Air Plan Approval and Approval of Operating Permits Program; Nebraska; Adoption of the 2015 Ozone Standard and Revisions to Definitions, 5032-5035 [2019-02832]

Download as PDF 5032 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Proposed Rules In the above table, the key is as follows: A .................... NA .................. FS .................. + .................... ADDRESSES Approve. Not applicable. Finding of failure to submit. Not germane to infrastructure SIPs. EPA also is proposing to approve the transport provisions (Element (D)1 in Table 1) for the 1997 and 2006 PM2.5 NAAQS, as well as the Visibility Protection requirements (Element (D)3 in Table 1) for the 2006 PM2.5 NAAQS. We are also proposing to convert to full approval previous conditional approvals for elements A and E(ii) for the 1997 and 2006 PM2.5 NAAQS and previous conditional approvals for element A for the 1997 ozone, 2008 lead, 2008 ozone, 2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS. For the 1997 and 2006 PM2.5 NAAQS, we are also proposing approvals for prong 4 of section 110(a)(2)(D)(i)(II) and for the section 115-related requirements of section 110(a)(2)(D)(ii). As shown in Table 1, we are proposing to issue a finding of failure to submit for the PSD-related requirements of (C)2, (D)2, (D)4, (J)1, and (J)3. However, as noted above, Massachusetts is already subject to a FIP for PSD, and so EPA will have no additional FIP obligations under section 110(c) of the Act if this action is finalized as proposed. Furthermore, this action will not subject the Commonwealth to mandatory sanctions. EPA is also proposing to approve, and incorporate into the Massachusetts SIP, definitions of National Ambient Air Quality Standards (NAAQS) or Federal Ambient Air Quality Standards, PM10 or Particulate Matter 10, PM10 Emissions, PM2.5 or Particulate Matter 2.5, and PM2.5 Emissions in 310 CMR 7.00 that Massachusetts included in a submittal to EPA dated May 14, 2018. Finally, EPA is proposing to approve, and incorporate into the Massachusetts SIP, Massachusetts Executive Order 145, Consultation with Cities & Towns on Administrative Mandates, effective November 20, 1978, which Massachusetts included for approval in its infrastructure SIP submittal for the 2012 PM2.5 NAAQS. EPA is soliciting public comments on the issues discussed in this notice or on other relevant matters. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to this proposed rule by following the instructions listed in the VerDate Sep<11>2014 16:44 Feb 19, 2019 Jkt 247001 section of this Federal Register. V. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference Executive Order 145 and the part of 310 CMR 7.00 referenced in Section IV above. The EPA has made, and will continue to make, these documents generally available through https:// www.regulations.gov and at the EPA Region 1 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). 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 Clean Air Act. Accordingly, this proposed 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 proposed 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); • This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant 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 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 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: February 11, 2019. Deborah Szaro, Acting Regional Administrator, EPA Region 1. [FR Doc. 2019–02658 Filed 2–19–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 70 [EPA–R07–OAR–2018–0852; FRL–9989–07– Region 7] Air Plan Approval and Approval of Operating Permits Program; Nebraska; Adoption of the 2015 Ozone Standard and Revisions to Definitions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing approval of revisions to the State Implementation Plan (SIP), and Operating Permits Program for the State of Nebraska as submitted on August 22, 2018. This action proposes to adopt the 2015 primary and secondary National Ambient Air Quality Standards for Ozone, published in the Federal Register on October 26, 2015. The EPA is also proposing to approve revisions which are administrative in nature. These revisions include updating a reference to EPA’s regulation used in the definition of ‘‘Global Warming SUMMARY: E:\FR\FM\20FEP1.SGM 20FEP1 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Proposed Rules Potentials’’, removing ‘‘Greenhouse Gases’’ from the definition of ‘‘Regulated Air Pollutant’’, and updating a reference to EPA’s regulations used in the definition of ‘‘Volatile Organic Compound’’. Other typographical and reformatting 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. Comments must be received on or before March 22, 2019. ADDRESSES: You may send comments, identified by Docket ID No. EPA–R07– OAR–2018–0852 to https:// www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions received must include the Docket ID No. for this rulemaking. Comments received will be posted without change to https:// www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the ‘‘Written Comments’’ heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551–7391; email address crable.gregory@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. DATES: Table of Contents I. Written Comments II. What is being addressed in this document? III. Have the requirements for approval of a SIP revision been met? IV. What action is EPA taking? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Written Comments Submit your comments, identified by Docket ID No. EPA–R07–OAR–2018– 0852, at https://www.regulations.gov. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the VerDate Sep<11>2014 16:44 Feb 19, 2019 Jkt 247001 official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. II. What is being addressed in this document? The EPA is proposing to approve revisions to the State Implementation Plan (SIP) and the Operating Permit Program submitted on August 22, 2018, by the State of Nebraska. Nebraska’s August 22, 2018, submittal included revisions to chapters 1, 4, 20, 28 and 34 of title 129. In this action, EPA is only addressing revisions to title 129 of the Nebraska Administrative Code, chapter 1 ‘‘Definitions’’; chapter 4 ‘‘Ambient Air Quality Standards’’; chapter 20 ‘‘Particulate Emissions; Limitations and Standards’’; and chapter 34 ‘‘Emission Sources; Testing; Monitoring’’. The EPA is not acting on chapter 28 ‘‘Hazardous Air Pollutant; Emissions and Standards’’, although included in the state’s submission, because the chapter is not approved in the Nebraska SIP. The EPA is proposing revisions to the Nebraska SIP and Operating Permits Program for title 129, chapter 1 ‘‘Definitions’’. The revision to title 129, chapter 1, section 064, updates the reference for ‘‘Table A–1—Global Warming Potentials’’, and the effective date of the reference. The revision to section 109 of chapter 1 corrects a typographical error clarifying the meaning of ‘‘person’’, ensuring consistency with the Federal definition. Nebraska Department of Environmental Quality (NDEQ) is removing section 130.05, ‘‘Greenhouse gases’’ and section 130.05A from the definition of ‘‘Regulated Air Pollutant’’, as a result of the Supreme Court’s invalidation of portions of the Greenhouse Gas Tailoring Rule. Finally, the revision to chapter 1, section 160, ‘‘Volatile Organic Compounds’’, updates the reference to the appropriate sections of the Federal regulation pertaining to these rules and the effective date of the reference. The following are proposed revisions to the Nebraska SIP. Title 129, chapter 4, section 005, is proposed for revision by adopting the 2015 primary and secondary National Ambient Air Quality Standards for Ozone, (80 FR 65292, October 26, 2015), and by revising the PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 5033 reference to include appendix U to 40 CFR part 50 to be consistent with Federal regulations, and by updating the effective date of the reference. Chapter 20, of title 129, is proposed for revision to correct references to and re-number tables 20–1 and 20–2 by moving the tables under the correct sections of the chapter for consistency. Text presently found in section 007 is being moved to section 001 and renumbered as new subsection 001.01. Section 007 is marked ‘‘Reserved’’. Finally, chapter 34, of title 129 is proposed for revision by correcting the typographical error in section 002.02 in the effective date of 40 CFR part 60 appendices. This revision clarifies the effective date by replacing the date July 12, 2002 with July 1, 2002. III. 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. The revised chapters were placed on public notice on May 1, 2017, and a public hearing was held by the State of Nebraska on June 13, 2017, where no comments were received. In addition, as explained above, the revision meets the substantive SIP requirements of the Clean Air Act (CAA), including section 110 and implementing regulations. IV. What action is EPA taking? The EPA is proposing to approve into the SIP and as applicable, into the Operating Permits Program, revisions to title 129, chapters 1, 4, 20 and 34 as submitted by NDEQ on August 22, 2018. We are processing this as a proposed action because we are soliciting comments on this proposed action. Final rulemaking will occur after consideration of any comments. V. Incorporation by Reference In this document, the EPA is proposing to include regulatory text in an EPA final rule that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference the Nebraska Regulations described in the proposed 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). E:\FR\FM\20FEP1.SGM 20FEP1 5034 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Proposed Rules VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the 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 the National Technology Transfer and Advancement Act (NTTA) because this rulemaking does not involve technical standards; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects 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 Environmental protection, Air pollution control, Incorporation by reference, Administrative practice and procedure, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements. Dated: February 8, 2019. James B. Gulliford, Regional Administrator, Region 7. For the reasons stated in the preamble, the EPA proposes to amend 40 CFR parts 52 and 70 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. In § 52.1420, paragraph (c), the table is amended by revising entries ‘‘129–1 Definitions’’, ‘‘129–4 Ambient Air Quality Standards’’, ‘‘129–20 Particulate Emissions; Limitations and Standards’’, and ‘‘129–34 Emission Sources; Testing; Monitoring’’ to read as follows: ■ § 52.1420 * 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 129–1 ................. Definitions ........................ 7/15/2018 [Date of publication of the final rule in the Federal Register], [Federal Register citation of the final rule]. * 129–4 ................. * Ambient Air Quality Standards. * 7/15/2018 * * [Date of publication of the final rule in the Federal Register], [Federal Register citation of the final rule]. * * * 129–20 ............... * Particulate Emissions: Limitations and Standards. * 7/15/2018 * * [Date of publication of the final rule in the Federal Register], [Federal Register citation of the final rule]. * * * 129–34 ............... * Emission Sources; Testing; Monitoring. * 7/15/2018 * * [Date of publication of the final rule in the Federal Register], [Federal Register citation of the final rule]. * * VerDate Sep<11>2014 16:44 Feb 19, 2019 Jkt 247001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 5035 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Proposed Rules EPA-APPROVED NEBRASKA REGULATIONS—Continued Nebraska citation * * * State effective date Title * * * * * PART 70—STATE OPERATING PERMIT PROGRAMS 3. The authority citation for part 70 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 4. Amend appendix A to part 70 by adding new paragraph (p) under ‘‘Nebraska; City of Omaha; LincolnLancaster 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 * * * * * (p) The Nebraska Department of Environmental Quality submitted revisions to The Nebraska Administrative Code, title 129, chapter 1, ‘‘Definitions’’ on August 22, 2018. The state effective date is July 15, 2018. This revision is effective [date 60 days after date of publication of the final rule in the Federal Register]. * * * * * [FR Doc. 2019–02832 Filed 2–19–19; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No.: 181210999–9067–01] RIN 0648–BI66 Fisheries of the Northeastern United States; Framework Adjustment 30 to the Atlantic Sea Scallop Fishery Management Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS proposes to approve and implement the measures of Framework Adjustment 30 to the Atlantic Sea Scallop Fishery Management Plan that establishes SUMMARY: VerDate Sep<11>2014 16:44 Feb 19, 2019 Jkt 247001 EPA approval date * Explanation * scallop specifications and other measures for fishing years 2019 and 2020. This action is necessary to prevent overfishing and improve both yield-perrecruit and the overall management of the Atlantic sea scallop resource. The intended effect of this rule is to notify the public of these proposed measures and to solicit comment on the potential scallop fishery management changes. DATES: Comments must be received by March 7, 2019. ADDRESSES: The New England Fishery Management Council has prepared a draft environmental assessment (EA) for this action that describes the proposed measures in Framework Adjustment 30 and other considered alternatives and analyzes the impacts of the proposed measures and alternatives. The Council submitted a decision draft of Framework 30 to NMFS that includes the draft EA, a description of the Council’s preferred alternatives, the Council’s rationale for selecting each alternative, and an Initial Regulatory Flexibility Analysis (IRFA). Copies of the draft of Framework 30, the draft EA, the IRFA, and information on the economic impacts of this proposed rulemaking are available upon request from Thomas A. Nies, Executive Director, New England Fishery Management Council, 50 Water Street, Newburyport, MA 01950 and accessible via the internet in documents available at: https://www.nefmc.org/library/ framework-30-1. You may submit comments on this document, identified by NOAA–NMFS– 2019–0002, by either of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20190002, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, ‘‘Comments on Framework 30.’’ Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 * * received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst, 978–281–9233. SUPPLEMENTARY INFORMATION: Background The scallop fishery’s management unit ranges from the shorelines of Maine through North Carolina to the outer boundary of the Exclusive Economic Zone. The Atlantic Sea Scallop Fishery Management Plan (FMP), established in 1982, includes a number of amendments and framework adjustments that have revised and refined the fishery’s management. The New England Fishery Management Council sets scallop fishery catch limits and other management measures through specification or framework adjustments that occur annually or biennially. The Council adopted Framework 30 to the Atlantic Sea Scallop FMP on December 5, 2018. The Council submitted a decision draft of the framework, including a draft EA, for NMFS review and approval on December 19, 2018. This action proposes to approve and implement Framework 30, which establishes scallop specifications and other measures for fishing years 2019 and 2020, includes changes to the catch, effort, and quota allocations and adjustments to the rotational area management program for fishing year 2019, and default specifications for fishing year 2020. NMFS will implement these measures of Framework 30, if approved, as close as possible to the April 1 of fishing year 2019. If NMFS implements these Framework 30 measures after the start of the fishing year, 2019 default allocation measures will go into place on April 1, 2019. The Council has reviewed the proposed regulations in this rule as drafted by NMFS and deemed them to be necessary and appropriate as E:\FR\FM\20FEP1.SGM 20FEP1

Agencies

[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Proposed Rules]
[Pages 5032-5035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02832]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2018-0852; FRL-9989-07-Region 7]


Air Plan Approval and Approval of Operating Permits Program; 
Nebraska; Adoption of the 2015 Ozone Standard and Revisions to 
Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of revisions to the State Implementation Plan (SIP), and 
Operating Permits Program for the State of Nebraska as submitted on 
August 22, 2018. This action proposes to adopt the 2015 primary and 
secondary National Ambient Air Quality Standards for Ozone, published 
in the Federal Register on October 26, 2015. The EPA is also proposing 
to approve revisions which are administrative in nature. These 
revisions include updating a reference to EPA's regulation used in the 
definition of ``Global Warming

[[Page 5033]]

Potentials'', removing ``Greenhouse Gases'' from the definition of 
``Regulated Air Pollutant'', and updating a reference to EPA's 
regulations used in the definition of ``Volatile Organic Compound''. 
Other typographical and reformatting 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: Comments must be received on or before March 22, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2018-0852 to https://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received will be posted without 
change to https://www.regulations.gov/, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the rulemaking process, see the ``Written 
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219; telephone number (913) 551-7391; email address 
crable.gregory@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2018-
0852, at https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve revisions to the State 
Implementation Plan (SIP) and the Operating Permit Program submitted on 
August 22, 2018, by the State of Nebraska. Nebraska's August 22, 2018, 
submittal included revisions to chapters 1, 4, 20, 28 and 34 of title 
129. In this action, EPA is only addressing revisions to title 129 of 
the Nebraska Administrative Code, chapter 1 ``Definitions''; chapter 4 
``Ambient Air Quality Standards''; chapter 20 ``Particulate Emissions; 
Limitations and Standards''; and chapter 34 ``Emission Sources; 
Testing; Monitoring''. The EPA is not acting on chapter 28 ``Hazardous 
Air Pollutant; Emissions and Standards'', although included in the 
state's submission, because the chapter is not approved in the Nebraska 
SIP.
    The EPA is proposing revisions to the Nebraska SIP and Operating 
Permits Program for title 129, chapter 1 ``Definitions''. The revision 
to title 129, chapter 1, section 064, updates the reference for ``Table 
A-1--Global Warming Potentials'', and the effective date of the 
reference. The revision to section 109 of chapter 1 corrects a 
typographical error clarifying the meaning of ``person'', ensuring 
consistency with the Federal definition. Nebraska Department of 
Environmental Quality (NDEQ) is removing section 130.05, ``Greenhouse 
gases'' and section 130.05A from the definition of ``Regulated Air 
Pollutant'', as a result of the Supreme Court's invalidation of 
portions of the Greenhouse Gas Tailoring Rule. Finally, the revision to 
chapter 1, section 160, ``Volatile Organic Compounds'', updates the 
reference to the appropriate sections of the Federal regulation 
pertaining to these rules and the effective date of the reference.
    The following are proposed revisions to the Nebraska SIP. Title 
129, chapter 4, section 005, is proposed for revision by adopting the 
2015 primary and secondary National Ambient Air Quality Standards for 
Ozone, (80 FR 65292, October 26, 2015), and by revising the reference 
to include appendix U to 40 CFR part 50 to be consistent with Federal 
regulations, and by updating the effective date of the reference.
    Chapter 20, of title 129, is proposed for revision to correct 
references to and re-number tables 20-1 and 20-2 by moving the tables 
under the correct sections of the chapter for consistency. Text 
presently found in section 007 is being moved to section 001 and 
renumbered as new subsection 001.01. Section 007 is marked 
``Reserved''.
    Finally, chapter 34, of title 129 is proposed for revision by 
correcting the typographical error in section 002.02 in the effective 
date of 40 CFR part 60 appendices. This revision clarifies the 
effective date by replacing the date July 12, 2002 with July 1, 2002.

III. 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. The 
revised chapters were placed on public notice on May 1, 2017, and a 
public hearing was held by the State of Nebraska on June 13, 2017, 
where no comments were received. In addition, as explained above, the 
revision meets the substantive SIP requirements of the Clean Air Act 
(CAA), including section 110 and implementing regulations.

IV. What action is EPA taking?

    The EPA is proposing to approve into the SIP and as applicable, 
into the Operating Permits Program, revisions to title 129, chapters 1, 
4, 20 and 34 as submitted by NDEQ on August 22, 2018. We are processing 
this as a proposed action because we are soliciting comments on this 
proposed action. Final rulemaking will occur after consideration of any 
comments.

V. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, EPA is proposing to 
incorporate by reference the Nebraska Regulations described in the 
proposed 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).

[[Page 5034]]

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the 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 the National 
Technology Transfer and Advancement Act (NTTA) because this 
rulemaking does not involve technical standards; and
     Does not provide EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 
1994).

    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).

 List of Subjects

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

    Environmental protection, Air pollution control, Incorporation by 
reference, Administrative practice and procedure, Intergovernmental 
relations, Operating permits, Reporting and recordkeeping requirements.

    Dated: February 8, 2019.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
40 CFR parts 52 and 70 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. In Sec.  52.1420, paragraph (c), the table is amended by revising 
entries ``129-1 Definitions'', ``129-4 Ambient Air Quality Standards'', 
``129-20 Particulate Emissions; Limitations and Standards'', and ``129-
34 Emission Sources; Testing; Monitoring'' to read as follows:


Sec.  52.1420  Identification of Plan.

* * * * *
    (c) * * *

                                        EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
     Nebraska citation                Title           effective      EPA approval date          Explanation
                                                         date
----------------------------------------------------------------------------------------------------------------
                                                State of Nebraska
----------------------------------------------------------------------------------------------------------------
                                       Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------
                                   Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1......................  Definitions...........    7/15/2018  [Date of publication
                                                                   of the final rule in
                                                                   the Federal
                                                                   Register], [Federal
                                                                   Register citation of
                                                                   the final rule].
 
                                                  * * * * * * *
129-4......................  Ambient Air Quality       7/15/2018  [Date of publication
                              Standards.                           of the final rule in
                                                                   the Federal
                                                                   Register], [Federal
                                                                   Register citation of
                                                                   the final rule].
 
                                                  * * * * * * *
129-20.....................  Particulate Emissions:    7/15/2018  [Date of publication
                              Limitations and                      of the final rule in
                              Standards.                           the Federal
                                                                   Register], [Federal
                                                                   Register citation of
                                                                   the final rule].
 
                                                  * * * * * * *
129-34.....................  Emission Sources;         7/15/2018  [Date of publication
                              Testing; Monitoring.                 of the final rule in
                                                                   the Federal
                                                                   Register], [Federal
                                                                   Register citation of
                                                                   the final rule].
 

[[Page 5035]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
4. Amend appendix A to part 70 by adding new paragraph (p) 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

* * * * *
    (p) The Nebraska Department of Environmental Quality submitted 
revisions to The Nebraska Administrative Code, title 129, chapter 1, 
``Definitions'' on August 22, 2018. The state effective date is July 
15, 2018. This revision is effective [date 60 days after date of 
publication of the final rule in the Federal Register].
* * * * *
[FR Doc. 2019-02832 Filed 2-19-19; 8:45 am]
 BILLING CODE 6560-50-P
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