[Federal Register: September 8, 2010 (Volume 75, Number 173)]
[Notices]
[Page 54601-54602]
[DOCID:fr08se10-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13716-000]

Lower South Fork LLC; Notice of Application Accepted for Filing
and Soliciting Comments, Motions To Intervene, Protests,
Recommendations, and Terms and Conditions

August 31, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Conduit Exemption.
    b. Project No.: 13716-000.
    c. Date filed: April 19, 2010 and supplemented July 28, 2010.
    d. Applicant: Lower South Fork LLC.
    e. Name of Project: Lower South Fork Irrigation Project.
    f. Location: The project is located in Carbon County, Montana.
There are no political subdivisions of more than 5,000 people within 15
miles of the project area.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Roger Kirk, Benjamin J Singer, 521 E
Peach Suite 2B, Bozeman, MT 59715,<PHONE_NUMBER>.
    i. FERC Contact: Anthony DeLuca,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Status of Environmental Analysis: This application is ready for
environmental analysis at this time, and the Commission is requesting
comments, reply comments, recommendations, terms and conditions, and
prescriptions.
    k. Deadline for filing responsive documents: Due to the small size
and location of the proposed project in a closed system, as well as the
resource agency consultation letters filed with the application, the
60-day timeframe specified in 18 CFR 4.43(b) for filing all comments,
motions to intervene, protests, recommendations, terms and conditions,
and prescriptions is shortened to October 1, 2010.
    All reply comments filed in response to comments submitted by any
resource agency, Indian tribe, or person, must be filed with the
Commission within 45 days from the issuance date of this notice.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's web site at http://www.ferc.gov/
docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. The
Commission strongly encourages electronic filings.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    l. Description of Project: The Lower South Fork LLC requests
Commission approval for exemption for a small conduit hydroelectric
facility. This proposal consists of adding a Pelton style 470 kilowatt
hydraulic turbine/generator into an existing 32 inch PVC pipeline used
to carry water from one ditch to another within an irrigation system.
The primary purpose of the conduit is agricultural use. The hydraulic
capacity of the generator will be 27.5 cubic feet per second and the
generator will have an estimated average annual generation of 1,800,000
kWh.
    m. This filing is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street,
NE., Washington, DC 20426. The filing may also be viewed on the Web at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number, P-13716, in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is
also available for review and reproduction at the address in item h
above.
    n. Development Application--Any qualified applicant desiring to
file a competing application must submit to the Commission, on or
before the specified deadline date for the particular application, a
competing development application, or a notice of intent to file such
an application. Submission of a timely notice of intent allows an
interested person to file the competing development application no
later than 120 days after the specified deadline date for the
particular application. Applications for preliminary permits will not
be accepted in response to this notice.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit a competing development application. A notice of intent must be
served on the applicant(s) named in this public notice.
    p. Protests or Motions to Intervene--Anyone may submit a protest or
a motion to intervene in accordance with the requirements of Rules of
Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In
determining the appropriate action to take, the Commission will
consider all protests

filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
protests or motions to intervene must be received on or before the
specified deadline date for the particular application.
    q. All filings must (1) Bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION'', ``COMPETING APPLICATION'', ``COMMENTS'',
``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or
``PRESCRIPTIONS;'' (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments,
recommendations, terms and conditions or prescriptions must set forth
their evidentiary basis and otherwise comply with the requirements of
18 CFR 4.34(b). Agencies may obtain copies of the application directly
from the applicant. Any of these documents must be filed by providing
the original plus seven copies to: The Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An
additional copy must be sent to Director, Division of Hydropower
Administration and Compliance, Office of Energy Projects, Federal
Energy Regulatory Commission, at the above address. A copy of any
protest or motion to intervene must be served upon each representative
of the applicant specified in the particular application. A copy of all
other filings in reference to this application must be accompanied by
proof of service on all persons listed in the service list prepared by
the Commission in this proceeding, in accordance with 18 CFR 4.34(b)
and 385.2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-22273 Filed 9-7-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Rules and Regulations]
[Pages 14179-14183]
[FR Doc No: 2018-06654]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0477; FRL-9976-09--Region 7]

Approval of Nebraska Air Quality Implementation Plans;
Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide and
Sulfur Dioxide and the 2012 Fine Particulate Matter National Ambient
Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve certain elements of State Implementation Plan (SIP)
submissions from the State of Nebraska for the 2010 Nitrogen Dioxide
(NO2) and Sulfur Dioxide (SO2) National Ambient
Air Quality Standards (NAAQS) and the 2012 Fine Particulate Matter
(PM2.5) NAAQS. States are required to have a SIP that
provides for the implementation, maintenance, and enforcement of the
NAAQS. Whenever EPA promulgates a new or revised NAAQS, states are
required to make a SIP submission to establish that they have, or to
add, the provisions necessary to address various requirements to
address the new or revised NAAQS. 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 Clean Air Act (CAA).

DATES: This final rule is effective on May 3, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2017-0477. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Mr. Gregory Crable, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. EPA's Response to Comments
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. Background

    EPA received Nebraska's infrastructure SIP submissions addressing
the 2010 NO2 NAAQS, the 2010 SO2
NAAQS, and the 2012 PM2.5 NAAQS.\1\ On September 20, 2017,
EPA proposed to approve certain elements of these infrastructure SIP
submissions from the State of Nebraska. See 82 FR 43926. In conjunction
with the September 20, 2017, notice of proposed rulemaking (NPR), EPA
issued a direct final rule (DFR) approving the same elements of the
2010 NO2, 2010 SO2, and 2012 PM2.5
NAAQS infrastructure SIP submissions. See 82 FR 43848. However, in the
DFR, EPA stated that if EPA received adverse comments by October 20,
2017, the action would be withdrawn and not take effect. EPA received
one set of adverse comments prior to the close of the comment period.
EPA withdrew the DFR on November 17, 2017. See 82 FR 54299. This action
is a final rule based on the NPR. A detailed discussion of Nebraska's
SIP submissions and EPA's rationale for approving the SIP submissions
were provided in the DFR and the associated Technical Support Document
(TSD) in the docket for this rulemaking and will not be restated here,
except to the extent relevant to our response to the adverse public
comment we received.
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    \1\ The EPA received the 2010 NO2 infrastructure
submission on February 7, 2013, the 2010 SO2
infrastructure submission on August 22, 2013, and the 2012
PM2.5 infrastructure submission on February 22, 2016.
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II. What is being addressed in this document?

    EPA is taking final action to approve the infrastructure
submissions as meeting the applicable submission requirements section
110(a)(1). EPA is approving certain elements of the 2010 NO2
and SO2 infrastructure SIP submissions from the State of
Nebraska received on February 7, 2013, and August 22, 2013,
respectively. EPA is also taking action to approve certain elements of
the 2012 PM2.5 infrastructure submission received on
February 22, 2016. Specifically, in regard to the 2010 NO2
NAAQS, EPA is approving, the following SIP submission elements related
to CAA section 110(a)(2): (A) through (C), (D)(i)(I)--Prongs 1 and 2,
(D)(i)(II)--prong 3, (D)(ii), (E) through (H), and (J) through (M).
    Regarding the 2010 SO2 and 2012 PM2.5 NAAQS,
EPA is approving the State's SIP submission addressing the following
infrastructure elements of section 110(a)(2): (A) through (C), (D) (i)
(II)--Prong 3, (D) (ii), (E) through (H), and (J) through (M). As
discussed in the TSD, EPA is not acting, at this time, on section
110(a)(2)(D)(i)(I)-- prongs 1 and 2, as it relates to the 2010
SO2 NAAQS as those elements were not part of the state SIP
submission. Section 110(a)(2)(D)(i)(I)--prongs 1 and 2, as it relates
to the 2012 PM2.5 NAAQS, were included in the state SIP
submission. The EPA intends to act on section 110(a)(2)(D)(i)(I)--
prongs 1 and 2, as it relates to the 2012 PM2.5 NAAQS in a
subsequent rulemaking action.
    Regarding the 2010 NO2 and SO2 and the 2012
PM2.5 infrastructure submissions and as explained in the
TSD, EPA is not acting, at this time, on section 110(a)(2)(D)(i)(II)--
prong 4.
    As noted, a TSD is included as part of the docket to discuss the
details of this action.

III. Have the requirements for approval of a SIP revision been met?

    The state has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. A public comment period
was held for the NO2 infrastructure SIP from December 27,
2012, to January 28, 2013. The only comments were from the EPA, and the
infrastructure SIP submission was revised to address the comments. A
public hearing was held on January 28, 2013.
    The state held a public comment period for the SO2
infrastructure SIP from April 25, 2013, to May 28, 2013. NDEQ received
comments from the Sierra Club on May 28, 2013. The state addressed the
Sierra Club's comments with no revisions to its proposed SIP. A public
hearing was held on May 27, 2013.
    A public comment period was held for the PM2.5
infrastructure SIP from

November 23, 2015, to December 29, 2015. A public hearing was held on
December 29, 2015. No comments were received.
    All three submissions satisfied the completeness criteria of 40 CFR
part 51, appendix V. As explained in more detail in the TSD, which is
part of this docket, the revisions meet the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.

IV. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened September
20, 2017 the date of its publication in the Federal Register and closed
on October 20, 2017. During this period, EPA received one comment
letter. No changes were made to the proposals in this final action
after consideration of the adverse comments received.
    Comment 1: The commenter stated that with regard to 2010
NO2 NAAQS, EPA has not shown that Nebraska is not
significantly contributing to downwind problems due to interstate
transport of NOX. The commenter specifically asserted that
EPA should have addressed NOX emissions in Nebraska rather
than only evaluated national level data, and that the lack of a
requirement for near road monitors for phase 3 is not adequate to show
no downwind issues. The commenter further contended that EPA must
analyze all source categories including point sources and conduct
modeling to show large point sources are not causing downwind
contribution.
    Response 1: The EPA disagrees with the commenter's assertions. As
an initial matter, the question of whether emissions from Nebraska
significantly contribute to nonattainment or interfere with maintenance
of the NAAQS in violation of section 110(a)(2)(D)(i)(I) depends on
whether there are areas in downwind states having or expected to have
trouble attaining or maintaining the NAAQS. In the EPA's TSD, the EPA
analyzed a variety of data and determined that there were no downwind
areas in other states with air quality concerns with respect to the
2010 NO2 NAAQS. EPA cited several pieces of data to support
this conclusion. EPA first explained that at the time of designations
for NO2 in January of 2012, no areas of the country were
violating the 2010 NO2 NAAQS. EPA further reviewed
monitoring and emissions trends since the designations and identified
no areas that are having problems attaining or maintaining the NAAQS.
In fact, the highest NO2 near-road monitoring design value
recorded in Colorado based on the most current available information at
the time of publication of the proposed rule (e.g. 2013 to 2015 data)
is 72 parts per billion (ppb). Based on the most current available,
certified and quality assured information (e.g. 2014 to 2016 data), the
highest NO2 near-road monitoring design value recorded in
Colorado is 74 ppb. Both of these design values are well below the 2010
NO2 NAAQS of 100 ppb. Thus, in the absence of any downwind
air quality concerns, Nebraska cannot be found to contribute, let alone
significantly contribute to downwind nonattainment or interfere with
maintenance of the NAAQS. The commenter does not identify any flaws
with EPA's assessment of the data.
    Thus, the commenter is incorrect to state that EPA only relied on
the lack of near-road monitors in Nebraska in concluding that the state
is in compliance with the requirements of section 110(a)(2)(D)(i)(I).
Moreover, because neither EPA nor the commenter have identified any
downwind air quality problems to which Nebraska could contribute, the
EPA does not agree that it was necessary to evaluate the impact of
individual point sources in Nebraska, via modeling or any other
analyses, on air quality in other states.
    Finally, the commenter is incorrect in asserting that EPA failed to
evaluate NOX emissions in Nebraska. In the TSD, EPA reviewed
NOX emission trends in the state, which demonstrated that
NOX emissions in Nebraska have followed a downward trend for
2011 to 2016.
    EPA has demonstrated that Nebraska is not significantly
contributing to downwind nonattainment or interfering with maintenance
of the 2010 NO2 NAAQS. Therefore, the EPA disagrees with the
commenter's assertions and will approve elements of
110(a)(2)(D)(i)(I)--Prongs 1 and 2 for Nebraska's NO2
infrastructure SIP submission.
    Comment 2: The commenter stated that with respect to the
PM2.5 NAAQS, EPA does not have the discretion to ``act at a
later date.'' In addition, the commenter states that EPA is mandated by
statute to act within 18 months of the state's submission, and that
since the state's submission was received in February 2016, EPA has
failed to act in a timely manner and does not have the luxury of acting
at a later date. If EPA cannot approve the state's plan, the EPA must
disapprove.
    Response 2: EPA acknowledges the commenter's concern for the
interstate transport of air pollutants. However, EPA disagrees with the
commenter's argument that EPA cannot approve certain elements of an
infrastructure SIP submission without also taking action on the
elements related to interstate transport.
    EPA agrees with the commenter that it has an obligation to take
action under section 110(k) on SIP submissions. However, EPA disagrees
with the commenter's argument that the Agency cannot elect to act on
individual parts or elements of a state's infrastructure SIP submission
in separate rulemaking actions, as it deems appropriate. Section
110(k)of the CAA authorizes EPA to approve a SIP submission in full,
disapprove it in full, or approve it in part and disapprove it in part,
or conditionally approve it in full or in part, depending on the extent
to which such plan meets the requirements of the CAA. This authority to
approve state SIP submissions in separable parts was included in the
1990 Amendments to the CAA to overrule a decision in the Court of
Appeals for the Ninth Circuit holding that EPA could not approve
individual measures in a SIP submission without either approving or
disapproving the plan as a whole. See S. Rep. No. 101-228, at 22, 1990
U.S.C.C.A.N. 3385, 3408 (discussing the express overruling of
Abramowitz v. EPA, 832 F.2d 1071 (9th Cir. 1987)).
    EPA interprets its authority under section 110(k) of the CAA as
affording the Agency the discretion to approve, disapprove, or
conditionally approve, individual elements of Nebraska's infrastructure
SIP submission for the 2012 PM2.5 NAAQS. EPA views discrete
infrastructure SIP requirements, such as the requirements of section
110(a)(2)(D)(i)(I), as severable from other infrastructure SIP elements
and interprets section 110(k) as allowing it to act on individual
severable elements or requirements in a SIP submission. In short, EPA
believes it has the discretion under section 110(k) of the CAA to act
upon the various individual elements of the State's infrastructure SIP
submission, separately or together, as appropriate. EPA will address
the remaining elements of Nebraska's 2012 PM2.5 NAAQS,
infrastructure SIP submission in a separate rulemaking action or
actions.
    Comment 3: The commenter stated that with respect to the
SO2 NAAQS, since the state has not submitted a plan with
regards to interstate transport, EPA must make a finding of failure to
submit. The commenter further stated that acting is on a SIP is not
discretionary and that EPA had yet to act.
    Response 3: Please refer to Response 2. Additionally, in EPA's
rulemaking proposing to approve Nebraska's infrastructure SIP for the
2010 1-hour SO2 NAAQS, EPA stated that it was not

taking any action with respect to the good neighbor provisions in
section 110(a)(2)(D)(i)(I) for this NAAQS. EPA understands the
commenter's concern with respect to interstate transport. EPA will
evaluate whether it is appropriate to make a finding of failure to
submit in a separate action.
    Comment 4: The commenter stated that for all three NAAQS, EPA does
not have the discretion to not act on prong 4 and must act within 18
months of the state's submission. The commenter stated that EPA ``does
not have the luxury'' of acting on a submission at a later date. If EPA
cannot approve due to the state not having an approved Regional Haze
SIP then EPA is required to disapprove.
    Response 4: Please refer to Response 2. EPA is not required to act
on the prong 4 elements of Nebraska's 2010 NO2, 2010
SO2, and 2012 PM2.5 infrastructure SIP
submissions in this particular rulemaking. Like the elements of section
110(a)(2)(D)(i)(I), prong 4 is severable from other infrastructure SIP
elements and EPA interprets section 110(k) as allowing it to act on
individual severable elements or requirements in a SIP submission.
    With respect to the comment on prong 4, although EPA's evaluation
of a state's SIP submission can be related to the status of that
state's regional haze program,\2\ Nebraska's regional haze program \3\
is not relevant here because EPA is not taking action on that element
of Nebraska's 2010 NO2, 2010 SO2, and 2012
PM2.5 infrastructure SIP submissions in this rulemaking.
---------------------------------------------------------------------------

    \2\ EPA's 2013 Guidance of Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2) provides that ``[o]ne way in which prong 4 may be
satisfied for any relevant NAAQS is through an air agency's
confirmation in its infrastructure SIP submission that it has an
approved regional haze SIP . . . .'' 2013 Guidance at 33, https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
    \3\ Federal Implementation Plan for Best Available Retrofit
Technology Determination, 77 FR 40150 (July 6, 2012).
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    Comment 5: Initially in comments 2 through 4, the commenter
indicated that this was the commenter's official notice of intent to
EPA for failure to perform its nondiscretionary duty to act on the
state's submission with respect to element D(i)(II)--prong 4 for the
2010 NO2, 2010 SO2, and 2012 PM2.5
NAAQS, failure to perform its nondiscretionary duty to make a finding
of failure to submit with respect to the interstate transport portions
of SO2 NAAQS, and for failing to perform its
nondiscretionary duty to act on the state's submission with regards to
interstate transport of PM2.5.
    Response 5: A public comment submitted on a proposal does not
constitute notice of intent to sue the Administrator for failure to
perform a nondiscretionary duty. Clean Air Act section 304(b)(2)
requires a 60-day notice of a civil action against the Administrator
for an alleged failure to perform a non-discretionary duty to the
Administrator. EPA's regulations require that service of notice to the
Administrator ``shall be accomplished by certified mail addressed to
the Administrator, Environmental Protection Agency, Washington, DC
20460.'' 40 CFR 54.2(a). The commenter's public comment submitted via
regulations.gov does not satisfy the regulatory requirements for
notices of intent to file suit against the Administrator for failure to
perform a non-discretionary duty.

V. What action is EPA taking?

    EPA is approving elements the infrastructure SIP submissions from
Nebraska, which address the requirements of CAA sections 110(a)(1) and
(2) as applicable to the 2010 NO2 and SO2 and
2012 PM2.5 NAAQS. As stated in the above preamble, EPA is
approving certain elements of the state's submission as meeting the
submission requirements of section 110(a)(1) for all three submissions.
    Regarding the 2010 NO2 NAAQS, EPA is approving the
following infrastructure elements of 110(a)(2): (A) through (C),
(D)(i)(I)--Prongs 1 and 2, (D)(i)(II)--prong 3, (D)(ii), (E) through
(H), and (J) through (M). As explained in the TSD, EPA intends to act
on section 110(a)(2)(D)(i)(II)--prong 4, in a subsequent rulemaking.
    EPA is approving the following infrastructure elements of 110(a)(2)
as it relates to the 2010 SO2 and the 2012 PM2.5
NAAQS: (A) through (C), (D) (i) (II)--Prong 3, (D) (ii), (E) through
(H), and (J) through (M). As discussed in the TSD, EPA intends to act
on section 110(a)(2)(D)(i)(II)--prong 4, in a subsequent rulemaking and
is not acting at this time on section 110(a)(2)(D)(i)(I)--prongs 1 and
2, for both the 2010 SO2 and 2012 PM2.5 NAAQS.
    Based upon review of the state's infrastructure SIP submissions for
the 2010 NO2 and SO2 NAAQS as well as the 2012
PM2.5 NAAQS, and relevant statutory and regulatory
authorities and provisions referenced in the submissions or referenced
in Nebraska's SIP, EPA believes that Nebraska has the infrastructure to
address all applicable required elements of sections 110(a)(1) and (2)
(except otherwise noted) to ensure that the 2010 NO2 and
SO2 NAAQS and the 2012 PM2.5 NAAQS are
implemented in the state.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     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 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 4, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 15, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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(e) by adding entries ``(32)'', ``(33)'' and
``(34)'' in numerical order to read as follows:

Sec.  52.1420   Identification of Plan.

* * * * *
    (e) * * *

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

                                                                      * * * * * * *
(32) Section 110(a)(2) Infrastructure  Statewide...............          2/7/13  4/3/2018, [Insert Federal Register         This action addresses the
 Requirements for the 2010 NO2 NAAQS.                                             citation].                                 following CAA elements
                                                                                110(a)(2)(A) through (C),
                                                                                (D)(i)(I)--Prongs 1 and 2,
                                                                                (D)(i)(II)--Prong 3,
                                                                                (D)(ii), (E) through (H),
                                                                                and (J) through (M). [EPA-
                                                                                R07-OAR-2017-0477; FRL-9976-
                                                                                09-Region 7].
(33) Section 110(a)(2) Infrastructure  Statewide...............         8/22/13  4/3/2018, [Insert Federal Register         This action addresses the
 Requirements for the 2010 SO2 NAAQS.                                             citation].                                 following CAA elements
                                                                                110(a)(2)(A) through (C),
                                                                                (D)(i)(II)--Prong 3,
                                                                                (D)(ii), (E) through (H),
                                                                                and (J) through (M). [EPA-
                                                                                R07-OAR-2017-0477; FRL-9976-
                                                                                09-Region 7].
(34) Section 110(a)(2) Infrastructure  Statewide...............         2/22/16  4/3/2018 and [Insert Federal Register      This action addresses the
 Requirements for the 2010 PM2.5                                                  citation].                                 following CAA elements
 NAAQS.                                                                                110(a)(2)(A) through (C),
                                                                                (D)(i)(II)--Prong 3,
                                                                                (D)(ii), (E) through (H),
                                                                                and (J) through (M). [EPA-
                                                                                R07-OAR-2017-0477; FRL-9976-
                                                                                09-Region 7].
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[FR Doc. 2018-06654 Filed 4-2-18; 8:45 am]
 BILLING CODE 6560-50-P