Air Plan Approval; Nebraska; Revisions to Title 129 of the Nebraska Administrative Code; Chapter 39 Visible Emissions From Diesel-Powered Motor Vehicles, 33541-33542 [2021-13450]
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
1–230, ‘‘Action on Applications,’’
amended April 7, 2020.
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(555) The following amended
regulations were submitted on August
10, 2020 by the Governor’s designee.
(i) Incorporation by reference.
(A) Mendocino County Air Quality
Management District.
(1) Regulation 1, Rule 1–220, ‘‘New
Source Review Standards (Including
PSD Evaluations),’’ last amended on
April 7, 2020.
(2) Regulation 1, Rule 1–230, ‘‘Action
on Applications,’’ last amended April 7,
2020.
(B) [Reserved]
(ii) [Reserved]
■ 3. Section 52.270 is amended by
revising paragraph (b)(3) introductory
text to read as follows:
§ 52.270
quality.
Significant deterioration of air
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(b) * * *
(3) The PSD program for Mendocino
County Air Quality Management
District, as incorporated by reference in
§ 52.220(c)(489) and (c)(555) is
approved under Part C, Subpart 1, of the
Clean Air Act. However, EPA is
retaining authority to apply § 52.21 in
certain cases. The provisions of § 52.21
except for paragraph (a)(1) are therefore
incorporated and made a part of the
State plan for California for the
Mendocino County Air Quality
Management District for:
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[FR Doc. 2021–13452 Filed 6–24–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Table of Contents
40 CFR Part 52
[EPA–R07–OAR–2021–0244; FRL–10025–
00–Region 7]
Air Plan Approval; Nebraska;
Revisions to Title 129 of the Nebraska
Administrative Code; Chapter 39
Visible Emissions From DieselPowered Motor Vehicles
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) for the State
of Nebraska. This final action will
amend the SIP to revise title 129 of the
Nebraska Administrative Code by
removing a portion of the SIP that
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SUMMARY:
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16:27 Jun 24, 2021
Jkt 253001
addresses visible emissions from dieselpowered motor vehicles. Visible
emissions from diesel-powered motor
vehicles are addressed in the state
statute. The revisions remove
duplicative language that is redundant
to the state statute. The revisions do not
substantively change any existing
statutory or regulatory requirement or
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.
DATES: This final rule is effective on July
26, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2021–0244. 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:
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 EPA.
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?
The EPA is amending Nebraska’s SIP
to include revisions to title 129 of the
Nebraska Administrative Code. The EPA
is approving revisions to the Nebraska
SIP received on July 16, 2020.
Specifically, the EPA is amending the
Nebraska SIP by removing a portion of
the SIP as follows: Title 129. Chapter 39.
Visible Emissions from Diesel-powered
Motor Vehicles. EPA is approving these
revisions as they do not substantively
change any existing statutory or
regulatory requirement. These revisions
do not impact the stringency of the SIP
PO 00000
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Fmt 4700
Sfmt 4700
33541
or air quality. 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 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.’’ EPA
further recommended that NDEE
include a justification that the rule is
redundant to state statute. The SIP
revision meets the substantive
requirements of the 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 remove Title 129
section 39. Visible Emissions from
Diesel-powered Vehicles. The removal
of this portion of the SIP will ensure
consistency between state and federallyapproved rules. The EPA has
determined that these changes will not
adversely impact air quality because the
regulation duplicates the State’s statute,
which applies in the same jurisdiction.
IV. 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.
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
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
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33542
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
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).
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
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16:27 Jun 24, 2021
Jkt 253001
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 August 24, 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, Incorporation by
reference, Intergovernmental relations,
Particulate matter.
Dated: June 14, 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
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
‘‘129–39’’ under ‘‘Title 129-Nebraska
Air Quality Regulations’’.
■
[FR Doc. 2021–13450 Filed 6–24–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR—2021–0014; FRL–10024–
56–Region 9]
Air Plan Approval; California; San
Joaquin Valley Unified Air Pollution
Control District
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the San Joaquin
Valley Unified Air Pollution Control
District (SJVUAPCD or ‘‘the District’’)
portion of the California State
Implementation Plan (SIP). This
revision concerns emissions of oxides of
nitrogen (NOX) and particulate matter
(PM) from indirect sources associated
with new development projects as well
as NOX and PM emissions from certain
transportation and transit development
projects. We are approving a local rule
that regulates these emission sources
under the Clean Air Act (CAA or the
Act).
SUMMARY:
This rule will be effective on July
26, 2021.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2021–0014. 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, 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
ADDRESSES:
La
Kenya Evans, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3245 or by
email at evans.lakenya@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On February 25, 2021 (86 FR 11482),
the EPA proposed to approve the
following rule into the California SIP.
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]]>Agencies
[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Rules and Regulations]
[Pages 33541-33542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13450]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0244; FRL-10025-00-Region 7]
Air Plan Approval; Nebraska; Revisions to Title 129 of the
Nebraska Administrative Code; Chapter 39 Visible Emissions From Diesel-
Powered Motor Vehicles
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) for
the State of Nebraska. This final action will amend the SIP to revise
title 129 of the Nebraska Administrative Code by removing a portion of
the SIP that addresses visible emissions from diesel-powered motor
vehicles. Visible emissions from diesel-powered motor vehicles are
addressed in the state statute. The revisions remove duplicative
language that is redundant to the state statute. The revisions do not
substantively change any existing statutory or regulatory requirement
or 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.
DATES: This final rule is effective on July 26, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0244. 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: 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 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?
The EPA is amending Nebraska's SIP to include revisions to title
129 of the Nebraska Administrative Code. The EPA is approving revisions
to the Nebraska SIP received on July 16, 2020. Specifically, the EPA is
amending the Nebraska SIP by removing a portion of the SIP as follows:
Title 129. Chapter 39. Visible Emissions from Diesel-powered Motor
Vehicles. EPA is approving these revisions as they do not substantively
change any existing statutory or regulatory requirement. These
revisions do not impact the stringency of the SIP or air quality. 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 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.'' EPA further recommended that NDEE include a justification
that the rule is redundant to state statute. The SIP revision meets the
substantive requirements of the 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 remove Title 129 section 39. Visible
Emissions from Diesel-powered Vehicles. The removal of this portion of
the SIP will ensure consistency between state and federally-approved
rules. The EPA has determined that these changes will not adversely
impact air quality because the regulation duplicates the State's
statute, which applies in the same jurisdiction.
IV. 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.
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 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
[[Page 33542]]
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).
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 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 August 24, 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, Incorporation by
reference, Intergovernmental relations, Particulate matter.
Dated: June 14, 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
Sec. 52.1420 [Amended]
0
2. In Sec. 52.1420, the table in paragraph (c) is amended by removing
the entry ``129-39'' under ``Title 129-Nebraska Air Quality
Regulations''.
[FR Doc. 2021-13450 Filed 6-24-21; 8:45 am]
BILLING CODE 6560-50-P
