[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Rules and Regulations]
[Pages 42592-42594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18104]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2018-0307; FRL-9982-07--Region 7]


Air Plan Approval; Nebraska; Revisions to Title 115 of the 
Nebraska Administrative Code; Rules of Practice and Procedure

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Nebraska State Implementation Plan (SIP) addressing 
the legal practices and procedures that govern the Nebraska Department 
of Environmental Quality (NDEQ) relating to public record law and the 
State's Administrative Procedure Act. The State revised their 
regulations based on legislative amendments to the State's 
Administrative Procedure Act and the public record laws which imposed 
additional requirements on the Nebraska Department of Environmental 
Quality. Specifically, revisions are being made to definitions, filings 
and correspondence, public record availability and confidentiality, 
public hearings, contested cases, emergency proceeding hearings, 
declaratory rulings, rulemaking and variances. These revisions do not 
impact air quality, do not revise emission limits or procedures, nor do 
they impact the State's ability to attain or maintain the National 
Ambient Air Quality Standards.

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-2018-0307. 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. 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 taking final action to approve revisions to the SIP 
submitted by the State of Nebraska on August 28, 2014. This action will 
amend the SIP to revise title 115 of the Nebraska Administrative Code. 
Title 115 addresses the legal practices and procedures that govern the 
Nebraska Department of Environmental Quality (NDEQ) relating to public 
record law and the State's Administrative Procedure Act. EPA proposed 
approval of Nebraska's SIP submission in its action published in the 
Federal Register on June 5, 2018, at 83 FR 25977. The last revision to 
title 115, Rules of Practice and Procedure, was approved on January 4, 
1995, at 60 FR 372. Since that time, the legislature has amended the 
Administrative Procedure Act and the public record laws which impose 
additional requirements on NDEQ. NDEQ has adopted the revisions to 
title 115 and has requested EPA amend the SIP.
    This action amends the SIP by revising chapter 1, Definitions of 
Terms; chapter 2, Filings and Correspondence; chapter 3, Public Records 
Availability; chapter 4, Public Records Confidentiality; chapter 5, 
Public Hearings; chapter 7, Contested Cases; chapter 8, Emergency 
Proceeding Hearings; chapter 9, Declaratory Rulings; and chapter 10, 
Rulemaking. Also, this action approves the revision to the chapter 
titles for chapters 2, 4, 8, 9 and 10. No revisions are being made to 
chapter 6, Voluntary Compliance. Chapter 11, Variances, is being 
deleted. The revisions to title 115 are numerous and can be found in 
the August 28, 2014 State submission which is part of the docket.
    Specifically, the changes to chapters 1, 2, 7, 8, 9 and 10 conform 
regulatory language to the Attorney General's model rules. Revisions to 
chapters 3 and 5 better describe the procedures already in place by 
practice for obtaining public records and public hearings on permit 
decisions or fact-finding hearings that are required by law. Revisions 
to chapter 4 clarify the procedures for asserting a claim of 
confidentiality trade secrets. Finally, chapter 11 is being deleted 
from title 115 because it is duplicative and found in chapter 33 of 
title 129.
    EPA is approving these revisions as they are not fundamentally 
different from a procedural standpoint from existing rules. These 
revisions do not impact air quality. The revisions do not revise 
emission limits or procedures, nor do they impact the state's ability 
to attain or maintain the National Ambient Air Quality Standards.

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 revised title 115 
chapters were placed on public notice on January 30, 2004, and a public 
hearing was held by the NDEQ on March 5, 2004. During the public 
hearing NDEQ received three comments. NDEQ addressed each of the 
comments and made no change to the rule based on comments received. The 
submission also satisfied the completeness criteria of 40 CFR part 51, 
appendix V. In addition, as explained above, and as demonstrated in the 
documents in the docket, the revisions meet the substantive SIP 
requirements of the Clean Air Act (CAA), including section 110 and 
implementing regulations.

[[Page 42593]]

III. Response to Comments

    The EPA proposed action on this SIP, published in the Federal 
Register on June 5, 2018, (83 FR 25977) received no comments.

IV. What action is EPA taking?

    EPA is taking final action to amend the Nebraska SIP. This action 
will amend the SIP to revise title 115 of the Nebraska Administrative 
Code ``Nebraska Rules of Practice and Procedure.'' The revisions to 
title 115 update the NDEQ rules of practice and
    procedure to incorporate legislative changes that have been made to 
the State's Administrative Procedure Act and the public record laws.

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

 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:
0
a. Revising the entries for citations 115-1, 115-2, 115-3, 115-4, 115-
5, 115-7, 115-8, 115-9, and 115-10;
0
b. Removing the entry for citation 115-11.
    The revisions read as follows:


Sec.  52.1420  Identification of plan.

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    (c) * * *

                                        EPA-Approved Nebraska Regulations
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                                                        State
    Nebraska  citation              Title          effective date     EPA approval date         Explanation
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                                                STATE OF NEBRASKA
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                                       Department of Environmental Quality
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[[Page 42594]]

 
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                                   Title 115--Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------
115-1....................  Definitions of Terms..        6/8/2004  8/23/2018, [Insert
                                                                    Federal Register
                                                                    citation].
115-2....................  Petition for                  6/8/2004  8/23/2018, [Insert
                            Declaratory Order.                      Federal Register
                                                                    citation].
115-3....................  Public Records                6/8/2004  8/23/2018, [Insert
                            Availability.                           Federal Register
                                                                    citation].
115-4....................  Confidentiality for           6/8/2004  8/23/2018, [Insert
                            Trade Secrets.                          Federal Register
                                                                    citation].
115-5....................  Public Hearings.......        6/8/2004  8/23/2018, [Insert
                                                                    Federal Register
                                                                    citation].
 
                                                  * * * * * * *
115-7....................  Contested Cases.......        6/8/2004  8/23/2018, [Insert
                                                                    Federal Register
                                                                    citation].
115-8....................  Intervention in a             6/8/2004  8/23/2018, [Insert
                            Contested Case.                         Federal Register
                                                                    citation].
115-9....................  Ex Parte                      6/8/2004  8/23/2018, [Insert
                            Communications                          Federal Register
                            Prohibited.                             citation].
115-10...................  Petition for                  6/8/2004  8/23/2018, [Insert
                            Rulemaking.                             Federal Register
                                                                    citation].
 
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[FR Doc. 2018-18104 Filed 8-22-18; 8:45 am]
BILLING CODE 6560-50-P


