[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Rules and Regulations]
[Pages 14878-14881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07309]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2018-0852; FRL-9991-55-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the State Implementation Plan (SIP), and 
Operating Permits Program for the State of Nebraska as submitted on 
August 22, 2018. This action adopts 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 taking final 
action 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 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: This final rule is effective on May 13, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2018-0852. 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

[[Page 14879]]

Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219; telephone number (913) 551-7391; 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. 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?

    The EPA is approving 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 approving 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) removed 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 approved revisions to the Nebraska SIP. Title 
129, chapter 4, section 005, is revised 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.
    Revisions to chapter 20, of title 129, correcting references to and 
re-numbering tables 20-1 and 20-2 by moving the tables under the 
correct sections of the chapter for consistency are approved. Also 
being approved is text presently found in section 007 moving to section 
001 and renumbered as new subsection 001.01. Section 007 will be marked 
``Reserved''.
    Finally, EPA is approving revisions to chapter 34, of title 129, 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.

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 
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.

III. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened February 
20, 2019, the date of its publication in the Federal Register (84 FR 
5032), and closed on March 22, 2019. During this period, EPA received 
one comment. After reviewing the comment, the EPA determined that the 
comment is 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 comment. We note that the public 
comment received on this rulemaking action is 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?

    The EPA is approving into the Nebraska 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.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is incorporating by reference the Nebraska Regulations 
described in the amendments to 40 CFR part 52 set forth below. The 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 SIP, 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 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

[[Page 14880]]

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 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 June 11, 2019. 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, 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.

James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA is amending 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 date   EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
                                                State of Nebraska
                                       Department of Environmental Quality
                                   Title 129--Nebraska Air Quality Regulations
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129-1......................  Definitions.........       7/15/2018  4/12/2019, [Insert   The definition of
                                                                    Federal Register     ``solid waste'' is not
                                                                    citation].           approved into the SIP.
                                                                                         The second sentence
                                                                                         beginning at ``Solid
                                                                                         waste'' and ending at
                                                                                         ``discarded material'',
                                                                                         is not approved into
                                                                                         the SIP.
 
                                                  * * * * * * *
129-4......................  Ambient Air Quality        7/15/2018  4/12/2019, [Insert
                              Standards.                            Federal Register
                                                                    citation].
 
                                                  * * * * * * *
129-20.....................  Particulate                7/15/2018  4/12/2019, [Insert
                              Emissions:                            Federal Register
                              Limitations and                       citation].
                              Standards.
 
                                                  * * * * * * *
129-34.....................  Emission Sources;          7/15/2018  4/12/2019, [Insert
                              Testing; Monitoring.                  Federal Register
                                                                    citation].
 
                                                  * * * * * * *
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[[Page 14881]]

* * * * *

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 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 May 13, 2019.
* * * * *
[FR Doc. 2019-07309 Filed 4-11-19; 8:45 am]
 BILLING CODE 6560-50-P


