Air Plan Approval; Nebraska; Revisions to Title 115 of the Nebraska Administrative Code; Rules of Practice and Procedure, 42592-42594 [2018-18104]
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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations
The revisions read as follows:
§ 52.1675 Control strategy and
regulations: Sulfur oxides.
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(d) [Reserved]
(e) Any exception or variance
promulgated by the Commissioner
under 6 NYCRR Sections 225–1.3 and
1.4(b) shall not exempt any person from
the requirements otherwise imposed by
6 NYCRR Subpart 225–1; provided that
the Administrator may approve such
exception or variance as a plan revision
when the provisions of this part, section
110 (a)(3)(A) of the Act, and 40 CFR part
51 (relating to approval of and revisions
to State implementation plans) have
been satisfied with respect to such
exception or variance.
[FR Doc. 2018–18115 Filed 8–22–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2018–0307; FRL–9982–
07—Region 7]
Air Plan Approval; Nebraska;
Revisions to Title 115 of the Nebraska
Administrative Code; Rules of Practice
and Procedure
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Nebraska State Implementation Plan
(SIP) addressing the legal practices and
procedures that govern the Nebraska
Department of Environmental Quality
(NDEQ) relating to public record law
and the State’s Administrative
Procedure Act. The State revised their
regulations based on legislative
amendments to the State’s
Administrative Procedure Act and the
public record laws which imposed
additional requirements on the
Nebraska Department of Environmental
Quality. Specifically, revisions are being
made to definitions, filings and
correspondence, public record
availability and confidentiality, public
hearings, contested cases, emergency
proceeding hearings, declaratory
rulings, rulemaking and variances.
These revisions do not impact air
quality, do not revise emission limits or
procedures, nor do they impact the
State’s ability to attain or maintain the
National Ambient Air Quality
Standards.
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SUMMARY:
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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–2018–0307. 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:
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. 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 taking final action to approve
revisions to the SIP submitted by the
State of Nebraska on August 28, 2014.
This action will amend the SIP to revise
title 115 of the Nebraska Administrative
Code. Title 115 addresses the legal
practices and procedures that govern the
Nebraska Department of Environmental
Quality (NDEQ) relating to public record
law and the State’s Administrative
Procedure Act. EPA proposed approval
of Nebraska’s SIP submission in its
action published in the Federal Register
on June 5, 2018, at 83 FR 25977. The
last revision to title 115, Rules of
Practice and Procedure, was approved
on January 4, 1995, at 60 FR 372. Since
that time, the legislature has amended
the Administrative Procedure Act and
the public record laws which impose
additional requirements on NDEQ.
NDEQ has adopted the revisions to title
115 and has requested EPA amend the
SIP.
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This action amends the SIP by
revising chapter 1, Definitions of Terms;
chapter 2, Filings and Correspondence;
chapter 3, Public Records Availability;
chapter 4, Public Records
Confidentiality; chapter 5, Public
Hearings; chapter 7, Contested Cases;
chapter 8, Emergency Proceeding
Hearings; chapter 9, Declaratory
Rulings; and chapter 10, Rulemaking.
Also, this action approves the revision
to the chapter titles for chapters 2, 4, 8,
9 and 10. No revisions are being made
to chapter 6, Voluntary Compliance.
Chapter 11, Variances, is being deleted.
The revisions to title 115 are numerous
and can be found in the August 28, 2014
State submission which is part of the
docket.
Specifically, the changes to chapters
1, 2, 7, 8, 9 and 10 conform regulatory
language to the Attorney General’s
model rules. Revisions to chapters 3 and
5 better describe the procedures already
in place by practice for obtaining public
records and public hearings on permit
decisions or fact-finding hearings that
are required by law. Revisions to
chapter 4 clarify the procedures for
asserting a claim of confidentiality trade
secrets. Finally, chapter 11 is being
deleted from title 115 because it is
duplicative and found in chapter 33 of
title 129.
EPA is approving these revisions as
they are not fundamentally different
from a procedural standpoint from
existing rules. These revisions do not
impact air quality. The revisions do not
revise emission limits or procedures,
nor do they impact the state’s ability to
attain or maintain the National Ambient
Air Quality Standards.
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 revised title 115 chapters
were placed on public notice on January
30, 2004, and a public hearing was held
by the NDEQ on March 5, 2004. During
the public hearing NDEQ received three
comments. NDEQ addressed each of the
comments and made no change to the
rule based on comments received. The
submission also satisfied the
completeness criteria of 40 CFR part 51,
appendix V. In addition, as explained
above, and as demonstrated in the
documents in the docket, the revisions
meet the substantive SIP requirements
of the Clean Air Act (CAA), including
section 110 and implementing
regulations.
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III. Response to Comments
The EPA proposed action on this SIP,
published in the Federal Register on
June 5, 2018, (83 FR 25977) received no
comments.
IV. What action is EPA taking?
EPA is taking final action to amend
the Nebraska SIP. This action will
amend the SIP to revise title 115 of the
Nebraska Administrative Code
‘‘Nebraska Rules of Practice and
Procedure.’’ The revisions to title 115
update the NDEQ rules of practice and
procedure to incorporate legislative
changes that have been made to the
State’s Administrative Procedure Act
and the public record laws.
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
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).
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart CC—Nebraska
2. Amend § 52.1420(c) by:
a. Revising the entries for citations
115–1, 115–2, 115–3, 115–4, 115–5,
115–7, 115–8, 115–9, and 115–10;
■ b. Removing the entry for citation
115–11.
The revisions read as follows:
■
■
§ 52.1420
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Identification of plan.
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(c) * * *
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EPA-APPROVED NEBRASKA REGULATIONS
Nebraska
citation
State effective
date
Title
EPA approval date
Explanation
STATE OF NEBRASKA
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Department of Environmental Quality
1 62
FR 27968 (May 22, 1997).
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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations
EPA-APPROVED NEBRASKA REGULATIONS—Continued
Nebraska
citation
State effective
date
Title
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EPA approval date
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Explanation
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Title 115—Rules of Practice and Procedure
115–1 ..............
Definitions of Terms .......................
6/8/2004
Federal Reg-
Public Hearings ..............................
6/8/2004
8/23/2018, [Insert
ister citation].
8/23/2018, [Insert
ister citation].
8/23/2018, [Insert
ister citation].
8/23/2018, [Insert
ister citation].
8/23/2018, [Insert
ister citation].
115–2 ..............
Petition for Declaratory Order ........
6/8/2004
115–3 ..............
Public Records Availability ............
6/8/2004
115–4 ..............
Confidentiality for Trade Secrets ...
6/8/2004
115–5 ..............
*
115–7 ..............
*
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Contested Cases ...........................
*
Federal Reg-
115–8 ..............
Intervention in a Contested Case ..
115–9 ..............
Ex Parte Communications Prohibited.
Petition for Rulemaking .................
*
8/23/2018, [Insert
ister citation].
6/8/2004 8/23/2018, [Insert
ister citation].
6/8/2004 8/23/2018, [Insert
ister citation].
6/8/2004 8/23/2018, [Insert
ister citation].
115–10 ............
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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:
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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]
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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?
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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)
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]]>Agencies
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Rules and Regulations]
[Pages 42592-42594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18104]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2018-0307; FRL-9982-07--Region 7]
Air Plan Approval; Nebraska; Revisions to Title 115 of the
Nebraska Administrative Code; Rules of Practice and Procedure
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Nebraska State Implementation Plan (SIP) addressing
the legal practices and procedures that govern the Nebraska Department
of Environmental Quality (NDEQ) relating to public record law and the
State's Administrative Procedure Act. The State revised their
regulations based on legislative amendments to the State's
Administrative Procedure Act and the public record laws which imposed
additional requirements on the Nebraska Department of Environmental
Quality. Specifically, revisions are being made to definitions, filings
and correspondence, public record availability and confidentiality,
public hearings, contested cases, emergency proceeding hearings,
declaratory rulings, rulemaking and variances. These revisions do not
impact air quality, do not revise emission limits or procedures, nor do
they impact the State's ability to attain or maintain the National
Ambient Air Quality Standards.
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-2018-0307. 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. 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 taking final action to approve revisions to the SIP
submitted by the State of Nebraska on August 28, 2014. This action will
amend the SIP to revise title 115 of the Nebraska Administrative Code.
Title 115 addresses the legal practices and procedures that govern the
Nebraska Department of Environmental Quality (NDEQ) relating to public
record law and the State's Administrative Procedure Act. EPA proposed
approval of Nebraska's SIP submission in its action published in the
Federal Register on June 5, 2018, at 83 FR 25977. The last revision to
title 115, Rules of Practice and Procedure, was approved on January 4,
1995, at 60 FR 372. Since that time, the legislature has amended the
Administrative Procedure Act and the public record laws which impose
additional requirements on NDEQ. NDEQ has adopted the revisions to
title 115 and has requested EPA amend the SIP.
This action amends the SIP by revising chapter 1, Definitions of
Terms; chapter 2, Filings and Correspondence; chapter 3, Public Records
Availability; chapter 4, Public Records Confidentiality; chapter 5,
Public Hearings; chapter 7, Contested Cases; chapter 8, Emergency
Proceeding Hearings; chapter 9, Declaratory Rulings; and chapter 10,
Rulemaking. Also, this action approves the revision to the chapter
titles for chapters 2, 4, 8, 9 and 10. No revisions are being made to
chapter 6, Voluntary Compliance. Chapter 11, Variances, is being
deleted. The revisions to title 115 are numerous and can be found in
the August 28, 2014 State submission which is part of the docket.
Specifically, the changes to chapters 1, 2, 7, 8, 9 and 10 conform
regulatory language to the Attorney General's model rules. Revisions to
chapters 3 and 5 better describe the procedures already in place by
practice for obtaining public records and public hearings on permit
decisions or fact-finding hearings that are required by law. Revisions
to chapter 4 clarify the procedures for asserting a claim of
confidentiality trade secrets. Finally, chapter 11 is being deleted
from title 115 because it is duplicative and found in chapter 33 of
title 129.
EPA is approving these revisions as they are not fundamentally
different from a procedural standpoint from existing rules. These
revisions do not impact air quality. The revisions do not revise
emission limits or procedures, nor do they impact the state's ability
to attain or maintain the National Ambient Air Quality Standards.
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 revised title 115
chapters were placed on public notice on January 30, 2004, and a public
hearing was held by the NDEQ on March 5, 2004. During the public
hearing NDEQ received three comments. NDEQ addressed each of the
comments and made no change to the rule based on comments received. The
submission also satisfied the completeness criteria of 40 CFR part 51,
appendix V. In addition, as explained above, and as demonstrated in the
documents in the docket, the revisions meet the substantive SIP
requirements of the Clean Air Act (CAA), including section 110 and
implementing regulations.
[[Page 42593]]
III. Response to Comments
The EPA proposed action on this SIP, published in the Federal
Register on June 5, 2018, (83 FR 25977) received no comments.
IV. What action is EPA taking?
EPA is taking final action to amend the Nebraska SIP. This action
will amend the SIP to revise title 115 of the Nebraska Administrative
Code ``Nebraska Rules of Practice and Procedure.'' The revisions to
title 115 update the NDEQ rules of practice and
procedure to incorporate legislative changes that have been made to
the State's Administrative Procedure Act and the public record laws.
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).
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
0
2. Amend Sec. 52.1420(c) by:
0
a. Revising the entries for citations 115-1, 115-2, 115-3, 115-4, 115-
5, 115-7, 115-8, 115-9, and 115-10;
0
b. Removing the entry for citation 115-11.
The revisions 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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[[Page 42594]]
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Title 115--Rules of Practice and Procedure
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115-1.................... Definitions of Terms.. 6/8/2004 8/23/2018, [Insert
Federal Register
citation].
115-2.................... Petition for 6/8/2004 8/23/2018, [Insert
Declaratory Order. Federal Register
citation].
115-3.................... Public Records 6/8/2004 8/23/2018, [Insert
Availability. Federal Register
citation].
115-4.................... Confidentiality for 6/8/2004 8/23/2018, [Insert
Trade Secrets. Federal Register
citation].
115-5.................... Public Hearings....... 6/8/2004 8/23/2018, [Insert
Federal Register
citation].
* * * * * * *
115-7.................... Contested Cases....... 6/8/2004 8/23/2018, [Insert
Federal Register
citation].
115-8.................... Intervention in a 6/8/2004 8/23/2018, [Insert
Contested Case. Federal Register
citation].
115-9.................... Ex Parte 6/8/2004 8/23/2018, [Insert
Communications Federal Register
Prohibited. citation].
115-10................... Petition for 6/8/2004 8/23/2018, [Insert
Rulemaking. Federal Register
citation].
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[FR Doc. 2018-18104 Filed 8-22-18; 8:45 am]
BILLING CODE 6560-50-P
