Air Plan Approval and Approval of Operating Permits Program; Nebraska; Adoption of the 2015 Ozone Standard and Revisions to Definitions, 14878-14881 [2019-07309]
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14878
Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Rules and Regulations
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 CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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
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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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 11, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Volatile organic
compounds.
Dated: March 26, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
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.
§ 52.1870
[Amended]
2. In § 52.1870, the table in paragraph
(c) is amended by removing the heading
entitled ‘‘Chapter 3745–72 Low Reid
Vapor Pressure Fuel Requirements’’ and
the entries ‘‘3745–72–01’’ through
‘‘3745–72–08’’.
■
[FR Doc. 2019–07330 Filed 4–11–19; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2018–0852; FRL–9991–55–
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: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the State
Implementation Plan (SIP), and
Operating Permits Program for the State
of Nebraska as submitted on August 22,
2018. This action adopts 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 taking final action 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 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: This final rule is effective on
May 13, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2018–0852. 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
SUMMARY:
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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
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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?
The EPA is approving 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 approving 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) removed 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 approved revisions
to the Nebraska SIP. Title 129, chapter
4, section 005, is revised by adopting
the 2015 primary and secondary
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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.
Revisions to chapter 20, of title 129,
correcting references to and renumbering tables 20–1 and 20–2 by
moving the tables under the correct
sections of the chapter for consistency
are approved. Also being approved is
text presently found in section 007
moving to section 001 and renumbered
as new subsection 001.01. Section 007
will be marked ‘‘Reserved’’.
Finally, EPA is approving revisions to
chapter 34, of title 129, 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.
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. 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.
III. EPA’s Response to Comments
The public comment period on EPA’s
proposed rule opened February 20,
2019, the date of its publication in the
Federal Register (84 FR 5032), and
closed on March 22, 2019. During this
period, EPA received one comment.
After reviewing the comment, the EPA
determined that the comment is 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 comment. We note that
the public comment received on this
rulemaking action is 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?
The EPA is approving into the
Nebraska SIP and as applicable, into the
Operating Permits Program, revisions to
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14879
title 129, chapters 1, 4, 20 and 34 as
submitted by NDEQ on August 22, 2018.
V. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is incorporating by reference
the Nebraska Regulations described in
the amendments to 40 CFR part 52 set
forth below. The 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
SIP, 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 CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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
1 62
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FR 27968 (May 22, 1997).
12APR1
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Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Rules and Regulations
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).
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 June 11, 2019.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects
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.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA is amending 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
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State of Nebraska
Department of Environmental Quality
Title 129—Nebraska Air Quality Regulations
129–1 ..................
Definitions .......................
*
129–4 ..................
*
Ambient Air Quality
Standards.
*
*
129–20 ................
*
Particulate Emissions:
Limitations and Standards.
*
*
129–34 ................
*
Emission Sources; Testing; Monitoring.
*
*
VerDate Sep<11>2014
*
16:08 Apr 11, 2019
7/15/2018
4/12/2019, [Insert Federal Register citation].
*
*
4/12/2019, [Insert Federal Register citation].
*
*
7/15/2018
*
*
4/12/2019, [Insert Federal Register citation].
*
*
7/15/2018
*
*
4/12/2019, [Insert Federal Register citation].
*
*
7/15/2018
*
*
*
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The definition of ‘‘solid waste’’ is not approved into
the SIP. The second sentence beginning at
‘‘Solid waste’’ and ending at ‘‘discarded material’’, is not approved into the SIP.
*
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*
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Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Rules and Regulations
*
*
*
*
*
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 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
*
*
*
*
*
FOR FURTHER INFORMATION CONTACT:
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 May 13, 2019.
*
*
*
*
*
[FR Doc. 2019–07309 Filed 4–11–19; 8:45 am]
BILLING CODE 6560–50–P
Michael Leslie, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6680,
leslie.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
40 CFR Parts 52 and 81
I. What is being addressed by this document?
II. What comments did we receive on the
proposed SIP revision?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
[EPA–R05–OAR–2018–0572; FRL–9992–21–
Region 5]
I. What is being addressed by this
document?
Air Plan Approval; Ohio;
Redesignation of the Cleveland Area to
Attainment of the 2012 Annual
Standard for Fine Particulate Matter
On July 24, 2018, Ohio submitted a
request for EPA to redesignate the
Cleveland area to attainment of the 2012
annual PM2.5 NAAQS under section
107(d)(3)(E) the CAA. On December 26,
2018, at 83 FR 66200, EPA proposed to
approve the State’s revision to the SIP
for the 2012 PM2.5 NAAQS in the
Cleveland nonattainment area.
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the Ohio
Environmental Protection Agency’s
(Ohio) request to redesignate the
Cleveland area to attainment of the 2012
annual national ambient air quality
standard (NAAQS or standards) for fine
particulate matter (PM2.5) under the
Clean Air Act (CAA).
DATES: This final rule is effective on
April 12, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0572. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
SUMMARY:
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Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Michael
Leslie, Environmental Engineer, at (312)
353–6680 before visiting the Region 5
office.
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II. What comments did we receive on
the proposed SIP revision?
Our December 26, 2018 proposed rule
provided a 30-day review and comment
period. The comment period closed on
January 25, 2019. EPA received no
comments during the public comment
period.
III. What action is EPA taking?
EPA is approving a change to the
official designation of the Cleveland,
Ohio area for the 2012 annual PM2.5
NAAQS, found at 40 CFR part 81, from
nonattainment to attainment. EPA is
approving a determination that the
Cleveland area has attained the 2012
annual PM2.5 standard, based on the
most recent three years of certified air
quality data. This action also approves
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14881
the maintenance plan for the 2012
annual PM2.5 NAAQS as revision to the
Ohio SIP for the Cleveland area. Finally,
EPA is approving 2022 and 2030
primary PM2.5 and nitrogen oxide motor
vehicle emission budgets (MVEBs) for
the Cleveland area. These MVEBs will
be used in future transportation
conformity analyses for the area.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for these
actions to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. This rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, this rule relieves the state of
planning requirements for this PM2.5
nonattainment area. For these reasons,
EPA finds good cause under 5 U.S.C.
553(d)(3) for these actions to become
effective on the date of publication of
these actions.
IV. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of the
maintenance plan under CAA section
107(d)(3)(E) are actions that affect the
status of geographical area and do not
impose any additional regulatory
requirements on sources beyond those
required by state law. A redesignation to
attainment does not in and of itself
impose any new requirements, but
rather results in the application of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
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]]>Agencies
[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Rules and Regulations]
[Pages 14878-14881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07309]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2018-0852; FRL-9991-55-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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the State Implementation Plan (SIP), and
Operating Permits Program for the State of Nebraska as submitted on
August 22, 2018. This action adopts 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 taking final
action 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 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: This final rule is effective on May 13, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2018-0852. 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
[[Page 14879]]
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219; telephone number (913) 551-7391; email address
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Table of Contents
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?
The EPA is approving 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 approving 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) removed 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 approved revisions to the Nebraska SIP. Title
129, chapter 4, section 005, is revised 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.
Revisions to chapter 20, of title 129, correcting references to and
re-numbering tables 20-1 and 20-2 by moving the tables under the
correct sections of the chapter for consistency are approved. Also
being approved is text presently found in section 007 moving to section
001 and renumbered as new subsection 001.01. Section 007 will be marked
``Reserved''.
Finally, EPA is approving revisions to chapter 34, of title 129, 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.
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. 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.
III. EPA's Response to Comments
The public comment period on EPA's proposed rule opened February
20, 2019, the date of its publication in the Federal Register (84 FR
5032), and closed on March 22, 2019. During this period, EPA received
one comment. After reviewing the comment, the EPA determined that the
comment is 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 comment. We note that the public
comment received on this rulemaking action is 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?
The EPA is approving into the Nebraska 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.
V. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is incorporating by reference the Nebraska Regulations
described in the amendments to 40 CFR part 52 set forth below. The 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 SIP, 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 CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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
[[Page 14880]]
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).
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 June 11, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects
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.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA is amending 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 date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
State of Nebraska
Department of Environmental Quality
Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1...................... Definitions......... 7/15/2018 4/12/2019, [Insert The definition of
Federal Register ``solid waste'' is not
citation]. approved into the SIP.
The second sentence
beginning at ``Solid
waste'' and ending at
``discarded material'',
is not approved into
the SIP.
* * * * * * *
129-4...................... Ambient Air Quality 7/15/2018 4/12/2019, [Insert
Standards. Federal Register
citation].
* * * * * * *
129-20..................... Particulate 7/15/2018 4/12/2019, [Insert
Emissions: Federal Register
Limitations and citation].
Standards.
* * * * * * *
129-34..................... Emission Sources; 7/15/2018 4/12/2019, [Insert
Testing; Monitoring. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 14881]]
* * * * *
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 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 May 13, 2019.
* * * * *
[FR Doc. 2019-07309 Filed 4-11-19; 8:45 am]
BILLING CODE 6560-50-P
