[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Rules and Regulations]
[Pages 29329-29331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08654]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2020-0036; FRL-10008-54-Region 7]


Air Plan Approval; Nebraska; Approval of State Implementation 
Plan and Operating Permits Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the removal of Nebraska Administrative Code title 
129, chapter 8, section 007.06 from Nebraska's State Implementation 
Plan (SIP) and title V provisions. Nebraska submitted this revision to 
the EPA on July 19, 2019. Title 129, chapter 8 contains Nebraska's 
operating permit program and is approved under title V and EPA's 
regulations. The EPA's approval of this action makes the State rule 
consistent with Federal regulations and strengthens the SIP and the 
title V program.

DATES: This final rule is effective on June 15, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2020-0036. 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: Lachala Kemp, Environmental Protection 
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7214; email 
address kemp.lachala@epa.gov.

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 taking final action to approve the removal of title 129, 
chapter 8, section 007.06 from the Nebraska Administrative Code of the 
previously approved SIP. Section 007.06 stated that permits used under 
title 129 chapter 8 superseded all other previously issued operating or 
construction permits. This section, which was previously approved in 
Nebraska's SIP, is inconsistent with the EPA's interpretation of the 
title V program. Title V permits include all SIP-approved permit terms, 
but do not supersede, void, replace or otherwise eliminate their legal 
existence and enforceability. This removal of this provision confirms 
that construction permits are not vacated when an operating permit is 
issued. Removal of this provision is appropriate, consistent with 
Federal regulations and strengthens both the title V program and the 
SIP. The EPA is taking final action for approval of this revision.

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 
State provided public notice on this SIP revision from February 28, 
2019 to April 3, 2019 and received one comment from EPA on March 5, 
2019, supporting the revision. 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. The EPA's Response to Comments

    The public comment period on the EPA's proposed rule opened 
February 13, 2020, the date of its publication in the Federal Register 
and closed on March 16, 2020 (85 FR 8240, February 13, 2020). During 
this period, EPA received one comment. The comment was not substantive 
or adverse and can be found in the docket.

IV. What action is the EPA taking?

    EPA is taking final action to approve the removal of title 129, 
chapter 8, section 007.06 from the Nebraska title V program and SIP 
because it is inconsistent with EPA's interpretation of the title V 
program.

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 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).

[[Page 29330]]

    Therefore, these materials have been approved by the 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 the 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 Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the 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 (Public Law 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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

40 CFR Part 70

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

    Dated: April 20, 2020.
James Gulliford,
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, the table in paragraph (c) is amended by revising 
the entry ``129-8'' 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
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                                                                    STATE OF NEBRASKA
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                                                           Department of Environmental Quality
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                                                       Title 129--Nebraska Air Quality Regulations
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                                                                      * * * * * * *
129-8............................  Operating Permit Content.       6/24/2019  5/15/2020, [insert Federal Register   ....................................
                                                                               citation].
 
                                                                      * * * * * * *
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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. Appendix A to part 70 is amended by adding paragraph (q) under 
``Nebraska; City of Omaha; Lincoln-Lancaster County Health Department'' 
to read as follows:

[[Page 29331]]

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *
    Nebraska; City of Omaha; Lincoln-Lancaster County Health 
Department
* * * * *
    (q) The Nebraska Department of Environment and Energy submitted 
revisions to NDEQ Title 129 Chapter 8 ``Operating Permit Content'' 
on July 19, 2019. The State effective date is June 24, 2019. The 
revision effective date is June 15, 2020.
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[FR Doc. 2020-08654 Filed 5-14-20; 8:45 am]
BILLING CODE 6560-50-P


