[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Proposed Rules]
[Pages 274-275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28324]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0666; FRL-10003-76--Region 7]


Air Plan Approval; Nebraska; Lincoln-Lancaster County Health 
Department (LLCHD)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the State Implementation Plan (SIP) submitted by 
the State of Nebraska that addresses the authority of the Lincoln-
Lancaster County Health Department (LLCHD). This proposed action will 
amend the Nebraska SIP by removing a portion of the SIP that addresses 
the authority of LLCHD regarding the Prevention of Significant 
Deterioration (PSD) Program; specifically: Article 2. Section 19. 
Prevention of Significant Deterioration of Air Quality (PSD) Lincoln-
Lancaster County Health Department (LLCHD). This SIP revision will have 
no impact to air quality and eliminate confusion regarding the 
authority to issue PSD permits in Lancaster County.

DATES: Comments must be received on or before February 3, 2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0666 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: William Stone, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7714; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the 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 the 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-2019-
0666, 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 a revision to Nebraska's SIP 
received from the State of Nebraska on July 23, 2019. Specifically, the 
EPA is proposing to amend the Nebraska SIP by removing a portion of the 
SIP as follows: Article 2. Section 19. Prevention of Significant 
Deterioration of Air Quality (PSD) Lincoln-Lancaster County Health 
Department (LLCHD).
    On February 14, 1996, the EPA approved SIP revisions submitted by 
the State of Nebraska on behalf of the LLCHD (61 FR 5699, February 14, 
1996). This submittal included a complete copy of the state's air 
regulations that LLCHD had adopted as its own. Although the LLCHD's 
adoption of the State's rules included the PSD regulation, the action 
by the EPA did not create or acknowledge a PSD program separate and 
apart from the State of Nebraska's EPA-approved PSD program.
    This incorporation by reference of the LLCHD Air Pollution Control 
Program, specifically ARTICLE 2. SECTION 19. PREVENTION OF SIGNIFICANT 
DETERIORATION OF AIR QUALITY has created confusion about the authority 
to issue PSD permits in Lancaster County, Nebraska.
    PSD authority in Lancaster County, Nebraska was addressed in three 
documents around the time of this SIP action by both EPA and the State 
of Nebraska. Those documents are (1) the preamble to the direct final 
rule, (2) the Technical Support Document (TSD) that accompanied the 
proposal, and (3) a letter from the Nebraska Department of 
Environmental Quality (NDEQ), now the Nebraska Department of 
Environment and Energy (NDEE), to EPA Region 7 dated November 9, 1995. 
PSD authority in Lancaster County, Nebraska was also addressed in a 
delegation letter from NDEQ to LLCHD. Each of these documents is 
available as part of this docket.
    Per the preamble to the direct final rule (61 FR 5700, February 14, 
1996), the EPA herein notes that only the State program includes an 
approved part 51 program to issue PSD permits.
    On Page 5 of the TSD EPA states:

[A]lthough the local agencies' adoption of the state's rule include 
Prevention of Significant Deterioration (PSD) regulations, the EPA 
herein notes that only the state program includes an approved part 
51 program to issue PSD permits. As part of the Class II program, 
the local agencies will act as agents of the state to administer and 
enforce requirements applicable under PSD, although only the state 
will actually issue these permits. This is identified in letter from 
NDEQ dated November 9, 1995. (TSD for Nebraska SIP revisions, 
November 20, 1995).

    In a letter from NDEQ to EPA Region 7, referred to in the TSD 
above, NDEQ states:

[A]lthough the local agencies adoption of the Title 129 includes PSD 
regulations which were submitted as part of the request for 
approval, only the state program includes an approved part 51 
program to issue PSD permits. As part of the Class II program, the 
local agencies will act as agents of the state to administer and 
enforce requirements applicable under PSD, although only the state 
will actually issue these permits . . . (Letter from Joe Francis, 
Assistant Director, NDEQ, to Art Spratlin, EPA Region 7, LLCHD, 
November 9, 1995).

    In a letter from NDEQ to LLCHD dated December 31, 1997, NDEQ 
responds to LLCHD's request to delegate authority to implement and 
enforce the PSD program. NDEQ delegates the authority to LLCHD to 
implement and enforce all provisions of NDEQ title 129 chapter 19 with 
conditions including:

[[Page 275]]

    1. Each PSD permit issued by LLCHD shall state that the permit is 
an NDEQ permit and is being issued pursuant to this delegation;
    2. Each permit issued by LLCHD pursuant to this delegation shall 
include the following statement immediately above the signature block: 
Pursuant to the December 31, 1997 Delegation Letter, signed by the 
Director of the Department of Environmental Quality, the undersigned 
hereby executes this document on behalf of the director of the 
department.
    3. Each permit issued by LLCHD pursuant to this delegation shall 
state the permit is being issued pursuant to Title 129--Nebraska Air 
Quality Regulations (Title 129), Chapter 19, and is subject to all 
terms and conditions of Title 129 and the Nebraska Revised Statutes;
    5. LLCHD shall follow the public participation and decision-making 
procedures in Title 129, Chapter 19, section 004 and shall transmit 
documents and notifications to the EPA, as required by section 005, and 
to the NDEQ;
    The December 31, 1997 letter from NDEQ to LLCHD continues with ``If 
the director of the NDEQ determines that the LLCHD's implementation of 
the PSD regulations is inadequate, or is not being effectively carried 
out, this delegation may be revoked in whole or in part . . .'' (Letter 
from Randolph Wood, Director, NDEQ to Gregg Wright Interim Director, 
LLCHD, December 31, 1997).
    These documents demonstrate that all PSD permits issued in the 
State of Nebraska, including those issued in Lancaster County, are 
issued by the State of Nebraska under title 129, chapter 19 PREVENTION 
OF SIGNIFICANT DETERIORATION OF AIR QUALITY (PSD). The SIP revision 
being proposed for approval by this action removes a redundant 
regulation from the SIP and will have no effect on air permitting or 
air quality in Lancaster County, Nebraska.

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 
State provided a public comment period for this SIP revision from May 
20, 2019 to June 21, 2019, and at the same time, offered an opportunity 
for a public hearing. No comments or request for public hearing were 
received.

IV. What action is the EPA taking?

    The EPA is proposing to amend the Nebraska SIP by removing LLCHD 
Article 2. Section 19. Prevention of Significant Deterioration of Air 
Quality (PSD). The removal of this portion of the SIP will not impact 
air quality because the regulation duplicates the State's regulation, 
which applies in the same jurisdiction.
    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 amend regulatory text 
that includes incorporation by reference. As described in the proposed 
amendments to 40 CFR part 52 set forth below, the EPA is proposing to 
remove provisions of the EPA-Approved Nebraska Regulations from the 
Nebraska State Implementation Plan, which is incorporated by reference 
in accordance with the requirements of 1 CFR part 51.

VI. 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 CAA 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations.

    Dated: December 23, 2019.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the 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


Sec.  52.1420   [Amended]

0
2. In Sec.  52.1420, amend the table in paragraph (c) by removing the 
entry ``Section 19 Prevention of Significant Deterioration of Air 
Quality'' under the headings ``Lincoln-Lancaster County Air Pollution 
Control Program'', ``Article 2--Regulations and Standards''.

[FR Doc. 2019-28324 Filed 1-2-20; 8:45 am]
 BILLING CODE 6560-50-P