[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Proposed Rules]
[Pages 25975-25977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11579]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2018-0188; FRL-9978-79--Region 7]


Approval of Nebraska Air Quality Implementation Plan; Particulate 
Emissions; Limitations and Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State Implementation Plan (SIP) submitted on 
July 14, 2014, by the State of Nebraska. This proposed action will 
amend the SIP to include revisions to title 129 of the Nebraska 
Administrative Code, chapter 20 ``Particulate Emissions; Limitations 
and Standards''. The revisions make clear that the emission rates in 
the rule apply to applicable sources except when a more stringent 
Federal rule or limit in a construction permit exists. Other minor 
administrative revisions are also being made. Approval of these 
revisions will not impact air quality, ensures consistency between the 
State and Federally approved rules, and ensures Federal enforceability 
of the State's rules.

DATES: Comments must be received on or before July 5, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2018-0188 to https://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. The 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 https://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?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is proposing to amend Nebraska's SIP to include revisions to 
title 129 of the Nebraska Administrative Code, chapter 20, 
``Particulate Emissions; Limitations and Standards''. The revisions 
being addressed in this action on chapter 20 were submitted with other 
title 129 chapters as part of the July 14, 2014 SIP submittal. EPA took 
final action on two title 129 chapters, chapter 1 ``Definitions'', and 
chapter 15 ``Operating Permit Modifications; Reopening for Cause''. In 
that action, EPA stated it would take action separately on chapter 20. 
See 83 FR 14762. EPA is now proposing action on chapter 20. The 
revisions to chapter 20 are described below.
    Nebraska revised a clause under the chapter title from 
``(EXCEPTIONS DUE

[[Page 25976]]

TO BREAKDOWNS OR SCHEDULED MAINTENANCE: SEE CHAPTER 35)'' to ``For 
exceptions due to breakdowns or scheduled maintenance: see Chapter 35--
COMPLIANCE; EXCEPTIONS DUE TO STARTUP, SHUTDOWN, OR MALFUNCTION'', and 
added a space to distinguish between the title and the clause. In 
addition, the state removed a footnote to table 20-2 and made it a 
stand-alone section numbered 007 which explains how the values in table 
20-2 were determined. And finally, the revision added section 008 which 
clarifies that the emission rates apply to all applicable sources 
unless a more stringent particulate matter emissions rate is specified 
in the underlying requirements of an applicable Federal rule or is 
specified within a construction permit issued pursuant to title 129.

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

    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The revised chapter 20 
was placed on public notice, along with other title 129 chapter 
revisions on January 6, 2014, and a public hearing was held by NDEQ on 
February 6, 2014. No comments regarding chapter 20 were received. The 
submission also satisfied the completeness criteria of 40 CFR part 51, 
appendix V. In addition, as explained above, the revision meets the 
substantive SIP requirements of the Clean Air Act (CAA), including 
section 110 and implementing regulations.

III. What action is EPA taking?

    EPA is proposing to approve the title 129, chapter 20, SIP revision 
submitted by NDEQ on July 14, 2014. We are processing this as a 
proposed action because we are soliciting comments on this proposed 
action. Final rulemaking will occur after consideration of any 
comments.

IV. Incorporation by Reference

    In this action, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the Nebraska Regulations described in the amendments to 40 
CFR part 52 set forth below. EPA has made, and will continue to make, 
these materials generally available through https://www.regulations.gov 
and at the EPA Region 7 Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (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).

 List of Subjects in 40 CFR Part 52

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

    Dated: May 21, 2018.
Karen A. Flournoy,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA proposes to amend 40 
CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart CC--Nebraska

0
2. Amend Sec.  52.1420 paragraph (c) by revising the entry for ``129-
20'' in the Table titled ``EPA-Approved Nebraska Regulations'' to read 
as follows:


Sec.  52.1420  Identification of plan.

* * * * *
    (c) * * *

[[Page 25977]]



                                                            EPA-Approved Nebraska Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   State
  Nebraska  citation                                    Title                                    effective     EPA approval date        Explanation
                                                                                                    date
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    STATE OF NEBRASKA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Department of Environmental Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Title 129--Nebraska Air Quality Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
129-20...............  Particulate Emissions; Limitations and Standards.......................    5/13/2014  [date of final        .....................
                                                                                                              publication in the
                                                                                                              Federal Register]
                                                                                                              [final Federal
                                                                                                              Register citation].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-11579 Filed 6-4-18; 8:45 am]
BILLING CODE 6560-50-P