Air Plan Approval; Nebraska; Revisions to Title 129 of the Nebraska Administrative Code; Nebraska Air Quality Regulations, 47504-47508 [2024-11649]
Download as PDF
<![CDATA[
47504
Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Proposed Rules
for people of color, low-income
populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate
matter, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 28, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024–12025 Filed 5–31–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Table of Contents
40 CFR Parts 52 and 70
[EPA–R07–OAR–2024–0025; FRL–11676–
01–R7]
Air Plan Approval; Nebraska;
Revisions to Title 129 of the Nebraska
Administrative Code; Nebraska Air
Quality Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Nebraska State
Implementation Plan (SIP), Operating
Permits Program, and 112(l) Plan. The
revisions were submitted by the State of
Nebraska on December 2, 2022. This
proposed action will amend the SIP to
revise Nebraska air quality regulations
and will add specific definitions from a
Nebraska statute. These proposed
changes include new and renumbered
rules, the consolidation of 43 chapters
into 16 chapters, replacement of
duplicative language with references to
state statute and federal regulation,
revisions to reflect changes to state and
federal law, and other changes to state
regulations. 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 July 3, 2024.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2024–0025 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
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
16:22 May 31, 2024
Jkt 262001
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:
William Stone, Environmental
Protection Agency, Region 7 Office, Air
Permitting and 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.
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–2024–
0025, 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 and Operating Permits
Program to include revisions to title 129
of the Nebraska Administrative Code
and to add specific definitions from
Nebraska Revised Statute 81–1502. The
EPA is proposing to approve revisions
to the Nebraska SIP received on
December 2, 2022. The revisions are to
Title 129—Nebraska Air Quality
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
Regulations and include specific
definitions from Nebraska Revised
Statute 81–1502. These proposed
changes include new and renumbered
rules, the consolidation of 43 chapters
into 16 chapters, replacement of
duplicative language with references to
state statute and federal regulation,
approval of specific definitions in state
statute, revisions to reflect changes to
state and federal law, and other changes
to state regulations.
In addition to the changes discussed
above, the state’s revision to title 129
includes state rules that allow small
projects to start construction prior to
receiving a construction permit. To be
eligible for this program, the new source
or modification to an existing source
must not be subject to Nonattainment
New Source Review (NSR), case-by-case
Maximum Achievable Control
Technology (MACT) or Prevention of
Significant Deterioration (PSD) or be a
source seeking federally enforceable
permit restrictions to avoid review
under Nonattainment NSR, case-by-case
MACT or PSD. The source is prohibited
from operating until a construction
permit has been issued. Since the source
is not allowed to hook up the equipment
to the exhaust stack or operate the
equipment in any way that may emit
any pollutant prior to receiving a
construction permit, there is no change
to emissions or air quality as a result of
these revisions. Nebraska Department of
Environment and Energy’s (NDEE’s)
requirements for reviewing the permit
application and protecting air quality
are unchanged by these revisions. In the
Technical Support Document (TSD) for
Chapter 3 included in the docket for this
action, we include more information
about this change.
This revision is in compliance with
federal requirements, including: (1)
CAA section 110(a)(2)(c), which
requires states to include a minor NSR
program in their SIP to regulate
modifications and new construction of
stationary sources within the area as
necessary to assure the National
Ambient Air Quality Standards
(NAAQS) are achieved; (2) The
regulatory requirements under 40 CFR
51.160, including § 51.160(b), which
requires states to have legally
enforceable procedures to prevent
construction or modification of a source
if it would violate any SIP control
strategies or interfere with attainment or
maintenance of the NAAQS; and (3) the
statutory requirements under CAA
section 110(l), which provides that the
EPA cannot approve a SIP revision if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
E:\FR\FM\03JNP1.SGM
03JNP1
lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Proposed Rules
progress, or any other applicable
requirement of the CAA.
The state also revised the carbon
monoxide threshold for minor
construction permitting from 50 tons
per year to 100 tons per year. In the TSD
for Chapter 3 included in the docket for
this action, we explain how allowing
NDEE to increase the permitting
threshold for Carbon Monoxide (CO) for
minor construction permits meets the
requirements of section 110(l) of the
CAA. The summary includes the state’s
monitoring and emissions trends for CO
and an explanation of how Nebraska’s
construction permitting program
protects protect air quality in Nebraska
from exceeding the NAAQS. In this
analysis we also stated that the state of
Nebraska operates two CO monitors and
both are in attainment for the 1-hour
and 8-hour 1971 CO NAAQS, with
design values less than 16% of the 8hour NAAQS.
In addition, title 129 has been revised
to include an exemption to emission
standards for oxides of nitrogen at nitric
acid production installations if the
installation is subject to 40 CFR part 60
Subpart Ga Standards of Performance
for Nitric Acid Plants for Which
Construction, Reconstruction, or
Modification Commenced After October
14, 2011 or other more stringent federal
standards or a more stringent permit
limit. Section 110(l) of the CAA states
that EPA cannot approve a SIP revision
if the revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress (RFP), or any other applicable
requirement of the CAA. The new
exemptions to the nitrogen oxide limit
of this regulation only apply to sources
subject to the NSPS or other more
stringent limits. This means that any
source that becomes exempt from the
nitrogen oxide limit in title 129, is
controlled for this pollutant by the
NSPS or other more stringent limits. In
addition to this regulatory backstop EPA
acknowledges that the state of Nebraska
in currently in attainment with all
NAAQS. For these reasons, we find that
this action will not interfere with any
applicable requirement concerning
attainment and reasonable further
progress (as defined in section 171 of
the CAA), or any other applicable
requirement of the CAA as required
under section 110(l). This change is
further explained the TSD for Chapter
16.
This action also proposes to remove
the total reduced sulfur (TRS) ambient
standard from the SIP. On April 16,
2024, Nebraska requested that EPA not
approve this portion of Chapter 2 from
the December 2, 2022 submission. This
VerDate Sep<11>2014
16:22 May 31, 2024
Jkt 262001
standard was approved into the SIP
initially in Chapter 4, but has no federal
basis, so the state has proposed to
remove it from the SIP, but retain it as
a state only standard. Because
Nebraska’s December 2, 2022
submission requested that the EPA
replace rules that were approved in the
SIP with the amended title 129 rules,
and because Nebraska has withdrawn
the amended title 129 rules related to
TRS, the EPA proposes to remove rules
related to TRS from the SIP. In the TSD
for Chapter 2 included in the docket for
this action, we explain how removing
TRS from the SIP meets the
requirements of section 110(l) of the
CAA.
In Chapter 10 Permits—Public
Participation, NDEE has removed
language that is duplicated in Title 115
Chapter 3 Public Hearings which was
approved into the SIP (86 FR 26843). In
section 2 of Chapter 10, NDEE has also
removed language requiring public
notice to be distributed to persons that
have signed up for a department mailing
list. The state continues to distribute
public notices for air permits by email
to person who provide and email to the
department as required by 40 CFR
70.7(h)(2).
In section 3 of Chapter 10, NDEE
removed language that specifically
requires the public notice to contain the
emissions change involved in any
permit modification. Title 115 Chapter 3
section 7 requires the public notice to
contain a brief description of the
business conducted at the facility or
activity described in the permit
application or the draft permit. The
department considers any change in
emissions to be an activity described in
the permit application, and as such,
continues to put any emission change in
the public notice. The EPA agrees with
NDEE that this requirement fulfills the
requirement of 40 CFR 70.7(h)(2) to
identify the emissions change involved
in any permit modification.
All of the revisions are described in
detail in the technical support
documents (TSD) included in the docket
for this action.
III. 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 23, 2022 to March 29, 2022,
and held a public hearing on March 30,
2022 and received no comments. In
addition, as explained above and in
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
47505
more detail in the TSD which is part of
this docket, the revision meets the
substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
IV. What action is the EPA taking?
We are proposing to amend the
Nebraska SIP by approving the State’s
request to revise Title 129—Nebraska
Air Quality Regulations and certain
definitions in Nebraska Revised Statute
81–1502. 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.
The EPA is soliciting comment on the
substantive revisions detailed in this
proposal and the TSDs. The EPA is not
soliciting comment on existing rule text,
including existing rule text that has
been reorganized, as these provisions
have been previously approved by the
EPA into the SIP or Operating Permits
Program. Final rulemaking will occur
after consideration of any comments.
V. Incorporation by Reference
In this document, the EPA is
proposing to include regulatory text in
an EPA final rule 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 rules:
• Chapter 1—General Provisions;
Definitions, which provides general
provisions and definitions for air quality
regulations;
• Chapter 2—Nebraska Air Quality
Standards, which lists the ambient air
quality standards;
• Chapter 3—Construction Permits,
which regulates air construction
permitting in Nebraska;
• Chapter 4—Prevention Of
Significant Deterioration of Air Quality
(PSD) which regulates PSD permitting
in Nebraska;
• Chapter 6—Operating Permits
which regulates air operating permitting
in Nebraska;
• Chapter 7—General Permits which
regulates air general permitting in
Nebraska;
• Chapter 8—Permits-By-Rule which
regulates air permit-by-rule permitting
in Nebraska;
• Chapter 9—Permit Revisions;
Reopening For Cause which regulates
air permit revisions in Nebraska;
• Chapter 10—Permits—Public
Participation which regulates public
notice requirements for air permitting in
Nebraska;
• Chapter 11—Emissions Reporting,
When Required which regulates air
emissions inventory in Nebraska;
E:\FR\FM\03JNP1.SGM
03JNP1
47506
Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Proposed Rules
• Chapter 14—Incinerators, Emission
Standards which regulates emissions
from incinerators in Nebraska;
• Chapter 15—Compliance which
regulates compliance with air
regulations in Nebraska;
• Chapter 16—Sulfur Compound and
Nitrogen Oxides Emissions Standards
which regulates emissions of sulfur
dioxide and nitrogen oxides in
Nebraska;
• Appendix I—Hazardous Air
Pollutants Sorted by CAS Number
which lists the hazardous air pollutants;
• Appendix II—Air Pollution
Emergency Episodes which explains
Nebraska’s emergency episode
procedures; and
• Nebraska Revised Statute 81–
1502—Terms, Defined which contains
definitions for Nebraska’s air quality
regulations.
The state effective date of these rules
is September 28, 2022. The state
effective date of Nebraska Revised
Statute 81–1502 is March 21, 2019. The
EPA has made, and will continue to
make, these materials generally
available through https://
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).
Also, in this document, as described
in the proposed amendments to 40 CFR
part 52 set forth below, EPA is
proposing to remove provisions of the
EPA-Approved Nebraska Regulations
and Statutes from the Nebraska State
Implementation Plan, which is
incorporated by reference in accordance
with the requirements of 1 CFR part 51.
lotter on DSK11XQN23PROD with PROPOSALS1
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,
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 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
VerDate Sep<11>2014
16:22 May 31, 2024
Jkt 262001
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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA.
In addition, 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).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The NDEE did not evaluate
environmental justice considerations as
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action. Consideration of EJ is not
required as part of this action, and there
is no information in the record
inconsistent with the stated goal of E.O.
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Operating permits, Reporting
and recordkeeping requirements.
Dated: May 21, 2024.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA proposes to amend
40 CFR parts 52 and 70 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, in the table in
paragraph (c):
■ a. Revise the center heading
‘‘Department of Environmental Quality’’
to read ‘‘Department of Environment
and Energy’’.
■ b. Revise the entries ‘‘129–1’’, ‘‘129–
2’’, ‘‘129–3’’, and ‘‘129–4’’;
■ c. Remove the entry ‘‘129–5’’;
■ d. Revise the entries ‘‘129–6’’, ‘‘129–
7’’, ‘‘129–8’’, ‘‘129–9’’, ‘‘129–10’’, and
‘‘129–11’’;
■ e. Remove the entries ‘‘129–12’’ and
‘‘129–13’’;
■ f. Revise the entries ‘‘129–14’’, ‘‘129–
15’’, and ‘‘129–16’’;
■ g. Remove the entries ‘‘129–17’’,
‘‘129–19’’, ‘‘129–20’’, ‘‘129–21’’, ‘‘129–
22’’, ‘‘129–24’’, ‘‘129–25’’, ‘‘129–30’’,
‘‘129–32’’, ‘‘129–33’’, ‘‘129–34’’, ‘‘129–
35’’, ‘‘129–36’’, ‘‘129–37’’, ‘‘129–38’’,
‘‘129–41’’, ‘‘129–42’’, ‘‘129–43’’, and
‘‘129–44’’;
■
E:\FR\FM\03JNP1.SGM
03JNP1
47507
Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Proposed Rules
h. Revise the entries ‘‘Appendix I’’
and ‘‘Appendix II’’; and
■ i. Add the center heading ‘‘Nebraska
Revised Statute 81–1502 Terms
■
§ 52.1420
Defined’’ and the entry ‘‘1502’’ after the
entry ‘‘115–3’’.
The revisions and additions read as
follows:
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEBRASKA REGULATIONS
Nebraska
citation
State effective
date
Title
EPA approval date
Explanation
State of Nebraska
Department of Environment and Energy
Title 129—Nebraska Air Quality Regulations
129–1 ...........
General Provisions; Definitions.
9/28/2022
129–2 ...........
Nebraska Air Quality
Standards.
9/28/2022
129–3 ...........
Construction Permits ........
9/28/2022
129–4 ...........
Prevention of Significant
Deterioration (PSD).
9/28/2022
129–6 ...........
Operating Permits ............
9/28/2022
129–7 ...........
General Permits ...............
9/28/2022
129–8 ...........
Permits-By-Rule ...............
9/28/2022
129–9 ...........
Permit Revisions; Reopening For Cause.
9/28/2022
129–10 .........
Permits—Public Participation.
9/28/2022
129–11 .........
Emissions Reporting,
When Required.
9/28/2022
129–14 .........
Incinerators, Emission
Standards.
9/28/2022
129–15 .........
Compliance .......................
9/28/2022
129–16 .........
Sulfur Compound and Nitrogen Dioxides Emissions Standards.
Hazardous Air Pollutants
Sorted by CAS Number.
9/28/2022
Air Pollution Emergency
Episodes.
9/28/2022
Appendix I ....
Appendix II ...
*
*
9/28/2022
[Date of publication of the final
Register], [Federal Register
rule].
[Date of publication of the final
Register], [Federal Register
rule].
[Date of publication of the final
Register], [Federal Register
rule].
[Date of publication of the final
Register], [Federal Register
rule].
[Date of publication of the final
Register], [Federal Register
rule].
[Date of publication of the final
Register], [Federal Register
rule].
[Date of publication of the final
Register], [Federal Register
rule].
[Date of publication of the final
Register], [Federal Register
rule].
[Date of publication of the final
Register], [Federal Register
rule].
[Date of publication of the final
Register], [Federal Register
rule].
[Date of publication of the final
Register], [Federal Register
rule].
[Date of publication of the final
Register], [Federal Register
rule].
[Date of publication of the final
Register], [Federal Register
rule].
[Date of publication of the final
Register], [Federal Register
rule].
[Date of publication of the final
Register], [Federal Register
rule].
*
*
lotter on DSK11XQN23PROD with PROPOSALS1
*
VerDate Sep<11>2014
Terms Defined ..................
*
16:22 May 31, 2024
3/21/2019
PO 00000
*
Frm 00037
Fmt 4702
rule in the Federal
citation of the final
rule in the Federal
citation of the final
rule in the Federal
citation of the final
rule in the Federal
citation of the final
rule in the Federal
citation of the final
rule in the Federal
citation of the final
rule in the Federal
citation of the final
rule in the Federal
citation of the final
rule in the Federal
citation of the final
rule in the Federal
citation of the final
rule in the Federal
citation of the final
rule in the Federal
citation of the final
*
*
Terms Defined
*
Sfmt 4702
Section 002 Total reduced
sulfur (TRS) is not approved into the SIP.
rule in the Federal
citation of the final
[Date of publication of the final rule in the Federal
Register], [Federal Register citation of the final
rule].
*
Jkt 262001
rule in the Federal
citation of the final
*
Nebraska Revised Statute 81–1502
1502 .............
rule in the Federal
citation of the final
E:\FR\FM\03JNP1.SGM
*
03JNP1
The following paragraphs
of Nebraska Revised
Statute 81–1502 are approved into the SIP: (2)
Air pollution; (3) Chairperson; and (10) Person.
*
47508
*
*
Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Proposed Rules
*
*
*
PART 70—STATE OPERATING PERMIT
PROGRAMS
3. The authority citation for part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
4. Appendix A to part 70 is amended
by adding paragraph (r) under
‘‘Nebraska; City of Omaha; LincolnLancaster County Health Department’’
to read as follows:
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
*
*
*
Nebraska; City of Omaha; Lincoln-Lancaster
County Health Department
*
*
*
*
*
(r) The Nebraska Department of
Environment and Energy submitted for
program approval revisions to the Nebraska
Administrative Code, title 129, chapters 1, 6,
7, 9, 10, 11, and appendix I on December 2,
2022. Title 129 Chapter 8 ‘‘Operating Permit
Content’’ has been renumbered and renamed
Chapter 6 ‘‘Operating Permits’’ and Chapter
8 is no longer part 70 approved. Appendix
III has been repealed and is no longer part
70 approved. The state effective date is
September 28, 2022. The proposed revision
effective date is [date 30 days after date of
publication of the final rule in the Federal
Register].
*
*
*
*
*
[FR Doc. 2024–11649 Filed 5–31–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
[Docket No. 240415–0108]
RIN 0648–BK65
Proposed Rule To Modify the Duration
of Certain Permits and Letters of
Confirmation Under the Marine
Mammal Protection Act; Extension of
Public Comment Period
National Marine Fisheries
Service (NMFS), National Oceanic and
lotter on DSK11XQN23PROD with PROPOSALS1
AGENCY:
VerDate Sep<11>2014
16:22 May 31, 2024
Jkt 262001
NMFS announces the
extension of the public comment period
on our May 3, 2024, proposed rule to
modify the regulations for Marine
Mammal Protection Act (MMPA)
section 104 permits, including scientific
research, enhancement, photography,
and public display permits and Letters
of Confirmation (LOCs). We published
our proposed rule with a 30-day public
comment period. Today we extend the
public comment period by 15 days.
DATES: The deadline for receipt of
comments is extended from June 3,
2024, until June 18, 2024.
ADDRESSES: A plain language summary
of this proposed rule is available at
https://www.regulations.gov/docket/
NOAA-NMFS-2024-0054. You may
submit comments on this document,
identified by NOAA–NMFS–2024–0054,
by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Visit
https://www.regulations.gov and type
NOAA–NMFS–2024–0054 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Permits and Conservation Division,
Office of Protected Resources, NMFS,
1315 East-West Highway, Room 13705,
Silver Spring, MD 20910; ATTN: Jolie
Harrison, Chief, Permits and
Conservation Division.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
SUMMARY:
■
*
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; extension of
public comment period.
PO 00000
Frm 00038
Fmt 4702
Sfmt 9990
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Sara
Young or Carrie Hubard, Office of
Protected Resources, NMFS, (301) 427–
8401.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On May 3, 2024, NMFS published a
proposed rule to modify the regulations
for MMPA section 104 permits,
including scientific research, LOCs with
a 30-day public comment period. NMFS
received a request from the Animal
Welfare Institute to extend the public
comment period by 60 days to maximize
public input on the proposed rule.
NMFS considered the request and
concluded that a 15-day extension
should allow sufficient time for
responders to submit public comments
without significantly delaying the
rulemaking process. We are therefore
extending the close of the public
comment period from June 3, 2024, to
June 18, 2024. This extension provides
a total of 45 days for public input on the
proposed rule. All comments and
information submitted previously
regarding the proposed rule will be fully
considered during the development of
the final rule, if promulgated, and do
not need to be resubmitted.
Dated: May 28, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024–12053 Filed 5–31–24; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\03JNP1.SGM
03JNP1
]]>Agencies
[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Proposed Rules]
[Pages 47504-47508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11649]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2024-0025; FRL-11676-01-R7]
Air Plan Approval; Nebraska; Revisions to Title 129 of the
Nebraska Administrative Code; Nebraska Air Quality Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Nebraska State Implementation Plan (SIP),
Operating Permits Program, and 112(l) Plan. The revisions were
submitted by the State of Nebraska on December 2, 2022. This proposed
action will amend the SIP to revise Nebraska air quality regulations
and will add specific definitions from a Nebraska statute. These
proposed changes include new and renumbered rules, the consolidation of
43 chapters into 16 chapters, replacement of duplicative language with
references to state statute and federal regulation, revisions to
reflect changes to state and federal law, and other changes to state
regulations. 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 July 3, 2024.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2024-0025 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: William Stone, Environmental
Protection Agency, Region 7 Office, Air Permitting and 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. 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-2024-
0025, 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 and Operating Permits
Program to include revisions to title 129 of the Nebraska
Administrative Code and to add specific definitions from Nebraska
Revised Statute 81-1502. The EPA is proposing to approve revisions to
the Nebraska SIP received on December 2, 2022. The revisions are to
Title 129--Nebraska Air Quality Regulations and include specific
definitions from Nebraska Revised Statute 81-1502. These proposed
changes include new and renumbered rules, the consolidation of 43
chapters into 16 chapters, replacement of duplicative language with
references to state statute and federal regulation, approval of
specific definitions in state statute, revisions to reflect changes to
state and federal law, and other changes to state regulations.
In addition to the changes discussed above, the state's revision to
title 129 includes state rules that allow small projects to start
construction prior to receiving a construction permit. To be eligible
for this program, the new source or modification to an existing source
must not be subject to Nonattainment New Source Review (NSR), case-by-
case Maximum Achievable Control Technology (MACT) or Prevention of
Significant Deterioration (PSD) or be a source seeking federally
enforceable permit restrictions to avoid review under Nonattainment
NSR, case-by-case MACT or PSD. The source is prohibited from operating
until a construction permit has been issued. Since the source is not
allowed to hook up the equipment to the exhaust stack or operate the
equipment in any way that may emit any pollutant prior to receiving a
construction permit, there is no change to emissions or air quality as
a result of these revisions. Nebraska Department of Environment and
Energy's (NDEE's) requirements for reviewing the permit application and
protecting air quality are unchanged by these revisions. In the
Technical Support Document (TSD) for Chapter 3 included in the docket
for this action, we include more information about this change.
This revision is in compliance with federal requirements,
including: (1) CAA section 110(a)(2)(c), which requires states to
include a minor NSR program in their SIP to regulate modifications and
new construction of stationary sources within the area as necessary to
assure the National Ambient Air Quality Standards (NAAQS) are achieved;
(2) The regulatory requirements under 40 CFR 51.160, including Sec.
51.160(b), which requires states to have legally enforceable procedures
to prevent construction or modification of a source if it would violate
any SIP control strategies or interfere with attainment or maintenance
of the NAAQS; and (3) the statutory requirements under CAA section
110(l), which provides that the EPA cannot approve a SIP revision if
the revision would interfere with any applicable requirement concerning
attainment and reasonable further
[[Page 47505]]
progress, or any other applicable requirement of the CAA.
The state also revised the carbon monoxide threshold for minor
construction permitting from 50 tons per year to 100 tons per year. In
the TSD for Chapter 3 included in the docket for this action, we
explain how allowing NDEE to increase the permitting threshold for
Carbon Monoxide (CO) for minor construction permits meets the
requirements of section 110(l) of the CAA. The summary includes the
state's monitoring and emissions trends for CO and an explanation of
how Nebraska's construction permitting program protects protect air
quality in Nebraska from exceeding the NAAQS. In this analysis we also
stated that the state of Nebraska operates two CO monitors and both are
in attainment for the 1-hour and 8-hour 1971 CO NAAQS, with design
values less than 16% of the 8-hour NAAQS.
In addition, title 129 has been revised to include an exemption to
emission standards for oxides of nitrogen at nitric acid production
installations if the installation is subject to 40 CFR part 60 Subpart
Ga Standards of Performance for Nitric Acid Plants for Which
Construction, Reconstruction, or Modification Commenced After October
14, 2011 or other more stringent federal standards or a more stringent
permit limit. Section 110(l) of the CAA states that EPA cannot approve
a SIP revision if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
(RFP), or any other applicable requirement of the CAA. The new
exemptions to the nitrogen oxide limit of this regulation only apply to
sources subject to the NSPS or other more stringent limits. This means
that any source that becomes exempt from the nitrogen oxide limit in
title 129, is controlled for this pollutant by the NSPS or other more
stringent limits. In addition to this regulatory backstop EPA
acknowledges that the state of Nebraska in currently in attainment with
all NAAQS. For these reasons, we find that this action will not
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171 of the CAA), or
any other applicable requirement of the CAA as required under section
110(l). This change is further explained the TSD for Chapter 16.
This action also proposes to remove the total reduced sulfur (TRS)
ambient standard from the SIP. On April 16, 2024, Nebraska requested
that EPA not approve this portion of Chapter 2 from the December 2,
2022 submission. This standard was approved into the SIP initially in
Chapter 4, but has no federal basis, so the state has proposed to
remove it from the SIP, but retain it as a state only standard. Because
Nebraska's December 2, 2022 submission requested that the EPA replace
rules that were approved in the SIP with the amended title 129 rules,
and because Nebraska has withdrawn the amended title 129 rules related
to TRS, the EPA proposes to remove rules related to TRS from the SIP.
In the TSD for Chapter 2 included in the docket for this action, we
explain how removing TRS from the SIP meets the requirements of section
110(l) of the CAA.
In Chapter 10 Permits--Public Participation, NDEE has removed
language that is duplicated in Title 115 Chapter 3 Public Hearings
which was approved into the SIP (86 FR 26843). In section 2 of Chapter
10, NDEE has also removed language requiring public notice to be
distributed to persons that have signed up for a department mailing
list. The state continues to distribute public notices for air permits
by email to person who provide and email to the department as required
by 40 CFR 70.7(h)(2).
In section 3 of Chapter 10, NDEE removed language that specifically
requires the public notice to contain the emissions change involved in
any permit modification. Title 115 Chapter 3 section 7 requires the
public notice to contain a brief description of the business conducted
at the facility or activity described in the permit application or the
draft permit. The department considers any change in emissions to be an
activity described in the permit application, and as such, continues to
put any emission change in the public notice. The EPA agrees with NDEE
that this requirement fulfills the requirement of 40 CFR 70.7(h)(2) to
identify the emissions change involved in any permit modification.
All of the revisions are described in detail in the technical
support documents (TSD) included in the docket for this action.
III. 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 23,
2022 to March 29, 2022, and held a public hearing on March 30, 2022 and
received no comments. In addition, as explained above and in more
detail in the TSD which is part of this docket, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
IV. What action is the EPA taking?
We are proposing to amend the Nebraska SIP by approving the State's
request to revise Title 129--Nebraska Air Quality Regulations and
certain definitions in Nebraska Revised Statute 81-1502. 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.
The EPA is soliciting comment on the substantive revisions detailed
in this proposal and the TSDs. The EPA is not soliciting comment on
existing rule text, including existing rule text that has been
reorganized, as these provisions have been previously approved by the
EPA into the SIP or Operating Permits Program. Final rulemaking will
occur after consideration of any comments.
V. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule 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 rules:
Chapter 1--General Provisions; Definitions, which provides
general provisions and definitions for air quality regulations;
Chapter 2--Nebraska Air Quality Standards, which lists the
ambient air quality standards;
Chapter 3--Construction Permits, which regulates air
construction permitting in Nebraska;
Chapter 4--Prevention Of Significant Deterioration of Air
Quality (PSD) which regulates PSD permitting in Nebraska;
Chapter 6--Operating Permits which regulates air operating
permitting in Nebraska;
Chapter 7--General Permits which regulates air general
permitting in Nebraska;
Chapter 8--Permits-By-Rule which regulates air permit-by-
rule permitting in Nebraska;
Chapter 9--Permit Revisions; Reopening For Cause which
regulates air permit revisions in Nebraska;
Chapter 10--Permits--Public Participation which regulates
public notice requirements for air permitting in Nebraska;
Chapter 11--Emissions Reporting, When Required which
regulates air emissions inventory in Nebraska;
[[Page 47506]]
Chapter 14--Incinerators, Emission Standards which
regulates emissions from incinerators in Nebraska;
Chapter 15--Compliance which regulates compliance with air
regulations in Nebraska;
Chapter 16--Sulfur Compound and Nitrogen Oxides Emissions
Standards which regulates emissions of sulfur dioxide and nitrogen
oxides in Nebraska;
Appendix I--Hazardous Air Pollutants Sorted by CAS Number
which lists the hazardous air pollutants;
Appendix II--Air Pollution Emergency Episodes which
explains Nebraska's emergency episode procedures; and
Nebraska Revised Statute 81-1502--Terms, Defined which
contains definitions for Nebraska's air quality regulations.
The state effective date of these rules is September 28, 2022. The
state effective date of Nebraska Revised Statute 81-1502 is March 21,
2019. The EPA has made, and will continue to make, these materials
generally available through https://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).
Also, in this document, as described in the proposed amendments to
40 CFR part 52 set forth below, EPA is proposing to remove provisions
of the EPA-Approved Nebraska Regulations and Statutes 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, 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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, 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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The NDEE did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: May 21, 2024.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR parts 52 and 70 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, in the table in paragraph (c):
0
a. Revise the center heading ``Department of Environmental Quality'' to
read ``Department of Environment and Energy''.
0
b. Revise the entries ``129-1'', ``129-2'', ``129-3'', and ``129-4'';
0
c. Remove the entry ``129-5'';
0
d. Revise the entries ``129-6'', ``129-7'', ``129-8'', ``129-9'',
``129-10'', and ``129-11'';
0
e. Remove the entries ``129-12'' and ``129-13'';
0
f. Revise the entries ``129-14'', ``129-15'', and ``129-16'';
0
g. Remove the entries ``129-17'', ``129-19'', ``129-20'', ``129-21'',
``129-22'', ``129-24'', ``129-25'', ``129-30'', ``129-32'', ``129-33'',
``129-34'', ``129-35'', ``129-36'', ``129-37'', ``129-38'', ``129-41'',
``129-42'', ``129-43'', and ``129-44'';
[[Page 47507]]
0
h. Revise the entries ``Appendix I'' and ``Appendix II''; and
0
i. Add the center heading ``Nebraska Revised Statute 81-1502 Terms
Defined'' and the entry ``1502'' after the entry ``115-3''.
The revisions and additions 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 Environment and Energy
Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1................. General Provisions; 9/28/2022 [Date of publication of
Definitions. the final rule in the
Federal Register],
[Federal Register
citation of the final
rule].
129-2................. Nebraska Air Quality 9/28/2022 [Date of publication of Section 002 Total
Standards. the final rule in the reduced sulfur (TRS)
Federal Register], is not approved into
[Federal Register the SIP.
citation of the final
rule].
129-3................. Construction Permits. 9/28/2022 [Date of publication of
the final rule in the
Federal Register],
[Federal Register
citation of the final
rule].
129-4................. Prevention of 9/28/2022 [Date of publication of
Significant the final rule in the
Deterioration (PSD). Federal Register],
[Federal Register
citation of the final
rule].
129-6................. Operating Permits.... 9/28/2022 [Date of publication of
the final rule in the
Federal Register],
[Federal Register
citation of the final
rule].
129-7................. General Permits...... 9/28/2022 [Date of publication of
the final rule in the
Federal Register],
[Federal Register
citation of the final
rule].
129-8................. Permits-By-Rule...... 9/28/2022 [Date of publication of
the final rule in the
Federal Register],
[Federal Register
citation of the final
rule].
129-9................. Permit Revisions; 9/28/2022 [Date of publication of
Reopening For Cause. the final rule in the
Federal Register],
[Federal Register
citation of the final
rule].
129-10................ Permits--Public 9/28/2022 [Date of publication of
Participation. the final rule in the
Federal Register],
[Federal Register
citation of the final
rule].
129-11................ Emissions Reporting, 9/28/2022 [Date of publication of
When Required. the final rule in the
Federal Register],
[Federal Register
citation of the final
rule].
129-14................ Incinerators, 9/28/2022 [Date of publication of
Emission Standards. the final rule in the
Federal Register],
[Federal Register
citation of the final
rule].
129-15................ Compliance........... 9/28/2022 [Date of publication of
the final rule in the
Federal Register],
[Federal Register
citation of the final
rule].
129-16................ Sulfur Compound and 9/28/2022 [Date of publication of
Nitrogen Dioxides the final rule in the
Emissions Standards. Federal Register],
[Federal Register
citation of the final
rule].
Appendix I............ Hazardous Air 9/28/2022 [Date of publication of
Pollutants Sorted by the final rule in the
CAS Number. Federal Register],
[Federal Register
citation of the final
rule].
Appendix II........... Air Pollution 9/28/2022 [Date of publication of
Emergency Episodes. the final rule in the
Federal Register],
[Federal Register
citation of the final
rule].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Nebraska Revised Statute 81-1502 Terms Defined
----------------------------------------------------------------------------------------------------------------
1502.................. Terms Defined........ 3/21/2019 [Date of publication of The following
the final rule in the paragraphs of
Federal Register], Nebraska Revised
[Federal Register Statute 81-1502 are
citation of the final approved into the
rule]. SIP: (2) Air
pollution; (3)
Chairperson; and
(10) Person.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 47508]]
* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (r) under
``Nebraska; City of Omaha; Lincoln-Lancaster County Health Department''
to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Nebraska; City of Omaha; Lincoln-Lancaster County Health Department
* * * * *
(r) The Nebraska Department of Environment and Energy submitted
for program approval revisions to the Nebraska Administrative Code,
title 129, chapters 1, 6, 7, 9, 10, 11, and appendix I on December
2, 2022. Title 129 Chapter 8 ``Operating Permit Content'' has been
renumbered and renamed Chapter 6 ``Operating Permits'' and Chapter 8
is no longer part 70 approved. Appendix III has been repealed and is
no longer part 70 approved. The state effective date is September
28, 2022. The proposed revision effective date is [date 30 days
after date of publication of the final rule in the Federal
Register].
* * * * *
[FR Doc. 2024-11649 Filed 5-31-24; 8:45 am]
BILLING CODE 6560-50-P
