[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Proposed Rules]
[Pages 5032-5035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02832]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2018-0852; FRL-9989-07-Region 7]
Air Plan Approval and Approval of Operating Permits Program;
Nebraska; Adoption of the 2015 Ozone Standard and Revisions to
Definitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of revisions to the State Implementation Plan (SIP), and
Operating Permits Program for the State of Nebraska as submitted on
August 22, 2018. This action proposes to adopt the 2015 primary and
secondary National Ambient Air Quality Standards for Ozone, published
in the Federal Register on October 26, 2015. The EPA is also proposing
to approve revisions which are administrative in nature. These
revisions include updating a reference to EPA's regulation used in the
definition of ``Global Warming
[[Page 5033]]
Potentials'', removing ``Greenhouse Gases'' from the definition of
``Regulated Air Pollutant'', and updating a reference to EPA's
regulations used in the definition of ``Volatile Organic Compound''.
Other typographical and reformatting 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 March 22, 2019.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2018-0852 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219; telephone number (913) 551-7391; email address
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2018-
0852, at https://www.regulations.gov. 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://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve revisions to the State
Implementation Plan (SIP) and the Operating Permit Program submitted on
August 22, 2018, by the State of Nebraska. Nebraska's August 22, 2018,
submittal included revisions to chapters 1, 4, 20, 28 and 34 of title
129. In this action, EPA is only addressing revisions to title 129 of
the Nebraska Administrative Code, chapter 1 ``Definitions''; chapter 4
``Ambient Air Quality Standards''; chapter 20 ``Particulate Emissions;
Limitations and Standards''; and chapter 34 ``Emission Sources;
Testing; Monitoring''. The EPA is not acting on chapter 28 ``Hazardous
Air Pollutant; Emissions and Standards'', although included in the
state's submission, because the chapter is not approved in the Nebraska
SIP.
The EPA is proposing revisions to the Nebraska SIP and Operating
Permits Program for title 129, chapter 1 ``Definitions''. The revision
to title 129, chapter 1, section 064, updates the reference for ``Table
A-1--Global Warming Potentials'', and the effective date of the
reference. The revision to section 109 of chapter 1 corrects a
typographical error clarifying the meaning of ``person'', ensuring
consistency with the Federal definition. Nebraska Department of
Environmental Quality (NDEQ) is removing section 130.05, ``Greenhouse
gases'' and section 130.05A from the definition of ``Regulated Air
Pollutant'', as a result of the Supreme Court's invalidation of
portions of the Greenhouse Gas Tailoring Rule. Finally, the revision to
chapter 1, section 160, ``Volatile Organic Compounds'', updates the
reference to the appropriate sections of the Federal regulation
pertaining to these rules and the effective date of the reference.
The following are proposed revisions to the Nebraska SIP. Title
129, chapter 4, section 005, is proposed for revision by adopting the
2015 primary and secondary National Ambient Air Quality Standards for
Ozone, (80 FR 65292, October 26, 2015), and by revising the reference
to include appendix U to 40 CFR part 50 to be consistent with Federal
regulations, and by updating the effective date of the reference.
Chapter 20, of title 129, is proposed for revision to correct
references to and re-number tables 20-1 and 20-2 by moving the tables
under the correct sections of the chapter for consistency. Text
presently found in section 007 is being moved to section 001 and
renumbered as new subsection 001.01. Section 007 is marked
``Reserved''.
Finally, chapter 34, of title 129 is proposed for revision by
correcting the typographical error in section 002.02 in the effective
date of 40 CFR part 60 appendices. This revision clarifies the
effective date by replacing the date July 12, 2002 with July 1, 2002.
III. 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 submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
revised chapters were placed on public notice on May 1, 2017, and a
public hearing was held by the State of Nebraska on June 13, 2017,
where no comments were received. In addition, as explained above, the
revision meets the substantive SIP requirements of the Clean Air Act
(CAA), including section 110 and implementing regulations.
IV. What action is EPA taking?
The EPA is proposing to approve into the SIP and as applicable,
into the Operating Permits Program, revisions to title 129, chapters 1,
4, 20 and 34 as submitted by NDEQ on August 22, 2018. 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.
V. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule 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
proposed amendments to 40 CFR part 52 set forth below. EPA has made,
and will continue to make, these materials generally available through
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).
[[Page 5034]]
VI. 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 the National
Technology Transfer and Advancement Act (NTTA) because this
rulemaking does not involve technical standards; 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
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.
40 CFR Part 70
Environmental protection, Air pollution control, Incorporation by
reference, Administrative practice and procedure, Intergovernmental
relations, Operating permits, Reporting and recordkeeping requirements.
Dated: February 8, 2019.
James B. Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
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. In Sec. 52.1420, paragraph (c), the table is amended by revising
entries ``129-1 Definitions'', ``129-4 Ambient Air Quality Standards'',
``129-20 Particulate Emissions; Limitations and Standards'', and ``129-
34 Emission Sources; Testing; Monitoring'' 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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129-1...................... Definitions........... 7/15/2018 [Date of publication
of the final rule in
the Federal
Register], [Federal
Register citation of
the final rule].
* * * * * * *
129-4...................... Ambient Air Quality 7/15/2018 [Date of publication
Standards. of the final rule in
the Federal
Register], [Federal
Register citation of
the final rule].
* * * * * * *
129-20..................... Particulate Emissions: 7/15/2018 [Date of publication
Limitations and of the final rule in
Standards. the Federal
Register], [Federal
Register citation of
the final rule].
* * * * * * *
129-34..................... Emission Sources; 7/15/2018 [Date of publication
Testing; Monitoring. of the final rule in
the Federal
Register], [Federal
Register citation of
the final rule].
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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 new paragraph (p) 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
* * * * *
(p) The Nebraska Department of Environmental Quality submitted
revisions to The Nebraska Administrative Code, title 129, chapter 1,
``Definitions'' on August 22, 2018. The state effective date is July
15, 2018. This revision is effective [date 60 days after date of
publication of the final rule in the Federal Register].
* * * * *
[FR Doc. 2019-02832 Filed 2-19-19; 8:45 am]
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