The source apportionment modeling analysis yielded consistent results showing Nebraska does not contribute significantly to downwind 8hour ozone nonattainment in any of the receptor counties analyzed. For example, Nebraska's contribution to total nonattainment in Chicago is 0.36%, with a contribution average of 0.3 ppb, and a 1.74% relative contribution during exceedance periods. By EPA's own metrics, these impacts are considered to be small and infrequent. Moreover, not a single metric of the three contribution factors was found to be above the significance threshold established by EPA for any of the downwind counties. (See Technical Support Document for the Final Clean Air Interstate RuleAir Quality Modeling). Based on this information provided by the State, EPA believes the State has sufficiently demonstrated that emissions from the State do not significantly contribute to downwind nonattainment or interfere with maintenance of the NAAQs. Additional supporting information on Nebraska's modeling demonstration can be found in its technical support document provided in the docket.

The third element NDEQ addressed was prevention of significant deterioration (PSD). For 8hour ozone, the state has met the obligation by confirming that major sources in the state are currently subject to PSD programs that implement the 8hour ozone standard. For
PM2.5, the state has confirmed that the state's PSD program is being implemented in accordance with EPA's interim guidance calling for the use of PM10 as a surrogate for PM2.5 for the purposes of PSD review. Once PM2.5 guidance is finalized by EPA, NDEQ commits to transitioning from use of the interim PM2.5 guidance to the final PM2.5 implementation guidance after approval of the PM2.5 SIP revision. EPA proposed regulations to establish this guidance on September 21, 2007 (72 FR 54112).

It should be noted that Nebraska is currently designated with attainment for both the 8hour ozone and PM2.5 National Ambient Air Quality Standards.

At this time, it is not possible for NDEQ to accurately determine whether there is interference with measures in another state's SIP designed to protect visibility, which is the fourth element that was addressed. Technical projects relating to visibility degradation are under development. Nebraska will be in a more advantageous position to address the visibility projection requirements once the initial regional haze SIP has been developed.

A public hearing with regard to this action was held by the state. No comments were received.

With this action, the nonregulatory text in 40 CFR 52.1420(e) is revised to reflect that NDEQ addressed the elements of the CAA section 110(a)(2)(D)(i) submittal.

What action is EPA taking?

EPA is approving this revision submitted by Nebraska and is revising 40 CFR 52.1420(e) to reflect that the NDEQ has adequately addressed the required elements of the CAA section 110(a)(2)(D)(i) SIP. Please note that if EPA receives adverse comments on part of this rule, and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment.

Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action approves preexisting requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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. 1044).

This action also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the [[Page 71247]]
CAA. This action also is not subject to Executive Order 13045, ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard.

In reviewing state submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a state submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a state submission, to use VCS in place of a state submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 15, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

Dated: November 29, 2007.
William Rice,
Acting Regional Administrator, Region 7.
Chapter I, title 40 of the Code of Federal Regulations is amended as follows:
PART 52[AMENDED]
1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.
Subpart CCNebraska
2. In Sec. 52.1420(e) the table is amended by adding an entry in numerical order to read as follows:
Sec. 52.1420 Identification of Plan.
* * * * *
(e) * * *
EPAApproved Nebraska Nonregulatory Provisions Applicable
Name of nonregulatory SIP geographic or State EPA approval provision nonattainment submittal date date Explanation area
* * * * * * * (23) CAA 110(a)(2)(D)(i) SIP Statewide....... 5/18/07 12/17/07 [insert Interstate Transport. FR page number where the document begins]. [FR Doc. E724231 Filed 121407; 8:45 am]
BILLING CODE 656050P

FOR FURTHER INFORMATION CONTACT Michael Jay at (913) 551-7460, or by email at jay.michael@epa.gov.