[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Rules and Regulations]
[Pages 42594-42596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18103]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2018-0188; FRL-9982-06--Region 7]


Approval of Nebraska Air Quality Implementation Plan; Particulate 
Emissions; Limitations and Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the State Implementation Plan (SIP) 
submitted on July 14, 2014, by the State of Nebraska. This final action 
will amend the SIP to include revisions to title 129 of the Nebraska 
Administrative Code, chapter 20 ``Particulate Emissions; Limitations 
and Standards''. The revisions make clear that the emission rates in 
the rule apply to applicable sources except when a more stringent 
Federal rule or limit in a construction permit exists. Other minor 
administrative 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: This final rule is effective on September 24, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2018-0188. 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: 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. EPA's Response to Comments.
IV. What action is EPA taking?
V. Incorporation by Reference.
VI. Statutory and Executive Order Reviews.

I. What is being addressed in this document?

    EPA is approving amendments to Nebraska's SIP to include revisions 
to title 129 of the Nebraska Administrative Code, chapter 20, 
``Particulate Emissions; Limitations and Standards'' submitted to EPA 
on July 14, 2014. EPA proposed approval of the State's submission in 
its action published in the Federal Register on June 5, 2018 at 83 FR 
25975. The chapter 20 revisions provide clarity to the chapter. The 
revisions to chapter 20, being addressed in this action, were submitted 
as a part of a larger package, revising other title 129 chapters, 
submitted at the same time as the July 14, 2014 submittal. On April 6, 
2018, EPA took final action on two title 129 chapters, chapter 1 
``Definitions'', and chapter 15 ``Operating Permit Modifications; 
Reopening for Cause.'' In that final action, EPA stated it would take 
action separately on chapter 20. See 83 FR 14762. EPA is now taking a 
final action to approve revisions to chapter 20. The revisions to 
chapter 20 are described below.
    Nebraska's Department of Environmental Quality (NDEQ)

[[Page 42595]]

approved the revision to the chapter title by removing,''(EXCEPTIONS 
DUE TO BREAKDOWNS OR SCHEDULED MAINTENANCE: SEE CHAPTER 35)'' and 
replacing it with a stand alone statement of exception that reads: 
``For exceptions due to breakdowns or scheduled maintenance: see 
Chapter 35--COMPLIANCE; EXCEPTIONS DUE TO STARTUP, SHUTDOWN, OR 
MALFUNCTION.'' In addition, the submitted revision removes a footnote 
to table 20-2, making it a stand alone section numbered 007 and 
finally, the revision will add 008 clarifying that section 001 and 002 
of chapter 20 applies unless a more stringent particulate matter 
standard is specified in the underlying requirments of an applicable 
Federal rule or is specified within a construction permit issued under 
title 129.

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. In 
addition, as explained above, the revisions meet the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

III. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened on June 5, 
2018, the date of its publication in the Federal Register, and closed 
on July 5, 2018. During this period, EPA received four comments. After 
reviewing the comments, the EPA has determined that the comments are 
outside the scope of our proposed rule and fails to identify any 
material issue necessitating a response. Accordingly, the EPA will not 
provide a specific response to the comments. We note that the public 
comments received on this rulemaking action are available for review by 
the public and may be viewed by following the instructions for access 
to docket materials as outlined in the ADDRESSES section of this 
preamble.

IV. What action is EPA taking?

    EPA is taking final action to amend the Nebraska SIP, to include 
revisions to title 129, chapter 20 as submitted by NDEQ on July 14, 
2014.

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of 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 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).
    Therefore, these materials have been approved by EPA for inclusion 
in the State implementation plan, have been incorporated by reference 
by EPA into that plan, are fully Federally enforceable under sections 
110 and 113 of the CAA as of the effective date of the final rulemaking 
of EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act; 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 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 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, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 22, 2018. 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).)

[[Page 42596]]

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: August 16, 2018.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, 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

0
2. Amend Sec.  52.1420(c) by revising the entry for citation ``129-20'' 
to read as follows:


Sec.  52.1420  Identification of plan.

* * * * *
    (c)* * *

                                        EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
    Nebraska citation               Title          effective date     EPA Approval date         Explanation
----------------------------------------------------------------------------------------------------------------
                                                STATE OF NEBRASKA
----------------------------------------------------------------------------------------------------------------
                                       Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------
                                   Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
129-20...................  Particulate Emissions;       5/13/2014  8/23/2018, [Insert      .....................
                            Limitations and                         Federal Register
                            Standards.                              citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-18103 Filed 8-22-18; 8:45 am]
BILLING CODE 6560-50-P


