Air Plan Approval; Nebraska; Revisions to Title 129 of the Nebraska Administrative Code; General Conformity, 26687-26688 [2021-10123]
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Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Proposed Rules
date.23 To the extent that contractual
relationships are entered into prior to
the order’s effective date, the dollar
amount test adjustments in the order
would not generally apply retroactively
to such contractual relationships,
subject to the transition rules
incorporated in rule 205–3.24
By the Commission.
Dated: May 10, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–10164 Filed 5–14–21; 8:45 am]
BILLING CODE 8011–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2021–0298; FRL–10023–
53–Region 7]
Air Plan Approval; Nebraska;
Revisions to Title 129 of the Nebraska
Administrative Code; General
Conformity
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the State Implementation
Plan (SIP) submitted by the State of
Nebraska on July 16, 2020. This
proposed action will amend the SIP to
revise title 129 of the Nebraska
Administrative Code by removing a
portion of the SIP that addresses general
conformity. General Conformity ensures
that the actions taken by federal
agencies do not interfere with a state’s
plan to attain and maintain national
standards for air quality. Since states are
no longer required to include general
conformity requirements in SIPs, these
proposed revisions remove unnecessary
language and do not substantively
change any existing statutory or
SUMMARY:
23 When the Commission issued the 2011 and
2016 Orders adjusting the dollar amount tests of
rule 205–3 as described above, the effective dates
of the Orders were approximately 60 days following
their issuance. See 2011 Order, supra footnote 13,
at section III; 2016 Order, supra footnote 19, at
section III.
24 See rule 205–3(c)(1) (‘‘If a registered investment
adviser entered into a contract and satisfied the
conditions of this [section] that were in effect when
the contract was entered into, the adviser will be
considered to satisfy the conditions of this [section];
Provided, however, that if a natural person or
company who was not a party to the contract
becomes a party (including an equity owner of a
private investment company advised by the
adviser), the conditions of this [section] in effect at
that time will apply with regard to that person or
company.’’); see also May 2011 Release, supra
footnote 13, at section II.B.3.
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18:42 May 14, 2021
Jkt 253001
regulatory requirement. The proposed
revisions do not impact the stringency
of the SIP or air quality nor do they
impact the State’s ability to attain or
maintain the National Ambient Air
Quality Standards. The EPA’s proposed
approval of this rule revision is in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: Comments must be received on
or before June 16, 2021.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2021–0298 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Allie Donohue, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7986;
email address: donohue.allie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a
SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2021–
0298, at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
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Fmt 4702
Sfmt 4702
26687
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. What is being addressed in this
document?
The EPA is proposing to amend
Nebraska’s SIP to include revisions to
title 129 of the Nebraska Administrative
Code. The EPA is proposing to approve
revisions to the Nebraska SIP submitted
by the State of Nebraska on July 16,
2020. Specifically, the EPA is proposing
to amend the Nebraska SIP by removing
a portion of the SIP as follows: Title
129, Chapter 40. General Conformity.
EPA is proposing approval of these
revisions as they remove unnecessary
language and do not substantively
change any existing statutory or
regulatory requirement.
The EPA approved this rule into the
Nebraska SIP in 1972. In August 2005,
Congress passed the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU)
which eliminated the requirement for
states to adopt and submit General
Conformity SIPs. Section 6011 of
SAFETEA–LU revised the conformity
requirements in section 176(c)of the
CAA. Specifically, section 6011(f)
revised section 176(c)(4)(A) of the CAA
by deleting the requirement for the
states to adopt and submit General
Conformity SIPs.
In 2010, EPA revised the General
Conformity regulations to make the
adoption and submittal of the General
Conformity SIP optional for state and
eligible federally-recognized tribal
governments. See 75 FR 17253 (April 5,
2010). Since there is no longer a
requirement for SIPs to include general
conformity requirements, EPA finds that
the proposed revisions will not impact
the stringency of the SIP or air quality.
States are no longer required to have
their own general conformity rules. If a
state does not have a conformity SIP,
then federal agencies will conduct an
evaluation under the requirements of 40
CFR 93.150–93.165. The SIP revision
being proposed for approval by this
action removes unnecessary language
from the SIP and does not have an
adverse effect on air quality in
Nebraska.
III. Have the requirements for approval
of a SIP revision been met?
The State submission has met the
public notice requirements for SIP
E:\FR\FM\17MYP1.SGM
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26688
Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Proposed Rules
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 of this SIP revision from
September 28, 2019 to November 6,
2019 and held a public hearing on
November 7, 2019. In a letter to the state
dated November 7, 2019, the EPA stated
that the agency ‘‘has no comment on the
proposed repeal of this regulation.’’ The
SIP revision meets the substantive
requirements of the CAA, including
section 110 and implementing
regulations.
IV. What action is the EPA taking?
The EPA is proposing to amend the
Nebraska SIP by approving the state’s
request to remove Title 129 section 40.
General Conformity. The removal of this
portion of the SIP will remove
unnecessary language and does not
substantively change any existing
statutory or regulatory requirement. The
EPA has determined that these changes
will not impact the stringency of the SIP
or adversely impact air quality.
The EPA is processing this as a
proposed action because we are
soliciting comments on this proposed
action. Final rulemaking will occur after
consideration of any comments.
V. Incorporation by Reference
In this document, the EPA is
proposing to amend regulatory text that
includes incorporation by reference. As
described in the proposed amendments
to 40 CFR part 52 set forth below, the
EPA is proposing to remove 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.
VerDate Sep<11>2014
18:42 May 14, 2021
Jkt 253001
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, 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);
• 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
PO 00000
Frm 00007
Fmt 4702
Sfmt 9990
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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations.
Dated: May 7, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA proposes to amend
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
2. In § 52.1420, the table in paragraph
(c) is amended by removing the entry
‘‘129–40’’ under the heading ‘‘Title
129—Nebraska Air Quality
Regulations’’.
■
[FR Doc. 2021–10123 Filed 5–14–21; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\17MYP1.SGM
17MYP1
Agencies
[Federal Register Volume 86, Number 93 (Monday, May 17, 2021)]
[Proposed Rules]
[Pages 26687-26688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10123]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0298; FRL-10023-53-Region 7]
Air Plan Approval; Nebraska; Revisions to Title 129 of the
Nebraska Administrative Code; General Conformity
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the State Implementation Plan (SIP) submitted by
the State of Nebraska on July 16, 2020. This proposed action will amend
the SIP to revise title 129 of the Nebraska Administrative Code by
removing a portion of the SIP that addresses general conformity.
General Conformity ensures that the actions taken by federal agencies
do not interfere with a state's plan to attain and maintain national
standards for air quality. Since states are no longer required to
include general conformity requirements in SIPs, these proposed
revisions remove unnecessary language and do not substantively change
any existing statutory or regulatory requirement. The proposed
revisions do not impact the stringency of the SIP or air quality nor do
they impact the State's ability to attain or maintain the National
Ambient Air Quality Standards. The EPA's proposed approval of this rule
revision is in accordance with the requirements of the Clean Air Act
(CAA).
DATES: Comments must be received on or before June 16, 2021.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0298 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Allie Donohue, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7986; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0298, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to amend Nebraska's SIP to include revisions
to title 129 of the Nebraska Administrative Code. The EPA is proposing
to approve revisions to the Nebraska SIP submitted by the State of
Nebraska on July 16, 2020. Specifically, the EPA is proposing to amend
the Nebraska SIP by removing a portion of the SIP as follows: Title
129, Chapter 40. General Conformity. EPA is proposing approval of these
revisions as they remove unnecessary language and do not substantively
change any existing statutory or regulatory requirement.
The EPA approved this rule into the Nebraska SIP in 1972. In August
2005, Congress passed the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) which
eliminated the requirement for states to adopt and submit General
Conformity SIPs. Section 6011 of SAFETEA-LU revised the conformity
requirements in section 176(c)of the CAA. Specifically, section 6011(f)
revised section 176(c)(4)(A) of the CAA by deleting the requirement for
the states to adopt and submit General Conformity SIPs.
In 2010, EPA revised the General Conformity regulations to make the
adoption and submittal of the General Conformity SIP optional for state
and eligible federally-recognized tribal governments. See 75 FR 17253
(April 5, 2010). Since there is no longer a requirement for SIPs to
include general conformity requirements, EPA finds that the proposed
revisions will not impact the stringency of the SIP or air quality.
States are no longer required to have their own general conformity
rules. If a state does not have a conformity SIP, then federal agencies
will conduct an evaluation under the requirements of 40 CFR 93.150-
93.165. The SIP revision being proposed for approval by this action
removes unnecessary language from the SIP and does not have an adverse
effect on air quality in Nebraska.
III. Have the requirements for approval of a SIP revision been met?
The State submission has met the public notice requirements for SIP
[[Page 26688]]
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 of this SIP revision from September 28,
2019 to November 6, 2019 and held a public hearing on November 7, 2019.
In a letter to the state dated November 7, 2019, the EPA stated that
the agency ``has no comment on the proposed repeal of this
regulation.'' The SIP revision meets the substantive requirements of
the CAA, including section 110 and implementing regulations.
IV. What action is the EPA taking?
The EPA is proposing to amend the Nebraska SIP by approving the
state's request to remove Title 129 section 40. General Conformity. The
removal of this portion of the SIP will remove unnecessary language and
does not substantively change any existing statutory or regulatory
requirement. The EPA has determined that these changes will not impact
the stringency of the SIP or adversely impact air quality.
The EPA is processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.
V. Incorporation by Reference
In this document, the EPA is proposing to amend regulatory text
that includes incorporation by reference. As described in the proposed
amendments to 40 CFR part 52 set forth below, the EPA is proposing to
remove 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 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, 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);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations.
Dated: May 7, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
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
0
2. In Sec. 52.1420, the table in paragraph (c) is amended by removing
the entry ``129-40'' under the heading ``Title 129--Nebraska Air
Quality Regulations''.
[FR Doc. 2021-10123 Filed 5-14-21; 8:45 am]
BILLING CODE 6560-50-P