Approval of Nebraska's Air Quality Implementation Plans, 70023-70025 [2016-23975]
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<![CDATA[
70023
Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations
EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP
State citation
State
effective
date
Title/subject
EPA approval date
Additional explanation
District of Columbia Municipal Regulations (DCMR), Title 20—Environment
Chapter 1 General
*
*
Section 199 ..............................
*
*
Definitions and Abbreviations
*
*
08/16/15
*
*
*
*
10/11/16, [Insert Federal Reg- Added two new definitions.
ister citation].
*
*
*
*
Chapter 5 Source Monitoring and Testing
*
*
Sections 502.1 through 502.15
*
*
Sampling, Tests, and Measurements.
*
*
08/16/15
*
*
*
*
10/11/16, [Insert Federal Reg- Updates to sampling and testister citation].
ing practices for fuel oils.
Exceptions: Paragraphs
502.11, 502.12 and 502.14
are not part of the SIP.
*
*
*
*
Chapter 8 Asbestos, Sulfur and Nitrogen Oxides
Section 801 ..............................
Sulfur Content of Fuel Oils .....
08/16/15
10/11/16, [Insert Federal Register citation].
*
*
Section 899 ..............................
*
Definitions and Abbreviations
*
08/16/15
*
*
*
10/11/16, [Insert Federal Reg- Addition of new definitions that
ister citation].
relate to the handling and
storage of fuel oil.
*
*
*
*
*
*
*
*
[FR Doc. 2016–24372 Filed 10–7–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2016–0556; FRL–9953–61–
Region 7]
Approval of Nebraska’s Air Quality
Implementation Plans
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
Implementation Plan (SIP) for the State
of Nebraska as submitted on March 6,
2014, and July 14, 2014. This action will
amend the SIP to include revisions to
title 129 of the Nebraska Air Quality
Regulations, chapter 4, ‘‘Ambient Air
Quality Standards’’; chapter 19,
ehiers on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:37 Oct 07, 2016
Jkt 241001
*
*
‘‘Prevention of Significant Deterioration
of Air Quality’’; and chapter 22,
‘‘Incinerators; Emission Standards’’.
This amendment makes the state
regulation consistent with the National
Ambient Air Quality Standards
(NAAQS) for particulate matter 10
micrometers or less (PM10), fine
particulate matter 25 micrometers or
less (PM2.5), Sulfur dioxide, Nitrogen
dioxide, Carbon monoxide, Ozone, and
Lead, as of the date of the state
submittal. This action also makes
formatting and grammatical corrections
to title 129, chapters 19 and 22.
DATES: This direct final rule will be
effective December 12, 2016, without
further notice, unless EPA receives
adverse comment by November 10,
2016. If EPA receives adverse comment,
we 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–2016–0556, to https://
www.regulations.gov. Follow the online
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
Updates to the sulfur content
of No. 2 and No.4 fuel oils
and the prohibition of the
use of No. 5 fuel oil.
*
*
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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. 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://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Crable, Environmental Protection
E:\FR\FM\11OCR1.SGM
11OCR1
Greg
70024
Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at 913–551–7391,
or by email at crable.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is EPA taking?
I. What is being addressed in this
document?
EPA is approving revisions into the
SIP to include amendments to title 129
of the Nebraska Air Quality Regulations
as they apply to chapter 4, ‘‘Ambient
Air Quality Standards’’; chapter 19,
‘‘Prevention of Significant Deterioration
of Air Quality’’; and chapter 22,
‘‘Incinerators; Emission Standards’’.
Chapter 4 is amended making it
consistent with the Federal standards
found at 40 CFR part 50, in regards to
the NAAQS for all six criteria air
pollutants, as of July 14, 2014. The
amendments submitted on March 6,
2014, make formatting and grammatical
corrections to chapters 19 and 22. For
additional information on the revisions
to chapter 4, 19 and 22 see the detailed
discussion table in the docket.
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II. Have the requirements for approval
of a SIP 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, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
III. What action is EPA taking?
EPA is approving the state’s request
submitted on July 14, 2014, to revise the
SIP to include revisions to the National
Ambient Air Quality Standards for all
six criteria pollutants consistent with
the Federal standards, as of the date of
the state’s submittal. Per the state’s
March 6, 2014, submittal EPA is also
approving minor formatting and
grammatical corrections to chapters 19
and 22.
We are publishing this direct final
rule without a prior proposed rule
because we view this as a
noncontroversial action and anticipate
no adverse comment. EPA does not
anticipate adverse comment because the
revisions to the existing rules are
routine and consistent with the Federal
regulations, thereby, strengthening the
VerDate Sep<11>2014
14:37 Oct 07, 2016
Jkt 241001
SIP. However, in the ‘‘Proposed Rules’’
section of this Federal Register, we are
publishing a separate document that
will serve as the proposed rule to revise
title 129 of the Nebraska Air Quality
Regulations, chapters 4, 19 and 22 if
adverse comments are received on this
direct final rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time. For further
information about commenting on this
rule, see the ADDRESSES section of this
document. If EPA receives adverse
comment, we will publish a timely
withdrawal in the Federal Register
informing the public that this direct
final rule will not take effect. We will
address all public comments in any
subsequent final rule based on the
proposed rule.
Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Nebraska Regulations
described in the direct final
amendments to 40 CFR part 52 set forth
below. Therefore, these materials have
been approved by 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 EPA’s approval, and
will be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
EPA has made, and will continue to
make, these documents generally
available electronically through
www.regulations.gov and at the
appropriate EPA office (see the
ADDRESSES section of this preamble for
more information).
Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Accordingly,
this action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
1 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00026
Fmt 4700
Sfmt 4700
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
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; 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).
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
E:\FR\FM\11OCR1.SGM
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70025
Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 12, 2016. 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).)
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
List of Subjects in 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 dioxide, Volatile
organic compounds.
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart CC—Nebraska
2. Section 52.1420(c) is amended by
revising entries for 129–4, 129–19 and
129–22 to read as follows:
■
Dated: September 27, 2016.
Mike Brincks,
Acting Regional Administrator, Region 7.
§ 52.1420
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as set forth below:
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEBRASKA REGULATIONS
Nebraska citation
State effective
date
Title
EPA Approval date
Explanation
STATE OF NEBRASKA
Department of Environmental Quality
Title 129—Nebraska Air Quality Regulations
*
129–4 ................
*
Ambient Air Quality
Standards.
*
*
129–19 ..............
*
Prevention of Significant
Deterioration of Air
Quality.
*
*
129–22 ..............
*
Incinerators; Emission
Standards.
*
*
*
*
*
*
*
*
5/13/14
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2016–0571; FRL–9953–77–
Region 7]
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*
*
*
10/11/16, [Insert Federal
Register citation].
*
*
*
*
*
*
*
Direct final rule.
Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to Missouri’s
State Implementation Plan (SIP),
Operating Permits Program, and 112(l)
Plan. The April 6, 2016, request from
Missouri revises fees for permitting
services provided by the air quality
program, including construction permit
applications and operating permit
applications. Missouri also removed the
basic operating permit requirement in
their ‘‘Operating Permits’’ rule for
incinerators with emissions less than
the de minimis levels. While EPA has
never approved the basic operating
permit program into Missouri’s SIP or
Missouri’s Operating Permits Program,
SUMMARY:
BILLING CODE 6560–50–P
Approval of Missouri’s Air Quality
Implementation Plans, Operating
Permits Program, and 112(l) Plan;
Construction Permits Required
Environmental Protection
Agency (EPA).
AGENCY:
14:37 Oct 07, 2016
*
10/11/16, [Insert Federal
Register citation].
*
12/9/13
ACTION:
[FR Doc. 2016–23975 Filed 10–7–16; 8:45 am]
VerDate Sep<11>2014
*
*
*
This revision to Chapter 4 amends the ambient air
quality standards for PM10, PM2.5, SO2, NO2,
CO, O3, and Pb making them consistent with National Ambient Air Quality Standards (NAAQS)
found at 40 CFR part 50, as of the date of the
state’s submittal, July 14, 2014.
12/9/13
*
*
10/11/16, [Insert Federal
Register citation].
Jkt 241001
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
one statement on incinerators in the
approved SIP and Operating Permits
Program is removed by the submission.
This statement applied the ‘‘Operating
Permits’’ rule to all incinerators within
the State. Any permittees with
incinerators already required to have
either Intermediate State Operating
Permits or part 70 Operating Permits
will still have the same permitting
requirements. This revision does not
exempt any incinerators from
appropriate permitting. Likewise, any
future permittees with incinerators
under the former version of the SIP and
Operating Permits Program would have
required either an Intermediate State
Operating Permit or a part 70 Operating
Permit will still have the same
E:\FR\FM\11OCR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Rules and Regulations]
[Pages 70023-70025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23975]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2016-0556; FRL-9953-61-Region 7]
Approval of Nebraska's Air Quality Implementation Plans
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State Implementation Plan
(SIP) for the State of Nebraska as submitted on March 6, 2014, and July
14, 2014. This action will amend the SIP to include revisions to title
129 of the Nebraska Air Quality Regulations, chapter 4, ``Ambient Air
Quality Standards''; chapter 19, ``Prevention of Significant
Deterioration of Air Quality''; and chapter 22, ``Incinerators;
Emission Standards''. This amendment makes the state regulation
consistent with the National Ambient Air Quality Standards (NAAQS) for
particulate matter 10 micrometers or less (PM10), fine
particulate matter 25 micrometers or less (PM2.5), Sulfur
dioxide, Nitrogen dioxide, Carbon monoxide, Ozone, and Lead, as of the
date of the state submittal. This action also makes formatting and
grammatical corrections to title 129, chapters 19 and 22.
DATES: This direct final rule will be effective December 12, 2016,
without further notice, unless EPA receives adverse comment by November
10, 2016. If EPA receives adverse comment, we 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-2016-0556, to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. 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://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection
[[Page 70024]]
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at 913-551-7391, or by email at
crable.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
I. What is being addressed in this document?
EPA is approving revisions into the SIP to include amendments to
title 129 of the Nebraska Air Quality Regulations as they apply to
chapter 4, ``Ambient Air Quality Standards''; chapter 19, ``Prevention
of Significant Deterioration of Air Quality''; and chapter 22,
``Incinerators; Emission Standards''. Chapter 4 is amended making it
consistent with the Federal standards found at 40 CFR part 50, in
regards to the NAAQS for all six criteria air pollutants, as of July
14, 2014. The amendments submitted on March 6, 2014, make formatting
and grammatical corrections to chapters 19 and 22. For additional
information on the revisions to chapter 4, 19 and 22 see the detailed
discussion table in the docket.
II. Have the requirements for approval of a SIP 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, the revision meets the substantive SIP requirements of the
CAA, including section 110 and implementing regulations.
III. What action is EPA taking?
EPA is approving the state's request submitted on July 14, 2014, to
revise the SIP to include revisions to the National Ambient Air Quality
Standards for all six criteria pollutants consistent with the Federal
standards, as of the date of the state's submittal. Per the state's
March 6, 2014, submittal EPA is also approving minor formatting and
grammatical corrections to chapters 19 and 22.
We are publishing this direct final rule without a prior proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. EPA does not anticipate adverse comment because the
revisions to the existing rules are routine and consistent with the
Federal regulations, thereby, strengthening the SIP. However, in the
``Proposed Rules'' section of this Federal Register, we are publishing
a separate document that will serve as the proposed rule to revise
title 129 of the Nebraska Air Quality Regulations, chapters 4, 19 and
22 if adverse comments are received on this direct final rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document. If EPA receives adverse comment, we will publish a
timely withdrawal in the Federal Register informing the public that
this direct final rule will not take effect. We will address all public
comments in any subsequent final rule based on the proposed rule.
Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Nebraska
Regulations described in the direct final amendments to 40 CFR part 52
set forth below. Therefore, these materials have been approved by 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 EPA's approval, and will be incorporated by
reference by the Director of the Federal Register in the next update to
the SIP compilation.\1\ EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and at the appropriate EPA office (see the
ADDRESSES section of this preamble for more information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; 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).
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
[[Page 70025]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 12, 2016. 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 in 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 dioxide, Volatile organic compounds.
Dated: September 27, 2016.
Mike Brincks,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 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
0
2. Section 52.1420(c) is amended by revising entries for 129-4, 129-19
and 129-22 to read as follows:
Sec. 52.1420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
State
Nebraska citation Title effective date EPA Approval date Explanation
----------------------------------------------------------------------------------------------------------------
STATE OF NEBRASKA
----------------------------------------------------------------------------------------------------------------
Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------
Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
129-4.................... Ambient Air Quality 5/13/14 10/11/16, [Insert This revision to Chapter
Standards. Federal Register 4 amends the ambient air
citation]. quality standards for
PM10, PM2.5, SO2, NO2,
CO, O3, and Pb making
them consistent with
National Ambient Air
Quality Standards
(NAAQS) found at 40 CFR
part 50, as of the date
of the state's
submittal, July 14,
2014.
* * * * * * *
129-19................... Prevention of 12/9/13 10/11/16, [Insert
Significant Federal Register
Deterioration of citation].
Air Quality.
* * * * * * *
129-22................... Incinerators; 12/9/13 10/11/16, [Insert
Emission Standards. Federal Register
citation].
* * * * * * *
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[FR Doc. 2016-23975 Filed 10-7-16; 8:45 am]
BILLING CODE 6560-50-P
