[Federal Register Volume 86, Number 93 (Monday, May 17, 2021)]
[Proposed Rules]
[Pages 26687-26688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10123]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0298; FRL-10023-53-Region 7]


Air Plan Approval; Nebraska; Revisions to Title 129 of the 
Nebraska Administrative Code; General Conformity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State Implementation Plan (SIP) submitted by 
the State of Nebraska on July 16, 2020. This proposed action will amend 
the SIP to revise title 129 of the Nebraska Administrative Code by 
removing a portion of the SIP that addresses general conformity. 
General Conformity ensures that the actions taken by federal agencies 
do not interfere with a state's plan to attain and maintain national 
standards for air quality. Since states are no longer required to 
include general conformity requirements in SIPs, these proposed 
revisions remove unnecessary language and do not substantively change 
any existing statutory or regulatory requirement. The proposed 
revisions do not impact the stringency of the SIP or air quality nor do 
they impact the State's ability to attain or maintain the National 
Ambient Air Quality Standards. The EPA's proposed approval of this rule 
revision is in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: Comments must be received on or before June 16, 2021.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0298 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: Allie Donohue, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7986; email address: donohue.allie@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the 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 the 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-2021-
0298, 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 amend Nebraska's SIP to include revisions 
to title 129 of the Nebraska Administrative Code. The EPA is proposing 
to approve revisions to the Nebraska SIP submitted by the State of 
Nebraska on July 16, 2020. Specifically, the EPA is proposing to amend 
the Nebraska SIP by removing a portion of the SIP as follows: Title 
129, Chapter 40. General Conformity. EPA is proposing approval of these 
revisions as they remove unnecessary language and do not substantively 
change any existing statutory or regulatory requirement.
    The EPA approved this rule into the Nebraska SIP in 1972. In August 
2005, Congress passed the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) which 
eliminated the requirement for states to adopt and submit General 
Conformity SIPs. Section 6011 of SAFETEA-LU revised the conformity 
requirements in section 176(c)of the CAA. Specifically, section 6011(f) 
revised section 176(c)(4)(A) of the CAA by deleting the requirement for 
the states to adopt and submit General Conformity SIPs.
    In 2010, EPA revised the General Conformity regulations to make the 
adoption and submittal of the General Conformity SIP optional for state 
and eligible federally-recognized tribal governments. See 75 FR 17253 
(April 5, 2010). Since there is no longer a requirement for SIPs to 
include general conformity requirements, EPA finds that the proposed 
revisions will not impact the stringency of the SIP or air quality.
    States are no longer required to have their own general conformity 
rules. If a state does not have a conformity SIP, then federal agencies 
will conduct an evaluation under the requirements of 40 CFR 93.150-
93.165. The SIP revision being proposed for approval by this action 
removes unnecessary language from the SIP and does not have an adverse 
effect on air quality in Nebraska.

III. Have the requirements for approval of a SIP revision been met?

    The State submission has met the public notice requirements for SIP

[[Page 26688]]

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 of this SIP revision from September 28, 
2019 to November 6, 2019 and held a public hearing on November 7, 2019. 
In a letter to the state dated November 7, 2019, the EPA stated that 
the agency ``has no comment on the proposed repeal of this 
regulation.'' The SIP revision meets the substantive requirements of 
the CAA, including section 110 and implementing regulations.

IV. What action is the EPA taking?

    The EPA is proposing to amend the Nebraska SIP by approving the 
state's request to remove Title 129 section 40. General Conformity. The 
removal of this portion of the SIP will remove unnecessary language and 
does not substantively change any existing statutory or regulatory 
requirement. The EPA has determined that these changes will not impact 
the stringency of the SIP or adversely impact air quality.
    The EPA is 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 amend regulatory text 
that includes incorporation by reference. As described in the proposed 
amendments to 40 CFR part 52 set forth below, the EPA is proposing to 
remove provisions of the EPA-Approved Nebraska Regulations from the 
Nebraska State Implementation Plan, which is incorporated by reference 
in accordance with the requirements of 1 CFR part 51.

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, 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);
     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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations.

    Dated: May 7, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
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

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2. In Sec.  52.1420, the table in paragraph (c) is amended by removing 
the entry ``129-40'' under the heading ``Title 129--Nebraska Air 
Quality Regulations''.

[FR Doc. 2021-10123 Filed 5-14-21; 8:45 am]
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