court opinion. In addition, EPA anticipates
that many states will revise their existing SIP-approved PSD programs
in light of the Supreme Court's decision. The timing and content of
subsequent EPA actions with respect to the EPA regulations and state
PSD program approvals are expected to be informed by additional legal
process before the United States Court of Appeals for the District of
Columbia Circuit. At this juncture, EPA is not expecting states to have
revised their PSD programs for purposes of infrastructure SIP
submissions and is only evaluating such submissions to assure that the
state's program correctly addresses GHGs consistent with the Supreme
Court's decision.
    At present, EPA has determined the Nebraska's SIP is sufficient to
satisfy elements C, D(i)(II), and J with respect to GHGs because the
PSD permitting program previously approved by EPA into the SIP
continues to require that PSD permits (otherwise required based on
emissions of pollutants other than GHGs) contain limitations on GHG
emissions based on the application of BACT. Although Nebraska's
approved PSD permitting program may currently contain provisions that
are no longer necessary in light of the Supreme Court decision, this
does not render the infrastructure SIP submission inadequate to satisfy
elements C, (D)(i)(II), and J. The SIP contains the necessary PSD
requirements at this time, and the application of those requirements is
not impeded by the presence of other previously-approved provisions
regarding the permitting of sources of GHGs that EPA does not consider
necessary at this time in light of the Supreme Court decision.
Accordingly, the Supreme Court decision does not affect EPA's proposed
approval of Nebraska's infrastructure SIP as to the requirements of
elements C, D(i)(II), and J.
    Finally, EPA believes that its approach with respect to
infrastructure SIP requirements is based on a reasonable reading of
sections 110(a)(1) and 110(a)(2) because the CAA provides other avenues
and mechanisms to address specific substantive deficiencies in existing
SIPs. These other statutory tools allow EPA to take appropriately
tailored action, depending upon the nature and severity of the alleged
SIP deficiency. Section 110(k)(5) authorizes EPA to issue a ``SIP
call'' whenever the Agency determines that a state's SIP is
substantially inadequate to attain or maintain the NAAQS, to mitigate
interstate transport, or to otherwise comply with the CAA.\13\ Section
110(k)(6) authorizes EPA to correct errors in past actions, such as
past approvals of SIP submissions.\14\ Significantly, EPA's
determination that an action on a state's infrastructure SIP submission
is not the appropriate time and place to address all potential existing
SIP deficiencies does not preclude EPA's subsequent reliance on
provisions in section 110(a)(2) as part of the basis for action to
correct those deficiencies at a later time. For example, although it
may not be appropriate to require a state to eliminate all existing
inappropriate director's discretion provisions in the course of acting
on an infrastructure SIP submission, EPA believes that section
110(a)(2)(A) may be among the statutory bases that EPA relies upon in
the course of addressing such deficiency in a subsequent action.\15\
---------------------------------------------------------------------------

    \13\ For example, EPA issued a SIP call to Utah to address
specific existing SIP deficiencies related to the treatment of
excess emissions during SSM events. See ``Finding of Substantial
Inadequacy of Implementation Plan; Call for Utah State
Implementation Plan Revisions,'' 74 FR 21639 (April 18, 2011).
    \14\ EPA has used this authority to correct errors in past
actions on SIP submissions related to PSD programs. See ``Limitation
of Approval of Prevention of Significant Deterioration Provisions
Concerning Greenhouse Gas Emitting-Sources in State Implementation
Plans; Final Rule,'' 75 FR 82536 (December 30, 2010). EPA has
previously used its authority under CAA section 110(k)(6) to remove
numerous other SIP provisions that the Agency determined it had
approved in error. See, e.g., 61 FR 38664 (July 25, 1996) and 62 FR
34641 (June 27, 1997) (corrections to American Samoa, Arizona,
California, Hawaii, and Nevada SIPs); 69 FR 67062 (November 16,
2004) (corrections to California SIP); and 74 FR 57051 (November 3,
2009) (corrections to Arizona and Nevada SIPs).
    \15\ See, e.g., EPA's disapproval of a SIP submission from
Colorado on the grounds that it would have included a director's
discretion provision inconsistent with CAA requirements, including
section 110(a)(2)(A). See, e.g., 75 FR 42342 at 42344 (July 21,
2010) (proposed disapproval of director's discretion provisions); 76
FR 4540 (January 26, 2011) (final disapproval of such provisions).
---------------------------------------------------------------------------

IV. What is EPA's evaluation of how the state addressed the relevant
elements of sections 110(a)(1) and (2)?

    On April 3, 2008, EPA Region 7 received Nebraska's infrastructure
SIP submission for the 1997 PM2.5 standard. On August 29,
2011, EPA Region 7 received Nebraska's infrastructure SIP submission
for the 2006 PM2.5 standard. EPA has reviewed Nebraska's
infrastructure SIP submissions and the relevant statutory and
regulatory authorities and provisions referenced in those submissions
or referenced in Nebraska's SIP. Below is EPA's evaluation of how the
state addressed the relevant elements of section 110(a)(2) for both the
1997 and 2006 PM2.5 NAAQS.
    (A) Emission limits and other control measures: Section
110(a)(2)(A) requires SIPs to include enforceable emission limits and
other control measures, means or techniques, schedules for compliance
and other related matters as needed to implement, maintain and enforce
each NAAQS.\16\
---------------------------------------------------------------------------

    \16\ The specific nonattainment area plan requirements of
section 110(a)(2)(I) are subject to the timing requirements of
section 172, not the timing requirement of section 110(a)(1). Thus,
section 110(a)(2)(A) does not require that states submit regulations
or emissions limits specifically for attaining the 1997 or 2006
PM2.5 NAAQS. Those SIP provisions are due as part of each
state's attainment plan, and will be addressed separately from the
requirements of section 110(a)(2)(A). In the context of an
infrastructure SIP, EPA is not evaluating the existing SIP
provisions for this purpose. Instead, EPA is only evaluating whether
the state's SIP has basic structural provisions for the
implementation of the NAAQS.
---------------------------------------------------------------------------

    The state of Nebraska's statutes and Air Quality Regulations
authorize the Nebraska Department of Environmental Quality (NDEQ) to
regulate air quality and implement air quality control regulations.
Section 81-1504 of the Nebraska Revised Statutes authorizes NDEQ to
act, among other things, as the state air pollution control agency for
all purposes of the CAA and to develop comprehensive programs for the
prevention, control and abatement of new or existing pollution to the
air of the state. Air pollution is defined in section 81-1502 of the
Nebraska Revised Statutes as the presence in the outdoor atmosphere of
one or more air contaminants or combinations thereof in such quantities
and of such duration as are or may tend to be injurious to human,
plant, or animal life, property, or the conduct of business.
    Section 81-1505(1) of the Nebraska Revised Statutes authorizes the
Nebraska Environmental Quality Council (EQC) to adopt and promulgate
rules which set air standards that will protect public health and
welfare. The EQC is also authorized to classify air contaminant sources
according to levels and types of discharges, emissions or other
characteristics.
    The 1997 PM2.5 NAAQS specified in 40 CFR 50.7 was
proposed and adopted into Nebraska title 129 chapter 4, section 001.02
of the Nebraska

Administrative Code, by the EQC on September 7, 2001, with an effective
date of April 1, 2002. The 2006 PM2.5 NAAQS specified in 40
CFR 50.13 was proposed and adopted into Nebraska title 129 chapter 4,
section 001.02 of the Nebraska Administrative Code, by the EQC on July
1, 2008, with an effective date of August 18, 2008. Therefore,
PM2.5 is an air contaminant which may be regulated under
Nebraska law.
    Based upon review of the state's infrastructure SIP submission for
the 1997 and 2006 PM2.5 NAAQS, and relevant statutory and
regulatory authorities and provisions referenced in the submission or
referenced in Nebraska's SIP, EPA believes that the Nebraska SIP
adequately addresses the requirements of section 110(a)(2)(A) for the
1997 and 2006 PM2.5 NAAQS and is proposing to approve this
element in the April 3, 2008 and August 29, 2011 SIP submissions.
    (B) Ambient air quality monitoring/data system: Section
110(a)(2)(B) requires SIPs to include provisions to provide for
establishment and operation of ambient air quality monitors, collection
and analysis of ambient air quality data, and making these data
available to EPA upon request.
    To address this element, section 81-1505(12)(o) of the Nebraska
Revised Statutes provides the enabling authority necessary for Nebraska
to fulfill the requirements of section 110(a)(2)(B). This provision
gives the EQC the authority to promulgate rules and regulations
concerning the monitoring of emissions. The Air Quality Division within
NDEQ implements these requirements. Along with their other duties, the
monitoring program within NDEQ's Air Compliance and Enforcement Program
collects air monitoring data, quality assures the results, and reports
the data. In accordance with the requirements of 40 CFR part 58
appendix D, section 4.7.1(b), Nebraska operates seven PM2.5
monitors throughout the state.
    NDEQ submits annual monitoring network plans to EPA for approval,
including plans for its PM2.5 monitoring network, as
required by 40 CFR 58.10. Prior to submission to EPA, Nebraska makes
the plans available for public review on NDEQ's Web site. See, http://deq.ne.gov/Publica.nsf/Pubs_Air_Amb.xsp, for NDEQ's 2014 Ambient Air
Monitoring Network Plan. This Plan includes, among other things, the
locations for the PM2.5 monitoring network. On February 9,
2015, EPA approved Nebraska's 2014 ambient air network monitoring plan.
NDEQ also conducts five-year monitoring network assessments, including
the PM2.5 monitoring network, as required by 40 CFR
58.10(d). Title 129, chapter 4, section 001.02 of the NAC requires that
attainment with the PM2.5 standard be determined in
accordance with the applicable Federal regulations in 40 CFR part 50,
appendix N. Nebraska submits air quality data to EPA's Air Quality
System (AQS) quarterly, pursuant to the provisions of work plans
developed in conjunction with EPA grants to the state.
    Based upon review of the state's infrastructure SIP submission for
the 1997 and 2006 PM2.5 NAAQS, and relevant statutory and
regulatory authorities and provisions referenced in the submission or
referenced in Nebraska's SIP, EPA believes that the Nebraska SIP meets
the requirements of section 110(a)(2)(B) for the 1997 and 2006
PM2.5 NAAQS and is proposing to approve this element in the
April 3, 2008 and August 29, 2011 submissions.
    (C) Program for enforcement of control measures (PSD, New Source
Review for nonattainment areas, and construction and modification of
all stationary sources): Section 110(a)(2)(C) requires states to
include the following three elements in the SIP: (1) A program
providing for enforcement of all SIP measures described in section
110(a)(2)(A); (2) a program for the regulation of the modification and
construction of stationary sources as necessary to protect the
applicable NAAQS (i.e., state-wide permitting of minor sources); and
(3) a permit program to meet the major source permitting requirements
of the CAA (for areas designated as attainment or unclassifiable for
the NAAQS in question).\17\
---------------------------------------------------------------------------

    \17\ As discussed previously, this infrastructure SIP rulemaking
will not address the Nebraska program for nonattainment area related
provisions, since EPA considers evaluation of these provisions to be
outside the scope of infrastructure SIP actions.
---------------------------------------------------------------------------

    (1) Enforcement of SIP Measures. With respect to enforcement of
requirements of the SIP, the Nebraska statutes provide authority to
enforce the requirements of section 81-1504(1) of the Nebraska Revised
Statutes provide authority for NDEQ to enforce the requirements of the
Nebraska Environmental Protection Act, and any regulations, permits, or
final compliance orders issued under the provisions of that law. In
addition, section 81-1504(7) authorizes NDEQ to issue orders
prohibiting or abating discharges of waste into the air and requiring
the modification, extension or adoption of remedial measures to
prevent, control, or abate air pollution. Section 81-1507 authorizes
NDEQ to commence an enforcement action for any violations of the
Environmental Protection Act, any rules or regulations promulgated
thereunder, or any orders issued by NDEQ. This enforcement action can
not only seek civil penalties, but also require that the recipient take
corrective action to address the violation. See section 81-1507(1) and
81-1508.02. Section 81-1508.01 provides for criminal penalties for
knowing or willful violations of the statute, regulations or permit
conditions, in addition to other acts described in that section.
    (2) Minor New Source Review. Section 110(a)(2)(C) also requires
that the SIP include measures to regulate construction and modification
of stationary sources to protect the NAAQS. With respect to smaller
state-wide minor sources (Nebraska's major source permitting program is
discussed in (3) below), Nebraska has a program under title 129,
chapter 17 of the NAC that requires such sources to first obtain a
construction permit from NDEQ. The permitting process is designed to
ensure that new and modified sources will not interfere with NAAQS
attainment. NDEQ has the authority to require the source applying for
the permit to undergo an air quality impact analysis. If NDEQ
determines that emissions from a constructed or modified source
interfere with attainment of the NAAQS, it may deny the permit until
the source makes the necessary changes to obviate the objections to the
permit issuance. See chapter 17, sections 008 and 009 of the NAC.
    EPA has determined that Nebraska's minor new source review (NSR)
program adopted pursuant to section 110(a)(2)(C) of the Act regulates
emissions of NAAQS pollutants. EPA has also determined that certain
provisions of the state's minor NSR program adopted pursuant to section
110(a)(2)(C) of the Act likely do not meet all the requirements found
in EPA's regulations implementing that provision. See 40 CFR 51.160-
51.164. EPA previously approved Nebraska's minor NSR program into the
SIP, and at the time there was no objection to the provisions of this
program. See 37 FR 10842 (May 31, 1972) and 60 FR 372 (January 4,
1995). Since then, the state and EPA have relied on the existing state
minor NSR program to assure that new and modified sources not captured
by the major NSR permitting programs do not interfere with attainment
and maintenance of the NAAQS.
    In this action, EPA is proposing to approve Nebraska's
infrastructure SIP for the 1997 and 2006 PM2.5 NAAQS with
respect to the general requirement in section 110(a)(2)(C) to include a

program in the SIP that regulates the modification and construction of
any stationary source as necessary to assure that the NAAQS are
achieved. In this action, EPA is not proposing to approve or disapprove
the state's existing minor NSR program to the extent that it is
inconsistent with EPA's regulations governing this program. EPA has
maintained that the CAA does not require that new infrastructure SIP
submissions correct any defects in existing EPA-approved provisions of
minor NSR programs in order for EPA to approve the infrastructure SIP
for element (C) (e.g., 76 FR 41076-76 FR 41079).
    (3) Prevention of Significant Deterioration (PSD) permit program.
Nebraska also has a program approved by EPA as meeting the requirements
of part C, relating to prevention of significant deterioration of air
quality. In order to demonstrate that Nebraska has met this sub-
element, this PSD program must cover requirements not just for the 1997
and 2006 PM2.5 NAAQS, but for all other regulated NSR
pollutants as well.
    Nebraska's implementing rule, title 129, chapter 19, Prevention of
Significant Deterioration of Air Quality, incorporates the relevant
portions of the Federal rule, 40 CFR 52.21 by reference. In this
action, EPA is not proposing to approve or disapprove any state rules
with regard to NSR reform requirements. EPA will act on NSR reform
submittals through a separate rulemaking process. For Nebraska, we have
previously approved Nebraska's NSR reform rules for attainment areas,
see 76 FR 15852 (March 22, 2011).
    The Nebraska SIP also contains a permitting program for major
sources and modifications in nonattainment areas (see Title 129,
chapter 17, section 013). This section is currently not applicable to
Nebraska because all areas of Nebraska are currently in attainment with
the NAAQS. Even if it were applicable, the SIP's discussion of
nonattainment areas is not addressed in this rulemaking (see discussion
of the section 110(a)(2)(I) requirements for nonattainment areas,
below).
    With respect to the PSD program, title 129, chapter 19, of the NAC
provides for the permitting of construction of a new major stationary
source or a major modification of an existing major stationary source.
Further, chapter 19, section 010 of the NAC establishes threshold
emissions for establishing whether the construction project is a major
source of regulated NSR pollutants, including but not limited to
PM2.5.
    Based upon review of the state's infrastructure SIP submission for
the 1997 and 2006 PM2.5 NAAQS, and relevant statutory and
regulatory authorities and provisions referenced in these submissions
or referenced in Nebraska's SIP, with respect to the requirements of
section 110(a)(2)(C) for the 1997 and 2006 PM2.5 NAAQS, EPA
is proposing to approve this element in the April 3, 2008 and August
29, 2011, submissions.
    (D) Interstate and international transport: Section 110(a)(2)(D)(i)
includes four requirements referred to as prongs 1 through 4. Prongs 1
and 2 are provided at section 110(a)(2)(D)(i)(I); Prongs 3 and 4 are
provided at section 110(a)(2)(D)(i)(II). Section 110(a)(2)(D)(i)(I)
requires SIPs to include adequate provisions prohibiting any source or
other type of emissions activity in one state from contributing
significantly to nonattainment, or interfering with maintenance, of any
NAAQS in another state. Section 110(a)(2)(D)(i)(II) requires SIPs to
include adequate provisions prohibiting any source or other type of
emissions activity in one state from interfering with measures required
of any other state to prevent significant deterioration of air quality
or to protect visibility.
    With respect to 110(a)(2)(D)(i)(I)--prongs 1 and 2, EPA acted on
this issue as it relates to Nebraska on August 8, 2011. See 76 FR
48208.
    With respect to the PSD requirements of section
110(a)(2)(D)(i)(II)--prong 3, EPA notes that Nebraska's satisfaction of
the applicable infrastructure SIP PSD requirements for attainment/
unclassifiable areas of the 1997 and 2006 PM2.5 NAAQS have
been detailed in the section addressing section 110(a)(2)(C). As
discussed above for element (C)(3), EPA has previously approved
Nebraska's NSR reform rules for attainment areas, and, as previously
stated, Nebraska currently has no nonattainment areas See 76 FR 15852
(March 22, 2011). EPA also notes that the proposed action in that
section related to PSD is consistent with the proposed approval related
to PSD for section 110(a)(2)(D)(i)(II). Therefore, EPA is proposing to
approve the PSD requirements of section 110(a)(2)(D)(i)(II)--prong
3.\18\
---------------------------------------------------------------------------

    \18\ On August 31, 2011, by letter from Shelley Schneider, Air
Quality Division Administrator of NDEQ, to Becky Weber, Director of
the Air and Waste Management Division of EPA, NDEQ clarified that
its August 29, 2011 SIP submission addressed the PSD requirements of
section 110(a)(2)(D)(i)(II).
---------------------------------------------------------------------------

    EPA is proposing to disapprove Nebraska's SIP as it relates to
section 110(a)(2)(D)(i)(II) with respect to visibility, or ``Prong 4''
of the requirements of section 110(a)(2)(D). In its SIP submittal,
Nebraska refers to its submittal of a SIP revision in July, 2011,
addressing the regional haze requirements. An approved regional haze
SIP that fully meets the regional haze requirements in 40 CFR 51.308
would satisfy the requirements of section 110(a)(2)(D)(i)(II) for
visibility protection as such a SIP would ensure that emissions from
the state will not interfere with measures required to be included in
other state SIPs to protect visibility. EPA has not, however, fully
approved Nebraska's Regional Haze SIP.
    On July 6, 2012, after reviewing Nebraska's submittal of a Regional
Haze SIP, EPA published the ``Approval, Disapproval and Promulgation of
Implementation Plans; State of Nebraska; Regional Haze State
Implementation Plan; Federal Implementation Plan for Best Available
Retrofit Technology Determination; Final Rule'' (77 FR 40150). In that
action, EPA partially approved the SIP revision as meeting the
applicable regional haze requirements set forth in sections 169A and
169B of the Act and in the Federal regulations codified at 40 CFR
51.308, and the requirements of 40 CFR part 51, subpart F and
appendices V and Y. EPA disapproved the SO2 BART
determinations for units 1 and 2 of the Gerald Gentleman Station (GGS)
because they do not comply with EPA's regulations. EPA also disapproved
Nebraska's long-term strategy insofar as it relied on the deficient
SO2 BART determination at GGS. Instead, EPA finalized a FIP
relying on the Transport Rule as an alternative to BART for
SO2 emissions from GGS to address these deficiencies. Given
this, EPA cannot approve Nebraska's SIP as meeting the prong 4
requirements based on the absence of a fully approved Regional Haze
SIP.
    In the absence of a fully approved Regional Haze SIP, a State may
meet the requirements of prong 4 by showing that its SIP contains
adequate provisions to prevent emission from within the State from
interfering with other state's measures to protect visibility. See,
e.g., 76 FR 8326 (February 14, 2011). Nebraska did not, however,
provide a demonstration in its infrastructure SIP that emissions within
its jurisdiction do not interfere with other States' plans to protect
visibility.
    Section 110(a)(2)(D)(ii) also requires that the SIP insure
compliance with the applicable requirements of sections 126 and 115 of
the CAA, relating to interstate and international pollution abatement,
respectively.

    Section 126(a) of the CAA requires new or modified sources to
notify neighboring states of potential impacts from sources within the
state. Although Nebraska sources have not been identified by EPA as
having any interstate or international impacts under section 126 or
section 115 in any pending actions relating to the 1997 or 2006
PM2.5 NAAQS, the Nebraska regulations address abatement of
the effects of interstate pollution. Title 129, chapter 14, section
010.03 of the NAC requires NDEQ, after receiving a complete PSD permit
application, to notify EPA, as well as officials and agencies having
cognizance where the proposed construction is to occur. This includes
state or local air pollution control agencies and the chief executives
of the city and county where the source would be located; any
comprehensive regional land use planning agency; and any state, Federal
Land Manager, or Indian governing body whose lands may be affected by
emissions from the source or modification. Finally, we believe that
Nebraska could use the same statutory authorities previously discussed,
primarily section 81-1505 of the Nebraska Revised Statutes, to respond
to any future findings with respect to the 1997 and 2006
PM2.5 NAAQS.
    Section 115 of the CAA authorizes EPA to require a state to revise
its SIP under certain conditions to alleviate international transport
into another country. There are no final findings under section 115 of
the CAA against Nebraska with respect to any air pollutant. Thus, the
state's SIP does not need to include any provisions to meet the
requirements of section 115.
    Based upon review of the state's infrastructure SIP submission for
the 1997 and 2006 PM2.5 NAAQS, and relevant statutory and
regulatory authorities and provisions referenced in these submissions
or referenced in Nebraska's SIP, EPA is not proposing to take action,
at this time, as it relates to section 110(a)(2)(D)(i)(I)--prongs 1 and
2 and proposes to disapprove 110(a)(i)(II)--prong 4. However, EPA
believes that Nebraska has the adequate infrastructure needed to
address sections 110(a)(2)(D)(i)(II)--Prong 3 and 110(a)(2)(D)(ii) for
the 1997 and 2006 PM2.5 NAAQS and is proposing to approve
the April 3, 2008 submission regarding the 1997 PM2.5
infrastructure SIP requirements and the August 29, 2011, submission
regarding the 2006 PM2.5 infrastructure SIP requirements for
those elements as indicated above.
    (E) Adequate authority, resources, implementation, and oversight:
Section 110(a)(2)(E) requires that SIPs provide for the following: (1)
necessary assurances that the state (and other entities within the
state responsible for implementing the SIP) will have adequate
personnel, funding, and authority under state or local law to implement
the SIP, and that there are no legal impediments to such
implementation; (2) requirements that the state comply with the
requirements relating to state boards, pursuant to section 128 of the
CAA; and (3) necessary assurances that the state has responsibility for
ensuring adequate implementation of any plan provision for which it
relies on local governments or other entities to carry out that portion
of the plan.
    (1) Section 110(a)(2)(E)(i) requires states to establish that they
have adequate personnel, funding and authority. With respect to
adequate authority, we have previously discussed Nebraska's statutory
and regulatory authority to implement the 1997 and 2006
PM2.5 NAAQS, primarily in the discussion of section
110(a)(2)(A) above. Neither Nebraska nor EPA has identified any legal
impediments in the state's SIP to implementation of the NAAQS.
    With respect to adequate resources, NDEQ asserts that it has
adequate personnel to implement the SIP. State statutes provide NDEQ
the authority to establish bureaus, divisions and/or sections to carry
out the duties and powers granted by the Nebraska state law to address
the control of air pollution, to be administered by full-time salaried,
bureau, division or section chiefs. See Nebraska Revised Statutes
section 81-1504(14). NDEQ's Air Quality Division is currently divided
into the Permitting Section, the Compliance Section, and the Program
Planning and Development Unit.
    With respect to funding, the Nebraska statutes require the EQC to
establish various fees for sources, in order to fund the reasonable
costs of implementing various air pollution control programs. For
example, section 81-1505(12)(e) of the Nebraska Revised Statutes
requires the EQC to establish a requirement for sources to pay fees
sufficient to pay the reasonable direct and indirect costs of
developing and administering the air quality operating permit program.
These costs include overhead charges for personnel, equipment,
buildings and vehicles; enforcement costs; costs of emissions and
ambient monitoring; and modeling analyses and demonstrations. See
Nebraska Revised Statutes section 81-1505.04(2)(b). Similarly, section
81-1505(12)(a) requires the EQC to establish application fees for air
contaminant sources seeking to obtain a permit prior to construction.
    Section 81-1505.05 of the Nebraska Revised Statutes provides that
all fees collected pursuant to section 81-1505.04 be credited to the
``Clean Air Title V Cash Fund'' to be used solely to pay for the direct
and indirect costs required to develop and administer the air quality
permit program. Similarly, section 81-1505.06 provides that all fees
collected pursuant to section 81-1505(12) be deposited in the ``Air
Quality Permit Cash Fund.''
    Nebraska uses funds in the non-Title V subaccounts, along with
General Revenue funds and EPA grants under, for example, sections 103
and 105 of the Act, to fund the programs. EPA conducts periodic program
reviews to ensure that the state has adequate resources and funding to,
among others, implement the SIP.
    (2) Conflict of interest provisions--Section 110(a)(2)(E)(ii)
requires that each state SIP meet the requirements of section 128,
relating to representation on state boards and conflicts of interest by
members of such boards. Section 128(a)(1) requires that any board or
body which approves permits or enforcement orders under the CAA must
have at least a majority of members who represent the public interest
and do not derive any ``significant portion'' of their income from
persons subject to permits and enforcement orders under the CAA.
Section 128(a)(2) requires that members of such a board or body, or the
head of an agency with similar powers, adequately disclose any
potential conflicts of interest.
    On October 21, 2014, EPA approved Nebraska's SIP revision
addressing section 128 requirements. For a detailed analysis concerning
Nebraska's section 128 provisions, see EPA's approval of Nebraska's
2008 Lead infrastructure SIP (79 FR 62832).
    (3) With respect to assurances that the state has responsibility to
implement the SIP adequately when it authorizes local or other agencies
to carry out portions of the plan, section 81-1504(18) of the Nebraska
Revised Statutes grants NDEQ the authority to encourage local units of
government to handle air pollution problems within their own
jurisdictions. NDEQ may delegate, by contract with governmental
subdivisions which have adopted air pollution control programs, the
enforcement of state-adopted air pollution control regulations within a
specified region surrounding the jurisdictional area of the
governmental subdivision. See section 81-1504(23). However, the
Nebraska statutes also retain authority in NDEQ to carry out the
provisions of state air pollution control law. Section 81-1504(1) gives

NDEQ ``exclusive general supervision'' of the administration and
enforcement of the Nebraska Environmental Protection Act. In addition,
section 81-1504(4) designates NDEQ as the air pollution control agency
for the purposes of the CAA.
    The State of Nebraska relies on two local agencies for assistance
in implementing portions of the air pollution control program: Lincoln/
Lancaster County Health Department and Omaha Air Quality Control. NDEQ
oversees the activities of these local agencies to ensure adequate
implementation of the plan. NDEQ utilizes sub-grants to the local
agencies to provide adequate funding, and as an oversight mechanism.
EPA conducts reviews of the local program activities in conjunction
with its oversight of the state program.
    Based upon review of the state's infrastructure SIP submission for
the 1997 and 2006 PM2.5 NAAQS and relevant statutory and
regulatory authorities and provisions referenced in these submissions
or referenced in Nebraska's SIP, EPA believes that Nebraska has the
adequate infrastructure needed to address section 110(a)(2)(E) for the
1997 and 2006 PM2.5 NAAQS submitted and is proposing to
approve the April 3, 2008 submission regarding the 1997
PM2.5 infrastructure SIP requirements and the August 29,
2011, submission regarding the 2006 PM2.5 infrastructure SIP
requirements for this element.
    (F) Stationary source monitoring system: Section 110(a)(2)(F)
requires states to establish a system to monitor emissions from
stationary sources and to submit periodic emission reports. Each SIP
shall require the installation, maintenance, and replacement of
equipment, and the implementation of other necessary steps, by owners
or operators of stationary sources, to monitor emissions from such
sources. The SIP shall also require periodic reports on the nature and
amounts of emissions and emissions-related data from such sources, and
requires that the state correlate the source reports with emission
limitations or standards established under the CAA. These reports must
be made available for public inspection at reasonable times. To address
this element, section 81-1505(12)(o) of the Nebraska Revised Statutes
gives the EQC the authority to promulgate rules and regulations for air
pollution control, including requirements for owner or operator testing
and monitoring of emissions. It also gives the EQC the authority to
promulgate similar rules and regulations for the periodic reporting of
these emissions. See section 81-1505(12)(l). Title 129 chapter 34,
section 002 of the NAC incorporates various EPA reference methods for
testing source emissions, including methods for PM2.5. The
Federal test methods in 40 CFR part 60, appendix A are referenced in
title 129, chapter 34 section 002.02.
    The Nebraska regulations also require that all Class I and Class II
operating permits include requirements for monitoring of emissions. See
title 129, chapter 8, sections 004.01 and 015 of the NAC. Furthermore,
title 129, chapter 34, section 001 of the NAC allows NDEQ to order an
emissions source to make or have tests made to determine the rate of
contaminant emissions from the source whenever NDEQ has reason to
believe that the existing emissions from the source exceed the
applicable emissions limits.
    The Nebraska regulations also impose reporting requirements on
sources subject to permitting requirements. See title 129, chapter 6,
section 001; chapter 8, sections 004.03 and 015 of the NAC. Nebraska
makes all monitoring reports submitted as part of Class I or Class II
permit a publicly available document. Although sources can submit a
claim of confidentiality for some of the information submitted,
Nebraska regulations specifically exclude emissions data from being
entitled to confidential protection. See title 129, chapter 7, section
004 of the NAC. Nebraska uses this information to track progress
towards maintaining the NAAQS, developing control and maintenance
strategies, identifying sources and general emission levels, and
determining compliance with emission regulations and additional EPA
requirements.
    Based upon review of the state's infrastructure SIP submission for
the 1997 and 2006 PM2.5 NAAQS, and relevant statutory and
regulatory authorities and provisions referenced in the submission or
referenced in Nebraska's SIP, EPA believes that Nebraska has the
adequate infrastructure needed to address section 110(a)(2)(F) for the
1997 and 2006 PM2.5 NAAQS submitted and is proposing to
approve the April 3, 2008, submission regarding the 1997
PM2.5 infrastructure SIP requirements and the August 29,
2011, submission regarding the 2006 PM2.5 infrastructure SIP
requirements for this element.
    (G) Emergency authority: Section 110(a)(2)(G) requires SIPs to
provide for authority to address activities causing imminent and
substantial endangerment to public health or welfare or the environment
(comparable to the authorities provided in section 303 of the CAA), and
to include contingency plans to implement such authorities as
necessary.
    Section 81-1507(4) of the Nebraska Revised Statutes states that
whenever the Director of NDEQ finds that an emergency exists requiring
immediate action to protect the public health and welfare, he or she
may issue an order requiring that such action be taken as the Director
deems necessary to meet the emergency. Title 129, chapter 38, section
003 of the NAC states that the conditions justifying the proclamation
of an air pollution alert, air pollution warning, or air pollution
emergency exist whenever the Director determines that the accumulation
of air pollutants in any place is attaining or has attained levels
which could, if such levels are sustained or exceeded, lead to a
substantial threat to the health of persons. This regulation also
establishes action levels for various air pollutants. The action levels
(which include ``Air Pollution Alert,'' ``Air Pollution Warning,'' and
``Air Pollution Emergency'') and associated contingency measures vary
depending on the severity of the concentrations. Appendix I to title
129 of the NAC provides an Emergency Response Plan with actions to be
taken under each of the severity levels. These steps are designed to
prevent the excessive build-up of air pollutants to concentrations
which can result in imminent and substantial danger to public health.
Both the regulation at chapter 38 and the Emergency Response Plan are
contained in the Federally approved SIP.
    Based on EPA's experience to date with the PM2.5 NAAQS
and designated PM2.5 nonattainment areas, EPA expects that
an emergency event involving PM2.5 would be unlikely, and if
it were to occur, would be the result of a malfunction or other
emergency situation at a relatively large source of PM2.5.
Accordingly, EPA believes that the central components of a contingency
plan would be to reduce emissions from the source at issue (if
necessary, by curtailing operations) and public communication as
needed. EPA believes that Nebraska's statutes referenced above provide
the requisite authority to NDEQ to address such situations.
    Based upon review of the state's infrastructure SIP submission for
the 1997 and 2006 PM2.5 NAAQS, and relevant statutory and
regulatory authorities and provisions referenced in that submission or
referenced in Nebraska's SIP, EPA believes that the Nebraska SIP
adequately addresses section 110(a)(2)(G) for the 1997 and 2006
PM2.5 NAAQS submitted and is proposing to approve the April
3, 2008

submission regarding the 1997 PM2.5 infrastructure SIP
requirements and the August 29, 2011, submission regarding the 2006
PM2.5 infrastructure SIP requirements for this element.
    (H) Future SIP revisions: Section 110(a)(2)(H) requires states to
have the authority to revise their SIPs in response to changes in the
NAAQS, availability of improved methods for attaining the NAAQS, or in
response to an EPA finding that the SIP is substantially inadequate to
attain the NAAQS.
    As discussed previously, section 81-1504 of the Nebraska Revised
Statutes authorizes NDEQ to regulate air quality and implement air
quality control regulations. It also authorizes NDEQ to act as the
state air pollution control agency for all purposes of the CAA. Section
81-1505(1) gives the EQC the authority to adopt and promulgate rules
which set air standards that will protect public health and welfare.
This authority includes the authority to revise rules as necessary to
respond to a revised NAAQS.
    Based upon review of the state's infrastructure SIP submission for
the 1997 and 2006 PM2.5 NAAQS, and relevant statutory and
regulatory authorities and provisions referenced in the submission or
referenced in Nebraska's SIP, EPA believes that Nebraska has adequate
authority to address section 110(a)(2)(H) for the 1997 and 2006
PM2.5 NAAQS submitted and is proposing to approve this
element in regard to the April 3, 2008, submission regarding the 1997
PM2.5 infrastructure SIP requirements and the August 29,
2011, submission regarding the 2006 PM2.5 infrastructure SIP
requirements for this element.
    (I) Nonattainment areas: 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.
    As noted earlier, EPA does not expect infrastructure SIP
submissions to address subsection (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. Instead, EPA will take action on part D
attainment plan SIP submissions through a separate rulemaking governed
by the requirements for nonattainment areas, as described in part D.
    (J) Consultation with government officials, public notification,
PSD and visibility protection: Section 110(a)(2)(J) requires SIPs to
meet the applicable requirements of the following CAA provisions: (1)
section 121, relating to interagency consultation regarding certain CAA
requirements; (2) section 127, relating to public notification of NAAQS
exceedances and related issues; and (3) part C of the CAA, relating to
prevention of significant deterioration of air quality and visibility
protection.
    (1) With respect to interagency consultation, the SIP should
provide a process for consultation with general-purpose local
governments, designated organizations of elected officials of local
governments, and any Federal Land Manager having authority over Federal
land to which the SIP applies. Section 81-1504(3) authorizes NDEQ to
advise and consult and cooperate with other Nebraska state agencies,
the Federal government, other states, interstate agencies, and with
affected political subdivisions, for the purpose of implementing its
air pollution control responsibilities. Nebraska also has appropriate
interagency consultation provisions in its preconstruction permit
program. See, e.g., title 129, chapter 14 section 010 of the NAC
(requiring NDEQ to send a copy of a notice of public comment on
construction permit applications to any state or local air pollution
control agency; the chief executives of the city and county in which
the source would be located; any comprehensive regional land use
planning agency; and any state, Federal Land Manager, or Indian
governing body whose lands may be affected by emissions from the source
or modification).
    (2) With respect to the requirements for public notification in CAA
section 127, title 129 chapter 38 of the NAC, discussed previously in
connection with the state's authority to address emergency episodes,
contains provisions for public notification of elevated ozone and other
air pollutant levels. Appendix I to title 129 of the NAC includes
measures which can be taken by the public to reduce concentrations. In
addition, information regarding air pollution and related issues, is
provided on an NDEQ Web site, http://www.deq.state.ne.us/NDEQSite.nsf/AirDivSecProg?OpenView&Start=1&ExpandView&Count=500. NDEQ also prepares
an annual report on air quality in the state which is available to the
public on its Web site, at http://www.deq.state.ne.us/Publica.nsf/c4afc76e4e077e11862568770059b73f/a12a5ada6cce1c1686257a47004e0633!OpenDocument.
    (3) With respect to the applicable requirements of part C, relating
to prevention of significant deterioration of air quality and
visibility protection, we previously noted in the discussion of section
110(a)(2)(C) (relating to enforcement of control measures) how the
Nebraska SIP meets the PSD requirements, incorporating the Federal rule
by reference. Regarding the prevention of significant deterioration
requirements, EPA previously approved Nebraska's PM2.5 PSD
program as found at 79 FR 45108. On January 22, 2013, the U.S. Court of
Appeals for the District of Columbia vacated and remanded the
provisions at 40 CFR 51.166(k)(2) and 52.21(k)(2) concerning
implementation of the PM2.5 SILs and vacated the provisions
at 40 CFR 51.166(i)(5)(i)(c) and 52.21 (i)(5)(i)(c) (adding the
PM2.5 SMCs) that were promulgated as part of the October 20,
2010, rule, Prevention of Significant Deterioration (PSD) for
Particulate Matter less than 2.5 Micrometers (PM2.5)--
Increments, Significant Impact Levels and Significant Monitoring
Concentrations, 75 CFR 64864. Consistent with the court's ruling, on
June 27, 2013, Nebraska submitted a request to not include the SIP
provisions relating the Significant Impact Levels (SILs) and
Significant Monitoring Concentrations (SMCs).
    With respect to the visibility component of section 110(a)(2)(J),
Nebraska stated in its 1997 and 2006 PM2.5 infrastructure
SIP submittals that the ``Visibility Protection'' requirements of
chapter 43 of title 129 of the Nebraska Administrative Code met part C
visibility requirements of element J. The ``Visibility Protection''
requirements of chapter 43 were submitted by Nebraska for incorporation
into the Nebraska SIP on November 8, 2011, and will be addressed in a
separate rulemaking.
    EPA recognizes that states are subject to visibility and regional
haze program requirements under part C of the CAA. However, when EPA
establishes or revises a NAAQS, these visibility and regional haze
requirements under part C do not change. EPA believes that there are no
new visibility protection requirements under part C as a result of a
revised NAAQS. Therefore, there are no newly applicable visibility
protection obligations pursuant to element J after the promulgation of
a new or revised NAAQS. As such, EPA is proposing to find that
Nebraska's SIP meets the visibility requirements of element J with
respect to the 1997 and 2006 PM2.5 NAAQS as there are no new
applicable requirements triggered by the 1997 and 2006 PM2.5
NAAQS.
    Based upon review of the state's infrastructure SIP submission for
the 1997 and 2006 PM2.5 NAAQS, and relevant statutory and
regulatory

authorities and provisions referenced in the submission or referenced
in Nebraska's SIP, EPA believes that Nebraska has met the applicable
requirements of section 110(a)(2)(J) for the 1997 and 2006
PM2.5 NAAQS in the state and is therefore proposing to
approve the April 3, 2008, submission regarding the 1997
PM2.5 infrastructure SIP requirements and the August 29,
2011, submission regarding the 2006 PM2.5 infrastructure SIP
requirements for this element.
    (K) Air quality and modeling/data: Section 110(a)(2)(K) requires
that SIPs provide for performing air quality modeling, as prescribed by
EPA, to predict the effects on ambient air quality of any emissions of
any NAAQS pollutant, and for submission of such data to EPA upon
request.
    Nebraska has authority to conduct air quality modeling and report
the results of such modeling to EPA. Section 81-1504(5) provides NDEQ
with the authority to encourage, participate in, or conduct studies,
investigations, research and demonstrations relating to air pollution
and its causes and effects. As an example of regulatory authority to
perform modeling for purposes of determining NAAQS compliance, the
regulations at title 129, chapter 19, section 019 provide for the use
of EPA-approved air quality models (e.g., those found in 40 CFR part
51, appendix W) for PSD construction permitting. If the use of these
models is inappropriate, the model may be modified or an alternate
model may be used with the approval of NDEQ and EPA.
    The Nebraska regulations also give NDEQ the authority to require
that modeling data be submitted for analysis. Title 129, chapter 19,
section 021.02 states that upon request by NDEQ, the owner or operator
of a proposed source or modification must provide information on the
air quality impact of the source or modification, including all
meteorological and topographical data necessary to estimate such
impact.
    Based upon review of the state's infrastructure SIP submission for
the 1997 and 2006 PM2.5 NAAQS, and relevant statutory and
regulatory authorities and provisions referenced in the submission or
referenced in Nebraska's SIP, EPA believes that Nebraska has the
adequate infrastructure needed to address section 110(a)(2)(K) for the
1997 and 2006 PM2.5 NAAQS and is proposing to approve the
April 3, 2008, submission regarding the 1997 PM2.5
infrastructure SIP requirements and the August 29, 2011, submission
regarding the 2006 PM2.5 infrastructure SIP requirements for
this element.
    (L) Permitting Fees: Section 110(a)(2)(L) requires SIPs to require
each major stationary source to pay permitting fees to the permitting
authority, as a condition of any permit required under the CAA, to
cover the cost of reviewing and acting upon any application for such a
permit, and, if the permit is issued, the costs of implementing and
enforcing the terms of the permit. The fee requirement applies until a
fee program established by the state pursuant to title V of the CAA,
relating to operating permits, is approved by EPA.
    Section 81-1505 of the Nebraska Revised States provides authority
for NDEQ to collect permit fees, including title V fees. For example,
section 81-1505(12)(e) requires that the EQC establish fees sufficient
to pay the reasonable direct and indirect of developing and
administering the air quality permit program. Nebraska's title V
program, including the fee program addressing the requirements of the
Act and 40 CFR 70.9 relating to title V fees, was approved by EPA on
October 18, 1995 (60 FR 53872).
    Based upon review of the state's infrastructure SIP submission for
the 1997 and 2006 PM2.5 NAAQS, and relevant statutory and
regulatory authorities and provisions referenced in the submission or
referenced in Nebraska's SIP, EPA believes that Nebraska has the
adequate infrastructure needed to address section 110(a)(2)(L) for the
1997 and 2006 PM2.5 NAAQS and is proposing to approve the
April 3, 2008, submission regarding the 1997 PM2.5
infrastructure SIP requirements and the August 29, 2011, submission
regarding the 2006 PM2.5 infrastructure SIP requirements for
this element.
    (M) Consultation/participation by affected local entities: Section
110(a)(2)(M) requires SIPs to provide for consultation and
participation by local political subdivisions affected by the SIP.
    Section 81-1504(5) of the Nebraska Revised Statutes gives NDEQ the
authority to encourage local governments to handle air pollution
problems within their respective jurisdictions and at the same time
provide them with technical and consultative assistance. NDEQ is also
authorized to delegate the enforcement of air pollution control
regulations down to governmental subdivisions which have adopted air
pollution control programs. As discussed previously, NDEQ currently
relies on two local agencies for assistance in implementing portions of
the air pollution control program: Lincoln/Lancaster County Health
Department and Omaha Air Quality Control.
    In addition, as previously noted in the discussion about section
110(a)(2)(J), Nebraska's statutes and regulations require that NDEQ
consult with local political subdivisions for the purposes of carrying
out its air pollution control responsibilities.
    Based upon review of the state's infrastructure SIP submission for
the 1997 and 2006 PM2.5 NAAQS, and relevant statutory and
regulatory authorities and provisions referenced in the submission or
referenced in Nebraska's SIP, EPA believes that Nebraska has the
adequate infrastructure needed to address section 110(a)(2)(M) for the
1997 and 2006 PM2.5 NAAQS and is proposing to approve the
April 3, 2008, submission regarding the 1997 PM2.5
infrastructure SIP requirements and the August 29, 2011, submission
regarding the 2006 PM2.5 infrastructure SIP requirements for
this element.

V. What are the additional provisions of the November 14, 2011, SIP
submission that EPA is proposing to take action on?

    On November 14, 2011, Nebraska Department of Environmental Quality
submitted a request for the approval of revisions to chapter 4 of title
129. The revision to chapter 4, section 001.01, repeals the annual
National Ambient Air Quality Standard (NAAQS) for PM10,
which was revoked by EPA effective December 18, 2006 and at section
001.02 of chapter 4, adopt the new 24 hour NAAQS for PM2.5
which was issued by EPA also effective December 18, 2006. See 71 FR
61144. The proposed revisions to title 129, chapter 4, are consistent
with Federal standards and therefore EPA is proposing to approve NDEQ's
request in regards to the repeal of the annual NAAQS for
PM10 and adoption of the 24 hour NAAQS of PM2.5.

VI. What action is EPA taking?

    EPA is proposing to approve the April 3, 2008, and August 29, 2011,
infrastructure SIP submissions from Nebraska which address the
requirements of CAA sections 110 (a)(1) and (2) as applicable to the
1997 and 2006 PM2.5 NAAQS. Specifically, EPA is proposing to
approve 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). As discussed in each applicable section of
this rulemaking, EPA is not proposing to take action on section
110(a)(2)(D)(i)(I)--prongs 1 and 2, and 110(a)(2)(I)--Nonattainment
Area

Plan, or Plan Revisions under part D. And finally, EPA is proposing to
disapprove 110(a)(2)(D)(i)(II)--prong 4, as it relates to the
protection of visibility.
    Based upon review of the state's infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in those 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 1997 and 2006 PM2.5 NAAQS are implemented in
the state.
    In addition, EPA is proposing to approve an additional SIP
submission from Nebraska which repeals the annual PM10 NAAQS
and adopts the 24 hour PM2.5 NAAQS.
    We are hereby soliciting comments on this proposed action. Final
rulemaking will occur after consideration of any comments.

VII. Statutory and Executive Order Review

    In this action, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the EPA approved Nebraska regulations for Ambient Air Quality
Standards, and the EPA approved Nebraska nonregulatory provisions
described in the proposed amendments to 40 CFR part 52 set forth below.
EPA has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and/or in hard
copy at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).
    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993) and is therefore not subject to
review under Executive Orders 12866 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).

VIII. Statutory Authority

    The statutory authority for this action is provided by section 110
of the CAA, as amended (42 U.S.C. 7410).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: May 15, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 52 as set forth below:

    Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart CC--Nebraska

0
2. Amend Sec.  52.1420 by:
0
a. Under paragraph (c), in the table entitled ``EPA-Approved Nebraska
Regulations'', revising the entry for ``129-4''; and
0
b. Under paragraph (e), in the table entitled ``EPA-Approved Nebraska
Nonregulatory Provisions'', adding an entry for ``(28)'' in numerical
order.
    The revisions and additions read as follows:

Sec.  52.1420  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
                                                     State effective
       Nebraska  citation              Title               date        EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
                                                STATE OF NEBRASKA
                                       Department of Environmental Quality
                                   Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
129-4..........................  Ambient Air        8/18/08..........  5/28/15, [Insert   This revision to
                                  Quality                               Federal Register   Chapter 4 repeals the
                                  Standards.                            citation].         annual National
                                                                                Ambient Air Quality
                                                                                Standard (NAAQS) for
                                                                                PM10 and adopts the
                                                                                Federal 24-hour NAAQS
                                                                                for PM2.5. The
                                                                                standard was reduced
                                                                                from 65 to 35
                                                                                micrograms per cubic
                                                                                meter by EPA on
                                                                                December 18, 2006.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                                 EPA-Approved Nebraska Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP      geographic area    State submittal
           provision              or nonattainment         date        EPA approval date        Explanation
                                        area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(28) Section 110(a)(2)           Statewide........  4/3/2008, 8/29/    5/28/2015,         This action addresses
 Infrastructure Requirements                         2011.              [Insert Federal    the following CAA
 for the 1997 and 2006 PM2.5                                            Register           elements:
 NAAQS.                                                                 citation].         110(a)(2)(A), (B),
                                                                                (C), (D)(i)(II),
                                                                                (D)(ii), (E), (F),
                                                                                (G), (H), (J), (K),
                                                                                (L), and (M).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-12811 Filed 5-27-15; 8:45 am]
BILLING CODE 6560-50-P