Air Plan Approval; Nebraska; Revisions to Title 115 of the Nebraska Administrative Code; Rules of Practice and Procedure, 26843-26845 [2021-10360]
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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules and Regulations
EPA program office or regional office
that is responsible for administering the
area of stakeholder interest. Finally, the
EPA notes that guidance is non-binding
and does not have the force and effect
of law. Accordingly, the EPA will
continue to include in all guidance a
disclaimer that the guidance is nonbinding. Considering these practices
regarding guidance, the EPA believes
that rescinding the subpart D
regulations will restore the flexibilities
needed effectively to address the
challenges listed in E.O. 13992 and to
otherwise meet the Agency’s statutory
duties.
Therefore, in accordance with E.O.
13992 and for the reasons stated above,
the EPA is rescinding its internal agency
procedures for issuing guidance
documents codified at 40 CFR part 2,
subpart D.
IV. Statutory and Executive Orders
Reviews
Additional information about these
statues and Executive orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is exempt from review by
the Office of Management and Budget
(OMB) because it is a rule of agency
procedure and practice and is limited to
agency management.
B. Paperwork Reduction Act (PRA)
This action does not contain any
information collection activities and
therefore does not impose an
information collection burden under the
PRA.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA.
The RFA applies only to rules subject to
notice and comment rulemaking
requirements under the Administrative
Procedure Act (APA), 5 U.S.C. 553, or
any other statute. This rule pertains to
agency management or personnel,
which the APA expressly exempts from
notice and comment rulemaking
requirements under 5 U.S.C. 553(a)(2).
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D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local, or
tribal governments or the private sector.
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E. Executive Order 13132: Federalism
List of Subjects in 40 CFR Part 2
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the National
Government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
Environmental protection,
Administrative practice and procedure,
Organization and functions
(Government agencies).
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children. Per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of Executive
Order 13891 and because this action
does not concern an environmental
health risk or safety risk, it is not subject
to Executive Order 13045.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211 because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action is
not subject to Executive Order 12898 (59
FR 7629, February 16, 1994) because it
does not establish an environmental
health or safety standard. This
regulatory action is a procedural rule
and does not have any impact on human
health or the environment.
K. Congressional Review Act
This rule is exempt from the CRA
because it is a rule of agency
organization, procedure or practice that
does not substantially affect the rights or
obligations of non-agency parties.
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Michael S. Regan,
Administrator.
For the reasons set forth in the
preamble, the Environmental Protection
Agency amends 40 CFR part 2 as
follows:
PART 2—PUBLIC INFORMATION
1. The authority citation for part 2 is
revised to read as follows:
■
Authority: 5 U.S.C. 552, 552a, 553; 28
U.S.C. 509, 510, 534; 31 U.S.C. 3717.
Subpart D [Removed]
2. Remove subpart D, consisting of
§§ 2.501 through 2.507.
■
[FR Doc. 2021–10269 Filed 5–17–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2021–0171; FRL–10023–
93–Region 7]
Air Plan Approval; Nebraska;
Revisions to Title 115 of the Nebraska
Administrative Code; Rules of Practice
and Procedure
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the State
Implementation Plan (SIP) submitted by
the State of Nebraska on September 24,
2020. This final action will amend the
SIP to revise the Nebraska
Administrative Code ‘‘Nebraska Rules of
Practice and Procedure.’’ These rules
describe the procedures the Nebraska
Department of Environment and Energy
(NDEE), formerly the Nebraska
Department of Environmental Quality
(NDEQ), will follow for proceedings
under the Administrative Procedure
Act. These proceedings include
contested cases, rulemaking petitions,
and declaratory rulings among others.
The revisions consolidate five chapters
into a single chapter by removing
duplicative language and incorporating
by reference model rules of agency
procedure promulgated by the Attorney
General for agency use in accordance
with the Administrative Procedure Act.
SUMMARY:
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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules and Regulations
The revisions also update language;
renumber chapters; and make minor
wording changes. The changes do not
substantively change any existing
statutory or regulatory requirement or
impact the stringency of the SIP or air
quality, do not revise emission limits or
procedures, nor do they impact the
State’s ability to attain or maintain the
National Ambient Air Quality
Standards.
This final rule is effective on
June 17, 2021.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2021–0171. 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
William 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.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the 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. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
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I. What is being addressed in this
document?
EPA is amending Nebraska’s SIP to
include revisions to title 115 of the
Nebraska Administrative Code. The EPA
is approving revisions to the Nebraska
SIP received on September 24, 2020.
The revisions are to Title 115—Nebraska
Rules of Practice and Procedure. These
revisions are described in detail in the
technical support document (TSD)
included in the docket for this action.
The EPA solicited comments on the
proposed revision to Nebraska’s SIP,
and received no comments.
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15:42 May 17, 2021
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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 of the revisions from
February 28, 2019, to April 2, 2019, and
held a public hearing on April 3, 2019.
The state received no comments. As
explained in more detail in the TSD
which is part of this docket, the SIP
revision submission meets the
substantive requirements of the Clean
Air Act (CAA), including section 110
and implementing regulations.
III. What action is the EPA taking?
The EPA is taking final action to
amend the Nebraska SIP by approving
the State’s request to revise Title 115—
Nebraska Rules of Practice and
Procedure. Approval of these revisions
will ensure consistency between state
and federally-approved rules. The EPA
has determined that these changes will
not adversely impact air quality.
IV. 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).
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
V. 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,
1 62
PO 00000
FR 27968, May 22, 1997.
Frm 00020
Fmt 4700
Sfmt 4700
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 the 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 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
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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules and Regulations
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 19, 2021. 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)).
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Subpart CC—Nebraska
2. In § 52.1420, the table in paragraph
(c) is amended by:
■ a. Revising the entries for ‘‘115–1’’,
‘‘115–2’’, and ‘‘115–3’’; and
■ b. Removing the entries for ‘‘115–4’’,
‘‘115–5’’, ‘‘115–6’’, ‘‘115–7’’, ‘‘115–8’’,
‘‘115–9’’, and ‘‘115–10’’.
The revisions read as follows:
■
Dated: May 11, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as set forth below:
§ 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 115—Rules of Practice and Procedure
115–1 .................
115–2 .................
115–3 .................
Adoption of Model Rules ......
Confidentiality for Trade Secrets.
Public Hearings .....................
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2021–0155; FRL–10023–33]
C10–23 Alkyl Group-Containing AlkaliSoluble Acrylic Emulsion Polymer;
Exemption From the Requirement of a
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
6/24/2019
5/18/2021, [insert Federal Register citation].
Jkt 253001
*
*
average molecular weight 29,000
Daltons when used as an inert
ingredient in a pesticide chemical
formulation. Ag-Chem Consulting LLC
on behalf of Corbet Scientific LLC
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting an exemption from
the requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of C10–23 alkyl groupcontaining alkali-soluble acrylic
emulsion polymer on food or feed
commodities.
This regulation is effective May
18, 2021. Objections and requests for
hearings must be received on or before
July 19, 2021, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
DATES:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of C10–23 alkyl
group-containing alkali-soluble acrylic
emulsion polymer; minimum number
SUMMARY:
15:42 May 17, 2021
5/18/2021, [insert Federal Register citation].
5/18/2021, [insert Federal Register citation].
*
[FR Doc. 2021–10360 Filed 5–17–21; 8:45 am]
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EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2021–0155. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., 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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm.
S–4400, One Potomac Yard (South
Bldg.), 2777 S Crystal Dr., Arlington,
VA. The Docket Facility is open from
8:30 a.m. to 4 p.m., Monday through
ADDRESSES:
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]]>Agencies
[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Rules and Regulations]
[Pages 26843-26845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10360]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0171; FRL-10023-93-Region 7]
Air Plan Approval; Nebraska; Revisions to Title 115 of the
Nebraska Administrative Code; Rules of Practice and Procedure
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the State Implementation Plan (SIP)
submitted by the State of Nebraska on September 24, 2020. This final
action will amend the SIP to revise the Nebraska Administrative Code
``Nebraska Rules of Practice and Procedure.'' These rules describe the
procedures the Nebraska Department of Environment and Energy (NDEE),
formerly the Nebraska Department of Environmental Quality (NDEQ), will
follow for proceedings under the Administrative Procedure Act. These
proceedings include contested cases, rulemaking petitions, and
declaratory rulings among others. The revisions consolidate five
chapters into a single chapter by removing duplicative language and
incorporating by reference model rules of agency procedure promulgated
by the Attorney General for agency use in accordance with the
Administrative Procedure Act.
[[Page 26844]]
The revisions also update language; renumber chapters; and make minor
wording changes. The changes do not substantively change any existing
statutory or regulatory requirement or impact the stringency of the SIP
or air quality, do not revise emission limits or procedures, nor do
they impact the State's ability to attain or maintain the National
Ambient Air Quality Standards.
DATES: This final rule is effective on June 17, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0171. 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: William 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 the 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. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
EPA is amending Nebraska's SIP to include revisions to title 115 of
the Nebraska Administrative Code. The EPA is approving revisions to the
Nebraska SIP received on September 24, 2020. The revisions are to Title
115--Nebraska Rules of Practice and Procedure. These revisions are
described in detail in the technical support document (TSD) included in
the docket for this action. The EPA solicited comments on the proposed
revision to Nebraska's SIP, and received no comments.
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 of the revisions from February 28, 2019,
to April 2, 2019, and held a public hearing on April 3, 2019. The state
received no comments. As explained in more detail in the TSD which is
part of this docket, the SIP revision submission meets the substantive
requirements of the Clean Air Act (CAA), including section 110 and
implementing regulations.
III. What action is the EPA taking?
The EPA is taking final action to amend the Nebraska SIP by
approving the State's request to revise Title 115--Nebraska Rules of
Practice and Procedure. Approval of these revisions will ensure
consistency between state and federally-approved rules. The EPA has
determined that these changes will not adversely impact air quality.
IV. 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).
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.
---------------------------------------------------------------------------
V. 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);
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 the 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 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
[[Page 26845]]
Congress and to the Comptroller General of the United States. The EPA
will submit a report containing this action and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. A major rule cannot take effect until
60 days after it is published in the Federal Register. This action is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 19, 2021. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 11, 2021.
Edward H. Chu,
Acting 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
0
2. In Sec. 52.1420, the table in paragraph (c) is amended by:
0
a. Revising the entries for ``115-1'', ``115-2'', and ``115-3''; and
0
b. Removing the entries for ``115-4'', ``115-5'', ``115-6'', ``115-7'',
``115-8'', ``115-9'', and ``115-10''.
The revisions 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 115--Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------
115-1...................... Adoption of Model 6/24/2019 5/18/2021, [insert Federal
Rules. Register citation].
115-2...................... Confidentiality for 6/24/2019 5/18/2021, [insert Federal
Trade Secrets. Register citation].
115-3...................... Public Hearings....... 6/24/2019 5/18/2021, [insert Federal
Register citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-10360 Filed 5-17-21; 8:45 am]
BILLING CODE 6560-50-P
