Air Plan Approval; Nebraska; Revisions to Title 129 of the Nebraska Administrative Code; Nebraska Air Quality Regulations, 66609-66612 [2024-17672]
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66609
Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Volatile organic compounds.
Dated: August 7, 2024.
Debra Shore,
Regional Administrator, Region 5.
Solid Waste Landfills Located in Clark,
Floyd, Lake, and Porter Counties:’’ and
adding in numerical order the entry
‘‘Rule 8.2. Federal Standards Applicable
to Certain Municipal Solid Waste
Landfills’’ to read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
§ 52.770
2. In § 52.770, the table in paragraph
(c) is amended under ‘‘Article 8.
Volatile Organic Compound Rules’’ by
removing the entry ‘‘Rule 8. Municipal
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For the reasons stated in the
preamble, title 40 CFR part 52 is
amended as follows:
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Identification of plan.
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EPA APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective
date
Subject
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EPA approval date
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Notes
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Article 8. Volatile Organic Compound Rules
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Rule 8.2. Federal Standards Applicable to Certain Municipal Solid Waste Landfill
8–8.2 .....................
Adoption of federal standards applicable to
certain municipal solid waste landfills.
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[FR Doc. 2024–17991 Filed 8–15–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2024–0025; FRL–11676–
02–R7]
Air Plan Approval; Nebraska;
Revisions to Title 129 of the Nebraska
Administrative Code; Nebraska Air
Quality Regulations
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), Operating
Permits Program, and 112(l) Plan for the
State of Nebraska. This final action will
amend the SIP to revise Nebraska air
quality regulations and will add specific
definitions from a Nebraska statute.
These 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
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SUMMARY:
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8/16/2024, [INSERT FIRST PAGE OF FEDERAL REGISTER CITATION].
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changes to state and federal law, and
other changes to state regulations. The
EPA’s approval of this rule revision is
in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This final rule is effective on
September 16, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2024–0025. 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., 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 information.
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.
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SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. The EPA’s Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The EPA is amending 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
approving 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 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.
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations
II. Have the requirements for approval
of a SIP revision been met?
The State’s 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 CAA section 110 and
implementing regulations.
III. The EPA’s Response to Comments
The public comment period on the
EPA’s proposed rule opened June 3,
2024, the date of its publication in the
Federal Register, and closed on July 3,
2024 (89 FR 47504). During this period,
EPA received one comment. The
comment did not identify a specific
issue that was germane to our proposed
rule. The comment can be found in the
docket for this action.
IV. What action is the EPA taking?
We are amending the Nebraska SIP
and Operating Permit Program by
approving the State’s request to revise
Title 129—Nebraska Air Quality
Regulations and certain definitions in
Nebraska Revised Statute 81–1502.
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V. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
Nebraska 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;
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• 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;
• 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 amendments to 40 CFR part 52 set
forth below, EPA is removing 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
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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,
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations
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 Department of Environment and
Energy 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.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. 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 October 15, 2024. 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
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: August 5, 2024.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 40 CFR parts
52 and 70 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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’’;
■ h. Revise the entries ‘‘Appendix I’’
and ‘‘Appendix II’’; and
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:
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§ 52.1420
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1. The authority citation for part 52
continues to read as follows:
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66611
Identification of plan.
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(c) * * *
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EPA-APPROVED NEBRASKA REGULATIONS
Nebraska citation
State
effective
date
Title
EPA approval date
Explanation
STATE OF NEBRASKA
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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 ......................
9/28/2022
129–6 ......................
Prevention of Significant Deterioration (PSD).
Operating Permits .........................
129–7 ......................
General Permits ............................
9/28/2022
129–8 ......................
Permits-By-Rule ............................
9/28/2022
129–9 ......................
Permit Revisions; Reopening For
Cause.
Permits—Public Participation .......
9/28/2022
Emissions Reporting, When Required.
9/28/2022
129–10 ....................
129–11 ....................
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8/16/2024, [insert Federal Register citation].
8/16/2024, [insert Federal Register citation].
8/16/2024, [insert
ister citation].
8/16/2024, [insert
ister citation].
8/16/2024, [insert
ister citation].
8/16/2024, [insert
ister citation].
8/16/2024, [insert
ister citation].
8/16/2024, [insert
ister citation].
8/16/2024, [insert
ister citation].
8/16/2024, [insert
ister citation].
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Section 002 total reduced sulfur
(TRS) is not approved into the
SIP.
Federal RegFederal RegFederal RegFederal RegFederal RegFederal RegFederal RegFederal Reg-
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations
EPA-APPROVED NEBRASKA REGULATIONS—Continued
Nebraska citation
State
effective
date
Title
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.
Air Pollution Emergency Episodes
9/28/2022
Appendix I ..............
Appendix II .............
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EPA approval date
8/16/2024, [insert
ister citation].
8/16/2024, [insert
ister citation].
8/16/2024, [insert
ister citation].
8/16/2024, [insert
ister citation].
8/16/2024, [insert
ister citation].
9/28/2022
9/28/2022
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Explanation
Federal RegFederal RegFederal RegFederal RegFederal Reg-
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Nebraska Revised Statute 81–1502 Terms Defined
1502 ........................
Terms Defined ..............................
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PART 70—STATE OPERATING PERMIT
PROGRAMS
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
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(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. This revision is effective
September 16, 2024.
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[FR Doc. 2024–17672 Filed 8–15–24; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
Deletion From the National Priorities
List
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) announces the deletion of
one site and partial deletion of four sites
from the Superfund National Priorities
List (NPL). The NPL, created under the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the States, through their designated
State agencies, have determined that all
appropriate response actions under
CERCLA have been completed.
However, this deletion does not
preclude future actions under
Superfund.
The document is effective
August 16, 2024.
ADDRESSES:
Docket: EPA has established a docket
for this action under the Docket
Identification included in table 1 in the
DATES:
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The following paragraphs of Nebraska Revised Statute 81–
1502 are approved into the SIP:
(2) Air pollution; (3) Chairperson; and (10) Person.
*
SUMMARY:
Nebraska; City of Omaha; Lincoln-Lancaster
County Health Department
*
8/16/2024, [insert Federal Register citation].
[EPA–HQ–OLEM–2023–0470; EPA–HQ–
OLEM–2023–0471; EPA–HQ–OLEM–2023–
0571; EPA–HQ–OLEM–2023–0594; EPA–
HQ–OLEM–2024–0014; FRL–11693–02–
OLEM]
3. The authority citation for part 70
continues to read as follows:
■
*
3/21/2019
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SUPPLEMENTARY INFORMATION section of
this document. All documents in the
docket are listed on the https://
www.regulations.gov website. The Final
Close-Out Report (FCOR, for a full site
deletion) or the Partial Deletion
Justification (PDJ, for a partial site
deletion) is the primary document
which summarizes site information to
support the deletion. It is typically
written for a broad, non-technical
audience and this document is included
in the deletion docket for each of the
sites in this rulemaking. Although listed
in the index, some information is not
publicly available, i.e., Confidential
Business Information 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. Docket materials are available
through https://www.regulations.gov or
at the corresponding Regional Records
Centers. Locations, addresses, and
phone numbers-of the Regional Records
Center follows.
• Region 2 (NJ, NY, PR, VI), U.S. EPA,
290 Broadway, New York, NY 10007–
1866; 212/637–4308.
• Region 4 (AL, FL, GA, KY, MS, NC,
SC, TN), U.S. EPA, 61 Forsyth Street
SW, Mail code 9T25, Atlanta, GA 30303.
• Region 5 (IL, IN, MI, MN, OH, WI),
U.S. EPA Superfund Division Records
Manager, Mail code SRC–7J, Metcalfe
Federal Building, 7th Floor South, 77
West Jackson Boulevard, Chicago, IL
60604, 312/886–4465.
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]]>Agencies
[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Rules and Regulations]
[Pages 66609-66612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17672]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2024-0025; FRL-11676-02-R7]
Air Plan Approval; Nebraska; Revisions to Title 129 of the
Nebraska Administrative Code; Nebraska Air Quality Regulations
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),
Operating Permits Program, and 112(l) Plan for the State of Nebraska.
This final action will amend the SIP to revise Nebraska air quality
regulations and will add specific definitions from a Nebraska statute.
These 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 approval of this rule revision is in accordance
with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on September 16, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2024-0025. 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.,
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 information.
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 EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is amending 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 approving 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 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.
[[Page 66610]]
II. Have the requirements for approval of a SIP revision been met?
The State's 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 CAA section 110 and
implementing regulations.
III. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened June 3,
2024, the date of its publication in the Federal Register, and closed
on July 3, 2024 (89 FR 47504). During this period, EPA received one
comment. The comment did not identify a specific issue that was germane
to our proposed rule. The comment can be found in the docket for this
action.
IV. What action is the EPA taking?
We are amending the Nebraska SIP and Operating Permit Program by
approving the State's request to revise Title 129--Nebraska Air Quality
Regulations and certain definitions in Nebraska Revised Statute 81-
1502.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Nebraska 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;
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 amendments to 40 CFR
part 52 set forth below, EPA is removing 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,
[[Page 66611]]
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 Department of Environment and Energy 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.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 October 15, 2024. 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
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: August 5, 2024.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 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'';
0
h. Revise the entries ``Appendix I'' and ``Appendix II''; and
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 EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
STATE OF NEBRASKA
----------------------------------------------------------------------------------------------------------------
Department of Environment and Energy
Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1......................... General Provisions; 9/28/2022 8/16/2024, [insert
Definitions. Federal Register
citation].
129-2......................... Nebraska Air Quality 9/28/2022 8/16/2024, [insert Section 002 total
Standards. Federal Register reduced sulfur (TRS)
citation]. is not approved into
the SIP.
129-3......................... Construction Permits. 9/28/2022 8/16/2024, [insert
Federal Register
citation].
129-4......................... Prevention of 9/28/2022 8/16/2024, [insert
Significant Federal Register
Deterioration (PSD). citation].
129-6......................... Operating Permits.... 9/28/2022 8/16/2024, [insert
Federal Register
citation].
129-7......................... General Permits...... 9/28/2022 8/16/2024, [insert
Federal Register
citation].
129-8......................... Permits-By-Rule...... 9/28/2022 8/16/2024, [insert
Federal Register
citation].
129-9......................... Permit Revisions; 9/28/2022 8/16/2024, [insert
Reopening For Cause. Federal Register
citation].
129-10........................ Permits--Public 9/28/2022 8/16/2024, [insert
Participation. Federal Register
citation].
129-11........................ Emissions Reporting, 9/28/2022 8/16/2024, [insert
When Required. Federal Register
citation].
[[Page 66612]]
129-14........................ Incinerators, 9/28/2022 8/16/2024, [insert
Emission Standards. Federal Register
citation].
129-15........................ Compliance........... 9/28/2022 8/16/2024, [insert
Federal Register
citation].
129-16........................ Sulfur Compound and 9/28/2022 8/16/2024, [insert
Nitrogen Dioxides Federal Register
Emissions Standards. citation].
Appendix I.................... Hazardous Air 9/28/2022 8/16/2024, [insert
Pollutants Sorted by Federal Register
CAS Number. citation].
Appendix II................... Air Pollution 9/28/2022 8/16/2024, [insert
Emergency Episodes. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Nebraska Revised Statute 81-1502 Terms Defined
----------------------------------------------------------------------------------------------------------------
1502.......................... Terms Defined........ 3/21/2019 8/16/2024, [insert The following
Federal Register paragraphs of
citation]. Nebraska Revised
Statute 81-1502 are
approved into the
SIP: (2) Air
pollution; (3)
Chairperson; and
(10) Person.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
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. This revision is effective September 16, 2024.
* * * * *
[FR Doc. 2024-17672 Filed 8-15-24; 8:45 am]
BILLING CODE 6560-50-P
