[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Rules and Regulations]
[Pages 66609-66612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17672]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2024-0025; FRL-11676-02-R7]


Air Plan Approval; Nebraska; Revisions to Title 129 of the 
Nebraska Administrative Code; Nebraska Air Quality Regulations

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), 
Operating Permits Program, and 112(l) Plan for the State of Nebraska. 
This final action will amend the SIP to revise Nebraska air quality 
regulations and will add specific definitions from a Nebraska statute. 
These changes include new and renumbered rules, the consolidation of 43 
chapters into 16 chapters, replacement of duplicative language with 
references to state statute and federal regulation, revisions to 
reflect changes to state and federal law, and other changes to state 
regulations. The EPA's approval of this rule revision is in accordance 
with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on September 16, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2024-0025. 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., 
Confidential Business Information (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: William Stone, Environmental 
Protection Agency, Region 7 Office, Air Permitting and 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
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 amending Nebraska's SIP and Operating Permits Program to 
include revisions to title 129 of the Nebraska Administrative Code and 
to add specific definitions from Nebraska Revised Statute 81-1502. The 
EPA is approving revisions to the Nebraska SIP received on December 2, 
2022. The revisions are to Title 129--Nebraska Air Quality Regulations 
and include specific definitions from Nebraska Revised Statute 81-1502. 
These changes include new and renumbered rules, the consolidation of 43 
chapters into 16 chapters, replacement of duplicative language with 
references to state statute and federal regulation, approval of 
specific definitions in state statute, revisions to reflect changes to 
state and federal law, and other changes to state regulations.

[[Page 66610]]

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

    The State's 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 public notice on this SIP revision from February 23, 
2022 to March 29, 2022, and held a public hearing on March 30, 2022 and 
received no comments. In addition, as explained above and in more 
detail in the TSD which is part of this docket, the revision meets the 
substantive SIP requirements of the CAA, including CAA section 110 and 
implementing regulations.

III. The EPA's Response to Comments

    The public comment period on the EPA's proposed rule opened June 3, 
2024, the date of its publication in the Federal Register, and closed 
on July 3, 2024 (89 FR 47504). During this period, EPA received one 
comment. The comment did not identify a specific issue that was germane 
to our proposed rule. The comment can be found in the docket for this 
action.

IV. What action is the EPA taking?

    We are amending the Nebraska SIP and Operating Permit Program by 
approving the State's request to revise Title 129--Nebraska Air Quality 
Regulations and certain definitions in Nebraska Revised Statute 81-
1502.

V. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the 
Nebraska rules:
     Chapter 1--General Provisions; Definitions, which provides 
general provisions and definitions for air quality regulations;
     Chapter 2--Nebraska Air Quality Standards, which lists the 
ambient air quality standards;
     Chapter 3--Construction Permits, which regulates air 
construction permitting in Nebraska;
     Chapter 4--Prevention Of Significant Deterioration of Air 
Quality (PSD) which regulates PSD permitting in Nebraska;
     Chapter 6--Operating Permits which regulates air operating 
permitting in Nebraska;
     Chapter 7--General Permits which regulates air general 
permitting in Nebraska;
     Chapter 8--Permits-By-Rule which regulates air permit-by-
rule permitting in Nebraska;
     Chapter 9--Permit Revisions; Reopening For Cause which 
regulates air permit revisions in Nebraska;
     Chapter 10--Permits--Public Participation which regulates 
public notice requirements for air permitting in Nebraska;
     Chapter 11--Emissions Reporting, When Required which 
regulates air emissions inventory in Nebraska;
     Chapter 14--Incinerators, Emission Standards which 
regulates emissions from incinerators in Nebraska;
     Chapter 15--Compliance which regulates compliance with air 
regulations in Nebraska;
     Chapter 16--Sulfur Compound and Nitrogen Oxides Emissions 
Standards which regulates emissions of sulfur dioxide and nitrogen 
oxides in Nebraska;
     Appendix I--Hazardous Air Pollutants Sorted by CAS Number 
which lists the hazardous air pollutants;
     Appendix II--Air Pollution Emergency Episodes which 
explains Nebraska's emergency episode procedures; and
     Nebraska Revised Statute 81-1502--Terms, Defined which 
contains definitions for Nebraska's air quality regulations.
    The state effective date of these rules is September 28, 2022. The 
state effective date of Nebraska Revised Statute 81-1502 is March 21, 
2019. The 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).
    Also, in this document, as described in the amendments to 40 CFR 
part 52 set forth below, EPA is removing provisions of the EPA-Approved 
Nebraska Regulations and Statutes 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 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    In addition, 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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws,

[[Page 66611]]

regulations, and policies.'' EPA further defines the term fair 
treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies.''
    The Department of Environment and Energy did not evaluate 
environmental justice considerations as part of its SIP submittal; the 
CAA and applicable implementing regulations neither prohibit nor 
require such an evaluation. EPA did not perform an EJ analysis and did 
not consider EJ in this action. Consideration of EJ is not required as 
part of this action, and there is no information in the record 
inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 15, 2024. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: August 5, 2024.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 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, in the table in paragraph (c):
0
a. Revise the center heading ``Department of Environmental Quality'' to 
read ``Department of Environment and Energy''.
0
b. Revise the entries ``129-1'', ``129-2'', ``129-3'', and ``129-4'';
0
c. Remove the entry ``129-5'';
0
d. Revise the entries ``129-6'', ``129-7'', ``129-8'', ``129-9'', 
``129-10'', and ``129-11'';
0
e. Remove the entries ``129-12'' and ``129-13'';
0
f. Revise the entries ``129-14'', ``129-15'', and ``129-16'';
0
g. Remove the entries ``129-17'', ``129-19'', ``129-20'', ``129-21'', 
``129-22'', ``129-24'', ``129-25'', ``129-30'', ``129-32'', ``129-33'', 
``129-34'', ``129-35'', ``129-36'', ``129-37'', ``129-38'', ``129-41'', 
``129-42'', ``129-43'', and ``129-44'';
0
h. Revise the entries ``Appendix I'' and ``Appendix II''; and
    i. Add the center heading ``Nebraska Revised Statute 81-1502 Terms 
Defined'' and the entry ``1502'' after the entry ``115-3''.
    The revisions and additions 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
----------------------------------------------------------------------------------------------------------------
                                      Department of Environment and Energy
                                   Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1.........................  General Provisions;      9/28/2022  8/16/2024, [insert
                                 Definitions.                        Federal Register
                                                                     citation].
129-2.........................  Nebraska Air Quality     9/28/2022  8/16/2024, [insert     Section 002 total
                                 Standards.                          Federal Register       reduced sulfur (TRS)
                                                                     citation].             is not approved into
                                                                                            the SIP.
129-3.........................  Construction Permits.    9/28/2022  8/16/2024, [insert
                                                                     Federal Register
                                                                     citation].
129-4.........................  Prevention of            9/28/2022  8/16/2024, [insert
                                 Significant                         Federal Register
                                 Deterioration (PSD).                citation].
129-6.........................  Operating Permits....    9/28/2022  8/16/2024, [insert
                                                                     Federal Register
                                                                     citation].
129-7.........................  General Permits......    9/28/2022  8/16/2024, [insert
                                                                     Federal Register
                                                                     citation].
129-8.........................  Permits-By-Rule......    9/28/2022  8/16/2024, [insert
                                                                     Federal Register
                                                                     citation].
129-9.........................  Permit Revisions;        9/28/2022  8/16/2024, [insert
                                 Reopening For Cause.                Federal Register
                                                                     citation].
129-10........................  Permits--Public          9/28/2022  8/16/2024, [insert
                                 Participation.                      Federal Register
                                                                     citation].
129-11........................  Emissions Reporting,     9/28/2022  8/16/2024, [insert
                                 When Required.                      Federal Register
                                                                     citation].

[[Page 66612]]

 
129-14........................  Incinerators,            9/28/2022  8/16/2024, [insert
                                 Emission Standards.                 Federal Register
                                                                     citation].
129-15........................  Compliance...........    9/28/2022  8/16/2024, [insert
                                                                     Federal Register
                                                                     citation].
129-16........................  Sulfur Compound and      9/28/2022  8/16/2024, [insert
                                 Nitrogen Dioxides                   Federal Register
                                 Emissions Standards.                citation].
Appendix I....................  Hazardous Air            9/28/2022  8/16/2024, [insert
                                 Pollutants Sorted by                Federal Register
                                 CAS Number.                         citation].
Appendix II...................  Air Pollution            9/28/2022  8/16/2024, [insert
                                 Emergency Episodes.                 Federal Register
                                                                     citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Nebraska Revised Statute 81-1502 Terms Defined
----------------------------------------------------------------------------------------------------------------
1502..........................  Terms Defined........    3/21/2019  8/16/2024, [insert     The following
                                                                     Federal Register       paragraphs of
                                                                     citation].             Nebraska Revised
                                                                                            Statute 81-1502 are
                                                                                            approved into the
                                                                                            SIP: (2) Air
                                                                                            pollution; (3)
                                                                                            Chairperson; and
                                                                                            (10) Person.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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. Appendix A to part 70 is amended by adding paragraph (r) 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

* * * * *
    (r) The Nebraska Department of Environment and Energy submitted 
for program approval revisions to the Nebraska Administrative Code, 
title 129, chapters 1, 6, 7, 9, 10, 11, and appendix I on December 
2, 2022. Title 129 Chapter 8 ``Operating Permit Content'' has been 
renumbered and renamed Chapter 6 ``Operating Permits'' and Chapter 8 
is no longer part 70 approved. Appendix III has been repealed and is 
no longer part 70 approved. The state effective date is September 
28, 2022. This revision is effective September 16, 2024.
* * * * *
[FR Doc. 2024-17672 Filed 8-15-24; 8:45 am]
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