[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Proposed Rules]
[Pages 25977-25979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12072]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2018-0307; FRL-9979-13--Region 7]


Air Plan Approval; Nebraska; Revisions to Title 115 of the 
Nebraska Administrative Code; Rules of Practice and Procedure

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State Implementation Plan (SIP) submitted by 
the State of Nebraska on August 28, 2014. This proposed action will 
amend the SIP to revise title 115 of the Nebraska Administrative Code 
``Nebraska Rules of Practice and Procedure.'' The proposed revisions to 
title 115 update the Nebraska Department of Environmental Quality's 
(NDEQ) rules of practice and procedure to incorporate legislative 
changes that have been made to the State's Administrative Procedure Act 
and the public record laws.

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2018-0307 to https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The 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 115 of the Nebraska Administrative Code. The last revision to 
title 115--Rules of Practice and Procedure was approved into the 
Nebraska SIP in 1994 (60 FR 372). Since that time, the legislature has 
amended the Administrative Procedure Act and the public record laws 
which impose additional requirements on NDEQ. NDEQ has adopted the 
revisions to title 115 and has requested EPA amend the SIP.
    This action proposes to revise chapter 1, Definitions of Terms; 
chapter 2, Filings and Correspondence; chapter 3, Public Records 
Availability; chapter 4, Public Records Confidentiality; chapter 5, 
Public Hearings; chapter 7, Contested Cases; chapter 8, Emergency 
Proceeding Hearings; chapter 9, Declaratory Rulings; and chapter 10, 
Rulemaking. This action proposes to revise the chapter titles for 
chapters 2, 4, 8, 9 and 10. No revisions are being made to chapter 6, 
Voluntary Compliance. Chapter 11, Variances, is being deleted. The 
proposed revisions to title 115 are numerous and can be found in the 
August 28, 2014 State submission which is part of the docket.
    Specifically, the changes to chapters 1, 2, 7, 8, 9 and 10 conform 
regulatory language to the Attorney General's model rules. Revisions to 
chapters 3 and 5 better describe the procedures already in place by 
practice for obtaining public records and public hearings on permit 
decisions or fact-finding hearings that are required by law. Revisions 
to chapter 4 clarify the procedures for asserting a claim of 
confidentiality trade secrets. Finally, chapter 11 is being deleted 
from title 115 because it is duplicative and found in chapter 33 of 
title 129.
    EPA is proposing approval of these revisions as they are not 
fundamentally different from a procedural standpoint from existing 
rules. These revisions do not impact air quality. The revisions do not 
revise emission limits or procedures, nor do they impact the state's 
ability to attain or maintain the

[[Page 25978]]

National Ambient Air Quality Standards.

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 title 115 
chapters were placed on public notice on January 30, 2004, and a public 
hearing was held by the NDEQ on March 5, 2004. During the public 
hearing NDEQ received three comments. NDEQ addressed each of the 
comments and made no change to the rule based on comments received. The 
submission also satisfied the completeness criteria of 40 CFR part 51, 
appendix V. In addition, as explained above, and as demonstrated in the 
documents in the docket, the revisions meet 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 115 SIP revision submitted by 
the State of Nebraska on August 28, 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 25, 2018.
James B. Gulliford,
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(c) by:
0
a. Revising the entries for 115-1; 115-2; 115-3; 115-4; 115-5; 115-7; 
115-8; 115-9; and 115-10; and
0
b. Removing the entry for 115-11.
    The revisions 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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[[Page 25979]]

 
                                                  * * * * * * *
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                                   Title 115--Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------
115-1...................  Definitions of Terms...     6/8/2004  [date of final           .......................
                                                                 publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
115-2...................  Petition for                6/8/2004  [date of final           .......................
                           Declaratory Order.                    publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
115-3...................  Public Records              6/8/2004  [date of final           .......................
                           Availability.                         publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
115-4...................  Confidentiality for         6/8/2004  [date of final           .......................
                           Trade Secrets.                        publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
115-5...................  Public Hearings........     6/8/2004  [date of final           .......................
                                                                 publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
 
                                                  * * * * * * *
115-7...................  Contested Cases........     6/8/2004  [date of final           .......................
                                                                 publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
115-8...................  Intervention in a           6/8/2004  [date of final           .......................
                           Contested Case.                       publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
115-9...................  Ex Parte Communications     6/8/2004  [date of final           .......................
                           Prohibited.                           publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
115-10..................  Petition for Rulemaking     6/8/2004  [date of final           .......................
                                                                 publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
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[FR Doc. 2018-12072 Filed 6-4-18; 8:45 am]
BILLING CODE 6560-50-P