[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62832-62844]
[FR Doc No: 2014-24899]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0685; FRL-9918-13-Region 7]

Approval and Promulgation of Implementation Plans; State of
Nebraska; Infrastructure SIP Requirements for the 2008 Lead National
Ambient Air Quality Standards

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve two State Implementation Plan (SIP) submissions
from the State of Nebraska. EPA is approving elements of a SIP
submission from the State of Nebraska that addresses the applicable
requirements of the Clean Air Act (CAA) section 110 for the 2008
National Ambient Air Quality Standards (NAAQS) for Lead (Pb). Section
110(a) of the CAA requires that each state adopt and submit a SIP to
support implementation, maintenance, and enforcement of each new or
revised NAAQS promulgated by EPA. These SIPs are commonly referred to
as ``infrastructure'' SIPs. The infrastructure requirements are
designed to ensure that the structural components of each state's air
quality management program are adequate to meet the state's
responsibilities under the CAA.
    EPA is also approving an additional SIP submission from the State
of Nebraska that addresses section 128 of the CAA and supports
requirements associated with infrastructure SIPs.

DATES: This direct final rule will be effective December 22, 2014,
without further notice, unless EPA receives adverse comment by November
20, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2014-0685, 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-
2014-0685. 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 2008 Pb 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 action is EPA taking?
VI. Statutory and Executive Order Review

I. What is being addressed in this document?

    EPA is taking direct final action to approve two Nebraska State
Implementation Plan (SIP) submissions. First, EPA is approving an
October 18, 2011, SIP submission from Nebraska that addresses the
infrastructure requirements of CAA sections 110(a)(1) and (a)(2) for
the 2008 Pb NAAQS. 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
(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.
    EPA also is approving a March 11, 2014 request to include conflict
of interest provisions into the Nebraska SIP. This submission addresses
the conflict of interest provisions in section 128 of the CAA as it
relates to element E of the infrastructure SIP.\1\
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    \1\ On August 22, 2013, Nebraska submitted provisions that
address conflict of interest requirements in section 128 of the CAA
as part of its infrastructure SIP submission for the 2010 Sulfur
Dioxide (SO2) NAAQS. On March 11, 2014, Nebraska
clarified its intent to include provisions that address section 128
of the CAA for approval into Nebraska's SIP. EPA believes these
conflict of interest provisions are applicable to all NAAQS.
Therefore, as part of today's rulemaking for the 2008 Pb NAAQS, we
are approving these provisions into the Nebraska SIP. See Section IV
for further discussion.
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II. What are the applicable elements under sections 110(a)(1) and (2)
related to the 2008 Pb NAAQS?

    On October 15, 2008, EPA revised the primary and secondary Pb NAAQS
(hereafter the 2008 Pb NAAQS). The level of the primary (health-based)
standard was revised to 0.15 micrograms per cubic meter ([micro]g/
m\3\), measured as total suspended particles (TSP) and not to be
exceeded with an averaging time of a rolling 3-month period. EPA also
revised the secondary (welfare-based) standard to be identical to the
primary standard (73 FR 66964).\2\
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    \2\ Although the effective date of the Federal Register notice
for the final rule was January 12, 2009, the rule was signed by the
Administrator and publicly disseminated on October 15, 2008.
Therefore, the deadline for submittal of infrastructure SIPs for the
2008 Pb NAAQS was October 15, 2011.
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    For the 2008 Pb NAAQS, states typically have met many of the basic
program elements required in section 110(a)(2) through earlier SIP
submissions in connection with previous NAAQS. Nevertheless, pursuant
to section 110(a)(1), states have to review and revise, as appropriate,
their existing SIPs to ensure that they are adequate to address the
2008 Pb NAAQS. To assist states in meeting this statutory requirement,
EPA issued guidance on October 14, 2011, addressing the infrastructure
SIP elements required under sections 110(a)(1) and (2) for the 2008 Pb
NAAQS.\3\ 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.
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    \3\ Stephen D. Page, Director, Air Quality Policy Division,
Office of Air Quality Planning and Standards, ``Guidance on
Infrastructure State Implementation Plan (SIP) Elements Required
Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb)
National Ambient Air Quality Standards (NAAQS),'' Memorandum to EPA
Regional Air Division Directors, Regions I-X, October 14, 2011 (2011
Lead Infrastructure SIP Guidance).
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III. What is EPA's approach to the review of infrastructure SIP
submissions?

    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.\4\ 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.
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    \4\ 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.
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    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.\5\
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.\6\ 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.
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    \5\ 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)).
    \6\ 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.
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    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.\7\ 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.\8\
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    \7\ 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).
    \8\ 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.
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    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 states' 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.\9\
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    \9\ 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.
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    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.\10\ EPA most recently issued guidance for

infrastructure SIPs on September 13, 2013 (2013 Guidance).\11\ 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 2008 Pb
NAAQS, we have also considered this more recent 2013 guidance where
applicable (although not specifically issued for the 2008 Pb NAAQS) and
have found no conflicts between the issued guidance and review of
Nebraska's SIP submission. 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.\12\ 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.
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    \10\ 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.
    \11\ ``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.
    \12\ 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.
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    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.\13\ 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.
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    \13\ 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.
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    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) [as appropriate], EPA
interprets the Clean Air Act 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) [as appropriate: '' with
the exception of the deficiencies described elsewhere in this
notice''].
    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 SIP is sufficient to
satisfy Element[s] C, D(i)(II), and J [as appropriate] 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 the approved
Nebraska 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
Element[s] C, D(i)(II), and J [as appropriate]. 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 Element[s] 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.\14\ Section
110(k)(6) authorizes EPA to correct errors in past actions, such as
past approvals of SIP submissions.\15\ 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.\16\
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    \14\ 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).
    \15\ 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).
    \16\ 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).
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IV. What is EPA's evaluation of how the state addressed the relevant
elements of sections 110(a)(1) and (2)?

    On October 18, 2011, EPA Region 7 received Nebraska's
infrastructure SIP submission for the 2008 Pb standard. This SIP
submission became complete

as a matter of law on April 18, 2012. EPA has reviewed Nebraska's
infrastructure SIP submission and the relevant statutory and regulatory
authorities and provisions referenced in that submission or referenced
in Nebraska's SIP. During this review, Nebraska submitted a March 11,
2014, request (available in the docket for today's action) that
clarified its intent to formally include conflict of interest
provisions in section 128 of the CAA as it relates to element E of the
infrastructure SIP. Below is EPA's evaluation of how the state
addressed the relevant elements of section 110(a)(2) for the 2008 Pb
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.\17\
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    \17\ 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 2008 Pb 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.
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    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 2008 Pb NAAQS specified in 40 CFR Part 50.16(a) was proposed
and adopted into Nebraska title 129 chapter 4, section 006 of the
Nebraska Administrative Code, by the EQC on June 20, 2013, with an
effective date of December 9, 2013. Therefore, Pb is an air contaminant
which may be regulated under Nebraska law.
    Based upon review of the state's infrastructure SIP submission for
the 2008 Pb 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 2008 Pb NAAQS and is
approving this element of the October 18, 2011, SIP submission.
    (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 4.5(b), Nebraska operates a lead monitor at its NCore
monitoring site in Omaha. Based on the requirements of the 2008 Pb
NAAQS (73 FR 66964, November 12, 2008) and the ``Revisions to Lead
Ambient Monitoring Requirements,'' (75 FR 81126, December 27, 2010),
Nebraska operates two source-oriented Pb monitors at sources that
reported Pb emissions of more than 0.5 tons per year (tpy); one in
Fremont and a second in Auburn, Nebraska.
    NDEQ submits annual monitoring network plans to EPA for approval,
including plans for its Pb 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 2013 Ambient Air Monitoring
Network Plan. This Plan includes, among other things, the locations for
the Pb monitoring network. On December 23, 2013, EPA approved
Nebraska's 2013 ambient air network monitoring plan. NDEQ also conducts
five-year monitoring network assessments, including the Pb monitoring
network, as required by 40 CFR 58.10(d). Title 129, chapter 4, section
006 of the NAC requires that attainment with the Pb standard be
determined in accordance with the applicable Federal regulations in 40
CFR part 50, appendix R. 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 2008 Pb 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 2008 Pb NAAQS and is approving this
element of the October 18, 2011 submission.
    (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).\18\
---------------------------------------------------------------------------

    \18\ 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 approving Nebraska's infrastructure SIP for
the 2008 Pb standard 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-
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 2008
Pb NAAQS, but for all other regulated NSR pollutants as well. As stated
in the October 14, 2011, Pb Infrastructure SIP guidance, EPA has not
proposed to amend the PSD regulations with regard to the Pb NAAQS
because it believes that, generally, there is sufficient guidance and
regulations already in place to fully implement the revised Pb NAAQS.
    Nebraska's implementing rule, title 129, chapter 19, 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 Pb.
    Based upon review of the state's infrastructure SIP submission for
the 2008 Pb NAAQS, and relevant statutory and regulatory authorities
and provisions referenced in the submission or referenced in Nebraska's
SIP, with respect to the requirements of section 110(a)(2)(C) for the
2008 Pb NAAQS, EPA is approving this element of the October 18, 2011,
submission.
    (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 prongs 1 and 2, the physical properties of Pb
prevent Pb emissions from experiencing a significant degree of travel
in the ambient air. No complex chemistry is needed to form Pb or Pb
compounds in the ambient air; therefore, concentrations of Pb are
typically highest near Pb sources. More specifically, there is a sharp
decrease in Pb concentrations as the distance from the source
increases. According to EPA's report entitled Our Nation's Air: Status
and Trends Through 2010, Pb concentrations that are not near a source
of Pb are approximately 8 times less than the typical concentrations
near the source (http://www.epa.gov/airtrends/2011/report/fullreport.pdf). EPA believes that the requirements of prongs 1 and 2
can be satisfied through a state's assessment as to whether a lead
source located within its state in close proximity to a state border
has emissions that contribute significantly to the nonattainment in or
interfere with

maintenance of the NAAQS in the neighboring state. Nebraska has no
designated nonattainment areas for the 2008 Pb NAAQS, nor does it have
any sources of Pb emissions over 0.5 tons per year that might have a
potential impact on any other state. Monitoring indicates that there
are no NAAQS violations. Further, since the facilities in Nebraska are
not close in proximity to the state border transport is not a
significant concern.
    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 2008 Pb 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).
    With regard to the applicable requirements for visibility
protection of section 110(a)(2)(D)(i)(II)--prong 4, significant impacts
from Pb emissions from stationary sources are expected to be limited to
short distances from the source and most, if not all, Pb stationary
sources are located at distances from Class I areas such that
visibility impacts would be negligible. Although Pb can be a component
of coarse and fine particles, Pb generally comprises a small fraction
of coarse and fine particles. Furthermore, when evaluating the extent
that Pb could impact visibility, Pb-related visibility impacts were
found to be insignificant (e.g., less than 0.10%).\19\
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    \19\ Analysis by Mark Schmidt, OAQPS, ``Ambient Pb's
Contribution to Class I Area Visibility Impairment,'' June 17, 2011.
---------------------------------------------------------------------------

    Section 110 (a)(2)(D)(ii) also requires that the SIP ensure
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. Section 126(a) of the Act 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 2008 Pb 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 2008 Pb 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 2008 Pb 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 sections 110(a)(2)(D)(i)--Prongs 1 through 4 and
110(a)(2)(D)(ii) for the 2008 Pb NAAQS and is approving this element of
the October 18, 2011, submission.
    (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 2008 Pb 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 128.
    Section 110(a)(2)(E)(ii) requires that each state SIP meet the
requirements of section 128 relating to potential conflicts of interest
of certain boards, bodies, and personnel involved in approving permits
or enforcement orders. 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.
    In 1978, EPA issued a guidance memorandum recommending ways that
states could meet the requirements of section 128, including suggested
interpretations of certain terms in section 128.\20\ EPA has not issued
further guidance or regulations of general applicability on the subject
since that time. However, EPA has recently proposed certain
interpretations of section 128 as part of its actions on other
infrastructure SIPs consistent with the statutory requirements (see,
e.g., (77 FR 44555, July 30, 2012) and (77 FR 66398, November 5,
2012)). We are now proposing these same interpretations in relation to
the Nebraska SIP.
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    \20\ See Memorandum from David O. Bickart to Regional Air
Directors, ``Guidance to States for Meeting Conflict of Interest
Requirements of Section 128,'' Suggested Definitions, March 2, 1978.
---------------------------------------------------------------------------

    On August 22, 2013, Nebraska included statute and rule that
addresses section 128 as part of its 2010 SO2 NAAQS
infrastructure SIP. On March 11, 2014, Nebraska clarified its intent
that these provisions be approved by EPA as part of Nebraska's SIP for
purposes of section 128.\21\ These provisions include section 49-
1493(13) of the Nebraska Revised Statutes and title 4, chapter 2 of the
Nebraska Administrative Code. In today's action, we are approving
Nebraska's August 22, 2013, submission related to sections
110(a)(2)(E)(ii) and 128 of the CAA.
---------------------------------------------------------------------------

    \21\ Included in Nebraska's March 11, 2014 email to EPA was a
request that Title 116 of the Nebraska Administrative Code be
approved into the SIP as a clarification to the 2010 SO2
NAAQS infrastructure SIP, to the extent it is deemed approvable by
EPA. EPA has determined that the provisions that Nebraska submitted
on August 22, 2013, as part of its 2010 SO2 NAAQS
infrastructure SIP are sufficient for purposes of the disclosure
requirements of Section 128(a)(2), and is therefore not addressing
Title 116 of the Nebraska Administrative Code in today's action.
---------------------------------------------------------------------------

    EPA's analysis consisted of a review of Nebraska's August 22, 2013,
SO2 NAAQS infrastructure SIP submission, and EPA's
additional review of Nebraska's statutes and authorities. Nebraska
concluded that section 128 (a)(1) is not an applicable requirement in
Nebraska because the EQC is not a board of body that approves permits
or enforcement orders. EPA confirms that section 81-1503(7) of the
``Nebraska Environmental Protection Act'' does not grant the EQC the
authority to approve permits or enforcement orders. Therefore, EPA
believes that the requirements of section 128 (a)(1) do not apply to
Nebraska.
    To satisfy section 128(a)(2) of the CAA, Nebraska submitted to EPA
section 49-1493(13) of the Nebraska Revised Statutes and title 4,
chapter 2 of the Nebraska Administrative Code. Section 49-1493(13) of
the Nebraska Revised Statutes requires certain officials or employees
of Nebraska who are responsible for taking or recommending official
actions of a non-ministeraial nature to file a statement of financial
interest on an annual basis. Nebraska Administrative Code title 4,
chapter 2 designates public officials and employees who are required to
file Statements of Financial Interests with the Nebraska Accountability
and Disclosure Commission, and includes the Director of NDEQ, the
Deputy Directors of NDEQ, and the Air Quality Division Administrator of
the NDEQ. Consistent with the requirements of section 128(a)(2), EPA
infers from Nebraska's August 22, 2013, SO2 NAAQS
infrastructure submission that NDEQ's Director, Deputy Directors, and
Air Quality Division Administrator approve permits or enforcement
orders and must therefore adequately disclose any potential conflicts
of interest by filing an annual statement of financial interest
pursuant to section 49-1493(13) and title 4, chapter 2 of the Nebraska
Administrative Code.
    Both section 49-1493 of the Nebraska Revised Statutes and title 4,
chapter 2 of the Nebraska Administrative Code reference section 49-1496
of the Nebraska Revised Statutes, which requires disclosure of any
association with any business, entitles for which the person served as
a trustee, and any income over one thousand dollars from a person or
government body, with certain exceptions. In addition, section 49-1496
also requires disclosure of any ownership interest that exceeds one
thousand dollars of certain real property, accounts, investments and
other property owned or held for the production of income. Section 49-
1496 also requires disclosure of loans in excess of one thousand
dollars and gifts in excess of one hundred dollars. Thus, Nebraska law
requires the disclosure of any potential conflicts of interest by the
head of an executive agency responsible for approving permits or
enforcement orders (i.e., NEDQ's Director, Deputy Directors, and Air
Quality Division Administrator).
    EPA believes that section 49-1493(13) of the Nebraska Revised
Statutes and title 4 chapter 2 of the Nebraska Administrative Code
address the requirements of section 128(a)(2) of the CAA, and we are
therefore approving those provisions into the Nebraska SIP with respect
to the conflict of interest requirements of section 128 of the CAA.
    (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 subgrants 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

2008 Pb 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)(E) for the 2008 Pb NAAQS and is approving
this element of the October 18, 2011 submission.
    (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
Pb. Title 129, chapter 34 section 002.02. The Federal test methods are
in 40 CFR part 60, appendix A.
    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 2008 Pb 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 2008 Pb NAAQS and is approving
this element of the October 18, 2011, submission.
    (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 Pb NAAQS and designated
Pb nonattainment areas, EPA expects that an emergency event involving
Pb 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 Pb. 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 2008 Pb 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 2008 Pb NAAQS and is approving this
element of the October 18, 2011, submission.
    (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 2008 Pb 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 2008 Pb NAAQS and is approving this
element of the October 18, 2011, submission.
    (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. With respect to the visibility component of section
110(a)(2)(J), 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.
    Based upon review of the state's infrastructure SIP submission for
the 2008 Pb 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 2008 Pb NAAQS in the state and is
therefore approving this element of the October 18, 2011, submission.
    (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 2008 Pb 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 2008 Pb NAAQS and is approving
this element of the October 18, 2011, submission.
    (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 2008 Pb NAAQS, and relevant statutory and regulatory authorities
and provisions referenced in the submission or referenced in Nebraska's
SIP, EPA believes that requirements of section 110(a)(2)(L) are met and
is approving this element of the October 18, 2011, submission.
    (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 2008 Pb 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 2008 Pb NAAQS and is approving
this element of the October 18, 2011, submission.

V. What action is EPA taking?

    EPA is approving the October 18, 2011, infrastructure SIP
submission from Nebraska which addresses the requirements of CAA
sections 110(a)(1) and (2) as applicable to the 2008 Pb NAAQS.
Specifically, EPA is approving the following infrastructure elements,
or portions thereof: 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). As discussed in
each applicable section of this rulemaking, EPA is not taking action on
section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions under
part D and on the visibility protection portion of section
110(a)(2)(J).
    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 2008 Pb NAAQS are implemented in the state.
    At the same time EPA is approving Nebraska's March 11, 2014 request
to include conflict of interest provisions into the Nebraska SIP.
    This direct final rule will be effective December 22, 2014 without
further notice, unless EPA receives adverse comment by November 20,
2014.
    In the ``Proposed Rules'' section of this Federal Register, we are
publishing a separate document that will serve as the proposed rule if
adverse comments are received on this direct final rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on the rule, see the ADDRESSES section of
this document.

VI. Statutory and Executive Order Review

    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 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 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).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

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, Lead, Reporting and
recordkeeping requirements.

    Dated: September 30, 2014.
Rebecca Weber,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, the Environmental
Protection Agency 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. In Sec.  52.1420, the table in paragraph (e) is amended by adding
new entries

(26) and (27) in numerical order at the end of the table to read as
follows:

Sec.  52.1420  Identification of Plan.

* * * * *
    (e) * * *

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

                                                  * * * * * * *
(26) Section 110(a)(2)            Statewide...............     10/18/11  10/21/14 [Insert     This action
 Infrastructure Requirements for                                          Federal Register     addresses the
 the 2008 Pb NAAQS.                                                       citation].           following CAA
                                                                                elements:
                                                                                110(a)(2)(A),
                                                                                (B), (C), (D),
                                                                                (E), (F), (G),
                                                                                (H), (J), (K),
                                                                                (L), and (M).
(27) Section 128 Declaration:     Statewide...............      8/22/13  10/21/14 [Insert     This declaration
 Nebraska Department of                                                   Federal Register     is contained
 Environmental Quality                                                    citation].           within Nebraska's
 Representation and Conflicts of                                                               2010 Sulfur
 Interest Provisions, Section 49-                                                              Dioxide NAAQS
 1493(13) of the NE Political                                                                  Infrastructure
 Accountability and Disclosure                                                                 SIP submission
 Act and Chapter 2 of Title 4,                                                                 concerning
 NE Accountability and                                                                         Section
 Disclosure Commission.                                                                        110(a)(2)(E) of
                                                                                the CAA.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2014-24899 Filed 10-20-14; 8:45 am]
BILLING CODE 6560-50-P