Air Plan Approval; Nebraska; Approval of State Implementation Plan and Operating Permits Program, 29329-29331 [2020-08654]
Download as PDF
Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Rules and Regulations
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 CAA, petitions for judicial
review of this action must be filed in the
United States Court of Appeals for the
appropriate circuit by July 14, 2020.
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.
Dated: April 21, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the 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
§ 52.1420
[Amended]
2. In § 52.1420, the table in paragraph
(c) is amended by removing the entry
‘‘Section 19’’ under the headings
‘‘Lincoln-Lancaster County Air
Pollution Control Program’’, ‘‘Article
2—Regulations and Standards’’.
■
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R07–OAR–2020–0036; FRL–10008–
54-Region 7]
jbell on DSKJLSW7X2PROD with RULES
Air Plan Approval; Nebraska; Approval
of State Implementation Plan and
Operating Permits Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
16:42 May 14, 2020
Jkt 250001
Table of Contents
I. What is being addressed in this
document?
40 CFR Parts 52 and 70
VerDate Sep<11>2014
This final rule is effective on
June 15, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2020–0036. 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:
Lachala Kemp, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7214;
email address kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
DATES:
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. The EPA’s Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
[FR Doc. 2020–08760 Filed 5–14–20; 8:45 am]
SUMMARY:
approve the removal of Nebraska
Administrative Code title 129, chapter
8, section 007.06 from Nebraska’s State
Implementation Plan (SIP) and title V
provisions. Nebraska submitted this
revision to the EPA on July 19, 2019.
Title 129, chapter 8 contains Nebraska’s
operating permit program and is
approved under title V and EPA’s
regulations. The EPA’s approval of this
action makes the State rule consistent
with Federal regulations and
strengthens the SIP and the title V
program.
The EPA is taking final action to
approve the removal of title 129, chapter
8, section 007.06 from the Nebraska
Administrative Code of the previously
approved SIP. Section 007.06 stated that
permits used under title 129 chapter 8
superseded all other previously issued
operating or construction permits. This
section, which was previously approved
in Nebraska’s SIP, is inconsistent with
the EPA’s interpretation of the title V
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
29329
program. Title V permits include all
SIP-approved permit terms, but do not
supersede, void, replace or otherwise
eliminate their legal existence and
enforceability. This removal of this
provision confirms that construction
permits are not vacated when an
operating permit is issued. Removal of
this provision is appropriate, consistent
with Federal regulations and
strengthens both the title V program and
the SIP. The EPA is taking final action
for approval of this revision.
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 State provided
public notice on this SIP revision from
February 28, 2019 to April 3, 2019 and
received one comment from EPA on
March 5, 2019, supporting the revision.
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. The EPA’s Response to Comments
The public comment period on the
EPA’s proposed rule opened February
13, 2020, the date of its publication in
the Federal Register and closed on
March 16, 2020 (85 FR 8240, February
13, 2020). During this period, EPA
received one comment. The comment
was not substantive or adverse and can
be found in the docket.
IV. What action is the EPA taking?
EPA is taking final action to approve
the removal of title 129, chapter 8,
section 007.06 from the Nebraska title V
program and SIP because it is
inconsistent with EPA’s interpretation
of the title V program.
V. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of 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).
E:\FR\FM\15MYR1.SGM
15MYR1
29330
Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Rules and Regulations
Therefore, these materials have been
approved by the 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 the 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
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
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 (Public Law 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, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Operating permits, Reporting
and recordkeeping requirements.
Dated: April 20, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 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, the table in paragraph
(c) is amended by revising the entry
‘‘129–8’’ 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
*
129–8 .........................
*
*
Operating Permit Content .............................
*
jbell on DSKJLSW7X2PROD with RULES
*
*
*
*
*
*
*
*
6/24/2019
*
*
5/15/2020, [insert Federal
Register citation].
*
*
PART 70—STATE OPERATING PERMIT
PROGRAMS
3. The authority citation for part 70
continues to read as follows:
■
*
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
16:12 May 14, 2020
Jkt 250001
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
*
4. Appendix A to part 70 is amended
by adding paragraph (q) under
‘‘Nebraska; City of Omaha; LincolnLancaster County Health Department’’
to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
1 62
*
E:\FR\FM\15MYR1.SGM
15MYR1
Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Rules and Regulations
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
*
*
*
*
Nebraska; City of Omaha; LincolnLancaster County Health Department
*
*
*
*
*
(q) The Nebraska Department of
Environment and Energy submitted revisions
to NDEQ Title 129 Chapter 8 ‘‘Operating
Permit Content’’ on July 19, 2019. The State
effective date is June 24, 2019. The revision
effective date is June 15, 2020.
*
*
*
*
*
[FR Doc. 2020–08654 Filed 5–14–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2016–0137; FRL–10008–
15–Region 5]
Designation of Areas for Air Quality
Planning Purposes; Indiana;
Redesignation of the Muncie, Indiana
Lead Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the April 14,
2016, request from the Indiana
Department of Environmental
Management (IDEM) to redesignate the
Muncie nonattainment area to
attainment for the 2008 national
ambient air quality standards (NAAQS)
for lead. EPA is also approving the
State’s maintenance plan and
attainment year emission inventory for
lead. EPA is approving these actions in
accordance with the Clean Air Act
(CAA) and EPA’s implementation
regulations and guidance regarding the
2008 lead NAAQS.
DATES: This final rule is effective on
May 15, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0137. 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.
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
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:12 May 14, 2020
Jkt 250001
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 and
facility closures due to COVID–19. We
recommend that you telephone Mary
Portanova at (312) 353–5954 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Mary Portanova, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–5954,
portanova.mary@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:
I. What is being addressed by this document?
II. What comments did we receive on the
proposed action and what are EPA’s
responses to those comments?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed by this
document?
On May 30, 2017 (82 FR 24553), EPA
issued a direct final approval and
associated proposed rulemaking (82 FR
24635) addressing Indiana’s April 14,
2016 submittal of a redesignation
request, maintenance plan, and
attainment year lead emissions
inventory for the Muncie lead
nonattainment area. The main source of
lead emissions in the Muncie area is the
Exide Technologies secondary lead
smelter. See the direct final action for
the full discussion of our basis for
approval. Because we received adverse
comments on the direct final approval,
we withdrew the direct final approval
on July 10, 2017 (82 FR 31722). Below,
we address the comments that we
received, and finalize our proposed
rulemaking action.
II. What comments did we receive on
the proposed action and what are EPA’s
responses to those comments?
EPA received a set of comments from
one party during the public comment
period on the May 30, 2017 action. The
comments, and EPA’s response to each
comment, are as follows:
Comment: The commenter stated that
the proposal ‘‘incorrectly states that the
2015 ambient monitoring data is the
most recent available. That is not true
and it wasn’t even true when the Acting
Regional Administrator signed the rule.
EPA has a legal and moral obligation to
not provide false information in Federal
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
29331
Register notices. Thus, EPA should
publish a supplemental proposal that
includes the 2016 ambient monitoring
data which was final by no later than
May 1, 2017.’’
EPA Response: Indiana submitted its
redesignation request to EPA on April
14, 2016. The State included Muncie
lead monitoring data from 2013–2015 in
its submittal. At the time of Indiana’s
submittal, these data represented the
most recent available full three years of
monitoring data, and EPA used them in
evaluating Indiana’s redesignation
request.
Indiana is required to certify and
submit to EPA each year of air quality
monitoring data by May 1 of the
following year. For 2016 data, the
deadline for state certification was May
1, 2017. The Regional Administrator
signed the proposal to redesignate the
Muncie area on May 4, 2017. During the
time that EPA staff were reviewing
Indiana’s submittal and preparing the
notice of proposed rulemaking,
monitoring data for 2016 was not yet
certified, and the ‘‘most recent’’ fully
certified data during this time was the
data through 2015, which showed
attainment of the 2008 lead NAAQS.
The 2008 lead NAAQS are met when
the maximum arithmetic three-month
mean concentration for a three-year
period is less than or equal to 0.15
micrograms per cubic meter (mg/m3).
See 40 CFR 50.16. The maximum threemonth average lead concentration over
three years is also known as the design
value. Although the 2016 data was
certified a few days before EPA’s notice
of proposed rulemaking was signed, the
2015 monitor data was clearly the most
recent certified, quality-assured data
available at the time of the State’s
redesignation request and during EPA’s
review process, and the 2013–2015
design value was the appropriate
measure for evaluating the State’s
redesignation request and proposing
action. As the preliminary 2016 data
continued to show attainment of the
2008 lead NAAQS, EPA did not delay
its action on the redesignation.
Moreover, air quality monitoring data
at the Muncie lead monitor continues to
show that the area is attaining the 2008
lead NAAQS, providing further support
for EPA’s finding that the area has
attained the NAAQS under CAA section
107(d)(3)(E)(i). Table 1 below includes
all fully certified and preliminary data
available for the area and shows that the
area’s lead design value is well below
the level of the NAAQS.
EPA does not agree that a
supplemental proposal is required
under these circumstances. The CAA
contemplates that EPA publish a
E:\FR\FM\15MYR1.SGM
15MYR1
Agencies
[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Rules and Regulations]
[Pages 29329-29331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08654]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2020-0036; FRL-10008-54-Region 7]
Air Plan Approval; Nebraska; Approval of State Implementation
Plan and Operating Permits Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the removal of Nebraska Administrative Code title
129, chapter 8, section 007.06 from Nebraska's State Implementation
Plan (SIP) and title V provisions. Nebraska submitted this revision to
the EPA on July 19, 2019. Title 129, chapter 8 contains Nebraska's
operating permit program and is approved under title V and EPA's
regulations. The EPA's approval of this action makes the State rule
consistent with Federal regulations and strengthens the SIP and the
title V program.
DATES: This final rule is effective on June 15, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2020-0036. 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: Lachala Kemp, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7214; 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. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is taking final action to approve the removal of title 129,
chapter 8, section 007.06 from the Nebraska Administrative Code of the
previously approved SIP. Section 007.06 stated that permits used under
title 129 chapter 8 superseded all other previously issued operating or
construction permits. This section, which was previously approved in
Nebraska's SIP, is inconsistent with the EPA's interpretation of the
title V program. Title V permits include all SIP-approved permit terms,
but do not supersede, void, replace or otherwise eliminate their legal
existence and enforceability. This removal of this provision confirms
that construction permits are not vacated when an operating permit is
issued. Removal of this provision is appropriate, consistent with
Federal regulations and strengthens both the title V program and the
SIP. The EPA is taking final action for approval of this revision.
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
State provided public notice on this SIP revision from February 28,
2019 to April 3, 2019 and received one comment from EPA on March 5,
2019, supporting the revision. 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. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened
February 13, 2020, the date of its publication in the Federal Register
and closed on March 16, 2020 (85 FR 8240, February 13, 2020). During
this period, EPA received one comment. The comment was not substantive
or adverse and can be found in the docket.
IV. What action is the EPA taking?
EPA is taking final action to approve the removal of title 129,
chapter 8, section 007.06 from the Nebraska title V program and SIP
because it is inconsistent with EPA's interpretation of the title V
program.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of 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).
[[Page 29330]]
Therefore, these materials have been approved by the 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 the 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 Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the 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 (Public Law 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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: April 20, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 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, the table in paragraph (c) is amended by revising
the entry ``129-8'' 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
129-8............................ Operating Permit Content. 6/24/2019 5/15/2020, [insert Federal Register ....................................
citation].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
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. Appendix A to part 70 is amended by adding paragraph (q) under
``Nebraska; City of Omaha; Lincoln-Lancaster County Health Department''
to read as follows:
[[Page 29331]]
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Nebraska; City of Omaha; Lincoln-Lancaster County Health
Department
* * * * *
(q) The Nebraska Department of Environment and Energy submitted
revisions to NDEQ Title 129 Chapter 8 ``Operating Permit Content''
on July 19, 2019. The State effective date is June 24, 2019. The
revision effective date is June 15, 2020.
* * * * *
[FR Doc. 2020-08654 Filed 5-14-20; 8:45 am]
BILLING CODE 6560-50-P