[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Rules and Regulations]
[Pages 70023-70025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23975]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2016-0556; FRL-9953-61-Region 7]


Approval of Nebraska's Air Quality Implementation Plans

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 as submitted on March 6, 2014, and July 
14, 2014. This action will amend the SIP to include revisions to title 
129 of the Nebraska Air Quality Regulations, chapter 4, ``Ambient Air 
Quality Standards''; chapter 19, ``Prevention of Significant 
Deterioration of Air Quality''; and chapter 22, ``Incinerators; 
Emission Standards''. This amendment makes the state regulation 
consistent with the National Ambient Air Quality Standards (NAAQS) for 
particulate matter 10 micrometers or less (PM10), fine 
particulate matter 25 micrometers or less (PM2.5), Sulfur 
dioxide, Nitrogen dioxide, Carbon monoxide, Ozone, and Lead, as of the 
date of the state submittal. This action also makes formatting and 
grammatical corrections to title 129, chapters 19 and 22.

DATES: This direct final rule will be effective December 12, 2016, 
without further notice, unless EPA receives adverse comment by November 
10, 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-2016-0556, 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection

[[Page 70024]]

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 as they apply to 
chapter 4, ``Ambient Air Quality Standards''; chapter 19, ``Prevention 
of Significant Deterioration of Air Quality''; and chapter 22, 
``Incinerators; Emission Standards''. Chapter 4 is amended making it 
consistent with the Federal standards found at 40 CFR part 50, in 
regards to the NAAQS for all six criteria air pollutants, as of July 
14, 2014. The amendments submitted on March 6, 2014, make formatting 
and grammatical corrections to chapters 19 and 22. For additional 
information on the revisions to chapter 4, 19 and 22 see the detailed 
discussion table in the docket.

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

    The state submittal has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submittal 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 submitted on July 14, 2014, to 
revise the SIP to include revisions to the National Ambient Air Quality 
Standards for all six criteria pollutants consistent with the Federal 
standards, as of the date of the state's submittal. Per the state's 
March 6, 2014, submittal EPA is also approving minor formatting and 
grammatical corrections to chapters 19 and 22.
    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, chapters 4, 19 and 
22 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 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

[[Page 70025]]

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 12, 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 in 40 CFR Part 52

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

    Dated: September 27, 2016.
Mike Brincks,
Acting Regional Administrator, Region 7.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart CC--Nebraska

0
2. Section 52.1420(c) is amended by revising entries for 129-4, 129-19 
and 129-22 to read as follows:


Sec.  52.1420  Identification of plan.

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    (c) * * *

                                        EPA-Approved Nebraska Regulations
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                                                      State
    Nebraska citation              Title         effective date    EPA Approval date          Explanation
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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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                                                  * * * * * * *
129-4....................  Ambient Air Quality          5/13/14  10/11/16, [Insert     This revision to Chapter
                            Standards.                            Federal Register      4 amends the ambient air
                                                                  citation].            quality standards for
                                                                                        PM10, PM2.5, SO2, NO2,
                                                                                        CO, O3, and Pb making
                                                                                        them consistent with
                                                                                        National Ambient Air
                                                                                        Quality Standards
                                                                                        (NAAQS) found at 40 CFR
                                                                                        part 50, as of the date
                                                                                        of the state's
                                                                                        submittal, July 14,
                                                                                        2014.
 
                                                  * * * * * * *
129-19...................  Prevention of                12/9/13  10/11/16, [Insert
                            Significant                           Federal Register
                            Deterioration of                      citation].
                            Air Quality.
 
                                                  * * * * * * *
129-22...................  Incinerators;                12/9/13  10/11/16, [Insert
                            Emission Standards.                   Federal Register
                                                                  citation].
 
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[FR Doc. 2016-23975 Filed 10-7-16; 8:45 am]
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