Air Plan Approval; Nebraska; Lincoln-Lancaster County Health Department (LLCHD), 29327-29329 [2020-08760]
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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
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*
7/30/19
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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
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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
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]]>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
