[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69693-69696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24088]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2016-0555; FRL-9953-59-Region 7]


Approval of Nebraska's Air Quality Implementation Plans; Nebraska 
Air Quality Regulations and State Operating Permit Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State Implementation Plan 
(SIP) for the State of Nebraska. This action will amend the SIP to 
include revisions to title 129 of the Nebraska Air Quality Regulations, 
chapter 5, ``Operating Permits--When Required''; chapter 9, ``General 
Operating Permits for Class I and Class II Sources''; chapter 22, 
``Incinerators; Emission Standards''; chapter 30, ``Open Fires''; and 
chapter 34 ``Emission Sources; Testing; Monitoring. These revisions 
were requested by the Nebraska Department of Environmental Quality 
(NDEQ) in three submittals, submitted on May 1, 2003, November 8, 2011, 
and July 14, 2014. The May 1, 2003, submittal revised chapters 5 and 9, 
to address changes in regard to the permits-by-rule provisions of Title 
129. The November 8, 2011, submittal allows for the issuance of 
multiple operating permits to major sources through revisions to 
chapter 5. In addition, revisions to chapters 22 and 30 encourage the 
use of air curtain incinerators over open burning; and changes to 
chapter 34 clarify the authority of NDEQ to order emission sources to 
do testing when NDEQ deems it necessary. The July 14, 2014, submittal 
further revises chapter 34, by updating the reference to allowable test 
methods for evaluating solid waste, changing the amount of time allowed 
to submit test results, and allowing the Department to approve a 
request for testing with less than 30 days notification.

DATES: This direct final rule will be effective December 6, 2016, 
without further notice, unless EPA receives adverse comment by November 
7, 2016. If EPA receives adverse comment, we will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2016-0555, to http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit

[[Page 69694]]

http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at 913-551-7391, or by email at 
[email protected].

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

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed in this document?

    EPA is approving revisions into the SIP to include amendments to 
title 129 of the Nebraska Air Quality Regulations, chapters 5, 22, 30 
and 34, as submitted on November 8, 2011. The EPA is also approving 
additional revisions to chapter 34, as submitted on July 14, 2014, and 
to chapters 5 and 9, as submitted on May 1, 2003. Revisions to chapter 
5 allows for the issuance of multiple operating permits to major 
sources. The revisions to chapters 22 and 30 encourage the use of air 
curtain incinerators over open burning and the revisions to chapter 34 
as submitted on November 8, 2011, clarify NDEQ's authority to require 
emission sources to test for contaminant emissions. The revisions to 
chapter 34 requested in the July 14, 2014, submittal updates the 
reference to allowable test methods for evaluating solid waste; makes 
changes to the amount of time allowed to submit test results; and 
allows NDEQ to approve a request to test with less than 30 days 
notification.
    The revisions to chapter 5 submitted on May 1, 2003, allows a 
source otherwise subject to the Class II operating permit program to be 
covered instead by the permits-by-rule provisions, provided the source 
qualifies. The May 1, 2003 submittal, also revised chapter 9 to allow a 
source covered for some activities under a general permit be covered 
for other facilities or activities by a permits-by-rule. Revisions to 
chapter 5 ``Operating Permits--When Required'', submitted on November 
8, 2011, clarifies the process for issuing operating permits to major 
sources comprised of different regulated entities or ``persons''. The 
changes allow each regulated entity more options in applying for 
operating permits and NDEQ more flexibility in issuing the permits. The 
revisions to chapter 5 are worded such that sources permitted under the 
changed language will not avoid other major source obligations. The 
revisions to chapter 22, ``Incinerators; Emission Standards'', 
establish requirements regarding opacity for air curtain incinerators 
while revisions to chapter 30, ``Open Fires'', allow burning in an air 
curtain incinerator with a general or community open fire permit issued 
by NDEQ. Title 129, chapter 34, ``Emission Sources; Testing; 
Monitoring'', as submitted on November 8, 2011, is being revised to 
clarify NDEQ's authority to order emission sources to make or have 
tests made to determine the rate of contaminant emissions from the 
source. The July 14, 2014, submittal further revises chapter 34, by 
updating the reference to allowable test methods for evaluating solid 
waste, changes the amount of time allowed to submit test results, and 
allows NDEQ to approve a request for testing with less than 30 days 
notification. For additional information on the revisions to chapter 5, 
9, 22, 30 and 34 see the detail discussion table in the docket.

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

    The state submittals have met the public notice requirements for 
SIP submissions in accordance with 40 CFR 51.102. The submittals also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, the revision meets the substantive SIP requirements of the 
CAA, including section 110 and implementing regulations.

III. What action is EPA taking?

    EPA is approving the state's request to revise the SIP to include 
amendments to title 129, of the Nebraska Air Quality Regulations, 
chapter 5, ``Operating Permits--When Required''; chapter 22, 
``Incinerators; Emission Standards''; chapter 30, ``Open Fires''; and 
chapter 34, ``Emission Sources; Testing; Monitoring'', as submitted by 
NDEQ on November 8, 2011. Also, EPA is approving NDEQ's July 14, 2014, 
submittal involving additional revisions to chapter 34 and revisions to 
chapters 5 and 9, ``General Operating Permits for Class I and II 
Sources'', as submitted on May 1, 2003.
    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. EPA does not anticipate adverse comment because the 
revisions to the existing rules are routine and consistent with the 
Federal regulations, thereby, strengthening the SIP. However, in the 
``Proposed Rules'' section of this Federal Register, we are publishing 
a separate document that will serve as the proposed rule to revise 
title 129 of the Nebraska Air Quality Regulations, chapter 5, 
``Operating Permits--When Required''; chapter 9, ``General Operating 
Permits for Class I and II Sources''; chapter 22, ``Incinerators; 
Emission Standards''; chapter 30, ``Open Fires''; and chapter 34, 
``Emission Sources; Testing; Monitoring'' if adverse comments are 
received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document. If EPA receives 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that this direct final rule will not take 
effect. We will address all public comments in any subsequent final 
rule based on the proposed rule.

Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Nebraska 
regulations described in the direct final amendments to 40 CFR part 52 
set forth below. Therefore, these materials have been approved by EPA 
for inclusion in the State implementation plan, have been incorporated 
by reference by EPA into that plan, are fully Federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference by the Director of the Federal Register in the next update to 
the SIP compilation.\1\ EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and at the appropriate EPA office (see the 
ADDRESSES section of this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not impose additional requirements

[[Page 69695]]

beyond those imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 6, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: September 27, 2016.
Mike Brincks,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA amends 40 CFR parts 52 
and 70 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. Section 52.1420(c) is amended by revising the entries for 129-5, 
129-9, 129-22, 129-30, and 129-34 to read as follows:


Sec.  52.1420  Identification of Plan.

* * * * *
    (c) * * *

                                        EPA-Approved Nebraska Regulations
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                                                       State
       Nebraska citation               Title         effective   EPA approval date           Explanation
                                                        date
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                                                State of Nebraska
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                                       Department of Environmental Quality
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                                   Title 129--Nebraska Air Quality Regulations
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                                                  * * * * * * *
129-5..........................  Operating              2/16/08  10/7/16 [Insert    ............................
                                  Permits--When                   Federal Register
                                  Required.                       citation].
 
                                                  * * * * * * *
129-9..........................  General Operating     11/20/02  10/7/16 [Insert    ............................
                                  Permits for                     Federal Register
                                  Class I and II                  citation].
                                  Sources.
 
                                                  * * * * * * *
129-22.........................  Incinerators;           7/3/10  10/7/16 [Insert    ............................
                                  Emission                        Federal Register
                                  Standards.                      citation].

[[Page 69696]]

 
 
                                                  * * * * * * *
129-30.........................  Open Fires.......       7/3/10  10/7/16 [Insert    ............................
                                                                  Federal Register
                                                                  citation].
 
                                                  * * * * * * *
129-34.........................  Emission Sources;      5/13/14  10/7/16 [Insert    ............................
                                  Testing;                        Federal Register
                                  Monitoring.                     citation].
 
                                                  * * * * * * *
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* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

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


0
4. Amend appendix A to part 70 by adding paragraphs (m) and (n) under 
``Nebraska; City of Omaha; Lincoln-Lancaster County Health Department'' 
to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Nebraska; City of Omaha; Lincoln-Lancaster County Health Department

* * * * *
    (m) The Nebraska Department of Environmental Quality approved 
revisions to Nebraska Air Quality Regulations, Title 129, Chapter 5, 
``Operating Permits--When Required'', and Chapter 9, ``General 
Operating Permits for Class I and II Sources'', on September 5, 
2002. The State's effective date is November 20, 2002. The revisions 
were submitted to EPA on May 1, 2003. This revision is effective on 
December 6, 2016.
    (n) The Nebraska Department of Environmental Quality approved 
revisions to Nebraska Air Quality Regulations, Title 129, Chapter 5, 
``Operating Permits--When Required'', on December 7, 2007. The 
State's effective date is February 16, 2008. The revisions were 
submitted to EPA on November 8, 2011. This revision is effective on 
December 6, 2016.
* * * * *
[FR Doc. 2016-24088 Filed 10-6-16; 8:45 am]
 BILLING CODE 6560-50-P