
[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Proposed Rules]
[Pages 5032-5035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02832]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2018-0852; FRL-9989-07-Region 7]


Air Plan Approval and Approval of Operating Permits Program; 
Nebraska; Adoption of the 2015 Ozone Standard and Revisions to 
Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of revisions to the State Implementation Plan (SIP), and 
Operating Permits Program for the State of Nebraska as submitted on 
August 22, 2018. This action proposes to adopt the 2015 primary and 
secondary National Ambient Air Quality Standards for Ozone, published 
in the Federal Register on October 26, 2015. The EPA is also proposing 
to approve revisions which are administrative in nature. These 
revisions include updating a reference to EPA's regulation used in the 
definition of ``Global Warming

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Potentials'', removing ``Greenhouse Gases'' from the definition of 
``Regulated Air Pollutant'', and updating a reference to EPA's 
regulations used in the definition of ``Volatile Organic Compound''. 
Other typographical and reformatting 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: Comments must be received on or before March 22, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2018-0852 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: Greg Crable, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219; telephone number (913) 551-7391; email address 
crable.gregory@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to 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 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-2018-
0852, 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 revisions to the State 
Implementation Plan (SIP) and the Operating Permit Program submitted on 
August 22, 2018, by the State of Nebraska. Nebraska's August 22, 2018, 
submittal included revisions to chapters 1, 4, 20, 28 and 34 of title 
129. In this action, EPA is only addressing revisions to title 129 of 
the Nebraska Administrative Code, chapter 1 ``Definitions''; chapter 4 
``Ambient Air Quality Standards''; chapter 20 ``Particulate Emissions; 
Limitations and Standards''; and chapter 34 ``Emission Sources; 
Testing; Monitoring''. The EPA is not acting on chapter 28 ``Hazardous 
Air Pollutant; Emissions and Standards'', although included in the 
state's submission, because the chapter is not approved in the Nebraska 
SIP.
    The EPA is proposing revisions to the Nebraska SIP and Operating 
Permits Program for title 129, chapter 1 ``Definitions''. The revision 
to title 129, chapter 1, section 064, updates the reference for ``Table 
A-1--Global Warming Potentials'', and the effective date of the 
reference. The revision to section 109 of chapter 1 corrects a 
typographical error clarifying the meaning of ``person'', ensuring 
consistency with the Federal definition. Nebraska Department of 
Environmental Quality (NDEQ) is removing section 130.05, ``Greenhouse 
gases'' and section 130.05A from the definition of ``Regulated Air 
Pollutant'', as a result of the Supreme Court's invalidation of 
portions of the Greenhouse Gas Tailoring Rule. Finally, the revision to 
chapter 1, section 160, ``Volatile Organic Compounds'', updates the 
reference to the appropriate sections of the Federal regulation 
pertaining to these rules and the effective date of the reference.
    The following are proposed revisions to the Nebraska SIP. Title 
129, chapter 4, section 005, is proposed for revision by adopting the 
2015 primary and secondary National Ambient Air Quality Standards for 
Ozone, (80 FR 65292, October 26, 2015), and by revising the reference 
to include appendix U to 40 CFR part 50 to be consistent with Federal 
regulations, and by updating the effective date of the reference.
    Chapter 20, of title 129, is proposed for revision to correct 
references to and re-number tables 20-1 and 20-2 by moving the tables 
under the correct sections of the chapter for consistency. Text 
presently found in section 007 is being moved to section 001 and 
renumbered as new subsection 001.01. Section 007 is marked 
``Reserved''.
    Finally, chapter 34, of title 129 is proposed for revision by 
correcting the typographical error in section 002.02 in the effective 
date of 40 CFR part 60 appendices. This revision clarifies the 
effective date by replacing the date July 12, 2002 with July 1, 2002.

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 
revised chapters were placed on public notice on May 1, 2017, and a 
public hearing was held by the State of Nebraska on June 13, 2017, 
where no comments were received. In addition, as explained above, the 
revision meets the substantive SIP requirements of the Clean Air Act 
(CAA), including section 110 and implementing regulations.

IV. What action is EPA taking?

    The EPA is proposing to approve into the SIP and as applicable, 
into the Operating Permits Program, revisions to title 129, chapters 1, 
4, 20 and 34 as submitted by NDEQ on August 22, 2018. 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 include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, EPA is proposing to 
incorporate by reference the Nebraska Regulations described in the 
proposed 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).

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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 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 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

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.

40 CFR Part 70

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

    Dated: February 8, 2019.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
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, paragraph (c), the table is amended by revising 
entries ``129-1 Definitions'', ``129-4 Ambient Air Quality Standards'', 
``129-20 Particulate Emissions; Limitations and Standards'', and ``129-
34 Emission Sources; Testing; Monitoring'' to 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
----------------------------------------------------------------------------------------------------------------
                                                State of Nebraska
----------------------------------------------------------------------------------------------------------------
                                       Department of Environmental Quality
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                                   Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1......................  Definitions...........    7/15/2018  [Date of publication
                                                                   of the final rule in
                                                                   the Federal
                                                                   Register], [Federal
                                                                   Register citation of
                                                                   the final rule].
 
                                                  * * * * * * *
129-4......................  Ambient Air Quality       7/15/2018  [Date of publication
                              Standards.                           of the final rule in
                                                                   the Federal
                                                                   Register], [Federal
                                                                   Register citation of
                                                                   the final rule].
 
                                                  * * * * * * *
129-20.....................  Particulate Emissions:    7/15/2018  [Date of publication
                              Limitations and                      of the final rule in
                              Standards.                           the Federal
                                                                   Register], [Federal
                                                                   Register citation of
                                                                   the final rule].
 
                                                  * * * * * * *
129-34.....................  Emission Sources;         7/15/2018  [Date of publication
                              Testing; Monitoring.                 of the final rule in
                                                                   the Federal
                                                                   Register], [Federal
                                                                   Register citation of
                                                                   the final rule].
 

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* * * * *

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. Amend appendix A to part 70 by adding new paragraph (p) 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

* * * * *
    (p) The Nebraska Department of Environmental Quality submitted 
revisions to The Nebraska Administrative Code, title 129, chapter 1, 
``Definitions'' on August 22, 2018. The state effective date is July 
15, 2018. This revision is effective [date 60 days after date of 
publication of the final rule in the Federal Register].
* * * * *
[FR Doc. 2019-02832 Filed 2-19-19; 8:45 am]
 BILLING CODE 6560-50-P


