Air Plan Approval; Nebraska; Lincoln-Lancaster County Health Department (LLCHD), 29327-29329 [2020-08760]

Download as PDF Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Rules and Regulations specified by Executive Order 13175 (65 FR 67249, November 9, 2000). B. Submission to Congress and the Comptroller General 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). Name of non-regulatory SIP revision * Emissions Statement Certification for the 2015 Ozone National Ambient Air Quality Standard. State submittal date * * Virginia portion of the Washington, DC– MD–VA nonattainment area for the 2015 ozone NAAQS (i.e. Arlington County, Fairfax County, Loudoun County, Prince William County, Alexandria City, Fairfax City, Falls Church City, Manassas City, and Manassas Park City). BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2019–0666; FRL–10008– 62-Region 7] Air Plan Approval; Nebraska; LincolnLancaster County Health Department (LLCHD) Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) submitted by the State of Nebraska that addresses the authority of the Lincoln-Lancaster County Health Department (LLCHD). SUMMARY: jbell on DSKJLSW7X2PROD with RULES List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Applicable geographic area [FR Doc. 2020–08743 Filed 5–14–20; 8:45 am] VerDate Sep<11>2014 C. Petitions for Judicial Review 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 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 approving Virginia’s emissions statement certification for the 2015 ozone NAAQS may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) 16:42 May 14, 2020 Jkt 250001 * 7/30/19 Frm 00005 Fmt 4700 Dated: April 17, 2020. Cosmo Servidio, Regional Administrator, Region III. 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. Subpart VV—Virginia 2. In § 52.2420, the table in paragraph (e)(1) is amended by adding an entry for ‘‘Emissions Statement Certification for the 2015 Ozone National Ambient Air Quality Standard’’ at the end of the table to read as follows: ■ § 52.2420 * Identification of plan. * * (e) * * * (1) * * * * * EPA approval date Additional explanation * 5/15/20, [insert Federal Register citation]. * * Certification that Virginia’s previously SIPapproved regulations at 9VAC5–20– 160 meet the emissions statement requirements of CAA section 182(a)(3)(B) for the 2015 ozone NAAQS. This action will amend the Nebraska SIP by removing a portion of the SIP that addresses the authority of LLCHD regarding the Prevention of Significant Deterioration (PSD) Program; specifically: Article 2. Section 19. Prevention of Significant Deterioration of Air Quality (PSD) Lincoln-Lancaster County Health Department (LLCHD). This SIP revision will have no impact to air quality and eliminate confusion regarding the authority to issue PSD permits in Lancaster County. 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–2019–0666. 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 PO 00000 29327 Sfmt 4700 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. Will Stone, Environmental Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551–7714; email address stone.william@epa.gov FOR FURTHER INFORMATION CONTACT: 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 E:\FR\FM\15MYR1.SGM 15MYR1 29328 Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Rules and Regulations IV. What action is the EPA taking? V. Incorporation by Reference VI. Statutory and Executive Order Reviews removes a redundant regulation from the SIP and will have no effect on air permitting or air quality in Lancaster County, Nebraska. I. What is being addressed in this document? Comment 2 The EPA is approving a revision to Nebraska’s SIP received from the State of Nebraska on July 23, 2019. Specifically, the EPA is amending the Nebraska SIP by removing a portion of the SIP as follows: Article 2. Section 19. Prevention of Significant Deterioration of Air Quality (PSD) Lincoln-Lancaster County Health Department (LLCHD). 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 a public comment period for this SIP revision from May 20, 2019 to June 21, 2019, and at the same time, offered an opportunity for a public hearing. No comments or request for public hearing were received. III. The EPA’s Response to Comments The public comment period on the EPA’s proposed rule opened January 3, 2020, the date of its publication in the Federal Register and closed on February 3, 2020. (85 FR 274, January 3, 2020.) During this period, EPA received two comments. The comments are not adverse and can be found in the docket. The comments are addressed below. Comment 1 I believe that it would be in the public’s best interest to eliminate the confusion regarding the permits in Lancaster County, and have the local authorities be responsible for issuing the permits. jbell on DSKJLSW7X2PROD with RULES Response 1 This action eliminates confusion regarding the authority to issue PSD permits in Lancaster County. As noted in the proposal, all PSD permits issued in the State of Nebraska, including those issued in Lancaster County, are issued pursuant to the authority of the State of Nebraska under title 129, chapter 19 PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY (PSD). However, under the delegation agreement between the State of Nebraska and LLCHD, LLCHD issues PSD permits in Lancaster County under the state’s authority. Nothing in this action changes this delegation agreement, which is included in the docket for this action. The SIP revision VerDate Sep<11>2014 16:42 May 14, 2020 Jkt 250001 This comment noted that the State submission was not provided in the docket to allow the reviewer the ability to fully evaluate EPA’s proposed action. Response 2 As a result of this comment, we provided the State’s submission in the docket and reopened the public comment period from March 5, 2020 to April 6, 2020 to afford stakeholders an opportunity to comment on the proposed SIP revision (85 FR 12876, March 5, 2020). No additional comments were received during this period. IV. What action is the EPA taking? The EPA is taking final action to amend the Nebraska SIP by removing LLCHD Article 2. Section 19. Prevention of Significant Deterioration of Air Quality (PSD). The removal of this portion of the SIP will not impact air quality because the regulation duplicates the State’s regulation, which applies in the same jurisdiction. V. Incorporation by Reference In this document, the EPA is amending regulatory text that includes incorporation by reference. As described in the amendments to 40 CFR part 52 set forth below, the EPA is removing provisions of the EPA-Approved Nebraska Regulations from the Nebraska State Implementation Plan, which is incorporated by reference in accordance with the requirements of 1 CFR part 51. VI. Statutory and Executive Order Reviews Under the Clean Air Act (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); PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 • 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). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the 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 E:\FR\FM\15MYR1.SGM 15MYR1 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

Agencies

[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Rules and Regulations]
[Pages 29327-29329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08760]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0666; FRL-10008-62-Region 7]


Air Plan Approval; Nebraska; Lincoln-Lancaster County Health 
Department (LLCHD)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the State Implementation Plan (SIP) 
submitted by the State of Nebraska that addresses the authority of the 
Lincoln-Lancaster County Health Department (LLCHD). This action will 
amend the Nebraska SIP by removing a portion of the SIP that addresses 
the authority of LLCHD regarding the Prevention of Significant 
Deterioration (PSD) Program; specifically: Article 2. Section 19. 
Prevention of Significant Deterioration of Air Quality (PSD) Lincoln-
Lancaster County Health Department (LLCHD). This SIP revision will have 
no impact to air quality and eliminate confusion regarding the 
authority to issue PSD permits in Lancaster County.

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-2019-0666. 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: Will Stone, Environmental Protection 
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7714; 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

[[Page 29328]]

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 approving a revision to Nebraska's SIP received from the 
State of Nebraska on July 23, 2019. Specifically, the EPA is amending 
the Nebraska SIP by removing a portion of the SIP as follows: Article 
2. Section 19. Prevention of Significant Deterioration of Air Quality 
(PSD) Lincoln-Lancaster County Health Department (LLCHD).

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 a public comment period for this SIP revision from May 
20, 2019 to June 21, 2019, and at the same time, offered an opportunity 
for a public hearing. No comments or request for public hearing were 
received.

III. The EPA's Response to Comments

    The public comment period on the EPA's proposed rule opened January 
3, 2020, the date of its publication in the Federal Register and closed 
on February 3, 2020. (85 FR 274, January 3, 2020.) During this period, 
EPA received two comments. The comments are not adverse and can be 
found in the docket. The comments are addressed below.

Comment 1

    I believe that it would be in the public's best interest to 
eliminate the confusion regarding the permits in Lancaster County, and 
have the local authorities be responsible for issuing the permits.

Response 1

    This action eliminates confusion regarding the authority to issue 
PSD permits in Lancaster County. As noted in the proposal, all PSD 
permits issued in the State of Nebraska, including those issued in 
Lancaster County, are issued pursuant to the authority of the State of 
Nebraska under title 129, chapter 19 PREVENTION OF SIGNIFICANT 
DETERIORATION OF AIR QUALITY (PSD). However, under the delegation 
agreement between the State of Nebraska and LLCHD, LLCHD issues PSD 
permits in Lancaster County under the state's authority. Nothing in 
this action changes this delegation agreement, which is included in the 
docket for this action. The SIP revision removes a redundant regulation 
from the SIP and will have no effect on air permitting or air quality 
in Lancaster County, Nebraska.

Comment 2

    This comment noted that the State submission was not provided in 
the docket to allow the reviewer the ability to fully evaluate EPA's 
proposed action.

Response 2

    As a result of this comment, we provided the State's submission in 
the docket and reopened the public comment period from March 5, 2020 to 
April 6, 2020 to afford stakeholders an opportunity to comment on the 
proposed SIP revision (85 FR 12876, March 5, 2020). No additional 
comments were received during this period.

IV. What action is the EPA taking?

    The EPA is taking final action to amend the Nebraska SIP by 
removing LLCHD Article 2. Section 19. Prevention of Significant 
Deterioration of Air Quality (PSD). The removal of this portion of the 
SIP will not impact air quality because the regulation duplicates the 
State's regulation, which applies in the same jurisdiction.

V. Incorporation by Reference

    In this document, the EPA is amending regulatory text that includes 
incorporation by reference. As described in the amendments to 40 CFR 
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved Nebraska Regulations from the Nebraska State Implementation 
Plan, which is incorporated by reference in accordance with the 
requirements of 1 CFR part 51.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act (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 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 the 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

[[Page 29329]]

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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart--CC Nebraska


Sec.  52.1420   [Amended]

0
2. In Sec.  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''.

[FR Doc. 2020-08760 Filed 5-14-20; 8:45 am]
 BILLING CODE 6560-50-P