Approval and Promulgation of Implementation Plans and Operating Permits Program; State of Nebraska, 38776-38780 [E6-10730]
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EPA—APPROVED MISSISSIPPI REGULATIONS—Continued
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APC–S–5 Regulations for the Prevention of Significant Deterioration of Air Quality
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Regulations for the Prevention of Significant Deterioration of Air Quality.
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[FR Doc. E6–10745 Filed 7–7–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2006–0476; FRL–8192–5]
Approval and Promulgation of
Implementation Plans and Operating
Permits Program; State of Nebraska
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is approving revisions to
the State Implementation Plan (SIP) and
Operating Permits Programs submitted
by the state of Nebraska. This action
revises monitoring requirements which
were found to be less stringent than the
applicable Federal rule; adds permitsby-rule provisions, which would
provide a streamlined approach for
issuing construction/operating permits
for hot mix asphalt plants and small
animal incinerators; and deletes the
chemical compound ethylene glycol
monobutyl ether from the list of
regulated hazardous air pollutants in
Appendices II and III. Approval of these
revisions will ensure consistency
between the state and Federallyapproved rules, and ensure Federal
enforceability of the state’s revised air
program rules.
DATES: This direct final rule will be
effective September 8, 2006, without
further notice, unless EPA receives
adverse comment by August 9, 2006. If
adverse comment is received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2006–0476, by one of the
following methods:
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07/10/2006 [Insert citation of publication]
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: rios.shelly@epa.gov.
3. Mail: Shelly Rios-LaLuz,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
4. Hand Delivery or Courier: Deliver
your comments to Shelly Rios-LaLuz,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2006–
0476. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations. gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
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encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
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 either electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
901 North 5th Street, Kansas City,
Kansas 66101. The Regional Office’s
official hours of business are Monday
through Friday, 8 a.m. to 4:30 p.m.
excluding Federal holidays. The
interested persons wanting to examine
these documents should make an
appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT:
Shelly Rios-LaLuz at (913) 551–7296, or
by e-mail at rios.shelly@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This section provides additional
information by addressing the following
questions:
What Is A SIP?
What Is The Federal Approval Process for a
SIP?
What Does Federal Approval of a State
Regulation Mean to Me?
What Is the Part 70 Operating Permits
Program?
What Is the Federal Approval Process for an
Operating Permits Program?
What Is Being Addressed in This Document?
What Is EPA’s Analysis of These Revisions?
Have the Requirements for Approval of a SIP
and Part 70 Revision Been Met?
What Action Is EPA Taking?
What Is a SIP?
Section 110 of the Clean Air Act (CAA
or Act) requires states to develop air
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pollution regulations and control
strategies to ensure that state air quality
meets the national ambient air quality
standards established by EPA. These
ambient standards are established under
section 109 of the CAA, and they
currently address six criteria pollutants.
These pollutants are: carbon monoxide,
nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide.
Each state must submit these
regulations and control strategies to us
for approval and incorporation into the
Federally-enforceable SIP.
Each Federally-approved SIP protects
air quality primarily by addressing air
pollution at its point of origin. These
SIPs can be extensive, containing state
regulations or other enforceable
documents and supporting information
such as emission inventories,
monitoring networks, and modeling
demonstrations.
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What Is the Federal Approval Process
for a SIP?
In order for state regulations to be
incorporated into the Federallyenforceable SIP, states must formally
adopt the regulations and control
strategies consistent with State and
Federal requirements. This process
generally includes a public notice,
public hearing, public comment period,
and a formal adoption by a stateauthorized rulemaking body.
Once a state rule, regulation, or
control strategy is adopted, the state
submits it to us for inclusion into the
SIP. We must provide public notice and
seek additional public comment
regarding the proposed Federal action
on the state submission. If adverse
comments are received, they must be
addressed prior to any final Federal
action by us.
All state regulations and supporting
information approved by EPA under
section 110 of the CAA are incorporated
into the Federally-approved SIP.
Records of such SIP actions are
maintained in the Code of Federal
Regulations (CFR) at title 40, part 52,
entitled ‘‘Approval and Promulgation of
Implementation Plans.’’ The actual state
regulations which are approved are not
reproduced in their entirety in the CFR
outright but are ‘‘incorporated by
reference,’’ which means that we have
approved a given state regulation with
a specific effective date.
What Does Federal Approval of a State
Regulation Mean to Me?
Enforcement of the state regulation
before and after it is incorporated into
the Federally-approved SIP is primarily
a state responsibility. However, after the
regulation is Federally approved, we are
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authorized to take enforcement action
against violators. Citizens are also
offered legal recourse to address
violations as described in section 304 of
the CAA.
What Is the Part 70 Operating Permits
Program?
The CAA Amendments of 1990
require all states to develop operating
permits programs that meet certain
Federal criteria. In implementing this
program, the states are to require certain
sources of air pollution to obtain
permits that contain all applicable
requirements under the CAA. One
purpose of the part 70 operating permits
program is to improve enforcement by
issuing each source a single permit that
consolidates all of the applicable CAA
requirements into a Federallyenforceable document. By consolidating
all of the applicable requirements for a
facility into one document, the source,
the public, and the permitting
authorities can more easily determine
what CAA requirements apply and how
compliance with those requirements is
determined.
Sources required to obtain an
operating permit under this program
include ‘‘major’’ sources of air pollution
and certain other sources specified in
the CAA or in our implementing
regulations. For example, all sources
regulated under the acid rain program,
regardless of size, must obtain permits.
Examples of major sources include
those that emit 100 tons per year or
more of volatile organic compounds,
carbon monoxide, lead, sulfur dioxide,
nitrogen dioxide, or PM10; those that
emit 10 tons per year of any single
hazardous air pollutant (HAP)
(specifically listed under the CAA); or
those that emit 25 tons per year or more
of a combination of HAPs.
Revision to the State and local
agencies operating permits program are
also subject to public notice, comment,
and our approval.
What Is the Federal Approval Process
for an Operating Permits Program?
In order for state regulations to be
included in the Federally-enforceable
Title V operating permits program,
states must formally adopt regulations
consistent with state and Federal
requirements. This process generally
includes a public notice, public hearing,
public comment period, and a formal
adoption by a state-authorized
rulemaking body.
Once a state rule, regulation, or
control strategy is adopted, the state
submits it to us for inclusion into the
approved operating permits program.
We must provide public notice and seek
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additional public comment regarding
the proposed Federal action on the state
submission. If adverse comments are
received, they must be addressed prior
to any final Federal action by us.
All state regulations and supporting
information approved by EPA under
section 502 of the CAA, including
revisions to the state program, are
included in the Federally-approved
operating permits program. Records of
such actions are maintained in the CFR
at Title 40, part 70, appendix A, entitled
‘‘Approval Status of State and Local
Operating Permits Programs.’’
What Is Being Addressed in This
Document?
On October 20, 2005, we received a
request from the State of Nebraska to
approve revisions to Nebraska’s State
Implementation Plan and Part 70
Operating Permits Program. This request
amends Nebraska’s SIP to replace or
update provisions currently found in
Title 129, Chapter 34—Emission
Sources; Testing; Monitoring; Appendix
II—Hazardous Air Pollutants. This
request also amends Nebraska’s Part
70—Operating Permits Program to
update Appendix III—Reporting Levels
of Hazardous Air Pollutants for
Emissions Inventory. Furthermore, this
submittal requests the addition of Title
129, Chapter 42—Permits-By-Rule to the
SIP. Proposed revisions to Nebraska’s
SIP were approved by the Nebraska
Department of Environmental Quality
(NDEQ) on September 5, 2002,
December 5, 2002 and March 4, 2005.
Revisions to Title 129 adopted on
September 5, 2002, and December 5,
2002, were first submitted to EPA on
June 4, 2004; however, approvability
issues were identified, and we did not
act on the request to add Chapter 42 to
Nebraska’s SIP at that time.
Subsequently, we worked with NDEQ to
resolve the approvability issues so that
Nebraska could resubmit Chapter 42 for
inclusion into the SIP.
This action also addresses revisions to
Title 129—Nebraska Air Quality
Regulations, Chapter 34, Appendix II
and Appendix III. The purpose of these
revisions is to revise monitoring
requirements in Chapter 34 which were
found to be less stringent than the
Federal requirements, to delete the
chemical compound ethylene glycol
monobutyl ether from the list of
regulated hazardous air pollutants in
Appendices II and III.
The purpose of Chapter 42—Permitsby-Rule is to provide a streamlined
approach for issuing construction/
operating permits to certain minor
source categories such as hot mix
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asphalt plants and small animal
incinerators.
What Is EPA’s Analysis of These
Revisions?
The revision to Chapter 34.005 makes
the rule consistent with 40 CFR part 51
appendix P, paragraph 2.1.1.2. This
provision establishes continuous
monitoring requirements for certain
sources. The Federal rule also exempts
sources from monitoring requirements if
they burn certain types of fuel and if a
source has never been out of compliance
with applicable particulate emission
standards or visibility standards in a
state rule. Prior to this revisions of
section 005, the state rule allowed the
exemption if the source has not been out
of compliance with these standards in
the preceding five years. This rule was
not incorporated into the Nebraska SIP
because it was less stringent than the
Federal requirement. Because NDEQ has
now revised its rule to be consistent
with the Federal rule, EPA is approving
it into the SIP.
Revisions to Title 129—Appendices II
and III, which list hazardous air
pollutants and reporting levels for
emissions inventory purposes, were
made in response to the delisting by
EPA of the chemical compound
ethylene glycol monobutyl ether from
the regulated lists of Hazardous Air
Pollutants.
The addition of Chapter 42 will offer
Permits-by-Rule provisions which will
provide a streamlined approach for
issuing permits to various categories of
sources. Nebraska’s rule applies to
minor sources in these source
categories, including new, existing and
temporary sources that have been
approved by NDEQ for coverage under
a permit-by-rule. Under these
provisions, sources that are approved
for a permit by rule are considered to
have fulfilled the duty to obtain a
construction and/or operating permit as
required by Title 129, Chapter 17 and
Chapter 5, respectively, unless required
to do so by any other legal requirement.
This is expected to significantly reduce
NDEQ’s resource burden by allowing
sources in specified categories to
operate under these provisions, as
opposed to requiring them to apply for
individual permits.
In addition, this will allow for
resources to be spent in oversight of
sources covered by the rule and in
issuing individual permits to larger and
more diverse sources not covered under
these provisions.
The industry categories that are
eligible to apply for a permit-by-rule
include hot mix asphalt plants and
small animal incinerators. A hot mix
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asphalt plant is defined in this rule as
a facility that is comprised of generators;
heaters; dryers; systems for screening,
handling, storing and weighing hot
aggregate; systems for loading,
transferring and storing aggregate
materials; system for mixing hot mix
asphalt; and associated emission control
systems. A small animal incinerator is
defined as a facility that is used to burn
deceased animal remains and is
comprised of a dual-chamber design,
consisting of a primary charging
chamber and a secondary chamber (or
after burner) with burners located in
each burner.
NDEQ has ensured that provisions
included in this rule are protective of
human health and of the NAAQS by:
• Not allowing sources and/or
emission units that are subject to the
prevention of significant deterioration
(PSD) program or that will be operated
as a major source pursuant to the Class
I operating permit program under Title
129, Chapter 5, to be eligible for a
permit-by-rule.
• Not allowing provisions established
in this rule to supersede any other
applicable Federal requirements or a
previously issued construction or
operating permit (unless a technical
demonstration is submitted which
shows that the prior requirements are
unnecessary to protect the NAAQS or
PSD increment).
• Prohibiting a source that obtains a
permit-by-rule to locate in or relocate to
a nonattainment area.
• Including provisions which require
that the owner or operator of any new,
existing or temporary sources intended
to be covered under a permit-by-rule
notify NDEQ before construction begins
(in the case of construction permits) or
before operation begins (in the case of
operating permits).
• Including provisions that require
the source to submit the necessary
information to conduct an air quality
impact assessment as requested or as
deemed appropriate by the Director of
NDEQ.
• Establishing actions that will be
taken against sources that have not
complied with the permit-by-rule.
• Requiring that the source provide
annual emissions inventory data or
other necessary information to
determine the impact of sources under
a permit-by-rule to maintain the
ambient air quality standards.
• Requiring notification to NDEQ and
the local agencies, as applicable, of a
change in location for temporary
sources and determination of new
hourly limits.
• Including record keeping
requirements that would allow
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evaluation and enforcement of the limits
and conditions contained in the rule.
• Establishing performance testing to
evaluate compliance with provisions of
the permit-by-rule.
• For hot mix asphalt plants,
requiring the use of an air emissions
computation program provided by
NDEQ to establish hourly production
limits and hourly generator combustion
limits which will be used to conduct
dispersion modeling to establish hourly
limits that comply with the NAAQS.
• For hot mix asphalt plants, limiting
the amount of diesel fuel that can be
used on a monthly and a consecutive
12-month basis.
• For hot mix asphalt plants,
requiring that the appropriate emissions
control technology be installed.
• For small animal incinerators,
establishing a restriction of the percent
of medical/infectious waste that can be
included per load to be incinerated.
In addition, NDEQ submitted a
demonstration showing that, for each
category covered by the rule, emission
limits established in the rule are
protective of the NAAQS accounting for
the worst-case scenario for each source
category.
Have the Requirements for Approval of
a SIP and Part 70 Revision Been Met?
The state submittal has met the public
notice requirements for SIP submissions
in accordance with 40 CFR 51.102. The
submittal also satisfied the
completeness criteria of 40 CFR part 51,
appendix V. In addition, as explained
above and in more detail in the
technical support document which is
part of this document, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations. The revision
also meets the applicable requirements
of Title V and EPA regulations for
revision to the operating permit
program.
What Action Is EPA Taking?
We are processing this action as a
direct final action because the revisions
make routine changes to the existing
rules and other changes which are
noncontroversial. Therefore, we do not
anticipate any adverse comments.
Please note that if EPA receives adverse
comment on part of this rule and if that
part can be severed from the remainder
of the rule, EPA may adopt as final
those parts of the rule that are not the
subject of an adverse comment.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
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therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it 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).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA. This rule also is not subject to
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
In reviewing State submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 September 8,
2006. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule 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
Administrative practice and
procedure, Air pollution control,
Intergovernmental relations, Operating
permits, Reporting and recordkeeping
requirements.
Dated: June 19, 2006.
William W. Rice,
Acting Regional Administrator, Region 7.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart CC—Nebraska
2. In § 52.1420 the table in paragraph
(c) is amended by revising the entries
for 129–34, 129–42, and Appendix II to
read as follows:
I
§ 52.1420
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Identification of plan.
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(c) * * *
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EPA-APPROVED NEBRASKA REGULATIONS
Nebraska citation
Title
State effective date
EPA approval date
Explanation
State of Nebraska Department of Environmental Quality
Title 129—Nebraska Air Quality Regulations
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129–34 ...............................
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Emission Sources; Testing; Monitoring.
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5/7/2005 ............................
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129–42 ...............................
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Permits-By-Rule ................
*
11/20/2002, 4/8/2003, 5/7/
2005.
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7/10/2006 [insert FR
number where the
ment begins].
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7/10/2006 [insert FR
number where the
ment begins].
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EPA-APPROVED NEBRASKA REGULATIONS—Continued
Nebraska citation
Title
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Appendix II .........................
*
*
*
*
*
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Hazardous Air Pollutants
(HAPs).
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PART 70—[AMENDED]
1. The authority citation for part 70
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Appendix A—[Amended]
2. Appendix A to Part 70 is amended
by adding paragraph (i) under Nebraska;
City of Omaha; Lincoln-Lancaster
County Health Department to read as
follows:
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Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
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Nebraska; City of Omaha; LincolnLancaster County Health Department.
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(i) The Nebraska Department of
Environmental Quality approved a revision
to NDEQ Title 129, Appendix III on May 2,
2005, which became effective May 7, 2005.
This revision was submitted on October 20,
2005. We are approving this program revision
effective September 8, 2006.
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[FR Doc. E6–10730 Filed 7–7–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket No. FEMA–7933]
Suspension of Community Eligibility
Mitigation Division, Federal
Emergency Management Agency
(FEMA), Department of Homeland
Security.
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
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EPA approval date
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5/7/2005 ............................
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7/10/2006 [insert FR page
number where the document begins].
management requirements of the
program. If FEMA receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
ADDRESSES: If you want to determine
whether a particular community was
suspended on the suspension date,
contact the appropriate FEMA Regional
Office.
FOR FURTHER INFORMATION CONTACT:
William H. Lesser, Mitigation Division,
500 C Street, SW., Washington, DC
20472, (202) 646–2807.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
communities agree to adopt and
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
coverage as authorized under the NFIP,
42 U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with program regulations, 44 CFR part
59 et seq. Accordingly, the communities
will be suspended on the effective date
in the third column. As of that date,
flood insurance will no longer be
available in the community. However,
some of these communities may adopt
and submit the required documentation
of legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
their eligibility for the sale of insurance.
A notice withdrawing the suspension of
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Explanation
*
the communities will be published in
the Federal Register.
In addition, FEMA has identified the
Special Flood Hazard Areas (SFHAs) in
these communities by publishing a
Flood Insurance Rate Map (FIRM). The
date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may legally be provided for
construction or acquisition of buildings
in identified SFHAs for communities
not participating in the NFIP and
identified for more than a year, on
FEMA’s initial flood insurance map of
the community as having flood-prone
areas (section 202(a) of the Flood
Disaster Protection Act of 1973, 42
U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment under 5 U.S.C. 553(b)
are impracticable and unnecessary
because communities listed in this final
rule have been adequately notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act
This rule is categorically excluded
from the requirements of 44 CFR Part
10, Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act
The Administrator has determined
that this rule is exempt from the
requirements of the Regulatory
Flexibility Act because the National
Flood Insurance Act of 1968, as
amended, 42 U.S.C. 4022, prohibits
flood insurance coverage unless an
appropriate public body adopts
E:\FR\FM\10JYR1.SGM
10JYR1
]]>Agencies
[Federal Register Volume 71, Number 131 (Monday, July 10, 2006)]
[Rules and Regulations]
[Pages 38776-38780]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10730]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2006-0476; FRL-8192-5]
Approval and Promulgation of Implementation Plans and Operating
Permits Program; State of Nebraska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the State Implementation Plan
(SIP) and Operating Permits Programs submitted by the state of
Nebraska. This action revises monitoring requirements which were found
to be less stringent than the applicable Federal rule; adds permits-by-
rule provisions, which would provide a streamlined approach for issuing
construction/operating permits for hot mix asphalt plants and small
animal incinerators; and deletes the chemical compound ethylene glycol
monobutyl ether from the list of regulated hazardous air pollutants in
Appendices II and III. Approval of these revisions will ensure
consistency between the state and Federally-approved rules, and ensure
Federal enforceability of the state's revised air program rules.
DATES: This direct final rule will be effective September 8, 2006,
without further notice, unless EPA receives adverse comment by August
9, 2006. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2006-0476, by one of the following methods:
1. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: rios.shelly@epa.gov.
3. Mail: Shelly Rios-LaLuz, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
4. Hand Delivery or Courier: Deliver your comments to Shelly Rios-
LaLuz, Environmental Protection Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2006-0476. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations. gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through https://
www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. 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 either electronically in https://
www.regulations.gov or in hard copy at the Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. The Regional Office's official hours of
business are Monday through Friday, 8 a.m. to 4:30 p.m. excluding
Federal holidays. The interested persons wanting to examine these
documents should make an appointment with the office at least 24 hours
in advance.
FOR FURTHER INFORMATION CONTACT: Shelly Rios-LaLuz at (913) 551-7296,
or by e-mail at rios.shelly@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:
What Is A SIP?
What Is The Federal Approval Process for a SIP?
What Does Federal Approval of a State Regulation Mean to Me?
What Is the Part 70 Operating Permits Program?
What Is the Federal Approval Process for an Operating Permits
Program?
What Is Being Addressed in This Document?
What Is EPA's Analysis of These Revisions?
Have the Requirements for Approval of a SIP and Part 70 Revision
Been Met?
What Action Is EPA Taking?
What Is a SIP?
Section 110 of the Clean Air Act (CAA or Act) requires states to
develop air
[[Page 38777]]
pollution regulations and control strategies to ensure that state air
quality meets the national ambient air quality standards established by
EPA. These ambient standards are established under section 109 of the
CAA, and they currently address six criteria pollutants. These
pollutants are: carbon monoxide, nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide.
Each state must submit these regulations and control strategies to
us for approval and incorporation into the Federally-enforceable SIP.
Each Federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
What Is the Federal Approval Process for a SIP?
In order for state regulations to be incorporated into the
Federally-enforceable SIP, states must formally adopt the regulations
and control strategies consistent with State and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the state submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given state regulation with a specific effective date.
What Does Federal Approval of a State Regulation Mean to Me?
Enforcement of the state regulation before and after it is
incorporated into the Federally-approved SIP is primarily a state
responsibility. However, after the regulation is Federally approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.
What Is the Part 70 Operating Permits Program?
The CAA Amendments of 1990 require all states to develop operating
permits programs that meet certain Federal criteria. In implementing
this program, the states are to require certain sources of air
pollution to obtain permits that contain all applicable requirements
under the CAA. One purpose of the part 70 operating permits program is
to improve enforcement by issuing each source a single permit that
consolidates all of the applicable CAA requirements into a Federally-
enforceable document. By consolidating all of the applicable
requirements for a facility into one document, the source, the public,
and the permitting authorities can more easily determine what CAA
requirements apply and how compliance with those requirements is
determined.
Sources required to obtain an operating permit under this program
include ``major'' sources of air pollution and certain other sources
specified in the CAA or in our implementing regulations. For example,
all sources regulated under the acid rain program, regardless of size,
must obtain permits. Examples of major sources include those that emit
100 tons per year or more of volatile organic compounds, carbon
monoxide, lead, sulfur dioxide, nitrogen dioxide, or PM10;
those that emit 10 tons per year of any single hazardous air pollutant
(HAP) (specifically listed under the CAA); or those that emit 25 tons
per year or more of a combination of HAPs.
Revision to the State and local agencies operating permits program
are also subject to public notice, comment, and our approval.
What Is the Federal Approval Process for an Operating Permits Program?
In order for state regulations to be included in the Federally-
enforceable Title V operating permits program, states must formally
adopt regulations consistent with state and Federal requirements. This
process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the approved operating
permits program. We must provide public notice and seek additional
public comment regarding the proposed Federal action on the state
submission. If adverse comments are received, they must be addressed
prior to any final Federal action by us.
All state regulations and supporting information approved by EPA
under section 502 of the CAA, including revisions to the state program,
are included in the Federally-approved operating permits program.
Records of such actions are maintained in the CFR at Title 40, part 70,
appendix A, entitled ``Approval Status of State and Local Operating
Permits Programs.''
What Is Being Addressed in This Document?
On October 20, 2005, we received a request from the State of
Nebraska to approve revisions to Nebraska's State Implementation Plan
and Part 70 Operating Permits Program. This request amends Nebraska's
SIP to replace or update provisions currently found in Title 129,
Chapter 34--Emission Sources; Testing; Monitoring; Appendix II--
Hazardous Air Pollutants. This request also amends Nebraska's Part 70--
Operating Permits Program to update Appendix III--Reporting Levels of
Hazardous Air Pollutants for Emissions Inventory. Furthermore, this
submittal requests the addition of Title 129, Chapter 42--Permits-By-
Rule to the SIP. Proposed revisions to Nebraska's SIP were approved by
the Nebraska Department of Environmental Quality (NDEQ) on September 5,
2002, December 5, 2002 and March 4, 2005. Revisions to Title 129
adopted on September 5, 2002, and December 5, 2002, were first
submitted to EPA on June 4, 2004; however, approvability issues were
identified, and we did not act on the request to add Chapter 42 to
Nebraska's SIP at that time. Subsequently, we worked with NDEQ to
resolve the approvability issues so that Nebraska could resubmit
Chapter 42 for inclusion into the SIP.
This action also addresses revisions to Title 129--Nebraska Air
Quality Regulations, Chapter 34, Appendix II and Appendix III. The
purpose of these revisions is to revise monitoring requirements in
Chapter 34 which were found to be less stringent than the Federal
requirements, to delete the chemical compound ethylene glycol monobutyl
ether from the list of regulated hazardous air pollutants in Appendices
II and III.
The purpose of Chapter 42--Permits-by-Rule is to provide a
streamlined approach for issuing construction/operating permits to
certain minor source categories such as hot mix
[[Page 38778]]
asphalt plants and small animal incinerators.
What Is EPA's Analysis of These Revisions?
The revision to Chapter 34.005 makes the rule consistent with 40
CFR part 51 appendix P, paragraph 2.1.1.2. This provision establishes
continuous monitoring requirements for certain sources. The Federal
rule also exempts sources from monitoring requirements if they burn
certain types of fuel and if a source has never been out of compliance
with applicable particulate emission standards or visibility standards
in a state rule. Prior to this revisions of section 005, the state rule
allowed the exemption if the source has not been out of compliance with
these standards in the preceding five years. This rule was not
incorporated into the Nebraska SIP because it was less stringent than
the Federal requirement. Because NDEQ has now revised its rule to be
consistent with the Federal rule, EPA is approving it into the SIP.
Revisions to Title 129--Appendices II and III, which list hazardous
air pollutants and reporting levels for emissions inventory purposes,
were made in response to the delisting by EPA of the chemical compound
ethylene glycol monobutyl ether from the regulated lists of Hazardous
Air Pollutants.
The addition of Chapter 42 will offer Permits-by-Rule provisions
which will provide a streamlined approach for issuing permits to
various categories of sources. Nebraska's rule applies to minor sources
in these source categories, including new, existing and temporary
sources that have been approved by NDEQ for coverage under a permit-by-
rule. Under these provisions, sources that are approved for a permit by
rule are considered to have fulfilled the duty to obtain a construction
and/or operating permit as required by Title 129, Chapter 17 and
Chapter 5, respectively, unless required to do so by any other legal
requirement. This is expected to significantly reduce NDEQ's resource
burden by allowing sources in specified categories to operate under
these provisions, as opposed to requiring them to apply for individual
permits.
In addition, this will allow for resources to be spent in oversight
of sources covered by the rule and in issuing individual permits to
larger and more diverse sources not covered under these provisions.
The industry categories that are eligible to apply for a permit-by-
rule include hot mix asphalt plants and small animal incinerators. A
hot mix asphalt plant is defined in this rule as a facility that is
comprised of generators; heaters; dryers; systems for screening,
handling, storing and weighing hot aggregate; systems for loading,
transferring and storing aggregate materials; system for mixing hot mix
asphalt; and associated emission control systems. A small animal
incinerator is defined as a facility that is used to burn deceased
animal remains and is comprised of a dual-chamber design, consisting of
a primary charging chamber and a secondary chamber (or after burner)
with burners located in each burner.
NDEQ has ensured that provisions included in this rule are
protective of human health and of the NAAQS by:
Not allowing sources and/or emission units that are
subject to the prevention of significant deterioration (PSD) program or
that will be operated as a major source pursuant to the Class I
operating permit program under Title 129, Chapter 5, to be eligible for
a permit-by-rule.
Not allowing provisions established in this rule to
supersede any other applicable Federal requirements or a previously
issued construction or operating permit (unless a technical
demonstration is submitted which shows that the prior requirements are
unnecessary to protect the NAAQS or PSD increment).
Prohibiting a source that obtains a permit-by-rule to
locate in or relocate to a nonattainment area.
Including provisions which require that the owner or
operator of any new, existing or temporary sources intended to be
covered under a permit-by-rule notify NDEQ before construction begins
(in the case of construction permits) or before operation begins (in
the case of operating permits).
Including provisions that require the source to submit the
necessary information to conduct an air quality impact assessment as
requested or as deemed appropriate by the Director of NDEQ.
Establishing actions that will be taken against sources
that have not complied with the permit-by-rule.
Requiring that the source provide annual emissions
inventory data or other necessary information to determine the impact
of sources under a permit-by-rule to maintain the ambient air quality
standards.
Requiring notification to NDEQ and the local agencies, as
applicable, of a change in location for temporary sources and
determination of new hourly limits.
Including record keeping requirements that would allow
evaluation and enforcement of the limits and conditions contained in
the rule.
Establishing performance testing to evaluate compliance
with provisions of the permit-by-rule.
For hot mix asphalt plants, requiring the use of an air
emissions computation program provided by NDEQ to establish hourly
production limits and hourly generator combustion limits which will be
used to conduct dispersion modeling to establish hourly limits that
comply with the NAAQS.
For hot mix asphalt plants, limiting the amount of diesel
fuel that can be used on a monthly and a consecutive 12-month basis.
For hot mix asphalt plants, requiring that the appropriate
emissions control technology be installed.
For small animal incinerators, establishing a restriction
of the percent of medical/infectious waste that can be included per
load to be incinerated.
In addition, NDEQ submitted a demonstration showing that, for each
category covered by the rule, emission limits established in the rule
are protective of the NAAQS accounting for the worst-case scenario for
each source category.
Have the Requirements for Approval of a SIP and Part 70 Revision Been
Met?
The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations. The revision also meets the applicable
requirements of Title V and EPA regulations for revision to the
operating permit program.
What Action Is EPA Taking?
We are processing this action as a direct final action because the
revisions make routine changes to the existing rules and other changes
which are noncontroversial. Therefore, we do not anticipate any adverse
comments. Please note that if EPA receives adverse comment on part of
this rule and if that part can be severed from the remainder of the
rule, EPA may adopt as final those parts of the rule that are not the
subject of an adverse comment.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and
[[Page 38779]]
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action merely approves state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing State submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 September 8, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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
Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Operating permits, Reporting and
recordkeeping requirements.
Dated: June 19, 2006.
William W. Rice,
Acting Regional Administrator, Region 7.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
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 entries for 129-34, 129-42, and Appendix II to read as follows:
Sec. 52.1420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
State effective
Nebraska citation Title date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
State of Nebraska Department of Environmental Quality
Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
129-34.......................... Emission Sources; 5/7/2005.......... 7/10/2006 [insert
Testing; FR page number
Monitoring. where the
document begins].
* * * * * * *
129-42.......................... Permits-By-Rule... 11/20/2002, 4/8/ 7/10/2006 [insert
2003, 5/7/2005. FR page number
where the
document begins].
[[Page 38780]]
* * * * * * *
Appendix II..................... Hazardous Air 5/7/2005.......... 7/10/2006 [insert
Pollutants (HAPs). FR page number
where the
document begins].
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 70--[AMENDED]
0
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Appendix A--[Amended]
0
2. Appendix A to Part 70 is amended by adding paragraph (i) 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.
* * * * *
(i) The Nebraska Department of Environmental Quality approved a
revision to NDEQ Title 129, Appendix III on May 2, 2005, which
became effective May 7, 2005. This revision was submitted on October
20, 2005. We are approving this program revision effective September
8, 2006.
* * * * *
[FR Doc. E6-10730 Filed 7-7-06; 8:45 am]
BILLING CODE 6560-50-P
