[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Rules and Regulations]
[Pages 29327-29329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08760]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0666; FRL-10008-62-Region 7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 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: This final rule is effective on June 15, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2019-0666. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Will 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 EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. The EPA's Response to Comments

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IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving a revision to Nebraska's SIP received from the 
State of Nebraska on July 23, 2019. Specifically, the EPA is amending 
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).

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 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.

III. The EPA's Response to Comments

    The public comment period on the EPA's proposed rule opened January 
3, 2020, the date of its publication in the Federal Register and closed 
on February 3, 2020. (85 FR 274, January 3, 2020.) During this period, 
EPA received two comments. The comments are not adverse and can be 
found in the docket. The comments are addressed below.

Comment 1

    I believe that it would be in the public's best interest to 
eliminate the confusion regarding the permits in Lancaster County, and 
have the local authorities be responsible for issuing the permits.

Response 1

    This action eliminates confusion regarding the authority to issue 
PSD permits in Lancaster County. As noted in the proposal, all PSD 
permits issued in the State of Nebraska, including those issued in 
Lancaster County, are issued pursuant to the authority of the State of 
Nebraska under title 129, chapter 19 PREVENTION OF SIGNIFICANT 
DETERIORATION OF AIR QUALITY (PSD). However, under the delegation 
agreement between the State of Nebraska and LLCHD, LLCHD issues PSD 
permits in Lancaster County under the state's authority. Nothing in 
this action changes this delegation agreement, which is included in the 
docket for this action. The SIP revision removes a redundant regulation 
from the SIP and will have no effect on air permitting or air quality 
in Lancaster County, Nebraska.

Comment 2

    This comment noted that the State submission was not provided in 
the docket to allow the reviewer the ability to fully evaluate EPA's 
proposed action.

Response 2

    As a result of this comment, we provided the State's submission in 
the docket and reopened the public comment period from March 5, 2020 to 
April 6, 2020 to afford stakeholders an opportunity to comment on the 
proposed SIP revision (85 FR 12876, March 5, 2020). No additional 
comments were received during this period.

IV. What action is the EPA taking?

    The EPA is taking final action 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.

V. Incorporation by Reference

    In this document, the EPA is amending regulatory text that includes 
incorporation by reference. As described in the amendments to 40 CFR 
part 52 set forth below, the EPA is removing 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, 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).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the 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 cannot 
take effect until 60 days after it

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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 Clean Air Act CAA, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 14, 2020. 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, Incorporation by 
reference, Intergovernmental relations.

    Dated: April 21, 2020.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the 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


Sec.  52.1420   [Amended]

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

[FR Doc. 2020-08760 Filed 5-14-20; 8:45 am]
 BILLING CODE 6560-50-P