Approval of Nebraska Air Quality Implementation Plan; Particulate Emissions; Limitations and Standards, 42594-42596 [2018-18103]
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42594
Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations
EPA-APPROVED NEBRASKA REGULATIONS—Continued
Nebraska
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State effective
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Definitions of Terms .......................
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BILLING CODE 6560–50–P
40 CFR Part 52
[EPA–R07–OAR–2018–0188; FRL–9982–
06—Region 7]
Approval of Nebraska Air Quality
Implementation Plan; Particulate
Emissions; Limitations and Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the State
Implementation Plan (SIP) submitted on
July 14, 2014, by the State of Nebraska.
This final action will amend the SIP to
include revisions to title 129 of the
Nebraska Administrative Code, chapter
20 ‘‘Particulate Emissions; Limitations
and Standards’’. The revisions make
clear that the emission rates in the rule
apply to applicable sources except when
a more stringent Federal rule or limit in
a construction permit exists. Other
minor administrative revisions are also
being made. Approval of these revisions
will not impact air quality, ensures
consistency between the State and
Federally approved rules, and ensures
SUMMARY:
daltland on DSKBBV9HB2PROD with RULES
Federal RegFederal Reg-
Federal RegFederal RegFederal Reg*
This final rule is effective on
September 24, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2018–0188. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT: Greg
Crable, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at (913) 551–
7391, or by email at crable.gregory@
epa.gov.
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
16:16 Aug 22, 2018
*
Federal Reg-
Federal enforceability of the State’s
rules.
*
[FR Doc. 2018–18104 Filed 8–22–18; 8:45 am]
VerDate Sep<11>2014
6/8/2004
Federal Reg-
Jkt 244001
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?
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
II. Have the requirements for approval of a
SIP Revision been met?
III. EPA’s Response to Comments.
IV. What action is EPA taking?
V. Incorporation by Reference.
VI. Statutory and Executive Order Reviews.
I. What is being addressed in this
document?
EPA is approving amendments to
Nebraska’s SIP to include revisions to
title 129 of the Nebraska Administrative
Code, chapter 20, ‘‘Particulate
Emissions; Limitations and Standards’’
submitted to EPA on July 14, 2014. EPA
proposed approval of the State’s
submission in its action published in
the Federal Register on June 5, 2018 at
83 FR 25975. The chapter 20 revisions
provide clarity to the chapter. The
revisions to chapter 20, being addressed
in this action, were submitted as a part
of a larger package, revising other title
129 chapters, submitted at the same
time as the July 14, 2014 submittal. On
April 6, 2018, EPA took final action on
two title 129 chapters, chapter 1
‘‘Definitions’’, and chapter 15
‘‘Operating Permit Modifications;
Reopening for Cause.’’ In that final
action, EPA stated it would take action
separately on chapter 20. See 83 FR
14762. EPA is now taking a final action
to approve revisions to chapter 20. The
revisions to chapter 20 are described
below.
Nebraska’s Department of
Environmental Quality (NDEQ)
E:\FR\FM\23AUR1.SGM
23AUR1
Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations
approved the revision to the chapter
title by removing,’’(EXCEPTIONS DUE
TO BREAKDOWNS OR SCHEDULED
MAINTENANCE: SEE CHAPTER 35)’’
and replacing it with a stand alone
statement of exception that reads: ‘‘For
exceptions due to breakdowns or
scheduled maintenance: see Chapter
35—COMPLIANCE; EXCEPTIONS DUE
TO STARTUP, SHUTDOWN, OR
MALFUNCTION.’’ In addition, the
submitted revision removes a footnote
to table 20–2, making it a stand alone
section numbered 007 and finally, the
revision will add 008 clarifying that
section 001 and 002 of chapter 20
applies unless a more stringent
particulate matter standard is specified
in the underlying requirments of an
applicable Federal rule or is specified
within a construction permit issued
under title 129.
II. Have the requirements for approval
of a SIP Revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. In addition, as
explained above, the revisions meet the
substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
daltland on DSKBBV9HB2PROD with RULES
III. EPA’s Response to Comments
The public comment period on EPA’s
proposed rule opened on June 5, 2018,
the date of its publication in the Federal
Register, and closed on July 5, 2018.
During this period, EPA received four
comments. After reviewing the
comments, the EPA has determined that
the comments are outside the scope of
our proposed rule and fails to identify
any material issue necessitating a
response. Accordingly, the EPA will not
provide a specific response to the
comments. We note that the public
comments received on this rulemaking
action are available for review by the
public and may be viewed by following
the instructions for access to docket
materials as outlined in the ADDRESSES
section of this preamble.
IV. What action is EPA taking?
EPA is taking final action to amend
the Nebraska SIP, to include revisions to
title 129, chapter 20 as submitted by
NDEQ on July 14, 2014.
V. 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
VerDate Sep<11>2014
16:16 Aug 22, 2018
Jkt 244001
by reference of the Nebraska Regulations
described in the amendments to 40 CFR
part 52 set forth below. EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 7 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
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 in the next
update to the SIP compilation.1
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (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
1 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00011
Fmt 4700
Sfmt 4700
42595
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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 22, 2018.
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).)
E:\FR\FM\23AUR1.SGM
23AUR1
42596
Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations
Dated: August 16, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
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 oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Subpart CC—Nebraska
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
2. Amend § 52.1420(c) by revising the
entry for citation ‘‘129–20’’ to read as
follows:
■
§ 52.1420
*
1. The authority citation for part 52
continues to read as follows:
■
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
*
129–20 ............
*
*
Particulate Emissions; Limitations
and Standards.
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 412
RIN 0938–ZB49
Medicare Program; Certain Changes to
the Low-Volume Hospital Payment
Adjustment Under the Hospital
Inpatient Prospective Payment
Systems (IPPS) for Acute Care
Hospitals for Fiscal Years 2011
Through 2017
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Application of a payment
adjustment.
AGENCY:
*
*
*
*
*
Jkt 244001
On March 23, 2018 the Consolidated
Appropriations Act, 2018 (Pub. L. 115–
141) was enacted. Section 429 of the
Consolidated Appropriations Act, 2018
makes certain changes to the payment
adjustment for low-volume hospitals for
fiscal years (FYs) 2011 through 2017
relating to the application of the mileage
criterion for Indian Health Service and
non-Indian Health Service facilities.
II. Provisions of the Document
This document announces
changes to the payment adjustment for
low-volume hospitals under the hospital
inpatient prospective payment systems
(IPPS) for acute care hospitals for fiscal
years (FYs) 2011 through 2017 in
accordance with section 429 of the
Consolidated Appropriations Act, 2018.
DATES: Effective date: August 22, 2018.
SUMMARY:
daltland on DSKBBV9HB2PROD with RULES
*
I. Background
[CMS–1709–N]
16:16 Aug 22, 2018
*
*
8/23/2018, [Insert Federal Register citation].
Applicability date: The provisions
described in this document are
applicable for discharges on or after
October 1, 2010, and on or before
September 30, 2017, in accordance with
section 429 of the Consolidated
Appropriations Act, 2018.
FOR FURTHER INFORMATION CONTACT:
Michele Hudson, (410) 786–5490.; Mark
Luxton, (410) 786–4530.
SUPPLEMENTARY INFORMATION:
*
[FR Doc. 2018–18103 Filed 8–22–18; 8:45 am]
VerDate Sep<11>2014
5/13/2014
A. Changes to the Payment Adjustment
for Low-Volume Hospitals in FYs 2011
Through 2017
1. Background
Section 1886(d)(12) of the Act
provides for an additional payment to
each qualifying low-volume hospital
under the Hospital Inpatient Prospective
Payment Systems (IPPS) for Acute Care
Hospitals beginning in FY 2005. CMS
implemented this provision in the
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
regulations at 42 CFR 412.101. The
payment adjustment to a low-volume
hospital provided for under section
1886(d)(12) of the Act is ‘‘[i]n addition
to any payment calculated under this
section.’’ Therefore, meaning the
payment adjustment is based on the per
discharge amount paid to the qualifying
hospital under section 1886 of the Act.
In other words, the low-volume hospital
payment adjustment is based on total
per discharge payments made under
section 1886 of the Act, including
capital, disproportionate share hospital
(DSH), indirect medical education
(IME), and outlier payments. For sole
community hospitals (SCHs) and
Medicare-dependent hospitals (MDHs),
the low-volume hospital payment
adjustment is based in part on either the
Federal rate or the hospital-specific rate,
whichever results in a greater operating
IPPS payment.
The Affordable Care Act amended
section 1886(d)(12) of the Act by
modifying the definition of a lowvolume hospital and the methodology
for calculating the payment adjustment
for low-volume hospitals, effective only
for discharges occurring during FYs
2011 and 2012, and subsequent
legislation extended those temporary
modifications through FY 2018. (The
most recent statutory extension of those
temporary changes to the low-volume
hospital payment policy was for FY
2018 and is discussed in a document
E:\FR\FM\23AUR1.SGM
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Agencies
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Rules and Regulations]
[Pages 42594-42596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18103]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2018-0188; FRL-9982-06--Region 7]
Approval of Nebraska Air Quality Implementation Plan; Particulate
Emissions; Limitations and Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the State Implementation Plan (SIP)
submitted on July 14, 2014, by the State of Nebraska. This final action
will amend the SIP to include revisions to title 129 of the Nebraska
Administrative Code, chapter 20 ``Particulate Emissions; Limitations
and Standards''. The revisions make clear that the emission rates in
the rule apply to applicable sources except when a more stringent
Federal rule or limit in a construction permit exists. Other minor
administrative revisions are also being made. Approval of these
revisions will not impact air quality, ensures consistency between the
State and Federally approved rules, and ensures Federal enforceability
of the State's rules.
DATES: This final rule is effective on September 24, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2018-0188. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at (913) 551-7391, or by email at
[email protected].
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. EPA's Response to Comments.
IV. What action is EPA taking?
V. Incorporation by Reference.
VI. Statutory and Executive Order Reviews.
I. What is being addressed in this document?
EPA is approving amendments to Nebraska's SIP to include revisions
to title 129 of the Nebraska Administrative Code, chapter 20,
``Particulate Emissions; Limitations and Standards'' submitted to EPA
on July 14, 2014. EPA proposed approval of the State's submission in
its action published in the Federal Register on June 5, 2018 at 83 FR
25975. The chapter 20 revisions provide clarity to the chapter. The
revisions to chapter 20, being addressed in this action, were submitted
as a part of a larger package, revising other title 129 chapters,
submitted at the same time as the July 14, 2014 submittal. On April 6,
2018, EPA took final action on two title 129 chapters, chapter 1
``Definitions'', and chapter 15 ``Operating Permit Modifications;
Reopening for Cause.'' In that final action, EPA stated it would take
action separately on chapter 20. See 83 FR 14762. EPA is now taking a
final action to approve revisions to chapter 20. The revisions to
chapter 20 are described below.
Nebraska's Department of Environmental Quality (NDEQ)
[[Page 42595]]
approved the revision to the chapter title by removing,''(EXCEPTIONS
DUE TO BREAKDOWNS OR SCHEDULED MAINTENANCE: SEE CHAPTER 35)'' and
replacing it with a stand alone statement of exception that reads:
``For exceptions due to breakdowns or scheduled maintenance: see
Chapter 35--COMPLIANCE; EXCEPTIONS DUE TO STARTUP, SHUTDOWN, OR
MALFUNCTION.'' In addition, the submitted revision removes a footnote
to table 20-2, making it a stand alone section numbered 007 and
finally, the revision will add 008 clarifying that section 001 and 002
of chapter 20 applies unless a more stringent particulate matter
standard is specified in the underlying requirments of an applicable
Federal rule or is specified within a construction permit issued under
title 129.
II. Have the requirements for approval of a SIP Revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above, the revisions meet the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
III. EPA's Response to Comments
The public comment period on EPA's proposed rule opened on June 5,
2018, the date of its publication in the Federal Register, and closed
on July 5, 2018. During this period, EPA received four comments. After
reviewing the comments, the EPA has determined that the comments are
outside the scope of our proposed rule and fails to identify any
material issue necessitating a response. Accordingly, the EPA will not
provide a specific response to the comments. We note that the public
comments received on this rulemaking action are available for review by
the public and may be viewed by following the instructions for access
to docket materials as outlined in the ADDRESSES section of this
preamble.
IV. What action is EPA taking?
EPA is taking final action to amend the Nebraska SIP, to include
revisions to title 129, chapter 20 as submitted by NDEQ on July 14,
2014.
V. 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 amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 7
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion
in the 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 in the next
update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (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 Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 22, 2018. 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).)
[[Page 42596]]
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 oxides, Volatile organic compounds.
Dated: August 16, 2018.
James B. Gulliford,
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
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2. Amend Sec. 52.1420(c) by revising the entry for citation ``129-20''
to read as follows:
Sec. 52.1420 Identification of plan.
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(c)* * *
EPA-Approved Nebraska Regulations
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State
Nebraska citation Title effective date EPA Approval date Explanation
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STATE OF NEBRASKA
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Department of Environmental Quality
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Title 129--Nebraska Air Quality Regulations
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129-20................... Particulate Emissions; 5/13/2014 8/23/2018, [Insert .....................
Limitations and Federal Register
Standards. citation].
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[FR Doc. 2018-18103 Filed 8-22-18; 8:45 am]
BILLING CODE 6560-50-P